Bill Text: NY A07626 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires the court to provide a range of at least three different dates and times for a person pleading not guilty to a traffic infraction to appear.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A07626 Detail]

Download: New_York-2019-A07626-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7626

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 14, 2019
                                       ___________

        Introduced  by M. of A. RAMOS -- read once and referred to the Committee
          on Transportation

        AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
          the court to provide a range of dates for a person pleading not guilty
          to a traffic infraction to appear

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 1806 of the vehicle and traffic law, as amended  by
     2  section  1  of  part  C of chapter 55 of the laws of 2012, is amended to
     3  read as follows:
     4    § 1806. Plea of not guilty by  a  defendant  charged  with  a  traffic
     5  infraction.  In  addition to appearing personally to enter a plea of not
     6  guilty to a violation of any provision of the tax law or the transporta-
     7  tion law  regulating  traffic,  or  to  a  traffic  infraction  for  the
     8  violation  of any of the provisions of the vehicle and traffic law or of
     9  any local law, ordinance, order, rule  or  regulation  relating  to  the
    10  operation of motor vehicles or motorcycles, a defendant may enter a plea
    11  of  not  guilty  by mailing to the court of appropriate jurisdiction the
    12  ticket making the charge and a signed statement  indicating  such  plea.
    13  Such  plea  must  be  sent:  (a) by registered or certified mail, return
    14  receipt requested or by first class mail;  and  (b)  within  forty-eight
    15  hours  after  receiving  such  ticket.  Upon  receipt of such ticket and
    16  statement, the court shall advise the violator, by first class mail,  of
    17  an  appearance  at  which  no  testimony shall be taken. The court shall
    18  provide the violator with a range of dates to appear which shall include
    19  at least three different dates and  times  at  which  the  violator  may
    20  appear.  If  the  motorist requests a trial, the court shall set a trial
    21  date on a date subsequent to the date  of  the  initial  appearance  and
    22  shall  notify  the  defendant  of  the  date  by first class mail but no
    23  warrant of arrest for failure to appear can be issued until the violator
    24  is notified of a new court appearance date by  registered  or  certified
    25  mail, return receipt requested, and fails to appear.
    26    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11283-01-9