Bill Text: NY S03131 | 2019-2020 | General Assembly | Introduced

Bill Title: Authorizes a plea of guilty and the payment of fines or penalties electronically via the internet.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-04 - REFERRED TO TRANSPORTATION [S03131 Detail]

Download: New_York-2019-S03131-Introduced.html

                STATE OF NEW YORK
            S. 3131                                                  A. 4276
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                    February 4, 2019
        IN  SENATE  --  Introduced  by  Sen.  CARLUCCI -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Trans-
        IN  ASSEMBLY  --  Introduced  by M. of A. GALEF, CAHILL -- read once and
          referred to the Committee on Transportation
        AN ACT to amend the vehicle and traffic law, in relation to  authorizing
          a  plea of guilty and payment of fines or penalties electronically via
          the internet
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 1805 of the vehicle and traffic law, as amended by
     2  chapter 182 of the laws of 2004, is amended to read as follows:
     3    § 1805. Plea of guilty, how put in. The provisions of  section  170.10
     4  of  the  criminal  procedure  law and the provisions of section eighteen
     5  hundred seven of this article may be waived, to the  extent  hereinafter
     6  indicated,  by  a defendant charged with a violation of any provision of
     7  the tax law or the transportation law regulating traffic, or  a  traffic
     8  infraction, as defined in this chapter, other than a third or subsequent
     9  speeding  violation  committed  within  a  period  of  eighteen  months,
    10  provided that he or she shall submit to the local criminal court  having
    11  jurisdiction,  in  person, by duly authorized agent, by first class mail
    12  or by registered or certified mail, return receipt requested,  or  elec-
    13  tronically  via  the  internet,  which method shall include instructions
    14  relating to the use of an electronic signature, an  application  setting
    15  forth  (a) the nature of the charge, (b) the information or instructions
    16  required by section eighteen hundred seven of this article to  be  given
    17  defendant  upon  arraignment,  (c)  that defendant waives arraignment in
    18  open court and the aid of counsel, (d) that he or she pleads  guilty  to
    19  the  offense as charged, (e) that defendant elects and requests that the
    20  charge be disposed of and the fine or penalty fixed by the court, pursu-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 3131                             2                            A. 4276
     1  ant to this section, (f) any statement or explanation that the defendant
     2  may desire to make concerning the offense charged and (g) that defendant
     3  makes all statements with respect to such application under  penalty  of
     4  perjury.  This  application  shall  be  in such form as the commissioner
     5  shall prescribe and a copy thereof shall be handed to the  defendant  by
     6  the  officer  charging him or her with such offense. Thereupon the local
     7  criminal court may proceed as though the defendant  had  been  convicted
     8  upon a plea of guilty in open court, provided, however, that any imposi-
     9  tion  of  fine or penalty hereunder shall be deemed tentative until such
    10  fine or penalty shall have been paid and discharged in  full,  prior  to
    11  which  time  such  court,  in  its discretion, may annul any proceedings
    12  hereunder, including such tentative imposition of fine or  penalty,  and
    13  deny  the  application,  in  which event the charge shall be disposed of
    14  pursuant to the applicable provisions of law, as though  no  proceedings
    15  had been had under this section.  Such fine or penalty may be paid elec-
    16  tronically  via the internet in a manner and condition prescribed by the
    17  court. If upon receipt of the aforesaid  application  such  court  shall
    18  deny the same, it shall thereupon inform the defendant of this fact, and
    19  that  he  or she is required to appear before the said court at a stated
    20  time and place to answer the charge which shall thereafter  be  disposed
    21  of pursuant to the applicable provisions of law.
    22    § 2. This act shall take effect on the one hundred twentieth day after
    23  it shall have become a law; provided, however, that the addition, amend-
    24  ment and/or repeal of any rule or regulation necessary for the implemen-
    25  tation  of this act on its effective date are authorized and directed to
    26  be made and completed on or before such effective date.