Bill Text: NY S04809 | 2021-2022 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2022-05-17 - referred to transportation [S04809 Detail]

Download: New_York-2021-S04809-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4809

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 12, 2021
                                       ___________

        Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
          and when printed to be committed 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-
    21  ant to this section, (f) any statement or explanation that the defendant
    22  may desire to make concerning the offense charged and (g) that defendant
    23  makes all statements with respect to such application under  penalty  of
    24  perjury.  This  application  shall  be  in such form as the commissioner

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08271-01-1
        S. 4809                             2

     1  shall prescribe and a copy thereof shall be handed to the  defendant  by
     2  the  officer  charging him or her with such offense. Thereupon the local
     3  criminal court may proceed as though the defendant  had  been  convicted
     4  upon a plea of guilty in open court, provided, however, that any imposi-
     5  tion  of  fine or penalty hereunder shall be deemed tentative until such
     6  fine or penalty shall have been paid and discharged in  full,  prior  to
     7  which  time  such  court,  in  its discretion, may annul any proceedings
     8  hereunder, including such tentative imposition of fine or  penalty,  and
     9  deny  the  application,  in  which event the charge shall be disposed of
    10  pursuant to the applicable provisions of law, as though  no  proceedings
    11  had been had under this section.  Such fine or penalty may be paid elec-
    12  tronically  via the internet in a manner and condition prescribed by the
    13  court. If upon receipt of the aforesaid  application  such  court  shall
    14  deny the same, it shall thereupon inform the defendant of this fact, and
    15  that  he  or she is required to appear before the said court at a stated
    16  time and place to answer the charge which shall thereafter  be  disposed
    17  of pursuant to the applicable provisions of law.
    18    § 2. This act shall take effect on the one hundred twentieth day after
    19  it shall have become a law.