Bill Text: NY S06246 | 2019-2020 | General Assembly | Introduced

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 1-0)

Status: (Introduced) 2019-05-29 - REFERRED TO TRANSPORTATION [S06246 Detail]

Download: New_York-2019-S06246-Introduced.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 29, 2019

        Introduced by Sen. GOUNARDES -- 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 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.