Bill Text: NY A00795 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that it shall be a defense to a charge of a traffic infraction for running a red light that the police manipulated such device with the purpose of assessing a ticket against an individual.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2012-05-03 - advanced to third reading cal.501 [A00795 Detail]

Download: New_York-2011-A00795-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          795
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by M. of A. DINOWITZ -- Multi-Sponsored by -- M. of A. COOK,
         HOOPER, McDONOUGH, ORTIZ, SCARBOROUGH -- read once and referred to the
         Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to manipulation
         of traffic control signals
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Subdivision (a) of section 1110 of the vehicle and traffic
    2  law,  as  amended by chapter 259 of the laws of 1964, is amended to read
    3  as follows:
    4    (a) Every person shall obey the instructions of any official  traffic-
    5  control   device  applicable  to  him  placed  in  accordance  with  the
    6  provisions of this chapter, unless otherwise directed by  a  traffic  or
    7  police  officer,  subject  to  the  exceptions  granted the driver of an
    8  authorized emergency vehicle in this title.  IT SHALL BE AN  AFFIRMATIVE
    9  DEFENSE TO ANY CHARGE OF FAILING TO OBEY A TRAFFIC CONTROL SIGNAL PURSU-
   10  ANT TO SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE THAT A POLICE OFFI-
   11  CER,  PEACE  OFFICER,  OR  OTHER PERSON AUTHORIZED TO ISSUE A SUMMONS OR
   12  APPEARANCE TICKET, MANIPULATED SUCH  TRAFFIC  CONTROL  SIGNAL  WITH  THE
   13  PURPOSE OF ASSESSING A TICKET AGAINST AN INDIVIDUAL.
   14    S  2.  This  act  shall  take  effect  immediately  and shall apply to
   15  violations occurring on and after such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04334-01-1