Bill Text: NY A00924 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 924 (Prior Session Legislation)

Introduced

Bill Title: Establishes the division of state police shall make no rule or regulation prohibiting members of the state police from modifying or recommending the modification of a charge before a court in certain cases related to violations of the vehicle and traffic law.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A00924 Detail]

Download: New_York-2015-A00924-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          924
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 8, 2015
                                      ___________
       Introduced  by  M. of A. LENTOL, HAWLEY -- read once and referred to the
         Committee on Codes
       AN ACT to amend the executive law, in relation  to  prohibiting  certain
         plea bargain limitations
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The executive law is amended by adding a new section 231 to
    2  read as follows:
    3    S 231. PROSECUTION OF CERTAIN VIOLATIONS OF THE  VEHICLE  AND  TRAFFIC
    4  LAW.  1.  THE  DIVISION OF STATE POLICE SHALL MAKE NO RULE OR REGULATION
    5  NOR SHALL OTHERWISE LIMIT A MEMBER OF  THE  STATE  POLICE'S  ABILITY  TO
    6  MODIFY OR RECOMMEND THE MODIFICATION OF A CHARGE BEFORE A COURT RELATING
    7  TO  A  PETTY  VIOLATION  OF  THE VEHICLE AND TRAFFIC LAW. IN ADDITION, A
    8  MEMBER WHO HAS ISSUED A CITATION OR UNIFORM  TRAFFIC  TICKET  (HEREAFTER
    9  REFERRED  TO AS THE "ISSUING MEMBER") TO A PERSON FOR COMMITTING A PETTY
   10  VIOLATION OF THE VEHICLE AND TRAFFIC LAW SHALL BE AUTHORIZED  TO  APPEAR
   11  BEFORE THE COURT IF AUTHORIZED BY THE LOCAL DISTRICT ATTORNEY WHERE SUCH
   12  VIOLATION  IS  RETURNABLE  ON  BEHALF  OF THE PEOPLE OF THE STATE OF NEW
   13  YORK, AT A DATE DESIGNATED BY THE COURT, AND RECOMMEND TO THE COURT  THE
   14  MODIFICATION OF THE ORIGINAL CHARGE OR CHARGES.
   15    2. THIS SECTION IS NOT INTENDED TO AFFECT ANY PLEA BARGAIN LIMITATIONS
   16  OTHERWISE  PROVIDED  FOR  IN  THIS  CHAPTER  OR OTHER LAW OF THIS STATE,
   17  INCLUDING, BUT NOT LIMITED TO,  THOSE  LIMITATIONS  SET  FORTH  FOR  THE
   18  ALLEGED  COMMISSION  OF A VIOLATION OF ARTICLE THIRTY-ONE OF THE VEHICLE
   19  AND TRAFFIC LAW.
   20    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01559-01-5