Bill Text: NY A07031 | 2023-2024 | General Assembly | Introduced

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Bill Title: Includes a class E felony and a class A misdemeanor involving harm to an identifiable person or to identifiable property if the person has been convicted of any felony or class A misdemeanor within the previous three years or of any other misdemeanor within the previous two years in the exceptions to the authority of a police officer to arrest a person without a warrant and to the authority of a public servant other than a police officer to serve an appearance ticket.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-07-15 - enacting clause stricken [A07031 Detail]

Download: New_York-2023-A07031-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7031

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 10, 2023
                                       ___________

        Introduced  by M. of A. ZEBROWSKI, WILLIAMS, PAULIN, LAVINE -- read once
          and referred to the Committee on Codes

        AN ACT to amend the criminal procedure law, in relation to  including  a
          class  E  felony  and a class A misdemeanor involving harm to an iden-
          tifiable person or to identifiable property if  the  person  has  been
          convicted  of  any  felony  or class A misdemeanor within the previous
          three years or any other misdemeanor within the previous two years  in
          the exceptions to the authority of a police officer to arrest a person
          without  a warrant and to the authority of a public servant other than
          a police officer to serve an appearance ticket

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Paragraph (a) of subdivision 1 and subdivisions 2 and 3 of
     2  section 150.20 of the criminal procedure law, paragraph (a) of  subdivi-
     3  sion  1  as amended by section 1-a of part JJJ of chapter 59 of the laws
     4  of 2019 and subdivisions 2 and 3 as amended by chapter 550 of  the  laws
     5  of 1987, are amended to read as follows:
     6    (a) Whenever a police officer is authorized pursuant to section 140.10
     7  of  this title to arrest a person without a warrant for an offense other
     8  than a class A, B, C [or], D or E  felony,  or  a  class  A  misdemeanor
     9  involving  harm to an identifiable person or to identifiable property if
    10  the person has been convicted of any felony or class A misdemeanor with-
    11  in the previous three years or any other misdemeanor within the previous
    12  two years, or a violation of section  130.25,  130.40,  205.10,  205.17,
    13  205.19  or 215.56 of the penal law, he shall, except as set out in para-
    14  graph (b) of this subdivision, subject to the provisions of subdivisions
    15  three and four of section 150.40 of this [title] article, instead  issue
    16  to and serve upon such person an appearance ticket.
    17    2.  (a)  Whenever  a  police  officer  has arrested a person without a
    18  warrant for an offense other than a class A, B, C [or], D or  E  felony,
    19  or  a class A misdemeanor involving harm to an identifiable person or to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10627-01-3
        A. 7031                             2

     1  identifiable property if the person has been convicted of any felony  or
     2  class  A misdemeanor within the previous three years or any other misde-
     3  meanor within the previous two years, or a violation of section  130.25,
     4  130.40,  205.10,  205.17,  205.19 or 215.56 of the penal law pursuant to
     5  section 140.10 of this title, or (b) whenever a peace  officer,  who  is
     6  not  authorized  by  law  to  issue an appearance ticket, has arrested a
     7  person for an offense other than a class A, B, C [or], D or E felony, or
     8  a class A misdemeanor involving harm to an  identifiable  person  or  to
     9  identifiable  property if the person has been convicted of any felony or
    10  class A misdemeanor within the previous three years or any other  misde-
    11  meanor  within the previous two years, or a violation of section 130.25,
    12  130.40, 205.10, 205.17, 205.19 or 215.56 of the penal  law  pursuant  to
    13  section  140.25  of  this  title,  and has requested a police officer to
    14  issue and serve upon such arrested person an appearance ticket  pursuant
    15  to subdivision four of section 140.27, or (c) whenever a person has been
    16  arrested for an offense other than a class A, B, C [or], D or E felony ,
    17  or  a class A misdemeanor involving harm to an identifiable person or to
    18  identifiable property if the person has been convicted of any felony  or
    19  class  A misdemeanor within the previous three years or any other misde-
    20  meanor within the previous two years, or a violation of section  130.25,
    21  130.40,  205.10,  205.17, 205.19 or 215.56 of the penal law and has been
    22  delivered to the custody of an appropriate police  officer  pursuant  to
    23  section 140.40 of this title, such police officer may, instead of bring-
    24  ing  such  person  before  a local criminal court and promptly filing or
    25  causing the arresting peace officer or arresting person to file a  local
    26  criminal  court accusatory instrument therewith, issue to and serve upon
    27  such person an appearance  ticket.  [The  issuance  and  service  of  an
    28  appearance  ticket  under  such  circumstances may be conditioned upon a
    29  deposit of pre-arraignment bail, as provided in section 150.30.]
    30    3. A public servant other than a  police  officer,  who  is  specially
    31  authorized  by state law or local law enacted pursuant to the provisions
    32  of the municipal home rule law to issue  and  serve  appearance  tickets
    33  with  respect to designated offenses other than class A, B, C [or], D or
    34  E felonies, or a class A misdemeanor involving harm to  an  identifiable
    35  person  or  to identifiable property if the person has been convicted of
    36  any felony or class A misdemeanor within the previous three years or any
    37  other misdemeanor within  the  previous  two  years,  or  violations  of
    38  section  130.25,  130.40,  205.10, 205.17, 205.19 or 215.56 of the penal
    39  law, may in such cases issue and serve upon a person an appearance tick-
    40  et when he has reasonable cause to believe that such person has  commit-
    41  ted a crime, or has committed a petty offense in his presence.
    42    §  2.    This act shall take effect on the sixtieth day after it shall
    43  have become a law.