|SAME AS||SAME AS A04053|
|COSPNSR||BENJAMIN, HOYLMAN, JACKSON, MONTGOMERY, PARKER, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA|
|Add §140.60, CP L|
|Requires police officers and peace officers to issue appearance tickets to individuals charged with certain offenses instead of arresting such individuals.|
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STATE OF NEW YORK ________________________________________________________________________ 2571 2019-2020 Regular Sessions IN SENATE January 28, 2019 ___________ Introduced by Sens. BAILEY, BENJAMIN, HOYLMAN, MONTGOMERY, PARKER, SANDERS, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to requiring police officers and peace officers to issue appearance tickets to individuals charged with certain offenses instead of arresting such individuals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The criminal procedure law is amended by adding a new 2 section 140.60 to read as follows: 3 § 140.60 Appearance tickets. 4 1. Notwithstanding the provisions of any other law to the contrary, a 5 police officer or peace officer shall not arrest a person for an offense 6 described in subdivision three of this section, unless one of the condi- 7 tions in subdivision two of this section applies. A police officer or 8 peace office may issue either an appearance ticket requiring such person 9 to appear before a local criminal court at a designated future time in 10 connection with an accusatory instrument to be filed against such person 11 therein or a notice of violation and hearing to commence a proceeding to 12 recover a civil penalty in an administrative proceeding before an admin- 13 istrative tribunal having jurisdiction over such proceeding in lieu of 14 making an arrest. 15 2. A police officer, acting pursuant to section 140.10 of this arti- 16 cle, or a peace officer, acting pursuant to section 140.25 of this arti- 17 cle, may arrest a person for an offense described in subdivision three 18 of this section only if: 19 (a) the officer is unable to ascertain the person's identity. An offi- 20 cer may rely on various factors relevant to establishing identity in 21 ascertaining a person's identity, including but not limited to personal 22 knowledge of such person, such person's self-identification, and photo- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05614-01-9S. 2571 2 1 graphic identification. There is no requirement that a person present 2 photographic identification in order to be issued an appearance ticket 3 in lieu of arrest; however, if offered by such person, an officer shall 4 accept as evidence of identity forms of identification including but not 5 limited to a valid driver's license or non-driver identification card 6 issued by the commissioner of motor vehicles, the federal government,any 7 United States territory, commonwealth or possession, the District of 8 Columbia, a state government or municipal government within the United 9 States or a provincial government of the dominion of Canada; a valid 10 passport issued by the United States government or any other country; 11 and identification card issued by the armed forces of the United States; 12 and an electronic benefit transfer card; 13 (b) the officer has reasonable cause to believe that the person has 14 committed a crime in addition to an offense described in subdivision 15 three of this section; or 16 (c) the person presents an immediate threat of bodily injury to that 17 person or another. 18 3. This section shall apply to the enforcement of the following 19 offenses: 20 (a) A petty offense, as defined in subdivision thirty-nine of section 21 1.20 of this chapter; 22 (b) An offense contained in title 21 of chapter XXI of subchapter D of 23 the state codes, rules and regulations; 24 (c) An offense contained in chapter 1 of title 56 of the New York City 25 rules and regulations; and 26 (d) A violation of section 153.09 of the New York City health code. 27 § 2. This act shall take effect on the thirtieth day after it shall 28 have become a law.