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S02571 Summary:

BILL NOS02571
 
SAME ASSAME AS A04053
 
SPONSORBAILEY
 
COSPNSRBENJAMIN, BIAGGI, COMRIE, HOYLMAN, JACKSON, LIU, MONTGOMERY, MYRIE, PARKER, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO
 
MLTSPNSR
 
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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S02571 Text:



 
                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.
                                                                   LBD05614-01-9

        S. 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.
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