Relates to the issuance of a warrant for a person charged with a traffic misdemeanor

1 Co-sponsor

• Michael Benjamin

BILL NUMBER:A10737

Title of bill

An act to amend the criminal procedure law, in relation to issuance of an arrest warrant for a person charged with a traffic misdemeanor

This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Local Courts Advisory Committee.

This measure would amend section 120.20 of the Criminal Procedure Law to authorize issuance of an arrest warrant upon a simplified traffic infor- mation which charges a misdemeanor.

The simplified traffic information was designed to facilitate the expe- ditious processing of a massive number of vehicle and traffic offenses, and can be used to charge petty offenses as well as misdemeanors. Pries- er, Practice Commentary, McKinney's Cons Laws of NY, Book 11A, CPL 100.25, at 366. Where the offense charged is a misdemeanor, such as driving while intoxicated, which is a violation of section 1194 of the Vehicle and Traffic Law, and the motorist fails to appear in court on the designated court date, the court may wish to issue an arrest warrant to compel the motorist to appear and answer. Due to advances in technol- ogy, it is becoming increasingly common for police officers when issuing traffic tickets to issue to a motorist both the simplified traffic information and the supporting deposition, and then file both instru- ments on the court date designated on the simplified traffic informa- tion, Taken together, both the simplified traffic information and the supporting deposition will furnish sufficient allegations to establish reasonable cause for the charges that are the subject of the simplified information and thereby for issuing the arrest warrant. See CPL 140,40: People v. Boback, 23 N.Y.2d 189, 195 (1969)(stating that while a simplified traffic information alone will not support the issuance of an arrest warrant, a court may issue an arrest warrant upon an affidavit which proffers facts establishing reasonable cause that the respondent committed the charged offense).

The problem is that while section 120.20(1) provides that the court may issue a warrant for a defendant's arrest if a criminal action has been commenced with the filing of an accusatory instrument that is sufficient on its face, it expressly excludes a simplified traffic information from serving as the basis for an arrest warrant.

This measure would amend section 120.20(1) by restricting the prohibi- tion against issuance of an arrest warrant to those simplified traffic information's alleging only a traffic information, and thereby provide authorization for issuance of an arrest warrant for the charge of a more serious offense.

By amending section 120.20(1) to authorize issuance of an arrest warrant upon a simplified traffic information alleging a traffic misdemeanor, the measure provides local criminal courts with a means for effectively

addressing criminal conduct that impacts road safety. This measure, which would have no fiscal impact upon the State, would take effect on the first day of January after becoming a law.

2008 Legislative History: None. New measure.