Authorizes the electronic filing of local criminal court accusatory instruments and imposes a $5 fee upon defendants convicted thereon; repealer

BILL NUMBER:S4209

Title of bill

An act to amend the criminal procedure law, in relation to authorizing the electronic filing of certain accusatory instruments in local criminal courts; and to repeal subdivision 5 of section 1.20 of such law relating to simplified traffic information

Purpose

To authorize the electronic filing of local criminal court accusatory instruments and impose a five dollar fee upon defendants convicted thereon.

Summary of provisions

Section 1. Subdivision 5 of section 1.20 of the criminal procedure law, as separately amended by chapters 315, 383, 661 and 729 of the laws of 1972, is repealed.

Section 2. Subdivision 17 of section 1.20 of the criminal procedure law is amended to provide that a local criminal court accusatory instrument or any accusation of a violation of a local law, code or ordinance may be filed with a local criminal court by electronic means.

Section 3. Section 100.05 of the criminal procedure law, subdivision 2 as amended by chapter 661 of the laws of 1972, is amended to include the filing of a local criminal court accusatory instrument by electronic means and shall not affect the validity of the criminal action commenced thereby.

Section 4. The criminal procedure law is amended by adding a new section 100.60 which allows a local criminal court to impose and collect a fee of five dollars, which shall be in addition to any other fines and fees imposed for such conviction. Sixty percent of the revenue from the fee imposed shall be disbursed to the local criminal court for its expenses of establishing and operating an electronic filing system, and the remaining forty percent shall be disbursed to the law enforcement agency commencing the action.

Section 5 is the effective date stating this act shall take effect on the first of January next succeeding the date on which it shall have become a law, with other provisions.

Justification

Electronic filing aids local courts by reducing data entry and other processing costs. Electronic filing also reduces the risk of error due to weather or illegible handwriting. Allowing electronic filing by local courts will increase efficiency and assure public issued citations are legible, free of handwritten errors and unaffected by weather. This bill also increases officer safety as the time needed to issue a citation will dramatically decrease due to the electronic filing and keep officers from standing along the roadside. The increased officer safety is incredibly important and inevitably saves lives.

Legislative history

New legislation.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law; provided that, effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.