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A1864Assembly2017-2018 Session

Allow E-Filing in Local Courts

Official title

“Permits the electronic filing of papers in local criminal courts in certain instances”

Sponsor J. Gary PretlowAD-89Affects Legal
Status
In Assembly Committee
Codes
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill allows for the electronic filing of certain criminal court documents, including simplified traffic information, where authorized by law.

Why it matters

  1. Redefines "simplified traffic information". to explicitly include electronic documents, making it easier for law enforcement and courts to adapt to digital record-keeping and potentially speeding up administrative processes.

  2. Clarifies that criminal actions can be commenced by electronic filing. (where permitted by law), which could reduce paperwork, streamline initial court procedures, and improve accessibility for filing legal documents.

  3. Limits electronic filing to situations “where authorized by law,”. meaning this change doesn’t automatically allow e-filing everywhere, but sets the groundwork for localities or courts to adopt digital systems if/when they are ready.

  4. May improve efficiency and reduce errors. compared to paper-based systems, but also raises considerations about digital access, infrastructure, and data security for both law enforcement and the public.

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Who cares

Headline styles

Allow E-Filing in Local Courts

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
J. Gary Pretlow

Assembly Member · Assembly District 89

Chair, Ways and Means

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1864

2017-2018 Regular Sessions

IN ASSEMBLY

January 13, 2017

Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to permitting the electronic filing of papers in local criminal courts, where authorized by law

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

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

[5. "Simplified traffic information" means a written accusation, more fully defined and described in article one hundred, by a police officer or other public servant authorized by law to issue same, filed with a local criminal court, which, being in a brief or simplified form prescribed by the commissioner of motor vehicles, charges a person with one or more traffic infractions or misdemeanors relating to traffic, and which may serve both to commence a criminal action for such offense and as a basis for prosecution thereof.]

§ 2. Paragraph (b) of subdivision 5 of section 1.20 of the criminal procedure law, as amended by chapter 661 of the laws of 1972, is amended to read as follows:

(b) "Simplified traffic information" means a written accusation, including an accusation written in electronic form where authorized by law, by a police officer, or other public servant authorized by law to issue same, more fully defined and described in article one hundred, filed with a local criminal court, which, being in a brief or simplified form prescribed by the commissioner of motor vehicles, charges a person with one or more traffic infractions or misdemeanors relating to traffic, and which may serve both to commence a criminal action for such offense and as a basis for prosecution thereof.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04471-01-7

A. 1864 2

§ 3. Subdivision 17 of section 1.20 of the criminal procedure law is amended to read as follows:

17. "Commencement of criminal action." A criminal action is commenced by the filing, including filing by electronic means where authorized by law, of an accusatory instrument against a defendant in a criminal court, and, if more than one accusatory instrument is filed in the course of the action, it commences when the first of such instruments is filed.

§ 4. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.