What's happening
This bill allows state police officers more flexibility to recommend modifications to petty vehicle and traffic law charges in court.
Why it matters
Gives state police officers more autonomy. by preventing their own agency from restricting their ability to suggest changes to minor traffic charges in court, which could lead to fairer or more individualized outcomes based on circumstances.
Allows officers to formally participate in court proceedings. with local district attorney approval—by recommending charge modifications directly to the judge, potentially streamlining cases and providing the issuing officer’s perspective.
Maintains existing legal safeguards. by explicitly stating that this new flexibility does not override other plea bargain restrictions, especially in more serious cases like DWI offenses, so broader public safety protections remain intact.
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Who cares
Headline styles
Let Troopers Recommend Charge Changes
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2097
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. LENTOL -- Multi-Sponsored by -- M. of A. HAWLEY -- read once and referred to the Committee on Codes
AN ACT to amend the executive law, in relation to prohibiting certain plea bargain limitations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The executive law is amended by adding a new section 233 to read as follows:
§ 233. Prosecution of certain violations of the vehicle and traffic law. 1. The division of state police shall make no rule or regulation nor shall otherwise limit a member of the state police's ability to modify or recommend the modification of a charge before a court relating to a petty violation of the vehicle and traffic law. In addition, a member who has issued a citation or uniform traffic ticket (hereafter referred to as the "issuing member") to a person for committing a petty violation of the vehicle and traffic law shall be authorized to appear before the court if authorized by the local district attorney where such violation is returnable on behalf of the people of the state of New York, at a date designated by the court, and recommend to the court the modification of the original charge or charges.
2. This section is not intended to affect any plea bargain limitations otherwise provided for in this chapter or other law of this state, including, but not limited to, those limitations set forth for the alleged commission of a violation of article thirty-one of the vehicle and traffic law.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03397-01-7
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.