What's happening
This bill requires police to issue appearance tickets instead of making arrests for certain minor offenses, with specific exceptions.
Why it matters
Shifts from arrest to appearance tickets for minor offenses. This bill compels police to issue appearance tickets instead of making arrests for low-level offenses, significantly reducing the likelihood of individuals entering the criminal justice system for minor infractions.
Limits on exceptions to arrest. Arrests are only allowed if the officer cannot confirm the individual's identity, if the person is suspected of an additional crime, or if there is an immediate threat of bodily harm. This tightens the circumstances under which someone can be taken into custody for minor offenses.
Broadens acceptable identification. The bill clarifies that officers can use a wide range of identification methods—not just photo ID—to verify identity, lowering barriers for vulnerable populations (e.g., homeless individuals or undocumented immigrants) to avoid unnecessary arrest.
Targets specific low-level violations. The legislation covers all “petty offenses,” certain state and NYC administrative code violations, and specific health code breaches, meaning its impact will be felt across a broad spectrum of everyday, non-violent infractions.
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Who cares
Headline styles
Ticket Instead of Arrest
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Issue Tickets, Not Arrests
In Senate Committee · Codes · Sponsor Jamaal Bailey
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3201
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. AUBRY, SEPULVEDA, HYNDMAN, RICHARDSON -- read once and referred 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 Assembly, do enact as follows:
Section 1. The criminal procedure law is amended by adding a new section 140.60 to read as follows: § 140.60 Appearance tickets.
1. Notwithstanding the provisions of any other law to the contrary, a police officer or peace officer shall not arrest a person for an offense described in subdivision three of this section, unless one of the conditions in subdivision two of this section applies. A police officer or peace office may issue either an appearance ticket requiring such person to appear before a local criminal court at a designated future time in connection with an accusatory instrument to be filed against such person therein or a notice of violation and hearing to commence a proceeding to recover a civil penalty in an administrative proceeding before an administrative tribunal having jurisdiction over such proceeding in lieu of making an arrest.
2. A police officer, acting pursuant to section 140.10 of this article, or a peace officer, acting pursuant to section 140.25 of this article, may arrest a person for an offense described in subdivision three of this section only if:
(a) the officer is unable to ascertain the person's identity. An officer may rely on various factors relevant to establishing identity in ascertaining a person's identity, including but not limited to personal knowledge of such person, such person's self-identification, and photographic identification. There is no requirement that a person present
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08338-01-7
A. 3201 2
photographic identification in order to be issued an appearance ticket in lieu of arrest; however, if offered by such person, an officer shall accept as evidence of identity forms of identification including but not limited to a valid driver's license or non-driver identification card issued by the commissioner of motor vehicles, the federal government,any United States territory, commonwealth or possession, the District of Columbia, a state government or municipal government within the United States or a provincial government of the dominion of Canada; a valid passport issued by the United States government or any other country; and identification card issued by the armed forces of the United States; and an electronic benefit transfer card;
(b) the officer has reasonable cause to believe that the person has committed a crime in addition to an offense described in subdivision three of this section; or
(c) the person presents an immediate threat of bodily injury to that person or another.
3. This section shall apply to the enforcement of the following offenses:
(a) A petty offense, as defined in subdivision thirty-nine of section 1.20 of this chapter;
(b) An offense contained in title 21 of chapter XXI of subchapter D of the state codes, rules and regulations;
(c) An offense contained in chapter 1 of title 56 of the New York City rules and regulations; and
(d) A violation of section 153.09 of the New York City health code.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
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.