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S1121Senate2019-2020 Session

Charge for Electronic Citations

Official title

“Relates to electronic citation fees”

Sponsor Andrew J. LanzaSD-24Affects Legal
Status
In Senate Committee
Judiciary
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill allows New York county clerks to collect a $5 electronic citation fee on certain violations, with funds supporting electronic citation systems.

Why it matters

  1. Promotes modernization of law enforcement and court systems. by incentivizing the adoption of electronic citation technology, which can make processing violations more efficient and accurate.

  2. Directs funding specifically to technology support. 60% of collected fees go into a dedicated county "electronic citation fund," ensuring these funds are used for setup and maintenance rather than general budgets.

  3. Gives local law enforcement agencies a stake in technology upgrades. by allocating 40% of the fee to arresting agencies, helping them offset costs of transitioning from paper-based to electronic systems.

  4. Provides local control and flexibility. by allowing counties to opt out via ordinance, balancing technology adoption with local autonomy and budget priorities.

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Who cares

Headline styles

Charge for Electronic Citations

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

Sponsors

Primary sponsor
Andrew J. Lanza

Senator · Senate District 24

No co-sponsors yet.

History

  1. Referred to judiciary
  2. Referred to judiciary

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1121

2019-2020 Regular Sessions

IN SENATE

January 11, 2019

Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to electronic citation fees

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

Section 1. The civil practice law and rules is amended by adding a new section 8023 to read as follows:

§ 8023. Electronic citation fees. (a) As used in this section, "electronic citation" means the process of transmitting traffic, misdemeanor, municipal ordinance, conservation, or other citations and law enforcement data via electronic means to a county clerk.

(b) The clerks of the county in the state shall be entitled to collect an electronic citation fee of five dollars. Such fee shall be paid by the defendant in any traffic, misdemeanor, municipal ordinance, or conservation citation issued upon a plea of guilty, judgment of guilty or grant of supervision. This fee shall be in addition to all other fees and charges and assessable as costs and shall not be subject to disbursement. Sixty percent of the fee shall be deposited into the "electronic citation fund" established by each county. Forty percent of the fee shall be disbursed to the arresting agency to defray expenses related to the establishment and maintenance of electronic citations. Each county clerk shall be the custodian, ex officio, of the electronic citation fund and shall use the fund to perform the duties required by the office for establishing and maintaining electronic citations. The county clerk shall not charge and collect an electronic citation fee if the county has by ordinance elected not to be subject to this section.

§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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

[ ] is old law to be omitted.

LBD06648-01-9

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

Sponsor's memo

Title of bill

An act to amend the civil practice law and rules, in relation to elec- tronic citation fees

Purpose or general idea of bill

To insure law enforcement safety and court efficiency by creating elec- tronic citations, which will be printed instead of hand-written.

Summary of specific provisions

Section 1: Amends the Civil Practice Law and Rules. Provides that the clerks of the county in the state shall be entitled to charge and collect an electronic citation fee of $5, which shall be paid by the defendant in any traffic, misdemeanor, municipal ordinance, or conserva- tion case upon a plea of guilty, judgment of guilty, or grant of super- vision. Provides that 60% of the fee shall be deposited into the "Elec- tronic Citation Fund," established by each county, and 40% of the fee shall be disbursed to the arresting agency to defray expenses related to the establishment and maintenance of electronic citations. Contains provisions that establish the county clerk as the custodian of the Elec- tronic Citation Fund, and accounts for the duties that are required by the office for establishing and maintaining electronic citations. Provides that the county clerk shall not charge and collect an electron- ic citation fee if the county has by ordinance elected not to be subject to this section.

Section 2: Establishes the effective date.

Justification

Nationally, the leading cause of death for police officers over the past decades has been being struck by a vehicle during a traffic stop, according to the National Law Enforcement Officers Memorial Fund. The purpose of administering electronic citations is to increase law enforcement safety in the state. Instead of being hand-written, elec- tronic citations will be printed. Electronic citations will enable police officers to issue citations in a quicker manner, spend less time alongside the road and in harm's way, and concentrate more fully on the stop. In addition to increasing officer safety, electronic citations will also aid courts by reducing data entry and processing costs. With electronic citations. courts will have greater efficiency because they will be sent electronically by the issuing officer directly to the court clerk. Furthermore, electronic citations will relieve the issues with illegible hand-written citations, also making future citations free of handwriting errors, as well as easily reproducible unlike difficult to read carbon copies of documents.

Prior legislative history

2018: S.6150 - Referred to Judiciary/A.7415 - Referred to Judiciary 2017: S.6150 - Referred to Judiciary/A.7415 - Referred to Judiciary 2016: S.5724 - Referred to Judiciary/A.3165 - Referred to Judiciary 2015: S.5724 - Referred to Judiciary/A.3165 - Referred to Judiciary

Fiscal implications

None.

Effective date

This act shall take effect 180 days after it shall have become law.

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