What's happening
This bill requires police and peace officers to issue appearance tickets instead of making arrests for certain minor offenses, with specific exceptions.
Why it matters
Reduces unnecessary arrests for minor offenses. By requiring appearance tickets instead of arrests for low-level infractions, the bill aims to keep more people out of jail for conduct that doesn't pose a public safety risk.
Limits exceptions to arrest. Officers can only make an arrest instead of issuing a ticket if they can't verify someone's identity, if there is reasonable cause to believe a more serious crime occurred, or if there is an immediate threat of bodily harm.
Broadens acceptable identification. The law clarifies that photographic ID is not strictly required to receive an appearance ticket; a wide range of identification forms—including benefit cards and foreign passports—are acceptable, reducing barriers for people who may lack standard documents.
Targets specific low-level violations. The bill applies to petty offenses and certain regulatory violations, particularly those common in New York City, directly impacting how law enforcement handles street-level encounters and minor infractions.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Tickets Instead of Arrests
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Reported and committed to rules
- 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 Assembly Committee · Codes · Sponsor Jeffrion Aubry
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2571
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
Introduced by Sens. BAILEY, BENJAMIN, HOYLMAN, MONTGOMERY, PARKER, SANDERS, SEPULVEDA -- read twice and ordered printed, and when printed to be committed 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 photo-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05614-01-9
S. 2571 2
graphic identification. There is no requirement that a person present 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.
Sponsor's memo
Title of bill
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
Purpose or general idea
The purpose of this legislation is to limit arrests for minor non-crimi- nal offenses by requiring police officers and peace officers to issue appearance tickets rather than arresting individuals.
Summary of specific provisions
Section 1. Article 140 of the Criminal Procedure Law, as added by Chap- ter 996 of the Laws of 1970 is amended by adding a new section which provides that
Read the full memo (652 words)
1. A police officer or peace officer shall not arrest a person for an offense described in paragraph 3, unless one of the conditions in para- graph 2 applies. Instead of making an arrest, a police officer or peace officer may issue either an appearance ticket requiring such person to appear before a local criminal court.
2. An officer shall make an arrest under the provision set forth in this subsection: if the officer is unable to ascertain the person's identity, the officer has reasonable cause to believe that the person has commit- ted a crime in addition to an offense described in subdivision three of this section, or the person presents an immediate threat of bodily inju- ry to that person or another.
3. This section shall apply to the enforcement of the offenses listed therein.
Section 2. provides that this act shall take effect on the thirtieth day after it shall have become law.
Justification
Since 1994, the New York Police Department has prioritized the enforce- ment of low-level offenses, particularly in low-income communities of color. While many of these offenses are minor and are not legally considered crimes, they can still constitute grounds for arrest at the discretion of individual police officers. Other offenses, such as sitting on the steps of a subway platform or being in a public park after hours, are charged as misdemeanors even though they would be considered violations in any other setting.
"Broken Windows" policing - the idea that cracking down on small signs of 'disorder' can prevent more serious offenses, means that New Yorkers are needlessly brought into the criminal justice system for everyday activities like sitting on a park bench after hours, placing their groceries on the seat in an empty subway car, or entering the apartment building of a family member or friend.
Many people arrested for violations and other minor offenses in New York City and across the state face severe and long- term consequences. In addition to the jail time, New Yorkers have: faced challenges continuing their education because of missed class, financial aid implications and other reasons; missed thousands of dollars in lost wages; had their supervised release from prison revoked, lost their place in a shelter; been fired from their jobs; become ineligible for public housing; and had their possessions lost or damaged by police.
In addition to being arrested, this aggressive enforcement also means that hundreds of thousands of summonses are issued each year for small offenses. This enforcement is also disparate depending on the communi- ties across the state. These trivial activities have been essentially decriminalized and go unenforced in some neighborhoods, while other New Yorkers are criminalized and face severe consequences for the same behavior, because police officers and peace officers have the discretion to decide when to charge someone with a misdemeanor or an appearance ticket.
To address unnecessary arrests for minor, non-criminal violations, and to make it uniform across the state, this bill requires police officers and peace officers to issue appearance tickets to individuals charged with certain offenses instead of charging such individuals with misde- meanors.
Prior legislative history
2017-18: S.6360/A.3201(Aubrey)- Referred to Codes
Fiscal implications
None.
Effective date
This act shall take effect on the thirtieth day 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.