What's happening
This bill expands the definition of "accusatory instrument" to include certain parking infraction appearance tickets and eliminates the need for separate accusatory instruments for such tickets.
Why it matters
Streamlines the legal process for parking infractions. by allowing a properly detailed parking ticket to serve as the formal accusatory document, potentially reducing paperwork and administrative delays for both the courts and law enforcement.
Increases clarity and legal sufficiency of parking tickets. by setting specific requirements for what information must be included (such as plate number, make/model, and infraction details), which helps ensure defendants receive adequate notice and can prepare a defense.
May improve enforcement and adjudication efficiency. by removing the need for police or public servants to prepare and file an additional accusatory instrument for qualifying parking tickets, freeing up resources for other tasks.
Enhances accountability. by requiring officers to verify the truthfulness of the information under penalty of a class A misdemeanor, potentially reducing errors or false statements on parking tickets.
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Who cares
Headline styles
Parking Tickets as Legal Charges
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
No co-sponsors yet.
History
- Substituted by A2333
- Advanced to third reading
- 2nd report cal.
- 1st report cal.982
- 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.
Clarify Ticket Definition Rules
Signed by Governor · Sponsor Steven Otis
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5078
2019-2020 Regular Sessions
IN SENATE
April 8, 2019
Introduced by Sen. KAPLAN -- 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 the definition of an accusatory instrument
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 1.20 of the criminal procedure law, as amended by chapter 209 of the laws of 1990, is amended to read as follows:
1. "Accusatory instrument" means: (a) an indictment, an indictment ordered reduced pursuant to subdivision one-a of section 210.20 of this chapter, an information, a simplified information, a prosecutor's information, a superior court information, a misdemeanor complaint or a felony complaint. Every accusatory instrument, regardless of the person designated therein as accuser, constitutes an accusation on behalf of the state as plaintiff and must be entitled "the people of the state of New York" against a designated person, known as the defendant[.]; and
(b) an appearance ticket issued for a parking infraction when (i) such ticket is based on personal knowledge or information and belief of the police officer or other public servant who issues the ticket, (ii) the police officer or other public servant who issues such ticket verifies that false statements made therein are punishable as a class A misdemeanor, (iii) the infraction or infractions contained therein are stated in detail and not in conclusory terms so as to provide the defendant with sufficient notice including, but not limited, to the applicable provision of law allegedly violated, and the date, time and particular place of the alleged infraction, and (iv) such ticket contains: (1) the license plate designation of the ticketed vehicle, (2) the license plate type of the ticketed vehicle, (3) the expiration of the ticketed vehicle's registration, (4) the make or model of the ticketed vehicle, and (5) the body type of the ticketed vehicle, provided, however, that where
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01653-01-9
S. 5078 2
the plate type or the expiration date are not shown on either the registration plates or sticker of a vehicle or where the registration sticker is covered, faded, defaced or mutilated so that it is unreadable, the plate type or the expiration date may be omitted, provided, further, however, that such condition must be so described and inserted on the instrument.
§ 2. Subdivision 1 of section 150.50 of the criminal procedure law, as amended by chapter 549 of the laws of 1987, is amended to read as follows:
1. A police officer or other public servant who has issued and served an appearance ticket must, at or before the time such appearance ticket is returnable, file or cause to be filed with the local criminal court in which it is returnable a local criminal court accusatory instrument charging the person named in such appearance ticket with the offense specified therein; provided, however, that no separate accusatory instrument shall be required to be filed for an appearance ticket issued for a parking infraction which conforms to the requirements set forth in paragraph (b) of subdivision one of section 1.20 of this chapter. Nothing herein contained shall authorize the use of a simplified information when not authorized by law.
§ 3. This act shall take effect immediately.
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 the definition of an accusatory instrument
Purpose or general idea of bill
The purpose of this bill is to give parking tickets the necessary valid- ity in law as an accusatory instrument in criminal court.
Summary of provisions
Section 1. Subdivision 1 of section 1.20 of the criminal procedure law, as amended by chapter 209 of the laws of 1990, is amended to add para- graph (b) to define an appearance ticket issued for a traffic infraction related to parking to the definition of an accusatory instrument, and to list the required elements for an appearance ticket to qualify as an accusatory instrument.
Read the full memo (612 words)
§ 2. Subdivision 1 of section 150.50 of the criminal procedure law, as amended by chapter 549 of the laws of 1987, is amended to clarify that no separate accusatory instrument shall be required to be filed for an appearance ticket issued for a traffic infraction which conforms to the requirements set forth in paragraph (b) of sub-division one of section 1.20 of the chapter.
Difference between original and amended version (if applicable)
The amendment creates paragraph (b) of Subdivision I of section 1.20 of the criminal procedure law, as amended by chapter 209 of the laws of 1990, to define an appearance ticket issued for a traffic infraction related to parking to the definition of an accusatory instrument, and to list the required elements for an appearance ticket to qualify as an accusatory instrument. The amendment also clarifies that no separate accusatory instrument shall be required to be filed for an appearance ticket issued for a traffic infraction which conforms to the require- ments set forth in paragraph (b) of subdivision one of section 1.20 of the chapter.
Justification
Recent appellate court decisions, People v. Carrillo, 55 Misc 3d 147(A), 2017 NY Slip Op 50703(U)(App Term, 2"d Dept, 9th & 10th Jud Dists 2017) and People v. Tarnoff 54 Misc 3d139(A), 2017 Slip Op 50151(U) (App Term, 2nd dept, 9th & 10th Jud Dists 2017) invalidated parking tickets for lack of jurisdiction over the defendant when the courts held that the ticket was the functional equivalent of an appearance ticket and there- fore insufficient under criminal law as an accusatory instrument. Anoth- er recent decision, People v. Mann 55 Misc 3d 134(A), 2017 Slip Op 50484(U) found that the parking ticket was sufficient as an accusatory instrument but reversed the conviction based on improper evidence at trial. As this conflict in analysis can be found in additional cases going back twenty years, there is clearly a need to clarify this issue in statute. This bill will ensure that an appearance ticket issued for a parking infraction is legally valid as an accusatory instrument and that no further accusatory instrument is required. Municipalities must also have the ability to enforce parking rules and regulations in order to ensure that there is sufficient available parking for residents and businesses. Additionally, there must be a flow of available parking for small local business to succeed. This bill will give parking tickets the necessary validity under law to enforce parking regulations without requiring additional and unnecessary court filings. Parking tickets are also a vital source of revenue for municipalities and this bill will protect their ability to collect those funds.
Prior legislative history
2017-18: A8687-A (Otis)/S9075 (LAVALLE), passed assembly/REFERRED TO CODES
Fiscal implications for state and local governments
This bill will ensure that local governments are able to enforce parking regulations which are an important source of revenue. The fiscal impact will vary by municipality.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.