New York Assembly Bill A05655 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 5655 2023-2024 Regular Sessions  IN ASSEMBLY March 20, 2023 ___________ Introduced by M. of A. LEVENBERG -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to authorizing a plea of guilty and payment of fines or penalties electronically via the internet The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1805 of the vehicle and traffic law, as amended by 2 chapter 182 of the laws of 2004, is amended to read as follows: 3 § 1805. Plea of guilty, how put in. The provisions of section 170.10 4 of the criminal procedure law and the provisions of section eighteen 5 hundred seven of this article may be waived, to the extent hereinafter 6 indicated, by a defendant charged with a violation of any provision of 7 the tax law or the transportation law regulating traffic, or a traffic 8 infraction, as defined in this chapter, other than a third or subsequent 9 speeding violation committed within a period of eighteen months, 10 provided that he or she shall submit to the local criminal court having 11 jurisdiction, in person, by duly authorized agent, by first class mail 12 or by registered or certified mail, return receipt requested, or elec- 13 tronically via the internet, which method shall include instructions 14 relating to the use of an electronic signature, an application setting 15 forth (a) the nature of the charge, (b) the information or instructions 16 required by section eighteen hundred seven of this article to be given 17 defendant upon arraignment, (c) that defendant waives arraignment in 18 open court and the aid of counsel, (d) that he or she pleads guilty to 19 the offense as charged, (e) that defendant elects and requests that the 20 charge be disposed of and the fine or penalty fixed by the court, pursu- 21 ant to this section, (f) any statement or explanation that the defendant 22 may desire to make concerning the offense charged and (g) that defendant 23 makes all statements with respect to such application under penalty of 24 perjury. This application shall be in such form as the commissioner EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07641-01-3 
 A. 5655 2 1 shall prescribe and a copy thereof shall be handed to the defendant by 2 the officer charging him or her with such offense. Thereupon the local 3 criminal court may proceed as though the defendant had been convicted 4 upon a plea of guilty in open court, provided, however, that any imposi- 5 tion of fine or penalty hereunder shall be deemed tentative until such 6 fine or penalty shall have been paid and discharged in full, prior to 7 which time such court, in its discretion, may annul any proceedings 8 hereunder, including such tentative imposition of fine or penalty, and 9 deny the application, in which event the charge shall be disposed of 10 pursuant to the applicable provisions of law, as though no proceedings 11 had been had under this section. Such fine or penalty may be paid elec- 12 tronically via the internet in a manner and condition prescribed by the 13 court. If upon receipt of the aforesaid application such court shall 14 deny the same, it shall thereupon inform the defendant of this fact, and 15 that he or she is required to appear before the said court at a stated 16 time and place to answer the charge which shall thereafter be disposed 17 of pursuant to the applicable provisions of law. 18 § 2. This act shall take effect on the one hundred twentieth day after 19 it shall have become a law.