S T A T E O F N E W Y O R K
________________________________________________________________________
2401--A
Cal. No. 45
2015-2016 Regular Sessions
I N S E N A T E
January 23, 2015
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- reported favora-
bly from said committee, ordered to a third reading, passed by Senate
and delivered to the Assembly, recalled, vote reconsidered, restored
to third reading, amended and ordered reprinted, retaining its place
in the order of third reading
AN ACT to amend the vehicle and traffic law, in relation to certain
penalties and forfeited security collected by the city of Buffalo and
granting a traffic violations agency certain powers; to amend the
general municipal law, in relation to establishing the Buffalo traffic
violations agency; to amend the state finance law, in relation to the
justice court fund; to amend the criminal procedure law, in relation
to a trial by judicial hearing officer; to require the executive
director of the Buffalo traffic violations agency to annually issue a
report on the progress, development and operations of such agency; and
to amend the vehicle and traffic law, in relation to traffic infrac-
tions in certain cities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 5 of section 227 of the vehicle and traffic
2 law, as amended by chapter 690 of the laws of 1996, is amended to read
3 as follows:
4 5. All penalties and forfeited security collected pursuant to the
5 provisions of this article shall be paid to the department of audit and
6 control to the credit of the justice court fund and shall be subject to
7 the applicable provisions of section eighteen hundred three of this
8 chapter. After such audit as shall reasonably be required by the comp-
9 troller, such penalties and forfeited security shall be paid quarterly
10 or, in the discretion of the comptroller, monthly, to the appropriate
11 jurisdiction in which the violation occurred in accordance with the
12 provisions of section ninety-nine-a of the state finance law, except
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08443-04-5
S. 2401--A 2
1 that the sum of four dollars for each violation occurring in such juris-
2 diction for which a complaint has been filed with the administrative
3 tribunal established pursuant to this article shall be retained by the
4 state. The amount distributed during the first three quarters to the
5 [cities] CITY of Rochester [and Buffalo] in any given fiscal year shall
6 not exceed seventy percent of the amount which will be otherwise paya-
7 ble. Provided, however, that if the full costs of administering this
8 article shall exceed the amounts received and retained by the state for
9 any period specified by the commissioner, then such additional sums as
10 shall be required to offset such costs shall be retained by the state
11 out of the penalties and forfeited security collected pursuant to this
12 article.
13 S 2. Section 370 of the general municipal law is amended by adding a
14 new subdivision 4 to read as follows:
15 4. THERE SHALL BE AN EXECUTIVE DEPARTMENT OF THE BUFFALO CITY GOVERN-
16 MENT KNOWN AS THE BUFFALO TRAFFIC VIOLATIONS AGENCY, WHICH SHALL OPERATE
17 UNDER THE DIRECTION AND CONTROL OF THE MAYOR.
18 S 3. Subdivision 2 of section 370-a of the general municipal law, as
19 amended by chapter 388 of the laws of 2012, is amended and a new subdi-
20 vision 1-a is added to read as follows:
21 1-A. "TRAFFIC VIOLATIONS AGENCY" SHALL MEAN AN EXECUTIVE DEPARTMENT OF
22 THE CITY OF BUFFALO ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION
23 THREE HUNDRED SEVENTY OF THIS ARTICLE TO ADMINISTER AND DISPOSE OF TRAF-
24 FIC INFRACTIONS AS AUTHORIZED PURSUANT TO THIS ARTICLE.
25 2. "Traffic prosecutor" shall mean an attorney duly admitted to prac-
26 tice law in the state of New York who, having been appointed and either
27 hired or retained pursuant to section three hundred seventy-four of this
28 article, has the responsibility of prosecuting any traffic and parking
29 infractions returnable before the Nassau county district court or the
30 Suffolk county district court OR ANY TRAFFIC INFRACTIONS RETURNABLE
31 BEFORE THE BUFFALO CITY COURT pursuant to the jurisdictional limitations
32 of section three hundred seventy-one of this article.
33 S 4. Section 371 of the general municipal law is amended by adding a
34 new subdivision 2-a to read as follows:
35 2-A. THE BUFFALO TRAFFIC VIOLATIONS AGENCY, AS ESTABLISHED IN SUBDIVI-
36 SION FOUR OF SECTION THREE HUNDRED SEVENTY OF THIS ARTICLE, MAY BE
37 AUTHORIZED TO ASSIST THE BUFFALO CITY COURT IN THE DISPOSITION AND
38 ADMINISTRATION OF INFRACTIONS OF TRAFFIC LAWS, ORDINANCES, RULES AND
39 REGULATIONS EXCEPT THAT SUCH AGENCY SHALL NOT HAVE JURISDICTION OVER (A)
40 THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION ONE OF SECTION ELEVEN
41 HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW; (B) THE TRAFFIC
42 INFRACTION DEFINED UNDER SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED
43 NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW; (C) THE VIOLATION DEFINED
44 UNDER PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION FOURTEEN-F OF THE
45 TRANSPORTATION LAW AND THE VIOLATION DEFINED UNDER CLAUSE (B) OF SUBPAR-
46 AGRAPH (III) OF PARAGRAPH C OF SUBDIVISION TWO OF SECTION ONE HUNDRED
47 FORTY OF THE TRANSPORTATION LAW; (D) THE TRAFFIC INFRACTION DEFINED
48 UNDER SECTION THREE HUNDRED NINETY-SEVEN-A OF THE VEHICLE AND TRAFFIC
49 LAW AND THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION (G) OF SECTION
50 ELEVEN HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW; (E) TRAFFIC
51 INFRACTIONS CONSTITUTING PARKING, STANDING, STOPPING OR PEDESTRIAN
52 OFFENSES; (F) ANY MISDEMEANOR OR FELONY; OR (G) ANY OFFENSE THAT IS PART
53 OF THE SAME CRIMINAL TRANSACTION, AS THAT TERM IS DEFINED IN SUBDIVISION
54 TWO OF SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW, AS A VIOLATION OF
55 SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND
56 TRAFFIC LAW, A VIOLATION OF SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED
S. 2401--A 3
1 NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, A VIOLATION OF PARAGRAPH (B)
2 OF SUBDIVISION FOUR OF SECTION FOURTEEN-F OF THE TRANSPORTATION LAW, A
3 VIOLATION OF CLAUSE (B) OF SUBPARAGRAPH (III) OF PARAGRAPH C OF SUBDIVI-
4 SION TWO OF SECTION ONE HUNDRED FORTY OF THE TRANSPORTATION LAW, A
5 VIOLATION OF SECTION THREE HUNDRED NINETY-SEVEN-A OF THE VEHICLE AND
6 TRAFFIC LAW, A VIOLATION CONSTITUTING A PARKING, STOPPING, STANDING OR
7 PEDESTRIAN OFFENSE, A VIOLATION OF SUBDIVISION (G) OF SECTION ELEVEN
8 HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW OR ANY MISDEMEANOR OR
9 FELONY.
10 S 5. Section 371 of the general municipal law is amended by adding a
11 new subdivision 3-a to read as follows:
12 3-A. A PERSON CHARGED WITH AN INFRACTION WHICH SHALL BE DISPOSED OF BY
13 THE BUFFALO TRAFFIC VIOLATIONS AGENCY MAY BE PERMITTED TO ANSWER, WITHIN
14 A SPECIFIED TIME, AT THE TRAFFIC VIOLATIONS AGENCY EITHER IN PERSON OR
15 BY WRITTEN POWER OF ATTORNEY IN SUCH FORM AS MAY BE PRESCRIBED IN THE
16 ORDINANCE OR LOCAL LAW CREATING THE AGENCY, BY PAYING A PRESCRIBED FINE
17 AND, IN WRITING, WAIVING A HEARING IN COURT, PLEADING GUILTY TO THE
18 CHARGE OR A LESSER CHARGE AGREEABLE TO THE TRAFFIC PROSECUTOR AND THE
19 PERSON CHARGED WITH AN INFRACTION, AND AUTHORIZING THE PERSON IN CHARGE
20 OF THE AGENCY TO ENTER SUCH A PLEA AND ACCEPT PAYMENT OF SAID FINE.
21 ACCEPTANCE OF THE PRESCRIBED FINE AND POWER OF ATTORNEY BY THE AGENCY
22 SHALL BE DEEMED COMPLETE SATISFACTION FOR THE VIOLATION, AND THE VIOLA-
23 TOR SHALL BE GIVEN A RECEIPT WHICH SO STATES. IF A PERSON CHARGED WITH A
24 TRAFFIC VIOLATION DOES NOT ANSWER AS HEREINBEFORE PRESCRIBED, WITHIN A
25 DESIGNATED TIME, THE AGENCY MAY CAUSE A COMPLAINT TO BE ENTERED AGAINST
26 HIM FORTHWITH AND A WARRANT TO BE ISSUED FOR HIS ARREST AND APPEARANCE
27 BEFORE THE COURT, SUCH SUMMONS TO BE PREDICATED UPON THE PERSONAL
28 SERVICE OF SAID SUMMONS UPON THE PERSON CHARGED WITH THE INFRACTION. ANY
29 PERSON WHO SHALL HAVE BEEN, WITHIN THE PRECEDING TWELVE MONTHS, GUILTY
30 OF THREE OR MORE VIOLATIONS, SHALL NOT BE PERMITTED TO APPEAR AND ANSWER
31 TO A SUBSEQUENT VIOLATION AT THE AGENCY, BUT MUST APPEAR IN COURT AT A
32 TIME SPECIFIED BY THE AGENCY. SUCH AGENCY SHALL NOT BE AUTHORIZED TO
33 DEPRIVE A PERSON OF HIS RIGHT TO COUNSEL OR TO PREVENT HIM FROM EXERCIS-
34 ING HIS RIGHT TO APPEAR IN COURT TO ANSWER TO, EXPLAIN, OR DEFEND ANY
35 CHARGE OF A VIOLATION OF ANY TRAFFIC LAW, ORDINANCE, RULE OR REGULATION.
36 S 6. Section 371 of the general municipal law is amended by adding a
37 new subdivision 4-a to read as follows:
38 4-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FINES, PENAL-
39 TIES AND FORFEITURES COLLECTED BY THE BUFFALO TRAFFIC VIOLATIONS AGENCY
40 SHALL BE DISTRIBUTED AS PROVIDED IN SECTION EIGHTEEN HUNDRED THREE OF
41 THE VEHICLE AND TRAFFIC LAW. ALL FINES, PENALTIES AND FORFEITURES FOR
42 VIOLATIONS ADJUDICATED BY THE BUFFALO TRAFFIC VIOLATIONS AGENCY PURSUANT
43 TO SUBDIVISION TWO-A OF THIS SECTION EXCEPT AS PROVIDED IN SUBDIVISION
44 THREE OF SECTION NINETY-NINE-A OF THE STATE FINANCE LAW, SHALL BE PAID
45 BY SUCH AGENCY TO THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS OF THE
46 MONTH FOLLOWING COLLECTION. EACH SUCH PAYMENT SHALL BE ACCOMPANIED BY A
47 TRUE AND COMPLETE REPORT IN SUCH FORM AND DETAIL AS THE COMPTROLLER
48 SHALL PRESCRIBE.
49 S 7. The general municipal law is amended by adding a new section
50 374-a to read as follows:
51 S 374-A. TRAFFIC PROSECUTOR SELECTION AND OVERSIGHT. (A) THE EXECUTIVE
52 DIRECTOR OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY, APPOINTED PURSUANT TO
53 SUBDIVISION (B) OF THIS SECTION, SHALL SELECT AND MAY CONTRACT WITH OR
54 HIRE ONE OR MORE PERSONS WHO ARE ATTORNEYS, DULY ADMITTED TO THE PRAC-
55 TICE OF LAW IN NEW YORK STATE FOR THE PROSECUTION OF ANY TRAFFIC INFRAC-
56 TION, EXCEPT THOSE DESCRIBED IN PARAGRAPHS (A), (B), (C), (D), (E), (F)
S. 2401--A 4
1 AND (G) OF SUBDIVISION TWO-A OF SECTION THREE HUNDRED SEVENTY-ONE OF
2 THIS ARTICLE, TO BE HEARD, TRIED OR OTHERWISE DISPOSED OF BY THE BUFFALO
3 CITY COURT. SUCH PERSONS SHALL BE KNOWN AS "TRAFFIC PROSECUTORS", AS
4 THAT TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-A OF THIS ARTICLE.
5 TRAFFIC PROSECUTORS SHALL HAVE THE SAME POWER AS A DISTRICT ATTORNEY
6 WOULD OTHERWISE HAVE IN THE PROSECUTION OF ANY TRAFFIC INFRACTION WHICH
7 MAY, PURSUANT TO THE JURISDICTIONAL PROVISIONS OF SECTION THREE HUNDRED
8 SEVENTY-ONE OF THIS ARTICLE, BE PROSECUTED BEFORE THE BUFFALO CITY COURT
9 IF THE TRAFFIC VIOLATION OCCURRED IN THE CITY OF BUFFALO. THE EXECUTIVE
10 DIRECTOR SHALL GIVE ACTIVE CONSIDERATION TO REQUIRING THAT SUCH TRAFFIC
11 PROSECUTORS SERVE ON A FULL-TIME BASIS. TRAFFIC PROSECUTORS ARE PROHIB-
12 ITED FROM APPEARING IN ANY CAPACITY OTHER THAN AS A TRAFFIC PROSECUTOR
13 IN ANY PART OF THE BUFFALO CITY COURT ON ANY MATTER RELATING TO TRAFFIC
14 VIOLATIONS AND ARE FURTHER PROHIBITED FROM APPEARING IN ANY CAPACITY
15 OTHER THAN AS A TRAFFIC PROSECUTOR IN ANY OTHER COURT OR ADMINISTRATIVE
16 TRIBUNAL ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
17 (B) THE MAYOR OF THE CITY OF BUFFALO SHALL APPOINT A PERSON TO SERVE
18 AS THE EXECUTIVE DIRECTOR OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY
19 SUBJECT TO THE CONFIRMATION OF THE COMMON COUNCIL OF THE CITY OF
20 BUFFALO. THE EXECUTIVE DIRECTOR SHALL BE RESPONSIBLE FOR THE OVERSIGHT
21 AND ADMINISTRATION OF THE AGENCY. THE EXECUTIVE DIRECTOR IS PROHIBITED
22 FROM APPEARING IN ANY CAPACITY IN ANY PART OF THE BUFFALO CITY COURT ON
23 ANY MATTER RELATING TO TRAFFIC VIOLATIONS AND IS FURTHER PROHIBITED FROM
24 APPEARING IN ANY CAPACITY IN ANY OTHER COURT OR ADMINISTRATIVE TRIBUNAL
25 ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
26 (C) IT SHALL BE A MISDEMEANOR FOR THE EXECUTIVE DIRECTOR, ANY TRAFFIC
27 PROSECUTOR OR ANY JUDICIAL HEARING OFFICER ASSIGNED TO HEAR TRAFFIC
28 VIOLATIONS CASES PURSUANT TO SECTION SIXTEEN HUNDRED NINETY OF THE VEHI-
29 CLE AND TRAFFIC LAW TO ESTABLISH ANY QUOTA OF TRAFFIC VIOLATION
30 CONVICTIONS WHICH MUST BE OBTAINED BY ANY TRAFFIC PROSECUTOR OR JUDICIAL
31 HEARING OFFICER. NOTHING CONTAINED HEREIN SHALL PROHIBIT THE TAKING OF
32 ANY JOB ACTION AGAINST A TRAFFIC PROSECUTOR OR JUDICIAL HEARING OFFICER
33 FOR FAILURE TO SATISFACTORILY PERFORM SUCH PROSECUTOR'S OR OFFICER'S JOB
34 ASSIGNMENT EXCEPT THAT THE EMPLOYMENT PRODUCTIVITY OF SUCH PROSECUTOR OR
35 OFFICER SHALL NOT BE MEASURED BY THE ATTAINMENT OR NONATTAINMENT OF ANY
36 CONVICTION QUOTA. FOR THE PURPOSES OF THIS SECTION A CONVICTION QUOTA
37 SHALL MEAN A SPECIFIC NUMBER OF CONVICTIONS WHICH MUST BE OBTAINED WITH-
38 IN A SPECIFIC TIME PERIOD.
39 (D) PURSUANT TO ARTICLE 20 OF THE BUFFALO CITY CHARTER, THE CITY OF
40 BUFFALO MAY APPROPRIATE THOSE MONIES WHICH, IN ITS SOLE DISCRETION, ARE
41 NECESSARY FOR THE COMPENSATION OF THOSE PERSONS SELECTED TO SERVE AS
42 EXECUTIVE DIRECTOR AND TRAFFIC PROSECUTORS AND TO COVER ALL OTHER
43 EXPENSES ASSOCIATED WITH THE ADMINISTRATION OF THE BUFFALO TRAFFIC
44 VIOLATIONS AGENCY.
45 S 8. Subdivision 3 of section 99-a of the state finance law, as
46 amended by chapter 388 of the laws of 2012, is amended to read as
47 follows:
48 3. The comptroller is hereby authorized to implement alternative
49 procedures, including guidelines in conjunction therewith, relating to
50 the remittance of fines, penalties, forfeitures and other moneys by town
51 and village justice courts, and by the Nassau and Suffolk counties traf-
52 fic and parking violations agencies, AND BY THE CITY OF BUFFALO TRAFFIC
53 VIOLATIONS AGENCY, to the justice court fund and for the distribution of
54 such moneys by the justice court fund. Notwithstanding any law to the
55 contrary, the alternative procedures utilized may include:
56 a. electronic funds transfer;
S. 2401--A 5
1 b. remittance of funds by the justice court to the chief fiscal office
2 of the town or village, or, in the case of the Nassau and Suffolk coun-
3 ties traffic and parking violations agencies, to the county treasurer,
4 OR, IN THE CASE OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY, TO THE CITY OF
5 BUFFALO COMPTROLLER, for distribution in accordance with instructions by
6 the comptroller; and/or
7 c. monthly, rather than quarterly, distribution of funds.
8 The comptroller may require such reporting and record keeping as he or
9 she deems necessary to ensure the proper distribution of moneys in
10 accordance with applicable laws. A justice court or the Nassau and
11 Suffolk counties traffic and parking violations agencies OR THE CITY OF
12 BUFFALO TRAFFIC VIOLATIONS AGENCY may utilize these procedures only when
13 permitted by the comptroller, and such permission, once given, may
14 subsequently be withdrawn by the comptroller on due notice.
15 S 9. Paragraph (c) of subdivision 4-a of section 510 of the vehicle
16 and traffic law, as added by section 10 of part J of chapter 62 of the
17 laws of 2003, is amended to read as follows:
18 (c) Upon receipt of notification from a traffic and parking violations
19 agency OR A TRAFFIC VIOLATIONS AGENCY of the failure of a person to
20 appear within sixty days of the return date or new subsequent adjourned
21 date, pursuant to an appearance ticket charging said person with a
22 violation of:
23 (i) any of the provisions of this chapter except one for parking,
24 stopping or standing and except those violations described in paragraphs
25 (a), (b), (d), (e) and (f) of subdivision two AND IN PARAGRAPHS (A),
26 (B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A of section three hundred
27 seventy-one of the general municipal law;
28 (ii) section five hundred two or subdivision (a) of section eighteen
29 hundred fifteen of the tax law;
30 (iii) section fourteen-f (except paragraph (b) of subdivision four of
31 section fourteen-f), two hundred eleven or two hundred twelve of the
32 transportation law; or
33 (iv) any lawful ordinance or regulation made by a local or public
34 authority relating to traffic (except one for parking, stopping or
35 standing) or the failure to pay a fine imposed for such a violation by a
36 traffic and parking violations agency OR A TRAFFIC VIOLATIONS AGENCY,
37 the commissioner or his or her agent may suspend the driver's license or
38 privileges of such person pending receipt of notice from the agency that
39 such person has appeared in response to such appearance ticket or has
40 paid such fine. Such suspension shall take effect no less than thirty
41 days from the day upon which notice thereof is sent by the commissioner
42 to the person whose driver's license or privileges are to be suspended.
43 Any suspension issued pursuant to this paragraph shall be subject to the
44 provisions of paragraph (j-1) of subdivision two of section five hundred
45 three of this chapter.
46 S 10. Paragraph (b) of subdivision 3 of section 514 of the vehicle and
47 traffic law, as amended by section 11 of part J of chapter 62 of the
48 laws of 2003, is amended to read as follows:
49 (b) Upon the failure of a person to appear or answer, within sixty
50 days of the return date or any subsequent adjourned date, or the failure
51 to pay a fine imposed by a traffic and parking violations agency OR A
52 TRAFFIC VIOLATIONS AGENCY pursuant to a summons charging him or her with
53 a violation of:
54 (1) any of the provisions of this chapter except one for parking,
55 stopping or standing and except those violations described in paragraphs
56 (a), (b), (d), (e) and (f) of subdivision two AND IN PARAGRAPHS (A),
S. 2401--A 6
1 (B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A of section three hundred
2 seventy-one of the general municipal law;
3 (2) section five hundred two or subdivision (a) of section eighteen
4 hundred fifteen of the tax law;
5 (3) section fourteen-f (except paragraph (b) of subdivision four of
6 section fourteen-f), two hundred eleven or two hundred twelve of the
7 transportation law; or
8 (4) any lawful ordinance or regulation made by a local or public
9 authority relating to traffic (except one for parking, stopping or
10 standing);
11 the clerk thereof shall within ten days certify that fact to the commis-
12 sioner, in the manner and form prescribed by the commissioner, who shall
13 record the same in his or her office. Thereafter and upon the appearance
14 of any such person in response to such summons or the receipt of the
15 fine by the agency, the traffic and parking violations agency, THE TRAF-
16 FIC VIOLATIONS AGENCY or the clerk thereof shall forthwith certify that
17 fact to the commissioner, in the manner and form prescribed by the
18 commissioner; provided, however, no such certification shall be made
19 unless the traffic and parking violations agency OR THE TRAFFIC
20 VIOLATIONS AGENCY has collected the termination of suspension fee
21 required to be paid pursuant to paragraph (j-1) of subdivision two of
22 section five hundred three of this chapter.
23 S 11. The article heading of article 44-A of the vehicle and traffic
24 law, as amended by chapter 388 of the laws of 2012, is amended to read
25 as follows:
26 AUTHORITY OF THE NASSAU AND SUFFOLK
27 COUNTY DISTRICT COURT AND BUFFALO CITY COURT
28 JUDICIAL HEARING OFFICERS
29 S 12. The section heading of section 1690 of the vehicle and traffic
30 law, as amended by chapter 388 of the laws of 2012, is amended to read
31 as follows:
32 Authority of the Nassau county and Suffolk county district court judi-
33 cial hearing officers AND THE CITY OF BUFFALO JUDICIAL HEARING OFFICERS.
34 S 13. Section 1690 of the vehicle and traffic law is amended by adding
35 two new subdivisions 1-a and 4-a to read as follows:
36 1-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE THE TRIAL OF A
37 TRAFFIC INFRACTION IS AUTHORIZED OR REQUIRED TO BE TRIED BEFORE THE
38 BUFFALO CITY COURT, AND SUCH TRAFFIC INFRACTION DOES NOT CONSTITUTE A
39 MISDEMEANOR, FELONY, VIOLATION OF SUBDIVISION ONE OF SECTION ELEVEN
40 HUNDRED NINETY-TWO, SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED
41 NINETY-TWO, SECTION THREE HUNDRED NINETY-SEVEN-A, OR SUBDIVISION (G) OF
42 SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, OR A VIOLATION OF PARA-
43 GRAPH (B) OF SUBDIVISION FOUR OF SECTION FOURTEEN-F OR CLAUSE (B) OF
44 SUBPARAGRAPH (III) OF PARAGRAPH C OF SUBDIVISION TWO OF SECTION ONE
45 HUNDRED FORTY OF THE TRANSPORTATION LAW, OR ANY PARKING, STOPPING,
46 STANDING OR PEDESTRIAN OFFENSE, OR ANY OFFENSE THAT IS PART OF THE SAME
47 CRIMINAL TRANSACTION, AS THAT TERM IS DEFINED IN SUBDIVISION TWO OF
48 SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW, AS SUCH A MISDEMEANOR,
49 FELONY, VIOLATION OF SUBDIVISION ONE OF SECTION ELEVEN HUNDRED
50 NINETY-TWO, SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-TWO,
51 SECTION THREE HUNDRED NINETY-SEVEN-A OR SUBDIVISION (G) OF SECTION ELEV-
52 EN HUNDRED EIGHTY OF THIS CHAPTER, OR A VIOLATION OF PARAGRAPH (B) OF
53 SUBDIVISION FOUR OF SECTION FOURTEEN-F OR CLAUSE (B) OF SUBPARAGRAPH
54 (III) OF PARAGRAPH D OF SUBDIVISION TWO OF SECTION ONE HUNDRED FORTY OF
55 THE TRANSPORTATION LAW, OR ANY PARKING, STOPPING, STANDING OR PEDESTRIAN
56 OFFENSE, THE ADMINISTRATIVE JUDGE OF THE EIGHTH JUDICIAL DISTRICT MAY
S. 2401--A 7
1 ASSIGN JUDICIAL HEARING OFFICERS TO CONDUCT SUCH A TRIAL. SUCH JUDICIAL
2 HEARING OFFICERS SHALL: (I) BE RESIDENTS OF THE CITY OF BUFFALO; AND
3 (II) BE VILLAGE OR TOWN COURT JUSTICES, CITY COURT JUDGES OR RETIRED
4 JUDGES OR JUSTICES ALL OF WHICH SHALL HAVE AT LEAST TWO YEARS OF EXPERI-
5 ENCE CONDUCTING TRIALS OF TRAFFIC VIOLATIONS CASES; AND (III) BE ADMIT-
6 TED TO PRACTICE LAW IN THIS STATE; AND (IV) BE SELECTED FROM A LIST OF
7 RECOMMENDATIONS OF THE MAYOR OF THE CITY OF BUFFALO PROVIDED THAT THE
8 MAYOR SHALL GIVE AT LEAST THREE RECOMMENDATIONS FOR EACH JUDICIAL HEAR-
9 ING OFFICER ASSIGNMENT. WHERE SUCH ASSIGNMENT IS MADE, THE JUDICIAL
10 HEARING OFFICER SHALL ENTERTAIN THE CASE IN THE SAME MANNER AS A COURT
11 AND SHALL:
12 (A) DETERMINE ALL QUESTIONS OF LAW;
13 (B) ACT AS THE EXCLUSIVE TRIER OF ALL ISSUES OF FACT;
14 (C) RENDER A VERDICT;
15 (D) IMPOSE SENTENCE; OR
16 (E) DISPOSE OF THE CASE IN ANY MANNER PROVIDED BY LAW.
17 4-A. JUDICIAL HEARING OFFICERS ARE PROHIBITED FROM APPEARING IN ANY
18 CAPACITY OTHER THAN AS A JUDICIAL HEARING OFFICER IN ANY PART OF BUFFALO
19 CITY COURT ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS AND ARE FURTHER
20 PROHIBITED FROM APPEARING IN ANY CAPACITY OTHER THAN AS A JUDICIAL HEAR-
21 ING OFFICER IN ANY OTHER COURT OR ADMINISTRATIVE TRIBUNAL ON ANY MATTER
22 RELATING TO TRAFFIC VIOLATIONS.
23 S 14. Subdivision 5 of section 350.20 of the criminal procedure law,
24 as amended by chapter 388 of the laws of 2012, is amended to read as
25 follows:
26 5. Notwithstanding the provisions of subdivision one of this section,
27 for all proceedings before the district court of Nassau county the
28 administrative judge of Nassau county may, and for all proceedings
29 before the district court of Suffolk county, the administrative judge of
30 Suffolk county may, without the consent of the parties, assign matters
31 involving traffic and parking infractions except those described in
32 paragraphs (a), (b), (c), (d), (e) and (f) of subdivision two of section
33 three hundred seventy-one of the general municipal law to a judicial
34 hearing officer in accordance with the provisions of section sixteen
35 hundred ninety of the vehicle and traffic law AND FOR ALL PROCEEDINGS
36 BEFORE THE BUFFALO CITY COURT THE ADMINISTRATIVE JUDGE OF THE EIGHTH
37 JUDICIAL DISTRICT MAY, WITHOUT THE CONSENT OF THE PARTIES, ASSIGN
38 MATTERS INVOLVING TRAFFIC INFRACTIONS EXCEPT THOSE DESCRIBED IN PARA-
39 GRAPHS (A), (B), (C), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A OF
40 SECTION THREE HUNDRED SEVENTY-ONE OF THE GENERAL MUNICIPAL LAW TO A
41 JUDICIAL HEARING OFFICER IN ACCORDANCE WITH THE PROVISIONS OF SECTION
42 SIXTEEN HUNDRED NINETY OF THE VEHICLE AND TRAFFIC LAW.
43 S 15. The executive director of the Buffalo traffic violations agency
44 shall issue on an annual basis, beginning eighteen months following the
45 creation of the Buffalo traffic violations agency pursuant to city of
46 Buffalo local law, a report detailing the progress, development and
47 operations of the traffic violations agency. The report shall be
48 provided to the governor, the temporary president of the senate, the
49 speaker of the assembly, the mayor of Buffalo, the common council of
50 Buffalo, the presiding judge of the Buffalo city court and the Erie
51 county district attorney.
52 S 16. Section 155 of the vehicle and traffic law, as amended by chap-
53 ter 628 of the laws of 2002, is amended to read as follows:
54 S 155. Traffic infraction. The violation of any provision of this
55 chapter, except articles forty-seven and forty-eight, or of any law,
56 ordinance, order, rule or regulation regulating traffic which is not
S. 2401--A 8
1 declared by this chapter or other law of this state to be a misdemeanor
2 or a felony. A traffic infraction is not a crime and the punishment
3 imposed therefor shall not be deemed for any purpose a penal or criminal
4 punishment and shall not affect or impair the credibility as a witness
5 or otherwise of any person convicted thereof. This definition shall be
6 retroactive and shall apply to all acts and violations heretofore
7 committed where such acts and violations would, if committed subsequent
8 to the taking effect of this section, be included within the meaning of
9 the term "traffic infraction" as herein defined. Except in those
10 portions of Suffolk county for which a district court has been estab-
11 lished, outside of cities having a population in excess of two hundred
12 thousand BUT LESS THAN TWO HUNDRED TWENTY THOUSAND in which administra-
13 tive tribunals have heretofore been established AND OUTSIDE OF CITIES
14 HAVING A POPULATION OF ONE MILLION IN WHICH ADMINISTRATIVE TRIBUNALS
15 HAVE HERETOFORE BEEN ESTABLISHED, courts and judicial officers hereto-
16 fore having jurisdiction over such violations shall continue to do so
17 and for such purpose such violations shall be deemed misdemeanors and
18 all provisions of law relating to misdemeanors except as provided in
19 section eighteen hundred five of this chapter and except as herein
20 otherwise expressly provided shall apply except that no jury trial shall
21 be allowed for traffic infractions. In those portions of Suffolk county
22 for which a district court has been established, and in cities having a
23 population in excess of two hundred thousand BUT LESS THAN TWO HUNDRED
24 TWENTY THOUSAND in which administrative tribunals have heretofore been
25 established AND IN CITIES HAVING A POPULATION IN EXCESS OF ONE MILLION
26 IN WHICH ADMINISTRATIVE TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, the
27 criminal courts of such cities or portions of Suffolk county in which a
28 district court has been established shall have jurisdiction to hear and
29 determine any complaint alleging a violation constituting a traffic
30 infraction, except that administrative tribunals heretofore established
31 in such cities or portions of Suffolk county in which a district court
32 has been established shall have jurisdiction to hear and determine any
33 charge of an offense which is a traffic infraction, except parking,
34 standing or stopping. In cities having a population in excess of two
35 hundred thousand in which administrative tribunals have heretofore been
36 established, and any such administrative tribunal established by the
37 city of Yonkers, the city of Peekskill, or the city of Syracuse, such
38 tribunals shall have jurisdiction to hear and determine any charge of an
39 offense which is a parking, standing or stopping violation. Any fine
40 imposed by an administrative tribunal shall be a civil penalty. For
41 purposes of arrest without a warrant, pursuant to article one hundred
42 forty of the criminal procedure law, a traffic infraction shall be
43 deemed an offense.
44 S 17. Subdivision 1 of section 225 of the vehicle and traffic law, as
45 amended by chapter 388 of the laws of 2012, is amended to read as
46 follows:
47 1. Notwithstanding any inconsistent provision of law, all violations
48 of this chapter or of a law, ordinance, order, rule or regulation relat-
49 ing to traffic, except parking, standing, stopping or pedestrian
50 offenses, which occur within a city having a population of two hundred
51 thousand or more BUT LESS THAN TWO HUNDRED TWENTY THOUSAND in which
52 administrative tribunals have heretofore been established, OR WITHIN A
53 CITY HAVING A POPULATION OF ONE MILLION OR MORE IN WHICH ADMINISTRATIVE
54 TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, and which are classified as
55 traffic infractions, may be heard and determined pursuant to the regu-
56 lations of the commissioner as provided in this article. Whenever a
S. 2401--A 9
1 crime and a traffic infraction arise out of the same transaction or
2 occurrence, a charge alleging both offenses may be made returnable
3 before the court having jurisdiction over the crime. Nothing herein
4 provided shall be construed to prevent a court, having jurisdiction over
5 a criminal charge relating to traffic or a traffic infraction, from
6 lawfully entering a judgment of conviction, whether or not based on a
7 plea of guilty, for any offense classified as a traffic infraction.
8 S 18. Pending actions and proceedings. (a) No proceeding involving a
9 charge of a traffic infraction pending at such time when an existing
10 administrative tribunal shall cease to exist shall be affected or abated
11 by the passage of this act or by anything herein contained or by the
12 cessation of the existence of any administrative tribunal. All such
13 proceedings are hereby transferred to the court of appropriate jurisdic-
14 tion in the city where such traffic infractions allegedly occurred.
15 (b) (i) The agency, department, office, or person charged with the
16 custody of the records of an existing administrative tribunal which is
17 about to cease existing under, or in connection with, this act shall
18 arrange for the transfer of the records of pending proceedings to the
19 court of appropriate jurisdiction to which the proceedings shall be
20 transferred. The presiding judge of such court shall enter an order
21 providing for adequate notice consistent with due process of law to
22 respondents in such pending proceedings regarding the transfer of such
23 proceedings.
24 (ii) In no event shall any difficulty or delay resulting from the
25 transfer process, not caused by the respondent, increase the penalty
26 required of the respondent appearing before the court due to a transfer
27 of the traffic infraction proceeding or otherwise prejudice such
28 respondent. Respondents before the court due to a transfer of the traf-
29 fic infraction proceeding from an administrative tribunal to the court
30 that fail to appear shall be permitted at least one adjournment before
31 the penalties and procedures pursuant to subdivision 3 of section 226 of
32 the vehicle and traffic law shall be available. The presiding judge of
33 such court shall enter an order providing for adequate notice consistent
34 with due process of law to respondents, including notice of the penal-
35 ties and procedures available pursuant to subdivision 3 of section 226
36 of the vehicle and traffic law.
37 S 19. This act shall take effect immediately; provided, however, that
38 the provisions of sections two, three, seven, and eleven through four-
39 teen of this act shall take effect on the same date as the city of
40 Buffalo shall have established a traffic violations agency, by enactment
41 of a local law hereby authorized; provided, further, that if estab-
42 lished, such agency and the city of Buffalo shall comply with all the
43 provisions of law set forth in this act; provided, further, that the
44 amendments to section 371 of the general municipal law made by sections
45 four, five and six of this act shall not affect the expiration of such
46 section and shall be deemed to expire therewith; provided, further, that
47 the city of Buffalo shall notify the legislative bill drafting commis-
48 sion upon the occurrence of the enactment of the local law provided for
49 in this section in order that the commission may maintain an accurate
50 and timely effective data base of the official text of the laws of the
51 state of New York in furtherance of effectuating the provisions of
52 section 44 of the legislative law and section 70-b of the public offi-
53 cers law; and provided, further, that sections one, four through six,
54 eight through ten, and fifteen through eighteen of this act shall take
55 effect forty-five days after the city of Buffalo shall have established
S. 2401--A 10
1 a traffic violations agency by enactment of a local law pursuant to this
2 section.