NY State Senate Bill 2013-S4209

Senate Bill S4209

2013-2014 Legislative Session

Authorizes the electronic filing of local criminal court accusatory instruments and imposes a $5 fee upon defendants convicted thereon; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to codes
Mar 14, 2013	referred to codes

2013-S4209 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Rpld §1.20 sub 5, amd §§1.20 & 100.05, add §100.60, CP L

2013-S4209 (ACTIVE) - Summary

Authorizes the electronic filing of local criminal court accusatory instruments and imposes a $5 fee upon defendants convicted thereon.

2013-S4209 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4209

TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to authorizing the electronic filing of certain accusatory
instruments in local criminal courts; and to repeal subdivision 5 of
section 1.20 of such law relating to simplified traffic information

PURPOSE: To authorize the electronic filing of local criminal court
accusatory instruments and impose a five dollar fee upon defendants
convicted thereon.

SUMMARY OF PROVISIONS:

Section 1. Subdivision 5 of section 1.20 of the criminal procedure
law, as separately amended by chapters 315, 383, 661 and 729 of the
laws of 1972, is repealed.

Section 2. Subdivision 17 of section 1.20 of the criminal procedure
law is amended to provide that a local criminal court accusatory
instrument or any accusation of a violation of a local law, code or
ordinance may be filed with a local criminal court by electronic
means.

Section 3. Section 100.05 of the criminal procedure law, subdivision 2
as amended by chapter 661 of the laws of 1972, is amended to include
the filing of a local criminal court accusatory instrument by

electronic means and shall not affect the validity of the criminal
action commenced thereby.

Section 4. The criminal procedure law is amended by adding a new
section 100.60 which allows a local criminal court to impose and
collect a fee of five dollars, which shall be in addition to any other
fines and fees imposed for such conviction. Sixty percent of the
revenue from the fee imposed shall be disbursed to the local criminal
court for its expenses of establishing and operating an electronic
filing system, and the remaining forty percent shall be disbursed to
the law enforcement agency commencing the action.

Section 5 is the effective date stating this act shall take effect on
the first of January next succeeding the date on which it shall have
become a law, with other provisions.

JUSTIFICATION: Electronic filing aids local courts by reducing data
entry and other processing costs. Electronic filing also reduces the
risk of error due to weather or illegible handwriting. Allowing
electronic filing by local courts will increase efficiency and assure
public issued citations are legible, free of handwritten errors and
unaffected by weather. This bill also increases officer safety as the
time needed to issue a citation will dramatically decrease due to the
electronic filing and keep officers from standing along the roadside.
The increased officer safety is incredibly important and inevitably
saves lives.

LEGISLATIVE HISTORY: New legislation.

FISCAL IMPLICATIONS: To be determined.


EFFECTIVE DATE: This act shall take effect on the first of January
next succeeding the date on which it shall have become a law; provided
that, effective immediately, any rules and regulations necessary to
implement the provisions of this act on its effective date are
authorized and directed to be completed on or before such date.

2013-S4209 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4209

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 14, 2013
                               ___________

Introduced  by  Sen.  BALL  --  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  authorizing
  the electronic filing of certain accusatory instruments in local crim-
  inal  courts;  and to repeal subdivision 5 of section 1.20 of such law
  relating to simplified traffic information

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  5  of section 1.20 of the criminal procedure
law, as separately amended by chapters 315, 383, 661 and 729 of the laws
of 1972, is REPEALED.
  S 2. Subdivision 17 of section 1.20 of the criminal procedure  law  is
amended to read as follows:
  17.  "Commencement of criminal action." A criminal action is commenced
by the filing of an accusatory instrument against a defendant in a crim-
inal court, and, if more than one accusatory instrument is filed in  the
course of the action, it commences when the first of such instruments is
filed; PROVIDED, FURTHER, THAT A LOCAL CRIMINAL COURT ACCUSATORY INSTRU-
MENT  OR ANY ACCUSATION OF A VIOLATION OF A LOCAL LAW, CODE OR ORDINANCE
MAY BE FILED WITH A LOCAL CRIMINAL COURT BY ELECTRONIC MEANS AS  AUTHOR-
IZED  BY  LAW  AND  IN  ACCORDANCE WITH THE RULES OF THE OFFICE OF COURT
ADMINISTRATION.
  S 3. Section 100.05 of the criminal procedure law,  subdivision  2  as
amended  by  chapter  661  of  the  laws  of 1972, is amended to read as
follows:
S 100.05 Commencement of action; in general.
  1. A criminal action is commenced  by  the  filing  of  an  accusatory
instrument  with  a criminal court, and if more than one such instrument
is filed in  the  course  of  the  same  criminal  action,  such  action
commences  when the first of such instruments is filed.  The only way in
which a criminal action can be commenced in a superior court is  by  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09725-01-3

S. 4209                             2

filing  therewith  by  a grand jury of an indictment against a defendant
who has never been held by a local criminal court for the action of such
grand jury with respect to any  charge  contained  in  such  indictment.
Otherwise,  a  criminal action can be commenced only in a local criminal
court, by the filing therewith of  a  local  criminal  court  accusatory
instrument, namely:
  [1.] (A)  An information; or
  [2.] (B) A simplified information; or
  [3.] (C)  A prosecutor's information; or
  [4.] (D)  A misdemeanor complaint; or
  [5.] (E)  A felony complaint.
  2. THE FILING OF A LOCAL CRIMINAL COURT ACCUSATORY INSTRUMENT BY ELEC-
TRONIC  MEANS,  AS AUTHORIZED BY LAW AND IN ACCORDANCE WITH THE RULES OF
THE OFFICE OF COURT ADMINISTRATION, SHALL NOT AFFECT THE VALIDITY OF THE
CRIMINAL ACTION COMMENCED THEREBY.
  S 4. The criminal procedure law is amended by  adding  a  new  section
100.60 to read as follows:
S 100.60 ELECTRONIC FILING OF ACCUSATORY INSTRUMENT.
  IN  ANY  CRIMINAL ACTION COMMENCED BY THE ELECTRONIC FILING OF A LOCAL
CRIMINAL COURT ACCUSATORY INSTRUMENT, AND IN ANY ACTION COMMENCED BY THE
FILING OF AN ACCUSATION OF A VIOLATION OF A LOCAL  LAW,  CODE  OR  ORDI-
NANCE,  AS  AUTHORIZED  BY  LAW  AND IN ACCORDANCE WITH THE RULES OF THE
OFFICE OF COURT ADMINISTRATION, WHICH RESULTS IN A CONVICTION, THE LOCAL
CRIMINAL COURT SHALL IMPOSE AND COLLECT A FEE  OF  FIVE  DOLLARS,  WHICH
SHALL  BE  IN  ADDITION  TO  ANY  OTHER  FINES AND FEES IMPOSED FOR SUCH
CONVICTION. REVENUE DERIVED FROM SUCH FEE SHALL BE MAINTAINED IN ACCORD-
ANCE WITH THE RULES OF THE STATE COMPTROLLER AND  THE  OFFICE  OF  COURT
ADMINISTRATION. SIXTY PERCENT OF THE REVENUE FROM THE FEE IMPOSED PURSU-
ANT  TO  THIS SECTION SHALL BE DISBURSED TO THE LOCAL CRIMINAL COURT FOR
ITS EXPENSES OF ESTABLISHING AND OPERATING AN ELECTRONIC FILING  SYSTEM,
AND  THE  REMAINING FORTY PERCENT SHALL BE DISBURSED TO THE LAW ENFORCE-
MENT AGENCY COMMENCING THE ACTION.
  S 5. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law; provided that, effec-
tive immediately, any rules and regulations necessary to  implement  the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.

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