Authorizes the city of Buffalo to provide by local law for the adjudication of traffic infractions.
Ayes (34): DeFrancisco, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Grisanti, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, O'Mara, Ranzenhofer, Robach, Savino, Seward, Young, Valesky, Krueger, Diaz, Dilan, Rivera, Gianaris, Breslin, Montgomery, Perkins, Stavisky, Kennedy, Espaillat, Hassell-Thompson
Nays (2): Parker, Peralta
Excused (1): Squadron
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to directing the city of Buffalo to adjudicate traffic infractions
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would allow the city of Buffalo the same authority offered to its surrounding suburbs to adjudicate traffic violations. Currently, the state of New York adjudicates all traffic violations in the city of Buffalo.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The vehicle and traffic law is amended by adding Subdivision 1 of Section 225 of the Vehicle and Traffic Law.
The purpose of this legislation is to allow the city of Buffalo to adjudicate traffic infractions. New York State currently holds all hearings in Buffalo without the option of a plea bargain system. If the City of Buffalo adjudicates traffic infractions they will implement a system that would allow traffic violators to have an option of a plea bargain, which could lead to traffic school. This system would offer two benefits to Buffalo residents now currently enjoyed by suburban residents; the violator would be allowed to attend traffic school thus hopefully becoming a safer and better driver and also after attending school would not receive any points on his/her license which in turn raises his/her insurance rates. City of Buffalo residents already pay higher insurance rates and this system only causes these rates to increase without any of the options that are offered in the surrounding areas.
PRIOR LEGISLATIVE HISTORY:
S.1156B Passed in 2010-11
To be determined.
This act shall take effect January 1, 2014 provided that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such date.
STATE OF NEW YORK ________________________________________________________________________ 870--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. GRISANTI -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, in relation to directing the city of Buffalo to adjudicate traffic infractions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 225 of the vehicle and traffic law, as amended by chapter 388 of the laws of 2012, is amended to read as follows: 1. (A) Notwithstanding any inconsistent provision of law, all violations of this chapter or of a law, ordinance, order, rule or regu- lation relating to traffic, except parking, standing, stopping or pedes- trian offenses, which occur within a city having a population of two hundred thousand or more in which administrative tribunals have hereto- fore been established, and which are classified as traffic infractions, may be heard and determined pursuant to the regulations of the commis- sioner as provided in this article. (B) FOR PURPOSES OF THIS ARTICLE WITH REGARD TO THE ADJUDICATION OF ANY VIOLATION OF THIS CHAPTER OR OF A LAW, ORDINANCE, ORDER, RULE OR REGULATION RELATING TO TRAFFIC, WHICH IS CLASSIFIED AS A TRAFFIC INFRAC- TION, IN THE CITY OF BUFFALO, PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF A GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, THE CITY OF BUFFALO SHALL PROVIDE BY LOCAL LAW FOR THE ADMINISTRATIVE ADJUDICATION OF TRAFFIC INFRACTIONS. (C) Whenever a crime and a traffic infraction arise out of the same transaction or occurrence, a charge alleging both offenses may be made returnable before the court having jurisdiction over the crime. NothingEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04104-04-3 S. 870--A 2
herein provided shall be construed to prevent a court, having jurisdic- tion over a criminal charge relating to traffic or a traffic infraction, from lawfully entering a judgment of conviction, whether or not based on a plea of guilty, for any offense classified as a traffic infraction. S 2. This act shall take effect January 1, 2014, provided that the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.