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.