S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3455--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2015
                                      ___________
       Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
         Committee on Transportation --  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 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
   13  that the sum of four dollars for each violation occurring in such juris-
   14  diction  for  which  a  complaint has been filed with the administrative
   15  tribunal established pursuant to this article shall be retained  by  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08443-03-5
       A. 3455--A                          2
    1  state.  The  amount  distributed  during the first three quarters to the
    2  [cities] CITY of Rochester [and Buffalo] in any given fiscal year  shall
    3  not  exceed  seventy percent of the amount which will be otherwise paya-
    4  ble.  Provided,  however,  that  if the full costs of administering this
    5  article shall exceed the amounts received and retained by the state  for
    6  any  period  specified by the commissioner, then such additional sums as
    7  shall be required to offset such costs shall be retained  by  the  state
    8  out  of  the penalties and forfeited security collected pursuant to this
    9  article.
   10    S 2. Section 370 of the general municipal law is amended by  adding  a
   11  new subdivision 4 to read as follows:
   12    4.  THERE SHALL BE AN EXECUTIVE DEPARTMENT OF THE BUFFALO CITY GOVERN-
   13  MENT KNOWN AS THE BUFFALO TRAFFIC VIOLATIONS AGENCY, WHICH SHALL OPERATE
   14  UNDER THE DIRECTION AND CONTROL OF THE MAYOR.
   15    S 3. Subdivision 2 of section 370-a of the general municipal  law,  as
   16  amended  by chapter 388 of the laws of 2012, is amended and a new subdi-
   17  vision 1-a is added to read as follows:
   18    1-A. "TRAFFIC VIOLATIONS AGENCY" SHALL MEAN AN EXECUTIVE DEPARTMENT OF
   19  THE CITY OF BUFFALO ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF  SECTION
   20  THREE HUNDRED SEVENTY OF THIS ARTICLE TO ADMINISTER AND DISPOSE OF TRAF-
   21  FIC INFRACTIONS AS AUTHORIZED PURSUANT TO THIS ARTICLE.
   22    2.  "Traffic prosecutor" shall mean an attorney duly admitted to prac-
   23  tice law in the state of New York who, having been appointed and  either
   24  hired or retained pursuant to section three hundred seventy-four of this
   25  article,  has  the responsibility of prosecuting any traffic and parking
   26  infractions returnable before the Nassau county district  court  or  the
   27  Suffolk  county  district  court  OR  ANY TRAFFIC INFRACTIONS RETURNABLE
   28  BEFORE THE BUFFALO CITY COURT pursuant to the jurisdictional limitations
   29  of section three hundred seventy-one of this article.
   30    S 4. Section 371 of the general municipal law is amended by  adding  a
   31  new subdivision 2-a to read as follows:
   32    2-A. THE BUFFALO TRAFFIC VIOLATIONS AGENCY, AS ESTABLISHED IN SUBDIVI-
   33  SION  FOUR  OF  SECTION  THREE  HUNDRED  SEVENTY OF THIS ARTICLE, MAY BE
   34  AUTHORIZED TO ASSIST THE BUFFALO  CITY  COURT  IN  THE  DISPOSITION  AND
   35  ADMINISTRATION  OF  INFRACTIONS  OF  TRAFFIC LAWS, ORDINANCES, RULES AND
   36  REGULATIONS EXCEPT THAT SUCH AGENCY SHALL NOT HAVE JURISDICTION OVER (A)
   37  THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION ONE OF  SECTION  ELEVEN
   38  HUNDRED  NINETY-TWO  OF  THE  VEHICLE  AND  TRAFFIC LAW; (B) THE TRAFFIC
   39  INFRACTION DEFINED UNDER SUBDIVISION  FIVE  OF  SECTION  ELEVEN  HUNDRED
   40  NINETY-TWO  OF  THE  VEHICLE  AND TRAFFIC LAW; (C) THE VIOLATION DEFINED
   41  UNDER PARAGRAPH (B) OF SUBDIVISION FOUR OF  SECTION  FOURTEEN-F  OF  THE
   42  TRANSPORTATION LAW AND THE VIOLATION DEFINED UNDER CLAUSE (B) OF SUBPAR-
   43  AGRAPH  (III)  OF  PARAGRAPH C OF SUBDIVISION TWO OF SECTION ONE HUNDRED
   44  FORTY OF THE TRANSPORTATION LAW;  (D)  THE  TRAFFIC  INFRACTION  DEFINED
   45  UNDER  SECTION  THREE  HUNDRED NINETY-SEVEN-A OF THE VEHICLE AND TRAFFIC
   46  LAW AND THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION (G) OF  SECTION
   47  ELEVEN  HUNDRED  EIGHTY  OF  THE  VEHICLE  AND  TRAFFIC LAW; (E) TRAFFIC
   48  INFRACTIONS  CONSTITUTING  PARKING,  STANDING,  STOPPING  OR  PEDESTRIAN
   49  OFFENSES; (F) ANY MISDEMEANOR OR FELONY; OR (G) ANY OFFENSE THAT IS PART
   50  OF THE SAME CRIMINAL TRANSACTION, AS THAT TERM IS DEFINED IN SUBDIVISION
   51  TWO  OF  SECTION  40.10 OF THE CRIMINAL PROCEDURE LAW, AS A VIOLATION OF
   52  SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE  AND
   53  TRAFFIC  LAW,  A VIOLATION OF SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED
   54  NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, A VIOLATION OF PARAGRAPH  (B)
   55  OF  SUBDIVISION  FOUR OF SECTION FOURTEEN-F OF THE TRANSPORTATION LAW, A
   56  VIOLATION OF CLAUSE (B) OF SUBPARAGRAPH (III) OF PARAGRAPH C OF SUBDIVI-
       A. 3455--A                          3
    1  SION TWO OF SECTION ONE HUNDRED  FORTY  OF  THE  TRANSPORTATION  LAW,  A
    2  VIOLATION  OF  SECTION  THREE  HUNDRED NINETY-SEVEN-A OF THE VEHICLE AND
    3  TRAFFIC LAW, A VIOLATION CONSTITUTING A PARKING, STOPPING,  STANDING  OR
    4  PEDESTRIAN  OFFENSE,  A  VIOLATION  OF SUBDIVISION (G) OF SECTION ELEVEN
    5  HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC  LAW  OR  ANY  MISDEMEANOR  OR
    6  FELONY.
    7    S  5.  Section 371 of the general municipal law is amended by adding a
    8  new subdivision 3-a to read as follows:
    9    3-A. A PERSON CHARGED WITH AN INFRACTION WHICH SHALL BE DISPOSED OF BY
   10  THE BUFFALO TRAFFIC VIOLATIONS AGENCY MAY BE PERMITTED TO ANSWER, WITHIN
   11  A SPECIFIED TIME, AT THE TRAFFIC VIOLATIONS AGENCY EITHER IN  PERSON  OR
   12  BY  WRITTEN  POWER  OF ATTORNEY IN SUCH FORM AS MAY BE PRESCRIBED IN THE
   13  ORDINANCE OR LOCAL LAW CREATING THE AGENCY, BY PAYING A PRESCRIBED  FINE
   14  AND,  IN  WRITING,  WAIVING  A  HEARING IN COURT, PLEADING GUILTY TO THE
   15  CHARGE OR A LESSER CHARGE AGREEABLE TO THE TRAFFIC  PROSECUTOR  AND  THE
   16  PERSON  CHARGED WITH AN INFRACTION, AND AUTHORIZING THE PERSON IN CHARGE
   17  OF THE AGENCY TO ENTER SUCH A PLEA AND  ACCEPT  PAYMENT  OF  SAID  FINE.
   18  ACCEPTANCE  OF  THE  PRESCRIBED FINE AND POWER OF ATTORNEY BY THE AGENCY
   19  SHALL BE DEEMED COMPLETE SATISFACTION FOR THE VIOLATION, AND THE  VIOLA-
   20  TOR SHALL BE GIVEN A RECEIPT WHICH SO STATES. IF A PERSON CHARGED WITH A
   21  TRAFFIC  VIOLATION  DOES NOT ANSWER AS HEREINBEFORE PRESCRIBED, WITHIN A
   22  DESIGNATED TIME, THE AGENCY MAY CAUSE A COMPLAINT TO BE ENTERED  AGAINST
   23  HIM  FORTHWITH  AND A WARRANT TO BE ISSUED FOR HIS ARREST AND APPEARANCE
   24  BEFORE THE COURT, SUCH  SUMMONS  TO  BE  PREDICATED  UPON  THE  PERSONAL
   25  SERVICE OF SAID SUMMONS UPON THE PERSON CHARGED WITH THE INFRACTION. ANY
   26  PERSON  WHO  SHALL HAVE BEEN, WITHIN THE PRECEDING TWELVE MONTHS, GUILTY
   27  OF THREE OR MORE VIOLATIONS, SHALL NOT BE PERMITTED TO APPEAR AND ANSWER
   28  TO A SUBSEQUENT VIOLATION AT THE AGENCY, BUT MUST APPEAR IN COURT  AT  A
   29  TIME  SPECIFIED  BY  THE  AGENCY. SUCH AGENCY SHALL NOT BE AUTHORIZED TO
   30  DEPRIVE A PERSON OF HIS RIGHT TO COUNSEL OR TO PREVENT HIM FROM EXERCIS-
   31  ING HIS RIGHT TO APPEAR IN COURT TO ANSWER TO, EXPLAIN,  OR  DEFEND  ANY
   32  CHARGE OF A VIOLATION OF ANY TRAFFIC LAW, ORDINANCE, RULE OR REGULATION.
   33    S  6.  Section 371 of the general municipal law is amended by adding a
   34  new subdivision 4-a to read as follows:
   35    4-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FINES,  PENAL-
   36  TIES  AND FORFEITURES COLLECTED BY THE BUFFALO TRAFFIC VIOLATIONS AGENCY
   37  SHALL BE DISTRIBUTED AS PROVIDED IN SECTION EIGHTEEN  HUNDRED  THREE  OF
   38  THE  VEHICLE  AND  TRAFFIC LAW. ALL FINES, PENALTIES AND FORFEITURES FOR
   39  VIOLATIONS ADJUDICATED BY THE BUFFALO TRAFFIC VIOLATIONS AGENCY PURSUANT
   40  TO SUBDIVISION TWO-A OF THIS SECTION EXCEPT AS PROVIDED  IN  SUBDIVISION
   41  THREE  OF  SECTION NINETY-NINE-A OF THE STATE FINANCE LAW, SHALL BE PAID
   42  BY SUCH AGENCY TO THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS OF THE
   43  MONTH FOLLOWING COLLECTION.  EACH SUCH PAYMENT SHALL BE ACCOMPANIED BY A
   44  TRUE AND COMPLETE REPORT IN SUCH FORM  AND  DETAIL  AS  THE  COMPTROLLER
   45  SHALL PRESCRIBE.
   46    S  7.  The  general  municipal  law is amended by adding a new section
   47  374-a to read as follows:
   48    S 374-A. TRAFFIC PROSECUTOR SELECTION AND OVERSIGHT. (A) THE EXECUTIVE
   49  DIRECTOR OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY, APPOINTED PURSUANT TO
   50  SUBDIVISION (B) OF THIS SECTION, SHALL SELECT AND MAY CONTRACT  WITH  OR
   51  HIRE  ONE  OR MORE PERSONS WHO ARE ATTORNEYS, DULY ADMITTED TO THE PRAC-
   52  TICE OF LAW IN NEW YORK STATE FOR THE PROSECUTION OF ANY TRAFFIC INFRAC-
   53  TION, EXCEPT THOSE DESCRIBED IN PARAGRAPHS (A), (B), (C), (D), (E),  (F)
   54  AND  (G)  OF  SUBDIVISION  TWO-A OF SECTION THREE HUNDRED SEVENTY-ONE OF
   55  THIS ARTICLE, TO BE HEARD, TRIED OR OTHERWISE DISPOSED OF BY THE BUFFALO
   56  CITY COURT. SUCH PERSONS SHALL BE KNOWN  AS  "TRAFFIC  PROSECUTORS",  AS
       A. 3455--A                          4
    1  THAT TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-A OF THIS ARTICLE.
    2  TRAFFIC  PROSECUTORS  SHALL  HAVE  THE SAME POWER AS A DISTRICT ATTORNEY
    3  WOULD OTHERWISE HAVE IN THE PROSECUTION OF ANY TRAFFIC INFRACTION  WHICH
    4  MAY,  PURSUANT TO THE JURISDICTIONAL PROVISIONS OF SECTION THREE HUNDRED
    5  SEVENTY-ONE OF THIS ARTICLE, BE PROSECUTED BEFORE THE BUFFALO CITY COURT
    6  IF THE TRAFFIC VIOLATION OCCURRED IN THE CITY OF BUFFALO. THE  EXECUTIVE
    7  DIRECTOR  SHALL GIVE ACTIVE CONSIDERATION TO REQUIRING THAT SUCH TRAFFIC
    8  PROSECUTORS SERVE ON A FULL-TIME BASIS.  TRAFFIC PROSECUTORS ARE PROHIB-
    9  ITED FROM APPEARING IN ANY CAPACITY OTHER THAN AS A  TRAFFIC  PROSECUTOR
   10  IN  ANY PART OF THE BUFFALO CITY COURT ON ANY MATTER RELATING TO TRAFFIC
   11  VIOLATIONS AND ARE FURTHER PROHIBITED FROM  APPEARING  IN  ANY  CAPACITY
   12  OTHER  THAN AS A TRAFFIC PROSECUTOR IN ANY OTHER COURT OR ADMINISTRATIVE
   13  TRIBUNAL ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
   14    (B) THE MAYOR OF THE CITY OF BUFFALO SHALL APPOINT A PERSON  TO  SERVE
   15  AS  THE  EXECUTIVE  DIRECTOR  OF  THE  BUFFALO TRAFFIC VIOLATIONS AGENCY
   16  SUBJECT TO THE CONFIRMATION  OF  THE  COMMON  COUNCIL  OF  THE  CITY  OF
   17  BUFFALO.  THE  EXECUTIVE DIRECTOR SHALL BE RESPONSIBLE FOR THE OVERSIGHT
   18  AND ADMINISTRATION OF THE AGENCY. THE EXECUTIVE DIRECTOR  IS  PROHIBITED
   19  FROM  APPEARING IN ANY CAPACITY IN ANY PART OF THE BUFFALO CITY COURT ON
   20  ANY MATTER RELATING TO TRAFFIC VIOLATIONS AND IS FURTHER PROHIBITED FROM
   21  APPEARING IN ANY CAPACITY IN ANY OTHER COURT OR ADMINISTRATIVE  TRIBUNAL
   22  ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
   23    (C)  IT SHALL BE A MISDEMEANOR FOR THE EXECUTIVE DIRECTOR, ANY TRAFFIC
   24  PROSECUTOR OR ANY JUDICIAL HEARING  OFFICER  ASSIGNED  TO  HEAR  TRAFFIC
   25  VIOLATIONS CASES PURSUANT TO SECTION SIXTEEN HUNDRED NINETY OF THE VEHI-
   26  CLE  AND  TRAFFIC  LAW  TO  ESTABLISH  ANY  QUOTA  OF  TRAFFIC VIOLATION
   27  CONVICTIONS WHICH MUST BE OBTAINED BY ANY TRAFFIC PROSECUTOR OR JUDICIAL
   28  HEARING OFFICER. NOTHING CONTAINED HEREIN SHALL PROHIBIT THE  TAKING  OF
   29  ANY  JOB ACTION AGAINST A TRAFFIC PROSECUTOR OR JUDICIAL HEARING OFFICER
   30  FOR FAILURE TO SATISFACTORILY PERFORM SUCH PROSECUTOR'S OR OFFICER'S JOB
   31  ASSIGNMENT EXCEPT THAT THE EMPLOYMENT PRODUCTIVITY OF SUCH PROSECUTOR OR
   32  OFFICER SHALL NOT BE MEASURED BY THE ATTAINMENT OR NONATTAINMENT OF  ANY
   33  CONVICTION  QUOTA.  FOR  THE PURPOSES OF THIS SECTION A CONVICTION QUOTA
   34  SHALL MEAN A SPECIFIC NUMBER OF CONVICTIONS WHICH MUST BE OBTAINED WITH-
   35  IN A SPECIFIC TIME PERIOD.
   36    (D) PURSUANT TO ARTICLE 20 OF THE BUFFALO CITY CHARTER,  THE  CITY  OF
   37  BUFFALO  MAY APPROPRIATE THOSE MONIES WHICH, IN ITS SOLE DISCRETION, ARE
   38  NECESSARY FOR THE COMPENSATION OF THOSE PERSONS  SELECTED  TO  SERVE  AS
   39  EXECUTIVE  DIRECTOR  AND  TRAFFIC  PROSECUTORS  AND  TO  COVER ALL OTHER
   40  EXPENSES ASSOCIATED WITH  THE  ADMINISTRATION  OF  THE  BUFFALO  TRAFFIC
   41  VIOLATIONS AGENCY.
   42    S  8.  Subdivision  3  of  section  99-a  of the state finance law, as
   43  amended by chapter 388 of the laws  of  2012,  is  amended  to  read  as
   44  follows:
   45    3.  The  comptroller  is  hereby  authorized  to implement alternative
   46  procedures, including guidelines in conjunction therewith,  relating  to
   47  the remittance of fines, penalties, forfeitures and other moneys by town
   48  and village justice courts, and by the Nassau and Suffolk counties traf-
   49  fic  and parking violations agencies, AND BY THE CITY OF BUFFALO TRAFFIC
   50  VIOLATIONS AGENCY, to the justice court fund and for the distribution of
   51  such moneys by the justice court fund.  Notwithstanding any law  to  the
   52  contrary, the alternative procedures utilized may include:
   53    a. electronic funds transfer;
   54    b. remittance of funds by the justice court to the chief fiscal office
   55  of  the town or village, or, in the case of the Nassau and Suffolk coun-
   56  ties traffic and parking violations agencies, to the  county  treasurer,
       A. 3455--A                          5
    1  OR, IN THE CASE OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY, TO THE CITY OF
    2  BUFFALO COMPTROLLER, for distribution in accordance with instructions by
    3  the comptroller; and/or
    4    c. monthly, rather than quarterly, distribution of funds.
    5    The comptroller may require such reporting and record keeping as he or
    6  she  deems  necessary  to  ensure  the  proper distribution of moneys in
    7  accordance with applicable laws. A  justice  court  or  the  Nassau  and
    8  Suffolk  counties traffic and parking violations agencies OR THE CITY OF
    9  BUFFALO TRAFFIC VIOLATIONS AGENCY may utilize these procedures only when
   10  permitted by the comptroller,  and  such  permission,  once  given,  may
   11  subsequently be withdrawn by the comptroller on due notice.
   12    S  9.  Paragraph  (c) of subdivision 4-a of section 510 of the vehicle
   13  and traffic law, as added by section 10 of part J of chapter 62  of  the
   14  laws of 2003, is amended to read as follows:
   15    (c) Upon receipt of notification from a traffic and parking violations
   16  agency  OR  A  TRAFFIC  VIOLATIONS  AGENCY of the failure of a person to
   17  appear within sixty days of the return date or new subsequent  adjourned
   18  date,  pursuant  to  an  appearance  ticket  charging said person with a
   19  violation of:
   20    (i) any of the provisions of this  chapter  except  one  for  parking,
   21  stopping or standing and except those violations described in paragraphs
   22  (a),  (b),  (d),  (e)  and (f) of subdivision two AND IN PARAGRAPHS (A),
   23  (B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A of section three hundred
   24  seventy-one of the general municipal law;
   25    (ii) section five hundred two or subdivision (a) of  section  eighteen
   26  hundred fifteen of the tax law;
   27    (iii)  section fourteen-f (except paragraph (b) of subdivision four of
   28  section fourteen-f), two hundred eleven or two  hundred  twelve  of  the
   29  transportation law; or
   30    (iv)  any  lawful  ordinance  or  regulation made by a local or public
   31  authority relating to traffic  (except  one  for  parking,  stopping  or
   32  standing) or the failure to pay a fine imposed for such a violation by a
   33  traffic  and  parking  violations agency OR A TRAFFIC VIOLATIONS AGENCY,
   34  the commissioner or his or her agent may suspend the driver's license or
   35  privileges of such person pending receipt of notice from the agency that
   36  such person has appeared in response to such appearance  ticket  or  has
   37  paid  such  fine.  Such suspension shall take effect no less than thirty
   38  days from the day upon which notice thereof is sent by the  commissioner
   39  to  the person whose driver's license or privileges are to be suspended.
   40  Any suspension issued pursuant to this paragraph shall be subject to the
   41  provisions of paragraph (j-1) of subdivision two of section five hundred
   42  three of this chapter.
   43    S 10. Paragraph (b) of subdivision 3 of section 514 of the vehicle and
   44  traffic law, as amended by section 11 of part J of  chapter  62  of  the
   45  laws of 2003, is amended to read as follows:
   46    (b)  Upon  the  failure  of a person to appear or answer, within sixty
   47  days of the return date or any subsequent adjourned date, or the failure
   48  to pay a fine imposed by a traffic and parking violations  agency  OR  A
   49  TRAFFIC VIOLATIONS AGENCY pursuant to a summons charging him or her with
   50  a violation of:
   51    (1)  any  of  the  provisions  of this chapter except one for parking,
   52  stopping or standing and except those violations described in paragraphs
   53  (a), (b), (d), (e) and (f) of subdivision two  AND  IN  PARAGRAPHS  (A),
   54  (B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A of section three hundred
   55  seventy-one of the general municipal law;
       A. 3455--A                          6
    1    (2)  section  five  hundred two or subdivision (a) of section eighteen
    2  hundred fifteen of the tax law;
    3    (3)  section  fourteen-f  (except paragraph (b) of subdivision four of
    4  section fourteen-f), two hundred eleven or two  hundred  twelve  of  the
    5  transportation law; or
    6    (4)  any  lawful  ordinance  or  regulation  made by a local or public
    7  authority relating to traffic  (except  one  for  parking,  stopping  or
    8  standing);
    9  the clerk thereof shall within ten days certify that fact to the commis-
   10  sioner, in the manner and form prescribed by the commissioner, who shall
   11  record the same in his or her office. Thereafter and upon the appearance
   12  of  any  such  person  in response to such summons or the receipt of the
   13  fine by the agency, the traffic and parking violations agency, THE TRAF-
   14  FIC VIOLATIONS AGENCY or the clerk thereof shall forthwith certify  that
   15  fact  to  the  commissioner,  in  the  manner and form prescribed by the
   16  commissioner; provided, however, no such  certification  shall  be  made
   17  unless  the  traffic  and  parking  violations  agency  OR  THE  TRAFFIC
   18  VIOLATIONS AGENCY  has  collected  the  termination  of  suspension  fee
   19  required  to  be  paid pursuant to paragraph (j-1) of subdivision two of
   20  section five hundred three of this chapter.
   21    S 11. The article heading of article 44-A of the vehicle  and  traffic
   22  law,  as  amended by chapter 388 of the laws of 2012, is amended to read
   23  as follows:
   24                      AUTHORITY OF THE NASSAU AND SUFFOLK
   25                COUNTY DISTRICT COURT AND BUFFALO CITY COURT
   26                          JUDICIAL HEARING OFFICERS
   27    S 12. The section heading of section 1690 of the vehicle  and  traffic
   28  law,  as  amended by chapter 388 of the laws of 2012, is amended to read
   29  as follows:
   30    Authority of the Nassau county and Suffolk county district court judi-
   31  cial hearing officers AND THE CITY OF BUFFALO JUDICIAL HEARING OFFICERS.
   32    S 13. Section 1690 of the vehicle and traffic law is amended by adding
   33  two new subdivisions 1-a and 4-a to read as follows:
   34    1-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE THE TRIAL OF  A
   35  TRAFFIC  INFRACTION  IS  AUTHORIZED  OR  REQUIRED TO BE TRIED BEFORE THE
   36  BUFFALO CITY COURT, AND SUCH TRAFFIC INFRACTION DOES  NOT  CONSTITUTE  A
   37  MISDEMEANOR,  FELONY,  VIOLATION  OF  SUBDIVISION  ONE OF SECTION ELEVEN
   38  HUNDRED  NINETY-TWO,  SUBDIVISION  FIVE  OF   SECTION   ELEVEN   HUNDRED
   39  NINETY-TWO,  SECTION THREE HUNDRED NINETY-SEVEN-A, OR SUBDIVISION (G) OF
   40  SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, OR A VIOLATION  OF  PARA-
   41  GRAPH  (B)  OF  SUBDIVISION  FOUR OF SECTION FOURTEEN-F OR CLAUSE (B) OF
   42  SUBPARAGRAPH (III) OF PARAGRAPH C OF  SUBDIVISION  TWO  OF  SECTION  ONE
   43  HUNDRED  FORTY  OF  THE  TRANSPORTATION  LAW,  OR ANY PARKING, STOPPING,
   44  STANDING OR PEDESTRIAN OFFENSE, OR ANY OFFENSE THAT IS PART OF THE  SAME
   45  CRIMINAL  TRANSACTION,  AS  THAT  TERM  IS DEFINED IN SUBDIVISION TWO OF
   46  SECTION 40.10 OF THE CRIMINAL PROCEDURE  LAW,  AS  SUCH  A  MISDEMEANOR,
   47  FELONY,   VIOLATION   OF  SUBDIVISION  ONE  OF  SECTION  ELEVEN  HUNDRED
   48  NINETY-TWO,  SUBDIVISION  TWO  OF  SECTION  ELEVEN  HUNDRED  NINETY-TWO,
   49  SECTION THREE HUNDRED NINETY-SEVEN-A OR SUBDIVISION (G) OF SECTION ELEV-
   50  EN  HUNDRED  EIGHTY  OF THIS CHAPTER, OR A VIOLATION OF PARAGRAPH (B) OF
   51  SUBDIVISION FOUR OF SECTION FOURTEEN-F OR  CLAUSE  (B)  OF  SUBPARAGRAPH
   52  (III)  OF PARAGRAPH D OF SUBDIVISION TWO OF SECTION ONE HUNDRED FORTY OF
   53  THE TRANSPORTATION LAW, OR ANY PARKING, STOPPING, STANDING OR PEDESTRIAN
   54  OFFENSE, THE ADMINISTRATIVE JUDGE OF THE EIGHTH  JUDICIAL  DISTRICT  MAY
   55  ASSIGN  JUDICIAL HEARING OFFICERS TO CONDUCT SUCH A TRIAL. SUCH JUDICIAL
   56  HEARING OFFICERS SHALL: (I) BE RESIDENTS OF THE  CITY  OF  BUFFALO;  AND
       A. 3455--A                          7
    1  (II)  BE  VILLAGE  OR  TOWN COURT JUSTICES, CITY COURT JUDGES OR RETIRED
    2  JUDGES OR JUSTICES ALL OF WHICH SHALL HAVE AT LEAST TWO YEARS OF EXPERI-
    3  ENCE CONDUCTING TRIALS OF TRAFFIC VIOLATIONS CASES; AND (III) BE  ADMIT-
    4  TED  TO  PRACTICE LAW IN THIS STATE; AND (IV) BE SELECTED FROM A LIST OF
    5  RECOMMENDATIONS OF THE MAYOR OF THE CITY OF BUFFALO  PROVIDED  THAT  THE
    6  MAYOR  SHALL GIVE AT LEAST THREE RECOMMENDATIONS FOR EACH JUDICIAL HEAR-
    7  ING OFFICER ASSIGNMENT. WHERE SUCH  ASSIGNMENT  IS  MADE,  THE  JUDICIAL
    8  HEARING  OFFICER  SHALL ENTERTAIN THE CASE IN THE SAME MANNER AS A COURT
    9  AND SHALL:
   10    (A) DETERMINE ALL QUESTIONS OF LAW;
   11    (B) ACT AS THE EXCLUSIVE TRIER OF ALL ISSUES OF FACT;
   12    (C) RENDER A VERDICT;
   13    (D) IMPOSE SENTENCE; OR
   14    (E) DISPOSE OF THE CASE IN ANY MANNER PROVIDED BY LAW.
   15    4-A. JUDICIAL HEARING OFFICERS ARE PROHIBITED FROM  APPEARING  IN  ANY
   16  CAPACITY OTHER THAN AS A JUDICIAL HEARING OFFICER IN ANY PART OF BUFFALO
   17  CITY  COURT ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS AND ARE FURTHER
   18  PROHIBITED FROM APPEARING IN ANY CAPACITY OTHER THAN AS A JUDICIAL HEAR-
   19  ING OFFICER IN ANY OTHER COURT OR ADMINISTRATIVE TRIBUNAL ON ANY  MATTER
   20  RELATING TO TRAFFIC VIOLATIONS.
   21    S  14.  Subdivision 5 of section 350.20 of the criminal procedure law,
   22  as amended by chapter 388 of the laws of 2012, is  amended  to  read  as
   23  follows:
   24    5.  Notwithstanding the provisions of subdivision one of this section,
   25  for all proceedings before the  district  court  of  Nassau  county  the
   26  administrative  judge  of  Nassau  county  may,  and for all proceedings
   27  before the district court of Suffolk county, the administrative judge of
   28  Suffolk county may, without the consent of the parties,  assign  matters
   29  involving  traffic  and  parking  infractions  except those described in
   30  paragraphs (a), (b), (c), (d), (e) and (f) of subdivision two of section
   31  three hundred seventy-one of the general municipal  law  to  a  judicial
   32  hearing  officer  in  accordance  with the provisions of section sixteen
   33  hundred ninety of the vehicle and traffic law AND  FOR  ALL  PROCEEDINGS
   34  BEFORE  THE  BUFFALO  CITY  COURT THE ADMINISTRATIVE JUDGE OF THE EIGHTH
   35  JUDICIAL DISTRICT MAY,  WITHOUT  THE  CONSENT  OF  THE  PARTIES,  ASSIGN
   36  MATTERS  INVOLVING  TRAFFIC  INFRACTIONS EXCEPT THOSE DESCRIBED IN PARA-
   37  GRAPHS (A), (B), (C), (D), (E), (F) AND  (G)  OF  SUBDIVISION  TWO-A  OF
   38  SECTION  THREE  HUNDRED  SEVENTY-ONE  OF  THE GENERAL MUNICIPAL LAW TO A
   39  JUDICIAL HEARING OFFICER IN ACCORDANCE WITH THE  PROVISIONS  OF  SECTION
   40  SIXTEEN HUNDRED NINETY OF THE VEHICLE AND TRAFFIC LAW.
   41    S  15. The executive director of the Buffalo traffic violations agency
   42  shall issue on an annual basis, beginning eighteen months following  the
   43  creation  of  the  Buffalo traffic violations agency pursuant to city of
   44  Buffalo local law, a report  detailing  the  progress,  development  and
   45  operations  of  the  traffic  violations  agency.    The report shall be
   46  provided to the governor, the temporary president  of  the  senate,  the
   47  speaker  of  the  assembly,  the mayor of Buffalo, the common council of
   48  Buffalo, the presiding judge of the Buffalo  city  court  and  the  Erie
   49  county district attorney.
   50    S 16.  Section 155 of the vehicle and traffic law, as amended by chap-
   51  ter 628 of the laws of 2002, is amended to read as follows:
   52    S  155.  Traffic  infraction.  The  violation of any provision of this
   53  chapter, except articles forty-seven and forty-eight,  or  of  any  law,
   54  ordinance,  order,  rule  or  regulation regulating traffic which is not
   55  declared by this chapter or other law of this state to be a  misdemeanor
   56  or  a  felony.  A  traffic  infraction is not a crime and the punishment
       A. 3455--A                          8
    1  imposed therefor shall not be deemed for any purpose a penal or criminal
    2  punishment and shall not affect or impair the credibility as  a  witness
    3  or  otherwise  of any person convicted thereof. This definition shall be
    4  retroactive  and  shall  apply  to  all  acts  and violations heretofore
    5  committed where such acts and violations would, if committed  subsequent
    6  to  the taking effect of this section, be included within the meaning of
    7  the term  "traffic  infraction"  as  herein  defined.  Except  in  those
    8  portions  of  Suffolk  county for which a district court has been estab-
    9  lished, outside of cities having a population in excess of  two  hundred
   10  thousand  BUT LESS THAN TWO HUNDRED TWENTY THOUSAND in which administra-
   11  tive tribunals have heretofore been established AND  OUTSIDE  OF  CITIES
   12  HAVING  A  POPULATION  OF  ONE MILLION IN WHICH ADMINISTRATIVE TRIBUNALS
   13  HAVE HERETOFORE BEEN ESTABLISHED, courts and judicial  officers  hereto-
   14  fore  having  jurisdiction  over such violations shall continue to do so
   15  and for such purpose such violations shall be  deemed  misdemeanors  and
   16  all  provisions  of  law  relating to misdemeanors except as provided in
   17  section eighteen hundred five of  this  chapter  and  except  as  herein
   18  otherwise expressly provided shall apply except that no jury trial shall
   19  be  allowed for traffic infractions. In those portions of Suffolk county
   20  for which a district court has been established, and in cities having  a
   21  population  in  excess of two hundred thousand BUT LESS THAN TWO HUNDRED
   22  TWENTY THOUSAND in which administrative tribunals have  heretofore  been
   23  established  AND  IN CITIES HAVING A POPULATION IN EXCESS OF ONE MILLION
   24  IN WHICH ADMINISTRATIVE TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED,  the
   25  criminal  courts of such cities or portions of Suffolk county in which a
   26  district court has been established shall have jurisdiction to hear  and
   27  determine  any  complaint  alleging  a  violation constituting a traffic
   28  infraction, except that administrative tribunals heretofore  established
   29  in  such  cities or portions of Suffolk county in which a district court
   30  has been established shall have jurisdiction to hear and  determine  any
   31  charge  of  an  offense  which  is a traffic infraction, except parking,
   32  standing or stopping. In cities having a population  in  excess  of  two
   33  hundred  thousand in which administrative tribunals have heretofore been
   34  established, and any such administrative  tribunal  established  by  the
   35  city  of  Yonkers,  the city of Peekskill, or the city of Syracuse, such
   36  tribunals shall have jurisdiction to hear and determine any charge of an
   37  offense which is a parking, standing or  stopping  violation.  Any  fine
   38  imposed  by  an  administrative  tribunal  shall be a civil penalty. For
   39  purposes of arrest without a warrant, pursuant to  article  one  hundred
   40  forty  of  the  criminal  procedure  law,  a traffic infraction shall be
   41  deemed an offense.
   42    S 17. Subdivision 1 of section 225 of the vehicle and traffic law,  as
   43  amended  by  chapter  388  of  the  laws  of 2012, is amended to read as
   44  follows:
   45    1. Notwithstanding any inconsistent provision of law,  all  violations
   46  of this chapter or of a law, ordinance, order, rule or regulation relat-
   47  ing  to  traffic,  except  parking,  standing,  stopping  or  pedestrian
   48  offenses, which occur within a city having a population of  two  hundred
   49  thousand  or  more  BUT  LESS  THAN TWO HUNDRED TWENTY THOUSAND in which
   50  administrative tribunals have heretofore been established, OR  WITHIN  A
   51  CITY  HAVING A POPULATION OF ONE MILLION OR MORE IN WHICH ADMINISTRATIVE
   52  TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, and which are classified  as
   53  traffic  infractions,  may be heard and determined pursuant to the regu-
   54  lations of the commissioner as provided  in  this  article.  Whenever  a
   55  crime  and  a  traffic  infraction  arise out of the same transaction or
   56  occurrence, a charge alleging  both  offenses  may  be  made  returnable
       A. 3455--A                          9
    1  before  the  court  having  jurisdiction  over the crime. Nothing herein
    2  provided shall be construed to prevent a court, having jurisdiction over
    3  a criminal charge relating to traffic  or  a  traffic  infraction,  from
    4  lawfully  entering  a  judgment of conviction, whether or not based on a
    5  plea of guilty, for any offense classified as a traffic infraction.
    6    S 18. Pending actions and proceedings. (a) No proceeding  involving  a
    7  charge  of  a  traffic  infraction pending at such time when an existing
    8  administrative tribunal shall cease to exist shall be affected or abated
    9  by the passage of this act or by anything herein  contained  or  by  the
   10  cessation  of  the  existence  of  any administrative tribunal. All such
   11  proceedings are hereby transferred to the court of appropriate jurisdic-
   12  tion in the city where such traffic infractions allegedly occurred.
   13    (b) (i) The agency, department, office, or  person  charged  with  the
   14  custody  of  the records of an existing administrative tribunal which is
   15  about to cease existing under, or in connection  with,  this  act  shall
   16  arrange  for  the  transfer of the records of pending proceedings to the
   17  court of appropriate jurisdiction to  which  the  proceedings  shall  be
   18  transferred.    The  presiding  judge of such court shall enter an order
   19  providing for adequate notice consistent with  due  process  of  law  to
   20  respondents  in  such pending proceedings regarding the transfer of such
   21  proceedings.
   22    (ii) In no event shall any difficulty  or  delay  resulting  from  the
   23  transfer  process,  not  caused  by the respondent, increase the penalty
   24  required of the respondent appearing before the court due to a  transfer
   25  of  the  traffic  infraction  proceeding  or  otherwise  prejudice  such
   26  respondent. Respondents before the court due to a transfer of the  traf-
   27  fic  infraction  proceeding from an administrative tribunal to the court
   28  that fail to appear shall be permitted at least one  adjournment  before
   29  the penalties and procedures pursuant to subdivision 3 of section 226 of
   30  the  vehicle and traffic law shall be available.  The presiding judge of
   31  such court shall enter an order providing for adequate notice consistent
   32  with due process of law to respondents, including notice of  the  penal-
   33  ties  and  procedures available pursuant to subdivision 3 of section 226
   34  of the vehicle and traffic law.
   35    S 19. This act shall take effect immediately; provided, however,  that
   36  the  provisions  of sections two, three, seven, and eleven through four-
   37  teen of this act shall take effect on the  same  date  as  the  city  of
   38  Buffalo shall have established a traffic violations agency, by enactment
   39  of  a  local  law  hereby  authorized; provided, further, that if estab-
   40  lished, such agency and the city of Buffalo shall comply  with  all  the
   41  provisions  of  law  set  forth in this act; provided, further, that the
   42  amendments to section 371 of the general municipal law made by  sections
   43  four,  five  and six of this act shall not affect the expiration of such
   44  section and shall be deemed to expire therewith; provided, further, that
   45  the city of Buffalo shall notify the legislative bill  drafting  commis-
   46  sion  upon the occurrence of the enactment of the local law provided for
   47  in this section in order that the commission may  maintain  an  accurate
   48  and  timely  effective data base of the official text of the laws of the
   49  state of New York in  furtherance  of  effectuating  the  provisions  of
   50  section  44  of the legislative law and section 70-b of the public offi-
   51  cers law; and provided, further, that sections one,  four  through  six,
   52  eight  through  ten, and fifteen through eighteen of this act shall take
   53  effect forty-five days after the city of Buffalo shall have  established
   54  a traffic violations agency by enactment of a local law pursuant to this
   55  section.