New York A 5550: Designates the Montauk Point shoals as an important bird area, and directs the commissioner of environmental conservation to designate such area as part of the New York state bird conservation area program

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A05550 Summary:

BILL NOA05550 

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SAME ASNo Same As

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SPONSORJackson

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COSPNSR

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MLTSPNSR

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Add §140.60, CP L

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Requires police officers and peace officers to issue appearance tickets to individuals charged with certain offenses instead of arresting such individuals.

Go to top A05550 Actions:

BILL NOA05550 

&nbsp

02/14/2025referred to codes

01/07/2026referred to codes

Go to topA05550 Committee&nbspVotes:

Go to topA05550 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05550 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5550

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 14, 2025
 ___________

 Introduced by M. of A. JACKSON -- read once and referred to the Commit-
 tee on Codes

 AN ACT to amend the criminal procedure law, in relation to requiring
 police officers and peace officers to issue appearance tickets to
 individuals charged with certain offenses instead of arresting such
 individuals

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The criminal procedure law is amended by adding a new
 2 section 140.60 to read as follows:
 3 § 140.60 Appearance tickets.
 4 1. Notwithstanding the provisions of any other law to the contrary, a
 5 police officer or peace officer shall not arrest a person for an offense
 6 described in subdivision three of this section, unless one of the condi-
 7 tions in subdivision two of this section applies. A police officer or
 8 peace office may issue either an appearance ticket requiring such person
 9 to appear before a local criminal court at a designated future time in
 10 connection with an accusatory instrument to be filed against such person
 11 therein or a notice of violation and hearing to commence a proceeding to
 12 recover a civil penalty in an administrative proceeding before an admin-
 13 istrative tribunal having jurisdiction over such proceeding in lieu of
 14 making an arrest.
 15 2. A police officer, acting pursuant to section 140.10 of this arti-
 16 cle, or a peace officer, acting pursuant to section 140.25 of this arti-
 17 cle, may arrest a person for an offense described in subdivision three
 18 of this section only if:
 19 (a) the officer is unable to ascertain the person's identity. An offi-
 20 cer may rely on various factors relevant to establishing identity in
 21 ascertaining a person's identity, including but not limited to personal
 22 knowledge of such person, such person's self-identification, and photo-
 23 graphic identification. There is no requirement that a person present

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07745-01-5

 A. 5550 2

 1 photographic identification in order to be issued an appearance ticket
 2 in lieu of arrest; however, if offered by such person, an officer shall
 3 accept as evidence of identity forms of identification including but not
 4 limited to a valid driver's license or non-driver identification card
 5 issued by the commissioner of motor vehicles, the federal government,any
 6 United States territory, commonwealth or possession, the District of
 7 Columbia, a state government or municipal government within the United
 8 States or a provincial government of the dominion of Canada; a valid
 9 passport issued by the United States government or any other country;
 10 and identification card issued by the armed forces of the United States;
 11 and an electronic benefit transfer card;
 12 (b) the officer has reasonable cause to believe that the person has
 13 committed a crime in addition to an offense described in subdivision
 14 three of this section; or
 15 (c) the person presents an immediate threat of bodily injury to that
 16 person or another.
 17 3. This section shall apply to the enforcement of the following
 18 offenses:
 19 (a) A petty offense, as defined in subdivision thirty-nine of section
 20 1.20 of this chapter;
 21 (b) An offense contained in title 21 of chapter XXI of subchapter D of
 22 the state codes, rules and regulations;
 23 (c) An offense contained in chapter 1 of title 56 of the New York City
 24 rules and regulations; and
 25 (d) A violation of section 153.09 of