New York A 8133: Allows defendants to respond to appearance tickets for certain local violations by mail

Bill Text

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A08133 Summary:

BILL NOA08133 

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SAME ASNo Same As

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SPONSORKelles

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Amd §§170.10 & 340.20, CP L

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Allows defendants to respond to appearance tickets for certain local violations, including a violation of a local zoning ordinance or local zoning law or of a building or sanitation code, by mail; establishes procedures for such plea by mail.

Go to top A08133 Actions:

BILL NOA08133 

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05/01/2025referred to codes

01/07/2026referred to codes

Go to topA08133 Committee&nbspVotes:

Go to topA08133 Floor&nbspVotes:

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

Go to topA08133 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8133

 2025-2026 Regular Sessions

 IN ASSEMBLY

 May 1, 2025
 ___________

 Introduced by M. of A. KELLES -- read once and referred to the Committee
 on Codes

 AN ACT to amend the criminal procedure law, in relation to allowing
 defendants to respond to appearance tickets for certain local
 violations by mail

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

 1 Section 1. Paragraph (b) of subdivision 1 of section 170.10 of the
 2 criminal procedure law, as amended by chapter 661 of the laws of 1972,
 3 is amended and two new paragraphs (c) and (d) are added to read as
 4 follows:
 5 (b) In any case in which the defendant's appearance is required by a
 6 summons or an appearance ticket, the court in its discretion may, for
 7 good cause shown, permit the defendant to appear by counsel instead of
 8 in person[.]; or
 9 (c) In any case in which an appearance ticket has been issued for a
 10 violation of a local zoning ordinance or local zoning law or of a build-
 11 ing or sanitation code and such violation is punishable by a penalty of
 12 no greater than five hundred dollars, the defendant may enter a plea of
 13 not guilty by mailing to the court of appropriate jurisdiction the
 14 appearance ticket indicating such plea. Such plea shall be sent by
 15 registered or certified mail, return receipt requested or by first class
 16 mail. Upon receipt of such ticket and statement, the court shall advise
 17 the defendant, by first class mail, of an appearance at which no testi-
 18 mony shall be taken. If a trial is requested, the court shall set a
 19 trial date on a date subsequent to the date of the initial appearance
 20 and shall notify the defendant of the date by first class mail;
 21 provided, however, that no warrant of arrest for failure to appear may
 22 be issued until the defendant is notified of a new court appearance date
 23 by registered or certified mail, return receipt requested and such
 24 defendant fails to appear.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11646-01-5

 A. 8133 2

 1 (d) A defendant may enter a plea of guilty by mailing to the court of
 2 appropriate jurisdiction by first class mail or by registered or certi-
 3 fied mail, return receipt requested, the appearance ticket and an appli-
 4 cation setting forth: (i) the nature of the charge, (ii) the information
 5 or instructions required to be given to the defendant upon arraignment,
 6 (iii) that defendant waives arraignment in open court and the aid of
 7 counsel, (iv) that defendant pleads guilty to the offense as charged,
 8 (v) that defendant elects and requests that the charge be disposed of
 9 and the fine or penalty fixed by the court, pursuant to the local ordi-
 10 nance or code, (vi) any statement or explanation that the defendant may
 11 desire to make concerning the offense charged, and (vii) that defendant
 12 makes all statements with respect to such application under penalty of
 13 perjury. Thereupon the local criminal court may proceed as though the
 14 defendant had been convicted upon a plea of guilty in open court;
 15 provided, however, that any imposition of fine or penalty pursuant to
 16 this subparagraph shall be deemed tentative until such fine or penalty
 17 shall have been paid and discharged in full, prior to which time such
 18 court, in its discretion, may annul any proceedings hereunder, including
 19 such tentative imposition of fine or penalty, and deny the application,
 20