S. 5634--B 2
article, has the responsibility of prosecuting any traffic and parking
infractions returnable before the Nassau county district court OR THE
SUFFOLK COUNTY DISTRICT COURT pursuant to the jurisdictional limitations
of section three hundred seventy-one of this article.
S 3. Subdivisions 2, 3 and 4 of section 371 of the general municipal
law, subdivision 2 as amended by chapter 19 of the laws of 2009, subdi-
vision 3 as amended by chapter 496 of the laws of 1990 and subdivision 4
as amended by chapter 465 of the laws of 1998, are amended to read as
follows:
2. The Nassau county traffic and parking violations agency, as estab-
lished, may be authorized to assist the Nassau county district court,
AND THE SUFFOLK COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY, AS ESTAB-
LISHED, MAY BE AUTHORIZED TO ASSIST THE SUFFOLK COUNTY DISTRICT COURT,
in the disposition and administration of infractions of traffic and
parking laws, ordinances, rules and regulations and the liability of
owners for violations of subdivision (d) of section eleven hundred elev-
en of the vehicle and traffic law in accordance with section eleven
hundred eleven-b of such law, except that such [agency] AGENCIES shall
not have jurisdiction over (a) the traffic infraction defined under
subdivision one of section eleven hundred ninety-two of the vehicle and
traffic law; (b) the traffic infraction defined under subdivision five
of section eleven hundred ninety-two of the vehicle and traffic law; (c)
the violation defined under paragraph (b) of subdivision four of section
fourteen-f of the transportation law and the violation defined under
clause (b) of subparagraph (iii) of paragraph d of subdivision two of
section one hundred forty of the transportation law; (d) the traffic
infraction defined under section three hundred ninety-seven-a of the
vehicle and traffic law and the traffic infraction defined under subdi-
vision (g) of section eleven hundred eighty of the vehicle and traffic
law; (e) any misdemeanor or felony; or (f) any offense that is part of
the same criminal transaction, as that term is defined in subdivision
two of section 40.10 of the criminal procedure law, as a violation of
subdivision one of section eleven hundred ninety-two of the vehicle and
traffic law, a violation of subdivision five of section eleven hundred
ninety-two of the vehicle and traffic law, a violation of paragraph (b)
of subdivision four of section fourteen-f of the transportation law, a
violation of clause (b) of subparagraph (iii) of paragraph d of subdivi-
sion two of section one hundred forty of the transportation law, a
violation of section three hundred ninety-seven-a of the vehicle and
traffic law, a violation of subdivision (g) of section eleven hundred
eighty of the vehicle and traffic law or any misdemeanor or felony.
3. A person charged with an infraction which shall be disposed of by
either a traffic violations bureau [or], the Nassau county traffic and
parking violations agency, OR THE SUFFOLK COUNTY TRAFFIC AND PARKING
VIOLATIONS AGENCY may be permitted to answer, within a specified time,
at the traffic violations bureau, [and] in Nassau county at the traffic
and parking violations agency AND IN SUFFOLK COUNTY AT THE TRAFFIC AND
PARKING VIOLATIONS AGENCY, either in person or by written power of
attorney in such form as may be prescribed in the ordinance or local law
creating the bureau or agency, by paying a prescribed fine and, in writ-
ing, waiving a hearing in court, pleading guilty to the charge or admit-
ting liability as an owner for the violation of subdivision (d) of
section eleven hundred eleven of the vehicle and traffic law, as the
case may be, and authorizing the person in charge of the bureau or agen-
cy to enter such a plea or admission and accept payment of said fine.
Acceptance of the prescribed fine and power of attorney by the bureau or
S. 5634--B 3
agency shall be deemed complete satisfaction for the violation or of the
liability, and the violator or owner liable for a violation of subdivi-
sion (d) of section eleven hundred eleven of the vehicle and traffic law
shall be given a receipt which so states. If a person charged with a
traffic violation does not answer as hereinbefore prescribed, within a
designated time, the bureau or agency may cause a complaint to be
entered against him forthwith and a warrant to be issued for his arrest
and appearance before the court, such summons to be predicated upon the
personal service of said summons upon the person charged with the
infraction. Any person who shall have been, within the preceding twelve
months, guilty of a number of parking violations in excess of such maxi-
mum number as may be designated by the court, or of three or more
violations other than parking violations, shall not be permitted to
appear and answer to a subsequent violation at the traffic violations
bureau or agency, but must appear in court at a time specified by the
bureau or agency. Such bureau or agency shall not be authorized to
deprive a person of his right to counsel or to prevent him from exercis-
ing his right to appear in court to answer to, explain, or defend any
charge of a violation of any traffic law, ordinance, rule or regulation.
4. Notwithstanding any inconsistent provision of law, fines, penalties
and forfeitures collected by the Nassau county OR SUFFOLK COUNTY traffic
and parking violations agency shall be distributed as provided in
section eighteen hundred three of the vehicle and traffic law. All
fines, penalties and forfeitures for violations adjudicated by the
Nassau county OR SUFFOLK COUNTY traffic and parking violations agency
pursuant to subdivision two of this section, with the exception of park-
ing violations, and except as provided in subdivision three of section
ninety-nine-a of the state finance law, shall be paid by such [agency]
AGENCIES to the state comptroller within the first ten days of the month
following collection. Each such payment shall be accompanied by a true
and complete report in such form and detail as the comptroller shall
prescribe.
S 4. Section 374 of the general municipal law, as amended by chapter
527 of the laws of 2002, is amended to read as follows:
S 374. Traffic prosecutor selection and oversight. (a) The executive
director of the Nassau county traffic and parking violations agency, AND
THE EXECUTIVE DIRECTOR OF THE SUFFOLK COUNTY TRAFFIC AND PARKING
VIOLATIONS AGENCY, appointed pursuant to subdivision (b) of this
section, shall select and may contract with or hire one or more persons
who are attorneys, duly admitted to the practice of law in New York
state for the prosecution of any traffic and parking infraction, except
those described in paragraphs (a), (b), (c), (d), (e) and (f) of subdi-
vision two of section three hundred seventy-one of this article, to be
heard, tried or otherwise disposed of by the district court of Nassau
county IN THE CASE OF AN ATTORNEY SELECTED BY THE NASSAU COUNTY EXECU-
TIVE DIRECTOR, OR BY THE DISTRICT COURT OF SUFFOLK COUNTY, IN THE CASE
OF AN ATTORNEY SELECTED BY THE SUFFOLK COUNTY EXECUTIVE DIRECTOR. Such
persons shall be known as "traffic prosecutors", as that term is defined
in section three hundred seventy-a of this article. Traffic prosecutors
shall have the same power as a district attorney would otherwise have in
the prosecution of any traffic or parking infraction which may, pursuant
to the jurisdictional provisions of section three hundred seventy-one of
this article, be prosecuted before the district court of Nassau county
OR THE DISTRICT COURT OF SUFFOLK COUNTY, IF THE TRAFFIC VIOLATION
OCCURRED IN SUFFOLK COUNTY. The executive director shall give active
consideration to requiring that such traffic prosecutors serve on a
S. 5634--B 4
full-time basis. Traffic prosecutors are prohibited from appearing in
any capacity other than as a traffic prosecutor in any part of the
Nassau county district court OR THE SUFFOLK COUNTY DISTRICT COURT, IF
THE TRAFFIC VIOLATION OCCURRED IN SUFFOLK COUNTY on any matter relating
to traffic or parking violations and are further prohibited from appear-
ing in any capacity other than as a traffic prosecutor in any other
court or administrative tribunal on any matter relating to traffic or
parking violations.
(b) The county executive of the county of Nassau shall appoint a
person to serve as the executive director of the Nassau county traffic
and parking violations agency subject to the confirmation of the county
legislature of the county of Nassau. THE COUNTY EXECUTIVE OF THE COUNTY
OF SUFFOLK SHALL APPOINT A PERSON TO SERVE AS THE EXECUTIVE DIRECTOR OF
THE SUFFOLK COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY SUBJECT TO THE
CONFIRMATION OF THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK. The
executive director shall be responsible for the oversight and adminis-
tration of the agency. The executive director OF NASSAU COUNTY is
prohibited from appearing in any capacity in any part of the Nassau
county district court AND THE EXECUTIVE DIRECTOR OF SUFFOLK COUNTY IS
PROHIBITED FROM APPEARING IN ANY CAPACITY IN ANY PART OF THE SUFFOLK
COUNTY DISTRICT COURT on any matter relating to traffic or parking
violations and is further prohibited from appearing in any capacity in
any other court or administrative tribunal on any matter relating to
traffic or parking violations.
(c) It shall be a misdemeanor for the executive director, any traffic
prosecutor or any judicial hearing officer assigned to hear traffic or
parking violations cases pursuant to section one thousand six hundred
ninety of the vehicle and traffic law to establish any quota of traffic
violation convictions which must be obtained by any traffic prosecutor
or judicial hearing officer. Nothing contained herein shall prohibit the
taking of any job action against a traffic prosecutor or judicial hear-
ing officer for failure to satisfactorily perform such prosecutor's or
officer's job assignment except that the employment productivity of such
prosecutor or officer shall not be measured by the attainment or nonat-
tainment of any conviction quota. For the purposes of this section a
conviction quota shall mean a specific number of convictions which must
be obtained within a specific time period.
(d) The legislature of the county of Nassau may appropriate those
monies which, in the legislature's sole discretion, are necessary for
the compensation of those persons selected to serve as executive direc-
tor and traffic prosecutors and to cover all other expenses associated
with the administration of the Nassau county traffic and parking
violations agency.
(E) THE LEGISLATURE OF THE COUNTY OF SUFFOLK MAY APPROPRIATE THOSE
MONIES WHICH, IN THE LEGISLATURE'S SOLE DISCRETION, ARE NECESSARY FOR
THE COMPENSATION OF THOSE PERSONS SELECTED TO SERVE AS EXECUTIVE DIREC-
TOR AND TRAFFIC PROSECUTORS AND TO COVER ALL OTHER EXPENSES ASSOCIATED
WITH THE ADMINISTRATION OF THE SUFFOLK COUNTY TRAFFIC AND PARKING
VIOLATIONS AGENCY.
S 5. The article heading of article 44-A of the vehicle and traffic
law, as added by chapter 496 of the laws of 1990, is amended to read as
follows:
AUTHORITY OF THE NASSAU AND SUFFOLK
COUNTY DISTRICT COURT
JUDICIAL HEARING [OFFICER] OFFICERS
S. 5634--B 5
S 6. The section heading, subdivision 1 and subdivision 4 of section
1690 of the vehicle and traffic law, the section heading and subdivision
4 as added by chapter 496 of the laws of 1990 and subdivision 1 as
amended by chapter 420 of the laws of 2001, are amended to read as
follows:
Authority of the Nassau county AND SUFFOLK COUNTY district court judi-
cial hearing [officer] OFFICERS. 1. Notwithstanding any other provision
of law, where the trial of a traffic or parking infraction is authorized
or required to be tried before the Nassau county district court OR
SUFFOLK COUNTY DISTRICT COURT, and such traffic and parking infraction
does not constitute a misdemeanor, felony, violation of subdivision one
of section eleven hundred ninety-two, subdivision five of section eleven
hundred ninety-two, section three hundred ninety-seven-a, or subdivision
(g) of section eleven hundred eighty of this chapter, or a violation of
paragraph (b) of subdivision four of section fourteen-f or clause (b) of
subparagraph (iii) of paragraph d of subdivision two of section one
hundred forty of the transportation law, or any offense that is part of
the same criminal transaction, as that term is defined in subdivision
two of section 40.10 of the criminal procedure law, as such a misdemea-
nor, felony, violation of subdivision one of section eleven hundred
ninety-two, subdivision two of section eleven hundred ninety-two,
section three hundred ninety-seven-a or subdivision (g) of section elev-
en hundred eighty of this chapter, or a violation of paragraph (b) of
subdivision four of section fourteen-f or clause (b) of subparagraph
(iii) of paragraph d of subdivision two of section one hundred forty of
the transportation law, the administrative judge of the county in which
the trial court is located, may assign judicial hearing officers to
conduct such a trial. Such judicial hearing officers shall be village
court justices or retired judges either of which shall have at least two
years of experience conducting trials of traffic and parking violations
cases and shall be admitted to practice law in this state. Where such
assignment is made, the judicial hearing officer shall entertain the
case in the same manner as a court and shall:
(a) determine all questions of law;
(b) act as the exclusive trier of all issues of fact;
(c) render a verdict;
(d) impose sentence; or
(e) dispose of the case in any manner provided by law.
4. Judicial hearing officers are prohibited from appearing in any
capacity other than as a judicial hearing officer in any part of the
Nassau county OR SUFFOLK COUNTY district court on any matter relating to
traffic or parking violations and are further prohibited from appearing
in any capacity other than as a judicial hearing officer in any other
court or administrative tribunal on any matter relating to traffic or
parking violations.
S 7. Subdivision 5 of section 350.20 of the criminal procedure law, as
added by chapter 496 of the laws of 1990, is amended to read as follows:
5. Notwithstanding the provisions of subdivision one of this section,
FOR ALL PROCEEDINGS BEFORE THE DISTRICT COURT OF NASSAU COUNTY the
administrative judge of Nassau county may, AND FOR ALL PROCEEDINGS
BEFORE THE DISTRICT COURT OF SUFFOLK COUNTY, THE ADMINISTRATIVE JUDGE OF
SUFFOLK COUNTY MAY, without the consent of the parties, assign matters
involving traffic and parking infractions except those described in
paragraphs (a), (b), (c), (d), (e) and (f) of subdivision two of section
three hundred seventy-one of the general municipal law to a judicial
hearing officer [for all proceedings before the district court of Nassau
S. 5634--B 6
county] in accordance with the provisions of section sixteen hundred
ninety of the vehicle and traffic law.
S 8. Subdivision 1 of section 225 of the vehicle and traffic law, as
amended by chapter 173 of the laws of 1990, is amended to read as
follows:
1. Notwithstanding any inconsistent provision of law, all violations
of this chapter or of a law, ordinance, order, rule or regulation relat-
ing to traffic, except parking, standing, stopping or pedestrian
offenses, which occur within a city having a population of two hundred
thousand or more in which administrative tribunals have heretofore been
established, [or within that portion of Suffolk county for which a
district court has been established,] and which are classified as traf-
fic infractions, may be heard and determined pursuant to the regulations
of the commissioner as provided in this article. 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. Nothing herein provided shall be
construed to prevent a court, having jurisdiction 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 9. Subdivision 3 of section 99-a of the state finance law, as
amended by chapter 465 of the laws of 1998, is amended to read as
follows:
3. The comptroller is hereby authorized to implement alternative
procedures, including guidelines in conjunction therewith, relating to
the remittance of fines, penalties, forfeitures and other moneys by town
and village justice courts, and by the Nassau [county] AND SUFFOLK COUN-
TIES traffic and parking violations [agency] AGENCIES, to the justice
court fund and for the distribution of such moneys by the justice court
fund. Notwithstanding any law to the contrary, the alternative proce-
dures utilized may include:
a. electronic funds transfer;
b. remittance of funds by the justice court to the chief fiscal office
of the town or village, or, in the case of the Nassau [county] AND
SUFFOLK COUNTIES traffic and parking violations [agency] AGENCIES, to
the county treasurer, for distribution in accordance with instructions
by the comptroller; and/or
c. monthly, rather than quarterly, distribution of funds.
The comptroller may require such reporting and record keeping as he or
she deems necessary to ensure the proper distribution of moneys in
accordance with applicable laws. A justice court or the Nassau [county]
AND SUFFOLK COUNTIES traffic and parking violations [bureau] AGENCIES
may utilize these procedures only when permitted by the comptroller, and
such permission, once given, may subsequently be withdrawn by the comp-
troller on due notice.
S 10. Subdivision 2 of section 99-l of the general municipal law, as
amended by chapter 179 of the laws of 2000, is amended to read as
follows:
2. The [county] COUNTIES of Nassau AND SUFFOLK shall be entitled to
receive the amounts set forth in subdivision one of this section for the
services of [the Nassau] THEIR RESPECTIVE county traffic and parking
violations agency and for all services in each case of a parking
violation, instituted and triable in such agency, wherein a fine is
imposed, a surcharge of ten dollars.
S. 5634--B 7
S 11. Subdivision 2 of section 99-l of the general municipal law, as
added by chapter 261 of the laws of 1993, is amended to read as follows:
2. The [county] COUNTIES of Nassau AND SUFFOLK shall be entitled to
receive the amounts set forth in subdivision one of this section for the
services of [the Nassau] THEIR RESPECTIVE county traffic and parking
violations agency.
S 12. The vehicle and traffic law is amended by adding a new section
1809-f to read as follows:
S 1809-F. ADDITIONAL SURCHARGE FOR CERTAIN VIOLATIONS COMMITTED IN
SUFFOLK COUNTY. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHENEVER
PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR COURT OF SUFFOLK COUNTY
RESULTS IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER OTHER THAN A
CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER, OR
A TRAFFIC INFRACTION UNDER THIS CHAPTER, OR A LOCAL LAW, ORDINANCE, RULE
OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER, OTHER THAN A TRAFFIC
INFRACTION INVOLVING STANDING, STOPPING, OR PARKING OR VIOLATIONS BY
PEDESTRIANS OR BICYCLISTS, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF
AN OWNER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED
ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
ELEVEN-A AND SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER OR OTHER
THAN AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER OR OTHER
THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL
COLLECTION REGULATIONS PURSUANT TO SECTION TWO THOUSAND NINE HUNDRED
EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A,
SIXTEEN-B, AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE
LAWS OF NINETEEN HUNDRED FIFTY, THERE SHOULD BE LEVIED A MANDATORY
SURCHARGE IN ADDITION TO ANY OTHER SENTENCE, FINE OR PENALTY OTHERWISE
PERMITTED OR REQUIRED IN THE AMOUNT OF FIFTY DOLLARS.
2. THE MANDATORY SURCHARGE PROVIDED FOR IN SUBDIVISION ONE OF THIS
SECTION SHALL BE PAID TO THE CLERK OF THE COURT OR ADMINISTRATIVE TRIBU-
NAL THAT MADE THE DETERMINATION OF LIABILITY. WITHIN THE FIRST TEN DAYS
OF THE MONTH NEXT SUCCEEDING THE COLLECTION OF THE SURCHARGE, THE
COLLECTING AUTHORITY SHALL PAY SUCH MONEY TO THE CHIEF FISCAL OFFICER OF
SUFFOLK COUNTY.
S 13. Notwithstanding any provision of law to the contrary no non-ju-
dicial employee of the Suffolk county district court shall suffer a
diminution of salary, employment status or rights solely by operation of
this act provided that nothing herein shall limit the legal authority of
the chief administrator of the courts to supervise the administration
and operation of the unified court system.
S 14. The administrative judge of Suffolk county shall issue on an
annual basis, beginning eighteen months following the creation of the
Suffolk county traffic and parking violations agency pursuant to Suffolk
county local law, a report detailing the progress, development and oper-
ations of the traffic and parking violations agency. The report shall be
provided to the governor, the temporary president of the senate, the
speaker of the assembly, the Suffolk county executive, the legislature
of the county of Suffolk, the presiding judge of the Suffolk county
district court and the Suffolk county district attorney.
S 15. This act shall take effect immediately; provided, however, the
amendments to sections 370-a, subdivisions 2, 3 and 4 of section 371 and
section 374 of the general municipal law, the article heading of article
44-A and the section heading and subdivisions 1 and 4 of section 1690 of
the vehicle and traffic law and subdivision 5 of section 350.20 of the
criminal procedure law, as made by sections two, three, four, five, six
and seven of this act, respectively, shall take effect only in the event
S. 5634--B 8
that the county of Suffolk shall have by local law established a traffic
and parking violations agency; provided that the legislature of the
county of Suffolk shall notify the legislative bill drafting commission
upon the occurrence of the enactment of the legislation provided for in
sections two, three, four, five, six and seven of this act in order that
the commission may maintain an accurate and timely effective data base
of the official text of the laws of the state of New York in furtherance
of effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law; provided, however, that the
amendments to section 371 of the general municipal law made by section
three of this act shall not affect the expiration of such section and
shall be deemed to expire therewith; and provided that the amendments to
subdivision 2 of section 99-l of the general municipal law made by
section ten of this act shall be subject to the expiration and reversion
of such subdivision pursuant to section 6 of chapter 179 of the laws of
2000, as amended, when upon such date the provisions of section eleven
of this act shall take effect.
