A 8133: 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.

  
  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 in which event the charge shall be disposed of pursuant to the applica- 21 ble provisions of law, as though no proceedings occurred pursuant to 22 this subparagraph. If upon receipt of the aforesaid application such 23 court shall deny such application, the court shall thereupon inform the 24 defendant of this fact and that the defendant is required to appear 25 before such court at a stated time and place to answer the charge which 26 shall thereafter be disposed of pursuant to the applicable provisions of 27 law. 28 § 2. Paragraph (a) of subdivision 2 of section 340.20 of the criminal 29 procedure law, as amended by chapter 430 of the laws of 1974, is amended 30 and a new paragraph (c) is added to read as follows: 31 (a) Subject to the provisions of [paragraph] paragraphs (b) and (c) 32 of this subdivision, a plea to an information must be entered orally by 33 the defendant in person unless the court permits entry thereof by coun- 34 sel upon the filing by [him] such defendant of a written and subscribed 35 statement by the defendant declaring that [he waives his] such defendant 36 waives their right to plead to the information in person and authorizing 37 [his] the defendant's attorney to enter a plea on [his] the defendant's 38 behalf as set forth in the authorization. 39 (c) If the only offense or offenses charged is a violation of a local 40 zoning ordinance or local zoning law or of a building or sanitation code 41 and such violation is punishable by a penalty of no greater than five 42 hundred dollars, the procedure provided in section 170.10 of this part, 43 relating to pleas in such cases, is, when appropriate, applicable and 44 controlling. 45 § 3. This act shall take effect immediately.