Section 150.20. Appearance ticket; when and by whom issuable  


Latest version.
  • 1.  Whenever a police officer is authorized pursuant to section 140.10
      to arrest a person without a warrant for an offense other than  a  class
      A,  B,  C  or D felony or a violation of section 130.25, 130.40, 205.10,
      205.17, 205.19 or 215.56 of the  penal  law,  he  may,  subject  to  the
      provisions  of  subdivisions  three  and four of section 150.40, instead
      issue to and serve upon such person an appearance ticket.
        2. (a)  Whenever a police officer has  arrested  a  person  without  a
      warrant  for  an  offense  other  than  a class A, B, C or D felony or a
      violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of
      the penal law pursuant to section 140.10,    or  (b)  whenever  a  peace
      officer, who is not authorized by law to issue an appearance ticket, has
      arrested  a person for an offense other than a class A, B, C or D felony
      or a violation of section 130.25,  130.40,  205.10,  205.17,  205.19  or
      215.56  of the penal law pursuant to section 140.25, and has requested a
      police  officer  to  issue  and  serve  upon  such  arrested  person  an
      appearance ticket pursuant to subdivision four of section 140.27, or (c)
      whenever a person has been arrested for an offense other than a class A,
      B,  C  or  D  felony  or  a violation of section 130.25, 130.40, 205.10,
      205.17, 205.19 or 215.56 of the penal law and has been delivered to  the
      custody  of  an  appropriate  police officer pursuant to section 140.40,
      such police officer may, instead of bringing such person before a  local
      criminal  court  and  promptly  filing  or  causing  the arresting peace
      officer or arresting person to file a local  criminal  court  accusatory
      instrument  therewith, issue to and serve upon such person an appearance
      ticket.  The issuance and service of an  appearance  ticket  under  such
      circumstances may be conditioned upon a deposit of pre-arraignment bail,
      as provided in section 150.30.
        3.    A  public  servant other than a police officer, who is specially
      authorized by state law or local law enacted pursuant to the  provisions
      of  the  municipal  home  rule law to issue and serve appearance tickets
      with respect to designated offenses other  than  class  A,  B,  C  or  D
      felonies or violations of section 130.25, 130.40, 205.10, 205.17, 205.19
      or  215.56  of  the  penal law, may in such cases issue and serve upon a
      person an appearance ticket when he has reasonable cause to believe that
      such person has committed a crime, or has committed a petty  offense  in
      his presence.