2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 150 - The Appearance Ticket › 150.20 - Appearance Ticket; When and by Whom Issuable.

§ 150.20 Appearance ticket; when and by whom issuable.
1.  * (a)  Whenever a police officer is authorized pursuant to section
140.10 of this title 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, or other than
where an arrest is required to be made pursuant to subdivision  four  of
section  140.10  of  this title, the officer shall, except as set out in
paragraph  (b)  of  this  subdivision,  subject  to  the  provisions  of
subdivisions  three  and  four  of section 150.40 of this title, instead
issue to and serve upon such person an appearance ticket.
* NB Effective until September 1, 2024
* (a) Whenever a police officer  is  authorized  pursuant  to  section
140.10 of this title 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,
former  section  130.40, section 205.10, 205.17, 205.19 or 215.56 of the
penal law, or other than where an arrest is required to be made pursuant
to subdivision four of section 140.10 of this title, the officer  shall,
except  as  set out in paragraph (b) of this subdivision, subject to the
provisions of subdivisions three and four  of  section  150.40  of  this
title, instead issue to and serve upon such person an appearance ticket.
* NB Effective September 1, 2024
(b) An officer is not required to issue an appearance ticket if:
(i)  the  person  has  one or more outstanding local criminal court or
superior court warrants;
(ii) the person has failed to appear in court proceedings in the  last
two years;
(iii) the person has been given a reasonable opportunity to make their
verifiable  identity  and a method of contact known, and has been unable
or unwilling to do so, so  that  a  custodial  arrest  is  necessary  to
subject  the  individual  to  the  jurisdiction  of  the  court. For the
purposes of this section, an officer may  rely  on  various  factors  to
determine  a  person's  identity,  including but not limited to personal
knowledge  of  such  person,  such  person's   self-identification,   or
photographic  identification.  There  is  no  requirement  that a person
present photographic identification in order to be issued an  appearance
ticket  in  lieu  of  arrest  where  the  person's identity is otherwise
verifiable; however, if offered by such person, an officer shall  accept
as  evidence  of  identity  the  following:  a valid driver's license or
non-driver identification card  issued  by  the  commissioner  of  motor
vehicles,   the   federal   government,  any  United  States  territory,
commonwealth or possession, the District of Columbia, a state government
or municipal  government  within  the  United  States  or  a  provincial
government  of  the  dominion  of Canada; a valid passport issued by the
United States government or any other country;  an  identification  card
issued  by the armed forces of the United States; a public benefit card,
as defined in paragraph (a) of subdivision one of section 158.00 of  the
penal law;
(iv)  the  person  is charged with a crime between members of the same
family or household, as defined in subdivision one of section 530.11  of
this chapter;
(v)  the  person is charged with a crime defined in article 130 of the
penal law;
(vi) it reasonably appears the person should  be  brought  before  the
court  for consideration of issuance of an order of protection, pursuant
to section 530.13 of this chapter, based on the facts of  the  crime  or
offense that the officer has reasonable cause to believe occurred;
(vii)  the  person  is  charged  with  a crime for which the court may
suspend or revoke his or her driver license;
(viii) it reasonably appears to the officer,  based  on  the  observed
behavior  of  the individual in the present contact with the officer and
facts regarding the person's condition that indicates a sign of distress
to such a degree that the  person  would  face  harm  without  immediate
medical or mental health care, that bringing the person before the court
would  be  in  such person's interest in addressing that need; provided,
however, that before making the  arrest,  the  officer  shall  make  all
reasonable   efforts  to  assist  the  person  in  securing  appropriate
services;
(ix) the person is eighteen years of age or  older  and  charged  with
criminal  possession of a weapon on school grounds as defined in section
265.01-a of the penal law;
(x) the person is eighteen years of age or older and  charged  with  a
hate crime as defined in section 485.05 of the penal law; or
(xi)  the offense is a qualifying offense pursuant to paragraph (t) of
subdivision four of section 510.10  of  this  chapter,  or  pursuant  to
paragraph (t) of subdivision four of section 530.40 of this chapter.
2.  (a)  Whenever,  pursuant to section 140.10 of this title, 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 or other  than
where  an arrest was required to be made pursuant to subdivision four of
section 140.10 of this title, 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 of this title, and such peace
officer has requested a police officer to  issue  and  serve  upon  such
arrested  person  an  appearance  ticket pursuant to subdivision four of
section 140.27 of this title, 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 such person has been delivered to the custody of an  appropriate
police  officer  pursuant  to  section 140.40 of this title, 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.
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.