A10664-2011 Actions

• Oct 3, 2012: approval memo.18
• Oct 3, 2012: signed chap.476
• Sep 21, 2012: delivered to governor
• Jun 21, 2012: RETURNED TO ASSEMBLY
• Jun 21, 2012: PASSED SENATE
• Jun 21, 2012: 3RD READING CAL.343
• Jun 21, 2012: SUBSTITUTED FOR S6548A
• Jun 19, 2012: REFERRED TO RULES
• Jun 19, 2012: delivered to senate
• Jun 19, 2012: passed assembly
• Jun 18, 2012: ordered to third reading rules cal.341
• Jun 18, 2012: rules report cal.341
• Jun 18, 2012: reported
• Jun 14, 2012: reported referred to rules
• Jun 13, 2012: referred to codes

A10664-2011 Votes

A10664-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 10664
 I N  ASSEMBLY
 June 13, 2012
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein)
 -- read once and referred to the Committee on Codes
 

AN ACT to amend the criminal procedure law, in  relation  to  orders  of
 observation for the purpose of determining incapacitation
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.  Subdivision 2 of section 730.40 of the criminal  procedure
 law is amended to read as follows:

 2.  When  a  local criminal court has issued a final order of observa
 tion, it must dismiss the accusatory  instrument  filed  in  such  court
 against  the  defendant  and  such  dismissal  constitutes  a bar to any
 further prosecution of the charge or charges contained in such accusato
 ry instrument.  WHEN THE DEFENDANT IS IN THE CUSTODY OF THE COMMISSIONER
 PURSUANT TO A FINAL ORDER OF OBSERVATION THE  COMMISSIONER  MUST,  IMME
 DIATELY  UPON THE DISCHARGE OF THE DEFENDANT, CERTIFY TO SUCH COURT THAT
 HE OR SHE HAS COMPLIED WITH THE NOTICE PROVISIONS SET FORTH IN  SUBDIVI
 SION SIX OF SECTION 730.60 OF THIS ARTICLE. When the defendant is in the
 custody  of  the commissioner at the expiration of the period prescribed
 in a temporary order of observation, the proceedings in the local crimi
 nal court that issued such order shall terminate for  all  purposes  and
 the  commissioner  must promptly certify to such court and to the appro
 priate district attorney that the defendant was in his OR HER custody on
 such expiration date. Upon receipt of such certification, the court must
 dismiss the felony complaint filed against the defendant.
 

S 2. Paragraph (a) of subdivision 6 of section 730.60 of the  criminal
 procedure  law,  as  added  by  chapter 549 of the laws of 1980, and the
 opening paragraph as amended by chapter 440 of  the  laws  of  1987,  is
 amended to read as follows:

 (a) Notwithstanding any other provision of law, no person committed to
 the custody of the commissioner pursuant to this article, or continuous
 ly thereafter retained in such custody, shall be discharged, released on
 condition  or placed in any less secure facility or on any less restric
 tive status, including, but not  limited  to  vacations,  furloughs  and
 temporary  passes, unless the commissioner shall deliver written notice,
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14006-03-2
 
       A. 10664                            2
 at least four  days,  excluding  Saturdays,  Sundays  and  holidays,  in
 advance  of the change of such committed person's facility or status, OR
 IN THE CASE OF A PERSON COMMITTED PURSUANT TO A FINAL ORDER OF  OBSERVA
 TION  WRITTEN  NOTICE UPON DISCHARGE OF SUCH COMMITTED PERSON, to all of
 the following:

 (1) The district attorney of the county from  which  such  person  was
 committed;
 (2) The superintendent of state police;
 (3) The sheriff of the county where the facility is located;
 (4)  The  police  department having jurisdiction of the area where the
 facility is located;
 (5) Any person who may reasonably be expected to be the victim of  any
 assault  or  any violent felony offense, as defined in the penal law, OR
 ANY OFFENSE LISTED IN SECTION 530.11 OF THIS PART which would be carried
 out by the committed person;  PROVIDED THAT THE  PERSON  WHO  REASONABLY
 MAY  BE EXPECTED TO BE A VICTIM DOES NOT NEED TO BE A MEMBER OF THE SAME
 FAMILY OR HOUSEHOLD AS THE COMMITTED PERSON; and
 (6) Any other person the court may designate.
 Said notice may be given by any means reasonably  calculated  to  give
 prompt actual notice.
 

S 3. This act shall take effect immediately.

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