Assembly Bill A582

2013-2014 Legislative Session

Precludes local criminal court from issuing a warrant of arrest based on any simplified information when the defendant has not been arraigned

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2013-A582 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §120.20, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2507
2011-2012: A3354
2015-2016: A1922
2017-2018: A799
2019-2020: A4092
2021-2022: A1522
2023-2024: A643

2013-A582 (ACTIVE) - Summary

Precludes a local criminal court from issuing a warrant of arrest based on any simplified information when the defendant has not been arraigned and has not come under the control of the court with respect to the charges in the simplified information; provides that this formerly applied only to simplified traffic informations.

2013-A582 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   582

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the criminal procedure law, in relation to issuance of a
  warrant of arrest when a criminal action has been commenced in a local
  criminal court by the filing of a simplified information

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

  Section  1.  Subdivision 1 of section 120.20 of the criminal procedure
law, as amended by chapter 506 of the laws of 2000, is amended  to  read
as follows:
  1. When a criminal action has been commenced in a local criminal court
by  the  filing  therewith  of  an  accusatory  instrument, other than a
simplified [traffic] information, against a defendant who has  not  been
arraigned  upon  such  accusatory  instrument and has not come under the
control of the court with respect thereto:
  (a) such court may, if such accusatory instrument is sufficient on its
face, issue a warrant for such defendant's arrest; or
  (b) if such accusatory instrument is not sufficient  on  its  face  as
prescribed  in section 100.40, and if the court is satisfied that on the
basis of the available facts or evidence it would be impossible to  draw
and  file  an  accusatory instrument that is sufficient on its face, the
court must dismiss the accusatory instrument.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01300-01-3

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.