Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 09, 2014 |
referred to codes delivered to assembly passed senate |
May 28, 2014 |
advanced to third reading |
May 21, 2014 |
2nd report cal. |
May 20, 2014 |
1st report cal.832 |
May 06, 2014 |
reported and committed to finance |
Jan 23, 2014 |
print number 1879a |
Jan 23, 2014 |
amend (t) and recommit to alcoholism and drug abuse |
Jan 08, 2014 |
referred to alcoholism and drug abuse returned to senate died in assembly |
Jun 04, 2013 |
referred to codes delivered to assembly passed senate |
Jun 03, 2013 |
advanced to third reading |
May 30, 2013 |
2nd report cal. |
May 29, 2013 |
1st report cal.788 |
Apr 23, 2013 |
reported and committed to finance |
Jan 09, 2013 |
referred to alcoholism and drug abuse |
Senate Bill S1879A
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
Votes
Bill Amendments
2013-S1879 - Details
2013-S1879 - Summary
Relates to the judicial diversion program for alcohol and substance abuse offenders; requires court to consider, review and document evidence relating to a defendant's propensity for violent conduct prior to ordering such defendant into a judicial diversion program; establishes the crime of unauthorized departure from a rehabilitation facility.
2013-S1879 - Sponsor Memo
BILL NUMBER:S1879 TITLE OF BILL: An act to amend the criminal procedure law, in relation to the judicial diversion program for alcohol and substance abuse offenders and to amend the penal law, in relation to the crime of unauthorized departure from a rehabilitation facility PURPOSE OR GENERAL IDEA OF BILL: To increase safety and security at alcohol and substance abuse treatment facilities that are utilized for judicial diversion programs. SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends subdivision 4 of section 216.05 of the Criminal Procedure Law to require that when the placement of an individual in a judicial diversion program for drug and/or substance abuse is being considered, the court must take into consideration the propensity of the individual to engage in future violent conduct. This section also amends subdivisions 5 and 8 as well as paragraph (a) of subdivision 9, of section 216.05 of the Criminal Procedure Law, to allow for defendants, at the sole discretion of the court, to make court appearances by video conference. Section 2: Amends section 216.05 of the Criminal Procedure Law by
2013-S1879 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1879 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Drug Abuse AN ACT to amend the criminal procedure law, in relation to the judicial diversion program for alcohol and substance abuse offenders and to amend the penal law, in relation to the crime of unauthorized depar- ture from a rehabilitation facility THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 4, 5, 8 and paragraph (a) of subdivision 9 of section 216.05 of the criminal procedure law, as added by section 4 of part AAA of chapter 56 of the laws of 2009, subdivision 8 as amended by chapter 347 of the laws of 2012, are amended to read as follows: 4. When an authorized court, AFTER CONSIDERING THE UNDERLYING CHARGES AND THE PROPENSITY OR LACK THEREOF FOR VIOLENT CONDUCT OF THE DEFENDANT, AND AFTER REVIEWING OR HEARING ONE OR MORE WRITTEN OR ORAL OPINIONS FROM A LICENSED PSYCHOLOGIST OR PSYCHIATRIST AS TO THE PROPENSITY OF THE DEFENDANT FOR FUTURE VIOLENT CONDUCT, AND AFTER MAKING AN ON-THE-RECORD DETERMINATION AS TO THE REASONS WHY, BASED ON ALL EVIDENCE, determines, pursuant to paragraph (b) of subdivision three of this section, that an eligible defendant should be offered alcohol or substance abuse treat- ment, or when the parties and the court agree to an eligible defendant's participation in alcohol or substance abuse treatment, an eligible defendant may be allowed to participate in the judicial diversion program offered by this article. Prior to the court's issuing an order granting judicial diversion, the eligible defendant shall be required to enter a plea of guilty to the charge or charges; provided, however, that no such guilty plea shall be required when: (a) the people and the court consent to the entry of such an order without a plea of guilty; or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02810-01-3
co-Sponsors
(R, C, IP) Senate District
(R) Senate District
(D) Senate District
(D) 22nd Senate District
2013-S1879A (ACTIVE) - Details
2013-S1879A (ACTIVE) - Summary
Relates to the judicial diversion program for alcohol and substance abuse offenders; requires court to consider, review and document evidence relating to a defendant's propensity for violent conduct prior to ordering such defendant into a judicial diversion program; establishes the crime of unauthorized departure from a rehabilitation facility.
2013-S1879A (ACTIVE) - Sponsor Memo
BILL NUMBER:S1879A TITLE OF BILL: An act to amend the criminal procedure law, in relation to the judicial diversion program for alcohol and substance abuse offenders; and to amend the penal law, in relation to the crime of unauthorized departure from a rehabilitation facility PURPOSE OR GENERAL IDEA OF BILL: To increase safety and security at alcohol and substance abuse treatment facilities that are utilized for judicial diversion programs. SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends subdivision 4 of section 216.05 of the Criminal Procedure Law to require that when the placement of an individual in a judicial diversion program for drug and/or substance abuse is being considered, the court must take into consideration the propensity of the individual to engage in future violent conduct. This section also amends subdivisions 5 and 8 as well as paragraph (a) of subdivision 9, of section 216.05 of the Criminal Procedure Law, to allow for defendants, at the sole discretion of the court, to make court appearances by video conference. Section 2: Amends section 216.05 of the Criminal Procedure Law by
2013-S1879A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1879--A 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Drug Abuse -- recommitted to the Committee on Alcoholism and Drug Abuse in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the criminal procedure law, in relation to the judicial diversion program for alcohol and substance abuse offenders; and to amend the penal law, in relation to the crime of unauthorized depar- ture from a rehabilitation facility THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 4, 5, 8 and paragraph (a) of subdivision 9 of section 216.05 of the criminal procedure law, as added by section 4 of part AAA of chapter 56 of the laws of 2009, subdivision 8 as amended by chapter 347 of the laws of 2012, are amended to read as follows: 4. When an authorized court, AFTER CONSIDERING THE UNDERLYING CHARGES AND THE PROPENSITY OR LACK THEREOF FOR VIOLENT CONDUCT OF THE DEFENDANT, AND AFTER REVIEWING OR HEARING ONE OR MORE WRITTEN OR ORAL OPINIONS FROM A LICENSED PSYCHOLOGIST OR PSYCHIATRIST AS TO THE PROPENSITY OF THE DEFENDANT FOR FUTURE VIOLENT CONDUCT, AND AFTER MAKING AN ON-THE-RECORD DETERMINATION AS TO THE REASONS WHY, BASED ON ALL EVIDENCE, determines, pursuant to paragraph (b) of subdivision three of this section, that an eligible defendant should be offered alcohol or substance abuse treat- ment, or when the parties and the court agree to an eligible defendant's participation in alcohol or substance abuse treatment, an eligible defendant may be allowed to participate in the judicial diversion program offered by this article. Prior to the court's issuing an order granting judicial diversion, the eligible defendant shall be required to EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02810-02-4
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