Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 28, 2009 |
signed chap.263 |
Jul 17, 2009 |
delivered to governor |
Jun 22, 2009 |
returned to senate passed assembly ordered to third reading rules cal.569 substituted for a6921 |
Jun 01, 2009 |
referred to codes delivered to assembly passed senate |
May 18, 2009 |
advanced to third reading |
May 13, 2009 |
2nd report cal. |
May 12, 2009 |
1st report cal.328 |
Mar 31, 2009 |
reported and committed to veterans, homeland security and military affairs |
Mar 04, 2009 |
referred to judiciary |
Senate Bill S2849
Signed By Governor2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - Signed by Governor
- 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
2009-S2849 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6921
- Law Section:
- Judiciary Law
- Laws Affected:
- Rpld §§8 - 12, add §8 amd §211, Judy L
2009-S2849 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2849 TITLE OF BILL : An act to amend the judiciary law, in relation to the emergency relocation of terms of courts; and to repeal certain provisions of the judiciary law relating thereto This measure is being introduced at the request of the Judiciary to help modernize the Judiciary's emergency response system. In 1909, the Legislature enacted emergency means to temporarily relocate courts if war, disease or other disruption, or the threat of disruption, were to prevent the safe holding of court. See Judiciary Law §§8-12. This statutory scheme, effectively unchanged for a century, distributes the emergency relocation power among the Governor, New York City Mayor and a variety of judges, and in all instances constrains emergency court relocations to within each court's geographical "district." Thus, under current law: * the Governor may relocate a court outside New York City to another location within "its district" (Judiciary Law §8); * if the Governor has not acted, the presiding judge of a court of record may relocate it to another location in its "district," in which case the governor cannot appoint another location (Judiciary Law §9);
2009-S2849 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2849 2009-2010 Regular Sessions I N S E N A T E March 4, 2009 ___________ Introduced by Sen. SAMPSON -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the judiciary law, in relation to the emergency relo- cation of terms of courts; and to repeal certain provisions of the judiciary law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Sections 8, 9, 10, 11 and 12 of the judiciary law are REPEALED and a new section 8 is added to read as follows: S 8. EMERGENCY RELOCATIONS OF COURT TERMS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF AN EMERGENCY OR OTHER EXIGENT CIRCUMSTANCE OR THE IMMINENT THREAT THEREOF PREVENTS THE SAFE AND PRACTICABLE HOLDING OF A TERM OF ANY COURT AT THE LOCATION DESIGNATED BY LAW THEREFOR, THEN: A. THE GOVERNOR, AFTER CONSULTATION WITH THE CHIEF JUDGE OR HIS OR HER DESIGNEE IF PRACTICABLE, MAY BY EXECUTIVE ORDER APPOINT ANOTHER LOCATION FOR THE TEMPORARY HOLDING OF SUCH TERM IF IT IS A TERM OF A TRIAL COURT; OR B. WHERE THE GOVERNOR HAS NOT ACTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION, OR IF IT IS A TERM OF A COURT OTHER THAN A TRIAL COURT, THE CHIEF JUDGE OR HIS OR HER DESIGNEE (OR THE PRESIDING JUSTICE OF AN APPELLATE DIVISION OR HIS OR HER DESIGNEE IF IT IS A TERM OF SUCH APPEL- LATE DIVISION OR OF AN APPELLATE TERM ESTABLISHED IN THE JUDICIAL DEPARTMENT SERVED BY SUCH APPELLATE DIVISION) MAY BY ORDER APPOINT ANOTHER LOCATION FOR THE TEMPORARY HOLDING OF SUCH TERM; EXCEPT THAT, WHERE THE COURT IS A TRIAL COURT, NOTHING IN THIS PARAGRAPH SHALL PREVENT THE ISSUANCE OF A SUPERSEDING ORDER PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION. 2. TO THE EXTENT PRACTICABLE, AN ORDER PURSUANT TO SUBDIVISION ONE OF THIS SECTION: A. SHALL DESIGNATE THE MOST PROXIMATE LOCATION IN WHICH SUCH TERM OF COURT SAFELY AND PRACTICABLY CAN BE HELD, WITHOUT LIMITATION BASED ON THE JUDICIAL DEPARTMENT, JUDICIAL DISTRICT, COUNTY, CITY, TOWN, VILLAGE OR OTHER GEOGRAPHICAL DISTRICT FOR WHICH SUCH COURT WAS ESTABLISHED;
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