Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 10, 2014 |
signed chap.555 |
Dec 30, 2013 |
delivered to governor |
Jun 21, 2013 |
returned to assembly passed senate 3rd reading cal.1663 substituted for s5839a |
Jun 21, 2013 |
substituted by a8071a ordered to third reading cal.1663 |
Jun 18, 2013 |
print number 5839a |
Jun 18, 2013 |
amend and recommit to rules |
Jun 17, 2013 |
referred to rules |
Senate Bill S5839A
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP, RFM) 24th Senate District
Archive: Last Bill Status Via A8071 - 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
Bill Amendments
2013-S5839 - Details
- See Assembly Version of this Bill:
- A8071
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add §170.80, CP L
2013-S5839 - Sponsor Memo
BILL NUMBER:S5839 TITLE OF BILL: An act to amend the criminal procedure law, in relation to the treatment of certain juveniles for certain prostitution offenses PURPOSE: Relates to proceedings regarding prostitution offenses committed by juveniles. SUMMARY OF SPECIFIC PROVISIONS: Section one amends the criminal procedure law by adding a new section 170.80, proceedings regarding certain prostitution offenses committed by juveniles. Section two is the effective date. JUSTIFICATION: When a person 16 or 17 years of age that has been arrested for violating provisions of section 230.00, 230.03 or 240.37 of the penal law, any, judge hearing any aspect of such a case shall treat and retain the case as a person in need of supervision proceeding for all purposes and shall have the authority to grant any relief available under the family court act, and any adverse finding in the case shall
2013-S5839 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5839 2013-2014 Regular Sessions I N S E N A T E June 17, 2013 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the criminal procedure law, in relation to the treatment of certain juveniles for certain prostitution offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The criminal procedure law is amended by adding a new section 170.80 to read as follows: S 170.80 PROCEEDINGS REGARDING CERTAIN PROSTITUTION OFFENSES COMMITTED BY JUVENILES. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON WHO IS SIXTEEN OR SEVENTEEN YEARS OF AGE HAS BEEN ARRESTED FOR VIOLATING THE PROVISIONS OF SECTION 230.00, 230.03 OR 240.37 OF THE PENAL LAW, ANY JUDGE HEARING ANY ASPECT OF SUCH A CASE SHALL TREAT AND RETAIN THE CASE AS A PERSON IN NEED OF SUPERVISION PROCEEDING FOR ALL PURPOSES AND SHALL HAVE THE AUTHORITY TO GRANT ANY RELIEF AVAILABLE UNDER THE FAMILY COURT ACT, AND ANY ADVERSE FINDING IN THE CASE SHALL BE AUTOMATICALLY EXPUNGED UPON THE PERSON'S EIGHTEENTH BIRTHDAY. S 2. This act shall take effect immediately and shall apply to all offenses committed on or after such effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11570-02-3
2013-S5839A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8071
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add §170.80, CP L
2013-S5839A (ACTIVE) - Sponsor Memo
BILL NUMBER:S5839A REVISED 6/21/13 TITLE OF BILL: An act to amend the criminal procedure law, in relation to the treatment of certain juveniles for certain prostitution offenses PURPOSE: This bill establishes special arrest procedures consistent with the Safe Harbour for Exploited Youth Act (the "Safe Harbor Act"), and provides that a 16- or 17- year old charged with a prostitution offense will be treated as a sexually exploited child and the criminal court judge will have the authority to order specialized services consistent with the Safe Harbor Act for such child. SUMMARY OF PROVISIONS: Section 1 amends section 120.90 of the Criminal Procedure Law to establish arrest procedures in the case of a warrant of arrest when a 16- or 17-year old is taken into custody for an act which would constitute prostitution under section 230.00 of the Penal Law or loitering for the purposes of prostitution under section 240.37(2) of the Penal Law. After performing without unnecessary delay all recording, fingerprinting and other preliminary police duties, a police officer shall bring the arrested person before a local criminal court and file an appropriate accusatory instrument. If the local criminal court is not in session, the arresting officer shall take the person to an available short-term safe house. A police office or peace
2013-S5839A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5839--A 2013-2014 Regular Sessions I N S E N A T E June 17, 2013 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, in relation to the treatment of certain juveniles for certain prostitution offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The criminal procedure law is amended by adding a new section 170.80 to read as follows: S 170.80 PROCEEDINGS REGARDING CERTAIN PROSTITUTION CHARGES; CERTAIN TEENAGERS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS ARRESTED FOR PROSTITUTION OR LOITERING FOR THE PURPOSES OF PROSTITUTION AND SUCH OFFENSE ALLEGEDLY OCCURRED WHEN THE PERSON WAS SIXTEEN OR SEVENTEEN YEARS OF AGE: 1. UNLESS, AFTER CONSULTATION WITH COUNSEL A KNOWING AND VOLUNTARY PLEA OF GUILTY HAS BEEN ENTERED TO SUCH CHARGE, ANY JUDGE OR JUSTICE HEARING ANY STAGE OF SUCH CASE MAY, UPON CONSENT OF THE DEFENDANT AFTER CONSULTATION WITH COUNSEL, CONVERT SUCH CHARGE AND RETAIN IT AS A PERSON IN NEED OF SUPERVISION PROCEEDING FOR ALL PURPOSES AND SHALL HAVE THE AUTHORITY TO GRANT ANY RELIEF AVAILABLE UNDER ARTICLE SEVEN OF THE FAMI- LY COURT ACT. 2. ANY ADVERSE FINDING AND ALL RECORDS OF THE INVESTIGATION AND PROCEEDINGS RELATING TO SUCH CHARGE SHALL BE PROMPTLY EXPUNGED UPON THE PERSON'S EIGHTEENTH BIRTHDAY OR THE CONCLUSION OF THE PROCEEDINGS ON THE CHARGE BEFORE THE COURT, WHICHEVER OCCURS LATER. IN THE EVENT OF A CONVICTION OR PLEA OF GUILTY TO SUCH CHARGE OR CHARGES OF PROSTITUTION OR LOITERING FOR THE PURPOSES OF PROSTITUTION AS DESCRIBED IN THE OPEN- ING PARAGRAPH AND SUBDIVISION ONE OF THIS SECTION, THE COURT MUST FIND THAT THE PERSON IS A YOUTHFUL OFFENDER AND PROCEED IN ACCORDANCE WITH EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11570-08-3
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