Directs the establishment of gun court calendars in criminal courts to hear cases involving unlawful gun possession and use and requires the expeditious scheduling of trials conducted therein; makes various provisions for the establishment of such calendar.

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S6262-2011 Actions

• Mar 13, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 13, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 18, 2012: REFERRED TO CODES

S6262-2011 Memo

BILL NUMBER:S6262

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to establishing gun
court calendars in the criminal courts

PURPOSE/SUMMARY OF PROVISIONS:
The bill would amend the New York State Criminal Procedure Law to
create a gun court calendar designed to exclusively hear gun related
cases. The presiding justice of the criminal court in the state shall
create a gun court calendar for the effected counties and shall
assign personnel to process all criminal cases tried by the court.
All trials assigned to the court will be scheduled within sixty days
of the completion of discovery. No continuances or postponements
shall be granted except for good cause shown. Necessary continuances
will be granted for the shortest practicable time. The goals of the
court are to reduce the number of gun cases and ensure that
perpetrators serve prison time.

JUSTIFICATION:
Findings indicate that there has been significant growth in the use of
firearms in the commission of violent crimes. According to New York
City police officials, guns were used in 34.2% of the 143,654
felonies committed in the City in 1993.

This constitutes:

*47,991 felonies committed involving handguns

*784 felonies committed involving shotguns

*145 felonies committed involving rifles

*254 felonies committed involving machine guns

Figures for the State are equally bleak. According to the New York
State Division of Criminal Justice Services, reported homicides
committed with guns in 1993 totaled 1,739. Also, it is estimated that
in 1994 over 9,600 individuals were arrested whose most serious
charge at arrest involved firearm and armed felony offenses. Many of
the shootings are drug or gang related and endanger law abiding
citizens. Additionally, many of the gun offenses are committed while
individuals are free on bail for other offenses. The growing number
of gun related offenses constitutes a burden upon the State of New
York and threatens the domestic tranquility of the State and its
people. Especially affected are residents of the urban areas where
these crimes are most prevalent. The Legislature recognizes that in
order to deter the use of firearms in the
commission of violent crime, and to protect the law abiding public,
there must be swift disposition of gun related offenses. By placing

repeat offenders prone to weapon use in jail within months of their
crime for a longer duration of time, crime will fall dramatically.
Similar legislation has been successfully implemented in Rhode Island
and has been supported by both the NRA and gun control groups.

EFFECTIVE DATE:
This act shall take effect thirty days after the date upon which it
shall have become a law.

S6262-2011 Text

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

                                    6262

                              I N  SENATE

                              January 18, 2012
                                 ___________

  Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
    printed to be committed to the Committee on Codes

  AN  ACT to amend the criminal procedure law, in relation to establishing
    gun court calendars in the criminal courts

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


    Section  1.  Legislative  intent.  The  legislature finds and declares
  that:

    (1) There has been significant growth in the use of  firearms  in  the
  commission of violent crimes.
    (2)  Many  of  the shootings are drug or gang related and endanger law
  abiding citizens.
    (3) Many of the gun offenses are committed while individuals are  free
  on bail for other offenses.
    (4)  The  growing  number of gun related offenses constitutes a burden
  upon the state of New York and threatens the domestic tranquility of the
  state and its people, especially residents  of  the  urban  areas  where
  these crimes are most prevalent.
    (5) In order to deter the use of firearms in the commission of violent
  crimes,  and  to  protect  the  law  abiding public, there must be swift
  disposition of gun related offenses in our courts, and there must be the
  certain prospect of prison terms for those who  are  convicted  of  such
  crimes.
    It  is therefore declared to be the policy of the state of New York to
  provide maximum safety and security to  its  people  from  unlawful  gun
  related  violence and intrusion upon their persons and property by expe-
  diting the processing and disposition of such cases and,  unless  other-
  wise provided, imposing prison terms that must be served.
    To accomplish this purpose in an effort to minimize delay in the proc-
  essing  of  criminal  cases  in  this  state  relating  to  the  illegal
  possession and use of guns and other dangerous weapons  there  shall  be
  established  a separate calendar within the jurisdiction of the criminal
  courts of this state  for  hearing  trial  and  disposition  of  actions

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07288-01-1

 S. 6262                             2

  brought  pursuant  to  the provisions of the penal law wherein a firearm
  was used during the commission of any crime contained therein.
    S  2.  The  criminal  procedure law is amended by adding a new section
  10.50 to read as follows:

  S 10.50 GUN COURT CALENDAR.
    1. EACH PRESIDING JUSTICE OF THE CRIMINAL COURTS OF THIS  STATE  SHALL
  CREATE  A  GUN  COURT  CALENDAR AND SHALL ASSIGN PERSONNEL TO THE EXTENT
  WARRANTED TO EXCLUSIVELY HEAR AND DECIDE ALL CRIMINAL ACTIONS  INVOLVING
  OFFENSES  WHEREIN A FIREARM WAS USED DURING THE COMMISSION OF ANY CRIME.
  SUCH CALENDAR SHALL BE REFERRED TO AS THE "GUN COURT  CALENDAR"  OF  THE
  CRIMINAL COURT FOR THE PURPOSES OF THE PROVISIONS OF THE PENAL LAW WHER-
  EIN  A  FIREARM  WAS  USED  DURING THE COMMISSION OF ANY CRIME CONTAINED
  THEREIN.
    2. ALL TRIALS IN THE CRIMINAL COURTS OF THIS STATE SCHEDULED FOR TRIAL
  ON THE GUN COURT CALENDAR SHALL BE COMMENCED WITHIN SIXTY  DAYS  OF  THE
  COMPLETION  OF  DISCOVERY NOTWITHSTANDING ANY OTHER PROVISION OF LAW. NO
  CONTINUANCES OR POSTPONEMENTS SHALL BE GRANTED  EXCEPT  FOR  GOOD  CAUSE
  SHOWN. SUCH CONTINUANCES AS ARE NECESSARY SHALL BE GRANTED FOR THE SHOR-
  TEST PRACTICABLE TIME.
    3.  UNDER NO CIRCUMSTANCES SHALL A DEFENDANT BE PERMITTED TO RELY UPON
  THE PROVISIONS OF THIS SECTION AS A BASIS FOR A DISMISSAL OF AN ACTION.
    S 3. This act shall take effect on the thirtieth day  after  it  shall
  have become a law.