Senate Bill S7427

2013-2014 Legislative Session

Allows for the removal of an action from one local criminal court to another local criminal court which has been designated a problem-solving court by the chief administrator of the courts

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

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Votes

2013-S7427 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง170.15, CP L

2013-S7427 (ACTIVE) - Summary

Allows for the removal of an action from one local criminal court to another local criminal court which has been designated a problem-solving court by the chief administrator of the courts.

2013-S7427 (ACTIVE) - Sponsor Memo

2013-S7427 (ACTIVE) - Bill Text download pdf

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

                                  7427

                            I N  S E N A T E

                              May 14, 2014
                               ___________

Introduced by Sen. NOZZOLIO -- (at request of the Office of Court Admin-
  istration)  --  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 removal of an
  action from one local criminal court to another local  criminal  court
  established as a problem-solving court

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

  Section 1. Subdivision 4 of section 170.15 of the  criminal  procedure
law, as amended by chapter 67 of the laws of 2000, is amended to read as
follows:
  4.  Notwithstanding  any provision of this section to the contrary, in
any county outside a city having a population of one  million  or  more,
upon or after arraignment of a defendant on an information, a simplified
information, a prosecutor's information or a misdemeanor complaint pend-
ing  in  a  local  criminal  court,  such  court may, upon motion of the
defendant and with the consent of the district attorney, order that  the
action  be  removed  from  the  court  in which the matter is pending to
another local criminal court in the same county which  has  been  desig-
nated  A PROBLEM-SOLVING COURT BY THE CHIEF ADMINISTRATOR OF THE COURTS,
INCLUDING BUT NOT LIMITED TO a drug court [by the chief administrator of
the courts] , MENTAL HEALTH COURT, VETERANS COURT, ADOLESCENT  DIVERSION
PART,  DOMESTIC  VIOLENCE  COURT,  HUMAN  TRAFFICKING COURT, SEX OFFENSE
COURT, OR COMMUNITY COURT, and such  [drug]  PROBLEM-SOLVING  court  may
then  conduct  such  action  to  judgement  or  other final disposition;
provided, however, that an order of removal issued under  this  subdivi-
sion  shall  not take effect until five days after the date the order is
issued unless, prior to such effective date, the [drug]  PROBLEM-SOLVING
court notifies the court that issued the order that:
  (a)  it will not accept the action, in which event the order shall not
take effect, or
  (b) it will accept the action on a date prior to such effective  date,
in which event the order shall take effect upon such prior date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13405-01-4
              

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