Bill Text: NY A01922 | 2015-2016 | General Assembly | Introduced

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Bill Title: Precludes a local criminal court from issuing a warrant of arrest based on any simplified information when the defendant has not been arraigned and has not come under the control of the court with respect to the charges in the simplified information; provides that this formerly applied only to simplified traffic informations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A01922 Detail]

Download: New_York-2015-A01922-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1922
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 13, 2015
                                      ___________
       Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
         tee on Codes
       AN ACT to amend the criminal procedure law, in relation to issuance of a
         warrant of arrest when a criminal action has been commenced in a local
         criminal court by the filing of a simplified information
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 1 of section 120.20 of the criminal procedure
    2  law, as amended by chapter 506 of the laws of 2000, is amended  to  read
    3  as follows:
    4    1. When a criminal action has been commenced in a local criminal court
    5  by  the  filing  therewith  of  an  accusatory  instrument, other than a
    6  simplified [traffic] information, against a defendant who has  not  been
    7  arraigned  upon  such  accusatory  instrument and has not come under the
    8  control of the court with respect thereto:
    9    (a) such court may, if such accusatory instrument is sufficient on its
   10  face, issue a warrant for such defendant's arrest; or
   11    (b) if such accusatory instrument is not sufficient  on  its  face  as
   12  prescribed  in section 100.40, and if the court is satisfied that on the
   13  basis of the available facts or evidence it would be impossible to  draw
   14  and  file  an  accusatory instrument that is sufficient on its face, the
   15  court must dismiss the accusatory instrument.
   16    S 2. This act shall take effect on the first of November next succeed-
   17  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05217-01-5