Bill Text: NY A08360 | 2019-2020 | General Assembly | Amended


Bill Title: Authorizes the chief administrator of the courts to establish veterans treatment courts; and relates to the removal of certain actions to veterans treatment courts.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-30 - print number 8360a [A08360 Detail]

Download: New_York-2019-A08360-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         8360--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 15, 2019
                                       ___________

        Introduced  by M. of A. GALEF -- read once and referred to the Committee
          on Judiciary -- recommitted to the Committee on Judiciary  in  accord-
          ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN  ACT to amend the judiciary law, in relation to authorizing the chief
          administrator of the courts to establish  veterans  treatment  courts;
          and to amend the criminal procedure law, in relation to the removal of
          certain actions to veterans treatment courts

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of  section  212  of  the  judiciary  law  is
     2  amended by adding a new paragraph (aa) to read as follows:
     3    (aa)  To  the  extent  practicable,  establish such number of veterans
     4  treatment courts as may be necessary to fulfill the purposes of subdivi-
     5  sion four of section 170.15 and subdivision three of section  180.20  of
     6  the criminal procedure law.
     7    § 2. Subdivision 5 of section 170.15 of the criminal procedure law, as
     8  added by chapter 191 of the laws of 2018, is amended to read as follows:
     9    5.  (a) Notwithstanding any provision of this section to the contrary,
    10  in any county outside a city having a population of one million or more,
    11  upon or after arraignment of a defendant on an information, a simplified
    12  information, a prosecutor's information or a misdemeanor complaint pend-
    13  ing in a local criminal court,  such  court  may,  upon  motion  of  the
    14  defendant  [and  after giving the district attorney an opportunity to be
    15  heard, order that the action be removed from  the  court  in  which  the
    16  matter is pending to another local criminal court in the same county, or
    17  with  consent  of the district attorney to another court in an adjoining
    18  county, that has been designated as a human  trafficking  court  by  the
    19  chief  administrator of the courts, and such human trafficking court] to
    20  remove the action to a court in an adjoining county that has been desig-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11046-07-9

        A. 8360--A                          2

     1  nated as a human trafficking court or veterans treatment  court  by  the
     2  chief  administrator of the courts, and after giving the district attor-
     3  ney an opportunity to be heard and with  the  consent  of  the  district
     4  attorney  of the adjoining county, order that the action be removed from
     5  the court in which the matter is pending to such human trafficking court
     6  or veterans treatment court, whereupon such court may then conduct  such
     7  action  to  [judgement]  judgment  or  other final deposition; provided,
     8  however, that the consent of the district  attorney  of  the  county  in
     9  which the action and indictment are pending shall be required before the
    10  court  may  order  removal  hereunder  where  the accused and the person
    11  alleged to be the victim of an offense charged are members of  the  same
    12  family  or  household as defined in subdivision one of section 530.11 of
    13  this chapter; and provided further that an order of removal issued under
    14  this subdivision shall not take effect until five days  after  the  date
    15  the  order  is  issued  unless,  prior to such effective date, the human
    16  trafficking court or veterans treatment court notifies  the  court  that
    17  issued the order that:
    18    i.  it  will not accept the action, in which event the order shall not
    19  take effect; or
    20    ii. it will accept the action on a date prior to such effective  date,
    21  in which event the order shall take effect upon such prior date.
    22    (b)  Upon  providing  notification pursuant to subparagraph i or ii of
    23  paragraph (a) of this subdivision, the human trafficking court or veter-
    24  ans treatment court shall promptly give notice to the defendant, his  or
    25  her counsel, and the district attorney.
    26    § 3. Subdivision 4 of section 180.20 of the criminal procedure law, as
    27  added by chapter 191 of the laws of 2018, is amended to read as follows:
    28    4.  (a) Notwithstanding any provision of this section to the contrary,
    29  in any county outside a city having a population of one million or more,
    30  upon or after arraignment of a defendant on a felony  complaint  pending
    31  in  a local criminal court having preliminary jurisdiction thereof, such
    32  court may, upon motion of the defendant and after  giving  the  district
    33  attorney  an  opportunity  to be heard, order that the action be removed
    34  from the court in which the matter is pending to another local  criminal
    35  court  in  the same county, or with consent of the district attorney [to
    36  another court in] of an adjoining county, to a court in  such  adjoining
    37  county that has been designated as a human trafficking court or veterans
    38  treatment court by the chief administrator of the courts, and such human
    39  trafficking  court  or  veterans  treatment  court may then conduct such
    40  action to judgment or other final disposition; provided,  however,  that
    41  the  consent  of the district attorney of the county in which the action
    42  is pending shall be required before the court may  order  removal  here-
    43  under  where  the  accused and the person alleged to be the victim of an
    44  offense charged are members of the same family or household  as  defined
    45  in  subdivision  one  of  section  530.11  of this chapter; and provided
    46  further an order of removal issued under this subdivision shall not take
    47  effect until five days after the date the order is issued unless,  prior
    48  to  such  effective date, the human trafficking court or veterans treat-
    49  ment court notifies the court that issued the order that:
    50    i. it will not accept the action, in which event the order  shall  not
    51  take effect; or
    52    ii.  it will accept the action on a date prior to such effective date,
    53  in which event the order shall take effect upon such prior date.
    54    (b) Upon providing notification pursuant to subparagraph i  or  ii  of
    55  paragraph (a) of this subdivision, the human trafficking court or veter-

        A. 8360--A                          3

     1  ans  treatment court shall promptly give notice to the defendant, his or
     2  her counsel and the district attorney.
     3    §  4.  The  criminal  procedure law is amended by adding a new section
     4  230.21 to read as follows:
     5  § 230.21 Removal of action to an adjoining county.
     6    1. In any county outside a city having a population of one million  or
     7  more,  the  court may, upon motion of the defendant and after giving the
     8  district attorney an opportunity to be heard, and with  consent  of  the
     9  district  attorney  of  an  adjoining  county  that has a superior court
    10  designated a human trafficking court or veterans treatment court by  the
    11  chief  administrator of the courts, order that the indictment and action
    12  be removed from the court in which the matter is pending to  such  human
    13  trafficking  court or veterans treatment court, whereupon such court may
    14  then conduct  such  action  to  judgment  or  other  final  disposition;
    15  provided,  however,  that  the  consent  of the district attorney of the
    16  county in which the action and indictment are pending shall be  required
    17  before  the  court may order removal hereunder where the accused and the
    18  person alleged to be the victim of an offense charged are members of the
    19  same family or household as defined in subdivision one of section 530.11
    20  of this chapter; and provided further that an order  of  removal  issued
    21  under  this  subdivision shall not take effect until five days after the
    22  date the order is issued unless, prior to such effective date, the human
    23  trafficking court or veterans treatment court notifies  the  court  that
    24  issued the order that:
    25    (a)  it will not accept the action, in which event the order shall not
    26  take effect, or
    27    (b) it will accept the action on a date prior to such effective  date,
    28  in which event the order shall take effect upon such prior date.
    29    2.  Upon  providing  notification  pursuant to paragraph (a) or (b) of
    30  subdivision one of this section, the human trafficking court or veterans
    31  treatment court shall promptly give notice to the defendant, his or  her
    32  counsel and the district attorney of both counties.
    33    § 5. This act shall take effect immediately.
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