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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8360

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 15, 2019
                                       ___________

        Introduced  by M. of A. GALEF -- read once and referred to the Committee
          on Judiciary

        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 (x) to read as follows:
     3    (x) 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]  of  an
    18  adjoining  county,  to  a  court  in such adjoining county that has been
    19  designated as a human trafficking court or veterans treatment  court  by
    20  the  chief administrator of the courts, and such human trafficking court
    21  or veterans treatment court may then conduct such action to  [judgement]
    22  judgment  or other final deposition; provided, however, that the consent
    23  of the district attorney shall be required before the  court  may  order

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11046-01-9
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     1  removal  to  another  local  criminal court in the same county where the
     2  accused and the person alleged to be the victim of  an  offense  charged
     3  are  members  of  the same family or household as defined in subdivision
     4  one  of  section  530.11  of  this chapter; and provided further that an
     5  order of removal issued under this subdivision  shall  not  take  effect
     6  until five days after the date the order is issued unless, prior to such
     7  effective  date, the human trafficking court or veterans treatment court
     8  notifies the court that issued the order that:
     9    i. it will not accept the action, in which event the order  shall  not
    10  take effect; or
    11    ii.  it will accept the action on a date prior to such effective date,
    12  in which event the order shall take effect upon such prior date.
    13    (b) Upon providing notification pursuant to subparagraph i  or  ii  of
    14  paragraph (a) of this subdivision, the human trafficking court or veter-
    15  ans  treatment court shall promptly give notice to the defendant, his or
    16  her counsel, and the district attorney.
    17    § 3. Subdivision 4 of section 180.20 of the criminal procedure law, as
    18  added by chapter 191 of the laws of 2018, is amended to read as follows:
    19    4. (a) Notwithstanding any provision of this section to the  contrary,
    20  in any county outside a city having a population of one million or more,
    21  upon  or  after arraignment of a defendant on a felony complaint pending
    22  in a local criminal court having preliminary jurisdiction thereof,  such
    23  court  may,  upon  motion of the defendant and after giving the district
    24  attorney an opportunity to be heard, order that the  action  be  removed
    25  from  the court in which the matter is pending to another local criminal
    26  court in the same county, or with consent of the district  attorney  [to
    27  another  court  in] of an adjoining county, to a court in such adjoining
    28  county that has been designated as a human trafficking court or veterans
    29  treatment court by the chief administrator of the courts, and such human
    30  trafficking court or veterans treatment  court  may  then  conduct  such
    31  action  to  judgment or other final disposition; provided, however, that
    32  the consent of the district attorney shall be required before the  court
    33  may  order  removal  to  another local criminal court in the same county
    34  where the accused and the person alleged to be the victim of an  offense
    35  charged are members of the same family or household as defined in subdi-
    36  vision  one  of  section 530.11 of this chapter; and provided further an
    37  order of removal issued under this subdivision  shall  not  take  effect
    38  until five days after the date the order is issued unless, prior to such
    39  effective  date, the human trafficking court or veterans treatment court
    40  notifies the court that issued the order that:
    41    i. it will not accept the action, in which event the order  shall  not
    42  take effect; or
    43    ii.  it will accept the action on a date prior to such effective date,
    44  in which event the order shall take effect upon such prior date.
    45    (b) Upon providing notification pursuant to subparagraph i  or  ii  of
    46  paragraph (a) of this subdivision, the human trafficking court or veter-
    47  ans  treatment court shall promptly give notice to the defendant, his or
    48  her counsel and the district attorney.
    49    § 4. The criminal procedure law is amended by  adding  a  new  section
    50  230.21 to read as follows:
    51  § 230.21 Removal of action to an adjoining county.
    52    1.  In any county outside a city having a population of one million or
    53  more, the court may, upon motion of the defendant and after  giving  the
    54  district  attorney  an  opportunity to be heard, and with consent of the
    55  district attorney of an adjoining  county  that  has  a  superior  court
    56  designated  a veterans treatment court by the chief administrator of the
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     1  courts, order that the indictment and action be removed from  the  court
     2  in  which the matter is pending to such veterans treatment court, where-
     3  upon such court may then conduct such action to judgment or other  final
     4  disposition;  provided, however, that the consent of the district attor-
     5  ney of the county in which the action and indictment are  pending  shall
     6  be  required  before  the  court  may  order removal hereunder where the
     7  accused and the person alleged to be the victim of  an  offense  charged
     8  are  members  of  the same family or household as defined in subdivision
     9  one of section 530.11 of this chapter;  and  provided  further  that  an
    10  order  of  removal  issued  under this subdivision shall not take effect
    11  until five days after the date the order is issued unless, prior to such
    12  effective date, the veterans treatment court  notifies  the  court  that
    13  issued the order that:
    14    (a)  it will not accept the action, in which event the order shall not
    15  take effect, or
    16    (b) it will accept the action on a date prior to such effective  date,
    17  in which event the order shall take effect upon such prior date.
    18    2.  Upon  providing  notification  pursuant to paragraph (a) or (b) of
    19  subdivision one of this section,  the  veterans  treatment  court  shall
    20  promptly  give  notice  to  the  defendant,  his  or her counsel and the
    21  district attorney of both counties.
    22    § 5. This act shall take effect immediately.