Bill Text: NY S01957 | 2021-2022 | General Assembly | Amended
Bill Title: Authorizes the chief administrator of the courts to establish veterans treatment courts; relates to the removal of certain actions to veterans treatment courts.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Introduced - Dead) 2021-03-24 - SUBSTITUTED BY A5719A [S01957 Detail]
Download: New_York-2021-S01957-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1957--A Cal. No. 409 2021-2022 Regular Sessions IN SENATE January 16, 2021 ___________ Introduced by Sens. HOYLMAN, ADDABBO, BIAGGI, BROOKS, GOUNARDES, HARCK- HAM, RIVERA, THOMAS -- read twice and ordered printed, and when print- ed to be committed to the Committee on Judiciary -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 (bb) to read as follows: 3 (bb) To the extent practicable, establish such number of veterans 4 treatment courts as may be necessary to fulfill the purposes of subdivi- 5 sion five of section 170.15, subdivision four of section 180.20, section 6 230.11 and section 230.21 of 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 and the district attorney of the 18 adjoining county to another court in [an] such adjoining county, that 19 has been designated as a human trafficking court or veterans treatment EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02732-10-1S. 1957--A 2 1 court by the chief administrator of the courts, and such human traffick- 2 ing court or veterans treatment court may then conduct such action to 3 [judgement] judgment or other final deposition; provided, however, that 4 no court may order removal pursuant to this subdivision to a veterans 5 treatment court of a family offense charge described in subdivision one 6 of section 530.11 of this chapter where the accused and the person 7 alleged to be the victim of such offense charged are members of the same 8 family or household as defined in such subdivision one of section 9 530.11; and provided further that an order of removal issued under this 10 subdivision shall not take effect until five days after the date the 11 order is issued unless, prior to such effective date, the human traf- 12 ficking court or veterans treatment court notifies the court that issued 13 the order that: 14 i. it will not accept the action, in which event the order shall not 15 take effect; or 16 ii. 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 (b) Upon providing notification pursuant to subparagraph i or ii of 19 paragraph (a) of this subdivision, the human trafficking court or veter- 20 ans treatment court shall promptly give notice to the defendant, his or 21 her counsel, and the district attorney. 22 § 3. Subdivision 4 of section 180.20 of the criminal procedure law, as 23 added by chapter 191 of the laws of 2018, is amended to read as follows: 24 4. (a) Notwithstanding any provision of this section to the contrary, 25 in any county outside a city having a population of one million or more, 26 upon or after arraignment of a defendant on a felony complaint pending 27 in a local criminal court having preliminary jurisdiction thereof, such 28 court may, upon motion of the defendant and after giving the district 29 attorney an opportunity to be heard, order that the action be removed 30 from the court in which the matter is pending to another local criminal 31 court in the same county, or with consent of the district attorney and 32 the district attorney of the adjoining county to another court in [an] 33 such adjoining county, that has been designated as a human trafficking 34 court or veterans treatment court by the chief administrator of the 35 courts, and such human trafficking court or veterans treatment court may 36 then conduct such action to judgment or other final disposition; 37 provided, however, that no court may order removal pursuant to this 38 subdivision to a veterans treatment court of a family offense charge 39 described in subdivision one of section 530.11 of this chapter where the 40 accused and the person alleged to be the victim of such offense charged 41 are members of the same family or household as defined in such subdivi- 42 sion one of section 530.11; and provided further an order of removal 43 issued under this subdivision shall not take effect until five days 44 after the date the order is issued unless, prior to such effective date, 45 the human trafficking court or veterans treatment court notifies the 46 court that issued the order that: 47 i. it will not accept the action, in which event the order shall not 48 take effect; or 49 ii. it will accept the action on a date prior to such effective date, 50 in which event the order shall take effect upon such prior date. 51 (b) Upon providing notification pursuant to subparagraph i or ii of 52 paragraph (a) of this subdivision, the human trafficking court or veter- 53 ans treatment court shall promptly give notice to the defendant, his or 54 her counsel and the district attorney. 55 § 4. The criminal procedure law is amended by adding a new section 56 230.11 to read as follows:S. 1957--A 3 1 § 230.11 Removal of action to certain courts within a county. 2 1. In any county outside a city having a population of one million or 3 more, upon or after arraignment of a defendant on an indictment pending 4 in a superior court having jurisdiction thereof, such court may, upon 5 motion of the defendant and after giving the district attorney an oppor- 6 tunity to be heard, order that the action be removed from the court in 7 which the matter is pending to another court in the same county that has 8 been designated as a human trafficking court or veterans treatment court 9 by the chief administrator of the courts, and such human trafficking 10 court or veterans treatment court may then conduct such action to judg- 11 ment or other final disposition; provided, however, that no court may 12 order removal pursuant to this section to a veterans treatment court of 13 a family offense charge described in subdivision one of section 530.11 14 of this chapter where the accused and the person alleged to be the 15 victim of such offense charged are members of the same family or house- 16 hold as defined in such subdivision one of section 530.11; and provided 17 further that an order of removal issued under this subdivision shall not 18 take effect until five days after the date the order is issued unless, 19 prior to such effective date, the human trafficking court or veterans 20 treatment court notifies the court that issued the order that: 21 (a) it will not accept the action, in which event the order shall not 22 take effect; or 23 (b) it will accept the action on a date prior to such effective date, 24 in which event the order shall take effect upon such prior date. 25 2. Upon providing notification pursuant to paragraph (a) or (b) of 26 subdivision one of this section, the human trafficking court or veterans 27 treatment court shall promptly give notice to the defendant, his or her 28 counsel and the district attorney. 29 § 5. The criminal procedure law is amended by adding a new section 30 230.21 to read as follows: 31 § 230.21 Removal of action to certain courts in an adjoining county. 32 1. In any county outside a city having a population of one million or 33 more, the court may, upon motion of the defendant and with consent of 34 the district attorney and the district attorney of the adjoining county 35 that has a superior court designated a human trafficking court or veter- 36 ans treatment court by the chief administrator of the courts, order that 37 the indictment and action be removed from the court in which the matter 38 is pending to such human trafficking court or veterans treatment court, 39 whereupon such court may then conduct such action to judgment or other 40 final disposition; provided, however, that no court may order removal to 41 a veterans treatment court of a family offense charge described in 42 subdivision one of section 530.11 of this chapter pursuant to this 43 section where the accused and the person alleged to be the victim of 44 such offense charged are members of the same family or household as 45 defined in such subdivision one of section 530.11; and provided further 46 that 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 (a) it will not accept the action, in which event the order shall not 51 take effect, or 52 (b) 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 2. Upon providing notification pursuant to paragraph (a) or (b) of 55 subdivision one of this section, the human trafficking court or veteransS. 1957--A 4 1 treatment court shall promptly give notice to the defendant, his or her 2 counsel and the district attorney of both counties. 3 § 6. This act shall take effect on the thirtieth day after it shall 4 have become a law.
