Bill Text: NY S03889 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the removal of an action from a problem solving court; provides that a "problem solving court" shall include, but not be limited to, drug court, domestic violence court, youth court, mental health court and veterans court.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-12-12 - SIGNED CHAP.634 [S03889 Detail]

Download: New_York-2019-S03889-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 3889                                                  A. 5937
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                    February 20, 2019
                                       ___________
        IN  SENATE  --  Introduced  by  Sen.  CARLUCCI -- read twice and ordered
          printed, and when printed to be committed to the Committee on Codes
        IN ASSEMBLY -- Introduced by M. of A. GALEF -- read once and referred to
          the Committee on Codes
        AN ACT to amend the criminal procedure law, in relation  to  a  "problem
          solving court"
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 4 of section 170.15 of the  criminal  procedure
     2  law, as amended by chapter 67 of the laws of 2000, is amended to read as
     3  follows:
     4    4.  Notwithstanding  any provision of this section to the contrary, in
     5  any county outside a city having a population of one  million  or  more,
     6  upon or after arraignment of a defendant on an information, a simplified
     7  information, a prosecutor's information or a misdemeanor complaint pend-
     8  ing  in  a  local  criminal  court,  such  court may, upon motion of the
     9  defendant and [with the consent of the] after giving the district attor-
    10  ney an opportunity to be heard, order that the action  be  removed  from
    11  the court in which the matter is pending to another local criminal court
    12  in  the  same  county which has been designated a [drug] court formed to
    13  address a matter of special concern based upon the status of the defend-
    14  ant or the victim, commonly known as a "problem solving court,"  includ-
    15  ing,  but  not  limited  to,  drug court, domestic violence court, youth
    16  court, mental health court, and veterans court, by the chief administra-
    17  tor of the courts, and  such  [drug]  problem  solving  court  may  then
    18  conduct  such action to [judgement] judgment or other final disposition;
    19  provided, however, that an order of removal issued under  this  subdivi-
    20  sion  shall  not take effect until five days after the date the order is
    21  issued unless, prior to such effective date, the [drug] problem  solving
    22  court notifies the court that issued the order that:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05318-02-9
        S. 3889                             2                            A. 5937
     1    (a)  it will not accept the action, in which event the order shall not
     2  take effect, or
     3    (b)  it will accept the action on a date prior to such effective date,
     4  in which event the order shall take effect upon such prior date.
     5    Upon providing notification pursuant to paragraph (a) or (b)  of  this
     6  subdivision, the [drug] problem solving court shall promptly give notice
     7  to the defendant, his or her counsel and the district attorney.
     8    § 2. This act shall take effect immediately.