Bill Text: NY S05059 | 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: Strong Partisan Bill (Democrat 10-1)
Status: (Introduced - Dead) 2020-01-17 - PRINT NUMBER 5059A [S05059 Detail]
Download: New_York-2019-S05059-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5059--A 2019-2020 Regular Sessions IN SENATE April 5, 2019 ___________ Introduced by Sens. HOYLMAN, ADDABBO, BIAGGI, BROOKS, GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs -- recommitted to the Committee on Veterans, Homeland Security and Mili- tary Affairs in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 be15heard, order that the action be removed from the court in which the16matter is pending to another local criminal court in the same county, or17with consent of the district attorney to another court in an adjoining18county, that has been designated as a human trafficking court by theEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11046-06-9S. 5059--A 2 1chief administrator of the courts, and such human trafficking court] to 2 remove the action to a court in an adjoining county that has been desig- 3 nated as a human trafficking court or veterans treatment court by the 4 chief administrator of the courts, and after giving the district attor- 5 ney an opportunity to be heard and with the consent of the district 6 attorney of the adjoining county, order that the action be removed from 7 the court in which the matter is pending to such human trafficking court 8 or veterans treatment court, whereupon such court may then conduct such 9 action to [judgement] judgment or other final deposition; provided, 10 however, that the consent of the district attorney of the county in 11 which the action and indictment are pending shall be required before the 12 court may order removal hereunder where the accused and the person 13 alleged to be the victim of an offense charged are members of the same 14 family or household as defined in subdivision one of section 530.11 of 15 this chapter; and provided further that an order of removal issued under 16 this subdivision shall not take effect until five days after the date 17 the order is issued unless, prior to such effective date, the human 18 trafficking court or veterans treatment court notifies the court that 19 issued the order that: 20 i. it will not accept the action, in which event the order shall not 21 take effect; or 22 ii. it will accept the action on a date prior to such effective date, 23 in which event the order shall take effect upon such prior date. 24 (b) Upon providing notification pursuant to subparagraph i or ii of 25 paragraph (a) of this subdivision, the human trafficking court or veter- 26 ans treatment court shall promptly give notice to the defendant, his or 27 her counsel, and the district attorney. 28 § 3. Subdivision 4 of section 180.20 of the criminal procedure law, as 29 added by chapter 191 of the laws of 2018, is amended to read as follows: 30 4. (a) Notwithstanding any provision of this section to the contrary, 31 in any county outside a city having a population of one million or more, 32 upon or after arraignment of a defendant on a felony complaint pending 33 in a local criminal court having preliminary jurisdiction thereof, such 34 court may, upon motion of the defendant and after giving the district 35 attorney an opportunity to be heard, order that the action be removed 36 from the court in which the matter is pending to another local criminal 37 court in the same county, or with consent of the district attorney [to38another court in] of an adjoining county, to a court in such adjoining 39 county that has been designated as a human trafficking court or veterans 40 treatment court by the chief administrator of the courts, and such human 41 trafficking court or veterans treatment court may then conduct such 42 action to judgment or other final disposition; provided, however, that 43 the consent of the district attorney of the county in which the action 44 is pending shall be required before the court may order removal here- 45 under where the accused and the person alleged to be the victim of an 46 offense charged are members of the same family or household as defined 47 in subdivision one of section 530.11 of this chapter; and provided 48 further an order of removal issued under this subdivision shall not take 49 effect until five days after the date the order is issued unless, prior 50 to such effective date, the human trafficking court or veterans treat- 51 ment court notifies the court that issued the order that: 52 i. it will not accept the action, in which event the order shall not 53 take effect; or 54 ii. it will accept the action on a date prior to such effective date, 55 in which event the order shall take effect upon such prior date.S. 5059--A 3 1 (b) Upon providing notification pursuant to subparagraph i or ii of 2 paragraph (a) of this subdivision, the human trafficking court or veter- 3 ans treatment court shall promptly give notice to the defendant, his or 4 her counsel and the district attorney. 5 § 4. The criminal procedure law is amended by adding a new section 6 230.21 to read as follows: 7 § 230.21 Removal of action to an adjoining county. 8 1. In any county outside a city having a population of one million or 9 more, the court may, upon motion of the defendant and after giving the 10 district attorney an opportunity to be heard, and with consent of the 11 district attorney of an adjoining county that has a superior court 12 designated a human trafficking court or veterans treatment court by the 13 chief administrator of the courts, order that the indictment and action 14 be removed from the court in which the matter is pending to such human 15 trafficking court or veterans treatment court, whereupon such court may 16 then conduct such action to judgment or other final disposition; 17 provided, however, that the consent of the district attorney of the 18 county in which the action and indictment are pending shall be required 19 before the court may order removal hereunder where the accused and the 20 person alleged to be the victim of an offense charged are members of the 21 same family or household as defined in subdivision one of section 530.11 22 of this chapter; and provided further that an order of removal issued 23 under this subdivision shall not take effect until five days after the 24 date the order is issued unless, prior to such effective date, the human 25 trafficking court or veterans treatment court notifies the court that 26 issued the order that: 27 (a) it will not accept the action, in which event the order shall not 28 take effect, or 29 (b) it will accept the action on a date prior to such effective date, 30 in which event the order shall take effect upon such prior date. 31 2. Upon providing notification pursuant to paragraph (a) or (b) of 32 subdivision one of this section, the human trafficking court or veterans 33 treatment court shall promptly give notice to the defendant, his or her 34 counsel and the district attorney of both counties. 35 § 5. This act shall take effect immediately.