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  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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11046-06-9

        S. 5059--A                          2

     1  chief 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 [to
    38  another 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.
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