Bill Text: NY S05137 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the removal of an action to a problem solving court; provides that a "problem solving court" means drug court and domestic violence court.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S05137 Detail]

Download: New_York-2019-S05137-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5137
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 11, 2019
                                       ___________
        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed 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 district attorney, order that  the
    10  action  be  removed  from  the  court  in which the matter is pending to
    11  another local criminal court in the same county which  has  been  desig-
    12  nated a [drug] court formed to address a matter of special concern based
    13  upon  the  status  of  the  defendant or the victim, commonly known as a
    14  "problem solving  court,"  and  limited  to,  drug  court  and  domestic
    15  violence  court,  by  the  chief  administrator  of the courts, and such
    16  [drug] problem solving court may then conduct such action to [judgement]
    17  judgment or other final disposition; provided, however, that an order of
    18  removal issued under this subdivision shall not take effect  until  five
    19  days  after the date the order is issued unless, prior to such effective
    20  date, the [drug] problem solving court notifies the  court  that  issued
    21  the order that:
    22    (a)  it will not accept the action, in which event the order shall not
    23  take effect, or
    24    (b) it will accept the action on a date prior to such effective  date,
    25  in which event the order shall take effect upon such prior date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06453-01-9
        S. 5137                             2
     1    Upon  providing  notification pursuant to paragraph (a) or (b) of this
     2  subdivision, the [drug] problem solving court shall promptly give notice
     3  to the defendant, his or her counsel and the district attorney.
     4    § 2. This act shall take effect immediately.