Bill Text: NY S06262 | 2011-2012 | General Assembly | Introduced

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Bill Title: Directs the establishment of gun court calendars in criminal courts to hear cases involving unlawful gun possession and use and requires the expeditious scheduling of trials conducted therein; makes various provisions for the establishment of such calendar.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2012-03-13 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S06262 Detail]

Download: New_York-2011-S06262-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6262
                                   I N  S E N A T E
                                   January 18, 2012
                                      ___________
       Introduced by Sen. ESPAILLAT -- 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 establishing
         gun court calendars in the criminal courts
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Legislative  intent.  The  legislature finds and declares
    2  that:
    3    (1) There has been significant growth in the use of  firearms  in  the
    4  commission of violent crimes.
    5    (2)  Many  of  the shootings are drug or gang related and endanger law
    6  abiding citizens.
    7    (3) Many of the gun offenses are committed while individuals are  free
    8  on bail for other offenses.
    9    (4)  The  growing  number of gun related offenses constitutes a burden
   10  upon the state of New York and threatens the domestic tranquility of the
   11  state and its people, especially residents  of  the  urban  areas  where
   12  these crimes are most prevalent.
   13    (5) In order to deter the use of firearms in the commission of violent
   14  crimes,  and  to  protect  the  law  abiding public, there must be swift
   15  disposition of gun related offenses in our courts, and there must be the
   16  certain prospect of prison terms for those who  are  convicted  of  such
   17  crimes.
   18    It  is therefore declared to be the policy of the state of New York to
   19  provide maximum safety and security to  its  people  from  unlawful  gun
   20  related  violence and intrusion upon their persons and property by expe-
   21  diting the processing and disposition of such cases and,  unless  other-
   22  wise provided, imposing prison terms that must be served.
   23    To accomplish this purpose in an effort to minimize delay in the proc-
   24  essing  of  criminal  cases  in  this  state  relating  to  the  illegal
   25  possession and use of guns and other dangerous weapons  there  shall  be
   26  established  a separate calendar within the jurisdiction of the criminal
   27  courts of this state  for  hearing  trial  and  disposition  of  actions
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07288-01-1
       S. 6262                             2
    1  brought  pursuant  to  the provisions of the penal law wherein a firearm
    2  was used during the commission of any crime contained therein.
    3    S  2.  The  criminal  procedure law is amended by adding a new section
    4  10.50 to read as follows:
    5  S 10.50 GUN COURT CALENDAR.
    6    1. EACH PRESIDING JUSTICE OF THE CRIMINAL COURTS OF THIS  STATE  SHALL
    7  CREATE  A  GUN  COURT  CALENDAR AND SHALL ASSIGN PERSONNEL TO THE EXTENT
    8  WARRANTED TO EXCLUSIVELY HEAR AND DECIDE ALL CRIMINAL ACTIONS  INVOLVING
    9  OFFENSES  WHEREIN A FIREARM WAS USED DURING THE COMMISSION OF ANY CRIME.
   10  SUCH CALENDAR SHALL BE REFERRED TO AS THE "GUN COURT  CALENDAR"  OF  THE
   11  CRIMINAL COURT FOR THE PURPOSES OF THE PROVISIONS OF THE PENAL LAW WHER-
   12  EIN  A  FIREARM  WAS  USED  DURING THE COMMISSION OF ANY CRIME CONTAINED
   13  THEREIN.
   14    2. ALL TRIALS IN THE CRIMINAL COURTS OF THIS STATE SCHEDULED FOR TRIAL
   15  ON THE GUN COURT CALENDAR SHALL BE COMMENCED WITHIN SIXTY  DAYS  OF  THE
   16  COMPLETION  OF  DISCOVERY NOTWITHSTANDING ANY OTHER PROVISION OF LAW. NO
   17  CONTINUANCES OR POSTPONEMENTS SHALL BE GRANTED  EXCEPT  FOR  GOOD  CAUSE
   18  SHOWN. SUCH CONTINUANCES AS ARE NECESSARY SHALL BE GRANTED FOR THE SHOR-
   19  TEST PRACTICABLE TIME.
   20    3.  UNDER NO CIRCUMSTANCES SHALL A DEFENDANT BE PERMITTED TO RELY UPON
   21  THE PROVISIONS OF THIS SECTION AS A BASIS FOR A DISMISSAL OF AN ACTION.
   22    S 3. This act shall take effect on the thirtieth day  after  it  shall
   23  have become a law.