Bill Text: NY S07209 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to off-hours arraignment parts in counties outside the city of New York; authorizes the establishment of a plan to designate off-hours arraignment parts in select local criminal courts of a county.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-11-28 - SIGNED CHAP.492 [S07209 Detail]
Download: New_York-2015-S07209-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7209--A IN SENATE April 6, 2016 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the judiciary law, the criminal procedure law and the uniform justice court act, in relation to off-hours arraignment parts in counties outside of the city of New York The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 212 of the judiciary law is 2 amended by adding a new paragraph (w) to read as follows: 3 (w) Adopt, after consultation with the office of indigent legal 4 services, the appropriate local magistrates association, institutional 5 providers of criminal defense services and other members of the criminal 6 defense bar, local government officials, including the district attor- 7 ney, and with the approval of the administrative board of the courts, a 8 plan for the establishment, in accordance with paragraph (c) of this 9 subdivision, of off-hours arraignment parts in select local criminal 10 courts of a county to be held in such courts on a rotating basis for the 11 conduct of arraignments and other preliminary proceedings incidental 12 thereto, and for arrest warrant returns in criminal cases, where the use 13 of such parts will facilitate the availability of public defenders or 14 assigned counsel for defendants in need of legal representation at such 15 proceedings. To the extent practicable, and notwithstanding that any 16 such plan shall designate off-hours arraignment parts in fewer than all 17 of the local criminal courts of a county, each plan authorized by this 18 paragraph shall provide for the periodic assignment of all of the judges 19 and justices of all of the local criminal courts in the affected county 20 to the off-hours arraignment parts designated therein. The chief admin- 21 istrator shall give appropriate public notice of each off-hours arraign- 22 ment part established hereunder and each judicial assignment made there- 23 to. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14072-06-6S. 7209--A 2 1 § 2. Section 100.55 of the criminal procedure law is amended by adding 2 a new subdivision 11 to read as follows: 3 11. Notwithstanding any provision of law to the contrary, a local 4 criminal court accusatory instrument may be filed with a local criminal 5 court while it is operating an off-hours arraignment part designated in 6 accordance with paragraph (w) of subdivision one of section two hundred 7 twelve of the judiciary law provided that an offense charged therein was 8 allegedly committed in the county in which the local criminal court is 9 located. 10 § 3. Subdivision 1 of section 120.90 of the criminal procedure law, as 11 amended by chapter 424 of the laws of 1998, is amended to read as 12 follows: 13 1. Upon arresting a defendant for any offense pursuant to a warrant 14 of arrest in the county in which the warrant is returnable or in any 15 adjoining county, or upon so arresting him or her for a felony in any 16 other county, a police officer, if he or she be one to whom the warrant 17 is addressed, must without unnecessary delay bring the defendant before 18 the local criminal court in which such warrant is returnable, provided 19 that, where a local criminal court in the county in which the warrant is 20 returnable hereunder is operating an off-hours arraignment part desig- 21 nated in accordance with paragraph (w) of subdivision one of section two 22 hundred twelve of the judiciary law at the time of defendant's return, 23 such police officer may bring the defendant before such local criminal 24 court. 25 § 4. Paragraph (d) of subdivision 1 of section 140.20 of the criminal 26 procedure law, as amended by chapter 549 of the laws of 1987, is amended 27 and a new paragraph (e) is added to read as follows: 28 (d) If the arrest is for a traffic infraction or for a misdemeanor 29 relating to traffic, the police officer may, instead of bringing the 30 arrested person before the local criminal court of the political subdi- 31 vision or locality in which the offense was allegedly committed, bring 32 him or her before the local criminal court of the same county nearest 33 available by highway travel to the point of arrest[.]; and 34 (e) Notwithstanding any other provision of this section, where a local 35 criminal court in the county in which the defendant is arrested is oper- 36 ating an off-hours arraignment part designated in accordance with para- 37 graph (w) of subdivision one of section two hundred twelve of the judi- 38 ciary law at the time of defendant's arrest, the arrested person may be 39 brought before such local criminal court. 40 § 5. Section 170.10 of the criminal procedure law is amended by adding 41 a new subdivision 10 to read as follows: 42 10. Notwithstanding any contrary provision of this section, when an 43 off-hours arraignment part designated in accordance with paragraph (w) 44 of subdivision one of section two hundred twelve of the judiciary law is 45 in operation in the county in which the court is located, the court must 46 adjourn the proceedings before it, and direct that the proceedings be 47 continued in such off-hours part when the defendant has appeared before 48 the court without counsel and no counsel is otherwise available at the 49 time of such appearance to aid the defendant, unless the defendant 50 desires to proceed without the aid of counsel and the court is satis- 51 fied, pursuant to subdivision six of this section, that the defendant 52 made such decision with knowledge of the significance thereof. 53 § 6. Section 180.10 of the criminal procedure law is amended by adding 54 a new subdivision 7 to read as follows: 55 7. Notwithstanding any contrary provision of this section, when an 56 off-hours arraignment part designated in accordance with paragraph (w)S. 7209--A 3 1 of subdivision one of section two hundred twelve of the judiciary law is 2 in operation in the county in which the court is located, the court must 3 adjourn the proceedings before it, and direct that the proceedings be 4 continued in such off-hours part when the defendant has appeared before 5 the court without counsel and no counsel is otherwise available at the 6 time of such appearance to aid the defendant. 7 § 7. Subdivision 2 of section 106 of the uniform justice court act, as 8 added by chapter 321 of the laws of 2007, is amended to read as follows: 9 2. The chief administrator of the courts may temporarily assign any 10 justice of another town or village court, or a judge of a city court, to 11 a town or village court within the county of such judge's or justice's 12 residence or an adjoining county. While temporarily assigned hereunder, 13 any such judge or justice shall have the powers, duties and jurisdiction 14 of a justice of the court to which the assignment is made, including the 15 power to preside over an off-hours arraignment part established in such 16 court pursuant to paragraph (w) of subdivision one of section two 17 hundred twelve of the judiciary law. After the expiration of any tempo- 18 rary assignment hereunder, the judge or justice assigned shall have all 19 the powers, duties and jurisdiction of a judge or justice of the court 20 to which the assignment was made with respect to all matters pending 21 during the term of such temporary assignment. Such judge or justice 22 shall be entitled to such compensation and travel expenses as the chief 23 administrator shall prescribe by rule, payable out of funds appropriated 24 to the state judiciary for such purpose. 25 § 8. This act shall take effect on the ninetieth day after it shall 26 have become a law.
