Bill Text: NY S07209 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7209
                    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
        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.
    24    § 2. Section 100.55 of the criminal procedure law is amended by adding
    25  a new subdivision 11 to read as follows:
    26    11. Notwithstanding any provision of law  to  the  contrary,  a  local
    27  criminal  court accusatory instrument shall be filed with a local crimi-
    28  nal court while it is operating an off-hours arraignment part designated
    29  in accordance with paragraph (w)  of  subdivision  one  of  section  two
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14072-02-6