Bill Text: NY S07836 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to human trafficking courts; authorizes transfer of cases after arraignment, by order or with consent of the DA, to another local criminal court or a designated human trafficking court.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2018-08-15 - SIGNED CHAP.191 [S07836 Detail]

Download: New_York-2017-S07836-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7836
                    IN SENATE
                                      March 1, 2018
                                       ___________
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN ACT to amend the criminal procedure law and  the  judiciary  law,  in
          relation to human trafficking courts
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 170.15 of the criminal procedure law is amended  by
     2  adding a new subdivision 5 to read as follows:
     3    5.  (a) Notwithstanding any provision of this section to the contrary,
     4  in any county outside a city having a population of one million or more,
     5  upon or after arraignment of a defendant on an information, a simplified
     6  information, a prosecutor's information or a misdemeanor complaint pend-
     7  ing in a local criminal court,  such  court  may,  upon  motion  of  the
     8  defendant  and  after  giving the district attorney an opportunity to be
     9  heard, order that the action be removed from  the  court  in  which  the
    10  matter is pending to another local criminal court in the same county, or
    11  with  consent  of the district attorney to another court in an adjoining
    12  county, that has been designated as a human  trafficking  court  by  the
    13  chief  administrator of the courts, and such human trafficking court may
    14  then conduct  such  action  to  judgement  or  other  final  deposition;
    15  provided,  however,  that an order of removal issued under this subdivi-
    16  sion shall not take effect until five days after the date the  order  is
    17  issued unless, prior to such effective date, the human trafficking court
    18  notifies the court that issued the order that:
    19    i.  it  will not accept the action, in which event the order shall not
    20  take effect; or
    21    ii. it will accept the action on a date prior to such effective  date,
    22  in which event the order shall take effect upon such prior date.
    23    (b)  Upon  providing  notification pursuant to subparagraph i or ii of
    24  paragraph (a) of this subdivision, the  human  trafficking  court  shall
    25  promptly  give  notice  to  the  defendant,  his or her counsel, and the
    26  district attorney.
    27    § 2. Section 180.20 of the criminal procedure law is amended by adding
    28  a new subdivision 4 to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14267-01-8
        S. 7836                             2
     1    4. (a) Notwithstanding any provision of this section to the  contrary,
     2  in any county outside a city having a population of one million or more,
     3  upon  or  after arraignment of a defendant on a felony complaint pending
     4  in a local criminal court having preliminary jurisdiction thereof,  such
     5  court  may,  upon  motion of the defendant and after giving the district
     6  attorney an opportunity to be heard, order that the  action  be  removed
     7  from  the court in which the matter is pending to another local criminal
     8  court in the same county, or with consent of the  district  attorney  to
     9  another  court  in  an  adjoining  county, that has been designated as a
    10  human trafficking court by the chief administrator of  the  courts,  and
    11  such human trafficking court may then conduct such action to judgment or
    12  other  final  disposition;  provided,  however, that an order of removal
    13  issued under this subdivision shall not  take  effect  until  five  days
    14  after the date the order is issued unless, prior to such effective date,
    15  the  human  trafficking  court  notifies the court that issued the order
    16  that:
    17    i. it will not accept the action, in which event the order  shall  not
    18  take effect; or
    19    ii.  it will accept the action on a date prior to such effective date,
    20  in which event the order shall take effect upon such prior date.
    21    (b) Upon providing notification pursuant to subparagraph i  or  ii  of
    22  paragraph  (a)  of  this  subdivision, the human trafficking court shall
    23  promptly give notice to the  defendant,  his  or  her  counsel  and  the
    24  district attorney.
    25    §  3.  Subdivision 2 of section 212 of the judiciary law is amended by
    26  adding a new paragraph (w) to read as follows:
    27    (w) To the extent practicable, establish such number  of  human  traf-
    28  ficking  courts  as may be necessary to fulfill the purposes of subdivi-
    29  sion five of section 170.15 and subdivision four of  section  180.20  of
    30  the criminal procedure law.
    31    § 4. This act shall take effect immediately.