Bill Text: NY A01522 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Precludes a local criminal court from issuing a warrant of arrest based on any simplified information when the defendant has not been arraigned and has not come under the control of the court with respect to the charges in the simplified information; provides that this formerly applied only to simplified traffic informations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A01522 Detail]

Download: New_York-2021-A01522-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          1522

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2021
                                       ___________

        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the criminal procedure law, in relation to issuance of a
          warrant of arrest when a criminal action has been commenced in a local
          criminal court by the filing of a simplified information

          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 120.20 of the criminal procedure
     2  law, as amended by chapter 506 of the laws of 2000,  the  opening  para-
     3  graph  as amended by section 12 of part WWW of chapter 59 of the laws of
     4  2017, is amended to read as follows:
     5    1. When a criminal action has been commenced in a local criminal court
     6  or youth part of the superior court by the filing therewith of an  accu-
     7  satory  instrument,  other  than  a  simplified  [traffic]  information,
     8  against a defendant who has not  been  arraigned  upon  such  accusatory
     9  instrument  and has not come under the control of the court with respect
    10  thereto:
    11    (a) such court may, if such accusatory instrument is sufficient on its
    12  face, issue a warrant for such defendant's arrest; or
    13    (b) if such accusatory instrument is not sufficient  on  its  face  as
    14  prescribed  in section 100.40, and if the court is satisfied that on the
    15  basis of the available facts or evidence it would be impossible to  draw
    16  and  file  an  accusatory instrument that is sufficient on its face, the
    17  court must dismiss the accusatory instrument.
    18    § 2. This act shall take effect on the first of November next succeed-
    19  ing the date on which it shall have become a law.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00215-01-1