Bill Text: NY A02069 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires a criminal court to release a defendant charged with certain offenses involving marihuana on his or her own recognizance upon ordering a case adjourned in contemplation of dismissal.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A02069 Detail]

Download: New_York-2021-A02069-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2069

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by M. of A. AUBRY -- read once and referred to the Committee
          on Codes

        AN ACT to amend the criminal procedure law, in relation to  adjournments
          in contemplation of dismissal in cases involving marihuana

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of section 170.56 of the  criminal  procedure
     2  law, as added by chapter 1042 of the laws of 1971, is amended to read as
     3  follows:
     4    2.   Upon ordering the action adjourned in contemplation of dismissal,
     5  the court must release the defendant on his or her own recognizance  and
     6  must  set  and  specify  such  conditions  for the adjournment as may be
     7  appropriate[, and such]. Such conditions may include placing the defend-
     8  ant under the supervision of any public or private agency.  At any  time
     9  prior  to  dismissal  the  court  may modify the conditions or extend or
    10  reduce the term of the adjournment, except  that  the  total  period  of
    11  adjournment  shall  not  exceed  twelve  months.   Upon violation of any
    12  condition fixed by the court, the court may revoke its order and restore
    13  the case to the calendar and the prosecution thereupon must proceed.  If
    14  the case is not so restored to the calendar during the period  fixed  by
    15  the court, the accusatory instrument is, at the expiration of such peri-
    16  od, deemed to have been dismissed in the furtherance of justice.
    17    §  2.  This act shall take effect on the thirtieth day next succeeding
    18  the date on which it shall have become a law  and  shall  apply  to  all
    19  adjournments  in  contemplation  of  dismissal ordered on and after such
    20  date.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00555-01-1