Bill Text: NY A03909 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 3909 (Prior Session Legislation)

Introduced

Bill Title: Authorizes an application for permission to appeal to the court of appeals from an order of the appellate division concerning a change of venue; requires the chief administrator of the courts, with the advice and consent of the administrative board of the courts, to adopt rules for the expeditious briefing, hearing and determination of such appeals.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A03909 Detail]

Download: New_York-2015-A03909-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3909
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2015
                                      ___________
       Introduced  by M. of A. WRIGHT -- Multi-Sponsored by -- M. of A. FARRELL
         -- read once and referred to the Committee on Codes
       AN ACT to amend the criminal procedure law, in relation  to  authorizing
         an  application  for permission to appeal to the court of appeals from
         an order of the appellate division concerning a change of venue
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 230.20 of the criminal procedure law is amended by
    2  adding a new subdivision 5 to read as follows:
    3    5. ANY PARTY AGGRIEVED BY AN ORDER OF THE APPELLATE DIVISION  CONCERN-
    4  ING  A  MOTION MADE PURSUANT TO SUBDIVISION TWO OF THIS SECTION MAY SEEK
    5  LEAVE TO APPEAL FROM SUCH ORDER TO THE COURT  OF  APPEALS,  PURSUANT  TO
    6  SUBDIVISION THREE OF SECTION 450.90 OF THIS CHAPTER.
    7    S 2. Section 450.90 of the criminal procedure law is amended by adding
    8  a new subdivision 3 to read as follows:
    9    3.  PROVIDED  THAT  A  CERTIFICATE  GRANTING LEAVE TO APPEAL IS ISSUED
   10  PURSUANT TO SECTION 460.20 OF THIS CHAPTER, AN APPEAL MAY  BE  TAKEN  TO
   11  THE COURT OF APPEALS BY ANY PARTY AGGRIEVED BY AN ORDER OF THE APPELLATE
   12  DIVISION CONCERNING A MOTION MADE PURSUANT TO SUBDIVISION TWO OF SECTION
   13  230.20  OF  THIS  CHAPTER. UPON THE REQUEST OF EITHER PARTY, THE HEARING
   14  AND DETERMINATION OF AN APPEAL  GRANTED  PURSUANT  TO  THIS  SUBDIVISION
   15  SHALL  BE CONDUCTED IN AN EXPEDITIOUS MANNER. THE CHIEF ADMINISTRATOR OF
   16  THE COURTS, WITH THE ADVICE AND CONSENT OF THE ADMINISTRATIVE  BOARD  OF
   17  THE  COURTS, SHALL ADOPT RULES FOR THE EXPEDITIOUS BRIEFING, HEARING AND
   18  DETERMINATION OF SUCH APPEALS.
   19    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05321-01-5