Bill Text: NY A04439 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 4439 (Prior Session Legislation)

Introduced

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.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A04439 Detail]

Download: New_York-2011-A04439-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4439
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2011
                                      ___________
       Introduced  by  M. of A. AUBRY -- Multi-Sponsored by -- M. of A. COOK --
         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    S  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.
                                                                  LBD08354-01-1