Bill Text: NY A05719 | 2021-2022 | General Assembly | Amended
Bill Title: Authorizes the chief administrator of the courts to establish veterans treatment courts; relates to the removal of certain actions to veterans treatment courts.
Spectrum: Slight Partisan Bill (Democrat 23-8)
Status: (Passed) 2021-03-29 - signed chap.91 [A05719 Detail]
Download: New_York-2021-A05719-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5719--A 2021-2022 Regular Sessions IN ASSEMBLY February 24, 2021 ___________ Introduced by M. of A. GALEF, STIRPE, HUNTER, McDONOUGH, MANKTELOW -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the judiciary law, in relation to authorizing the chief administrator of the courts to establish veterans treatment courts; and to amend the criminal procedure law, in relation to the removal of certain actions to veterans treatment courts 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 212 of the judiciary law is 2 amended by adding a new paragraph (bb) to read as follows: 3 (bb) To the extent practicable, establish such number of veterans 4 treatment courts as may be necessary to fulfill the purposes of subdivi- 5 sion five of section 170.15, subdivision four of section 180.20, section 6 230.11 and section 230.21 of the criminal procedure law. 7 § 2. Subdivision 5 of section 170.15 of the criminal procedure law, as 8 added by chapter 191 of the laws of 2018, is amended to read as follows: 9 5. (a) Notwithstanding any provision of this section to the contrary, 10 in any county outside a city having a population of one million or more, 11 upon or after arraignment of a defendant on an information, a simplified 12 information, a prosecutor's information or a misdemeanor complaint pend- 13 ing in a local criminal court, such court may, upon motion of the 14 defendant and after giving the district attorney an opportunity to be 15 heard, order that the action be removed from the court in which the 16 matter is pending to another local criminal court in the same county, or 17 with consent of the district attorney and the district attorney of the 18 adjoining county to another court in [an] such adjoining county, that 19 has been designated as a human trafficking court or veterans treatment 20 court by the chief administrator of the courts, and such human traffick- 21 ing court or veterans treatment court may then conduct such action to 22 [judgement] judgment or other final deposition; provided, however, that 23 no court may order removal pursuant to this subdivision to a veterans 24 treatment court of a family offense charge described in subdivision one EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02732-09-1A. 5719--A 2 1 of section 530.11 of this chapter where the accused and the person 2 alleged to be the victim of such offense charged are members of the same 3 family or household as defined in such subdivision one of section 4 530.11; and provided further that an order of removal issued under this 5 subdivision shall not take effect until five days after the date the 6 order is issued unless, prior to such effective date, the human traf- 7 ficking court or veterans treatment court notifies the court that issued 8 the order that: 9 i. it will not accept the action, in which event the order shall not 10 take effect; or 11 ii. it will accept the action on a date prior to such effective date, 12 in which event the order shall take effect upon such prior date. 13 (b) Upon providing notification pursuant to subparagraph i or ii of 14 paragraph (a) of this subdivision, the human trafficking court or veter- 15 ans treatment court shall promptly give notice to the defendant, his or 16 her counsel, and the district attorney. 17 § 3. Subdivision 4 of section 180.20 of the criminal procedure law, as 18 added by chapter 191 of the laws of 2018, is amended to read as follows: 19 4. (a) Notwithstanding any provision of this section to the contrary, 20 in any county outside a city having a population of one million or more, 21 upon or after arraignment of a defendant on a felony complaint pending 22 in a local criminal court having preliminary jurisdiction thereof, such 23 court may, upon motion of the defendant and after giving the district 24 attorney an opportunity to be heard, order that the action be removed 25 from the court in which the matter is pending to another local criminal 26 court in the same county, or with consent of the district attorney and 27 the district attorney of the adjoining county to another court in [an] 28 such adjoining county, that has been designated as a human trafficking 29 court or veterans treatment court by the chief administrator of the 30 courts, and such human trafficking court or veterans treatment court may 31 then conduct such action to judgment or other final disposition; 32 provided, however, that no court may order removal pursuant to this 33 subdivision to a veterans treatment court of a family offense charge 34 described in subdivision one of section 530.11 of this chapter where the 35 accused and the person alleged to be the victim of such offense charged 36 are members of the same family or household as defined in such subdivi- 37 sion one of section 530.11; and provided further an order of removal 38 issued under this subdivision shall not take effect until five days 39 after the date the order is issued unless, prior to such effective date, 40 the human trafficking court or veterans treatment court notifies the 41 court that issued the order that: 42 i. it will not accept the action, in which event the order shall not 43 take effect; or 44 ii. it will accept the action on a date prior to such effective date, 45 in which event the order shall take effect upon such prior date. 46 (b) Upon providing notification pursuant to subparagraph i or ii of 47 paragraph (a) of this subdivision, the human trafficking court or veter- 48 ans treatment court shall promptly give notice to the defendant, his or 49 her counsel and the district attorney. 50 § 4. The criminal procedure law is amended by adding a new section 51 230.11 to read as follows: 52 § 230.11 Removal of action to certain courts within a county. 53 1. In any county outside a city having a population of one million or 54 more, upon or after arraignment of a defendant on an indictment pending 55 in a superior court having jurisdiction thereof, such court may, upon 56 motion of the defendant and after giving the district attorney an oppor-A. 5719--A 3 1 tunity to be heard, order that the action be removed from the court in 2 which the matter is pending to another court in the same county that has 3 been designated as a human trafficking court or veterans treatment court 4 by the chief administrator of the courts, and such human trafficking 5 court or veterans treatment court may then conduct such action to judg- 6 ment or other final disposition; provided, however, that no court may 7 order removal pursuant to this section to a veterans treatment court of 8 a family offense charge described in subdivision one of section 530.11 9 of this chapter where the accused and the person alleged to be the 10 victim of such offense charged are members of the same family or house- 11 hold as defined in such subdivision one of section 530.11; and provided 12 further that an order of removal issued under this subdivision shall not 13 take effect until five days after the date the order is issued unless, 14 prior to such effective date, the human trafficking court or veterans 15 treatment court notifies the court that issued the order that: 16 (a) it will not accept the action, in which event the order shall not 17 take effect; or 18 (b) it will accept the action on a date prior to such effective date, 19 in which event the order shall take effect upon such prior date. 20 2. Upon providing notification pursuant to paragraph (a) or (b) of 21 subdivision one of this section, the human trafficking court or veterans 22 treatment court shall promptly give notice to the defendant, his or her 23 counsel and the district attorney. 24 § 5. The criminal procedure law is amended by adding a new section 25 230.21 to read as follows: 26 § 230.21 Removal of action to certain courts in an adjoining county. 27 1. In any county outside a city having a population of one million or 28 more, the court may, upon motion of the defendant and with consent of 29 the district attorney and the district attorney of the adjoining county 30 that has a superior court designated a human trafficking court or veter- 31 ans treatment court by the chief administrator of the courts, order that 32 the indictment and action be removed from the court in which the matter 33 is pending to such human trafficking court or veterans treatment court, 34 whereupon such court may then conduct such action to judgment or other 35 final disposition; provided, however, that no court may order removal to 36 a veterans treatment court of a family offense charge described in 37 subdivision one of section 530.11 of this chapter pursuant to this 38 section where the accused and the person alleged to be the victim of 39 such offense charged are members of the same family or household as 40 defined in such subdivision one of section 530.11; and provided further 41 that an order of removal issued under this subdivision shall not take 42 effect until five days after the date the order is issued unless, prior 43 to such effective date, the human trafficking court or veterans treat- 44 ment court notifies the court that issued the order that: 45 (a) it will not accept the action, in which event the order shall not 46 take effect, or 47 (b) it will accept the action on a date prior to such effective date, 48 in which event the order shall take effect upon such prior date. 49 2. Upon providing notification pursuant to paragraph (a) or (b) of 50 subdivision one of this section, the human trafficking court or veterans 51 treatment court shall promptly give notice to the defendant, his or her 52 counsel and the district attorney of both counties. 53 § 6. This act shall take effect on the thirtieth day after it shall 54 have become a law.
