Bill Text: NY A05719 | 2021-2022 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5719 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 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 (aa) to read as follows: 3 (aa) To the extent practicable, establish such number of veterans 4 treatment courts as may be necessary to fulfill the purposes of subdivi- 5 sion four of section 170.15 and subdivision three of section 180.20 of 6 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 be15heard, order that the action be removed from the court in which the16matter is pending to another local criminal court in the same county, or17with consent of the district attorney to another court in an adjoining18county, that has been designated as a human trafficking court by the19chief administrator of the courts, and such human trafficking court] to 20 remove the action to a court in an adjoining county that has been desig- 21 nated as a human trafficking court or veterans treatment court by the 22 chief administrator of the courts, and after giving the district attor- 23 ney an opportunity to be heard and with the consent of the district EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02732-02-1A. 5719 2 1 attorney of the adjoining county, order that the action be removed from 2 the court in which the matter is pending to such human trafficking court 3 or veterans treatment court, whereupon such court may then conduct such 4 action to [judgement] judgment or other final deposition; provided, 5 however, that no court may order removal hereunder where the accused and 6 the person alleged to be the victim of an offense charged are members of 7 the same family or household as defined in subdivision one of section 8 530.11 of this chapter; and provided further that an order of removal 9 issued under this subdivision shall not take effect until five days 10 after the date the order is issued unless, prior to such effective date, 11 the human trafficking court or veterans treatment court notifies the 12 court that issued the order that: 13 i. it will not accept the action, in which event the order shall not 14 take effect; or 15 ii. it will accept the action on a date prior to such effective date, 16 in which event the order shall take effect upon such prior date. 17 (b) Upon providing notification pursuant to subparagraph i or ii of 18 paragraph (a) of this subdivision, the human trafficking court or veter- 19 ans treatment court shall promptly give notice to the defendant, his or 20 her counsel, and the district attorney. 21 § 3. Subdivision 4 of section 180.20 of the criminal procedure law, as 22 added by chapter 191 of the laws of 2018, is amended to read as follows: 23 4. (a) Notwithstanding any provision of this section to the contrary, 24 in any county outside a city having a population of one million or more, 25 upon or after arraignment of a defendant on a felony complaint pending 26 in a local criminal court having preliminary jurisdiction thereof, such 27 court may, upon motion of the defendant and after giving the district 28 attorney an opportunity to be heard, order that the action be removed 29 from the court in which the matter is pending to another local criminal 30 court in the same county, or with consent of the district attorney [to31another court in] of an adjoining county, to a court in such adjoining 32 county that has been designated as a human trafficking court or veterans 33 treatment court by the chief administrator of the courts, and such human 34 trafficking court or veterans treatment court may then conduct such 35 action to judgment or other final disposition; provided, however, that 36 no court may order removal hereunder where the accused and the person 37 alleged to be the victim of an offense charged are members of the same 38 family or household as defined in subdivision one of section 530.11 of 39 this chapter; and provided further an order of removal issued under this 40 subdivision shall not take effect until five days after the date the 41 order is issued unless, prior to such effective date, the human traf- 42 ficking court or veterans treatment court notifies the court that issued 43 the order that: 44 i. it will not accept the action, in which event the order shall not 45 take effect; or 46 ii. it will accept the action on a date prior to such effective date, 47 in which event the order shall take effect upon such prior date. 48 (b) Upon providing notification pursuant to subparagraph i or ii of 49 paragraph (a) of this subdivision, the human trafficking court or veter- 50 ans treatment court shall promptly give notice to the defendant, his or 51 her counsel and the district attorney. 52 § 4. The criminal procedure law is amended by adding a new section 53 230.21 to read as follows: 54 § 230.21 Removal of action; to an adjoining county. 55 1. In any county outside a city having a population of one million or 56 more, the court may, upon motion of the defendant and after giving theA. 5719 3 1 district attorney an opportunity to be heard, and with consent of the 2 district attorney of an adjoining county that has a superior court 3 designated a human trafficking court or veterans treatment court by the 4 chief administrator of the courts, order that the indictment and action 5 be removed from the court in which the matter is pending to such human 6 trafficking court or veterans treatment court, whereupon such court may 7 then conduct such action to judgment or other final disposition; 8 provided, however, that no court may order removal hereunder where the 9 accused and the person alleged to be the victim of an offense charged 10 are members of the same family or household as defined in subdivision 11 one of section 530.11 of this chapter; and provided further that an 12 order of removal issued under this subdivision shall not take effect 13 until five days after the date the order is issued unless, prior to such 14 effective date, the human trafficking court or veterans treatment court 15 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 of both counties. 24 § 5. This act shall take effect immediately.
