Bill Text: NY A07647 | 2019-2020 | General Assembly | Introduced

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Bill Title: Permits the detention of individuals in a county jail pending a first court appearance in an off-hours arraignment part.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2019-12-16 - approval memo.52 [A07647 Detail]

Download: New_York-2019-A07647-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7647

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 14, 2019
                                       ___________

        Introduced  by  M.  of  A.  WEPRIN -- (at request of the Office of Court
          Administration)  --  read  once  and  referred  to  the  Committee  on
          Correction

        AN  ACT  to  amend  the  correction law, in relation to the detention of
          individuals in a county jail pending a first court  appearance  in  an
          off-hours arraignment part

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

     1    Section 1. Section 500-a of the correction law is amended by adding  a
     2  new subdivision 2-t to read as follows:
     3    2-t.  Notwithstanding  any  other  provision  of  law, where the chief
     4  administrator of the courts establishes an off-hours arraignment part in
     5  a county in accordance with paragraph (w)  of subdivision one of section
     6  two hundred twelve of the judiciary law, the county correctional facili-
     7  ty may be used for the detention of persons under arrest being held  for
     8  arraignment in such part.
     9    §  2.  Section  500-c of the correction law is amended by adding a new
    10  subdivision 26 to read as follows:
    11    26. Notwithstanding any other provision of law, where the chief admin-
    12  istrator of the courts establishes an off-hours arraignment  part  in  a
    13  county  in  accordance with paragraph (w)  of subdivision one of section
    14  two hundred twelve of the judiciary law,  all  the  provisions  of  this
    15  section  shall  equally apply in any case where the sheriff is holding a
    16  person under arrest for arraignment prior  to  commitment,  as  if  such
    17  person  had  been judicially committed to the custody of the sheriff and
    18  such person may be held in such county correctional facility.
    19    § 3. This act shall take effect immediately;  provided  however,  that
    20  the  amendments  to  section 500-c of the correction law made by section
    21  two of this act shall not affect the repeal of such section and shall be
    22  deemed to repeal therewith.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09688-01-9