Bill Text: NY A08360 | 2019-2020 | 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; and relates to the removal of certain actions to veterans treatment courts.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-01-30 - print number 8360a [A08360 Detail]
Download: New_York-2019-A08360-Introduced.html
Bill Title: Authorizes the chief administrator of the courts to establish veterans treatment courts; and relates to the removal of certain actions to veterans treatment courts.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-01-30 - print number 8360a [A08360 Detail]
Download: New_York-2019-A08360-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8360 2019-2020 Regular Sessions IN ASSEMBLY June 15, 2019 ___________ Introduced by M. of A. GALEF -- 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 (x) to read as follows: 3 (x) 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 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 [to another court in] of an 18 adjoining county, to a court in such adjoining county that has been 19 designated as a human trafficking court or veterans treatment court by 20 the chief administrator of the courts, and such human trafficking court 21 or veterans treatment court may then conduct such action to [judgement] 22 judgment or other final deposition; provided, however, that the consent 23 of the district attorney shall be required before the court may order EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11046-01-9A. 8360 2 1 removal to another local criminal court in the same county where the 2 accused and the person alleged to be the victim of an offense charged 3 are members of the same family or household as defined in subdivision 4 one of section 530.11 of this chapter; and provided further that an 5 order of removal issued under this subdivision shall not take effect 6 until five days after the date the order is issued unless, prior to such 7 effective date, the human trafficking court or veterans treatment court 8 notifies the court that issued 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 [to27another court in] of an adjoining county, to a court in such adjoining 28 county that has been designated as a human trafficking court or veterans 29 treatment court by the chief administrator of the courts, and such human 30 trafficking court or veterans treatment court may then conduct such 31 action to judgment or other final disposition; provided, however, that 32 the consent of the district attorney shall be required before the court 33 may order removal to another local criminal court in the same county 34 where the accused and the person alleged to be the victim of an offense 35 charged are members of the same family or household as defined in subdi- 36 vision one of section 530.11 of this chapter; and provided further an 37 order of removal issued under this subdivision shall not take effect 38 until five days after the date the order is issued unless, prior to such 39 effective date, the human trafficking court or veterans treatment court 40 notifies the court that issued the order that: 41 i. it will not accept the action, in which event the order shall not 42 take effect; or 43 ii. it will accept the action on a date prior to such effective date, 44 in which event the order shall take effect upon such prior date. 45 (b) Upon providing notification pursuant to subparagraph i or ii of 46 paragraph (a) of this subdivision, the human trafficking court or veter- 47 ans treatment court shall promptly give notice to the defendant, his or 48 her counsel and the district attorney. 49 § 4. The criminal procedure law is amended by adding a new section 50 230.21 to read as follows: 51 § 230.21 Removal of action to an adjoining county. 52 1. In any county outside a city having a population of one million or 53 more, the court may, upon motion of the defendant and after giving the 54 district attorney an opportunity to be heard, and with consent of the 55 district attorney of an adjoining county that has a superior court 56 designated a veterans treatment court by the chief administrator of theA. 8360 3 1 courts, order that the indictment and action be removed from the court 2 in which the matter is pending to such veterans treatment court, where- 3 upon such court may then conduct such action to judgment or other final 4 disposition; provided, however, that the consent of the district attor- 5 ney of the county in which the action and indictment are pending shall 6 be required before the court may order removal hereunder where the 7 accused and the person alleged to be the victim of an offense charged 8 are members of the same family or household as defined in subdivision 9 one of section 530.11 of this chapter; and provided further that an 10 order of removal issued under this subdivision shall not take effect 11 until five days after the date the order is issued unless, prior to such 12 effective date, the veterans treatment court notifies the court that 13 issued the order that: 14 (a) it will not accept the action, in which event the order shall not 15 take effect, or 16 (b) it will accept the action on a date prior to such effective date, 17 in which event the order shall take effect upon such prior date. 18 2. Upon providing notification pursuant to paragraph (a) or (b) of 19 subdivision one of this section, the veterans treatment court shall 20 promptly give notice to the defendant, his or her counsel and the 21 district attorney of both counties. 22 § 5. This act shall take effect immediately.