Bill Text: NY A09833 | 2015-2016 | General Assembly | Amended

---

Bill Title: Relates to the removal of an action from a problem solving court; provides that a "problem solving court" shall include, but not be limited to, domestic violence court, youth court, mental health court and veterans court.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-06-14 - reported referred to rules [A09833 Detail]

Download: New_York-2015-A09833-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         9833--B
                   IN ASSEMBLY
                                     April 12, 2016
                                       ___________
        Introduced  by M. of A. GALEF -- read once and referred to the Committee
          on Codes -- committee discharged, bill amended, ordered  reprinted  as
          amended  and recommitted to said committee -- again reported from said
          committee with amendments, ordered reprinted as amended and  recommit-
          ted to said committee
        AN  ACT  to  amend the criminal procedure law, in relation to a "problem
          solving court"
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1.  Section 170.15 of the criminal procedure law is amended by
     2  adding a new subdivision 5 to read as follows:
     3    5.  Notwithstanding  any provision of this section to the contrary, in
     4  any county outside a city having a population of one  million  or  more,
     5  upon or after arraignment of a defendant on an information, a simplified
     6  information, a prosecutor's information or a misdemeanor complaint pend-
     7  ing  in  a  local  criminal  court,  such  court may, upon motion of the
     8  defendant and after giving the district attorney an  opportunity  to  be
     9  heard,  order  that  the  action  be removed from the court in which the
    10  matter is pending to another local criminal court  in  the  same  county
    11  which  has  been  designated a court, other than a drug court, formed to
    12  address a matter of special concern based upon the status of the defend-
    13  ant or victim, commonly known as a "problem  solving  court",  including
    14  but  not limited to, domestic violence court, youth court, mental health
    15  court, and veterans court, by the chief administrator of the courts, and
    16  such problem solving court may then conduct such action to  judgment  or
    17  other  final  disposition;  provided,  however, that an order of removal
    18  issued under this subdivision shall not  take  effect  until  five  days
    19  after the date the order is issued unless, prior to such effective date,
    20  the problem solving court notifies the court that issued the order that:
    21    (a)  it will not accept the action, in which event the order shall not
    22  take effect, or
    23    (b) it will accept the action on a date prior to such effective  date,
    24  in which event the order shall take effect upon such prior date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13650-04-6
        A. 9833--B                          2
     1    Upon  providing  notification pursuant to paragraph (a) or (b) of this
     2  subdivision, the problem solving court shall promptly give notice to the
     3  defendant, his or her counsel and the district attorney.
     4    §  2.  This  act  shall take effect on the sixtieth day after it shall
     5  have become a law.