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

New York Assembly Bill 9833 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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--A
                   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
        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.  Subdivision 4 of section 170.15 of the criminal procedure
     2  law, as amended by chapter 67 of the laws of 2000, is amended to read as
     3  follows:
     4    4. Notwithstanding any provision of this section to the  contrary,  in
     5  any  county  outside  a city having a population of one million or more,
     6  upon or after arraignment of a defendant on an information, a simplified
     7  information, a prosecutor's information or a misdemeanor complaint pend-
     8  ing in a local criminal court,  such  court  may,  upon  motion  of  the
     9  defendant  and  [with the consent of] after giving the district attorney
    10  an opportunity to be heard, order that the action be  removed  from  the
    11  court  in which the matter is pending to another local criminal court in
    12  the same county which has been designated a [drug] court  other  than  a
    13  drug court, formed to address a matter of special concern based upon the
    14  status  of  the  defendant  or  the victim, commonly known as a "problem
    15  solving court," including, but not limited to, domestic violence  court,
    16  youth  court,  mental  health  court,  and  veterans court, by the chief
    17  administrator of the courts, and such [drug] problem solving  court  may
    18  then conduct such action to [judgement] judgment or other final disposi-
    19  tion;  provided,  however,  that  an  order of removal issued under this
    20  subdivision shall not take effect until five days  after  the  date  the
    21  order is issued unless, prior to such effective date, the [drug] problem
    22  solving court notifies the court that issued the order that:
    23    (a)  it will not accept the action, in which event the order shall not
    24  take effect, or
    25    (b) it will accept the action on a date prior to such effective  date,
    26  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.
                                                                   LBD13650-02-6

        A. 9833--A                          2
     1    Upon  providing  notification pursuant to paragraph (a) or (b) of this
     2  subdivision, the [drug] problem solving court shall promptly give notice
     3  to the 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.