Bill Text: NY A09870 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to human trafficking courts; authorizes transfer of cases after arraignment, by order or with consent of the DA, to another local criminal court or a designated human trafficking court.

Spectrum: Slight Partisan Bill (Democrat 20-7)

Status: (Introduced - Dead) 2018-06-05 - substituted by s7836 [A09870 Detail]

Download: New_York-2017-A09870-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9870
                   IN ASSEMBLY
                                    February 15, 2018
                                       ___________
        Introduced  by M. of A. PAULIN, DINOWITZ, JOYNER, BARRON, BLAKE, D'URSO,
          GALEF, GOTTFRIED, JAFFEE, PICHARDO, L. ROSENTHAL, WILLIAMS, MONTESANO,
          CROUCH, DiPIETRO, PALMESANO, RAIA -- Multi-Sponsored by --  M.  of  A.
          ENGLEBRIGHT,  GIGLIO,  LUPARDO, SIMON -- read once and referred to the
          Committee on Codes
        AN ACT to amend the criminal procedure law and  the  judiciary  law,  in
          relation to human trafficking courts
          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.  (a) Notwithstanding any provision of this section to the contrary,
     4  in 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, or
    11  with  consent  of the district attorney to another court in an adjoining
    12  county, that has been designated as a human  trafficking  court  by  the
    13  chief  administrator of the courts, and such human trafficking court may
    14  then conduct  such  action  to  judgement  or  other  final  deposition;
    15  provided,  however,  that an order of removal issued under this subdivi-
    16  sion shall not take effect until five days after the date the  order  is
    17  issued unless, prior to such effective date, the human trafficking court
    18  notifies the court that issued the order that:
    19    i.  it  will not accept the action, in which event the order shall not
    20  take effect; or
    21    ii. it will accept the action on a date prior to such effective  date,
    22  in which event the order shall take effect upon such prior date.
    23    (b)  Upon  providing  notification pursuant to subparagraph i or ii of
    24  paragraph (a) of this subdivision, the  human  trafficking  court  shall
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14267-01-8
        A. 9870                             2
     1  promptly  give  notice  to  the  defendant,  his or her counsel, and the
     2  district attorney.
     3    § 2. Section 180.20 of the criminal procedure law is amended by adding
     4  a new subdivision 4 to read as follows:
     5    4.  (a) Notwithstanding any provision of this section to the contrary,
     6  in any county outside a city having a population of one million or more,
     7  upon or after arraignment of a defendant on a felony  complaint  pending
     8  in  a local criminal court having preliminary jurisdiction thereof, such
     9  court may, upon motion of the defendant and after  giving  the  district
    10  attorney  an  opportunity  to be heard, order that the action be removed
    11  from the court in which the matter is pending to another local  criminal
    12  court  in  the  same county, or with consent of the district attorney to
    13  another court in an adjoining county, that  has  been  designated  as  a
    14  human  trafficking  court  by the chief administrator of the courts, and
    15  such human trafficking court may then conduct such action to judgment or
    16  other final disposition; provided, however, that  an  order  of  removal
    17  issued  under  this  subdivision  shall  not take effect until five days
    18  after the date the order is issued unless, prior to such effective date,
    19  the human trafficking court notifies the court  that  issued  the  order
    20  that:
    21    i.  it  will not accept the action, in which event the order shall not
    22  take effect; or
    23    ii. 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.
    25    (b)  Upon  providing  notification pursuant to subparagraph i or ii of
    26  paragraph (a) of this subdivision, the  human  trafficking  court  shall
    27  promptly  give  notice  to  the  defendant,  his  or her counsel and the
    28  district attorney.
    29    § 3. Subdivision 2 of section 212 of the judiciary law is  amended  by
    30  adding a new paragraph (w) to read as follows:
    31    (w)  To  the  extent practicable, establish such number of human traf-
    32  ficking courts as may be necessary to fulfill the purposes  of  subdivi-
    33  sion  five  of  section 170.15 and subdivision four of section 180.20 of
    34  the criminal procedure law.
    35    § 4. This act shall take effect immediately.