Bill Text: NY S00780 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides for payment by the state of certain traveling costs and fees associated with the psychiatric examination of defendants to determine mental fitness.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S00780 Detail]

Download: New_York-2023-S00780-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           780

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 6, 2023
                                       ___________

        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the criminal procedure law, in relation  to  payment  of
          certain  costs  associated with the psychiatric examination of defend-
          ants to determine mental fitness

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

     1    Section  1.  Subdivision 7 of section 730.20 of the criminal procedure
     2  law, as amended by chapter 692 of the laws of 1972, is amended  to  read
     3  as follows:
     4    7.    A  psychiatric  examiner is entitled to his reasonable traveling
     5  expenses, a fee of fifty dollars for each examination of a defendant and
     6  a fee of fifty dollars for each appearance at a court hearing  or  trial
     7  but not exceeding two hundred dollars in fees for examination and testi-
     8  mony  in  any  one  case; except that if such psychiatric examiner be an
     9  employee of the state of New York he shall be entitled only  to  reason-
    10  able  traveling  expenses,  unless  such  psychiatric examiner makes the
    11  examination or appears at a court hearing or trial outside his hours  of
    12  state  employment  in a county in which the director of community mental
    13  health services certifies to the fiscal officer thereof that there is  a
    14  shortage  of  qualified  psychiatrists available to conduct examinations
    15  under the criminal procedure law in such county, in which event he shall
    16  be entitled to the foregoing fees  and  reasonable  traveling  expenses.
    17  Such fees and traveling expenses and the costs of sending a defendant to
    18  another  place  of  detention  or  to a hospital for examination, of his
    19  maintenance therein and of returning him shall,  when  approved  by  the
    20  court, be a charge of the [county in which the defendant is being tried]
    21  state.
    22    §  2.  This  act  shall  take  effect  immediately  and shall apply to
    23  expenses occurring on and after such date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03562-01-3