Bill Text: NY S02294 | 2011-2012 | General Assembly | Introduced
Bill Title: Directs the establishment of gun court calendars in criminal courts to hear cases involving unlawful gun possession and use and requires the expeditious scheduling of trials conducted therein; makes various provisions for the establishment of such calendar.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-01-18 - REFERRED TO CODES [S02294 Detail]
Download: New_York-2011-S02294-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2294 2011-2012 Regular Sessions I N S E N A T E January 18, 2011 ___________ Introduced by Sen. KRUGER -- 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 establishing gun court calendars in the criminal courts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative intent. The legislature finds and declares 2 that: 3 (1) There has been significant growth in the use of firearms in the 4 commission of violent crimes. 5 (2) Many of the shootings are drug or gang related and endanger law 6 abiding citizens. 7 (3) Many of the gun offenses are committed while individuals are free 8 on bail for other offenses. 9 (4) The growing number of gun related offenses constitutes a burden 10 upon the state of New York and threatens the domestic tranquility of the 11 state and its people, especially residents of the urban areas where 12 these crimes are most prevalent. 13 (5) In order to deter the use of firearms in the commission of violent 14 crimes, and to protect the law abiding public, there must be swift 15 disposition of gun related offenses in our courts, and there must be the 16 certain prospect of prison terms for those who are convicted of such 17 crimes. 18 It is therefore declared to be the policy of the state of New York to 19 provide maximum safety and security to its people from unlawful gun 20 related violence and intrusion upon their persons and property by expe- 21 diting the processing and disposition of such cases and, unless other- 22 wise provided, imposing prison terms that must be served. 23 To accomplish this purpose in an effort to minimize delay in the proc- 24 essing of criminal cases in this state relating to the illegal 25 possession and use of guns and other dangerous weapons there shall be EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07288-01-1 S. 2294 2 1 established a separate calendar within the jurisdiction of the criminal 2 courts of this state for hearing trial and disposition of actions 3 brought pursuant to the provisions of the penal law wherein a firearm 4 was used during the commission of any crime contained therein. 5 S 2. The criminal procedure law is amended by adding a new section 6 10.50 to read as follows: 7 S 10.50 GUN COURT CALENDAR. 8 1. EACH PRESIDING JUSTICE OF THE CRIMINAL COURTS OF THIS STATE SHALL 9 CREATE A GUN COURT CALENDAR AND SHALL ASSIGN PERSONNEL TO THE EXTENT 10 WARRANTED TO EXCLUSIVELY HEAR AND DECIDE ALL CRIMINAL ACTIONS INVOLVING 11 OFFENSES WHEREIN A FIREARM WAS USED DURING THE COMMISSION OF ANY CRIME. 12 SUCH CALENDAR SHALL BE REFERRED TO AS THE "GUN COURT CALENDAR" OF THE 13 CRIMINAL COURT FOR THE PURPOSES OF THE PROVISIONS OF THE PENAL LAW WHER- 14 EIN A FIREARM WAS USED DURING THE COMMISSION OF ANY CRIME CONTAINED 15 THEREIN. 16 2. ALL TRIALS IN THE CRIMINAL COURTS OF THIS STATE SCHEDULED FOR TRIAL 17 ON THE GUN COURT CALENDAR SHALL BE COMMENCED WITHIN SIXTY DAYS OF THE 18 COMPLETION OF DISCOVERY NOTWITHSTANDING ANY OTHER PROVISION OF LAW. NO 19 CONTINUANCES OR POSTPONEMENTS SHALL BE GRANTED EXCEPT FOR GOOD CAUSE 20 SHOWN. SUCH CONTINUANCES AS ARE NECESSARY SHALL BE GRANTED FOR THE SHOR- 21 TEST PRACTICABLE TIME. 22 3. UNDER NO CIRCUMSTANCES SHALL A DEFENDANT BE PERMITTED TO RELY UPON 23 THE PROVISIONS OF THIS SECTION AS A BASIS FOR A DISMISSAL OF AN ACTION. 24 S 3. This act shall take effect on the thirtieth day after it shall 25 have become a law.