Bill Text: NY S02294 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 2294 (Prior Session Legislation)

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.