Bill Text: NY S03039 | 2017-2018 | General Assembly | Introduced


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, drug court, domestic violence court, youth court, mental health court and veterans court.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2018-03-26 - referred to codes [S03039 Detail]

Download: New_York-2017-S03039-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3039
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 19, 2017
                                       ___________
        Introduced  by Sen. CARLUCCI -- 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  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 the district attorney, order that  the
    10  action  be  removed  from  the  court  in which the matter is pending to
    11  another local criminal court in the same county which  has  been  desig-
    12  nated a [drug] court formed to address a matter of special concern based
    13  upon  the  status  of  the  defendant or the victim, commonly known as a
    14  "problem solving court," including, but  not  limited  to,  drug  court,
    15  domestic  violence court, youth court, mental health court, and veterans
    16  court, by the chief administrator of the courts, and such [drug] problem
    17  solving court may then conduct such action to  [judgement]  judgment  or
    18  other  final  disposition;  provided,  however, that an order of removal
    19  issued under this subdivision shall not  take  effect  until  five  days
    20  after the date the order is issued unless, prior to such effective date,
    21  the  [drug]  problem  solving  court  notifies the court that issued the
    22  order that:
    23    (a) it will not accept the action, in which event the order shall  not
    24  take effect, or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08719-01-7

        S. 3039                             2
     1    (b)  it will accept the action on a date prior to such effective date,
     2  in which event the order shall take effect upon such prior date.
     3    Upon  providing  notification pursuant to paragraph (a) or (b) of this
     4  subdivision, the [drug] problem solving court shall promptly give notice
     5  to the defendant, his or her counsel and the district attorney.
     6    § 2. This act shall take effect immediately.
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