S T A T E O F N E W Y O R K
I N S E N A T E
March 8, 2012
Introduced by Sen. SALAND -- (at request of the Office of Court Adminis-
tration) -- 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 authorizing a
judicial hearing officer to accept a guilty plea when assigned to
conduct a trial
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 350.20 of the criminal procedure
law, as added by chapter 840 of the laws of 1983, is amended to read as
2. In the discharge of this responsibility, the judicial hearing offi-
cer shall have the same powers as a judge of the court in which the
proceeding is pending, WHICH INCLUDES EXERCISING JURISDICTION OVER THE
PROCEEDING AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION 1.20 AND
SUBDIVISION ONE OF SECTION 10.30 OF THIS CHAPTER. The rules of evidence
shall be applicable at a trial conducted by a judicial hearing officer.
S 2. Subdivision 1 of section 380.10 of the criminal procedure law, as
amended by chapter 840 of the laws of 1983, is amended to read as
1. In general. The procedure prescribed by this title applies to
sentencing for every offense, whether defined within or outside of the
penal law; provided, however, where a judicial hearing officer has
conducted the trial pursuant to SUBDIVISION TWENTY-FOUR OF SECTION 1.20
AND section 350.20 of this chapter, all references to a court herein
shall be deemed references to such judicial hearing officer.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.