Assembly Bill A1879

2013-2014 Legislative Session

Relates to the judicial diversion program and the crime of unauthorized departure from a rehabilitation facility

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A1879 (ACTIVE) - Details

See Senate Version of this Bill:
S1879
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L; add §205.70, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3349
2015-2016: A4008, S1901
2017-2018: S2050

2013-A1879 (ACTIVE) - Summary

Relates to the judicial diversion program for alcohol and substance abuse offenders; requires court to consider, review and document evidence relating to a defendant's propensity for violent conduct prior to ordering such defendant into a judicial diversion program; establishes the crime of unauthorized departure from a rehabilitation facility.

2013-A1879 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1879

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. TENNEY -- read once and referred to the Committee
  on Codes

AN  ACT to amend the criminal procedure law, in relation to the judicial
  diversion program for alcohol and substance abuse  offenders;  and  to
  amend  the  penal law, in relation to the crime of unauthorized depar-
  ture from a rehabilitation facility

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivisions 4, 5, 8 and paragraph (a) of subdivision 9 of
section  216.05  of the criminal procedure law, as added by section 4 of
part AAA of chapter 56 of the laws of 2009, subdivision 8 as amended  by
chapter 347 of the laws of 2012, are amended to read as follows:
  4.  When an authorized court, AFTER CONSIDERING THE UNDERLYING CHARGES
AND THE PROPENSITY OR LACK THEREOF FOR VIOLENT CONDUCT OF THE DEFENDANT,
AND AFTER REVIEWING OR HEARING ONE OR MORE WRITTEN OR ORAL OPINIONS FROM
A LICENSED PSYCHOLOGIST OR PSYCHIATRIST AS  TO  THE  PROPENSITY  OF  THE
DEFENDANT  FOR FUTURE VIOLENT CONDUCT, AND AFTER MAKING AN ON-THE-RECORD
DETERMINATION AS TO THE REASONS WHY, BASED ON ALL EVIDENCE,  determines,
pursuant  to paragraph (b) of subdivision three of this section, that an
eligible defendant should be offered alcohol or substance  abuse  treat-
ment, or when the parties and the court agree to an eligible defendant's
participation  in  alcohol  or  substance  abuse  treatment, an eligible
defendant may be  allowed  to  participate  in  the  judicial  diversion
program  offered by this article.  Prior to the court's issuing an order
granting judicial diversion, the eligible defendant shall be required to
enter a plea of guilty to the charge or charges; provided, however, that
no such guilty plea shall be required when:
  (a) the people and the court consent to the entry  of  such  an  order
without a plea of guilty; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02811-01-3
              

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