senate Bill S4336

Relates to the location of presiding judge at arraignment, appearance proceedings and pursuant to a warrant

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 21 / Mar / 2013
    • REFERRED TO JUDICIARY
  • 04 / Jun / 2013
    • 1ST REPORT CAL.1018
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2013
    • PASSED SENATE
  • 11 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2013
    • REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY
  • 28 / Jan / 2014
    • 1ST REPORT CAL.79
  • 03 / Feb / 2014
    • 2ND REPORT CAL.
  • 04 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO JUDICIARY

Summary

Relates to the location of presiding judge at arraignment, appearance proceedings and pursuant to a warrant.

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Bill Details

See Assembly Version of this Bill:
A7073
Versions:
S4336
Legislative Cycle:
2013-2014
Current Committee:
Assembly Judiciary
Law Section:
Uniform Justice Court Act
Laws Affected:
Amd ยง106, UJCA
Versions Introduced in 2011-2012 Legislative Cycle:
S6665, A10689

Sponsor Memo

BILL NUMBER:S4336

TITLE OF BILL: An act to amend the uniform justice court act, in
relation to the location of the presiding justice in certain
circumstances

PURPOSE:

Relates to the location of presiding judge at arraignment, appearance
proceedings and pursuant to a warrant

SUMMARY OF PROVISIONS:

Section 1. Amends section 106 of the uniform justice court act to
provide that for purposes of arraignments, appearance proceedings or
pursuant to warrant, a town or village justice may preside anywhere in
the county given specified conditions.

Section 2. Effective Date

JUSTIFICATION:

Currently, a justice from a town where a misdemeanor offense occurs is
called first, and if he/she is not available, police are limited to a
justice from a contiguous municipality. In some instances, this has
not provided an appropriate fail safe for timely arraignments. In
fact, it has been reported, that on occasion, town justices were
unavailable or unable to respond to police requests to perform
arraignment. This not only leads to court inefficiencies but also
consumes the time of law enforcement while waiting for a justice to be
located to arraign the perpetrator.

In general, informal agreements are utilized to make sure that a
justice is available at all times, however, this has not proven to be
reliable in some instances. This bill allows the chief administrator
of the courts to create a formal emergency plan that would include a
system of backup justices available when all other options have been
exhausted.

LEGISLATIVE HISTORY:

S. 6665 of 2012: Referred to Judiciary

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  4336

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 21, 2013
                               ___________

Introduced by Sen. YOUNG -- (at request of the Legislative Commission on
  Rural  Resources)  -- read twice and ordered printed, and when printed
  to be committed to the Committee on Judiciary

AN ACT to amend the uniform  justice  court  act,  in  relation  to  the
  location of the presiding justice in certain circumstances

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

  Section 1. Subdivision 1 of section 106 of the uniform  justice  court
act,  as  amended  by  section  1 of part L of chapter 56 of the laws of
2010, is amended to read as follows:
  1. A justice may hold court anywhere in the municipality including  in
the  case  of  a town justice anywhere within a village wholly or partly
contained within the town of which he is a justice regardless of whether
or not said village has a village court and in the  event  two  or  more
contiguous  villages  maintain  offices  in the same building, a village
justice of any such village may hold court in  such  building,  notwith-
standing  that the building is outside the boundaries of such village. A
town justice may hold court in an adjacent town providing  such  justice
has  been  elected  or  holds  office  pursuant to a plan established by
resolution which was adopted pursuant to the provisions of  section  one
hundred  six-a  of this article or the provisions of section one hundred
six-b of this article. A justice may hold court in one or  more  munici-
palities that form a contiguous geographic area, including in a town and
one  or more villages each of which is wholly or partly contained within
such town, within the  same  county  providing  there  is  an  agreement
between  such  municipalities pursuant to article [five-g] FIVE-G of the
general municipal law to hold all court proceedings in any of  the  such
municipalities  in  a  courtroom  or other suitable facility open to the
public.  FOR PURPOSES OF ARRAIGNMENTS, APPEARANCE PROCEEDINGS OR  PURSU-
ANT  TO A WARRANT, A JUSTICE MAY PRESIDE ANYWHERE IN THE COUNTY PROVIDED
THAT:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04956-01-3

S. 4336                             2

  A. A JUSTICE CANNOT BE SECURED IN THE MUNICIPALITY WHERE THE  INCIDENT
OCCURRED;
  B. THE RECEIVING MUNICIPALITY HAS BEEN CONTACTED AND CANNOT SECURE ANY
OF THE JUSTICES WITHIN THE CONTIGUOUS BOUNDARY; AND
  C.  THE  JUSTICE IS ASSIGNED PURSUANT TO AN EMERGENCY PLAN THAT MAY BE
ESTABLISHED BY THE CHIEF ADMINISTRATOR OF THE COURTS WITHIN  THE  JURIS-
DICTION  WHEN THE REQUIREMENTS UNDER PARAGRAPHS A AND B OF THIS SUBDIVI-
SION HAVE BEEN EXHAUSTED.
  S 2. This act shall take effect immediately.

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