Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 15, 2013 |
signed chap.7 |
Mar 12, 2013 |
delivered to governor |
Mar 11, 2013 |
returned to assembly passed senate 3rd reading cal.131 substituted for s3034 |
Mar 11, 2013 |
substituted by a196 |
Mar 05, 2013 |
advanced to third reading |
Mar 04, 2013 |
2nd report cal. |
Feb 28, 2013 |
1st report cal.131 |
Jan 28, 2013 |
referred to codes |
Senate Bill S3034
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A196 - Signed by Governor
- 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
Actions
Votes
2013-S3034 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A196
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§730.40, 730.60 & 730.50, CP L; amd §29.11, Ment Hyg L
2013-S3034 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3034 TITLE OF BILL: An act to amend the criminal procedure law and the mental hygiene law, in relation to orders of observation for the purpose of determining incapacitation PURPOSE OF BILL: Relates to notice of discharge of persons confined pursuant to an order of observation for the purpose of determining incapacitation. SUMMARY OF PROVISIONS OF BILL: Section 1 amends section 730.40 of the criminal procedure law to require the district attorney to provide information to the commissioner of mental health about persons who may reasonably be expected to be a victim of an assault or violent felony offense. Sections 2, 3 and 4 make conforming changes to relevant provisions of the criminal procedure law. Section 5 makes conforming changes to the mental hygiene law. Section 6 is the effective date. JUSTIFICATION: Legislation enacted in 2012 (Chapter 476 of 2012) expanded the duty of the Commissioner of Mental Health and the Commissioner of the Office for People with Developmental Disabilities
2013-S3034 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3034 2013-2014 Regular Sessions I N S E N A T E January 28, 2013 ___________ Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law and the mental hygiene law, in relation to orders of observation for the purpose of determining incapacitation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 730.40 of the criminal procedure law, as amended by section 2 of part Q of chapter 56 of the laws of 2012, is amended to read as follows: 1. When a local criminal court, following a hearing conducted pursuant to subdivision three or four of section 730.30 OF THIS ARTICLE, is satisfied that the defendant is not an incapacitated person, the crimi- nal action against him or her must proceed. If it is satisfied that the defendant is an incapacitated person, or if no motion for such a hearing is made, such court must issue a final or temporary order of observation committing him or her to the custody of the commissioner for care and treatment in an appropriate institution for a period not to exceed nine- ty days from the date of the order, provided, however, that the commis- sioner may designate an appropriate hospital for placement of a defend- ant for whom a final order of observation has been issued, where such hospital is licensed by the office of mental health and has agreed to accept, upon referral by the commissioner, defendants subject to final orders of observation issued under this subdivision. When a local crimi- nal court accusatory instrument other than a felony complaint has been filed against the defendant, such court must issue a final order of observation. When a felony complaint has been filed against the defend- ant, such court must issue a temporary order of observation committing him or her to the custody of the commissioner for care and treatment in an appropriate institution or, upon the consent of the district attor- ney, committing him or her to the custody of the commissioner for care EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04891-01-3
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