S T A T E   O F   N E W   Y O R K
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                                    798
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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 establishing
   gun court calendars in the criminal courts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent.  The  legislature finds and declares
 that:
   (1) There has been significant growth in the use of  firearms  in  the
 commission of violent crimes.
   (2)  Many  of  the shootings are drug or gang related and endanger law
 abiding citizens.
   (3) Many of the gun offenses are committed while individuals are  free
 on bail for other offenses.
   (4)  The  growing  number of gun related offenses constitutes a burden
 upon the state of New York and threatens the domestic tranquility of the
 state and its people, especially residents  of  the  urban  areas  where
 these crimes are most prevalent.
   (5) In order to deter the use of firearms in the commission of violent
 crimes,  and  to  protect  the  law  abiding public, there must be swift
 disposition of gun related offenses in our courts, and there must be the
 certain prospect of prison terms for those who  are  convicted  of  such
 crimes.
   It  is therefore declared to be the policy of the state of New York to
 provide maximum safety and security to  its  people  from  unlawful  gun
 related  violence and intrusion upon their persons and property by expe-
 diting the processing and disposition of such cases and,  unless  other-
 wise provided, imposing prison terms that must be served.
   To accomplish this purpose in an effort to minimize delay in the proc-
 essing  of  criminal  cases  in  this  state  relating  to  the  illegal
 possession and use of guns and other dangerous weapons  there  shall  be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00017-01-7

 S. 798                              2
 
 established  a separate calendar within the jurisdiction of the criminal
 courts of this state  for  hearing  trial  and  disposition  of  actions
 brought  pursuant  to  the provisions of the penal law wherein a firearm
 was used during the commission of any crime contained therein.
   §  2.  The  criminal  procedure law is amended by adding a new section
 10.50 to read as follows:
 § 10.50 GUN COURT CALENDAR.
   1. EACH PRESIDING JUSTICE OF THE CRIMINAL COURTS OF THIS  STATE  SHALL
 CREATE  A  GUN  COURT  CALENDAR AND SHALL ASSIGN PERSONNEL TO THE EXTENT
 WARRANTED TO EXCLUSIVELY HEAR AND DECIDE ALL CRIMINAL ACTIONS  INVOLVING
 OFFENSES  WHEREIN A FIREARM WAS USED DURING THE COMMISSION OF ANY CRIME.
 SUCH CALENDAR SHALL BE REFERRED TO AS THE "GUN COURT  CALENDAR"  OF  THE
 CRIMINAL COURT FOR THE PURPOSES OF THE PROVISIONS OF THE PENAL LAW WHER-
 EIN  A  FIREARM  WAS  USED DURING THE COMMISSION OF ANY CRIME DEFINED IN
 SUCH LAW.
   2. ALL TRIALS IN THE CRIMINAL COURTS OF THIS STATE SCHEDULED FOR TRIAL
 ON THE GUN COURT CALENDAR SHALL BE COMMENCED WITHIN SIXTY  DAYS  OF  THE
 COMPLETION  OF DISCOVERY, NOTWITHSTANDING ANY OTHER PROVISION OF LAW. NO
 CONTINUANCES OR POSTPONEMENTS SHALL BE GRANTED  EXCEPT  FOR  GOOD  CAUSE
 SHOWN. SUCH CONTINUANCES AS ARE NECESSARY SHALL BE GRANTED FOR THE SHOR-
 TEST PRACTICABLE TIME.
   3.  UNDER NO CIRCUMSTANCES SHALL A DEFENDANT BE PERMITTED TO RELY UPON
 THE PROVISIONS OF THIS SECTION AS A BASIS FOR A DISMISSAL OF AN ACTION.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.