senate Bill S2849

Signed By Governor
2009-2010 Legislative Session

Provides for the emergency relocation of court terms; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 28, 2009 signed chap.263
Jul 17, 2009 delivered to governor
Jun 22, 2009 returned to senate
passed assembly
ordered to third reading rules cal.569
substituted for a6921
Jun 01, 2009 referred to codes
delivered to assembly
passed senate
May 18, 2009 advanced to third reading
May 13, 2009 2nd report cal.
May 12, 2009 1st report cal.328
Mar 31, 2009 reported and committed to veterans, homeland security and military affairs
Mar 04, 2009 referred to judiciary

S2849 (ACTIVE) - Details

See Assembly Version of this Bill:
A6921
Law Section:
Judiciary Law
Laws Affected:
Rpld §§8 - 12, add §8 amd §211, Judy L

S2849 (ACTIVE) - Summary

Provides for the emergency relocation of court terms; permits the governor or the chief judge to temporarily relocate court terms where there are circumstances or the threat thereof which prevent the safe and practical holding of any term.

S2849 (ACTIVE) - Sponsor Memo

S2849 (ACTIVE) - Bill Text download pdf

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

                                  2849

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 4, 2009
                               ___________

Introduced  by Sen. SAMPSON -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT  to  amend the judiciary law, in relation to the emergency relo-
  cation of terms of courts; and to repeal  certain  provisions  of  the
  judiciary law relating thereto

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

  Section 1. Sections 8, 9, 10, 11 and  12  of  the  judiciary  law  are
REPEALED and a new section 8 is added to read as follows:
  S  8.  EMERGENCY  RELOCATIONS  OF  COURT TERMS. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, IF AN EMERGENCY OR OTHER EXIGENT CIRCUMSTANCE OR
THE IMMINENT THREAT THEREOF PREVENTS THE SAFE AND PRACTICABLE HOLDING OF
A TERM OF ANY COURT AT THE LOCATION DESIGNATED BY LAW THEREFOR, THEN:
  A. THE GOVERNOR, AFTER CONSULTATION WITH THE CHIEF JUDGE OR HIS OR HER
DESIGNEE IF PRACTICABLE, MAY BY EXECUTIVE ORDER APPOINT ANOTHER LOCATION
FOR THE TEMPORARY HOLDING OF SUCH TERM IF IT IS A TERM OF A TRIAL COURT;
OR
  B. WHERE THE GOVERNOR HAS NOT ACTED PURSUANT TO PARAGRAPH  A  OF  THIS
SUBDIVISION, OR IF IT IS A TERM OF A COURT OTHER THAN A TRIAL COURT, THE
CHIEF  JUDGE  OR  HIS  OR  HER  DESIGNEE (OR THE PRESIDING JUSTICE OF AN
APPELLATE DIVISION OR HIS OR HER DESIGNEE IF IT IS A TERM OF SUCH APPEL-
LATE DIVISION OR OF  AN  APPELLATE  TERM  ESTABLISHED  IN  THE  JUDICIAL
DEPARTMENT  SERVED  BY  SUCH  APPELLATE  DIVISION)  MAY BY ORDER APPOINT
ANOTHER LOCATION FOR THE TEMPORARY HOLDING OF SUCH  TERM;  EXCEPT  THAT,
WHERE  THE  COURT  IS  A  TRIAL  COURT,  NOTHING IN THIS PARAGRAPH SHALL
PREVENT THE ISSUANCE OF A SUPERSEDING ORDER PURSUANT TO PARAGRAPH  A  OF
THIS SUBDIVISION.
  2.  TO THE EXTENT PRACTICABLE, AN ORDER PURSUANT TO SUBDIVISION ONE OF
THIS SECTION:
  A. SHALL DESIGNATE THE MOST PROXIMATE LOCATION IN WHICH SUCH  TERM  OF
COURT  SAFELY  AND  PRACTICABLY CAN BE HELD, WITHOUT LIMITATION BASED ON
THE JUDICIAL DEPARTMENT, JUDICIAL DISTRICT, COUNTY, CITY, TOWN,  VILLAGE
OR OTHER GEOGRAPHICAL DISTRICT FOR WHICH SUCH COURT WAS ESTABLISHED;

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