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Assembly Bill A3680

2009-2010 Legislative Session

Requires submission of evidence to grand jury within 6 months of commencement of felony criminal action where defendant held for grand jury action on felony complaint

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Archive: Last Bill Status - In Assembly Committee

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2009-A3680 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง190.55, CP L

2009-A3680 (ACTIVE) - Summary

Requires the submission of evidence by a district attorney to a grand jury within 6 months of the commencement of a criminal action where a defendant is being held for grand jury action on the basis of a felony complaint filed with a local criminal court; authorizes a superior court, in its discretion, to dismiss such a felony complaint where evidence has not been submitted to a grand jury and more than 6 months have elapsed since the commencement of the criminal action.

2009-A3680 (ACTIVE) - Bill Text download pdf 

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

                                  3680

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

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

AN ACT to amend the criminal procedure law, in relation to the dismissal
  of a felony complaint

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

  Section 1. Paragraph (a) of subdivision 2 of  section  190.55  of  the
criminal  procedure  law, as amended by chapter 467 of the laws of 1974,
is amended to read as follows:
  (a)   A district attorney must submit to  a  grand  jury,  WITHIN  SIX
MONTHS  FOLLOWING  THE  COMMENCEMENT  OF  A  CRIMINAL  ACTION,  evidence
concerning a felony allegedly committed by a defendant who, on the basis
of a felony complaint filed with a local criminal court of  the  county,
has  been  held  for  the  action of a grand jury of such county, except
where indictment has been waived by the defendant  pursuant  to  article
one hundred ninety-five.
  S  2. Subdivision 2 of section 190.55 of the criminal procedure law is
amended by adding a new paragraph (a-1) to read as follows:
  (A-1) A SUPERIOR COURT MAY, IN ITS  DISCRETION,  UPON  MOTION  OF  THE
DEFENDANT, DISMISS A FELONY COMPLAINT UPON THE GROUND THAT MORE THAN SIX
MONTHS  HAVE  ELAPSED  SINCE THE COMMENCEMENT OF THE CRIMINAL ACTION AND
EVIDENCE HAS NOT BEEN SUBMITTED TO A GRAND JURY IN ACCORDANCE WITH PARA-
GRAPH (A) OF THIS SUBDIVISION.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05891-01-9

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