S T A T E   O F   N E W   Y O R K
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                                  5899

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the uniform justice court act, in relation to the  right
  of  defendants  in  misdemeanor  or  felony  cases to have such matter
  appear before a judge or justice admitted to practice law in New York

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

  Section  1.  The  uniform justice court act is amended by adding a new
section 105-a to read as follows:
  S 105-A. ELECTION TO PROCEED IN CERTAIN CRIMINAL ACTIONS. A. A DEFEND-
ANT APPEARING IN A JUSTICE COURT PURSUANT TO  AN  ACCUSATORY  INSTRUMENT
THAT CHARGES A MISDEMEANOR OR FELONY MAY ELECT TO PROCEED IN SUCH MATTER
ONLY  BEFORE  A JUSTICE OR JUDGE ADMITTED TO PRACTICE LAW IN THIS STATE.
SUCH ELECTION SHALL BE BY WRITTEN INSTRUMENT IN A FORM PRESCRIBED BY THE
CHIEF ADMINISTRATOR OF THE COURTS AND SHALL BE FILED WITH SUCH COURT NOT
LATER THAN THE COMPLETION OF THE FIRST APPEARANCE AT  WHICH  EITHER  THE
DEFENDANT  MAKES  A  MOTION  OR  SUCH COURT DECIDES A MOTION MADE BY THE
PROSECUTOR, OTHER THAN A MOTION IN RELATION TO ANY MATTER  SPECIFIED  IN
SUBDIVISION B OF THIS SECTION.
  B.  NOTWITHSTANDING  AN  ELECTION  PURSUANT  TO  SUBDIVISION A OF THIS
SECTION, A JUSTICE OR JUDGE NOT ADMITTED TO PRACTICE LAW IN  THIS  STATE
MAY  ARRAIGN  THE DEFENDANT, ENTER A PLEA, VACATE A PLEA ENTERED BY SUCH
JUSTICE OR JUDGE, ISSUE OR MODIFY A SECURING ORDER, FIX OR MODIFY  BAIL,
ASSIGN  COUNSEL,  CONDUCT  A  PROCEEDING PURSUANT TO ARTICLE ONE HUNDRED
SEVENTY OR ONE HUNDRED EIGHTY OF THE CRIMINAL  PROCEDURE  LAW,  ISSUE  A
TEMPORARY  ORDER  OF  PROTECTION,  OR  SUSPEND A LICENSE OR REGISTRATION
PURSUANT TO ARTICLE TWENTY OF THE VEHICLE AND TRAFFIC LAW.
  C. THE CHIEF ADMINISTRATOR SHALL PROMULGATE RULES  TO  EFFECTUATE  THE
PROVISIONS  OF THIS SECTION. SUCH RULES SHALL ENSURE THAT DEFENDANTS ARE
TIMELY ADVISED OF THE RIGHT OF ELECTION ESTABLISHED IN THIS SECTION  AND
THAT  EACH  CASE IN WHICH A DEFENDANT MAKES SUCH AN ELECTION IS ASSIGNED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09481-01-9
              

A. 5899                             2

TO A JUSTICE OR JUDGE ADMITTED TO PRACTICE LAW IN THIS STATE WITH  MINI-
MUM PRACTICABLE DELAY AND BURDEN TO THE PARTIES.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized and  directed  to
be made and completed on or before such date.