Senate Bill S2062

2009-2010 Legislative Session

Creates "infant defensive bureau" in each county to represent persons at least 16 years of age and under 21 years of age charged with a felony crime

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Archive: Last Bill Status - In Senate Committee Codes Committee

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Feb 11, 2009	referred to codes

co-Sponsors

2009-S2062 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add Art 735 §§735.10 - 735.45, CP L

2009-S2062 (ACTIVE) - Summary

Creates "infant defensive bureau" in each county to represent persons at least 16 years of age and under 21 years of age charged with a felony crime.

2009-S2062 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2062

 TITLE OF BILL :
An act to amend the criminal procedure law, in relation to creating an
infant defensive bureau


 PURPOSE :
Directs the creation of an "Infant Defensive Bureau" in each county of
the state in order to assure the appropriate criminal representation
and treatment of persons aged 16 through 20 who stand charged with a
felony.

 SUMMARY OF PROVISIONS :
Section 1 adds a new Article 735 to the Criminal Procedure Law,
entitled "Infant Defensive Bureau."

CPL § 735.10 provides for the creation, within each county of the
state, an "infant defensive bureau" for persons 16 through 20 charged
with a felony.

CPL § 735.15 directs the County Executive of each county to appoint an
Executive Director of such bureau who shall employ personnel as
required. Bureau personnel must include, but is not limited to,
attorneys with at least five years of criminal law experience who are
approved by the chief judge of the court of appeals, and shall be paid

a salary of at least $50,000, as well as probation officers,
psychologists and psychiatrists. This section also requires that
employees of the Infant Defensive Bureau be representative of the
ethnic diversity of the county in which the bureau is located.

CPL § 735.20 provides that any person aged 16 through 21 who is
charged with a felony must be:

* turned over to the bureau for arraignment within six hours of
arrest;

* kept separate from "any inmates incarcerated in the arraigning
location"; and

* appointed an attorney employed by the bureau at the time of
arraignment.

CPL § 735.25 requires personal notification of an arrest and
arraignment of an infant to the defendant's parents or loci parentis
"as soon as practicable," unless the court deems such notification
impossible.

CPL § 735.30 provides that this article shall supersede any
conflicting provisions of Article 720 (Youthful Offender Procedure),
and that this article shall be strictly construed.

CPL § 735.35 provides that any trial brought under this article shall
be a jury trial, unless such right is waived.

CPL § 735.40 provides that records of a proceeding against a defendant
shall be sealed, and released only upon a court order complying with
the applicable provisions of the CPL see CPL 720.15(1) and 720.35(2).

CPL § 735.45 provides for the restoration of a defendant's civil
rights ten years after a defendant's confinement and completion of
parole, upon application to the Governor.

Section 2 makes this article effective on the first day of November
after it has become law.

 EXISTING LAW :
County Law Article 18-B requires each county throughout the state to
implement a plan to provide legal representation for indigent persons
charged with a crime. It does not specifically provide for counsel for
persons under age 21. Such a plan for legal counsel must include
either representation by a public defender, legal aid society, bar
association-sponsored private attorney, or a combination of the above.

 JUSTIFICATION :
This legislation will ensure that adolescents charged with serious
criminal offenses are afforded specialized and protective legal
defense services at all stages of a criminal prosecution. Current law
fails to adequately provide the means or mechanisms by which the most
vulnerable segment of our population can be appropriately safeguarded
from the weightiness of the criminal justice system.

Our sense of fairness and justice compels a more client-centered
approach to the defense of serious criminal charges against a child.
Individualized and case-sensitive management of a youth charged with a
criminal offense, with the provision of a full array of supportive
mental health and protective services, is the least our government can
do to positively shape our children.

The immediate and continuing involvement of an accused child's
caretaker in any criminal process, too, is essential for the positive
development of our youths.

 LEGISLATIVE HISTORY :
2003-04: S.1842/A.4201 - Referred to Codes.

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2009-S2062 (ACTIVE) - Bill Text download pdf

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

                                  2062

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced  by  Sens.  HUNTLEY,  ADAMS,  DIAZ,  ESPADA -- 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 creating an
  infant defensive bureau

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

  Section 1. The criminal procedure law is amended by adding a new arti-
cle 735 to read as follows:
                  ARTICLE 735 - INFANT DEFENSIVE BUREAU
SECTION 735.10 CREATION OF INFANT DEFENSIVE BUREAU.
        735.15 EMPLOYEES OF BUREAU.
        735.20 REPRESENTATION BY BUREAU.
        735.25 NOTIFICATION OF PROCEEDINGS.
        735.30 CONFLICT WITH YOUTHFUL OFFENDER PROCEDURE.
        735.35 RIGHT TO JURY TRIAL.
        735.40 SEALING OF RECORDS.
        735.45 RESTORATION OF CIVIL RIGHTS.
S 735.10 CREATION OF INFANT DEFENSIVE BUREAU.
  THERE  IS  HEREBY CREATED IN EACH COUNTY OF THE STATE AN INFANT DEFEN-
SIVE BUREAU FOR PERSONS AT LEAST SIXTEEN YEARS OLD AND LESS  THAN  TWEN-
TY-ONE YEARS OLD CHARGED WITH A FELONY CRIME.
S 735.15 EMPLOYEES OF BUREAU.
  THE  COUNTY EXECUTIVE OF EACH COUNTY SHALL APPOINT AN EXECUTIVE DIREC-
TOR OF THE BUREAU WHO MAY EMPLOY AND AT PLEASURE REMOVE  SUCH  PERSONNEL
AS  HE  OR SHE DEEMS NECESSARY FOR THE PERFORMANCE OF THE BUREAU'S FUNC-
TIONS AND FIX THEIR  COMPENSATION  WITHIN  THE  AMOUNTS  MADE  AVAILABLE
THEREFOR.  THE  PERSONNEL  SHALL INCLUDE BUT NOT BE LIMITED TO ATTORNEYS
WITH AT LEAST FIVE YEARS OF CRIMINAL LAW EXPERIENCE AND APPROVED BY  THE
CHIEF  JUDGE  OF THE COURT OF APPEALS AT A SALARY OF NOT LESS THAN FIFTY
THOUSAND DOLLARS, PROBATION OFFICERS, PSYCHOLOGISTS, AND  PSYCHIATRISTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02679-01-9

S. 2062                             2

THE EMPLOYEES OF THE BUREAU SHALL BE REPRESENTATIVE OF THE ETHNIC DIVER-
SITY OF THE RESPECTIVE COUNTY IN WHICH THE BUREAU IS LOCATED.
S 735.20 REPRESENTATION BY BUREAU.
  ANY PERSON SET FORTH IN SECTION 735.10 OF THIS ARTICLE SHALL BE TURNED
OVER TO THE BUREAU FOR ARRAIGNMENT WITHIN SIX HOURS OF HIS OR HER ARREST
AND  DURING  SAID  ARRAIGNMENT  SHALL  BE KEPT SEPARATE FROM ANY INMATES
INCARCERATED IN THE ARRAIGNING LOCATION. AN  ATTORNEY  EMPLOYED  BY  THE
BUREAU  SHALL  BE  APPOINTED AT THE TIME OF ARRAIGNMENT TO REPRESENT THE
DEFENDANT.
S 735.25 NOTIFICATION OF PROCEEDINGS.
  PERSONAL NOTIFICATION OF AN ARREST AND ARRAIGNMENT UNDER THIS  ARTICLE
SHALL BE GIVEN AS SOON AS PRACTICABLE TO THE DEFENDANT'S PARENTS OR LOCI
PARENTIS  BY  SERVICE  OF  AN APPEARANCE SUBPOENA UNLESS THE COURT DEEMS
SUCH NOTIFICATION IMPOSSIBLE.
S 735.30 CONFLICT WITH YOUTHFUL OFFENDER PROCEDURE.
  THE  PROVISIONS  OF  THIS  ARTICLE  SHALL  SUPERSEDE  ANY  CONFLICTING
PROVISIONS OF THE YOUTHFUL OFFENDER PROCEDURE SET FORTH IN ARTICLE SEVEN
HUNDRED  TWENTY  OF THIS TITLE. THIS ARTICLE SHALL BE STRICTLY CONSTRUED
AS IN OTHER CRIMINAL LAW STATUTES.
S 735.35 RIGHT TO JURY TRIAL.
  ANY TRIAL UNDER THIS ARTICLE SHALL  BE  BY  JURY,  UNLESS  WAIVED,  AS
OTHERWISE PROVIDED BY LAW.
S 735.40 SEALING OF RECORDS.
  ANY  RECORDS OF A PROCEEDING AGAINST THE DEFENDANT INCLUDING THE ACCU-
SATORY INSTRUMENT, SHALL BE FILED AS A SEALED INSTRUMENT  AND  SHALL  BE
RELEASED  ONLY  UPON  ORDER OF A SUPERIOR COURT UPON COMPLIANCE WITH THE
APPLICABLE PROVISIONS OF THE YOUTHFUL OFFENDER PROCEDURE.
S 735.45 RESTORATION OF CIVIL RIGHTS.
  AFTER A PERIOD OF TEN YEARS FOLLOWING A  DEFENDANT'S  CONFINEMENT  AND
COMPLETION  OF PAROLE, IF ANY, THE DEFENDANT MAY APPLY TO THE BUREAU AND
UPON DEMONSTRATING GOOD CITIZENSHIP AND WORKING HABITS AND  UPON  PROPER
PROOF,  TO  REQUEST THE GOVERNOR TO ISSUE A CERTIFICATE OF ACTIVATION OF
HIS OR HER CIVIL RIGHTS INCLUDING BUT NOT LIMITED TO RIGHT TO  VOTE  AND
CIVIL SERVICE RIGHTS.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S2062

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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co-Sponsors

2009-S2062 (ACTIVE) - Details

2009-S2062 (ACTIVE) - Summary

2009-S2062 (ACTIVE) - Sponsor Memo

2009-S2062 (ACTIVE) - Bill Text download pdf

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Sponsored By

Shirley L. Huntley

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

co-Sponsors

Eric Adams

Ruben Diaz

Pedro Espada Jr.

Diane J. Savino

2009-S2062 (ACTIVE) - Details

2009-S2062 (ACTIVE) - Summary

2009-S2062 (ACTIVE) - Sponsor Memo

2009-S2062 (ACTIVE) - Bill Text download pdf

Comments