Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to judiciary |
Apr 09, 2009 |
referred to judiciary |
Senate Bill S4091
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary 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
Actions
2009-S4091 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5899
- Current Committee:
- Senate Judiciary
- Law Section:
- Uniform Justice Court Act
- Laws Affected:
- Add §105-a, UJCA
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A5221
2013-2014: A3149
2009-S4091 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4091 TITLE OF BILL : 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 PURPOSE OR GENERAL IDEA OF BILL : This bill would give defendants in criminal cases in town and village justice courts the right to choose to appear in front of a judge who is a lawyer. SUMMARY OF SPECIFIC PROVISIONS : Section one of the bill adds a new section 105-a to the Uniform Justice Court Act ("UJCA") entitled "Election to proceed in certain criminal actions." The new section gives a defendant who has been charged with a misdemeanor or felony, and who is appearing in a justice court, the right to proceed before a judge who is a lawyer. Thus, a defendant may "opt out" of proceeding before a non-attorney judge in a criminal case. The defendant must make such an election in writing, on a form to be prescribed by the chief administrator of the courts, within specified time frames. This legislation would create an automatic right to have a case reassigned to an attorney judge, as provided in the first sentence of subdivision (a) of new UJCA § 105-a. As a result, the current "good cause shown" standard of Criminal
2009-S4091 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4091 2009-2010 Regular Sessions I N S E N A T E April 9, 2009 ___________ Introduced by Sen. SAMPSON -- read twice and ordered printed, and when printed to be committed 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
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