Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Oct 03, 2012 |
approval memo.18 signed chap.476 |
Sep 21, 2012 |
delivered to governor |
Jun 21, 2012 |
returned to assembly passed senate 3rd reading cal.343 substituted for s6548a |
Jun 19, 2012 |
referred to rules delivered to senate passed assembly |
Jun 18, 2012 |
ordered to third reading rules cal.341 rules report cal.341 reported |
Jun 14, 2012 |
reported referred to rules |
Jun 13, 2012 |
referred to codes |
Assembly Bill A10664
Signed By Governor2011-2012 Legislative Session
Sponsored By
WEINSTEIN
Archive: Last Bill Status - Signed by Governor
- 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
Votes
2011-A10664 (ACTIVE) - Details
- See Senate Version of this Bill:
- S6548
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§730.40 & 730.60, CP L
2011-A10664 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10664 I N A S S E M B L Y June 13, 2012 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Weinstein) -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to orders of observation for the purpose of determining incapacitation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 730.40 of the criminal procedure law is amended to read as follows: 2. When a local criminal court has issued a final order of observa- tion, it must dismiss the accusatory instrument filed in such court against the defendant and such dismissal constitutes a bar to any further prosecution of the charge or charges contained in such accusato- ry instrument. WHEN THE DEFENDANT IS IN THE CUSTODY OF THE COMMISSIONER PURSUANT TO A FINAL ORDER OF OBSERVATION THE COMMISSIONER MUST, IMME- DIATELY UPON THE DISCHARGE OF THE DEFENDANT, CERTIFY TO SUCH COURT THAT HE OR SHE HAS COMPLIED WITH THE NOTICE PROVISIONS SET FORTH IN SUBDIVI- SION SIX OF SECTION 730.60 OF THIS ARTICLE. When the defendant is in the custody of the commissioner at the expiration of the period prescribed in a temporary order of observation, the proceedings in the local crimi- nal court that issued such order shall terminate for all purposes and the commissioner must promptly certify to such court and to the appro- priate district attorney that the defendant was in his OR HER custody on such expiration date. Upon receipt of such certification, the court must dismiss the felony complaint filed against the defendant. S 2. Paragraph (a) of subdivision 6 of section 730.60 of the criminal procedure law, as added by chapter 549 of the laws of 1980, and the opening paragraph as amended by chapter 440 of the laws of 1987, is amended to read as follows: (a) Notwithstanding any other provision of law, no person committed to the custody of the commissioner pursuant to this article, or continuous- ly thereafter retained in such custody, shall be discharged, released on condition or placed in any less secure facility or on any less restric- tive status, including, but not limited to vacations, furloughs and temporary passes, unless the commissioner shall deliver written notice, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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