Assembly Bill A10664

Signed By Governor
2011-2012 Legislative Session

Relates to orders of observation for the purpose of determining incapacitation

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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

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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) - Summary

Relates to orders of observation for the purpose of determining incapacitation.

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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