NY State Senate Bill 2011-S2294

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 18, 2011	referred to codes

co-Sponsors

2011-S2294 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §10.50, CP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S347
2013-2014: S1797
2015-2016: S3569
2017-2018: S798

2011-S2294 (ACTIVE) - Summary

Directs the establishment of gun court calendars in criminal courts to hear cases involving unlawful gun possession and use and requires the expeditious scheduling of trials conducted therein; makes various provisions for the establishment of such calendar.

2011-S2294 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2294

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to establishing gun
court calendars in the criminal courts

PURPOSE/SUMMARY OF PROVISIONS:
The bill would amend the New York State Criminal Procedure Law to
create a gun court calendar designed to exclusively hear gun related
cases. The presiding justice of the criminal court in the state shall
create a gun court calendar for the effected counties and shall
assign personnel to process all criminal cases tried by the court.
All trials assigned to the court will be scheduled within sixty days
of the completion of discovery. No continuances or postponements
shall be granted except for good cause shown. Necessary continuances
will be granted for the shortest practicable time. The goals of the
court are to reduce the number of gun cases and ensure that
perpetrators serve prison time.

JUSTIFICATION:
Findings indicate that there has been significant growth in the use of
firearms in the commission of violent crimes. According to New York
City police officials, guns were used in 34.2% of the 143,654
felonies committed in the City in 1993.

This constitutes:

*47,991 felonies committed involving handguns

*784 felonies committed involving shotguns

*145 felonies committed involving rifles

*254 felonies committed involving machine guns

Figures for the State are equally bleak. According to the New York
State Division of Criminal Justice Services, reported homicides
committed with guns in 1993 totaled 1,739. Also, it is estimated that
in 1994 over 9,600 individuals were arrested whose most serious
charge at arrest involved firearm and armed felony offenses. Many of
the shootings are drug or gang related and endanger law abiding
citizens. Additionally, many of the gun offenses are committed while
individuals are free on bail for other offenses. The growing number
of gun related offenses constitutes a burden upon the State of New
York and threatens the domestic tranquility of the State and its
people. Especially affected are
residents of the urban areas where these crimes are most prevalent.
The Legislature recognizes that in order to deter the use of firearms
in the commission of violent crime, and to protect the law abiding
public, there must be swift disposition of gun related offenses. By
placing repeat offenders prone to weapon use in jail within months of
their crime for a longer duration of time, crime will fall
dramatically. Similar legislation has been successfully implemented
in Rhode Island and has been supported by both the NRA and gun
control groups.


EFFECTIVE DATE:
This act shall take effect thirty days after the date upon which it
shall have become a law.

2011-S2294 (ACTIVE) - Bill Text download pdf

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

                                  2294

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- 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  establishing
  gun court calendars in the criminal courts

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

  Section 1. Legislative intent.  The  legislature  finds  and  declares
that:
  (1)  There  has  been significant growth in the use of firearms in the
commission of violent crimes.
  (2) Many of the shootings are drug or gang related  and  endanger  law
abiding citizens.
  (3)  Many of the gun offenses are committed while individuals are free
on bail for other offenses.
  (4) The growing number of gun related offenses  constitutes  a  burden
upon the state of New York and threatens the domestic tranquility of the
state  and  its  people,  especially  residents of the urban areas where
these crimes are most prevalent.
  (5) In order to deter the use of firearms in the commission of violent
crimes, and to protect the law  abiding  public,  there  must  be  swift
disposition of gun related offenses in our courts, and there must be the
certain  prospect  of  prison  terms for those who are convicted of such
crimes.
  It is therefore declared to be the policy of the state of New York  to
provide  maximum  safety  and  security  to its people from unlawful gun
related violence and intrusion upon their persons and property by  expe-
diting  the  processing and disposition of such cases and, unless other-
wise provided, imposing prison terms that must be served.
  To accomplish this purpose in an effort to minimize delay in the proc-
essing  of  criminal  cases  in  this  state  relating  to  the  illegal
possession  and  use  of guns and other dangerous weapons there shall be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07288-01-1

S. 2294                             2

established a separate calendar within the jurisdiction of the  criminal
courts  of  this  state  for  hearing  trial  and disposition of actions
brought pursuant to the provisions of the penal law  wherein  a  firearm
was used during the commission of any crime contained therein.
  S  2.  The  criminal  procedure law is amended by adding a new section
10.50 to read as follows:
S 10.50 GUN COURT CALENDAR.
  1. EACH PRESIDING JUSTICE OF THE CRIMINAL COURTS OF THIS  STATE  SHALL
CREATE  A  GUN  COURT  CALENDAR AND SHALL ASSIGN PERSONNEL TO THE EXTENT
WARRANTED TO EXCLUSIVELY HEAR AND DECIDE ALL CRIMINAL ACTIONS  INVOLVING
OFFENSES  WHEREIN A FIREARM WAS USED DURING THE COMMISSION OF ANY CRIME.
SUCH CALENDAR SHALL BE REFERRED TO AS THE "GUN COURT  CALENDAR"  OF  THE
CRIMINAL COURT FOR THE PURPOSES OF THE PROVISIONS OF THE PENAL LAW WHER-
EIN  A  FIREARM  WAS  USED  DURING THE COMMISSION OF ANY CRIME CONTAINED
THEREIN.
  2. ALL TRIALS IN THE CRIMINAL COURTS OF THIS STATE SCHEDULED FOR TRIAL
ON THE GUN COURT CALENDAR SHALL BE COMMENCED WITHIN SIXTY  DAYS  OF  THE
COMPLETION  OF  DISCOVERY NOTWITHSTANDING ANY OTHER PROVISION OF LAW. NO
CONTINUANCES OR POSTPONEMENTS SHALL BE GRANTED  EXCEPT  FOR  GOOD  CAUSE
SHOWN. SUCH CONTINUANCES AS ARE NECESSARY SHALL BE GRANTED FOR THE SHOR-
TEST PRACTICABLE TIME.
  3.  UNDER NO CIRCUMSTANCES SHALL A DEFENDANT BE PERMITTED TO RELY UPON
THE PROVISIONS OF THIS SECTION AS A BASIS FOR A DISMISSAL OF AN ACTION.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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Senate Bill S2294

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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co-Sponsors

2011-S2294 (ACTIVE) - Details

2011-S2294 (ACTIVE) - Summary

2011-S2294 (ACTIVE) - Sponsor Memo

2011-S2294 (ACTIVE) - Bill Text download pdf

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Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

co-Sponsors

Adriano Espaillat

2011-S2294 (ACTIVE) - Details

2011-S2294 (ACTIVE) - Summary

2011-S2294 (ACTIVE) - Sponsor Memo

2011-S2294 (ACTIVE) - Bill Text download pdf

Comments