senate Bill S3349A

2011-2012 Legislative Session

Relates to the judicial diversion program for alcohol and substance abuse offenders

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 02, 2012 referred to codes
May 01, 2012 delivered to assembly
passed senate
Apr 30, 2012 advanced to third reading
Apr 26, 2012 2nd report cal.
Apr 25, 2012 1st report cal.579
Mar 12, 2012 reported and committed to finance
Jan 06, 2012 print number 3349a
amend (t) and recommit to alcoholism and drug abuse
Jan 04, 2012 referred to alcoholism and drug abuse
returned to senate
died in assembly
Jun 14, 2011 referred to codes
delivered to assembly
passed senate
Jun 07, 2011 advanced to third reading
Jun 06, 2011 2nd report cal.
Jun 02, 2011 1st report cal.960
May 09, 2011 reported and committed to finance
Mar 23, 2011 committee discharged and committed to alcoholism and drug abuse
Feb 17, 2011 referred to codes

Votes

view votes

Apr 25, 2012 - Finance committee Vote

S3349A
30
2
committee
30
Aye
2
Nay
1
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Finance committee vote details

Mar 12, 2012 - Alcoholism and Drug Abuse committee Vote

S3349A
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Alcoholism and Drug Abuse committee vote details

Alcoholism and Drug Abuse Committee Vote: Mar 12, 2012

Jun 2, 2011 - Finance committee Vote

S3349
27
1
committee
27
Aye
1
Nay
5
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show committee vote details

May 9, 2011 - Alcoholism and Drug Abuse committee Vote

S3349
5
0
committee
5
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 9, 2011

aye wr (1)

S3349 - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§216.05 & 205.70, CP L; add §205.70, Pen L

S3349 - Summary

Relates to the judicial diversion program for alcohol and substance abuse offenders; requires court to consider, review and document evidence relating to a defendant's propensity for violent conduct prior to ordering such defendant into a judicial diversion program; establishes the crime of unauthorized departure from a rehabilitation facility.

S3349 - Sponsor Memo

S3349 - Bill Text download pdf

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

                                  3349

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 17, 2011
                               ___________

Introduced  by  Sen. BONACIC -- 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 the  judicial
  diversion program for alcohol and substance abuse offenders

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

  Section 1. Subdivision 4 of section 216.05 of the  criminal  procedure
law,  as  added  by  section  4 of part AAA of chapter 56 of the laws of
2009, is amended and a new subdivision 12 is added to read as follows:
  4. When an authorized court, AFTER CONSIDERING THE UNDERLYING  CHARGES
AND THE PROPENSITY OR LACK THEREOF FOR VIOLENT CONDUCT OF THE DEFENDANT,
AND AFTER REVIEWING OR HEARING ONE OR MORE WRITTEN OR ORAL OPINIONS FROM
A  LICENSED  PSYCHOLOGIST  OR  PSYCHIATRIST  AS TO THE PROPENSITY OF THE
DEFENDANT FOR FUTURE VIOLENT CONDUCT, AND AFTER MAKING AN  ON-THE-RECORD
DETERMINATION  AS TO THE REASONS WHY, BASED ON ALL EVIDENCE, determines,
pursuant to paragraph (b) of subdivision three of this section, that  an
eligible  defendant  should be offered alcohol or substance abuse treat-
ment, or when the parties and the court agree to an eligible defendant's
participation in alcohol  or  substance  abuse  treatment,  an  eligible
defendant  may  be  allowed  to  participate  in  the judicial diversion
program offered by this article.  Prior to the court's issuing an  order
granting judicial diversion, the eligible defendant shall be required to
enter a plea of guilty to the charge or charges; provided, however, that
no such guilty plea shall be required when:
  (a)  the  people  and  the court consent to the entry of such an order
without a plea of guilty; or
  (b) based on a finding of exceptional circumstances, the court  deter-
mines  that a plea of guilty shall not be required. For purposes of this
subdivision, exceptional circumstances exist  when,  regardless  of  the
ultimate disposition of the case, the entry of a plea of guilty is like-
ly to result in severe collateral consequences.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03024-01-1

S3349A (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§216.05 & 205.70, CP L; add §205.70, Pen L

S3349A (ACTIVE) - Summary

Relates to the judicial diversion program for alcohol and substance abuse offenders; requires court to consider, review and document evidence relating to a defendant's propensity for violent conduct prior to ordering such defendant into a judicial diversion program; establishes the crime of unauthorized departure from a rehabilitation facility.

S3349A (ACTIVE) - Sponsor Memo

S3349A (ACTIVE) - Bill Text download pdf

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

                                 3349--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 17, 2011
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on Alcoholism and Drug Abuse in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the criminal procedure law, in relation to the judicial
  diversion program for alcohol and substance  abuse  offenders  and  to
  amend  the  penal law, in relation to the crime of unauthorized depar-
  ture from a rehabilitation facility

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

  Section 1.  Subdivisions 4, 5, 8 and paragraph (a) of subdivision 9 of
section  216.05  of the criminal procedure law, as added by section 4 of
part AAA of chapter 56 of the laws of  2009,  are  amended  to  read  as
follows:
  4.  When an authorized court, AFTER CONSIDERING THE UNDERLYING CHARGES
AND THE PROPENSITY OR LACK THEREOF FOR VIOLENT CONDUCT OF THE DEFENDANT,
AND AFTER REVIEWING OR HEARING ONE OR MORE WRITTEN OR ORAL OPINIONS FROM
A LICENSED PSYCHOLOGIST OR PSYCHIATRIST AS  TO  THE  PROPENSITY  OF  THE
DEFENDANT  FOR FUTURE VIOLENT CONDUCT, AND AFTER MAKING AN ON-THE-RECORD
DETERMINATION AS TO THE REASONS WHY, BASED ON ALL EVIDENCE,  determines,
pursuant  to paragraph (b) of subdivision three of this section, that an
eligible defendant should be offered alcohol or substance  abuse  treat-
ment, or when the parties and the court agree to an eligible defendant's
participation  in  alcohol  or  substance  abuse  treatment, an eligible
defendant may be  allowed  to  participate  in  the  judicial  diversion
program  offered by this article.  Prior to the court's issuing an order
granting judicial diversion, the eligible defendant shall be required to
enter a plea of guilty to the charge or charges; provided, however, that
no such guilty plea shall be required when:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03024-02-2

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