senate Bill S3884

2011-2012 Legislative Session

Increases the availability of professionals to perform evaluations regarding a defendant's fitness to proceed to trial in a criminal proceeding

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Mar 08, 2011 referred to codes

Co-Sponsors

S3884 - Details

See Assembly Version of this Bill:
A6149
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง730.10, 730.20, 730.30, 730.40, 730.50, 730.60 & 730.70, CP L

S3884 - Summary

Increases the availability of professionals to perform evaluations regarding a defendant's fitness to proceed to trial in a criminal proceeding to include licensed clinical social workers and qualified nurse practitioners.

S3884 - Sponsor Memo

S3884 - Bill Text download pdf

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

    S. 3884                                                  A. 6149

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              March 8, 2011
                               ___________

IN  SENATE  --  Introduced  by  Sen.  McDONALD -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes

IN ASSEMBLY -- Introduced by M. of A. ORTIZ -- read once and referred to
  the Committee on Codes

AN ACT to amend the criminal procedure law, in  relation  to  increasing
  the  availability  of professionals to perform evaluations regarding a
  defendant's fitness to proceed to trial in a criminal proceeding

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

  Section 1. Section 730.10 of the criminal procedure law, subdivision 2
as  amended  by chapter 566 of the laws of 1994, subdivisions 3 and 4 as
amended by chapter 440 of the laws of 1987, subdivision 5 as amended  by
chapter  435  of the laws of 1976, subdivisions 6, 7 and 8 as renumbered
by chapter 629 of the laws of 1974,  and  subdivision  8  as  separately
amended  by chapters 615 and 629 of the laws of 1974, is amended to read
as follows:
S 730.10 Fitness to proceed; definitions.
  As used in this article, the following terms have the following  mean-
ings:
  1.  "Incapacitated person" means a defendant who as a result of mental
[disease] ILLNESS or [defect] DEVELOPMENTAL DISABILITY lacks capacity to
understand the proceedings against him OR HER or to assist in his OR HER
own defense.
  2. "Order of examination" means an  order  issued  to  an  appropriate
director  by  a  criminal  court  wherein  a  criminal action is pending
against a defendant, or by a family court pursuant to section  322.1  of
the  family court act wherein a juvenile delinquency proceeding is pend-
ing against a juvenile, directing that such person be examined  for  the
purpose of determining if he OR SHE is an incapacitated person.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09670-02-1

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