senate Bill S6548A

Signed By Governor
2011-2012 Legislative Session

Relates to orders of observation for the purpose of determining incapacitation

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A10664 -


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

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Actions

view actions (13)
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 21, 2012 substituted by a10664
Jun 12, 2012 amended on third reading 6548a
Mar 15, 2012 advanced to third reading
Mar 14, 2012 2nd report cal.
Mar 13, 2012 1st report cal.343
Feb 24, 2012 referred to codes

S6548 - Details

See Assembly Version of this Bill:
A10664
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§730.40 & 730.60, CP L

S6548 - Summary

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

S6548 - Sponsor Memo

S6548 - Bill Text download pdf

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

                                  6548

                            I N  S E N A T E

                            February 24, 2012
                               ___________

Introduced  by  Sen.  SALAND -- 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  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], EXCEPT THAT UPON
MOTION  OF THE DISTRICT ATTORNEY THE DISMISSAL DATE CAN BE ADJOURNED FOR
UP TO ONE YEAR FOR THE PURPOSE OF ISSUANCE OF  AN  ORDER  OF  PROTECTION
PURSUANT  TO SECTION 530.11 OR 530.12 OF THIS PART FOR THE PROTECTION OF
THE COMPLAINANT. UPON SUCH DISMISSAL IT SHALL CONSTITUTE 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
AT THE EXPIRATION OF THE PERIOD PRESCRIBED IN A FINAL ORDER OF  OBSERVA-
TION  THE  COMMISSIONER  MUST  PROMPTLY CERTIFY TO SUCH COURT AND TO THE
APPROPRIATE DISTRICT ATTORNEY THAT THE  DEFENDANT  WAS  IN  HIS  OR  HER
CUSTODY ON SUCH EXPIRATION DATE. When the defendant is in the custody of
the  commissioner at the expiration of the period prescribed in a tempo-
rary order of observation, the proceedings in the local  criminal  court
that  issued such order shall terminate for all purposes and the commis-
sioner must promptly certify  to  such  court  and  to  the  appropriate
district  attorney that the defendant was in his custody on such expira-
tion date. Upon receipt of such certification, the  court  must  dismiss
the  felony  complaint  filed  against  the  defendant, EXCEPT THAT UPON
MOTION OF THE DISTRICT ATTORNEY THE DISMISSAL DATE CAN BE ADJOURNED  FOR
UP  TO  ONE  YEAR  FOR THE PURPOSE OF ISSUANCE OF AN ORDER OF PROTECTION
PURSUANT TO SECTION 530.11 OR 530.12 OF THIS PART FOR THE PROTECTION  OF
THE COMPLAINANT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14006-01-2

S6548A (ACTIVE) - Details

See Assembly Version of this Bill:
A10664
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§730.40 & 730.60, CP L

S6548A (ACTIVE) - Summary

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

S6548A (ACTIVE) - Sponsor Memo

S6548A (ACTIVE) - Bill Text download pdf

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

                                 6548--A
    Cal. No. 343

                            I N  S E N A T E

                            February 24, 2012
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes -- reported  favora-
  bly  from  said committee, ordered to first and second report, ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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