|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 02, 2012||
referred to codes
|May 01, 2012||
delivered to assembly
|Apr 25, 2012||
advanced to third reading
|Apr 19, 2012||
2nd report cal.
|Apr 18, 2012||
1st report cal.497
|Mar 08, 2012||
referred to codes
senate Bill S6672
Authorizes a judicial hearing officer to accept a guilty plea when assigned to conduct a trial
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (7)
May 1, 2012 - floor VoteS6672562floor56Aye2Nay0Absent3Excused0Abstained
show floor vote details
Floor Vote: May 1, 2012aye (56)
Apr 18, 2012 - Codes committee VoteS6672112committee11Aye2Nay2Aye with Reservations0Absent1Excused0Abstained
- show floor vote details
S6672 - Bill Details
- Current Committee:
- Assembly Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§350.20 & 380.18, CP L
S6672 - Bill Texts
Authorizes a judicial hearing officer to accept a guilty plea when assigned to conduct a trial.
view sponsor memo
TITLE OF BILL:
the criminal procedure law, in relation to authorizing a judicial
hearing officer to accept a guilty plea when assigned to conduct a trial
This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Local
Courts Advisory Committee.
This measure amends section 350.20 of the Criminal Procedure Law to
authorize a judicial hearing officer to accept a guilty plea when
authorized to hold a trial of a B misdemeanor.
Judicial hearing officers are retired judges appointed to perform
certain designated judicial functions in civil and criminal courts
pursuant to Article 22 of the Judiciary Law, thereby freeing judges
to conduct more trials. People v. Scalza, 76 N.Y.2d 604, 608 (1990).
Section 350.20 of the Criminal Procedure Law authorizes a local
criminal court to assign a judicial hearing officer to conduct a
trial of a B misdemeanor upon consent of all parties to the criminal
proceeding. When assigned to try the case, the judicial hearing
officer has the same powers as a judge of the court in which the
proceeding is pending. CPL 350.20(2). With respect to a trial of a B
misdemeanor, section 350.20 provides that' the judicial hearing
officer shall determine all questions of law, act as the exclusive
trier of all issues of fact, and render a verdict. CPL 350.20(1).
It is not uncommon that after a case has been assigned to a judicial
hearing officer under this provision, the defendant decides to plead
guilty in lieu of proceeding to trial.
The problem is that because section 350.20 does not expressly
authorize a judicial hearing
officer to accept a guilty plea, the matter must be returned to the
judge from whom it originated for final disposition. The return of
the case to the originating judge defeats the purpose of the original
assignment, namely, to free the judge to dispose of matters involving
more serious offenses.
This measure would authorize the judicial hearing officer to accept a
guilty plea by amending section 350.20 to provide that a judicial
hearing officer shall have jurisdiction over the proceeding as
defined in sections 1.20(24) and 10.30(1) of the Criminal
Procedure Law. Section 10.30(1) provides that local courts have trial
jurisdiction of all offenses other than felonies. Section 1.20(24)
provides that a criminal court's trial jurisdiction of an offense
includes, among other things, the "authority to accept a plea to" the
offense. In addition, this measure would amend section 380.10 of the
Criminal Procedure Law to provide that the sentencing procedure set
forth in the Criminal Procedure Law applies to all offenses,
including those adjudicated by judicial hearing officers.
By authorizing a judicial hearing officer to accept a guilty plea,
this measure would enable the judicial hearing officer to fully
dispose of the matter assigned to him or her.
This measure would have no fiscal impact upon the State. It would take
effect on the first day of November next succeeding the date on which
it shall have become a law.
None. New proposal.
view full text
S T A T E O F N E W Y O R K ________________________________________________________________________ 6672 I N S E N A T E March 8, 2012 ___________ Introduced by Sen. SALAND -- (at request of the Office of Court Adminis- tration) -- 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 authorizing a judicial hearing officer to accept a guilty plea when assigned to conduct a trial THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 350.20 of the criminal procedure law, as added by chapter 840 of the laws of 1983, is amended to read as follows: 2. In the discharge of this responsibility, the judicial hearing offi- cer shall have the same powers as a judge of the court in which the proceeding is pending, WHICH INCLUDES EXERCISING JURISDICTION OVER THE PROCEEDING AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION 1.20 AND SUBDIVISION ONE OF SECTION 10.30 OF THIS CHAPTER. The rules of evidence shall be applicable at a trial conducted by a judicial hearing officer. S 2. Subdivision 1 of section 380.10 of the criminal procedure law, as amended by chapter 840 of the laws of 1983, is amended to read as follows: 1. In general. The procedure prescribed by this title applies to sentencing for every offense, whether defined within or outside of the penal law; provided, however, where a judicial hearing officer has conducted the trial pursuant to SUBDIVISION TWENTY-FOUR OF SECTION 1.20 AND section 350.20 of this chapter, all references to a court herein shall be deemed references to such judicial hearing officer. S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14133-01-2
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