S T A T E   O F   N E W   Y O R K
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                                  10004

                          I N  A S S E M B L Y

                               May 1, 2012
                               ___________

Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
  tee on Judiciary

AN ACT to amend the judiciary law, in relation to the establishment of a
  pilot  program for courts for the treatment of veterans; and providing
  for the repeal of such provisions upon expiration thereof

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

  Section 1. The judiciary law is amended by adding a new article 5-C to
read as follows:
                               ARTICLE 5-C
                      VETERANS COURTS PILOT PROGRAM
SECTION 178-A. ESTABLISHMENT OF COURTS FOR VETERANS; PILOT PROGRAM.
        178-B. TRANSFER  OF  CASES  TO COURTS FOR TREATMENT OF VETERANS;
                 HOW EFFECTUATED.
        178-C. PROCEDURE IN A COURT FOR VETERANS UPON TRANSFER  OF  CASE
                 THERETO.
  S  178-A.  ESTABLISHMENT  OF  COURTS  FOR VETERANS; PILOT PROGRAM. THE
CHIEF ADMINISTRATOR OF THE COURTS, BY ADMINISTRATIVE ORDER,  IS  AUTHOR-
IZED AND DIRECTED TO ESTABLISH A COURT FOR VETERANS IN THE CITY COURT OF
THE  CITY  OF  UTICA, AND IN THE SUPREME COURTS OF THE CITY OF NEW YORK,
AND ASSIGN ONE OR MORE JUSTICES OR JUDGES TO PRESIDE THEREIN. SUCH COURT
FOR VETERANS SHALL HAVE AS ITS PURPOSE THE HEARING AND DETERMINATION OF:
  (A) CRIMINAL CASES THAT ARE COMMENCED IN  THE  CITY  COURT  AGAINST  A
DEFENDANT IDENTIFIED AS A VETERAN; AND
  (B)  CRIMINAL  CASES THAT ARE COMMENCED IN OTHER COURTS OF THE COUNTY,
AND THAT ARE IDENTIFIED AS APPROPRIATE FOR DISPOSITION BY  THE  VETERANS
COURT  AND  TRANSFERRED  TO THE COURT AS PROVIDED IN SECTION ONE HUNDRED
SEVENTY-EIGHT-B OF THIS ARTICLE.
  S 178-B. TRANSFER OF CASES TO COURTS FOR TREATMENT  OF  VETERANS;  HOW
EFFECTUATED. (A) TRANSFER OF CASES PENDING IN LOCAL CRIMINAL COURTS.
  (1)  A  LOCAL CRIMINAL COURT IN A COUNTY IN WHICH A COURT FOR VETERANS
HAS BEEN ESTABLISHED UNDER THIS ARTICLE MAY, UPON MOTION OF THE  DEFEND-
ANT  AND  WITH  THE  CONSENT  OF  THE DISTRICT ATTORNEY, CAUSE COPIES OF
PAPERS AND OTHER  DOCUMENTS  FILED  IN  SUCH  LOCAL  CRIMINAL  COURT  IN

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

                                                           LBD01805-01-1

A. 10004                            2

CONNECTION  WITH  A  CRIMINAL ACTION OR PROCEEDING PENDING THEREIN TO BE
SENT TO THE COURT FOR VETERANS:
  (I)  UPON  OR  AFTER  ARRAIGNMENT OF THE DEFENDANT ON A LOCAL CRIMINAL
COURT ACCUSATORY INSTRUMENT BY  WHICH  SUCH  ACTION  OR  PROCEEDING  WAS
COMMENCED; OR
  (II)  UPON  OR  AFTER  COMMENCEMENT  OF A PROCEEDING BROUGHT AGAINST A
DEFENDANT FOR THE VIOLATION OF A CONDITION OF A SENTENCE OF PROBATION OR
A SENTENCE OF CONDITIONAL DISCHARGE.
  (2) NOT LATER THAN FIVE DAYS FOLLOWING RECEIPT OF THE PAPERS AND OTHER
DOCUMENTS, THE JUSTICE OR JUDGE PRESIDING  IN  THE  COURT  FOR  VETERANS
SHALL DETERMINE WHETHER OR NOT A TRANSFER OF THE ACTION OR PROCEEDING TO
THE COURT WOULD PROMOTE THE ADMINISTRATION OF JUSTICE. IF THE JUSTICE OR
JUDGE  PRESIDING  IN  THE  COURT DETERMINES THAT IT WOULD, HE OR SHE MAY
ORDER SUCH TRANSFER, IN WHICH EVENT THE ACTION OR  PROCEEDING  SHALL  BE
TRANSFERRED TO THE COURT FOR VETERANS, ALL ORIGINATING PAPERS SHALL THEN
BE  SENT  FROM  THE ORIGINATING COURT TO THE COURT FOR VETERANS, AND ALL
FURTHER PROCEEDINGS SHALL BE CONDUCTED THEREIN. IF THE JUSTICE OR  JUDGE
DETERMINES THAT A TRANSFER OF THE ACTION OR PROCEEDING WOULD NOT PROMOTE
THE ADMINISTRATION OF JUSTICE, HE OR SHE SHALL NOTIFY THE LOCAL CRIMINAL
COURT  OR  OTHER  COURT  FROM  WHICH  THE REFERENCE WAS RECEIVED OF SUCH
DETERMINATION, WHEREUPON ALL  FURTHER  PROCEEDINGS  IN  SUCH  ACTION  OR
PROCEEDING SHALL BE CONDUCTED IN ACCORDANCE WITH LAW.
  (B) TRANSFER OF CASES PENDING IN SUPERIOR COURTS.
  (1)  AT ANY TIME WHILE A CRIMINAL ACTION OR PROCEEDING IS PENDING IN A
SUPERIOR COURT IN A COUNTY IN WHICH A COURT FOR VETERANS HAS BEEN ESTAB-
LISHED, INCLUDING A PROCEEDING  BROUGHT  AGAINST  A  DEFENDANT  FOR  THE
VIOLATION  OF  A  CONDITION  OF A SENTENCE OF PROBATION OR A SENTENCE OF
CONDITIONAL DISCHARGE, A JUDGE OR JUSTICE OF  THE  COURT  IN  WHICH  THE
ACTION  OR  PROCEEDING  IS PENDING MAY, UPON MOTION OF THE DEFENDANT AND
WITH THE CONSENT OF THE DISTRICT ATTORNEY, CAUSE COPIES  OF  PAPERS  AND
OTHER  DOCUMENTS  FILED  IN  SUCH COURT IN CONNECTION WITH THE ACTION OR
PROCEEDING TO BE SENT TO THE JUDGE OR JUSTICE PRESIDING IN THE COURT FOR
VETERANS FOR REVIEW OF THE APPROPRIATENESS OF THE TRANSFER.
  (2) NOT LATER THAN FIVE BUSINESS DAYS FOLLOWING RECEIPT OF THE  PAPERS
AND  OTHER  DOCUMENTS,  THE  JUDGE OR JUSTICE PRESIDING IN THE COURT FOR
VETERANS SHALL DETERMINE WHETHER OR NOT A  TRANSFER  OF  THE  ACTION  OR
PROCEEDING  TO THE COURT WOULD PROMOTE THE ADMINISTRATION OF JUSTICE. IF
SUCH JUDGE OR JUSTICE DETERMINES THAT IT WOULD:
  (I) HE OR SHE, IF SITTING IN SUPREME COURT, MAY ORDER  SUCH  TRANSFER,
IN  WHICH  EVENT THE ACTION OR PROCEEDING SHALL BE REFERRED FOR DISPOSI-
TION TO THE COURT FOR VETERANS, ALL ORIGINAL PAPERS SHALL BE SENT TO THE
COURT FOR VETERANS, AND  ALL  FURTHER  PROCEEDINGS  IN  SUCH  ACTION  OR
PROCEEDING SHALL BE CONDUCTED THEREIN; OR
  (II)  HE  OR  SHE,  IF  SITTING  IN  COUNTY COURT, SHALL SO NOTIFY THE
JUSTICE OF THE COURT WHO CAUSED THE PAPERS AND  OTHER  DOCUMENTS  TO  BE
SENT  TO HIM OR HER, AND SUCH JUSTICE MAY THEREUPON ORDER SUCH TRANSFER,
IN WHICH EVENT THE ACTION OR PROCEEDING SHALL BE REFERRED  FOR  DISPOSI-
TION  TO  THE COURT FOR VETERANS, ALL ORIGINAL PAPERS SHALL BE SENT FROM
THE ORIGINATING COURT  TO  THE  COURT  FOR  VETERANS,  AND  ALL  FURTHER
PROCEEDINGS  IN SUCH ACTION OR PROCEEDING SHALL BE CONDUCTED THEREIN. IF
THE JUDGE OR JUSTICE PRESIDING IN THE COURT FOR VETERANS DETERMINES THAT
A TRANSFER OF THE ACTION OR PROCEEDING WOULD NOT  PROMOTE  THE  ADMINIS-
TRATION OF JUSTICE, HE OR SHE SHALL NOTIFY THE ORIGINATING COURT OF SUCH
DETERMINATION,  WHEREUPON  ALL  FURTHER  PROCEEDINGS  IN  SUCH ACTION OR
PROCEEDING SHALL BE CONDUCTED IN ACCORDANCE WITH LAW.

A. 10004                            3

  S 178-C. PROCEDURE IN A COURT FOR VETERANS UPON TRANSFER OF CASE THER-
ETO.  EACH ACTION OR PROCEEDING TRANSFERRED FROM A LOCAL CRIMINAL  COURT
TO A SUPERIOR COURT AND REFERRED FOR DISPOSITION TO A COURT FOR VETERANS
THEREOF  SHALL  BE SUBJECT TO THE SAME SUBSTANTIVE AND PROCEDURAL LAW AS
WOULD HAVE APPLIED TO IT HAD IT NOT BEEN TRANSFERRED.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall expire and be
deemed repealed 2 years after such effective date.