Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 02, 2012 |
referred to codes |
May 01, 2012 |
delivered to assembly passed senate |
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
2011-2012 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2011-S6672 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd ยงยง350.20 & 380.18, CP L
2011-S6672 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6672 TITLE OF BILL: 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 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
2011-S6672 (ACTIVE) - Bill Text download pdf
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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