senate Bill S1879A

2013-2014 Legislative Session

Relates to the judicial diversion program for alcohol and substance abuse offenders

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (20)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2014 referred to codes
delivered to assembly
passed senate
May 28, 2014 advanced to third reading
May 21, 2014 2nd report cal.
May 20, 2014 1st report cal.832
May 06, 2014 reported and committed to finance
Jan 23, 2014 print number 1879a
amend (t) and recommit to alcoholism and drug abuse
Jan 08, 2014 referred to alcoholism and drug abuse
returned to senate
died in assembly
Jun 04, 2013 referred to codes
delivered to assembly
passed senate
Jun 03, 2013 advanced to third reading
May 30, 2013 2nd report cal.
May 29, 2013 1st report cal.788
Apr 23, 2013 reported and committed to finance
Jan 09, 2013 referred to alcoholism and drug abuse

Votes

view votes

May 20, 2014 - Finance committee Vote

S1879A
31
3
committee
31
Aye
3
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

May 6, 2014 - Alcoholism and Drug Abuse committee Vote

S1879A
5
1
committee
5
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Alcoholism and Drug Abuse committee vote details

Alcoholism and Drug Abuse Committee Vote: May 6, 2014

nay (1)

S1879 - Details

See Assembly Version of this Bill:
A1879
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L; add §205.70, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S3349A

S1879 - Summary

Relates to the judicial diversion program for alcohol and substance abuse offenders; requires court to consider, review and document evidence relating to a defendant's propensity for violent conduct prior to ordering such defendant into a judicial diversion program; establishes the crime of unauthorized departure from a rehabilitation facility.

S1879 - Sponsor Memo

S1879 - Bill Text download pdf

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

                                  1879

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Alcoholism and Drug Abuse

AN ACT to amend the criminal procedure law, in relation to the  judicial
  diversion  program  for  alcohol  and substance abuse offenders and to
  amend the penal law, in relation to the crime of  unauthorized  depar-
  ture from a rehabilitation facility

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

  Section 1.  Subdivisions 4, 5, 8 and paragraph (a) of subdivision 9 of
section 216.05 of the criminal procedure law, as added by section  4  of
part  AAA of chapter 56 of the laws of 2009, subdivision 8 as amended by
chapter 347 of the laws of 2012, are amended to read as follows:
  4. When an authorized court, AFTER CONSIDERING THE UNDERLYING  CHARGES
AND THE PROPENSITY OR LACK THEREOF FOR VIOLENT CONDUCT OF THE DEFENDANT,
AND AFTER REVIEWING OR HEARING ONE OR MORE WRITTEN OR ORAL OPINIONS FROM
A  LICENSED  PSYCHOLOGIST  OR  PSYCHIATRIST  AS TO THE PROPENSITY OF THE
DEFENDANT FOR FUTURE VIOLENT CONDUCT, AND AFTER MAKING AN  ON-THE-RECORD
DETERMINATION  AS TO THE REASONS WHY, BASED ON ALL EVIDENCE, determines,
pursuant to paragraph (b) of subdivision three of this section, that  an
eligible  defendant  should be offered alcohol or substance abuse treat-
ment, or when the parties and the court agree to an eligible defendant's
participation in alcohol  or  substance  abuse  treatment,  an  eligible
defendant  may  be  allowed  to  participate  in  the judicial diversion
program offered by this article.  Prior to the court's issuing an  order
granting judicial diversion, the eligible defendant shall be required to
enter a plea of guilty to the charge or charges; provided, however, that
no such guilty plea shall be required when:
  (a)  the  people  and  the court consent to the entry of such an order
without a plea of guilty; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02810-01-3

Co-Sponsors

view additional co-sponsors

S1879A (ACTIVE) - Details

See Assembly Version of this Bill:
A1879
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L; add §205.70, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S3349A

S1879A (ACTIVE) - Summary

Relates to the judicial diversion program for alcohol and substance abuse offenders; requires court to consider, review and document evidence relating to a defendant's propensity for violent conduct prior to ordering such defendant into a judicial diversion program; establishes the crime of unauthorized departure from a rehabilitation facility.

S1879A (ACTIVE) - Sponsor Memo

S1879A (ACTIVE) - Bill Text download pdf

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

                                 1879--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Alcoholism and Drug  Abuse
  --  recommitted  to  the  Committee  on  Alcoholism  and Drug Abuse in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the criminal procedure law, in relation to the  judicial
  diversion  program  for  alcohol and substance abuse offenders; and to
  amend the penal law, in relation to the crime of  unauthorized  depar-
  ture from a rehabilitation facility

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

  Section 1.  Subdivisions 4, 5, 8 and paragraph (a) of subdivision 9 of
section 216.05 of the criminal procedure law, as added by section  4  of
part  AAA of chapter 56 of the laws of 2009, subdivision 8 as amended by
chapter 347 of the laws of 2012, are amended to read as follows:
  4. When an authorized court, AFTER CONSIDERING THE UNDERLYING  CHARGES
AND THE PROPENSITY OR LACK THEREOF FOR VIOLENT CONDUCT OF THE DEFENDANT,
AND AFTER REVIEWING OR HEARING ONE OR MORE WRITTEN OR ORAL OPINIONS FROM
A  LICENSED  PSYCHOLOGIST  OR  PSYCHIATRIST  AS TO THE PROPENSITY OF THE
DEFENDANT FOR FUTURE VIOLENT CONDUCT, AND AFTER MAKING AN  ON-THE-RECORD
DETERMINATION  AS TO THE REASONS WHY, BASED ON ALL EVIDENCE, determines,
pursuant to paragraph (b) of subdivision three of this section, that  an
eligible  defendant  should be offered alcohol or substance abuse treat-
ment, or when the parties and the court agree to an eligible defendant's
participation in alcohol  or  substance  abuse  treatment,  an  eligible
defendant  may  be  allowed  to  participate  in  the judicial diversion
program offered by this article.  Prior to the court's issuing an  order
granting judicial diversion, the eligible defendant shall be required to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02810-02-4

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