senate Bill S3034

Signed By Governor
2013-2014 Legislative Session

Relates to orders of observation for the purpose of determining incapacitation

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A196 - Signed by Governor


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 15, 2013 signed chap.7
Mar 12, 2013 delivered to governor
Mar 11, 2013 returned to assembly
passed senate
3rd reading cal.131
substituted for s3034
Mar 11, 2013 substituted by a196
Mar 05, 2013 advanced to third reading
Mar 04, 2013 2nd report cal.
Feb 28, 2013 1st report cal.131
Jan 28, 2013 referred to codes

S3034 - Details

See Assembly Version of this Bill:
A196
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§730.40, 730.60 & 730.50, CP L; amd §29.11, Ment Hyg L

S3034 - Summary

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

S3034 - Sponsor Memo

S3034 - Bill Text download pdf

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

                                  3034

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 28, 2013
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law and the mental  hygiene  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 1 of section 730.40 of the criminal procedure
law, as amended by section 2 of part Q of chapter  56  of  the  laws  of
2012, is amended to read as follows:
  1. When a local criminal court, following a hearing conducted pursuant
to  subdivision  three  or  four  of  section 730.30 OF THIS ARTICLE, is
satisfied that the defendant is not an incapacitated person, the  crimi-
nal  action against him or her must proceed. If it is satisfied that the
defendant is an incapacitated person, or if no motion for such a hearing
is made, such court must issue a final or temporary order of observation
committing him or her to the custody of the commissioner  for  care  and
treatment in an appropriate institution for a period not to exceed nine-
ty  days from the date of the order, provided, however, that the commis-
sioner may designate an appropriate hospital for placement of a  defend-
ant  for  whom  a final order of observation has been issued, where such
hospital is licensed by the office of mental health and  has  agreed  to
accept,  upon  referral by the commissioner, defendants subject to final
orders of observation issued under this subdivision. When a local crimi-
nal court accusatory instrument other than a felony complaint  has  been
filed  against  the  defendant,  such  court must issue a final order of
observation. When a felony complaint has been filed against the  defend-
ant,  such  court must issue a temporary order of observation committing
him or her to the custody of the commissioner for care and treatment  in
an  appropriate  institution or, upon the consent of the district attor-
ney, committing him or her to the custody of the commissioner  for  care

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04891-01-3

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