Senate Bill S7567

Signed By Governor
2015-2016 Legislative Session

Relates to village justices

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Sponsored By

Archive: Last Bill Status Via A9918 - Signed by Governor

  • 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

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2015-S7567 (ACTIVE) - Details

See Assembly Version of this Bill:
A9918
Law Section:
Village Law
Laws Affected:
Amd §3-301, Vil L; amd §10.10, CP L

2015-S7567 (ACTIVE) - Summary

Relates to village justices; changes the title of acting justice to associate justice.

2015-S7567 (ACTIVE) - Sponsor Memo

2015-S7567 (ACTIVE) - Bill Text download pdf 

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

                                  7567

                            I N  S E N A T E

                              May 10, 2016
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the village law  and  the  criminal  procedure  law,  in
  relation to village justices

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

  Section 1. Paragraph a of  subdivision  2  of  section  3-301  of  the
village  law,  as amended by chapter 555 of the laws of 2006, is amended
to read as follows:
  a. except as provided in section 3-303 of this article, no  more  than
two  village  justices,  but  in the event a village has one justice, it
shall also have an [acting]  ASSOCIATE  justice  who  shall  serve  when
requested  by  the village justice or in the absence or inability of the
village justice to serve. The office of village justice is continued  in
every  village  in which it is now established. The board of trustees of
any other village may establish such office by resolution or local  law,
subject to a permissive referendum. The board of trustees of any village
by  resolution or local law, subject to permissive referendum, may abol-
ish such office, but to take effect only upon the expiration of the then
current term of such office,  or  establish  the  office  of  additional
village  justices,  which justice once elected shall have all the powers
and duties of a village justice. The resolution  or  local  law  in  the
latter  case  shall provide for a term pursuant to section 3-302 of this
article. The clerk of the court of a village shall  be  discharged  from
employment  only  upon  the advice and consent of the village justice or
justices when the clerk, in his or her village duties, works solely  for
the village justice or justices.
  S  2.  Subdivision 6 of section 10.10 of the criminal procedure law is
amended to read as follows:
  6. "Village court." A "village court" is comprised of the justice of a
village, or all the justices thereof if there be more than one, or, at a
time when he or they are absent, an  [acting]  ASSOCIATE  justice  of  a
village  who is authorized to perform the functions of a village justice
during his absence.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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