Assembly Bill A7051

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

                                  7051

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 22, 2015
                               ___________

Introduced  by  M.  of  A.  LAVINE -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to  assessing  a
  defendant's mental fitness to proceed pro se in a criminal proceeding

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

  Section 1. The criminal procedure law is amended by adding a new arti-
cle 731 to read as follows:

                               ARTICLE 731
      MENTAL DISEASE OR DEFECT EXCLUDING FITNESS TO PROCEED PRO SE
SECTION 731.10 FITNESS TO PROCEED PRO SE; DEFINITIONS.
        731.15 FITNESS TO PROCEED PRO SE; ORDER OF EXAMINATION AND FIND-
                 INGS.
S 731.10 FITNESS TO PROCEED PRO SE; DEFINITIONS.
  1. "PERSON INCAPACITATED TO PROCEED PRO SE" MEANS A DEFENDANT WHO AS A
RESULT OF MENTAL DISEASE OR DEFECT  LACKS  CAPACITY  TO  UNDERSTAND  THE
PROCEEDINGS  AGAINST HIM OR HER, OR TO KNOWINGLY, VOLUNTARILY AND INTEL-
LIGENTLY WAIVE THE CONSTITUTIONAL RIGHT TO COUNSEL, OR TO APPRECIATE THE
CONSEQUENCES OF THE DECISION TO PROCEED WITHOUT REPRESENTATION BY  COUN-
SEL,  OR  TO  COMPREHEND THE RANGE OF APPLICABLE PUNISHMENTS OR TO CARRY
OUT THE BASIC TASKS NEEDED TO PRESENT HIS OR HER OWN DEFENSE WITHOUT THE
HELP OF COUNSEL.
  2. "PRO SE EXAMINATION REPORT" MEANS A REPORT MADE  BY  A  PSYCHIATRIC
EXAMINER SETTING FORTH HIS OR HER OPINION AS TO WHETHER THE DEFENDANT IS
OR  IS  NOT  A  PERSON INCAPACITATED TO PROCEED PRO SE. THE REPORT SHALL
INCLUDE THE NATURE AND EXTENT OF THE EXAMINATION AND,  IF  THE  EXAMINER
FINDS  THAT THE DEFENDANT IS A PERSON INCAPACITATED TO PROCEED PRO SE, A
DETAILED STATEMENT OF THE REASONS FOR  HIS  OR  HER  OPINION  BY  MAKING
PARTICULAR  REFERENCE  TO THE DEFENDANT'S LACK OF CAPACITY TO UNDERSTAND
THE PROCEEDINGS AGAINST HIM OR HER OR THE DEFENDANT'S IMPAIRMENT,  TO  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09285-01-5
              

A. 7051                             2

SIGNIFICANT DEGREE, IN THE ABILITIES WHICH ARE NECESSARY FOR SELF-REPRE-
SENTATION,  INCLUDING  BUT  NOT  LIMITED TO THE ABILITY TO FORMULATE AND
COMMUNICATE COHERENT THOUGHTS, TO MAKE DECISIONS IN A TRIAL CONTEXT,  TO
WITHSTAND  THE  STRESS OF TRIAL, TO RELATE TO THE COURT OR A JURY AND TO
COOPERATE WITH STANDBY COUNSEL IF ONE IS APPOINTED.
S 731.15 FITNESS TO PROCEED PRO SE; ORDER OF EXAMINATION AND FINDINGS.
  NOTWITHSTANDING ANY FINDING OF FITNESS UNDER THIS ARTICLE, IF A CRIMI-
NAL COURT HAS REASON TO BELIEVE THAT A DEFENDANT WHO ELECTS  TO  PROCEED
PRO  SE MAY BE A PERSON INCAPACITATED TO PROCEED PRO SE, THE COURT SHALL
ISSUE AN ORDER OF EXAMINATION TO DETERMINE IF THE DEFENDANT IS A  PERSON
INCAPACITATED  TO  PROCEED  PRO SE. EXCEPT AS OTHERWISE PROVIDED IN THIS
ARTICLE, THE PROVISIONS OF SECTIONS 730.10, 730.20 AND  730.30  OF  THIS
TITLE GOVERNING THE PROCEDURE FOR AN ORDER OF EXAMINATION SHALL APPLY TO
THE PROCEDURE FOR AN ORDER OF EXAMINATION UNDER THIS SECTION.
  WHEN  A CRIMINAL COURT IS SATISFIED THAT THE DEFENDANT IS NOT A PERSON
INCAPACITATED TO PROCEED PRO SE, THE CRIMINAL ACTION AGAINST THE DEFEND-
ANT MUST PROCEED. IF IT IS SATISFIED THAT  THE  DEFENDANT  IS  A  PERSON
INCAPACITATED  TO  PROCEED  PRO  SE, THE COURT MUST DENY THE DEFENDANT'S
APPLICATION TO PROCEED PRO SE.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.