Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Sep 09, 2016 |
signed chap.315 |
Aug 30, 2016 |
delivered to governor |
Jun 02, 2016 |
returned to senate passed assembly ordered to third reading cal.807 substituted for a9104a |
Jun 02, 2016 |
substituted by s6322a |
May 26, 2016 |
advanced to third reading cal.807 |
May 24, 2016 |
reported |
May 12, 2016 |
print number 9104a |
May 12, 2016 |
amend (t) and recommit to codes |
Jan 26, 2016 |
referred to codes |
Assembly Bill A9104A
Signed By Governor2015-2016 Legislative Session
Sponsored By
GUNTHER
Archive: Last Bill Status Via S6322 - 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
Actions
Votes
Bill Amendments
co-Sponsors
David Buchwald
2015-A9104 - Details
- See Senate Version of this Bill:
- S6322
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §216.05, CP L
2015-A9104 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9104 I N A S S E M B L Y January 26, 2016 ___________ Introduced by M. of A. GUNTHER -- read once and referred to the Commit- tee on Codes AN ACT to amend the criminal procedure law, in relation to authorizing alcohol and substance abuse treatment in another jurisdiction for defendants in judicial diversion programs or other judicially sanc- tioned programs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of subdivision 1 of section 216.00 of the criminal procedure law, as amended by chapter 90 of the laws of 2014, is amended to read as follows: "Eligible defendant" means any person who stands charged in an indict- ment or a superior court information with a class B, C, D or E felony offense defined in article one hundred seventy-nine, two hundred twenty or two hundred twenty-one of the penal law or any other specified offense as defined in subdivision four of section 410.91 of this chap- ter[, provided]. A DEFENDANT SHALL NOT BE FOUND INELIGIBLE BECAUSE OF HIS OR HER RESIDENCY IN ANOTHER JURISDICTION WITHIN THE STATE. PROVIDED, however, a defendant is not an "eligible defendant" if he or she: S 2. The opening paragraph of subdivision 1 of section 216.00 of the criminal procedure law, as added by section 4 of part AAA of chapter 56 of the laws of 2009, is amended to read as follows: "Eligible defendant" means any person who stands charged in an indict- ment or a superior court information with a class B, C, D or E felony offense defined in article two hundred twenty or two hundred twenty-one of the penal law or any other specified offense as defined in subdivi- sion four of section 410.91 of this chapter[, provided]. A DEFENDANT SHALL NOT BE FOUND INELIGIBLE BECAUSE OF HIS OR HER RESIDENCY IN ANOTHER JURISDICTION WITHIN THE STATE. PROVIDED, however, a defendant is not an "eligible defendant" if he or she: S 3. Subdivisions 5 and 8 of section 216.05 of the criminal procedure law, subdivision 5 as amended by chapter 258 of the laws of 2015 and subdivision 8 as amended by chapter 347 of the laws of 2012, are amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
David Buchwald
2015-A9104A (ACTIVE) - Details
- See Senate Version of this Bill:
- S6322
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §216.05, CP L
2015-A9104A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9104--A I N A S S E M B L Y January 26, 2016 ___________ Introduced by M. of A. GUNTHER, BUCHWALD -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, in relation to authorizing alcohol and substance abuse treatment in another jurisdiction for defendants in judicial diversion programs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 8 of section 216.05 of the criminal procedure law, as amended by chapter 347 of the laws of 2012, is amended to read as follows: 8. During the period of a defendant's participation in the judicial diversion program, the court shall retain jurisdiction of the defendant, provided, however, that the court may allow such defendant to (I) reside in another jurisdiction, OR (II) PARTICIPATE IN ALCOHOL AND SUBSTANCE ABUSE TREATMENT AND OTHER PROGRAMS IN THE JURISDICTION WHERE THE DEFEND- ANT RESIDES OR IN ANY OTHER JURISDICTION, while participating in a judi- cial diversion program under conditions set by the court and agreed to by the defendant pursuant to subdivisions five and six of this section. The court may require the defendant to appear in court at any time to enable the court to monitor the defendant's progress in alcohol or substance abuse treatment. The court shall provide notice, reasonable under the circumstances, to the people, the treatment provider, the defendant and the defendant's counsel whenever it orders or otherwise requires the appearance of the defendant in court. Failure to appear as required without reasonable cause therefor shall constitute a violation of the conditions of the court's agreement with the defendant. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13149-04-6
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