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Assembly Bill A9833B

2015-2016 Legislative Session

Relates to the removal of an action from a problem solving court

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2015-A9833 - Details

Current Committee:
Assembly Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §170.15, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10072
2019-2020: A5937

2015-A9833 - Summary

Relates to the removal of an action from a problem solving court; provides that a "problem solving court" shall include, but not be limited to, domestic violence court, youth court, mental health court and veterans court.

2015-A9833 - Bill Text download pdf 

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

                                  9833

                          I N  A S S E M B L Y

                             April 12, 2016
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on Codes

AN ACT to amend the criminal procedure law, in relation  to  a  "problem
  solving court"

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

  Section 1. Subdivision 4 of section 170.15 of the  criminal  procedure
law, as amended by chapter 67 of the laws of 2000, is amended to read as
follows:
  4.  Notwithstanding  any provision of this section to the contrary, in
any county outside a city having a population of one  million  or  more,
upon or after arraignment of a defendant on an information, a simplified
information, a prosecutor's information or a misdemeanor complaint pend-
ing  in  a  local  criminal  court,  such  court may, upon motion of the
defendant and with the consent of the district attorney, order that  the
action  be  removed  from  the  court  in which the matter is pending to
another local criminal court in the same county which  has  been  desig-
nated a [drug] court FORMED TO ADDRESS A MATTER OF SPECIAL CONCERN BASED
UPON  THE  STATUS  OF  THE  DEFENDANT OR THE VICTIM, COMMONLY KNOWN AS A
"PROBLEM SOLVING COURT," INCLUDING, BUT  NOT  LIMITED  TO,  DRUG  COURT,
DOMESTIC  VIOLENCE COURT, YOUTH COURT, MENTAL HEALTH COURT, AND VETERANS
COURT, by the chief administrator of the courts, and such [drug] PROBLEM
SOLVING court may then conduct such action to  [judgement]  JUDGMENT  or
other  final  disposition;  provided,  however, that an order of removal
issued under this subdivision shall not  take  effect  until  five  days
after the date the order is issued unless, prior to such effective date,
the  [drug]  PROBLEM  SOLVING  court  notifies the court that issued the
order that:
  (a) it will not accept the action, in which event the order shall  not
take effect, or
  (b)  it will accept the action on a date prior to such effective date,
in which event the order shall take effect upon such prior date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13650-01-6

2015-A9833A - Details

Current Committee:
Assembly Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §170.15, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10072
2019-2020: A5937

2015-A9833A - Summary

Relates to the removal of an action from a problem solving court; provides that a "problem solving court" shall include, but not be limited to, domestic violence court, youth court, mental health court and veterans court.

2015-A9833A - Bill Text download pdf 

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

                                 9833--A

                          I N  A S S E M B L Y

                             April 12, 2016
                               ___________

Introduced  by M. of A. GALEF -- 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 a "problem
  solving court"

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

  Section  1.  Subdivision 4 of section 170.15 of the criminal procedure
law, as amended by chapter 67 of the laws of 2000, is amended to read as
follows:
  4. Notwithstanding any provision of this section to the  contrary,  in
any  county  outside  a city having a population of one million or more,
upon or after arraignment of a defendant on an information, a simplified
information, a prosecutor's information or a misdemeanor complaint pend-
ing in a local criminal court,  such  court  may,  upon  motion  of  the
defendant  and  [with the consent of] AFTER GIVING the district attorney
AN OPPORTUNITY TO BE HEARD, order that the action be  removed  from  the
court  in which the matter is pending to another local criminal court in
the same county which has been designated a [drug] court  OTHER  THAN  A
DRUG COURT, FORMED TO ADDRESS A MATTER OF SPECIAL CONCERN BASED UPON THE
STATUS  OF  THE  DEFENDANT  OR  THE VICTIM, COMMONLY KNOWN AS A "PROBLEM
SOLVING COURT," INCLUDING, BUT NOT LIMITED TO, DOMESTIC VIOLENCE  COURT,
YOUTH  COURT,  MENTAL  HEALTH  COURT,  AND  VETERANS COURT, by the chief
administrator of the courts, and such [drug] PROBLEM SOLVING  court  may
then conduct such action to [judgement] JUDGMENT or other final disposi-
tion;  provided,  however,  that  an  order of removal issued under this
subdivision shall not take effect until five days  after  the  date  the
order is issued unless, prior to such effective date, the [drug] PROBLEM
SOLVING court notifies the court that issued the order that:
  (a)  it will not accept the action, in which event the order shall not
take effect, or
  (b) it will accept the action on a date prior to such effective  date,
in which event the order shall take effect upon such prior date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13650-02-6

2015-A9833B (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §170.15, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10072
2019-2020: A5937

2015-A9833B (ACTIVE) - Summary

Relates to the removal of an action from a problem solving court; provides that a "problem solving court" shall include, but not be limited to, domestic violence court, youth court, mental health court and veterans court.

2015-A9833B (ACTIVE) - Bill Text download pdf 

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

                                 9833--B

                          I N  A S S E M B L Y

                             April 12, 2016
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on Codes -- committee discharged, bill amended, ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

AN  ACT  to  amend the criminal procedure law, in relation to a "problem
  solving court"

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

  Section 1.  Section 170.15 of the criminal procedure law is amended by
adding a new subdivision 5 to read as follows:
  5.  NOTWITHSTANDING  ANY PROVISION OF THIS SECTION TO THE CONTRARY, IN
ANY COUNTY OUTSIDE A CITY HAVING A POPULATION OF ONE  MILLION  OR  MORE,
UPON OR AFTER ARRAIGNMENT OF A DEFENDANT ON AN INFORMATION, A SIMPLIFIED
INFORMATION, A PROSECUTOR'S INFORMATION OR A MISDEMEANOR COMPLAINT PEND-
ING  IN  A  LOCAL  CRIMINAL  COURT,  SUCH  COURT MAY, UPON MOTION OF THE
DEFENDANT AND AFTER GIVING THE DISTRICT ATTORNEY AN  OPPORTUNITY  TO  BE
HEARD,  ORDER  THAT  THE  ACTION  BE REMOVED FROM THE COURT IN WHICH THE
MATTER IS PENDING TO ANOTHER LOCAL CRIMINAL COURT  IN  THE  SAME  COUNTY
WHICH  HAS  BEEN  DESIGNATED A COURT, OTHER THAN A DRUG COURT, FORMED TO
ADDRESS A MATTER OF SPECIAL CONCERN BASED UPON THE STATUS OF THE DEFEND-
ANT OR VICTIM, COMMONLY KNOWN AS A "PROBLEM  SOLVING  COURT",  INCLUDING
BUT  NOT LIMITED TO, DOMESTIC VIOLENCE COURT, YOUTH COURT, MENTAL HEALTH
COURT, AND VETERANS COURT, BY THE CHIEF ADMINISTRATOR OF THE COURTS, AND
SUCH PROBLEM SOLVING COURT MAY THEN CONDUCT SUCH ACTION TO  JUDGMENT  OR
OTHER  FINAL  DISPOSITION;  PROVIDED,  HOWEVER, THAT AN ORDER OF REMOVAL
ISSUED UNDER THIS SUBDIVISION SHALL NOT  TAKE  EFFECT  UNTIL  FIVE  DAYS
AFTER THE DATE THE ORDER IS ISSUED UNLESS, PRIOR TO SUCH EFFECTIVE DATE,
THE PROBLEM SOLVING COURT NOTIFIES THE COURT THAT ISSUED THE ORDER THAT:
  (A)  IT WILL NOT ACCEPT THE ACTION, IN WHICH EVENT THE ORDER SHALL NOT
TAKE EFFECT, OR
  (B) IT WILL ACCEPT THE ACTION ON A DATE PRIOR TO SUCH EFFECTIVE  DATE,
IN WHICH EVENT THE ORDER SHALL TAKE EFFECT UPON SUCH PRIOR DATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13650-04-6

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