senate Bill S1901

2015-2016 Legislative Session

Relates to the judicial diversion program for alcohol and substance abuse offenders

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 25, 2016 referred to codes
delivered to assembly
passed senate
May 23, 2016 ordered to third reading cal.969
committee discharged and committed to rules
Jan 06, 2016 referred to codes
returned to senate
died in assembly
Jun 09, 2015 referred to codes
delivered to assembly
passed senate
Jun 01, 2015 ordered to third reading cal.1150
committee discharged and committed to rules
May 27, 2015 reported and committed to finance
Jan 15, 2015 referred to codes

Votes

view votes

May 23, 2016 - Rules committee Vote

S1901
20
4
committee
20
Aye
4
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Jun 1, 2015 - Rules committee Vote

S1901
20
3
committee
20
Aye
3
Nay
0
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Rules committee vote details

May 27, 2015 - Codes committee Vote

S1901
10
2
committee
10
Aye
2
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 27, 2015

nay (2)

Co-Sponsors

view additional co-sponsors

S1901 (ACTIVE) - Details

See Assembly Version of this Bill:
A4008
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L; add §205.70, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3349
2013-2014: S1879, A1879
2017-2018: S2050

S1901 (ACTIVE) - Summary

Relates to the judicial diversion program for alcohol and substance abuse offenders; requires court to consider, review and document evidence relating to a defendant's propensity for violent conduct prior to ordering such defendant into a judicial diversion program; establishes the crime of unauthorized departure from a rehabilitation facility.

S1901 (ACTIVE) - Sponsor Memo

S1901 (ACTIVE) - Bill Text download pdf

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

                                  1901

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by Sens. BONACIC, BOYLE, CARLUCCI, FELDER, GALLIVAN, GOLDEN,
  GRIFFO, HANNON, LANZA, LARKIN, LAVALLE, LITTLE, MARCELLINO, MARCHIONE,
  MARTINS, NOZZOLIO, O'MARA, RANZENHOFER, RITCHIE, ROBACH, SAVINO, VALE-
  SKY, YOUNG -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Codes

AN  ACT to amend the criminal procedure law, in relation to the judicial
  diversion program for alcohol and substance abuse  offenders;  and  to
  amend  the  penal law, in relation to the crime of unauthorized depar-
  ture from a rehabilitation facility

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

  Section 1.  Subdivisions 4, 5, 8 and paragraph (a) of subdivision 9 of
section  216.05  of the criminal procedure law, as added by section 4 of
part AAA of chapter 56 of the laws of 2009, subdivision 8 as amended  by
chapter 347 of the laws of 2012, are amended to read as follows:
  4.  When an authorized court, AFTER CONSIDERING THE UNDERLYING CHARGES
AND THE PROPENSITY OR LACK THEREOF FOR VIOLENT CONDUCT OF THE DEFENDANT,
AND AFTER REVIEWING OR HEARING ONE OR MORE WRITTEN OR ORAL OPINIONS FROM
A LICENSED PSYCHOLOGIST OR PSYCHIATRIST AS  TO  THE  PROPENSITY  OF  THE
DEFENDANT  FOR FUTURE VIOLENT CONDUCT, AND AFTER MAKING AN ON-THE-RECORD
DETERMINATION AS TO THE REASONS WHY, BASED ON ALL EVIDENCE,  determines,
pursuant  to paragraph (b) of subdivision three of this section, that an
eligible defendant should be offered alcohol or substance  abuse  treat-
ment, or when the parties and the court agree to an eligible defendant's
participation  in  alcohol  or  substance  abuse  treatment, an eligible
defendant may be  allowed  to  participate  in  the  judicial  diversion
program  offered by this article.  Prior to the court's issuing an order
granting judicial diversion, the eligible defendant shall be required to
enter a plea of guilty to the charge or charges; provided, however, that
no such guilty plea shall be required when:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03327-01-5

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.