Senate Bill S3569

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

                                  3569

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 12, 2015
                               ___________

Introduced  by  Sens. ESPAILLAT, HASSELL-THOMPSON, KRUEGER -- 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  establishing
  gun court calendars in the criminal courts

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

  Section 1. Legislative intent.  The  legislature  finds  and  declares
that:
  (1)  There  has  been significant growth in the use of firearms in the
commission of violent crimes.
  (2) Many of the shootings are drug or gang related  and  endanger  law
abiding citizens.
  (3)  Many of the gun offenses are committed while individuals are free
on bail for other offenses.
  (4) The growing number of gun related offenses  constitutes  a  burden
upon the state of New York and threatens the domestic tranquility of the
state  and  its  people,  especially  residents of the urban areas where
these crimes are most prevalent.
  (5) In order to deter the use of firearms in the commission of violent
crimes, and to protect the law  abiding  public,  there  must  be  swift
disposition of gun related offenses in our courts, and there must be the
certain  prospect  of  prison  terms for those who are convicted of such
crimes.
  It is therefore declared to be the policy of the state of New York  to
provide  maximum  safety  and  security  to its people from unlawful gun
related violence and intrusion upon their persons and property by  expe-
diting  the  processing and disposition of such cases and, unless other-
wise provided, imposing prison terms that must be served.
  To accomplish this purpose in an effort to minimize delay in the proc-
essing  of  criminal  cases  in  this  state  relating  to  the  illegal

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08766-01-5
              

S. 3569                             2

possession  and  use  of guns and other dangerous weapons there shall be
established a separate calendar within the jurisdiction of the  criminal
courts  of  this  state  for  hearing  trial  and disposition of actions
brought  pursuant  to  the provisions of the penal law wherein a firearm
was used during the commission of any crime contained therein.
  S 2. The criminal procedure law is amended by  adding  a  new  section
10.50 to read as follows:
S 10.50 GUN COURT CALENDAR.
  1.  EACH  PRESIDING JUSTICE OF THE CRIMINAL COURTS OF THIS STATE SHALL
CREATE A GUN COURT CALENDAR AND SHALL ASSIGN  PERSONNEL  TO  THE  EXTENT
WARRANTED  TO EXCLUSIVELY HEAR AND DECIDE ALL CRIMINAL ACTIONS INVOLVING
OFFENSES WHEREIN A FIREARM WAS USED DURING THE COMMISSION OF ANY  CRIME.
SUCH  CALENDAR  SHALL  BE REFERRED TO AS THE "GUN COURT CALENDAR" OF THE
CRIMINAL COURT FOR THE PURPOSES OF THE PROVISIONS OF THE PENAL LAW WHER-
EIN A FIREARM WAS USED DURING THE  COMMISSION  OF  ANY  CRIME  CONTAINED
THEREIN.
  2. ALL TRIALS IN THE CRIMINAL COURTS OF THIS STATE SCHEDULED FOR TRIAL
ON  THE  GUN  COURT CALENDAR SHALL BE COMMENCED WITHIN SIXTY DAYS OF THE
COMPLETION OF DISCOVERY NOTWITHSTANDING ANY OTHER PROVISION OF  LAW.  NO
CONTINUANCES  OR  POSTPONEMENTS  SHALL  BE GRANTED EXCEPT FOR GOOD CAUSE
SHOWN. SUCH CONTINUANCES AS ARE NECESSARY SHALL BE GRANTED FOR THE SHOR-
TEST PRACTICABLE TIME.
  3. UNDER NO CIRCUMSTANCES SHALL A DEFENDANT BE PERMITTED TO RELY  UPON
THE PROVISIONS OF THIS SECTION AS A BASIS FOR A DISMISSAL OF AN ACTION.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.