senate Bill S6322A

Signed By Governor
2015-2016 Legislative Session

Relates to authorizing alcohol and substance abuse treatment in another jurisdiction for defendants in judicial diversion programs

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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (14)
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
May 23, 2016 referred to codes
delivered to assembly
passed senate
May 16, 2016 amended on third reading (t) 6322a
May 09, 2016 advanced to third reading
May 05, 2016 2nd report cal.
May 04, 2016 1st report cal.637
Jan 06, 2016 referred to alcoholism and drug abuse

Co-Sponsors

view additional co-sponsors

S6322 - Details

See Assembly Version of this Bill:
A9104A
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L

S6322 - Summary

Relates to authorizing alcohol and substance abuse treatment in another jurisdiction for defendants in judicial diversion programs.

S6322 - Sponsor Memo

S6322 - Bill Text download pdf

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

                                  6322

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

Introduced by Sens. RANZENHOFER, FUNKE, HANNON, MURPHY -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Alcoholism and Drug Abuse

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

S6322A (ACTIVE) - Details

See Assembly Version of this Bill:
A9104A
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §216.05, CP L

S6322A (ACTIVE) - Summary

Relates to authorizing alcohol and substance abuse treatment in another jurisdiction for defendants in judicial diversion programs.

S6322A (ACTIVE) - Sponsor Memo

S6322A (ACTIVE) - Bill Text download pdf

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

                                 6322--A
    Cal. No. 637

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

Introduced  by Sens. RANZENHOFER, BOYLE, CROCI, FUNKE, GALLIVAN, HANNON,
  LITTLE, MARCHIONE, MURPHY, ORTT -- read twice and ordered printed, and
  when printed to be committed to the Committee on Alcoholism  and  Drug
  Abuse  -- reported favorably from said committee, ordered to first and
  second report,  ordered  to  a  third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

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.

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