senate Bill S7209A

Signed By Governor
2015-2016 Legislative Session

Relates to off-hours arraignment parts in counties outside the city of New York

download bill text pdf

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
Nov 28, 2016 signed chap.492
Nov 16, 2016 delivered to governor
Jun 17, 2016 returned to senate
passed assembly
ordered to third reading rules cal.210
substituted for a10360
Jun 16, 2016 referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.1908
committee discharged and committed to rules
May 24, 2016 print number 7209a
May 24, 2016 amend and recommit to judiciary
Apr 06, 2016 referred to judiciary

S7209 - Details

See Assembly Version of this Bill:
A10360
Law Section:
Judiciary Law
Laws Affected:
Amd §212, Judy L; amd §§100.55, 120.90, 140.20, 170.10 & 180.10, CP L; amd §106, UJCA

S7209 - Summary

Relates to off-hours arraignment parts in counties outside the city of New York; authorizes the establishment of a plan to designate off-hours arraignment parts in select local criminal courts of a county.

S7209 - Sponsor Memo

S7209 - Bill Text download pdf

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

                                  7209

                            I N  S E N A T E

                              April 6, 2016
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT  to  amend the judiciary law, the criminal procedure law and the
  uniform justice court act, in relation to off-hours arraignment  parts
  in counties outside of the city of New York

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

  Section 1. Subdivision 1 of  section  212  of  the  judiciary  law  is
amended by adding a new paragraph (w) to read as follows:
  (W)  ADOPT,  AFTER  CONSULTATION  WITH  THE  OFFICE  OF INDIGENT LEGAL
SERVICES, THE APPROPRIATE LOCAL MAGISTRATES  ASSOCIATION,  INSTITUTIONAL
PROVIDERS OF CRIMINAL DEFENSE SERVICES AND OTHER MEMBERS OF THE CRIMINAL
DEFENSE  BAR,  LOCAL GOVERNMENT OFFICIALS, INCLUDING THE DISTRICT ATTOR-
NEY, AND WITH THE APPROVAL OF THE ADMINISTRATIVE BOARD OF THE COURTS,  A
PLAN  FOR  THE  ESTABLISHMENT,  IN ACCORDANCE WITH PARAGRAPH (C) OF THIS
SUBDIVISION, OF OFF-HOURS ARRAIGNMENT PARTS  IN  SELECT  LOCAL  CRIMINAL
COURTS OF A COUNTY TO BE HELD IN SUCH COURTS ON A ROTATING BASIS FOR THE
CONDUCT  OF  ARRAIGNMENTS  AND  OTHER PRELIMINARY PROCEEDINGS INCIDENTAL
THERETO, AND FOR ARREST WARRANT RETURNS IN CRIMINAL CASES WHERE THE  USE
OF  SUCH  PARTS  WILL FACILITATE THE AVAILABILITY OF PUBLIC DEFENDERS OR
ASSIGNED COUNSEL FOR DEFENDANTS IN NEED OF LEGAL REPRESENTATION AT  SUCH
PROCEEDINGS.    TO  THE  EXTENT PRACTICABLE AND NOTWITHSTANDING THAT ANY
SUCH PLAN SHALL DESIGNATE OFF-HOURS ARRAIGNMENT PARTS IN FEWER THAN  ALL
OF  THE  LOCAL CRIMINAL COURTS OF A COUNTY, EACH PLAN AUTHORIZED BY THIS
PARAGRAPH SHALL PROVIDE FOR THE PERIODIC ASSIGNMENT OF ALL OF THE JUDGES
AND JUSTICES OF ALL OF THE LOCAL CRIMINAL COURTS IN THE AFFECTED  COUNTY
TO  THE OFF-HOURS ARRAIGNMENT PARTS DESIGNATED THEREIN. THE CHIEF ADMIN-
ISTRATOR SHALL GIVE APPROPRIATE PUBLIC NOTICE OF EACH OFF-HOURS ARRAIGN-
MENT PART ESTABLISHED HEREUNDER AND EACH JUDICIAL ASSIGNMENT MADE THERE-
TO.
  S 2. Section 100.55 of the criminal procedure law is amended by adding
a new subdivision 11 to read as follows:
  11. NOTWITHSTANDING ANY PROVISION OF LAW  TO  THE  CONTRARY,  A  LOCAL
CRIMINAL  COURT ACCUSATORY INSTRUMENT SHALL BE FILED WITH A LOCAL CRIMI-
NAL COURT WHILE IT IS OPERATING AN OFF-HOURS ARRAIGNMENT PART DESIGNATED
IN ACCORDANCE WITH PARAGRAPH (W)  OF  SUBDIVISION  ONE  OF  SECTION  TWO

S7209A (ACTIVE) - Details

See Assembly Version of this Bill:
A10360
Law Section:
Judiciary Law
Laws Affected:
Amd §212, Judy L; amd §§100.55, 120.90, 140.20, 170.10 & 180.10, CP L; amd §106, UJCA

S7209A (ACTIVE) - Summary

Relates to off-hours arraignment parts in counties outside the city of New York; authorizes the establishment of a plan to designate off-hours arraignment parts in select local criminal courts of a county.

S7209A (ACTIVE) - Sponsor Memo

S7209A (ACTIVE) - Bill Text download pdf

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

                                 7209--A

                            I N  S E N A T E

                              April 6, 2016
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed  to the Committee on Judiciary -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend the judiciary law, the criminal procedure law and the
  uniform justice court act, in relation to off-hours arraignment  parts
  in counties outside of the city of New York

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

  Section 1. Subdivision 1 of  section  212  of  the  judiciary  law  is
amended by adding a new paragraph (w) to read as follows:
  (W)  ADOPT,  AFTER  CONSULTATION  WITH  THE  OFFICE  OF INDIGENT LEGAL
SERVICES, THE APPROPRIATE LOCAL MAGISTRATES  ASSOCIATION,  INSTITUTIONAL
PROVIDERS OF CRIMINAL DEFENSE SERVICES AND OTHER MEMBERS OF THE CRIMINAL
DEFENSE  BAR,  LOCAL GOVERNMENT OFFICIALS, INCLUDING THE DISTRICT ATTOR-
NEY, AND WITH THE APPROVAL OF THE ADMINISTRATIVE BOARD OF THE COURTS,  A
PLAN  FOR  THE  ESTABLISHMENT,  IN ACCORDANCE WITH PARAGRAPH (C) OF THIS
SUBDIVISION, OF OFF-HOURS ARRAIGNMENT PARTS  IN  SELECT  LOCAL  CRIMINAL
COURTS OF A COUNTY TO BE HELD IN SUCH COURTS ON A ROTATING BASIS FOR THE
CONDUCT  OF  ARRAIGNMENTS  AND  OTHER PRELIMINARY PROCEEDINGS INCIDENTAL
THERETO, AND FOR ARREST WARRANT RETURNS IN CRIMINAL CASES, WHERE THE USE
OF SUCH PARTS WILL FACILITATE THE AVAILABILITY OF  PUBLIC  DEFENDERS  OR
ASSIGNED  COUNSEL FOR DEFENDANTS IN NEED OF LEGAL REPRESENTATION AT SUCH
PROCEEDINGS.  TO THE EXTENT PRACTICABLE, AND  NOTWITHSTANDING  THAT  ANY
SUCH  PLAN SHALL DESIGNATE OFF-HOURS ARRAIGNMENT PARTS IN FEWER THAN ALL
OF THE LOCAL CRIMINAL COURTS OF A COUNTY, EACH PLAN AUTHORIZED  BY  THIS
PARAGRAPH SHALL PROVIDE FOR THE PERIODIC ASSIGNMENT OF ALL OF THE JUDGES
AND  JUSTICES OF ALL OF THE LOCAL CRIMINAL COURTS IN THE AFFECTED COUNTY
TO THE OFF-HOURS ARRAIGNMENT PARTS DESIGNATED THEREIN. THE CHIEF  ADMIN-
ISTRATOR SHALL GIVE APPROPRIATE PUBLIC NOTICE OF EACH OFF-HOURS ARRAIGN-
MENT PART ESTABLISHED HEREUNDER AND EACH JUDICIAL ASSIGNMENT MADE THERE-
TO.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14072-06-6

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