S T A T E   O F   N E W   Y O R K
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                                  10360

                          I N  A S S E M B L Y

                              May 23, 2016
                               ___________

Introduced  by M. of A. LENTOL, BUCHWALD -- (at request of the Office of
  Court Administration) -- read once and referred to  the  Committee  on
  Codes

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14072-05-6
              

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  11.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, A LOCAL
CRIMINAL COURT ACCUSATORY INSTRUMENT MAY BE FILED WITH A LOCAL  CRIMINAL
COURT  WHILE IT IS OPERATING AN OFF-HOURS ARRAIGNMENT PART DESIGNATED IN
ACCORDANCE WITH PARAGRAPH (W) OF SUBDIVISION ONE OF SECTION TWO  HUNDRED
TWELVE OF THE JUDICIARY LAW PROVIDED THAT AN OFFENSE CHARGED THEREIN WAS
ALLEGEDLY  COMMITTED  IN THE COUNTY IN WHICH THE LOCAL CRIMINAL COURT IS
LOCATED.
  S 3. Subdivision 1 of section 120.90 of the criminal procedure law, as
amended by chapter 424 of the laws  of  1998,  is  amended  to  read  as
follows:
  1.    Upon arresting a defendant for any offense pursuant to a warrant
of arrest in the county in which the warrant is  returnable  or  in  any
adjoining  county,  or  upon so arresting him OR HER for a felony in any
other county, a police officer, if he OR SHE be one to whom the  warrant
is  addressed, must without unnecessary delay bring the defendant before
the local criminal court in which such warrant is  returnable,  PROVIDED
THAT, WHERE A LOCAL CRIMINAL COURT IN THE COUNTY IN WHICH THE WARRANT IS
RETURNABLE  HEREUNDER  IS OPERATING AN OFF-HOURS ARRAIGNMENT PART DESIG-
NATED IN ACCORDANCE WITH PARAGRAPH (W) OF SUBDIVISION ONE OF SECTION TWO
HUNDRED TWELVE OF THE JUDICIARY LAW AT THE TIME OF  DEFENDANT'S  RETURN,
SUCH  POLICE  OFFICER MAY BRING THE DEFENDANT BEFORE SUCH LOCAL CRIMINAL
COURT.
  S 4. Paragraph (d) of subdivision 1 of section 140.20 of the  criminal
procedure law, as amended by chapter 549 of the laws of 1987, is amended
and a new paragraph (e) is added to read as follows:
  (d)  If  the  arrest  is for a traffic infraction or for a misdemeanor
relating to traffic, the police officer may,  instead  of  bringing  the
arrested  person before the local criminal court of the political subdi-
vision or locality in which the offense was allegedly  committed,  bring
him  OR  HER  before the local criminal court of the same county nearest
available by highway travel to the point of arrest[.]; AND
  (E) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, WHERE A LOCAL
CRIMINAL COURT IN THE COUNTY IN WHICH THE DEFENDANT IS ARRESTED IS OPER-
ATING AN OFF-HOURS ARRAIGNMENT PART DESIGNATED IN ACCORDANCE WITH  PARA-
GRAPH  (W) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWELVE OF THE JUDI-
CIARY LAW AT THE TIME OF DEFENDANT'S ARREST, THE ARRESTED PERSON MAY  BE
BROUGHT BEFORE SUCH LOCAL CRIMINAL COURT.
  S 5. Section 170.10 of the criminal procedure law is amended by adding
a new subdivision 10 to read as follows:
  10.  NOTWITHSTANDING  ANY  CONTRARY PROVISION OF THIS SECTION, WHEN AN
OFF-HOURS ARRAIGNMENT PART DESIGNATED IN ACCORDANCE WITH  PARAGRAPH  (W)
OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW IS
IN OPERATION IN THE COUNTY IN WHICH THE COURT IS LOCATED, THE COURT MUST
ADJOURN  THE  PROCEEDINGS  BEFORE IT, AND DIRECT THAT THE PROCEEDINGS BE
CONTINUED IN SUCH OFF-HOURS PART WHEN THE DEFENDANT HAS APPEARED  BEFORE
THE  COURT  WITHOUT COUNSEL AND NO COUNSEL IS OTHERWISE AVAILABLE AT THE
TIME OF SUCH APPEARANCE TO  AID  THE  DEFENDANT,  UNLESS  THE  DEFENDANT
DESIRES  TO  PROCEED  WITHOUT THE AID OF COUNSEL AND THE COURT IS SATIS-
FIED, PURSUANT TO SUBDIVISION SIX OF THIS SECTION,  THAT  THE  DEFENDANT
MADE SUCH DECISION WITH KNOWLEDGE OF THE SIGNIFICANCE THEREOF.
  S 6. Section 180.10 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7.  NOTWITHSTANDING  ANY  CONTRARY  PROVISION OF THIS SECTION, WHEN AN
OFF-HOURS ARRAIGNMENT PART DESIGNATED IN ACCORDANCE WITH  PARAGRAPH  (W)
OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW IS
IN OPERATION IN THE COUNTY IN WHICH THE COURT IS LOCATED, THE COURT MUST

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ADJOURN  THE  PROCEEDINGS  BEFORE IT, AND DIRECT THAT THE PROCEEDINGS BE
CONTINUED IN SUCH OFF-HOURS PART WHEN THE DEFENDANT HAS APPEARED  BEFORE
THE  COURT  WITHOUT COUNSEL AND NO COUNSEL IS OTHERWISE AVAILABLE AT THE
TIME OF SUCH APPEARANCE TO AID THE DEFENDANT.
  S 7. Subdivision 2 of section 106 of the uniform justice court act, as
added by chapter 321 of the laws of 2007, is amended to read as follows:
  2.  The  chief  administrator of the courts may temporarily assign any
justice of another town or village court, or a judge of a city court, to
a town or village court within the county of such judge's  or  justice's
residence  or an adjoining county. While temporarily assigned hereunder,
any such judge or justice shall have the powers, duties and jurisdiction
of a justice of the court to which the assignment is made, INCLUDING THE
POWER TO PRESIDE OVER AN OFF-HOURS ARRAIGNMENT PART ESTABLISHED IN  SUCH
COURT  PURSUANT  TO  PARAGRAPH  (W)  OF  SUBDIVISION  ONE OF SECTION TWO
HUNDRED TWELVE OF THE JUDICIARY LAW. After the expiration of any  tempo-
rary  assignment hereunder, the judge or justice assigned shall have all
the powers, duties and jurisdiction of a judge or justice of  the  court
to  which  the  assignment  was made with respect to all matters pending
during the term of such temporary  assignment.  Such  judge  or  justice
shall  be entitled to such compensation and travel expenses as the chief
administrator shall prescribe by rule, payable out of funds appropriated
to the state judiciary for such purpose.
  S 8. This act shall take effect on the ninetieth day  after  it  shall
have become a law.