|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 17, 2016||referred to codes|
delivered to assembly
|May 16, 2016||ordered to third reading cal.848|
committee discharged and committed to rules
|Jan 06, 2016||referred to alcoholism and drug abuse|
senate Bill S6317
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6317 (ACTIVE) - Details
S6317 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6317 TITLE OF BILL : An act to amend the criminal procedure law, in relation to the judicial diversion program for certain felony offenders PURPOSE : To allow for the ability to unseal records when evaluating whether defendants should be placed in a judicial diversion program. SUMMARY OF PROVISIONS : Section 1 - Amends subdivision 2 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. Section 2 - Renumbers subparagraphs (ii), (iii), (iv), and (v) or paragraph b of subdivision 3 of section 216.05 of the Criminal Procedure Law and adds a new subparagraph (ii). Section 3 - Effective Date. JUSTIFICATION :
S6317 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6317 I N S E N A T E (PREFILED) January 6, 2016 ___________ Introduced by Sen. DeFRANCISCO -- 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 the judicial diversion program for certain felony offenders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (c) of subdivision 2 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, paragraph (d) of such subdivision is relettered paragraph (e), and a new paragraph (d) is added to read as follows: (c) a recommendation as to the treatment modality, level of care and length of any proposed treatment to effectively address the defendant's alcohol or substance abuse or dependence and any co-occurring mental disorder or illness; [and] (D) A COMPLETE DESCRIPTION OF THE DEFENDANT'S CRIMINAL HISTORY, INCLUDING SEALED CASES, SUCH AS JUVENILE DELINQUENCY DETERMINATIONS, JUVENILE OFFENDER CASES, YOUTHFUL OFFENDER ADJUDICATIONS, AND ADJOURN- MENTS IN CONTEMPLATION OF DISMISSAL, WITH THE DEFENDANT'S REQUEST FOR AN ALCOHOL AND SUBSTANCE ABUSE EVALUATION BEING DEEMED A WAIVER OF ALL SEALING PROVISIONS AND AN AUTHORIZATION FOR RELEASE OF ALL SEALED RECORDS FOR PURPOSES OF THE EVALUATION AND THE COURT'S DETERMINATION OF THE DEFENDANT'S APPLICATION TO BE OFFERED ALCOHOL OR SUBSTANCE ABUSE TREATMENT PURSUANT TO THIS ARTICLE; AND S 2. Subparagraphs (ii), (iii), (iv) and (v) of paragraph (b) of subdivision 3 of section 216.05 of the criminal procedure law are renum- bered subparagraphs (iii), (iv), (v) and (vi) and a new subparagraph (ii) is added to read as follows: (II) DESPITE THE DEFENDANT BEING AN ELIGIBLE DEFENDANT, THE DEFEND- ANT'S CRIMINAL HISTORY, INCLUDING INFORMATION CONTAINED IN PREVIOUSLY SEALED RECORDS, INDICATES THAT THE DEFENDANT SHOULD NOT BE OFFERED ALCO- HOL OR SUBSTANCE ABUSE TREATMENT PURSUANT TO THIS ARTICLE; S 3. This act shall take effect immediately.
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