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 |
Senate Bill S6322A
Signed By Governor2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(R) Senate District
(R) Senate District
(R, C, IP) Senate District
(R, C) 60th Senate District
2015-S6322 - Details
- See Assembly Version of this Bill:
- A9104
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §216.05, CP L
2015-S6322 - Sponsor Memo
BILL NUMBER: S6322 TITLE OF BILL : 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 sanctioned programs PURPOSE OR GENERAL IDEA OF BILL : To permit persons otherwise eligible to participate in alcohol or substance abuse treatment diversion programs to utilize programs in the district in which they reside SUMMARY OF SPECIFIC PROVISIONS : Section One - amends first subdivision 1 of section 216 of the Criminal Procedure Law (which will expire July 5, 2021) to provide that a defendant shall not be deemed ineligible for the judicial program under CPL Article 216 because of his or her residency in another jurisdiction in the state. Section Two - amends second subdivision 1 of section 216 of the Criminal Procedure Law (which will become effective July 5, 2021) to provide that a defendant shall not be deemed ineligible for the judicial program under CPL Article 216 because of his or her residency in another jurisdiction in the state. Section Three - amends subdivision 5 and 6 of CPL section 216.05 to permit the court to specify and approve a diversion program in another
2015-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
(R, C, IP, RFM) Senate District
(R, C, IP) Senate District
(R) Senate District
(R) Senate District
2015-S6322A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9104
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §216.05, CP L
2015-S6322A (ACTIVE) - Sponsor Memo
BILL NUMBER: S6322A TITLE OF BILL : 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 PURPOSE OR GENERAL IDEA OF BILL : To permit persons otherwise eligible to participate in alcohol or substance abuse treatment diversion programs to utilize programs in the district in which they reside. SUMMARY OF SPECIFIC PROVISIONS : Section One - amends first subdivision 1 of section 216 of the Criminal Procedure Law (which will expire July 5, 2021) to provide that a defendant can participate in an alcohol and substance abuse treatment program in a jurisdiction where the defendant resides or in any other jurisdiction. Section Two - Effective date. JUSTIFICATION : Unfortunately, it is not uncommon for defendants to be charged with substance abuse related charges in jurisdictions away from their
2015-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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