assembly Bill A10072

2017-2018 Legislative Session

Relates to the removal of an action from a problem solving court

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 14, 2018 referred to codes

A10072 (ACTIVE) - Details

See Senate Version of this Bill:
S3039
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §170.15, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9833, S6595
2019-2020: A5937, S3889

A10072 (ACTIVE) - Summary

Relates to the removal of an action from a problem solving court; provides that a "problem solving court" shall include, but not be limited to, drug court, domestic violence court, youth court, mental health court and veterans court.

A10072 (ACTIVE) - Bill Text download pdf


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

                                  10072

                          I N  A S S E M B L Y

                             March 14, 2018
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on Codes

AN ACT to amend the criminal procedure law, in relation  to  a  "problem
  solving court"

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

  Section 1. Subdivision 4 of section 170.15 of the  criminal  procedure
law, as amended by chapter 67 of the laws of 2000, is amended to read as
follows:
  4.  Notwithstanding  any provision of this section to the contrary, in
any county outside a city having a population of one  million  or  more,
upon or after arraignment of a defendant on an information, a simplified
information, a prosecutor's information or a misdemeanor complaint pend-
ing  in  a  local  criminal  court,  such  court may, upon motion of the
defendant and with the consent of the district attorney, order that  the
action  be  removed  from  the  court  in which the matter is pending to
another local criminal court in the same county which  has  been  desig-
nated a [drug] court FORMED TO ADDRESS A MATTER OF SPECIAL CONCERN BASED
UPON  THE  STATUS  OF  THE  DEFENDANT OR THE VICTIM, COMMONLY KNOWN AS A
"PROBLEM SOLVING COURT," INCLUDING, BUT  NOT  LIMITED  TO,  DRUG  COURT,
DOMESTIC  VIOLENCE COURT, YOUTH COURT, MENTAL HEALTH COURT, AND VETERANS
COURT, by the chief administrator of the courts, and such [drug] PROBLEM
SOLVING court may then conduct such action to  [judgement]  JUDGMENT  or
other  final  disposition;  provided,  however, that an order of removal
issued under this subdivision shall not  take  effect  until  five  days
after the date the order is issued unless, prior to such effective date,
the  [drug]  PROBLEM  SOLVING  court  notifies the court that issued the
order that:
  (a) it will not accept the action, in which event the order shall  not
take effect, or
  (b)  it will accept the action on a date prior to such effective date,
in which event the order shall take effect upon such prior date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08719-01-7