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
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.