|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 03, 2018||referred to codes|
|Jan 12, 2017||referred to codes|
assembly Bill A1604
Archive: Last Bill Status - In Assembly Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
A1604 (ACTIVE) - Details
A1604 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1604 2017-2018 Regular Sessions I N A S S E M B L Y January 12, 2017 ___________ Introduced by M. of A. MAGNARELLI -- read once and referred to the Committee on Codes 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 § 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; § 3. This act shall take effect immediately.
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