Do you support this bill?

Assembly Bill A3722

2017-2018 Legislative Session

Requires a criminal court to release a defendant charged with certain offenses involving marihuana on his or her own recognizance upon ordering a case adjourned in contemplation of dismissal

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

multi-Sponsors

2017-A3722 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §170.56, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3497
2011-2012: A4439
2013-2014: A4121
2015-2016: A3284
2019-2020: A4270
2021-2022: A2069
2023-2024: A743

2017-A3722 (ACTIVE) - Summary

Requires a criminal court to release a defendant charged with certain offenses involving marihuana on his or her own recognizance upon ordering a case adjourned in contemplation of dismissal.

2017-A3722 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3722
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M. of A. AUBRY -- Multi-Sponsored by -- M. of A. COOK --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to  adjournments
   in contemplation of dismissal in cases involving marihuana
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 170.56 of the  criminal  procedure
 law, as added by chapter 1042 of the laws of 1971, is amended to read as
 follows:
   2.   Upon ordering the action adjourned in contemplation of dismissal,
 the court MUST RELEASE THE DEFENDANT ON HIS OR HER OWN RECOGNIZANCE  AND
 must  set  and  specify  such  conditions  for the adjournment as may be
 appropriate[, and such]. SUCH conditions may include placing the defend-
 ant under the supervision of any public or private agency.  At any  time
 prior  to  dismissal  the  court  may modify the conditions or extend or
 reduce the term of the adjournment, except  that  the  total  period  of
 adjournment  shall  not  exceed  twelve  months.   Upon violation of any
 condition fixed by the court, the court may revoke its order and restore
 the case to the calendar and the prosecution thereupon must proceed.  If
 the case is not so restored to the calendar during the period  fixed  by
 the court, the accusatory instrument is, at the expiration of such peri-
 od, deemed to have been dismissed in the furtherance of justice.
   §  2.  This act shall take effect on the thirtieth day next succeeding
 the date on which it shall have become a law  and  shall  apply  to  all
 adjournments  in  contemplation  of  dismissal ordered on and after such
 date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08151-01-7

Comments

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.