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Assembly Bill A799

2017-2018 Legislative Session

Precludes local criminal court from issuing a warrant of arrest based on any simplified information when the defendant has not been arraigned

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Archive: Last Bill Status - In Assembly Committee

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2017-A799 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §120.20, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2507
2011-2012: A3354
2013-2014: A582
2015-2016: A1922
2019-2020: A4092
2021-2022: A1522
2023-2024: A643
2025-2026: A6859

2017-A799 (ACTIVE) - Summary

Precludes a local criminal court from issuing a warrant of arrest based on any simplified information when the defendant has not been arraigned and has not come under the control of the court with respect to the charges in the simplified information; provides that this formerly applied only to simplified traffic informations.

2017-A799 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    799
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to issuance of a
   warrant of arrest when a criminal action has been commenced in a local
   criminal court by the filing of a simplified information

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 120.20 of the criminal procedure
 law, as amended by chapter 506 of the laws of 2000, is amended  to  read
 as follows:
   1. When a criminal action has been commenced in a local criminal court
 by  the  filing  therewith  of  an  accusatory  instrument, other than a
 simplified [traffic] information, against a defendant who has  not  been
 arraigned  upon  such  accusatory  instrument and has not come under the
 control of the court with respect thereto:
   (a) such court may, if such accusatory instrument is sufficient on its
 face, issue a warrant for such defendant's arrest; or
   (b) if such accusatory instrument is not sufficient  on  its  face  as
 prescribed  in section 100.40, and if the court is satisfied that on the
 basis of the available facts or evidence it would be impossible to  draw
 and  file  an  accusatory instrument that is sufficient on its face, the
 court must dismiss the accusatory instrument.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05157-01-7

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