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Assembly Bill A8802

2017-2018 Legislative Session

Relates to increasing the number of judicial departments

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Archive: Last Bill Status - In Assembly Committee

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2017-A8802 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 6 §4, Constn
Versions Introduced in 2019-2020 Legislative Session:
A2700

2017-A8802 (ACTIVE) - Summary

Relates to increasing the number of judicial departments; creates a second department north consisting of the ninth judicial district and a second department south consisting of the second, tenth and eleventh judicial districts.

2017-A8802 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8802
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2017
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred to the Committee
   on Judiciary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing  amendments  to  article 6 of the constitution, in relation to
   increasing the number of judicial departments
 
   Section 1. Resolved (if the Senate concur), That subdivisions a and  b
 of  section  4  of  article  6 of the constitution be amended to read as
 follows:
   a. The state shall be divided into [four] FIVE  judicial  departments.
 The  first  department  shall  consist  of the counties within the first
 judicial district of  the  state.  The  second  department  NORTH  shall
 consist of the counties within the [second,] ninth[, tenth and eleventh]
 judicial  [districts] DISTRICT of the state. THE SECOND DEPARTMENT SOUTH
 SHALL CONSIST OF THE COUNTIES WITHIN  THE  SECOND,  TENTH  AND  ELEVENTH
 JUDICIAL  DISTRICTS  OF THE STATE. The third department shall consist of
 the counties within the third, fourth and sixth  judicial  districts  of
 the  state.  The  fourth department shall consist of the counties within
 the fifth, seventh and eighth judicial  districts  of  the  state.  Each
 department  shall  be  bounded  by the lines of judicial districts. Once
 every ten years the legislature may alter the boundaries of the judicial
 departments, but without changing the number thereof.
   b. The appellate divisions of the supreme  court  are  continued,  and
 shall  consist  of  seven  justices  of the supreme court in each of the
 first and second departments  NORTH AND SOUTH, and five justices in each
 of the other departments.   In each appellate  division,  four  justices
 shall  constitute a quorum, and the concurrence of three shall be neces-
 sary to a decision. No more than five justices shall sit in any case.
   § 2. Resolved (if the Senate concur), That the foregoing amendment  be
 referred  to  the  first  legislative  session  convening after the next
 succeeding general election of members of the assembly, and in conformi-
 ty with section 1 of article 19 of the constitution, be published for  3
 months previous to the time of such election.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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