Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2018 |
referred to codes returned to senate died in assembly |
Jun 13, 2017 |
referred to codes delivered to assembly passed senate |
Jun 05, 2017 |
ordered to third reading cal.1412 committee discharged and committed to rules |
Mar 29, 2017 |
print number 2050a |
Mar 29, 2017 |
amend and recommit to codes |
Jan 11, 2017 |
referred to codes |
Senate Bill S2050A
2017-2018 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(D) Senate District
(R) Senate District
(D) Senate District
(R) Senate District
2017-S2050 - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §216.05, CP L; add §205.70, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S3349
2013-2014: S1879
2015-2016: S1901
2017-S2050 - Summary
Relates to the judicial diversion program for alcohol and substance abuse offenders; requires court to consider, review and document evidence relating to a defendant's propensity for violent conduct prior to ordering such defendant into a judicial diversion program; establishes the crime of unauthorized departure from a rehabilitation facility.
2017-S2050 - Sponsor Memo
BILL NUMBER: S2050 TITLE OF BILL : An act to amend the criminal procedure law, in relation to the judicial diversion program for alcohol and substance abuse offenders; and to amend the penal law, in relation to the crime of unauthorized departure from a rehabilitation facility PURPOSE OR GENERAL IDEA OF BILL : To increase safety and security at alcohol and substance abuse treatment facilities that are utilized for judicial diversion programs. SUMMARY OF SPECIFIC PROVISIONS : Section 1: Amends subdivision 4 of section 216.05 of the Criminal Procedure Law to require that when the placement of an individual in a judicial diversion program for drug and/or substance abuse is being considered, the court must take into consideration the propensity of the individual to engage in future violent conduct. This section also amends subdivisions 5 and 8 as well as paragraph (a) of subdivision 9, of section 216.05 of the Criminal Procedure Law, to allow for defendants, at the sole discretion of the court, to make court appearances by video conference. Section 2: Amends section 216.05 of the Criminal Procedure Law by
2017-S2050 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2050 2017-2018 Regular Sessions I N S E N A T E January 11, 2017 ___________ Introduced by Sens. BONACIC, AKSHAR, AMEDORE, AVELLA, BOYLE, CARLUCCI, CROCI, DeFRANCISCO, FELDER, GOLDEN, GRIFFO, HANNON, LANZA, LARKIN, LAVALLE, LITTLE, MARCELLINO, MARCHIONE, MURPHY, O'MARA, ORTT, RANZEN- HOFER, RITCHIE, ROBACH, SAVINO, SEWARD, VALESKY, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to the judicial diversion program for alcohol and substance abuse offenders; and to amend the penal law, in relation to the crime of unauthorized depar- ture from a rehabilitation facility THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 4, 5 and 8 and paragraph (a) of subdivision 9 of section 216.05 of the criminal procedure law, subdivision 4 as added by section 4 of part AAA of chapter 56 of the laws of 2009, subdivision 5 as amended by chapter 67 of the laws of 2016, subdivision 8 as amended by chapter 315 of the laws of 2016 and paragraph (a) of subdivision 9 as amended by chapter 258 of the laws of 2015, are amended to read as follows: 4. When an authorized court, AFTER CONSIDERING THE UNDERLYING CHARGES AND THE PROPENSITY OR LACK THEREOF FOR VIOLENT CONDUCT OF THE DEFENDANT, AND AFTER REVIEWING OR HEARING ONE OR MORE WRITTEN OR ORAL OPINIONS FROM A LICENSED PSYCHOLOGIST OR PSYCHIATRIST AS TO THE PROPENSITY OF THE DEFENDANT FOR FUTURE VIOLENT CONDUCT, AND AFTER MAKING AN ON-THE-RECORD DETERMINATION AS TO THE REASONS WHY, BASED ON ALL EVIDENCE, determines, pursuant to paragraph (b) of subdivision three of this section, that an eligible defendant should be offered alcohol or substance abuse treat- ment, or when the parties and the court agree to an eligible defendant's participation in alcohol or substance abuse treatment, an eligible defendant may be allowed to participate in the judicial diversion program offered by this article. Prior to the court's issuing an order EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
(D) Senate District
(R) Senate District
(D) Senate District
(R) Senate District
2017-S2050A (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §216.05, CP L; add §205.70, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S3349
2013-2014: S1879
2015-2016: S1901
2017-S2050A (ACTIVE) - Summary
Relates to the judicial diversion program for alcohol and substance abuse offenders; requires court to consider, review and document evidence relating to a defendant's propensity for violent conduct prior to ordering such defendant into a judicial diversion program; establishes the crime of unauthorized departure from a rehabilitation facility.
2017-S2050A (ACTIVE) - Sponsor Memo
BILL NUMBER: S2050A TITLE OF BILL : An act to amend the criminal procedure law, in relation to the judicial diversion program for alcohol and substance abuse offenders; and to amend the penal law, in relation to the crime of unauthorized departure from a rehabilitation facility PURPOSE OR GENERAL IDEA OF BILL : To increase safety and security at alcohol and substance abuse treatment facilities that are utilized for judicial diversion programs. SUMMARY OF SPECIFIC PROVISIONS : Section 1: Amends subdivision 4 of section 216.05 of the Criminal Procedure Law to require that when the placement of an individual in a judicial diversion program for drug and/or substance abuse is being considered, the court must take into consideration the propensity of the individual to engage in future violent conduct. This section also amends subdivisions 5 and 8 as well as paragraph (a) of subdivision 9, of section 216.05 of the Criminal Procedure Law, to allow for defendants, at the sole discretion of the court, to make court appearances by video conference. Section 2: Amends section 216.05 of the Criminal Procedure Law by
2017-S2050A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2050--A 2017-2018 Regular Sessions I N S E N A T E January 11, 2017 ___________ Introduced by Sens. BONACIC, AVELLA, BOYLE, CARLUCCI, CROCI, DeFRANCIS- CO, FELDER, GALLIVAN, GOLDEN, GRIFFO, HANNON, LANZA, LARKIN, LAVALLE, LITTLE, MARCELLINO, MARCHIONE, O'MARA, ORTT, RANZENHOFER, RITCHIE, ROBACH, SAVINO, SERINO, SEWARD, VALESKY, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, in relation to the judicial diversion program for alcohol and substance abuse offenders; and to amend the penal law, in relation to the crime of unauthorized depar- ture from a rehabilitation facility THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 4, 5, 8 and paragraph (a) of subdivision 9 of section 216.05 of the criminal procedure law, subdivision 4 as added by section 4 of part AAA of chapter 56 of the laws of 2009, subdivision 5 as amended by chapter 67 of the laws of 2016, subdivision 8 as amended by chapter 315 of the laws of 2016 and paragraph (a) of subdivision 9 as amended by chapter 258 of the laws of 2015, are amended to read as follows: 4. When an authorized court, AFTER CONSIDERING THE UNDERLYING CHARGES AND THE PROPENSITY OR LACK THEREOF FOR VIOLENT CONDUCT OF THE DEFENDANT, AND AFTER REVIEWING OR HEARING ONE OR MORE WRITTEN OR ORAL OPINIONS FROM A LICENSED PSYCHOLOGIST OR PSYCHIATRIST AS TO THE PROPENSITY OF THE DEFENDANT FOR FUTURE VIOLENT CONDUCT, AND AFTER MAKING AN ON-THE-RECORD DETERMINATION AS TO THE REASONS WHY, BASED ON ALL EVIDENCE, determines, pursuant to paragraph (b) of subdivision three of this section, that an eligible defendant should be offered alcohol or substance abuse treat- ment, or when the parties and the court agree to an eligible defendant's participation in alcohol or substance abuse treatment, an eligible defendant may be allowed to participate in the judicial diversion EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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