senate Bill S241

2017-2018 Legislative Session

Relates to the judicial diversion program for certain felony offenders

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Alcoholism And Drug Abuse Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to alcoholism and drug abuse
returned to senate
died in assembly
Jun 20, 2017 referred to codes
delivered to assembly
passed senate
Jan 31, 2017 advanced to third reading
Jan 30, 2017 2nd report cal.
Jan 24, 2017 1st report cal.85
Jan 04, 2017 referred to alcoholism and drug abuse

Votes

view votes

Jan 24, 2017 - Alcoholism and Substance Abuse committee Vote

S241
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Alcoholism and Substance Abuse committee vote details

Alcoholism and Substance Abuse Committee Vote: Jan 24, 2017

Co-Sponsors

S241 (ACTIVE) - Details

See Assembly Version of this Bill:
A1604
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§216.00 & 216.05, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6317, A9398
2019-2020: A1829

S241 (ACTIVE) - Summary

Relates to the judicial diversion program for certain felony offenders.

S241 (ACTIVE) - Sponsor Memo

S241 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   241

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Alcoholism  and  Drug
  Abuse

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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