|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 26, 2018||referred to alcoholism and drug abuse|
senate Bill S7795
Archive: Last Bill Status - In Senate Committee Alcoholism And Drug Abuse Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7795 (ACTIVE) - Details
S7795 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7795 SPONSOR: BAILEY TITLE OF BILL: An act to amend the criminal procedure law, in relation to a judicial diversion program for certain felony offenders PURPOSE OR GENERAL IDEA: To expand the number of eligible crimes for a person to be diverted for substance use treatment and to update the term substance abuse to substance use. SUMMARY OF SPECIFIC PROVISIONS: Section 1. expands the definition of "eligible defendant" to include offenses found in sections 105.10, 105.13, 165.10, 165.11, 190.79, and 190.80 of the Penal Law; Section 2. and 3. change the term substance abuse as it currently reads in the Criminal Procedure Law to substance use as well as update the law to include the Diagnostic and Statistical Manual of Mental Disorders
S7795 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7795 I N S E N A T E February 26, 2018 ___________ Introduced by Sen. BAILEY -- 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 a 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. The opening paragraph of subdivision 1 and subdivision 2 of section 216.00 of the criminal procedure law, the opening paragraph of subdivision 1 as amended by chapter 90 of the laws of 2014 and subdivi- sion 2 as added by section 4 of part AAA of chapter 56 of the laws of 2009, are amended to read as follows: "Eligible defendant" means any person who stands charged in an indict- ment or a superior court information with a class B, C, D or E felony offense defined in article one hundred seventy-nine, two hundred twenty or two hundred twenty-one of the penal law, AN OFFENSE DEFINED IN SECTIONS 105.10 AND 105.13 OF THE PENAL LAW PROVIDED THAT THE UNDERLYING CRIME FOR THE CONSPIRACY CHARGE IS A CLASS B, C, D OR E FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED SEVENTY-NINE, TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL LAW, AUTO STRIPPING IN THE SECOND DEGREE AS DEFINED IN SECTION 165.10 OF THE PENAL LAW, AUTO STRIPPING IN THE FIRST DEGREE AS DEFINED IN SECTION 165.11 OF THE PENAL LAW, IDENTITY THEFT IN THE SECOND DEGREE AS DEFINED IN SECTION 190.79 OF THE PENAL LAW, IDENTITY THEFT IN THE FIRST DEGREE AS DEFINED IN SECTION 190.80 OF THE PENAL LAW, or any other specified offense as defined in subdivision [four] FIVE of section 410.91 of this chapter, provided, however, a defendant is not an "eligible defendant" if he or she: 2. "Alcohol and substance [abuse] USE evaluation" means a written assessment and report by a court-approved entity or licensed health care professional experienced in the treatment of alcohol and substance [abuse] USE DISORDER, or by an addiction and substance abuse counselor credentialed by the office of alcoholism and substance abuse services pursuant to section 19.07 of the mental hygiene law, which shall include: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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