senate Bill S7795

2017-2018 Legislative Session

Relates to a 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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 26, 2018 referred to alcoholism and drug abuse

S7795 (ACTIVE) - Details

See Assembly Version of this Bill:
A4237
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§216.00 & 216.05, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S2172, A1510
2021-2022: S1682, A5511

S7795 (ACTIVE) - Summary

Relates to a judicial diversion program for certain felony offenders; expands definition for an eligible defendant.

S7795 (ACTIVE) - Sponsor Memo

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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