NY State Senate Bill 2017-S7836

Archive: Last Bill Status - Signed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 15, 2018	signed chap.191 delivered to governor
Jun 05, 2018	returned to senate passed assembly ordered to third reading cal.1023 substituted for a9870
May 08, 2018	referred to ways and means delivered to assembly passed senate
Mar 22, 2018	advanced to third reading
Mar 21, 2018	2nd report cal.
Mar 20, 2018	1st report cal.714
Mar 01, 2018	referred to codes

Votes

- May 8, 2018 - Floor Vote
  S7836
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 8, 2018
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
  Mar 20, 2018 - Codes Committee Vote
  S7836
  
  16
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Mar 20, 2018
      
      aye (16)
      
      Akshar
      
      Bailey
      
      Boyle
      
      Croci
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hoylman-Sigal
      
      Kaminsky
      
      Krueger
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Serrano
      
      Tedisco

co-Sponsors

2017-S7836 (ACTIVE) - Details

See Assembly Version of this Bill:: A9870
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§170.15 & 180.20, CP L; amd §212, Judy L

2017-S7836 (ACTIVE) - Summary

Relates to human trafficking courts; authorizes transfer of cases after arraignment, by order or with consent of the DA, to another local criminal court or a designated human trafficking court.

2017-S7836 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7836

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the criminal procedure law and the judiciary law, in
relation to human trafficking courts

 
PURPOSE:

To allow any county, outside of a city having a population of one
million or more, the ability to move an action pending in a local crimi-
nal court to a court of special concern based upon the status of the
defendants or the victim as a victim of domestic violence.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision 5 to section 170.15 of the criminal
procedure law, to allow for the removal process of a misdemeanor action
pending in local criminal court to a court designated as a human traf-
ficking court.

Section 2 adds a new subdivision 4 to section 180.20 of the criminal
procedure law, to allow for the removal process of a felony action pend-
ing in a local criminal court to a court designated as a human traffick-
ing court.

Section 3 adds a new paragraph w to section 212 of the judiciary law to
add as a function of the chief administrator of the courts the authority
to establish human trafficking courts deemed needed.

Section 4 sets the effective date.

 
JUSTIFICATION:

In 2013, under the direction of former Chief Judge of the New York Court
of Appeals, Jonathan Lippman, New York implemented the trailblazing
Human Trafficking Intervention Court (HTIC) Initiative, establishing 11
special human trafficking criminal courts throughout the state - one for
each of the five boroughs of New York City, and six in Long Island and
upstate. These courts were created to provide alternatives to incarcera-
tion for people arrested on prostitution charges, premised on the under-
standing that many of the defendants were also victims of human traf-
ficking.

Like existing drug treatment courts, these HTICs link victims of human
trafficking and commercial sexual exploitation to crucial services that
are appropriate for their individual situations, including counseling,
job training, education, housing, medical assistance, immigration
services and substance abuse and mental health treatment.  Through an
extensive collaboration of dedicated judges, prosecutors, defense
lawyers, and service providers, the goal is to halt the systematic
pattern of shuffling defendants through courtrooms without addressing
the underlying cause of why they were arrested in the first place.

However, unlike drug courts, which were created by statute in 2000, to
act as hubs for the drug caseloads for their respective counties, four
of the six current HTIC courts outside of NYC lack jurisdiction to see

cases that originate outside of the local criminal courts where they are
physically situated.

To illustrate, the HTIC court in Westchester County, created as a part
of the criminal division of the Yonkers City Court, may only see those
cases where the arrests for prostitution occurred within the confines of
Yonkers, not those that occurred in a neighboring locality or elsewhere
in the county. The same scenario applies for the Erie County HTIC court
located in the Buffalo City Court, the Monroe County HTIC court in the
Rochester City Court, and the Onondaga County HTIC court in Syracuse
City Court.

The result is a system that leaves many victims of human trafficking who
would have benefited from these therapeutic court protocols in the cold.
This legislation would amend the criminal procedure law and the judici-
ary law to permit the removal of prostitution cases pending in the local
criminal courts to another local criminal court in the same county that
has been or may be established as a human trafficking court.

In New York, we have taken significant strides to address the problem of
human trafficking. We must enact this additional measure to allow the
special services these human trafficking courts can provide to be made
readily available to those who are arrested on prostitution charges in
communities that technically fall outside of the court's regular juris-
diction.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7836 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7836
 
                             I N  S E N A T E
 
                               March 1, 2018
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law and  the  judiciary  law,  in
   relation to human trafficking courts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 170.15 of the criminal procedure law is amended  by
 adding a new subdivision 5 to read as follows:
   5.  (A) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY,
 IN ANY COUNTY OUTSIDE A CITY HAVING A POPULATION OF ONE MILLION OR MORE,
 UPON OR AFTER ARRAIGNMENT OF A DEFENDANT ON AN INFORMATION, A SIMPLIFIED
 INFORMATION, A PROSECUTOR'S INFORMATION OR A MISDEMEANOR COMPLAINT PEND-
 ING IN A LOCAL CRIMINAL COURT,  SUCH  COURT  MAY,  UPON  MOTION  OF  THE
 DEFENDANT  AND  AFTER  GIVING THE DISTRICT ATTORNEY AN OPPORTUNITY TO BE
 HEARD, ORDER THAT THE ACTION BE REMOVED FROM  THE  COURT  IN  WHICH  THE
 MATTER IS PENDING TO ANOTHER LOCAL CRIMINAL COURT IN THE SAME COUNTY, OR
 WITH  CONSENT  OF THE DISTRICT ATTORNEY TO ANOTHER COURT IN AN ADJOINING
 COUNTY, THAT HAS BEEN DESIGNATED AS A HUMAN  TRAFFICKING  COURT  BY  THE
 CHIEF  ADMINISTRATOR OF THE COURTS, AND SUCH HUMAN TRAFFICKING COURT MAY
 THEN CONDUCT  SUCH  ACTION  TO  JUDGEMENT  OR  OTHER  FINAL  DEPOSITION;
 PROVIDED,  HOWEVER,  THAT AN ORDER OF REMOVAL ISSUED UNDER THIS SUBDIVI-
 SION SHALL NOT TAKE EFFECT UNTIL FIVE DAYS AFTER THE DATE THE  ORDER  IS
 ISSUED UNLESS, PRIOR TO SUCH EFFECTIVE DATE, THE HUMAN TRAFFICKING COURT
 NOTIFIES THE COURT THAT ISSUED THE ORDER THAT:
   I.  IT  WILL NOT ACCEPT THE ACTION, IN WHICH EVENT THE ORDER SHALL NOT
 TAKE EFFECT; OR
   II. IT WILL ACCEPT THE ACTION ON A DATE PRIOR TO SUCH EFFECTIVE  DATE,
 IN WHICH EVENT THE ORDER SHALL TAKE EFFECT UPON SUCH PRIOR DATE.
   (B)  UPON  PROVIDING  NOTIFICATION PURSUANT TO SUBPARAGRAPH I OR II OF
 PARAGRAPH (A) OF THIS SUBDIVISION, THE  HUMAN  TRAFFICKING  COURT  SHALL
 PROMPTLY  GIVE  NOTICE  TO  THE  DEFENDANT,  HIS OR HER COUNSEL, AND THE
 DISTRICT ATTORNEY.
   § 2. Section 180.20 of the criminal procedure law is amended by adding
 a new subdivision 4 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14267-01-8

 S. 7836                             2
 
   4. (A) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE  CONTRARY,
 IN ANY COUNTY OUTSIDE A CITY HAVING A POPULATION OF ONE MILLION OR MORE,
 UPON  OR  AFTER ARRAIGNMENT OF A DEFENDANT ON A FELONY COMPLAINT PENDING
 IN A LOCAL CRIMINAL COURT HAVING PRELIMINARY JURISDICTION THEREOF,  SUCH
 COURT  MAY,  UPON  MOTION OF THE DEFENDANT AND AFTER GIVING THE DISTRICT
 ATTORNEY AN OPPORTUNITY TO BE HEARD, ORDER THAT THE  ACTION  BE  REMOVED
 FROM  THE COURT IN WHICH THE MATTER IS PENDING TO ANOTHER LOCAL CRIMINAL
 COURT IN THE SAME COUNTY, OR WITH CONSENT OF THE  DISTRICT  ATTORNEY  TO
 ANOTHER  COURT  IN  AN  ADJOINING  COUNTY, THAT HAS BEEN DESIGNATED AS A
 HUMAN TRAFFICKING COURT BY THE CHIEF ADMINISTRATOR OF  THE  COURTS,  AND
 SUCH HUMAN TRAFFICKING COURT MAY THEN CONDUCT SUCH ACTION TO JUDGMENT OR
 OTHER  FINAL  DISPOSITION;  PROVIDED,  HOWEVER, THAT AN ORDER OF REMOVAL
 ISSUED UNDER THIS SUBDIVISION SHALL NOT  TAKE  EFFECT  UNTIL  FIVE  DAYS
 AFTER THE DATE THE ORDER IS ISSUED UNLESS, PRIOR TO SUCH EFFECTIVE DATE,
 THE  HUMAN  TRAFFICKING  COURT  NOTIFIES THE COURT THAT ISSUED THE ORDER
 THAT:
   I. IT WILL NOT ACCEPT THE ACTION, IN WHICH EVENT THE ORDER  SHALL  NOT
 TAKE EFFECT; OR
   II.  IT WILL ACCEPT THE ACTION ON A DATE PRIOR TO SUCH EFFECTIVE DATE,
 IN WHICH EVENT THE ORDER SHALL TAKE EFFECT UPON SUCH PRIOR DATE.
   (B) UPON PROVIDING NOTIFICATION PURSUANT TO SUBPARAGRAPH I  OR  II  OF
 PARAGRAPH  (A)  OF  THIS  SUBDIVISION, THE HUMAN TRAFFICKING COURT SHALL
 PROMPTLY GIVE NOTICE TO THE  DEFENDANT,  HIS  OR  HER  COUNSEL  AND  THE
 DISTRICT ATTORNEY.
   §  3.  Subdivision 2 of section 212 of the judiciary law is amended by
 adding a new paragraph (w) to read as follows:
   (W) TO THE EXTENT PRACTICABLE, ESTABLISH SUCH NUMBER  OF  HUMAN  TRAF-
 FICKING  COURTS  AS MAY BE NECESSARY TO FULFILL THE PURPOSES OF SUBDIVI-
 SION FIVE OF SECTION 170.15 AND SUBDIVISION FOUR OF  SECTION  180.20  OF
 THE CRIMINAL PROCEDURE LAW.
   § 4. This act shall take effect immediately.

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Senate Bill S7836

Sponsored By

Archive: Last Bill Status - Signed by Governor

May 8, 2018 - Floor Vote

Floor Vote: May 8, 2018

Mar 20, 2018 - Codes Committee Vote

Codes Committee Vote: Mar 20, 2018

co-Sponsors

2017-S7836 (ACTIVE) - Details

2017-S7836 (ACTIVE) - Summary

2017-S7836 (ACTIVE) - Sponsor Memo

2017-S7836 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7836

Share this bill

Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - Signed by Governor

co-Sponsors

Kathleen A. Marchione

2017-S7836 (ACTIVE) - Details

2017-S7836 (ACTIVE) - Summary

2017-S7836 (ACTIVE) - Sponsor Memo

2017-S7836 (ACTIVE) - Bill Text download pdf

Comments