S T A T E   O F   N E W   Y O R K
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                                   2165
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced by Sens. SERINO, MARCHIONE, RITCHIE -- read twice and ordered
   printed,  and when printed to be committed to the Committee on Judici-
   ary
 
 AN ACT to amend the uniform  justice  court  act,  in  relation  to  the
   location of the presiding justice in certain circumstances

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 106 of the uniform  justice  court
 act,  as  amended  by  section  1 of part L of chapter 56 of the laws of
 2010, is amended to read as follows:
   1. A justice may hold court anywhere in the municipality including  in
 the  case  of  a town justice anywhere within a village wholly or partly
 contained within the town of which he is a justice regardless of whether
 or not said village has a village court and in the  event  two  or  more
 contiguous  villages  maintain  offices  in the same building, a village
 justice of any such village may hold court in  such  building,  notwith-
 standing  that the building is outside the boundaries of such village. A
 town justice may hold court in an adjacent town providing  such  justice
 has  been  elected  or  holds  office  pursuant to a plan established by
 resolution which was adopted pursuant to the provisions of  section  one
 hundred  six-a  of this article or the provisions of section one hundred
 six-b of this article. A justice may hold court in one or  more  munici-
 palities that form a contiguous geographic area, including in a town and
 one  or more villages each of which is wholly or partly contained within
 such town, within the  same  county  providing  there  is  an  agreement
 between  such  municipalities pursuant to article [five-g] FIVE-G of the
 general municipal law to hold all court proceedings in any of  the  such
 municipalities  in  a  courtroom  or other suitable facility open to the
 public.  FOR PURPOSES OF ARRAIGNMENTS, APPEARANCE PROCEEDINGS OR  PURSU-
 ANT  TO A WARRANT, A JUSTICE MAY PRESIDE ANYWHERE IN THE COUNTY PROVIDED
 THAT:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01650-01-7

 S. 2165                             2
 
   A. A JUSTICE CANNOT BE SECURED IN THE MUNICIPALITY WHERE THE  INCIDENT
 OCCURRED;
   B. THE RECEIVING MUNICIPALITY HAS BEEN CONTACTED AND CANNOT SECURE ANY
 OF THE JUSTICES WITHIN THE CONTIGUOUS BOUNDARY; AND
   C.  THE  JUSTICE IS ASSIGNED PURSUANT TO AN EMERGENCY PLAN THAT MAY BE
 ESTABLISHED BY THE CHIEF ADMINISTRATOR OF THE COURTS WITHIN  THE  JURIS-
 DICTION  WHEN THE REQUIREMENTS UNDER PARAGRAPHS A AND B OF THIS SUBDIVI-
 SION HAVE BEEN EXHAUSTED.
   § 2. This act shall take effect immediately.