NY State Assembly Bill 2019-A8360A

Assembly Bill A8360A

2019-2020 Legislative Session

Authorizes the chief administrator of the courts to establish veterans treatment courts; and relates to the removal of certain actions to veterans treatment courts

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2020	print number 8360a
Jan 30, 2020	amend and recommit to judiciary
Jan 08, 2020	referred to judiciary
Jun 15, 2019	referred to judiciary

Bill Amendments

Original

A (Active)

2019-A8360 - Details

See Senate Version of this Bill:: S5059
Current Committee:: Assembly Judiciary
Law Section:: Judiciary Law
Laws Affected:: Amd §212, Judy L; amd §§170.15 & 180.20, add §230.21, CP L
Versions Introduced in 2021-2022 Legislative Session:: A5719, S1957

2019-A8360 - Summary

Authorizes the chief administrator of the courts to establish veterans treatment courts; and relates to the removal of certain actions to veterans treatment courts.

2019-A8360 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8360
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 15, 2019
                                ___________
 
 Introduced  by M. of A. GALEF -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the judiciary law, in relation to authorizing the  chief
   administrator  of  the  courts to establish veterans treatment courts;
   and to amend the criminal procedure law, in relation to the removal of
   certain actions to veterans treatment courts

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section  212  of the judiciary law is
 amended by adding a new paragraph (x) to read as follows:
   (X) TO THE EXTENT  PRACTICABLE,  ESTABLISH  SUCH  NUMBER  OF  VETERANS
 TREATMENT COURTS AS MAY BE NECESSARY TO FULFILL THE PURPOSES OF SUBDIVI-
 SION  FOUR  OF SECTION 170.15 AND SUBDIVISION THREE OF SECTION 180.20 OF
 THE CRIMINAL PROCEDURE LAW.
   § 2. Subdivision 5 of section 170.15 of the criminal procedure law, as
 added by chapter 191 of the laws of 2018, is amended 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]  OF  an
 adjoining  county,  TO  A  COURT  IN SUCH ADJOINING COUNTY that has been
 designated as a human trafficking court OR VETERANS TREATMENT  COURT  by
 the  chief administrator of the courts, and such human trafficking court
 OR VETERANS TREATMENT COURT may then conduct such action to  [judgement]
 JUDGMENT  or other final deposition; provided, however, that THE CONSENT
 OF THE DISTRICT ATTORNEY SHALL BE REQUIRED BEFORE THE  COURT  MAY  ORDER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11046-01-9

 A. 8360                             2
 
 REMOVAL  TO  ANOTHER  LOCAL  CRIMINAL COURT IN THE SAME COUNTY WHERE THE
 ACCUSED AND THE PERSON ALLEGED TO BE THE VICTIM OF  AN  OFFENSE  CHARGED
 ARE  MEMBERS  OF  THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION
 ONE  OF  SECTION  530.11  OF  THIS CHAPTER; AND PROVIDED FURTHER 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 OR VETERANS TREATMENT 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 OR VETER-
 ANS  TREATMENT COURT shall promptly give notice to the defendant, his or
 her counsel, and the district attorney.
   § 3. Subdivision 4 of section 180.20 of the criminal procedure law, as
 added by chapter 191 of the laws of 2018, is amended to read as follows:
   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] OF an adjoining county, TO A COURT IN SUCH ADJOINING
 COUNTY that has been designated as a human trafficking court OR VETERANS
 TREATMENT COURT by the chief administrator of the courts, and such human
 trafficking court OR VETERANS TREATMENT  COURT  may  then  conduct  such
 action  to  judgment or other final disposition; provided, however, that
 THE CONSENT OF THE DISTRICT ATTORNEY SHALL BE REQUIRED BEFORE THE  COURT
 MAY  ORDER  REMOVAL  TO  ANOTHER LOCAL CRIMINAL COURT IN THE SAME COUNTY
 WHERE THE ACCUSED AND THE PERSON ALLEGED TO BE THE VICTIM OF AN  OFFENSE
 CHARGED ARE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDI-
 VISION  ONE  OF  SECTION 530.11 OF THIS CHAPTER; AND PROVIDED FURTHER 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 OR VETERANS TREATMENT 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 OR VETER-
 ANS  TREATMENT COURT shall promptly give notice to the defendant, his or
 her counsel and the district attorney.
   § 4. The criminal procedure law is amended by  adding  a  new  section
 230.21 to read as follows:
 § 230.21 REMOVAL OF ACTION TO AN ADJOINING COUNTY.
   1.  IN ANY COUNTY OUTSIDE A CITY HAVING A POPULATION OF ONE MILLION OR
 MORE, THE COURT MAY, UPON MOTION OF THE DEFENDANT AND AFTER  GIVING  THE
 DISTRICT  ATTORNEY  AN  OPPORTUNITY TO BE HEARD, AND WITH CONSENT OF THE
 DISTRICT ATTORNEY OF AN ADJOINING  COUNTY  THAT  HAS  A  SUPERIOR  COURT
 DESIGNATED  A VETERANS TREATMENT COURT BY THE CHIEF ADMINISTRATOR OF THE

 A. 8360                             3
 
 COURTS, ORDER THAT THE INDICTMENT AND ACTION BE REMOVED FROM  THE  COURT
 IN  WHICH THE MATTER IS PENDING TO SUCH VETERANS TREATMENT COURT, WHERE-
 UPON SUCH COURT MAY THEN CONDUCT SUCH ACTION TO JUDGMENT OR OTHER  FINAL
 DISPOSITION;  PROVIDED, HOWEVER, THAT THE CONSENT OF THE DISTRICT ATTOR-
 NEY OF THE COUNTY IN WHICH THE ACTION AND INDICTMENT ARE  PENDING  SHALL
 BE  REQUIRED  BEFORE  THE  COURT  MAY  ORDER REMOVAL HEREUNDER WHERE THE
 ACCUSED AND THE PERSON ALLEGED TO BE THE VICTIM OF  AN  OFFENSE  CHARGED
 ARE  MEMBERS  OF  THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION
 ONE OF SECTION 530.11 OF THIS CHAPTER;  AND  PROVIDED  FURTHER  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 VETERANS TREATMENT COURT  NOTIFIES  THE  COURT  THAT
 ISSUED THE ORDER THAT:
   (A)  IT WILL NOT ACCEPT THE ACTION, IN WHICH EVENT THE ORDER SHALL NOT
 TAKE EFFECT, OR
   (B) 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.
   2.  UPON  PROVIDING  NOTIFICATION  PURSUANT TO PARAGRAPH (A) OR (B) OF
 SUBDIVISION ONE OF THIS SECTION,  THE  VETERANS  TREATMENT  COURT  SHALL
 PROMPTLY  GIVE  NOTICE  TO  THE  DEFENDANT,  HIS  OR HER COUNSEL AND THE
 DISTRICT ATTORNEY OF BOTH COUNTIES.
   § 5. This act shall take effect immediately.

co-Sponsors

2019-A8360A (ACTIVE) - Details

See Senate Version of this Bill:: S5059
Current Committee:: Assembly Judiciary
Law Section:: Judiciary Law
Laws Affected:: Amd §212, Judy L; amd §§170.15 & 180.20, add §230.21, CP L
Versions Introduced in 2021-2022 Legislative Session:: A5719, S1957

2019-A8360A (ACTIVE) - Summary

Authorizes the chief administrator of the courts to establish veterans treatment courts; and relates to the removal of certain actions to veterans treatment courts.

2019-A8360A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8360--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 15, 2019
                                ___________
 
 Introduced  by M. of A. GALEF -- read once and referred to the Committee
   on Judiciary -- recommitted to the Committee on Judiciary  in  accord-
   ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT to amend the judiciary law, in relation to authorizing the chief
   administrator of the courts to establish  veterans  treatment  courts;
   and to amend the criminal procedure law, in relation to the removal of
   certain actions to veterans treatment courts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of  section  212  of  the  judiciary  law  is
 amended by adding a new paragraph (aa) to read as follows:
   (AA)  TO  THE  EXTENT  PRACTICABLE,  ESTABLISH SUCH NUMBER OF VETERANS
 TREATMENT COURTS AS MAY BE NECESSARY TO FULFILL THE PURPOSES OF SUBDIVI-
 SION FOUR OF SECTION 170.15 AND SUBDIVISION THREE OF SECTION  180.20  OF
 THE CRIMINAL PROCEDURE LAW.
   § 2. Subdivision 5 of section 170.15 of the criminal procedure law, as
 added by chapter 191 of the laws of 2018, is amended 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] TO
 REMOVE THE ACTION TO A COURT IN AN ADJOINING COUNTY THAT HAS BEEN DESIG-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11046-07-9

 A. 8360--A                          2
 
 NATED AS A HUMAN TRAFFICKING COURT OR VETERANS TREATMENT  COURT  BY  THE
 CHIEF  ADMINISTRATOR OF THE COURTS, AND AFTER GIVING THE DISTRICT ATTOR-
 NEY AN OPPORTUNITY TO BE HEARD AND WITH  THE  CONSENT  OF  THE  DISTRICT
 ATTORNEY  OF THE ADJOINING COUNTY, ORDER THAT THE ACTION BE REMOVED FROM
 THE COURT IN WHICH THE MATTER IS PENDING TO SUCH HUMAN TRAFFICKING COURT
 OR VETERANS TREATMENT COURT, WHEREUPON SUCH COURT may then conduct  such
 action  to  [judgement]  JUDGMENT  or  other final deposition; provided,
 however, that THE CONSENT OF THE DISTRICT  ATTORNEY  OF  THE  COUNTY  IN
 WHICH THE ACTION AND INDICTMENT ARE PENDING SHALL BE REQUIRED BEFORE THE
 COURT  MAY  ORDER  REMOVAL  HEREUNDER  WHERE  THE ACCUSED AND THE PERSON
 ALLEGED TO BE THE VICTIM OF AN OFFENSE CHARGED ARE MEMBERS OF  THE  SAME
 FAMILY  OR  HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF
 THIS CHAPTER; AND PROVIDED FURTHER 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 OR VETERANS TREATMENT 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 OR VETER-
 ANS TREATMENT COURT shall promptly give notice to the defendant, his  or
 her counsel, and the district attorney.
   § 3. Subdivision 4 of section 180.20 of the criminal procedure law, as
 added by chapter 191 of the laws of 2018, is amended to read as follows:
   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] OF an adjoining county, TO A COURT IN  SUCH  ADJOINING
 COUNTY that has been designated as a human trafficking court OR VETERANS
 TREATMENT COURT by the chief administrator of the courts, and such human
 trafficking  court  OR  VETERANS  TREATMENT  COURT may then conduct such
 action to judgment or other final disposition; provided,  however,  that
 THE  CONSENT  OF THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE ACTION
 IS PENDING SHALL BE REQUIRED BEFORE THE COURT MAY  ORDER  REMOVAL  HERE-
 UNDER  WHERE  THE  ACCUSED AND THE PERSON ALLEGED TO BE THE VICTIM OF AN
 OFFENSE CHARGED ARE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD  AS  DEFINED
 IN  SUBDIVISION  ONE  OF  SECTION  530.11  OF THIS CHAPTER; AND PROVIDED
 FURTHER 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 OR VETERANS TREAT-
 MENT 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 OR VETER-

 A. 8360--A                          3
 
 ANS  TREATMENT COURT shall promptly give notice to the defendant, his or
 her counsel and the district attorney.
   §  4.  The  criminal  procedure law is amended by adding a new section
 230.21 to read as follows:
 § 230.21 REMOVAL OF ACTION TO AN ADJOINING COUNTY.
   1. IN ANY COUNTY OUTSIDE A CITY HAVING A POPULATION OF ONE MILLION  OR
 MORE,  THE  COURT MAY, UPON MOTION OF THE DEFENDANT AND AFTER GIVING THE
 DISTRICT ATTORNEY AN OPPORTUNITY TO BE HEARD, AND WITH  CONSENT  OF  THE
 DISTRICT  ATTORNEY  OF  AN  ADJOINING  COUNTY  THAT HAS A SUPERIOR COURT
 DESIGNATED A HUMAN TRAFFICKING COURT OR VETERANS TREATMENT COURT BY  THE
 CHIEF  ADMINISTRATOR OF THE COURTS, ORDER THAT THE INDICTMENT AND ACTION
 BE REMOVED FROM THE COURT IN WHICH THE MATTER IS PENDING TO  SUCH  HUMAN
 TRAFFICKING  COURT OR VETERANS TREATMENT COURT, WHEREUPON SUCH COURT MAY
 THEN CONDUCT  SUCH  ACTION  TO  JUDGMENT  OR  OTHER  FINAL  DISPOSITION;
 PROVIDED,  HOWEVER,  THAT  THE  CONSENT  OF THE DISTRICT ATTORNEY OF THE
 COUNTY IN WHICH THE ACTION AND INDICTMENT ARE PENDING SHALL BE  REQUIRED
 BEFORE  THE  COURT MAY ORDER REMOVAL HEREUNDER WHERE THE ACCUSED AND THE
 PERSON ALLEGED TO BE THE VICTIM OF AN OFFENSE CHARGED ARE MEMBERS OF THE
 SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11
 OF THIS CHAPTER; AND PROVIDED FURTHER 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 OR VETERANS TREATMENT COURT NOTIFIES  THE  COURT  THAT
 ISSUED THE ORDER THAT:
   (A)  IT WILL NOT ACCEPT THE ACTION, IN WHICH EVENT THE ORDER SHALL NOT
 TAKE EFFECT, OR
   (B) 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.
   2.  UPON  PROVIDING  NOTIFICATION  PURSUANT TO PARAGRAPH (A) OR (B) OF
 SUBDIVISION ONE OF THIS SECTION, THE HUMAN TRAFFICKING COURT OR VETERANS
 TREATMENT COURT SHALL PROMPTLY GIVE NOTICE TO THE DEFENDANT, HIS OR  HER
 COUNSEL AND THE DISTRICT ATTORNEY OF BOTH COUNTIES.
   § 5. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Assembly Bill A8360A

Share this bill

Sponsored By

GALEF