Senate Bill S2172B

2019-2020 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 Substance Abuse 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

Do you support this bill?

Please enter your contact information

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
Votes

Bill Amendments

co-Sponsors

2019-S2172 - Details

See Assembly Version of this Bill:
A1510
Current Committee:
Senate Alcoholism And Substance Abuse
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§216.00 & 216.05, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7795, A4237
2021-2022: S1682, A5511

2019-S2172 - Summary

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

2019-S2172 - Sponsor Memo

2019-S2172 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2172
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Alcoholism  and  Substance
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2019-S2172A - Details

See Assembly Version of this Bill:
A1510
Current Committee:
Senate Alcoholism And Substance Abuse
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§216.00 & 216.05, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7795, A4237
2021-2022: S1682, A5511

2019-S2172A - Summary

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

2019-S2172A - Sponsor Memo

2019-S2172A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2172--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced by Sens. BAILEY, MYRIE -- read twice and ordered printed, and
   when  printed  to  be  committed  to  the  Committee on Alcoholism and
   Substance  Abuse  --  committee  discharged,  bill  amended,   ordered
   reprinted as amended and recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2019-S2172B (ACTIVE) - Details

See Assembly Version of this Bill:
A1510
Current Committee:
Senate Alcoholism And Substance Abuse
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§216.00 & 216.05, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7795, A4237
2021-2022: S1682, A5511

2019-S2172B (ACTIVE) - Summary

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

2019-S2172B (ACTIVE) - Sponsor Memo

2019-S2172B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2172--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced  by  Sens.  BAILEY,  MYRIE,  RIVERA -- read twice and ordered
   printed, and when printed to be committed to the Committee on Alcohol-
   ism and Substance Abuse -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee --  recommitted
   to  the Committee on Alcoholism and Substance Abuse in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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.