senate Bill S3889

2019-2020 Legislative Session

Relates to the removal of an action from a problem solving court

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Current Bill Status - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 15, 2019 returned to senate
passed assembly
May 07, 2019 ordered to third reading cal.253
substituted for a5937
Mar 27, 2019 referred to codes
delivered to assembly
passed senate
Mar 26, 2019 ordered to third reading cal.349
committee discharged and committed to rules
Feb 20, 2019 referred to codes

S3889 (ACTIVE) - Details

See Assembly Version of this Bill:
A5937
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §170.15, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6595, A9833
2017-2018: S3039, A10072

S3889 (ACTIVE) - Summary

Relates to the removal of an action from a problem solving court; provides that a "problem solving court" shall include, but not be limited to, drug court, domestic violence court, youth court, mental health court and veterans court.

S3889 (ACTIVE) - Sponsor Memo

S3889 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 3889                                                  A. 5937

                       2019-2020 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 20, 2019
                               ___________

IN  SENATE  --  Introduced  by  Sen.  CARLUCCI -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes

IN ASSEMBLY -- Introduced by M. of A. GALEF -- read once and referred to
  the Committee on Codes

AN ACT to amend the criminal procedure law, in relation  to  a  "problem
  solving court"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 170.15 of the  criminal  procedure
law, as amended by chapter 67 of the laws of 2000, is amended to read as
follows:
  4.  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 [with the consent of the] AFTER GIVING THE district attor-
ney 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 which has been designated a [drug] court FORMED TO
ADDRESS A MATTER OF SPECIAL CONCERN BASED UPON THE STATUS OF THE DEFEND-
ANT OR THE VICTIM, COMMONLY KNOWN AS A "PROBLEM SOLVING COURT,"  INCLUD-
ING,  BUT  NOT  LIMITED  TO,  DRUG COURT, DOMESTIC VIOLENCE COURT, YOUTH
COURT, MENTAL HEALTH COURT, AND VETERANS COURT, by the chief administra-
tor of the courts, and  such  [drug]  PROBLEM  SOLVING  court  may  then
conduct  such action to [judgement] JUDGMENT or other final disposition;
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 [drug] PROBLEM  SOLVING
court notifies the court that issued the order that:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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