Assembly Bill A5937

Signed By Governor
2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S3889 - 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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2019-A5937 (ACTIVE) - Details

See Senate Version of this Bill:
S3889
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §170.15, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9833, S6595
2017-2018: A10072, S3039

2019-A5937 (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.

2019-A5937 (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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