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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2020 print number 2172b
Jan 23, 2020 amend and recommit to alcoholism and substance abuse
Jan 08, 2020 referred to alcoholism and substance abuse
Feb 11, 2019 reported and committed to rules
Feb 07, 2019 print number 2172a
Feb 07, 2019 amend and recommit to alcoholism and substance abuse
Jan 23, 2019 referred to alcoholism and substance abuse

Votes

view votes

Feb 11, 2019 - Alcoholism and Substance Abuse committee Vote

S2172A
4
2
committee
4
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 11, 2019

nay (2)
aye wr (1)

Co-Sponsors

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

S2172 - Summary

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

S2172 - Sponsor Memo

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

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

S2172A - Summary

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

S2172A - Sponsor Memo

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

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

S2172B (ACTIVE) - Summary

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

S2172B (ACTIVE) - Sponsor Memo

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.

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