Assembly Bill A4292

2021-2022 Legislative Session

Relates to the right of defendants in misdemeanor or felony cases to have such matter appear before a judge or justice admitted to practice law in New York

download bill text pdf

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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

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2021-A4292 (ACTIVE) - Details

See Senate Version of this Bill:
S426
Current Committee:
Assembly Judiciary
Law Section:
Uniform Justice Court Act
Laws Affected:
Add §105-a, UJCA
Versions Introduced in Other Legislative Sessions:
2017-2018: A9598
2019-2020: A8791, S7058
2023-2024: A2868, S5398

2021-A4292 (ACTIVE) - Summary

Relates to the right of defendants in misdemeanor or felony cases to have such matter appear before a judge or justice admitted to practice law in New York; creates an automatic right to have a case reassigned to an attorney judge.

2021-A4292 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4292
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the uniform justice court act, in relation to the  right
   of  defendants  in  misdemeanor  or  felony  cases to have such matter
   appear before a judge or justice admitted to practice law in New York

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  uniform justice court act is amended by adding a new
 section 105-a to read as follows:
 § 105-A. ELECTION TO PROCEED IN CERTAIN CRIMINAL ACTIONS.
   A. A DEFENDANT APPEARING IN A JUSTICE COURT PURSUANT TO AN  ACCUSATORY
 INSTRUMENT  THAT CHARGES A MISDEMEANOR OR FELONY MAY ELECT TO PROCEED IN
 SUCH MATTER ONLY BEFORE A JUSTICE OR JUDGE ADMITTED TO PRACTICE  LAW  IN
 THIS  STATE.  SUCH  ELECTION  SHALL  BE  BY WRITTEN INSTRUMENT IN A FORM
 PRESCRIBED BY THE CHIEF ADMINISTRATOR OF THE COURTS AND SHALL  BE  FILED
 WITH SUCH COURT NOT LATER THAN THE COMPLETION OF THE FIRST APPEARANCE AT
 WHICH EITHER THE DEFENDANT MAKES A MOTION OR SUCH COURT DECIDES A MOTION
 MADE  BY  THE  PROSECUTOR, OTHER THAN A MOTION IN RELATION TO ANY MATTER
 SPECIFIED IN SUBDIVISION B OF THIS SECTION.
   B. NOTWITHSTANDING AN ELECTION  PURSUANT  TO  SUBDIVISION  A  OF  THIS
 SECTION,  A  JUSTICE OR JUDGE NOT ADMITTED TO PRACTICE LAW IN THIS STATE
 MAY ARRAIGN THE DEFENDANT, ENTER A PLEA, VACATE A PLEA ENTERED  BY  SUCH
 JUSTICE  OR JUDGE, ISSUE OR MODIFY A SECURING ORDER, FIX OR MODIFY BAIL,
 ASSIGN COUNSEL, CONDUCT A PROCEEDING PURSUANT  TO  ARTICLE  ONE  HUNDRED
 SEVENTY  OR  ONE  HUNDRED  EIGHTY OF THE CRIMINAL PROCEDURE LAW, ISSUE A
 TEMPORARY ORDER OF PROTECTION, OR  SUSPEND  A  LICENSE  OR  REGISTRATION
 PURSUANT TO ARTICLE TWENTY OF THE VEHICLE AND TRAFFIC LAW.
   C.  THE  CHIEF  ADMINISTRATOR SHALL PROMULGATE RULES TO EFFECTUATE THE
 PROVISIONS OF THIS SECTION. SUCH RULES SHALL ENSURE THAT DEFENDANTS  ARE
 TIMELY  ADVISED OF THE RIGHT OF ELECTION ESTABLISHED IN THIS SECTION AND
 THAT EACH CASE IN WHICH A DEFENDANT MAKES SUCH AN ELECTION  IS  ASSIGNED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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