senate Bill S1682

2021-2022 Legislative Session

Relates to a judicial diversion program for certain felony offenders

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


  • 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
Apr 20, 2021 referred to codes
delivered to assembly
passed senate
Mar 10, 2021 advanced to third reading
Mar 09, 2021 2nd report cal.
Mar 08, 2021 1st report cal.506
Jan 14, 2021 referred to alcoholism and substance abuse

Votes

view votes

Mar 8, 2021 - Alcoholism and Substance Abuse committee Vote

S1682
5
0
committee
5
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Alcoholism and Substance Abuse committee vote details

Alcoholism and Substance Abuse Committee Vote: Mar 8, 2021

aye wr (2)

Co-Sponsors

S1682 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§216.00 & 216.05, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7795
2019-2020: S2172

S1682 (ACTIVE) - Summary

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

S1682 (ACTIVE) - Sponsor Memo

S1682 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1682
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 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
 
 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.

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