assembly Bill A5511A

2021-2022 Legislative Session

Relates to a judicial diversion program for certain felony offenders

download bill text pdf

Sponsored By

Current Bill Status Via S7228 - 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 (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2021 returned to senate
passed assembly
ordered to third reading cal.150
substituted for a5511a
Jun 10, 2021 substituted by s7228
Jun 07, 2021 amended on third reading 5511a
Mar 04, 2021 advanced to third reading cal.150
Mar 01, 2021 reported
Feb 19, 2021 referred to codes

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A5511 - Details

See Senate Version of this Bill:
S7228
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§216.00 & 216.05, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A4237
2019-2020: A1510

A5511 - Summary

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

A5511 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5511
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  RICHARDSON,  L. ROSENTHAL, HYNDMAN, EPSTEIN,
   SAYEGH, SIMON, BARRON, GOTTFRIED, WEPRIN, CRUZ --  Multi-Sponsored  by
   -- M. of A. PERRY -- read once and referred to the Committee on Codes
 
 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

view additional co-sponsors

Multi-Sponsors

A5511A (ACTIVE) - Details

See Senate Version of this Bill:
S7228
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§216.00 & 216.05, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A4237
2019-2020: A1510

A5511A (ACTIVE) - Summary

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

A5511A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5511--A
                                                         Cal. No. 150
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  RICHARDSON,  L. ROSENTHAL, HYNDMAN, EPSTEIN,
   SAYEGH, SIMON, BARRON,  GOTTFRIED,  WEPRIN,  CRUZ,  JACKSON,  SEPTIMO,
   FORREST,  FERNANDEZ,  GONZALEZ-ROJAS -- Multi-Sponsored by -- M. of A.
   PERRY -- read once and referred to the Committee on Codes --  reported
   from  committee,  advanced  to  a  third  reading, amended and ordered
   reprinted, retaining its place on the order of third reading
 
 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]  TWENTY-TWO  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 FELO-
 NY OFFENSE DEFINED IN ARTICLE  ONE  HUNDRED  SEVENTY-NINE,  TWO  HUNDRED
 TWENTY OR TWO HUNDRED TWENTY-TWO OF THE PENAL LAW, AUTO STRIPPING IN THE
 SECOND DEGREE AS DEFINED IN SECTION 165.10 OF THE PENAL LAW, AUTO STRIP-
 PING  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.