Senate Bill S2881A

2021-2022 Legislative Session

Relates to judicial diversion programs; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Alcoholism And Substance Abuse 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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Bill Amendments

co-Sponsors

2021-S2881 - Details

Current Committee:
Senate Alcoholism And Substance Abuse
Law Section:
Criminal Procedure Law
Laws Affected:
Amd Art 216 Art Head, §§216.00, 216.05, 170.15, 180.20 & 230.21, rpld §216.00 sub 1 ¶¶(a) & (b), cl ¶, add §216.10, CP L; amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8687
2023-2024: S1976

2021-S2881 - Summary

Relates to judicial diversion programs; establishes a diversion part in each county.

2021-S2881 - Sponsor Memo

2021-S2881 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2881
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by Sens. RAMOS, SEPULVEDA -- 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 judicial
   diversion programs; and to  repeal  certain  provisions  of  such  law
   relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The article heading of article 216 of the  criminal  proce-
 dure law, as added by section 4 of part AAA of chapter 56 of the laws of
 2009, is amended to read as follows:
          JUDICIAL DIVERSION [PROGRAM FOR CERTAIN FELONY OFFENDERS]
                                 PROGRAMS
   §  2.  The opening paragraph of subdivision 1 of section 216.00 of the
 criminal procedure law, as amended by chapter 90 of the laws of 2014, is
 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 felo-
 ny offense defined in article  one  hundred  seventy-nine,  two  hundred
 twenty or two hundred twenty-one of the penal law or any other specified
 offense  as  defined in subdivision four of section 410.91 of this chap-
 ter, provided, however, a defendant is not an "eligible defendant" if he
 or she:], MISDEMEANOR COMPLAINT OR FELONY COMPLAINT WITH ANY OFFENSE AND
 HAS A FUNCTIONAL IMPAIRMENT.
   § 3. The opening paragraph of subdivision 1 of section 216.00  of  the
 criminal  procedure law, as added by section 4 of part AAA of chapter 56
 of the laws of 2009, is 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 felo-
 ny offense defined in article two hundred twenty or two hundred  twenty-
 one  of  the  penal  law  or  any  other specified offense as defined in

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-S2881A - Details

Current Committee:
Senate Alcoholism And Substance Abuse
Law Section:
Criminal Procedure Law
Laws Affected:
Amd Art 216 Art Head, §§216.00, 216.05, 170.15, 180.20 & 230.21, rpld §216.00 sub 1 ¶¶(a) & (b), cl ¶, add §216.10, CP L; amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8687
2023-2024: S1976

2021-S2881A - Summary

Relates to judicial diversion programs; establishes a diversion part in each county.

2021-S2881A - Sponsor Memo

2021-S2881A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2881--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced by Sens. RAMOS, BIAGGI, MAY, SALAZAR, SEPULVEDA -- 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  commit-
   tee

 AN  ACT  to  amend  the criminal procedure law and the judiciary law, in
   relation  to  judicial  diversion  programs;  and  to  repeal  certain
   provisions of the criminal procedure law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The article heading of article 216 of the  criminal  proce-
 dure law, as added by section 4 of part AAA of chapter 56 of the laws of
 2009, is amended to read as follows:
          JUDICIAL DIVERSION [PROGRAM FOR CERTAIN FELONY OFFENDERS]
                                 PROGRAMS
   §  2.  The opening paragraph of subdivision 1 of section 216.00 of the
 criminal procedure law, as amended by chapter 90 of the laws of 2014, is
 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 felo-
 ny offense defined in article  one  hundred  seventy-nine,  two  hundred
 twenty or two hundred twenty-one of the penal law or any other specified
 offense  as  defined in subdivision four of section 410.91 of this chap-
 ter, provided, however, a defendant is not an "eligible defendant" if he
 or she:], MISDEMEANOR COMPLAINT OR FELONY COMPLAINT WITH ANY OFFENSE AND
 HAS A FUNCTIONAL IMPAIRMENT.
   § 3. The opening paragraph of subdivision 1 of section 216.00  of  the
 criminal  procedure law, as added by section 4 of part AAA of chapter 56
 of the laws of 2009, is 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 felo-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-S2881B (ACTIVE) - Details

Current Committee:
Senate Alcoholism And Substance Abuse
Law Section:
Criminal Procedure Law
Laws Affected:
Amd Art 216 Art Head, §§216.00, 216.05, 170.15, 180.20 & 230.21, rpld §216.00 sub 1 ¶¶(a) & (b), cl ¶, add §216.10, CP L; amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8687
2023-2024: S1976

2021-S2881B (ACTIVE) - Summary

Relates to judicial diversion programs; establishes a diversion part in each county.

2021-S2881B (ACTIVE) - Sponsor Memo

2021-S2881B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2881--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sens. RAMOS, BIAGGI, BRISPORT, GIANARIS, HARCKHAM, HOYL-
   MAN, JACKSON, MAY, MYRIE, RIVERA, SALAZAR, SEPULVEDA -- 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  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the criminal procedure law and  the  judiciary  law,  in
   relation  to  judicial  diversion  programs;  and  to  repeal  certain
   provisions of the criminal procedure law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The article heading of article 216 of the criminal proce-
 dure law, as added by section 4 of part AAA of chapter 56 of the laws of
 2009, is amended to read as follows:
          JUDICIAL DIVERSION [PROGRAM FOR CERTAIN FELONY OFFENDERS]
                                 PROGRAMS
   § 2. The opening paragraph of subdivision 1 of section 216.00  of  the
 criminal  procedure  law,  as amended by section 1 of chapter 435 of the
 laws of 2021, is 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 felo-
 ny offense defined in article  one  hundred  seventy-nine,  two  hundred
 twenty or two hundred 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 felony 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 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06635-06-1
              

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