senate Bill S7228

2021-2022 Legislative Session

Relates to a judicial diversion program for certain felony offenders

download bill text pdf

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Current Bill Status - 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
referred to codes
delivered to assembly
passed senate
Jun 09, 2021 ordered to third reading cal.1721
Jun 07, 2021 referred to rules

S7228 (ACTIVE) - Details

See Assembly Version of this Bill:
A5511
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

S7228 (ACTIVE) - Summary

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

S7228 (ACTIVE) - Sponsor Memo

S7228 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7228
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 7, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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:
   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
 credentialed  by the office of [alcoholism and substance abuse services]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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