S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2868
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 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.
                                                            LBD01812-01-3
              

 A. 2868                             2
 
 TO  A JUSTICE OR JUDGE ADMITTED TO PRACTICE LAW IN THIS STATE WITH MINI-
 MUM PRACTICABLE DELAY AND BURDEN TO THE PARTIES.
   § 2. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such date.