Assembly Bill A9494

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9494
 
                           I N  A S S E M B L Y
 
                              January 7, 2026
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to amend the criminal procedure law, in relation to the removal
   of actions to certain courts in an adjoining county
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 230.21 of the criminal procedure law, as amended by
 a chapter of the laws of 2025 amending the criminal procedure law relat-
 ing  to the removal of actions to certain courts in an adjoining county,
 as proposed in legislative bills numbers S. 8312 and A. 7563, is amended
 to read as follows:
 § 230.21 Removal of action to certain courts in an adjoining county.
   1. In any county outside a city having a population of one million  or
 more,  the  court  may, upon motion of the defendant and with consent of
 the district attorney and the district attorney of the adjoining  county
 that has a superior court designated a human trafficking court, veterans
 treatment  court,  or  mental health court by the chief administrator of
 the courts, order that the indictment and action  be  removed  from  the
 court  in  which  the matter is pending to such human trafficking court,
 veterans treatment court, or mental health court, whereupon  such  court
 may  then  conduct  such  action to judgment or other final disposition;
 provided, however, that no court may order removal to a veterans  treat-
 ment  court  of  a family offense charge described in subdivision one of
 section 530.11 of this  chapter  pursuant  to  this  section  where  the
 accused  and the person alleged to be the victim of such offense charged
 are members of the same family or household as defined in such  subdivi-
 sion  one  of  section  530.11;  [and] provided further that an order of
 removal issued under this subdivision shall not take effect  until  five
 days  after the date the order is issued unless, prior to such effective
 date, the human trafficking court, veterans treatment court,  or  mental
 health court notifies the court that issued the order that:  (a) it will
 not  accept  the action, in which event the order shall not take effect,
 or (b) it will accept the action on a date prior to such effective date,
 in which event the order shall take effect upon  such  prior  date;  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11230-02-6
 A. 9494                             2
 
 PROVIDED  FURTHER THAT, FOR MENTAL HEALTH COURT TRANSFERS, THE RECEIVING
 COURT SHALL COORDINATE WITH THE LOCAL GOVERNMENTAL UNIT, AS THE TERM  IS
 DEFINED  IN  SECTION 41.03 OF THE MENTAL HYGIENE LAW, OF THE DEFENDANT'S
 COUNTY OF RESIDENCE FOR THE PLANNING AND DELIVERY OF TREATMENT SERVICES.
   2.  Upon  providing  notification  pursuant to paragraph (a) or (b) of
 subdivision one of this section, the human trafficking  court,  veterans
 treatment  court,  or  mental health court shall promptly give notice to
 the defendant, the defendant's counsel and the district attorney of both
 counties.
   3. IN THE EVENT THE DEFENDANT FAILS TO COMPLY  WITH  OR  COMPLETE  THE
 MENTAL HEALTH COURT PROGRAM, JURISDICTION AND RESPONSIBILITY FOR FURTHER
 PROCEEDINGS SHALL REVERT TO THE ORIGINAL COURT OF RECORD.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2025 amending the criminal  procedure
 law relating to the removal of actions to certain courts in an adjoining
 county,  as  proposed  in legislative bills numbers S. 8312 and A. 7563,
 takes effect.