Senate Bill S8312

2025-2026 Legislative Session

Relates to the removal of actions to certain courts in an adjoining county

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Sponsored By

Current Bill Status - In Senate Committee Rules 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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2025-S8312 (ACTIVE) - Details

See Assembly Version of this Bill:
A7563
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §230.21, CP L

2025-S8312 (ACTIVE) - Summary

Allows the removal of criminal actions to a mental health court in an adjoining county.

2025-S8312 (ACTIVE) - Sponsor Memo

2025-S8312 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8312
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               June 2, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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  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  added  by
 chapter 91 of the laws of 2021, 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  [or],
 veterans  treatment  court, OR MENTAL HEALTH COURT by the chief adminis-
 trator 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 [or], 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  treatment court of a family offense charge described in subdi-
 vision 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 subdivision 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 [or], 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11230-01-5

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