Do you support this bill?

Senate Bill S8762

2025-2026 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

2025-S8762 (ACTIVE) - Details

See Assembly Version of this Bill:
A9494
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §230.21, CP L (as proposed in S.8312 & A.7563)

2025-S8762 (ACTIVE) - Summary

Allows the removal of criminal actions to a mental health court in an adjoining county and provides for the reversion to the original court of record where the defendant fails to comply with or complete the mental health court program.

2025-S8762 (ACTIVE) - Sponsor Memo

2025-S8762 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8762
 
                             I N  S E N A T E
 
                              January 8, 2026
                                ___________
 
 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 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.