Legislation

§ 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
treatment 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
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, 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.

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.