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This entry was published on 2021-05-07
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SECTION 230.21
Removal of action to certain courts in an adjoining county
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 230
§ 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 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 or veterans treatment
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 or
veterans treatment 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 or veterans
treatment court shall promptly give notice to the defendant, his or her
counsel and the district attorney of both counties.