Authorizes the chief administrator of the courts to require and provide at least three hours of annual training regarding bail, recognizance, and commitment procedures and standards for all judges exercising preliminary jurisdiction over any offense.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4899
SPONSOR: Dinowitz
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to authorizing
the chief administrator of the courts to require and provide at least
three hours of annual training regarding bail, recognizance, and commit-
ment procedures and standards
 
PURPOSE:
To ensure judges and justices exercising jurisdiction over criminal
pre-trial proceedings are adequately trained in the law and updated on
relevant statutory changes.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill adds subdivision 1-a to § 10.40 of the criminal
procedure law to provide the chief administrator of the courts the power
and responsibility to provide three hours of annual training on bail,
recognizance, and commitment procedures and standards for all judges
exercising preliminary jurisdiction over any offense.
Section two of the bill adds subdivision 2 to § 10.40 of the criminal
procedure law with the identical language in section one of the bill to
make it not subject to expiration and reversion.
Section three of the bill provides the effective date.
 
JUSTIFICATION:
New York's criminal justice laws have gone through several significant
changes in recent years, but there has been no statewide requirement
that criminal court judges train and educate themselves about the chang-
es in the law. This legislation will ensure that all judges exercising
preliminary jurisdiction over criminal cases have adequate training to
make decisions about bail, remand, and release on recognizance in
accordance with the current law.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
First of January next succeeding the date on which it shall have become
a law.
STATE OF NEW YORK
________________________________________________________________________
4899
2023-2024 Regular Sessions
IN ASSEMBLY
February 24, 2023
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to authorizing
the chief administrator of the courts to require and provide at least
three hours of annual training regarding bail, recognizance, and
commitment procedures and standards
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The section heading of section 10.40 of the criminal proce-
2 dure law, as amended by chapter 237 of the laws of 2015, is amended and
3 new subdivision 1-a is added to read as follows:
4 Chief administrator to prescribe forms, to require training and to
5 authorize use of electronic filing.
6 1-a. The chief administrator of the courts shall have the power and
7 responsibility to require and provide at least three hours of annual
8 training regarding bail, recognizance, and commitment procedures and
9 standards for all judges exercising preliminary jurisdiction over any
10 offense. Such training shall include a thorough explanation of relevant
11 and recent statutory changes to this chapter.
12 § 2. Section 10.40 of the criminal procedure law, as amended by chap-
13 ter 102 of the laws of 2020, is amended to read as follows:
14 § 10.40 Chief administrator to prescribe forms and to require training.
15 1. The chief administrator of the courts shall have the power to
16 adopt, amend and rescind forms for the efficient and just administration
17 of this chapter. Such forms shall include, without limitation, the forms
18 described in paragraph (z-1) of subdivision two of section two hundred
19 twelve of the judiciary law. A failure by any party to submit papers in
20 compliance with forms authorized by this section shall not be grounds
21 for that reason alone for denial or granting of any motion.
22 2. The chief administrator of the courts shall have the power and
23 responsibility to require and provide at least three hours of annual
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08928-01-3
A. 4899 2
1 training regarding bail, recognizance, and commitment procedures and
2 standards for all judges exercising preliminary jurisdiction over any
3 offense. Such training shall include a thorough explanation of relevant
4 and recent statutory changes to this chapter.
5 § 3. This act shall take effect on the first of January next succeed-
6 ing the date on which it shall have become a law; provided however, that
7 the amendments to section 10.40 of the criminal procedure law made by
8 section one of this act shall be subject to the expiration and reversion
9 of such section pursuant to section 11 of chapter 237 of the laws of
10 2015, as amended, when upon such date the provisions of section two of
11 this act shall take effect.