New York State Assembly

 
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A05719 Summary:

A05719 Actions:

A05719 Committee Votes:

Committee:JUDICIARY   Chair:Lavine      
DATE:03/15/2021AYE/NAY:21/0  Action: Favorable refer to committee Codes        
Lavine
Aye
Montesano
Aye
Zebrowski
Aye
Norris
Aye
Weprin
Aye
Walsh
Aye
Braunstein
Aye
Byrnes
Aye
Quart
Aye
Brown
Aye
Steck
Aye
Tannousis
Aye
Seawright
Aye
Joyner
Aye
Abinanti
Aye
Wallace
Aye
Walker
Aye
Cruz
Aye
McMahon
Aye
Mitaynes
Aye
Rajkumar
Aye

Committee:CODES   Chair:Dinowitz      
DATE:03/15/2021AYE/NAY:22/0  Action: Favorable refer to committee Ways and Means        
Dinowitz
Aye
Morinello
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Montesano
Aye
Cymbrowitz
Aye
Reilly
Aye
O'Donnell
Aye
Mikulin
Aye
Lavine
Aye
Tannousis
Aye
Perry
Aye
Abinanti
Aye
Weprin
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:03/15/2021AYE/NAY:34/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Aye
Nolan
Excused
Hawley
Aye
Pretlow
Aye
Montesano
Aye
Perry
Aye
Blankenbush
Aye
Colton
Aye
Norris
Aye
Cook
Aye
Brabenec
Aye
Cahill
Aye
Palmesano
Aye
Aubry
Aye
Byrne
Aye
Cusick
Aye
Ashby
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye

Committee:RULES   Chair:Gottfried      
DATE:03/15/2021AYE/NAY:26/0  Action: Favorable         
Heastie
Excused
Barclay
Excused
Gottfried
Aye
Hawley
Aye
Nolan
Excused
Giglio
Aye
Weinstein
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Montesano
Aye
Glick
Aye
Ra
Aye
Aubry
Aye
Brabenec
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Excused
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Excused

A05719 Floor Votes:

A05719 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5719--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 24, 2021
                                       ___________
 
        Introduced  by  M.  of A. GALEF, STIRPE, HUNTER, McDONOUGH, MANKTELOW --
          read once and referred to the  Committee  on  Judiciary  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT to amend the judiciary law, in relation to authorizing the chief
          administrator of the courts to establish  veterans  treatment  courts;
          and to amend the criminal procedure law, in relation to the removal of
          certain actions to veterans treatment courts
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of  section  212  of  the  judiciary  law  is
     2  amended by adding a new paragraph (bb) to read as follows:
     3    (bb)  To  the  extent  practicable,  establish such number of veterans
     4  treatment courts as may be necessary to fulfill the purposes of subdivi-
     5  sion five of section 170.15, subdivision four of section 180.20, section
     6  230.11 and section 230.21 of the criminal procedure law.
     7    § 2. Subdivision 5 of section 170.15 of the criminal procedure law, as
     8  added by chapter 191 of the laws of 2018, is amended to read as follows:
     9    5. (a) Notwithstanding any provision of this section to the  contrary,
    10  in any county outside a city having a population of one million or more,
    11  upon or after arraignment of a defendant on an information, a simplified
    12  information, a prosecutor's information or a misdemeanor complaint pend-
    13  ing  in  a  local  criminal  court,  such  court may, upon motion of the
    14  defendant and after giving the district attorney an  opportunity  to  be
    15  heard,  order  that  the  action  be removed from the court in which the
    16  matter is pending to another local criminal court in the same county, or
    17  with consent of the district attorney and the district attorney  of  the
    18  adjoining  county  to  another court in [an] such adjoining county, that
    19  has been designated as a human trafficking court or  veterans  treatment
    20  court by the chief administrator of the courts, and such human traffick-
    21  ing  court  or  veterans treatment court may then conduct such action to
    22  [judgement] judgment or other final deposition; provided, however,  that
    23  no  court  may  order removal pursuant to this subdivision to a veterans
    24  treatment court of a family offense charge described in subdivision  one
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02732-09-1
        A. 5719--A                          2

     1  of  section  530.11  of  this  chapter  where the accused and the person
     2  alleged to be the victim of such offense charged are members of the same
     3  family or household as  defined  in  such  subdivision  one  of  section
     4  530.11;  and provided further that an order of removal issued under this
     5  subdivision shall not take effect until five days  after  the  date  the
     6  order  is  issued  unless, prior to such effective date, the human traf-
     7  ficking court or veterans treatment court notifies the court that issued
     8  the order that:
     9    i. it will not accept the action, in which event the order  shall  not
    10  take effect; or
    11    ii.  it will accept the action on a date prior to such effective date,
    12  in which event the order shall take effect upon such prior date.
    13    (b) Upon providing notification pursuant to subparagraph i  or  ii  of
    14  paragraph (a) of this subdivision, the human trafficking court or veter-
    15  ans  treatment court shall promptly give notice to the defendant, his or
    16  her counsel, and the district attorney.
    17    § 3. Subdivision 4 of section 180.20 of the criminal procedure law, as
    18  added by chapter 191 of the laws of 2018, is amended to read as follows:
    19    4. (a) Notwithstanding any provision of this section to the  contrary,
    20  in any county outside a city having a population of one million or more,
    21  upon  or  after arraignment of a defendant on a felony complaint pending
    22  in a local criminal court having preliminary jurisdiction thereof,  such
    23  court  may,  upon  motion of the defendant and after giving the district
    24  attorney an opportunity to be heard, order that the  action  be  removed
    25  from  the court in which the matter is pending to another local criminal
    26  court in the same county, or with consent of the district  attorney  and
    27  the  district  attorney of the adjoining county to another court in [an]
    28  such adjoining county, that has been designated as a  human  trafficking
    29  court  or  veterans  treatment  court  by the chief administrator of the
    30  courts, and such human trafficking court or veterans treatment court may
    31  then conduct  such  action  to  judgment  or  other  final  disposition;
    32  provided,  however,  that  no  court  may order removal pursuant to this
    33  subdivision to a veterans treatment court of  a  family  offense  charge
    34  described in subdivision one of section 530.11 of this chapter where the
    35  accused  and the person alleged to be the victim of such offense charged
    36  are members of the same family or household as defined in such  subdivi-
    37  sion  one  of  section  530.11; and provided further an order of removal
    38  issued under this subdivision shall not  take  effect  until  five  days
    39  after the date the order is issued unless, prior to such effective date,
    40  the  human  trafficking  court  or veterans treatment court notifies the
    41  court that issued the order that:
    42    i. it will not accept the action, in which event the order  shall  not
    43  take effect; or
    44    ii.  it will accept the action on a date prior to such effective date,
    45  in which event the order shall take effect upon such prior date.
    46    (b) Upon providing notification pursuant to subparagraph i  or  ii  of
    47  paragraph (a) of this subdivision, the human trafficking court or veter-
    48  ans  treatment court shall promptly give notice to the defendant, his or
    49  her counsel and the district attorney.
    50    § 4. The criminal procedure law is amended by  adding  a  new  section
    51  230.11 to read as follows:
    52  § 230.11 Removal of action to certain courts within a county.
    53    1.  In any county outside a city having a population of one million or
    54  more, upon or after arraignment of a defendant on an indictment  pending
    55  in  a  superior  court having jurisdiction thereof, such court may, upon
    56  motion of the defendant and after giving the district attorney an oppor-
        A. 5719--A                          3
 
     1  tunity to be heard, order that the action be removed from the  court  in
     2  which the matter is pending to another court in the same county that has
     3  been designated as a human trafficking court or veterans treatment court
     4  by  the  chief  administrator  of the courts, and such human trafficking
     5  court or veterans treatment court may then conduct such action to  judg-
     6  ment  or  other  final disposition; provided, however, that no court may
     7  order removal pursuant to this section to a veterans treatment court  of
     8  a  family  offense charge described in subdivision one of section 530.11
     9  of this chapter where the accused and  the  person  alleged  to  be  the
    10  victim  of such offense charged are members of the same family or house-
    11  hold as defined in such subdivision one of section 530.11; and  provided
    12  further that an order of removal issued under this subdivision shall not
    13  take  effect  until five days after the date the order is issued unless,
    14  prior to such effective date, the human trafficking  court  or  veterans
    15  treatment court notifies the court that issued the order that:
    16    (a)  it will not accept the action, in which event the order shall not
    17  take effect; or
    18    (b) it will accept the action on a date prior to such effective  date,
    19  in which event the order shall take effect upon such prior date.
    20    2.  Upon  providing  notification  pursuant to paragraph (a) or (b) of
    21  subdivision one of this section, the human trafficking court or veterans
    22  treatment court shall promptly give notice to the defendant, his or  her
    23  counsel and the district attorney.
    24    §  5.  The  criminal  procedure law is amended by adding a new section
    25  230.21 to read as follows:
    26  § 230.21 Removal of action to certain courts in an adjoining county.
    27    1. In any county outside a city having a population of one million  or
    28  more,  the  court  may, upon motion of the defendant and with consent of
    29  the district attorney and the district attorney of the adjoining  county
    30  that has a superior court designated a human trafficking court or veter-
    31  ans treatment court by the chief administrator of the courts, order that
    32  the  indictment and action be removed from the court in which the matter
    33  is pending to such human trafficking court or veterans treatment  court,
    34  whereupon  such  court may then conduct such action to judgment or other
    35  final disposition; provided, however, that no court may order removal to
    36  a veterans treatment court of  a  family  offense  charge  described  in
    37  subdivision  one  of  section  530.11  of  this chapter pursuant to this
    38  section where the accused and the person alleged to  be  the  victim  of
    39  such  offense  charged  are  members  of the same family or household as
    40  defined in such subdivision one of section 530.11; and provided  further
    41  that  an  order  of removal issued under this subdivision shall not take
    42  effect until five days after the date the order is issued unless,  prior
    43  to  such  effective date, the human trafficking court or veterans treat-
    44  ment court notifies the court that issued the order that:
    45    (a) it will not accept the action, in which event the order shall  not
    46  take effect, or
    47    (b)  it will accept the action on a date prior to such effective date,
    48  in which event the order shall take effect upon such prior date.
    49    2. Upon providing notification pursuant to paragraph  (a)  or  (b)  of
    50  subdivision one of this section, the human trafficking court or veterans
    51  treatment  court shall promptly give notice to the defendant, his or her
    52  counsel and the district attorney of both counties.
    53    § 6. This act shall take effect on the thirtieth day  after  it  shall
    54  have become a law.