Relates to the removal of an action from a problem solving court; provides that a "problem solving court" shall include, but not be limited to, drug court, domestic violence court, youth court, mental health court and veterans court.
STATE OF NEW YORK
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S. 3889 A. 5937
2019-2020 Regular Sessions
SENATE - ASSEMBLY
February 20, 2019
___________
IN SENATE -- Introduced by Sen. CARLUCCI -- read twice and ordered
printed, and when printed to be committed to the Committee on Codes
IN ASSEMBLY -- Introduced by M. of A. GALEF -- read once and referred to
the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to a "problem
solving court"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 170.15 of the criminal procedure
2 law, as amended by chapter 67 of the laws of 2000, is amended to read as
3 follows:
4 4. Notwithstanding any provision of this section to the contrary, in
5 any county outside a city having a population of one million or more,
6 upon or after arraignment of a defendant on an information, a simplified
7 information, a prosecutor's information or a misdemeanor complaint pend-
8 ing in a local criminal court, such court may, upon motion of the
9 defendant and [with the consent of the] after giving the district attor-
10 ney an opportunity to be heard, order that the action be removed from
11 the court in which the matter is pending to another local criminal court
12 in the same county which has been designated a [drug] court formed to
13 address a matter of special concern based upon the status of the defend-
14 ant or the victim, commonly known as a "problem solving court," includ-
15 ing, but not limited to, drug court, domestic violence court, youth
16 court, mental health court, and veterans court, by the chief administra-
17 tor of the courts, and such [drug] problem solving court may then
18 conduct such action to [judgement] judgment or other final disposition;
19 provided, however, that an order of removal issued under this subdivi-
20 sion shall not take effect until five days after the date the order is
21 issued unless, prior to such effective date, the [drug] problem solving
22 court notifies the court that issued the order that:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05318-02-9
S. 3889 2 A. 5937
1 (a) it will not accept the action, in which event the order shall not
2 take effect, or
3 (b) it will accept the action on a date prior to such effective date,
4 in which event the order shall take effect upon such prior date.
5 Upon providing notification pursuant to paragraph (a) or (b) of this
6 subdivision, the [drug] problem solving court shall promptly give notice
7 to the defendant, his or her counsel and the district attorney.
8 § 2. This act shall take effect immediately.
