STATE OF NEW YORK
________________________________________________________________________
S. 6957 A. 8804
2017-2018 Regular Sessions
SENATE - ASSEMBLY
November 27, 2017
___________
IN SENATE -- Introduced by Sen. CARLUCCI -- read twice and ordered
printed, and when printed to be committed to the Committee on Rules
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 district attorney, order that the
10 action be removed from the court in which the matter is pending to
11 another local criminal court in the same county which has been desig-
12 nated a [drug] court formed to address a matter of special concern based
13 upon the status of the defendant or the victim, commonly known as a
14 "problem solving court," and limited to, drug court and domestic
15 violence court, by the chief administrator of the courts, and such
16 [drug] problem solving court may then conduct such action to [judgement]
17 judgment or other final disposition; provided, however, that an order of
18 removal issued under this subdivision shall not take effect until five
19 days after the date the order is issued unless, prior to such effective
20 date, the [drug] problem solving court notifies the court that issued
21 the order that:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13793-01-7
S. 6957 2 A. 8804
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.