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A09061 Summary:

BILL NOA09061
 
SAME ASSAME AS S07163
 
SPONSORWeprin
 
COSPNSRBlake
 
MLTSPNSR
 
Amd 500-a & 500-c, Cor L (as proposed in S.5593 & A.7647)
 
Permits the detention of individuals who are eighteen years of age or older in a county jail pending a first court appearance in an off-hours arraignment part.
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A09061 Actions:

BILL NOA09061
 
01/13/2020referred to correction
01/28/2020reported
01/30/2020advanced to third reading cal.381
02/04/2020passed assembly
02/04/2020delivered to senate
02/04/2020REFERRED TO RULES
02/05/2020SUBSTITUTED FOR S7163
02/05/20203RD READING CAL.87
02/05/2020PASSED SENATE
02/05/2020RETURNED TO ASSEMBLY
04/17/2020delivered to governor
04/17/2020signed chap.36
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A09061 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9061
 
SPONSOR: Weprin
  TITLE OF BILL: An act to amend the correction law, in relation to the detention of individuals in a county jail pending a first court appearance in an off-hours arraignment part   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to amend Chapter 665 of 2019.   SUMMARY OF SPECIFIC PROVISIONS: Section one adds a new subdivision 2-t to § 500-a of Correction Law, to authorize a county jail to be used for pre-arraignment detention when persons who are eighteen years of age or older are under arrest being held for arraignment in the off-hours arraignment part established by the Chief Administrative Judge. Section two adds a new subdivision 26 to § 500-c of Correction Law, providing that the obligations of the sheriff to pre-arraignment prison- ers are the same as to any other prisoner committed to the custody of the sheriff. Section 3 provides an effective date.   JUSTIFICATION: Chapter 665 of 2019 amended the Correction Law to authorize the pre-arr- aignment detention of arrested individuals in a county facility, when done as part of a plan for an off-hours arraignment part established by the Chief Administrative Judge. This Chapter Amendment amends the Correction Law to authorize the pre- arraignment detention of arrested individuals who are eighteen years of age or older in a county jail facility.   PRIOR LEGISLATIVE HISTORY: None. New Proposal.   EFFECTIVE DATE: Immediately.
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A09061 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9061
 
                   IN ASSEMBLY
 
                                    January 13, 2020
                                       ___________
 
        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Correction
 
        AN  ACT  to  amend  the  correction law, in relation to the detention of
          individuals in a county jail pending a first court  appearance  in  an
          off-hours arraignment part
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2-t of section 500-a of the correction law,  as
     2  added  by  a chapter of the laws of 2019, amending the correction law in
     3  relation to the detention of individuals in  a  county  jail  pending  a
     4  first  court appearance in an off-hours arraignment part, as proposed in
     5  legislative bills numbers S. 5593 and A. 7647, is  amended  to  read  as
     6  follows:
     7    2-t.  Notwithstanding  any  other  provision  of  law, where the chief
     8  administrator of the courts establishes an off-hours arraignment part in
     9  a county in accordance with paragraph (w)  of subdivision one of section
    10  two hundred twelve of the judiciary law, the county correctional facili-
    11  ty may be used for the detention of persons who are  eighteen  years  of
    12  age or older under arrest being held for arraignment in such part.
    13    §  2.  Subdivision 26 of section 500-c of the correction law, as added
    14  by a chapter of the  laws  of  2019,  amending  the  correction  law  in
    15  relation  to  the  detention  of  individuals in a county jail pending a
    16  first court appearance in an off-hours arraignment part, as proposed  in
    17  legislative  bills  numbers  S.  5593 and A. 7647, is amended to read as
    18  follows:
    19    26. Notwithstanding any other provision of law, where the chief admin-
    20  istrator of the courts establishes an off-hours arraignment  part  in  a
    21  county  in  accordance with paragraph (w)  of subdivision one of section
    22  two hundred twelve of the judiciary law,  all  the  provisions  of  this
    23  section  shall  equally apply in any case where the sheriff is holding a
    24  person who is eighteen years of  age  or  older  and  under  arrest  for
    25  arraignment  prior  to commitment, as if such person had been judicially
    26  committed to the custody of the sheriff and such person may be  held  in
    27  such county correctional facility.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09688-02-0

        A. 9061                             2
 
     1    §  3.  This  act  shall  take  effect on the same date and in the same
     2  manner as a chapter of the laws of 2019, amending the correction law  in
     3  relation  to  the  detention  of  individuals in a county jail pending a
     4  first court appearance in an off-hours arraignment part, as proposed  in
     5  legislative  bills  numbers  S. 5593 and A. 7647, takes effect; provided
     6  however, that the amendments to section 500-c of the correction law made
     7  by section two of this act shall not affect the repeal of  such  section
     8  and shall be deemed to repeal therewith.
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