Relates to human trafficking courts; authorizes transfer of cases after arraignment, by order or with consent of the DA, to another local criminal court or a designated human trafficking court.
STATE OF NEW YORK
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9870
IN ASSEMBLY
February 15, 2018
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Introduced by M. of A. PAULIN, DINOWITZ, JOYNER, BARRON, BLAKE, D'URSO,
GALEF, GOTTFRIED, JAFFEE, PICHARDO, L. ROSENTHAL, WILLIAMS, MONTESANO,
CROUCH, DiPIETRO, PALMESANO, RAIA -- Multi-Sponsored by -- M. of A.
ENGLEBRIGHT, GIGLIO, LUPARDO, SIMON -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law and the judiciary law, in
relation to human trafficking courts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 170.15 of the criminal procedure law is amended by
2 adding a new subdivision 5 to read as follows:
3 5. (a) Notwithstanding any provision of this section to the contrary,
4 in any county outside a city having a population of one million or more,
5 upon or after arraignment of a defendant on an information, a simplified
6 information, a prosecutor's information or a misdemeanor complaint pend-
7 ing in a local criminal court, such court may, upon motion of the
8 defendant and after giving the district attorney an opportunity to be
9 heard, order that the action be removed from the court in which the
10 matter is pending to another local criminal court in the same county, or
11 with consent of the district attorney to another court in an adjoining
12 county, that has been designated as a human trafficking court by the
13 chief administrator of the courts, and such human trafficking court may
14 then conduct such action to judgement or other final deposition;
15 provided, however, that an order of removal issued under this subdivi-
16 sion shall not take effect until five days after the date the order is
17 issued unless, prior to such effective date, the human trafficking court
18 notifies the court that issued the order that:
19 i. it will not accept the action, in which event the order shall not
20 take effect; or
21 ii. it will accept the action on a date prior to such effective date,
22 in which event the order shall take effect upon such prior date.
23 (b) Upon providing notification pursuant to subparagraph i or ii of
24 paragraph (a) of this subdivision, the human trafficking court shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14267-01-8
A. 9870 2
1 promptly give notice to the defendant, his or her counsel, and the
2 district attorney.
3 § 2. Section 180.20 of the criminal procedure law is amended by adding
4 a new subdivision 4 to read as follows:
5 4. (a) Notwithstanding any provision of this section to the contrary,
6 in any county outside a city having a population of one million or more,
7 upon or after arraignment of a defendant on a felony complaint pending
8 in a local criminal court having preliminary jurisdiction thereof, such
9 court may, upon motion of the defendant and after giving the district
10 attorney an opportunity to be heard, order that the action be removed
11 from the court in which the matter is pending to another local criminal
12 court in the same county, or with consent of the district attorney to
13 another court in an adjoining county, that has been designated as a
14 human trafficking court by the chief administrator of the courts, and
15 such human trafficking court may then conduct such action to judgment or
16 other final disposition; provided, however, that an order of removal
17 issued under this subdivision shall not take effect until five days
18 after the date the order is issued unless, prior to such effective date,
19 the human trafficking court notifies the court that issued the order
20 that:
21 i. it will not accept the action, in which event the order shall not
22 take effect; or
23 ii. it will accept the action on a date prior to such effective date,
24 in which event the order shall take effect upon such prior date.
25 (b) Upon providing notification pursuant to subparagraph i or ii of
26 paragraph (a) of this subdivision, the human trafficking court shall
27 promptly give notice to the defendant, his or her counsel and the
28 district attorney.
29 § 3. Subdivision 2 of section 212 of the judiciary law is amended by
30 adding a new paragraph (w) to read as follows:
31 (w) To the extent practicable, establish such number of human traf-
32 ficking courts as may be necessary to fulfill the purposes of subdivi-
33 sion five of section 170.15 and subdivision four of section 180.20 of
34 the criminal procedure law.
35 § 4. This act shall take effect immediately.
