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S06550 Summary:

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S06550 Committee Votes:

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S06550 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6550
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      June 16, 2019
                                       ___________
 
        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the criminal procedure law, in relation  to  proceedings
          against juvenile and adolescent offenders
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 722.20 of the  criminal  procedure
     2  law,  as  added  by section 1-a of part WWW of chapter 59 of the laws of
     3  2017, is amended to read as follows:
     4    1. When a juvenile offender is arraigned  before  a  youth  part,  the
     5  provisions  of  this  section  shall  apply. If the youth part is not in
     6  session, the defendant shall  be  brought  before  the  most  accessible
     7  magistrate  designated by the appellate division of the supreme court to
     8  act as a youth part for the purpose of making  a  determination  whether
     9  such  juvenile  shall  be  detained or, with the consent of the district
    10  attorney, immediately removed to  family  court.  If  the  defendant  is
    11  ordered  to  be  detained,  he  or  she shall be brought before the next
    12  session of the youth part. If the defendant is not detained, he  or  she
    13  shall  be ordered to appear at the next session of the youth part or the
    14  family court.
    15    § 2. Subdivision 1 of section 722.21 of the criminal procedure law, as
    16  added by section 1-a of part WWW of chapter 59 of the laws of  2017,  is
    17  amended to read as follows:
    18    1.  When  an adolescent offender is arraigned before a youth part, the
    19  provisions of this section shall apply. If the  youth  part  is  not  in
    20  session,  the  defendant  shall  be  brought  before the most accessible
    21  magistrate designated by the appellate division of the supreme court  to
    22  act  as  a  youth part for the purpose of making a determination whether
    23  such adolescent offender shall be detained or, with the consent  of  the
    24  district attorney, immediately removed to family court. If the defendant
    25  is  ordered  to  be detained, he or she shall be brought before the next
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13353-02-9
        S. 6550                             2
 
     1  session of the youth part. If the defendant is not detained, he  or  she
     2  shall be ordered to appear at the next session of the youth part, family
     3  court or the local probation department.
     4    §  3.  This  act  shall  take  effect on the same date and in the same
     5  manner as section 1-a of part WWW of chapter 59 of  the  laws  of  2017,
     6  takes effect.