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S07209 Summary:

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S07209 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7209--A
 
                    IN SENATE
 
                                      April 6, 2016
                                       ___________
 
        Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
          istration) -- read twice and ordered printed, and when printed  to  be
          committed  to the Committee on Judiciary -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        AN  ACT  to  amend the judiciary law, the criminal procedure law and the
          uniform justice court act, in relation to off-hours arraignment  parts
          in counties outside of the city of New York
 
          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  212  of  the  judiciary  law  is
     2  amended by adding a new paragraph (w) to read as follows:
     3    (w)  Adopt,  after  consultation  with  the  office  of indigent legal
     4  services, the appropriate local magistrates  association,  institutional
     5  providers of criminal defense services and other members of the criminal
     6  defense  bar,  local government officials, including the district attor-
     7  ney, and with the approval of the administrative board of the courts,  a
     8  plan  for  the  establishment,  in accordance with paragraph (c) of this
     9  subdivision, of off-hours arraignment parts  in  select  local  criminal
    10  courts of a county to be held in such courts on a rotating basis for the
    11  conduct  of  arraignments  and  other preliminary proceedings incidental
    12  thereto, and for arrest warrant returns in criminal cases, where the use
    13  of such parts will facilitate the availability of  public  defenders  or
    14  assigned  counsel for defendants in need of legal representation at such
    15  proceedings.  To the extent practicable, and  notwithstanding  that  any
    16  such  plan shall designate off-hours arraignment parts in fewer than all
    17  of the local criminal courts of a county, each plan authorized  by  this
    18  paragraph shall provide for the periodic assignment of all of the judges
    19  and  justices of all of the local criminal courts in the affected county
    20  to the off-hours arraignment parts designated therein. The chief  admin-
    21  istrator shall give appropriate public notice of each off-hours arraign-
    22  ment part established hereunder and each judicial assignment made there-
    23  to.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14072-06-6
        S. 7209--A                          2
 
     1    § 2. Section 100.55 of the criminal procedure law is amended by adding
     2  a new subdivision 11 to read as follows:
     3    11.  Notwithstanding  any  provision  of  law to the contrary, a local
     4  criminal court accusatory instrument may be filed with a local  criminal
     5  court  while it is operating an off-hours arraignment part designated in
     6  accordance with paragraph (w) of subdivision one of section two  hundred
     7  twelve of the judiciary law provided that an offense charged therein was
     8  allegedly  committed  in the county in which the local criminal court is
     9  located.
    10    § 3. Subdivision 1 of section 120.90 of the criminal procedure law, as
    11  amended by chapter 424 of the laws  of  1998,  is  amended  to  read  as
    12  follows:
    13    1.    Upon arresting a defendant for any offense pursuant to a warrant
    14  of arrest in the county in which the warrant is  returnable  or  in  any
    15  adjoining  county,  or  upon so arresting him or her for a felony in any
    16  other county, a police officer, if he or she be one to whom the  warrant
    17  is  addressed, must without unnecessary delay bring the defendant before
    18  the local criminal court in which such warrant is  returnable,  provided
    19  that, where a local criminal court in the county in which the warrant is
    20  returnable  hereunder  is operating an off-hours arraignment part desig-
    21  nated in accordance with paragraph (w) of subdivision one of section two
    22  hundred twelve of the judiciary law at the time of  defendant's  return,
    23  such  police  officer may bring the defendant before such local criminal
    24  court.
    25    § 4. Paragraph (d) of subdivision 1 of section 140.20 of the  criminal
    26  procedure law, as amended by chapter 549 of the laws of 1987, is amended
    27  and a new paragraph (e) is added to read as follows:
    28    (d)  If  the  arrest  is for a traffic infraction or for a misdemeanor
    29  relating to traffic, the police officer may,  instead  of  bringing  the
    30  arrested  person before the local criminal court of the political subdi-
    31  vision or locality in which the offense was allegedly  committed,  bring
    32  him  or  her  before the local criminal court of the same county nearest
    33  available by highway travel to the point of arrest[.]; and
    34    (e) Notwithstanding any other provision of this section, where a local
    35  criminal court in the county in which the defendant is arrested is oper-
    36  ating an off-hours arraignment part designated in accordance with  para-
    37  graph  (w) of subdivision one of section two hundred twelve of the judi-
    38  ciary law at the time of defendant's arrest, the arrested person may  be
    39  brought before such local criminal court.
    40    § 5. Section 170.10 of the criminal procedure law is amended by adding
    41  a new subdivision 10 to read as follows:
    42    10.  Notwithstanding  any  contrary provision of this section, when an
    43  off-hours arraignment part designated in accordance with  paragraph  (w)
    44  of subdivision one of section two hundred twelve of the judiciary law is
    45  in operation in the county in which the court is located, the court must
    46  adjourn  the  proceedings  before it, and direct that the proceedings be
    47  continued in such off-hours part when the defendant has appeared  before
    48  the  court  without counsel and no counsel is otherwise available at the
    49  time of such appearance to  aid  the  defendant,  unless  the  defendant
    50  desires  to  proceed  without the aid of counsel and the court is satis-
    51  fied, pursuant to subdivision six of this section,  that  the  defendant
    52  made such decision with knowledge of the significance thereof.
    53    § 6. Section 180.10 of the criminal procedure law is amended by adding
    54  a new subdivision 7 to read as follows:
    55    7.  Notwithstanding  any  contrary  provision of this section, when an
    56  off-hours arraignment part designated in accordance with  paragraph  (w)
        S. 7209--A                          3
 
     1  of subdivision one of section two hundred twelve of the judiciary law is
     2  in operation in the county in which the court is located, the court must
     3  adjourn  the  proceedings  before it, and direct that the proceedings be
     4  continued  in such off-hours part when the defendant has appeared before
     5  the court without counsel and no counsel is otherwise available  at  the
     6  time of such appearance to aid the defendant.
     7    § 7. Subdivision 2 of section 106 of the uniform justice court act, as
     8  added by chapter 321 of the laws of 2007, is amended to read as follows:
     9    2.  The  chief  administrator of the courts may temporarily assign any
    10  justice of another town or village court, or a judge of a city court, to
    11  a town or village court within the county of such judge's  or  justice's
    12  residence  or an adjoining county. While temporarily assigned hereunder,
    13  any such judge or justice shall have the powers, duties and jurisdiction
    14  of a justice of the court to which the assignment is made, including the
    15  power to preside over an off-hours arraignment part established in  such
    16  court  pursuant  to  paragraph  (w)  of  subdivision  one of section two
    17  hundred twelve of the judiciary law. After the expiration of any  tempo-
    18  rary  assignment hereunder, the judge or justice assigned shall have all
    19  the powers, duties and jurisdiction of a judge or justice of  the  court
    20  to  which  the  assignment  was made with respect to all matters pending
    21  during the term of such temporary  assignment.  Such  judge  or  justice
    22  shall  be entitled to such compensation and travel expenses as the chief
    23  administrator shall prescribe by rule, payable out of funds appropriated
    24  to the state judiciary for such purpose.
    25    § 8. This act shall take effect on the ninetieth day  after  it  shall
    26  have become a law.