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A05719 Summary:

BILL NOA05719A
 
SAME ASSAME AS S01957-A
 
SPONSORGalef
 
COSPNSRStirpe, Hunter, McDonough, Manktelow, Walker, Barrett, Buttenschon, Griffin, Steck, Lupardo, Peoples-Stokes, Perry, Abinanti, Seawright, Santabarbara, Cusick, Otis, Norris, Stern, Burdick, Woerner, Thiele, Clark, Hevesi, McDonald, Hawley, Gandolfo, Simpson, Ashby, Lawler
 
MLTSPNSR
 
Amd §212, Judy L; amd §§170.15 & 180.20, add §§230.11 & 230.21, CP L
 
Authorizes the chief administrator of the courts to establish veterans treatment courts; relates to the removal of certain actions to veterans treatment courts.
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A05719 Actions:

BILL NOA05719A
 
02/24/2021referred to judiciary
03/09/2021amend and recommit to judiciary
03/09/2021print number 5719a
03/15/2021reported referred to codes
03/15/2021reported referred to ways and means
03/15/2021reported referred to rules
03/15/2021reported
03/15/2021rules report cal.41
03/15/2021ordered to third reading rules cal.41
03/16/2021passed assembly
03/16/2021delivered to senate
03/16/2021REFERRED TO JUDICIARY
03/24/2021SUBSTITUTED FOR S1957A
03/24/20213RD READING CAL.409
03/24/2021PASSED SENATE
03/24/2021RETURNED TO ASSEMBLY
03/29/2021delivered to governor
03/29/2021signed chap.91
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A05719 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5719A
 
SPONSOR: Galef
  TITLE OF BILL: An act to amend the judiciary law, in relation to authorizing the chief administrator of the courts to establish veterans treatment courts; and to amend the criminal procedure law, in relation to the removal of certain actions to veterans treatment courts   PURPOSE OR GENERAL IDEA OF BILL: This legislation will immediately and dramatically increase the number of counties in which veterans treatment courts are located. Moreover, this act also calls for the establishment of such number of veteran treatment courts as may be necessary to fulfill the act's purpose to help provide all veterans in the state with access to such courts.   SUMMARY OF PROVISIONS: Section 1 amends § 212 of the Judiciary Law (Functions of the chief administrator of the courts) to allow for the establishment of such a number of veteran treatment courts as may be necessary to fulfill the purpose of this act. Section 2 amends § 170.15 of the Criminal Procedure Law (Removal of action from one local criminal court to another) to authorize the removal of a misdemeanor action from a local criminal court to a veter- ans treatment court in an adjoining county, with the consent of the District Attorney from the receiving county. The bill prohibits removal to a veterans treatment court in an adjoining county where the accused and victim are family or from the same household. Section 3 amends § 180.20 of the Criminal Procedure Law (Proceedings upon felony complaint; removal of action from one local criminal court to another) to authorize the removal of a felony action from a local criminal court to a veterans treatment court in an adjoining county, with the consent of the District Attorney from the receiving county. The bill prohibits removal to a veterans treatment court or human traffick- ing court in an adjoining county where the accused and victim are family or from the same household. Section 4 adds a new § 230.11 (Removal of action to certain courts with- in a county) to allow for transfer to a human trafficking or veterans treatment court following indictment provided that such offense does not include cases where the accused and victim are family or from the same household. Section 5 amends the Criminal Procedure law by adding § 230.21 (Removal of action to an adjoining county) to authorize the removal of a felony action from a superior court to a human trafficking or veterans treat- ment court in an adjoining county, with the consent of the District Attorney from the receiving county. The bill prohibits removal to a veterans treatment court or human trafficking court in an adjoining county where the accused and victim are family or from the same house- hold.Section 6 of the bill is the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): The A print contains technical revisions, including clarification of when D.A. consent is required.   JUSTIFICATION: New York owes an enduring debt to the brave men and women who have served in our nation's armed forces. We must not fail to recognize that when our veterans return from service, their transition to civilian life is not always an easy one and can be marked by depression, other forms of mental illness and substance abuse. In addition, studies have shown that trauma a soldier suffers while deployed is a major contributing factor to low level, but often, persistent, criminal activity. New York stands in the vanguard for treating veterans who have engaged in criminal conduct following their return to civilian life. In 2008, the nation's first veterans treatment court was started in Buffalo city court. While New York now has thirty-five veterans treatment courts, not all of New York's veterans live in a county that currently has such a court. In order to broaden the availability of veteran treatment courts to all veterans, this act would authorize the transfer of a criminal case against a veteran where the charges are pending in a criminal court in a county that does not have a veterans treatment court to a veterans treatment court in an adjoining county. Following the successful "drug hub courts" and "human traffic intervention court" models, the process would be triggered by an application by the defendant to the court. After giving the District Attorney of the originating county an opportu- nity to be heard, and with the consent of the receiving county's District Attorney; the court may order the removal of the action to a veterans treatment court in an adjoining county, except in cases where the accused and victim are family or from the same household.   PRIOR LEGISLATIVE HISTORY: A. 8360-A and S. 5059-A of 2019/2020   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: No fiscal impact.   EFFECTIVE DATE: This act shall take effect immediately.
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A05719 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5719--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 24, 2021
                                       ___________
 
        Introduced  by  M.  of A. GALEF, STIRPE, HUNTER, McDONOUGH, MANKTELOW --
          read once and referred to the  Committee  on  Judiciary  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT to amend the judiciary law, in relation to authorizing the chief
          administrator of the courts to establish  veterans  treatment  courts;
          and to amend the criminal procedure law, in relation to the removal of
          certain actions to veterans treatment courts
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of  section  212  of  the  judiciary  law  is
     2  amended by adding a new paragraph (bb) to read as follows:
     3    (bb)  To  the  extent  practicable,  establish such number of veterans
     4  treatment courts as may be necessary to fulfill the purposes of subdivi-
     5  sion five of section 170.15, subdivision four of section 180.20, section
     6  230.11 and section 230.21 of the criminal procedure law.
     7    § 2. Subdivision 5 of section 170.15 of the criminal procedure law, as
     8  added by chapter 191 of the laws of 2018, is amended to read as follows:
     9    5. (a) Notwithstanding any provision of this section to the  contrary,
    10  in any county outside a city having a population of one million or more,
    11  upon or after arraignment of a defendant on an information, a simplified
    12  information, a prosecutor's information or a misdemeanor complaint pend-
    13  ing  in  a  local  criminal  court,  such  court may, upon motion of the
    14  defendant and after giving the district attorney an  opportunity  to  be
    15  heard,  order  that  the  action  be removed from the court in which the
    16  matter is pending to another local criminal court in the same county, or
    17  with consent of the district attorney and the district attorney  of  the
    18  adjoining  county  to  another court in [an] such adjoining county, that
    19  has been designated as a human trafficking court or  veterans  treatment
    20  court by the chief administrator of the courts, and such human traffick-
    21  ing  court  or  veterans treatment court may then conduct such action to
    22  [judgement] judgment or other final deposition; provided, however,  that
    23  no  court  may  order removal pursuant to this subdivision to a veterans
    24  treatment court of a family offense charge described in subdivision  one
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02732-09-1

        A. 5719--A                          2

     1  of  section  530.11  of  this  chapter  where the accused and the person
     2  alleged to be the victim of such offense charged are members of the same
     3  family or household as  defined  in  such  subdivision  one  of  section
     4  530.11;  and provided further that an order of removal issued under this
     5  subdivision shall not take effect until five days  after  the  date  the
     6  order  is  issued  unless, prior to such effective date, the human traf-
     7  ficking court or veterans treatment court notifies the court that issued
     8  the order that:
     9    i. it will not accept the action, in which event the order  shall  not
    10  take effect; or
    11    ii.  it will accept the action on a date prior to such effective date,
    12  in which event the order shall take effect upon such prior date.
    13    (b) Upon providing notification pursuant to subparagraph i  or  ii  of
    14  paragraph (a) of this subdivision, the human trafficking court or veter-
    15  ans  treatment court shall promptly give notice to the defendant, his or
    16  her counsel, and the district attorney.
    17    § 3. Subdivision 4 of section 180.20 of the criminal procedure law, as
    18  added by chapter 191 of the laws of 2018, is amended to read as follows:
    19    4. (a) Notwithstanding any provision of this section to the  contrary,
    20  in any county outside a city having a population of one million or more,
    21  upon  or  after arraignment of a defendant on a felony complaint pending
    22  in a local criminal court having preliminary jurisdiction thereof,  such
    23  court  may,  upon  motion of the defendant and after giving the district
    24  attorney an opportunity to be heard, order that the  action  be  removed
    25  from  the court in which the matter is pending to another local criminal
    26  court in the same county, or with consent of the district  attorney  and
    27  the  district  attorney of the adjoining county to another court in [an]
    28  such adjoining county, that has been designated as a  human  trafficking
    29  court  or  veterans  treatment  court  by the chief administrator of the
    30  courts, and such human trafficking court or veterans treatment court may
    31  then conduct  such  action  to  judgment  or  other  final  disposition;
    32  provided,  however,  that  no  court  may order removal pursuant to this
    33  subdivision to a veterans treatment court of  a  family  offense  charge
    34  described in subdivision one of section 530.11 of this chapter where the
    35  accused  and the person alleged to be the victim of such offense charged
    36  are members of the same family or household as defined in such  subdivi-
    37  sion  one  of  section  530.11; and provided further an order of removal
    38  issued under this subdivision shall not  take  effect  until  five  days
    39  after the date the order is issued unless, prior to such effective date,
    40  the  human  trafficking  court  or veterans treatment court notifies the
    41  court that issued the order that:
    42    i. it will not accept the action, in which event the order  shall  not
    43  take effect; or
    44    ii.  it will accept the action on a date prior to such effective date,
    45  in which event the order shall take effect upon such prior date.
    46    (b) Upon providing notification pursuant to subparagraph i  or  ii  of
    47  paragraph (a) of this subdivision, the human trafficking court or veter-
    48  ans  treatment court shall promptly give notice to the defendant, his or
    49  her counsel and the district attorney.
    50    § 4. The criminal procedure law is amended by  adding  a  new  section
    51  230.11 to read as follows:
    52  § 230.11 Removal of action to certain courts within a county.
    53    1.  In any county outside a city having a population of one million or
    54  more, upon or after arraignment of a defendant on an indictment  pending
    55  in  a  superior  court having jurisdiction thereof, such court may, upon
    56  motion of the defendant and after giving the district attorney an oppor-

        A. 5719--A                          3
 
     1  tunity to be heard, order that the action be removed from the  court  in
     2  which the matter is pending to another court in the same county that has
     3  been designated as a human trafficking court or veterans treatment court
     4  by  the  chief  administrator  of the courts, and such human trafficking
     5  court or veterans treatment court may then conduct such action to  judg-
     6  ment  or  other  final disposition; provided, however, that no court may
     7  order removal pursuant to this section to a veterans treatment court  of
     8  a  family  offense charge described in subdivision one of section 530.11
     9  of this chapter where the accused and  the  person  alleged  to  be  the
    10  victim  of such offense charged are members of the same family or house-
    11  hold as defined in such subdivision one of section 530.11; and  provided
    12  further that an order of removal issued under this subdivision shall not
    13  take  effect  until five days after the date the order is issued unless,
    14  prior to such effective date, the human trafficking  court  or  veterans
    15  treatment court notifies the court that issued the order that:
    16    (a)  it will not accept the action, in which event the order shall not
    17  take effect; or
    18    (b) it will accept the action on a date prior to such effective  date,
    19  in which event the order shall take effect upon such prior date.
    20    2.  Upon  providing  notification  pursuant to paragraph (a) or (b) of
    21  subdivision one of this section, the human trafficking court or veterans
    22  treatment court shall promptly give notice to the defendant, his or  her
    23  counsel and the district attorney.
    24    §  5.  The  criminal  procedure law is amended by adding a new section
    25  230.21 to read as follows:
    26  § 230.21 Removal of action to certain courts in an adjoining county.
    27    1. In any county outside a city having a population of one million  or
    28  more,  the  court  may, upon motion of the defendant and with consent of
    29  the district attorney and the district attorney of the adjoining  county
    30  that has a superior court designated a human trafficking court or veter-
    31  ans treatment court by the chief administrator of the courts, order that
    32  the  indictment and action be removed from the court in which the matter
    33  is pending to such human trafficking court or veterans treatment  court,
    34  whereupon  such  court may then conduct such action to judgment or other
    35  final disposition; provided, however, that no court may order removal to
    36  a veterans treatment court of  a  family  offense  charge  described  in
    37  subdivision  one  of  section  530.11  of  this chapter pursuant to this
    38  section where the accused and the person alleged to  be  the  victim  of
    39  such  offense  charged  are  members  of the same family or household as
    40  defined in such subdivision one of section 530.11; and provided  further
    41  that  an  order  of removal issued under this subdivision shall not take
    42  effect until five days after the date the order is issued unless,  prior
    43  to  such  effective date, the human trafficking court or veterans treat-
    44  ment court notifies the court that issued the order that:
    45    (a) it will not accept the action, in which event the order shall  not
    46  take effect, or
    47    (b)  it will accept the action on a date prior to such effective date,
    48  in which event the order shall take effect upon such prior date.
    49    2. Upon providing notification pursuant to paragraph  (a)  or  (b)  of
    50  subdivision one of this section, the human trafficking court or veterans
    51  treatment  court shall promptly give notice to the defendant, his or her
    52  counsel and the district attorney of both counties.
    53    § 6. This act shall take effect on the thirtieth day  after  it  shall
    54  have become a law.
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