Authorizes the chief administrator of the courts to establish veterans treatment courts; relates to the removal of certain actions to veterans treatment courts.
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.
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.
