Assembly Bill A4439

2011-2012 Legislative Session

Requires a criminal court to release a defendant charged with certain offenses involving marihuana on his or her own recognizance upon ordering a case adjourned in contemplation of dismissal

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A4439 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง170.56, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3497
2013-2014: A4121
2015-2016: A3284
2017-2018: A3722
2019-2020: A4270
2021-2022: A2069
2023-2024: A743

2011-A4439 (ACTIVE) - Summary

Requires a criminal court to release a defendant charged with certain offenses involving marihuana on his or her own recognizance upon ordering a case adjourned in contemplation of dismissal.

2011-A4439 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4439

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by  M. of A. AUBRY -- Multi-Sponsored by -- M. of A. COOK --
  read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to  adjournments
  in contemplation of dismissal in cases involving marihuana

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 170.56 of the  criminal  procedure
law, as added by chapter 1042 of the laws of 1971, is amended to read as
follows:
  2.   Upon ordering the action adjourned in contemplation of dismissal,
the court MUST RELEASE THE DEFENDANT ON HIS OR HER OWN RECOGNIZANCE  AND
must  set  and  specify  such  conditions  for the adjournment as may be
appropriate[, and such]. SUCH conditions may include placing the defend-
ant under the supervision of any public or private agency.  At any  time
prior  to  dismissal  the  court  may modify the conditions or extend or
reduce the term of the adjournment, except  that  the  total  period  of
adjournment  shall  not  exceed  twelve  months.   Upon violation of any
condition fixed by the court, the court may revoke its order and restore
the case to the calendar and the prosecution thereupon must proceed.  If
the case is not so restored to the calendar during the period  fixed  by
the court, the accusatory instrument is, at the expiration of such peri-
od, deemed to have been dismissed in the furtherance of justice.
  S  2.  This act shall take effect on the thirtieth day next succeeding
the date on which it shall have become a law  and  shall  apply  to  all
adjournments  in  contemplation  of  dismissal ordered on and after such
date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08354-01-1

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