S T A T E   O F   N E W   Y O R K
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                                  10123

                          I N  A S S E M B L Y

                              June 16, 2014
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lentol) --
  read once and referred to the Committee on Judiciary

AN ACT to amend the judiciary law, in relation to establishing  veterans
  courts

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

  Section 1. The judiciary law is amended by adding a new article 5-C to
read as follows:
                               ARTICLE 5-C
                             VETERANS COURTS
SECTION 178-A. ESTABLISHMENT OF COURTS FOR VETERANS.
        178-B. TRANSFER OF CASES TO COURTS FOR VETERANS; HOW  EFFECTUAT-
                 ED.
        178-C. PROCEDURE  IN  A COURT FOR VETERANS UPON TRANSFER OF CASE
                 THERETO.
  S 178-A. ESTABLISHMENT OF COURTS FOR VETERANS. THE CHIEF ADMINISTRATOR
OF THE COURTS, BY ADMINISTRATIVE ORDER, IS AUTHORIZED  AND  DIRECTED  TO
ESTABLISH  A  COURT FOR VETERANS IN ANY CRIMINAL COURT IN THE STATE, AND
ASSIGN ONE OR MORE JUSTICES OR JUDGES TO PRESIDE THEREIN. SUCH COURT FOR
VETERANS SHALL HAVE AS ITS PURPOSE THE HEARING AND DETERMINATION OF: (A)
CRIMINAL CASES THAT ARE COMMENCED IN THE COURT FOR  VETERANS  AGAINST  A
DEFENDANT  IDENTIFIED  AS  A  VETERAN;  AND  (B) CRIMINAL CASES THAT ARE
COMMENCED IN OTHER COURTS OF THE COUNTY  OR  COURTS  IN  ANOTHER  COUNTY
WITHIN THE JUDICIAL DISTRICT, AND THAT ARE IDENTIFIED AS APPROPRIATE FOR
DISPOSITION  BY  THE COURT FOR VETERANS AND TRANSFERRED TO THE COURT FOR
VETERANS AS PROVIDED IN SECTION  ONE  HUNDRED  SEVENTY-EIGHT-B  OF  THIS
ARTICLE.
  S  178-B.   TRANSFER OF CASES TO COURTS FOR VETERANS; HOW EFFECTUATED.
1.  TRANSFER OF CASES PENDING IN LOCAL  CRIMINAL  COURTS.  (A)  A  LOCAL
CRIMINAL COURT IN A COUNTY IN WHICH A COURT FOR VETERANS HAS BEEN ESTAB-
LISHED  UNDER  THIS  ARTICLE OR A LOCAL CRIMINAL COURT IN ANOTHER COUNTY
WITHIN THE JUDICIAL DISTRICT MAY, UPON MOTION OF  THE  DEFENDANT,  CAUSE
COPIES  OF PAPERS AND OTHER DOCUMENTS FILED IN SUCH LOCAL CRIMINAL COURT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15615-01-4
              

A. 10123                            2

IN CONNECTION WITH A CRIMINAL ACTION PROCEEDING PENDING  THEREIN  TO  BE
SENT TO THE COURT FOR VETERANS:
  (I)  UPON  OR  AFTER  ARRAIGNMENT OF THE DEFENDANT ON A LOCAL CRIMINAL
COURT ACCUSATORY INSTRUMENT BY  WHICH  SUCH  ACTION  OR  PROCEEDING  WAS
COMMENCED; OR
  (II)  UPON  OR  AFTER  COMMENCEMENT  OF A PROCEEDING BROUGHT AGAINST A
DEFENDANT FOR THE VIOLATION OF A CONDITION OF A SENTENCE OF PROBATION OR
A SENTENCE OF A CONDITIONAL DISCHARGE.
  (B) NOT LATER THAN FIVE DAYS FOLLOWING RECEIPT OF THE PAPERS AND OTHER
DOCUMENTS, THE JUSTICE OF JUDGE PRESIDING  IN  THE  COURT  FOR  VETERANS
SHALL DETERMINE WHETHER OR NOT A TRANSFER OF THE ACTION OR PROCEEDING TO
THE COURT WOULD PROMOTE THE ADMINISTRATION OF JUSTICE. IF THE JUSTICE OR
JUDGE PRESIDING IN THE COURT DETERMINES THAT IT WOULD PROMOTE THE ADMIN-
ISTRATION  OF JUSTICE, HE OR SHE MAY ORDER SUCH TRANSFER, IN WHICH EVENT
THE ACTION OR PROCEEDING SHALL BE TRANSFERRED TO THE COURT FOR VETERANS,
ALL ORIGINATING PAPERS SHALL THEN BE SENT FROM THE ORIGINATING COURT  TO
THE  COURT  FOR VETERANS, AND ALL FURTHER PROCEEDINGS SHALL BE CONDUCTED
THEREIN. IF THE JUSTICE OR JUDGE  DETERMINES  THAT  A  TRANSFER  OF  THE
ACTION OR PROCEEDING WOULD NOT PROMOTE THE ADMINISTRATION OF JUSTICE, HE
OR  SHE  SHALL NOTIFY THE LOCAL CRIMINAL COURT OR OTHER COURT FROM WHICH
THE REFERENCE WAS RECEIVED OF SUCH DETERMINATION, WHEREUPON ALL  FURTHER
PROCEEDINGS  IN  SUCH ACTION OR PROCEEDING SHALL BE CONDUCTED IN ACCORD-
ANCE WITH LAW.
  2. TRANSFER OF CASES PENDING IN SUPERIOR COURTS. (A) AT ANY TIME WHILE
A CRIMINAL ACTION OR PROCEEDING IS PENDING IN  A  SUPERIOR  COURT  IN  A
COUNTY  IN WHICH A COURT FOR VETERANS HAS BEEN ESTABLISHED OR A SUPERIOR
COURT IN ANOTHER  COUNTY  WITHIN  THE  JUDICIAL  DISTRICT,  INCLUDING  A
PROCEEDING  BROUGHT AGAINST A DEFENDANT FOR THE VIOLATION OF A CONDITION
OF A SENTENCE OF PROBATION OR A SENTENCE  OF  CONDITIONAL  DISCHARGE,  A
JUDGE OR JUSTICE OF THE COURT IN WHICH THE ACTION OR PROCEEDING IS PEND-
ING  MAY, UPON MOTION OF THE DEFENDANT, CAUSE COPIES OF PAPERS AND OTHER
DOCUMENTS FILED IN SUCH COURT IN CONNECTION WITH THE ACTION OR  PROCEED-
ING  TO  BE  SENT  TO  THE  JUDGE OR JUSTICE PROCEEDING IN THE COURT FOR
VETERANS FOR REVIEW OF THE APPROPRIATENESS OF THE TRANSFER.
  (B) NOT LATER THAN FIVE BUSINESS DAYS FOLLOWING RECEIPT OF THE  PAPERS
AND  OTHER  DOCUMENTS,  THE  JUDGE OR JUSTICE PRESIDING IN THE COURT FOR
VETERANS SHALL DETERMINED WHETHER OR NOT A TRANSFER  OF  THE  ACTION  OR
PROCEEDING  TO THE COURT WOULD PROMOTE THE ADMINISTRATION OF JUSTICE. IF
SUCH JUDGE OR JUSTICE DETERMINES THAT TRANSFER WOULD PROMOTE THE  ADMIN-
ISTRATION OF JUSTICE:
  (I)  HE  OR SHE, IF SITTING IN SUPREME COURT, MAY ORDER SUCH TRANSFER,
IN WHICH EVENT THE ACTION OR PROCEEDING SHALL BE REFERRED  FOR  DISPOSI-
TION TO THE COURT FOR VETERANS, ALL ORIGINAL PAPERS SHALL BE SENT TO THE
COURT  FOR  VETERANS,  AND  ALL  FURTHER  PROCEEDINGS  IN SUCH ACTION OR
PROCEEDING SHALL BE CONDUCTED THEREIN; OR
  (II) HE OR SHE, IF SITTING  IN  COUNTY  COURT,  SHALL  SO  NOTIFY  THE
JUSTICE  OF  THE  COURT  WHO CAUSED THE PAPERS AND OTHER DOCUMENTS TO BE
SENT TO HIM OR HER, AND SUCH JUSTICE MAY THEREUPON ORDER  SUCH TRANSFER,
IN WHICH EVENT THE ACTION OR PROCEEDING SHALL BE REFERRED  FOR  DISPOSI-
TION  TO  THE COURT FOR VETERANS, ALL ORIGINAL PAPERS SHALL BE SENT FROM
THE ORIGINATING COURT  TO  THE  COURT  FOR  VETERANS,  AND  ALL  FURTHER
PROCEEDINGS  IN SUCH ACTION OR PROCEEDING SHALL BE CONDUCTED THEREIN. IF
THE JUDGE OR JUSTICE PRESIDING IN THE COURT FOR VETERANS DETERMINES THAT
A TRANSFER OF THE ACTION OR PROCEEDING WOULD NOT  PROMOTE  THE  ADMINIS-
TRATION OF JUSTICE, HE OR SHE SHALL NOTIFY THE ORIGINATING COURT OF SUCH

A. 10123                            3

DETERMINATION,  WHEREUPON  ALL  FURTHER  PROCEEDINGS  IN  SUCH ACTION OR
PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH LAW.
  S 178-C. PROCEDURE IN A COURT FOR VETERANS UPON TRANSFER OF CASE THER-
ETO. EACH ACTION OR PROCEEDING TRANSFERRED TO A COURT FOR VETERANS SHALL
BE  SUBJECT  TO  THE  SAME  SUBSTANTIVE AND PROCEDURAL LAW AS WOULD HAVE
APPLIED TO IT HAD IT NOT BEEN TRANSFERRED.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.