Assembly Bill A10360

Signed By Governor
2015-2016 Legislative Session

Relates to off-hours arraignment parts in counties outside the city of New York

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S7209 - Signed by Governor


  • 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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2015-A10360 (ACTIVE) - Details

See Senate Version of this Bill:
S7209
Law Section:
Judiciary Law
Laws Affected:
Amd §212, Judy L; amd §§100.55, 120.90, 140.20, 170.10 & 180.10, CP L; amd §106, UJCA

2015-A10360 (ACTIVE) - Summary

Relates to off-hours arraignment parts in counties outside the city of New York; authorizes the establishment of a plan to designate off-hours arraignment parts in select local criminal courts of a county.

2015-A10360 (ACTIVE) - Bill Text download pdf

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

                                  10360

                          I N  A S S E M B L Y

                              May 23, 2016
                               ___________

Introduced  by M. of A. LENTOL, BUCHWALD -- (at request of the Office of
  Court Administration) -- read once and referred to  the  Committee  on
  Codes

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:

  Section 1. Subdivision 1 of  section  212  of  the  judiciary  law  is
amended by adding a new paragraph (w) to read as follows:
  (W)  ADOPT,  AFTER  CONSULTATION  WITH  THE  OFFICE  OF INDIGENT LEGAL
SERVICES, THE APPROPRIATE LOCAL MAGISTRATES  ASSOCIATION,  INSTITUTIONAL
PROVIDERS OF CRIMINAL DEFENSE SERVICES AND OTHER MEMBERS OF THE CRIMINAL
DEFENSE  BAR,  LOCAL GOVERNMENT OFFICIALS, INCLUDING THE DISTRICT ATTOR-
NEY, AND WITH THE APPROVAL OF THE ADMINISTRATIVE BOARD OF THE COURTS,  A
PLAN  FOR  THE  ESTABLISHMENT,  IN ACCORDANCE WITH PARAGRAPH (C) OF THIS
SUBDIVISION, OF OFF-HOURS ARRAIGNMENT PARTS  IN  SELECT  LOCAL  CRIMINAL
COURTS OF A COUNTY TO BE HELD IN SUCH COURTS ON A ROTATING BASIS FOR THE
CONDUCT  OF  ARRAIGNMENTS  AND  OTHER PRELIMINARY PROCEEDINGS INCIDENTAL
THERETO, AND FOR ARREST WARRANT RETURNS IN CRIMINAL CASES, WHERE THE USE
OF SUCH PARTS WILL FACILITATE THE AVAILABILITY OF  PUBLIC  DEFENDERS  OR
ASSIGNED  COUNSEL FOR DEFENDANTS IN NEED OF LEGAL REPRESENTATION AT SUCH
PROCEEDINGS.  TO THE EXTENT PRACTICABLE, AND  NOTWITHSTANDING  THAT  ANY
SUCH  PLAN SHALL DESIGNATE OFF-HOURS ARRAIGNMENT PARTS IN FEWER THAN ALL
OF THE LOCAL CRIMINAL COURTS OF A COUNTY, EACH PLAN AUTHORIZED  BY  THIS
PARAGRAPH SHALL PROVIDE FOR THE PERIODIC ASSIGNMENT OF ALL OF THE JUDGES
AND  JUSTICES OF ALL OF THE LOCAL CRIMINAL COURTS IN THE AFFECTED COUNTY
TO THE OFF-HOURS ARRAIGNMENT PARTS DESIGNATED THEREIN. THE CHIEF  ADMIN-
ISTRATOR SHALL GIVE APPROPRIATE PUBLIC NOTICE OF EACH OFF-HOURS ARRAIGN-
MENT PART ESTABLISHED HEREUNDER AND EACH JUDICIAL ASSIGNMENT MADE THERE-
TO.
  S 2. Section 100.55 of the criminal procedure law is amended by adding
a new subdivision 11 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14072-05-6
              

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