NY State Senate Bill 2015-S7209A

Senate Bill S7209A

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

Archive: Last Bill Status - 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 28, 2016	signed chap.492
Nov 16, 2016	delivered to governor
Jun 17, 2016	returned to senate passed assembly ordered to third reading rules cal.210 substituted for a10360
Jun 16, 2016	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1908 committee discharged and committed to rules
May 24, 2016	print number 7209a
May 24, 2016	amend and recommit to judiciary
Apr 06, 2016	referred to judiciary

Votes

- Jun 16, 2016 - Floor Vote
  S7209A
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Hamilton
      
      excused (1)
      
      Diaz
  Jun 16, 2016 - Rules Committee Vote
  S7209A
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2016
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky

Bill Amendments

Original

A (Active)

2015-S7209 - Details

See Assembly Version of this Bill:: A10360
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-S7209 - 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-S7209 - Sponsor Memo

                                 BILL NUMBER:  S7209

 TITLE OF BILL :  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

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Advisory
Committee on Criminal Law and Procedure and with the endorsement of
his Local Courts Advisory Committee.

In order to facilitate the ability of local criminal courts to conduct
off-hours arraignment proceedings, this measure would amend the
Judiciary Law, the Criminal Procedure Law and the Uniform Justice
Court Act to allow for a plan of rotating arraignment parts among the
local criminal courts within each county outside New York City.

In Hurrell-Harring v New York (15 NY3d 8 (2010)), the Court of Appeals
reaffirmed the fundamental right of an indigent accused of crime to be
represented by counsel at material stages of criminal proceedings.
The Court unequivocally declared that this right attaches at an
accused's arraignment, both as a statutory obligation under New York
law (see CPL 170.10(3), 180.20(3)), and as a constitutional
requirement under the United States Supreme Court's seminal decision
in Gideon v Wainwright (372 U.S. 335 (1963)). As stated by the Court,

"nothing in the statute may be read to justify the conclusion that the
presence of defense counsel at arraignment is ever dispensable, except
at a defendant's informed option, when matters affecting the
defendant's pretrial liberty or ability subsequently to defend against
the charges are to be decided. Nor is there merit to . . .  (the)
suggestion that the Sixth Amendment right to counsel is not yet fully
implicated . ." (15 NY3d at 21).

In practice, however, local courts, county governments and indigent
defense providers struggle to meet these critical obligations, most
notably during off-hours arraignments. In many jurisdictions, local
law enforcement do not have the ability to detain an accused in a
local lockup, either because of inadequate overnight holding
facilities or lack of staffing or both. Therefore, when a suspect is
arrested at night or on weekends, the police must ask the local judge
to re-open the courthouse to conduct an off-hours arraignment and
issue a securing order either releasing the defendant on recognizance
or authorizing detention at a county facility (see CPL 170.10(7);
180.10(6)).  Finding qualified defense counsel for indigent defendants
in these circumstances can be extremely difficult. The responsibility
for finding counsel often falls upon the individual judge, and the
nearest qualified counsel may be unreachable or unavailable.
Similarly, off-hours arraignments place great strain on indigent
defense providers and prosecutors. Inadequate county funding, long
travel times to the courthouse and too few qualified attorneys in
sparsely-populated counties can result in both prosecutors and defense
counsel being unable to attend an off-hours arraignment. The court has
limited options in such a case: failure to conduct the arraignment may
jeopardize public safety or result in unnecessary detention of the
defendant, yet issuing a securing order without counsel may create
serious legal and ethical issues.

The historic settlement of the Hurrell-Harring lawsuit promises some
welcome relief in this area, at least for the five counties involved
in the settlement (Onondaga, Ontario, Schuyler, Suffolk and
Washington). Among other conditions, the settlement tasks the Office
of Indigent Legal Services (ILS) with oversight and authority to
distribute grant funding to improve delivery of indigent defense
services in those counties, including money to ensure counsel at first
appearance. However, Hurrell-Harring does not address the remaining
counties in the state, and it is expected that complying with
statutory and constitutional mandates at arraignment proceedings will
continue to be challenging.

This measure is designed to facilitate the availability of public
defenders or assigned counsel for defendants in need of legal
representation at arraignments, without unduly burdening local
government or placing additional stress on each of the stakeholders in
the system, including magistrate judges, law enforcement and indigent
defense service providers. The measure broadens the jurisdiction of
local courts to conduct off-hours arraignments in special off-hours
arraignment parts, staffed by the same judges who currently preside
over arraignments. By authorizing off-hours arraignments in only a few
locations, the necessary stakeholders will benefit from having fewer
courts to cover. Additionally, local law enforcement will be able to
rely on there always being a court available to issue securing orders.
Finally, local magistrate judges, who now must be on call at all hours
and all days, will need to open their courthouses on only designated
days in accordance with a rotation schedule, published in advance,
that will provide for periodic assignment of all of the judges or
justices of the local criminal courts in the affected counties.

Section one of the measure adds Judiciary Law § 212(w), authorizing
the Chief Administrative Judge, after consulting with the necessary
stakeholders, and with the approval of the Administrative Board of the
Courts, to establish a plan for the designation of off-hours
arraignment parts in the local criminal courts of a county to be held
on a rotating basis.

Sections two, three and four of the measure amend sections CPL 100.55,
120.90 and 140.20 to provide that where an off-hours arraignment part
has been established in a local criminal court of a county, law
enforcement authorities must bring each person arrested in the county
while such part is operational before the part for filing of the
accusatory instrument and arraignment thereon. Following arraignment,
the off-hours court is required to remit the action to a court that
has trial jurisdiction over that action (CPL 170.15; 180.20).

Section five of the measure amends section 106 of the Uniform Justice
Court Act to add a cross-reference to § 212(w) of the Judiciary Law to
make clear that assigned judges and justices have jurisdiction to
handle matters in an off-hours arraignment part.

The measure will be effective 90 days after being signed into law and
is anticipated to realize significant savings to localities in meeting
their statutory and constitutional obligations for assigned counsel to
appear at arraignments.

 LEGISLATIVE HISTORY :

None. New proposal.

2015-S7209 - Bill Text download pdf

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

                                  7209

                            I N  S E N A T E

                              April 6, 2016
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

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:
  11. NOTWITHSTANDING ANY PROVISION OF LAW  TO  THE  CONTRARY,  A  LOCAL
CRIMINAL  COURT ACCUSATORY INSTRUMENT SHALL BE FILED WITH A LOCAL CRIMI-
NAL COURT WHILE IT IS OPERATING AN OFF-HOURS ARRAIGNMENT PART DESIGNATED
IN ACCORDANCE WITH PARAGRAPH (W)  OF  SUBDIVISION  ONE  OF  SECTION  TWO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14072-02-6

S. 7209                             2

HUNDRED  TWELVE  OF  THE  JUDICIARY LAW PROVIDED THAT AN OFFENSE CHARGED
THEREIN WAS ALLEGEDLY COMMITTED IN THE COUNTY IN WHICH THE LOCAL  CRIMI-
NAL COURT IS LOCATED.
  S 3. Subdivision 1 of section 120.90 of the criminal procedure law, as
amended  by  chapter  424  of  the  laws  of 1998, is amended to read as
follows:
  1.  Upon arresting a defendant for any offense pursuant to  a  warrant
of  arrest  in  the  county in which the warrant is returnable or in any
adjoining county, or upon so arresting him OR HER for a  felony  in  any
other  county, a police officer, if he OR SHE be one to whom the warrant
is addressed, must without unnecessary delay bring the defendant  before
the  local  criminal court in which such warrant is returnable, PROVIDED
THAT, WHERE A LOCAL CRIMINAL COURT IN THE COUNTY IN WHICH THE WARRANT IS
RETURNABLE HEREUNDER IS OPERATING AN OFF-HOURS ARRAIGNMENT  PART  DESIG-
NATED IN ACCORDANCE WITH PARAGRAPH (W) OF SUBDIVISION ONE OF SECTION TWO
HUNDRED  TWELVE  OF THE JUDICIARY LAW AT THE TIME OF DEFENDANT'S RETURN,
SUCH POLICE OFFICER MUST BRING THE DEFENDANT BEFORE SUCH LOCAL  CRIMINAL
COURT.
  S  4. Paragraph (d) of subdivision 1 of section 140.20 of the criminal
procedure law, as amended by chapter 549 of the laws of 1987, is amended
and a new paragraph (e) is added to read as follows:
  (d) If the arrest is for a traffic infraction  or  for  a  misdemeanor
relating  to  traffic,  the  police officer may, instead of bringing the
arrested person before the local criminal court of the political  subdi-
vision  or  locality in which the offense was allegedly committed, bring
him OR HER before the local criminal court of the  same  county  nearest
available by highway travel to the point of arrest[.]; AND
  (E) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, WHERE A LOCAL
CRIMINAL COURT IN THE COUNTY IN WHICH THE DEFENDANT IS ARRESTED IS OPER-
ATING  AN OFF-HOURS ARRAIGNMENT PART DESIGNATED IN ACCORDANCE WITH PARA-
GRAPH (W) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWELVE OF THE  JUDI-
CIARY LAW AT THE TIME OF DEFENDANT'S ARREST, THE ARRESTED PERSON MUST BE
BROUGHT BEFORE SUCH LOCAL CRIMINAL COURT.
  S 5. Subdivision 2 of section 106 of the uniform justice court act, as
added by chapter 321 of the laws of 2007, is amended to read as follows:
  2.  The  chief  administrator of the courts may temporarily assign any
justice of another town or village court, or a judge of a city court, to
a town or village court within the county of such judge's  or  justice's
residence  or an adjoining county. While temporarily assigned hereunder,
any such judge or justice shall have the powers, duties and jurisdiction
of a justice of the court to which the assignment is made, INCLUDING THE
POWER TO PRESIDE OVER AN OFF-HOURS ARRAIGNMENT PART ESTABLISHED IN  SUCH
COURT  PURSUANT  TO  PARAGRAPH  (W)  OF  SUBDIVISION  ONE OF SECTION TWO
HUNDRED TWELVE OF THE JUDICIARY LAW. After the expiration of any  tempo-
rary  assignment hereunder, the judge or justice assigned shall have all
the powers, duties and jurisdiction of a judge or justice of  the  court
to  which  the  assignment  was made with respect to all matters pending
during the term of such temporary  assignment.  Such  judge  or  justice
shall  be entitled to such compensation and travel expenses as the chief
administrator shall prescribe by rule, payable out of funds appropriated
to the state judiciary for such purpose.
  S 6. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

2015-S7209A (ACTIVE) - Details

See Assembly Version of this Bill:: A10360
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-S7209A (ACTIVE) - Summary

2015-S7209A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7209A

 TITLE OF BILL :  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

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Advisory
Committee on Criminal Law and Procedure and with the endorsement of
his Local Courts Advisory Committee.

In order to facilitate the ability of local criminal courts to conduct
off-hours arraignment proceedings, this measure would amend the
Judiciary Law, the Criminal Procedure Law and the Uniform Justice
Court Act to allow for a plan of rotating arraignment parts among the
local criminal courts within each county outside New York City.

In Hurrell-Harring v New York (15 NY3d 8 (2010)), the Court of Appeals
reaffirmed the fundamental right of an indigent accused of crime to be
represented by counsel at material stages of criminal proceedings.
The Court unequivocally declared that this right attaches at an
accused's arraignment, both as a statutory obligation under New York
law (see CPL 170.10(3), 180.20(3)), and as a constitutional
requirement under the United States Supreme Court's seminal decision
in Gideon v Wainwright (372 U.S. 335 (1963)). As stated by the Court,

"nothing in the statute may be read to justify the conclusion that the
presence of defense counsel at arraignment is ever dispensable, except
at a defendant's informed option, when matters affecting the
defendant's pretrial liberty or ability subsequently to defend against
the charges are to be decided. Nor is there merit to . . .  (the)
suggestion that the Sixth Amendment right to counsel is not yet fully
implicated . . ." (15 NY3d at 21).

In practice, however, local courts, county governments and indigent
defense providers struggle to meet these critical obligations, most
notably during off-hours arraignments. In many jurisdictions, local
law enforcement do not have the ability to detain an accused in a
local lockup, either because of inadequate overnight holding
facilities or lack of staffing or both. Therefore, when a suspect is
arrested at night or on weekends, the police must ask the local judge
to re-open the courthouse to conduct an off-hours arraignment and
issue a securing order either releasing the defendant on recognizance
or authorizing detention at a county facility (see CPL 170.10(7);
180.10(6)).  Finding qualified defense counsel for indigent defendants
in these circumstances can be extremely difficult. The responsibility
for finding counsel often falls upon the individual judge, and the
nearest qualified counsel may be unreachable or unavailable.
Similarly, off-hours arraignments place great strain on indigent
defense providers and prosecutors. Inadequate county funding, long
travel times to the courthouse and too few qualified attorneys in
sparsely-populated counties can result in both prosecutors and defense
counsel being unable to attend an off-hours arraignment. The court has
limited options in such a case: failure to conduct the arraignment may
jeopardize public safety or result in unnecessary detention of the
defendant, yet issuing a securing order without defense counsel may
create serious legal and ethical issues.

The historic settlement of the Hurrell-Harring lawsuit promises some
welcome relief in this area, at least for the five counties involved
in the settlement (Onondaga, Ontario, Schuyler, Suffolk and
Washington). Among other conditions, the settlement tasks the Office
of Indigent Legal Services (ILS) with oversight and authority to
distribute grant funding to improve delivery of indigent defense
services in those counties, including money to ensure counsel at first
appearance. However, Hurrell-Harring does not address the remaining
counties in the state, and it is expected that complying with
statutory and constitutional mandates at arraignment proceedings will
continue to be challenging.

This measure is designed to facilitate the availability of public
defenders or assigned counsel for defendants in need of legal
representation at arraignments, without unduly burdening local
government or placing additional stress on each of the stakeholders in
the system, including magistrate judges, law enforcement and indigent
defense service providers. The measure broadens the jurisdiction of
local courts to conduct off-hours arraignments in special off-hours
arraignment parts, staffed by the same judges who currently preside
over arraignments. By authorizing off-hours arraignments in only a few
locations, the necessary stakeholders will benefit from having fewer
courts to cover. Additionally, local law enforcement will be able to
rely on there always being a court available to issue securing orders.
Finally, local magistrate judges, who now must be on call at all hours
and all days, will need to open their courthouses on only designated
days in accordance with a rotation schedule, published in advance,
that will provide for periodic assignment of all of the judges or
justices of the local criminal courts in the affected counties.

This measure also recognizes that many courts have evening hours, and
thus an individual local court may be available at the same time that
the off-hours part is operating. In such a case, local law enforcement
may bring the suspect to the open court for arraignment, provided that
there is a defense attorney available to represent defendant at the
arraignment. If no attorney, is available, the measure provides that
the court must direct that the arraignment be continued in the
off-hours part.

Section one of the measure adds Judiciary Law § 212(w), authorizing
the Chief Administrative Judge, after consulting with the necessary
stakeholders, and with the approval of the Administrative Board of the
Courts, to establish a plan for the designation of off-hours
arraignment parts in the local criminal courts of a county to be held
on a rotating basis.

Sections two, three and four of the measure amend CPL sections 100.55,
120.90 and 140.20 to provide that where an off-hours arraignment part
has been established in a local criminal court of a county, law
enforcement authorities must bring each person arrested in the county
while such part is operational before the part for filing of the
accusatory instrument and arraignment thereon. Following arraignment,
the off-hours court is required to remit the action to a court that
has trial jurisdiction over that action (CPL 170.15; 180.20).

Section five of the measure amends section 106 of the Uniform Justice
Court Act to add a cross-reference to § 212(w) of the Judiciary Law to
make clear that assigned judges and justices have jurisdiction to
handle matters in an off-hours arraignment part.

The measure will be effective 90 days after being signed into law and
is anticipated to realize significant savings to localities in meeting
their statutory and constitutional obligations for assigned counsel to
appear at arraignments.

 2016 LEGISLATIVE HISTORY :

OCA 2016-67R
Senate 7209 (Senator Bonacic) (referred to Judiciary)

2015-S7209A (ACTIVE) - Bill Text download pdf

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

                                 7209--A

                            I N  S E N A T E

                              April 6, 2016
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed  to the Committee on Judiciary -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14072-06-6

S. 7209--A                          2

  S 2. Section 100.55 of the criminal procedure law is amended by adding
a new subdivision 11 to read as follows:
  11.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, A LOCAL
CRIMINAL COURT ACCUSATORY INSTRUMENT MAY BE FILED WITH A LOCAL  CRIMINAL
COURT  WHILE IT IS OPERATING AN OFF-HOURS ARRAIGNMENT PART DESIGNATED IN
ACCORDANCE WITH PARAGRAPH (W) OF SUBDIVISION ONE OF SECTION TWO  HUNDRED
TWELVE OF THE JUDICIARY LAW PROVIDED THAT AN OFFENSE CHARGED THEREIN WAS
ALLEGEDLY  COMMITTED  IN THE COUNTY IN WHICH THE LOCAL CRIMINAL COURT IS
LOCATED.
  S 3. Subdivision 1 of section 120.90 of the criminal procedure law, as
amended by chapter 424 of the laws  of  1998,  is  amended  to  read  as
follows:
  1.    Upon arresting a defendant for any offense pursuant to a warrant
of arrest in the county in which the warrant is  returnable  or  in  any
adjoining  county,  or  upon so arresting him OR HER for a felony in any
other county, a police officer, if he OR SHE be one to whom the  warrant
is  addressed, must without unnecessary delay bring the defendant before
the local criminal court in which such warrant is  returnable,  PROVIDED
THAT, WHERE A LOCAL CRIMINAL COURT IN THE COUNTY IN WHICH THE WARRANT IS
RETURNABLE  HEREUNDER  IS OPERATING AN OFF-HOURS ARRAIGNMENT PART DESIG-
NATED IN ACCORDANCE WITH PARAGRAPH (W) OF SUBDIVISION ONE OF SECTION TWO
HUNDRED TWELVE OF THE JUDICIARY LAW AT THE TIME OF  DEFENDANT'S  RETURN,
SUCH  POLICE  OFFICER MAY BRING THE DEFENDANT BEFORE SUCH LOCAL CRIMINAL
COURT.
  S 4. Paragraph (d) of subdivision 1 of section 140.20 of the  criminal
procedure law, as amended by chapter 549 of the laws of 1987, is amended
and a new paragraph (e) is added to read as follows:
  (d)  If  the  arrest  is for a traffic infraction or for a misdemeanor
relating to traffic, the police officer may,  instead  of  bringing  the
arrested  person before the local criminal court of the political subdi-
vision or locality in which the offense was allegedly  committed,  bring
him  OR  HER  before the local criminal court of the same county nearest
available by highway travel to the point of arrest[.]; AND
  (E) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, WHERE A LOCAL
CRIMINAL COURT IN THE COUNTY IN WHICH THE DEFENDANT IS ARRESTED IS OPER-
ATING AN OFF-HOURS ARRAIGNMENT PART DESIGNATED IN ACCORDANCE WITH  PARA-
GRAPH  (W) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWELVE OF THE JUDI-
CIARY LAW AT THE TIME OF DEFENDANT'S ARREST, THE ARRESTED PERSON MAY  BE
BROUGHT BEFORE SUCH LOCAL CRIMINAL COURT.
  S 5. Section 170.10 of the criminal procedure law is amended by adding
a new subdivision 10 to read as follows:
  10.  NOTWITHSTANDING  ANY  CONTRARY PROVISION OF THIS SECTION, WHEN AN
OFF-HOURS ARRAIGNMENT PART DESIGNATED IN ACCORDANCE WITH  PARAGRAPH  (W)
OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW IS
IN OPERATION IN THE COUNTY IN WHICH THE COURT IS LOCATED, THE COURT MUST
ADJOURN  THE  PROCEEDINGS  BEFORE IT, AND DIRECT THAT THE PROCEEDINGS BE
CONTINUED IN SUCH OFF-HOURS PART WHEN THE DEFENDANT HAS APPEARED  BEFORE
THE  COURT  WITHOUT COUNSEL AND NO COUNSEL IS OTHERWISE AVAILABLE AT THE
TIME OF SUCH APPEARANCE TO  AID  THE  DEFENDANT,  UNLESS  THE  DEFENDANT
DESIRES  TO  PROCEED  WITHOUT THE AID OF COUNSEL AND THE COURT IS SATIS-
FIED, PURSUANT TO SUBDIVISION SIX OF THIS SECTION,  THAT  THE  DEFENDANT
MADE SUCH DECISION WITH KNOWLEDGE OF THE SIGNIFICANCE THEREOF.
  S 6. Section 180.10 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7.  NOTWITHSTANDING  ANY  CONTRARY  PROVISION OF THIS SECTION, WHEN AN
OFF-HOURS ARRAIGNMENT PART DESIGNATED IN ACCORDANCE WITH  PARAGRAPH  (W)

S. 7209--A                          3

OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW IS
IN OPERATION IN THE COUNTY IN WHICH THE COURT IS LOCATED, THE COURT MUST
ADJOURN  THE  PROCEEDINGS  BEFORE IT, AND DIRECT THAT THE PROCEEDINGS BE
CONTINUED  IN SUCH OFF-HOURS PART WHEN THE DEFENDANT HAS APPEARED BEFORE
THE COURT WITHOUT COUNSEL AND NO COUNSEL IS OTHERWISE AVAILABLE  AT  THE
TIME OF SUCH APPEARANCE TO AID THE DEFENDANT.
  S 7. Subdivision 2 of section 106 of the uniform justice court act, as
added by chapter 321 of the laws of 2007, is amended to read as follows:
  2.  The  chief  administrator of the courts may temporarily assign any
justice of another town or village court, or a judge of a city court, to
a town or village court within the county of such judge's  or  justice's
residence  or an adjoining county. While temporarily assigned hereunder,
any such judge or justice shall have the powers, duties and jurisdiction
of a justice of the court to which the assignment is made, INCLUDING THE
POWER TO PRESIDE OVER AN OFF-HOURS ARRAIGNMENT PART ESTABLISHED IN  SUCH
COURT  PURSUANT  TO  PARAGRAPH  (W)  OF  SUBDIVISION  ONE OF SECTION TWO
HUNDRED TWELVE OF THE JUDICIARY LAW. After the expiration of any  tempo-
rary  assignment hereunder, the judge or justice assigned shall have all
the powers, duties and jurisdiction of a judge or justice of  the  court
to  which  the  assignment  was made with respect to all matters pending
during the term of such temporary  assignment.  Such  judge  or  justice
shall  be entitled to such compensation and travel expenses as the chief
administrator shall prescribe by rule, payable out of funds appropriated
to the state judiciary for such purpose.
  S 8. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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