S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9870
 
                           I N  A S S E M B L Y
 
                             February 15, 2018
                                ___________
 
 Introduced  by M. of A. PAULIN, DINOWITZ, JOYNER, BARRON, BLAKE, D'URSO,
   GALEF, GOTTFRIED, JAFFEE, PICHARDO, L. ROSENTHAL, WILLIAMS, MONTESANO,
   CROUCH, DiPIETRO, PALMESANO, RAIA -- Multi-Sponsored by --  M.  of  A.
   ENGLEBRIGHT,  GIGLIO,  LUPARDO, SIMON -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law and  the  judiciary  law,  in
   relation to human trafficking courts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 170.15 of the criminal procedure law is amended  by
 adding a new subdivision 5 to read as follows:
   5.  (A) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY,
 IN ANY COUNTY OUTSIDE A CITY HAVING A POPULATION OF ONE MILLION OR MORE,
 UPON OR AFTER ARRAIGNMENT OF A DEFENDANT ON AN INFORMATION, A SIMPLIFIED
 INFORMATION, A PROSECUTOR'S INFORMATION OR A MISDEMEANOR COMPLAINT PEND-
 ING IN A LOCAL CRIMINAL COURT,  SUCH  COURT  MAY,  UPON  MOTION  OF  THE
 DEFENDANT  AND  AFTER  GIVING THE DISTRICT ATTORNEY AN OPPORTUNITY TO BE
 HEARD, ORDER THAT THE ACTION BE REMOVED FROM  THE  COURT  IN  WHICH  THE
 MATTER IS PENDING TO ANOTHER LOCAL CRIMINAL COURT IN THE SAME COUNTY, OR
 WITH  CONSENT  OF THE DISTRICT ATTORNEY TO ANOTHER COURT IN AN ADJOINING
 COUNTY, THAT HAS BEEN DESIGNATED AS A HUMAN  TRAFFICKING  COURT  BY  THE
 CHIEF  ADMINISTRATOR OF THE COURTS, AND SUCH HUMAN TRAFFICKING COURT MAY
 THEN CONDUCT  SUCH  ACTION  TO  JUDGEMENT  OR  OTHER  FINAL  DEPOSITION;
 PROVIDED,  HOWEVER,  THAT AN ORDER OF REMOVAL ISSUED UNDER THIS SUBDIVI-
 SION SHALL NOT TAKE EFFECT UNTIL FIVE DAYS AFTER THE DATE THE  ORDER  IS
 ISSUED UNLESS, PRIOR TO SUCH EFFECTIVE DATE, THE HUMAN TRAFFICKING COURT
 NOTIFIES THE COURT THAT ISSUED THE ORDER THAT:
   I.  IT  WILL NOT ACCEPT THE ACTION, IN WHICH EVENT THE ORDER SHALL NOT
 TAKE EFFECT; OR
   II. IT WILL ACCEPT THE ACTION ON A DATE PRIOR TO SUCH EFFECTIVE  DATE,
 IN WHICH EVENT THE ORDER SHALL TAKE EFFECT UPON SUCH PRIOR DATE.
   (B)  UPON  PROVIDING  NOTIFICATION PURSUANT TO SUBPARAGRAPH I OR II OF
 PARAGRAPH (A) OF THIS SUBDIVISION, THE  HUMAN  TRAFFICKING  COURT  SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14267-01-8

 A. 9870                             2
 
 PROMPTLY  GIVE  NOTICE  TO  THE  DEFENDANT,  HIS OR HER COUNSEL, AND THE
 DISTRICT ATTORNEY.
   § 2. Section 180.20 of the criminal procedure law is amended by adding
 a new subdivision 4 to read as follows:
   4.  (A) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY,
 IN ANY COUNTY OUTSIDE A CITY HAVING A POPULATION OF ONE MILLION OR MORE,
 UPON OR AFTER ARRAIGNMENT OF A DEFENDANT ON A FELONY  COMPLAINT  PENDING
 IN  A LOCAL CRIMINAL COURT HAVING PRELIMINARY JURISDICTION THEREOF, SUCH
 COURT MAY, UPON MOTION OF THE DEFENDANT AND AFTER  GIVING  THE  DISTRICT
 ATTORNEY  AN  OPPORTUNITY  TO BE HEARD, ORDER THAT THE ACTION BE REMOVED
 FROM THE COURT IN WHICH THE MATTER IS PENDING TO ANOTHER LOCAL  CRIMINAL
 COURT  IN  THE  SAME COUNTY, OR WITH CONSENT OF THE DISTRICT ATTORNEY TO
 ANOTHER COURT IN AN ADJOINING COUNTY, THAT  HAS  BEEN  DESIGNATED  AS  A
 HUMAN  TRAFFICKING  COURT  BY THE CHIEF ADMINISTRATOR OF THE COURTS, AND
 SUCH HUMAN TRAFFICKING COURT MAY THEN CONDUCT SUCH ACTION TO JUDGMENT OR
 OTHER FINAL DISPOSITION; PROVIDED, HOWEVER, THAT  AN  ORDER  OF  REMOVAL
 ISSUED  UNDER  THIS  SUBDIVISION  SHALL  NOT TAKE EFFECT UNTIL FIVE DAYS
 AFTER THE DATE THE ORDER IS ISSUED UNLESS, PRIOR TO SUCH EFFECTIVE DATE,
 THE HUMAN TRAFFICKING COURT NOTIFIES THE COURT  THAT  ISSUED  THE  ORDER
 THAT:
   I.  IT  WILL NOT ACCEPT THE ACTION, IN WHICH EVENT THE ORDER SHALL NOT
 TAKE EFFECT; OR
   II. IT WILL ACCEPT THE ACTION ON A DATE PRIOR TO SUCH EFFECTIVE  DATE,
 IN WHICH EVENT THE ORDER SHALL TAKE EFFECT UPON SUCH PRIOR DATE.
   (B)  UPON  PROVIDING  NOTIFICATION PURSUANT TO SUBPARAGRAPH I OR II OF
 PARAGRAPH (A) OF THIS SUBDIVISION, THE  HUMAN  TRAFFICKING  COURT  SHALL
 PROMPTLY  GIVE  NOTICE  TO  THE  DEFENDANT,  HIS  OR HER COUNSEL AND THE
 DISTRICT ATTORNEY.
   § 3. Subdivision 2 of section 212 of the judiciary law is  amended  by
 adding a new paragraph (w) to read as follows:
   (W)  TO  THE  EXTENT PRACTICABLE, ESTABLISH SUCH NUMBER OF HUMAN TRAF-
 FICKING COURTS AS MAY BE NECESSARY TO FULFILL THE PURPOSES  OF  SUBDIVI-
 SION  FIVE  OF  SECTION 170.15 AND SUBDIVISION FOUR OF SECTION 180.20 OF
 THE CRIMINAL PROCEDURE LAW.
   § 4. This act shall take effect immediately.