NY State Senate Bill 2019-S5059A

Senate Bill S5059A

2019-2020 Legislative Session

Authorizes the chief administrator of the courts to establish veterans treatment courts; and relates to the removal of certain actions to veterans treatment courts

download bill text pdf

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 17, 2020	print number 5059a
Jan 17, 2020	amend and recommit to veterans, homeland security and military affairs
Jan 08, 2020	referred to veterans, homeland security and military affairs
Apr 05, 2019	referred to veterans, homeland security and military affairs

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S5059 - Details

See Assembly Version of this Bill:: A8360
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Judiciary Law
Laws Affected:: Amd §212, Judy L; amd §§170.15 & 180.20, add §230.21, CP L
Versions Introduced in 2021-2022 Legislative Session:: S1957, A5719

2019-S5059 - Summary

Authorizes the chief administrator of the courts to establish veterans treatment courts; and relates to the removal of certain actions to veterans treatment courts.

2019-S5059 - Sponsor Memo

                                
 
BILL NUMBER: S5059

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the judiciary law, in relation to
authorizing the chief administrator of the courts to establish veterans
treatment courts; and to amend the criminal procedure law, in relation
to the removal of certain actions to veterans treatment courts

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill will immediately and dramatically increase the number of coun-
ties in which veterans charged with criminal offenses have access to the
proven benefits of a veterans treatment court. Moreover, this act also
calls for the establishment of such number of veteran treatment courts
as may be necessary to fulfill the act's purpose to help provide all
veterans in the state with access to such courts.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends section 212 of the Judiciary Law (Functions
of the chief administrator of the courts) to allow for the establishment

of such a number of veteran treatment courts as may be necessary to
fulfill the purpose of this act.

Section 2 of the bill amends section 170.15 of the Criminal Procedure
Law (Removal of action from one local criminal court to another) to
require the consent of a district attorney before the court may order
removal to another local criminal court in the same county where the
accused and victim are family or from the same household and adjoining
counties to veteran treatment courts.

Section 3 of the bill amends section 180.20 of the Criminal Procedure
Law (Proceedings upon felony complaint; removal of action from one local
criminal court to another) to require the consent of a district attorney
before the court may order removal to another local criminal court in
the same county where the accused and victim are family or from the same
household and to and adjoining counties veteran treatment courts.

Section 4 of the bill amends the Criminal Procedure law by adding
section 230.21 (Removal of action to an adjoining county) to require the
consent of the district attorney in an adjoining county that has the
veteran treatment court to remove the case from the court in which the
action is currently pending. Consent of the district attorney is
required before the court may order removal to another local criminal
court in the same county where the accused and victim are family or from
the same household.

Section 5 of the bill is the effective date.

 
JUSTIFICATION:

New York owes an enduring debt to the brave men and women who have
served in our nation's armed forces. We must not fail to recognize that
when our veterans return from service, their transition to civilian life
is not always an easy one and can be marked by depression, other forms
of mental illness and substance abuse. In addition, studies have shown
that trauma a soldier suffers while deployed is a major contributing
factor to low level, but often, persistent, criminal activity.

New York stands in the vanguard for treating veterans who have engaged
in criminal conduct following their return to civilian life. In 2008,
the nation's first veterans treatment court was started in Buffalo city
court. While New York now has thirty-five veterans treatment courts, not
all of New York's veterans live in a county that currently has such a
court.

In order to broaden the availability of veteran treatment courts to all
veterans, this act would authorize the transfer of a criminal case
against a veteran where the charges are pending in a criminal court that
is not a veterans treatment court to another criminal court in the same
county or an adjoining county that is a veterans treatment court.
Following the successful "drug hub courts" and "human traffic inter-
vention court" models, the process would be triggered by an application
by the defendant to the court. After giving the district attorney an
opportunity to be heard and, for removal to an adjoining county, the
consent of the district attorney of the adjoining county, the court may
before the court may order removal to anoth6r local criminal court in
the same county where the accused and victim are family or from the same
household the case to an appropriate veterans treatment court.

 
LEGISLATIVE HISTORY:

None, new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5059 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5059
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 5, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs
 
 AN ACT to amend the judiciary law, in relation to authorizing the  chief
   administrator  of  the  courts to establish veterans treatment courts;
   and to amend the criminal procedure law, in relation to the removal of
   certain actions to veterans treatment courts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section  212  of the judiciary law is
 amended by adding a new paragraph (x) to read as follows:
   (X) TO THE EXTENT  PRACTICABLE,  ESTABLISH  SUCH  NUMBER  OF  VETERANS
 TREATMENT COURTS AS MAY BE NECESSARY TO FULFILL THE PURPOSES OF SUBDIVI-
 SION  FOUR  OF SECTION 170.15 AND SUBDIVISION THREE OF SECTION 180.20 OF
 THE CRIMINAL PROCEDURE LAW.
   § 2. Subdivision 5 of section 170.15 of the criminal procedure law, as
 added by chapter 191 of the laws of 2018, is amended 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]  OF  an
 adjoining  county,  TO  A  COURT  IN SUCH ADJOINING COUNTY that has been
 designated as a human trafficking court OR VETERANS TREATMENT  COURT  by
 the  chief administrator of the courts, and such human trafficking court
 OR VETERANS TREATMENT COURT may then conduct such action to  [judgement]
 JUDGMENT  or other final deposition; provided, however, that THE CONSENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11046-01-9

 S. 5059                             2
 
 OF THE DISTRICT ATTORNEY SHALL BE REQUIRED BEFORE THE  COURT  MAY  ORDER
 REMOVAL  TO  ANOTHER  LOCAL  CRIMINAL COURT IN THE SAME COUNTY WHERE THE
 ACCUSED AND THE PERSON ALLEGED TO BE THE VICTIM OF  AN  OFFENSE  CHARGED
 ARE  MEMBERS  OF  THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION
 ONE OF SECTION 530.11 OF THIS CHAPTER;  AND  PROVIDED  FURTHER  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 OR VETERANS TREATMENT  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 OR VETER-
 ANS TREATMENT COURT shall promptly give notice to the defendant, his  or
 her counsel, and the district attorney.
   § 3. Subdivision 4 of section 180.20 of the criminal procedure law, as
 added by chapter 191 of the laws of 2018, is amended 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] OF an adjoining county, TO A COURT IN  SUCH  ADJOINING
 COUNTY that has been designated as a human trafficking court OR VETERANS
 TREATMENT COURT by the chief administrator of the courts, and such human
 trafficking  court  OR  VETERANS  TREATMENT  COURT may then conduct such
 action to judgment or other final disposition; provided,  however,  that
 THE  CONSENT OF THE DISTRICT ATTORNEY SHALL BE REQUIRED BEFORE THE COURT
 MAY ORDER REMOVAL TO ANOTHER LOCAL CRIMINAL COURT  IN  THE  SAME  COUNTY
 WHERE  THE ACCUSED AND THE PERSON ALLEGED TO BE THE VICTIM OF AN OFFENSE
 CHARGED ARE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDI-
 VISION ONE OF SECTION 530.11 OF THIS CHAPTER; AND  PROVIDED  FURTHER  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 OR VETERANS TREATMENT  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 OR VETER-
 ANS TREATMENT COURT shall promptly give notice to the defendant, his  or
 her counsel and the district attorney.
   §  4.  The  criminal  procedure law is amended by adding a new section
 230.21 to read as follows:
 § 230.21 REMOVAL OF ACTION TO AN ADJOINING COUNTY.
   1. IN ANY COUNTY OUTSIDE A CITY HAVING A POPULATION OF ONE MILLION  OR
 MORE,  THE  COURT MAY, UPON MOTION OF THE DEFENDANT AND AFTER GIVING THE
 DISTRICT ATTORNEY AN OPPORTUNITY TO BE HEARD, AND WITH  CONSENT  OF  THE
 DISTRICT  ATTORNEY  OF  AN  ADJOINING  COUNTY  THAT HAS A SUPERIOR COURT

 S. 5059                             3
 
 DESIGNATED A VETERANS TREATMENT COURT BY THE CHIEF ADMINISTRATOR OF  THE
 COURTS,  ORDER  THAT THE INDICTMENT AND ACTION BE REMOVED FROM THE COURT
 IN WHICH THE MATTER IS PENDING TO SUCH VETERANS TREATMENT COURT,  WHERE-
 UPON  SUCH COURT MAY THEN CONDUCT SUCH ACTION TO JUDGMENT OR OTHER FINAL
 DISPOSITION; PROVIDED, HOWEVER, THAT THE CONSENT OF THE DISTRICT  ATTOR-
 NEY  OF  THE COUNTY IN WHICH THE ACTION AND INDICTMENT ARE PENDING SHALL
 BE REQUIRED BEFORE THE COURT  MAY  ORDER  REMOVAL  HEREUNDER  WHERE  THE
 ACCUSED  AND  THE  PERSON ALLEGED TO BE THE VICTIM OF AN OFFENSE CHARGED
 ARE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS  DEFINED  IN  SUBDIVISION
 ONE  OF  SECTION  530.11  OF  THIS CHAPTER; AND PROVIDED FURTHER 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  VETERANS  TREATMENT COURT NOTIFIES THE COURT THAT
 ISSUED THE ORDER THAT:
   (A) IT WILL NOT ACCEPT THE ACTION, IN WHICH EVENT THE ORDER SHALL  NOT
 TAKE EFFECT, OR
   (B)  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.
   2. UPON PROVIDING NOTIFICATION PURSUANT TO PARAGRAPH  (A)  OR  (B)  OF
 SUBDIVISION  ONE  OF  THIS  SECTION,  THE VETERANS TREATMENT COURT SHALL
 PROMPTLY GIVE NOTICE TO THE  DEFENDANT,  HIS  OR  HER  COUNSEL  AND  THE
 DISTRICT ATTORNEY OF BOTH COUNTIES.
   § 5. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2019-S5059A (ACTIVE) - Details

See Assembly Version of this Bill:: A8360
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Judiciary Law
Laws Affected:: Amd §212, Judy L; amd §§170.15 & 180.20, add §230.21, CP L
Versions Introduced in 2021-2022 Legislative Session:: S1957, A5719

2019-S5059A (ACTIVE) - Summary

Authorizes the chief administrator of the courts to establish veterans treatment courts; and relates to the removal of certain actions to veterans treatment courts.

2019-S5059A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5059A

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the judiciary law, in relation to authorizing the chief
administrator of the courts to establish veterans treatment courts; and
to amend the criminal procedure law, in relation to the removal of
certain actions to veterans treatment courts

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill will immediately and dramatically increase the number of coun-
ties in which veterans charged with criminal offenses have access to the
proven benefits of a veterans treatment court. Moreover, this act also
calls for the establishment of such number of veteran treatment courts
as may be necessary to fulfill the act's purpose to help provide all
veterans in the state with access to such courts.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends section 212 of the Judiciary Law (Functions
of the chief administrator of the courts) to allow for the establishment
of such a number of veteran treatment courts as may be necessary to
fulfill the purpose of this act.

Section 2 of the bill amends section 170.15 of the Criminal Procedure
Law (Removal of action from one local criminal court to another) to
authorize the removal of a misdemeanor action from a local criminal
court to a veterans treatment court in an adjoining county, with the
consent of the District Attorney from the receiving county. The bill
also requires the consent of the originating county's District Attorney
before the court may order removal to a veterans treatment court or
human trafficking court in an adjoining county where the accused and
victim are family or from the same household.

Section 3 of the bill amends section 180.20 of the Criminal Procedure
Law (Proceedings upon felony complaint; removal of action from one local
criminal court to another) to authorize the removal of a felony action
from a local criminal court to a veterans treatment court in an adjoin-
ing county, with the consent of the District Attorney from the receiving
county. The bill also requires the consent of the originating county's
District Attorney before the court may order removal to a veterans
treatment court or human trafficking court in an adjoining county where
the accused and victim are family or from the same household.

Section 4 of the bill amends the Criminal Procedure law by adding
section 230.21 (Removal of action to an adjoining county) to authorize
the removal of a felony action from a superior court to a human traf-
ficking or veterans treatment court in an adjoining county, with the
consent of the District Attorney from the receiving county. The bill
also requires the consent of the originating county's District Attorney
before the court may order removal to a veterans treatment court or
human trafficking court in an adjoining county where the accused and
victim are family or from the same household.

Section 5 of the bill is the effective date. JUSTIFICATION:  New York
owes an enduring debt to the brave men and women who have served in our
nation's armed forces. We must not fail to recognize that when our
veterans return from service, their transition to civilian life is not
always an easy one and can be marked by depression, other forms of
mental illness and substance abuse. In addition, studies have shown that
trauma a soldier suffers while deployed is a major contributing factor
to low level, but often, persistent, criminal activity.

New York stands in the vanguard for treating veterans who have engaged
in criminal conduct following their return to civilian life. In 2008,
the nation's first veterans treatment court was started in Buffalo city
court. While New York now has thirty-five veterans treatment courts, not
all of New York's veterans live in a county that currently has such a
court.

In order to broaden the availability of veteran treatment courts to all
veterans, this act would authorize the transfer of a criminal case
against a veteran where the charges are pending in a criminal court in a
county that does not have a veterans treatment court to a veterans
treatment court in an adjoining county.

Following the successful "drug hub courts" and "human traffic inter-
vention court" models, the process would be triggered by an application
by the defendant to the court. After giving the District Attorney of the
originating county an opportunity to be heard, and with the consent of
the receiving county's District Attorney, the court may order the
removal of the action to a veterans treatment court in an adjoining
county. The consent of the originating District Attorney would also be
required in cases where the accused and victim are family or from the
same household.

 
LEGISLATIVE HISTORY:

None, new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5059A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5059--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 5, 2019
                                ___________
 
 Introduced  by Sens. HOYLMAN, ADDABBO, BIAGGI, BROOKS, GOUNARDES -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Veterans,  Homeland  Security  and  Military Affairs --
   recommitted to the Committee on Veterans, Homeland Security and  Mili-
   tary  Affairs  in  accordance  with Senate Rule 6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the judiciary law, in relation to authorizing the  chief
   administrator  of  the  courts to establish veterans treatment courts;
   and to amend the criminal procedure law, in relation to the removal of
   certain actions to veterans treatment courts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section  212  of the judiciary law is
 amended by adding a new paragraph (aa) to read as follows:
   (AA) TO THE EXTENT PRACTICABLE,  ESTABLISH  SUCH  NUMBER  OF  VETERANS
 TREATMENT COURTS AS MAY BE NECESSARY TO FULFILL THE PURPOSES OF SUBDIVI-
 SION  FOUR  OF SECTION 170.15 AND SUBDIVISION THREE OF SECTION 180.20 OF
 THE CRIMINAL PROCEDURE LAW.
   § 2. Subdivision 5 of section 170.15 of the criminal procedure law, as
 added by chapter 191 of the laws of 2018, is amended 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

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

                                                            LBD11046-06-9

 S. 5059--A                          2

 chief administrator of the courts, and such human trafficking court]  TO
 REMOVE THE ACTION TO A COURT IN AN ADJOINING COUNTY THAT HAS BEEN DESIG-
 NATED  AS  A  HUMAN TRAFFICKING COURT OR VETERANS TREATMENT COURT BY THE
 CHIEF  ADMINISTRATOR OF THE COURTS, AND AFTER GIVING THE DISTRICT ATTOR-
 NEY AN OPPORTUNITY TO BE HEARD AND WITH  THE  CONSENT  OF  THE  DISTRICT
 ATTORNEY  OF THE ADJOINING COUNTY, ORDER THAT THE ACTION BE REMOVED FROM
 THE COURT IN WHICH THE MATTER IS PENDING TO SUCH HUMAN TRAFFICKING COURT
 OR VETERANS TREATMENT COURT, WHEREUPON SUCH COURT may then conduct  such
 action  to  [judgement]  JUDGMENT  or  other final deposition; provided,
 however, that THE CONSENT OF THE DISTRICT  ATTORNEY  OF  THE  COUNTY  IN
 WHICH THE ACTION AND INDICTMENT ARE PENDING SHALL BE REQUIRED BEFORE THE
 COURT  MAY  ORDER  REMOVAL  HEREUNDER  WHERE  THE ACCUSED AND THE PERSON
 ALLEGED TO BE THE VICTIM OF AN OFFENSE CHARGED ARE MEMBERS OF  THE  SAME
 FAMILY  OR  HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF
 THIS CHAPTER; AND PROVIDED FURTHER 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 OR VETERANS TREATMENT 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 OR VETER-
 ANS TREATMENT COURT shall promptly give notice to the defendant, his  or
 her counsel, and the district attorney.
   § 3. Subdivision 4 of section 180.20 of the criminal procedure law, as
 added by chapter 191 of the laws of 2018, is amended 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] OF an adjoining county, TO A COURT IN  SUCH  ADJOINING
 COUNTY that has been designated as a human trafficking court OR VETERANS
 TREATMENT COURT by the chief administrator of the courts, and such human
 trafficking  court  OR  VETERANS  TREATMENT  COURT may then conduct such
 action to judgment or other final disposition; provided,  however,  that
 THE  CONSENT  OF THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE ACTION
 IS PENDING SHALL BE REQUIRED BEFORE THE COURT MAY  ORDER  REMOVAL  HERE-
 UNDER  WHERE  THE  ACCUSED AND THE PERSON ALLEGED TO BE THE VICTIM OF AN
 OFFENSE CHARGED ARE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD  AS  DEFINED
 IN  SUBDIVISION  ONE  OF  SECTION  530.11  OF THIS CHAPTER; AND PROVIDED
 FURTHER 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 OR VETERANS TREAT-
 MENT 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.

 S. 5059--A                          3
 
   (b) Upon providing notification pursuant to subparagraph i  or  ii  of
 paragraph (a) of this subdivision, the human trafficking court OR VETER-
 ANS  TREATMENT COURT shall promptly give notice to the defendant, his or
 her counsel and the district attorney.
   §  4.  The  criminal  procedure law is amended by adding a new section
 230.21 to read as follows:
 § 230.21 REMOVAL OF ACTION TO AN ADJOINING COUNTY.
   1. IN ANY COUNTY OUTSIDE A CITY HAVING A POPULATION OF ONE MILLION  OR
 MORE,  THE  COURT MAY, UPON MOTION OF THE DEFENDANT AND AFTER GIVING THE
 DISTRICT ATTORNEY AN OPPORTUNITY TO BE HEARD, AND WITH  CONSENT  OF  THE
 DISTRICT  ATTORNEY  OF  AN  ADJOINING  COUNTY  THAT HAS A SUPERIOR COURT
 DESIGNATED A HUMAN TRAFFICKING COURT OR VETERANS TREATMENT COURT BY  THE
 CHIEF  ADMINISTRATOR OF THE COURTS, ORDER THAT THE INDICTMENT AND ACTION
 BE REMOVED FROM THE COURT IN WHICH THE MATTER IS PENDING TO  SUCH  HUMAN
 TRAFFICKING  COURT OR VETERANS TREATMENT COURT, WHEREUPON SUCH COURT MAY
 THEN CONDUCT  SUCH  ACTION  TO  JUDGMENT  OR  OTHER  FINAL  DISPOSITION;
 PROVIDED,  HOWEVER,  THAT  THE  CONSENT  OF THE DISTRICT ATTORNEY OF THE
 COUNTY IN WHICH THE ACTION AND INDICTMENT ARE PENDING SHALL BE  REQUIRED
 BEFORE  THE  COURT MAY ORDER REMOVAL HEREUNDER WHERE THE ACCUSED AND THE
 PERSON ALLEGED TO BE THE VICTIM OF AN OFFENSE CHARGED ARE MEMBERS OF THE
 SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11
 OF THIS CHAPTER; AND PROVIDED FURTHER 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 OR VETERANS TREATMENT COURT NOTIFIES  THE  COURT  THAT
 ISSUED THE ORDER THAT:
   (A)  IT WILL NOT ACCEPT THE ACTION, IN WHICH EVENT THE ORDER SHALL NOT
 TAKE EFFECT, OR
   (B) 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.
   2.  UPON  PROVIDING  NOTIFICATION  PURSUANT TO PARAGRAPH (A) OR (B) OF
 SUBDIVISION ONE OF THIS SECTION, THE HUMAN TRAFFICKING COURT OR VETERANS
 TREATMENT COURT SHALL PROMPTLY GIVE NOTICE TO THE DEFENDANT, HIS OR  HER
 COUNSEL AND THE DISTRICT ATTORNEY OF BOTH COUNTIES.
   § 5. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5059A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Bill Amendments

co-Sponsors

2019-S5059 - Details

2019-S5059 - Summary

2019-S5059 - Sponsor Memo

2019-S5059 - Bill Text download pdf

co-Sponsors

2019-S5059A (ACTIVE) - Details

2019-S5059A (ACTIVE) - Summary

2019-S5059A (ACTIVE) - Sponsor Memo

2019-S5059A (ACTIVE) - Bill Text download pdf

Comments