S T A T E O F N E W Y O R K
________________________________________________________________________
5205
2021-2022 Regular Sessions
I N A S S E M B L Y
February 12, 2021
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to payment of
certain costs associated with the psychiatric examination of defend-
ants to determine mental fitness
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7 of section 730.20 of the criminal procedure
law, as amended by chapter 692 of the laws of 1972, is amended to read
as follows:
7. A psychiatric examiner is entitled to his reasonable traveling
expenses, a fee of fifty dollars for each examination of a defendant and
a fee of fifty dollars for each appearance at a court hearing or trial
but not exceeding two hundred dollars in fees for examination and testi-
mony in any one case; except that if such psychiatric examiner be an
employee of the state of New York he shall be entitled only to reason-
able traveling expenses, unless such psychiatric examiner makes the
examination or appears at a court hearing or trial outside his hours of
state employment in a county in which the director of community mental
health services certifies to the fiscal officer thereof that there is a
shortage of qualified psychiatrists available to conduct examinations
under the criminal procedure law in such county, in which event he shall
be entitled to the foregoing fees and reasonable traveling expenses.
Such fees and traveling expenses and the costs of sending a defendant to
another place of detention or to a hospital for examination, of his
maintenance therein and of returning him shall, when approved by the
court, be a charge of the [county in which the defendant is being tried]
STATE.
§ 2. This act shall take effect immediately and shall apply to
expenses occurring on and after such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02489-01-1