S T A T E O F N E W Y O R K
________________________________________________________________________
1957--A
Cal. No. 409
2021-2022 Regular Sessions
I N S E N A T E
January 16, 2021
___________
Introduced by Sens. HOYLMAN, ADDABBO, BIAGGI, BROOKS, GOUNARDES, HARCK-
HAM, RIVERA, THOMAS -- read twice and ordered printed, and when print-
ed to be committed to the Committee on Judiciary -- reported favorably
from said committee, ordered to first and second report, ordered to a
third reading, amended and ordered reprinted, retaining its place in
the order of third reading
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 (bb) to read as follows:
(BB) TO THE EXTENT PRACTICABLE, ESTABLISH SUCH NUMBER OF VETERANS
TREATMENT COURTS AS MAY BE NECESSARY TO FULFILL THE PURPOSES OF SUBDIVI-
SION FIVE OF SECTION 170.15, SUBDIVISION FOUR OF SECTION 180.20, SECTION
230.11 AND SECTION 230.21 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 AND THE DISTRICT ATTORNEY OF THE
ADJOINING COUNTY to another court in [an] SUCH adjoining county, that
has been designated as a human trafficking court OR VETERANS TREATMENT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02732-10-1
S. 1957--A 2
COURT by the chief administrator of the courts, and such human traffick-
ing court OR VETERANS TREATMENT COURT may then conduct such action to
[judgement] JUDGMENT or other final deposition; provided, however, that
NO COURT MAY ORDER REMOVAL PURSUANT TO THIS SUBDIVISION TO A VETERANS
TREATMENT COURT OF A FAMILY OFFENSE CHARGE DESCRIBED IN SUBDIVISION ONE
OF SECTION 530.11 OF THIS CHAPTER WHERE THE ACCUSED AND THE PERSON
ALLEGED TO BE THE VICTIM OF SUCH OFFENSE CHARGED ARE MEMBERS OF THE SAME
FAMILY OR HOUSEHOLD AS DEFINED IN SUCH SUBDIVISION ONE OF SECTION
530.11; 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 traf-
ficking 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 AND
THE DISTRICT ATTORNEY OF THE ADJOINING COUNTY to another court in [an]
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 NO COURT MAY ORDER REMOVAL PURSUANT TO THIS
SUBDIVISION TO A VETERANS TREATMENT COURT OF A FAMILY OFFENSE CHARGE
DESCRIBED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER WHERE THE
ACCUSED AND THE PERSON ALLEGED TO BE THE VICTIM OF SUCH OFFENSE CHARGED
ARE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUCH SUBDIVI-
SION ONE OF SECTION 530.11; 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
230.11 to read as follows:
S. 1957--A 3
§ 230.11 REMOVAL OF ACTION TO CERTAIN COURTS WITHIN A COUNTY.
1. IN ANY COUNTY OUTSIDE A CITY HAVING A POPULATION OF ONE MILLION OR
MORE, UPON OR AFTER ARRAIGNMENT OF A DEFENDANT ON AN INDICTMENT PENDING
IN A SUPERIOR COURT HAVING JURISDICTION THEREOF, SUCH COURT MAY, UPON
MOTION OF THE DEFENDANT AND AFTER GIVING THE DISTRICT ATTORNEY AN OPPOR-
TUNITY TO BE HEARD, ORDER THAT THE ACTION BE REMOVED FROM THE COURT IN
WHICH THE MATTER IS PENDING TO ANOTHER COURT IN THE SAME 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 JUDG-
MENT OR OTHER FINAL DISPOSITION; PROVIDED, HOWEVER, THAT NO COURT MAY
ORDER REMOVAL PURSUANT TO THIS SECTION TO A VETERANS TREATMENT COURT OF
A FAMILY OFFENSE CHARGE DESCRIBED IN SUBDIVISION ONE OF SECTION 530.11
OF THIS CHAPTER WHERE THE ACCUSED AND THE PERSON ALLEGED TO BE THE
VICTIM OF SUCH OFFENSE CHARGED ARE MEMBERS OF THE SAME FAMILY OR HOUSE-
HOLD AS DEFINED IN SUCH SUBDIVISION ONE OF SECTION 530.11; 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.
§ 5. The criminal procedure law is amended by adding a new section
230.21 to read as follows:
§ 230.21 REMOVAL OF ACTION TO CERTAIN COURTS IN 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 WITH CONSENT OF
THE DISTRICT ATTORNEY AND THE DISTRICT ATTORNEY OF THE ADJOINING COUNTY
THAT HAS A SUPERIOR COURT DESIGNATED A HUMAN TRAFFICKING COURT OR VETER-
ANS 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 NO COURT MAY ORDER REMOVAL TO
A VETERANS TREATMENT COURT OF A FAMILY OFFENSE CHARGE DESCRIBED IN
SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER PURSUANT TO THIS
SECTION WHERE THE ACCUSED AND THE PERSON ALLEGED TO BE THE VICTIM OF
SUCH OFFENSE CHARGED ARE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS
DEFINED IN SUCH SUBDIVISION ONE OF SECTION 530.11; 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 TREAT-
MENT 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
S. 1957--A 4
TREATMENT COURT SHALL PROMPTLY GIVE NOTICE TO THE DEFENDANT, HIS OR HER
COUNSEL AND THE DISTRICT ATTORNEY OF BOTH COUNTIES.
§ 6. This act shall take effect on the thirtieth day after it shall
have become a law.
