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.