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A08855 Summary:

BILL NOA08855
 
SAME ASSAME AS S06849
 
SPONSORBrabenec
 
COSPNSRKolb, Ashby, Byrne, Byrnes, Crouch, DeStefano, DiPietro, Friend, Hawley, Lalor, Lawrence, LiPetri, Malliotakis, Manktelow, Mikulin, Montesano, Norris, Palmesano, Ra, Reilly, Salka, Schmitt, Smith, Stec, Tague, Walczyk, Walsh, Giglio, Blankenbush, Smullen, Miller B, Johns, Miller ML, Morinello, Goodell, Palumbo, Finch, Garbarino, Fitzpatrick, McDonough, Barclay
 
MLTSPNSR
 
Rpld Parts JJJ, KKK, LLL & MMM, Chap 59 of 2019; rpld Parts OO, RR & ZZ, Chap 55 of 2019
 
Repeals certain provisions relating to the issuance of securing orders to conforming changes, time limits for a speedy trial, establishing new criminal discovery rules, certain resentencing by operation of law, reducing certain sentences of imprisonment for misdemeanors to three hundred sixty-four days, requiring reports on the use of force, requiring the establishment and regular updating of a model law enforcement use of force policy suitable for adoption by any law enforcement agency in the state.
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A08855 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8855
 
SPONSOR: Brabenec
TITLE OF BILL: An act to repeal part JJJ of chapter 59 of the laws of 2019, amending the criminal procedure law relating to the issuance of securing orders and to making conforming changes; to repeal part KKK of chapter 59 of the laws of 2019, amending the criminal procedure law relating to time limits for a speedy trial; to repeal part LLL of chapter 59 of the laws of 2019, amending the criminal procedure law and the penal law relating to establishing new criminal discovery rules; to repeal part MMM of chapter 59 of the laws of 2019, amending the penal law relating to certain resentencing by operation of law; to repeal part OO of chapter 55 of the laws of 2019, amending the penal law and the criminal proce- dure law relating to reducing certain sentences of imprisonment for misdemeanors to three hundred sixty-four days; to repeal part RR of chapter 55 of the laws of 2019, amending the executive law relating to requiring reports on the use of force; and to repeal part ZZ of chapter 55 of the laws of 2019, amending the executive law relating to requiring the establishment and regular updating of a model law enforcement use of force policy suitable for adoption by any law enforcement agency in the state   PURPOSE: To repeal the Criminal Justice Reforms enacted in Chapters 55 and 59 of the Laws of 2019.   SUMMARY OF PROVISIONS: Section 1. Part JJJ of chapter 59 of the laws of 2019, amending the criminal procedure law in relation to bail reform is REPEALED. Section 2. Part KKK of chapter 59 of the laws of 2019, amending the criminal procedure law in relation to access to a speedy trial is REPEALED. Section 3. Part LLL of chapter 59 of the laws of 2019, amending the criminal procedure law and the penal law in relation to discovery reform is REPEALED. Section 4. Part MMM of chapter 59 of the laws of 2019, amending the penal law in relation to reducing misdemeanor sentences to three hundred and sixty four days is REPEALED. Section 5. Part 00 of chapter 55 of the laws of 2019, amending the penal law and the criminal procedure law in relation to reducing misdemeanor sentences to three hundred and sixty four days is REPEALED. Section 6. Part RR of chapter 55 of the laws of 2019, amending the exec- utive law in relation to use of force reporting is REPEALED. Section 7. Part 77 of chapter 55 of the laws of 2019, amending the exec- utive law in relation to use of force policy is REPEALED. Section 8. Contains the effective date.   JUSTIFICATION: This legislation is necessary to ensure public safety in New York State by repealing the Criminal Justice Reforms enacted in the 2019-20 State Budget.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A08855 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8855
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 18, 2019
                                       ___________
 
        Introduced  by  M.  of  A. BRABENEC, KOLB, ASHBY, BYRNE, BYRNES, CROUCH,
          DeSTEFANO, DiPIETRO, FRIEND, HAWLEY, LALOR, LAWRENCE, LiPETRI, MALLIO-
          TAKIS, MANKTELOW, MIKULIN, MONTESANO, NORRIS, PALMESANO,  RA,  REILLY,
          SALKA,  SCHMITT,  SMITH,  STEC, TAGUE, WALCZYK, WALSH -- read once and
          referred to the Committee on Codes

        AN ACT to repeal part JJJ of chapter 59 of the laws  of  2019,  amending
          the criminal procedure law relating to the issuance of securing orders
          and  to making conforming changes; to repeal part KKK of chapter 59 of
          the laws of 2019, amending the criminal procedure law relating to time
          limits for a speedy trial; to repeal part LLL of  chapter  59  of  the
          laws  of  2019,  amending the criminal procedure law and the penal law
          relating to establishing new criminal discovery rules; to repeal  part
          MMM of chapter 59 of the laws of 2019, amending the penal law relating
          to  certain  resentencing  by  operation  of law; to repeal part OO of
          chapter 55 of the laws of 2019, amending the penal law and the  crimi-
          nal  procedure law relating to reducing certain sentences of imprison-
          ment for misdemeanors to three hundred sixty-four days; to repeal part
          RR of chapter 55 of the laws  of  2019,  amending  the  executive  law
          relating  to requiring reports on the use of force; and to repeal part
          ZZ of chapter 55 of the laws  of  2019,  amending  the  executive  law
          relating  to  requiring  the  establishment  and regular updating of a
          model law enforcement use of force policy suitable for adoption by any
          law enforcement agency in the state
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Part  JJJ of chapter 59 of the laws of 2019, amending the
     2  criminal procedure law relating to the issuance of securing  orders  and
     3  to making conforming changes is REPEALED.
     4    § 2. Part KKK of chapter 59 of the laws of 2019, amending the criminal
     5  procedure law relating to time limits for a speedy trial is REPEALED.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14195-01-9

        A. 8855                             2
 
     1    § 3. Part LLL of chapter 59 of the laws of 2019, amending the criminal
     2  procedure  law  and  the penal law relating to establishing new criminal
     3  discovery rules is REPEALED.
     4    §  4.  Part  MMM of chapter 59 of the laws of 2019, amending the penal
     5  law relating to certain resentencing by operation of law is REPEALED.
     6    § 5. Part OO of chapter 55 of the laws of 2019, amending the penal law
     7  and the criminal procedure law relating to reducing certain sentences of
     8  imprisonment for  misdemeanors  to  three  hundred  sixty-four  days  is
     9  REPEALED.
    10    § 6. Part RR of chapter 55 of the laws of 2019, amending the executive
    11  law relating to requiring reports on the use of force is REPEALED.
    12    § 7. Part ZZ of chapter 55 of the laws of 2019, amending the executive
    13  law  relating  to  requiring the establishment and regular updating of a
    14  model law enforcement use of force policy suitable for adoption  by  any
    15  law enforcement agency in the state is REPEALED.
    16    § 8. This act shall take effect immediately.
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