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A05719 Summary:

BILL NOA05719A
 
SAME ASSAME AS S01957-A
 
SPONSORGalef
 
COSPNSRStirpe, Hunter, McDonough, Manktelow, Walker, Barrett, Buttenschon, Griffin, Steck, Lupardo, Peoples-Stokes, Perry, Abinanti, Seawright, Santabarbara, Cusick, Otis, Norris, Stern, Burdick, Woerner, Thiele, Clark, Hevesi, McDonald, Hawley, Gandolfo, Simpson, Ashby, Lawler
 
MLTSPNSR
 
Amd §212, Judy L; amd §§170.15 & 180.20, add §§230.11 & 230.21, CP L
 
Authorizes the chief administrator of the courts to establish veterans treatment courts; relates to the removal of certain actions to veterans treatment courts.
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A05719 Actions:

BILL NOA05719A
 
02/24/2021referred to judiciary
03/09/2021amend and recommit to judiciary
03/09/2021print number 5719a
03/15/2021reported referred to codes
03/15/2021reported referred to ways and means
03/15/2021reported referred to rules
03/15/2021reported
03/15/2021rules report cal.41
03/15/2021ordered to third reading rules cal.41
03/16/2021passed assembly
03/16/2021delivered to senate
03/16/2021REFERRED TO JUDICIARY
03/24/2021SUBSTITUTED FOR S1957A
03/24/20213RD READING CAL.409
03/24/2021PASSED SENATE
03/24/2021RETURNED TO ASSEMBLY
03/29/2021delivered to governor
03/29/2021signed chap.91
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A05719 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5719A
 
SPONSOR: Galef
  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: This legislation will immediately and dramatically increase the number of counties in which veterans treatment courts are located. 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 PROVISIONS: Section 1 amends § 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 amends § 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 veter- ans treatment court in an adjoining county, with the consent of the District Attorney from the receiving county. The bill prohibits removal to a veterans treatment court in an adjoining county where the accused and victim are family or from the same household. Section 3 amends § 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 adjoining county, with the consent of the District Attorney from the receiving county. The bill prohibits removal to a veterans treatment court or human traffick- ing court in an adjoining county where the accused and victim are family or from the same household. Section 4 adds a new § 230.11 (Removal of action to certain courts with- in a county) to allow for transfer to a human trafficking or veterans treatment court following indictment provided that such offense does not include cases where the accused and victim are family or from the same household. Section 5 amends the Criminal Procedure law by adding § 230.21 (Removal of action to an adjoining county) to authorize the removal of a felony action from a superior court to a human trafficking or veterans treat- ment court in an adjoining county, with the consent of the District Attorney from the receiving county. The bill prohibits 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 house- hold.Section 6 of the bill is the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): The A print contains technical revisions, including clarification of when D.A. consent is required.   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 intervention 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 opportu- nity 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, except in cases where the accused and victim are family or from the same household.   PRIOR LEGISLATIVE HISTORY: A. 8360-A and S. 5059-A of 2019/2020   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: No fiscal impact.   EFFECTIVE DATE: This act shall take effect immediately.
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