Provides for establishment of gun court calendars in criminal courts

1 Co-sponsor

• Adriano Espaillat

BILL NUMBER:S2294

Title of bill

An act to amend the criminal procedure law, in relation to establishing gun court calendars in the criminal courts

Purpose/summary of provisions

The bill would amend the New York State Criminal Procedure Law to create a gun court calendar designed to exclusively hear gun related cases. The presiding justice of the criminal court in the state shall create a gun court calendar for the effected counties and shall assign personnel to process all criminal cases tried by the court. All trials assigned to the court will be scheduled within sixty days of the completion of discovery. No continuances or postponements shall be granted except for good cause shown. Necessary continuances will be granted for the shortest practicable time. The goals of the court are to reduce the number of gun cases and ensure that perpetrators serve prison time.

Justification

Findings indicate that there has been significant growth in the use of firearms in the commission of violent crimes. According to New York City police officials, guns were used in 34.2% of the 143,654 felonies committed in the City in 1993.

This constitutes:

*47,991 felonies committed involving handguns

*784 felonies committed involving shotguns

*145 felonies committed involving rifles

*254 felonies committed involving machine guns

Figures for the State are equally bleak. According to the New York State Division of Criminal Justice Services, reported homicides committed with guns in 1993 totaled 1,739. Also, it is estimated that in 1994 over 9,600 individuals were arrested whose most serious charge at arrest involved firearm and armed felony offenses. Many of the shootings are drug or gang related and endanger law abiding citizens. Additionally, many of the gun offenses are committed while individuals are free on bail for other offenses. The growing number of gun related offenses constitutes a burden upon the State of New York and threatens the domestic tranquility of the State and its people. Especially affected are residents of the urban areas where these crimes are most prevalent. The Legislature recognizes that in order to deter the use of firearms in the commission of violent crime, and to protect the law abiding public, there must be swift disposition of gun related offenses. By placing repeat offenders prone to weapon use in jail within months of their crime for a longer duration of time, crime will fall dramatically. Similar legislation has been successfully implemented in Rhode Island and has been supported by both the NRA and gun control groups.

Effective date

This act shall take effect thirty days after the date upon which it shall have become a law.