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A8195Assembly2017-2018 SessionSame asS2165

Let Judges Arraign Anywhere Needed

Official title

“Relates to the location of presiding judge at arraignment, appearance proceedings and pursuant to a warrant”

Sponsor Frank SkartadosAD-104Affects Legal
Status
Stricken
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill allows justices to preside over arraignments or appearance proceedings anywhere in the county under certain emergency conditions.

Why it matters

  1. Ensures continuity of justice during emergencies. By allowing justices to preside over critical court proceedings anywhere in the county when local justices are unavailable, the bill helps prevent legal delays during emergencies, holidays, or other unusual circumstances.

  2. Creates formal emergency protocols. The bill requires an emergency plan, established by the chief court administrator, to be in place before justices can act outside their usual jurisdiction, adding oversight and structure to the process.

  3. Prioritizes local judicial presence. The legislation mandates that all local options be exhausted—including checking with justices in both the incident municipality and contiguous areas—before a justice from elsewhere can preside, maintaining respect for local jurisdiction as a first resort.

  4. Impacts defendants and law enforcement. By clarifying how and when arraignments and appearance proceedings can occur county-wide, the bill could reduce wait times for defendants in custody and streamline law enforcement procedures during periods when local justices are unavailable.

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Who cares

Headline styles

Let Judges Arraign Anywhere Needed

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Frank Skartados

Assembly Member · Assembly District 104

No co-sponsors yet.

History

  1. Enacting clause stricken
  2. Referred to judiciary
  3. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S2165Senate

Allow Remote Judge Arraignments

In Senate Committee · Rules · Sponsor Susan Serino

Impact 3 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

8195

2017-2018 Regular Sessions

IN ASSEMBLY

June 2, 2017

Introduced by M. of A. SKARTADOS -- read once and referred to the Committee on Judiciary

AN ACT to amend the uniform justice court act, in relation to the location of the presiding justice in certain circumstances

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 1 of section 106 of the uniform justice court act, as amended by section 1 of part L of chapter 56 of the laws of 2010, is amended to read as follows:

1. A justice may hold court anywhere in the municipality including in the case of a town justice anywhere within a village wholly or partly contained within the town of which he is a justice regardless of whether or not said village has a village court and in the event two or more contiguous villages maintain offices in the same building, a village justice of any such village may hold court in such building, notwithstanding that the building is outside the boundaries of such village. A town justice may hold court in an adjacent town providing such justice has been elected or holds office pursuant to a plan established by resolution which was adopted pursuant to the provisions of section one hundred six-a of this article or the provisions of section one hundred six-b of this article. A justice may hold court in one or more municipalities that form a contiguous geographic area, including in a town and one or more villages each of which is wholly or partly contained within such town, within the same county providing there is an agreement between such municipalities pursuant to article [five-g] five-G of the general municipal law to hold all court proceedings in any of the such municipalities in a courtroom or other suitable facility open to the public. For purposes of arraignments, appearance proceedings or pursuant to a warrant, a justice may preside anywhere in the county provided that:

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01650-01-7

A. 8195 2

a. a justice cannot be secured in the municipality where the incident occurred;

b. the receiving municipality has been contacted and cannot secure any of the justices within the contiguous boundary; and

c. the justice is assigned pursuant to an emergency plan that may be established by the chief administrator of the courts within the jurisdiction when the requirements under paragraphs a and b of this subdivision have been exhausted.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.