What's happening
This bill establishes special gun court calendars in New York criminal courts to expedite trials involving crimes committed with firearms.
Why it matters
Creates a dedicated "gun court calendar," potentially increasing judicial focus and expertise on firearm-related cases, which could influence case outcomes and sentencing.
Mandates that trials on the gun court calendar begin within 60 days after discovery is completed, aiming to limit delays and possibly affecting defense and prosecution preparation times.
Tightly restricts trial continuances for these cases, only allowing them for "good cause" and for the shortest time necessary, which could reduce opportunities to postpone trials and pressure all parties to proceed more quickly.
Specifically prohibits defendants from seeking dismissal of their cases based on failure to meet these new expedited timelines, reducing a common procedural avenue for case dismissal and increasing the likelihood that cases proceed to trial or plea.
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Who cares
Headline styles
Create Gun Case Court Calendar
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
798
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to establishing gun court calendars in the criminal courts
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative intent. The legislature finds and declares that:
(1) There has been significant growth in the use of firearms in the commission of violent crimes.
(2) Many of the shootings are drug or gang related and endanger law abiding citizens.
(3) Many of the gun offenses are committed while individuals are free on bail for other offenses.
(4) 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 residents of the urban areas where these crimes are most prevalent.
(5) In order to deter the use of firearms in the commission of violent crimes, and to protect the law abiding public, there must be swift disposition of gun related offenses in our courts, and there must be the certain prospect of prison terms for those who are convicted of such crimes.
It is therefore declared to be the policy of the state of New York to provide maximum safety and security to its people from unlawful gun related violence and intrusion upon their persons and property by expediting the processing and disposition of such cases and, unless otherwise provided, imposing prison terms that must be served.
To accomplish this purpose in an effort to minimize delay in the processing of criminal cases in this state relating to the illegal possession and use of guns and other dangerous weapons there shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00017-01-7
S. 798 2
established a separate calendar within the jurisdiction of the criminal courts of this state for hearing trial and disposition of actions brought pursuant to the provisions of the penal law wherein a firearm was used during the commission of any crime contained therein.
§ 2. The criminal procedure law is amended by adding a new section 10.50 to read as follows: § 10.50 Gun court calendar.
1. Each presiding justice of the criminal courts of this state shall create a gun court calendar and shall assign personnel to the extent warranted to exclusively hear and decide all criminal actions involving offenses wherein a firearm was used during the commission of any crime. Such calendar shall be referred to as the "gun court calendar" of the criminal court for the purposes of the provisions of the penal law wherein a firearm was used during the commission of any crime defined in such law.
2. All trials in the criminal courts of this state scheduled for trial on the gun court calendar shall be commenced within sixty days of the completion of discovery, notwithstanding any other provision of law. No continuances or postponements shall be granted except for good cause shown. Such continuances as are necessary shall be granted for the shortest practicable time.
3. Under no circumstances shall a defendant be permitted to rely upon the provisions of this section as a basis for a dismissal of an action.
§ 3. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Prior legislation history
2015-2016: Referred to codes
Effective date
This act shall take effect thirty days after the date upon which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.