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A8360Assembly2019-2020 SessionSame asS5059

Create Veterans Treatment Courts

Official title

“Authorizes the chief administrator of the courts to establish veterans treatment courts; and relates to the removal of certain actions to veterans treatment courts”

Sponsor Sandy GalefAD-95+4 co-sponsorsAffects Legal
Status
In Assembly Committee
Judiciary
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

The bill authorizes the creation of veterans treatment courts and allows certain criminal cases to be transferred to these courts.

Why it matters

  1. Expands access to specialized support for veterans in the justice system. By authorizing and encouraging the creation of veterans treatment courts, the bill recognizes that veterans may have unique needs related to military service—such as PTSD or substance abuse—that could be more effectively addressed through specialized treatment rather than traditional prosecution.

  2. Facilitates transfer of eligible criminal cases to veterans courts. The ability to move misdemeanor and felony cases to a veterans treatment court, even in a neighboring county, increases the likelihood that eligible veterans will actually have access to these courts, not just in large cities but in less-populated areas as well.

  3. Includes procedural safeguards and limits. The removal of a case to a veterans treatment court requires the consent of the relevant district attorneys and notification to all parties, especially in cases involving family or household members as victims. This ensures oversight and protects the interests of victims and public safety.

  4. Promotes rehabilitation over incarceration for veterans. By focusing on treatment and support within the criminal justice process, the bill aims to reduce recidivism among veterans and address the root causes of their involvement in the justice system, ultimately benefiting both individuals and communities.

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Who cares

Headline styles

Create Veterans Treatment Courts

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

Sponsors

Primary sponsor
Sandy Galef

Assembly Member · Assembly District 95

History

  1. Print number 8360a
  2. Amend and recommit to judiciary
  3. Referred to judiciary
  4. 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.

S5059Senate

Create Veterans Treatment Courts

In Senate Committee · Veterans, Homeland Security And Military Affairs · Sponsor Brad Hoylman-Sigal

Impact 6 · Moderate0% to pass

Full text

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

STATE OF NEW YORK

8360--A

2019-2020 Regular Sessions

IN ASSEMBLY

June 15, 2019

Introduced by M. of A. GALEF -- read once and referred to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

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

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

Section 1. Subdivision 2 of section 212 of the judiciary law is amended by adding a new paragraph (aa) to read as follows:

(aa) To the extent practicable, establish such number of veterans treatment courts as may be necessary to fulfill the purposes of subdivision four of section 170.15 and subdivision three of section 180.20 of the criminal procedure law.

§ 2. Subdivision 5 of section 170.15 of the criminal procedure law, as added by chapter 191 of the laws of 2018, is amended to read as follows:

5. (a) Notwithstanding any provision of this section to the contrary, in any county outside a city having a population of one million or more, upon or after arraignment of a defendant on an information, a simplified information, a prosecutor's information or a misdemeanor complaint pending in a local criminal court, such court may, upon motion of the defendant [and after giving the district attorney an opportunity to be heard, order that the action be removed from the court in which the matter is pending to another local criminal court in the same county, or with consent of the district attorney to another court in an adjoining county, that has been designated as a human trafficking court by the chief administrator of the courts, and such human trafficking court] to remove the action to a court in an adjoining county that has been desig-

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

[ ] is old law to be omitted.

LBD11046-07-9

A. 8360--A 2

nated as a human trafficking court or veterans treatment court by the chief administrator of the courts, and after giving the district attorney an opportunity to be heard and with the consent of the district attorney of the adjoining county, order that the action be removed from the court in which the matter is pending to such human trafficking court or veterans treatment court, whereupon such court may then conduct such action to [judgement] judgment or other final deposition; provided, however, that the consent of the district attorney of the county in which the action and indictment are pending shall be required before the court may order removal hereunder where the accused and the person alleged to be the victim of an offense charged are members of the same family or household as defined in subdivision one of section 530.11 of this chapter; and provided further that an order of removal issued under this subdivision shall not take effect until five days after the date the order is issued unless, prior to such effective date, the human trafficking court or veterans treatment court notifies the court that issued the order that:

i. it will not accept the action, in which event the order shall not take effect; or

ii. it will accept the action on a date prior to such effective date, in which event the order shall take effect upon such prior date.

(b) Upon providing notification pursuant to subparagraph i or ii of paragraph (a) of this subdivision, the human trafficking court or veterans treatment court shall promptly give notice to the defendant, his or her counsel, and the district attorney.

§ 3. Subdivision 4 of section 180.20 of the criminal procedure law, as added by chapter 191 of the laws of 2018, is amended to read as follows:

4. (a) Notwithstanding any provision of this section to the contrary, in any county outside a city having a population of one million or more, upon or after arraignment of a defendant on a felony complaint pending in a local criminal court having preliminary jurisdiction thereof, such court may, upon motion of the defendant and after giving the district attorney an opportunity to be heard, order that the action be removed from the court in which the matter is pending to another local criminal court in the same county, or with consent of the district attorney [to another court in] of an adjoining county, to a court in such adjoining county that has been designated as a human trafficking court or veterans treatment court by the chief administrator of the courts, and such human trafficking court or veterans treatment court may then conduct such action to judgment or other final disposition; provided, however, that the consent of the district attorney of the county in which the action is pending shall be required before the court may order removal hereunder where the accused and the person alleged to be the victim of an offense charged are members of the same family or household as defined in subdivision one of section 530.11 of this chapter; and provided further an order of removal issued under this subdivision shall not take effect until five days after the date the order is issued unless, prior to such effective date, the human trafficking court or veterans treatment court notifies the court that issued the order that:

i. it will not accept the action, in which event the order shall not take effect; or

ii. it will accept the action on a date prior to such effective date, in which event the order shall take effect upon such prior date.

(b) Upon providing notification pursuant to subparagraph i or ii of paragraph (a) of this subdivision, the human trafficking court or veter-

A. 8360--A 3

ans treatment court shall promptly give notice to the defendant, his or her counsel and the district attorney.

§ 4. The criminal procedure law is amended by adding a new section 230.21 to read as follows: § 230.21 Removal of action to an adjoining county.

1. In any county outside a city having a population of one million or more, the court may, upon motion of the defendant and after giving the district attorney an opportunity to be heard, and with consent of the district attorney of an adjoining county that has a superior court designated a human trafficking court or veterans treatment court by the chief administrator of the courts, order that the indictment and action be removed from the court in which the matter is pending to such human trafficking court or veterans treatment court, whereupon such court may then conduct such action to judgment or other final disposition; provided, however, that the consent of the district attorney of the county in which the action and indictment are pending shall be required before the court may order removal hereunder where the accused and the person alleged to be the victim of an offense charged are members of the same family or household as defined in subdivision one of section 530.11 of this chapter; and provided further that an order of removal issued under this subdivision shall not take effect until five days after the date the order is issued unless, prior to such effective date, the human trafficking court or veterans treatment court notifies the court that issued the order that:

(a) it will not accept the action, in which event the order shall not take effect, or

(b) it will accept the action on a date prior to such effective date, in which event the order shall take effect upon such prior date.

2. Upon providing notification pursuant to paragraph (a) or (b) of subdivision one of this section, the human trafficking court or veterans treatment court shall promptly give notice to the defendant, his or her counsel and the district attorney of both counties.

§ 5. 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.