Bill Text: NY A04899 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes the chief administrator of the courts to require and provide at least three hours of annual training regarding bail, recognizance, and commitment procedures and standards for all judges exercising preliminary jurisdiction over any offense.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Vetoed) 2023-12-22 - tabled [A04899 Detail]

Download: New_York-2023-A04899-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4899

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 24, 2023
                                       ___________

        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Codes

        AN  ACT  to amend the criminal procedure law, in relation to authorizing
          the chief administrator of the courts to require and provide at  least
          three  hours  of  annual  training  regarding  bail, recognizance, and
          commitment procedures and standards

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

     1    Section 1. The section heading of section 10.40 of the criminal proce-
     2  dure  law, as amended by chapter 237 of the laws of 2015, is amended and
     3  new subdivision 1-a is added to read as follows:
     4    Chief administrator to prescribe forms, to  require  training  and  to
     5  authorize use of electronic filing.
     6    1-a.  The  chief  administrator of the courts shall have the power and
     7  responsibility to require and provide at least  three  hours  of  annual
     8  training  regarding  bail,  recognizance,  and commitment procedures and
     9  standards for all judges exercising preliminary  jurisdiction  over  any
    10  offense.  Such training shall include a thorough explanation of relevant
    11  and recent statutory changes to this chapter.
    12    § 2. Section 10.40 of the criminal procedure law, as amended by  chap-
    13  ter 102 of the laws of 2020, is amended to read as follows:
    14   § 10.40 Chief administrator to prescribe forms and to require training.
    15    1.  The  chief  administrator  of  the  courts shall have the power to
    16  adopt, amend and rescind forms for the efficient and just administration
    17  of this chapter. Such forms shall include, without limitation, the forms
    18  described in paragraph (z-1) of subdivision two of section  two  hundred
    19  twelve  of the judiciary law. A failure by any party to submit papers in
    20  compliance with forms authorized by this section shall  not  be  grounds
    21  for that reason alone for denial or granting of any motion.
    22    2.  The  chief  administrator  of  the courts shall have the power and
    23  responsibility to require and provide at least  three  hours  of  annual

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08928-01-3
        A. 4899                             2

     1  training  regarding  bail,  recognizance,  and commitment procedures and
     2  standards for all judges exercising preliminary  jurisdiction  over  any
     3  offense.  Such training shall include a thorough explanation of relevant
     4  and recent statutory changes to this chapter.
     5    §  3. This act shall take effect on the first of January next succeed-
     6  ing the date on which it shall have become a law; provided however, that
     7  the amendments to section 10.40 of the criminal procedure  law  made  by
     8  section one of this act shall be subject to the expiration and reversion
     9  of  such  section  pursuant  to section 11 of chapter 237 of the laws of
    10  2015, as amended, when upon such date the provisions of section  two  of
    11  this act shall take effect.