Bill Text: NY A09918 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to village justices; changes the title of acting justice to associate justice.

Spectrum: Moderate Partisan Bill (Democrat 11-2)

Status: (Passed) 2016-08-19 - signed chap.259 [A09918 Detail]

Download: New_York-2015-A09918-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         9918--A
                   IN ASSEMBLY
                                     April 27, 2016
                                       ___________
        Introduced  by  M.  of  A. PAULIN, ZEBROWSKI, STECK, SCHIMMINGER -- read
          once and referred to the Committee on Local Governments  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN  ACT  to  amend  the  village  law and the criminal procedure law, in
          relation to village justices
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  a  of  subdivision  2  of section 3-301 of the
     2  village law, as amended by chapter 555 of the laws of 2006,  is  amended
     3  to read as follows:
     4    a.  except  as provided in section 3-303 of this article, no more than
     5  two village justices, but in the event a village  has  one  justice,  it
     6  shall  also  have  an  [acting]  associate  justice who shall serve when
     7  requested by the village justice or in the absence or inability  of  the
     8  village  justice to serve. The office of village justice is continued in
     9  every village in which it is now established. The board of  trustees  of
    10  any  other village may establish such office by resolution or local law,
    11  subject to a permissive referendum. The board of trustees of any village
    12  by resolution or local law, subject to permissive referendum, may  abol-
    13  ish such office, but to take effect only upon the expiration of the then
    14  current  term  of  such  office,  or  establish the office of additional
    15  village justices, which justice once elected shall have all  the  powers
    16  and  duties  of  a  village  justice. The resolution or local law in the
    17  latter case shall provide for a term pursuant to section 3-302  of  this
    18  article.  The  clerk  of the court of a village shall be discharged from
    19  employment only upon the advice and consent of the  village  justice  or
    20  justices  when the clerk, in his or her village duties, works solely for
    21  the village justice or justices.
    22    § 2. Subdivision 6 of section 10.10 of the criminal procedure  law  is
    23  amended to read as follows:
    24    6. "Village court." A "village court" is comprised of the justice of a
    25  village, or all the justices thereof if there be more than one, or, at a
    26  time  when  he  or  they  are absent, an [acting] associate justice of a
    27  village who is authorized to perform the functions of a village  justice
    28  during his absence.
    29    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15068-02-6