Bill Text: NY S00426 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Relates to the right of defendants in misdemeanor or felony cases to have such matter appear before a judge or justice admitted to practice law in New York; creates an automatic right to have a case reassigned to an attorney judge.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO JUDICIARY [S00426 Detail]

Download: New_York-2021-S00426-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                           426

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary

        AN ACT to amend the uniform justice court act, in relation to the  right
          of  defendants  in  misdemeanor  or  felony  cases to have such matter
          appear before a judge or justice admitted to practice law in New York

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

     1    Section  1.  The  uniform justice court act is amended by adding a new
     2  section 105-a to read as follows:
     3  § 105-a. Election to proceed in certain criminal actions.
     4    a. A defendant appearing in a justice court pursuant to an  accusatory
     5  instrument  that charges a misdemeanor or felony may elect to proceed in
     6  such matter only before a justice or judge admitted to practice  law  in
     7  this  state.  Such  election  shall  be  by written instrument in a form
     8  prescribed by the chief administrator of the courts and shall  be  filed
     9  with such court not later than the completion of the first appearance at
    10  which either the defendant makes a motion or such court decides a motion
    11  made  by  the  prosecutor, other than a motion in relation to any matter
    12  specified in subdivision b of this section.
    13    b. Notwithstanding an election  pursuant  to  subdivision  a  of  this
    14  section,  a  justice or judge not admitted to practice law in this state
    15  may arraign the defendant, enter a plea, vacate a plea entered  by  such
    16  justice  or judge, issue or modify a securing order, fix or modify bail,
    17  assign counsel, conduct a proceeding pursuant  to  article  one  hundred
    18  seventy  or  one  hundred  eighty of the criminal procedure law, issue a
    19  temporary order of protection, or  suspend  a  license  or  registration
    20  pursuant to article twenty of the vehicle and traffic law.
    21    c.  The  chief  administrator shall promulgate rules to effectuate the
    22  provisions of this section. Such rules shall ensure that defendants  are
    23  timely  advised of the right of election established in this section and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02470-01-1
        S. 426                              2

     1  that each case in which a defendant makes such an election  is  assigned
     2  to  a justice or judge admitted to practice law in this state with mini-
     3  mum practicable delay and burden to the parties.
     4    § 2. This act shall take effect on the one hundred twentieth day after
     5  it  shall have become a law. Effective immediately, the addition, amend-
     6  ment and/or repeal of any rule or regulation necessary for the implemen-
     7  tation of this act on its effective date are authorized to be made on or
     8  before such date.