Bill Text: NY S04091 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides an election by a defendant in criminal matters to have the case appear before a judge or justice admitted to practice law in the state.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO JUDICIARY [S04091 Detail]

Download: New_York-2009-S04091-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4091
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                     April 9, 2009
                                      ___________
       Introduced  by  Sen. SAMPSON -- 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    S 105-A. ELECTION TO PROCEED IN CERTAIN CRIMINAL ACTIONS. A. A DEFEND-
    4  ANT APPEARING IN A JUSTICE COURT PURSUANT TO  AN  ACCUSATORY  INSTRUMENT
    5  THAT CHARGES A MISDEMEANOR OR FELONY MAY ELECT TO PROCEED IN SUCH MATTER
    6  ONLY  BEFORE  A JUSTICE OR JUDGE ADMITTED TO PRACTICE LAW IN THIS STATE.
    7  SUCH ELECTION SHALL BE BY WRITTEN INSTRUMENT IN A FORM PRESCRIBED BY THE
    8  CHIEF ADMINISTRATOR OF THE COURTS AND SHALL BE FILED WITH SUCH COURT NOT
    9  LATER THAN THE COMPLETION OF THE FIRST APPEARANCE AT  WHICH  EITHER  THE
   10  DEFENDANT  MAKES  A  MOTION  OR  SUCH COURT DECIDES A MOTION MADE BY THE
   11  PROSECUTOR, OTHER THAN A MOTION IN RELATION TO ANY MATTER  SPECIFIED  IN
   12  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
   24  THAT  EACH  CASE IN WHICH A DEFENDANT MAKES SUCH AN ELECTION IS ASSIGNED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09481-01-9
       S. 4091                             2
    1  TO A JUSTICE OR JUDGE ADMITTED TO PRACTICE LAW IN THIS STATE WITH  MINI-
    2  MUM PRACTICABLE DELAY AND BURDEN TO THE PARTIES.
    3    S 2. This act shall take effect on the one hundred twentieth day after
    4  it  shall have become a law. Effective immediately, the addition, amend-
    5  ment and/or repeal of any rule or regulation necessary for the implemen-
    6  tation of this act on its effective date is authorized and  directed  to
    7  be made and completed on or before such date.