Relates to the removal of actions to certain courts in an adjoining county, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7563
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 1, 2025
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to amend the criminal procedure law, in relation to the removal
   of actions to certain courts in an adjoining county
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section 230.21 of the criminal procedure law, as added by
 chapter 91 of the laws of 2021, is amended to read as follows:
 § 230.21 Removal of action to certain courts in 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 with consent of
 the district attorney and the district attorney of the adjoining  county
 that  has  a  superior  court designated a human trafficking court [or],
 veterans treatment court, OR MENTAL HEALTH COURT by the  chief  adminis-
 trator  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, OR MENTAL HEALTH COURT, whereupon
 such court may then conduct such  action  to  judgment  or  other  final
 disposition;  provided,  however,  that  no court may order removal to a
 veterans treatment court of a family offense charge described in  subdi-
 vision  one  of  section 530.11 of this chapter pursuant to this section
 where the accused and the person  alleged  to  be  the  victim  of  such
 offense  charged  are members of the same family or household as defined
 in such subdivision one of section 530.11; 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,  OR  MENTAL HEALTH 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11230-01-5
 A. 7563                             2
 
   (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,  OR  MENTAL HEALTH COURT shall promptly give
 notice to the defendant, [his or her] THE DEFENDANT'S  counsel  and  the
 district attorney of both counties.
   § 2.  This act shall take effect immediately.