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
 ________________________________________________________________________
 
                                   8762
 
                             I N  S E N A T E
 
                              January 8, 2026
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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 amended by
 a chapter of the laws of 2025 amending the criminal procedure law relat-
 ing to the removal of actions to certain courts in an adjoining  county,
 as proposed in legislative bills numbers S. 8312 and A. 7563, 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, veterans
 treatment court, or mental health court by the  chief  administrator  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,
 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 treat-
 ment court of a family offense charge described in  subdivision  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 subdivi-
 sion 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, 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 (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; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11230-02-6
 S. 8762                             2
 
 PROVIDED FURTHER THAT, FOR MENTAL HEALTH COURT TRANSFERS, THE  RECEIVING
 COURT  SHALL COORDINATE WITH THE LOCAL GOVERNMENTAL UNIT, AS THE TERM IS
 DEFINED IN SECTION 41.03 OF THE MENTAL HYGIENE LAW, OF  THE  DEFENDANT'S
 COUNTY OF RESIDENCE FOR THE PLANNING AND DELIVERY OF TREATMENT SERVICES.
   2.  Upon  providing  notification  pursuant to paragraph (a) or (b) of
 subdivision one of this section, the human trafficking  court,  veterans
 treatment  court,  or  mental health court shall promptly give notice to
 the defendant, the defendant's counsel and the district attorney of both
 counties.
   3. IN THE EVENT THE DEFENDANT FAILS TO COMPLY  WITH  OR  COMPLETE  THE
 MENTAL HEALTH COURT PROGRAM, JURISDICTION AND RESPONSIBILITY FOR FURTHER
 PROCEEDINGS SHALL REVERT TO THE ORIGINAL COURT OF RECORD.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2025 amending the criminal  procedure
 law relating to the removal of actions to certain courts in an adjoining
 county,  as  proposed  in legislative bills numbers S. 8312 and A. 7563,
 takes effect.