S 8312: Allows the removal of criminal actions to a mental health court in an adjoining county.

  
  STATE OF NEW YORK ________________________________________________________________________ 8312 2025-2026 Regular Sessions  IN SENATE June 2, 2025 ___________ 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: 1 Section 1. Section 230.21 of the criminal procedure law, as added by 2 chapter 91 of the laws of 2021, is amended to read as follows: 3 § 230.21 Removal of action to certain courts in an adjoining county. 4 1. In any county outside a city having a population of one million or 5 more, the court may, upon motion of the defendant and with consent of 6 the district attorney and the district attorney of the adjoining county 7 that has a superior court designated a human trafficking court [or], 8 veterans treatment court, or mental health court by the chief adminis- 9 trator of the courts, order that the indictment and action be removed 10 from the court in which the matter is pending to such human trafficking 11 court [or], veterans treatment court, or mental health court, whereupon 12 such court may then conduct such action to judgment or other final 13 disposition; provided, however, that no court may order removal to a 14 veterans treatment court of a family offense charge described in subdi- 15 vision one of section 530.11 of this chapter pursuant to this section 16 where the accused and the person alleged to be the victim of such 17 offense charged are members of the same family or household as defined 18 in such subdivision one of section 530.11; and provided further that an 19 order of removal issued under this subdivision shall not take effect 20 until five days after the date the order is issued unless, prior to such 21 effective date, the human trafficking court [or], veterans treatment 22 court, or mental health court notifies the court that issued the order 23 that: 24 (a) it will not accept the action, in which event the order shall not 25 take effect, or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11230-01-5 
 S. 8312 2 1 (b) it will accept the action on a date prior to such effective date, 2 in which event the order shall take effect upon such prior date. 3 2. Upon providing notification pursuant to paragraph (a) or (b) of 4 subdivision one of this section, the human trafficking court [or], 5 veterans treatment court, or mental health court shall promptly give 6 notice to the defendant, [his or her] the defendant's counsel and the 7 district attorney of both counties. 8 § 2. This act shall take effect immediately.