New York S 4547: Relates to judicial diversion programs; repealer

Bill Text

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S04547 Summary:

BILL NOS04547 

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SAME ASSAME AS A04869

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SPONSORRAMOS

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COSPNSRBASKIN, BRISPORT, BROUK, CLEARE, COMRIE, COONEY, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES,
 HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACKSON, KRUEGER, LIU, MAY, MAYER, MYRIE, PARKER, RIVERA,
 SALAZAR, SANDERS, SEPULVEDA, SERRANO, SUTTON, WEBB

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MLTSPNSR

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Rpld §216.00 sub 1¶¶(a) & (b), cl¶, amd CP L, generally; amd §212, Judy L

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Relates to judicial diversion programs; establishes a diversion part in each county; repeals certain provisions of law relating thereto.

Go to top S04547 Actions:

BILL NOS04547 

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02/06/2025REFERRED TO ALCOHOLISM AND SUBSTANCE USE DISORDERS

05/22/2025REPORTED AND COMMITTED TO FINANCE

01/07/2026REFERRED TO ALCOHOLISM AND SUBSTANCE USE DISORDERS

03/05/2026REPORTED AND COMMITTED TO FINANCE

Go to topS04547 Committee&nbspVotes:

Go to topS04547 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04547 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4547

 2025-2026 Regular Sessions

 IN SENATE

 February 6, 2025
 ___________

 Introduced by Sens. RAMOS, BRISPORT, BROUK, CLEARE, COMRIE, COONEY,
 FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-
 SIGAL, JACKSON, KRUEGER, LIU, MAY, MYRIE, PARKER, RIVERA, SALAZAR,
 SANDERS, SEPULVEDA, SERRANO, WEBB -- read twice and ordered printed,
 and when printed to be committed to the Committee on Alcoholism and
 Substance Use Disorders

 AN ACT to amend the criminal procedure law and the judiciary law, in
 relation to judicial diversion programs; and to repeal certain
 provisions of the criminal procedure law relating thereto

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

 1 Section 1. The article heading of article 216 of the criminal proce-
 2 dure law, as added by section 4 of part AAA of chapter 56 of the laws of
 3 2009, is amended to read as follows:
 4 JUDICIAL DIVERSION [PROGRAM FOR CERTAIN FELONY OFFENDERS]
 5 PROGRAMS
 6 § 2. The opening paragraph of subdivision 1 of section 216.00 of the
 7 criminal procedure law, as amended by section 1 of chapter 435 of the
 8 laws of 2021, is amended to read as follows:
 9 "Eligible defendant" means any person who stands charged in an indict-
 10 ment [or a], superior court information [with a class B, C, D or E felo-
 11 ny offense defined in article one hundred seventy-nine, two hundred
 12 twenty or two hundred twenty-two of the penal law, an offense defined in
 13 sections 105.10 and 105.13 of the penal law provided that the underlying
 14 crime for the conspiracy charge is a class B, C, D or E felony offense
 15 defined in article one hundred seventy-nine, two hundred twenty or two
 16 hundred twenty-two of the penal law, auto stripping in the second degree
 17 as defined in section 165.10 of the penal law, auto stripping in the
 18 first degree as defined in section 165.11 of the penal law, identity
 19 theft in the second degree as defined in section 190.79 of the penal
 20 law, identity theft in the first degree as defined in section 190.80 of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07017-01-5

 S. 4547 2

 1 the penal law, or any other specified offense as defined in subdivision
 2 five of section 410.91 of this chapter, provided, however, a defendant
 3 is not an "eligible defendant" if he or she:], information, misdemeanor
 4 complaint or felony complaint with any offense and has a qualifying
 5 diagnosis. Provided, however, that a defendant is not an "eligible
 6 defendant" if they are charged with: (a) a class A felony offense
 7 defined in the penal law, other than a class A felony offense pursuant
 8 to article two hundred twenty of the penal law; or (b) a class B felony
 9 offense pursuant to article one hundred thirty of the penal law;
 10 provided further, however, that upon individualized consideration, and
 11 with consent of the prosecutor, the court may deem an individual an
 12 eligible defendant who otherwise does not meet the above-listed crite-
 13 ria.
 14 § 3. The opening paragraph of subdivision 1 of section 216.00 of the
 15 criminal procedure law, as ame