New York S 3452: Relates to the removal of a criminal action to a veterans treatment court

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S03452 Summary:

BILL NOS03452 

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SAME ASNo Same As

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SPONSORHELMING

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COSPNSR

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MLTSPNSR

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Amd §180.20, CP L

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Allows for the removal of a criminal action against a veteran to a veterans treatment court in the same or an adjacent county.

Go to top S03452 Actions:

BILL NOS03452 

&nbsp

01/27/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS03452 Committee&nbspVotes:

Go to topS03452 Floor&nbspVotes:

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

Go to topS03452 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3452

 2025-2026 Regular Sessions

 IN SENATE

 January 27, 2025
 ___________

 Introduced by Sen. HELMING -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes

 AN ACT to amend the criminal procedure law, in relation to the removal
 of a criminal action to a veterans treatment court

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

 1 Section 1. Legislative findings. The legislature finds and declares
 2 that New York, along with the rest of the country, owes an enduring debt
 3 to the brave people who have served in our nation's armed forces. Their
 4 service in defense of our country and its ideals must never be forgot-
 5 ten. We also must not fail to recognize that when veterans return from
 6 foreign conflicts their transition to civilian life is not always an
 7 easy one and can be marked by depression, other forms of mental illness
 8 and substance abuse. Studies have shown that the trauma a soldier
 9 suffers while deployed is a major contributing factor to low level, but
 10 often persistent, criminal activity.
 11 New York stands in the vanguard for treating veterans whose criminal
 12 conduct is linked to their military service. In 2008, the nation's first
 13 veterans treatment court was started in the Buffalo city court. By
 14 recognizing the root causes of many veterans' contacts with the criminal
 15 justice system and applying proven resources, including counseling,
 16 treatment for drug or alcohol addiction, hands-on assistance with hous-
 17 ing needs and job training and placement, we have led the way in reduc-
 18 ing recidivism among returning veterans. Starting with that single court
 19 in Buffalo, the veterans treatment court has become the model for many
 20 other states. While New York now has twenty veterans treatment courts
 21 and at least two additional courts in the planning stage, not all of New
 22 York's veterans live in a jurisdiction that currently has such a court.
 23 We can do better.
 24 In order to broaden the availability of veterans treatment courts to
 25 qualified veterans, this act would authorize the transfer of a criminal

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07211-01-5

 S. 3452 2

 1 case against a qualified veteran whose charges are pending in a local
 2 criminal court that is not a veterans treatment court to another local
 3 criminal court within the same county that is a veterans treatment
 4 court. Following the successful "drug hub court" model, the case could
 5 only be transferred on the application of the defendant, and with the
 6 consent of the court and district attorney. Recognizing that resource
 7 constraints and the need for extensive planning and coordination among
 8 the judiciary and local, state and federal agencies have limited the
 9 availability of veterans treatment courts in certain jurisdictions in
 10 the state, this measure also would permit a qualified veteran to apply
 11 to have their criminal case transferred to a veterans treatment court
 12 located in an adjoining county. This will ensure the broadest possible
 13 reach of every existing veterans treatment court, and send a signal that
 14 New York and its courts are committed to acknowledging and serving the
 15 special needs of the greatest number of qualified veterans. In practical
 16 terms, the act would immediately more than double the number of counties
 17 where veterans charged with criminal offenses would have access to the
 18 proven benefits of a veterans treatment court.
 19 § 2. Subdivision 3 of section 180.20 of the crimi