Requires a criminal court to release a defendant charged with certain offenses involving marihuana on his or her own recognizance upon ordering a case adjourned in contemplation of dismissal.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A743
SPONSOR: Aubry TITLE OF BILL:
An act to amend the criminal procedure law, in relation to adjournments
in contemplation of dismissal in cases involving marihuana
PURPOSE::
The purpose of this legislation is to require a criminal court to
release a defendant charged with certain offenses involving marihuana on
his or her own recognizance upon ordering a case adjourned in contem-
plation of dismissal.
SUMMARY OF PROVISIONS::
Section 1: Amends subdivision 2 of section 170.56 of the criminal proce-
dure law, as added by chapter 1042 of the laws of 1971.
Section 2: Sets forth the effective date.
JUSTIFICATION:
Section 170.56 was added to the Criminal Procedure Law in 1971 as part
of Governor Nelson Rockefeller's program to ease the impact of the
strict penalties applicable to marihuana offenses. The provisions of
section 170.56 are similar to those of section 170.55, which governs
adjournments in contemplation of dismissal in all other cases. While
section 170.55 requires a criminal court to release a defendant on his
or her own recognizance once an order adjourning the matter in contem-
plation of dismissal has been issued, section 170.56 makes no such
provision. As a result, the court issuing an order pursuant to section
170.56 may be required to continue monitoring the case. For example, the
court must retain posted bail during the period of adjournment. Once the
period of adjournment expires, the court often must expend resources
trying to locate the defendant or another party to return the bail.
There is no programmatic or practical reason to support this distinction
between sections 170.55 and 170.56. Accordingly, we propose this measure
to eliminate it.
LEGISLATIVE HISTORY::
2021-2022: Referred to Codes in 2021 and Referred to Codes in 2022.
2019-2020: Referred to Codes in 2019 and Referred to Codes in 2020.
2017-2018: Referred to Codes in 2017 and Referred to Codes in 2018.
2015-2016: Referred to Codes in 2015 and Referred to Codes in 2016.
FISCAL IMPLICATIONS::
Minimal.
EFFECTIVE DATE::
This act shall take effect on the, thirtieth day next succeeding the
date on which it shall have become a law and shall apply to all adjourn-
ments in contemplation of dismissal ordered on and after such date.
STATE OF NEW YORK
________________________________________________________________________
743
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. AUBRY -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to adjournments
in contemplation of dismissal in cases involving marihuana
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 170.56 of the criminal procedure
2 law, as added by chapter 1042 of the laws of 1971, is amended to read as
3 follows:
4 2. Upon ordering the action adjourned in contemplation of dismissal,
5 the court must release the defendant on his or her own recognizance and
6 must set and specify such conditions for the adjournment as may be
7 appropriate[, and such]. Such conditions may include placing the defend-
8 ant under the supervision of any public or private agency. At any time
9 prior to dismissal the court may modify the conditions or extend or
10 reduce the term of the adjournment, except that the total period of
11 adjournment shall not exceed twelve months. Upon violation of any
12 condition fixed by the court, the court may revoke its order and restore
13 the case to the calendar and the prosecution thereupon must proceed. If
14 the case is not so restored to the calendar during the period fixed by
15 the court, the accusatory instrument is, at the expiration of such peri-
16 od, deemed to have been dismissed in the furtherance of justice.
17 § 2. This act shall take effect on the thirtieth day next succeeding
18 the date on which it shall have become a law and shall apply to all
19 adjournments in contemplation of dismissal ordered on and after such
20 date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01621-01-3
