S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1797
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sens. ESPAILLAT, ADAMS, KRUEGER -- 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  establishing
         gun court calendars in the criminal courts
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative intent.  The  legislature  finds  and  declares
    2  that:
    3    (1)  There  has  been significant growth in the use of firearms in the
    4  commission of violent crimes.
    5    (2) Many of the shootings are drug or gang related  and  endanger  law
    6  abiding citizens.
    7    (3)  Many of the gun offenses are committed while individuals are free
    8  on bail for other offenses.
    9    (4) The growing number of gun related offenses  constitutes  a  burden
   10  upon the state of New York and threatens the domestic tranquility of the
   11  state  and  its  people,  especially  residents of the urban areas where
   12  these crimes are most prevalent.
   13    (5) In order to deter the use of firearms in the commission of violent
   14  crimes, and to protect the law  abiding  public,  there  must  be  swift
   15  disposition of gun related offenses in our courts, and there must be the
   16  certain  prospect  of  prison  terms for those who are convicted of such
   17  crimes.
   18    It is therefore declared to be the policy of the state of New York  to
   19  provide  maximum  safety  and  security  to its people from unlawful gun
   20  related violence and intrusion upon their persons and property by  expe-
   21  diting  the  processing and disposition of such cases and, unless other-
   22  wise provided, imposing prison terms that must be served.
   23    To accomplish this purpose in an effort to minimize delay in the proc-
   24  essing  of  criminal  cases  in  this  state  relating  to  the  illegal
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05335-01-3
       S. 1797                             2
    1  possession  and  use  of guns and other dangerous weapons there shall be
    2  established a separate calendar within the jurisdiction of the  criminal
    3  courts  of  this  state  for  hearing  trial  and disposition of actions
    4  brought  pursuant  to  the provisions of the penal law wherein a firearm
    5  was used during the commission of any crime contained therein.
    6    S 2. The criminal procedure law is amended by  adding  a  new  section
    7  10.50 to read as follows:
    8  S 10.50 GUN COURT CALENDAR.
    9    1.  EACH  PRESIDING JUSTICE OF THE CRIMINAL COURTS OF THIS STATE SHALL
   10  CREATE A GUN COURT CALENDAR AND SHALL ASSIGN  PERSONNEL  TO  THE  EXTENT
   11  WARRANTED  TO EXCLUSIVELY HEAR AND DECIDE ALL CRIMINAL ACTIONS INVOLVING
   12  OFFENSES WHEREIN A FIREARM WAS USED DURING THE COMMISSION OF ANY  CRIME.
   13  SUCH  CALENDAR  SHALL  BE REFERRED TO AS THE "GUN COURT CALENDAR" OF THE
   14  CRIMINAL COURT FOR THE PURPOSES OF THE PROVISIONS OF THE PENAL LAW WHER-
   15  EIN A FIREARM WAS USED DURING THE  COMMISSION  OF  ANY  CRIME  CONTAINED
   16  THEREIN.
   17    2. ALL TRIALS IN THE CRIMINAL COURTS OF THIS STATE SCHEDULED FOR TRIAL
   18  ON  THE  GUN  COURT CALENDAR SHALL BE COMMENCED WITHIN SIXTY DAYS OF THE
   19  COMPLETION OF DISCOVERY NOTWITHSTANDING ANY OTHER PROVISION OF  LAW.  NO
   20  CONTINUANCES  OR  POSTPONEMENTS  SHALL  BE GRANTED EXCEPT FOR GOOD CAUSE
   21  SHOWN. SUCH CONTINUANCES AS ARE NECESSARY SHALL BE GRANTED FOR THE SHOR-
   22  TEST PRACTICABLE TIME.
   23    3. UNDER NO CIRCUMSTANCES SHALL A DEFENDANT BE PERMITTED TO RELY  UPON
   24  THE PROVISIONS OF THIS SECTION AS A BASIS FOR A DISMISSAL OF AN ACTION.
   25    S  3.  This  act shall take effect on the thirtieth day after it shall
   26  have become a law.