Proceedings upon felony complaint; removal of action from one local criminal court to another

§ 180.20 Proceedings upon felony complaint; removal of action from one\n local criminal court to another.\n Under circumstances prescribed in this section, a criminal action\nbased upon a pending felony complaint may be removed from one local\ncriminal court to another:\n 1. When a defendant arrested by a police officer for a felony\nallegedly committed in a town has not been brought before the town court\nof the town, or as the case may be before the village court of the\nvillage, in which the felony charged was allegedly committed, but,\ninstead, to another local criminal court of the county and there stands\ncharged with such offense by felony complaint, such latter court must\narraign him upon such felony complaint. Such court must then either:\n (a) Dispose of the felony complaint pursuant to this article. If\nsuch disposition results in a reduction of the felony charge and the\nfiling of an information or prosecutor's information charging a\nmisdemeanor or a petty offense pursuant to section 180.50 or subdivision\ntwo or three of section 180.70, such court must conduct the action to\njudgment or other final disposition; or\n (b) Remit the action upon the felony complaint, together with all\npertinent papers and documents, to the town court of the town, or as the\ncase may be to the village court of the village, in which the felony\ncharged was allegedly committed. In such case, the latter court must\ndispose of the felony complaint pursuant to this article.\n 1-a. When a defendant arrested by a police officer for a felony\nallegedly committed in a city has not been brought before the city court\nof such city but, instead, to the local criminal court of an adjoining\ntown or village of the same county and there stands charged with such\noffense by felony complaint, such latter court must arraign him upon\nsuch felony complaint. Such court must then either:\n (a) Dispose of the felony complaint pursuant to this article. If such\ndisposition results in a reduction of the felony charge and the filing\nof an information or prosecutor's information charging a misdemeanor or\na petty offense pursuant to section 180.50 or subdivision two or three\nof section 180.70 of this article, such court must conduct the action to\njudgment or other final disposition; or\n (b) Remit the action upon the felony complaint, together with all\npertinent papers and documents, to the city court of the city in which\nthe felony charged was allegedly committed. In such case, the latter\ncourt must dispose of the felony complaint pursuant to this article.\n 2. When a defendant arrested by a police officer for a felony has\nbeen brought before a superior court judge sitting as a local criminal\ncourt for arraignment upon a felony complaint charging such felony, such\njudge must, as a local criminal court, arraign the defendant upon such\nfelony complaint. Such court must then either:\n (a) Dispose of the felony complaint pursuant to this article. If\nhowever, such disposition results in a reduction of the charge and the\nfiling of an information or prosecutor's information charging a\nmisdemeanor or a petty offense, such judge, after arraigning the\ndefendant upon such accusatory instrument, must remit the action,\ntogether with all pertinent papers and documents, to a local criminal\ncourt having trial jurisdiction of the offense charged, and the latter\ncourt must then conduct the action to judgment or other final\ndisposition; or\n (b) Remit the action upon the felony complaint, together with all\npertinent papers and documents, to a local criminal court having\ngeographical jurisdiction over the area in which the felony charged was\nallegedly committed. In such case, such latter court must dispose of\nthe felony complaint pursuant to this article.\n 3. Notwithstanding any provision of this section to the contrary, in\nany county outside a city having a population of one million or more,\nupon or after arraignment of a defendant on a felony complaint pending\nin a local criminal court having preliminary jurisdiction thereof, such\ncourt may, upon motion of the defendant and with the consent of the\ndistrict attorney, order that the action be removed from the court in\nwhich the matter is pending to another local criminal court in the same\ncounty which has been designated a drug court by the chief administrator\nof the courts, and such drug court may then dispose of such felony\ncomplaint pursuant to this article; provided, however, that an order of\nremoval issued under this subdivision shall not take effect until five\ndays after the date the order is issued unless, prior to such effective\ndate, the drug court notifies the court that issued the order that:\n (a) it will not accept the action, in which event the order shall not\ntake effect, or\n (b) it will accept the action on a date prior to such effective date,\nin which event the order shall take effect upon such prior date.\n Upon providing notification pursuant to paragraph (a) or (b) of this\nsubdivision, the drug court shall promptly give notice to the defendant,\nhis or her counsel and the district attorney.\n 4. (a) Notwithstanding any provision of this section to the contrary,\nin any county outside a city having a population of one million or more,\nupon or after arraignment of a defendant on a felony complaint pending\nin a local criminal court having preliminary jurisdiction thereof, such\ncourt may, upon motion of the defendant and after giving the district\nattorney an opportunity to be heard, order that the action be removed\nfrom the court in which the matter is pending to another local criminal\ncourt in the same county, or with consent of the district attorney and\nthe district attorney of the adjoining county to another court in such\nadjoining county, that has been designated as a human trafficking court\nor veterans treatment court by the chief administrator of the courts,\nand such human trafficking court or veterans treatment court may then\nconduct such action to judgment or other final disposition; provided,\nhowever, that no court may order removal pursuant to this subdivision to\na veterans treatment court of a family offense charge described in\nsubdivision one of section 530.11 of this chapter where the accused and\nthe person alleged to be the victim of such offense charged are members\nof the same family or household as defined in such subdivision one of\nsection 530.11; and provided further an order of removal issued under\nthis subdivision shall not take effect until five days after the date\nthe order is issued unless, prior to such effective date, the human\ntrafficking court or veterans treatment court notifies the court that\nissued the order that:\n i. it will not accept the action, in which event the order shall not\ntake effect; or\n ii. it will accept the action on a date prior to such effective date,\nin which event the order shall take effect upon such prior date.\n (b) Upon providing notification pursuant to subparagraph i or ii of\nparagraph (a) of this subdivision, the human trafficking court or\nveterans treatment court shall promptly give notice to the defendant,\nhis or her counsel and the district attorney.\n