Section 180.20. Proceedings upon felony complaint; removal of action from one local criminal court to another  


Latest version.
  • Under circumstances prescribed in  this  section,  a  criminal  action
      based  upon  a  pending  felony  complaint may be removed from one local
      criminal court to another:
        1.   When a defendant arrested  by  a  police  officer  for  a  felony
      allegedly committed in a town has not been brought before the town court
      of  the  town,  or  as  the  case may be before the village court of the
      village, in which the  felony  charged  was  allegedly  committed,  but,
      instead,  to another local criminal court of the county and there stands
      charged with such offense by felony complaint, such  latter  court  must
      arraign him upon such felony complaint.  Such court must then either:
        (a)    Dispose  of  the felony complaint pursuant to this article.  If
      such disposition results in a reduction of the  felony  charge  and  the
      filing   of  an  information  or  prosecutor's  information  charging  a
      misdemeanor or a petty offense pursuant to section 180.50 or subdivision
      two or three of section 180.70, such court must conduct  the  action  to
      judgment or other final disposition; or
        (b)    Remit  the  action upon the felony complaint, together with all
      pertinent papers and documents, to the town court of the town, or as the
      case may be to the village court of the village,  in  which  the  felony
      charged  was  allegedly committed.   In such case, the latter court must
      dispose of the felony complaint pursuant to this article.
        1-a. When a defendant arrested  by  a  police  officer  for  a  felony
      allegedly committed in a city has not been brought before the city court
      of  such  city but, instead, to the local criminal court of an adjoining
      town or village of the same county and there stands  charged  with  such
      offense  by  felony  complaint,  such latter court must arraign him upon
      such felony complaint. Such court must then either:
        (a) Dispose of the felony complaint pursuant to this article. If  such
      disposition  results  in a reduction of the felony charge and the filing
      of an information or prosecutor's information charging a misdemeanor  or
      a  petty  offense pursuant to section 180.50 or subdivision two or three
      of section 180.70 of this article, such court must conduct the action to
      judgment or other final disposition; or
        (b) Remit the action upon the  felony  complaint,  together  with  all
      pertinent  papers  and documents, to the city court of the city in which
      the felony charged was allegedly committed. In  such  case,  the  latter
      court must dispose of the felony complaint pursuant to this article.
        2.    When  a  defendant arrested by a police officer for a felony has
      been brought before a superior court judge sitting as a  local  criminal
      court for arraignment upon a felony complaint charging such felony, such
      judge  must,  as a local criminal court, arraign the defendant upon such
      felony complaint.  Such court must then either:
        (a)  Dispose of the felony complaint pursuant to  this  article.    If
      however,  such  disposition results in a reduction of the charge and the
      filing  of  an  information  or  prosecutor's  information  charging   a
      misdemeanor  or  a  petty  offense,  such  judge,  after  arraigning the
      defendant upon  such  accusatory  instrument,  must  remit  the  action,
      together  with  all  pertinent papers and documents, to a local criminal
      court having trial jurisdiction of the offense charged, and  the  latter
      court   must  then  conduct  the  action  to  judgment  or  other  final
      disposition; or
        (b)  Remit the action upon the felony  complaint,  together  with  all
      pertinent  papers  and  documents,  to  a  local  criminal  court having
      geographical jurisdiction over the area in which the felony charged  was
      allegedly  committed.    In such case, such latter court must dispose of
      the felony complaint pursuant to this article.
    
        3. Notwithstanding any provision of this section to the  contrary,  in
      any  county  outside  a city having a population of one million or more,
      upon or after arraignment of a defendant on a felony  complaint  pending
      in  a local criminal court having preliminary jurisdiction thereof, such
      court  may,  upon  motion  of  the defendant and with the consent of the
      district attorney, order that the action be removed from  the  court  in
      which  the matter is pending to another local criminal court in the same
      county which has been designated a drug court by the chief administrator
      of the courts, and such drug court  may  then  dispose  of  such  felony
      complaint  pursuant to this article; provided, however, that an order of
      removal issued under this subdivision shall not take effect  until  five
      days  after the date the order is issued unless, prior to such effective
      date, the drug court notifies the court that issued the order that:
        (a) it will not accept the action, in which event the order shall  not
      take effect, or
        (b)  it will accept the action on a date prior to such effective date,
      in which event the order shall take effect upon such prior date.
        Upon providing notification pursuant to paragraph (a) or (b)  of  this
      subdivision, the drug court shall promptly give notice to the defendant,
      his or her counsel and the district attorney.