S 1004 New York Senate · 2025 Regular Session

Relates to determining the capacity of a defendant to stand trial

This bill amends New York's criminal procedure law to clarify how courts assess whether a defendant has the mental capacity to stand trial. It requires psychiatric examiners to specifically evaluate whether "restoration services" (such as medication support, competency training, or symptom management) could reasonably restore a defendant's capacity within a set timeframe, and include this assessment in their reports. The bill directly affects defendants in criminal cases who may lack mental capacity due to illness or disability, ensuring their evaluation process considers potential treatment pathways. Key provisions define "restoration services" and mandate that examiners' reports detail the feasibility of such services before a court decides on next steps.
Bill status passed both 4 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Jun 2026
Senate Passage
Jun 2026
Assembly Passage
Jun 2026
Governor
Introduced Jan 8, 2025 Last action Jun 5, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

S1004A S1004B · 5 edits
MODERATE
This bill update changes the legislative sponsors and tracks the bill's progress through the Senate committees. It also reorganizes the legal text to define 'restoration services' as a standalone concept and clarifies rules for confining defendants in hospitals for competency evaluations.
Scope change
The bill's substantive scope regarding criminal procedure remains focused on defendant competency, but the text is restructured to improve clarity on definitions and confinement procedures.
TECHNICAL

Updated the list of Senate sponsors to include new members (Bailey, Fernandez, Murray) and removed former ones (O'Mara, Rivera, Walczyk, Webb were replaced or re-ordered, though O'Mara, Rivera, Walczyk, Webb remain in the new list, indicating a potential data discrepancy or specific role change in the source text provided).

Added procedural text indicating the bill was favorably reported from the Committee on Codes and committed to the Committee on Finance.

DEFINITION

Reorganized the bill structure to define 'restoration services' (like mock trials and medication support) as a specific subdivision rather than embedding it within the definition of 'appropriate institution'.

REQUIREMENT

Clarified that hospital confinement for competency exams must be limited only until the exam is finished and cannot be used as a reason to incarcerate someone released on bail.

Changed the authority for designating hospitals for confinement from the 'director' to the 'commissioner' in specific scenarios.

Floor votes · Senate Jun 13, 2025 · Assembly Jun 5, 2026

How they voted

518
Passed · 4 other
Total votes 63
Jun 13, 2025
D Democratic41
38 Yea 3
92% Yea
R Republican22
13 Yea 8 Nay 1
59% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
23
Key actions
7
Committee
7
Amendments
4
Jun 5, 2026
Lower · Passed
PASSED ASSEMBLY
lower
Jun 4, 2026
Committee
REFERRED TO WAYS AND MEANS
lower
Jun 4, 2026
Upper · Passed
PASSED SENATE
upper
Jun 4, 2026
Committee
COMMITTEE DISCHARGED AND COMMITTED TO RULES
upper
May 20, 2026
Upper · Passed
PRINT NUMBER 1004B
upper
May 20, 2026
Upper · Passed
AMEND AND RECOMMIT TO FINANCE
upper
Mar 24, 2026
Committee
REPORTED AND COMMITTED TO FINANCE
upper
Jan 7, 2026
Committee
REFERRED TO CODES
upper
Jun 13, 2025
Committee
REFERRED TO CODES
lower
Jun 13, 2025
Upper · Passed
PASSED SENATE
upper
Jun 12, 2025
Committee
COMMITTEE DISCHARGED AND COMMITTED TO RULES
upper
May 23, 2025
Upper · Passed
PRINT NUMBER 1004A
upper
May 23, 2025
Upper · Passed
AMEND AND RECOMMIT TO CODES
upper
Jan 8, 2025
Committee
REFERRED TO CODES
upper
1 primary · 8 co-sponsors

Sponsors