New York legislation · 2025-2026 General Assembly
New York S1004: Relates to determining the capacity of a defendant to stand trial
Status: Passed both chambers, June 5, 2026
Provides for the use of restoration services when determining the capacity of a defendant to stand trial.
What the bill says
An act to amend the criminal procedure law and the mental hygiene law, in relation to determining the capacity of a defendant to stand trial.
From the amended text, May 20, 2026:
AN ACT to amend the criminal procedure law and the mental hygiene law, in relation to determining the capacity of a defendant to stand trial THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 730.10 of the criminal procedure law is amended to read as follows: 1. "Incapacitated person" means a defendant who as a result of mental disease or defect lacks capacity to understand the proceedings against [him] SUCH DEFENDANT or to assist in [his] THEIR own defense. § 2. Subdivision 8 of section 730.10 of the criminal procedure law, as separately amended by chapters 615 and 629 of the laws of 1974, is amended to read as follows: 8. "Examination report" means a report made by a psychiatric examiner wherein [he] SUCH EXAMINER sets forth [his] THEIR opinion as to whether the defendant is or is not an incapacitated person, the nature and extent of [his] THEIR examination and, if [he or she finds] THEY FIND that the defendant is an incapacitated person, [his] THEIR diagnosis and prognosis and a detailed statement of the reasons for [his] THEIR opinion by making particular reference to those aspects of the proceedings wherein the defendant lacks capacity to understand or to assist in [his] THEIR own defense. …
Sponsors
- Samra Brouk (D, 55) · primary sponsor
- Jamaal Bailey (D, 36)
- Patricia Fahy (D, 46)
- Nathalia Fernandez (D, 34)
- Dean Murray (R, 3)
- Thomas O'Mara (R, 58)
- Gustavo Rivera (D, 33)
- Mark Walczyk (R, 49)
- Lea Webb (D, 52)
Latest actions
- : RETURNED TO SENATE
- : PASSED ASSEMBLY
- : ORDERED TO THIRD READING RULES CAL.392
- : SUBSTITUTED FOR A5567B
- : REFERRED TO WAYS AND MEANS
- : DELIVERED TO ASSEMBLY
- : PASSED SENATE
- : ORDERED TO THIRD READING CAL.1699
- : COMMITTEE DISCHARGED AND COMMITTED TO RULES
- : PRINT NUMBER 1004B
Votes
- FLOOR Vote (June 4, 2026): 46 yea, 14 nay, passed
- Senate Codes Committee: COMMITTEE Vote (March 24, 2026): 12 yea, 1 nay, passed
- Codes Committee Vote (March 24, 2026): 12 yea, 1 nay, passed
- FLOOR Vote (June 13, 2025): 51 yea, 8 nay, passed
- Senate Rules Committee: COMMITTEE Vote (June 12, 2025): 17 yea, 3 nay, passed
- Rules Committee Vote (June 12, 2025): 17 yea, 3 nay, passed
Subjects: Criminal Procedure Law
Common questions
- What is S1004?
- S1004 is a bill in the New York Legislature (2025-2026 General Assembly): Relates to determining the capacity of a defendant to stand trial.
- What does S1004 do?
- In its own words: An act to amend the criminal procedure law and the mental hygiene law, in relation to determining the capacity of a defendant to stand trial.
- What is the status of S1004?
- Passed both chambers as of June 5, 2026. Latest action: RETURNED TO SENATE (June 5, 2026).
- Who sponsored S1004?
- Samra Brouk (D, 55), with 8 co-sponsors.
- Where is the official record for S1004?
- On the New York Legislature website: https://www.nysenate.gov/legislation/bills/2025/S1004
Source: official New York record. Tracked by Delilah, AI for legislation across all 50 states and Congress.