NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1754
SPONSOR: Goodell TITLE OF BILL:
An act to amend the criminal procedure law, in relation to providing
judges more discretion regarding securing orders and limiting the
lengths of certain orders; and to repeal certain provisions of the crim-
inal procedure law, the judiciary law and the executive law relating
thereto
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to restore judicial discretion in
setting appropriate bail for criminal defendants to ensure their timely
appearance for trial, taking into account the defendant's, risk of
flight to avoid prosecution, the risk of failing to appear based on the
defendant's record of prior criminal convictions or prior failures to
appear for court, the danger the defendant poses to the safety of other
persons or the community. These criteria track the federal standards
that have been used successful in federal criminal proceedings across
the nation.
In addition, this legislation would require judges to review the status
of every defendant that is being held pending bail on a regular basis to
ensure that defendants are not incarcerated for an extended time period
simply because of an inability to post bail. These scheduled reviews
would occur every 4 weeks for Class A misdemeanors, every 6 weeks for
Class E felonies, every 8 weeks for Class D Felonies, every 10 weeks for
Class C felonies, and every 12 weeks for • Class B Felonies.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 repeals section 150.10 of the Criminal Procedure Law.
Section 2 amends section 1.20(1) of the Criminal Procedure Law to
restore the language that existed prior to the adoption of chapter 450
of the laws of 2019.
Section 3 amends section 150.20(1) of the Criminal Procedure Law to
restore the language that existed prior to the adoption of part JJJ of
chapter 59 of the laws of 2019.
Section 4 amends section 150.30 of the Criminal Procedure Law regarding
the issuance of appearance tickets.
Section 5 amends section 150.40 of the Criminal Procedure Law to restore
the language that existed prior to the adoption of part UU of chapter 56
of the laws of 2020.
Section 6 amends section 150,50 of the Criminal Procedure Law to restore
the language that existed prior to the adoption of chapter 450 of the
laws of 2019.
Section 7 repeals section 150.80 of the Criminal Procedure Law.
Section 8 repeals sections 500.10(3-a), 500.10(3-b), 500.10(21), and
500.10(22) of the Criminal Procedure Law.
Section 9 amends section 500.10 subdivisions 5, 6, 7, and 9 to restore
the language that existed prior to the adoption of part JJJ of chapter
59 of the laws of 2019.
Section 10 amends section 510.10 of the Criminal Procedure Law to repeal
the changes made by part JJJ of chapter 59 of the laws of 2019 and part
UU of chapter 56 of .the laws of 2020. provide that a court shall
release a criminal defendant on personal recognizance unless the court
makes an individualized determination that the defendant poses a risk of
flight to avoid prosecution, poses a risk of failing to appear in court
based on prior criminal convictions or prior failures to appear, or
poses a risk of endangering the safety of any other person or the commu-
nity.
If the court determines that the criminal defendant poses a risk of
flight to avoid prosecution or poses a risk of failing to appear in
court based on prior criminal convictions or prior failures to appear;
but does not pose a risk of endangering the safety of any other person
or the community, then the court shall release the defendant subject to
the lowest reasonable bail and/or least restrictive further conditions
that will reasonable ensure the appearance of the defendant at trial
after considering the seriousness of the charges, the weight of the
evidence, the history and characteristics of the defendant, and the
nature and seriousness of the danger posed by the defendant's release.
If the court determines that no condition or combination of conditions
will reasonably assure the appearance of the defendant for trial and the
safety of other persons or the community, the court shall order
detention without bail.
If a defendant is arrested while out on bail, the court shall revoke the
bail for the first arrest and reconsider the amount of bail, the terms
and conditions for any release, or whether bail should be revoked.
All bail orders would be reviewed every 4 weeks for Class A misdemea-
nors, every 6 weeks for Class E felonies, every 8 weeks for Class D
Felonies, every 10 weeks for Class C felonies, and every 12 weeks for
Class B Felonies to ensure that the bail order should be changed in the
best interest of justice, taking into consideration the length of time
the defendant has been in jail awaiting trial, the likely sentence if
the defendant is convicted, the nature and circumstances of the alleged
offense, the weight of evidence, the history and characteristics of the
defendant, the danger the defendant poses to others, and whether there
are any other Conditions that would justify a change in the bail.
Section 11 amends section 510.20 of-the Criminal Procedure Law to
restore the language that existed prior to the adoption of part JJJ of
chapter 59 of the laws of 2019.
Section 12 makes conforming amendments to section 510.30 of the Criminal
Procedure Law to specify, inter alia, that a bail determination must
take into consideration the defendants' character, reputation, habits
and mental condition; employment and financial resources; family ties
and length of residence in the community; previous record of responding
to court appearances; history of use of a firearm; weight of the
evidence; the possible sentence that could be imposed.
Section 13 makes conforming changes to section 510.40 of the Criminal
Procedure Law.
Section 14 repeals section 510.43 and section 510.45 of the Criminal
Procedure Law.
Section 15 amends section 510.50 of the Criminal Procedure Law to delete
subsection 2 thereof.
Section 16 amends section 520.10 of the Criminal Procedure Law to make
conforming changes.
Section 17 amends section 530.10 of the Criminal Procedure Law to allow
either bail or lease on recognizance of a defendant.
Section 18 amends section 530.11(4) of the Criminal Procedure Law to
allow a judge to order bail for a defendant charged with committing a
family offense and may consider the bail previously set by the supreme
or family court.
Section 19 amends section 530.12(11) of the Criminal Procedure Law spec-
ify that a court may revoke an order of recognizance, restore a case to
the calendar when there was an adjournment in contemplation of dismiss-
al, revoke a conditional discharge, or revoke probation if a defendant
violates an order issued under section 530.12 of the Criminal Procedure
Law.
Section 20 amends section 530.13 of the Criminal Procedure Law to
authorize a court to issue a temporary order of protection in connection
with a bail determination or as a condition for pre-trial release.
Section 21 amends section 530.13(8)(a) of the Criminal Procedure Law to
authorize a court to revoke an order of recognizance.
Section 22 repeals section 530.20 of the Criminal Procedure Law replaces
section 530.20 of the Criminal Procedure Law to specify the authority of
a local criminal court to order recognizance or bail after considering
the factors specified in section 10 of this Bill (see above).
Section 23 amends section 530.30(1) and section 530(2) of the Criminal
Procedure Law to specify that a superior court judge may order release
on recognizance or bail where the local criminal lacks authority to make
such an order, has denied an application for release on recognizance,
has fixed bail in an excessive amount, or has imposed non-monetary
conditions that are unnecessarily restrictive.
Section 24 repeals section 530.40 of the Criminal Procedure Law and adds
a new section 530.40 of the Criminal Procedure Law to make conforming
changes consistent with Section 10 of this bill (see above).
Section 25 amends section 530.45(1) of the Criminal Procedure Law to
authorize a review of any bail determination by a higher court judge.
Section 26 repeals section 530.45(2-a) of the Criminal Procedure Law.
Section 27 amends section 530.50 of the Criminal Procedure Law to make
conforming changes.
Section 28 amends section 530.60 of the Criminal Procedure Law to speci-
fy the procedures for a review and possible revocation of an order
setting bail or release on recognizance during the course of a criminal
action or proceeding where the defendant is at liberty, including situ-
ations where the defendant has persistently and willfully failed to
appear for court proceedings, violated an order of protection, intim-
idated a witness or victim, or committed another felony.
Section 29 amends section 216.05(a) of the Criminal Procedure Law to
specify the procedures for a review and possible revocation of an order
setting bail or release on recognizance during the course of a criminal
action or proceeding where the defendant is at liberty pursuant to a
judicial diversion program where the defendant has failed to appear
before the court or has violated a condition of their release, such as
refusing to participate in court-ordered drug abuse treatment.
Section 30 amends section 420.60 of the Criminal Procedure Law to
provide for the possible imposition of bail or revocation of release
where the defendant violates the terms of probation or conditional
discharge.
Section 31 amends section 620.50 of the Criminal Procedure Law to make
conforming changes for a material witnesses who are subject to bail.
Section 32 repeals section 216 of the Judiciary Law. Section 33 repeals
'section 837-u of the Executive Law.
Section 34 provides that this bill shall take effect immediately upon
its enactment.
JUSTIFICATION:
Part JJJ of chapter 59 of the laws of 2019 eliminated the availability
of bail for over 400 crimes, including many serious felonies. Part UU of
chapter 56 of the laws of 2020 expanded the list of offenses for which
bail could be required, but still prohibited any bail for many serious
criminal offenses. Other bail amendments were made by chapter 450 of the
laws of 2019.
As a result of these changes, New York judges cannot impose bail on the
initial arrest of a defendant for crimes such as robbery 2nd, burglary
2nd, making a terroristic threat, criminal drug sales in the 2nd, drug
sale on school grounds, grand larceny 2'd, assault 3rd, reckless assault
of a child, stalking 2nd, menacing, reckless endangerment, criminal
obstruction of breathing, unlawful imprisonment, labor trafficking,
criminal trespass, coercion, criminal tampering, cemetery desecration,
arson 3rd, petit larceny, auto stripping, forgery, falsifying business
records, health insurance fraud, residential mortgage fraud, perjury,
killing a police dog, promoting prison contraband, bribing a witness,
tampering with a juror, promoting prostitution in a school zone, harass-
ment, endangering the welfare of a child, and many other serious crimes.
By eliminating all bail for hundreds of serious crimes, many dangerous
criminals are released back onto the streets within hours after being
arrested. The stories abound of these criminals when committing other
crimes while awaiting trial. Without any bail to ensure that they return
to court, many criminals simply skip their court appearances. Not.
surprisingly, the number and severity of criminal activity has exploded
across New York State, with double digit increases in violent crime.
This legislation would reinstate judicial discretion in imposing bail
after considering the defendant's flight risk, the seriousness of the
crime, and the danger to others and the community. These standards are
similar to the bail standards used successful in federal criminal courts
for many years.
Allowing New York courts to consider the dangerousness of a criminal
would bring New York State in line with the rest of the nation. 'New
York is current the only state in the nation that does not allow judges
to consider public safety when releasing dangerous criminals. The
Supreme Court has repeatedly ruled that pretrial detention on public
safety grounds is constitutionally permitted. To ensure that the defend-
ants are not held in jail pending bail for an unreasonable amount of
time, this legislation also requires courts to routinely review the
status of any pre-trial detainees to ensure that they should remain in
jail pending trial. Thus, the legislation balances the need to protect
the public with the need to ensure that poor defendants do not remain in
jail for extended time periods while awaiting trial.
PRIOR LEGISLATIVE HISTORY:
A.11047 2020 - Referred to Codes
A.4964 2022 - Held for consideration in Codes
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This Act would take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1754
2023-2024 Regular Sessions
IN ASSEMBLY
January 20, 2023
___________
Introduced by M. of A. GOODELL -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to providing
judges more discretion regarding securing orders and limiting the
lengths of certain orders; and to repeal certain provisions of the
criminal procedure law, the judiciary law and the executive law relat-
ing thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 150.10 of the criminal procedure
2 law is REPEALED.
3 § 2. Subdivision 1 of section 1.20 of the criminal procedure law, as
4 amended by chapter 450 of the laws of 2019, is amended to read as
5 follows:
6 1. "Accusatory instrument" means[: (a)] an indictment, an indictment
7 ordered reduced pursuant to subdivision one-a of section 210.20 of this
8 chapter, an information, a simplified information, a prosecutor's infor-
9 mation, a superior court information, a misdemeanor complaint or a felo-
10 ny complaint. Every accusatory instrument, regardless of the person
11 designated therein as accuser, constitutes an accusation on behalf of
12 the state as plaintiff and must be entitled "the people of the state of
13 New York" against a designated person, known as the defendant[; and
14 (b) an appearance ticket issued for a parking infraction when (i) such
15 ticket is based on personal knowledge or information and belief of the
16 police officer or other public servant who issues the ticket, (ii) the
17 police officer or other public servant who issues such ticket verifies
18 that false statements made therein are punishable as a class A misdemea-
19 nor, (iii) the infraction or infractions contained therein are stated in
20 detail and not in conclusory terms so as to provide the defendant with
21 sufficient notice including, but not limited, to the applicable
22 provision of law allegedly violated, and the date, time and particular
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03909-01-3
A. 1754 2
1 place of the alleged infraction, and (iv) such ticket contains: (1) the
2 license plate designation of the ticketed vehicle, (2) the license plate
3 type of the ticketed vehicle, (3) the expiration of the ticketed vehi-
4 cle's registration, (4) the make or model of the ticketed vehicle, and
5 (5) the body type of the ticketed vehicle, provided, however, that where
6 the plate type or the expiration date are not shown on either the regis-
7 tration plates or sticker of a vehicle or where the registration sticker
8 is covered, faded, defaced or mutilated so that it is unreadable, the
9 plate type or the expiration date may be omitted, provided, further,
10 however, that such condition must be so described and inserted on the
11 instrument].
12 § 3. Subdivision 1 of section 150.20 of the criminal procedure law, as
13 amended by section 1-a of part JJJ of chapter 59 of the laws of 2019,
14 subparagraph (viii) of paragraph (b) as amended and subparagraphs (ix),
15 (x) and (xi) of paragraph (b) as added by section 1 of subpart B of part
16 UU of chapter 56 of the laws of 2022, is amended to read as follows:
17 1. [(a)] Whenever a police officer is authorized pursuant to section
18 140.10 of this title to arrest a person without a warrant for an offense
19 other than a class A, B, C or D felony or a violation of section 130.25,
20 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, he [shall,
21 except as set out in paragraph (b) of this subdivision] or she may,
22 subject to the provisions of subdivisions three and four of section
23 150.40 of this [title] article, instead issue to and serve upon such
24 person an appearance ticket.
25 [(b) An officer is not required to issue an appearance ticket if:
26 (i) the person has one or more outstanding local criminal court or
27 superior court warrants;
28 (ii) the person has failed to appear in court proceedings in the last
29 two years;
30 (iii) the person has been given a reasonable opportunity to make their
31 verifiable identity and a method of contact known, and has been unable
32 or unwilling to do so, so that a custodial arrest is necessary to
33 subject the individual to the jurisdiction of the court. For the
34 purposes of this section, an officer may rely on various factors to
35 determine a person's identity, including but not limited to personal
36 knowledge of such person, such person's self-identification, or photo-
37 graphic identification. There is no requirement that a person present
38 photographic identification in order to be issued an appearance ticket
39 in lieu of arrest where the person's identity is otherwise verifiable;
40 however, if offered by such person, an officer shall accept as evidence
41 of identity the following: a valid driver's license or non-driver iden-
42 tification card issued by the commissioner of motor vehicles, the feder-
43 al government, any United States territory, commonwealth or possession,
44 the District of Columbia, a state government or municipal government
45 within the United States or a provincial government of the dominion of
46 Canada; a valid passport issued by the United States government or any
47 other country; an identification card issued by the armed forces of the
48 United States; a public benefit card, as defined in paragraph (a) of
49 subdivision one of section 158.00 of the penal law;
50 (iv) the person is charged with a crime between members of the same
51 family or household, as defined in subdivision one of section 530.11 of
52 this chapter;
53 (v) the person is charged with a crime defined in article 130 of the
54 penal law;
55 (vi) it reasonably appears the person should be brought before the
56 court for consideration of issuance of an order of protection, pursuant
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1 to section 530.13 of this chapter, based on the facts of the crime or
2 offense that the officer has reasonable cause to believe occurred;
3 (vii) the person is charged with a crime for which the court may
4 suspend or revoke his or her driver license;
5 (viii) it reasonably appears to the officer, based on the observed
6 behavior of the individual in the present contact with the officer and
7 facts regarding the person's condition that indicates a sign of distress
8 to such a degree that the person would face harm without immediate
9 medical or mental health care, that bringing the person before the court
10 would be in such person's interest in addressing that need; provided,
11 however, that before making the arrest, the officer shall make all
12 reasonable efforts to assist the person in securing appropriate
13 services;
14 (ix) the person is eighteen years of age or older and charged with
15 criminal possession of a weapon on school grounds as defined in section
16 265.01-a of the penal law;
17 (x) the person is eighteen years of age or older and charged with a
18 hate crime as defined in section 485.05 of the penal law; or
19 (xi) the offense is a qualifying offense pursuant to paragraph (t) of
20 subdivision four of section 510.10 of this chapter, or pursuant to para-
21 graph (t) of subdivision four of section 530.40 of this chapter.]
22 § 4. The criminal procedure law is amended by adding a new section
23 150.30 to read as follows:
24 § 150.30 Appearance ticket; issuance and service thereof after arrest
25 upon posting of pre-arraignment bail.
26 1. Issuance and service of an appearance ticket by a police officer
27 following an arrest without a warrant, as prescribed in subdivision two
28 of section 150.20 of this article, may be made conditional upon the
29 posting of a sum of money, known as pre-arraignment bail. In such case,
30 the bail becomes forfeit upon failure of such person to comply with the
31 directions of the appearance ticket. The person posting such bail must
32 complete and sign a form which states (a) the name, residential address
33 and occupation of each person posting cash bail; and (b) the title of
34 the criminal action or proceeding involved; and (c) the offense or
35 offenses which are the subjects of the action or proceeding involved,
36 and the status of such action or proceeding; and (d) the name of the
37 principal and the nature of his or her involvement in or connection with
38 such action or proceeding; and (e) the date of the principal's next
39 appearance in court; and (f) an acknowledgement that the cash bail will
40 be forfeited if the principal does not comply with the directions of the
41 appearance ticket; and (g) the amount of money posted as cash bail. Such
42 pre-arraignment bail may be posted as provided in subdivision two or
43 three of this section.
44 2. A desk officer in charge at a police station, county jail, or
45 police headquarters, or any of his or her superior officers, may in such
46 place, fix pre-arraignment bail, in an amount prescribed in this subdi-
47 vision, and upon the posting thereof must issue and serve an appearance
48 ticket upon the arrested person, give a receipt for the bail, and
49 release such person from custody. Such pre-arraignment bail may be fixed
50 in the following amounts:
51 (a) If the arrest was for a class E felony, any amount not exceeding
52 seven hundred fifty dollars.
53 (b) If the arrest was for a class A misdemeanor, any amount not
54 exceeding five hundred dollars.
55 (c) If the arrest was for a class B misdemeanor or an unclassified
56 misdemeanor, any amount not exceeding two hundred fifty dollars.
A. 1754 4
1 (d) If the arrest was for a petty offense, any amount not exceeding
2 one hundred dollars.
3 3. A police officer, who has arrested a person without a warrant
4 pursuant to subdivision two of section 150.20 of this article for a
5 traffic infraction, may, where he or she reasonably believes that such
6 arrested person is not licensed to operate a motor vehicle by this state
7 or any state covered by a reciprocal compact guaranteeing appearance as
8 is provided in section five hundred seventeen of the vehicle and traffic
9 law, fix pre-arraignment bail in the amount of fifty dollars; provided,
10 however, such bail shall be posted by means of a credit card or similar
11 device. Upon the posting thereof, said officer must issue and serve an
12 appearance ticket upon the arrested person, give a receipt for the bail,
13 and release such person from custody.
14 4. The chief administrator of the courts shall establish a system for
15 the posting of pre-arraignment bail by means of credit card or similar
16 device, as is provided by section two hundred twelve of the judiciary
17 law. The head of each police department or police force and of any state
18 department, agency, board, commission or public authority having police
19 officers who fix pre-arraignment bail as provided herein may elect to
20 use the system established by the chief administrator or may establish
21 such other system for the posting of pre-arraignment bail by means of
22 credit card or similar device as he or she may deem appropriate.
23 § 5. Subdivision 1 of section 150.40 of the criminal procedure law, as
24 amended by section 8 of part UU of chapter 56 of the laws of 2020, is
25 amended to read as follows:
26 1. An appearance ticket must be made returnable [at a date as soon as
27 possible, but in no event later than twenty days from the date of issu-
28 ance; or at the next scheduled session of the appropriate local criminal
29 court if such session is scheduled to occur more than twenty days from
30 the date of issuance; or at a later date, with the court's permission
31 due to enrollment in a pre-arraignment diversion program. The appearance
32 ticket shall be made returnable] in a local criminal court designated in
33 section 100.55 of this title as one with which an information for the
34 offense in question may be filed.
35 § 6. Subdivision 1 of section 150.50 of the criminal procedure law, as
36 amended by chapter 450 of the laws of 2019, is amended to read as
37 follows:
38 1. A police officer or other public servant who has issued and served
39 an appearance ticket must, at or before the time such appearance ticket
40 is returnable, file or cause to be filed with the local criminal court
41 in which it is returnable a local criminal court accusatory instrument
42 charging the person named in such appearance ticket with the offense
43 specified therein[; provided, however, that no separate accusatory
44 instrument shall be required to be filed for an appearance ticket issued
45 for a parking infraction which conforms to the requirements set forth in
46 paragraph (b) of subdivision one of section 1.20 of this chapter]. Noth-
47 ing herein contained shall authorize the use of a simplified information
48 when not authorized by law.
49 § 7. Section 150.80 of the criminal procedure law is REPEALED.
50 § 8. Subdivisions 3-a, 3-b, 21 and 22 of section 500.10 of the crimi-
51 nal procedure law are REPEALED.
52 § 9. Subdivisions 5, 6, 7 and 9 of section 500.10 of the criminal
53 procedure law, as amended by section 1-e of part JJJ of chapter 59 of
54 the laws of 2019, are amended to read as follows:
55 5. "Securing order" means an order of a court committing a principal
56 to the custody of the sheriff or fixing bail, [where authorized,] or
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1 releasing the principal on the principal's own recognizance [or releas-
2 ing the principal under non-monetary conditions].
3 6. "Order of recognizance or bail" means a securing order releasing a
4 principal on the principal's own recognizance or [under non-monetary
5 conditions or, where authorized,] fixing bail.
6 7. "Application for recognizance or bail" means an application by a
7 principal that the court, instead of committing the principal to or
8 retaining the principal in the custody of the sheriff, either release
9 the principal on the principal's own recognizance[, release under non-
10 monetary conditions, or, where authorized,] or fix bail.
11 9. "Bail" means cash bail[,] or a bail bond [or money paid with a
12 credit card].
13 § 10. Section 510.10 of the criminal procedure law, as amended by
14 section 2 of part JJJ of chapter 59 of the laws of 2019, subdivision 1
15 as amended by section 1 of subpart C of part UU of chapter 56 of the
16 laws of 2022, subdivision 4 as amended by section 2 of part UU of chap-
17 ter 56 of the laws of 2020, and paragraphs (s) and (t) of subdivision 4
18 as amended and paragraph (u) of subdivision 4 as added by section 2 of
19 subpart B of part UU of chapter 56 of the laws of 2022, is amended to
20 read as follows:
21 § 510.10 Securing order[; when required; alternatives available; stand-
22 ard to be applied].
23 1. When a principal, whose future court attendance at a criminal
24 action or proceeding is or may be required, initially comes under the
25 control of a court, such court shall[, in accordance with this title,]
26 by a securing order, either release the principal on the principal's own
27 recognizance, [release the principal under non-monetary conditions, or,
28 where authorized,] fix bail or commit the principal to the custody of
29 the sheriff. [In all such cases, except where another type of securing
30 order is shown to be required by law, the court shall release the prin-
31 cipal pending trial on the principal's own recognizance, unless it is
32 demonstrated and the court makes an individualized determination that
33 the principal poses a risk of flight to avoid prosecution. If such a
34 finding is made, the court must select the least restrictive alternative
35 and condition or conditions that will reasonably assure the principal's
36 return to court. The court shall explain its choice of release, release
37 with conditions, bail or remand on the record or in writing. In making
38 its determination, the court must consider and take into account avail-
39 able information about the principal, including:
40 (a) The principal's activities and history;
41 (b) If the principal is a defendant, the charges facing the principal;
42 (c) The principal's criminal conviction record if any;
43 (d) The principal's record of previous adjudication as a juvenile
44 delinquent, as retained pursuant to section 354.1 of the family court
45 act, or, of pending cases where fingerprints are retained pursuant to
46 section 306.1 of such act, or a youthful offender, if any;
47 (e) The principal's previous record with respect to flight to avoid
48 criminal prosecution;
49 (f) If monetary bail is authorized, according to the restrictions set
50 forth in this title, the principal's individual financial circumstances,
51 and, in cases where bail is authorized, the principal's ability to post
52 bail without posing undue hardship, as well as his or her ability to
53 obtain a secured, unsecured, or partially secured bond;
54 (g) Any violation by the principal of an order of protection issued by
55 any court;
56 (h) The principal's history of use or possession of a firearm;
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1 (i) Whether the charge is alleged to have caused serious harm to an
2 individual or group of individuals; and
3 (j) If the principal is a defendant, in the case of an application for
4 a securing order pending appeal, the merit or lack of merit of the
5 appeal.
6 2. A principal is entitled to representation by counsel under this
7 chapter in preparing an application for release, when a securing order
8 is being considered and when a securing order is being reviewed for
9 modification, revocation or termination. If the principal is financially
10 unable to obtain counsel, counsel shall be assigned to the principal.
11 3. In cases other than as described in subdivision four of this
12 section the court shall release the principal pending trial on the prin-
13 cipal's own recognizance, unless the court finds on the record or in
14 writing that release on the principal's own recognizance will not
15 reasonably assure the principal's return to court. In such instances,
16 the court shall release the principal under non-monetary conditions,
17 selecting the least restrictive alternative and conditions that will
18 reasonably assure the principal's return to court. The court shall
19 explain its choice of alternative and conditions on the record or in
20 writing.
21 4. Where the principal stands charged with a qualifying offense, the
22 court, unless otherwise prohibited by law, may in its discretion release
23 the principal pending trial on the principal's own recognizance or under
24 non-monetary conditions, fix bail, or, where the defendant is charged
25 with a qualifying offense which is a felony, the court may commit the
26 principal to the custody of the sheriff. A principal stands charged with
27 a qualifying offense for the purposes of this subdivision when he or she
28 stands charged with:
29 (a) a felony enumerated in section 70.02 of the penal law, other than
30 robbery in the second degree as defined in subdivision one of section
31 160.10 of the penal law, provided, however, that burglary in the second
32 degree as defined in subdivision two of section 140.25 of the penal law
33 shall be a qualifying offense only where the defendant is charged with
34 entering the living area of the dwelling;
35 (b) a crime involving witness intimidation under section 215.15 of the
36 penal law;
37 (c) a crime involving witness tampering under section 215.11, 215.12
38 or 215.13 of the penal law;
39 (d) a class A felony defined in the penal law, provided that for class
40 A felonies under article two hundred twenty of the penal law, only class
41 A-I felonies shall be a qualifying offense;
42 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
43 the penal law, or a felony sex offense defined in section 70.80 of the
44 penal law, or a crime involving incest as defined in section 255.25,
45 255.26 or 255.27 of such law, or a misdemeanor defined in article one
46 hundred thirty of such law;
47 (f) conspiracy in the second degree as defined in section 105.15 of
48 the penal law, where the underlying allegation of such charge is that
49 the defendant conspired to commit a class A felony defined in article
50 one hundred twenty-five of the penal law;
51 (g) money laundering in support of terrorism in the first degree as
52 defined in section 470.24 of the penal law; money laundering in support
53 of terrorism in the second degree as defined in section 470.23 of the
54 penal law; money laundering in support of terrorism in the third degree
55 as defined in section 470.22 of the penal law; money laundering in
56 support of terrorism in the fourth degree as defined in section 470.21
A. 1754 7
1 of the penal law; or a felony crime of terrorism as defined in article
2 four hundred ninety of the penal law, other than the crime defined in
3 section 490.20 of such law;
4 (h) criminal contempt in the second degree as defined in subdivision
5 three of section 215.50 of the penal law, criminal contempt in the first
6 degree as defined in subdivision (b), (c) or (d) of section 215.51 of
7 the penal law or aggravated criminal contempt as defined in section
8 215.52 of the penal law, and the underlying allegation of such charge of
9 criminal contempt in the second degree, criminal contempt in the first
10 degree or aggravated criminal contempt is that the defendant violated a
11 duly served order of protection where the protected party is a member of
12 the defendant's same family or household as defined in subdivision one
13 of section 530.11 of this title;
14 (i) facilitating a sexual performance by a child with a controlled
15 substance or alcohol as defined in section 263.30 of the penal law, use
16 of a child in a sexual performance as defined in section 263.05 of the
17 penal law or luring a child as defined in subdivision one of section
18 120.70 of the penal law, promoting an obscene sexual performance by a
19 child as defined in section 263.10 of the penal law or promoting a sexu-
20 al performance by a child as defined in section 263.15 of the penal law;
21 (j) any crime that is alleged to have caused the death of another
22 person;
23 (k) criminal obstruction of breathing or blood circulation as defined
24 in section 121.11 of the penal law, strangulation in the second degree
25 as defined in section 121.12 of the penal law or unlawful imprisonment
26 in the first degree as defined in section 135.10 of the penal law, and
27 is alleged to have committed the offense against a member of the defend-
28 ant's same family or household as defined in subdivision one of section
29 530.11 of this title;
30 (l) aggravated vehicular assault as defined in section 120.04-a of the
31 penal law or vehicular assault in the first degree as defined in section
32 120.04 of the penal law;
33 (m) assault in the third degree as defined in section 120.00 of the
34 penal law or arson in the third degree as defined in section 150.10 of
35 the penal law, when such crime is charged as a hate crime as defined in
36 section 485.05 of the penal law;
37 (n) aggravated assault upon a person less than eleven years old as
38 defined in section 120.12 of the penal law or criminal possession of a
39 weapon on school grounds as defined in section 265.01-a of the penal
40 law;
41 (o) grand larceny in the first degree as defined in section 155.42 of
42 the penal law, enterprise corruption as defined in section 460.20 of the
43 penal law, or money laundering in the first degree as defined in section
44 470.20 of the penal law;
45 (p) failure to register as a sex offender pursuant to section one
46 hundred sixty-eight-t of the correction law or endangering the welfare
47 of a child as defined in subdivision one of section 260.10 of the penal
48 law, where the defendant is required to maintain registration under
49 article six-C of the correction law and designated a level three offen-
50 der pursuant to subdivision six of section one hundred sixty-eight-l of
51 the correction law;
52 (q) a crime involving bail jumping under section 215.55, 215.56 or
53 215.57 of the penal law, or a crime involving escaping from custody
54 under section 205.05, 205.10 or 205.15 of the penal law;
55 (r) any felony offense committed by the principal while serving a
56 sentence of probation or while released to post release supervision;
A. 1754 8
1 (s) a felony, where the defendant qualifies for sentencing on such
2 charge as a persistent felony offender pursuant to section 70.10 of the
3 penal law;
4 (t) any felony or class A misdemeanor involving harm to an identifi-
5 able person or property, or any charge of criminal possession of a
6 firearm as defined in section 265.01-b of the penal law, where such
7 charge arose from conduct occurring while the defendant was released on
8 his or her own recognizance, released under conditions, or had yet to be
9 arraigned after the issuance of a desk appearance ticket for a separate
10 felony or class A misdemeanor involving harm to an identifiable person
11 or property, or any charge of criminal possession of a firearm as
12 defined in section 265.01-b of the penal law, provided, however, that
13 the prosecutor must show reasonable cause to believe that the defendant
14 committed the instant crime and any underlying crime. For the purposes
15 of this subparagraph, any of the underlying crimes need not be a quali-
16 fying offense as defined in this subdivision. For the purposes of this
17 paragraph, "harm to an identifiable person or property" shall include
18 but not be limited to theft of or damage to property. However, based
19 upon a review of the facts alleged in the accusatory instrument, if the
20 court determines that such theft is negligible and does not appear to be
21 in furtherance of other criminal activity, the principal shall be
22 released on his or her own recognizance or under appropriate non-mone-
23 tary conditions; or
24 (u) criminal possession of a weapon in the third degree as defined in
25 subdivision three of section 265.02 of the penal law or criminal sale of
26 a firearm to a minor as defined in section 265.16 of the penal law.
27 5. Notwithstanding the provisions of subdivisions three and four of
28 this section, with respect to any charge for which bail or remand is not
29 ordered, and for which the court would not or could not otherwise
30 require bail or remand, a defendant may, at any time, request that the
31 court set bail in a nominal amount requested by the defendant in the
32 form specified in paragraph (a) of subdivision one of section 520.10 of
33 this title; if the court is satisfied that the request is voluntary, the
34 court shall set such bail in such amount.
35 6.] When a securing order is revoked or otherwise terminated in the
36 course of an uncompleted action or proceeding but the principal's future
37 court attendance still is or may be required and the principal is still
38 under the control of a court, a new securing order must be issued. When
39 the court revokes or otherwise terminates a securing order which commit-
40 ted the principal to the custody of the sheriff, the court shall give
41 written notification to the sheriff of such revocation or termination of
42 the securing order.
43 2. The court shall release the principal on personal recognizance or
44 on bail unless the court makes an individualized determination that:
45 (a) the principal poses a risk of flight to avoid prosecution; (b) the
46 principal poses a risk of failing to appear in court based on the prin-
47 cipal's record of a prior criminal conviction or failure to appear in
48 prior court proceedings; or (c) the principal poses a risk of endanger-
49 ing the safety of any other person or the community. If the court finds
50 that the principal poses a risk of flight or a risk of failure to appear
51 but does not pose a risk of endangering the safety of any other person
52 or the community, the court shall release the principal subject to the
53 lowest reasonable bail and/or the least restrictive further condition or
54 combination of conditions that will reasonably ensure the appearance of
55 the principal considering the nature and circumstances of the charged
56 offense, the weight of the evidence, the history and characteristics of
A. 1754 9
1 the principal, and the nature and seriousness of the danger posed by the
2 principal's release. If the court determines that no condition or combi-
3 nation of conditions will reasonably assure the appearance of the prin-
4 cipal and the safety of any other person of the community, the court
5 shall order detention without bail.
6 3. If the principal is arrested during the interim period while await-
7 ing a preliminary hearing or trial, the court shall revoke or otherwise
8 terminate the securing order and issue a new securing order taking into
9 account the subsequent arrest.
10 4. (a) All securing orders issued under this section where the princi-
11 pal is incarcerated solely because of said order shall be reviewed and
12 re-evaluated by the court no later than:
13 (i) every four weeks thereafter where a class A misdemeanor is the
14 highest grade offense;
15 (ii) every six weeks thereafter where a class E felony is the highest
16 grade offense;
17 (iii) every eight weeks thereafter where a class D felony is the high-
18 est grade offense;
19 (iv) every ten weeks thereafter where a class C felony is the highest
20 grade offense; or
21 (v) every twelve weeks thereafter where a class B felony is the high-
22 est grade offense.
23 (b) Upon such review or re-evaluation, the court shall reconsider
24 whether the principal should be released on personal recognizance or
25 upon posting reduced bail in the interests of justice after considering
26 the length of time the principal has already been incarcerated, the
27 likely sentence that would be imposed if the principal were found guilty
28 or plead guilty to the charged offense, the nature and circumstances of
29 the charged offense, the weight of the evidence, the history and charac-
30 teristics of the principal, the nature and seriousness of the danger
31 posed by the principal's release, and whether the principal should be
32 released subject to a further condition, or combination of conditions,
33 that reasonably justifies the release of the principal on personal
34 recognizance or reduced bail, and such other factors in the interests of
35 justice as reasonably determined by the court based on an individualized
36 determination as to whether and to what extent that the principal
37 continues to pose a risk of flight to avoid prosecution, continues to
38 pose a risk of failing to appear in court based on the principal's
39 record of a prior criminal conviction or failure to appear in prior
40 court proceedings, or continues to pose a risk of endangering the safety
41 of any other person or the community. If the court determines that no
42 condition or combination of conditions will reasonably ensure the
43 appearance of the principal and the safety of any other person of the
44 community, the court shall continue to detain the principal without bail
45 or without a reduction in the amount of the bail.
46 § 11. Section 510.20 of the criminal procedure law, as amended by
47 section 3 of part JJJ of chapter 59 of the laws of 2019, is amended to
48 read as follows:
49 § 510.20 Application for [a change in securing order] recognizance or
50 bail; making and determination thereof in general.
51 1. Upon any occasion when a court [has issued] is required to issue a
52 securing order with respect to a principal [and the], or at any time
53 when a principal is confined in the custody of the sheriff as a result
54 of the securing order or a previously issued securing order, the princi-
55 pal may make an application for recognizance[, release under non-mone-
56 tary conditions] or bail.
A. 1754 10
1 2. [(a) The principal is entitled to representation by counsel in the
2 making and presentation of such application. If the principal is finan-
3 cially unable to obtain counsel, counsel shall be assigned to the prin-
4 cipal.
5 (b)] Upon such application, the principal must be accorded an opportu-
6 nity to be heard[, present evidence] and to contend that an order of
7 recognizance[, release under non-monetary conditions] or[, where author-
8 ized,] bail must or should issue, that the court should release the
9 principal on the principal's own recognizance [or under non-monetary
10 conditions] rather than fix bail, and that if bail is [authorized and]
11 fixed it should be in a suggested amount and form.
12 § 12. Section 510.30 of the criminal procedure law, as amended by
13 section 5 of part JJJ of chapter 59 of the laws of 2019, subdivision 1
14 as amended by section 2 of subpart C of part UU of chapter 56 of the
15 laws of 2022, is amended to read as follows:
16 § 510.30 Application for [securing order] recognizance or bail; rules of
17 law and criteria controlling determination.
18 1. Determinations of applications for recognizance or bail are not in
19 all cases discretionary but are subject to rules, prescribed in article
20 five hundred thirty of this title and other provisions of law relating
21 to specific kinds of criminal actions and proceedings, providing (a)
22 that in some circumstances such an application must as a matter of law
23 be granted, (b) that in others it must as a matter of law be denied and
24 the principal committed to or retained in the custody of the sheriff,
25 and (c) that in others the granting or denial thereof is a matter of
26 judicial discretion.
27 2. To the extent that the issuance of an order of recognizance or bail
28 and the terms thereof are matters of discretion rather than of law, an
29 application is determined on the basis of the following factors and
30 criteria:
31 (a) With respect to any principal, the court [in all cases, unless
32 otherwise provided by law,] must [impose the least restrictive] consider
33 the kind and degree of control or restriction that is necessary to
34 secure the principal's return to court when required. In determining
35 that matter, the court must, on the basis of available information,
36 consider and take into account [information about the principal that is
37 relevant to the principal's return to court, including]:
38 [(a) The principal's activities and history;
39 (b) If the principal is a defendant, the charges facing the principal;
40 (c)] (i) The principal's character, reputation, habits and mental
41 condition;
42 (ii) The principal's employment and financial resources;
43 (iii) The principal's family ties and the length of his or her resi-
44 dence if any in the community;
45 (iv) The principal's criminal [conviction] record if any;
46 [(d)] (v) The principal's record of previous adjudication as a juve-
47 nile delinquent, as retained pursuant to section 354.2 of the family
48 court act, or, of pending cases where fingerprints are retained pursuant
49 to section 306.1 of such act, or a youthful offender, if any;
50 [(e)] (vi) The principal's previous record if any in responding to
51 court appearances when required or with respect to flight to avoid crim-
52 inal prosecution;
53 [(f) If monetary bail is authorized, according to the restrictions set
54 forth in this title, the principal's individual financial circumstances,
55 and, in cases where bail is authorized, the principal's ability to post
A. 1754 11
1 bail without posing undue hardship, as well as his or her ability to
2 obtain a secured, unsecured, or partially secured bond;
3 (g)] (vii) Where the principal is charged with a crime or crimes
4 against a member or members of the same family or household as that term
5 is defined in subdivision one of section 530.11 of this title, the
6 following factors:
7 (A) any violation by the principal of an order of protection issued by
8 any court; and
9 [(h)] (B) the principal's history of use or possession of a firearm;
10 [(i) whether the charge is alleged to have caused serious harm to an
11 individual or group of individuals; and
12 (j)] (viii) If the principal is a defendant, the weight of the
13 evidence against him or her in the pending criminal action and any other
14 factor indicating probability or improbability of conviction; or, in the
15 case of an application for [a securing order] bail or recognizance pend-
16 ing appeal, the merit or lack of merit of the appeal; and
17 (ix) If he or she is a defendant, the sentence which may be or has
18 been imposed upon conviction.
19 [2.] (b) Where the principal is a defendant-appellant in a pending
20 appeal from a judgment of conviction, the court must also consider the
21 likelihood of ultimate reversal of the judgment. A determination that
22 the appeal is palpably without merit alone justifies, but does not
23 require, a denial of the application, regardless of any determination
24 made with respect to the factors specified in paragraph (a) of this
25 subdivision [one of this section].
26 3. When bail or recognizance is ordered, the court shall inform the
27 principal, if the principal is a defendant charged with the commission
28 of a felony, that the release is conditional and that the court may
29 revoke the order of release and [may be authorized] to commit the prin-
30 cipal to the custody of the sheriff in accordance with the provisions of
31 subdivision two of section 530.60 of this [chapter] title if the princi-
32 pal commits a subsequent felony while at liberty upon such order.
33 § 13. Section 510.40 of the criminal procedure law, as amended by
34 section 6 of part JJJ of chapter 59 of the laws of 2019 and paragraph
35 (c) of subdivision 4 as amended by section 7 of part UU of chapter 56 of
36 the laws of 2020, is amended to read as follows:
37 § 510.40 [Court notification to principal of conditions of release and
38 of alleged violations of conditions of release] Application
39 for recognizance or bail; determination thereof, form of
40 securing order and execution thereof.
41 1. An application for recognizance or bail must be determined by a
42 securing order which either:
43 (a) Grants the application and releases the principal on his or her
44 own recognizance; or
45 (b) Grants the application and fixes bail; or
46 (c) Denies the application and commits the principal to, or retains
47 him or her in, the custody of the sheriff.
48 2. Upon ordering that a principal be released on the principal's own
49 recognizance, [or released under non-monetary conditions, or, if bail
50 has been fixed, upon the posting of bail,] the court must direct the
51 principal to appear in the criminal action or proceeding involved when-
52 ever the principal's attendance may be required and to [be] render the
53 principal at all times amenable to the orders and processes of the
54 court. If such principal is in the custody of the sheriff or at liberty
55 upon bail at the time of the order, the court must direct that the prin-
A. 1754 12
1 cipal be discharged from such custody or, as the case may be, that the
2 principal's bail be exonerated.
3 [2.] 3. Upon the issuance of an order fixing bail[, where authorized,]
4 and upon the posting thereof, the court must examine the bail to deter-
5 mine whether it complies with the order. If it does, the court must, in
6 the absence of some factor or circumstance which in law requires or
7 authorizes disapproval thereof, approve the bail and must issue a
8 certificate of release, authorizing the principal to be at liberty, and,
9 if the principal is in the custody of the sheriff at the time, directing
10 the sheriff to discharge the principal therefrom. If the bail fixed is
11 not posted, or is not approved after being posted, the court must order
12 that the principal be committed to the custody of the sheriff. [In the
13 event of any such non-approval, the court shall explain promptly in
14 writing the reasons therefor.
15 3. Non-monetary conditions of release shall be individualized and
16 established in writing by the court. At future court appearances, the
17 court shall consider a lessening of conditions or modification of condi-
18 tions to a less burdensome form based on the principal's compliance with
19 such conditions of release. In the event of alleged non-compliance with
20 the conditions of release in an important respect, pursuant to this
21 subdivision, additional conditions may be imposed by the court, on the
22 record or in writing, only after notice of the facts and circumstances
23 of such alleged non-compliance, reasonable under the circumstances,
24 affording the principal and the principal's attorney and the people an
25 opportunity to present relevant, admissible evidence, relevant witnesses
26 and to cross-examine witnesses, and a finding by clear and convincing
27 evidence that the principal violated a condition of release in an impor-
28 tant respect. Following such a finding, in determining whether to impose
29 additional conditions for non-compliance, the court shall consider and
30 may select conditions consistent with the court's obligation to impose
31 the least restrictive condition or conditions that will reasonably
32 assure the defendant's return to court. The court shall explain on the
33 record or in writing the reasons for its determination and for any
34 changes to the conditions imposed.
35 4. (a) Electronic monitoring of a principal's location may be ordered
36 only if the court finds, after notice, an opportunity to be heard and an
37 individualized determination explained on the record or in writing, that
38 the defendant qualifies for electronic monitoring in accordance with
39 subdivision twenty-one of section 500.10 of this title, and no other
40 realistic non-monetary condition or set of non-monetary conditions will
41 suffice to reasonably assure a principal's return to court.
42 (b) The specific method of electronic monitoring of the principal's
43 location must be approved by the court. It must be the least restrictive
44 procedure and method that will reasonably assure the principal's return
45 to court, and unobtrusive to the greatest extent practicable.
46 (c) Electronic monitoring of the location of a principal may be
47 conducted only by a public entity under the supervision and control of a
48 county or municipality or a non-profit entity under contract to the
49 county, municipality or the state. A county or municipality shall be
50 authorized to enter into a contract with another county or municipality
51 in the state to monitor principals under non-monetary conditions of
52 release in its county, but counties, municipalities and the state shall
53 not contract with any private for-profit entity for such purposes.
54 Counties, municipalities and the state may contract with a private for-
55 profit entity to supply electronic monitoring devices or other items,
56 provided that any interaction with persons under electronic monitoring
A. 1754 13
1 or the data produced by such monitoring shall be conducted solely by
2 employees of a county, municipality, the state, or a non-profit entity
3 under contract with such county, municipality or the state.
4 (d) Electronic monitoring of a principal's location may be for a maxi-
5 mum period of sixty days, and may be renewed for such period, after
6 notice, an opportunity to be heard and a de novo, individualized deter-
7 mination in accordance with this subdivision, which shall be explained
8 on the record or in writing.
9 A defendant subject to electronic location monitoring under this
10 subdivision shall be considered held or confined in custody for purposes
11 of section 180.80 of this chapter and shall be considered committed to
12 the custody of the sheriff for purposes of section 170.70 of the chap-
13 ter, as applicable.
14 5. If a principal is released under non-monetary conditions, the court
15 shall, on the record and in an individualized written document provided
16 to the principal, notify the principal, in plain language and a manner
17 sufficiently clear and specific:
18 (a) of any conditions to which the principal is subject, to serve as a
19 guide for the principal's conduct; and
20 (b) that the possible consequences for violation of such a condition
21 may include revocation of the securing order and the ordering of a more
22 restrictive securing order.]
23 § 14. Sections 510.43 and 510.45 of the criminal procedure law are
24 REPEALED.
25 § 15. Section 510.50 of the criminal procedure law, as amended by
26 section 9 of part JJJ of chapter 59 of the laws of 2019, is amended to
27 read as follows:
28 § 510.50 Enforcement of securing order.
29 [1.] When the attendance of a principal confined in the custody of the
30 sheriff is required at the criminal action or proceeding at a particular
31 time and place, the court may compel such attendance by directing the
32 sheriff to produce the principal at such time and place. If the princi-
33 pal is at liberty on the principal's own recognizance [or non-monetary
34 conditions] or on bail, the principal's attendance may be achieved or
35 compelled by various methods, including notification and the issuance of
36 a bench warrant, prescribed by law in provisions governing such matters
37 with respect to the particular kind of action or proceeding involved.
38 [2. Except when the principal is charged with a new crime while at
39 liberty, absent relevant, credible evidence demonstrating that a princi-
40 pal's failure to appear for a scheduled court appearance was willful,
41 the court, prior to issuing a bench warrant for a failure to appear for
42 a scheduled court appearance, shall provide at least forty-eight hours
43 notice to the principal or the principal's counsel that the principal is
44 required to appear, in order to give the principal an opportunity to
45 appear voluntarily.]
46 § 16. Paragraph (b) of subdivision 2 of section 520.10 of the criminal
47 procedure law, as amended by section 10 of part JJJ of chapter 59 of the
48 laws of 2019, is amended to read as follows:
49 (b) The court [shall] may direct that the bail be posted in any one of
50 [three] two or more of the forms specified in subdivision one of this
51 section, designated in the alternative, and may designate different
52 amounts varying with the forms[, except that one of the forms shall be
53 either an unsecured or partially secured surety bond, as selected by the
54 court].
A. 1754 14
1 § 17. Section 530.10 of the criminal procedure law, as amended by
2 section 11 of part JJJ of chapter 59 of the laws of 2019, is amended to
3 read as follows:
4 § 530.10 Order of recognizance [release under non-monetary conditions]
5 or bail; in general.
6 Under circumstances prescribed in this article, a court, upon applica-
7 tion of a defendant charged with or convicted of an offense, is required
8 [to issue a securing order] or authorized to order bail or recognizance
9 for the release or prospective release of such defendant during the
10 pendency of either:
11 1. A criminal action based upon such charge; or
12 2. An appeal taken by the defendant from a judgment of conviction or a
13 sentence or from an order of an intermediate appellate court affirming
14 or modifying a judgment of conviction or a sentence.
15 § 18. Subdivision 4 of section 530.11 of the criminal procedure law,
16 as amended by section 12 of part JJJ of chapter 59 of the laws of 2019,
17 is amended to read as follows:
18 4. When a person is arrested for an alleged family offense or an
19 alleged violation of an order of protection or temporary order of
20 protection or arrested pursuant to a warrant issued by the supreme or
21 family court, and the supreme or family court, as applicable, is not in
22 session, such person shall be brought before a local criminal court in
23 the county of arrest or in the county in which such warrant is return-
24 able pursuant to article one hundred twenty of this chapter. Such local
25 criminal court may issue any order authorized under subdivision eleven
26 of section 530.12 of this article, section one hundred fifty-four-d or
27 one hundred fifty-five of the family court act or subdivision three-b of
28 section two hundred forty or subdivision two-a of section two hundred
29 fifty-two of the domestic relations law, in addition to discharging
30 other arraignment responsibilities as set forth in this chapter. In
31 making such order, the local criminal court shall consider [de novo] the
32 bail recommendation [and securing order], if any, made by the supreme or
33 family court as indicated on the warrant or certificate of warrant.
34 Unless the petitioner or complainant requests otherwise, the court, in
35 addition to scheduling further criminal proceedings, if any, regarding
36 such alleged family offense or violation allegation, shall make such
37 matter returnable in the supreme or family court, as applicable, on the
38 next day such court is in session.
39 § 19. Subdivision 11 of section 530.12 of the criminal procedure law,
40 as amended by section 15 of part JJJ of chapter 59 of the laws of 2019,
41 is amended to read as follows:
42 11. If a defendant is brought before the court for failure to obey any
43 lawful order issued under this section, or an order of protection issued
44 by a court of competent jurisdiction in another state, territorial or
45 tribal jurisdiction, and if, after hearing, the court is satisfied by
46 competent proof that the defendant has willfully failed to obey any such
47 order, the court may:
48 (a) revoke an order of recognizance [or release under non-monetary
49 conditions] or revoke an order of bail or order forfeiture of such bail
50 and commit the defendant to custody; or
51 (b) restore the case to the calendar when there has been an adjourn-
52 ment in contemplation of dismissal and commit the defendant to custody;
53 or
54 (c) revoke a conditional discharge in accordance with section 410.70
55 of this chapter and impose probation supervision or impose a sentence of
A. 1754 15
1 imprisonment in accordance with the penal law based on the original
2 conviction; or
3 (d) revoke probation in accordance with section 410.70 of this chapter
4 and impose a sentence of imprisonment in accordance with the penal law
5 based on the original conviction. In addition, if the act which consti-
6 tutes the violation of the order of protection or temporary order of
7 protection is a crime or a violation the defendant may be charged with
8 and tried for that crime or violation.
9 § 20. The opening paragraph of subdivision 1 of section 530.13 of the
10 criminal procedure law, as amended by section 14 of part JJJ of chapter
11 59 of the laws of 2019, is amended to read as follows:
12 When any criminal action is pending, and the court has not issued a
13 temporary order of protection pursuant to section 530.12 of this arti-
14 cle, the court, in addition to the other powers conferred upon it by
15 this chapter, may for good cause shown issue a temporary order of
16 protection in conjunction with any securing order committing the defend-
17 ant to the custody of the sheriff or as a condition of a pre-trial
18 release, or as a condition of release on bail or an adjournment in
19 contemplation of dismissal. In addition to any other conditions, such an
20 order may require that the defendant:
21 § 21. Paragraph (a) of subdivision 8 of section 530.13 of the criminal
22 procedure law, as amended by section 13 of part JJJ of chapter 59 of the
23 laws of 2019, is amended to read as follows:
24 (a) revoke an order of recognizance[, release under non-monetary
25 conditions] or bail and commit the defendant to custody; or
26 § 22. Section 530.20 of the criminal procedure law is REPEALED and a
27 new section 530.20 is added to read as follows:
28 § 530.20 Order of recognizance or bail; by local criminal court when
29 action is pending therein.
30 When a criminal action is pending in a local criminal court, such
31 court, upon application of a defendant, must or may order recognizance
32 or bail as follows:
33 1. When the defendant is charged, by information, simplified informa-
34 tion, prosecutor's information or misdemeanor complaint, with an offense
35 or offenses of less than felony grade only, the court must order recog-
36 nizance or bail.
37 2. When the defendant is charged, by felony complaint, with a felony,
38 the court may, in its discretion, order recognizance or bail except as
39 otherwise provided in this subdivision:
40 (a) A city court, a town court or a village court may not order recog-
41 nizance or bail when (i) the defendant is charged with a class A felony,
42 or (ii) it appears that the defendant has two previous felony
43 convictions;
44 (b) No local criminal court may order recognizance or bail with
45 respect to a defendant charged with a felony unless and until:
46 (i) The district attorney has been heard in the matter or, after know-
47 ledge or notice of the application and reasonable opportunity to be
48 heard, has failed to appear at the proceeding or has otherwise waived
49 his or her right to do so; and
50 (ii) The court has been furnished with a report of the division of
51 criminal justice services concerning the defendant's criminal record if
52 any or with a police department report with respect to the defendant's
53 prior arrest record. If neither report is available, the court, with the
54 consent of the district attorney, may dispense with this requirement;
55 provided, however, that in an emergency, including but not limited to a
56 substantial impairment in the ability of such division or police depart-
A. 1754 16
1 ment to timely furnish such report, such consent shall not be required
2 if, for reasons stated on the record, the court deems it unnecessary.
3 When the court has been furnished with any such report or record, it
4 shall furnish a copy thereof to counsel for the defendant or, if the
5 defendant is not represented by counsel, to the defendant.
6 3. The court shall make an individualized determination if: (a) the
7 defendant poses a risk of flight to avoid prosecution; (b) the defendant
8 poses a risk of failing to appear in court based on the defendant's
9 record of a prior criminal conviction or failure to appear in prior
10 court proceedings; or (c) the defendant poses a risk of endangering the
11 safety of any other person or the community. If the court finds that the
12 defendant poses a risk of flight or a risk of failure to appear but does
13 not pose a risk of endangering the safety of any other person or the
14 community, the court shall release the defendant subject to the lowest
15 reasonable bail and/or the least restrictive further condition or combi-
16 nation of conditions that will reasonably ensure the appearance of the
17 defendant considering the nature and circumstances of the charged
18 offense, the weight of the evidence, the history and characteristics of
19 the defendant, and the nature and seriousness of the danger posed by the
20 defendant's release. If the court determines that no condition or combi-
21 nation of conditions will reasonably assure the appearance of the
22 defendant and the safety of any other person of the community, the court
23 shall order detention without bail.
24 4. If the defendant is arrested during the interim period while await-
25 ing a preliminary hearing or trial, the court shall revoke or otherwise
26 terminate the previous order and issue a new order taking into account
27 the subsequent arrest.
28 5. (a) All orders issued under this section where the defendant is
29 incarcerated solely because of said order shall be reviewed and re-eval-
30 uated by the court no later than:
31 (i) every four weeks thereafter where a class A misdemeanor is the
32 highest grade offense;
33 (ii) every six weeks thereafter where a class E felony is the highest
34 grade offense;
35 (iii) every eight weeks thereafter where a class D felony is the high-
36 est grade offense;
37 (iv) every ten weeks thereafter where a class C felony is the highest
38 grade offense; or
39 (v) every twelve weeks thereafter where a class B felony is the high-
40 est grade offense.
41 (b) Upon such review or re-evaluation, the court shall reconsider
42 whether the defendant should be released on personal recognizance or
43 upon posting reduced bail in the interests of justice after considering
44 the length of time the defendant has already been incarcerated, the
45 likely sentence that would be imposed if the defendant were found guilty
46 or pled guilty to the charged offense, the nature and circumstances of
47 the charged offense, the weight of the evidence, the history and charac-
48 teristics of the defendant, the nature and seriousness of the danger
49 posed by the defendant's release, and whether the principal should be
50 released subject to a further condition, or combination of conditions,
51 that reasonably justifies the release of the defendant on personal
52 recognizance or reduced bail, and such other factors in the interests of
53 justice as reasonably determined by the court based on an individualized
54 determination as to whether and to what extent that the defendant
55 continues to pose a risk of flight to avoid prosecution, continues to
56 pose a risk of failing to appear in court based on the defendant's
A. 1754 17
1 record of a prior criminal conviction or failure to appear in prior
2 court proceedings, or continues to pose a risk of endangering the safety
3 of any other person or the community. If the court determines that no
4 condition or combination of conditions will reasonably ensure the
5 appearance of the defendant and the safety of any other person of the
6 community, the court shall continue to detain the defendant without bail
7 or without a reduction in the amount of the bail.
8 § 23. The section heading and subdivisions 1 and 2 of section 530.30
9 of the criminal procedure law, as amended by section 17 of part JJJ of
10 chapter 59 of the laws of 2019, are amended to read as follows:
11 Order of recognizance[, release under non-monetary conditions] or bail;
12 by superior court judge when action is pending in local criminal court.
13 1. When a criminal action is pending in a local criminal court, other
14 than one consisting of a superior court judge sitting as such, a judge
15 of a superior court holding a term thereof in the county, upon applica-
16 tion of a defendant, may order recognizance[, release under non-monetary
17 conditions] or[, where authorized,] bail when such local criminal court:
18 (a) Lacks authority to issue such an order, pursuant to the relevant
19 provisions of section 530.20 of this article; or
20 (b) Has denied an application for recognizance[, release under non-
21 monetary conditions] or bail; or
22 (c) Has fixed bail[, where authorized,] which is excessive[; or
23 (d) Has set a securing order of release under non-monetary conditions
24 which are more restrictive than necessary to reasonably assure the
25 defendant's return to court].
26 In such case, such superior court judge may vacate the order of such
27 local criminal court and release the defendant on his or her own recog-
28 nizance [or under non-monetary conditions,] or [where authorized,] fix
29 bail in a lesser amount or in a less burdensome form[, whichever are the
30 least restrictive alternative and conditions that will reasonably assure
31 the defendant's return to court. The court shall explain its choice of
32 alternative and conditions on the record or in writing].
33 2. Notwithstanding the provisions of subdivision one of this section,
34 when the defendant is charged with a felony in a local criminal court, a
35 superior court judge may not order recognizance, [release under non-mon-
36 etary conditions] or[, where authorized,] bail unless and until the
37 district attorney has had an opportunity to be heard in the matter and
38 such judge [and counsel for the defendant have] has been furnished with
39 a report as described in subparagraph (ii) of paragraph (b) of subdivi-
40 sion two of section 530.20 of this article.
41 § 24. Section 530.40 of the criminal procedure law is REPEALED and a
42 new section 530.40 is added to read as follows:
43 § 530.40 Order of recognizance or bail; by superior court when action is
44 pending therein.
45 When a criminal action is pending in a superior court, such court,
46 upon application of a defendant, must or may order recognizance or bail
47 as follows:
48 1. When the defendant is charged with an offense or offenses of less
49 than felony grade only, the court must order recognizance or bail.
50 2. When the defendant is charged with a felony, the court may, in its
51 discretion, order recognizance or bail. In any such case in which an
52 indictment (a) has resulted from an order of a local criminal court
53 holding the defendant for the action of the grand jury, or (b) was filed
54 at a time when a felony complaint charging the same conduct was pending
55 in a local criminal court, and in which such local criminal court or a
56 superior court judge has issued an order of recognizance or bail which
A. 1754 18
1 is still effective, the superior court's order may be in the form of a
2 direction continuing the effectiveness of the previous order.
3 3. Notwithstanding the provisions of subdivision two of this section,
4 a superior court may not order recognizance or bail, or permit a defend-
5 ant to remain at liberty pursuant to an existing order, after the
6 defendant has been convicted of either: (a) a class A felony or (b) any
7 class B or class C felony defined in article one hundred thirty of the
8 penal law committed or attempted to be committed by a person eighteen
9 years of age or older against a person less than eighteen years of age.
10 In either case the court must commit or remand the defendant to the
11 custody of the sheriff.
12 4. Notwithstanding the provisions of subdivision two of this section,
13 a superior court may not order recognizance or bail when the defendant
14 is charged with a felony unless and until the district attorney has had
15 an opportunity to be heard in the matter and such court has been
16 furnished with a report as described in subparagraph (ii) of paragraph
17 (b) of subdivision two of section 530.20 of this article.
18 5. The court shall make an individualized determination if: (a) the
19 defendant poses a risk of flight to avoid prosecution; (b) the defendant
20 poses a risk of failing to appear in court based on the defendant's
21 record of a prior criminal conviction or failure to appear in prior
22 court proceedings; or (c) the defendant poses a risk of endangering the
23 safety of any other person or the community. If the court finds that the
24 defendant poses a risk of flight or a risk of failure to appear but does
25 not pose a risk of endangering the safety of any other person or the
26 community, the court shall release the defendant subject to the lowest
27 reasonable bail and/or the least restrictive further condition or combi-
28 nation of conditions that will reasonably ensure the appearance of the
29 defendant considering the nature and circumstances of the charged
30 offense, the weight of the evidence, the history and characteristics of
31 the defendant, and the nature and seriousness of the danger posed by the
32 defendant's release. If the court determines that no condition or combi-
33 nation of conditions will reasonably assure the appearance of the
34 defendant and the safety of any other person of the community, the court
35 shall order detention without bail.
36 6. If the defendant is arrested during the interim period while await-
37 ing a preliminary hearing or trial, the court shall revoke or otherwise
38 terminate the previous order and issue a new order taking into account
39 the subsequent arrest.
40 7. (a) All orders issued under this section where the defendant is
41 incarcerated solely because of said order shall be reviewed and re-eval-
42 uated by the court no later than:
43 (i) every four weeks thereafter where a class A misdemeanor is the
44 highest grade offense;
45 (ii) every six weeks thereafter where a class E felony is the highest
46 grade offense;
47 (iii) every eight weeks thereafter where a class D felony is the high-
48 est grade offense;
49 (iv) every ten weeks thereafter where a class C felony is the highest
50 grade offense; or
51 (v) every twelve weeks thereafter where a class B felony is the high-
52 est grade offense.
53 (b) Upon such review or re-evaluation, the court shall reconsider
54 whether the defendant should be released on personal recognizance or
55 upon posting reduced bail in the interests of justice after considering
56 the length of time the defendant has already been incarcerated, the
A. 1754 19
1 likely sentence that would be imposed if the defendant were found guilty
2 or pled guilty to the charged offense, the nature and circumstances of
3 the charged offense, the weight of the evidence, the history and charac-
4 teristics of the defendant, the nature and seriousness of the danger
5 posed by the defendant's release, and whether the principal should be
6 released subject to a further condition, or combination of conditions,
7 that reasonably justifies the release of the defendant on personal
8 recognizance or reduced bail, and such other factors in the interests of
9 justice as reasonably determined by the court based on an individualized
10 determination as to whether and to what extent that the defendant
11 continues to pose a risk of flight to avoid prosecution, continues to
12 pose a risk of failing to appear in court based on the defendant's
13 record of a prior criminal conviction or failure to appear in prior
14 court proceedings, or continues to pose a risk of endangering the safety
15 of any other person or the community. If the court determines that no
16 condition or combination of conditions will reasonably ensure the
17 appearance of the defendant and the safety of any other person of the
18 community, the court shall continue to detain the defendant without bail
19 or without a reduction in the amount of the bail.
20 § 25. Subdivision 1 of section 530.45 of the criminal procedure law,
21 as amended by section 19 of part JJJ of chapter 59 of the laws of 2019,
22 is amended to read as follows:
23 1. When the defendant is at liberty in the course of a criminal action
24 as a result of a prior order of recognizance[, release under non-mone-
25 tary conditions] or bail and the court revokes such order and then[,
26 where authorized,] either fixes no bail or fixes bail in a greater
27 amount or in a more burdensome form than was previously fixed and
28 remands or commits defendant to the custody of the sheriff, [or issues a
29 more restrictive securing order,] a judge designated in subdivision two
30 of this section, upon application of the defendant following conviction
31 of an offense other than a class A felony or a class B or class C felony
32 offense as defined in article one hundred thirty of the penal law
33 committed or attempted to be committed by a person eighteen years of age
34 or older against a person less than eighteen years of age, and before
35 sentencing, may issue a securing order and either release the defendant
36 on the defendant's own recognizance, [release the defendant under non-
37 monetary conditions,] or[, where authorized,] fix bail or fix bail in a
38 lesser amount or in a less burdensome form[, or issue a less restrictive
39 securing order,] than fixed by the court in which the conviction was
40 entered.
41 § 26. Subdivision 2-a of section 530.45 of the criminal procedure law
42 is REPEALED.
43 § 27. Section 530.50 of the criminal procedure law, as amended by
44 chapter 264 of the laws of 2003, subdivision 1 as designated and subdi-
45 vision 2 as added by section 10 of part UU of chapter 56 of the laws of
46 2020, and subdivision 3 as added by section 4 of subpart D of part UU of
47 chapter 56 of the laws of 2022, is amended to read as follows:
48 § 530.50 Order of recognizance or bail; during pendency of appeal.
49 [1.] A judge who is otherwise authorized pursuant to section 460.50 or
50 [section] 460.60 of this chapter to issue an order of recognizance or
51 bail pending the determination of an appeal, may do so unless the
52 defendant received a class A felony sentence or a sentence for any class
53 B or class C felony offense defined in article one hundred thirty of the
54 penal law committed or attempted to be committed by a person eighteen
55 years of age or older against a person less than eighteen years of age.
A. 1754 20
1 [2. Notwithstanding the provisions of subdivision four of section
2 510.10, paragraph (b) of subdivision one of section 530.20 and subdivi-
3 sion four of section 530.40 of this title, when a defendant charged with
4 an offense that is not such a qualifying offense applies, pending deter-
5 mination of an appeal, for an order of recognizance or release on non-
6 monetary conditions, where authorized, or fixing bail, a judge identi-
7 fied in subdivision two of section 460.50 or paragraph (a) of
8 subdivision one of section 460.60 of this chapter may, in accordance
9 with law, and except as otherwise provided by law, issue a securing
10 order: releasing the defendant on the defendant's own recognizance or
11 under non-monetary conditions where authorized, fixing bail, or remand-
12 ing the defendant to the custody of the sheriff where authorized.
13 3. Where an appeal by the people has been taken from an order dismiss-
14 ing one or more counts of an accusatory instrument for failure to comply
15 with a discovery order pursuant to subdivision twelve of section 450.20
16 of this chapter and the defendant is charged with a qualifying offense
17 in the remaining counts in the accusatory instrument, pending determi-
18 nation of an appeal, the defendant may apply for an order of recogni-
19 zance or release on non-monetary conditions, where authorized, or fixing
20 bail. A judge identified in subdivision two of section 460.50 of this
21 chapter or paragraph (a) of subdivision one of section 460.60 of this
22 chapter may, in accordance with law, and except as otherwise provided by
23 law, issue a securing order releasing the defendant on the defendant's
24 own recognizance or under non-monetary conditions where authorized,
25 fixing bail, or remanding the defendant to the custody of the sheriff
26 where authorized.]
27 § 28. Section 530.60 of the criminal procedure law, as amended by
28 section 20 of part JJJ of chapter 59 of the laws of 2019, is amended to
29 read as follows:
30 § 530.60 [Certain modifications of a securing order] Order of recogni-
31 zance or bail; revocation thereof.
32 1. Whenever in the course of a criminal action or proceeding a defend-
33 ant is at liberty as a result of an order of recognizance[, release
34 under non-monetary conditions] or bail issued pursuant to this chapter,
35 and the court considers it necessary to review such order, [whether due
36 to a motion by the people or otherwise,] the court may, and [except as
37 provided in subdivision two of section 510.50 of this title concerning a
38 failure to appear in court,] by a bench warrant if necessary, require
39 the defendant to appear before the court. Upon such appearance, the
40 court, for good cause shown, may revoke the order of recognizance[,
41 release under non-monetary conditions,] or bail. If the defendant is
42 entitled to recognizance[, release under non-monetary conditions,] or
43 bail as a matter of right, the court must issue another such order. If
44 the defendant is not, the court may either issue such an order or commit
45 the defendant to the custody of the sheriff in accordance with this
46 section.
47 Where the defendant is committed to the custody of the sheriff and is
48 held on a felony complaint, a new period as provided in section 180.80
49 of this chapter shall commence to run from the time of the defendant's
50 commitment under this subdivision.
51 2. (a) Whenever in the course of a criminal action or proceeding a
52 defendant charged with the commission of a felony is at liberty as a
53 result of an order of recognizance, [release under non-monetary condi-
54 tions] or bail issued pursuant to this article it shall be grounds for
55 revoking such order that the court finds reasonable cause to believe the
56 defendant committed one or more specified class A or violent felony
A. 1754 21
1 offenses or intimidated a victim or witness in violation of section
2 215.15, 215.16 or 215.17 of the penal law while at liberty.
3 [(b) Except as provided in paragraph (a) of this subdivision or any
4 other law, whenever in the course of a criminal action or proceeding a
5 defendant charged with the commission of an offense is at liberty as a
6 result of an order of recognizance, release under non-monetary condi-
7 tions or bail issued pursuant to this article it shall be grounds for
8 revoking such order and fixing bail in such criminal action or proceed-
9 ing when the court has found, by clear and convincing evidence, that the
10 defendant:
11 (i) persistently and willfully failed to appear after notice of sched-
12 uled appearances in the case before the court; or
13 (ii) violated an order of protection in the manner prohibited by
14 subdivision (b), (c) or (d) of section 215.51 of the penal law while at
15 liberty; or
16 (iii) stands charged in such criminal action or proceeding with a
17 misdemeanor or violation and, after being so charged, intimidated a
18 victim or witness in violation of section 215.15, 215.16 or 215.17 of
19 the penal law or tampered with a witness in violation of section 215.11,
20 215.12 or 215.13 of the penal law, law while at liberty; or
21 (iv) stands charged in such action or proceeding with a felony and,
22 after being so charged, committed a felony while at liberty.
23 (c)] Before revoking an order of recognizance[, release under non-mon-
24 etary conditions,] or bail pursuant to this subdivision, the court must
25 hold a hearing and shall receive any relevant, admissible evidence not
26 legally privileged. The defendant may cross-examine witnesses and may
27 present relevant, admissible evidence on his own behalf. Such hearing
28 may be consolidated with, and conducted at the same time as, a felony
29 hearing conducted pursuant to article one hundred eighty of this chap-
30 ter. A transcript of testimony taken before the grand jury upon presen-
31 tation of the subsequent offense shall be admissible as evidence during
32 the hearing. The district attorney may move to introduce grand jury
33 testimony of a witness in lieu of that witness' appearance at the hear-
34 ing.
35 [(d)] (b) Revocation of an order of recognizance[, release under non-
36 monetary conditions] or bail and [a new securing order fixing bail or]
37 commitment[, as specified in this paragraph and] pursuant to this subdi-
38 vision shall be for the following periods, either:
39 [(i) Under paragraph (a) of this subdivision, revocation of the order
40 of recognizance, release under non-monetary conditions or, as the case
41 may be, bail, and a new securing order fixing bail or committing the
42 defendant to the custody of the sheriff shall be as follows:
43 (A)] (i) For a period not to exceed ninety days exclusive of any peri-
44 ods of adjournment requested by the defendant; or
45 [(B)] (ii) Until the charges contained within the accusatory instru-
46 ment have been reduced or dismissed such that no count remains which
47 charges the defendant with commission of a felony; or
48 [(C)] (iii) Until reduction or dismissal of the charges contained
49 within the accusatory instrument charging the subsequent offense such
50 that no count remains which charges the defendant with commission of a
51 class A or violent felony offense.
52 Upon expiration of any of the three periods specified within this
53 [subparagraph] paragraph, whichever is shortest, the court may grant or
54 deny release upon an order of bail or recognizance in accordance with
55 the provisions of this article. Upon conviction to an offense the
A. 1754 22
1 provisions of this article [five hundred thirty of this chapter] shall
2 apply[; and].
3 [(ii) Under paragraph (b) of this subdivision, revocation of the order
4 of recognizance, release under non-monetary conditions or, as the case
5 may be, bail shall result in the issuance of a new securing order which
6 may, if otherwise authorized by law, permit the principal's release on
7 recognizance or release under non-monetary conditions, but shall also
8 render the defendant eligible for an order fixing bail provided, howev-
9 er, that in accordance with the principles in this title the court must
10 select the least restrictive alternative and condition or conditions
11 that will reasonably assure the principal's return to court. Nothing in
12 this subparagraph shall be interpreted as shortening the period of
13 detention, or requiring or authorizing any less restrictive form of a
14 securing order, which may be imposed pursuant to any other law.
15 (e)] (c) Notwithstanding the provisions of paragraph (a) [or (b)] of
16 this subdivision a defendant, against whom a felony complaint has been
17 filed which charges the defendant with commission of a class A or
18 violent felony offense [or violation of section 215.15, 215.16 or 215.17
19 of the penal law] committed while he or she was at liberty as specified
20 therein, may be committed to the custody of the sheriff pending a revo-
21 cation hearing for a period not to exceed seventy-two hours. An addi-
22 tional period not to exceed seventy-two hours may be granted by the
23 court upon application of the district attorney upon a showing of good
24 cause or where the failure to commence the hearing was due to the
25 defendant's request or occurred with his or her consent. Such good cause
26 must consist of some compelling fact or circumstance which precluded
27 conducting the hearing within the initial prescribed period.
28 § 29. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
29 procedure law, as amended by chapter 435 of the laws of 2021, is amended
30 to read as follows:
31 (a) If at any time during the defendant's participation in the judi-
32 cial diversion program, the court has reasonable grounds to believe that
33 the defendant has violated a release condition [in an important respect]
34 or has [willfully] failed to appear before the court as requested, the
35 court [except as provided in subdivision two of section 510.50 of this
36 chapter regarding a failure to appear,] shall direct the defendant to
37 appear or issue a bench warrant to a police officer or an appropriate
38 peace officer directing him or her to take the defendant into custody
39 and bring the defendant before the court without unnecessary delay;
40 provided, however, that under no circumstances shall a defendant who
41 requires treatment for opioid use be deemed to have violated a release
42 condition on the basis of his or her participation in medically
43 prescribed drug treatments under the care of a health care professional
44 licensed or certified under title eight of the education law, acting
45 within his or her lawful scope of practice. The [relevant] provisions of
46 subdivision one of section 530.60 of this chapter relating to [issuance
47 of securing orders] revocation of recognizance or bail shall apply to
48 such proceedings under this subdivision.
49 § 30. Section 410.60 of the criminal procedure law, as amended by
50 section 23 of part JJJ of chapter 59 of the laws of 2019, is amended to
51 read as follows:
52 § 410.60 Appearance before court.
53 A person who has been taken into custody pursuant to section 410.40 or
54 [section] 410.50 of this article for violation of a condition of a
55 sentence of probation or a sentence of conditional discharge must forth-
56 with be brought before the court that imposed the sentence. Where a
A. 1754 23
1 violation of probation petition and report has been filed and the person
2 has not been taken into custody nor has a warrant been issued, an
3 initial court appearance shall occur within ten business days of the
4 court's issuance of a notice to appear. If the court has reasonable
5 cause to believe that such person has violated a condition of the
6 sentence, it may commit such person to the custody of the sheriff[,] or
7 fix bail[, release such person under non-monetary conditions] or release
8 such person on such person's own recognizance for future appearance at a
9 hearing to be held in accordance with section 410.70 of this article. If
10 the court does not have reasonable cause to believe that such person has
11 violated a condition of the sentence, it must direct that such person be
12 released.
13 § 31. Subdivision 3 of section 620.50 of the criminal procedure law,
14 as amended by section 24 of part JJJ of chapter 59 of the laws of 2019,
15 is amended to read as follows:
16 3. A material witness order must be executed as follows:
17 (a) If the bail is posted and approved by the court, the witness must,
18 as provided in subdivision [two] three of section 510.40 of this part,
19 be released and be permitted to remain at liberty; provided that, where
20 the bail is posted by a person other than the witness himself or
21 herself, he or she may not be so released except upon his or her signed
22 written consent thereto;
23 (b) If the bail is not posted, or if though posted it is not approved
24 by the court, the witness must, as provided in subdivision [two] three
25 of section 510.40 of this part, be committed to the custody of the sher-
26 iff.
27 § 32. Subdivision 5 of section 216 of the judiciary law is REPEALED.
28 § 33. Section 837-u of the executive law is REPEALED.
29 § 34. This act shall take effect immediately.
