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S01998 Summary:

BILL NOS01998A
 
SAME ASNo Same As
 
SPONSORSQUADRON
 
COSPNSRADDABBO, ALCANTARA, AVELLA, BAILEY, BRESLIN, CARLUCCI, COMRIE, DILAN, GIANARIS, HAMILTON, HOYLMAN, KENNEDY, KLEIN, KRUEGER, MONTGOMERY, PARKER, PERALTA, PERSAUD, RIVERA, SANDERS, SAVINO, SERRANO, STAVISKY, VALESKY
 
MLTSPNSR
 
Amd 30.30 & 180.85, CP L
 
Relates to time limits for a speedy trial.
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S01998 Actions:

BILL NOS01998A
 
01/11/2017REFERRED TO CODES
01/27/2017AMEND AND RECOMMIT TO CODES
01/27/2017PRINT NUMBER 1998A
03/13/2017NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
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S01998 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1998--A
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    January 11, 2017
                                       ___________
 
        Introduced  by  Sens.  SQUADRON,  ADDABBO,  AVELLA,  BRESLIN,  CARLUCCI,
          COMRIE, DILAN, GIANARIS, HAMILTON, HOYLMAN, KENNEDY,  KLEIN,  KRUEGER,
          LATIMER,   MONTGOMERY,  PARKER,  PERALTA,  PERKINS,  PERSAUD,  RIVERA,
          SANDERS, SERRANO, STAVISKY, VALESKY -- read twice and ordered printed,
          and when printed to be committed to the Committee on Codes --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee
 
        AN ACT to amend the criminal procedure law, in relation to  time  limits
          for a speedy trial
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as "Kalief's law".
     2    § 2. Section 30.30 of the criminal procedure law, as added by  chapter
     3  184  of  the  laws of 1972, paragraph (a) of subdivision 3 as amended by
     4  chapter 93 of the laws of  2006,  paragraph  (a)  of  subdivision  4  as
     5  amended by chapter 558 of the laws of 1982, paragraph (c) of subdivision
     6  4 as amended by chapter 631 of the laws of 1996, paragraph (h) of subdi-
     7  vision  4  as added by chapter 837 of the laws of 1986, paragraph (i) of
     8  subdivision 4 as added by chapter 446 of the laws of 1993, paragraph (j)
     9  of subdivision 4 as added by chapter 222 of the laws of 1994,  paragraph
    10  (b)  of  subdivision  5  as  amended by chapter 109 of the laws of 1982,
    11  paragraphs (e) and (f) of subdivision 5 as added by chapter 209  of  the
    12  laws of 1990, is amended to read as follows:
    13  § 30.30 Speedy trial; time limitations.
    14    1.  Except as otherwise provided in subdivision [three] four, a motion
    15  made pursuant to paragraph (e) of subdivision one of section  170.30  or
    16  paragraph (g) of subdivision one of section 210.20 must be granted where
    17  the people are not ready for trial within:
    18    (a)  six  months  of  the  commencement of a criminal action wherein a
    19  defendant is accused of one or more offenses, at least one of which is a
    20  felony;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07703-04-7

        S. 1998--A                          2
 
     1    (b) ninety days of the commencement of a  criminal  action  wherein  a
     2  defendant is accused of one or more offenses, at least one of which is a
     3  misdemeanor  punishable by a sentence of imprisonment of more than three
     4  months and none of which is a felony;
     5    (c)  sixty  days  of the commencement of a criminal action wherein the
     6  defendant is accused of one or more offenses, at least one of which is a
     7  misdemeanor punishable by a sentence of imprisonment of  not  more  than
     8  three  months  and  none of which is a crime punishable by a sentence of
     9  imprisonment of more than three months;
    10    (d) thirty days of the commencement of a criminal action  wherein  the
    11  defendant is accused of one or more offenses, at least one of which is a
    12  violation or a vehicle and traffic law infraction and none of which is a
    13  crime.
    14    2.  Except  as provided in subdivision [three] four, where a defendant
    15  has been committed to the custody of the sheriff in a criminal action he
    16  must be released on bail or on his or her own  recognizance,  upon  such
    17  conditions  as  may  be just and reasonable, if the people are not ready
    18  for trial in that criminal action within:
    19    (a) ninety days from the commencement of his or her commitment to  the
    20  custody  of  the  sheriff  in a criminal action wherein the defendant is
    21  accused of one or more offenses, at least one of which is a felony;
    22    (b) thirty days from the commencement of his or her commitment to  the
    23  custody  of  the  sheriff  in a criminal action wherein the defendant is
    24  accused of one or more offenses, at least one of which is a  misdemeanor
    25  punishable  by  a sentence of imprisonment of more than three months and
    26  none of which is a felony;
    27    (c) fifteen days from the commencement of his or her commitment to the
    28  custody of the sheriff in a criminal action  wherein  the  defendant  is
    29  accused  of one or more offenses, at least one of which is a misdemeanor
    30  punishable by a sentence of imprisonment of not more than  three  months
    31  and none of which is a crime punishable by a sentence of imprisonment of
    32  more than three months;
    33    (d)  five  days  from the commencement of his or her commitment to the
    34  custody of the sheriff in a criminal action  wherein  the  defendant  is
    35  accused of one or more offenses, at least one of which is a violation or
    36  a vehicle and traffic law infraction and none of which is a crime.
    37    3.  Whenever pursuant to this section a prosecutor states or otherwise
    38  provides notice that the people are ready for trial, the court may  make
    39  inquiry on the record as to their actual readiness. If, after conducting
    40  its  inquiry,  the  court  determines  that  the people are not ready to
    41  proceed to trial, the prosecutor's  statement  or  notice  of  readiness
    42  shall  not  be valid for purposes of this section. Following a demand to
    43  produce by a defendant pursuant to  section  240.20,  any  statement  of
    44  trial  readiness  must  be accompanied or preceded by a certification of
    45  good faith compliance with the disclosure requirements of section 240.20
    46  and the defense shall be afforded an opportunity  to  be  heard  on  the
    47  record  as  to  whether  the disclosure requirements have been met. This
    48  subdivision shall not apply  to  cases  where  the  defense  has  waived
    49  disclosure requirements.
    50    3-A.  Upon a misdemeanor complaint, a statement of readiness shall not
    51  be valid unless the  prosecuting  attorney  certifies  that  all  counts
    52  charged  in  the accusatory instrument meet the requirements of sections
    53  100.40 and 100.15 and, those counts  not  meeting  the  requirements  of
    54  sections 100.40 and 100.15 have been dismissed.

        S. 1998--A                          3

     1    4.  (a)  Subdivisions  one  and  two do not apply to a criminal action
     2  wherein the defendant is accused  of  an  offense  defined  in  sections
     3  125.10, 125.15, 125.20, 125.25, 125.26 and 125.27 of the penal law.
     4    (b)  A motion made pursuant to subdivisions one or two upon expiration
     5  of the specified period may be denied where the people are not ready for
     6  trial if the people were ready for trial prior to the expiration of  the
     7  specified  period  and  their  present unreadiness is due to some excep-
     8  tional fact or circumstance, including, but not limited to,  the  sudden
     9  unavailability  of  evidence  material  to  the  people's case, when the
    10  district attorney has exercised due diligence to  obtain  such  evidence
    11  and  there  are  reasonable  grounds  to believe that such evidence will
    12  become available in a reasonable period.
    13    (c) A motion made pursuant to subdivision two shall not:
    14    (i) apply to any defendant who is serving a term of  imprisonment  for
    15  another offense;
    16    (ii)  require  the  release  from custody of any defendant who is also
    17  being held in custody pending trial of another  criminal  charge  as  to
    18  which the applicable period has not yet elapsed;
    19    (iii)  prevent  the redetention of or otherwise apply to any defendant
    20  who, after being released from  custody  pursuant  to  this  section  or
    21  otherwise,  is  charged with another crime or violates the conditions on
    22  which he has been released, by failing to appear at a judicial  proceed-
    23  ing at which his presence is required or otherwise.
    24    [4.]  5.  In  computing the time within which the people must be ready
    25  for trial pursuant to subdivisions one and two,  the  following  periods
    26  must be excluded:
    27    (a)  a  reasonable  period  of  delay resulting from other proceedings
    28  concerning the defendant, including but not limited to: proceedings  for
    29  the determination of competency and the period during which defendant is
    30  incompetent  to  stand  trial;  demand to produce; request for a bill of
    31  particulars; pre-trial motions; appeals; trial of other charges; and the
    32  period during which such matters are under consideration by  the  court;
    33  or
    34    (b)  the  period  of delay resulting from a continuance granted by the
    35  court at the request of, or with the consent of, the defendant or his or
    36  her counsel. The court [must] may grant such a continuance only if it is
    37  satisfied that postponement is in the interest of justice,  taking  into
    38  account  the  public  interest  in  the  prompt dispositions of criminal
    39  charges. A  defendant  without  counsel  must  not  be  deemed  to  have
    40  consented  to  a  continuance  unless  he or she has been advised by the
    41  court of his or her rights under these rules and the effect  of  his  or
    42  her consent, which must be done on the record in open court; or
    43    (c) (i) the period of delay resulting from the absence or unavailabil-
    44  ity of the defendant. A defendant must be considered absent whenever his
    45  location is unknown and he is attempting to avoid apprehension or prose-
    46  cution, or his location cannot be determined by due diligence. A defend-
    47  ant  must  be  considered unavailable whenever his location is known but
    48  his presence for trial cannot be obtained by due diligence; or
    49    (ii) where the defendant has either escaped from custody or has failed
    50  to appear when required after having previously been released on bail or
    51  on his own recognizance, and provided the defendant is not in custody on
    52  another matter, the period extending from the day  the  court  issues  a
    53  bench  warrant  pursuant  to  section  530.70 because of the defendant's
    54  failure to appear in court when  required,  to  the  day  the  defendant
    55  subsequently  appears in the court pursuant to a bench warrant or volun-
    56  tarily or otherwise; or

        S. 1998--A                          4
 
     1    (d) a reasonable period of delay when  the  defendant  is  joined  for
     2  trial with a co-defendant as to whom the time for trial pursuant to this
     3  section  has  not  run and good cause is not shown for granting a sever-
     4  ance; or
     5    (e)  the  period of delay resulting from detention of the defendant in
     6  another jurisdiction provided the district attorney  is  aware  of  such
     7  detention  and  has  been  diligent  and  has made reasonable efforts to
     8  obtain the presence of the defendant for trial; or
     9    (f) the period during which the defendant is without  counsel  through
    10  no  fault  of  the court; except when the defendant is proceeding as his
    11  own attorney with the permission of the court; or
    12    (g) other periods of delay occasioned  by  exceptional  circumstances,
    13  including  but  not  limited  to,  the  period of delay resulting from a
    14  continuance granted at the request of a district  attorney  if  (i)  the
    15  continuance is granted because of the unavailability of evidence materi-
    16  al  to  the  people's case, when the district attorney has exercised due
    17  diligence to obtain such evidence and there are  reasonable  grounds  to
    18  believe that such evidence will become available in a reasonable period;
    19  or  (ii) the continuance is granted to allow the district attorney addi-
    20  tional time to prepare the people's case and additional time  is  justi-
    21  fied  by  the exceptional circumstances of the case.  Any such exclusion
    22  when a statement of unreadiness has followed a  statement  of  readiness
    23  made  by the people must be accompanied by supporting facts and approved
    24  by the court.  The court shall inquire on the record as to  the  reasons
    25  for the people's unreadiness; or
    26    (h)  the  period  during which an action has been adjourned in contem-
    27  plation of dismissal pursuant to sections 170.55, 170.56 and  215.10  of
    28  this chapter[.]; or
    29    (i)  [The]  the  period prior to the defendant's actual appearance for
    30  arraignment in a situation in which the defendant has been  directed  to
    31  appear by the district attorney pursuant to subdivision three of section
    32  120.20 or subdivision three of section 210.10[.]; or
    33    (j)  the period during which a family offense is before a family court
    34  until such time as an  accusatory  instrument  or  indictment  is  filed
    35  against the defendant alleging a crime constituting a family offense, as
    36  such term is defined in section 530.11 of this chapter[.]; or
    37    6.   at each court appearance date preceding the commencement of trial
    38  in a criminal action, the court, whenever it is practicable  to  do  so,
    39  shall  rule on whether the adjournment period immediately following such
    40  court appearance date is to be included or excluded for the purposes  of
    41  computing the time within which the people must be ready for trial with-
    42  in  the  meaning of this section; provided that such ruling shall not be
    43  binding on a determination of a motion made pursuant to subdivisions one
    44  or two.  The court's ruling shall be noted in the court file; or
    45    7. in computing the time within which the people  must  be  ready  for
    46  trial, pursuant to subdivision two of this section, no time attributable
    47  to court congestion shall be excluded.
    48    8.  In  computing  the  time within which the people must be ready for
    49  trail, pursuant to paragraphs (b), (c) and (d)  of  subdivision  one  of
    50  this  section,  no  time  attributable  to  court  congestion  shall  be
    51  excluded.
    52    [5.] 9. For purposes of this section, (a) where the defendant is to be
    53  tried following the withdrawal of the plea of guilty or is to be retried
    54  following a mistrial, an order for a new trial or an appeal  or  collat-
    55  eral  attack,  the  criminal action and the commitment to the custody of
    56  the sheriff, if any, must be deemed to have commenced on  the  date  the

        S. 1998--A                          5
 
     1  withdrawal  of  the  plea  of guilty or the date the order occasioning a
     2  retrial becomes final;
     3    (b)  where  a defendant has been served with an appearance ticket, the
     4  criminal action must be deemed to have commenced on the date the defend-
     5  ant first appears in a local criminal court in response to the ticket;
     6    (c) where a criminal action is commenced by the  filing  of  a  felony
     7  complaint,  and  thereafter,  in  the course of the same criminal action
     8  either the felony complaint is replaced with or converted to an informa-
     9  tion, prosecutor's information  or  misdemeanor  complaint  pursuant  to
    10  article  [180] one hundred eighty or a prosecutor's information is filed
    11  pursuant to section 190.70, the period applicable for  the  purposes  of
    12  subdivision  one must be the period applicable to the charges in the new
    13  accusatory instrument, calculated from the date of the  filing  of  such
    14  new accusatory instrument; provided, however, that when the aggregate of
    15  such  period  and  the period of time, excluding the periods provided in
    16  subdivision [four] five, already elapsed from the date of the filing  of
    17  the  felony  complaint  to  the date of the filing of the new accusatory
    18  instrument exceeds six months, the period applicable to the  charges  in
    19  the  felony  complaint must remain applicable and continue as if the new
    20  accusatory instrument had not been filed;
    21    (d) where a criminal action is commenced by the  filing  of  a  felony
    22  complaint,  and  thereafter,  in  the course of the same criminal action
    23  either the felony complaint is replaced with or converted to an informa-
    24  tion, prosecutor's information  or  misdemeanor  complaint  pursuant  to
    25  article  [180] one hundred eighty or a prosecutor's information is filed
    26  pursuant to section 190.70, the period applicable for  the  purposes  of
    27  subdivision  two must be the period applicable to the charges in the new
    28  accusatory instrument, calculated from the date of the  filing  of  such
    29  new accusatory instrument; provided, however, that when the aggregate of
    30  such  period  and  the period of time, excluding the periods provided in
    31  subdivision [four] five, already elapsed from the date of the filing  of
    32  the  felony  complaint  to  the date of the filing of the new accusatory
    33  instrument exceeds ninety days, the period applicable to the charges  in
    34  the  felony  complaint must remain applicable and continue as if the new
    35  accusatory instrument had not been filed.
    36    (e) where a count of an indictment is reduced to charge only a  misde-
    37  meanor  or  petty  offense  and  a  reduced indictment or a prosecutor's
    38  information is filed pursuant to subdivisions one-a and six  of  section
    39  210.20,  the  period  applicable  for the purposes of subdivision one of
    40  this section must be the period applicable to the  charges  in  the  new
    41  accusatory  instrument,  calculated  from the date of the filing of such
    42  new accusatory instrument; provided, however, that when the aggregate of
    43  such period and the period of time, excluding the  periods  provided  in
    44  subdivision  [four]  five of this section, already elapsed from the date
    45  of the filing of the indictment to the date of the  filing  of  the  new
    46  accusatory  instrument  exceeds six months, the period applicable to the
    47  charges in the indictment must remain applicable and continue as if  the
    48  new accusatory instrument had not been filed;
    49    (f)  where a count of an indictment is reduced to charge only a misde-
    50  meanor or petty offense and  a  reduced  indictment  or  a  prosecutor's
    51  information  is  filed pursuant to subdivisions one-a and six of section
    52  210.20, the period applicable for the purposes  of  subdivision  two  of
    53  this  section  must  be  the period applicable to the charges in the new
    54  accusatory instrument, calculated from the date of the  filing  of  such
    55  new accusatory instrument; provided, however, that when the aggregate of
    56  such  period  and  the period of time, excluding the periods provided in

        S. 1998--A                          6
 
     1  subdivision [four] five of this section, already elapsed from  the  date
     2  of  the  filing  of  the indictment to the date of the filing of the new
     3  accusatory instrument exceeds ninety days, the period applicable to  the
     4  charges  in the indictment must remain applicable and continue as if the
     5  new accusatory instrument had not been filed.
     6    [6.] 10. The procedural rules prescribed in subdivisions  one  through
     7  seven  of  section 210.45 with respect to a motion to dismiss an indict-
     8  ment are also applicable to a motion made pursuant to subdivision two.
     9    § 3. Subdivision 6 of section 180.85 of the criminal procedure law, as
    10  added by chapter 518 of the laws of 2004, is amended to read as follows:
    11    6. The period from the filing of a motion  pursuant  to  this  section
    12  until entry of an order disposing of such motion shall not, by reason of
    13  such motion, be considered a period of delay for purposes of subdivision
    14  [four]  five  of section 30.30, nor shall such period, by reason of such
    15  motion, be excluded in computing the time within which the  people  must
    16  be ready for trial pursuant to such section 30.30.
    17    §  4.  This  act  shall take effect on the sixtieth day after it shall
    18  have become a law.
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