Bill Text: NY A01754 | 2023-2024 | General Assembly | Introduced


Bill Title: Relates to providing judges more discretion regarding securing orders and limiting the lengths of certain orders.

Spectrum: Partisan Bill (Republican 17-0)

Status: (Introduced) 2023-03-22 - enacting clause stricken [A01754 Detail]

Download: New_York-2023-A01754-Introduced.html



                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     2  law is REPEALED.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

        A. 1754                             3

     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

        A. 1754                             5

     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;

        A. 1754                             6

     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.
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