Bill Text: NY A03183 | 2023-2024 | General Assembly | Introduced
Bill Title: Permits judicial discretion based on dangerousness when issuing a securing order and allows for limited pre-trial detention upon such a determination; extends the time period for discovery from fifteen to forty-five days; permits the immediate issuance of a bench warrant for failure to appear for certain principals charged with hate crimes; places restrictions on when appearance tickets may be issued.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced) 2024-01-03 - referred to codes [A03183 Detail]
Download: New_York-2023-A03183-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3183 2023-2024 Regular Sessions IN ASSEMBLY February 2, 2023 ___________ Introduced by M. of A. REILLY -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to permitting judicial discretion based on dangerousness when issuing a securing order, extending the time period for discovery, permits the immediate issuance of a bench warrant for failure to appear for certain princi- pals, and places restrictions on when appearance tickets may be issued The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of subdivision 1 and subdivision 3 of 2 section 510.10 of the criminal procedure law, subdivision 1 as amended 3 by section 1 of subpart C of part UU of chapter 56 of the laws of 2022, 4 and subdivision 3 as added by section 2 of part JJJ of chapter 59 of the 5 laws of 2019, are amended to read as follows: 6 When a principal, whose future court attendance at a criminal action 7 or proceeding is or may be required, comes under the control of a court, 8 such court shall, in accordance with this title, by a securing order 9 release the principal on the principal's own recognizance, release the 10 principal under non-monetary conditions, or, where authorized, fix bail 11 or commit the principal to the custody of the sheriff. In all such 12 cases, except where another type of securing order is shown to be 13 required by law, the court shall release the principal pending trial on 14 the principal's own recognizance, unless it is demonstrated and the 15 court makes an individualized determination that the principal poses a 16 risk of flight to avoid prosecution or that the principal poses a danger 17 to a person or the community. If such a finding is made, the court must 18 select the least restrictive alternative and condition or conditions 19 that will reasonably assure the principal's return to court. The court 20 shall explain its choice of release, release with conditions, bail or 21 remand on the record [or] and in writing. In making its determination, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02040-01-3A. 3183 2 1 the court must consider and take into account available information 2 about the principal, including: 3 3. In cases other than as described in subdivision four of this 4 section the court shall release the principal pending trial on the prin- 5 cipal's own recognizance, unless the court finds on the record [or] and 6 in writing that: 7 (a) release on the principal's own recognizance will not reasonably 8 assure the principal's return to court. In such instances, the court 9 shall release the principal under non-monetary conditions, selecting the 10 least restrictive alternative and conditions that will reasonably assure 11 the principal's return to court. The court shall explain its choice of 12 alternative and conditions on the record [or] and in writing; or 13 (b) the principal poses a danger to a person or the community. In such 14 instances, the court may in its discretion release the principal pending 15 trial on the principal's own recognizance or under non-monetary condi- 16 tions or commit the principal to the custody of the sheriff, selecting 17 the least restrictive alternative and conditions that will reasonably 18 assure the safety of such person or the community. A securing order 19 committing the principal to the custody of the sheriff shall be limited 20 to a duration of ninety days where the principal stands charged with a 21 misdemeanor or one hundred eighty days where the principal stands 22 charged with a felony. Where a principal is committed to the custody of 23 the sheriff, the prosecutor may make a motion to extend the duration of 24 such custody beyond the limits imposed pursuant to this paragraph, where 25 such extension is appropriate in the interests of justice. The court 26 shall explain its choice of alternative and conditions on the record and 27 in writing. 28 § 2. Paragraph (a) of subdivision 1 of section 530.20 of the criminal 29 procedure law, as added by section 3 of subpart C of part UU of chapter 30 56 of the laws of 2022, is amended to read as follows: 31 (a) In cases other than as described in paragraph (b) of this subdivi- 32 sion the court shall release the principal pending trial on the princi- 33 pal's own recognizance, unless the court finds on the record [or] and in 34 writing that release on the principal's own recognizance will not 35 reasonably assure the principal's return to court. In such instances, 36 the court shall release the principal under non-monetary conditions, 37 selecting the least restrictive alternative and conditions that will 38 reasonably assure the principal's return to court. The court shall 39 explain its choice of alternative and conditions on the record [or] and 40 in writing. In making its determination, the court must consider and 41 take into account available information about the principal, including, 42 but not limited to: 43 (i) the principal's activities and history; 44 (ii) if the principal is a defendant, the charges facing the princi- 45 pal; 46 (iii) the principal's criminal conviction record if any; 47 (iv) the principal's record of previous adjudication as a juvenile 48 delinquent, as retained pursuant to section 354.1 of the family court 49 act, or of pending cases where fingerprints are retained pursuant to 50 section 306.1 of such act, or a youthful offender, if any; 51 (v) the principal's previous record with respect to flight to avoid 52 criminal prosecution; 53 (vi) 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 postA. 3183 3 1 bail without posing undue hardship, as well as his or her ability to 2 obtain a secured, unsecured, or partially secured bond; 3 (vii) any violation by the principal of an order of protection issued 4 by any court; 5 (viii) the principal's history and use or possession of a firearm; 6 (ix) whether the charge is alleged to have caused serious harm to an 7 individual or group of individuals; [and] 8 (x) if the principal is a defendant, in the case of an application for 9 a securing order pending appeal, the merit or lack of merit of the 10 appeal[.]; and 11 (xi) if the principal poses a danger to a person or the community. In 12 such instances, the court may in its discretion release the principal 13 pending trial on the principal's own recognizance or under non-monetary 14 conditions or commit the principal to the custody of the sheriff, 15 selecting the least restrictive alternative and conditions that will 16 reasonably assure the safety of such person or the community. A securing 17 order committing the principal to the custody of the sheriff shall be 18 limited to a duration of ninety days where the principal stands charged 19 with a misdemeanor or one hundred eighty days where the principal stands 20 charged with a felony. Where a principal is committed to the custody of 21 the sheriff, the prosecutor may make a motion to extend the duration of 22 such custody beyond the limits imposed pursuant to this subparagraph, 23 where such extension is appropriate in the interests of justice. The 24 court shall explain its choice of alternative and conditions on the 25 record and in writing. 26 § 3. Subdivision 3 of section 530.40 of the criminal procedure law, as 27 amended by section 3 of subpart B of part UU of chapter 56 of the laws 28 of 2022, is amended to read as follows: 29 3. In cases other than as described in subdivision four of this 30 section the court shall release the principal pending trial on the prin- 31 cipal's own recognizance, unless the court finds on the record [or] and 32 in writing that release on the principal's own recognizance will not 33 reasonably assure the principal's return to court. In such instances, 34 the court shall release the principal under non-monetary conditions, 35 selecting the least restrictive alternative and conditions that will 36 reasonably assure the principal's return to court. The court shall 37 explain its choice of alternative and conditions on the record [or] and 38 in writing. In making its determination, the court must consider and 39 take into account available information about the principal, including, 40 but not limited to: 41 (a) the principal's activities and history; 42 (b) if the principal is a defendant, the charges facing the principal; 43 (c) the principal's criminal conviction record if any; 44 (d) the principal's record of previous adjudication as a juvenile 45 delinquent, as retained pursuant to section 354.1 of the family court 46 act, or of pending cases where fingerprints are retained pursuant to 47 section 306.1 of such act, or a youthful offender, if any; 48 (e) the principal's previous record with respect to flight to avoid 49 criminal prosecution; 50 (f) if monetary bail is authorized, according to the restrictions set 51 forth in this title, the principal's individual financial circumstances, 52 and, in cases where bail is authorized, the principal's ability to post 53 bail without posing undue hardship, as well as his or her ability to 54 obtain a secured, unsecured, or partially secured bond; 55 (g) any violation by the principal of an order of protection issued by 56 any court;A. 3183 4 1 (h) the principal's history and use or possession of a firearm; 2 (i) whether the charge is alleged to have caused serious harm to an 3 individual or group of individuals; [and] 4 (j) if the principal is a defendant, in the case of an application for 5 a securing order pending appeal, the merit or lack of merit of the 6 appeal[.]; and 7 (k) the principal poses a danger to a person or the community. In such 8 instances, the court may in its discretion release the principal pending 9 trial on the principal's own recognizance or under non-monetary condi- 10 tions or commit the principal to the custody of the sheriff, selecting 11 the least restrictive alternative and conditions that will reasonably 12 assure the safety of such person or the community. A securing order 13 committing the principal to the custody of the sheriff shall be limited 14 to a duration of ninety days where the principal stands charged with a 15 misdemeanor or one hundred eighty days where the principal stands 16 charged with a felony. Where a principal is committed to the custody of 17 the sheriff, the prosecutor may make a motion to extend the duration of 18 such custody beyond the limits imposed pursuant to this paragraph, where 19 such extension is appropriate in the interests of justice. The court 20 shall explain its choice of alternative and conditions on the record and 21 in writing. 22 § 4. Subdivision 1 of section 510.30 of the criminal procedure law, as 23 amended by section 2 of subpart C of part UU of chapter 56 of the laws 24 of 2022, is amended to read as follows: 25 1. With respect to any principal, the court in all cases, unless 26 otherwise provided by law, must impose the least restrictive kind and 27 degree of control or restriction that is necessary to secure the princi- 28 pal's return to court when required. In determining that matter, the 29 court must, on the basis of available information, consider and take 30 into account information about the principal that is relevant to the 31 principal's return to court, including, but not limited to: 32 (a) The principal's activities and history, including but not limited 33 to, whether such principal has a history of violence; 34 (b) If the principal is a defendant, the charges facing the principal, 35 including but limited to, the use or threatened use of physical force by 36 such principal; 37 (c) The principal's criminal conviction record if any; 38 (d) The principal's record of previous adjudication as a juvenile 39 delinquent, as retained pursuant to section 354.2 of the family court 40 act, or, of pending cases where fingerprints are retained pursuant to 41 section 306.1 of such act, or a youthful offender, if any; 42 (e) The principal's previous record with respect to flight to avoid 43 criminal prosecution; 44 (f) If monetary bail is authorized, according to the restrictions set 45 forth in this title, the principal's individual financial circumstances, 46 and, in cases where bail is authorized, the principal's ability to post 47 bail without posing undue hardship, as well as his or her ability to 48 obtain a secured, unsecured, or partially secured bond; 49 (g) [any] Any violation by the principal of an order of protection 50 issued by any court; 51 (h) [the] The principal's history of use or possession of a firearm; 52 (i) [whether] Whether the charge is alleged to have caused serious 53 harm to an individual or group of individuals; [and] 54 (j) If the principal is a defendant, in the case of an application for 55 a securing order pending appeal, the merit or lack of merit of the 56 appeal[.]; andA. 3183 5 1 (k) The nature and seriousness of the danger to any other person or 2 the community that would be posed by the principal's release, if appli- 3 cable. 4 § 5. Paragraph (b) of subdivision 1 of section 245.10 of the criminal 5 procedure law, as added by section 2 of part LLL of chapter 59 of the 6 laws of 2019, is amended to read as follows: 7 (b) The prosecution shall perform its supplemental discovery obli- 8 gations under subdivision three of section 245.20 of this article as 9 soon as practicable but not later than [fifteen] forty-five calendar 10 days prior to the first scheduled trial date. 11 § 6. Section 510.50 of the criminal procedure law, as amended by 12 section 9 of part JJJ of chapter 59 of the laws of 2019, is amended to 13 read as follows: 14 § 510.50 Enforcement of securing order. 15 1. When the attendance of a principal confined in the custody of the 16 sheriff is required at the criminal action or proceeding at a particular 17 time and place, the court may compel such attendance by directing the 18 sheriff to produce the principal at such time and place. If the princi- 19 pal is at liberty on the principal's own recognizance or non-monetary 20 conditions or on bail, the principal's attendance may be achieved or 21 compelled by various methods, including notification and the issuance of 22 a bench warrant, prescribed by law in provisions governing such matters 23 with respect to the particular kind of action or proceeding involved. 24 2. Except when the principal is charged with a new crime while at 25 liberty or when a principal fails to appear for a scheduled court 26 appearance involving a charge of a hate crime as defined in section 27 485.05 of the penal law, absent relevant, credible evidence demonstrat- 28 ing that a principal's failure to appear for a scheduled court appear- 29 ance was willful, the court, prior to issuing a bench warrant for a 30 failure to appear for a scheduled court appearance, shall provide at 31 least forty-eight hours notice to the principal or the principal's coun- 32 sel that the principal is required to appear, in order to give the prin- 33 cipal an opportunity to appear voluntarily. 34 § 7. Paragraph (a) of subdivision 1 and subdivision 2 of section 35 150.20 of the criminal procedure law, paragraph (a) of subdivision 1 as 36 amended by section 1-a of part JJJ of chapter 59 of the laws of 2019, 37 subdivision 2 as amended by chapter 550 of the laws of 1987, are amended 38 and a new paragraph (c) is added to subdivision 1 to read as follows: 39 (a) Whenever a police officer is authorized pursuant to section 140.10 40 of this title to arrest a person without a warrant for an offense other 41 than a class A, B, C or D felony or a violation of section 130.25, 42 130.40, 205.10, 205.17, 205.19 [or], 215.56 or 265.55 of the penal law, 43 he shall, except as set out in [paragraph] paragraphs (b) and (c) of 44 this subdivision, subject to the provisions of subdivisions three and 45 four of section 150.40 of this title, instead issue to and serve upon 46 such person an appearance ticket. 47 (c) An officer shall not issue an appearance ticket if: 48 (i) the person has a pending case for the same offense within the 49 previous six months; 50 (ii) the person has been convicted of the same offense within the 51 previous two years. 52 2. (a) Whenever a police officer has arrested a person without a 53 warrant for an offense other than a class A, B, C or D felony or a 54 violation of section 130.25, 130.40, 205.10, 205.17, 205.19 [or], 215.56 55 or 265.55 of the penal law pursuant to section 140.10, or (b) whenever a 56 peace officer, who is not authorized by law to issue an appearance tick-A. 3183 6 1 et, has arrested a person for an offense other than a class A, B, C or D 2 felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 3 [or], 215.56 or 265.55 of the penal law pursuant to section 140.25, and 4 has requested a police officer to issue and serve upon such arrested 5 person an appearance ticket pursuant to subdivision four of section 6 140.27, or (c) whenever a person has been arrested for an offense other 7 than a class A, B, C or D felony or a violation of section 130.25, 8 130.40, 205.10, 205.17, 205.19 [or], 215.56 or 265.55 of the penal law 9 and has been delivered to the custody of an appropriate police officer 10 pursuant to section 140.40, such police officer may, instead of bringing 11 such person before a local criminal court and promptly filing or causing 12 the arresting peace officer or arresting person to file a local criminal 13 court accusatory instrument therewith, issue to and serve upon such 14 person an appearance ticket. The issuance and service of an appearance 15 ticket under such circumstances may be conditioned upon a deposit of 16 pre-arraignment bail, as provided in section 150.30. 17 § 8. This act shall take effect immediately.