Bill Text: NY A11047 | 2019-2020 | 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 4-0)
Status: (Introduced - Dead) 2020-10-07 - referred to codes [A11047 Detail]
Download: New_York-2019-A11047-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 11047 IN ASSEMBLY October 7, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Goodell, Giglio, Norris, Morinello) -- read once and referred to the Committee 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 Subdivision 3 of section 150.10 of the criminal procedure 2 law is REPEALED. 3 § 2.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[; and14(b) an appearance ticket issued for a parking infraction when (i) such15ticket is based on personal knowledge or information and belief of the16police officer or other public servant who issues the ticket, (ii) the17police officer or other public servant who issues such ticket verifies18that false statements made therein are punishable as a class A misdemea-19nor, (iii) the infraction or infractions contained therein are stated in20detail and not in conclusory terms so as to provide the defendant with21sufficient notice including, but not limited, to the applicable22provision of law allegedly violated, and the date, time and particular23place of the alleged infraction, and (iv) such ticket contains: (1) the24license plate designation of the ticketed vehicle, (2) the license plateEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15255-05-0A. 11047 2 1type of the ticketed vehicle, (3) the expiration of the ticketed vehi-2cle's registration, (4) the make or model of the ticketed vehicle, and3(5) the body type of the ticketed vehicle, provided, however, that where4the plate type or the expiration date are not shown on either the regis-5tration plates or sticker of a vehicle or where the registration sticker6is covered, faded, defaced or mutilated so that it is unreadable, the7plate type or the expiration date may be omitted, provided, further,8however, that such condition must be so described and inserted on the9instrument]. 10 § 3. Subdivision 1 of section 150.20 of the criminal procedure law, as 11 amended by section 1-a of part JJJ of chapter 59 of the laws of 2019, is 12 amended to read as follows: 13 1. [(a)] Whenever a police officer is authorized pursuant to section 14 140.10 of this title to arrest a person without a warrant for an offense 15 other than a class A, B, C or D felony or a violation of section 130.25, 16 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, he [shall,17except as set out in paragraph (b) of this subdivision] or she may, 18 subject to the provisions of subdivisions three and four of section 19 150.40 of this [title] article, instead issue to and serve upon such 20 person an appearance ticket. 21 [(b) An officer is not required to issue an appearance ticket if:22(i) the person has one or more outstanding local criminal court or23superior court warrants;24(ii) the person has failed to appear in court proceedings in the last25two years;26(iii) the person has been given a reasonable opportunity to make their27verifiable identity and a method of contact known, and has been unable28or unwilling to do so, so that a custodial arrest is necessary to29subject the individual to the jurisdiction of the court. For the30purposes of this section, an officer may rely on various factors to31determine a person's identity, including but not limited to personal32knowledge of such person, such person's self-identification, or photo-33graphic identification. There is no requirement that a person present34photographic identification in order to be issued an appearance ticket35in lieu of arrest where the person's identity is otherwise verifiable;36however, if offered by such person, an officer shall accept as evidence37of identity the following: a valid driver's license or non-driver iden-38tification card issued by the commissioner of motor vehicles, the feder-39al government, any United States territory, commonwealth or possession,40the District of Columbia, a state government or municipal government41within the United States or a provincial government of the dominion of42Canada; a valid passport issued by the United States government or any43other country; an identification card issued by the armed forces of the44United States; a public benefit card, as defined in paragraph (a) of45subdivision one of section 158.00 of the penal law;46(iv) the person is charged with a crime between members of the same47family or household, as defined in subdivision one of section 530.11 of48this chapter;49(v) the person is charged with a crime defined in article 130 of the50penal law;51(vi) it reasonably appears the person should be brought before the52court for consideration of issuance of an order of protection, pursuant53to section 530.13 of this chapter, based on the facts of the crime or54offense that the officer has reasonable cause to believe occurred;55(vii) the person is charged with a crime for which the court may56suspend or revoke his or her driver license;A. 11047 3 1(viii) it reasonably appears to the officer, based on the observed2behavior of the individual in the present contact with the officer and3facts regarding the person's condition that indicates a sign of distress4to such a degree that the person would face harm without immediate5medical or mental health care, that bringing the person before the court6would be in such person's interest in addressing that need; provided,7however, that before making the arrest, the officer shall make all8reasonable efforts to assist the person in securing appropriate9services.] 10 § 4. The criminal procedure law is amended by adding a new section 11 150.30 to read as follows: 12 § 150.30 Appearance ticket; issuance and service thereof after arrest 13 upon posting of pre-arraignment bail. 14 1. Issuance and service of an appearance ticket by a police officer 15 following an arrest without a warrant, as prescribed in subdivision two 16 of section 150.20 of this article, may be made conditional upon the 17 posting of a sum of money, known as pre-arraignment bail. In such case, 18 the bail becomes forfeit upon failure of such person to comply with the 19 directions of the appearance ticket. The person posting such bail must 20 complete and sign a form which states (a) the name, residential address 21 and occupation of each person posting cash bail; and (b) the title of 22 the criminal action or proceeding involved; and (c) the offense or 23 offenses which are the subjects of the action or proceeding involved, 24 and the status of such action or proceeding; and (d) the name of the 25 principal and the nature of his or her involvement in or connection with 26 such action or proceeding; and (e) the date of the principal's next 27 appearance in court; and (f) an acknowledgement that the cash bail will 28 be forfeited if the principal does not comply with the directions of the 29 appearance ticket; and (g) the amount of money posted as cash bail. Such 30 pre-arraignment bail may be posted as provided in subdivision two or 31 three of this section. 32 2. A desk officer in charge at a police station, county jail, or 33 police headquarters, or any of his or her superior officers, may in such 34 place, fix pre-arraignment bail, in an amount prescribed in this subdi- 35 vision, and upon the posting thereof must issue and serve an appearance 36 ticket upon the arrested person, give a receipt for the bail, and 37 release such person from custody. Such pre-arraignment bail may be fixed 38 in the following amounts: 39 (a) If the arrest was for a class E felony, any amount not exceeding 40 seven hundred fifty dollars. 41 (b) If the arrest was for a class A misdemeanor, any amount not 42 exceeding five hundred dollars. 43 (c) If the arrest was for a class B misdemeanor or an unclassified 44 misdemeanor, any amount not exceeding two hundred fifty dollars. 45 (d) If the arrest was for a petty offense, any amount not exceeding 46 one hundred dollars. 47 3. A police officer, who has arrested a person without a warrant 48 pursuant to subdivision two of section 150.20 of this article for a 49 traffic infraction, may, where he or she reasonably believes that such 50 arrested person is not licensed to operate a motor vehicle by this state 51 or any state covered by a reciprocal compact guaranteeing appearance as 52 is provided in section five hundred seventeen of the vehicle and traffic 53 law, fix pre-arraignment bail in the amount of fifty dollars; provided, 54 however, such bail shall be posted by means of a credit card or similar 55 device. Upon the posting thereof, said officer must issue and serve anA. 11047 4 1 appearance ticket upon the arrested person, give a receipt for the bail, 2 and release such person from custody. 3 4. The chief administrator of the courts shall establish a system for 4 the posting of pre-arraignment bail by means of credit card or similar 5 device, as is provided by section two hundred twelve of the judiciary 6 law. The head of each police department or police force and of any state 7 department, agency, board, commission or public authority having police 8 officers who fix pre-arraignment bail as provided herein may elect to 9 use the system established by the chief administrator or may establish 10 such other system for the posting of pre-arraignment bail by means of 11 credit card or similar device as he or she may deem appropriate. 12 § 5. Subdivision 1 of section 150.40 of the criminal procedure law, as 13 amended by section 8 of part UU of chapter 56 of the laws of 2020, is 14 amended to read as follows: 15 1. An appearance ticket must be made returnable [at a date as soon as16possible, but in no event later than twenty days from the date of issu-17ance; or at the next scheduled session of the appropriate local criminal18court if such session is scheduled to occur more than twenty days from19the date of issuance; or at a later date, with the court's permission20due to enrollment in a pre-arraignment diversion program. The appearance21ticket shall be made returnable] in a local criminal court designated in 22 section 100.55 of this title as one with which an information for the 23 offense in question may be filed. 24 § 6. Subdivision 1 of section 150.50 of the criminal procedure law, as 25 amended by chapter 450 of the laws of 2019, is amended to read as 26 follows: 27 1. A police officer or other public servant who has issued and served 28 an appearance ticket must, at or before the time such appearance ticket 29 is returnable, file or cause to be filed with the local criminal court 30 in which it is returnable a local criminal court accusatory instrument 31 charging the person named in such appearance ticket with the offense 32 specified therein[; provided, however, that no separate accusatory33instrument shall be required to be filed for an appearance ticket issued34for a parking infraction which conforms to the requirements set forth in35paragraph (b) of subdivision one of section 1.20 of this chapter]. Noth- 36 ing herein contained shall authorize the use of a simplified information 37 when not authorized by law. 38 § 7. Section 150.80 of the criminal procedure law is REPEALED. 39 § 8. Subdivisions 3-a, 3-b, 21 and 22 of section 500.10 of the crimi- 40 nal procedure law are REPEALED. 41 § 9. Subdivisions 5, 6, 7 and 9 of section 500.10 of the criminal 42 procedure law, as amended by section 1-e of part JJJ of chapter 59 of 43 the laws of 2019, are amended to read as follows: 44 5. "Securing order" means an order of a court committing a principal 45 to the custody of the sheriff or fixing bail, [where authorized,] or 46 releasing the principal on the principal's own recognizance [or releas-47ing the principal under non-monetary conditions]. 48 6. "Order of recognizance or bail" means a securing order releasing a 49 principal on the principal's own recognizance or [under non-monetary50conditions or, where authorized,] fixing bail. 51 7. "Application for recognizance or bail" means an application by a 52 principal that the court, instead of committing the principal to or 53 retaining the principal in the custody of the sheriff, either release 54 the principal on the principal's own recognizance[, release under non-55monetary conditions, or, where authorized,] or fix bail.A. 11047 5 1 9. "Bail" means cash bail[,] or a bail bond [or money paid with a2credit card]. 3 § 10. Section 510.10 of the criminal procedure law, as amended by 4 section 2 of part JJJ of chapter 59 of the laws of 2019 and subdivision 5 4 as amended by section 2 of part UU of chapter 56 of the laws of 2020, 6 is amended to read as follows: 7 § 510.10 Securing order; when required[; alternatives available; stand-8ard to be applied]. 9 1. When a principal, whose future court attendance at a criminal 10 action or proceeding is or may be required, initially comes under the 11 control of a court, such court shall[, in accordance with this title,] 12 by a securing order, either release the principal on the principal's own 13 recognizance, [release the principal under non-monetary conditions, or,14where authorized,] fix bail or commit the principal to the custody of 15 the sheriff. [In all such cases, except where another type of securing16order is shown to be required by law, the court shall release the prin-17cipal pending trial on the principal's own recognizance, unless it is18demonstrated and the court makes an individualized determination that19the principal poses a risk of flight to avoid prosecution. If such a20finding is made, the court must select the least restrictive alternative21and condition or conditions that will reasonably assure the principal's22return to court. The court shall explain its choice of release, release23with conditions, bail or remand on the record or in writing.242. A principal is entitled to representation by counsel under this25chapter in preparing an application for release, when a securing order26is being considered and when a securing order is being reviewed for27modification, revocation or termination. If the principal is financially28unable to obtain counsel, counsel shall be assigned to the principal.293. In cases other than as described in subdivision four of this30section the court shall release the principal pending trial on the prin-31cipal's own recognizance, unless the court finds on the record or in32writing that release on the principal's own recognizance will not33reasonably assure the principal's return to court. In such instances,34the court shall release the principal under non-monetary conditions,35selecting the least restrictive alternative and conditions that will36reasonably assure the principal's return to court. The court shall37explain its choice of alternative and conditions on the record or in38writing.394. Where the principal stands charged with a qualifying offense, the40court, unless otherwise prohibited by law, may in its discretion release41the principal pending trial on the principal's own recognizance or under42non-monetary conditions, fix bail, or, where the defendant is charged43with a qualifying offense which is a felony, the court may commit the44principal to the custody of the sheriff. A principal stands charged with45a qualifying offense for the purposes of this subdivision when he or she46stands charged with:47(a) a felony enumerated in section 70.02 of the penal law, other than48robbery in the second degree as defined in subdivision one of section49160.10 of the penal law, provided, however, that burglary in the second50degree as defined in subdivision two of section 140.25 of the penal law51shall be a qualifying offense only where the defendant is charged with52entering the living area of the dwelling;53(b) a crime involving witness intimidation under section 215.15 of the54penal law;55(c) a crime involving witness tampering under section 215.11, 215.1256or 215.13 of the penal law;A. 11047 6 1(d) a class A felony defined in the penal law, provided that for class2A felonies under article two hundred twenty of the penal law, only class3A-I felonies shall be a qualifying offense;4(e) a sex trafficking offense defined in section 230.34 or 230.34-a of5the penal law, or a felony sex offense defined in section 70.80 of the6penal law, or a crime involving incest as defined in section 255.25,7255.26 or 255.27 of such law, or a misdemeanor defined in article one8hundred thirty of such law;9(f) conspiracy in the second degree as defined in section 105.15 of10the penal law, where the underlying allegation of such charge is that11the defendant conspired to commit a class A felony defined in article12one hundred twenty-five of the penal law;13(g) money laundering in support of terrorism in the first degree as14defined in section 470.24 of the penal law; money laundering in support15of terrorism in the second degree as defined in section 470.23 of the16penal law; money laundering in support of terrorism in the third degree17as defined in section 470.22 of the penal law; money laundering in18support of terrorism in the fourth degree as defined in section 470.2119of the penal law; or a felony crime of terrorism as defined in article20four hundred ninety of the penal law, other than the crime defined in21section 490.20 of such law;22(h) criminal contempt in the second degree as defined in subdivision23three of section 215.50 of the penal law, criminal contempt in the first24degree as defined in subdivision (b), (c) or (d) of section 215.51 of25the penal law or aggravated criminal contempt as defined in section26215.52 of the penal law, and the underlying allegation of such charge of27criminal contempt in the second degree, criminal contempt in the first28degree or aggravated criminal contempt is that the defendant violated a29duly served order of protection where the protected party is a member of30the defendant's same family or household as defined in subdivision one31of section 530.11 of this title;32(i) facilitating a sexual performance by a child with a controlled33substance or alcohol as defined in section 263.30 of the penal law, use34of a child in a sexual performance as defined in section 263.05 of the35penal law or luring a child as defined in subdivision one of section36120.70 of the penal law, promoting an obscene sexual performance by a37child as defined in section 263.10 of the penal law or promoting a sexu-38al performance by a child as defined in section 263.15 of the penal law;39(j) any crime that is alleged to have caused the death of another40person;41(k) criminal obstruction of breathing or blood circulation as defined42in section 121.11 of the penal law, strangulation in the second degree43as defined in section 121.12 of the penal law or unlawful imprisonment44in the first degree as defined in section 135.10 of the penal law, and45is alleged to have committed the offense against a member of the defend-46ant's same family or household as defined in subdivision one of section47530.11 of this title;48(l) aggravated vehicular assault as defined in section 120.04-a of the49penal law or vehicular assault in the first degree as defined in section50120.04 of the penal law;51(m) assault in the third degree as defined in section 120.00 of the52penal law or arson in the third degree as defined in section 150.10 of53the penal law, when such crime is charged as a hate crime as defined in54section 485.05 of the penal law;55(n) aggravated assault upon a person less than eleven years old as56defined in section 120.12 of the penal law or criminal possession of aA. 11047 7 1weapon on school grounds as defined in section 265.01-a of the penal2law;3(o) grand larceny in the first degree as defined in section 155.42 of4the penal law, enterprise corruption as defined in section 460.20 of the5penal law, or money laundering in the first degree as defined in section6470.20 of the penal law;7(p) failure to register as a sex offender pursuant to section one8hundred sixty-eight-t of the correction law or endangering the welfare9of a child as defined in subdivision one of section 260.10 of the penal10law, where the defendant is required to maintain registration under11article six-C of the correction law and designated a level three offen-12der pursuant to subdivision six of section one hundred sixty-eight-l of13the correction law;14(q) a crime involving bail jumping under section 215.55, 215.56 or15215.57 of the penal law, or a crime involving escaping from custody16under section 205.05, 205.10 or 205.15 of the penal law;17(r) any felony offense committed by the principal while serving a18sentence of probation or while released to post release supervision;19(s) a felony, where the defendant qualifies for sentencing on such20charge as a persistent felony offender pursuant to section 70.10 of the21penal law; or22(t) any felony or class A misdemeanor involving harm to an identifi-23able person or property, where such charge arose from conduct occurring24while the defendant was released on his or her own recognizance or25released under conditions for a separate felony or class A misdemeanor26involving harm to an identifiable person or property, provided, however,27that the prosecutor must show reasonable cause to believe that the28defendant committed the instant crime and any underlying crime. For the29purposes of this subparagraph, any of the underlying crimes need not be30a qualifying offense as defined in this subdivision.315. Notwithstanding the provisions of subdivisions three and four of32this section, with respect to any charge for which bail or remand is not33ordered, and for which the court would not or could not otherwise34require bail or remand, a defendant may, at any time, request that the35court set bail in a nominal amount requested by the defendant in the36form specified in paragraph (a) of subdivision one of section 520.10 of37this title; if the court is satisfied that the request is voluntary, the38court shall set such bail in such amount.396.] When a securing order is revoked or otherwise terminated in the 40 course of an uncompleted action or proceeding but the principal's future 41 court attendance still is or may be required and the principal is still 42 under the control of a court, a new securing order must be issued. When 43 the court revokes or otherwise terminates a securing order which commit- 44 ted the principal to the custody of the sheriff, the court shall give 45 written notification to the sheriff of such revocation or termination of 46 the securing order. 47 2. The court shall release the principal on personal recognizance or 48 on bail unless the court makes an individualized determination that: (a) 49 the principal poses a risk of flight to avoid prosecution; (b) the prin- 50 cipal poses a risk of failing to appear in court based on the princi- 51 pal's record of a prior criminal conviction or failure to appear in 52 prior court proceedings; or (c) the principal poses a risk of endanger- 53 ing the safety of any other person or the community. If the court finds 54 that the principal poses a risk of flight or a risk of failure to appear 55 but does not pose a risk of endangering the safety of any other person 56 or the community, the court shall release the principal subject to theA. 11047 8 1 lowest reasonable bail and/or the least restrictive further condition or 2 combination of conditions that will reasonably ensure the appearance of 3 the principal considering the nature and circumstances of the charged 4 offense, the weight of the evidence, the history and characteristics of 5 the principal, and the nature and seriousness of the danger posed by the 6 principal's release. If the court determines that no condition or combi- 7 nation of conditions will reasonably assure the appearance of the prin- 8 cipal and the safety of any other person of the community, the court 9 shall order detention without bail. 10 3. If the principal is arrested during the interim period while await- 11 ing a preliminary hearing or trial, the court shall revoke or otherwise 12 terminate the securing order and issue a new securing order taking into 13 account the subsequent arrest. 14 4. (a) All securing orders issued under this section where the princi- 15 pal is incarcerated solely because of said order shall be reviewed and 16 re-evaluated by the court no later than: 17 (i) every four weeks thereafter where a class A misdemeanor is the 18 highest grade offense; 19 (ii) every six weeks thereafter where a class E felony is the highest 20 grade offense; 21 (iii) every eight weeks thereafter where a class D felony is the high- 22 est grade offense; 23 (iv) every ten weeks thereafter where a class C felony is the highest 24 grade offense; or 25 (v) every twelve weeks thereafter where a class B felony is the high- 26 est grade offense. 27 (b) Upon such review or re-evaluation, the court shall reconsider 28 whether the principal should be released on personal recognizance or 29 upon posting reduced bail in the interests of justice after considering 30 the length of time the principal has already been incarcerated, the 31 likely sentence that would be imposed if the principal were found guilty 32 or plead guilty to the charged offense, the nature and circumstances of 33 the charged offense, the weight of the evidence, the history and charac- 34 teristics of the principal, the nature and seriousness of the danger 35 posed by the principal's release, and whether the principal should be 36 released subject to a further condition, or combination of conditions, 37 that reasonably justifies the release of the principal on personal 38 recognizance or reduced bail, and such other factors in the interests of 39 justice as reasonably determined by the court based on an individualized 40 determination as to whether and to what extent that the principal 41 continues to pose a risk of flight to avoid prosecution, continues to 42 pose a risk of failing to appear in court based on the principal's 43 record of a prior criminal conviction or failure to appear in prior 44 court proceedings, or continues to pose a risk of endangering the safety 45 of any other person or the community. If the court determines that no 46 condition or combination of conditions will reasonably ensure the 47 appearance of the principal and the safety of any other person of the 48 community, the court shall continue to detain the principal without bail 49 or without a reduction in the amount of the bail. 50 § 11. Section 510.20 of the criminal procedure law, as amended by 51 section 3 of part JJJ of chapter 59 of the laws of 2019, is amended to 52 read as follows: 53 § 510.20 Application for [a change in securing order] recognizance or 54 bail; making and determination thereof in general. 55 1. Upon any occasion when a court [has issued] is required to issue a 56 securing order with respect to a principal [and the], or at any timeA. 11047 9 1 when a principal is confined in the custody of the sheriff as a result 2 of the securing order or a previously issued securing order, the princi- 3 pal may make an application for recognizance[, release under non-mone-4tary conditions] or bail. 5 2. [(a) The principal is entitled to representation by counsel in the6making and presentation of such application. If the principal is finan-7cially unable to obtain counsel, counsel shall be assigned to the prin-8cipal.9(b)] Upon such application, the principal must be accorded an opportu- 10 nity to be heard[, present evidence] and to contend that an order of 11 recognizance[, release under non-monetary conditions] or[, where author-12ized,] bail must or should issue, that the court should release the 13 principal on the principal's own recognizance [or under non-monetary14conditions] rather than fix bail, and that if bail is [authorized and] 15 fixed it should be in a suggested amount and form. 16 § 12. Section 510.30 of the criminal procedure law, as amended by 17 section 5 of part JJJ of chapter 59 of the laws of 2019, is amended to 18 read as follows: 19 § 510.30 Application for [securing order] recognizance or bail; rules of 20 law and criteria controlling determination. 21 1. Determinations of applications for recognizance or bail are not in 22 all cases discretionary but are subject to rules, prescribed in article 23 five hundred thirty of this title and other provisions of law relating 24 to specific kinds of criminal actions and proceedings, providing (a) 25 that in some circumstances such an application must as a matter of law 26 be granted, (b) that in others it must as a matter of law be denied and 27 the principal committed to or retained in the custody of the sheriff, 28 and (c) that in others the granting or denial thereof is a matter of 29 judicial discretion. 30 2. To the extent that the issuance of an order of recognizance or bail 31 and the terms thereof are matters of discretion rather than of law, an 32 application is determined on the basis of the following factors and 33 criteria: 34 (a) With respect to any principal, the court [in all cases, unless35otherwise provided by law,] must [impose the least restrictive] consider 36 the kind and degree of control or restriction that is necessary to 37 secure the principal's return to court when required. In determining 38 that matter, the court must, on the basis of available information, 39 consider and take into account: 40 (i) The principal's character, reputation, habits and mental condi- 41 tion; 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) [information about the principal that is relevant to the princi-46pal's return to court, including:47(a) The principal's activities and history;48(b) If the principal is a defendant, the charges facing the principal;49(c)] The principal's criminal [conviction] record if any; 50 [(d)] (v) The principal's record of previous adjudication as a juve- 51 nile delinquent, as retained pursuant to section 354.2 of the family 52 court act, or, of pending cases where fingerprints are retained pursuant 53 to section 306.1 of such act, or a youthful offender, if any; 54 [(e)] (vi) The principal's previous record if any in responding to 55 court appearances when required or with respect to flight to avoid crim- 56 inal prosecution;A. 11047 10 1 [(f) If monetary bail is authorized, according to the restrictions set2forth in this title, the principal's individual financial circumstances,3and, in cases where bail is authorized, the principal's ability to post4bail without posing undue hardship, as well as his or her ability to5obtain a secured, unsecured, or partially secured bond;6(g)] (vii) Where the principal is charged with a crime or crimes 7 against a member or members of the same family or household as that term 8 is defined in subdivision one of section 530.11 of this title, the 9 following factors: 10 [(i)] (A) any violation by the principal of an order of protection 11 issued by any court for the protection of a member or members of the 12 same family or household as that term is defined in subdivision one of 13 section 530.11 of this title, whether or not such order of protection is 14 currently in effect; and 15 [(ii)] (B) the principal's history of use or possession of a firearm; 16 [and17(h)] (viii) If the principal is a defendant, the weight of the 18 evidence against him or her in the pending criminal action and any other 19 factor indicating probability or improbability of conviction; or, in the 20 case of an application for [a securing order] bail or recognizance pend- 21 ing appeal, the merit or lack of merit of the appeal; and 22 (ix) If he or she is a defendant, the sentence which may be or has 23 been imposed upon conviction. 24 [2.] (b) Where the principal is a defendant-appellant in a pending 25 appeal from a judgment of conviction, the court must also consider the 26 likelihood of ultimate reversal of the judgment. A determination that 27 the appeal is palpably without merit alone justifies, but does not 28 require, a denial of the application, regardless of any determination 29 made with respect to the factors specified in paragraph (a) of this 30 subdivision [one of this section]. 31 3. When bail or recognizance is ordered, the court shall inform the 32 principal, if the principal is a defendant charged with the commission 33 of a felony, that the release is conditional and that the court may 34 revoke the order of release and [may be authorized] to commit the prin- 35 cipal to the custody of the sheriff in accordance with the provisions of 36 subdivision two of section 530.60 of this [chapter] title if the princi- 37 pal commits a subsequent felony while at liberty upon such order. 38 § 13. Section 510.40 of the criminal procedure law, as amended by 39 section 6 of part JJJ of chapter 59 of the laws of 2019 and paragraph 40 (c) of subdivision 4 as amended by section 7 of part UU of chapter 56 of 41 the laws of 2020, is amended to read as follows: 42 § 510.40 [Court notification to principal of conditions of release and43of alleged violations of conditions of release] Application 44 for recognizance or bail; determination thereof, form of 45 securing order and execution thereof. 46 1. An application for recognizance or bail must be determined by a 47 securing order which either: 48 (a) Grants the application and releases the principal on his or her 49 own recognizance; or 50 (b) Grants the application and fixes bail; or 51 (c) Denies the application and commits the principal to, or retains 52 him or her in, the custody of the sheriff. 53 2. Upon ordering that a principal be released on the principal's own 54 recognizance, [or released under non-monetary conditions, or, if bail55has been fixed, upon the posting of bail,] the court must direct the 56 principal to appear in the criminal action or proceeding involved when-A. 11047 11 1 ever the principal's attendance may be required and to [be] render the 2 principal at all times amenable to the orders and processes of the 3 court. If such principal is in the custody of the sheriff or at liberty 4 upon bail at the time of the order, the court must direct that the prin- 5 cipal be discharged from such custody or, as the case may be, that the 6 principal's bail be exonerated. 7 [2.] 3. Upon the issuance of an order fixing bail[, where authorized,] 8 and upon the posting thereof, the court must examine the bail to deter- 9 mine whether it complies with the order. If it does, the court must, in 10 the absence of some factor or circumstance which in law requires or 11 authorizes disapproval thereof, approve the bail and must issue a 12 certificate of release, authorizing the principal to be at liberty, and, 13 if the principal is in the custody of the sheriff at the time, directing 14 the sheriff to discharge the principal therefrom. If the bail fixed is 15 not posted, or is not approved after being posted, the court must order 16 that the principal be committed to the custody of the sheriff. [In the17event of any such non-approval, the court shall explain promptly in18writing the reasons therefor.193. Non-monetary conditions of release shall be individualized and20established in writing by the court. At future court appearances, the21court shall consider a lessening of conditions or modification of condi-22tions to a less burdensome form based on the principal's compliance with23such conditions of release. In the event of alleged non-compliance with24the conditions of release in an important respect, pursuant to this25subdivision, additional conditions may be imposed by the court, on the26record or in writing, only after notice of the facts and circumstances27of such alleged non-compliance, reasonable under the circumstances,28affording the principal and the principal's attorney and the people an29opportunity to present relevant, admissible evidence, relevant witnesses30and to cross-examine witnesses, and a finding by clear and convincing31evidence that the principal violated a condition of release in an impor-32tant respect. Following such a finding, in determining whether to impose33additional conditions for non-compliance, the court shall consider and34may select conditions consistent with the court's obligation to impose35the least restrictive condition or conditions that will reasonably36assure the defendant's return to court. The court shall explain on the37record or in writing the reasons for its determination and for any38changes to the conditions imposed.394. (a) Electronic monitoring of a principal's location may be ordered40only if the court finds, after notice, an opportunity to be heard and an41individualized determination explained on the record or in writing, that42the defendant qualifies for electronic monitoring in accordance with43subdivision twenty-one of section 500.10 of this title, and no other44realistic non-monetary condition or set of non-monetary conditions will45suffice to reasonably assure a principal's return to court.46(b) The specific method of electronic monitoring of the principal's47location must be approved by the court. It must be the least restrictive48procedure and method that will reasonably assure the principal's return49to court, and unobtrusive to the greatest extent practicable.50(c) Electronic monitoring of the location of a principal may be51conducted only by a public entity under the supervision and control of a52county or municipality or a non-profit entity under contract to the53county, municipality or the state. A county or municipality shall be54authorized to enter into a contract with another county or municipality55in the state to monitor principals under non-monetary conditions of56release in its county, but counties, municipalities and the state shallA. 11047 12 1not contract with any private for-profit entity for such purposes.2Counties, municipalities and the state may contract with a private for-3profit entity to supply electronic monitoring devices or other items,4provided that any interaction with persons under electronic monitoring5or the data produced by such monitoring shall be conducted solely by6employees of a county, municipality, the state, or a non-profit entity7under contract with such county, municipality or the state.8(d) Electronic monitoring of a principal's location may be for a maxi-9mum period of sixty days, and may be renewed for such period, after10notice, an opportunity to be heard and a de novo, individualized deter-11mination in accordance with this subdivision, which shall be explained12on the record or in writing.13A defendant subject to electronic location monitoring under this14subdivision shall be considered held or confined in custody for purposes15of section 180.80 of this chapter and shall be considered committed to16the custody of the sheriff for purposes of section 170.70 of the chap-17ter, as applicable.185. If a principal is released under non-monetary conditions, the court19shall, on the record and in an individualized written document provided20to the principal, notify the principal, in plain language and a manner21sufficiently clear and specific:22(a) of any conditions to which the principal is subject, to serve as a23guide for the principal's conduct; and24(b) that the possible consequences for violation of such a condition25may include revocation of the securing order and the ordering of a more26restrictive securing order.] 27 § 14. Sections 510.43 and 510.45 of the criminal procedure law are 28 REPEALED. 29 § 15. Section 510.50 of the criminal procedure law, as amended by 30 section 9 of part JJJ of chapter 59 of the laws of 2019, is amended to 31 read as follows: 32 § 510.50 Enforcement of securing order. 33 [1.] When the attendance of a principal confined in the custody of the 34 sheriff is required at the criminal action or proceeding at a particular 35 time and place, the court may compel such attendance by directing the 36 sheriff to produce the principal at such time and place. If the princi- 37 pal is at liberty on the principal's own recognizance [or non-monetary38conditions] or on bail, the principal's attendance may be achieved or 39 compelled by various methods, including notification and the issuance of 40 a bench warrant, prescribed by law in provisions governing such matters 41 with respect to the particular kind of action or proceeding involved. 42 [2. Except when the principal is charged with a new crime while at43liberty, absent relevant, credible evidence demonstrating that a princi-44pal's failure to appear for a scheduled court appearance was willful,45the court, prior to issuing a bench warrant for a failure to appear for46a scheduled court appearance, shall provide at least forty-eight hours47notice to the principal or the principal's counsel that the principal is48required to appear, in order to give the principal an opportunity to49appear voluntarily.] 50 § 16. Paragraph (b) of subdivision 2 of section 520.10 of the criminal 51 procedure law, as amended by section 10 of part JJJ of chapter 59 of the 52 laws of 2019, is amended to read as follows: 53 (b) The court [shall] may direct that the bail be posted in any one of 54 [three] two or more of the forms specified in subdivision one of this 55 section, designated in the alternative, and may designate different 56 amounts varying with the forms[, except that one of the forms shall beA. 11047 13 1either an unsecured or partially secured surety bond, as selected by the2court]. 3 § 17. Section 530.10 of the criminal procedure law, as amended by 4 section 11 of part JJJ of chapter 59 of the laws of 2019, is amended to 5 read as follows: 6 § 530.10 Order of recognizance [release under non-monetary conditions] 7 or bail; in general. 8 Under circumstances prescribed in this article, a court, upon applica- 9 tion of a defendant charged with or convicted of an offense, is required 10 [to issue a securing order] or authorized to order bail or recognizance 11 for the release or prospective release of such defendant during the 12 pendency of either: 13 1. A criminal action based upon such charge; or 14 2. An appeal taken by the defendant from a judgment of conviction or a 15 sentence or from an order of an intermediate appellate court affirming 16 or modifying a judgment of conviction or a sentence. 17 § 18. Subdivision 4 of section 530.11 of the criminal procedure law, 18 as amended by section 12 of part JJJ of chapter 59 of the laws of 2019, 19 is amended to read as follows: 20 4. When a person is arrested for an alleged family offense or an 21 alleged violation of an order of protection or temporary order of 22 protection or arrested pursuant to a warrant issued by the supreme or 23 family court, and the supreme or family court, as applicable, is not in 24 session, such person shall be brought before a local criminal court in 25 the county of arrest or in the county in which such warrant is return- 26 able pursuant to article one hundred twenty of this chapter. Such local 27 criminal court may issue any order authorized under subdivision eleven 28 of section 530.12 of this article, section one hundred fifty-four-d or 29 one hundred fifty-five of the family court act or subdivision three-b of 30 section two hundred forty or subdivision two-a of section two hundred 31 fifty-two of the domestic relations law, in addition to discharging 32 other arraignment responsibilities as set forth in this chapter. In 33 making such order, the local criminal court shall consider [de novo] the 34 bail recommendation [and securing order], if any, made by the supreme or 35 family court as indicated on the warrant or certificate of warrant. 36 Unless the petitioner or complainant requests otherwise, the court, in 37 addition to scheduling further criminal proceedings, if any, regarding 38 such alleged family offense or violation allegation, shall make such 39 matter returnable in the supreme or family court, as applicable, on the 40 next day such court is in session. 41 § 19. Subdivision 11 of section 530.12 of the criminal procedure law, 42 as amended by section 15 of part JJJ of chapter 59 of the laws of 2019, 43 is amended to read as follows: 44 11. If a defendant is brought before the court for failure to obey any 45 lawful order issued under this section, or an order of protection issued 46 by a court of competent jurisdiction in another state, territorial or 47 tribal jurisdiction, and if, after hearing, the court is satisfied by 48 competent proof that the defendant has willfully failed to obey any such 49 order, the court may: 50 (a) revoke an order of recognizance [or release under non-monetary51conditions] or revoke an order of bail or order forfeiture of such bail 52 and commit the defendant to custody; or 53 (b) restore the case to the calendar when there has been an adjourn- 54 ment in contemplation of dismissal and commit the defendant to custody; 55 orA. 11047 14 1 (c) revoke a conditional discharge in accordance with section 410.70 2 of this chapter and impose probation supervision or impose a sentence of 3 imprisonment in accordance with the penal law based on the original 4 conviction; or 5 (d) revoke probation in accordance with section 410.70 of this chapter 6 and impose a sentence of imprisonment in accordance with the penal law 7 based on the original conviction. In addition, if the act which consti- 8 tutes the violation of the order of protection or temporary order of 9 protection is a crime or a violation the defendant may be charged with 10 and tried for that crime or violation. 11 § 20. The opening paragraph of subdivision 1 of section 530.13 of the 12 criminal procedure law, as amended by section 14 of part JJJ of chapter 13 59 of the laws of 2019, is amended to read as follows: 14 When any criminal action is pending, and the court has not issued a 15 temporary order of protection pursuant to section 530.12 of this arti- 16 cle, the court, in addition to the other powers conferred upon it by 17 this chapter, may for good cause shown issue a temporary order of 18 protection in conjunction with any securing order committing the defend- 19 ant to the custody of the sheriff or as a condition of a pre-trial 20 release, or as a condition of release on bail or an adjournment in 21 contemplation of dismissal. In addition to any other conditions, such an 22 order may require that the defendant: 23 § 21. Paragraph (a) of subdivision 8 of section 530.13 of the criminal 24 procedure law, as amended by section 13 of part JJJ of chapter 59 of the 25 laws of 2019, is amended to read as follows: 26 (a) revoke an order of recognizance[, release under non-monetary27conditions] or bail and commit the defendant to custody; or 28 § 22. Section 530.20 of the criminal procedure law is REPEALED and a 29 new section 530.20 is added to read as follows: 30 § 530.20 Order of recognizance or bail; by local criminal court when 31 action is pending therein. 32 When a criminal action is pending in a local criminal court, such 33 court, upon application of a defendant, must or may order recognizance 34 or bail as follows: 35 1. When the defendant is charged, by information, simplified informa- 36 tion, prosecutor's information or misdemeanor complaint, with an offense 37 or offenses of less than felony grade only, the court must order recog- 38 nizance or bail. 39 2. When the defendant is charged, by felony complaint, with a felony, 40 the court may, in its discretion, order recognizance or bail except as 41 otherwise provided in this subdivision: 42 (a) A city court, a town court or a village court may not order recog- 43 nizance or bail when (i) the defendant is charged with a class A felony, 44 or (ii) it appears that the defendant has two previous felony 45 convictions; 46 (b) No local criminal court may order recognizance or bail with 47 respect to a defendant charged with a felony unless and until: 48 (i) The district attorney has been heard in the matter or, after know- 49 ledge or notice of the application and reasonable opportunity to be 50 heard, has failed to appear at the proceeding or has otherwise waived 51 his or her right to do so; and 52 (ii) The court has been furnished with a report of the division of 53 criminal justice services concerning the defendant's criminal record if 54 any or with a police department report with respect to the defendant's 55 prior arrest record. If neither report is available, the court, with the 56 consent of the district attorney, may dispense with this requirement;A. 11047 15 1 provided, however, that in an emergency, including but not limited to a 2 substantial impairment in the ability of such division or police depart- 3 ment to timely furnish such report, such consent shall not be required 4 if, for reasons stated on the record, the court deems it unnecessary. 5 When the court has been furnished with any such report or record, it 6 shall furnish a copy thereof to counsel for the defendant or, if the 7 defendant is not represented by counsel, to the defendant. 8 3. The court shall make an individualized determination if: (a) the 9 defendant poses a risk of flight to avoid prosecution; (b) the defendant 10 poses a risk of failing to appear in court based on the defendant's 11 record of a prior criminal conviction or failure to appear in prior 12 court proceedings; or (c) the defendant poses a risk of endangering the 13 safety of any other person or the community. If the court finds that the 14 defendant poses a risk of flight or a risk of failure to appear but does 15 not pose a risk of endangering the safety of any other person or the 16 community, the court shall release the defendant subject to the lowest 17 reasonable bail and/or the least restrictive further condition or combi- 18 nation of conditions that will reasonably ensure the appearance of the 19 defendant considering the nature and circumstances of the charged 20 offense, the weight of the evidence, the history and characteristics of 21 the defendant, and the nature and seriousness of the danger posed by the 22 defendant's release. If the court determines that no condition or combi- 23 nation of conditions will reasonably assure the appearance of the 24 defendant and the safety of any other person of the community, the court 25 shall order detention without bail. 26 4. If the defendant is arrested during the interim period while await- 27 ing a preliminary hearing or trial, the court shall revoke or otherwise 28 terminate the previous order and issue a new order taking into account 29 the subsequent arrest. 30 5. (a) All orders issued under this section where the defendant is 31 incarcerated solely because of said order shall be reviewed and re-eval- 32 uated by the court no later than: 33 (i) every four weeks thereafter where a class A misdemeanor is the 34 highest grade offense; 35 (ii) every six weeks thereafter where a class E felony is the highest 36 grade offense; 37 (iii) every eight weeks thereafter where a class D felony is the high- 38 est grade offense; 39 (iv) every ten weeks thereafter where a class C felony is the highest 40 grade offense; or 41 (v) every twelve weeks thereafter where a class B felony is the high- 42 est grade offense. 43 (b) Upon such review or re-evaluation, the court shall reconsider 44 whether the defendant should be released on personal recognizance or 45 upon posting reduced bail in the interests of justice after considering 46 the length of time the defendant has already been incarcerated, the 47 likely sentence that would be imposed if the defendant were found guilty 48 or pled guilty to the charged offense, the nature and circumstances of 49 the charged offense, the weight of the evidence, the history and charac- 50 teristics of the defendant, the nature and seriousness of the danger 51 posed by the defendant's release, and whether the principal should be 52 released subject to a further condition, or combination of conditions, 53 that reasonably justifies the release of the defendant on personal 54 recognizance or reduced bail, and such other factors in the interests of 55 justice as reasonably determined by the court based on an individualized 56 determination as to whether and to what extent that the defendantA. 11047 16 1 continues to pose a risk of flight to avoid prosecution, continues to 2 pose a risk of failing to appear in court based on the defendant's 3 record of a prior criminal conviction or failure to appear in prior 4 court proceedings, or continues to pose a risk of endangering the safety 5 of any other person or the community. If the court determines that no 6 condition or combination of conditions will reasonably ensure the 7 appearance of the defendant and the safety of any other person of the 8 community, the court shall continue to detain the defendant without bail 9 or without a reduction in the amount of the bail. 10 § 23. The section heading and subdivisions 1 and 2 of section 530.30 11 of the criminal procedure law, as amended by section 17 of part JJJ of 12 chapter 59 of the laws of 2019, are amended to read as follows: 13 Order of recognizance[, release under non-monetary conditions] or bail; 14 by superior court judge when action is pending in local criminal court. 15 1. When a criminal action is pending in a local criminal court, other 16 than one consisting of a superior court judge sitting as such, a judge 17 of a superior court holding a term thereof in the county, upon applica- 18 tion of a defendant, may order recognizance[, release under non-monetary19conditions] or[, where authorized,] bail when such local criminal court: 20 (a) Lacks authority to issue such an order, pursuant to the relevant 21 provisions of section 530.20 of this article; or 22 (b) Has denied an application for recognizance[, release under non-23monetary conditions] or bail; or 24 (c) Has fixed bail[, where authorized,] which is excessive[; or25(d) Has set a securing order of release under non-monetary conditions26which are more restrictive than necessary to reasonably assure the27defendant's return to court]. 28 In such case, such superior court judge may vacate the order of such 29 local criminal court and release the defendant on his or her own recog- 30 nizance [or under non-monetary conditions,] or [where authorized,] fix 31 bail in a lesser amount or in a less burdensome form[, whichever are the32least restrictive alternative and conditions that will reasonably assure33the defendant's return to court. The court shall explain its choice of34alternative and conditions on the record or in writing]. 35 2. Notwithstanding the provisions of subdivision one of this section, 36 when the defendant is charged with a felony in a local criminal court, a 37 superior court judge may not order recognizance, [release under non-mon-38etary conditions] or[, where authorized,] bail unless and until the 39 district attorney has had an opportunity to be heard in the matter and 40 such judge [and counsel for the defendant have] has been furnished with 41 a report as described in subparagraph (ii) of paragraph (b) of subdivi- 42 sion two of section 530.20 of this article. 43 § 24. Section 530.40 of the criminal procedure law is REPEALED and a 44 new section 530.40 is added to read as follows: 45 § 530.40 Order of recognizance or bail; by superior court when action is 46 pending therein. 47 When a criminal action is pending in a superior court, such court, 48 upon application of a defendant, must or may order recognizance or bail 49 as follows: 50 1. When the defendant is charged with an offense or offenses of less 51 than felony grade only, the court must order recognizance or bail. 52 2. When the defendant is charged with a felony, the court may, in its 53 discretion, order recognizance or bail. In any such case in which an 54 indictment (a) has resulted from an order of a local criminal court 55 holding the defendant for the action of the grand jury, or (b) was filed 56 at a time when a felony complaint charging the same conduct was pendingA. 11047 17 1 in a local criminal court, and in which such local criminal court or a 2 superior court judge has issued an order of recognizance or bail which 3 is still effective, the superior court's order may be in the form of a 4 direction continuing the effectiveness of the previous order. 5 3. Notwithstanding the provisions of subdivision two of this section, 6 a superior court may not order recognizance or bail, or permit a defend- 7 ant to remain at liberty pursuant to an existing order, after the 8 defendant has been convicted of either: (a) a class A felony or (b) any 9 class B or class C felony defined in article one hundred thirty of the 10 penal law committed or attempted to be committed by a person eighteen 11 years of age or older against a person less than eighteen years of age. 12 In either case the court must commit or remand the defendant to the 13 custody of the sheriff. 14 4. Notwithstanding the provisions of subdivision two of this section, 15 a superior court may not order recognizance or bail when the defendant 16 is charged with a felony unless and until the district attorney has had 17 an opportunity to be heard in the matter and such court has been 18 furnished with a report as described in subparagraph (ii) of paragraph 19 (b) of subdivision two of section 530.20 of this article. 20 5. The court shall make an individualized determination if: (a) the 21 defendant poses a risk of flight to avoid prosecution; (b) the defendant 22 poses a risk of failing to appear in court based on the defendant's 23 record of a prior criminal conviction or failure to appear in prior 24 court proceedings; or (c) the defendant poses a risk of endangering the 25 safety of any other person or the community. If the court finds that the 26 defendant poses a risk of flight or a risk of failure to appear but does 27 not pose a risk of endangering the safety of any other person or the 28 community, the court shall release the defendant subject to the lowest 29 reasonable bail and/or the least restrictive further condition or combi- 30 nation of conditions that will reasonably ensure the appearance of the 31 defendant considering the nature and circumstances of the charged 32 offense, the weight of the evidence, the history and characteristics of 33 the defendant, and the nature and seriousness of the danger posed by the 34 defendant's release. If the court determines that no condition or combi- 35 nation of conditions will reasonably assure the appearance of the 36 defendant and the safety of any other person of the community, the court 37 shall order detention without bail. 38 6. If the defendant is arrested during the interim period while await- 39 ing a preliminary hearing or trial, the court shall revoke or otherwise 40 terminate the previous order and issue a new order taking into account 41 the subsequent arrest. 42 7. (a) All orders issued under this section where the defendant is 43 incarcerated solely because of said order shall be reviewed and re-eval- 44 uated by the court no later than: 45 (i) every four weeks thereafter where a class A misdemeanor is the 46 highest grade offense; 47 (ii) every six weeks thereafter where a class E felony is the highest 48 grade offense; 49 (iii) every eight weeks thereafter where a class D felony is the high- 50 est grade offense; 51 (iv) every ten weeks thereafter where a class C felony is the highest 52 grade offense; or 53 (v) every twelve weeks thereafter where a class B felony is the high- 54 est grade offense. 55 (b) Upon such review or re-evaluation, the court shall reconsider 56 whether the defendant should be released on personal recognizance orA. 11047 18 1 upon posting reduced bail in the interests of justice after considering 2 the length of time the defendant has already been incarcerated, the 3 likely sentence that would be imposed if the defendant were found guilty 4 or pled guilty to the charged offense, the nature and circumstances of 5 the charged offense, the weight of the evidence, the history and charac- 6 teristics of the defendant, the nature and seriousness of the danger 7 posed by the defendant's release, and whether the principal should be 8 released subject to a further condition, or combination of conditions, 9 that reasonably justifies the release of the defendant on personal 10 recognizance or reduced bail, and such other factors in the interests of 11 justice as reasonably determined by the court based on an individualized 12 determination as to whether and to what extent that the defendant 13 continues to pose a risk of flight to avoid prosecution, continues to 14 pose a risk of failing to appear in court based on the defendant's 15 record of a prior criminal conviction or failure to appear in prior 16 court proceedings, or continues to pose a risk of endangering the safety 17 of any other person or the community. If the court determines that no 18 condition or combination of conditions will reasonably ensure the 19 appearance of the defendant and the safety of any other person of the 20 community, the court shall continue to detain the defendant without bail 21 or without a reduction in the amount of the bail. 22 § 25. Subdivision 1 of section 530.45 of the criminal procedure law, 23 as amended by section 19 of part JJJ of chapter 59 of the laws of 2019, 24 is amended to read as follows: 25 1. When the defendant is at liberty in the course of a criminal action 26 as a result of a prior order of recognizance[, release under non-mone-27tary conditions] or bail and the court revokes such order and then[,28where authorized,] either fixes no bail or fixes bail in a greater 29 amount or in a more burdensome form than was previously fixed and 30 remands or commits defendant to the custody of the sheriff, [or issues a31more restrictive securing order,] a judge designated in subdivision two 32 of this section, upon application of the defendant following conviction 33 of an offense other than a class A felony or a class B or class C felony 34 offense as defined in article one hundred thirty of the penal law 35 committed or attempted to be committed by a person eighteen years of age 36 or older against a person less than eighteen years of age, and before 37 sentencing, may issue a securing order and either release the defendant 38 on the defendant's own recognizance, [release the defendant under non-39monetary conditions,] or[, where authorized,] fix bail or fix bail in a 40 lesser amount or in a less burdensome form[, or issue a less restrictive41securing order,] than fixed by the court in which the conviction was 42 entered. 43 § 26. Subdivision 2-a of section 530.45 of the criminal procedure law 44 is REPEALED. 45 § 27. Section 530.50 of the criminal procedure law, as amended by 46 chapter 264 of the laws of 2003, subdivision 1 as designated and subdi- 47 vision 2 as added by section 10 of part UU of chapter 56 of the laws of 48 2020, is amended to read as follows: 49 § 530.50 Order of recognizance or bail; during pendency of appeal. 50 [1.] A judge who is otherwise authorized pursuant to section 460.50 or 51 [section] 460.60 of this chapter to issue an order of recognizance or 52 bail pending the determination of an appeal, may do so unless the 53 defendant received a class A felony sentence or a sentence for any class 54 B or class C felony offense defined in article one hundred thirty of the 55 penal law committed or attempted to be committed by a person eighteen 56 years of age or older against a person less than eighteen years of age.A. 11047 19 1 [2. Notwithstanding the provisions of subdivision four of section2510.10, paragraph (b) of subdivision one of section 530.20 and subdivi-3sion four of section 530.40 of this title, when a defendant charged with4an offense that is not such a qualifying offense applies, pending deter-5mination of an appeal, for an order of recognizance or release on non-6monetary conditions, where authorized, or fixing bail, a judge identi-7fied in subdivision two of section 460.50 or paragraph (a) of8subdivision one of section 460.60 of this chapter may, in accordance9with law, and except as otherwise provided by law, issue a securing10order: releasing the defendant on the defendant's own recognizance or11under non-monetary conditions where authorized, fixing bail, or remand-12ing the defendant to the custody of the sheriff where authorized.] 13 § 28. Section 530.60 of the criminal procedure law, as amended by 14 section 20 of part JJJ of chapter 59 of the laws of 2019, is amended to 15 read as follows: 16 § 530.60 [Certain modifications of a securing order] Order of recogni- 17 zance or bail; revocation thereof. 18 1. Whenever in the course of a criminal action or proceeding a defend- 19 ant is at liberty as a result of an order of recognizance[, release20under non-monetary conditions] or bail issued pursuant to this chapter, 21 and the court considers it necessary to review such order, [whether due22to a motion by the people or otherwise,] the court may, and [except as23provided in subdivision two of section 510.50 of this title concerning a24failure to appear in court,] by a bench warrant if necessary, require 25 the defendant to appear before the court. Upon such appearance, the 26 court, for good cause shown, may revoke the order of recognizance[,27release under non-monetary conditions,] or bail. If the defendant is 28 entitled to recognizance[, release under non-monetary conditions,] or 29 bail as a matter of right, the court must issue another such order. If 30 the defendant is not, the court may either issue such an order or commit 31 the defendant to the custody of the sheriff in accordance with this 32 section. 33 Where the defendant is committed to the custody of the sheriff and is 34 held on a felony complaint, a new period as provided in section 180.80 35 of this chapter shall commence to run from the time of the defendant's 36 commitment under this subdivision. 37 2. (a) Whenever in the course of a criminal action or proceeding a 38 defendant charged with the commission of a felony is at liberty as a 39 result of an order of recognizance, [release under non-monetary condi-40tions] or bail issued pursuant to this article it shall be grounds for 41 revoking such order that the court finds reasonable cause to believe the 42 defendant committed one or more specified class A or violent felony 43 offenses or intimidated a victim or witness in violation of section 44 215.15, 215.16 or 215.17 of the penal law while at liberty. 45 [(b) Except as provided in paragraph (a) of this subdivision or any46other law, whenever in the course of a criminal action or proceeding a47defendant charged with the commission of an offense is at liberty as a48result of an order of recognizance, release under non-monetary condi-49tions or bail issued pursuant to this article it shall be grounds for50revoking such order and fixing bail in such criminal action or proceed-51ing when the court has found, by clear and convincing evidence, that the52defendant:53(i) persistently and willfully failed to appear after notice of sched-54uled appearances in the case before the court; orA. 11047 20 1(ii) violated an order of protection in the manner prohibited by2subdivision (b), (c) or (d) of section 215.51 of the penal law while at3liberty; or4(iii) stands charged in such criminal action or proceeding with a5misdemeanor or violation and, after being so charged, intimidated a6victim or witness in violation of section 215.15, 215.16 or 215.17 of7the penal law or tampered with a witness in violation of section 215.11,8215.12 or 215.13 of the penal law, law while at liberty; or9(iv) stands charged in such action or proceeding with a felony and,10after being so charged, committed a felony while at liberty.11(c)] Before revoking an order of recognizance[, release under non-mon-12etary conditions,] or bail pursuant to this subdivision, the court must 13 hold a hearing and shall receive any relevant, admissible evidence not 14 legally privileged. The defendant may cross-examine witnesses and may 15 present relevant, admissible evidence on his own behalf. Such hearing 16 may be consolidated with, and conducted at the same time as, a felony 17 hearing conducted pursuant to article one hundred eighty of this chap- 18 ter. A transcript of testimony taken before the grand jury upon presen- 19 tation of the subsequent offense shall be admissible as evidence during 20 the hearing. The district attorney may move to introduce grand jury 21 testimony of a witness in lieu of that witness' appearance at the hear- 22 ing. 23 [(d)] (b) Revocation of an order of recognizance[, release under non-24monetary conditions] or bail and [a new securing order fixing bail or] 25 commitment[, as specified in this paragraph and] pursuant to this subdi- 26 vision shall be for the following periods, either: 27 [(i) Under paragraph (a) of this subdivision, revocation of the order28of recognizance, release under non-monetary conditions or, as the case29may be, bail, and a new securing order fixing bail or committing the30defendant to the custody of the sheriff shall be as follows:31(A)] (i) For a period not to exceed ninety days exclusive of any peri- 32 ods of adjournment requested by the defendant; or 33 [(B)] (ii) Until the charges contained within the accusatory instru- 34 ment have been reduced or dismissed such that no count remains which 35 charges the defendant with commission of a felony; or 36 [(C)] (iii) Until reduction or dismissal of the charges contained 37 within the accusatory instrument charging the subsequent offense such 38 that no count remains which charges the defendant with commission of a 39 class A or violent felony offense. 40 Upon expiration of any of the three periods specified within this 41 [subparagraph] paragraph, whichever is shortest, the court may grant or 42 deny release upon an order of bail or recognizance in accordance with 43 the provisions of this article. Upon conviction to an offense the 44 provisions of this article [five hundred thirty of this chapter] shall 45 apply[; and]. 46 [(ii) Under paragraph (b) of this subdivision, revocation of the order47of recognizance, release under non-monetary conditions or, as the case48may be, bail shall result in the issuance of a new securing order which49may, if otherwise authorized by law, permit the principal's release on50recognizance or release under non-monetary conditions, but shall also51render the defendant eligible for an order fixing bail provided, howev-52er, that in accordance with the principles in this title the court must53select the least restrictive alternative and condition or conditions54that will reasonably assure the principal's return to court. Nothing in55this subparagraph shall be interpreted as shortening the period ofA. 11047 21 1detention, or requiring or authorizing any less restrictive form of a2securing order, which may be imposed pursuant to any other law.3(e)] (c) Notwithstanding the provisions of paragraph (a) [or (b)] of 4 this subdivision a defendant, against whom a felony complaint has been 5 filed which charges the defendant with commission of a class A or 6 violent felony offense [or violation of section 215.15, 215.16 or 215.177of the penal law] committed while he or she was at liberty as specified 8 therein, may be committed to the custody of the sheriff pending a revo- 9 cation hearing for a period not to exceed seventy-two hours. An addi- 10 tional period not to exceed seventy-two hours may be granted by the 11 court upon application of the district attorney upon a showing of good 12 cause or where the failure to commence the hearing was due to the 13 defendant's request or occurred with his or her consent. Such good cause 14 must consist of some compelling fact or circumstance which precluded 15 conducting the hearing within the initial prescribed period. 16 § 29. Paragraph (a) of subdivision 9 of section 216.05 of the criminal 17 procedure law, as amended by section 21 of part JJJ of chapter 59 of the 18 laws of 2019, is amended to read as follows: 19 (a) If at any time during the defendant's participation in the judi- 20 cial diversion program, the court has reasonable grounds to believe that 21 the defendant has violated a release condition [in an important respect] 22 or has [willfully] failed to appear before the court as requested, the 23 court [except as provided in subdivision two of section 510.50 of this24chapter regarding a failure to appear,] shall direct the defendant to 25 appear or issue a bench warrant to a police officer or an appropriate 26 peace officer directing him or her to take the defendant into custody 27 and bring the defendant before the court without unnecessary delay; 28 provided, however, that under no circumstances shall a defendant who 29 requires treatment for opioid abuse or dependence be deemed to have 30 violated a release condition on the basis of his or her participation in 31 medically prescribed drug treatments under the care of a health care 32 professional licensed or certified under title eight of the education 33 law, acting within his or her lawful scope of practice. The [relevant] 34 provisions of subdivision one of section 530.60 of this chapter relating 35 to [issuance of securing orders] revocation of recognizance or bail 36 shall apply to such proceedings under this subdivision. 37 § 30. Section 410.60 of the criminal procedure law, as amended by 38 section 23 of part JJJ of chapter 59 of the laws of 2019, is amended to 39 read as follows: 40 § 410.60 Appearance before court. 41 A person who has been taken into custody pursuant to section 410.40 or 42 [section] 410.50 of this article for violation of a condition of a 43 sentence of probation or a sentence of conditional discharge must forth- 44 with be brought before the court that imposed the sentence. Where a 45 violation of probation petition and report has been filed and the person 46 has not been taken into custody nor has a warrant been issued, an 47 initial court appearance shall occur within ten business days of the 48 court's issuance of a notice to appear. If the court has reasonable 49 cause to believe that such person has violated a condition of the 50 sentence, it may commit such person to the custody of the sheriff[,] or 51 fix bail[, release such person under non-monetary conditions] or release 52 such person on such person's own recognizance for future appearance at a 53 hearing to be held in accordance with section 410.70 of this article. If 54 the court does not have reasonable cause to believe that such person has 55 violated a condition of the sentence, it must direct that such person be 56 released.A. 11047 22 1 § 31. Subdivision 3 of section 620.50 of the criminal procedure law, 2 as amended by section 24 of part JJJ of chapter 59 of the laws of 2019, 3 is amended to read as follows: 4 3. A material witness order must be executed as follows: 5 (a) If the bail is posted and approved by the court, the witness must, 6 as provided in subdivision [two] three of section 510.40 of this part, 7 be released and be permitted to remain at liberty; provided that, where 8 the bail is posted by a person other than the witness himself or 9 herself, he or she may not be so released except upon his or her signed 10 written consent thereto; 11 (b) If the bail is not posted, or if though posted it is not approved 12 by the court, the witness must, as provided in subdivision [two] three 13 of section 510.40 of this part, be committed to the custody of the sher- 14 iff. 15 § 32. Subdivision 5 of section 216 of the judiciary law, as added by 16 section 5 of part UU of chapter 56 of the laws of 2020, is REPEALED. 17 § 33. Section 837-u of the executive law is REPEALED. 18 § 34. This act shall take effect immediately.
