Bill Text: NY A11122 | 2019-2020 | 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: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-11-06 - referred to codes [A11122 Detail]
Download: New_York-2019-A11122-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 11122 IN ASSEMBLY November 6, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of 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. Subdivisions 1 and 3 of section 510.10 of the criminal 2 procedure law, subdivision 1 as amended and subdivision 3 as added by 3 section 2 of part JJJ of chapter 59 of the laws of 2019, are amended to 4 read as follows: 5 1. When a principal, whose future court attendance at a criminal 6 action or proceeding is or may be required, comes under the control of a 7 court, such court shall, in accordance with this title, by a securing 8 order release the principal on the principal's own recognizance, release 9 the principal under non-monetary conditions, or, where authorized, fix 10 bail or commit the principal to the custody of the sheriff. In all such 11 cases, except where another type of securing order is shown to be 12 required by law, the court shall release the principal pending trial on 13 the principal's own recognizance, unless it is demonstrated and the 14 court makes an individualized determination that the principal poses a 15 risk of flight to avoid prosecution or that the principal poses a danger 16 to a person or the community. If such a finding is made, the court must 17 select the least restrictive alternative and condition or conditions 18 that will reasonably assure the principal's return to court. The court 19 shall explain its choice of release, release with conditions, bail or 20 remand on the record [or] and in writing. 21 3. In cases other than as described in subdivision four of this 22 section the court shall release the principal pending trial on the prin- 23 cipal's own recognizance, unless the court finds on the record [or] and 24 in writing that: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15095-02-0A. 11122 2 1 (a) release on the principal's own recognizance will not reasonably 2 assure the principal's return to court. In such instances, the court 3 shall release the principal under non-monetary conditions, selecting the 4 least restrictive alternative and conditions that will reasonably assure 5 the principal's return to court. The court shall explain its choice of 6 alternative and conditions on the record [or] and in writing; or 7 (b) 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 § 2. Paragraph (a) of subdivision 1 of section 530.20 of the criminal 23 procedure law, as added by section 16 of part JJJ of chapter 59 of the 24 laws of 2019, is amended to read as follows: 25 (a) In cases other than as described in paragraph (b) of this subdivi- 26 sion the court shall release the principal pending trial on the princi- 27 pal's own recognizance, unless the court finds on the record [or] and in 28 writing that: 29 (i) release on the principal's own recognizance will not reasonably 30 assure the principal's return to court. In such instances, the court 31 shall release the principal under non-monetary conditions, selecting the 32 least restrictive alternative and conditions that will reasonably assure 33 the principal's return to court. The court shall explain its choice of 34 alternative and conditions on the record [or] and in writing; or 35 (ii) the principal poses a danger to a person or the community. In 36 such instances, the court may in its discretion release the principal 37 pending trial on the principal's own recognizance or under non-monetary 38 conditions or commit the principal to the custody of the sheriff, 39 selecting the least restrictive alternative and conditions that will 40 reasonably assure the safety of such person or the community. A securing 41 order committing the principal to the custody of the sheriff shall be 42 limited to a duration of ninety days where the principal stands charged 43 with a misdemeanor or one hundred eighty days where the principal stands 44 charged with a felony. Where a principal is committed to the custody of 45 the sheriff, the prosecutor may make a motion to extend the duration of 46 such custody beyond the limits imposed pursuant to this subparagraph, 47 where such extension is appropriate in the interests of justice. The 48 court shall explain its choice of alternative and conditions on the 49 record and in writing. 50 § 3. Subdivision 3 of section 530.40 of the criminal procedure law, as 51 amended by section 18 of part JJJ of chapter 59 of the laws of 2019, is 52 amended to read as follows: 53 3. In cases other than as described in subdivision four of this 54 section the court shall release the principal pending trial on the prin- 55 cipal's own recognizance, unless the court finds on the record [or] and 56 in writing that:A. 11122 3 1 (a) release on the principal's own recognizance will not reasonably 2 assure the principal's return to court. In such instances, the court 3 shall release the principal under non-monetary conditions, selecting the 4 least restrictive alternative and conditions that will reasonably assure 5 the principal's return to court. The court shall explain its choice of 6 alternative and conditions on the record [or] and in writing; or 7 (b) 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 5 of part JJJ of chapter 59 of the laws of 2019, is 24 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: 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 not limited to, the use or threatened use of physical 36 force by 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) Where the principal is charged with a crime or crimes against a 50 member or members of the same family or household as that term is 51 defined in subdivision one of section 530.11 of this title, the follow- 52 ing factors: 53 (i) any violation by the principal of an order of protection issued by 54 any court for the protection of a member or members of the same family 55 or household as that term is defined in subdivision one of sectionA. 11122 4 1 530.11 of this title, whether or not such order of protection is 2 currently in effect; and 3 (ii) the principal's history of use or possession of a firearm; [and] 4 (h) 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 (i) The nature and seriousness of the danger to any other person or 8 the community that would be posed by the principal's release, if appli- 9 cable. 10 § 5. Paragraphs (a) and (b) of subdivision 1 of section 245.10 of the 11 criminal procedure law, as added by section 2 of part LLL of chapter 59 12 of the laws of 2019, are amended to read as follows: 13 (a) The prosecution shall perform its initial discovery obligations 14 under subdivision one of section 245.20 of this article as soon as prac- 15 ticable but not later than [fifteen] forty-five calendar days after the 16 defendant's arraignment on an indictment, superior court information, 17 prosecutor's information, information, simplified information, misdemea- 18 nor complaint or felony complaint. Portions of materials claimed to be 19 non-discoverable may be withheld pending a determination and ruling of 20 the court under section 245.70 of this article; but the defendant shall 21 be notified in writing that information has not been disclosed under a 22 particular subdivision of such section, and the discoverable portions of 23 such materials shall be disclosed to the extent practicable. When the 24 discoverable materials are exceptionally voluminous or, despite dili- 25 gent, good faith efforts, are otherwise not in the actual possession of 26 the prosecution, the time period in this paragraph may be stayed by up 27 to an additional thirty calendar days without need for a motion pursuant 28 to subdivision two of section 245.70 of this article. 29 (b) The prosecution shall perform its supplemental discovery obli- 30 gations under subdivision three of section 245.20 of this article as 31 soon as practicable but not later than [fifteen] forty-five calendar 32 days prior to the first scheduled trial date. 33 § 6. Section 510.50 of the criminal procedure law, as amended by 34 section 9 of part JJJ of chapter 59 of the laws of 2019, is amended to 35 read as follows: 36 § 510.50 Enforcement of securing order. 37 1. When the attendance of a principal confined in the custody of the 38 sheriff is required at the criminal action or proceeding at a particular 39 time and place, the court may compel such attendance by directing the 40 sheriff to produce the principal at such time and place. If the princi- 41 pal is at liberty on the principal's own recognizance or non-monetary 42 conditions or on bail, the principal's attendance may be achieved or 43 compelled by various methods, including notification and the issuance of 44 a bench warrant, prescribed by law in provisions governing such matters 45 with respect to the particular kind of action or proceeding involved. 46 2. Except when the principal is charged with a new crime while at 47 liberty or when a principal fails to appear for a scheduled court 48 appearance involving a charge of a hate crime as defined in section 49 485.05 of the penal law, absent relevant, credible evidence demonstrat- 50 ing that a principal's failure to appear for a scheduled court appear- 51 ance was willful, the court, prior to issuing a bench warrant for a 52 failure to appear for a scheduled court appearance, shall provide at 53 least forty-eight hours notice to the principal or the principal's coun- 54 sel that the principal is required to appear, in order to give the prin- 55 cipal an opportunity to appear voluntarily.A. 11122 5 1 § 7. Paragraph (a) of subdivision 1 and subdivision 2 of section 2 150.20 of the criminal procedure law, paragraph (a) of subdivision 1 as 3 amended by section 1-a of part JJJ of chapter 59 of the laws of 2019, 4 subdivision 2 as amended by chapter 550 of the laws of 1987, are amended 5 and a new paragraph (c) is added to subdivision 1 to read as follows: 6 (a) Whenever a police officer is authorized pursuant to section 140.10 7 of this title to arrest a person without a warrant for an offense other 8 than a class A, B, C or D felony or a violation of section 130.25, 9 130.40, 205.10, 205.17, 205.19 [or], 215.56 or 265.55 of the penal law, 10 he shall, except as set out in [paragraph] paragraphs (b) and (c) of 11 this subdivision, subject to the provisions of subdivisions three and 12 four of section 150.40 of this title, instead issue to and serve upon 13 such person an appearance ticket. 14 (c) An officer shall not issue an appearance ticket if: 15 (i) the person has a pending case for the same offense within the 16 previous six months; 17 (ii) the person has been convicted of the same offense within the 18 previous two years. 19 2. (a) Whenever a police officer has arrested a person without a 20 warrant for an offense other than a class A, B, C or D felony or a 21 violation of section 130.25, 130.40, 205.10, 205.17, 205.19 [or], 215.56 22 or 265.55 of the penal law pursuant to section 140.10, or (b) whenever a 23 peace officer, who is not authorized by law to issue an appearance tick- 24 et, has arrested a person for an offense other than a class A, B, C or D 25 felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 26 [or], 215.56 or 265.55 of the penal law pursuant to section 140.25, and 27 has requested a police officer to issue and serve upon such arrested 28 person an appearance ticket pursuant to subdivision four of section 29 140.27, or (c) whenever a person has been arrested for an offense other 30 than a class A, B, C or D felony or a violation of section 130.25, 31 130.40, 205.10, 205.17, 205.19 [or], 215.56 or 265.55 of the penal law 32 and has been delivered to the custody of an appropriate police officer 33 pursuant to section 140.40, such police officer may, instead of bringing 34 such person before a local criminal court and promptly filing or causing 35 the arresting peace officer or arresting person to file a local criminal 36 court accusatory instrument therewith, issue to and serve upon such 37 person an appearance ticket. The issuance and service of an appearance 38 ticket under such circumstances may be conditioned upon a deposit of 39 pre-arraignment bail, as provided in section 150.30. 40 § 8. This act shall take effect immediately.
