Bill Text: NY S01505 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2019-2020 state fiscal year; relates to the protection of the personal privacy of public employees (Part E); extends the authorization for public arbitration panels (Part F); creates a class one reassessment exemption in a special assessing unit that is not a city (Part J); extends certain provisions related to opportunities for service-disabled veteran-owned business enterprises (Part L); extends certain provisions relating to expanding the geographic area of employment of certain police officers, prisoner furloughs in certain cases and the crime of absconding therefrom, inmate work release, certain appropriations made by chapter 50 of the laws of 1994 enacting the state operations budget, the incarceration fee, merging the department of correctional services and division of parole into the department of corrections and community supervision, prison and jail housing and alternatives to detention and incarceration programs, the ignition interlock device program, the use of closed-circuit television and other protective measures for certain child witnesses, electronic court appearance in certain counties, enacting the interstate compact for adult offender supervision, limiting the closing of certain correctional facilities, providing for the custody by the department of correctional services of inmates serving definite sentences, providing for custody of federal prisoners and requiring the closing of certain correctional facilities, military funds of the organized militia, providing for community treatment facilities and establishing the crime of absconding from the community treatment facility, pre-criminal proceeding settlements in the city of New York, the psychological testing of correctional candidates, and other provisions relating thereto (Part O); relates to the admissibility of a victim's sexual conduct in a sex offense (Part R); extends the workers' compensation board's authority to resolve medical bill disputes and simplify the process (Part CC); increases certain court fees and increases the amount of such fees which are deposited in the indigent legal services fund (Part DD); authorizes the alienation of certain parklands in the town of Hastings, county of Oswego (Part FF); authorizes the use of centralized services by public authorities and public benefit corporations to acquire energy products as a centralized service from the office of general services; extends certain provisions relating to authorizing the aggregate purchases of energy for state agencies, institutions, local governments, public authorities and public benefit corporations; and amends the effectiveness of certain provisions providing centralized service to political subdivisions and the authority of the commissioner of general services to aggregate purchases of energy for state agencies and political subdivisions (Part GG); increases the maximum contract amount during construction emergencies to $1,500,000 and extends provisions relating to value limitations on contracts to June 30, 2022 (Part HH); removes unnecessary barriers to reentry of people with criminal histories into society; relates to licensing consideration for check cashers (Subpart A); relates to eligibility for serving on a New York city community district education council and city wide council (Subpart B); relates to licensing consideration for bingo suppliers (Subpart C); relates to licensing consideration for notary publics (Subpart D); relates to licensing considerations for suppliers of games of chance, for games of chance licensees, for bingo licensees, and for lessors of premises to bingo licensees (Subpart E); relates to licensing considerations for insurer adjusters and for employment with insurance adjusters (Subpart F); relates to licensing considerations for real estate brokers or real estate salesmen (Subpart G); relates to participation as employer in subsidized employer programs (Subpart H); relates to eligibility for employment by a driver's school (Subpart I); relates to a certificate of relief from a disability and repeals certain provisions of the vehicle and traffic law, relating to mandatory suspension of drivers' licenses for certain offenses (Subpart J); prohibits disclosure of law enforcement booking information and photographs (Subpart K); relates to exclusion of undisposed cases from criminal history record searches (Subpart L); directs the commissioner of the division of criminal justice services to seal certain records of any action or proceeding terminated in favor of the accused or convictions for certain traffic violations; and relates to certain reports of criminal history record searches (Subpart M); prevents employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal (Subpart N); prevents employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal (Subpart O)(Part II); relates to shock incarceration (Part KK); reduces certain sentences of imprisonment for misdemeanors to three hundred sixty-four days (Part OO); restricts forfeiture actions and creates greater accountability for seized assets; creates an asset forfeiture escrow fund; relates to reporting certain demographic information (Part PP); relates to requiring reports on the use of force (Part RR); authorizes the Suffolk county clerk to charge a block fee (Part SS); relates to the closure of correctional facilities; and provides for the repeal of such provisions upon expiration thereof (Part TT); makes provisions permanent relating to notice of foreclosure and mandatory settlement conferences in residential foreclosure actions (Part VV); includes felony drug offender sentences as eligible for a reduced sentence in certain circumstances where such offender was a victim of domestic violence (Part WW); authorizes computer generated registration lists; relates to the list of supplies to be delivered to poll sites (Part XX); relates to time allowed for employees to vote (Part YY); requires the establishment and regular updating of a model law enforcement use of force policy suitable for adoption by any agency that employs police or peace officers (Part ZZ); prohibits certain loans to be made to candidates or political committees (Part AAA); provides uniform polling hours during primary elections (Part BBB); establishes the voter enfranchisement modernization act (Part CCC).
Spectrum: Committee Bill
Status: (Passed) 2019-04-12 - SIGNED CHAP.55 [S01505 Detail]
Download: New_York-2019-S01505-Introduced.html
Bill Title: Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2019-2020 state fiscal year; relates to the protection of the personal privacy of public employees (Part E); extends the authorization for public arbitration panels (Part F); creates a class one reassessment exemption in a special assessing unit that is not a city (Part J); extends certain provisions related to opportunities for service-disabled veteran-owned business enterprises (Part L); extends certain provisions relating to expanding the geographic area of employment of certain police officers, prisoner furloughs in certain cases and the crime of absconding therefrom, inmate work release, certain appropriations made by chapter 50 of the laws of 1994 enacting the state operations budget, the incarceration fee, merging the department of correctional services and division of parole into the department of corrections and community supervision, prison and jail housing and alternatives to detention and incarceration programs, the ignition interlock device program, the use of closed-circuit television and other protective measures for certain child witnesses, electronic court appearance in certain counties, enacting the interstate compact for adult offender supervision, limiting the closing of certain correctional facilities, providing for the custody by the department of correctional services of inmates serving definite sentences, providing for custody of federal prisoners and requiring the closing of certain correctional facilities, military funds of the organized militia, providing for community treatment facilities and establishing the crime of absconding from the community treatment facility, pre-criminal proceeding settlements in the city of New York, the psychological testing of correctional candidates, and other provisions relating thereto (Part O); relates to the admissibility of a victim's sexual conduct in a sex offense (Part R); extends the workers' compensation board's authority to resolve medical bill disputes and simplify the process (Part CC); increases certain court fees and increases the amount of such fees which are deposited in the indigent legal services fund (Part DD); authorizes the alienation of certain parklands in the town of Hastings, county of Oswego (Part FF); authorizes the use of centralized services by public authorities and public benefit corporations to acquire energy products as a centralized service from the office of general services; extends certain provisions relating to authorizing the aggregate purchases of energy for state agencies, institutions, local governments, public authorities and public benefit corporations; and amends the effectiveness of certain provisions providing centralized service to political subdivisions and the authority of the commissioner of general services to aggregate purchases of energy for state agencies and political subdivisions (Part GG); increases the maximum contract amount during construction emergencies to $1,500,000 and extends provisions relating to value limitations on contracts to June 30, 2022 (Part HH); removes unnecessary barriers to reentry of people with criminal histories into society; relates to licensing consideration for check cashers (Subpart A); relates to eligibility for serving on a New York city community district education council and city wide council (Subpart B); relates to licensing consideration for bingo suppliers (Subpart C); relates to licensing consideration for notary publics (Subpart D); relates to licensing considerations for suppliers of games of chance, for games of chance licensees, for bingo licensees, and for lessors of premises to bingo licensees (Subpart E); relates to licensing considerations for insurer adjusters and for employment with insurance adjusters (Subpart F); relates to licensing considerations for real estate brokers or real estate salesmen (Subpart G); relates to participation as employer in subsidized employer programs (Subpart H); relates to eligibility for employment by a driver's school (Subpart I); relates to a certificate of relief from a disability and repeals certain provisions of the vehicle and traffic law, relating to mandatory suspension of drivers' licenses for certain offenses (Subpart J); prohibits disclosure of law enforcement booking information and photographs (Subpart K); relates to exclusion of undisposed cases from criminal history record searches (Subpart L); directs the commissioner of the division of criminal justice services to seal certain records of any action or proceeding terminated in favor of the accused or convictions for certain traffic violations; and relates to certain reports of criminal history record searches (Subpart M); prevents employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal (Subpart N); prevents employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal (Subpart O)(Part II); relates to shock incarceration (Part KK); reduces certain sentences of imprisonment for misdemeanors to three hundred sixty-four days (Part OO); restricts forfeiture actions and creates greater accountability for seized assets; creates an asset forfeiture escrow fund; relates to reporting certain demographic information (Part PP); relates to requiring reports on the use of force (Part RR); authorizes the Suffolk county clerk to charge a block fee (Part SS); relates to the closure of correctional facilities; and provides for the repeal of such provisions upon expiration thereof (Part TT); makes provisions permanent relating to notice of foreclosure and mandatory settlement conferences in residential foreclosure actions (Part VV); includes felony drug offender sentences as eligible for a reduced sentence in certain circumstances where such offender was a victim of domestic violence (Part WW); authorizes computer generated registration lists; relates to the list of supplies to be delivered to poll sites (Part XX); relates to time allowed for employees to vote (Part YY); requires the establishment and regular updating of a model law enforcement use of force policy suitable for adoption by any agency that employs police or peace officers (Part ZZ); prohibits certain loans to be made to candidates or political committees (Part AAA); provides uniform polling hours during primary elections (Part BBB); establishes the voter enfranchisement modernization act (Part CCC).
Spectrum: Committee Bill
Status: (Passed) 2019-04-12 - SIGNED CHAP.55 [S01505 Detail]
Download: New_York-2019-S01505-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 1505 A. 2005 SENATE - ASSEMBLY January 18, 2019 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend the civil service law, in relation to the state's contribution to the cost of health insurance premium for future reti- rees of the state and their dependents (Part A); to amend the civil service law, in relation to reimbursement for medicare premium charges (Part B); to amend the civil service law, in relation to capping the standard medicare premium charge (Part C); to amend the civil practice law and rules and the state finance law, in relation to the rate of interest to be paid on judgment and accrued claims (Part D); to amend the civil service law, in relation to protection of the personal privacy of public employees (Part E); to amend the civil service law, in relation to the expiration of public arbitration panels (Part F); to amend chapter 97 of the laws of 2011, amending the general munici- pal law and the education law relating to establishing limits upon school district and local government tax levies, in relation to making the tax cap permanent (Part G); to amend chapter 123 of the laws of 2014, amending the vehicle and traffic law, the general municipal law, and the public officers law relating to owner liability for failure of operator to comply with traffic-control indications, in relation to extending the provisions thereof; to amend chapter 101 of the laws of 2014, amending the vehicle and traffic law, the general municipal law, and the public officers law relating to owner liability for failure of operator to comply with traffic-control indications in the city of Mt. Vernon, in relation to extending the effectiveness thereof; to amend chapter 19 of the laws of 2009, amending the vehicle and traffic law and other laws relating to adjudications and owner liability for a violation of traffic-control signal indications, in relation to extending the provisions of such chapter; to amend chapter 99 of the laws of 2014, amending the vehicle and traffic law, the general munic- ipal law, and the public officers law relating to owner liability for failure of operator to comply with traffic-control indications in the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12570-01-9S. 1505 2 A. 2005 city of New Rochelle, in relation to extending the effectiveness ther- eof; to amend chapter 746 of the laws of 1988, amending the vehicle and traffic law, the general municipal law and the public officers law relating to the civil liability of vehicle owners for traffic control signal violations, in relation to extending the effectiveness thereof; to amend local law number 46 of the city of New York for the year 1989, amending the administrative code of the city of New York relat- ing to civil liability of vehicle owners for traffic control signal violations, in relation to extending the effectiveness thereof; to amend chapter 23 of the laws of 2009, amending the vehicle and traffic law and the public officers law relating to adjudications and owner liability for a violation of traffic-control signal indications, in relation to extending the provisions of such chapter; to amend chapter 222 of the laws of 2015, amending the vehicle and traffic law, the general municipal law, and the public officers law relating to owner liability for failure of an operator to comply with traffic-control indications in the city of White Plains, in relation to extending the provisions of such chapter; and to amend chapter 20 of the laws of 2009, amending the vehicle and traffic law, the general municipal law, and the public officers law, relating to owner liability for failure of operator to comply with traffic control indications, in relation to extending the provisions thereof (Part H); to amend the state finance law, in relation to base level grants for per capita state aid for the support of local government (Part I); to amend the real property tax law, in relation to a class one reassessment exemption in a special assessing unit that is not a city (Part J); to provide for the admin- istration of certain funds and accounts related to the 2019-20 budget, authorizing certain payments and transfers; to amend the state finance law, in relation to the school tax relief fund; to amend the state finance law, in relation to payments, transfers and deposits; to amend the state finance law, in relation to reductions in enacted appropri- ations; to amend chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, in relation to the issu- ance of certain bonds or notes; to amend part D of chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of certain bonds or notes; to amend the private hous- ing finance law, in relation to the issuance of bonds or notes; to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the issuance of certain bonds or notes; to amend the public authorities law, in relation to the issu- ance of certain bonds or notes; to amend part Y of chapter 61 of the laws of 2005, relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to the issuance of certain bonds or notes; to amend part X of chapter 59 of the laws of 2004, authorizing the New York state urban development corporation and the dormitory authority of the state of New York to issue bonds or notes, in relation to the issuance of such bonds or notes; to amend part K of chapter 81 of the laws of 2002, relating to providing for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to the issuance of certain bonds or notes; to amend chapter 392 of the laws of 1973, constituting the New York state medical care facilities finance agency act, in relation to the issuance of certain bonds or notes; to amend chapter 359 of the laws of 1968, constituting the facilities development corporation act,S. 1505 3 A. 2005 in relation to the mental hygiene facilities improvement fund income account; and to amend the state finance law, in relation to mental health services fund; and providing for the repeal of certain provisions upon expiration thereof (Part K); to amend chapter 22 of the laws of 2014, relating to expanding opportunities for service-dis- abled veteran-owned business enterprises, in relation to extending the provisions thereof (Part L); to amend the workers' compensation law, in relation to the investment of surplus funds of the state insurance fund (Part M); to amend the workers' compensation law, in relation to the right to cancel an insurance policy for failure by an employer to cooperate with a payroll audit and to the collection of premiums in case of default (Part N); to amend chapter 887 of the laws of 1983, amending the correction law relating to the psychological testing of candidates, in relation to the effectiveness thereof; to amend chapter 428 of the laws of 1999, amending the executive law and the criminal procedure law relating to expanding the geographic area of employment of certain police officers, in relation to extending the expiration of such chapter; to amend chapter 886 of the laws of 1972, amending the correction law and the penal law relating to prisoner furloughs in certain cases and the crime of absconding therefrom, in relation to the effectiveness thereof; to amend chapter 261 of the laws of 1987, amending chapters 50, 53 and 54 of the laws of 1987, the correction law, the penal law and other chapters and laws relating to correction- al facilities, in relation to the effectiveness thereof; to amend chapter 55 of the laws of 1992, amending the tax law and other laws relating to taxes, surcharges, fees and funding, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 339 of the laws of 1972, amending the correction law and the penal law relating to inmate work release, furlough and leave, in relation to the effectiveness thereof; to amend chapter 60 of the laws of 1994 relating to certain provisions which impact upon expenditure of certain appropriations made by chapter 50 of the laws of 1994 enacting the state operations budget, in relation to the effectiveness thereof; to amend chapter 3 of the laws of 1995, amending the correction law and other laws relating to the incarceration fee, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 62 of the laws of 2011, amending the correction law and the executive law relating to merging the depart- ment of correctional services and division of parole into the depart- ment of corrections and community supervision, in relation to the effectiveness thereof; to amend chapter 907 of the laws of 1984, amending the correction law, the New York city criminal court act and the executive law relating to prison and jail housing and alternatives to detention and incarceration programs, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 166 of the laws of 1991, amending the tax law and other laws relating to taxes, in relation to extending the expiration of certain provisions of such chapter; to amend the vehicle and traffic law, in relation to extending the expiration of the mandatory surcharge and victim assist- ance fee; to amend chapter 713 of the laws of 1988, amending the vehi- cle and traffic law relating to the ignition interlock device program, in relation to extending the expiration thereof; to amend chapter 435 of the laws of 1997, amending the military law and other laws relating to various provisions, in relation to extending the expiration date of the merit provisions of the correction law and the penal law of such chapter; to amend chapter 412 of the laws of 1999, amending the civilS. 1505 4 A. 2005 practice law and rules and the court of claims act relating to prison- er litigation reform, in relation to extending the expiration of the inmate filing fee provisions of the civil practice law and rules and general filing fee provision and inmate property claims exhaustion requirement of the court of claims act of such chapter; to amend chap- ter 222 of the laws of 1994 constituting the family protection and domestic violence intervention act of 1994, in relation to extending the expiration of certain provisions of the criminal procedure law requiring the arrest of certain persons engaged in family violence; to amend chapter 505 of the laws of 1985, amending the criminal procedure law relating to the use of closed-circuit television and other protec- tive measures for certain child witnesses, in relation to extending the expiration of the provisions thereof; to amend chapter 3 of the laws of 1995, enacting the sentencing reform act of 1995, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 689 of the laws of 1993 amending the criminal procedure law relating to electronic court appearance in certain counties, in relation to extending the expiration thereof; to amend chapter 688 of the laws of 2003, amending the executive law relating to enacting the interstate compact for adult offender supervision, in relation to the effectiveness thereof; to amend chapter 56 of the laws of 2009, amend- ing the correction law relating to limiting the closing of certain correctional facilities, providing for the custody by the department of correctional services of inmates serving definite sentences, providing for custody of federal prisoners and requiring the closing of certain correctional facilities, in relation to the effectiveness of such chapter; to amend chapter 152 of the laws of 2001 amending the military law relating to military funds of the organized militia, in relation to the effectiveness thereof; to amend chapter 554 of the laws of 1986, amending the correction law and the penal law relating to providing for community treatment facilities and establishing the crime of absconding from the community treatment facility, in relation to the effectiveness thereof; and to amend chapter 55 of the laws of 2018 amending the criminal procedure law relating to pre-criminal proceeding settlements in the city of New York, in relation to the effectiveness thereof (Part O); to amend the criminal procedure law, in relation to the statute of limitations in criminal prosecution of a sexual offense committed against a child; to amend the civil practice law and rules, in relation to the statute of limitations for civil actions related to a sexual offense committed against a child, and granting trial preference to such actions; to amend the general munic- ipal law, in relation to providing that the notice of claim provisions shall not apply to such actions; to amend the court of claims act, in relation to providing that the notice of intention to file provisions shall not apply to such actions; to amend the education law, in relation to providing that the notice of claim provisions shall not apply to such actions; and to amend the judiciary law, in relation to judicial training relating to sexual abuse of minors and rules reviv- ing civil actions relating to sexual offenses committed against chil- dren (Part P); to amend the penal law, in relation to prohibiting a sexual orientation panic defense (Part Q); to amend the criminal procedure law, in relation to admissibility of a victim's sexual conduct in a sex offense (Part R); to amend the penal law, the crimi- nal procedure law, the family court act and the civil rights law, in relation to establishing the crime of unlawful dissemination or publi- cation of an intimate image (Part S); to amend the criminal procedureS. 1505 5 A. 2005 law, in relation to the statute of limitations for rape in the second degree and rape in the third degree (Part T); to amend the penal law and the criminal procedure law, in relation to sentencing and resen- tencing in domestic violence cases (Part U); to amend the penal law, in relation to assault on a journalist (Part V); to amend the penal law and the criminal procedure law, in relation to eliminating the imposition of the death penalty; and to repeal certain provisions of the criminal procedure law, the judiciary law, the county law, the correction law and the executive law relating to the imposition of the death penalty (Part W); to amend the penal law, in relation to prohib- iting the possession, manufacture, transport and disposition of rapid-fire modification devices (Part X); to amend the penal law and the general business law, in relation to establishing a waiting period before a firearm, shotgun or rifle may be delivered to a person (Part Y); to amend the civil practice law and rules and the penal law, in relation to establishing extreme risk protection orders as court-is- sued orders of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun (Part Z); to amend the criminal procedure law and the judici- ary law, in relation to the issuance of securing orders; and to repeal certain provisions of the criminal procedure law and the insurance law relating thereto (Subpart A); to amend the criminal procedure law and the penal law, in relation to discovery reform and intimidating or tampering with a victim or witness; and to repeal certain provisions of the criminal procedure law relating thereto (Subpart B); and to amend the criminal procedure law, in relation to a waiver and time limits for a speedy trial (Subpart C) (Part AA); to amend the public officers law, the civil practice law and rules and the executive law, in relation to the freedom of information law; and to repeal section 88 of the public officers law, section 70-0113 of the environmental conservation law and subdivision 4 of section 308 of the county law relating thereto (Part BB); to amend the workers' compensation law, in relation to extending the board's authority to resolve medical bill disputes and simplify the process (Part CC); to amend section 14 of part J of chapter 62 of the laws of 2003, amending the county law and other laws relating to fees collected, in relation to certain fees collected by the office of court administration; and to amend the judiciary law, in relation to the biennial registration fee for attor- neys (Part DD); to amend the criminal procedure law, in relation to grand jury procedures (Part EE); authorizing the alienation of certain parklands in the town of Hastings, county of Oswego (Part FF); to amend the state finance law, in relation to authorizing use of centralized services by public authorities and public benefit corpo- rations to acquire energy products as centralized services from the office of general services; to amend chapter 410 of the laws of 2009, amending the state finance law relating to authorizing the aggregate purchases of energy for state agencies, institutions, local govern- ments, public authorities and public benefit corporations, in relation to the effectiveness thereof; and to amend part C of chapter 97 of the laws of 2011, amending the state finance law and other laws relating to providing certain centralized service to political subdivisions and extending the authority of the commissioner of general services to aggregate purchases of energy for state agencies and political subdi- visions, in relation to the effectiveness thereof (Part GG); to amend the public buildings law, in relation to increasing the maximum contract amount during construction emergencies; and to amend chapterS. 1505 6 A. 2005 674 of the laws of 1993, amending the public buildings law relating to value limitations on contracts, in relation to making such provisions permanent (Part HH); to amend the banking law, in relation to licens- ing considerations for check cashers (Subpart A); to amend the educa- tion law, in relation to eligibility for serving on a New York city community district education council and city-wide council (Subpart B); to amend the executive law, in relation to licensing consider- ations for bingo suppliers (Subpart C); to amend the executive law, in relation to licensing considerations for notary publics (Subpart D); to amend the general municipal law, in relation to licensing consider- ations for suppliers of games of chance, for games of chance licen- sees, for bingo licensees, and for lessors of premises to bingo licen- sees (Subpart E); to amend the insurance law, in relation to licensing considerations for insurer adjusters and for employment with insurance adjusters; and to repeal certain provisions of such law relating ther- eto (Subpart F); to amend the real property law, in relation to licensing considerations for real estate brokers or real estate sales- men (Subpart G); to amend the social services law, in relation to participation as employer in subsidized employer programs (Subpart H); to amend the vehicle and traffic law, in relation to eligibility for employment by a driver's school (Subpart I); to repeal certain provisions of the vehicle and traffic law, relating to mandatory suspension of drivers' licenses for certain offenses (Subpart J); to amend the public officers law, in relation to prohibiting disclosure of law enforcement booking information and photographs (Subpart K); to amend the executive law and the judiciary law, in relation to exclu- sion of undisposed cases from criminal history record searches (Subpart L); directs the commissioner of the division of criminal justice services to seal certain records of any action or proceeding terminated in favor of the accused or convictions for certain traffic violations (Subpart M); to amend the executive law and the judiciary law, in relation to preventing employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal (Subpart N); to amend the executive law, in relation to preventing employment discrimination against persons whose criminal charges have been adjourned in contemplation of dismissal (Subpart O); and to amend the executive law, in relation to release on compassion- ate parole for inmates affected by age-related disability (Subpart P) (Part II); to amend the correction law, in relation to segregated confinement (Part JJ); to amend the penal law and the correction law, in relation to shock incarceration (Part KK); to amend the civil service law, in relation to establishing continuing eligible lists (Part LL); to amend the civil service law, in relation to promotional examination eligibility (Part MM); to amend the civil service law, in relation to salary protection to incumbents (Part NN); to amend the penal law, in relation to reducing certain sentences of imprisonment for misdemeanors to three hundred sixty-four days (Part OO); to amend the civil practice law and rules, the county law and the general municipal law, in relation to restricting forfeiture actions and creating greater accountability for seized assets; and to amend the criminal procedure law and the penal law, in relation to reporting certain demographic data (Part PP); to amend the family court act, in relation to establishing the child-parent security act; and to repeal section 73 and article 8 of the domestic relations law, relating to artificial insemination and surrogate parenting contracts (Part QQ); and to amend the executive law, in relation to creating an office ofS. 1505 7 A. 2005 special investigation within the department of law, requiring reports on the discharge of a firearm, and requiring the establishment of a model law enforcement use of force policy (Part RR) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 which are necessary to implement the state fiscal plan for the 2019-2020 3 state fiscal year. Each component is wholly contained within a Part 4 identified as Parts A through RR. The effective date for each particular 5 provision contained within such Part is set forth in the last section of 6 such Part. Any provision in any section contained within a Part, includ- 7 ing the effective date of the Part, which makes reference to a section 8 "of this act", when used in connection with that particular component, 9 shall be deemed to mean and refer to the corresponding section of the 10 Part in which it is found. Section three of this act sets forth the 11 general effective date of this act. 12 PART A 13 Section 1. Section 167 of the civil service law is amended by adding a 14 new subdivision 10 to read as follows: 15 10. Notwithstanding any inconsistent provision of law, the state's 16 contribution for the cost of premium or subscription charges for the 17 coverage of retired state employees who are enrolled in the statewide 18 and the supplementary health benefit plans established pursuant to this 19 article and who are hired on or after April first, two thousand nineteen 20 shall be as set forth in this subdivision. 21 (a) For state employees who retire from a position at or equated to 22 grade ten or higher with at least ten but less than twenty years of 23 service, the state shall pay fifty percent of the cost of premium or 24 subscription charges for the individual coverage of such retired state 25 employees. Such contributions shall increase by two percent of the cost 26 of premium or subscription charges for each year of service in excess of 27 ten years, to a maximum of sixty-eight percent of the cost of premium or 28 subscription charges. For state employees who retire from a position at 29 or equated to grade ten or higher with twenty or more years of service, 30 the state shall pay seventy-four percent of the cost of premium or 31 subscription charges for the individual coverage of such retired state 32 employees. Such contributions shall increase by one percent of the cost 33 of premium or subscription charges for each year of service in excess of 34 twenty years, to a maximum of eighty-four percent of the cost of premium 35 or subscription charges. 36 (b) For state employees who retire from a position at or equated to 37 grade nine or lower with at least ten but less than twenty years of 38 service, the state shall pay fifty-four percent of the cost of premium 39 or subscription charges for the individual coverage of such retired 40 state employees. Such contributions shall increase by two percent of the 41 cost of premium or subscription charges for each year of service in 42 excess of ten years, to a maximum of seventy-two percent of the cost of 43 premium or subscription charges. For state employees who retire from a 44 position at or equated to grade nine or lower with twenty or more years 45 of service, the state shall pay seventy-eight percent of the cost of 46 premium or subscription charges for the individual coverage of suchS. 1505 8 A. 2005 1 retired state employees. Such contributions shall increase by one 2 percent of the cost of premium or subscription charges for each year of 3 service in excess of twenty years, to a maximum of eighty-eight percent 4 of the cost of premium or subscription charges. 5 (c) For state employees who retire from a position at or equated to 6 grade ten or higher with at least ten but less than twenty years of 7 service, the state shall pay thirty-five percent of the cost of premium 8 or subscription charges for the coverage of dependents of such retired 9 state employees; such contribution shall increase by two percent of the 10 cost of premium or subscription charges for each year of service in 11 excess of ten years, to a maximum of fifty-three percent of the cost of 12 premium or subscription charges for such dependents. For state employees 13 who retire from a position at or equated to grade ten or higher with 14 twenty or more years of service, the state shall pay fifty-nine percent 15 of the cost of premium or subscription charges for the coverage of 16 dependents of such retired state employees; such contribution shall 17 increase by one percent of the cost of premium or subscription charges 18 for each year of service in excess of twenty years, to a maximum of 19 sixty-nine percent of the cost of premium or subscription charges for 20 such dependents. 21 (d) For state employees who retire from a position at or equated to 22 grade nine or lower with at least ten but less than twenty years of 23 service, the state shall pay thirty-nine percent of the cost of premium 24 or subscription charges for the coverage of dependents of such retired 25 state employees; such contribution shall increase by two percent of the 26 cost of premium or subscription charges for each year of service in 27 excess of ten years, to a maximum of fifty-seven percent of the cost of 28 premium or subscription charges for such dependents. For state employees 29 who retire from a position at or equated to grade nine or lower with 30 twenty or more years of service, the state shall pay sixty-three percent 31 of the cost of premium or subscription charges for the coverage of 32 dependents of such retired state employees; such contribution shall 33 increase by one percent of the cost of premium or subscription charges 34 for each year of service in excess of twenty years, to a maximum of 35 seventy-three percent of the cost of premium or subscription charges for 36 such dependents. 37 (e) With respect to all such retired state employees, each increment 38 of one or two percent of the cost of premium or subscription charges for 39 each year of service shall be applicable for whole years of service to 40 the state and shall not be applied on a pro-rata basis for partial years 41 of service. 42 (f) The provisions of this subdivision shall not be applicable to: 43 (1) Members of the New York state and local police and fire retirement 44 system; 45 (2) Members in the uniformed personnel in institutions under the 46 jurisdiction of the state department of corrections and community super- 47 vision or who are security hospital treatment assistants, as defined in 48 section eighty-nine of the retirement and social security law; and 49 (3) Any state employee determined to have retired with an ordinary, 50 accidental, or performance of duty disability retirement benefit. 51 (g) For the purposes of determining the cost of premium or 52 subscription charges to be paid by the state on behalf of retired state 53 employees enrolled in the New York state health insurance program who 54 are hired on or after April first, two thousand nineteen, the state 55 shall consider all years of service that a retired state employee has 56 accrued in a public retirement system of the state or an optionalS. 1505 9 A. 2005 1 retirement program established pursuant to article three, eight-B, or 2 one hundred twenty-five-A of the education law. The provisions of this 3 paragraph may not be used to grant eligibility for retiree state health 4 insurance coverage to a retiree who is not otherwise eligible to enroll 5 in the New York state health insurance program as a retiree. 6 § 2. This act shall take effect April 1, 2019. 7 PART B 8 Section 1. Section 167-a of the civil service law, as amended by 9 section 1 of part I of chapter 55 of the laws of 2012, is amended to 10 read as follows: 11 § 167-a. Reimbursement for medicare premium charges. Upon exclusion 12 from the coverage of the health benefit plan of supplementary medical 13 insurance benefits for which an active or retired employee or a depend- 14 ent covered by the health benefit plan is or would be eligible under the 15 federal old-age, survivors and disability insurance program, an amount 16 equal to the standard medicare premium charge for such supplementary 17 medical insurance benefits for such active or retired employee and his 18 or her dependents, if any, shall be paid monthly or at other intervals 19 to such active or retired employee from the health insurance fund. 20 Furthermore, effective January first, two thousand twenty there shall be 21 no payment whatsoever for the income related monthly adjustment amount 22 for amounts (premiums) incurred on or after January first, two thousand 23 nineteen to any active or retired employee and his or her dependents, if 24 any. Where appropriate, such standard medicare premium amount may be 25 deducted from contributions payable by the employee or retired employee; 26 or where appropriate in the case of a retired employee receiving a 27 retirement allowance, such standard medicare premium amount may be 28 included with payments of his or her retirement allowance. All state 29 employer, employee, retired employee and dependent contributions to the 30 health insurance fund, including contributions from public authorities, 31 public benefit corporations or other quasi-public organizations of the 32 state eligible for participation in the health benefit plan as author- 33 ized by subdivision two of section one hundred sixty-three of this arti- 34 cle, shall be adjusted as necessary to cover the cost of reimbursing 35 federal old-age, survivors and disability insurance program premium 36 charges under this section. This cost shall be included in the calcu- 37 lation of premium or subscription charges for health coverage provided 38 to employees and retired employees of the state, public authorities, 39 public benefit corporations or other quasi-public organizations of the 40 state; provided, however, the state, public authorities, public benefit 41 corporations or other quasi-public organizations of the state shall 42 remain obligated to pay no less than its share of such increased cost 43 consistent with its share of premium or subscription charges provided 44 for by this article. All other employer contributions to the health 45 insurance fund shall be adjusted as necessary to provide for such 46 payments. 47 § 2. This act shall take effect immediately and shall apply on January 48 1, 2019 for the income related monthly adjustment amount for amounts, 49 premiums, incurred on or after January 1, 2019. 50 PART CS. 1505 10 A. 2005 1 Section 1. Section 167-a of the civil service law, as amended by 2 section 1 of part I of chapter 55 of the laws of 2012, is amended to 3 read as follows: 4 § 167-a. Reimbursement for medicare premium charges. Upon exclusion 5 from the coverage of the health benefit plan of supplementary medical 6 insurance benefits for which an active or retired employee or a depend- 7 ent covered by the health benefit plan is or would be eligible under the 8 federal old-age, survivors and disability insurance program, an amount 9 equal to the standard medicare premium charge for such supplementary 10 medical insurance benefits for such active or retired employee and his 11 or her dependents, if any, shall be paid monthly or at other intervals 12 to such active or retired employee from the health insurance fund; 13 provided, however, such payment for the standard medicare premium charge 14 shall not exceed one hundred thirty-five dollars and fifty cents per 15 month. Where appropriate, such standard medicare premium amount may be 16 deducted from contributions payable by the employee or retired employee; 17 or where appropriate in the case of a retired employee receiving a 18 retirement allowance, such standard medicare premium amount may be 19 included with payments of his or her retirement allowance. All state 20 employer, employee, retired employee and dependent contributions to the 21 health insurance fund, including contributions from public authorities, 22 public benefit corporations or other quasi-public organizations of the 23 state eligible for participation in the health benefit plan as author- 24 ized by subdivision two of section one hundred sixty-three of this arti- 25 cle, shall be adjusted as necessary to cover the cost of reimbursing 26 federal old-age, survivors and disability insurance program premium 27 charges under this section. This cost shall be included in the calcu- 28 lation of premium or subscription charges for health coverage provided 29 to employees and retired employees of the state, public authorities, 30 public benefit corporations or other quasi-public organizations of the 31 state; provided, however, the state, public authorities, public benefit 32 corporations or other quasi-public organizations of the state shall 33 remain obligated to pay no less than its share of such increased cost 34 consistent with its share of premium or subscription charges provided 35 for by this article. All other employer contributions to the health 36 insurance fund shall be adjusted as necessary to provide for such 37 payments. 38 § 2. This act shall take effect immediately and shall apply to the 39 standard medicare premium amount on and after April 1, 2019. 40 PART D 41 Section 1. Section 5004 of the civil practice law and rules, as 42 amended by chapter 258 of the laws of 1981, is amended to read as 43 follows: 44 § 5004. Rate of interest. [Interest shall be at the rate of nine per45centum per annum, except where otherwise provided by statute.] Notwith- 46 standing any other provision of law or regulation to the contrary, 47 including any law or regulation that limits the annual rate of interest 48 to be paid on a judgment or accrued claim, the annual rate of interest 49 to be paid on a judgment or accrued claim shall be calculated at the 50 one-year United States treasury bill rate. For the purposes of this 51 section, the "one-year United States treasury bill rate" means the week- 52 ly average one-year constant maturity treasury yield, as published by 53 the board of governors of the federal reserve system, for the calendar 54 week preceding the date of the entry of the judgment awarding damages.S. 1505 11 A. 2005 1 Provided however, that this section shall not apply to any provision of 2 the tax law which provides for the annual rate of interest to be paid on 3 a judgment or accrued claim. 4 § 2. Section 16 of the state finance law, as amended by chapter 681 of 5 the laws of 1982, is amended to read as follows: 6 § 16. Rate of interest on judgments and accrued claims against the 7 state. The rate of interest to be paid by the state upon any judgment 8 or accrued claim against the state shall [not exceed nine per centum per9annum] be calculated at the one-year United States treasury bill rate. 10 For the purposes of this section, the "one-year United States treasury 11 bill rate" means the weekly average one-year constant maturity treasury 12 yield, as published by the board of governors of the federal reserve 13 system, for the calendar week preceding the date of the entry of the 14 judgment awarding damages. Provided however, that this section shall not 15 apply to any provision of the tax law which provides for the annual rate 16 of interest to be paid on a judgment or accrued claim. 17 § 3. This act shall take effect immediately, and shall be deemed to 18 have been in full force and effect on and after April 1, 2019. 19 PART E 20 Section 1. Paragraphs (f) and (g) of subdivision 1 of section 209-a of 21 the civil service law, as amended by chapter 244 of the laws of 2007, 22 are amended to read as follows: 23 (f) to utilize any state funds appropriated for any purpose to train 24 managers, supervisors or other administrative personnel regarding meth- 25 ods to discourage union organization or to discourage an employee from 26 participating in a union organizing drive; [or] (g) to fail to permit or 27 refuse to afford a public employee the right, upon the employee's 28 demand, to representation by a representative of the employee organiza- 29 tion, or the designee of such organization, which has been certified or 30 recognized under this article when at the time of questioning by the 31 employer of such employee it reasonably appears that he or she may be 32 the subject of a potential disciplinary action. If representation is 33 requested, and the employee is a potential target of disciplinary action 34 at the time of questioning, a reasonable period of time shall be 35 afforded to the employee to obtain such representation. It shall be an 36 affirmative defense to any improper practice charge under paragraph (g) 37 of this subdivision that the employee has the right, pursuant to stat- 38 ute, interest arbitration award, collectively negotiated agreement, 39 policy or practice, to present to a hearing officer or arbitrator 40 evidence of the employer's failure to provide representation and to 41 obtain exclusion of the resulting evidence upon demonstration of such 42 failure. Nothing in this section shall grant an employee any right to 43 representation by the representative of an employee organization in any 44 criminal investigation; or (h) to disclose home addresses, personal 45 telephone numbers, personal cell phone numbers, personal e-mail 46 addresses of a public employee, as the term "public employee" is defined 47 in subdivision seven of section two hundred one of this article, except 48 (i) where required pursuant to the provisions of this article, and (ii) 49 to the extent compelled to do so by lawful service of process, subpoena, 50 court order, or as otherwise required by law. This paragraph shall not 51 prohibit other provisions of law regarding work-related, publicly avail- 52 able information such as title, salary, and dates of employment. 53 § 2. Subdivision 1 of section 208 of the civil service law is amended 54 by adding a new paragraph (d) to read as follows:S. 1505 12 A. 2005 1 (d) Unless otherwise specified by a collective bargaining agreement, 2 upon the request of the employee organization, not more than quarterly, 3 the employer shall provide the employee organization the name, address, 4 job title, employing agency or department or other operating unit and 5 work location of all employees of a bargaining unit. 6 § 3. This act shall take effect immediately. 7 PART F 8 Section 1. Paragraph (d) of subdivision 4 of section 209 of the civil 9 service law, as amended by section 1 of part L of chapter 57 of the laws 10 of 2016, is amended to read as follows: 11 (d) The provisions of this subdivision shall expire July first, two 12 thousand [nineteen] twenty-four. 13 § 2. Paragraph (f) of subdivision 6 of section 209 of the civil 14 service law, as amended by section 2 of part L of chapter 57 of the laws 15 of 2016, is amended to read as follows: 16 (f) The provisions of this subdivision shall expire July first, two 17 thousand [nineteen] twenty-four. 18 § 3. This act shall take effect immediately. 19 PART G 20 Section 1. Section 13 of part A of chapter 97 of the laws of 2011, 21 amending the general municipal law and the education law relating to 22 establishing limits upon school district and local government tax 23 levies, as amended by section 18 of part A of chapter 20 of the laws of 24 2015, is amended to read as follows: 25 § 13. This act shall take effect immediately[; provided, however, that26sections two through eleven of this act shall take effect July 1, 201127and shall first apply to school district budgets and the budget adoption28process for the 2012-13 school year; and shall continue to apply to29school district budgets and the budget adoption process for any school30year beginning in any calendar year during which this act is in effect;31provided further, that if section 26 of part A of chapter 58 of the laws32of 2011 shall not have taken effect on or before such date then section33ten of this act shall take effect on the same date and in the same34manner as such chapter of the laws of 2011, takes effect; provided35further, that section one of this act shall first apply to the levy of36taxes by local governments for the fiscal year that begins in 2012 and37shall continue to apply to the levy of taxes by local governments for38any fiscal year beginning in any calendar year during which this act is39in effect; provided, further, that this act shall remain in full force40and effect at a minimum until and including June 15, 2020 and shall41remain in effect thereafter only so long as the public emergency requir-42ing the regulation and control of residential rents and evictions and43all such laws providing for such regulation and control continue as44provided in subdivision 3 of section 1 of the local emergency rent45control act, sections 26-501, 26-502 and 26-520 of the administrative46code of the city of New York, section 17 of chapter 576 of the laws of471974 and subdivision 2 of section 1 of chapter 274 of the laws of 194648constituting the emergency housing rent control law, and section 10 of49chapter 555 of the laws of 1982, amending the general business law and50the administrative code of the city of New York relating to conversions51of residential property to cooperative or condominium ownership in theS. 1505 13 A. 2005 1city of New York as such laws are continued by chapter 93 of the laws of22011 and as such sections are amended from time to time]. 3 § 2. This act shall take effect immediately. 4 PART H 5 Section 1. The opening paragraph of section 15 of chapter 123 of the 6 laws of 2014, amending the vehicle and traffic law, the general munici- 7 pal law, and the public officers law relating to owner liability for 8 failure of an operator to comply with traffic-control indications, is 9 amended to read as follows: 10 This act shall take effect on the thirtieth day after it shall have 11 become a law and shall expire [5 years after such effective date when12upon such date the provisions of this act shall] and be deemed repealed 13 December 1, 2024; and provided further that any rules necessary for the 14 implementation of this act on its effective date shall be promulgated on 15 or before such effective date, provided that: 16 § 2. The opening paragraph of section 15 of chapter 101 of the laws of 17 2014, amending the vehicle and traffic law, the general municipal law, 18 and the public officers law relating to owner liability for failure of 19 an operator to comply with traffic-control indications in the city of 20 Mt. Vernon, is amended to read as follows: 21 This act shall take effect on the thirtieth day after it shall have 22 become a law and shall expire [5 years after such effective date when23upon such date the provisions of this act shall] and be deemed repealed 24 December 1, 2024; and provided further that any rules necessary for the 25 implementation of this act on its effective date shall be promulgated on 26 or before such effective date, provided that: 27 § 3. Section 10 of chapter 19 of the laws of 2009, amending the vehi- 28 cle and traffic law and other laws relating to adjudications and owner 29 liability for a violation of traffic-control signal indications, as 30 amended by chapter 133 of the laws of 2014, is amended to read as 31 follows: 32 § 10. This act shall take effect on the thirtieth day after it shall 33 have become a law and shall expire December 1, [2019] 2024 when upon 34 such date the provisions of this act shall be deemed repealed; provided 35 that the amendments to paragraph a of subdivision 5-a of section 401 of 36 the vehicle and traffic law made by section one of this act shall be 37 subject to the expiration and reversion of such paragraph pursuant to 38 section 17 of chapter 746 of the laws of 1988, as amended, when upon 39 such date the provisions of section two of this act shall take effect; 40 provided that the amendments to the opening paragraph and paragraph (c) 41 of subdivision 1 of section 1809 of the vehicle and traffic law made by 42 section four of this act shall be subject to the expiration and rever- 43 sion of such subdivision pursuant to chapter 166 of the laws of 1991, as 44 amended, when upon such date the provisions of section five of this act 45 shall take effect; provided, however, that the amendments to the opening 46 paragraph of subdivision 1 of section 1809 of the vehicle and traffic 47 law made by section five of this act shall not affect the expiration of 48 such subdivision and shall expire therewith; provided, however, that the 49 amendments to subdivision 2 of section 371 of the general municipal law 50 made by section seven of this act shall not affect the expiration of 51 such section and shall be deemed to expire therewith; and provided, 52 further, that any such local laws as may be enacted pursuant to this act 53 shall remain in full force and effect only until December 1, [2019] 54 2024.S. 1505 14 A. 2005 1 § 4. The opening paragraph of section 15 of chapter 99 of the laws of 2 2014, amending the vehicle and traffic law, the general municipal law, 3 and the public officers law relating to owner liability for failure of 4 an operator to comply with traffic-control indications in the city of 5 New Rochelle, is amended to read as follows: 6 This act shall take effect on the thirtieth day after it shall have 7 become a law and shall expire [5 years after such effective date when8upon such date the provisions of this act shall] and be deemed repealed 9 December 1, 2024; and provided further that any rules necessary for the 10 implementation of this act on its effective date shall be promulgated on 11 or before such effective date, provided that: 12 § 5. Section 17 of chapter 746 of the laws of 1988, amending the vehi- 13 cle and traffic law, the general municipal law, and the public officers 14 law relating to the civil liability of vehicle owners for traffic 15 control signal violations, as amended by chapter 134 of the laws of 16 2014, is amended to read as follows: 17 § 17. This act shall take effect on the thirtieth day after it shall 18 have become a law and shall remain in full force and effect until Decem- 19 ber 1, [2019] 2024 when upon such date the amendments and provisions 20 made by this act shall be deemed repealed; provided, however, any such 21 local laws as may be enacted pursuant to this act shall remain in full 22 force and effect only until the expiration on December 1, [2019] 2024. 23 § 6. Section 2 of local law number 46 of the city of New York for the 24 year 1989 amending the administrative code of the city of New York 25 relating to civil liability of vehicle owners for traffic control signal 26 violations, as amended by chapter 134 of the laws of 2014, is amended to 27 read as follows: 28 § 2. This local law shall take effect immediately and shall expire on 29 December 1, [2019] 2024. 30 § 7. Section 9 of chapter 23 of the laws of 2009, amending the vehicle 31 and traffic law and other laws relating to adjudications and owner 32 liability for a violation of traffic-control signal indications, as 33 amended by chapter 127 of the laws of 2014, is amended to read as 34 follows: 35 § 9. This act shall take effect on the thirtieth day after it shall 36 have become a law and shall expire December 1, [2019] 2024 when upon 37 such date the provisions of this act shall be deemed repealed; provided 38 that the amendments to paragraph a of subdivision 5-a of section 401 of 39 the vehicle and traffic law made by section one of this act shall be 40 subject to the expiration and reversion of such paragraph pursuant to 41 section 17 of chapter 746 of the laws of 1988, as amended, when upon 42 such date the provisions of section two of this act shall take effect; 43 provided that the amendments to the opening paragraph and paragraph (c) 44 of subdivision 1 of section 1809 of the vehicle and traffic law made by 45 section four of this act shall be subject to the expiration and rever- 46 sion of such subdivision pursuant to chapter 166 of the laws of 1991, as 47 amended, when upon such date the provisions of section five of this act 48 shall take effect; provided, however, that the amendments to the opening 49 paragraph of subdivision 1 of section 1809 of the vehicle and traffic 50 law made by section five of this act shall not affect the expiration of 51 such subdivision and shall expire therewith; and provided, further, that 52 any such local laws as may be enacted pursuant to this act shall remain 53 in full force and effect only until December 1, [2019] 2024. 54 § 8. The opening paragraph of section 15 of chapter 222 of the laws of 55 2015, amending the vehicle and traffic law, the general municipal law, 56 and the public officers law relating to owner liability for failure ofS. 1505 15 A. 2005 1 an operator to comply with traffic-control indications in the city of 2 White Plains, is amended to read as follows: 3 This act shall take effect on the thirtieth day after it shall have 4 become a law and shall expire [5 years after such effective date when5upon such date the provisions of this act shall] and be deemed repealed 6 December 1, 2024; and provided further that any rules necessary for the 7 implementation of this act on its effective date shall be promulgated on 8 or before such effective date, provided that: 9 § 9. The opening paragraph and paragraph (k) of section 24 of chapter 10 20 of the laws of 2009, amending the vehicle and traffic law, the gener- 11 al municipal law, and the public officers law relating to owner liabil- 12 ity for failure of operator to comply with traffic control indications, 13 as amended by chapter 128 of the laws of 2014, are amended to read as 14 follows: 15 This act shall take effect on the thirtieth day after it shall have 16 become a law and shall expire December 1, [2019] 2024 when upon such 17 date the provisions of this act shall be deemed repealed; provided that: 18 (k) any such local laws as may be enacted pursuant to this act shall 19 remain in full force and effect only until December 1, [2019] 2024. 20 § 10. This act shall take effect immediately. 21 PART I 22 Section 1. Subparagraph (viii) of paragraph a of subdivision 10 of 23 section 54 of the state finance law, as amended by section 1 of part O 24 of chapter 56 of the laws of 2008, clause 2 as amended by section 1 of 25 part I of chapter 57 of the laws of 2011, is amended and a new subpara- 26 graph (v) is added to paragraph b to read as follows: 27 (viii) "Prior year aid" means[:28(1) for the state fiscal year commencing April first, two thousand29seven, the total amount of state aid a municipality or county having a30population of less than one million but more than nine hundred twenty-31five thousand according to the federal decennial census of two thousand32received in the state fiscal year commencing April first, two thousand33six.34(2) for the state fiscal year commencing April first, two thousand35eight and in each state fiscal year thereafter, the base level grant36received in the immediately preceding state fiscal year pursuant to37paragraph b of this subdivision and chapter three hundred thirteen of38the laws of two thousand ten, excluding any deficit reduction adjustment39pursuant to paragraph e-1 of this subdivision, plus any additional40apportionments received in such year pursuant to paragraph d of this41subdivision and any per capita adjustments received in such year pursu-42ant to paragraph e of this subdivision] for the state fiscal year 43 commencing April first, two thousand nineteen and in each state fiscal 44 year thereafter, the base level grant received in the immediately 45 preceding state fiscal year pursuant to paragraph b of this subdivision. 46 (v) Notwithstanding subparagraph (i) of this paragraph, within amounts 47 appropriated in the state fiscal year commencing April first, two thou- 48 sand nineteen, and annually thereafter, there shall be apportioned and 49 paid to each municipality which is a city a base level grant in an 50 amount equal to the prior year aid received by such city, and there 51 shall be apportioned and paid to each municipality which is a town or 52 village a base level grant in accordance with clause two of this subpar- 53 agraph. 54 (1) When used in this subparagraph, unless otherwise expressly stated:S. 1505 16 A. 2005 1 (A) "two thousand eighteen--two thousand nineteen AIM funding" shall 2 mean the sum of the base level grant paid in the state fiscal year that 3 began April first, two thousand eighteen pursuant to this paragraph. 4 (B) "two thousand seventeen total expenditures" shall mean all funds 5 and total expenditures for a town or a village as reported to the state 6 comptroller for local fiscal years ended in two thousand seventeen. 7 (C) "AIM Reliance" shall mean two thousand eighteen--two thousand 8 nineteen AIM funding calculated as a percentage of two thousand seven- 9 teen total expenditures, provided that, for a village which dissolved 10 during the state fiscal year that began April first, two thousand eigh- 11 teen, the village's two thousand eighteen--two thousand nineteen AIM 12 funding shall be added to the existing two thousand eighteen--two thou- 13 sand nineteen AIM funding of the town into which the village dissolved 14 for purposes of this calculation. 15 (2) A base level grant equal to a town or village's prior year aid 16 only if such town or village's AIM reliance equals two percent or great- 17 er as reported to and published by the state comptroller as of January 18 tenth, two thousand nineteen. 19 § 2. Paragraph i of subdivision 10 of section 54 of the state finance 20 law is amended by adding a new subparagraph (ix) to read as follows: 21 (ix) Notwithstanding subparagraph (i) of this paragraph, in the state 22 fiscal year commencing April first, two thousand nineteen, the base 23 level grant adjustment pursuant to subparagraph (v) of paragraph b of 24 this subdivision shall be made on or before September twenty-fifth for a 25 town or village. 26 § 3. This act shall take effect immediately. 27 PART J 28 Section 1. The real property tax law is amended by adding a new 29 section 485-u to read as follows: 30 § 485-u. Class one reassessment exemption. 1. Applicability. A special 31 assessing unit that is not a city may, by local law, opt to provide a 32 class one reassessment exemption as provided in this section. Such 33 exemption shall apply in the same manner and to the same extent to coun- 34 ty, town, special district and school district taxes levied on the 35 assessment roll prepared by such special assessing unit. 36 2. Eligibility. The assessor shall, for the two thousand twenty--two 37 thousand twenty-one assessment roll and for the subsequent four years, 38 apply an exemption as provided in this section to each property classi- 39 fied in class one pursuant to article eighteen of this chapter. 40 3. Exemption calculation. (a) (i) The assessor shall calculate the 41 exemption as a percentage of the exemption base. The exemption base 42 shall be the amount by which the assessment of a property on the two 43 thousand twenty--two-thousand twenty-one assessment roll exceeds the 44 equalized assessment for the two thousand nineteen--two thousand twenty 45 tax year. The assessor shall determine the equalized assessment for the 46 two thousand nineteen--two thousand twenty tax year by multiplying the 47 property's effective full value for the two thousand nineteen--two thou- 48 sand twenty tax year by the class one level of assessment on the two 49 thousand twenty--two thousand twenty-one assessment roll. The assessor 50 shall determine a property's effective full value for the two thousand 51 nineteen--two thousand twenty tax year by dividing the assessment on the 52 two thousand nineteen--two thousand twenty assessment roll by the class 53 one level of assessment on the two thousand nineteen--two thousand twen- 54 ty assessment roll. Such exemption base shall not include assessmentS. 1505 17 A. 2005 1 increases due to a physical improvement or a removal or reduction of an 2 exemption on property. 3 (ii) Any increase in the assessment of a property due to an increase 4 in a property's full value or physical changes subsequent to the two 5 thousand twenty--two thousand twenty-one tax year assessment roll shall 6 not be eligible for the exemption. If any portion of a property is fully 7 or partially removed from the assessment roll subsequent to the two 8 thousand twenty--two thousand twenty-one tax year by reason of fire, 9 demolition, destruction or new exemption, the assessor shall reduce the 10 exemption for any remaining portion in the same proportion the assess- 11 ment is reduced for such fire, demolition, destruction or new exemption. 12 If a property's assessment is reduced pursuant to title one-a of article 13 five or title one or one-a of article seven of this chapter, or as a 14 result of a reduction in full value compared to the full value on the 15 two thousand twenty--two thousand twenty-one assessment roll, the asses- 16 sor shall recalculate the exemption base accordingly. 17 (b) The exemption shall be eighty per centum of the exemption base in 18 the two thousand twenty--two thousand twenty-one tax year, sixty per 19 centum of the exemption base in the two thousand twenty-one--two thou- 20 sand twenty-two tax year, forty per centum of the exemption base in the 21 two thousand twenty-two--two thousand twenty-three tax year, twenty per 22 centum of the exemption base in the two thousand twenty-three--two thou- 23 sand twenty-four tax year and zero per centum of the exemption base in 24 the two thousand twenty-four--two thousand twenty-five tax year. 25 4. Entering of exemption on assessment roll. The assessor shall enter 26 in a separate column on the assessment roll the value of any exemption 27 provided by this section. 28 § 2. Severability. If any provision of this act or if any application 29 thereof to any person or circumstances is held invalid, the remainder of 30 this act and the application of the provision to other persons and 31 circumstances shall not be affected thereby. 32 § 3. This act shall take effect immediately. 33 PART K 34 Section 1. The state comptroller is hereby authorized and directed to 35 loan money in accordance with the provisions set forth in subdivision 5 36 of section 4 of the state finance law to the following funds and/or 37 accounts: 38 1. DOL-Child performer protection account (20401). 39 2. Proprietary vocational school supervision account (20452). 40 3. Local government records management account (20501). 41 4. Child health plus program account (20810). 42 5. EPIC premium account (20818). 43 6. Education - New (20901). 44 7. VLT - Sound basic education fund (20904). 45 8. Sewage treatment program management and administration fund 46 (21000). 47 9. Hazardous bulk storage account (21061). 48 10. Federal grants indirect cost recovery account (21065). 49 11. Low level radioactive waste account (21066). 50 12. Recreation account (21067). 51 13. Public safety recovery account (21077). 52 14. Environmental regulatory account (21081). 53 15. Natural resource account (21082). 54 16. Mined land reclamation program account (21084).S. 1505 18 A. 2005 1 17. Great lakes restoration initiative account (21087). 2 18. Environmental protection and oil spill compensation fund (21200). 3 19. Public transportation systems account (21401). 4 20. Metropolitan mass transportation (21402). 5 21. Operating permit program account (21451). 6 22. Mobile source account (21452). 7 23. Statewide planning and research cooperative system account 8 (21902). 9 24. New York state thruway authority account (21905). 10 25. Mental hygiene program fund account (21907). 11 26. Mental hygiene patient income account (21909). 12 27. Financial control board account (21911). 13 28. Regulation of racing account (21912). 14 29. New York Metropolitan Transportation Council account (21913). 15 30. State university dormitory income reimbursable account (21937). 16 31. Criminal justice improvement account (21945). 17 32. Environmental laboratory reference fee account (21959). 18 33. Training, management and evaluation account (21961). 19 34. Clinical laboratory reference system assessment account (21962). 20 35. Indirect cost recovery account (21978). 21 36. High school equivalency program account (21979). 22 37. Multi-agency training account (21989). 23 38. Interstate reciprocity for post-secondary distance education 24 account (23800). 25 39. Bell jar collection account (22003). 26 40. Industry and utility service account (22004). 27 41. Real property disposition account (22006). 28 42. Parking account (22007). 29 43. Courts special grants (22008). 30 44. Asbestos safety training program account (22009). 31 45. Camp Smith billeting account (22017). 32 46. Batavia school for the blind account (22032). 33 47. Investment services account (22034). 34 48. Surplus property account (22036). 35 49. Financial oversight account (22039). 36 50. Regulation of Indian gaming account (22046). 37 51. Rome school for the deaf account (22053). 38 52. Seized assets account (22054). 39 53. Administrative adjudication account (22055). 40 54. Federal salary sharing account (22056). 41 55. New York City assessment account (22062). 42 56. Cultural education account (22063). 43 57. Local services account (22078). 44 58. DHCR mortgage servicing account (22085). 45 59. Housing indirect cost recovery account (22090). 46 60. DHCR-HCA application fee account (22100). 47 61. Low income housing monitoring account (22130). 48 62. Corporation administration account (22135). 49 63. Montrose veteran's home account (22144). 50 64. Deferred compensation administration account (22151). 51 65. Rent revenue other New York City account (22156). 52 66. Rent revenue account (22158). 53 67. Tax revenue arrearage account (22168). 54 68. State university general income offset account (22654). 55 69. Lake George park trust fund account (22751). 56 70. State police motor vehicle law enforcement account (22802).S. 1505 19 A. 2005 1 71. Highway safety program account (23001). 2 72. DOH drinking water program account (23102). 3 73. NYCCC operating offset account (23151). 4 74. Commercial gaming revenue account (23701). 5 75. Commercial gaming regulation account (23702). 6 76. Highway use tax administration account (23801). 7 77. Fantasy sports administration account (24951). 8 78. Highway and bridge capital account (30051). 9 79. Aviation purpose account (30053). 10 80. State university residence hall rehabilitation fund (30100). 11 81. State parks infrastructure account (30351). 12 82. Clean water/clean air implementation fund (30500). 13 83. Hazardous waste remedial cleanup account (31506). 14 84. Youth facilities improvement account (31701). 15 85. Housing assistance fund (31800). 16 86. Housing program fund (31850). 17 87. Highway facility purpose account (31951). 18 88. Information technology capital financing account (32215). 19 89. New York racing account (32213). 20 90. Capital miscellaneous gifts account (32214). 21 91. New York environmental protection and spill remediation account 22 (32219). 23 92. Mental hygiene facilities capital improvement fund (32300). 24 93. Correctional facilities capital improvement fund (32350). 25 94. New York State Storm Recovery Capital Fund (33000). 26 95. OGS convention center account (50318). 27 96. Empire Plaza Gift Shop (50327). 28 97. Centralized services fund (55000). 29 98. Archives records management account (55052). 30 99. Federal single audit account (55053). 31 100. Civil service EHS occupational health program account (55056). 32 101. Banking services account (55057). 33 102. Cultural resources survey account (55058). 34 103. Neighborhood work project account (55059). 35 104. Automation & printing chargeback account (55060). 36 105. OFT NYT account (55061). 37 106. Data center account (55062). 38 107. Intrusion detection account (55066). 39 108. Domestic violence grant account (55067). 40 109. Centralized technology services account (55069). 41 110. Labor contact center account (55071). 42 111. Human services contact center account (55072). 43 112. Tax contact center account (55073). 44 113. Executive direction internal audit account (55251). 45 114. CIO Information technology centralized services account (55252). 46 115. Health insurance internal service account (55300). 47 116. Civil service employee benefits division administrative account 48 (55301). 49 117. Correctional industries revolving fund (55350). 50 118. Employees health insurance account (60201). 51 119. Medicaid management information system escrow fund (60900). 52 120. Department of law civil recoveries account (55074). 53 121. Utility environmental regulatory account (21064). 54 122. New York state secure choice administrative account (23806). 55 123. New York state medical indemnity fund account (_____). 56 124. New York state cannabis revenue fund (_____).S. 1505 20 A. 2005 1 § 1-a. The state comptroller is hereby authorized and directed to loan 2 money in accordance with the provisions set forth in subdivision 5 of 3 section 4 of the state finance law to any account within the following 4 federal funds, provided the comptroller has made a determination that 5 sufficient federal grant award authority is available to reimburse such 6 loans: 7 1. Federal USDA-food and nutrition services fund (25000). 8 2. Federal health and human services fund (25100). 9 3. Federal education fund (25200). 10 4. Federal block grant fund (25250). 11 5. Federal miscellaneous operating grants fund (25300). 12 6. Federal unemployment insurance administration fund (25900). 13 7. Federal unemployment insurance occupational training fund (25950). 14 8. Federal emergency employment act fund (26000). 15 9. Federal capital projects fund (31350). 16 § 1-b. The state comptroller is hereby authorized and directed to loan 17 money in accordance with the provisions set forth in subdivision 5 of 18 section 4 of the state finance law to any fund within the special reven- 19 ue, capital projects, proprietary or fiduciary funds for the purpose of 20 payment of any fringe benefit or indirect cost liabilities or obli- 21 gations incurred. 22 § 2. Notwithstanding any law to the contrary, and in accordance with 23 section 4 of the state finance law, the comptroller is hereby authorized 24 and directed to transfer, upon request of the director of the budget, on 25 or before March 31, 2020, up to the unencumbered balance or the follow- 26 ing amounts: 27 Economic Development and Public Authorities: 28 1. $175,000 from the miscellaneous special revenue fund, underground 29 facilities safety training account (22172), to the general fund. 30 2. An amount up to the unencumbered balance from the miscellaneous 31 special revenue fund, business and licensing services account (21977), 32 to the general fund. 33 3. $14,810,000 from the miscellaneous special revenue fund, code 34 enforcement account (21904), to the general fund. 35 4. $3,000,000 from the general fund to the miscellaneous special 36 revenue fund, tax revenue arrearage account (22168). 37 Education: 38 1. $2,679,000,000 from the general fund to the state lottery fund, 39 education account (20901), as reimbursement for disbursements made from 40 such fund for supplemental aid to education pursuant to section 92-c of 41 the state finance law that are in excess of the amounts deposited in 42 such fund for such purposes pursuant to section 1612 of the tax law. 43 2. $987,200,000 from the general fund to the state lottery fund, VLT 44 education account (20904), as reimbursement for disbursements made from 45 such fund for supplemental aid to education pursuant to section 92-c of 46 the state finance law that are in excess of the amounts deposited in 47 such fund for such purposes pursuant to section 1612 of the tax law. 48 3. $154,400,000 from the general fund to the New York state commercial 49 gaming fund, commercial gaming revenue account (23701), as reimbursement 50 for disbursements made from such fund for supplemental aid to education 51 pursuant to section 97-nnnn of the state finance law that are in excess 52 of the amounts deposited in such fund for purposes pursuant to section 53 1352 of the racing, pari-mutuel wagering and breeding law. 54 4. $18,000,000 from the interactive fantasy sports fund, fantasy 55 sports education account (24950), to the state lottery fund, education 56 account (20901), as reimbursement for disbursements made from such fundS. 1505 21 A. 2005 1 for supplemental aid to education pursuant to section 92-c of the state 2 finance law. 3 5. $36,211,000 from the charitable gifts trust fund, elementary and 4 secondary education account (24901), to the general fund, for payment of 5 general support for public schools pursuant to section 3609-a of the 6 education law. 7 6. Moneys from the state lottery fund (20900) up to an amount deposit- 8 ed in such fund pursuant to section 1612 of the tax law in excess of the 9 current year appropriation for supplemental aid to education pursuant to 10 section 92-c of the state finance law. 11 7. $300,000 from the New York state local government records manage- 12 ment improvement fund, local government records management account 13 (20501), to the New York state archives partnership trust fund, archives 14 partnership trust maintenance account (20351). 15 8. $900,000 from the general fund to the miscellaneous special revenue 16 fund, Batavia school for the blind account (22032). 17 9. $900,000 from the general fund to the miscellaneous special revenue 18 fund, Rome school for the deaf account (22053). 19 10. $343,400,000 from the state university dormitory income fund 20 (40350) to the miscellaneous special revenue fund, state university 21 dormitory income reimbursable account (21937). 22 11. $8,318,000 from the general fund to the state university income 23 fund, state university income offset account (22654), for the state's 24 share of repayment of the STIP loan. 25 12. $44,000,000 from the state university income fund, state universi- 26 ty hospitals income reimbursable account (22656) to the general fund for 27 hospital debt service for the period April 1, 2019 through March 31, 28 2020. 29 13. $7,200,000 from the miscellaneous special revenue fund, office of 30 the professions account (22051), to the miscellaneous capital projects 31 fund, office of the professions electronic licensing account (32200). 32 14. $24,000,000 from any of the state education department's special 33 revenue and internal service funds to the miscellaneous special revenue 34 fund, indirect cost recovery account (21978) or to the federal miscella- 35 neous operating grants fund, federal indirect cost recovery account. 36 15. $6,600,000 from any of the state education department's special 37 revenue or internal service funds to the capital projects fund (30000). 38 Environmental Affairs: 39 1. $16,000,000 from any of the department of environmental conserva- 40 tion's special revenue federal funds to the environmental conservation 41 special revenue fund, federal indirect recovery account (21065). 42 2. $5,000,000 from any of the department of environmental conserva- 43 tion's special revenue federal funds to the conservation fund (21150) or 44 Marine Resources Account (21151) as necessary to avoid diversion of 45 conservation funds. 46 3. $3,000,000 from any of the office of parks, recreation and historic 47 preservation capital projects federal funds and special revenue federal 48 funds to the miscellaneous special revenue fund, federal grant indirect 49 cost recovery account (22188). 50 4. $1,000,000 from any of the office of parks, recreation and historic 51 preservation special revenue federal funds to the miscellaneous capital 52 projects fund, I love NY water account (32212). 53 5. $28,000,000 from the general fund to the environmental protection 54 fund, environmental protection fund transfer account (30451). 55 6. $1,800,000 from the general fund to the hazardous waste remedial 56 fund, hazardous waste oversight and assistance account (31505).S. 1505 22 A. 2005 1 7. An amount up to or equal to the cash balance within the special 2 revenue-other waste management & cleanup account (21053) to the capital 3 projects fund (30000) for services and capital expenses related to the 4 management and cleanup program as put forth in section 27-1915 of the 5 environmental conservation law. 6 8. $1,800,000 from the miscellaneous special revenue fund, public 7 service account (22011) to the miscellaneous special revenue fund, util- 8 ity environmental regulatory account (21064). 9 9. $500,000 from the general fund to the enterprise fund, state fair 10 account (50051). 11 10. $2,200,000 from the miscellaneous special revenue fund, public 12 service account (22011) to the general fund. 13 Family Assistance: 14 1. $7,000,000 from any of the office of children and family services, 15 office of temporary and disability assistance, or department of health 16 special revenue federal funds and the general fund, in accordance with 17 agreements with social services districts, to the miscellaneous special 18 revenue fund, office of human resources development state match account 19 (21967). 20 2. $4,000,000 from any of the office of children and family services 21 or office of temporary and disability assistance special revenue federal 22 funds to the miscellaneous special revenue fund, family preservation and 23 support services and family violence services account (22082). 24 3. $18,670,000 from any of the office of children and family services, 25 office of temporary and disability assistance, or department of health 26 special revenue federal funds and any other miscellaneous revenues 27 generated from the operation of office of children and family services 28 programs to the general fund. 29 4. $125,000,000 from any of the office of temporary and disability 30 assistance or department of health special revenue funds to the general 31 fund. 32 5. $2,500,000 from any of the office of temporary and disability 33 assistance special revenue funds to the miscellaneous special revenue 34 fund, office of temporary and disability assistance program account 35 (21980). 36 6. $24,000,000 from any of the office of children and family services, 37 office of temporary and disability assistance, department of labor, and 38 department of health special revenue federal funds to the office of 39 children and family services miscellaneous special revenue fund, multi- 40 agency training contract account (21989). 41 7. $205,000,000 from the miscellaneous special revenue fund, youth 42 facility per diem account (22186), to the general fund. 43 8. $621,850 from the general fund to the combined gifts, grants, and 44 bequests fund, WB Hoyt Memorial account (20128). 45 9. $5,000,000 from the miscellaneous special revenue fund, state 46 central registry (22028), to the general fund. 47 General Government: 48 1. $1,566,000 from the miscellaneous special revenue fund, examination 49 and miscellaneous revenue account (22065) to the general fund. 50 2. $8,083,000 from the general fund to the health insurance revolving 51 fund (55300). 52 3. $292,400,000 from the health insurance reserve receipts fund 53 (60550) to the general fund. 54 4. $150,000 from the general fund to the not-for-profit revolving loan 55 fund (20650).S. 1505 23 A. 2005 1 5. $150,000 from the not-for-profit revolving loan fund (20650) to the 2 general fund. 3 6. $3,000,000 from the miscellaneous special revenue fund, surplus 4 property account (22036), to the general fund. 5 7. $19,000,000 from the miscellaneous special revenue fund, revenue 6 arrearage account (22024), to the general fund. 7 8. $1,826,000 from the miscellaneous special revenue fund, revenue 8 arrearage account (22024), to the miscellaneous special revenue fund, 9 authority budget office account (22138). 10 9. $1,000,000 from the miscellaneous special revenue fund, parking 11 services account (22007), to the general fund, for the purpose of reim- 12 bursing the costs of debt service related to state parking facilities. 13 10. $9,632,000 from the general fund to the centralized services fund, 14 COPS account (55013). 15 11. $13,854,000 from the general fund to the agencies internal service 16 fund, central technology services account (55069), for the purpose of 17 enterprise technology projects. 18 12. $10,000,000 from the general fund to the agencies internal service 19 fund, state data center account (55062). 20 13. $20,000,000 from the miscellaneous special revenue fund, workers' 21 compensation account (21995), to the miscellaneous capital projects 22 fund, workers' compensation board IT business process design fund, 23 (32218). 24 14. $12,000,000 from the miscellaneous special revenue fund, parking 25 services account (22007), to the centralized services, building support 26 services account (55018). 27 15. $30,000,000 from the general fund to the internal service fund, 28 business services center account (55022). 29 16. $8,000,000 from the general fund to the internal service fund, 30 building support services account (55018). 31 17. $1,500,000 from the combined expendable trust, special events 32 account (20120), to the general fund. 33 Health: 34 1. A transfer from the general fund to the combined gifts, grants and 35 bequests fund, breast cancer research and education account (20155), up 36 to an amount equal to the monies collected and deposited into that 37 account in the previous fiscal year. 38 2. A transfer from the general fund to the combined gifts, grants and 39 bequests fund, prostate cancer research, detection, and education 40 account (20183), up to an amount equal to the moneys collected and 41 deposited into that account in the previous fiscal year. 42 3. A transfer from the general fund to the combined gifts, grants and 43 bequests fund, Alzheimer's disease research and assistance account 44 (20143), up to an amount equal to the moneys collected and deposited 45 into that account in the previous fiscal year. 46 4. $33,134,000 from the HCRA resources fund (20800) to the miscella- 47 neous special revenue fund, empire state stem cell trust fund account 48 (22161). 49 5. $6,000,000 from the miscellaneous special revenue fund, certificate 50 of need account (21920), to the miscellaneous capital projects fund, 51 healthcare IT capital subfund (32216). 52 6. $2,000,000 from the miscellaneous special revenue fund, vital 53 health records account (22103), to the miscellaneous capital projects 54 fund, healthcare IT capital subfund (32216).S. 1505 24 A. 2005 1 7. $2,000,000 from the miscellaneous special revenue fund, profes- 2 sional medical conduct account (22088), to the miscellaneous capital 3 projects fund, healthcare IT capital subfund (32216). 4 8. $91,304,000 from the HCRA resources fund (20800) to the capital 5 projects fund (30000). 6 9. $6,550,000 from the general fund to the medical marihuana trust 7 fund, health operation and oversight account (23755). 8 10. $1,086,000 from the miscellaneous special revenue fund, certif- 9 icate of need account (21920), to the general fund. 10 11. $59,000,000 from the charitable gifts trust fund, health charita- 11 ble account (24900), to the general fund, for payment of general support 12 for primary, preventive, and inpatient health care, dental and vision 13 care, hunger prevention and nutritional assistance, and other services 14 for New York state residents with the overall goal of ensuring that New 15 York state residents have access to quality health care and other 16 related services. 17 Labor: 18 1. $500,000 from the miscellaneous special revenue fund, DOL fee and 19 penalty account (21923), to the child performer's protection fund, child 20 performer protection account (20401). 21 2. $11,700,000 from the unemployment insurance interest and penalty 22 fund, unemployment insurance special interest and penalty account 23 (23601), to the general fund. 24 3. $5,000,000 from the miscellaneous special revenue fund, workers' 25 compensation account (21995), to the training and education program 26 occupation safety and health fund, OSHA-training and education account 27 (21251) and occupational health inspection account (21252). 28 Mental Hygiene: 29 1. $10,000,000 from the general fund, to the miscellaneous special 30 revenue fund, federal salary sharing account (22056). 31 2. $3,800,000 from the general fund, to the agencies internal service 32 fund, civil service EHS occupational health program account (55056). 33 Public Protection: 34 1. $1,350,000 from the miscellaneous special revenue fund, emergency 35 management account (21944), to the general fund. 36 2. $2,087,000 from the general fund to the miscellaneous special 37 revenue fund, recruitment incentive account (22171). 38 3. $20,773,000 from the general fund to the correctional industries 39 revolving fund, correctional industries internal service account 40 (55350). 41 4. $60,000,000 from any of the division of homeland security and emer- 42 gency services special revenue federal funds to the general fund. 43 5. $9,500,000 from the miscellaneous special revenue fund, criminal 44 justice improvement account (21945), to the general fund. 45 6. $115,420,000 from the state police motor vehicle law enforcement 46 and motor vehicle theft and insurance fraud prevention fund, state 47 police motor vehicle enforcement account (22802), to the general fund 48 for state operation expenses of the division of state police. 49 7. $119,500,000 from the general fund to the correctional facilities 50 capital improvement fund (32350). 51 8. $5,000,000 from the general fund to the dedicated highway and 52 bridge trust fund (30050) for the purpose of work zone safety activities 53 provided by the division of state police for the department of transpor- 54 tation.S. 1505 25 A. 2005 1 9. $10,000,000 from the miscellaneous special revenue fund, statewide 2 public safety communications account (22123), to the capital projects 3 fund (30000). 4 10. $29,080,000 from the miscellaneous special revenue fund, legal 5 services assistance account (22096), to the general fund. 6 11. $1,000,000 from the general fund to the agencies internal service 7 fund, neighborhood work project account (55059). 8 12. $7,980,000 from the miscellaneous special revenue fund, finger- 9 print identification & technology account (21950), to the general fund. 10 13. $1,400,000 from the state police motor vehicle law enforcement and 11 motor vehicle theft and insurance fraud prevention fund, motor vehicle 12 theft and insurance fraud account (22801), to the general fund. 13 14. $150,000 from the medical marihuana trust fund, law enforcement 14 account (23753), to the general fund. 15 15. $25,000,000 from the miscellaneous special revenue fund, statewide 16 public safety communications account (22123), to the general fund. 17 16. A transfer of the unencumbered balance from the miscellaneous 18 special revenue fund, airport security account (22199), to the miscella- 19 neous special revenue fund, securing the cities account. 20 Transportation: 21 1. $17,672,000 from the federal miscellaneous operating grants fund to 22 the miscellaneous special revenue fund, New York Metropolitan Transpor- 23 tation Council account (21913). 24 2. $20,147,000 from the federal capital projects fund to the miscella- 25 neous special revenue fund, New York Metropolitan Transportation Council 26 account (21913). 27 3. $15,181,992 from the general fund to the mass transportation oper- 28 ating assistance fund, public transportation systems operating assist- 29 ance account (21401), of which $12,000,000 constitutes the base need for 30 operations. 31 4. $727,500,000 from the general fund to the dedicated highway and 32 bridge trust fund (30050). 33 5. $244,250,000 from the general fund to the MTA financial assistance 34 fund, mobility tax trust account (23651). 35 6. $5,000,000 from the miscellaneous special revenue fund, transporta- 36 tion regulation account (22067) to the dedicated highway and bridge 37 trust fund (30050), for disbursements made from such fund for motor 38 carrier safety that are in excess of the amounts deposited in the dedi- 39 cated highway and bridge trust fund (30050) for such purpose pursuant to 40 section 94 of the transportation law. 41 7. $3,000,000 from the miscellaneous special revenue fund, traffic 42 adjudication account (22055), to the general fund. 43 8. $17,421,000 from the mass transportation operating assistance fund, 44 metropolitan mass transportation operating assistance account (21402), 45 to the capital projects fund (30000). 46 9. $5,000,000 from the miscellaneous special revenue fund, transporta- 47 tion regulation account (22067) to the general fund, for disbursements 48 made from such fund for motor carrier safety that are in excess of the 49 amounts deposited in the general fund for such purpose pursuant to 50 section 94 of the transportation law. 51 Miscellaneous: 52 1. $250,000,000 from the general fund to any funds or accounts for the 53 purpose of reimbursing certain outstanding accounts receivable balances. 54 2. $500,000,000 from the general fund to the debt reduction reserve 55 fund (40000).S. 1505 26 A. 2005 1 3. $450,000,000 from the New York state storm recovery capital fund 2 (33000) to the revenue bond tax fund (40152). 3 4. $18,550,000 from the general fund, community projects account GG 4 (10256), to the general fund, state purposes account (10050). 5 5. $100,000,000 from any special revenue federal fund to the general 6 fund, state purposes account (10050). 7 § 3. Notwithstanding any law to the contrary, and in accordance with 8 section 4 of the state finance law, the comptroller is hereby authorized 9 and directed to transfer, on or before March 31, 2020: 10 1. Upon request of the commissioner of environmental conservation, up 11 to $12,659,400 from revenues credited to any of the department of envi- 12 ronmental conservation special revenue funds, including $4,000,000 from 13 the environmental protection and oil spill compensation fund (21200), 14 and $1,831,600 from the conservation fund (21150), to the environmental 15 conservation special revenue fund, indirect charges account (21060). 16 2. Upon request of the commissioner of agriculture and markets, up to 17 $3,000,000 from any special revenue fund or enterprise fund within the 18 department of agriculture and markets to the general fund, to pay appro- 19 priate administrative expenses. 20 3. Upon request of the commissioner of agriculture and markets, up to 21 $2,000,000 from the state exposition special fund, state fair receipts 22 account (50051) to the miscellaneous capital projects fund, state fair 23 capital improvement account (32208). 24 4. Upon request of the commissioner of the division of housing and 25 community renewal, up to $6,221,000 from revenues credited to any divi- 26 sion of housing and community renewal federal or miscellaneous special 27 revenue fund to the miscellaneous special revenue fund, housing indirect 28 cost recovery account (22090). 29 5. Upon request of the commissioner of the division of housing and 30 community renewal, up to $5,500,000 may be transferred from any miscel- 31 laneous special revenue fund account, to any miscellaneous special 32 revenue fund. 33 6. Upon request of the commissioner of health up to $8,500,000 from 34 revenues credited to any of the department of health's special revenue 35 funds, to the miscellaneous special revenue fund, administration account 36 (21982). 37 § 4. On or before March 31, 2020, the comptroller is hereby authorized 38 and directed to deposit earnings that would otherwise accrue to the 39 general fund that are attributable to the operation of section 98-a of 40 the state finance law, to the agencies internal service fund, banking 41 services account (55057), for the purpose of meeting direct payments 42 from such account. 43 § 5. Notwithstanding any law to the contrary, upon the direction of 44 the director of the budget and upon requisition by the state university 45 of New York, the dormitory authority of the state of New York is 46 directed to transfer, up to $22,000,000 in revenues generated from the 47 sale of notes or bonds, the state university income fund general revenue 48 account (22653) for reimbursement of bondable equipment for further 49 transfer to the state's general fund. 50 § 6. Notwithstanding any law to the contrary, and in accordance with 51 section 4 of the state finance law, the comptroller is hereby authorized 52 and directed to transfer, upon request of the director of the budget and 53 upon consultation with the state university chancellor or his or her 54 designee, on or before March 31, 2020, up to $16,000,000 from the state 55 university income fund general revenue account (22653) to the state 56 general fund for debt service costs related to campus supported capitalS. 1505 27 A. 2005 1 project costs for the NY-SUNY 2020 challenge grant program at the 2 University at Buffalo. 3 § 7. Notwithstanding any law to the contrary, and in accordance with 4 section 4 of the state finance law, the comptroller is hereby authorized 5 and directed to transfer, upon request of the director of the budget and 6 upon consultation with the state university chancellor or his or her 7 designee, on or before March 31, 2020, up to $6,500,000 from the state 8 university income fund general revenue account (22653) to the state 9 general fund for debt service costs related to campus supported capital 10 project costs for the NY-SUNY 2020 challenge grant program at the 11 University at Albany. 12 § 8. Notwithstanding any law to the contrary, the state university 13 chancellor or his or her designee is authorized and directed to transfer 14 estimated tuition revenue balances from the state university collection 15 fund (61000) to the state university income fund, state university 16 general revenue offset account (22655) on or before March 31, 2020. 17 § 9. Notwithstanding any law to the contrary, and in accordance with 18 section 4 of the state finance law, the comptroller is hereby authorized 19 and directed to transfer, upon request of the director of the budget, up 20 to $1,001,800,300 from the general fund to the state university income 21 fund, state university general revenue offset account (22655) during the 22 period of July 1, 2019 through June 30, 2020 to support operations at 23 the state university. 24 § 10. Notwithstanding any law to the contrary, and in accordance with 25 section 4 of the state finance law, the comptroller is hereby authorized 26 and directed to transfer, upon request of the director of the budget, up 27 to $109,500,000 from the general fund to the state university income 28 fund, state university general revenue offset account (22655) during the 29 period of April 1, 2019 through June 30, 2019 to support operations at 30 the state university. 31 § 11. Notwithstanding any law to the contrary, and in accordance with 32 section 4 of the state finance law, the comptroller is hereby authorized 33 and directed to transfer, upon request of the director of the budget, up 34 to $20,000,000 from the general fund to the state university income 35 fund, state university general revenue offset account (22655) during the 36 period of July 1, 2019 to June 30, 2020 to support operations at the 37 state university in accordance with the maintenance of effort pursuant 38 to clause (v) of subparagraph (4) of paragraph h of subdivision 2 of 39 section 355 of the education law. 40 § 12. Notwithstanding any law to the contrary, and in accordance with 41 section 4 of the state finance law, the comptroller is hereby authorized 42 and directed to transfer, upon request of the state university chancel- 43 lor or his or her designee, up to $55,000,000 from the state university 44 income fund, state university hospitals income reimbursable account 45 (22656), for services and expenses of hospital operations and capital 46 expenditures at the state university hospitals; and the state university 47 income fund, Long Island veterans' home account (22652) to the state 48 university capital projects fund (32400) on or before June 30, 2020. 49 § 13. Notwithstanding any law to the contrary, and in accordance with 50 section 4 of the state finance law, the comptroller, after consultation 51 with the state university chancellor or his or her designee, is hereby 52 authorized and directed to transfer moneys, in the first instance, from 53 the state university collection fund, Stony Brook hospital collection 54 account (61006), Brooklyn hospital collection account (61007), and Syra- 55 cuse hospital collection account (61008) to the state university income 56 fund, state university hospitals income reimbursable account (22656) inS. 1505 28 A. 2005 1 the event insufficient funds are available in the state university 2 income fund, state university hospitals income reimbursable account 3 (22656) to permit the full transfer of moneys authorized for transfer, 4 to the general fund for payment of debt service related to the SUNY 5 hospitals. Notwithstanding any law to the contrary, the comptroller is 6 also hereby authorized and directed, after consultation with the state 7 university chancellor or his or her designee, to transfer moneys from 8 the state university income fund to the state university income fund, 9 state university hospitals income reimbursable account (22656) in the 10 event insufficient funds are available in the state university income 11 fund, state university hospitals income reimbursable account (22656) to 12 pay hospital operating costs or to permit the full transfer of moneys 13 authorized for transfer, to the general fund for payment of debt service 14 related to the SUNY hospitals on or before March 31, 2020. 15 § 14. Notwithstanding any law to the contrary, upon the direction of 16 the director of the budget and the chancellor of the state university of 17 New York or his or her designee, and in accordance with section 4 of the 18 state finance law, the comptroller is hereby authorized and directed to 19 transfer monies from the state university dormitory income fund (40350) 20 to the state university residence hall rehabilitation fund (30100), and 21 from the state university residence hall rehabilitation fund (30100) to 22 the state university dormitory income fund (40350), in an amount not to 23 exceed $80 million from each fund. 24 § 15. Notwithstanding any law to the contrary, and in accordance with 25 section 4 of the state finance law, the comptroller is hereby authorized 26 and directed to transfer monies, upon request of the director of the 27 budget, on or before March 31, 2020, from and to any of the following 28 accounts: the miscellaneous special revenue fund, patient income account 29 (21909), the miscellaneous special revenue fund, mental hygiene program 30 fund account (21907), the miscellaneous special revenue fund, federal 31 salary sharing account (22056), or the general fund in any combination, 32 the aggregate of which shall not exceed $350 million. 33 § 16. Notwithstanding any law to the contrary, and in accordance with 34 section 4 of the state finance law, the comptroller is hereby authorized 35 and directed to transfer, at the request of the director of the budget, 36 up to $650 million from the unencumbered balance of any special revenue 37 fund or account, agency fund or account, internal service fund or 38 account, enterprise fund or account, or any combination of such funds 39 and accounts, to the general fund. The amounts transferred pursuant to 40 this authorization shall be in addition to any other transfers expressly 41 authorized in the 2019-20 budget. Transfers from federal funds, debt 42 service funds, capital projects funds, the community projects fund, or 43 funds that would result in the loss of eligibility for federal benefits 44 or federal funds pursuant to federal law, rule, or regulation as assent- 45 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 46 1951 are not permitted pursuant to this authorization. 47 § 17. Notwithstanding any law to the contrary, and in accordance with 48 section 4 of the state finance law, the comptroller is hereby authorized 49 and directed to transfer, at the request of the director of the budget, 50 up to $100 million from any non-general fund or account, or combination 51 of funds and accounts, to the miscellaneous special revenue fund, tech- 52 nology financing account (22207), the miscellaneous capital projects 53 fund, information technology capital financing account (32215), or the 54 centralized technology services account (55069), for the purpose of 55 consolidating technology procurement and services. The amounts trans- 56 ferred to the miscellaneous special revenue fund, technology financingS. 1505 29 A. 2005 1 account (22207) pursuant to this authorization shall be equal to or less 2 than the amount of such monies intended to support information technolo- 3 gy costs which are attributable, according to a plan, to such account 4 made in pursuance to an appropriation by law. Transfers to the technolo- 5 gy financing account shall be completed from amounts collected by non- 6 general funds or accounts pursuant to a fund deposit schedule or perma- 7 nent statute, and shall be transferred to the technology financing 8 account pursuant to a schedule agreed upon by the affected agency 9 commissioner. Transfers from funds that would result in the loss of 10 eligibility for federal benefits or federal funds pursuant to federal 11 law, rule, or regulation as assented to in chapter 683 of the laws of 12 1938 and chapter 700 of the laws of 1951 are not permitted pursuant to 13 this authorization. 14 § 18. Notwithstanding any law to the contrary, and in accordance with 15 section 4 of the state finance law, the comptroller is hereby authorized 16 and directed to transfer, at the request of the director of the budget, 17 up to $400 million from any non-general fund or account, or combination 18 of funds and accounts, to the general fund for the purpose of consol- 19 idating technology procurement and services. The amounts transferred 20 pursuant to this authorization shall be equal to or less than the amount 21 of such monies intended to support information technology costs which 22 are attributable, according to a plan, to such account made in pursuance 23 to an appropriation by law. Transfers to the general fund shall be 24 completed from amounts collected by non-general funds or accounts pursu- 25 ant to a fund deposit schedule. Transfers from funds that would result 26 in the loss of eligibility for federal benefits or federal funds pursu- 27 ant to federal law, rule, or regulation as assented to in chapter 683 of 28 the laws of 1938 and chapter 700 of the laws of 1951 are not permitted 29 pursuant to this authorization. 30 § 19. Notwithstanding any provision of law to the contrary, as deemed 31 feasible and advisable by its trustees, the power authority of the state 32 of New York is authorized and directed to transfer to the state treasury 33 to the credit of the general fund $20,000,000 for the state fiscal year 34 commencing April 1, 2019, the proceeds of which will be utilized to 35 support energy-related state activities. 36 § 20. Notwithstanding any provision of law, rule or regulation to the 37 contrary, the New York state energy research and development authority 38 is authorized and directed to make the following contributions to the 39 state treasury to the credit of the general fund on or before March 31, 40 2020: (a) $913,000; and (b) $23,000,000 from proceeds collected by the 41 authority from the auction or sale of carbon dioxide emission allowances 42 allocated by the department of environmental conservation. 43 § 21. Subdivision 5 of section 97-rrr of the state finance law, as 44 amended by section 22 of part BBB of chapter 59 of the laws of 2018, is 45 amended to read as follows: 46 5. Notwithstanding the provisions of section one hundred seventy-one-a 47 of the tax law, as separately amended by chapters four hundred eighty- 48 one and four hundred eighty-four of the laws of nineteen hundred eight- 49 y-one, and notwithstanding the provisions of chapter ninety-four of the 50 laws of two thousand eleven, or any other provisions of law to the 51 contrary, during the fiscal year beginning April first, two thousand 52 [eighteen] nineteen, the state comptroller is hereby authorized and 53 directed to deposit to the fund created pursuant to this section from 54 amounts collected pursuant to article twenty-two of the tax law and 55 pursuant to a schedule submitted by the director of the budget, up to 56 [$2,458,909,000] $2,185,995,000, as may be certified in such schedule asS. 1505 30 A. 2005 1 necessary to meet the purposes of such fund for the fiscal year begin- 2 ning April first, two thousand [eighteen] nineteen. 3 § 22. Notwithstanding any law to the contrary, the comptroller is 4 hereby authorized and directed to transfer, upon request of the director 5 of the budget, on or before March 31, 2020, the following amounts from 6 the following special revenue accounts to the capital projects fund 7 (30000), for the purposes of reimbursement to such fund for expenses 8 related to the maintenance and preservation of state assets: 9 1. $43,000 from the miscellaneous special revenue fund, administrative 10 program account (21982). 11 2. $1,478,000 from the miscellaneous special revenue fund, helen hayes 12 hospital account (22140). 13 3. $366,000 from the miscellaneous special revenue fund, New York city 14 veterans' home account (22141). 15 4. $513,000 from the miscellaneous special revenue fund, New York 16 state home for veterans' and their dependents at oxford account (22142). 17 5. $159,000 from the miscellaneous special revenue fund, western New 18 York veterans' home account (22143). 19 6. $323,000 from the miscellaneous special revenue fund, New York 20 state for veterans in the lower-hudson valley account (22144). 21 7. $2,550,000 from the miscellaneous special revenue fund, patron 22 services account (22163). 23 8. $830,000 from the miscellaneous special revenue fund, long island 24 veterans' home account (22652). 25 9. $5,379,000 from the miscellaneous special revenue fund, state 26 university general income reimbursable account (22653). 27 10. $112,556,000 from the miscellaneous special revenue fund, state 28 university revenue offset account (22655). 29 11. $557,000 from the miscellaneous special revenue fund, state 30 university of New York tuition reimbursement account (22659). 31 12. $41,930,000 from the state university dormitory income fund, state 32 university dormitory income fund (40350). 33 13. $1,000,000 from the miscellaneous special revenue fund, litigation 34 settlement and civil recovery account (22117). 35 § 22-a. Subdivision 4 of section 97-rrr of the state finance law, as 36 added by section 22-b of part XXX of chapter 59 of the laws of 2017, is 37 amended to read as follows: 38 4. Any amounts disbursed from such fund shall be excluded from the 39 calculation of annual spending growth in state operating funds [until40June 30, 2019]. 41 § 23. Notwithstanding any provision of law to the contrary, in the 42 event that federal legislation, federal regulatory actions, federal 43 executive actions or federal judicial actions in federal fiscal year 44 2020 reduce federal financial participation in Medicaid funding to New 45 York state or its subdivisions by $850 million or more in state fiscal 46 years 2019-20 or 2020-21, the director of the division of the budget 47 shall notify the temporary president of the senate and the speaker of 48 the assembly in writing that the federal actions will reduce expected 49 funding to New York state. The director of the division of the budget 50 shall prepare a plan that shall be submitted to the legislature, which 51 shall (a) specify the total amount of the reduction in federal financial 52 participation in Medicaid, (b) itemize the specific programs and activ- 53 ities that will be affected by the reduction in federal financial 54 participation in Medicaid, and (c) identify the general fund and state 55 special revenue fund appropriations and related disbursements that shall 56 be reduced, and in what program areas, provided, however, that suchS. 1505 31 A. 2005 1 reductions to appropriations and disbursements shall be applied equally 2 and proportionally to the programs affected by the reduction in federal 3 financial participation in Medicaid. Upon such submission, the legisla- 4 ture shall have 90 days after such submission to either prepare its own 5 plan, which may be adopted by concurrent resolution passed by both hous- 6 es, or if after 90 days the legislature fails to adopt their own plan, 7 the reductions to the general fund and state special revenue fund appro- 8 priations and related disbursements identified in the division of the 9 budget plan will go into effect automatically. 10 § 24. Notwithstanding any provision of law to the contrary, in the 11 event that federal legislation, federal regulatory actions, federal 12 executive actions or federal judicial actions in federal fiscal year 13 2020 reduce federal financial participation or other federal aid in 14 funding to New York state that affects the state operating funds finan- 15 cial plan by $850 million or more in state fiscal years 2019-20 or 16 2020-21, exclusive of any cuts to Medicaid, the director of the division 17 of the budget shall notify the temporary president of the senate and the 18 speaker of the assembly in writing that the federal actions will reduce 19 expected funding to New York state. The director of the division of the 20 budget shall prepare a plan that shall be submitted to the legislature, 21 which shall (a) specify the total amount of the reduction in federal 22 aid, (b) itemize the specific programs and activities that will be 23 affected by the federal reductions, exclusive of Medicaid, and (c) iden- 24 tify the general fund and state special revenue fund appropriations and 25 related disbursements that shall be reduced, and in what program areas, 26 provided, however, that such reductions to appropriations and disburse- 27 ments shall be applied equally and proportionally. Upon such submission, 28 the legislature shall have 90 days after such submission to either 29 prepare its own plan, which may be adopted by concurrent resolution 30 passed by both houses, or if after 90 days the legislature fails to 31 adopt their own plan, the reductions to the general fund and state 32 special revenue fund appropriations and related disbursements identified 33 in the division of the budget plan will go into effect automatically. 34 § 25. The state finance law is amended by adding a new section 28 to 35 read as follows: 36 § 28. Reductions to enacted appropriations. 1. Notwithstanding any 37 other provision of law to the contrary, to maintain a balanced budget in 38 the event that the annual estimate for tax receipts for fiscal year 39 2019-20 is reduced by five hundred million dollars or more compared to 40 the estimate in the fiscal year 2019-20 Executive Budget Financial Plan, 41 the appropriations and related cash disbursements for all general fund 42 and state special revenue fund aid to localities appropriations shall be 43 uniformly reduced by the percentage set forth in a written allocation 44 plan prepared by the director of the budget, provided, however, that the 45 uniform percentage reduction shall not exceed three percent. The follow- 46 ing types of appropriations shall be exempt from uniform reduction: (a) 47 public assistance payments for families and individuals and payments for 48 eligible aged, blind and disabled persons related to supplemental social 49 security; (b) any reductions that would violate federal law; (c) 50 payments of debt service and related expenses for which the state is 51 constitutionally obligated to pay debt service or is contractually obli- 52 gated to pay debt service, subject to an appropriation, including where 53 the state has a contingent contractual obligation; (d) payments the 54 state is obligated to make pursuant to court orders or judgments; (e) 55 payments for CUNY senior colleges; (f) school aid; (g) Medicaid; and (h) 56 payments from the community projects fund.S. 1505 32 A. 2005 1 2. Reductions under this section shall commence within ten days 2 following the publication of a financial plan required under sections 3 twenty-two or twenty-three of this article stating that the annual esti- 4 mate for tax receipts for fiscal year 2019-20 is reduced by five hundred 5 million dollars or more compared to the estimate in the fiscal year 6 2019-20 Executive Budget Financial Plan. Such reductions shall be 7 uniformly reduced in accordance with a written allocation plan prepared 8 by the director of the budget, which shall be filed with the state comp- 9 troller, the chairman of the senate finance committee and the chairman 10 of the assembly ways and means committee. Such written allocation plan 11 shall include a summary of the methodology for calculating the percent- 12 age reductions to the payments from non-exempt appropriations and cash 13 disbursements and the reasons for any exemptions, and a detailed sched- 14 ule of the reductions and exemptions. The director of the budget shall 15 prepare appropriately reduced certificates, which shall be filed with 16 the state comptroller, the chair of the senate finance committee and the 17 chair of the assembly ways and means committee. 18 3. On March thirty-first, two thousand twenty, the director of the 19 budget shall calculate the difference, if any, between the annual esti- 20 mate in tax receipts contained in the fiscal year 2020 Executive Budget 21 Financial Plan and actual tax collections for fiscal year 2019-20. If 22 actual tax receipts for fiscal year 2019-20 were not less than five 23 hundred million dollars below the annual estimate in tax receipts 24 contained in the Executive Budget Financial Plan for fiscal year 2019- 25 20, then the amounts withheld under this section shall be payable as 26 soon as practicable thereafter in the fiscal year 2021-22. 27 4. Notwithstanding any inconsistent provision of law, rule or regu- 28 lation, the effectiveness of the provisions of sections twenty-eight 29 hundred seven and thirty-six hundred fourteen of the public health law, 30 section eighteen of chapter two of the laws of nineteen hundred eighty- 31 eight, and 18 NYCRR § 505.14(h), as they relate to time frames for 32 notice, approval or certification of rates of payment, are hereby 33 suspended and without force or effect for purposes of implementing the 34 provisions of this act. 35 § 26. Notwithstanding any other law, rule, or regulation to the 36 contrary, the state comptroller is hereby authorized and directed to use 37 any balance remaining in the mental health services fund debt service 38 appropriation, after payment by the state comptroller of all obligations 39 required pursuant to any lease, sublease, or other financing arrangement 40 between the dormitory authority of the state of New York as successor to 41 the New York state medical care facilities finance agency, and the 42 facilities development corporation pursuant to chapter 83 of the laws of 43 1995 and the department of mental hygiene for the purpose of making 44 payments to the dormitory authority of the state of New York for the 45 amount of the earnings for the investment of monies deposited in the 46 mental health services fund that such agency determines will or may have 47 to be rebated to the federal government pursuant to the provisions of 48 the internal revenue code of 1986, as amended, in order to enable such 49 agency to maintain the exemption from federal income taxation on the 50 interest paid to the holders of such agency's mental services facilities 51 improvement revenue bonds. Annually on or before each June 30th, such 52 agency shall certify to the state comptroller its determination of the 53 amounts received in the mental health services fund as a result of the 54 investment of monies deposited therein that will or may have to be 55 rebated to the federal government pursuant to the provisions of the 56 internal revenue code of 1986, as amended.S. 1505 33 A. 2005 1 § 27. Subdivision 1 of section 47 of section 1 of chapter 174 of the 2 laws of 1968, constituting the New York state urban development corpo- 3 ration act, as amended by section 31 of part BBB of chapter 59 of the 4 laws of 2018, is amended to read as follows: 5 1. Notwithstanding the provisions of any other law to the contrary, 6 the dormitory authority and the corporation are hereby authorized to 7 issue bonds or notes in one or more series for the purpose of funding 8 project costs for the office of information technology services, depart- 9 ment of law, and other state costs associated with such capital 10 projects. The aggregate principal amount of bonds authorized to be 11 issued pursuant to this section shall not exceed [five hundred forty12million nine hundred fifty-four thousand] six hundred sixty-two million 13 six hundred fifty-four thousand dollars, $662,654,000 excluding bonds 14 issued to fund one or more debt service reserve funds, to pay costs of 15 issuance of such bonds, and bonds or notes issued to refund or otherwise 16 repay such bonds or notes previously issued. Such bonds and notes of the 17 dormitory authority and the corporation shall not be a debt of the 18 state, and the state shall not be liable thereon, nor shall they be 19 payable out of any funds other than those appropriated by the state to 20 the dormitory authority and the corporation for principal, interest, and 21 related expenses pursuant to a service contract and such bonds and notes 22 shall contain on the face thereof a statement to such effect. Except for 23 purposes of complying with the internal revenue code, any interest 24 income earned on bond proceeds shall only be used to pay debt service on 25 such bonds. 26 § 28. Subdivision 1 of section 16 of part D of chapter 389 of the laws 27 of 1997, relating to the financing of the correctional facilities 28 improvement fund and the youth facility improvement fund, as amended by 29 section 32 of part BBB of chapter 59 of the laws of 2018, is amended to 30 read as follows: 31 1. Subject to the provisions of chapter 59 of the laws of 2000, but 32 notwithstanding the provisions of section 18 of section 1 of chapter 174 33 of the laws of 1968, the New York state urban development corporation is 34 hereby authorized to issue bonds, notes and other obligations in an 35 aggregate principal amount not to exceed [eight billion eighty-two36million eight hundred ninety-nine thousand] eight billion four hundred 37 ninety-four million nine hundred seventy-nine thousand dollars 38 [$8,082,899,000] $8,494,979,000, and shall include all bonds, notes and 39 other obligations issued pursuant to chapter 56 of the laws of 1983, as 40 amended or supplemented. The proceeds of such bonds, notes or other 41 obligations shall be paid to the state, for deposit in the correctional 42 facilities capital improvement fund to pay for all or any portion of the 43 amount or amounts paid by the state from appropriations or reappropri- 44 ations made to the department of corrections and community supervision 45 from the correctional facilities capital improvement fund for capital 46 projects. The aggregate amount of bonds, notes or other obligations 47 authorized to be issued pursuant to this section shall exclude bonds, 48 notes or other obligations issued to refund or otherwise repay bonds, 49 notes or other obligations theretofore issued, the proceeds of which 50 were paid to the state for all or a portion of the amounts expended by 51 the state from appropriations or reappropriations made to the department 52 of corrections and community supervision; provided, however, that upon 53 any such refunding or repayment the total aggregate principal amount of 54 outstanding bonds, notes or other obligations may be greater than [eight55billion eighty-two million eight hundred ninety-nine thousand] eight 56 billion four hundred ninety-four million nine hundred seventy-nine thou-S. 1505 34 A. 2005 1 sand dollars [$8,082,899,000] $8,494,979,000, only if the present value 2 of the aggregate debt service of the refunding or repayment bonds, notes 3 or other obligations to be issued shall not exceed the present value of 4 the aggregate debt service of the bonds, notes or other obligations so 5 to be refunded or repaid. For the purposes hereof, the present value of 6 the aggregate debt service of the refunding or repayment bonds, notes or 7 other obligations and of the aggregate debt service of the bonds, notes 8 or other obligations so refunded or repaid, shall be calculated by 9 utilizing the effective interest rate of the refunding or repayment 10 bonds, notes or other obligations, which shall be that rate arrived at 11 by doubling the semi-annual interest rate (compounded semi-annually) 12 necessary to discount the debt service payments on the refunding or 13 repayment bonds, notes or other obligations from the payment dates ther- 14 eof to the date of issue of the refunding or repayment bonds, notes or 15 other obligations and to the price bid including estimated accrued 16 interest or proceeds received by the corporation including estimated 17 accrued interest from the sale thereof. 18 § 29. Paragraph (a) of subdivision 2 of section 47-e of the private 19 housing finance law, as amended by section 33 of part BBB of chapter 59 20 of the laws of 2018, is amended to read as follows: 21 (a) Subject to the provisions of chapter fifty-nine of the laws of two 22 thousand, in order to enhance and encourage the promotion of housing 23 programs and thereby achieve the stated purposes and objectives of such 24 housing programs, the agency shall have the power and is hereby author- 25 ized from time to time to issue negotiable housing program bonds and 26 notes in such principal amount as shall be necessary to provide suffi- 27 cient funds for the repayment of amounts disbursed (and not previously 28 reimbursed) pursuant to law or any prior year making capital appropri- 29 ations or reappropriations for the purposes of the housing program; 30 provided, however, that the agency may issue such bonds and notes in an 31 aggregate principal amount not exceeding [$5,981,399,000 five billion32nine hundred eighty-one million three hundred ninety-nine thousand] six 33 billion one hundred seventy-eight million five hundred ninety-nine thou- 34 sand dollars $6,178,599,000, plus a principal amount of bonds issued to 35 fund the debt service reserve fund in accordance with the debt service 36 reserve fund requirement established by the agency and to fund any other 37 reserves that the agency reasonably deems necessary for the security or 38 marketability of such bonds and to provide for the payment of fees and 39 other charges and expenses, including underwriters' discount, trustee 40 and rating agency fees, bond insurance, credit enhancement and liquidity 41 enhancement related to the issuance of such bonds and notes. No reserve 42 fund securing the housing program bonds shall be entitled or eligible to 43 receive state funds apportioned or appropriated to maintain or restore 44 such reserve fund at or to a particular level, except to the extent of 45 any deficiency resulting directly or indirectly from a failure of the 46 state to appropriate or pay the agreed amount under any of the contracts 47 provided for in subdivision four of this section. 48 § 30. Subdivision (b) of section 11 of chapter 329 of the laws of 49 1991, amending the state finance law and other laws relating to the 50 establishment of the dedicated highway and bridge trust fund, as amended 51 by section 34 of part BBB of chapter 59 of the laws of 2018, is amended 52 to read as follows: 53 (b) Any service contract or contracts for projects authorized pursuant 54 to sections 10-c, 10-f, 10-g and 80-b of the highway law and section 55 14-k of the transportation law, and entered into pursuant to subdivision 56 (a) of this section, shall provide for state commitments to provideS. 1505 35 A. 2005 1 annually to the thruway authority a sum or sums, upon such terms and 2 conditions as shall be deemed appropriate by the director of the budget, 3 to fund, or fund the debt service requirements of any bonds or any obli- 4 gations of the thruway authority issued to fund or to reimburse the 5 state for funding such projects having a cost not in excess of 6 [$10,251,939,000] ten billion seven hundred thirty-nine million four 7 hundred seventy-eight thousand dollars $10,739,478,000 cumulatively by 8 the end of fiscal year [2018-19] 2019-20. 9 § 31. Subdivision 1 of section 1689-i of the public authorities law, 10 as amended by section 35 of part BBB of chapter 59 of the laws of 2018, 11 is amended to read as follows: 12 1. The dormitory authority is authorized to issue bonds, at the 13 request of the commissioner of education, to finance eligible library 14 construction projects pursuant to section two hundred seventy-three-a of 15 the education law, in amounts certified by such commissioner not to 16 exceed a total principal amount of [two hundred seventeen million] two 17 hundred thirty-one million dollars $231,000,000. 18 § 32. Subdivision (a) of section 27 of part Y of chapter 61 of the 19 laws of 2005, relating to providing for the administration of certain 20 funds and accounts related to the 2005-2006 budget, as amended by 21 section 36 of part BBB of chapter 59 of the laws of 2018, is amended to 22 read as follows: 23 (a) Subject to the provisions of chapter 59 of the laws of 2000, but 24 notwithstanding any provisions of law to the contrary, the urban devel- 25 opment corporation is hereby authorized to issue bonds or notes in one 26 or more series in an aggregate principal amount not to exceed 27 [$220,100,000 two hundred twenty million one hundred thousand] two 28 hundred seventy-one million six hundred thousand dollars $271,600,000, 29 excluding bonds issued to finance one or more debt service reserve 30 funds, to pay costs of issuance of such bonds, and bonds or notes issued 31 to refund or otherwise repay such bonds or notes previously issued, for 32 the purpose of financing capital projects including IT initiatives for 33 the division of state police, debt service and leases; and to reimburse 34 the state general fund for disbursements made therefor. Such bonds and 35 notes of such authorized issuer shall not be a debt of the state, and 36 the state shall not be liable thereon, nor shall they be payable out of 37 any funds other than those appropriated by the state to such authorized 38 issuer for debt service and related expenses pursuant to any service 39 contract executed pursuant to subdivision (b) of this section and such 40 bonds and notes shall contain on the face thereof a statement to such 41 effect. Except for purposes of complying with the internal revenue code, 42 any interest income earned on bond proceeds shall only be used to pay 43 debt service on such bonds. 44 § 33. Section 44 of section 1 of chapter 174 of the laws of 1968, 45 constituting the New York state urban development corporation act, as 46 amended by section 37 of part BBB of chapter 59 of the laws of 2018, is 47 amended to read as follows: 48 § 44. Issuance of certain bonds or notes. 1. Notwithstanding the 49 provisions of any other law to the contrary, the dormitory authority and 50 the corporation are hereby authorized to issue bonds or notes in one or 51 more series for the purpose of funding project costs for the regional 52 economic development council initiative, the economic transformation 53 program, state university of New York college for nanoscale and science 54 engineering, projects within the city of Buffalo or surrounding envi- 55 rons, the New York works economic development fund, projects for the 56 retention of professional football in western New York, the empire stateS. 1505 36 A. 2005 1 economic development fund, the clarkson-trudeau partnership, the New 2 York genome center, the cornell university college of veterinary medi- 3 cine, the olympic regional development authority, projects at nano 4 Utica, onondaga county revitalization projects, Binghamton university 5 school of pharmacy, New York power electronics manufacturing consortium, 6 regional infrastructure projects, high tech innovation and economic 7 development infrastructure program, high technology manufacturing 8 projects in Chautauqua and Erie county, an industrial scale research and 9 development facility in Clinton county, upstate revitalization initi- 10 ative projects, downstate revitalization initiative, market New York 11 projects, fairground buildings, equipment or facilities used to house 12 and promote agriculture, the state fair, the empire state trail, the 13 moynihan station development project, the Kingsbridge armory project, 14 strategic economic development projects, the cultural, arts and public 15 spaces fund, water infrastructure in the city of Auburn and town of 16 Owasco, a life sciences laboratory public health initiative, not-for- 17 profit pounds, shelters and humane societies, arts and cultural facili- 18 ties improvement program, restore New York's communities initiative, 19 heavy equipment, economic development and infrastructure projects, 20 Roosevelt Island operating corporation capital projects, and other state 21 costs associated with such projects. The aggregate principal amount of 22 bonds authorized to be issued pursuant to this section shall not exceed 23 [eight billion three hundred million five hundred ninety thousand] nine 24 billion three hundred one million six hundred thirty-six thousand 25 dollars $9,301,636,000, excluding bonds issued to fund one or more debt 26 service reserve funds, to pay costs of issuance of such bonds, and bonds 27 or notes issued to refund or otherwise repay such bonds or notes previ- 28 ously issued. Such bonds and notes of the dormitory authority and the 29 corporation shall not be a debt of the state, and the state shall not be 30 liable thereon, nor shall they be payable out of any funds other than 31 those appropriated by the state to the dormitory authority and the 32 corporation for principal, interest, and related expenses pursuant to a 33 service contract and such bonds and notes shall contain on the face 34 thereof a statement to such effect. Except for purposes of complying 35 with the internal revenue code, any interest income earned on bond 36 proceeds shall only be used to pay debt service on such bonds. 37 2. Notwithstanding any other provision of law to the contrary, in 38 order to assist the dormitory authority and the corporation in undertak- 39 ing the financing for project costs for the regional economic develop- 40 ment council initiative, the economic transformation program, state 41 university of New York college for nanoscale and science engineering, 42 projects within the city of Buffalo or surrounding environs, the New 43 York works economic development fund, projects for the retention of 44 professional football in western New York, the empire state economic 45 development fund, the clarkson-trudeau partnership, the New York genome 46 center, the cornell university college of veterinary medicine, the olym- 47 pic regional development authority, projects at nano Utica, onondaga 48 county revitalization projects, Binghamton university school of pharma- 49 cy, New York power electronics manufacturing consortium, regional 50 infrastructure projects, New York State Capital Assistance Program for 51 Transportation, infrastructure, and economic development, high tech 52 innovation and economic development infrastructure program, high tech- 53 nology manufacturing projects in Chautauqua and Erie county, an indus- 54 trial scale research and development facility in Clinton county, upstate 55 revitalization initiative projects, downstate revitalization initiative, 56 market New York projects, fairground buildings, equipment or facilitiesS. 1505 37 A. 2005 1 used to house and promote agriculture, the state fair, the empire state 2 trail, the moynihan station development project, the Kingsbridge armory 3 project, strategic economic development projects, the cultural, arts and 4 public spaces fund, water infrastructure in the city of Auburn and town 5 of Owasco, a life sciences laboratory public health initiative, not-for- 6 profit pounds, shelters and humane societies, arts and cultural facili- 7 ties improvement program, restore New York's communities initiative, 8 heavy equipment, economic development and infrastructure projects, 9 Roosevelt Island operating corporation capital projects, and other state 10 costs associated with such projects the director of the budget is hereby 11 authorized to enter into one or more service contracts with the dormito- 12 ry authority and the corporation, none of which shall exceed thirty 13 years in duration, upon such terms and conditions as the director of the 14 budget and the dormitory authority and the corporation agree, so as to 15 annually provide to the dormitory authority and the corporation, in the 16 aggregate, a sum not to exceed the principal, interest, and related 17 expenses required for such bonds and notes. Any service contract entered 18 into pursuant to this section shall provide that the obligation of the 19 state to pay the amount therein provided shall not constitute a debt of 20 the state within the meaning of any constitutional or statutory 21 provision and shall be deemed executory only to the extent of monies 22 available and that no liability shall be incurred by the state beyond 23 the monies available for such purpose, subject to annual appropriation 24 by the legislature. Any such contract or any payments made or to be made 25 thereunder may be assigned and pledged by the dormitory authority and 26 the corporation as security for its bonds and notes, as authorized by 27 this section. 28 § 34. Subdivision (a) of section 1 of part X of chapter 59 of the laws 29 of 2004, authorizing the New York state urban development corporation 30 and the dormitory authority of the state of New York to issue bonds or 31 notes, as amended by section 37-a of part BBB of chapter 59 of the laws 32 of 2018, is amended to read as follows: 33 (a) Subject to the provisions of chapter 59 of the laws of 2000, but 34 notwithstanding any other provision of law to the contrary, the New York 35 State urban development corporation and the dormitory authority of the 36 state of New York are hereby authorized to issue bonds or notes in one 37 or more series in an aggregate principal amount not to exceed 38 [$293,325,000] two hundred forty-three million three hundred twenty-five 39 thousand dollars $243,325,000, excluding bonds issued to finance one or 40 more debt service reserve funds, to pay costs of issuance of such bonds, 41 and bonds or notes issued to refund or otherwise repay such bonds or 42 notes previously issued, for the purpose of financing projects cost of 43 the Empire Opportunity Fund; Rebuilding the Empire State Through Oppor- 44 tunities in Regional Economies (RESTORE) New York Program; and the 45 Community Capital Assistance Program authorized pursuant to Part T of 46 chapter 84 of the laws of 2002. Such bonds and notes of the corporation 47 or the dormitory authority shall not be a debt of the state, and the 48 state shall not be liable thereon, nor shall they be payable out of any 49 funds other than those appropriated by the state to the corporation or 50 the dormitory authority for debt service and related expenses pursuant 51 to any service contract executed pursuant to subdivision (b) of this 52 section and such bonds and notes shall contain on the face thereof a 53 statement to such effect. Except for purposes of complying with the 54 internal revenue code, any interest income earned on bond proceeds shall 55 only be used to pay debt service on such bonds. All of the provisions of 56 the New York state urban development corporation act and the dormitoryS. 1505 38 A. 2005 1 authority act relating to bonds and notes which are not inconsistent 2 with the provisions of this section shall apply to obligations author- 3 ized by this section, including but not limited to the power to estab- 4 lish adequate reserves therefor and to issue renewal notes or refunding 5 bonds thereof. The issuance of any bonds or notes hereunder shall 6 further be subject to the approval of the director of the division of 7 the budget. 8 § 35. Subdivision 3 of section 1285-p of the public authorities law, 9 as amended by section 38 of part BBB of chapter 59 of the laws of 2018, 10 is amended to read as follows: 11 3. The maximum amount of bonds that may be issued for the purpose of 12 financing environmental infrastructure projects authorized by this 13 section shall be [five billion one hundred forty-seven million two14hundred sixty thousand] five billion three hundred eighty-eight million 15 ten thousand dollars $5,388,010,000, exclusive of bonds issued to fund 16 any debt service reserve funds, pay costs of issuance of such bonds, and 17 bonds or notes issued to refund or otherwise repay bonds or notes previ- 18 ously issued. Such bonds and notes of the corporation shall not be a 19 debt of the state, and the state shall not be liable thereon, nor shall 20 they be payable out of any funds other than those appropriated by the 21 state to the corporation for debt service and related expenses pursuant 22 to any service contracts executed pursuant to subdivision one of this 23 section, and such bonds and notes shall contain on the face thereof a 24 statement to such effect. 25 § 36. Subdivision (a) of section 48 of part K of chapter 81 of the 26 laws of 2002, relating to providing for the administration of certain 27 funds and accounts related to the 2002-2003 budget, as amended by 28 section 40 of part BBB of chapter 59 of the laws of 2018, is amended to 29 read as follows: 30 (a) Subject to the provisions of chapter 59 of the laws of 2000 but 31 notwithstanding the provisions of section 18 of the urban development 32 corporation act, the corporation is hereby authorized to issue bonds or 33 notes in one or more series in an aggregate principal amount not to 34 exceed [$253,000,000 two-hundred fifty-three million] two hundred eight- 35 y-six million dollars $286,000,000, excluding bonds issued to fund one 36 or more debt service reserve funds, to pay costs of issuance of such 37 bonds, and bonds or notes issued to refund or otherwise repay such bonds 38 or notes previously issued, for the purpose of financing capital costs 39 related to homeland security and training facilities for the division of 40 state police, the division of military and naval affairs, and any other 41 state agency, including the reimbursement of any disbursements made from 42 the state capital projects fund, and is hereby authorized to issue bonds 43 or notes in one or more series in an aggregate principal amount not to 44 exceed [$748,800,000, seven hundred forty-eight million eight hundred45thousand] $952,800,000 nine hundred fifty-two million eight hundred 46 thousand dollars, excluding bonds issued to fund one or more debt 47 service reserve funds, to pay costs of issuance of such bonds, and bonds 48 or notes issued to refund or otherwise repay such bonds or notes previ- 49 ously issued, for the purpose of financing improvements to State office 50 buildings and other facilities located statewide, including the 51 reimbursement of any disbursements made from the state capital projects 52 fund. Such bonds and notes of the corporation shall not be a debt of the 53 state, and the state shall not be liable thereon, nor shall they be 54 payable out of any funds other than those appropriated by the state to 55 the corporation for debt service and related expenses pursuant to any 56 service contracts executed pursuant to subdivision (b) of this section,S. 1505 39 A. 2005 1 and such bonds and notes shall contain on the face thereof a statement 2 to such effect. 3 § 37. Subdivision 1 of section 386-b of the public authorities law, as 4 amended by section 41 of part BBB of chapter 59 of the laws of 2018, is 5 amended to read as follows: 6 1. Notwithstanding any other provision of law to the contrary, the 7 authority, the dormitory authority and the urban development corporation 8 are hereby authorized to issue bonds or notes in one or more series for 9 the purpose of financing peace bridge projects and capital costs of 10 state and local highways, parkways, bridges, the New York state thruway, 11 Indian reservation roads, and facilities, and transportation infrastruc- 12 ture projects including aviation projects, non-MTA mass transit 13 projects, and rail service preservation projects, including work appur- 14 tenant and ancillary thereto. The aggregate principal amount of bonds 15 authorized to be issued pursuant to this section shall not exceed [four16billion five hundred million dollars $4,500,000,000] four billion six 17 hundred twenty-eight million dollars $4,628,000,000, excluding bonds 18 issued to fund one or more debt service reserve funds, to pay costs of 19 issuance of such bonds, and to refund or otherwise repay such bonds or 20 notes previously issued. Such bonds and notes of the authority, the 21 dormitory authority and the urban development corporation shall not be a 22 debt of the state, and the state shall not be liable thereon, nor shall 23 they be payable out of any funds other than those appropriated by the 24 state to the authority, the dormitory authority and the urban develop- 25 ment corporation for principal, interest, and related expenses pursuant 26 to a service contract and such bonds and notes shall contain on the face 27 thereof a statement to such effect. Except for purposes of complying 28 with the internal revenue code, any interest income earned on bond 29 proceeds shall only be used to pay debt service on such bonds. 30 § 38. Paragraph (c) of subdivision 19 of section 1680 of the public 31 authorities law, as amended by section 42 of part BBB of chapter 59 of 32 the laws of 2018, is amended to read as follows: 33 (c) Subject to the provisions of chapter fifty-nine of the laws of two 34 thousand, the dormitory authority shall not issue any bonds for state 35 university educational facilities purposes if the principal amount of 36 bonds to be issued when added to the aggregate principal amount of bonds 37 issued by the dormitory authority on and after July first, nineteen 38 hundred eighty-eight for state university educational facilities will 39 exceed [thirteen billion one hundred seventy-eight million eight hundred40sixty-four thousand dollars $13,178,864,000] thirteen billion eight 41 hundred forty-one million eight hundred sixty-four thousand dollars 42 $13,841,864,000; provided, however, that bonds issued or to be issued 43 shall be excluded from such limitation if: (1) such bonds are issued to 44 refund state university construction bonds and state university 45 construction notes previously issued by the housing finance agency; or 46 (2) such bonds are issued to refund bonds of the authority or other 47 obligations issued for state university educational facilities purposes 48 and the present value of the aggregate debt service on the refunding 49 bonds does not exceed the present value of the aggregate debt service on 50 the bonds refunded thereby; provided, further that upon certification by 51 the director of the budget that the issuance of refunding bonds or other 52 obligations issued between April first, nineteen hundred ninety-two and 53 March thirty-first, nineteen hundred ninety-three will generate long 54 term economic benefits to the state, as assessed on a present value 55 basis, such issuance will be deemed to have met the present value test 56 noted above. For purposes of this subdivision, the present value of theS. 1505 40 A. 2005 1 aggregate debt service of the refunding bonds and the aggregate debt 2 service of the bonds refunded, shall be calculated by utilizing the true 3 interest cost of the refunding bonds, which shall be that rate arrived 4 at by doubling the semi-annual interest rate (compounded semi-annually) 5 necessary to discount the debt service payments on the refunding bonds 6 from the payment dates thereof to the date of issue of the refunding 7 bonds to the purchase price of the refunding bonds, including interest 8 accrued thereon prior to the issuance thereof. The maturity of such 9 bonds, other than bonds issued to refund outstanding bonds, shall not 10 exceed the weighted average economic life, as certified by the state 11 university construction fund, of the facilities in connection with which 12 the bonds are issued, and in any case not later than the earlier of 13 thirty years or the expiration of the term of any lease, sublease or 14 other agreement relating thereto; provided that no note, including 15 renewals thereof, shall mature later than five years after the date of 16 issuance of such note. The legislature reserves the right to amend or 17 repeal such limit, and the state of New York, the dormitory authority, 18 the state university of New York, and the state university construction 19 fund are prohibited from covenanting or making any other agreements with 20 or for the benefit of bondholders which might in any way affect such 21 right. 22 § 39. Paragraph (c) of subdivision 14 of section 1680 of the public 23 authorities law, as amended by section 43 of part BBB of chapter 59 of 24 the laws of 2018, is amended to read as follows: 25 (c) Subject to the provisions of chapter fifty-nine of the laws of two 26 thousand, (i) the dormitory authority shall not deliver a series of 27 bonds for city university community college facilities, except to refund 28 or to be substituted for or in lieu of other bonds in relation to city 29 university community college facilities pursuant to a resolution of the 30 dormitory authority adopted before July first, nineteen hundred eighty- 31 five or any resolution supplemental thereto, if the principal amount of 32 bonds so to be issued when added to all principal amounts of bonds 33 previously issued by the dormitory authority for city university commu- 34 nity college facilities, except to refund or to be substituted in lieu 35 of other bonds in relation to city university community college facili- 36 ties will exceed the sum of four hundred twenty-five million dollars and 37 (ii) the dormitory authority shall not deliver a series of bonds issued 38 for city university facilities, including community college facilities, 39 pursuant to a resolution of the dormitory authority adopted on or after 40 July first, nineteen hundred eighty-five, except to refund or to be 41 substituted for or in lieu of other bonds in relation to city university 42 facilities and except for bonds issued pursuant to a resolution supple- 43 mental to a resolution of the dormitory authority adopted prior to July 44 first, nineteen hundred eighty-five, if the principal amount of bonds so 45 to be issued when added to the principal amount of bonds previously 46 issued pursuant to any such resolution, except bonds issued to refund or 47 to be substituted for or in lieu of other bonds in relation to city 48 university facilities, will exceed [eight billion three hundred fourteen49million six hundred ninety-one thousand dollars $8,314,691,000] eight 50 billion six hundred seventy-four million two hundred fifty-six thousand 51 dollars $8,674,256,000. The legislature reserves the right to amend or 52 repeal such limit, and the state of New York, the dormitory authority, 53 the city university, and the fund are prohibited from covenanting or 54 making any other agreements with or for the benefit of bondholders which 55 might in any way affect such right.S. 1505 41 A. 2005 1 § 40. Subdivision 10-a of section 1680 of the public authorities law, 2 as amended by section 44 of part BBB of chapter 59 of the laws of 2018, 3 is amended to read as follows: 4 10-a. Subject to the provisions of chapter fifty-nine of the laws of 5 two thousand, but notwithstanding any other provision of the law to the 6 contrary, the maximum amount of bonds and notes to be issued after March 7 thirty-first, two thousand two, on behalf of the state, in relation to 8 any locally sponsored community college, shall be [nine hundred sixty-9eight million five hundred forty-two thousand dollars $968,542,000] one 10 billion five million six hundred two thousand dollars $1,005,602,000. 11 Such amount shall be exclusive of bonds and notes issued to fund any 12 reserve fund or funds, costs of issuance and to refund any outstanding 13 bonds and notes, issued on behalf of the state, relating to a locally 14 sponsored community college. 15 § 41. Subdivision 1 of section 17 of part D of chapter 389 of the laws 16 of 1997, relating to the financing of the correctional facilities 17 improvement fund and the youth facility improvement fund, as amended by 18 section 45 of part BBB of chapter 59 of the laws of 2018, is amended to 19 read as follows: 20 1. Subject to the provisions of chapter 59 of the laws of 2000, but 21 notwithstanding the provisions of section 18 of section 1 of chapter 174 22 of the laws of 1968, the New York state urban development corporation is 23 hereby authorized to issue bonds, notes and other obligations in an 24 aggregate principal amount not to exceed [seven] eight hundred [sixty-25nine] four million six hundred fifteen thousand dollars [($769,615,000)] 26 $804,615,000, which authorization increases the aggregate principal 27 amount of bonds, notes and other obligations authorized by section 40 of 28 chapter 309 of the laws of 1996, and shall include all bonds, notes and 29 other obligations issued pursuant to chapter 211 of the laws of 1990, as 30 amended or supplemented. The proceeds of such bonds, notes or other 31 obligations shall be paid to the state, for deposit in the youth facili- 32 ties improvement fund, to pay for all or any portion of the amount or 33 amounts paid by the state from appropriations or reappropriations made 34 to the office of children and family services from the youth facilities 35 improvement fund for capital projects. The aggregate amount of bonds, 36 notes and other obligations authorized to be issued pursuant to this 37 section shall exclude bonds, notes or other obligations issued to refund 38 or otherwise repay bonds, notes or other obligations theretofore issued, 39 the proceeds of which were paid to the state for all or a portion of the 40 amounts expended by the state from appropriations or reappropriations 41 made to the office of children and family services; provided, however, 42 that upon any such refunding or repayment the total aggregate principal 43 amount of outstanding bonds, notes or other obligations may be greater 44 than [seven] eight hundred [sixty-nine] four million six hundred fifteen 45 thousand dollars [($769,615,000)] $804,615,000, only if the present 46 value of the aggregate debt service of the refunding or repayment bonds, 47 notes or other obligations to be issued shall not exceed the present 48 value of the aggregate debt service of the bonds, notes or other obli- 49 gations so to be refunded or repaid. For the purposes hereof, the pres- 50 ent value of the aggregate debt service of the refunding or repayment 51 bonds, notes or other obligations and of the aggregate debt service of 52 the bonds, notes or other obligations so refunded or repaid, shall be 53 calculated by utilizing the effective interest rate of the refunding or 54 repayment bonds, notes or other obligations, which shall be that rate 55 arrived at by doubling the semi-annual interest rate (compounded semi- 56 annually) necessary to discount the debt service payments on the refund-S. 1505 42 A. 2005 1 ing or repayment bonds, notes or other obligations from the payment 2 dates thereof to the date of issue of the refunding or repayment bonds, 3 notes or other obligations and to the price bid including estimated 4 accrued interest or proceeds received by the corporation including esti- 5 mated accrued interest from the sale thereof. 6 § 42. Paragraph b of subdivision 2 of section 9-a of section 1 of 7 chapter 392 of the laws of 1973, constituting the New York state medical 8 care facilities finance agency act, as amended by section 46 of part BBB 9 of chapter 59 of the laws of 2018, is amended to read as follows: 10 b. The agency shall have power and is hereby authorized from time to 11 time to issue negotiable bonds and notes in conformity with applicable 12 provisions of the uniform commercial code in such principal amount as, 13 in the opinion of the agency, shall be necessary, after taking into 14 account other moneys which may be available for the purpose, to provide 15 sufficient funds to the facilities development corporation, or any 16 successor agency, for the financing or refinancing of or for the design, 17 construction, acquisition, reconstruction, rehabilitation or improvement 18 of mental health services facilities pursuant to paragraph a of this 19 subdivision, the payment of interest on mental health services improve- 20 ment bonds and mental health services improvement notes issued for such 21 purposes, the establishment of reserves to secure such bonds and notes, 22 the cost or premium of bond insurance or the costs of any financial 23 mechanisms which may be used to reduce the debt service that would be 24 payable by the agency on its mental health services facilities improve- 25 ment bonds and notes and all other expenditures of the agency incident 26 to and necessary or convenient to providing the facilities development 27 corporation, or any successor agency, with funds for the financing or 28 refinancing of or for any such design, construction, acquisition, recon- 29 struction, rehabilitation or improvement and for the refunding of mental 30 hygiene improvement bonds issued pursuant to section 47-b of the private 31 housing finance law; provided, however, that the agency shall not issue 32 mental health services facilities improvement bonds and mental health 33 services facilities improvement notes in an aggregate principal amount 34 exceeding [eight billion seven hundred seventy-eight million seven35hundred eleven thousand] nine billion three hundred thirty-three million 36 three hundred eight thousand dollars $9,333,308,000, excluding mental 37 health services facilities improvement bonds and mental health services 38 facilities improvement notes issued to refund outstanding mental health 39 services facilities improvement bonds and mental health services facili- 40 ties improvement notes; provided, however, that upon any such refunding 41 or repayment of mental health services facilities improvement bonds 42 and/or mental health services facilities improvement notes the total 43 aggregate principal amount of outstanding mental health services facili- 44 ties improvement bonds and mental health facilities improvement notes 45 may be greater than [eight billion seven hundred seventy-eight million46seven hundred eleven thousand dollars $8,778,711,000] nine billion three 47 hundred thirty-three million three hundred eight thousand dollars 48 $9,333,308,000, only if, except as hereinafter provided with respect to 49 mental health services facilities bonds and mental health services 50 facilities notes issued to refund mental hygiene improvement bonds 51 authorized to be issued pursuant to the provisions of section 47-b of 52 the private housing finance law, the present value of the aggregate debt 53 service of the refunding or repayment bonds to be issued shall not 54 exceed the present value of the aggregate debt service of the bonds to 55 be refunded or repaid. For purposes hereof, the present values of the 56 aggregate debt service of the refunding or repayment bonds, notes orS. 1505 43 A. 2005 1 other obligations and of the aggregate debt service of the bonds, notes 2 or other obligations so refunded or repaid, shall be calculated by 3 utilizing the effective interest rate of the refunding or repayment 4 bonds, notes or other obligations, which shall be that rate arrived at 5 by doubling the semi-annual interest rate (compounded semi-annually) 6 necessary to discount the debt service payments on the refunding or 7 repayment bonds, notes or other obligations from the payment dates ther- 8 eof to the date of issue of the refunding or repayment bonds, notes or 9 other obligations and to the price bid including estimated accrued 10 interest or proceeds received by the authority including estimated 11 accrued interest from the sale thereof. Such bonds, other than bonds 12 issued to refund outstanding bonds, shall be scheduled to mature over a 13 term not to exceed the average useful life, as certified by the facili- 14 ties development corporation, of the projects for which the bonds are 15 issued, and in any case shall not exceed thirty years and the maximum 16 maturity of notes or any renewals thereof shall not exceed five years 17 from the date of the original issue of such notes. Notwithstanding the 18 provisions of this section, the agency shall have the power and is here- 19 by authorized to issue mental health services facilities improvement 20 bonds and/or mental health services facilities improvement notes to 21 refund outstanding mental hygiene improvement bonds authorized to be 22 issued pursuant to the provisions of section 47-b of the private housing 23 finance law and the amount of bonds issued or outstanding for such 24 purposes shall not be included for purposes of determining the amount of 25 bonds issued pursuant to this section. The director of the budget shall 26 allocate the aggregate principal authorized to be issued by the agency 27 among the office of mental health, office for people with developmental 28 disabilities, and the office of alcoholism and substance abuse services, 29 in consultation with their respective commissioners to finance bondable 30 appropriations previously approved by the legislature. 31 § 43. Subdivision (a) of section 28 of part Y of chapter 61 of the 32 laws of 2005, relating to providing for the administration of certain 33 funds and accounts related to the 2005-2006 budget, as amended by 34 section 49 of part BBB of chapter 59 of the laws of 2018, is amended to 35 read as follows: 36 (a) Subject to the provisions of chapter 59 of the laws of 2000, but 37 notwithstanding any provisions of law to the contrary, one or more 38 authorized issuers as defined by section 68-a of the state finance law 39 are hereby authorized to issue bonds or notes in one or more series in 40 an aggregate principal amount not to exceed [$67,000,000, sixty-seven41million] ninety-two million dollars $92,000,000, excluding bonds issued 42 to finance one or more debt service reserve funds, to pay costs of issu- 43 ance of such bonds, and bonds or notes issued to refund or otherwise 44 repay such bonds or notes previously issued, for the purpose of financ- 45 ing capital projects for public protection facilities in the Division of 46 Military and Naval Affairs, debt service and leases; and to reimburse 47 the state general fund for disbursements made therefor. Such bonds and 48 notes of such authorized issuer shall not be a debt of the state, and 49 the state shall not be liable thereon, nor shall they be payable out of 50 any funds other than those appropriated by the state to such authorized 51 issuer for debt service and related expenses pursuant to any service 52 contract executed pursuant to subdivision (b) of this section and such 53 bonds and notes shall contain on the face thereof a statement to such 54 effect. Except for purposes of complying with the internal revenue code, 55 any interest income earned on bond proceeds shall only be used to pay 56 debt service on such bonds.S. 1505 44 A. 2005 1 § 44. Subdivision 1 of section 386-a of the public authorities law, as 2 amended by section 61 of part BBB of chapter 59 of the laws of 2018, is 3 amended to read as follows: 4 1. Notwithstanding any other provision of law to the contrary, the 5 authority, the dormitory authority and the urban development corporation 6 are hereby authorized to issue bonds or notes in one or more series for 7 the purpose of assisting the metropolitan transportation authority in 8 the financing of transportation facilities as defined in subdivision 9 seventeen of section twelve hundred sixty-one of this chapter. The 10 aggregate principal amount of bonds authorized to be issued pursuant to 11 this section shall not exceed [one billion six hundred ninety-four12million dollars $1,694,000,000] two billion seventy-nine million eight 13 hundred fifty-six thousand dollars $2,079,856,000, excluding bonds 14 issued to fund one or more debt service reserve funds, to pay costs of 15 issuance of such bonds, and to refund or otherwise repay such bonds or 16 notes previously issued. Such bonds and notes of the authority, the 17 dormitory authority and the urban development corporation shall not be a 18 debt of the state, and the state shall not be liable thereon, nor shall 19 they be payable out of any funds other than those appropriated by the 20 state to the authority, the dormitory authority and the urban develop- 21 ment corporation for principal, interest, and related expenses pursuant 22 to a service contract and such bonds and notes shall contain on the face 23 thereof a statement to such effect. Except for purposes of complying 24 with the internal revenue code, any interest income earned on bond 25 proceeds shall only be used to pay debt service on such bonds. 26 § 45. Subdivision 1 of section 50 of section 1 of chapter 174 of the 27 laws of 1968, constituting the New York state urban development corpo- 28 ration act, as amended by section 42 of part XXX of chapter 59 of the 29 laws of 2017, is amended to read as follows: 30 1. Notwithstanding the provisions of any other law to the contrary, 31 the dormitory authority and the urban development corporation are hereby 32 authorized to issue bonds or notes in one or more series for the purpose 33 of funding project costs undertaken by or on behalf of special act 34 school districts, state-supported schools for the blind and deaf, 35 approved private special education schools, non-public schools, communi- 36 ty centers, day care facilities, and other state costs associated with 37 such capital projects. The aggregate principal amount of bonds author- 38 ized to be issued pursuant to this section shall not exceed [fifty-five39million dollars] one hundred ten million dollars $110,000,000, excluding 40 bonds issued to fund one or more debt service reserve funds, to pay 41 costs of issuance of such bonds, and bonds or notes issued to refund or 42 otherwise repay such bonds or notes previously issued. Such bonds and 43 notes of the dormitory authority and the urban development corporation 44 shall not be a debt of the state, and the state shall not be liable 45 thereon, nor shall they be payable out of any funds other than those 46 appropriated by the state to the dormitory authority and the urban 47 development corporation for principal, interest, and related expenses 48 pursuant to a service contract and such bonds and notes shall contain on 49 the face thereof a statement to such effect. Except for purposes of 50 complying with the internal revenue code, any interest income earned on 51 bond proceeds shall only be used to pay debt service on such bonds. 52 § 46. Section 1 of chapter 174 of the laws of 1968, constituting the 53 New York state urban development corporation act, is amended by adding a 54 new section 53 to read as follows: 55 § 53. 1. Notwithstanding the provisions of any other law to the 56 contrary, the dormitory authority and the urban development corporationS. 1505 45 A. 2005 1 are hereby authorized to issue bonds or notes in one or more series for 2 the purpose of funding project costs for the acquisition of equipment, 3 including but not limited to the creation or modernization of informa- 4 tion technology systems and related research and development equipment, 5 health and safety equipment, heavy equipment and machinery, the creation 6 or improvement of security systems, and laboratory equipment and other 7 state costs associated with such capital projects. The aggregate princi- 8 pal amount of bonds authorized to be issued pursuant to this section 9 shall not exceed ninety-three million dollars $93,000,000, excluding 10 bonds issued to fund one or more debt service reserve funds, to pay 11 costs of issuance of such bonds, and bonds or notes issued to refund or 12 otherwise repay such bonds or notes previously issued. Such bonds and 13 notes of the dormitory authority and the urban development corporation 14 shall not be a debt of the state, and the state shall not be liable 15 thereon, nor shall they be payable out of any funds other than those 16 appropriated by the state to the dormitory authority and the urban 17 development corporation for principal, interest, and related expenses 18 pursuant to a service contract and such bonds and notes shall contain on 19 the face thereof a statement to such effect. Except for purposes of 20 complying with the internal revenue code, any interest income earned on 21 bond proceeds shall only be used to pay debt service on such bonds. 22 2. Notwithstanding any other provision of law to the contrary, in 23 order to assist the dormitory authority and the urban development corpo- 24 ration in undertaking the financing for project costs for the acquisi- 25 tion of equipment, including but not limited to the creation or modern- 26 ization of information technology systems and related research and 27 development equipment, health and safety equipment, heavy equipment and 28 machinery, the creation or improvement of security systems, and labora- 29 tory equipment and other state costs associated with such capital 30 projects, the director of the budget is hereby authorized to enter into 31 one or more service contracts with the dormitory authority and the urban 32 development corporation, none of which shall exceed thirty years in 33 duration, upon such terms and conditions as the director of the budget 34 and the dormitory authority and the urban development corporation agree, 35 so as to annually provide to the dormitory authority and the urban 36 development corporation, in the aggregate, a sum not to exceed the prin- 37 cipal, interest, and related expenses required for such bonds and notes. 38 Any service contract entered into pursuant to this section shall provide 39 that the obligation of the state to pay the amount therein provided 40 shall not constitute a debt of the state within the meaning of any 41 constitutional or statutory provision and shall be deemed executory only 42 to the extent of monies available and that no liability shall be 43 incurred by the state beyond the monies available for such purpose, 44 subject to annual appropriation by the legislature. Any such contract or 45 any payments made or to be made thereunder may be assigned and pledged 46 by the dormitory authority and the urban development corporation as 47 security for its bonds and notes, as authorized by this section. 48 § 47. Subdivision 2 and paragraph (a) of subdivision 4 of section 49 1680-q of the public authorities law, as added by section 4 of part B of 50 chapter 57 of the laws of 2013, are amended to read as follows: 51 2. The authority may, from and after April first, two thousand thir- 52 teen, issue dormitory facility revenue bonds in an amount not to exceed 53 [nine hundred forty-four] one billion three hundred ninety-four million 54 dollars. Notwithstanding any other rule or law, such bonds shall not be 55 a debt of the state of New York or the state university nor shall the 56 state or the state university be liable thereon, nor shall they be paya-S. 1505 46 A. 2005 1 ble out of any funds other than those of the authority constituting 2 dormitory facilities revenues. Such amount shall be exclusive of bonds 3 and notes issued to fund any reserve fund or funds, cost of issuance, 4 original issue premium, and to refund any prior dormitory facility bonds 5 or any dormitory facility revenue bonds. The authority and the state 6 university are hereby authorized to enter into agreements relating to, 7 among other things, the acquisition of property or interests therein, 8 the construction, reconstruction, rehabilitation, improvement, equipping 9 and furnishing of dormitory facilities, the operation and maintenance of 10 dormitory facilities, and the billing, collection and disbursement of 11 dormitory facilities revenues, the title to which has been conveyed, 12 assigned or otherwise transferred to the authority pursuant to paragraph 13 y of subdivision two of section three hundred fifty-five of the educa- 14 tion law. In no event shall the state university have any obligation 15 under the agreement to make payment with respect to, on account of or to 16 pay dormitory facilities revenue bonds, and such bonds shall be payable 17 solely from the dormitory facilities revenues assigned to the authority 18 by the state university. No debt shall be contracted except to finance 19 capital works or purposes. Notwithstanding any other provision of law, 20 dormitory facility revenues shall not be deemed to be revenues of the 21 state. Notwithstanding any other rule or law, the state shall not be 22 liable for any payments on any dormitory facility revenue bonds, and 23 such bonds shall not be a debt of the state and shall not be payable out 24 of any funds other than the dormitory facilities revenues assigned to 25 the authority by the state university. 26 (a) The dormitory authority, in consultation with the state university 27 of New York, shall prepare an annual report due on September thirtieth, 28 commencing on September thirtieth, two thousand fourteen, of every 29 calendar year relating to the provisions of paragraph y of subdivision 30 two of section three hundred fifty-five of the education law [as added31by a chapter of the laws of two thousand thirteen which added this32section]; subdivision eight of section three hundred fifty-five of the 33 education law [as amended by a chapter of the laws of two thousand thir-34teen which added this section]; and this section. The report shall 35 include, but not be limited to: (i) the total dormitory facilities 36 revenues assigned or otherwise transferred from the state university of 37 New York to the dormitory authority in the prior state university fiscal 38 year and the sum of such transfers made in the five prior fiscal years; 39 (ii) the sum of monies, if any, transferred to the state university of 40 New York from the dormitory facilities revenue fund in the prior state 41 university fiscal year; (iii) a list of any increase in rents, fees and 42 other charges that relate to dormitory facilities per campus to 43 students; (iv) a summary of all costs associated with the construction, 44 reconstruction, rehabilitation, improvement, equipping, furnishing, 45 repair, maintenance and operations of dormitory facilities that the 46 dormitory authority funded with dormitory facilities revenues and the 47 proceeds of dormitory facility revenue bonds; (v) a summary and justi- 48 fication of dormitory authority administrative expenses and costs 49 incurred related to the dormitory facilities revenue fund; (vi) the 50 issuance amounts, debt service costs and savings, if any, of all state 51 university of New York dormitory bonds issued prior to April first, two 52 thousand thirteen and refinanced by the dormitory authority with dormi- 53 tory facility revenue bonds; (vii) total amount of debt service payments 54 made per year on dormitory facility revenue bonds; and (viii) an esti- 55 mated date when the dormitory authority will reach the [nine hundred56forty-four million dollar] cap on dormitory facility revenue bonds.S. 1505 47 A. 2005 1 § 48. Paragraphs b and f of subdivision 3 of section 9 of section 1 of 2 chapter 359 of the laws of 1968 constituting the facilities development 3 corporation act, paragraph b as amended by chapter 236 of the laws of 4 2005 and paragraph f as amended by chapter 58 of the laws of 1987, are 5 amended and a new paragraph g is added to read as follows: 6 b. All monies of the corporation received or accepted pursuant to 7 paragraph a of this subdivision, other than appropriations and advances 8 from the state and except as otherwise authorized or provided in this 9 section, shall be paid to the commissioner of taxation and finance as 10 agent of the corporation, who shall not commingle such monies with any 11 other monies. Such monies shall be deposited in two or more separate 12 bank accounts. One of such accounts, to which shall be credited (i) all 13 payments made on or after January 1, 1964, for the care, maintenance and 14 treatment of patients in every mental hygiene facility, other than a 15 community mental health and retardation facility, (ii) all payments made 16 to the corporation as rentals, lease payments, permit fees or otherwise 17 under any lease, sublease or agreement undertaken with respect to a 18 community mental health and retardation facility or a current or former 19 mental hygiene facility, (iii) all payments made to the corporation for 20 the purchase of real property held by the corporation for the use of the 21 department, other than payments derived from New York state medical care 22 facilities finance agency financing or refinancing of the design, 23 construction, acquisition, reconstruction, rehabilitation, improvement 24 or renovation of state operated mental hygiene facilities, (iv) all 25 income from investments and (v) all monies received or to be received 26 for the purposes of such account on a recurring basis, shall be denomi- 27 nated the "mental hygiene facilities improvement fund income account". 28 The monies in any account shall be paid out on checks signed by the 29 commissioner of taxation and finance on requisition of the chairman of 30 the corporation or of such other officer or employee or officers or 31 employees as the corporation shall authorize to make such requisition. 32 All deposits of such money shall, if required by the commissioner of 33 taxation and finance or the directors of the corporation, be secured by 34 obligations of the United States or of the state of a market value equal 35 at all times to the amount of the deposit and all banks and trust compa- 36 nies are authorized to give such security for such deposits. Any moneys 37 of the corporation not required for immediate use or disbursement may, 38 at the discretion of the corporation, be invested by the commissioner of 39 taxation and finance in accordance with the provisions of section 98-a 40 of the state finance law. [When the corporation is no longer required to41make any rental payments under any lease, sublease or agreement entered42into with the state housing finance agency in effect as of the effective43date of this amendment to this paragraph, all monies received or44accepted pursuant to paragraph a of this subdivision, other than appro-45priations and advances from the state and except as otherwise authorized46or provided in this section, shall be deposited into the mental health47services fund established by section 97-f of the state finance law. Any48monies remaining in the mental hygiene facilities improvement fund49income account and in any rental reserve account created pursuant to50paragraph c of subdivision 4 of this section, when such lease, sublease51or agreement is no longer in effect shall be deposited in the mental52health services fund.] The mental hygiene facilities improvement fund 53 and the income account therein shall remain in existence until termi- 54 nated by the corporation by written notice to the commissioner of taxa- 55 tion and finance. Any moneys on deposit in the mental hygiene facilities 56 improvement fund or the income account therein upon the termination ofS. 1505 48 A. 2005 1 said fund and account shall be transferred by the commissioner of taxa- 2 tion and finance to the mental health services fund. The corporation 3 shall not terminate the mental hygiene facilities improvement fund and 4 the income account therein until all mental health services facilities 5 bonds issued pursuant to: (i) the New York state medical care facilities 6 finance agency act; (ii) article five-c of the state finance law; and 7 (iii) article five-f of the state finance law and payable from the 8 income account as described in paragraph g of this subdivision are no 9 longer outstanding. 10 f. The directors of the corporation shall from time to time, but in no 11 event later than the fifteenth day of each month pay over to the commis- 12 sioner of taxation and finance and the state comptroller for deposit in 13 the mental health services fund, all monies of the corporation in excess 14 of the aggregate amount of money required to be maintained on deposit in 15 the mental hygiene facilities improvement fund income account pursuant 16 to [paragraph] paragraphs e and g of this subdivision. Prior to making 17 any such payment, the chairman of the corporation shall, on behalf of 18 the directors, make and deliver to the governor and the director of the 19 budget his certificate stating the aggregate amount to be maintained on 20 deposit in the mental hygiene facilities improvement fund income account 21 to comply in full with the provisions of [paragraph e] paragraphs e and 22 g of this subdivision. 23 g. (1) In addition to the amount required to be maintained by para- 24 graph e of this subdivision, there shall be accumulated and set aside in 25 each month in the mental hygiene facilities improvement fund income 26 account, all receipts associated with loans, leases and other agreements 27 with voluntary agencies. The corporation shall provide the amount of 28 such receipts to be set aside to the commissioner of taxation and 29 finance in each month. (2) No later than five days prior to the earlier 30 of when payment is to be made on bonds issued for mental health services 31 facilities purposes pursuant to: (i) the New York state medical care 32 facilities finance agency act; (ii) article five-C of the state finance 33 law; and (iii) article five-F of the state finance law, such set-aside 34 receipts shall be transferred by the commissioner of taxation and 35 finance as agent of the corporation from the mental hygiene facilities 36 improvement fund income account in the amounts set forth in schedules 37 provided by the corporation to the commissioner of taxation and finance 38 in the following priority: first, to the trustee appointed by the New 39 York state medical care facilities finance agency for the bonds issued 40 pursuant to the New York state medical care facilities finance agency 41 act for both voluntary agency and state purposes to pay debt service and 42 other cash requirements due on such bonds on the relevant payment date, 43 second, any remaining amount of such set-aside receipts to the trustee 44 appointed by authorized issuers for the bonds issued pursuant to article 45 five-C of the state finance law to pay debt service and other cash 46 requirements due on such bonds on the relevant payment date and third, 47 any remaining amount of such set-aside to the trustee appointed by 48 authorized issuers for the bonds issued pursuant to article five-F of 49 the state finance law to pay debt service and other cash requirements 50 due on such bonds on the relevant payment date. 51 § 49. Subdivisions 5 and 8 of section 97-f of the state finance law, 52 subdivision 5 as amended by section 15 of part BBB of chapter 59 of the 53 laws of 2018 and subdivision 8 as amended by section 59 of part HH of 54 chapter 57 of the laws of 2013, are amended and a new subdivision 9 is 55 added to read as follows:S. 1505 49 A. 2005 1 5. The comptroller shall from time to time, but in no event later than 2 the fifteenth day of each month, pay over for deposit in the mental 3 hygiene general fund state operations account all moneys in the mental 4 health services fund in excess of the amount of money required to be 5 maintained on deposit in the mental health services fund. [The] Subject 6 to subdivision nine of this section, the amount required to be main- 7 tained in such fund shall be (i) twenty percent of the amount of the 8 next payment coming due relating to the mental health services facili- 9 ties improvement program under any agreement between the facilities 10 development corporation and the New York state medical care facilities 11 finance agency multiplied by the number of months from the date of the 12 last such payment with respect to payments under any such agreement 13 required to be made semi-annually, plus (ii) those amounts specified in 14 any such agreement with respect to payments required to be made other 15 than semi-annually, including for variable rate bonds, interest rate 16 exchange or similar agreements or other financing arrangements permitted 17 by law. [Prior to making any such payment, the comptroller shall make18and deliver to the director of the budget and the chairmen of the facil-19ities development corporation and the New York state medical care facil-20ities finance agency, a certificate stating the aggregate amount to be21maintained on deposit in the mental health services fund to comply in22full with the provisions of this subdivision.] Concurrently with the 23 making of any such payment, the facilities development corporation shall 24 deliver to the comptroller, the director of the budget and the New York 25 state medical care facilities finance agency a certificate stating the 26 aggregate amount to be maintained on deposit in the mental health 27 services fund to comply in full with the provisions of this subdivision. 28 8. In addition to the amounts required to be maintained on deposit in 29 the mental health services fund pursuant to subdivision five of this 30 section and subject to subdivision nine of this section, the fund shall 31 maintain on deposit an amount equal to the debt service and other cash 32 requirements on mental health services facilities bonds issued by 33 authorized issuers pursuant to sections sixty-eight-b and sixty-nine-n 34 of this chapter. The amount required to be maintained in such fund shall 35 be (i) twenty percent of the amount of the next payment coming due 36 relating to mental health services facilities bonds issued by an author- 37 ized issuer multiplied by the number of months from the date of the last 38 such payment with respect to payments required to be made semi-annually, 39 plus (ii) those amounts specified in any financing agreement between the 40 issuer and the state, acting through the director of the budget, with 41 respect to payments required to be made other than semi-annually, 42 including for variable rate bonds, interest rate exchange or similar 43 agreements or other financing arrangements permitted by law. [Prior to44making any such payment, the comptroller shall make and deliver to the45director of the budget and the chairmen of the facilities development46corporation and the New York state medical care facilities finance agen-47cy, a certificate stating the aggregate amount to be maintained on48deposit in the mental health services fund to comply in full with the49provisions of this subdivision.] Concurrently with the making of any 50 such payment, the facilities development corporation shall deliver to 51 the comptroller, the director of the budget and the New York state 52 medical care facilities finance agency a certificate stating the aggre- 53 gate amount to be maintained on deposit in the mental health services 54 fund to comply in full with the provisions of this subdivision. 55 No later than five days prior to the payment to be made by the state 56 comptroller on such mental health services facilities bonds pursuant toS. 1505 50 A. 2005 1 sections ninety-two-z and ninety-two-h of this article, the amount of 2 such payment shall be transferred by the state comptroller from the 3 mental health services fund to the revenue bond tax fund established by 4 section ninety-two-z of this article and the sales tax revenue bond fund 5 established by section ninety-two-h of this article. The accumulation of 6 moneys pursuant to this subdivision and subsequent transfer to the 7 revenue bond tax fund and the sales tax revenue bond fund shall be 8 subordinate in all respects to payments to be made to the New York state 9 medical care facilities finance agency and to any pledge or assignment 10 pursuant to subdivision six of this section. 11 9. In determining the amounts required to be maintained in the mental 12 health services fund under subdivisions five and eight of this section 13 in each month, the amount of receipts associated with loans, leases and 14 other agreements with voluntary agencies accumulated and set aside in 15 the mental hygiene facilities improvement fund income account under 16 paragraph g of subdivision three of section nine of the facilities 17 development corporation act shall be taken into account as a credit but 18 only if such crediting does not result in the amounts required to be 19 maintained in the mental health services fund exclusive of any credit to 20 be less than the amount required under subdivision five of this section 21 in each month. 22 § 50. This act shall take effect immediately and shall be deemed to 23 have been in full force and effect on and after April 1, 2019; provided, 24 however, that the provisions of sections one, two, three, four, five, 25 six, seven, eight, thirteen, fourteen, fifteen, sixteen, seventeen, 26 eighteen, nineteen, twenty, twenty-two, twenty-three, and twenty-four of 27 this act shall expire March 31, 2020 when upon such date the provisions 28 of such sections shall be deemed repealed. 29 PART L 30 Section 1. Section 4 of chapter 22 of the laws of 2014, relating to 31 expanding opportunities for service-disabled veteran-owned business 32 enterprises, is amended to read as follows: 33 § 4. This act shall take effect immediately; provided, however, that 34 sections one, one-a and two of this act shall expire and be deemed 35 repealed March 31, [2019] 2024; and provided, further, however, that the 36 amendments to subdivisions 7 and 15 of section 310 of the executive law 37 made by section three of this act shall not affect the expiration of 38 such section and shall be deemed to expire therewith. 39 § 2. This act shall take effect immediately and shall be deemed to 40 have been in full force and effect on and after April 1, 2019. 41 PART M 42 Section 1. Subdivision 2 of section 87 of the workers' compensation 43 law, as added by section 20 of part GG of chapter 57 of the laws of 44 2013, is amended to read as follows: 45 2. Any of the surplus funds belonging to the state insurance fund, by 46 order of the commissioners, approved by the superintendent of financial 47 services, may be invested (1) in the types of securities described in 48 subdivisions one, two, three, four, five, six, eleven, twelve, twelve-a, 49 thirteen, fourteen, fifteen, nineteen, twenty, twenty-one, twenty-one-a, 50 twenty-four, twenty-four-a, twenty-four-b, twenty-four-c and twenty-five 51 of section two hundred thirty-five of the banking law , or (2) in the 52 types of obligations described in paragraph two of subsection (a) ofS. 1505 51 A. 2005 1 section one thousand four hundred four of the insurance law except that 2 up to twenty-five percent of surplus funds may be invested in obli- 3 gations rated investment grade by a nationally recognized securities 4 rating organization, or[,] (3) up to fifty percent of surplus funds, in 5 the types of securities or investments described in paragraphs [two,] 6 three, eight and ten of subsection (a) of section one thousand four 7 hundred four of the insurance law, except that [up to ten percent of8surplus funds may be invested] investments in [the securities of any9solvent American institution as described in such paragraphs] diversi- 10 fied index funds and accounts may be made irrespective of the rating [of11such institution's obligations] or other similar qualitative standards 12 [described therein, and] applicable under such paragraphs, or (4) up to 13 ten percent of surplus funds, in the types of securities or investments 14 described in paragraphs two, three and ten of subsection (a) of section 15 one thousand four hundred four of the insurance law irrespective of the 16 rating of such institution's obligations or other similar qualitative 17 standard, or (5) up to fifteen percent of surplus funds in securities or 18 investments which do not otherwise qualify for investment under this 19 section as shall be made with the care, prudence and diligence under the 20 circumstances then prevailing that a prudent person acting in a like 21 capacity and familiar with such matters would use in the conduct of an 22 enterprise of a like character and with like aims as provided for the 23 state insurance fund under this article, but shall not include any 24 direct derivative instrument or derivative transaction except for hedg- 25 ing purposes. Notwithstanding any other provision in this subdivision, 26 the aggregate amount that the state insurance fund may invest in the 27 types of securities or investments described in paragraphs three, eight 28 and ten of subsection (a) of section one thousand four hundred four of 29 the insurance law and as a prudent person acting in a like capacity 30 would invest as provided in this subdivision shall not exceed fifty 31 percent of such surplus funds. For the purposes of this subdivision, any 32 funds appropriated pursuant to the provisions of subdivision one or two 33 of section eighty-seven-f of this article shall not be considered 34 surplus funds. 35 § 2. This act shall take effect immediately. 36 PART N 37 Section 1. Paragraph (a) of subdivision 5 of section 54 of the work- 38 ers' compensation law, as amended by chapter 469 of the laws of 2017, is 39 amended to read as follows: 40 (a) Cancellation and termination of insurance contracts. No contract 41 of insurance issued by an insurance carrier against liability arising 42 under this chapter shall be cancelled within the time limited in such 43 contract for its expiration unless notice is given as required by this 44 section. When cancellation is due to non-payment of premiums [and45assessments], such cancellation shall not be effective until at least 46 ten days after a notice of cancellation of such contract, on a date 47 specified in such notice, shall be filed in the office of the chair and 48 also served on the employer. When cancellation is due to any reason 49 other than non-payment of premiums and assessments, such cancellation 50 shall not be effective until at least thirty days after a notice of 51 cancellation of such contract, on a date specified in such notice, shall 52 be filed in the office of the chair and also served on the employer; 53 provided, however, in either case, that if the employer has secured 54 insurance with another insurance carrier which becomes effective priorS. 1505 52 A. 2005 1 to the expiration of the time stated in such notice, the cancellation 2 shall be effective as of the date of such other coverage. No insurer 3 shall refuse to renew any policy insuring against liability arising 4 under this chapter unless at least thirty days prior to its expiration 5 notice of intention not to renew has been filed in the office of the 6 chair and also served on the employer. 7 Such notice shall be served on the employer by delivering it to him, 8 her or it or by sending it by mail, by certified or registered letter, 9 return receipt requested, addressed to the employer at his, her or its 10 last known place of business; provided that, if the employer be a part- 11 nership, then such notice may be so given to any of one of the partners, 12 and if the employer be a corporation then the notice may be given to any 13 agent or officer of the corporation upon whom legal process may be 14 served; and further provided that an employer may designate any person 15 or entity at any address to receive such notice including the desig- 16 nation of one person or entity to receive notice on behalf of multiple 17 entities insured under one insurance policy and that service of notice 18 at the address so designated upon the person or entity so designated by 19 delivery or by mail, by certified or registered letter, return receipt 20 requested, shall satisfy the notice requirement of this section. 21 [Provided, however, the] The right to cancellation of a policy of insur- 22 ance in the state insurance fund, however, shall be exercised only for 23 non-payment of premiums and assessments, or failure by the employer to 24 cooperate with a payroll audit, or as provided in section ninety-four of 25 this chapter. The state insurance fund may cancel a policy for the 26 employer's failure to cooperate with a payroll audit if the employer 27 fails (i) either to make or keep an appointment during regular business 28 hours with a payroll auditor, after the state insurance fund has made at 29 least two attempts to arrange an appointment including contacting the 30 employer's broker or accountant, if any, or (ii) to furnish business 31 records in the course of a payroll audit as required pursuant to 32 sections ninety-five and one hundred thirty-one of this chapter. At 33 least fifteen days in advance of sending a notice of cancellation for 34 failure to cooperate with a payroll audit, the state insurance fund 35 shall send a warning notice to the employer in the same manner as 36 provided in this subdivision for serving a notice of cancellation. Such 37 notice shall specify a means of contacting the sate insurance fund to 38 set up an audit appointment. The state insurance fund will be required 39 to provide only one such warning notice to an employer related to any 40 particular payroll audit prior to cancellation. 41 The provisions of this subdivision shall not apply with respect to 42 policies containing coverage pursuant to subsection (j) of section three 43 thousand four hundred twenty of the insurance law relating to every 44 policy providing comprehensive personal liability insurance on a one, 45 two, three or four family owner-occupied dwelling. 46 In the event such cancellation or termination notice is not filed with 47 the chair within the required time period, the chair shall impose a 48 penalty in the amount of up to five hundred dollars for each ten-day 49 period the insurance carrier or state insurance fund failed to file the 50 notification. All penalties collected pursuant to this subdivision shall 51 be deposited in the uninsured employers' fund. 52 § 2. Section 93 of the workers' compensation law, as amended by 53 section 24 of part GG of chapter 57 of the laws of 2013, is amended to 54 read as follows: 55 § 93. Collection of premium in case of default. a. If a policyholder 56 shall default in any payment required to be made by [him] such policy-S. 1505 53 A. 2005 1 holder to the state insurance fund or shall fail to cooperate with a 2 payroll audit as specified in subdivision five of section fifty-four of 3 this chapter, after due notice, [his] such policyholder's insurance in 4 the state insurance fund may be cancelled and the amount due from [him] 5 such policyholder shall be collected by civil action brought against 6 [him] such policyholder in any county wherein the state insurance fund 7 maintains an office in the name of the commissioners of the state insur- 8 ance fund and the same, when collected, shall be paid into the state 9 insurance fund, and such policyholder's compliance with the provisions 10 of this chapter requiring payments to be made to the state insurance 11 fund shall date from the time of the payment of said money to the state 12 insurance fund. 13 b. An employer, whose policy of insurance has been cancelled by the 14 state insurance fund for non-payment of premium, or failure to cooperate 15 with a payroll audit, and assessments or [withdraws] cancelled pursuant 16 to section ninety-four of this article, is ineligible to contract for a 17 subsequent policy of insurance with the state insurance fund [while] 18 until the state insurance fund receives full cooperation from such 19 employer in completing any payroll audit on the cancelled policy and the 20 billed premium on the cancelled policy [remains uncollected] is paid, 21 including any additional amounts billed following the completion of any 22 payroll audit. 23 c. The state insurance fund shall not be required to write a policy of 24 insurance for any employer which is owned or controlled or the majority 25 interest of which is owned or controlled, directly or indirectly, by any 26 person who directly or indirectly owns or controls or owned or 27 controlled at the time of cancellation an employer whose former policy 28 of insurance with the state insurance fund was cancelled for non-payment 29 of premium [and assessments], or for failure to cooperate with a payroll 30 audit, or [withdraws] cancelled pursuant to section ninety-four of this 31 article, or who is or was at the time of cancellation the president, 32 vice-president, secretary or treasurer of such an employer until the 33 state insurance fund receives full cooperation from such employer in 34 completing any payroll audit and the billed premium on the cancelled 35 policy is paid, including any additional amounts billed following the 36 completion of any payroll audit. 37 For purposes of this subdivision, "person" [shall include individuals,38partnerships, corporations, and other associations] means any individ- 39 ual, firm, company, partnership, corporation, limited liability company, 40 joint venture, joint-stock association, association, trust or any other 41 legal entity whatsoever. 42 d. For the purposes of this section, the word "premium" includes all 43 amounts required to be paid to the state insurance fund including any 44 assessment by the workers' compensation board that the state insurance 45 fund bills to an employer. 46 § 3. Section 95 of the workers' compensation law, as amended by chap- 47 ter 135 of the laws of 1998, is amended to read as follows: 48 § 95. Record and audit of payrolls. (1) Every employer who is insured 49 in the state insurance fund shall keep a true and accurate record of the 50 number of [his] its employees, the classification of its employees, 51 information regarding employee accidents and the wages paid by [him] 52 such employer, as well as such records relating to any person performing 53 services under a subcontract with such employer who is not covered under 54 the subcontractor's own workers' compensation insurance policy, and 55 shall furnish, upon demand, a sworn statement of the same. Such record 56 and any other records of an employer containing such informationS. 1505 54 A. 2005 1 pertaining to any policy period including, but not limited to, any 2 payroll book, payroll and distribution records, cash book, check book, 3 bank account statements, commission records, ledgers, journals, regis- 4 ters, vouchers, contracts, tax returns and reports, and computer 5 programs for retrieving data, certificates of insurance pertaining to 6 subcontractors and any other business records specified by the rules of 7 the board shall be open to inspection by the state insurance fund at any 8 time and as often as may be necessary to verify the number of employees 9 [and], the amount of the payroll, the classification of employees and 10 information regarding employee accidents. Any employer who shall fail 11 to keep [such] any record required in this section, who shall willfully 12 fail to furnish such record or who shall willfully falsify any such 13 record[,] shall be guilty of a misdemeanor and subject to a fine of not 14 less than five thousand dollars nor more than ten thousand dollars in 15 addition to any other penalties otherwise provided by law, except that 16 any such employer that has previously been subject to criminal penalties 17 under this section within the prior ten years shall be guilty of a class 18 E felony, and subject to a fine of not less than ten thousand dollars 19 nor more than twenty-five thousand dollars in addition to any penalties 20 otherwise provided by law. 21 (2) Employers subject to [subdivision] subsection (e) of section two 22 thousand three hundred four of the insurance law and subdivision two of 23 section eighty-nine of this article shall keep a true and accurate 24 record of hours worked for all construction classification employees. 25 The willful failure to keep such record, or the knowing falsification of 26 any such record, may be prosecuted as insurance fraud in accordance with 27 the provisions of section 176.05 of the penal law. 28 § 4. Subdivision 1 of section 131 of the workers' compensation law, as 29 amended by chapter 6 of the laws of 2007, is amended to read as follows: 30 (1) Every employer subject to the provisions of this chapter shall 31 keep a true and accurate record of the number of [his or her] its 32 employees, the classification of its employees, information regarding 33 employee accidents and the wages paid by [him or her] such employer for 34 a period of four years after each entry therein, [which] as well as such 35 records relating to any person performing services under a subcontract 36 of such employer that is not covered under the subcontractor's own work- 37 ers' compensation insurance policy. Such records shall be open to 38 inspection at any time, and as often as may be necessary to verify the 39 same by investigators of the board, by the authorized auditors, account- 40 ants or inspectors of the carrier with whom the employer is insured, or 41 by the authorized auditors, accountants or inspectors of any workers' 42 compensation insurance rating board or bureau operating under the 43 authority of the insurance law and of which board or bureau such carrier 44 is a member or the group trust of which the employer is a member. Any 45 and all records required by law to be kept by such employer upon which 46 the employer makes or files a return concerning wages paid to employees 47 and any other records of an employer containing such information 48 pertaining to any policy period including, but not limited to, any 49 payroll book, payroll and distribution records, cash book, check book, 50 bank account statements, commission records, ledgers, journals, regis- 51 ters, vouchers, contracts, tax returns and reports, and computer 52 programs for retrieving data, certificates of insurance pertaining to 53 subcontractors and any other business records specified by the rules of 54 the board shall form part of the records described in this section and 55 shall be open to inspection in the same manner as provided in this 56 section. Any employer who shall fail to keep such records, who shallS. 1505 55 A. 2005 1 willfully fail to furnish such record as required in this section or who 2 shall falsify any such records, shall be guilty of a misdemeanor and 3 subject to a fine of not less than five nor more than ten thousand 4 dollars in addition to any other penalties otherwise provided by law, 5 except that any such employer that has previously been subject to crimi- 6 nal penalties under this section within the prior ten years shall be 7 guilty of a class E felony, and subject to a fine of not less than ten 8 nor more than twenty-five thousand dollars in addition to any penalties 9 otherwise provided by law. 10 § 5. This act shall take effect on the ninetieth day after it shall 11 have become a law and shall be applicable to policies issued or renewed 12 after such date. 13 PART O 14 Section 1. Section 2 of chapter 887 of the laws of 1983, amending the 15 correction law relating to the psychological testing of candidates, as 16 amended by section 1 of part A of chapter 55 of the laws of 2017, is 17 amended to read as follows: 18 § 2. This act shall take effect on the one hundred eightieth day after 19 it shall have become a law and shall remain in effect until September 1, 20 [2019] 2021. 21 § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu- 22 tive law and the criminal procedure law relating to expanding the 23 geographic area of employment of certain police officers, as amended by 24 section 2 of part A of chapter 55 of the laws of 2017, is amended to 25 read as follows: 26 § 3. This act shall take effect on the first day of November next 27 succeeding the date on which it shall have become a law, and shall 28 remain in effect until the first day of September, [2019] 2021, when it 29 shall expire and be deemed repealed. 30 § 3. Section 3 of chapter 886 of the laws of 1972, amending the 31 correction law and the penal law relating to prisoner furloughs in 32 certain cases and the crime of absconding therefrom, as amended by 33 section 3 of part A of chapter 55 of the laws of 2017, is amended to 34 read as follows: 35 § 3. This act shall take effect 60 days after it shall have become a 36 law and shall remain in effect until September 1, [2019] 2021. 37 § 4. Section 20 of chapter 261 of the laws of 1987, amending chapters 38 50, 53 and 54 of the laws of 1987, the correction law, the penal law and 39 other chapters and laws relating to correctional facilities, as amended 40 by section 4 of part A of chapter 55 of the laws of 2017, is amended to 41 read as follows: 42 § 20. This act shall take effect immediately except that section thir- 43 teen of this act shall expire and be of no further force or effect on 44 and after September 1, [2019] 2021 and shall not apply to persons 45 committed to the custody of the department after such date, and provided 46 further that the commissioner of corrections and community supervision 47 shall report each January first and July first during such time as the 48 earned eligibility program is in effect, to the chairmen of the senate 49 crime victims, crime and correction committee, the senate codes commit- 50 tee, the assembly correction committee, and the assembly codes commit- 51 tee, the standards in effect for earned eligibility during the prior 52 six-month period, the number of inmates subject to the provisions of 53 earned eligibility, the number who actually received certificates of 54 earned eligibility during that period of time, the number of inmatesS. 1505 56 A. 2005 1 with certificates who are granted parole upon their first consideration 2 for parole, the number with certificates who are denied parole upon 3 their first consideration, and the number of individuals granted and 4 denied parole who did not have earned eligibility certificates. 5 § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992, 6 amending the tax law and other laws relating to taxes, surcharges, fees 7 and funding, as amended by section 5 of part A of chapter 55 of the laws 8 of 2017, is amended to read as follows: 9 (q) the provisions of section two hundred eighty-four of this act 10 shall remain in effect until September 1, [2019] 2021 and be applicable 11 to all persons entering the program on or before August 31, [2019] 2021. 12 § 6. Section 10 of chapter 339 of the laws of 1972, amending the 13 correction law and the penal law relating to inmate work release, 14 furlough and leave, as amended by section 6 of part A of chapter 55 of 15 the laws of 2017, is amended to read as follows: 16 § 10. This act shall take effect 30 days after it shall have become a 17 law and shall remain in effect until September 1, [2019] 2021, and 18 provided further that the commissioner of correctional services shall 19 report each January first, and July first, to the chairman of the senate 20 crime victims, crime and correction committee, the senate codes commit- 21 tee, the assembly correction committee, and the assembly codes commit- 22 tee, the number of eligible inmates in each facility under the custody 23 and control of the commissioner who have applied for participation in 24 any program offered under the provisions of work release, furlough, or 25 leave, and the number of such inmates who have been approved for partic- 26 ipation. 27 § 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994 28 relating to certain provisions which impact upon expenditure of certain 29 appropriations made by chapter 50 of the laws of 1994 enacting the state 30 operations budget, as amended by section 7 of part A of chapter 55 of 31 the laws of 2017, is amended to read as follows: 32 (c) sections forty-one and forty-two of this act shall expire Septem- 33 ber 1, [2019] 2021; provided, that the provisions of section forty-two 34 of this act shall apply to inmates entering the work release program on 35 or after such effective date; and 36 § 8. Subdivision h of section 74 of chapter 3 of the laws of 1995, 37 amending the correction law and other laws relating to the incarceration 38 fee, as amended by section 8 of part A of chapter 55 of the laws of 39 2017, is amended to read as follows: 40 h. Section fifty-two of this act shall be deemed to have been in full 41 force and effect on and after April 1, 1995; provided, however, that the 42 provisions of section 189 of the correction law, as amended by section 43 fifty-five of this act, subdivision 5 of section 60.35 of the penal law, 44 as amended by section fifty-six of this act, and section fifty-seven of 45 this act shall expire September 1, [2019] 2021, when upon such date the 46 amendments to the correction law and penal law made by sections fifty- 47 five and fifty-six of this act shall revert to and be read as if the 48 provisions of this act had not been enacted; provided, however, that 49 sections sixty-two, sixty-three and sixty-four of this act shall be 50 deemed to have been in full force and effect on and after March 1, 1995 51 and shall be deemed repealed April 1, 1996 and upon such date the 52 provisions of subsection (e) of section 9110 of the insurance law and 53 subdivision 2 of section 89-d of the state finance law shall revert to 54 and be read as set out in law on the date immediately preceding the 55 effective date of sections sixty-two and sixty-three of this act;S. 1505 57 A. 2005 1 § 9. Subdivision (c) of section 49 of subpart A of part C of chapter 2 62 of the laws of 2011 amending the correction law and the executive law 3 relating to merging the department of correctional services and division 4 of parole into the department of corrections and community supervision, 5 as amended by section 9 of part A of chapter 55 of the laws of 2017, is 6 amended to read as follows: 7 (c) that the amendments to subdivision 9 of section 201 of the 8 correction law as added by section thirty-two of this act shall remain 9 in effect until September 1, [2019] 2021, when it shall expire and be 10 deemed repealed; 11 § 10. Subdivision (aa) of section 427 of chapter 55 of the laws of 12 1992, amending the tax law and other laws relating to taxes, surcharges, 13 fees and funding, as amended by section 10 of part A of chapter 55 of 14 the laws of 2017, is amended to read as follows: 15 (aa) the provisions of sections three hundred eighty-two, three 16 hundred eighty-three and three hundred eighty-four of this act shall 17 expire on September 1, [2019] 2021; 18 § 11. Section 12 of chapter 907 of the laws of 1984, amending the 19 correction law, the New York city criminal court act and the executive 20 law relating to prison and jail housing and alternatives to detention 21 and incarceration programs, as amended by section 11 of part A of chap- 22 ter 55 of the laws of 2017, is amended to read as follows: 23 § 12. This act shall take effect immediately, except that the 24 provisions of sections one through ten of this act shall remain in full 25 force and effect until September 1, [2019] 2020 on which date those 26 provisions shall be deemed to be repealed. 27 § 12. Subdivision (p) of section 406 of chapter 166 of the laws of 28 1991, amending the tax law and other laws relating to taxes, as amended 29 by section 12 of part A of chapter 55 of the laws of 2017, is amended to 30 read as follows: 31 (p) The amendments to section 1809 of the vehicle and traffic law made 32 by sections three hundred thirty-seven and three hundred thirty-eight of 33 this act shall not apply to any offense committed prior to such effec- 34 tive date; provided, further, that section three hundred forty-one of 35 this act shall take effect immediately and shall expire November 1, 1993 36 at which time it shall be deemed repealed; sections three hundred 37 forty-five and three hundred forty-six of this act shall take effect 38 July 1, 1991; sections three hundred fifty-five, three hundred fifty- 39 six, three hundred fifty-seven and three hundred fifty-nine of this act 40 shall take effect immediately and shall expire June 30, 1995 and shall 41 revert to and be read as if this act had not been enacted; section three 42 hundred fifty-eight of this act shall take effect immediately and shall 43 expire June 30, 1998 and shall revert to and be read as if this act had 44 not been enacted; section three hundred sixty-four through three hundred 45 sixty-seven of this act shall apply to claims filed on or after such 46 effective date; sections three hundred sixty-nine, three hundred seven- 47 ty-two, three hundred seventy-three, three hundred seventy-four, three 48 hundred seventy-five and three hundred seventy-six of this act shall 49 remain in effect until September 1, [2019] 2021, at which time they 50 shall be deemed repealed; provided, however, that the mandatory 51 surcharge provided in section three hundred seventy-four of this act 52 shall apply to parking violations occurring on or after said effective 53 date; and provided further that the amendments made to section 235 of 54 the vehicle and traffic law by section three hundred seventy-two of this 55 act, the amendments made to section 1809 of the vehicle and traffic law 56 by sections three hundred thirty-seven and three hundred thirty-eight ofS. 1505 58 A. 2005 1 this act and the amendments made to section 215-a of the labor law by 2 section three hundred seventy-five of this act shall expire on September 3 1, [2019] 2021 and upon such date the provisions of such subdivisions 4 and sections shall revert to and be read as if the provisions of this 5 act had not been enacted; the amendments to subdivisions 2 and 3 of 6 section 400.05 of the penal law made by sections three hundred seventy- 7 seven and three hundred seventy-eight of this act shall expire on July 8 1, 1992 and upon such date the provisions of such subdivisions shall 9 revert and shall be read as if the provisions of this act had not been 10 enacted; the state board of law examiners shall take such action as is 11 necessary to assure that all applicants for examination for admission to 12 practice as an attorney and counsellor at law shall pay the increased 13 examination fee provided for by the amendment made to section 465 of the 14 judiciary law by section three hundred eighty of this act for any exam- 15 ination given on or after the effective date of this act notwithstanding 16 that an applicant for such examination may have prepaid a lesser fee for 17 such examination as required by the provisions of such section 465 as of 18 the date prior to the effective date of this act; the provisions of 19 section 306-a of the civil practice law and rules as added by section 20 three hundred eighty-one of this act shall apply to all actions pending 21 on or commenced on or after September 1, 1991, provided, however, that 22 for the purposes of this section service of such summons made prior to 23 such date shall be deemed to have been completed on September 1, 1991; 24 the provisions of section three hundred eighty-three of this act shall 25 apply to all money deposited in connection with a cash bail or a 26 partially secured bail bond on or after such effective date; and the 27 provisions of sections three hundred eighty-four and three hundred 28 eighty-five of this act shall apply only to jury service commenced 29 during a judicial term beginning on or after the effective date of this 30 act; provided, however, that nothing contained herein shall be deemed to 31 affect the application, qualification, expiration or repeal of any 32 provision of law amended by any section of this act and such provisions 33 shall be applied or qualified or shall expire or be deemed repealed in 34 the same manner, to the same extent and on the same date as the case may 35 be as otherwise provided by law; 36 § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as 37 amended by section 13 of part A of chapter 55 of the laws of 2017, is 38 amended to read as follows: 39 8. The provisions of this section shall only apply to offenses commit- 40 ted on or before September first, two thousand [nineteen] twenty-one. 41 § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi- 42 cle and traffic law relating to the ignition interlock device program, 43 as amended by section 14 of part A of chapter 55 of the laws of 2017, is 44 amended to read as follows: 45 § 6. This act shall take effect on the first day of April next 46 succeeding the date on which it shall have become a law; provided, 47 however, that effective immediately, the addition, amendment or repeal 48 of any rule or regulation necessary for the implementation of the fore- 49 going sections of this act on their effective date is authorized and 50 directed to be made and completed on or before such effective date and 51 shall remain in full force and effect until the first day of September, 52 [2019] 2021 when upon such date the provisions of this act shall be 53 deemed repealed. 54 § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the 55 laws of 1997, amending the military law and other laws relating to vari-S. 1505 59 A. 2005 1 ous provisions, as amended by section 15 of part A of chapter 55 of the 2 laws of 2017, is amended to read as follows: 3 a. sections forty-three through forty-five of this act shall expire 4 and be deemed repealed on September 1, [2019] 2021; 5 § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending 6 the civil practice law and rules and the court of claims act relating to 7 prisoner litigation reform, as amended by section 16 of part A of chap- 8 ter 55 of the laws of 2017, is amended to read as follows: 9 § 4. This act shall take effect 120 days after it shall have become a 10 law and shall remain in full force and effect until September 1, [2019] 11 2021, when upon such date it shall expire. 12 § 17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994, 13 constituting the family protection and domestic violence intervention 14 act of 1994, as amended by section 17 of part A of chapter 55 of the 15 laws of 2017, is amended to read as follows: 16 2. Subdivision 4 of section 140.10 of the criminal procedure law as 17 added by section thirty-two of this act shall take effect January 1, 18 1996 and shall expire and be deemed repealed on September 1, [2019] 19 2021. 20 § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim- 21 inal procedure law relating to the use of closed-circuit television and 22 other protective measures for certain child witnesses, as amended by 23 section 18 of part A of chapter 55 of the laws of 2017, is amended to 24 read as follows: 25 § 5. This act shall take effect immediately and shall apply to all 26 criminal actions and proceedings commenced prior to the effective date 27 of this act but still pending on such date as well as all criminal 28 actions and proceedings commenced on or after such effective date and 29 its provisions shall expire on September 1, [2019] 2021, when upon such 30 date the provisions of this act shall be deemed repealed. 31 § 19. Subdivision d of section 74 of chapter 3 of the laws of 1995, 32 enacting the sentencing reform act of 1995, as amended by section 19 of 33 part A of chapter 55 of the laws of 2017, is amended to read as follows: 34 d. Sections one-a through twenty, twenty-four through twenty-eight, 35 thirty through thirty-nine, forty-two and forty-four of this act shall 36 be deemed repealed on September 1, [2019] 2021; 37 § 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi- 38 nal procedure law relating to electronic court appearance in certain 39 counties, as amended by section 20 of part A of chapter 55 of the laws 40 of 2017, is amended to read as follows: 41 § 2. This act shall take effect immediately, except that the 42 provisions of this act shall be deemed to have been in full force and 43 effect since July 1, 1992 and the provisions of this act shall expire 44 September 1, [2019] 2021 when upon such date the provisions of this act 45 shall be deemed repealed. 46 § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec- 47 utive law relating to enacting the interstate compact for adult offender 48 supervision, as amended by section 21 of part A of chapter 55 of the 49 laws of 2017, is amended to read as follows: 50 § 3. This act shall take effect immediately, except that section one 51 of this act shall take effect on the first of January next succeeding 52 the date on which it shall have become a law, and shall remain in effect 53 until the first of September, [2019] 2021, upon which date this act 54 shall be deemed repealed and have no further force and effect; provided 55 that section one of this act shall only take effect with respect to any 56 compacting state which has enacted an interstate compact entitledS. 1505 60 A. 2005 1 "Interstate compact for adult offender supervision" and having an iden- 2 tical effect to that added by section one of this act and provided 3 further that with respect to any such compacting state, upon the effec- 4 tive date of section one of this act, section 259-m of the executive law 5 is hereby deemed REPEALED and section 259-mm of the executive law, as 6 added by section one of this act, shall take effect; and provided 7 further that with respect to any state which has not enacted an inter- 8 state compact entitled "Interstate compact for adult offender super- 9 vision" and having an identical effect to that added by section one of 10 this act, section 259-m of the executive law shall take effect and the 11 provisions of section one of this act, with respect to any such state, 12 shall have no force or effect until such time as such state shall adopt 13 an interstate compact entitled "Interstate compact for adult offender 14 supervision" and having an identical effect to that added by section one 15 of this act in which case, with respect to such state, effective imme- 16 diately, section 259-m of the executive law is deemed repealed and 17 section 259-mm of the executive law, as added by section one of this 18 act, shall take effect. 19 § 22. Section 8 of part H of chapter 56 of the laws of 2009, amending 20 the correction law relating to limiting the closing of certain correc- 21 tional facilities, providing for the custody by the department of 22 correctional services of inmates serving definite sentences, providing 23 for custody of federal prisoners and requiring the closing of certain 24 correctional facilities, as amended by section 22 of part A of chapter 25 55 of the laws of 2017, is amended to read as follows: 26 § 8. This act shall take effect immediately; provided, however that 27 sections five and six of this act shall expire and be deemed repealed 28 September 1, [2019] 2021. 29 § 23. Section 3 of part C of chapter 152 of the laws of 2001 amending 30 the military law relating to military funds of the organized militia, as 31 amended by section 3 of part O of chapter 55 of the laws of 2018, is 32 amended to read as follows: 33 § 3. This act shall take effect immediately; provided however that the 34 amendments made to subdivision 1 of section 221 of the military law by 35 section two of this act shall expire and be deemed repealed September 1, 36 [2019] 2021. 37 § 24. Section 5 of chapter 554 of the laws of 1986, amending the 38 correction law and the penal law relating to providing for community 39 treatment facilities and establishing the crime of absconding from the 40 community treatment facility, as amended by section 24 of part A of 41 chapter 55 of the laws of 2017, is amended to read as follows: 42 § 5. This act shall take effect immediately and shall remain in full 43 force and effect until September 1, [2019] 2021, and provided further 44 that the commissioner of correctional services shall report each January 45 first and July first during such time as this legislation is in effect, 46 to the chairmen of the senate crime victims, crime and correction 47 committee, the senate codes committee, the assembly correction commit- 48 tee, and the assembly codes committee, the number of individuals who are 49 released to community treatment facilities during the previous six-month 50 period, including the total number for each date at each facility who 51 are not residing within the facility, but who are required to report to 52 the facility on a daily or less frequent basis. 53 § 25. Section 2 of part F of chapter 55 of the laws of 2018, amending 54 the criminal procedure law relating to pre-criminal proceeding settle- 55 ments in the city of New York, is amended to read as follows:S. 1505 61 A. 2005 1 § 2. This act shall take effect immediately and shall remain in full 2 force and effect until March 31, [2019] 2021, when it shall expire and 3 be deemed repealed. 4 § 26. This act shall take effect immediately, provided however that 5 section twenty-five of this act shall be deemed to have been in full 6 force and effect on and after March 31, 2019. 7 PART P 8 Section 1. Paragraph (f) of subdivision 3 of section 30.10 of the 9 criminal procedure law, as separately amended by chapters 3 and 320 of 10 the laws of 2006, is amended to read as follows: 11 (f) For purposes of a prosecution involving a sexual offense as 12 defined in article one hundred thirty of the penal law, other than a 13 sexual offense delineated in paragraph (a) of subdivision two of this 14 section, committed against a child less than eighteen years of age, 15 incest in the first, second or third degree as defined in sections 16 255.27, 255.26 and 255.25 of the penal law committed against a child 17 less than eighteen years of age, or use of a child in a sexual perform- 18 ance as defined in section 263.05 of the penal law, the period of limi- 19 tation shall not begin to run until the child has reached the age of 20 [eighteen] twenty-three or the offense is reported to a law enforcement 21 agency or statewide central register of child abuse and maltreatment, 22 whichever occurs earlier. 23 § 2. The opening paragraph of section 208 of the civil practice law 24 and rules is designated subdivision (a) and a new subdivision (b) is 25 added to read as follows: 26 (b) Notwithstanding any provision of law which imposes a period of 27 limitation to the contrary, with respect to all civil claims or causes 28 of action brought by any person for physical, psychological or other 29 injury or condition suffered by such person as a result of conduct which 30 would constitute a sexual offense as defined in article one hundred 31 thirty of the penal law committed against such person who was less than 32 eighteen years of age, incest as defined in section 255.27, 255.26 or 33 255.25 of the penal law committed against such person who was less than 34 eighteen years of age, or the use of such person in a sexual performance 35 as defined in section 263.05 of the penal law, or a predecessor statute 36 that prohibited such conduct at the time of the act, which conduct was 37 committed against such person who was less than eighteen years of age, 38 such action may be commenced, against any party whose intentional or 39 negligent acts or omissions are alleged to have resulted in the commis- 40 sion of said conduct, on or before the plaintiff or infant plaintiff 41 reaches the age of fifty years. In any such claim or action, in addition 42 to any other defense and affirmative defense that may be available in 43 accordance with law, rule or the common law, to the extent that the acts 44 alleged in such action are of the type described in subdivision one of 45 section 130.30 of the penal law or subdivision one of section 130.45 of 46 the penal law, the affirmative defenses set forth, respectively, in the 47 closing paragraph of such section of the penal law shall apply. 48 § 3. The civil practice law and rules is amended by adding a new 49 section 214-g to read as follows: 50 § 214-g. Certain child sexual abuse cases. Notwithstanding any 51 provision of law which imposes a period of limitation to the contrary, 52 every civil claim or cause of action brought against any party alleging 53 intentional or negligent acts or omissions by a person for physical, 54 psychological, or other injury or condition suffered as a result ofS. 1505 62 A. 2005 1 conduct which would constitute a sexual offense as defined in article 2 one hundred thirty of the penal law committed against a child less than 3 eighteen years of age, incest as defined in section 255.27, 255.26 or 4 255.25 of the penal law committed against a child less than eighteen 5 years of age, or the use of a child in a sexual performance as defined 6 in section 263.05 of the penal law, or a predecessor statute that 7 prohibited such conduct at the time of the act, which conduct was 8 committed against a child less than eighteen years of age, which is 9 barred as of the effective date of this section because the applicable 10 period of limitation has expired is hereby revived, and action thereon 11 may be commenced not earlier than six months after, and not later than 12 one year and six months after the effective date of this section. In any 13 such claim or action, in addition to any other defense and affirmative 14 defense that may be available in accordance with law, rule or the common 15 law, to the extent that the acts alleged in such action are of the type 16 described in subdivision one of section 130.30 of the penal law or 17 subdivision one of section 130.45 of the penal law, the affirmative 18 defenses set forth, respectively, in the closing paragraph of such 19 section of the penal law shall apply. 20 § 4. Subdivision (a) of rule 3403 of the civil practice law and rules 21 is amended by adding a new paragraph 7 to read as follows: 22 7. any action which has been revived pursuant to section two hundred 23 fourteen-g of this chapter. 24 § 5. Subdivision 8 of section 50-e of the general municipal law, as 25 amended by chapter 24 of the laws of 1988, is amended to read as 26 follows: 27 8. Inapplicability of section. (a) This section shall not apply to 28 claims arising under the provisions of the workers' compensation law, 29 the volunteer firefighters' benefit law, or the volunteer ambulance 30 workers' benefit law or to claims against public corporations by their 31 own infant wards. 32 (b) This section shall not apply to any claim made for physical, 33 psychological, or other injury or condition suffered as a result of 34 conduct which would constitute a sexual offense as defined in article 35 one hundred thirty of the penal law committed against a child less than 36 eighteen years of age, incest as defined in section 255.27, 255.26 or 37 255.25 of the penal law committed against a child less than eighteen 38 years of age, or the use of a child in a sexual performance as defined 39 in section 263.05 of the penal law committed against a child less than 40 eighteen years of age. 41 § 6. Section 50-i of the general municipal law is amended by adding a 42 new subdivision 5 to read as follows: 43 5. Notwithstanding any provision of law to the contrary, this section 44 shall not apply to any claim made against a city, county, town, village, 45 fire district or school district for physical, psychological, or other 46 injury or condition suffered as a result of conduct which would consti- 47 tute a sexual offense as defined in article one hundred thirty of the 48 penal law committed against a child less than eighteen years of age, 49 incest as defined in section 255.27, 255.26 or 255.25 of the penal law 50 committed against a child less than eighteen years of age, or the use of 51 a child in a sexual performance as defined in section 263.05 of the 52 penal law committed against a child less than eighteen years of age. 53 § 7. Section 10 of the court of claims act is amended by adding a new 54 subdivision 10 to read as follows: 55 10. Notwithstanding any provision of law to the contrary, this section 56 shall not apply to any claim to recover damages for physical, psycholog-S. 1505 63 A. 2005 1 ical, or other injury or condition suffered as a result of conduct which 2 would constitute a sexual offense as defined in article one hundred 3 thirty of the penal law committed against a child less than eighteen 4 years of age, incest as defined in section 255.27, 255.26 or 255.25 of 5 the penal law committed against a child less than eighteen years of age, 6 or the use of a child in a sexual performance as defined in section 7 263.05 of the penal law committed against a child less than eighteen 8 years of age. 9 § 8. Subdivision 2 of section 3813 of the education law, as amended by 10 chapter 346 of the laws of 1978, is amended to read as follows: 11 2. Notwithstanding anything to the contrary hereinbefore contained in 12 this section, no action or special proceeding founded upon tort shall be 13 prosecuted or maintained against any of the parties named in this 14 section or against any teacher or member of the supervisory or adminis- 15 trative staff or employee where the alleged tort was committed by such 16 teacher or member or employee acting in the discharge of his duties 17 within the scope of his employment and/or under the direction of the 18 board of education, trustee or trustees, or governing body of the school 19 unless a notice of claim shall have been made and served in compliance 20 with section fifty-e of the general municipal law. Every such action 21 shall be commenced pursuant to the provisions of section fifty-i of the 22 general municipal law; provided, however, that this section shall not 23 apply to any claim to recover damages for physical, psychological, or 24 other injury or condition suffered as a result of conduct which would 25 constitute a sexual offense as defined in article one hundred thirty of 26 the penal law committed against a child less than eighteen years of age, 27 incest as defined in section 255.27, 255.26 or 255.25 of the penal law 28 committed against a child less than eighteen years of age, or the use of 29 a child in a sexual performance as defined in section 263.05 of the 30 penal law committed against a child less than eighteen years of age. 31 § 9. Section 219-c of the judiciary law, as added by chapter 506 of 32 the laws of 2011, is amended to read as follows: 33 § 219-c. Crimes involving sexual assault and the sexual abuse of 34 minors; judicial training. The office of court administration shall 35 provide training for judges and justices with respect to crimes involv- 36 ing sexual assault, and the sexual abuse of minors. 37 § 10. The judiciary law is amended by adding a new section 219-d to 38 read as follows: 39 § 219-d. Rules reviving certain actions; sexual offenses against chil- 40 dren. The chief administrator of the courts shall promulgate rules for 41 the timely adjudication of revived actions brought pursuant to section 42 two hundred fourteen-g of the civil practice law and rules. 43 § 11. The provisions of this act shall be severable, and if any 44 clause, sentence, paragraph, subdivision or part of this act shall be 45 adjudged by any court of competent jurisdiction to be invalid, such 46 judgment shall not affect, impair, or invalidate the remainder thereof, 47 but shall be confined in its operation to the clause, sentence, para- 48 graph, subdivision or part thereof directly involved in the controversy 49 in which such judgment shall have been rendered. 50 § 12. This act shall take effect immediately; except that section nine 51 of this act shall take effect six months after this act shall have 52 become a law; provided, however, that training for cases brought pursu- 53 ant to section 214-g of the civil practice law and rules, as added by 54 section three of this act, shall commence three months after this act 55 shall have become a law; and section ten of this act shall take effect 56 three months after this act shall have become a law.S. 1505 64 A. 2005 1 PART Q 2 Section 1. Paragraph (a) of subdivision 1 of section 125.25 of the 3 penal law, as amended by chapter 791 of the laws of 1967, is amended to 4 read as follows: 5 (a) The defendant acted under the influence of extreme emotional 6 disturbance for which there was a reasonable explanation or excuse, the 7 reasonableness of which is to be determined from the viewpoint of a 8 person in the defendant's situation under the circumstances as the 9 defendant believed them to be. For purposes of determining whether the 10 defendant acted under the influence of extreme emotional disturbance, 11 the explanation or excuse for such extreme emotional disturbance is not 12 reasonable if it resulted from the discovery of, knowledge about, or 13 potential disclosure of the victim's actual or perceived gender, gender 14 identity, gender expression, or sexual orientation. Nothing in this 15 paragraph shall preclude the jury from considering all relevant facts to 16 determine the defendant's actual belief. Nothing contained in this para- 17 graph shall constitute a defense to a prosecution for, or preclude a 18 conviction of, manslaughter in the first degree or any other crime; or 19 § 2. This act shall take effect immediately. 20 PART R 21 Section 1. Section 60.42 of the criminal procedure law, as added by 22 chapter 230 of the laws of 1975 and subdivision 3 as amended by chapter 23 264 of the laws of 2003, is amended to read as follows: 24 § 60.42 Rules of evidence; admissibility of evidence of victim's sexual 25 conduct in sex offense cases. 26 Evidence of a victim's sexual conduct shall not be admissible in a 27 prosecution for an offense or an attempt to commit an offense defined in 28 article one hundred thirty or in section 230.34 of the penal law unless 29 such evidence: 30 1. proves or tends to prove specific instances of the victim's prior 31 sexual conduct with the accused; or 32 2. [proves or tends to prove that the victim has been convicted of an33offense under section 230.00 of the penal law within three years prior34to the sex offense which is the subject of the prosecution; or353.] rebuts evidence introduced by the people of the victim's failure 36 to engage in sexual intercourse, oral sexual conduct, anal sexual 37 conduct or sexual contact during a given period of time; or 38 [4.] 3. rebuts evidence introduced by the people which proves or tends 39 to prove that the accused is the cause of pregnancy or disease of the 40 victim, or the source of semen found in the victim; or 41 [5.] 4. is determined by the court after an offer of proof by the 42 accused outside the hearing of the jury, or such hearing as the court 43 may require, and a statement by the court of its findings of fact essen- 44 tial to its determination, to be relevant and admissible in the inter- 45 ests of justice. 46 § 2. This act shall take effect immediately. 47 PART S 48 Section 1. The penal law is amended by adding a new section 245.15 to 49 read as follows: 50 § 245.15 Unlawful dissemination or publication of an intimate image.S. 1505 65 A. 2005 1 1. A person is guilty of unlawful dissemination or publication of an 2 intimate image when: 3 (a) with intent to cause material harm to the emotional, financial or 4 physical welfare of another person, he or she intentionally disseminates 5 or publishes a still or video image of such other person, who is iden- 6 tifiable from the still or video image itself or from information 7 displayed in connection with the still or video image, without such 8 other person's consent, which depicts: 9 (i) an unclothed or exposed intimate part of such other person; or 10 (ii) such other person engaging in sexual conduct as defined in subdi- 11 vision ten of section 130.00 of this chapter with another person; and 12 (b) such still or video image was taken under circumstances when the 13 person depicted had a reasonable expectation of privacy and the actor 14 knew or reasonably should have known the person depicted intended for 15 the still or video image to remain private indefinitely, regardless of 16 whether the actor was present when the still or video image was taken. 17 2. For purposes of this section "intimate part" means the naked geni- 18 tals, pubic area, anus or female nipple of the person. 19 2-a. For purposes of this section "disseminate" and "publish" shall 20 have the same meaning as defined in section 250.40 of this title. 21 3. This section shall not apply to the following: 22 (a) the reporting of unlawful conduct; 23 (b) dissemination or publication of an intimate image made during 24 lawful and common practices of law enforcement, legal proceedings or 25 medical treatment; 26 (c) images involving voluntary exposure in a commercial setting; 27 (d) dissemination or publication of an intimate image made for a 28 legitimate public purpose; 29 (e) providers of an interactive computer service for images provided 30 by another person. For purposes of this subdivision, "interactive 31 computer service" shall mean: any information service, system or access 32 software provider that provides or enables computer access by multiple 33 users to a computer server, including specifically a service or system 34 that provides access to the internet and such systems operated or 35 services offered by libraries or educational institutions. 36 Unlawful dissemination or publication of an intimate image is a class 37 A misdemeanor. 38 § 2. The opening paragraph of subdivision 1 of section 530.11 of the 39 criminal procedure law, as amended by section 4 of part NN of chapter 55 40 of the laws of 2018, is amended to read as follows: 41 The family court and the criminal courts shall have concurrent juris- 42 diction over any proceeding concerning acts which would constitute 43 disorderly conduct, unlawful dissemination or publication of an intimate 44 image, harassment in the first degree, harassment in the second degree, 45 aggravated harassment in the second degree, sexual misconduct, forcible 46 touching, sexual abuse in the third degree, sexual abuse in the second 47 degree as set forth in subdivision one of section 130.60 of the penal 48 law, stalking in the first degree, stalking in the second degree, stalk- 49 ing in the third degree, stalking in the fourth degree, criminal 50 mischief, menacing in the second degree, menacing in the third degree, 51 reckless endangerment, strangulation in the first degree, strangulation 52 in the second degree, criminal obstruction of breathing or blood circu- 53 lation, assault in the second degree, assault in the third degree, an 54 attempted assault, identity theft in the first degree, identity theft in 55 the second degree, identity theft in the third degree, grand larceny in 56 the fourth degree, grand larceny in the third degree, coercion in theS. 1505 66 A. 2005 1 second degree or coercion in the third degree as set forth in subdivi- 2 sions one, two and three of section 135.60 of the penal law between 3 spouses or former spouses, or between parent and child or between 4 members of the same family or household except that if the respondent 5 would not be criminally responsible by reason of age pursuant to section 6 30.00 of the penal law, then the family court shall have exclusive 7 jurisdiction over such proceeding. Notwithstanding a complainant's 8 election to proceed in family court, the criminal court shall not be 9 divested of jurisdiction to hear a family offense proceeding pursuant to 10 this section. For purposes of this section, "disorderly conduct" 11 includes disorderly conduct not in a public place. For purposes of this 12 section, "members of the same family or household" with respect to a 13 proceeding in the criminal courts shall mean the following: 14 § 3. The opening paragraph of subdivision 1 of section 812 of the 15 family court act, as amended by section 5 of part NN of chapter 55 of 16 the laws of 2018, is amended to read as follows: 17 The family court and the criminal courts shall have concurrent juris- 18 diction over any proceeding concerning acts which would constitute 19 disorderly conduct, unlawful dissemination or publication of an intimate 20 image, harassment in the first degree, harassment in the second degree, 21 aggravated harassment in the second degree, sexual misconduct, forcible 22 touching, sexual abuse in the third degree, sexual abuse in the second 23 degree as set forth in subdivision one of section 130.60 of the penal 24 law, stalking in the first degree, stalking in the second degree, stalk- 25 ing in the third degree, stalking in the fourth degree, criminal 26 mischief, menacing in the second degree, menacing in the third degree, 27 reckless endangerment, criminal obstruction of breathing or blood circu- 28 lation, strangulation in the second degree, strangulation in the first 29 degree, assault in the second degree, assault in the third degree, an 30 attempted assault, identity theft in the first degree, identity theft in 31 the second degree, identity theft in the third degree, grand larceny in 32 the fourth degree, grand larceny in the third degree, coercion in the 33 second degree or coercion in the third degree as set forth in subdivi- 34 sions one, two and three of section 135.60 of the penal law between 35 spouses or former spouses, or between parent and child or between 36 members of the same family or household except that if the respondent 37 would not be criminally responsible by reason of age pursuant to section 38 30.00 of the penal law, then the family court shall have exclusive 39 jurisdiction over such proceeding. Notwithstanding a complainant's 40 election to proceed in family court, the criminal court shall not be 41 divested of jurisdiction to hear a family offense proceeding pursuant to 42 this section. In any proceeding pursuant to this article, a court shall 43 not deny an order of protection, or dismiss a petition, solely on the 44 basis that the acts or events alleged are not relatively contemporaneous 45 with the date of the petition, the conclusion of the fact-finding or the 46 conclusion of the dispositional hearing. For purposes of this article, 47 "disorderly conduct" includes disorderly conduct not in a public place. 48 For purposes of this article, "members of the same family or household" 49 shall mean the following: 50 § 4. The civil rights law is amended by adding a new section 52-b to 51 read as follows: 52 § 52-b. Private right of action for unlawful dissemination or publica- 53 tion of an intimate image. 1. a. Any website or internet service provid- 54 er that hosts or transmits a still or video image, viewable in this 55 state, taken under circumstances where the person depicted had a reason- 56 able expectation of privacy, which depicts:S. 1505 67 A. 2005 1 (i) an unclothed or exposed intimate part, as defined in section 2 245.15 of the penal law, of a resident of this state; or 3 (ii) a resident of this state engaging in sexual conduct as defined in 4 subdivision ten of section 130.00 of the penal law with another person; 5 and 6 b. Such still or video image is hosted or transmitted without the 7 consent of such resident of this state, shall be subject to personal 8 jurisdiction in a civil action in this state to the maximum extent 9 permitted under the United States constitution and federal law. 10 2. Regardless of whether or not the original still or video image was 11 consensually obtained, a person depicted in a still or video image shall 12 have a cause of action against an individual who, for the purpose of 13 harassing, annoying or alarming such person, disseminated or published, 14 or threatened to disseminate or publish, such still or video image, 15 where such image: 16 a. was taken when such person had a reasonable expectation of privacy; 17 and 18 b. depicts (i) an unclothed or exposed intimate part of such person; 19 or (ii) such person engaging in sexual conduct, as defined in subdivi- 20 sion ten of section 130.00 of the penal law, with another person; and 21 c. was disseminated or published, or threatened to be disseminated or 22 published, without the consent of such person. 23 3. In any action commenced pursuant to subdivision two of this 24 section, the finder of fact, in its discretion, may award injunctive 25 relief, punitive damages, compensatory damages and reasonable court 26 costs and attorney's fees. 27 4. This section shall not apply to the following: 28 a. the reporting of unlawful conduct; 29 b. dissemination or publication of an intimate still or video image 30 made during lawful and common practices of law enforcement, legal 31 proceedings or medical treatment; 32 c. images involving voluntary exposure in a commercial setting; or 33 d. dissemination or publication of an intimate still or video image 34 made for a legitimate public purpose. 35 5. Any person depicted in a still or video image that depicts an 36 unclothed or exposed intimate part of such person, or such person engag- 37 ing in sexual conduct as defined in subdivision ten of section 130.00 of 38 the penal law with another person, which is disseminated or published 39 without the consent of such person and where such person had a reason- 40 able expectation of privacy, may maintain an action or special proceed- 41 ing for a court order to require any website or internet service provid- 42 er that is subject to personal jurisdiction under subdivision one of 43 this section to permanently remove such still or video image. 44 6. A cause of action or special proceeding under this section shall be 45 commenced the later of either: 46 a. three years after the dissemination or publication of an image; or 47 b. one year from the date a person discovers, or reasonably should 48 have discovered, the dissemination or publication of such image. 49 7. Nothing herein shall be read to require a prior criminal complaint, 50 prosecution or conviction to establish the elements of the cause of 51 action provided for by this section. 52 8. The provisions of this section are in addition to, but shall not 53 supersede, any other rights or remedies available in law or equity. 54 9. If any provision of this section or its application to any person 55 or circumstance is held invalid, the invalidity shall not affect other 56 provisions or applications of this section which can be given effectS. 1505 68 A. 2005 1 without the invalid provision or application, and to this end the 2 provisions of this section are severable. 3 § 5. This act shall take effect on the sixtieth day after it shall 4 have become a law. 5 PART T 6 Section 1. Paragraph (a) of subdivision 2 of section 30.10 of the 7 criminal procedure law, as amended by chapter 467 of the laws of 2008, 8 is amended to read as follows: 9 (a) A prosecution for a class A felony, or rape in the first degree as 10 defined in section 130.35 of the penal law, or rape in the second degree 11 as defined in section 130.30 of the penal law, or rape in the third 12 degree as defined in section 130.25 of the penal law, or a crime defined 13 or formerly defined in section 130.50 of the penal law, or aggravated 14 sexual abuse in the first degree as defined in section 130.70 of the 15 penal law, or course of sexual conduct against a child in the first 16 degree as defined in section 130.75 of the penal law may be commenced at 17 any time; 18 § 2. This act shall take effect immediately. 19 PART U 20 Section 1. Section 60.12 of the penal law, as added by chapter 1 of 21 the laws of 1998, is amended to read as follows: 22 § 60.12 Authorized disposition; alternative [indeterminate] sentence [of23imprisonment]; domestic violence cases. 24 1. Notwithstanding any other provision of law, where a court is impos- 25 ing sentence upon a person pursuant to section 70.00, 70.02 [upon a26conviction for an offense enumerated in subdivision one of such27section], 70.06 or subdivision two or three of section 70.71 of this 28 title, other than for an offense defined in [article one hundred thirty29of this chapter] section 125.26, 125.27, subdivision five of section 30 125.25, or article 490 of this chapter, or for an offense which would 31 require such person to register as a sex offender pursuant to article 32 six-C of the correction law, an attempt or conspiracy to commit any such 33 offense, and is authorized or required pursuant to [such section] 34 sections 70.00, 70.02, 70.06 or subdivision two or three of section 35 70.71 of this title to impose a [determinate] sentence of imprisonment 36 [for such offense], the court, upon a determination following a hearing 37 that (a) at the time of the instant offense, the defendant was [the] a 38 victim of domestic violence subjected to substantial physical, sexual or 39 psychological abuse [by the victim or intended victim of such offense,] 40 inflicted by a member of the same family or household as the defendant 41 as such term is defined in subdivision one of section 530.11 of the 42 criminal procedure law; (b) such abuse was a significant contributing 43 factor [in causing the defendant to commit such offense and] to the 44 defendant's criminal behavior; (c) [the victim or intended victim of45such offense was a member of the same family or household as the defend-46ant as such term is defined in subdivision one of section 530.11 of the47criminal procedure law, may, in lieu of imposing such determinate48sentence of imprisonment, impose an indeterminate sentence of imprison-49ment in accordance with subdivisions two and three of this section.] 50 having regard for the nature and circumstances of the crime and the 51 history, character and condition of the defendant, that a sentence of 52 imprisonment pursuant to section 70.00, 70.02 or 70.06 of this titleS. 1505 69 A. 2005 1 would be unduly harsh may instead impose a sentence in accordance with 2 this section. 3 A court may determine that such abuse constitutes a significant 4 contributing factor pursuant to paragraph (b) of this subdivision 5 regardless of whether the defendant raised a defense pursuant to article 6 thirty-five, article forty, or subdivision one of section 125.25 of this 7 chapter. 8 At the hearing to determine whether the defendant should be sentenced 9 pursuant to this section, the court shall consider oral and written 10 arguments, take testimony from witnesses offered by either party, and 11 consider relevant evidence to assist in making its determination. Reli- 12 able hearsay shall be admissible at such hearings. 13 2. [The maximum term of an indeterminate sentence imposed pursuant to14subdivision one of this section must be fixed by the court as follows:] 15 Where a court would otherwise be required to impose a sentence pursuant 16 to section 70.02 of this title, the court may impose a definite sentence 17 of imprisonment of one year or less, or probation in accordance with the 18 provisions of section 65.00 of this title, or may fix a determinate term 19 of imprisonment as follows: 20 (a) For a class B felony, the term must be at least [six years] one 21 year and must not exceed [twenty-five] five years; 22 (b) For a class C felony, the term must be at least [four and one-half23years] one year and must not exceed [fifteen] three and one-half years; 24 (c) For a class D felony, the term must be at least [three years] one 25 year and must not exceed [seven] two years; and 26 (d) For a class E felony, the term must be [at least three years] one 27 year and must not exceed [four] one and one-half years. 28 3. [The minimum period of imprisonment under an indeterminate sentence29imposed pursuant to subdivision one of this section must be fixed by the30court at one-half of the maximum term imposed and must be specified in31the sentence] Where a court would otherwise be required to impose a 32 sentence for a class A felony offense pursuant to section 70.00 of this 33 title, the court may fix a determinate term of imprisonment of at least 34 five years and not to exceed fifteen years. 35 4. Where a court would otherwise be required to impose a sentence for 36 a class A felony offense pursuant to subparagraph (i) of paragraph (b) 37 of subdivision two of section 70.71 of this title, the court may fix a 38 determinate term of imprisonment of at least five years and not to 39 exceed eight years. 40 5. Where a court would otherwise be required to impose a sentence for 41 a class A felony offense pursuant to subparagraph (i) of paragraph (b) 42 of subdivision three of section 70.71 of this title, the court may fix a 43 determinate term of imprisonment of at least five years and not to 44 exceed twelve years. 45 6. Where a court would otherwise be required to impose a sentence for 46 a class A felony offense pursuant to subparagraph (ii) of paragraph (b) 47 of subdivision two of section 70.71 of this title, the court may fix a 48 determinate term of imprisonment of at least one year and not to exceed 49 three years. 50 7. Where a court would otherwise be required to impose a sentence for 51 a class A felony offense pursuant to subparagraph (ii) of paragraph (b) 52 of subdivision three of section 70.71 of this title, the court may fix a 53 determinate term of imprisonment of at least three years and not to 54 exceed six years.S. 1505 70 A. 2005 1 8. Where a court would otherwise be required to impose a sentence 2 pursuant to subdivision six of section 70.06 of this title, the court 3 may fix a term of imprisonment as follows: 4 (a) For a class B felony, the term must be at least three years and 5 must not exceed eight years; 6 (b) For a class C felony, the term must be at least two and one-half 7 years and must not exceed five years; 8 (c) For a class D felony, the term must be at least two years and must 9 not exceed three years; 10 (d) For a class E felony, the term must be at least one and one-half 11 years and must not exceed two years. 12 9. Where a court would otherwise be required to impose a sentence for 13 a class B, C, D or E felony offense pursuant to section 70.00 of this 14 title, the court may impose a sentence in accordance with the provisions 15 of subdivision two of section 70.70 of this title. 16 10. Except as provided in subdivision seven of this section, where a 17 court would otherwise be required to impose a sentence pursuant to 18 subdivision three of section 70.06 of this title, the court may impose a 19 sentence in accordance with the provisions of subdivision three of 20 section 70.70 of this title. 21 11. Where a court would otherwise be required to impose a sentence 22 pursuant to subdivision three of section 70.06 of this title, where the 23 prior felony conviction was for a felony offense defined in section 24 70.02 of this title, the court may impose a sentence in accordance with 25 the provisions of subdivision four of section 70.70 of this title. 26 § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of 27 section 70.45 of the penal law, as amended by chapter 7 of the laws of 28 2007, are amended to read as follows: 29 (a) such period shall be one year whenever a determinate sentence of 30 imprisonment is imposed pursuant to subdivision two of section 70.70 of 31 this article or subdivision nine of section 60.12 of this title upon a 32 conviction of a class D or class E felony offense; 33 (b) such period shall be not less than one year nor more than two 34 years whenever a determinate sentence of imprisonment is imposed pursu- 35 ant to subdivision two of section 70.70 of this article or subdivision 36 nine of section 60.12 of this title upon a conviction of a class B or 37 class C felony offense; 38 (c) such period shall be not less than one year nor more than two 39 years whenever a determinate sentence of imprisonment is imposed pursu- 40 ant to subdivision three or four of section 70.70 of this article upon 41 conviction of a class D or class E felony offense or subdivision ten of 42 section 60.12 of this title; 43 (d) such period shall be not less than one and one-half years nor more 44 than three years whenever a determinate sentence of imprisonment is 45 imposed pursuant to subdivision three or four of section 70.70 of this 46 article upon conviction of a class B felony or class C felony offense[;] 47 or subdivision eleven of section 60.12 of this title; 48 (e) such period shall be not less than one and one-half years nor more 49 than three years whenever a determinate sentence of imprisonment is 50 imposed pursuant to subdivision three of section 70.02 of this article 51 or subdivision two or eight of section 60.12 of this title upon a 52 conviction of a class D or class E violent felony offense or subdivision 53 four, five, six, or seven of section 60.12 of this title; 54 (f) such period shall be not less than two and one-half years nor more 55 than five years whenever a determinate sentence of imprisonment is 56 imposed pursuant to subdivision three of section 70.02 of this articleS. 1505 71 A. 2005 1 or subdivision two or eight of section 60.12 of this title upon a 2 conviction of a class B or class C violent felony offense. 3 § 3. The criminal procedure law is amended by adding a new section 4 440.47 to read as follows: 5 § 440.47 Motion for resentence; domestic violence cases. 6 1. (a) Notwithstanding any contrary provision of law, any person 7 confined in an institution operated by the department of correction and 8 community supervision serving a sentence with a minimum or determinate 9 term of eight years or more for an offense committed prior to the effec- 10 tive date of this section and eligible for an alternative sentence 11 pursuant to section 60.12 of the penal law may, on or after such effec- 12 tive date, submit to the judge or justice who imposed the original 13 sentence upon such person a request to apply for resentencing in accord- 14 ance with section 60.12 of the penal law. Such person must include in 15 his or her request documentation proving that she or he is confined in 16 an institution operated by the department of corrections and community 17 supervision serving a sentence with a minimum or determinate term of 18 eight years or more for an offense committed prior to the effective date 19 of this section and that she or he is serving such sentence for any 20 offense eligible for an alternative sentence under section 60.12 of the 21 penal law. 22 (b) If, at the time of such person's request to apply for resentencing 23 pursuant to this section, the original sentencing judge or justice is a 24 judge or justice of a court of competent jurisdiction, but such court is 25 not the court in which the original sentence was imposed, then the 26 request shall be randomly assigned to another judge or justice of the 27 court in which the original sentence was imposed. If the original 28 sentencing judge is no longer a judge or justice of a court of competent 29 jurisdiction, then the request shall be randomly assigned to another 30 judge or justice of the court. 31 (c) If the court finds that such person has met the requirements to 32 apply for resentencing in paragraph (a) of this subdivision, the court 33 shall notify such person that he or she may submit an application for 34 resentencing. Upon such notification, the person may request that the 35 court assign him or her an attorney for the preparation of and 36 proceedings on the application for resentencing pursuant to this 37 section. The attorney shall be assigned in accordance with the 38 provisions of subdivision one of section seven hundred seventeen and 39 subdivision four of section seven hundred twenty-two of the county law 40 and the related provisions of article eighteen-A of such law. 41 (d) If the court finds that such person has not met the requirements 42 to apply for resentencing in paragraph (a) of subdivision one of this 43 section, the court shall notify such person and dismiss his or her 44 request without prejudice. 45 2. (a) Upon the court's receipt of an application for resentencing, 46 the court shall promptly notify the appropriate district attorney and 47 provide such district attorney with a copy of the application. 48 (b) If the judge or justice that received the application is not the 49 original sentencing judge or justice, the application may be referred to 50 the original sentencing judge or justice provided that he or she is a 51 judge or justice of a court of competent jurisdiction and that the 52 applicant and the district attorney agree that the application should be 53 referred. 54 (c) An application for resentencing pursuant to this section must 55 include at least two pieces of evidence corroborating the applicant's 56 claim that he or she was, at the time of the offense, a victim of domes-S. 1505 72 A. 2005 1 tic violence subjected to substantial physical, sexual or psychological 2 abuse inflicted by a member of the same family or household as the 3 applicant as such term is defined in subdivision one of section 530.11 4 of this chapter. 5 At least one piece of evidence must be either a court record, pre-sen- 6 tence report, social services record, hospital record, sworn statement 7 from a witness to the domestic violence, law enforcement record, domes- 8 tic incident report, or order of protection. Other evidence may 9 include, but shall not be limited to, local and state department of 10 corrections records, a showing based in part on documentation prepared 11 at or near the time of the commission of the offense or the prosecution 12 thereof tending to support the person's claim, or when there is verifi- 13 cation of consultation with a licensed medical or mental health care 14 provider, employee of a court acting within the scope of his or her 15 employment, member of the clergy, attorney, social worker, or rape 16 crisis counselor as defined in section forty-five hundred ten of the 17 civil practice law and rules, or other advocate acting on behalf of an 18 agency that assists victims of domestic violence for the purpose of 19 assisting such person with domestic violence victim counseling or 20 support. 21 (d) If the court finds that the applicant has not complied with the 22 provisions of paragraph (c) of this subdivision, the court shall dismiss 23 the application without prejudice. 24 (e) If the court finds that the applicant has complied with the 25 provisions of paragraph (c) of this subdivision, the court shall conduct 26 a hearing to aid in making its determination of whether the applicant 27 should be resentenced in accordance with section 60.12 of the penal law. 28 At such hearing the court shall determine any controverted issue of fact 29 relevant to the issue of sentencing. Reliable hearsay shall be admissi- 30 ble at such hearings. 31 The court may consider any fact or circumstances relevant to the impo- 32 sition of a new sentence which are submitted by the applicant or the 33 district attorney and may, in addition, consider the institutional 34 record of confinement of such person, but shall not order a new pre-sen- 35 tence investigation and report or entertain any matter challenging the 36 underlying basis of the subject conviction. The court's consideration of 37 the institutional record of confinement of such applicant shall include, 38 but not be limited to, such applicant's participation in or willingness 39 to participate in programming such as domestic violence, parenting and 40 substance abuse treatment while incarcerated and such applicant's disci- 41 plinary history. The fact that the applicant may have been unable to 42 participate in treatment or other programming while incarcerated despite 43 such applicant's willingness to do so shall not be considered a negative 44 factor in determining a motion pursuant to this section. 45 (f) If the court determines that the applicant should not be resen- 46 tenced in accordance with section 60.12 of the penal law, the court 47 shall inform such applicant of its decision and shall enter an order to 48 that effect. Any order issued by a court pursuant to this section must 49 include written findings of fact and the reasons for such order. 50 (g) If the court determines that the applicant should be resentenced 51 in accordance with section 60.12 of the penal law, the court shall noti- 52 fy the applicant that, unless he or she withdraws the application or 53 appeals from such order, the court will enter an order vacating the 54 sentence originally imposed and imposing the new sentence to be imposed 55 as authorized by section 60.12 of the penal law. Any order issued by aS. 1505 73 A. 2005 1 court pursuant to this section must include written findings of fact and 2 the reasons for such order. 3 3. An appeal may be taken as of right in accordance with applicable 4 provisions of this chapter: (a) from an order denying resentencing; or 5 (b) from a new sentence imposed under this provision and may be based on 6 the grounds that (i) the term of the new sentence is harsh or excessive; 7 or (ii) that the term of the new sentence is unauthorized as a matter of 8 law. An appeal in accordance with the applicable provisions of this 9 chapter may also be taken as of right by the applicant from an order 10 specifying and informing such applicant of the term of the determinate 11 sentence the court would impose upon resentencing on the ground that the 12 term of the proposed sentence is harsh or excessive; upon remand to the 13 sentencing court following such appeal the applicant shall be given an 14 opportunity to withdraw an application for resentencing before any 15 resentence is imposed. The applicant may request that the court assign 16 him or her an attorney for the preparation of and proceedings on any 17 appeals regarding his or her application for resentencing pursuant to 18 this section. The attorney shall be assigned in accordance with the 19 provisions of subdivision one of section seven hundred seventeen and 20 subdivision four of section seven hundred twenty-two of the county law 21 and the related provisions of article eighteen-A of such law. 22 4. In calculating the new term to be served by the applicant pursuant 23 to section 60.12 of the penal law, such applicant shall be credited for 24 any jail time credited towards the subject conviction as well as any 25 period of incarceration credited toward the sentence originally imposed. 26 § 4. Subdivision 1 of section 450.90 of the criminal procedure law, as 27 amended by section 10 of part AAA of chapter 56 of the laws of 2009, is 28 amended to read as follows: 29 1. Provided that a certificate granting leave to appeal is issued 30 pursuant to section 460.20, an appeal may, except as provided in subdi- 31 vision two, be taken to the court of appeals by either the defendant or 32 the people from any adverse or partially adverse order of an intermedi- 33 ate appellate court entered upon an appeal taken to such intermediate 34 appellate court pursuant to section 450.10, 450.15, or 450.20, or from 35 an order granting or denying a motion to set aside an order of an inter- 36 mediate appellate court on the ground of ineffective assistance or 37 wrongful deprivation of appellate counsel, or by either the defendant or 38 the people from any adverse or partially adverse order of an intermedi- 39 ate appellate court entered upon an appeal taken to such intermediate 40 appellate court from an order entered pursuant to section 440.46 or 41 section 440.47 of this chapter. An order of an intermediate appellate 42 court is adverse to the party who was the appellant in such court when 43 it affirms the judgment, sentence or order appealed from, and is adverse 44 to the party who was the respondent in such court when it reverses the 45 judgment, sentence or order appealed from. An appellate court order 46 which modifies a judgment or order appealed from is partially adverse to 47 each party. 48 § 5. Paragraph (a) of subdivision 2 of section 390.50 of the criminal 49 procedure law, as amended by section 5 of part OO of chapter 56 of the 50 laws of 2010, is amended to read as follows: 51 (a) Not less than one court day prior to sentencing, unless such time 52 requirement is waived by the parties, the pre-sentence report or memo- 53 randum shall be made available by the court for examination and for 54 copying by the defendant's attorney, the defendant himself, if he has no 55 attorney, and the prosecutor. In its discretion, the court may except 56 from disclosure a part or parts of the report or memoranda which are notS. 1505 74 A. 2005 1 relevant to a proper sentence, or a diagnostic opinion which might seri- 2 ously disrupt a program of rehabilitation, or sources of information 3 which have been obtained on a promise of confidentiality, or any other 4 portion thereof, disclosure of which would not be in the interest of 5 justice. In all cases where a part or parts of the report or memoranda 6 are not disclosed, the court shall state for the record that a part or 7 parts of the report or memoranda have been excepted and the reasons for 8 its action. The action of the court excepting information from disclo- 9 sure shall be subject to appellate review. The pre-sentence report shall 10 be made available by the court for examination and copying in connection 11 with any appeal in the case, including an appeal under this subdivision. 12 Upon written request, the court shall make a copy of the presentence 13 report, other than a part or parts of the report redacted by the court 14 pursuant to this paragraph, available to the defendant for use before 15 the parole board for release consideration or an appeal of a parole 16 board determination or an application for resentencing pursuant to 17 section 440.46 or 440.47 of this chapter. In his or her written request 18 to the court the defendant shall affirm that he or she anticipates an 19 appearance before the parole board or intends to file an administrative 20 appeal of a parole board determination or meets the eligibility criteria 21 for and intends to file a motion for resentencing pursuant to 440.46 of 22 this chapter or has received notification from the court which received 23 his or her request to apply for resentencing pursuant to section 440.47 24 of this chapter confirming that he or she is eligible to submit an 25 application for resentencing pursuant to section 440.47 of this chapter. 26 The court shall respond to the defendant's written request within twenty 27 days from receipt of the defendant's written request. 28 § 6. This act shall take effect immediately; provided, however, that 29 sections one and two of this act shall apply to offenses committed on, 30 after and prior to such effective date where the sentence for such 31 offense has not yet been imposed; provided, further that sections three, 32 four and five of this act shall take effect on the ninetieth day after 33 it shall have become a law. 34 PART V 35 Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa- 36 rately amended by chapters 268 and 281 of the laws of 2016, is amended 37 to read as follows: 38 11. With intent to cause physical injury to a train operator, ticket 39 inspector, conductor, signalperson, bus operator, station agent, station 40 cleaner or terminal cleaner employed by any transit agency, authority or 41 company, public or private, whose operation is authorized by New York 42 state or any of its political subdivisions, a city marshal, a school 43 crossing guard appointed pursuant to section two hundred eight-a of the 44 general municipal law, a traffic enforcement officer, traffic enforce- 45 ment agent, prosecutor as defined in subdivision thirty-one of section 46 1.20 of the criminal procedure law, sanitation enforcement agent, New 47 York city sanitation worker, public health sanitarian, New York city 48 public health sanitarian, registered nurse, licensed practical nurse, 49 emergency medical service paramedic, [or] emergency medical service 50 technician, or journalist, he or she causes physical injury to such 51 train operator, ticket inspector, conductor, signalperson, bus operator, 52 station agent, station cleaner or terminal cleaner, city marshal, school 53 crossing guard appointed pursuant to section two hundred eight-a of the 54 general municipal law, traffic enforcement officer, traffic enforcementS. 1505 75 A. 2005 1 agent, prosecutor as defined in subdivision thirty-one of section 1.20 2 of the criminal procedure law, registered nurse, licensed practical 3 nurse, public health sanitarian, New York city public health sanitarian, 4 sanitation enforcement agent, New York city sanitation worker, emergency 5 medical service paramedic, [or] emergency medical service technician, or 6 journalist, while such employee is performing an assigned duty on, or 7 directly related to, the operation of a train or bus, including the 8 cleaning of a train or bus station or terminal, or such city marshal, 9 school crossing guard, traffic enforcement officer, traffic enforcement 10 agent, prosecutor as defined in subdivision thirty-one of section 1.20 11 of the criminal procedure law, registered nurse, licensed practical 12 nurse, public health sanitarian, New York city public health sanitarian, 13 sanitation enforcement agent, New York city sanitation worker, emergency 14 medical service paramedic, [or] emergency medical service technician, or 15 journalist is performing an assigned duty; or 16 § 2. This act shall take effect on the first of November next succeed- 17 ing the date on which it shall have become a law. 18 PART W 19 Section 1. Section 60.06 of the penal law, as amended by chapter 482 20 of the laws of 2009, is amended to read as follows: 21 § 60.06 Authorized disposition; murder in the first degree offenders; 22 aggravated murder offenders; certain murder in the second 23 degree offenders; certain terrorism offenders; criminal 24 possession of a chemical weapon or biological weapon offen- 25 ders; criminal use of a chemical weapon or biological weapon 26 offenders. 27 When a defendant is convicted of murder in the first degree as defined 28 in section 125.27 of this chapter, the court shall[, in accordance with29the provisions of section 400.27 of the criminal procedure law,] 30 sentence the defendant [to death,] to life imprisonment without parole 31 in accordance with subdivision five of section 70.00 of this title, or 32 to a term of imprisonment for a class A-I felony other than a sentence 33 of life imprisonment without parole, in accordance with subdivisions one 34 through three of section 70.00 of this title. When a person is convicted 35 of murder in the second degree as defined in subdivision five of section 36 125.25 of this chapter or of the crime of aggravated murder as defined 37 in subdivision one of section 125.26 of this chapter, the court shall 38 sentence the defendant to life imprisonment without parole in accordance 39 with subdivision five of section 70.00 of this title. When a defendant 40 is convicted of the crime of terrorism as defined in section 490.25 of 41 this chapter, and the specified offense the defendant committed is a 42 class A-I felony offense, or when a defendant is convicted of the crime 43 of criminal possession of a chemical weapon or biological weapon in the 44 first degree as defined in section 490.45 of this chapter, or when a 45 defendant is convicted of the crime of criminal use of a chemical weapon 46 or biological weapon in the first degree as defined in section 490.55 of 47 this chapter, the court shall sentence the defendant to life imprison- 48 ment without parole in accordance with subdivision five of section 70.00 49 of this title; provided, however, that nothing in this section shall 50 preclude or prevent a sentence of death when the defendant is also 51 convicted of murder in the first degree as defined in section 125.27 of 52 this chapter. When a defendant is convicted of aggravated murder as 53 defined in subdivision two of section 125.26 of this chapter, the court 54 shall sentence the defendant to life imprisonment without parole or to aS. 1505 76 A. 2005 1 term of imprisonment for a class A-I felony other than a sentence of 2 life imprisonment without parole, in accordance with subdivisions one 3 through three of section 70.00 of this title. 4 § 2. Subparagraph (i) of paragraph (a) of subdivision 3 of section 5 70.00 of the penal law, as amended by chapter 107 of the laws of 2006, 6 is amended to read as follows: 7 (i) For a class A-I felony, such minimum period shall not be less than 8 fifteen years nor more than twenty-five years; provided, however, that 9 (A) where a sentence, other than a sentence of [death or] life imprison- 10 ment without parole, is imposed upon a defendant convicted of murder in 11 the first degree as defined in section 125.27 of this chapter such mini- 12 mum period shall be not less than twenty years nor more than twenty-five 13 years, and, (B) where a sentence is imposed upon a defendant convicted 14 of murder in the second degree as defined in subdivision five of section 15 125.25 of this chapter or convicted of aggravated murder as defined in 16 section 125.26 of this chapter, the sentence shall be life imprisonment 17 without parole, and, (C) where a sentence is imposed upon a defendant 18 convicted of attempted murder in the first degree as defined in article 19 one hundred ten of this chapter and subparagraph (i), (ii) or (iii) of 20 paragraph (a) of subdivision one and paragraph (b) of subdivision one of 21 section 125.27 of this chapter or attempted aggravated murder as defined 22 in article one hundred ten of this chapter and section 125.26 of this 23 chapter such minimum period shall be not less than twenty years nor more 24 than forty years. 25 § 3. Paragraph (e) of subdivision 5 of section 220.10 of the criminal 26 procedure law is REPEALED. 27 § 4. Subparagraph (vii) of paragraph (b) of subdivision 3 of section 28 220.30 of the criminal procedure law is REPEALED. 29 § 5. Sections 250.40, 270.16, 270.55, 400.27, 450.70 and 450.80 of the 30 criminal procedure law are REPEALED. 31 § 6. Paragraph (f) of subdivision 1 of section 270.20 of the criminal 32 procedure law is REPEALED. 33 § 7. Section 270.30 of the criminal procedure law, as amended by chap- 34 ter 1 of the laws of 1995, is amended to read as follows: 35 § 270.30 Trial jury; alternate jurors. 36 [1.] Immediately after the last trial juror is sworn, the court may in 37 its discretion direct the selection of one or more, but not more than 38 six additional jurors to be known as "alternate jurors"[, except that,39in a prosecution under section 125.27 of the penal law, the court may,40in its discretion, direct the selection of as many alternate jurors as41the court determines to be appropriate]. Alternate jurors must be drawn 42 in the same manner, must have the same qualifications, must be subject 43 to the same examination and challenges for cause and must take the same 44 oath as the regular jurors. After the jury has retired to deliberate, 45 the court must either (1) with the consent of the defendant and the 46 people, discharge the alternate jurors or (2) direct the alternate 47 jurors not to discuss the case and must further direct that they be kept 48 separate and apart from the regular jurors. 49 [2. In any prosecution in which the people seek a sentence of death,50the court shall not discharge the alternate jurors when the jury retires51to deliberate upon its verdict and the alternate jurors, in the52discretion of the court, may be continuously kept together under the53supervision of an appropriate public servant or servants until such time54as the jury returns its verdict. If the jury returns a verdict of guilty55to a charge for which the death penalty may be imposed, the alternate56jurors shall not be discharged and shall remain available for serviceS. 1505 77 A. 2005 1during any separate sentencing proceeding which may be conducted pursu-2ant to section 400.27.] 3 § 8. Section 310.80 of the criminal procedure law, as amended by chap- 4 ter 1 of the laws of 1995, is amended to read as follows: 5 § 310.80 Recording and checking of verdict and polling of jury. 6 After a verdict has been rendered, it must be recorded on the minutes 7 and read to the jury, and the jurors must be collectively asked whether 8 such is their verdict. Even though no juror makes any declaration in the 9 negative, the jury must, if either party makes such an application, be 10 polled and each juror separately asked whether the verdict announced by 11 the foreman is in all respects his verdict. If upon either the collec- 12 tive or the separate inquiry any juror answers in the negative, the 13 court must refuse to accept the verdict and must direct the jury to 14 resume its deliberation. If no disagreement is expressed, the jury must 15 be discharged from the case[, except as otherwise provided in section16400.27]. 17 § 9. Subdivision 1 of section 440.20 of the criminal procedure law, as 18 amended by chapter 1 of the laws of 1995, is amended to read as follows: 19 1. At any time after the entry of a judgment, the court in which the 20 judgment was entered may, upon motion of the defendant, set aside the 21 sentence upon the ground that it was unauthorized, illegally imposed or 22 otherwise invalid as a matter of law. [Where the judgment includes a23sentence of death, the court may also set aside the sentence upon any of24the grounds set forth in paragraph (b), (c), (f), (g) or (h) of subdivi-25sion one of section 440.10 as applied to a separate sentencing proceed-26ing under section 400.27, provided, however, that to the extent the27ground or grounds asserted include one or more of the aforesaid para-28graphs of subdivision one of section 440.10, the court must also apply29subdivisions two and three of section 440.10, other than paragraph (d)30of subdivision two of such section, in determining the motion. In the31event the court enters an order granting a motion to set aside a32sentence of death under this section, the court must either direct a new33sentencing proceeding in accordance with section 400.27 or, to the34extent that the defendant cannot be resentenced to death consistent with35the laws of this state or the constitution of this state or of the36United States, resentence the defendant to life imprisonment without37parole or to a sentence of imprisonment for the class A-I felony of38murder in the first degree other than a sentence of life imprisonment39without parole. Upon granting the motion upon any of the grounds set40forth in the aforesaid paragraphs of subdivision one of section 440.1041and setting aside the sentence, the court must afford the people a42reasonable period of time, which shall not be less than ten days, to43determine whether to take an appeal from the order setting aside the44sentence of death. The taking of an appeal by the people stays the45effectiveness of that portion of the court's order that directs a new46sentencing proceeding.] 47 § 10. Subdivision 10 of section 450.20 of the criminal procedure law 48 is REPEALED. 49 § 11. Subdivision 3 of section 460.40 of the criminal procedure law is 50 REPEALED. 51 § 12. Section 470.30 of the criminal procedure law, as amended by 52 chapter 1 of the laws of 1995, is amended to read as follows: 53 § 470.30 Determination by court of appeals of appeals taken directly 54 thereto from judgments and orders of criminal courts. 55 [1.] Wherever appropriate, the rules set forth in sections 470.15 and 56 470.20, governing the consideration and determination by intermediateS. 1505 78 A. 2005 1 appellate courts of appeals thereto from judgments and orders of crimi- 2 nal courts, and prescribing their scope of review and the corrective 3 action to be taken by them upon reversal or modification, apply equally 4 to the consideration and determination by the court of appeals of 5 appeals taken directly thereto, [pursuant to sections 450.70 and6450.80,] from judgments and orders of superior criminal courts. 7 [2. Whenever a sentence of death is imposed, the judgment and sentence8shall be reviewed on the record by the court of appeals. Review by the9court of appeals pursuant to subdivision one of section 450.70 may not10be waived.113. With regard to the sentence, the court shall, in addition to exer-12cising the powers and scope of review granted under subdivision one of13this section, determine:14(a) whether the sentence of death was imposed under the influence of15passion, prejudice, or any other arbitrary or legally impermissible16factor including whether the imposition of the verdict or sentence was17based upon the race of the defendant or a victim of the crime for which18the defendant was convicted;19(b) whether the sentence of death is excessive or disproportionate to20the penalty imposed in similar cases considering both the crime and the21defendant. In conducting such review the court, upon request of the22defendant, in addition to any other determination, shall review whether23the sentence of death is excessive or disproportionate to the penalty24imposed in similar cases by virtue of the race of the defendant or a25victim of the crime for which the defendant was convicted; and26(c) whether the decision to impose the sentence of death was against27the weight of the evidence.284. The court shall include in its decision: (a) the aggravating and29mitigating factors established in the record on appeal; and30(b) those similar cases it took into consideration.315. In addition to exercising any other corrective action pursuant to32subdivision one of this section, the court, with regard to review of a33sentence of death, shall be authorized to:34(a) affirm the sentence of death; or35(b) set the sentence aside and remand the case for resentencing pursu-36ant to the procedures set forth in section 400.27 for a determination as37to whether the defendant shall be sentenced to death, life imprisonment38without parole or to a term of imprisonment for the class A-I felony of39murder in the first degree other than a sentence of life imprisonment40without parole; or41(c) set the sentence aside and remand the case for resentencing by the42court for a determination as to whether the defendant shall be sentenced43to life imprisonment without parole or to a term of imprisonment for the44class A-I felony of murder in the first degree other than a sentence of45life imprisonment without parole.] 46 § 13. Sections 35-b and 211-a of the judiciary law are REPEALED. 47 § 14. Section 707 of the county law is REPEALED. 48 § 15. Article 22-A of the correction law is REPEALED. 49 § 16. Section 63-d of the executive law is REPEALED. 50 § 17. Subdivision 7 of section 837-a of the executive law is REPEALED. 51 § 18. Section 837-l of the executive law is REPEALED. 52 § 19. This act shall take effect immediately and shall be deemed to 53 have been in full force and effect on and after September 1, 1995. 54 PART XS. 1505 79 A. 2005 1 Section 1. Section 265.00 of the penal law is amended by adding five 2 new subdivisions 26, 27, 28, 29, and 30 to read as follows: 3 26. "Rapid-fire modification device" means any bump stock, trigger 4 crank, binary trigger system, burst trigger system, or any other device 5 that is designed to accelerate substantially the rate of fire of a semi- 6 automatic firearm, rifle or shotgun. 7 27. "Bump stock" means any device or instrument that increases the 8 rate of fire achievable with a semi-automatic firearm, rifle or shotgun 9 by using energy from the recoil of the weapon to generate a reciprocat- 10 ing action that facilitates repeated activation of the trigger. 11 28. "Trigger crank" means any device or instrument that repeatedly 12 activates the trigger of a semi-automatic firearm, rifle or shotgun 13 through the use of a lever or other part that is turned in a circular 14 motion, provided, however, that "trigger crank" shall not include any 15 weapon initially designed and manufactured to fire through the use of a 16 crank or lever. 17 29. "Binary trigger system" means any device that, when installed in 18 or attached to a semi-automatic firearm rifle, or shotgun causes that 19 weapon to fire once when the trigger is pulled and again when the trig- 20 ger is released. 21 30. "Burst trigger system" means any device that, when installed in or 22 attached to a semi-automatic firearm, rifle, or shot gun, allows that 23 weapon to discharge two or more shots with a single pull or the trigger 24 by altering the trigger reset. 25 § 2. The penal law is amended by adding a new section 265.01-c to read 26 as follows: 27 § 265.01-c Criminal possession of a rapid-fire modification device. 28 A person is guilty of criminal possession of a rapid-fire modification 29 device when he or she knowingly possesses any rapid-fire modification 30 device. 31 Criminal possession of a trigger modification device is a class A 32 misdemeanor. 33 § 3. Subdivisions 1, 2 and 3 of section 265.10 of the penal law, 34 subdivisions 1 and 2 as amended by chapter 257 of the laws of 2008, and 35 subdivision 3 as amended by chapter 189 of the laws of 2000, are amended 36 to read as follows: 37 1. Any person who manufactures or causes to be manufactured any 38 machine-gun, assault weapon, large capacity ammunition feeding device or 39 disguised gun is guilty of a class D felony. Any person who manufac- 40 tures or causes to be manufactured any rapid-fire modification device is 41 guilty of a class E felony. Any person who manufactures or causes to be 42 manufactured any switchblade knife, gravity knife, pilum ballistic 43 knife, metal knuckle knife, billy, blackjack, bludgeon, plastic knuck- 44 les, metal knuckles, Kung Fu star, chuka stick, sandbag, sandclub or 45 slungshot is guilty of a class A misdemeanor. 46 2. Any person who transports or ships any machine-gun, firearm silenc- 47 er, assault weapon or large capacity ammunition feeding device or 48 disguised gun, or who transports or ships as merchandise five or more 49 firearms, is guilty of a class D felony. Any person who transports or 50 ships any rapid-fire modification device is guilty of a class E felony. 51 Any person who transports or ships as merchandise any firearm, other 52 than an assault weapon, switchblade knife, gravity knife, pilum ballis- 53 tic knife, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, 54 Kung Fu star, chuka stick, sandbag or slungshot is guilty of a class A 55 misdemeanor.S. 1505 80 A. 2005 1 3. Any person who disposes of any machine-gun, assault weapon, large 2 capacity ammunition feeding device or firearm silencer is guilty of a 3 class D felony. Any person who disposes of any rapid-fire modification 4 device is guilty of a class E felony. Any person who knowingly buys, 5 receives, disposes of, or conceals a machine-gun, firearm, large capaci- 6 ty ammunition feeding device, rifle or shotgun which has been defaced 7 for the purpose of concealment or prevention of the detection of a crime 8 or misrepresenting the identity of such machine-gun, firearm, large 9 capacity ammunition feeding device, rifle or shotgun is guilty of a 10 class D felony. 11 § 4. The opening paragraph of subdivision a of section 265.20 of the 12 penal law, as amended by section 1 of part FF of chapter 57 of the laws 13 of 2013, is amended to read as follows: 14 Paragraph (h) of subdivision twenty-two of section 265.00 and sections 15 265.01, 265.01-a, subdivision one of section 265.01-b, 265.01-c, 265.02, 16 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 17 265.37 and 270.05 shall not apply to: 18 § 5. The opening paragraph of paragraph 1 of subdivision a of section 19 265.20 of the penal law, as amended by chapter 1041 of the laws of 1974, 20 is amended to read as follows: 21 Possession of any of the weapons, instruments, appliances or 22 substances specified in sections 265.01, 265.01-c, 265.02, 265.03, 23 265.04, 265.05 and 270.05 by the following: 24 § 6. Paragraphs 2 and 8 of subdivision a of section 265.20 of the 25 penal law, paragraph 2 as amended by chapter 189 of the laws of 2000 and 26 paragraph 8 as amended by chapter 476 of the laws of 2018, are amended 27 to read as follows: 28 2. Possession of a machine-gun, large capacity ammunition feeding 29 device, rapid-fire modification device, firearm, switchblade knife, 30 gravity knife, pilum ballistic knife, billy or blackjack by a warden, 31 superintendent, headkeeper or deputy of a state prison, penitentiary, 32 workhouse, county jail or other institution for the detention of persons 33 convicted or accused of crime or detained as witnesses in criminal 34 cases, in pursuit of official duty or when duly authorized by regulation 35 or order to possess the same. 36 8. The manufacturer of machine-guns, firearm silencers, assault weap- 37 ons, large capacity ammunition feeding devices, rapid-fire modification 38 devices, disguised guns, pilum ballistic knives, switchblade or gravity 39 knives, billies or blackjacks as merchandise, or as a transferee recipi- 40 ent of the same for repair, lawful distribution or research and develop- 41 ment, and the disposal and shipment thereof direct to a regularly 42 constituted or appointed state or municipal police department, sheriff, 43 [policeman] police officer or other peace officer, or to a state prison, 44 penitentiary, workhouse, county jail or other institution for the 45 detention of persons convicted or accused of crime or held as witnesses 46 in criminal cases, or to the military service of this state or of the 47 United States; or for the repair and return of the same to the lawful 48 possessor or for research and development. 49 § 7. This act shall take effect immediately; provided, however, that 50 section two of this act shall take effect on the one hundred twentieth 51 day after it shall have become a law. 52 PART Y 53 Section 1. Subdivision 12 of section 400.00 of the penal law, as 54 amended by chapter 1 of the laws of 2013, is amended to read as follows:S. 1505 81 A. 2005 1 12. Records required of gunsmiths and dealers in firearms. Any person 2 licensed as gunsmith or dealer in firearms shall keep a record book 3 approved as to form, except in the city of New York, by the superinten- 4 dent of state police. In the record book shall be entered at the time of 5 every transaction involving a firearm the date, name, age, occupation 6 and residence of any person from whom a firearm is received or to whom a 7 firearm is delivered, and the calibre, make, model, manufacturer's name 8 and serial number, or if none, any other distinguishing number or iden- 9 tification mark on such firearm. Before delivering a firearm to any 10 person, the licensee shall require him to produce either a license valid 11 under this section to carry or possess the same, or proof of lawful 12 authority as an exempt person pursuant to section 265.20 of this chapter 13 and either (a) the National Instant Criminal Background Check System 14 (NICS) or its successor has issued a "proceed" response to the licensee, 15 or (b) ten business days have elapsed since the date the licensee 16 contacted NICS to initiate a national instate criminal background check 17 and NICS has not notified the licensee that the transfer of the firearm 18 to such person should be denied. In addition, before delivering a 19 firearm to a peace officer, the licensee shall verify that person's 20 status as a peace officer with the division of state police. After 21 completing the foregoing, the licensee shall remove and retain the 22 attached coupon and enter in the record book the date of such license, 23 number, if any, and name of the licensing officer, in the case of the 24 holder of a license to carry or possess, or the shield or other number, 25 if any, assignment and department, unit or agency, in the case of an 26 exempt person. The original transaction report shall be forwarded to the 27 division of state police within ten days of delivering a firearm to any 28 person, and a duplicate copy shall be kept by the licensee. The super- 29 intendent of state police may designate that such record shall be 30 completed and transmitted in electronic form. A dealer may be granted a 31 waiver from transmitting such records in electronic form if the super- 32 intendent determines that such dealer is incapable of such transmission 33 due to technological limitations that are not reasonably within the 34 control of the dealer, or other exceptional circumstances demonstrated 35 by the dealer, pursuant to a process established in regulation, and at 36 the discretion of the superintendent. Records assembled or collected for 37 purposes of inclusion in the database created pursuant to section 400.02 38 of this article shall not be subject to disclosure pursuant to article 39 six of the public officers law. The record book shall be maintained on 40 the premises mentioned and described in the license and shall be open at 41 all reasonable hours for inspection by any peace officer, acting pursu- 42 ant to his special duties, or police officer. In the event of cancella- 43 tion or revocation of the license for gunsmith or dealer in firearms, or 44 discontinuance of business by a licensee, such record book shall be 45 immediately surrendered to the licensing officer in the city of New 46 York, and in the counties of Nassau and Suffolk, and elsewhere in the 47 state to the executive department, division of state police. 48 § 2. The penal law is amended by adding a new section 400.20 to read 49 as follows: 50 § 400.20 Waiting period in connection with the sale or transfer of a 51 rifle or shotgun. 52 When a national instant criminal background check is required pursuant 53 to state or federal law to be conducted through the National Instant 54 Criminal Background Check System (NICS) or its successor in connection 55 with the sale or transfer of a rifle or shotgun to any person, before 56 delivering a rifle or shotgun to such person, either (a) NICS has issuedS. 1505 82 A. 2005 1 a "proceed" response to the seller or transferor, or (b) ten business 2 days shall have elapsed since the date the seller or transferor 3 contacted NICS to initiate a national instant criminal background check 4 and NICS has not notified the seller or transferor that the transfer of 5 the rifle or shotgun to such person should be denied. 6 § 3. Subdivision 1 of section 897 of the general business law, as 7 added by chapter 189 of the laws of 2000, is amended to read as follows: 8 1. A national instant criminal background check shall be conducted and 9 no person shall sell or transfer a firearm, rifle or shotgun at a gun 10 show, except in accordance with the provisions of 18 U.S.C. 922(t), 11 provided that before delivering a firearm, rifle or shotgun to any 12 person, either (a) the National Instant Criminal Background Check System 13 (NICS) or its successor has issued a "proceed" response to the seller or 14 transferor, or (b) ten business days shall have elapsed since the date 15 the seller or transferor contacted NICS to initiate a national instant 16 criminal background check and NICS has not notified the seller or 17 transferor that the transfer of the firearm, rifle or shotgun to such 18 person should be denied. 19 § 4. Subdivisions 1 and 2 of section 898 of the general business law, 20 as added by chapter 1 of the laws of 2013, are amended to read as 21 follows: 22 1. In addition to any other requirements pursuant to state and feder- 23 al law, all sales, exchanges or disposals of firearms, rifles or shot- 24 guns shall be conducted in accordance with this section unless such 25 sale, exchange or disposal is conducted by a licensed importer, licensed 26 manufacturer or licensed dealer, as those terms are defined in 18 USC § 27 922, when such sale, exchange or disposal is conducted pursuant to that 28 person's federal firearms license or such sale, exchange or disposal is 29 between members of an immediate family. When a sale, exchange or 30 disposal is conducted pursuant to a person's federal firearms license, 31 before delivering a firearm, rifle or shotgun to any person, either (a) 32 the National Instant Criminal Background Check System (NICS) or its 33 successor has issued a "proceed" response to the federal firearms licen- 34 see, or (b) ten business days shall have elapsed since the date the 35 federal firearms licensee contacted NICS to initiate a national instant 36 criminal background check and NICS has not notified the federal firearms 37 licensee that the transfer of the firearm, rifle or shotgun to such 38 person should be denied. For purposes of this section, "immediate fami- 39 ly" shall mean spouses, domestic partners, children and step-children. 40 2. Before any sale, exchange or disposal pursuant to this article, a 41 national instant criminal background check must be completed by a dealer 42 who consents to conduct such check, and upon completion of such back- 43 ground check, shall complete a document, the form of which shall be 44 approved by the superintendent of state police, that identifies and 45 confirms that such check was performed. Before a dealer who consents to 46 conduct a national instant criminal background check delivers a firearm, 47 rifle or shotgun to any person, either (a) NICS issued a "proceed" 48 response to the dealer, or (b) ten business days shall have elapsed 49 since the date the dealer contacted NICS to initiate a national instant 50 criminal background check and NICS has not notified the dealer that the 51 transfer of the firearm, rifle or shotgun to such person should be 52 denied. 53 § 5. This act shall take effect on the forty-fifth day after it shall 54 have become a law. 55 PART ZS. 1505 83 A. 2005 1 Section 1. The civil practice law and rules is amended by adding a new 2 article 63-A to read as follows: 3 ARTICLE 63-A 4 EXTREME RISK PROTECTION ORDERS 5 Section 6340. Definitions. 6 6341. Application for an extreme risk protection order. 7 6342. Issuance of a temporary extreme risk protection order. 8 6343. Issuance of a final extreme risk protection order. 9 6344. Surrender and removal of firearms, rifles and shotguns 10 pursuant to an extreme risk protection order. 11 6345. Request for renewal of an extreme risk protection order. 12 6346. Expiration of an extreme risk protection order. 13 6347. Effect of findings and determinations in subsequent 14 proceedings. 15 § 6340. Definitions. For the purposes of this article: 16 1. "Extreme risk protection order" means a court-issued order of 17 protection prohibiting a person from purchasing, possessing or attempt- 18 ing to purchase or possess a firearm, rifle or shotgun. 19 2. "Petitioner" means: (a) a police officer, as defined in section 20 1.20 of the criminal procedure law, or district attorney with jurisdic- 21 tion in the county or city where the person against whom the order is 22 sought resides; (b) a family or household member, as defined in subdivi- 23 sion two of section four hundred fifty-nine-a of the social services 24 law, of the person against whom the order is sought; or (c) a school 25 official of any school in which the respondent is currently enrolled or 26 in which the respondent has been enrolled in the six months immediately 27 preceding the filing of the petition. For purposes of this article, 28 school official shall include the following: school teacher, school 29 guidance counselor, school psychologist, school social worker, school 30 nurse, school administrator or other school personnel required to hold a 31 teaching or administrative license or certificate, and full or part-time 32 compensated school employee required to hold a temporary coaching 33 license or professional coaching certificate. 34 3. "Respondent" means the person against whom an extreme risk 35 protection order is or may be sought under this article. 36 4. "Possess" shall have the same meaning as defined in subdivision 37 eight of section 10.00 of the penal law. 38 § 6341. Application for an extreme risk protection order. In accord- 39 ance with this article, a petitioner may file a sworn application, and 40 accompanying supporting documentation, setting forth the facts and 41 circumstances justifying the issuance of an extreme risk protection 42 order. Such application and supporting documentation shall be filed in 43 the supreme court in the county in which the respondent resides. The 44 chief administrator of the courts shall adopt forms that may be used for 45 purposes of such applications and the court's consideration of such 46 applications. Such application form shall include inquiry as to whether 47 the petitioner knows, or has reason to believe, that the respondent 48 owns, possesses or has access to a firearm, rifle or shotgun and if so, 49 a request that the petitioner list or describe such firearms, rifles and 50 shotguns, and the respective locations thereof, with as much specificity 51 as possible. 52 § 6342. Issuance of a temporary extreme risk protection order. 1. 53 Upon application of a petitioner pursuant to this article, the court may 54 issue a temporary extreme risk protection order, ex parte or otherwise, 55 to prohibit the respondent from purchasing, possessing or attempting to 56 purchase or possess a firearm, rifle or shotgun, upon a finding thatS. 1505 84 A. 2005 1 there is probable cause to believe the respondent is likely to engage in 2 conduct that would result in serious harm to himself, herself or others, 3 as defined in paragraph one or two of subdivision (a) of section 9.39 of 4 the mental hygiene law. Such application for a temporary order shall be 5 determined in writing on the same day the application is filed. 6 2. In determining whether grounds for a temporary extreme risk 7 protection order exist, the court shall consider any relevant factors 8 including, but not limited to, the following acts of the respondent: 9 (a) a threat or act of violence or use of physical force directed 10 toward self, the petitioner, or another person; 11 (b) a violation or alleged violation of an order of protection; 12 (c) any pending charge or conviction for an offense involving the use 13 of a weapon; 14 (d) the reckless use, display or brandishing of a firearm, rifle or 15 shotgun; 16 (e) any history of a violation of an extreme risk protection order; 17 (f) evidence of recent or ongoing abuse of controlled substances or 18 alcohol; or 19 (g) evidence of recent acquisition of a firearm, rifle, shotgun or 20 other deadly weapon or dangerous instrument, or any ammunition therefor. 21 In considering the factors under this subdivision, the court shall 22 consider the time that has elapsed since the occurrence of such act or 23 acts and the age of the person at the time of the occurrence of such act 24 or acts. 25 For the purposes of this subdivision, "recent" means within the six 26 months prior to the date the petition was filed. 27 3. The application of the petitioner and supporting documentation, if 28 any, shall set forth the factual basis for the request and probable 29 cause for issuance of a temporary order. The court may conduct an exam- 30 ination under oath of the petitioner and any witness the petitioner may 31 produce. 32 4. A temporary extreme risk protection order, if warranted, shall 33 issue in writing, and shall include: 34 (a) a statement of the grounds found for the issuance of the order; 35 (b) the date and time the order expires; 36 (c) the address of the court that issued the order; 37 (d) a statement to the respondent: (i) directing that the respondent 38 may not purchase, possess or attempt to purchase or possess a firearm, 39 rifle or shotgun while the order is in effect and that any firearm, 40 rifle or shotgun possessed by such respondent shall be promptly surren- 41 dered to any authorized law enforcement official in the same manner as 42 set forth in subdivision five of section 530.14 of the criminal proce- 43 dure law; 44 (ii) informing the respondent that the court will hold a hearing no 45 sooner than three nor more than six business days after service of the 46 temporary order, to determine whether a final extreme risk protection 47 order will be issued and the date, time and location of such hearing, 48 provided that the respondent shall be entitled to more than six days 49 upon request in order to prepare for the hearing; and (iii) informing 50 the respondent the he or she may seek the advice of an attorney and that 51 an attorney should be consulted promptly; and 52 (e) a form to be completed and executed by the respondent at the time 53 of service of the temporary extreme risk protection order which elicits 54 a list of all firearms, rifles and shotguns possessed by the respondent 55 and the particular location of each firearm, rifle or shotgun listed.S. 1505 85 A. 2005 1 5. If the application for a temporary extreme risk protection order is 2 not granted, the court shall notify the petitioner and, unless the 3 application is voluntarily withdrawn by the petitioner, nonetheless 4 schedule a hearing on the application for a final extreme risk 5 protection order. Such hearing shall be scheduled to be held promptly, 6 but in any event no later than ten business days after the date on which 7 such application is served on the respondent, provided, however, that 8 the respondent may request, and the court may grant, additional time to 9 allow the respondent to prepare for the hearing. A notice of such hear- 10 ing shall be prepared by the court and shall include the date and time 11 of the hearing, the address of the court, and the subject of the hear- 12 ing. 13 6. (a) The court shall, in the manner specified in paragraph (b) of 14 this subdivision, arrange for prompt service of a copy of the temporary 15 extreme risk protection order, if any, the application therefor and, if 16 separately applied for or if a temporary extreme risk protection order 17 was not granted, the application for an extreme risk protection order, 18 any notice of hearing prepared by the court, along with any associated 19 papers including the petition and any supporting documentation, 20 provided, that the court may redact the address and contact information 21 of the petitioner from such application and papers where the court finds 22 that disclosure of such address or other contact information would pose 23 an unreasonable risk to the health or safety of the petitioner. 24 (b) The court shall provide copies of such documents to the appropri- 25 ate law enforcement agency serving the jurisdiction of the respondent's 26 residence with a direction that such documents be promptly served, at no 27 cost to the petitioner, on the respondent; provided, however, that the 28 petitioner may voluntarily arrange for service of copies of such order 29 and associated papers through a third party, such as a licensed process 30 server. 31 7. (a) The court shall notify the division of state police, any other 32 law enforcement agency with jurisdiction, all applicable licensing offi- 33 cers, and the division of criminal justice services of the issuance of a 34 temporary extreme risk protection order and provide a copy of such order 35 no later than the next business day after issuing the order to such 36 persons or agencies. The court also shall promptly notify such persons 37 and agencies and provide a copy of any order amending or revoking such 38 protection order or restoring the respondent's ability to own or possess 39 firearms, rifles or shotguns no later than the next business day after 40 issuing the order to restore such right to the respondent. The court 41 also shall report such demographic data as required by the state divi- 42 sion of criminal justice services at the time such order is transmitted 43 thereto. Any notice or report submitted pursuant to this subdivision 44 shall be in an electronic format, in a manner prescribed by the division 45 of criminal justice services. 46 (b) Upon receiving notice of the issuance of a temporary extreme risk 47 protection order, the division of criminal justice services shall imme- 48 diately report the existence of such order to the federal bureau of 49 investigation to allow the bureau to identify persons prohibited from 50 purchasing firearms, rifles or shotguns. The division shall also imme- 51 diately report to the bureau the expiration of any such protection 52 order, any court order amending or revoking such protection order or 53 restoring the respondent's ability to purchase a firearm, rifle or shot- 54 gun. 55 8. A law enforcement officer serving a temporary extreme risk 56 protection order shall request that the respondent immediately surrenderS. 1505 86 A. 2005 1 to the officer all firearms, rifles and shotguns in the respondent's 2 possession and the officer shall conduct any search permitted by law for 3 such firearms. The law enforcement officer shall take possession of all 4 firearms, rifles and shotguns that are surrendered, that are in plain 5 sight, or that are discovered pursuant to a lawful search. As part of 6 the order, the court may also direct a police officer to search for 7 firearms, rifles and shotguns in the respondent's possession in a manner 8 consistent with the procedures of article six hundred ninety of the 9 criminal procedure law. 10 9. Upon issuance of a temporary extreme risk protection order, or upon 11 setting a hearing for a final extreme risk protection order where a 12 temporary order is denied or not requested, the court shall direct the 13 law enforcement agency having jurisdiction to conduct a background 14 investigation and report to the court and, subject to any appropriate 15 redactions to protect any person, each party regarding whether the 16 respondent: 17 (a) has any prior criminal conviction for an offense involving domes- 18 tic violence, use of a weapon, or other violence; 19 (b) has any criminal charge or violation currently pending against him 20 or her; 21 (c) is currently on parole or probation; 22 (d) possesses any registered firearms, rifles or shotguns; and 23 (e) has been, or is, subject to any order of protection or has 24 violated or allegedly violated any order of protection. 25 § 6343. Issuance of a final extreme risk protection order. 1. In 26 accordance with this article, no sooner than three business days nor 27 later than six business days after service of a temporary extreme risk 28 protection order and, alternatively, no later than ten business days 29 after service of an application under this article where no temporary 30 extreme risk protection order has been issued, the supreme court shall 31 hold a hearing to determine whether to issue a final extreme risk 32 protection order and, when applicable, whether a firearm, rifle or shot- 33 gun surrendered by, or removed from, the respondent should be returned 34 to the respondent. The respondent shall be entitled to more than six 35 business days if a temporary extreme risk protection order has been 36 issued and the respondent requests a reasonable period of additional 37 time to prepare for the hearing. Where no temporary order has been 38 issued, the respondent may request, and the court may grant, additional 39 time beyond the ten days to allow the respondent to prepare for the 40 hearing. 41 2. At the hearing pursuant to subdivision one of this section, the 42 petitioner shall have the burden of proving, by clear and convincing 43 evidence, that the respondent is likely to engage in conduct that would 44 result in serious harm to himself, herself or others, as defined in 45 paragraph one or two of subdivision (a) of section 9.39 of the mental 46 hygiene law. The court may consider the petition and any evidence 47 submitted by the petitioner, any evidence submitted by the respondent, 48 any testimony presented, and the report of the relevant law enforcement 49 agency submitted pursuant to subdivision nine of section sixty-three 50 hundred forty-two of this article. The court shall also consider the 51 factors set forth in subdivision two of section sixty-three hundred 52 forty-two of this article. 53 3. (a) After the hearing pursuant to subdivision one of this section, 54 the court shall issue a written order granting or denying the extreme 55 risk protection order and setting forth the reasons for such determi- 56 nation. If the extreme risk protection order is granted, the court shallS. 1505 87 A. 2005 1 direct service of such order in the manner and in accordance with the 2 protections for the petitioner set forth in subdivision six of section 3 sixty-three hundred forty-two of this article. 4 (b) Upon issuance of an extreme risk protection order: (i) any 5 firearm, rifle or shotgun removed pursuant to a temporary extreme risk 6 protection order or such extreme risk protection order shall be retained 7 by the law enforcement agency having jurisdiction for the duration of 8 the order, unless ownership of the firearm, rifle or shotgun is legally 9 transferred by the respondent to another individual permitted by law to 10 own and possess such firearm, rifle or shotgun; (ii) the supreme court 11 shall temporarily suspend any existing firearm license possessed by the 12 respondent and order the respondent temporarily ineligible for such a 13 license; (iii) the respondent shall be prohibited from purchasing or 14 possessing, or attempting to purchase or possess, a firearm, rifle or 15 shotgun; and (iv) the court shall direct the respondent to surrender any 16 firearm, rifle or shotgun in his or her possession in the same manner as 17 set forth in subdivision five of section 530.14 of the criminal proce- 18 dure law. 19 (c) An extreme risk protection order issued in accordance with this 20 section shall extend, as specified by the court, for a period of up to 21 one year from the date of the issuance of such order; provided, however, 22 that if such order was immediately preceded by the issuance of a tempo- 23 rary extreme risk protection order, then the duration of the extreme 24 risk protection order shall be measured from the date of issuance of 25 such temporary extreme risk protection order. 26 (d) A law enforcement officer serving a final extreme risk protection 27 order shall request that the respondent immediately surrender to the 28 officer all firearms, rifles and shotguns in the respondent's possession 29 and the officer shall conduct any search permitted by law for such 30 firearms. The law enforcement officer shall take possession of all 31 firearms, rifles and shotguns that are surrendered, that are in plain 32 sight, or that are discovered pursuant to a lawful search. As part of 33 the order, the court may also direct a police officer to search for 34 firearms, rifles and shotguns in a respondent's possession consistent 35 with the procedures of article six hundred ninety of the criminal proce- 36 dure law. 37 4. (a) The court shall notify the division of state police, any other 38 law enforcement agency with jurisdiction, all applicable licensing offi- 39 cers, and the division of criminal justice services of the issuance of a 40 final extreme risk protection order and provide a copy of such order to 41 such persons and agencies no later than the next business day after 42 issuing the order. The court also shall promptly notify such persons and 43 agencies and provide a copy of any order amending or revoking such 44 protection order or restoring the respondent's ability to own or possess 45 firearms, rifles or shotguns no later than the next business day after 46 issuing the order to restore such right to the respondent. Any notice or 47 report submitted pursuant to this subdivision shall be in an electronic 48 format, in a manner prescribed by the division of criminal justice 49 services. 50 (b) Upon receiving notice of the issuance of a final extreme risk 51 protection order, the division of criminal justice services shall imme- 52 diately report the existence of such order to the federal bureau of 53 investigation to allow the bureau to identify persons prohibited from 54 purchasing firearms, rifles or shotguns. The division shall also imme- 55 diately report to the bureau the expiration of such protection order andS. 1505 88 A. 2005 1 any court order amending or revoking such protection order or restoring 2 the respondent's ability to purchase a firearm, rifle or shotgun. 3 5. (a) If, in accordance with a temporary extreme risk protection 4 order, a firearm, rifle or shotgun has been surrendered by or removed 5 from the respondent, and the supreme court subsequently finds that the 6 petitioner has not met the required standard of proof, the court's find- 7 ing shall include a written order, issued to all parties, directing that 8 any firearm, rifle or shotgun surrendered or removed pursuant to such 9 temporary order shall be returned to the respondent, upon a written 10 finding that there is no legal impediment to the respondent's possession 11 of such firearm, rifle or shotgun. 12 (b) If any other person demonstrates that he or she is the lawful 13 owner of any firearm, rifle or shotgun surrendered or removed pursuant 14 to a protection order issued in accordance with this article, and 15 provided that the court has made a written finding that there is no 16 legal impediment to the person's possession of a surrendered or removed 17 firearm, rifle or shotgun, the court shall direct that such firearm, 18 rifle or shotgun be returned to such lawful owner and inform such person 19 of the obligation to safely store such firearm, rifle, or shotgun in 20 accordance with section 265.45 of the penal law. 21 6. The respondent shall be notified on the record and in writing by 22 the court that he or she may submit one written request, at any time 23 during the effective period of an extreme risk protection order, for a 24 hearing setting aside any portion of such order. The request shall be 25 submitted in substantially the same form and manner as prescribed by the 26 chief administrator of the courts. Upon such request, the court shall 27 promptly hold a hearing, in accordance with this article, after provid- 28 ing reasonable notice to the petitioner. The respondent shall bear the 29 burden to prove, by clear and convincing evidence, any change of circum- 30 stances that may justify a change to the order. 31 § 6344. Surrender and removal of firearms, rifles and shotguns pursu- 32 ant to an extreme risk protection order. 1. When a law enforcement offi- 33 cer takes any firearm, rifle or shotgun pursuant to a temporary extreme 34 risk protection order or a final extreme risk protection order, the 35 officer shall give to the person from whom such firearm, rifle or shot- 36 gun is taken a receipt or voucher for the property taken, describing the 37 property in detail. In the absence of a person, the officer shall leave 38 the receipt or voucher in the place where the property was found, mail a 39 copy of the receipt or voucher, retaining proof of mailing, to the last 40 known address of the respondent and, if different, the owner of the 41 firearm, rifle or shotgun, and file a copy of such receipt or voucher 42 with the court. All firearms, rifles and shotguns in the possession of a 43 law enforcement official pursuant to this article shall be subject to 44 the provisions of applicable law, including but not limited to subdivi- 45 sion six of section 400.05 of the penal law; provided, however, that any 46 such firearm, rifle or shotgun shall be retained and not disposed of by 47 the law enforcement agency for at least two years unless legally trans- 48 ferred by the respondent to an individual permitted by law to own and 49 possess such firearm, rifle or shotgun. 50 2. If the location to be searched during the execution of a temporary 51 extreme risk protection order or extreme risk protection order is joint- 52 ly occupied by two or more parties, and a firearm, rifle or shotgun 53 located during the execution of such order is owned by a person other 54 than the respondent, the court shall, upon a written finding that there 55 is no legal impediment to the person other than the respondent's 56 possession of such firearm, rifle or shotgun, order the return of suchS. 1505 89 A. 2005 1 firearm, rifle or shotgun to such lawful owner and inform such person of 2 their obligation to safely store their firearm, rifle, or shotgun in 3 accordance with section 265.45 of the penal law. 4 § 6345. Request for renewal of an extreme risk protection order. 1. 5 If a petitioner believes a person subject to an extreme risk protection 6 order continues to be likely to engage in conduct that would result in 7 serious harm to himself, herself, or others, as defined in paragraph one 8 or two of subdivision (a) of section 9.39 of the mental hygiene law, 9 such petitioner may, at any time within sixty days prior to the expira- 10 tion of such existing extreme risk protection order, initiate a request 11 for a renewal of such order, setting forth the facts and circumstances 12 necessitating the request. The chief administrator of the courts shall 13 adopt forms that may be used for purposes of such applications and the 14 court's consideration of such applications. The court may issue a tempo- 15 rary extreme risk protection order in accordance with section sixty- 16 three hundred forty-two of this article, during the period that a 17 request for renewal of an extreme risk protection order is under consid- 18 eration pursuant to this section. 19 2. A hearing held pursuant to this section shall be conducted in the 20 supreme court, in accordance with section sixty-three hundred forty- 21 three of this article, to determine if a request for renewal of the 22 order shall be granted. The respondent shall be served with written 23 notice of an application for renewal a reasonable time before the hear- 24 ing, and shall be afforded an opportunity to fully participate in the 25 hearing. The court shall direct service of such application and the 26 accompanying papers in the manner and in accordance with the protections 27 for the petitioner set forth in subdivision six of section sixty-three 28 hundred forty-two of this article. 29 § 6346. Expiration of an extreme risk protection order. 1. A 30 protection order issued pursuant to this article, and all records of any 31 proceedings conducted pursuant to this article, shall be sealed upon 32 expiration of such order and the clerk of the court wherein such 33 proceedings were conducted shall immediately notify the commissioner of 34 the division of criminal justice services, the heads of all appropriate 35 police departments, applicable licensing officers, and all other appro- 36 priate law enforcement agencies that the order has expired and that the 37 record of such protection order shall be sealed and not be made avail- 38 able to any person or public or private entity, except that such records 39 shall be made available to: 40 (a) the respondent or the respondent's designated agent; 41 (b) courts in the unified court system; 42 (c) police forces and departments having responsibility for enforce- 43 ment of the general criminal laws of the state; 44 (d) any state or local officer or agency with responsibility for the 45 issuance of licenses to possess a firearm, rifle or shotgun, when the 46 respondent has made application for such a license; and 47 (e) any prospective employer of a police officer or peace officer as 48 those terms are defined in subdivisions thirty-three and thirty-four of 49 section 1.20 of the criminal procedure law, in relation to an applica- 50 tion for employment as a police officer or peace officer; provided, 51 however, that every person who is an applicant for the position of 52 police officer or peace officer shall be furnished with a copy of all 53 records obtained under this subparagraph and afforded an opportunity to 54 make an explanation thereto. 55 2. Upon expiration of a protection order issued pursuant to this arti- 56 cle and upon written application of the respondent who is the subject ofS. 1505 90 A. 2005 1 such order, with notice and opportunity to be heard to the petitioner 2 and every licensing officer responsible for issuance of a firearm 3 license to the subject of the order pursuant to article four hundred of 4 the penal law, and upon a written finding that there is no legal imped- 5 iment to the respondent's possession of a surrendered firearm, rifle or 6 shotgun, the court shall order the return of a firearm, rifle or shotgun 7 not otherwise disposed of in accordance with subdivision one of section 8 sixty-three hundred forty-four of this article. When issuing such order 9 in connection with any firearm subject to a license requirement under 10 article four hundred of the penal law, if the licensing officer informs 11 the court that he or she will seek to revoke the license, the order 12 shall be stayed by the court until the conclusion of any license revoca- 13 tion proceeding. 14 § 6347. Effect of findings and determinations in subsequent 15 proceedings. Notwithstanding any contrary claim based on common law or 16 a provision of any other law, no finding or determination made pursuant 17 to this article shall be interpreted as binding, or having collateral 18 estoppel or similar effect, in any other action or proceeding, or with 19 respect to any other determination or finding, in any court, forum or 20 administrative proceeding. 21 § 2. Section 265.45 of the penal law, as amended by section 3 of part 22 FF of chapter 57 of the laws of 2013, is amended to read as follows: 23 § 265.45 Safe storage of rifles, shotguns, and firearms. 24 No person who owns or is custodian of a rifle, shotgun or firearm who 25 resides with an individual who such person knows or has reason to know 26 is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g) 27 (1), (4), (8) or (9), or pursuant to a temporary or final extreme risk 28 protection order issued under article sixty-three-A of the civil prac- 29 tice law and rules, shall store or otherwise leave such rifle, shotgun 30 or firearm out of his or her immediate possession or control without 31 having first securely locked such rifle, shotgun or firearm in an appro- 32 priate safe storage depository or rendered it incapable of being fired 33 by use of a gun locking device appropriate to that weapon. For purposes 34 of this section "safe storage depository" shall mean a safe or other 35 secure container which, when locked, is incapable of being opened with- 36 out the key, combination or other unlocking mechanism and is capable of 37 preventing an unauthorized person from obtaining access to and 38 possession of the weapon contained therein. With respect to a person who 39 is prohibited from possessing a firearm pursuant to 18 USC § 922(g)(9), 40 for purposes of this section, this section applies only if such person 41 has been convicted of a crime included in subdivision one of section 42 370.15 of the criminal procedure law and such gun is possessed within 43 five years from the later of the date of conviction or completion of 44 sentence. Nothing in this section shall be deemed to affect, impair or 45 supersede any special or local act relating to the safe storage of 46 rifles, shotguns or firearms which impose additional requirements on the 47 owner or custodian of such weapons. 48 A violation of this section shall constitute a class A misdemeanor. 49 § 3. If any part or provision of this act is adjudged by a court of 50 competent jurisdiction to be unconstitutional or otherwise invalid, such 51 judgment shall not affect or impair any other part of provision of this 52 act, but shall be confined in its operation to such part or provision. 53 § 4. This act shall take effect on the one hundred eightieth day after 54 it shall have become a law. 55 PART AAS. 1505 91 A. 2005 1 Section 1. This part enacts into law major components of legislation 2 which are necessary to reform the manner in which New York state pursues 3 justice before trial. This state, like most across the United States, 4 has for far too long needlessly incarcerated those meant to be guaran- 5 teed a presumption of innocence simply because of an inability to pay 6 bail and have forced those same people to choose between facing lengthy 7 prison sentences or a speedy return to society without providing them 8 with sufficient information regarding the case against them. This Part 9 will usher into New York true reforms in the areas of bail, discovery, 10 and speedy trial. Each component is wholly contained within a Subpart 11 identified as Subparts A through C. The effective date for each partic- 12 ular provision contained within such Subpart is set forth in the last 13 section of such Subpart. Any provision in any section contained within 14 a Subpart, including the effective date of the Subpart, which makes a 15 reference to a section "of this act", when used in connection with that 16 particular component, shall be deemed to mean and refer to the corre- 17 sponding section of the Subpart in which it is found. 18 SUBPART A 19 Section 1. Legislative findings. The legislature finds and declares 20 that there is a present need to revise New York's procedures regulating 21 release of persons charged with criminal offenses pending trial, set 22 forth in title P of the criminal procedure law, so that fewer presumed- 23 innocent people are held behind bars pretrial. First, the bill requires 24 the police to issue appearance tickets in misdemeanor and class E felony 25 cases, with enumerated exceptions, so that fewer people spend time in 26 jail before arraignment. Then after arraignment, the bill breaks the 27 link between paying money and earning freedom, so that defendants are 28 either released on their own recognizance or, failing that, released 29 under non-monetary conditions. The bill also revises the existing proc- 30 ess of remanding individuals in jail before trial, so that pretrial 31 detention can be ordered only in limited cases involving high risk of 32 flight or a current risk to the physical safety of a reasonably iden- 33 tifiable person or persons, and the order comports with Supreme Court 34 jurisprudence regarding required substantive and procedural due process 35 before detention. 36 § 2. Subdivision 1 of section 150.20 of the criminal procedure law, as 37 amended by chapter 550 of the laws of 1987, is amended to read as 38 follows: 39 1. (a) Whenever a police officer is authorized pursuant to section 40 140.10 of this title to arrest a person without a warrant for an offense 41 other than a class A, B, C or D felony or a violation of section 130.25, 42 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, he [may] 43 shall, except as set out in paragraph (b) of this subdivision, subject 44 to the provisions of subdivisions three and four of section 150.40 of 45 this title, instead issue to and serve upon such person an appearance 46 ticket. 47 (b) An officer is not required to issue an appearance ticket if the 48 person: 49 (i) has one or more outstanding warrants; 50 (ii) has a documented history of failure to appear in court 51 proceedings; 52 (iii) has been given a reasonable opportunity to make their verifiable 53 identity and a method of contact known, and has been unable or unwillingS. 1505 92 A. 2005 1 to do so, so that a custodial arrest is necessary to subject the indi- 2 vidual to the jurisdiction of the court; 3 (iv) is charged with a crime or offense between members of the same 4 family or household, as defined in subdivision one of section 530.11 of 5 this chapter; 6 (v) is charged with a crime or offense involving sexual misconduct 7 under section 130.00 of the penal law; 8 (vi) should, in the officer's estimation, be brought before the court 9 for consideration of issuance of an order of protection, pursuant to 10 section 530.13 of this chapter, based on the facts of the crime or 11 offense that the officer has reasonable cause to believe occurred; 12 (vii) should, in the officer's estimation, be brought before the court 13 for consideration of court-ordered restrictions on operation of a motor 14 vehicle, based on the facts of the crime or offense that the officer has 15 reasonable cause to believe occurred; 16 (viii) should, in the officer's estimation, be brought before the 17 court for consideration of court ordered medical or mental health 18 assessment, based on the facts of the alleged crime or offense that the 19 officer has reasonable cause to believe occurred and the observed behav- 20 ior of the individual when in contact with the police; or 21 (ix) is unlikely to return to court on the return date of an appear- 22 ance ticket for reasons specific to the facts of the case that the offi- 23 cer can articulate in the information or misdemeanor complaint. These 24 reasons cannot rely solely on the defendant's prior criminal history or 25 place of residence. 26 § 3. Section 150.30 of the criminal procedure law is REPEALED. 27 § 4. Subdivision 1 of section 150.40 of the criminal procedure law is 28 amended to read as follows: 29 1. An appearance ticket must be made returnable at a date as soon as 30 possible, but in no event later than twenty days from the date of issu- 31 ance. The appearance ticket shall be made returnable in a local criminal 32 court designated in section 100.55 of this title as one with which an 33 information for the offense in question may be filed. 34 § 5. Subdivisions 1, 2, 4, 5 and 6 of section 500.10 of the criminal 35 procedure law are amended and a new subdivision 3-a is added to read as 36 follows: 37 1. "Principal" means a defendant in a criminal action or proceeding, 38 or a person adjudged a material witness therein, or any other person so 39 involved therein that [he] the principal may by law be compelled to 40 appear before a court for the purpose of having such court exercise 41 control over [his] the principal's person to secure [his] the princi- 42 pal's future attendance at the action or proceeding when required, and 43 who in fact either is before the court for such purpose or has been 44 before it and been subjected to such control. 45 2. "Release on own recognizance." A court releases a principal on 46 [his] the principal's own recognizance when, having acquired control 47 over [his] the principal's person, it permits [him] the principal to be 48 at liberty during the pendency of the criminal action or proceeding 49 involved upon condition that [he] the principal will appear thereat 50 whenever [his] the principal's attendance may be required and will at 51 all times render [himself] the principal amenable to the orders and 52 processes of the court. 53 3-a. "Release under non-monetary conditions". A court releases a prin- 54 cipal under non-monetary conditions when, having acquired control over a 55 person, it permits the person to be at liberty during the pendency of 56 the criminal action under conditions set by the court, which shall beS. 1505 93 A. 2005 1 the least restrictive that will reasonably assure the principal's return 2 appearance in court. Such conditions may include, among others, that the 3 principal shall be in contact with a pretrial services agency serving 4 principals in that county; that the principal shall abide by specified 5 restrictions on association or travel that are reasonably related to a 6 risk of flight from the jurisdiction; that the principal shall refrain 7 from possessing a firearm, destructive device or other dangerous weapon; 8 that the person be placed in pretrial supervision with a pretrial 9 services agency serving principals in that county; that the person be 10 monitored with an approved electronic monitoring device. A principal 11 shall not be required to pay for any part of the cost of release under 12 non-monetary conditions, including, but not limited to, electronic moni- 13 toring. 14 4. "Commit to the custody of the sheriff." A court commits a principal 15 to the custody of the sheriff when, having acquired control over his 16 person, it orders that he be confined in the custody of the sheriff 17 [during the pendency of the criminal action or proceeding involved] 18 pending the outcome of a hearing under article five hundred forty-five 19 of this title, as to whether the individual shall be ordered into 20 pretrial detention. 21 5. "Securing order" means an order of a court [committing a principal22to the custody of the sheriff, or fixing bail, or releasing him on his23own recognizance] that either releases a principal under personal recog- 24 nizance, or releases the principal under non-monetary conditions, all 25 with the direction that the principal return to court for future court 26 appearances and to be at all times amendable to the orders and processes 27 of the court. 28 6. ["Order of recognizance or bail" means a securing order releasing a29principal on his own recognizance or fixing bail] "Pretrial detention". 30 A county or superior court may commit a principal to pretrial detention 31 if, after a hearing and making such findings as specified in article 32 five hundred forty-five of this title, a judge so orders detention. 33 § 6. Section 510.10 of the criminal procedure law, as amended by chap- 34 ter 459 of the laws of 1984, is amended to read as follows: 35 § 510.10 Securing order; when required; alternatives available; standard 36 to be applied. 37 1. When a principal, whose future court attendance at a criminal 38 action or proceeding is or may be required, initially comes under the 39 control of a court, such court [must] shall, by a securing order[,40either release him on his own recognizance, fix bail or commit him to41the custody of the sheriff.] release the principal pending trial on the 42 principal's personal recognizance, unless the court finds on the record 43 that release on recognizance will not reasonably assure the individual's 44 court attendance. In such instances, the court will release the individ- 45 ual under non-monetary conditions, selecting the least restrictive 46 alternative that will reasonably assure the principal's court attend- 47 ance. The court will support its choice of alternative on the record. 48 2. Notwithstanding the above, in cases where the people indicate that 49 they intend to move for pretrial detention as set out in article five 50 hundred forty-five of this title, the court may commit the defendant to 51 the custody of the sheriff or issue a securing order in accordance with 52 article five hundred forty-five of this title. 53 3. When a securing order is revoked or otherwise terminated in the 54 course of an uncompleted action or proceeding but the principal's future 55 court attendance still is or may be required and [he] the principal is 56 still under the control of a court, a new securing order must be issued.S. 1505 94 A. 2005 1 When the court revokes or otherwise terminates a securing order which 2 committed the principal to the custody of the sheriff, the court shall 3 give written notification to the sheriff of such revocation or termi- 4 nation of the securing order. 5 § 7. Section 510.20 of the criminal procedure law is amended to read 6 as follows: 7 § 510.20 [Application for recognizance or bail; making and determination8thereof in general] Application for a change in securing 9 order based on a material change of circumstances. 10 1. Upon any occasion when a court [is required to issue] has issued a 11 securing order with respect to a principal, [or at any time when a prin-12cipal is confined in the custody of the sheriff as a result of a previ-13ously issued securing order, he] the defendant or the people may make an 14 application for [recognizance or bail] a different securing order due to 15 a material change of circumstances. 16 2. Upon such application, the principal or the people must be accorded 17 an opportunity to be heard and to contend that [an order of recognizance18or bail] a different securing order must or should issue[, that the19court should release him on his own recognizance rather than fix bail,20and that if bail is fixed it should be in a suggested amount and form] 21 because, due to a material change in circumstances, the current order is 22 either too restrictive or not restrictive enough to reasonably ensure a 23 defendant's appearance in court. In acting upon such an application, 24 the court shall select the least restrictive alternative that will 25 reasonably ensure a court appearance. 26 § 8. Section 510.30 of the criminal procedure law, subparagraph (v) of 27 paragraph (a) of subdivision 2 as amended by chapter 920 of the laws of 28 1982, subparagraph (vi) of paragraph (a) of subdivision 2 as renumbered 29 by chapter 447 of the laws of 1977, subparagraph (vii) of paragraph (a) 30 of subdivision 2 as added and subparagraphs (viii) and (ix) of paragraph 31 (a) of subdivision 2 as renumbered by section 1 of part D of chapter 491 32 of the laws of 2012, and subdivision 3 as added by chapter 788 of the 33 laws of 1981, is amended to read as follows: 34 § 510.30 Application for [recognizance or bail] securing order; rules of 35 law and criteria controlling determination. 36 [1. Determinations of applications for recognizance or bail are not in37all cases discretionary but are subject to rules, prescribed in article38five hundred thirty and other provisions of law relating to specific39kinds of criminal actions and proceedings, providing (a) that in some40circumstances such an application must as a matter of law be granted,41(b) that in others it must as a matter of law be denied and the princi-42pal committed to or retained in the custody of the sheriff, and (c) that43in others the granting or denial thereof is a matter of judicial44discretion.452. To the extent that the issuance of an order of recognizance or bail46and the terms thereof are matters of discretion rather than of law, an47application is determined on the basis of the following factors and48criteria:49(a)] With respect to any principal, the court in all cases, unless 50 otherwise provided by law, must [consider the] impose the least restric- 51 tive kind and degree of control or restriction that is necessary to 52 secure [his] the principal's court attendance when required. In deter- 53 mining that matter, the court must, on the basis of available informa- 54 tion, consider and take into account: 55 [(i) The principal's character, reputation, habits and mental condi-56tion;S. 1505 95 A. 2005 1(ii) His employment and financial resources; and2(iii) His family ties and the length of his residence if any in the3community; and4(iv) His] 1. information about the principal that is relevant to court 5 appearance, including, but not limited to, the principal's activities, 6 history and community ties; 7 2. if the principal is a defendant, the charges facing the principal; 8 3. the principal's criminal record if any; provided that the court 9 must also consider the time that has elapsed since the occurrence of the 10 crime or crimes and the age of the principal at the time of the occur- 11 rence of such delinquent or youthful offender conduct; [and12(v) His] 4. the principal's record of previous adjudication as a juve- 13 nile delinquent, as retained pursuant to section 354.2 of the family 14 court act, or, of pending cases where fingerprints are retained pursuant 15 to section 306.1 of such act, or a youthful offender, if any; provided 16 that the court must also consider the time that has elapsed since the 17 occurrence of the crime or crimes and the age of the principal at the 18 time of the occurrence of such delinquent or youthful offender conduct; 19 [and20(vi) His] 5. the principal's previous record if any in responding to 21 court appearances when required or with respect to flight to avoid crim- 22 inal prosecution; [and23(vii) Where] 6. where the principal is charged with a crime or crimes 24 against a member or members of the same family or household as that term 25 is defined in subdivision one of section 530.11 of this title, the 26 following factors: 27 [(A)] (i) any violation by the principal of an order of protection 28 issued by any court for the protection of a member or members of the 29 same family or household as that term is defined in subdivision one of 30 section 530.11 of this title, whether or not such order of protection is 31 currently in effect; and 32 [(B)] (ii) the principal's history of use or possession of a firearm; 33 [and34(viii)] 7. If [he] the principal is a defendant, the weight of the 35 evidence against [him] the principal in the pending criminal action and 36 any other factor indicating probability or improbability of conviction; 37 or, in the case of an application for [bail or recognizance] securing 38 order pending appeal, the merit or lack of merit of the appeal; and 39 [(ix)] 8. If [he] the principal is a defendant, the sentence which may 40 be or has been imposed upon conviction[.41(b) Where the principal is a defendant-appellant in a pending appeal42from a judgment of conviction, the court must also consider the likeli-43hood of ultimate reversal of the judgment. A determination that the44appeal is palpably without merit alone justifies, but does not require,45a denial of the application, regardless of any determination made with46respect to the factors specified in paragraph (a).473. When bail or recognizance is ordered, the court shall inform the48principal, if he is a defendant charged with the commission of a felony,49that the release is conditional and that the court may revoke the order50of release and commit the principal to the custody of the sheriff in51accordance with the provisions of subdivision two of section 530.60 of52this chapter if he commits a subsequent felony while at liberty upon53such order.]; and 54 9. if the principal is a defendant-appellant in a pending appeal from 55 a judgment of conviction, the court must also consider the likelihood of 56 ultimate reversal of the judgment. A determination that the appeal isS. 1505 96 A. 2005 1 palpably without merit alone justifies, but does not require, a denial 2 of the application, regardless of any determination made with respect to 3 the factors specified in this paragraph. 4 § 9. Section 510.40 of the criminal procedure law is amended to read 5 as follows: 6 § 510.40 [Application for recognizance or bail; determination thereof,7form of securing order and execution thereof] Notification to 8 principal by court of conditions of release and penalties for 9 violations of release. 10 1. [An application for recognizance or bail must be determined by a11securing order which either:12(a) Grants the application and releases the principal on his own13recognizance; or14(b) Grants the application and fixes bail; or15(c) Denies the application and commits the principal to, or retains16him in, the custody of the sheriff.172.] Upon ordering that a principal be released on [his] the princi- 18 pal's own recognizance, or released under non-monetary conditions, the 19 court must direct [him] the principal to appear in the criminal action 20 or proceeding involved whenever [his] the principal's attendance may be 21 required and to [render himself] be at all times amenable to the orders 22 and processes of the court. If the principal is a defendant, the court 23 shall also direct the defendant not to commit a crime while at liberty 24 upon the court's securing order. If such principal is in the custody of 25 the sheriff [or at liberty upon bail] at the time of the order, the 26 court must direct that [he] the principal be discharged from such custo- 27 dy [or, as the case may be, that his bail be exonerated]. 28 [3. Upon the issuance of an order fixing bail, and upon the posting29thereof, the court must examine the bail to determine whether it30complies with the order. If it does, the court must, in the absence of31some factor or circumstance which in law requires or authorizes disap-32proval thereof, approve the bail and must issue a certificate of33release, authorizing the principal to be at liberty, and, if he is in34the custody of the sheriff at the time, directing the sheriff to35discharge him therefrom. If the bail fixed is not posted, or is not36approved after being posted, the court must order that the principal be37committed to the custody of the sheriff.] 38 2. If the principal is released under non-monetary conditions, the 39 court shall, in the document authorizing the principal's release, notify 40 the principal of: 41 (a) any of the conditions under which the principal is subject, in 42 addition to the directions in subdivision one of this section, in a 43 manner sufficiently clear and specific to serve as a guide for the prin- 44 cipal's conduct; and 45 (b) the consequences for violation of those conditions, which could 46 include revoking of the securing order, setting of a more restrictive 47 securing order, or, after a motion and a hearing prescribed in article 48 five hundred forty-five of this title, pretrial detention. 49 § 10. The criminal procedure law is amended by adding a new section 50 510.41 to read as follows: 51 § 510.41 Provisions regarding non-monetary conditions of release. 52 1. Non-monetary conditions of release shall, for each individual, 53 require the least degree of restrictions or required actions that will 54 reasonably ensure the individual's court attendance. At future court 55 appearances, the court shall consider a lessening of the conditions orS. 1505 97 A. 2005 1 modification of conditions to a less burdensome form based on the prin- 2 cipal's compliance with existing conditions of release. 3 2. (a) Electronic monitoring of a principal's location may be ordered 4 only if the individual is charged with a felony, or a misdemeanor crime 5 involving a person who is a member of the same household as defined in 6 subdivision one of section 530.11 of this title, and if the court finds, 7 after notice and an opportunity to be heard and an individualized deter- 8 mination explained on the record or in writing, that no other non-mone- 9 tary condition or sets of conditions will reasonably ensure a princi- 10 pal's return to court. 11 (b) The specific method of electronic monitoring of the principal's 12 location must be approved by the court. It must be the least restrictive 13 method and procedure that will reasonably ensure the principal's return 14 to court, and unobtrusive to the greatest extent possible. 15 (c) Electronic monitoring orders shall be reviewed at least every 16 sixty days to ascertain whether they are the least restrictive means of 17 reasonably ensuring an individual's court attendance and whether there 18 are less burdensome methods of ensuring such attendance. 19 3. In the event of non compliance with the conditions of release, the 20 court, upon motion by the people and only after affording the defendant 21 and defendant's counsel notice of the alleged noncompliance and an 22 opportunity to be heard, may revoke and modify the securing order. In 23 determining whether to revoke and modify the securing order, the court 24 must consider the facts, nature, willfulness, and the seriousness of the 25 noncompliance. The court may only set a more restrictive condition or 26 conditions if it finds that such conditions are necessary to reasonably 27 ensure the defendant's appearance in court. 28 § 11. The criminal procedure law is amended by adding a new section 29 510.43 to read as follows: 30 § 510.43 Court appearances; additional notifications. 31 The court, or, upon direction of the court, a certified pretrial 32 services agency, shall, in addition to verbal notifications during court 33 appearances, make best efforts to notify all principals released under 34 recognizance and under non-monetary conditions of all court appearances 35 in advance by text message, electronic mail, phone call or first class 36 mail. The chief administrator of the courts shall, pursuant to subdivi- 37 sion one of section 10.40 of this chapter, develop a form which shall be 38 offered to the principal at the principal's initial court appearance, by 39 which the principal may select one such preferred method of notice. The 40 form shall be retained in the court file. In no instance, however, shall 41 the principal's failure to receive such additional notifications in 42 addition to verbal notification at court appearances, constitute grounds 43 to excuse the principal's failure to appear at court proceedings. 44 § 12. The criminal procedure law is amended by adding a new section 45 510.45 to read as follows: 46 § 510.45 Pretrial service agencies. 47 1. Pretrial services shall be provided by a county probation depart- 48 ment or nonprofit pretrial service agency. The department or agency must 49 be approved by the division of criminal justice services and certified 50 by the office of court administration. The department or agency will 51 advise the court on a principal's release on recognizance or under non- 52 monetary conditions and monitor principals released under conditions of 53 non-monetary release. The division of criminal justice services shall 54 promulgate regulations for the operation of approved pretrial agencies, 55 which shall include data collection and reporting requirements on prin- 56 cipals served. The office of court administration shall maintain a list-S. 1505 98 A. 2005 1 ing on its public website identifying each pretrial services agency so 2 certified in the state. A county shall be authorized to enter into a 3 contract with another county or municipality to provide pretrial 4 services. 5 2. Any criteria, instrument, or tool used to inform a pretrial service 6 agency's recommendation to the court about pretrial conditions shall be 7 made available to the principal and the principal's counsel. Any crite- 8 ria, instrument or tool used may consider risk of failing to appear in 9 court and shall not contain a measure of a person's general risk to 10 public safety. Any blank form of the criteria, instrument or tool used 11 in the county for such purpose shall be made available to any person 12 promptly upon request. If scores are calculated to predict the risk of 13 failure to appear, the scoring formula shall be made available. Any 14 tool used to predict failure to appear shall be periodically validated, 15 with validation studies available upon request. 16 § 13. Section 510.50 of the criminal procedure law is amended to read 17 as follows: 18 § 510.50 Enforcement of securing order. 19 When the attendance of a principal confined in the custody of the 20 sheriff is required at the criminal action or proceeding at a particular 21 time and place, the court may compel such attendance by directing the 22 sheriff to produce [him] such principal at such time and place. If the 23 principal is at liberty on [his] the principal's own recognizance [or on24bail] or non-monetary conditions, [his] the principal's attendance may 25 be achieved or compelled by various methods, including notification and 26 the issuance of a bench warrant, prescribed by law in provisions govern- 27 ing such matters with respect to the particular kind of action or 28 proceeding involved. 29 § 14. Article 520 of the criminal procedure law is REPEALED. 30 § 15. The article heading of article 530 of the criminal procedure law 31 is amended to read as follows: 32 [ORDERS OF RECOGNIZANCE OR BAIL WITH33RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS34AND PROCEEDINGS--WHEN AND BY WHAT35COURTS AUTHORIZED] SECURING ORDERS WITH 36 RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS AND 37 PROCEEDINGS - WHEN AND BY WHAT COURTS AUTHORIZED 38 § 16. Section 530.10 of the criminal procedure law is amended to read 39 as follows: 40 § 530.10 [Order of recognizance or bail] Securing orders; in general. 41 Under circumstances prescribed in this article, a court, upon applica- 42 tion of a defendant charged with or convicted of an offense, is 43 [required or authorized to order bail or recognizance] to issue a secur- 44 ing order for the release or prospective release of such defendant 45 during the pendency of either: 46 1. A criminal action based upon such charge; or 47 2. An appeal taken by the defendant from a judgment of conviction or a 48 sentence or from an order of an intermediate appellate court affirming 49 or modifying a judgment of conviction or a sentence. 50 § 17. Subdivision 4 of section 530.11 of the criminal procedure law, 51 as added by chapter 186 of the laws of 1997, is amended to read as 52 follows: 53 4. When a person is arrested for an alleged family offense or an 54 alleged violation of an order of protection or temporary order of 55 protection or arrested pursuant to a warrant issued by the supreme or 56 family court, and the supreme or family court, as applicable, is not inS. 1505 99 A. 2005 1 session, such person shall be brought before a local criminal court in 2 the county of arrest or in the county in which such warrant is return- 3 able pursuant to article one hundred twenty of this chapter. Such local 4 criminal court may issue any order authorized under subdivision eleven 5 of section 530.12 of this article, section one hundred fifty-four-d or 6 one hundred fifty-five of the family court act or subdivision three-b of 7 section two hundred forty or subdivision two-a of section two hundred 8 fifty-two of the domestic relations law, in addition to discharging 9 other arraignment responsibilities as set forth in this chapter. In 10 making such order, the local criminal court shall consider the [bail11recommendation] securing order, if any, made by the supreme or family 12 court as indicated on the warrant or certificate of warrant. Unless the 13 petitioner or complainant requests otherwise, the court, in addition to 14 scheduling further criminal proceedings, if any, regarding such alleged 15 family offense or violation allegation, shall make such matter return- 16 able in the supreme or family court, as applicable, on the next day such 17 court is in session. 18 § 18. Paragraph (a) of subdivision 8 of section 530.13 of the criminal 19 procedure law, as added by chapter 388 of the laws of 1984, is amended 20 to read as follows: 21 (a) revoke [an order of recognizance or bail] a securing order and 22 commit the defendant to custody; or 23 § 19. The opening paragraph of subdivision 1 of section 530.13 of the 24 criminal procedure law, as amended by chapter 137 of the laws of 2007, 25 is amended to read as follows: 26 When any criminal action is pending, and the court has not issued a 27 temporary order of protection pursuant to section 530.12 of this arti- 28 cle, the court, in addition to the other powers conferred upon it by 29 this chapter, may for good cause shown issue a temporary order of 30 protection in conjunction with any securing order [committing the31defendant to the custody of the sheriff or as a condition of a pre-trial32release, or as a condition of release on bail or an adjournment in33contemplation of dismissal]. In addition to any other conditions, such 34 an order may require that the defendant: 35 § 20. Subdivisions 9 and 11 of section 530.12 of the criminal proce- 36 dure law, subdivision 9 as amended by section 81 of subpart B of part C 37 of chapter 62 of the laws of 2011, subdivision 11 as amended by chapter 38 498 of the laws of 1993, the opening paragraph of subdivision 11 as 39 amended by chapter 597 of the laws of 1998, paragraph (a) of subdivision 40 11 as amended by chapter 222 of the laws of 1994, paragraph (d) of 41 subdivision 11 as amended by chapter 644 of the laws of 1996, are 42 amended to read as follows: 43 9. If no warrant, order or temporary order of protection has been 44 issued by the court, and an act alleged to be a family offense as 45 defined in section 530.11 of this [chapter] article is the basis of the 46 arrest, the magistrate shall permit the complainant to file a petition, 47 information or accusatory instrument and for reasonable cause shown, 48 shall thereupon hold such respondent or defendant, [admit to, fix or49accept bail,] establish a securing order or parole him or her for hear- 50 ing before the family court or appropriate criminal court as the 51 complainant shall choose in accordance with the provisions of section 52 530.11 of this [chapter] article. 53 11. If a defendant is brought before the court for failure to obey any 54 lawful order issued under this section, or an order of protection issued 55 by a court of competent jurisdiction in another state, territorial or 56 tribal jurisdiction, and if, after hearing, the court is satisfied byS. 1505 100 A. 2005 1 competent proof that the defendant has willfully failed to obey any such 2 order, the court may: 3 (a) revoke [an order of recognizance or revoke an order of bail or4order forfeiture of such bail] a securing order and commit the defendant 5 to custody; or 6 (b) restore the case to the calendar when there has been an adjourn- 7 ment in contemplation of dismissal and commit the defendant to custody; 8 or 9 (c) revoke a conditional discharge in accordance with section 410.70 10 of this chapter and impose probation supervision or impose a sentence of 11 imprisonment in accordance with the penal law based on the original 12 conviction; or 13 (d) revoke probation in accordance with section 410.70 of this chapter 14 and impose a sentence of imprisonment in accordance with the penal law 15 based on the original conviction. In addition, if the act which consti- 16 tutes the violation of the order of protection or temporary order of 17 protection is a crime or a violation the defendant may be charged with 18 and tried for that crime or violation. 19 § 21. Section 530.20 of the criminal procedure law, as amended by 20 chapter 531 of the laws of 1975, subparagraph (ii) of paragraph (b) of 21 subdivision 2 as amended by chapter 218 of the laws of 1979, is amended 22 to read as follows: 23 § 530.20 [Order of recognizance or bail;] Securing order by local crimi- 24 nal court when action is pending therein. 25 When a criminal action is pending in a local criminal court, such 26 court, upon application of a defendant, must [or may order recognizance27or bail] issue a securing order as follows: 28 1. [When the defendant is charged, by information, simplified informa-29tion, prosecutor's information or misdemeanor complaint, with an offense30or offenses of less than felony grade only, the court must order recog-31nizance or bail.] Release the principal pending trial on the principal's 32 personal recognizance, unless the court finds on the record that release 33 on recognizance will not reasonably assure the individual's court 34 attendance. In such instances, the court will release the individual 35 under non-monetary conditions, selecting the least restrictive alterna- 36 tive that will reasonably assure the principal's court attendance. The 37 court will support its choice of alternative on the record. 38 2. [When the defendant is charged, by felony complaint, with a felony,39the court may, in its discretion, order recognizance or bail except as40otherwise provided in this subdivision:41(a) A city court, a town court or a village court may not order recog-42nizance or bail when (i) the defendant is charged with a class A felony,43or (ii) it appears that the defendant has two previous felony44convictions;45(b)] Notwithstanding the above, in cases where the people indicate 46 that they intend to move for pretrial detention as set forth in article 47 five hundred forty-five of this title, the court may commit the defend- 48 ant to the custody of the sheriff or issue a securing order in accord- 49 ance with article five hundred forty-five of this title. 50 3. Notwithstanding the above, in cases where the defendant is facing a 51 charge of a class A felony, or it appears that the defendant has two 52 previous felony convictions within the meaning of subdivision one of 53 section 70.08 or 70.10 of the penal law; the court shall commit the 54 defendant to the custody of the sheriff for the county or superior court 55 to make a determination about a securing order within three days.S. 1505 101 A. 2005 1 4. No local criminal court may order [recognizance or bail] a securing 2 order with respect to a defendant charged with a felony unless and 3 until[:4(i) The district attorney has been heard in the matter or, after know-5ledge or notice of the application and reasonable opportunity to be6heard, has failed to appear at the proceeding or has otherwise waived7his right to do so; and8(ii) The] the court [has], and counsel for the defense, have been 9 furnished with a report of the division of criminal justice services 10 concerning the defendant's criminal record, if any, or with a police 11 department report with respect to the defendant's prior arrest and 12 conviction record, if any. If neither report is available, the court, 13 with the consent of the district attorney, may dispense with this 14 requirement; provided, however, that in an emergency, including but not 15 limited to a substantial impairment in the ability of such division or 16 police department to timely furnish such report, such consent shall not 17 be required if, for reasons stated on the record, the court deems it 18 unnecessary. [When the court has been furnished with any such report or19record, it shall furnish a copy thereof to counsel for the defendant or,20if the defendant is not represented by counsel, to the defendant.] 21 § 22. The section heading, subdivisions 1 and 2 of section 530.30 of 22 the criminal procedure law, subdivision 2 as amended by chapter 762 of 23 the laws of 1971, are amended to read as follows: 24 [Order of recognizance or bail; by superior court judge when action is25pending in local criminal court] Securing order by superior court judge 26 when action is pending in local criminal court. 27 1. When a criminal action is pending in a local criminal court, other 28 than one consisting of a superior court judge sitting as such, a judge 29 of a superior court holding a term thereof in the county, upon applica- 30 tion of a defendant, may order [recognizance or bail] a securing order 31 when such local criminal court: 32 (a) Lacks authority to issue such an order, pursuant to [paragraph (a)33of] subdivision [two] three of section 530.20[; or34(b) Has denied an application for recognizance or bail; or35(c) Has fixed bail which is excessive;] or 36 (b) Has set a securing order of release under non-monetary conditions 37 which are more restrictive than necessary to reasonably ensure court 38 attendance. 39 In such case, such superior court judge may vacate the order of such 40 local criminal court and release the defendant on [his own] recognizance 41 [or fix bail in a lesser amount or in a less burdensome form,] or under 42 release with conditions, whichever is the least restrictive alternative 43 that will reasonably assure defendant's appearance in court. The court 44 will support its choice of alternative on the record. 45 2. Notwithstanding the provisions of subdivision one of this section, 46 when the defendant is charged with a felony in a local criminal court, a 47 superior court judge may not [order recognizance or bail] issue a secur- 48 ing order unless and until the district attorney has had an opportunity 49 to be heard in the matter and such judge [has] and counsel for the 50 defendant have been furnished with a report as described in [subpara-51graph (ii) of paragraph (b) of] subdivision [two] four of section 52 530.20. 53 § 23. Section 530.40 of the criminal procedure law, subdivision 3 as 54 amended by chapter 264 of the laws of 2003, and subdivision 4 as amended 55 by chapter 762 of the laws of 1971, is amended to read as follows:S. 1505 102 A. 2005 1 § 530.40 [Order of recognizance or bail;] Securing order by superior 2 court when action is pending therein. 3 When a criminal action is pending in a superior court, such court, 4 upon application of a defendant, must [or may] order [recognizance or5bail] a securing order as follows: 6 1. [When the defendant is charged with an offense or offenses of less7than felony grade only, the court must order recognizance or bail.82. When the defendant is charged with a felony, the court may, in its9discretion, order recognizance or bail. In any such case in which an10indictment (a) has resulted from an order of a local criminal court11holding the defendant for the action of the grand jury, or (b) was filed12at a time when a felony complaint charging the same conduct was pending13in a local criminal court, and in which such local criminal court or a14superior court judge has issued an order of recognizance or bail which15is still effective, the superior court's order may be in the form of a16direction continuing the effectiveness of the previous order.] Release 17 the principal pending trial on the principal's personal recognizance, 18 unless the court finds on the record that release on recognizance will 19 not reasonably assure the individual's court attendance. In such 20 instances, the court will release the individual under non-monetary 21 conditions, selecting the least restrictive alternative that will 22 reasonably assure the principal's court attendance. The court will 23 support its choice of alternative on the record. 24 2. Notwithstanding the above, in cases where the people indicate that 25 they intend to move for pretrial detention as set out in article five 26 hundred forty-five of this title, the court may commit the defendant to 27 the custody of the sheriff, or issue a securing order in accordance with 28 article five hundred forty-five of this title. 29 3. Notwithstanding the provisions of subdivision [two,] one of this 30 section, a superior court may not [order recognizance or bail] issue a 31 securing order, or permit a defendant to remain at liberty pursuant to 32 an existing order, after [he] the defendant has been convicted of 33 either: (a) a class A felony or (b) any class B or class C felony 34 defined in article one hundred thirty of the penal law committed or 35 attempted to be committed by a person eighteen years of age or older 36 against a person less than eighteen years of age. In either case the 37 court must commit or remand the defendant to the custody of the sheriff. 38 4. Notwithstanding the provisions of subdivision [two] one of this 39 section, a superior court may not [order recognizance or bail] issue a 40 securing order when the defendant is charged with a felony unless and 41 until the district attorney has had an opportunity to be heard in the 42 matter and such court [has] and counsel for the defense have been 43 furnished with a report as described in [subparagraph (ii) of paragraph44(b) of] subdivision [two] four of section 530.20 of this article. 45 § 24. Subdivision 1 of section 530.45 of the criminal procedure law, 46 as amended by chapter 264 of the laws of 2003, is amended to read as 47 follows: 48 1. When the defendant is at liberty in the course of a criminal action 49 as a result of a prior [order of recognizance or bail] securing order 50 and the court revokes such order and then [either fixes no bail or fixes51bail in a greater amount or in a more burdensome form than was previous-52ly fixed and remands or commits defendant to the custody of the sheriff,53a judge designated in subdivision two, upon application of the defendant54following conviction of an offense other than a class A felony or a55class B or class C felony offense defined in article one hundred thirty56of the penal law committed or attempted to be committed by a personS. 1505 103 A. 2005 1eighteen years of age or older against a person less than eighteen years2of age, and before sentencing, may issue a securing order and either3release defendant on his own recognizance, or fix bail, or fix bail in a4lesser amount or] issues a more restrictive securing order in a less 5 [burdensome] restrictive form than fixed by the court in which the 6 conviction was entered. 7 § 25. Section 530.60 of the criminal procedure law is REPEALED. 8 § 26. Title P of part 3 of the criminal procedure law is amended by 9 adding a new article 545 to read as follows: 10 ARTICLE 545--PRETRIAL DETENTION 11 Section 545.10 Pretrial detention; when ordered. 12 545.20 Eligibility for a pretrial detention hearing. 13 545.30 Pretrial detention hearing. 14 545.40 Order for pretrial detention. 15 545.50 Reopening of pretrial hearing. 16 545.60 Length of detention for defendant held under a pretrial 17 detention order. 18 § 545.10 Pretrial detention; when ordered. 19 A county or superior court may order, before trial, the detention of a 20 defendant if the people seek detention of the defendant under section 21 545.20 of this article, and, after a hearing pursuant to section 545.30 22 of this article, the court finds clear and convincing evidence that the 23 defendant poses a high risk of flight before trial, or that defendant 24 poses a current threat to the physical safety of a reasonably identifi- 25 able person or persons, and that no conditions or combination of condi- 26 tions in the community will suffice to contain the aforesaid risk or 27 threat. There shall be a rebuttable presumption, except in the circum- 28 stances outlined in subdivision four of section 545.30 of this article 29 that some condition or conditions in the community will reasonably 30 contain a high risk of flight or a current threat to the physical safety 31 of a reasonably identifiable person or persons. That presumption may 32 only be overcome by clear and convincing evidence. 33 § 545.20 Eligibility for a pretrial detention hearing. 34 1. The people may make a motion with the court at any time seeking the 35 pretrial detention of a defendant: 36 (a) charged with a class A felony defined in the penal law; 37 (b) charged with offenses involving witness intimidation under section 38 215.15, 215.16 or 215.17 of the penal law; 39 (c) charged with class B or C crimes as enumerated under section 70.02 40 of the penal law (except burglary in the second degree as defined in 41 subdivision two of section 140.25 of the penal law, or robbery in the 42 second degree as defined in subdivision one of section 160.10 of the 43 penal law); 44 (d) who, the people allege poses an immediate risk of physical harm to 45 members of the same family or household of the defendant, as defined in 46 subdivision one of section 530.11 of this title; or 47 (e) who has persistently and willfully failed to appear in court in 48 the current case, and the relevant pretrial services agency certifies 49 that the agency has made persistent efforts to assist the individual's 50 appearance in court. 51 2. Upon such motion by the people, the defendant may be committed to 52 the custody of the sheriff pending a hearing on the people's motion, or 53 the court may issue a securing order. The court shall support its choice 54 of an alternative on the record. If the person is at liberty, a warrant 55 shall be issued and the defendant brought into custody of the sheriff. 56 § 545.30 Pretrial detention hearing.S. 1505 104 A. 2005 1 1. A hearing shall be held within three working days from the people's 2 motion. At the hearing, the defendant shall have the right to be 3 represented by counsel, and, if financially unable to obtain counsel, to 4 have counsel assigned. The defendant shall be afforded an opportunity to 5 testify, to present witnesses, to cross-examine witnesses who appear at 6 the hearing, and to present information by proffer or otherwise. The 7 rules concerning the admissibility of evidence in criminal trials do not 8 apply to the presentation and consideration of information during the 9 hearing. 10 2. (a) Within at least twenty-four hours of the hearing, the people 11 shall disclose to the defendant and permit the defendant to inspect, 12 copy or photograph all statements and reports that are in the 13 possession, custody or control of the people, or persons under the 14 people's direction and control that: 15 (i) the people rely upon to establish reasonable cause that the 16 defendant committed the alleged crime or crimes; and 17 (ii) relate to the people's basis for the pretrial detention motion 18 that either the defendant presents a high risk of flight or a current 19 threat to the physical safety of a reasonably identifiable person or 20 persons. 21 (b) In addition, the people will produce any statements that are 22 exculpatory in nature. 23 (c) Portions of materials claimed to be non-discoverable may be with- 24 held pending a determination and ruling of the court under section 25 245.70 of this chapter; but the defendant shall be notified in writing 26 that such information has not been disclosed under a particular subdivi- 27 sion of such section, and the discoverable portions of such materials 28 shall be disclosed if practicable. 29 3. In hearings in cases for which there is no indictment, the people 30 shall establish reasonable cause that the eligible defendant committed 31 the charged offense. The people must establish by clear and convincing 32 evidence that defendant poses a high risk of flight or a current threat 33 of physical danger to a reasonably identifiable person or persons and 34 that no conditions or combination of conditions in the community will 35 suffice to contain the aforesaid risk or threat. 36 4. There shall be a rebuttable presumption, which the defendant may 37 overcome by a preponderance of the evidence, that no conditions or 38 combination of conditions in the community will suffice to contain a 39 current threat to the physical safety of a reasonably identifiable 40 person or persons if the court finds reasonable cause that the defend- 41 ant: 42 (a) committed a crime for which the defendant would be subject to a 43 term of life imprisonment; 44 (b) committed a crime involving serious physical injury or threat of 45 serious physical injury, or attempt therein, while the defendant was in 46 the community on recognizance or under non-monetary conditions for a 47 crime involving serious physical injury or the threat of serious phys- 48 ical injury; or 49 (c) threatened, injured, intimidated, or attempted to threaten, injure 50 or intimidate a prospective witness or juror in an criminal investi- 51 gation or judicial proceeding. 52 5. In determining whether the defendant presents a high risk of flight 53 or a current threat of physical danger to a reasonably identifiable 54 person or persons and whether no conditions or combinations of condi- 55 tions in the community will suffice to contain such risk or threat, the 56 court may take into account the following information:S. 1505 105 A. 2005 1 (a) the nature and circumstances of the charged offense; 2 (b) the weight of the evidence against the defendant, except that the 3 court may consider the admissibility of any evidence sought to be 4 excluded; 5 (c) the defendant's current and prior history of failure to appear in 6 court whether such failures to appear were willful; 7 (d) the nature and the credibility of the threat to the physical 8 danger of a reasonably identifiable person or persons, if applicable; 9 and 10 (e) whether, at the time of the current offense or arrest, the defend- 11 ant was on probation, parole, or on release pending trial, sentencing or 12 completion of a sentence in this state or other jurisdictions. 13 § 545.40 Order for pretrial detention. 14 In a pretrial detention order issued pursuant to section 545.10 of 15 this article, the court shall: 16 1. include written findings of fact and a written statement of the 17 reasons for the detention; and 18 2. direct that the eligible defendant be afforded reasonable opportu- 19 nity for private consultation with counsel. 20 § 545.50 Reopening of pretrial hearing. 21 A pretrial detention hearing may be opened, before or after issuance 22 of a pretrial detention order by the court, by motion of the people or 23 the defendant, at any time before trial, if the court finds either a 24 change of circumstances or that information exists that was not known to 25 the people or to the defendant at the time of the hearing, that has a 26 material bearing on the issue of whether defendant presents a high risk 27 of failure to appear or a current threat to the physical safety of a 28 reasonably identifiable person or persons and whether no conditions or 29 combination of conditions will suffice to contain such risk or threat. 30 § 545.60 Length of detention for defendant held under a pretrial 31 detention order. 32 1. If a pretrial detention order is issued, a defendant shall not 33 remain detained in jail for more than one hundred eighty days after the 34 return of the indictment, if applicable, until the start of trial. In 35 cases where no indictment is required, the defendant shall not remain 36 detained in jail for more than ninety days from the date of the pretrial 37 detention motion until the start of trial. 38 2. (a) The time within which the trial of the case commences may be 39 extended for one or more additional periods not to exceed twenty days 40 each on the basis of a motion submitted by the people and approved by 41 the court. The additional period or periods of detention may be granted 42 only on the basis of good cause shown, and shall be granted only for the 43 additional time required to prepare for the trial of the person. Good 44 cause may include, but not be limited to, the unavailability of an 45 essential witness, the necessity for forensic analysis of evidence, the 46 ability to conduct a joint trial with a co-defendant or co-defendants, 47 severance of co-defendants which permits only one trial to commence 48 within the time period, complex or major investigations, scheduling 49 conflicts which arise shortly before the trial date, the inability to 50 proceed to trial because of action taken by or at the behest of the 51 defendant, the breakdown of a plea agreement on or immediately before 52 the trial date, and allowing reasonable time to prepare for a trial 53 after the circumstances giving rise to a tolling or extension of the 54 time period no longer exists. 55 (b) In computing the one hundred eighty days from indictment, if 56 applicable, or if no indictment is required, ninety days from the dateS. 1505 106 A. 2005 1 of the pretrial order, to commencement of trial, the following periods 2 shall be excluded: 3 (i) any period from the filing of the notice of appeal to the issuance 4 of the mandate in an interlocutory appeal; 5 (ii) any period attributable to any examination to determine the 6 defendant's sanity or lack thereof or his or her mental or physical 7 competency to stand trial; 8 (iii) any period attributable to the inability of the defendant to 9 participate in the defendant's defense because of mental incompetency or 10 physical incapacity; and 11 (iv) any period in which the defendant is otherwise unavailable for 12 trial. 13 3. If a trial has not commenced within one hundred eighty days from 14 indictment, if applicable, or ninety days from the pretrial detention 15 order if no indictment is required, as calculated above, and the defend- 16 ant remains in custody, the defendant shall be released on recognizance 17 or under non-monetary conditions of release pending trial on the under- 18 lying charge, unless: 19 (a) the trial is in progress, 20 (b) the trial has been delayed by the timely filing of motions, 21 excluding motions for continuances; 22 (c) the trial has been delayed at the request of the defendant; or 23 (d) upon motion of the people, the court finds that a current substan- 24 tial and unjustifiable risk to the physical safety of a reasonably iden- 25 tifiable person would result from the defendant's release from custody, 26 and that no appropriate conditions for the defendant's release would 27 reasonably address that risk, and also finds that the failure to 28 commence trial in accordance with the time requirements set forth in 29 this section was not due to unreasonable delay by the people. If the 30 court makes such a finding, the court must set an additional period of 31 time, not to exceed thirty days, in which the defendant's trial must 32 commence. If the trial does not commence within this period, the defend- 33 ant must be released on recognizance or under non-monetary conditions. 34 § 27. Article 68 of the insurance law is REPEALED. 35 § 28. Paragraph (a) of subdivision 9 of section 216.05 of the criminal 36 procedure law, as amended by chapter 258 of the laws of 2015, is amended 37 to read as follows: 38 (a) If at any time during the defendant's participation in the judi- 39 cial diversion program, the court has reasonable grounds to believe that 40 the defendant has violated a release condition or has failed to appear 41 before the court as requested, the court shall direct the defendant to 42 appear or issue a bench warrant to a police officer or an appropriate 43 peace officer directing him or her to take the defendant into custody 44 and bring the defendant before the court without unnecessary delay; 45 provided, however, that under no circumstances shall a defendant who 46 requires treatment for opioid abuse or dependence be deemed to have 47 violated a release condition on the basis of his or her participation in 48 medically prescribed drug treatments under the care of a health care 49 professional licensed or certified under title eight of the education 50 law, acting within his or her lawful scope of practice. The provisions 51 of [subdivision one of] section [530.60] 530.10 of this chapter relating 52 to [revocation of recognizance or bail] issuance of securing orders 53 shall apply to such proceedings under this subdivision. 54 § 29. Subdivisions 2 and 3 of section 620.50 of the criminal procedure 55 law are amended to read as follows:S. 1505 107 A. 2005 1 2. If the court is satisfied after such hearing that there is reason- 2 able cause to believe that the prospective witness (a) possesses infor- 3 mation material to the pending action or proceeding, and (b) will not be 4 amenable or respond to a subpoena at a time when [his] the witness's 5 attendance will be sought, it may issue a material witness order, 6 adjudging [him] the individual a material witness and [fixing bail to7secure his] releasing the individual on the individual's own recogni- 8 zance unless the court finds on the record that release on recognizance 9 will not reasonably ensure the individual's court attendance. In such 10 instances the court will release the individual under non-monetary 11 conditions, selecting the least restrictive alternative that will 12 reasonably ensure the individual's future attendance. 13 3. [A] When a material witness order [must be] is executed [as14follows:15(a) If the bail is posted and approved by the court], the witness 16 must[, as provided in subdivision three of section 510.40,] be released 17 and be permitted to remain at liberty[; provided that, where the bail is18posted by a person other than the witness himself, he may not be so19released except upon his signed written consent thereto;20(b) If the bail is not posted, or if though posted it is not approved21by the court, the witness must[, as provided in subdivision three of22section 510.40, be committed to the custody of the sheriff]. 23 § 30. Section 216 of the judiciary law is amended by adding a new 24 subdivision 5 to read as follows: 25 5. (a) The chief administrator of the courts shall collect data at 26 arraignment on all pretrial release and detention decisions, including 27 information on sex, race, criminal charge, the pretrial release decision 28 outcome, whether the individual was detained, whether electronic moni- 29 toring was imposed, and information on any pretrial motions made, and 30 motions granted. 31 (b) The office of court administration shall provide data and informa- 32 tion to the division of criminal justice services which will prepare an 33 annual report on pretrial release and detention outcomes, and include 34 information on the sex, race, criminal charge, pretrial decision 35 outcomes, the use of electronic monitoring, pretrial motions, rates of 36 failure to appear and rates of rearrest for individuals released before 37 trial. The report shall also include information on pretrial service 38 agency activity. 39 § 31. This act shall take effect November 1, 2020. 40 SUBPART B 41 Section 1. Article 240 of the criminal procedure law is REPEALED. 42 § 2. The criminal procedure law is amended by adding a new article 245 43 to read as follows: 44 ARTICLE 245 45 DISCOVERY 46 Section 245.10 Timing of discovery. 47 245.20 Automatic discovery. 48 245.25 Disclosure prior to guilty plea deadline. 49 245.30 Court orders for preservation, access or discovery. 50 245.35 Court ordered procedures to facilitate compliance. 51 245.40 Non-testimonial evidence from the defendant. 52 245.45 DNA comparison order. 53 245.50 Certificates of compliance. 54 245.55 Flow of information.S. 1505 108 A. 2005 1 245.60 Continuing duty to disclose. 2 245.65 Work product. 3 245.70 Protective orders. 4 245.75 Waiver of discovery by defendant. 5 245.80 Remedies or sanctions for non-compliance. 6 245.85 Admissibility of discovery. 7 § 245.10 Timing of discovery. 8 1. Prosecution's performance of obligations. (a) The prosecution shall 9 perform its initial discovery obligations under subdivision one of 10 section 245.20 of this article as soon as practicable but not later 11 than fifteen calendar days after the defendant's arraignment on an 12 indictment, superior court information, prosecutor's information, infor- 13 mation, or simplified information. Portions of materials claimed to be 14 non-discoverable may be withheld pending a determination and ruling of 15 the court under section 245.70 of this article; but the defendant shall 16 be notified in writing that information has not been disclosed under a 17 particular subdivision of such section, and the discoverable portions of 18 such materials shall be disclosed if practicable. When the discoverable 19 materials are exceptionally voluminous or, despite diligent efforts, are 20 otherwise not in the possession, custody, or control of the prosecution, 21 the time period in this paragraph may be stayed by up to an additional 22 thirty calendar days without need for a motion pursuant to subdivision 23 two of section 245.70 of this article. 24 (b) The prosecution shall perform its supplemental discovery obli- 25 gations under subdivision three of section 245.20 of this article as 26 soon as practicable but not later than fifteen calendar days before 27 trial. 28 2. Defendant's performance of obligations. The defendant shall perform 29 his or her discovery obligations under subdivision four of section 30 245.20 of this article not later than fifteen calendar days after being 31 served with the prosecution's certificate of compliance pursuant to 32 subdivision one of section 245.50 of this article, except that portions 33 of materials claimed to be non-discoverable may be withheld pending a 34 determination and ruling of the court under section 245.70 of this arti- 35 cle; but the prosecution must be notified in writing that information 36 has not been disclosed under a particular section and the disclosable 37 portions of such material shall be disclosed if practicable. 38 § 245.20 Automatic discovery. 39 1. Initial discovery for the defendant. Subject to paragraph (b) of 40 this subdivision and section 245.70 of this article, the prosecution 41 shall disclose to the defendant, and permit the defendant to discover, 42 inspect, copy or photograph, each of the following items and information 43 when it relates to the subject matter of the case and is in the 44 possession, custody or control of the prosecution or persons known to 45 the prosecution to be in the possession, custody or control of the pros- 46 ecution's direction or control: 47 (a) All written or recorded statements, and the substance of all oral 48 statements, made by the defendant or a co-defendant to a public servant 49 engaged in law enforcement activity or to a person then acting under his 50 or her direction or in cooperation with him or her, other than state- 51 ments made in the course of the criminal transaction. 52 (b) All transcripts of the testimony of a person who has testified 53 before a grand jury, including but not limited to the defendant or a 54 co-defendant. If in the exercise of reasonable diligence, and due to the 55 limited availability of transcription resources, a transcript is 56 unavailable for disclosure within the time period specified in subdivi-S. 1505 109 A. 2005 1 sion one of section 245.10 of this article, such time period may be 2 stayed by up to an additional thirty calendar days without need for a 3 motion pursuant to subdivision two of section 245.70 of this article; 4 except that such disclosure shall be made as soon as practicable and not 5 later than thirty calendar days before a scheduled trial date. When the 6 court is required to review grand jury transcripts, the prosecution 7 shall disclose such transcripts to the court expeditiously upon receipt 8 by the prosecutor, notwithstanding the otherwise-applicable time periods 9 for disclosure in this article. 10 (c) The names of, and addresses or adequate alternative contact infor- 11 mation for, all persons other than law enforcement personnel whom the 12 prosecutor knows to have evidence or information relevant to any offense 13 charged or to a potential defense thereto, including a designation by 14 the prosecutor as to which of those persons may be called as witnesses. 15 Information under this subdivision relating to a confidential informant 16 may be withheld, and redacted from discovery materials, without need for 17 a motion pursuant to section 245.70 of this article; but the defendant 18 shall be notified in writing that such information has not been 19 disclosed, unless the court rules otherwise for good cause shown. 20 (d) The name and work affiliation of all law enforcement personnel 21 whom the prosecutor knows to have evidence or information relevant to 22 any offense charged or to a potential defense thereto, including a 23 designation by the prosecutor as to which of those persons may be called 24 as witnesses. Information under this subdivision relating to undercover 25 personnel may be withheld, and redacted from discovery materials, with- 26 out need for a motion pursuant to section 245.70 of this article; but 27 the defendant shall be notified in writing that such information has not 28 been disclosed, unless the court rules otherwise for good cause shown. 29 (e) All statements, written or recorded or summarized in any writing 30 or recording, made by persons who have evidence or information relevant 31 to any offense charged or to a potential defense thereto, including all 32 police reports and law enforcement agency reports. This provision also 33 includes statements, written or recorded or summarized in any writing or 34 recording, by persons to be called as witnesses at pre-trial hearings. 35 (f) Expert opinion evidence, including the name, business address, 36 current curriculum vitae, and a list of publications of each expert 37 witness whom the prosecutor intends to call as a witness at trial or a 38 pre-trial hearing, and all reports prepared by the expert that pertain 39 to the case, or if no report is prepared, a written statement of the 40 facts and opinions to which the expert is expected to testify and a 41 summary of the grounds for each opinion. This paragraph does not alter 42 or in any way affect the procedures, obligations or rights set forth in 43 section 250.10 of this title. If in the exercise of reasonable dili- 44 gence this information is unavailable for disclosure within the time 45 period specified in subdivision one of section 245.10 of this article, 46 that period shall be stayed without need for a motion pursuant to 47 subdivision two of section 245.70 of this article; except that the 48 disclosure shall be made as soon as practicable and not later than thir- 49 ty calendar days before a scheduled trial date, unless an order is 50 obtained pursuant to section 245.70 of this article. When the prose- 51 cution's expert witness is being called in response to disclosure of an 52 expert witness by the defendant, the court may alter a scheduled trial 53 date to allow the prosecution thirty calendar days to make the disclo- 54 sure and the defendant thirty calendar days to prepare and respond to 55 the new materials.S. 1505 110 A. 2005 1 (g) All tapes or other electronic recordings which the prosecution 2 intends to introduce at trial or a pre-trial hearing. 3 (h) All photographs and drawings made or completed by a public servant 4 engaged in law enforcement activity, or which were made by a person 5 whom the prosecutor intends to call as a witness at trial or a pre-trial 6 hearing, or which the prosecution intends to introduce at trial or a 7 pre-trial hearing. 8 (i) All photographs, photocopies and reproductions made by or at the 9 direction of law enforcement personnel of any property prior to its 10 release pursuant to section 450.10 of the penal law. 11 (j) All reports, documents, data, calculations or writings, including 12 but not limited to preliminary tests or screening results and bench 13 notes, concerning physical or mental examinations, or scientific tests 14 or experiments or comparisons, and analyses performed electronically, 15 relating to the criminal action or proceeding which were made by or at 16 the request or direction of a public servant engaged in law enforcement 17 activity, or which were made by a person whom the prosecutor intends to 18 call as a witness at trial or a pre-trial hearing, or which the prose- 19 cution intends to introduce at trial or a pre-trial hearing. 20 (k) All evidence and information, including that which is known to 21 police or other law enforcement agencies acting on the government's 22 behalf in the case, that tends to: (i) negate the defendant's guilt as 23 to a charged offense; (ii) reduce the degree of or mitigate the defend- 24 ant's culpability as to a charged offense; (iii) support a potential 25 defense to a charged offense; (iv) materially impact the credibility of 26 a testifying prosecution witness; (v) undermine evidence of the defend- 27 ant's identity as a perpetrator of a charged offense; or (vi) provide a 28 basis for a motion to suppress evidence. Information under this subdi- 29 vision shall be disclosed whether or not such information is recorded in 30 tangible form and irrespective of whether the prosecutor credits the 31 information. The prosecutor shall disclose the information expeditiously 32 upon its receipt and shall not delay disclosure if it is obtained earli- 33 er than the time period for disclosure in subdivision one of section 34 245.10 of this article. 35 (l) A summary of all promises, rewards and inducements made to, or in 36 favor of, persons who may be called as witnesses, as well as requests 37 for consideration by persons who may be called as witnesses and copies 38 of all documents relevant to a promise, reward or inducement. 39 (m) A list of all tangible objects obtained from, or allegedly 40 possessed by, the defendant or a co-defendant. The list shall include a 41 designation by the prosecutor as to which objects were physically or 42 constructively possessed by the defendant and were recovered during a 43 search or seizure by a public servant or an agent thereof, and which 44 tangible objects were recovered by a public servant or an agent thereof 45 after allegedly being abandoned by the defendant. If the prosecution 46 intends to prove the defendant's possession of any tangible objects by 47 means of a statutory presumption of possession, it shall designate such 48 intention as to each such object. If reasonably practicable, the prose- 49 cution shall also designate the location from which each tangible object 50 was recovered. There is also a right to inspect or copy or photograph 51 the listed tangible objects. 52 (n) Whether a search warrant has been executed and all documents 53 relating thereto, including but not limited to the warrant, the warrant 54 application, supporting affidavits, a police inventory of all property 55 seized under the warrant, and a transcript of all testimony or other 56 oral communications offered in support of the warrant application.S. 1505 111 A. 2005 1 (o) All tangible property that the prosecution intends to introduce in 2 its case-in-chief at trial or a pre-trial hearing. If in the exercise of 3 reasonable diligence the prosecutor has not formed an intention within 4 the time period specified in subdivision one of section 245.10 of this 5 article that an item under this subdivision will be introduced at trial 6 or a pre-trial hearing, such time period shall be stayed without need 7 for a motion pursuant to subdivision two of section 245.70 of this arti- 8 cle; but the disclosure shall be made as soon as practicable and subject 9 to the continuing duty to disclose in section 245.60 of this article. 10 (p) A record of judgment of conviction for all defendants and all 11 persons designated as potential prosecution witnesses pursuant to para- 12 graph (c) of this subdivision, other than those witnesses who are 13 experts. 14 (q) When it is known to the prosecution, the existence of any pending 15 criminal action against all persons designated as potential prosecution 16 witnesses pursuant to paragraph (c) of this subdivision. 17 (r) The approximate date, time and place of the offense or offenses 18 charged and of the defendant's seizure and arrest. 19 (s) In any prosecution alleging a violation of the vehicle and traffic 20 law, where the defendant is charged by indictment, superior court infor- 21 mation, prosecutor's information, information, or simplified informa- 22 tion, the most recent record of inspection, calibration and repair of 23 machines and instruments utilized to perform any scientific tests and 24 experiments and the certification certificate, if any, held by the oper- 25 ator of the machine or instrument, and all other disclosures required 26 under this article. 27 (t) In any prosecution alleging a violation of section 156.05 or 28 156.10 of the penal law, the time, place and manner such violation 29 occurred. 30 2. Discovery by the prosecution. The prosecutor shall make a dili- 31 gent, good faith effort to ascertain the existence of material or infor- 32 mation discoverable under subdivision one of this section and to cause 33 such material or information to be made available for discovery where 34 it exists but is not within the prosecutor's possession, custody or 35 control; provided that the prosecutor shall not be required to obtain by 36 subpoena duces tecum material or information which the defendant may 37 thereby obtain. This provision shall not require the prosecutor to 38 ascertain the existence of witnesses not known to police or another law 39 enforcement agency, or the written or recorded statements thereof, under 40 paragraph (c) or (e) of subdivision one of this section. 41 3. Supplemental discovery for the defendant. The prosecution shall 42 disclose to the defendant a list of all misconduct and criminal acts of 43 the defendant not charged in the indictment, superior court information, 44 prosecutor's information, information, or simplified information, which 45 the prosecution intends to use at trial for purposes of (a) impeaching 46 the credibility of the defendant, or (b) as substantive proof of any 47 material issue in the case. 48 4. Reciprocal discovery for the prosecution. (a) The defendant shall, 49 subject to constitutional limitations, disclose to the prosecution, and 50 permit the prosecution to discover, inspect, copy or photograph, any 51 material and relevant evidence within the defendant's or counsel for the 52 defendant's possession or control that is discoverable under paragraphs 53 (f), (g), (h), (j), (1) and (o) of subdivision one of this section, 54 which the defendant intends to offer at trial or a pre-trial hearing, 55 and the names, addresses, birth dates, and all statements, written or 56 recorded or summarized in any writing or recording, of those personsS. 1505 112 A. 2005 1 other than the defendant whom the defendant intends to call as witnesses 2 at trial or a pre-trial hearing. 3 (b) Disclosure of the name, address, birth date, and all statements, 4 written or recorded or summarized in any writing or recording, of a 5 person whom the defendant intends to call as a witness for the sole 6 purpose of impeaching a prosecution witness is not required until after 7 the prosecution witness has testified at trial. 8 (c) If in the exercise of reasonable diligence the reciprocally 9 discoverable information under paragraph (f) or (o) of subdivision one 10 of this section is unavailable for disclosure within the time period 11 specified in subdivision two of section 245.10 of this article, such 12 time period shall be stayed without need for a motion pursuant to subdi- 13 vision two of section 245.70 of this article; but the disclosure shall 14 be made as soon as practicable and subject to the continuing duty to 15 disclose in section 245.60 of this article. 16 5. Stay of automatic discovery; remedies and sanctions. If in the 17 judgment of either party good cause exists for declining to make any of 18 the disclosures set forth above, such party may move for a protective 19 order pursuant to section 245.70 of this article and production of the 20 item shall be stayed pending a ruling by the court. The opposing party 21 shall be notified in writing that information has not been disclosed 22 under a particular section. When some parts of material or information 23 are discoverable but in the judgment of a party good cause exists for 24 declining to disclose other parts, the discoverable parts shall be 25 disclosed and the disclosing party shall give notice in writing that 26 non-discoverable parts have been withheld. 27 6. Redactions permitted. Either party may redact social security 28 numbers and tax numbers from disclosures under this article. 29 § 245.25 Disclosure prior to guilty plea deadline. 30 1. Pre-indictment guilty pleas. Subject to subdivision two of this 31 section and section 245.70 of this article, upon a felony complaint, 32 where the prosecution has made a pre-indictment guilty plea offer 33 requiring a plea to a crime, the defendant may, upon timely request and 34 reasonable notice to the prosecution, inspect any available police or 35 other law enforcement agency report of a factual nature regarding the 36 arrest or investigation of the charges, and/or any designated and avail- 37 able items or information that could be of material importance to the 38 decision on the guilty plea offer and would be discoverable prior to 39 trial under subdivision one of section 245.20 of this article. The pros- 40 ecution shall disclose the requested and designated items or informa- 41 tion, as well as any known information that tends to be exculpatory or 42 to support a defense to a charged offense, not less than three calendar 43 days prior to the expiration date of any guilty plea offer by the prose- 44 cution or any deadline imposed by the court for acceptance of a negoti- 45 ated guilty plea offer. If the prosecution does not comply with a prop- 46 er request made pursuant to this subdivision, the court may take 47 appropriate action as necessary to address the non-compliance. The 48 inspection rights under this subdivision do not apply to items or infor- 49 mation that are the subject of a protective order under section 245.70 50 of this article; but if such information tends to be exculpatory, the 51 court shall reconsider the protective order. The court may deny an 52 inspection under this subdivision when a reasonable person in the 53 defendant's position would not consider the requested and designated 54 item or information to be of material importance to the decision on the 55 guilty plea offer. A defendant may waive his or her rights under thisS. 1505 113 A. 2005 1 subdivision; but a guilty plea offer may not be conditioned on such 2 waiver. 3 2. Other guilty pleas. Upon an indictment, superior court information, 4 prosecutor's information, information, simplified information, or 5 misdemeanor complaint, where the prosecution has made a guilty plea 6 offer requiring a plea to a crime, the defendant may, upon timely 7 request and reasonable notice to the prosecution, inspect any available 8 police or other law enforcement agency report of a factual nature 9 regarding the arrest or investigation of the charges, and/or any desig- 10 nated and available items or information that could be of material 11 importance to the decision on the guilty plea offer and would be discov- 12 erable prior to trial under subdivision one of section 245.20 of this 13 article. The prosecution shall disclose the requested and designated 14 items or information, as well as any known information that tends to be 15 exculpatory or to support a defense to a charged offense, not less than 16 seven calendar days prior to the expiration date of any guilty plea 17 offer by the prosecution or any deadline imposed by the court for a 18 guilty plea. If the prosecution does not comply with a proper request 19 made pursuant to this subdivision, the court may take appropriate action 20 as necessary to address the non-compliance. The inspection rights under 21 this subdivision do not apply to items or information that are the 22 subject of a protective order under section 245.70 of this article; but 23 if such information tends to be exculpatory, the court shall reconsider 24 the protective order. The court may deny an inspection under this 25 subdivision when a reasonable person in the defendant's position would 26 not consider the requested and designated item or information to be of 27 material importance to the decision on the guilty plea offer. A defend- 28 ant may waive his or her rights under this subdivision, but a guilty 29 plea offer may not be conditioned on such waiver. 30 § 245.30 Court orders for preservation, access or discovery. 31 1. Order to preserve evidence. At any time, a party may move for a 32 court order to any individual, agency or other entity in possession, 33 custody or control of items which relate to the subject matter of the 34 case or are otherwise relevant, requiring that such items be preserved 35 for a specified period of time. The court shall hear and rule upon such 36 motions expeditiously. The court may modify or vacate such an order 37 upon a showing that preservation of particular evidence will create 38 significant hardship, on condition that the probative value of that 39 evidence is preserved by a specified alternative means. 40 2. Order to grant access to premises. Without prejudice to its abili- 41 ty to issue a subpoena pursuant to this chapter, after an accusatory 42 instrument has been filed, on application of the prosecution or the 43 defendant for access to an area or place relevant to the case in order 44 to inspect, photograph, or measure same, and upon notice to the property 45 owner with a right to be heard, the court may, upon a finding that such 46 would be material to the preparation of the case or helpful to the jury 47 in determining any material factual issue, enter an order authorizing 48 same on a date and time reasonable for the parties and those in 49 possession of the area or place, provided that law enforcement is not in 50 good faith engaged in a continued investigation of the area or place. 51 The court may in the alternative otherwise provide for the securing of 52 photographs or measurements of the area or place, particularly when 53 necessary to protect the privacy of those in possession of private prem- 54 ises, or when necessary to preserve the safety and security of a place. 55 The court may also limit access and/or the distribution of photographs 56 or measurements to the parties or their counsel.S. 1505 114 A. 2005 1 3. Discretionary discovery by order of the court. The court in its 2 discretion may, upon a showing by the defendant that the request is 3 reasonable and that the defendant is unable without undue hardship to 4 obtain the substantial equivalent by other means, order the prosecution, 5 or any individual, agency or other entity subject to the jurisdiction of 6 the court, to make available for disclosure to the defendant any materi- 7 al or information which relates to the subject matter of the case and is 8 reasonably likely to be material. A motion under this subdivision must 9 be on notice to any person or entity affected by the order. The court 10 may, on its own, upon request of any person or entity affected by the 11 order, modify or vacate the order if compliance would be unreasonable or 12 will create significant hardship. The court may permit a party seeking 13 or opposing a discretionary order of discovery under this subdivision, 14 or another affected person or entity, to submit papers or testify on the 15 record ex parte or in camera. Any such papers and a transcript of such 16 testimony may be sealed and shall constitute a part of the record on 17 appeal. 18 § 245.35 Court ordered procedures to facilitate compliance. 19 To facilitate compliance with this article, and to reduce or stream- 20 line litigation of any disputes about discovery, the court in its 21 discretion may issue an order: 22 1. Requiring that the prosecutor and counsel for the defendant dili- 23 gently confer to attempt to reach an accommodation as to any dispute 24 concerning discovery prior to seeking a ruling from the court; 25 2. Requiring a discovery compliance conference at a specified time 26 prior to trial between the prosecutor, counsel for all defendants, and 27 the court or its staff; 28 3. Requiring the prosecution to file an additional certificate of 29 compliance that states that the prosecutor and/or an appropriate named 30 agent has made reasonable inquiries of all police officers and other 31 persons who have participated in investigating or evaluating the case 32 about the existence of any favorable evidence or information within 33 paragraph (k) of subdivision one of section 245.20 of this article, 34 including such evidence or information that was not reduced to writing 35 or otherwise memorialized or preserved as evidence, and has disclosed 36 any such information to the defendant; and/or 37 4. Requiring other measures or proceedings designed to carry into 38 effect the goals of this article. 39 § 245.40 Non-testimonial evidence from the defendant. 40 1. Availability. After the filing of an accusatory instrument, and 41 subject to constitutional limitations, the court may, upon motion of 42 the prosecution showing probable cause to believe the defendant has 43 committed the crime, a clear indication that relevant material evidence 44 will be found, and that the method used to secure such evidence is safe 45 and reliable, require a defendant to provide non-testimonial evidence, 46 including to: 47 (a) Appear in a lineup; 48 (b) Speak for identification by a witness or potential witness; 49 (c) Be fingerprinted; 50 (d) Pose for photographs not involving reenactment of an event; 51 (e) Permit the taking of samples of the defendant's blood, hair, and 52 other materials of the defendant's body that involves no unreasonable 53 intrusion thereof; 54 (f) Provide specimens of the defendant's handwriting; and 55 (g) Submit to a reasonable physical or medical inspection of the 56 defendant's body.S. 1505 115 A. 2005 1 2. Limitations. This section shall not be construed to alter or in any 2 way affect the issuance of a similar court order, as may be authorized 3 by law, before the filing of an accusatory instrument, consistent with 4 such rights as the defendant may derive from the state constitution or 5 the United States constitution. This section shall not be construed to 6 alter or in any way affect the administration of a chemical test where 7 otherwise authorized. An order pursuant to this section may be denied, 8 limited or conditioned as provided in section 245.70 of this article. 9 § 245.45 DNA comparison order. 10 Where property in the prosecution's possession, custody, or control 11 consists of a deoxyribonucleic acid ("DNA") profile obtained from 12 probative biological material gathered in connection with the investi- 13 gation of the crime, or the defendant, or the prosecution of the defend- 14 ant, and the defendant establishes (a) that such profile complies with 15 federal bureau of investigation or state requirements, whichever are 16 applicable and as such requirements are applied to law enforcement agen- 17 cies seeking a keyboard search or similar comparison, and (b) that the 18 data meets state DNA index system or national DNA index system criteria 19 as such criteria are applied to law enforcement agencies seeking such a 20 keyboard search or similar comparison, the court may, upon motion of a 21 defendant against whom an indictment, superior court information, 22 prosecutor's information, information, or simplified information is 23 pending, order an entity that has access to the combined DNA index 24 system or its successor system to compare such DNA profile against DNA 25 databanks by keyboard searches, or a similar method that does not 26 involve uploading, upon notice to both parties and the entity required 27 to perform the search, upon a showing by the defendant that such a 28 comparison is material to the presentation of his or her defense and 29 that the request is reasonable. For purposes of this section, a 30 "keyboard search" shall mean a search of a DNA profile against the 31 databank in which the profile that is searched is not uploaded to or 32 maintained in the databank. 33 § 245.50 Certificates of compliance. 34 1. By the prosecution. When the prosecution has provided the discovery 35 required by subdivision one of section 245.20 of this article, except 36 for any items or information that are the subject of an order pursuant 37 to section 245.70 of this article, it shall serve upon the defendant and 38 file with the court a certificate of compliance. The certificate of 39 compliance shall state that, after exercising due diligence and making 40 reasonable inquiries to ascertain the existence of material and infor- 41 mation subject to discovery, the prosecutor has disclosed and made 42 available all known material and information subject to discovery. It 43 shall also identify the items provided. If additional discovery is 44 subsequently provided prior to trial pursuant to section 245.60 of this 45 article, a supplemental certificate shall be served upon the defendant 46 and filed with the court identifying the additional material and infor- 47 mation provided. No adverse consequence to the prosecution or the prose- 48 cutor shall result from the filing of a certificate of compliance in 49 good faith; but the court may grant a remedy or sanction for a discov- 50 ery violation as provided in section 245.80 of this article. 51 2. By the defendant. When the defendant has provided all discovery 52 required by subdivision four of section 245.20 of this article, except 53 for any items or information that are the subject of an order pursuant 54 to section 245.70 of this article, counsel for the defendant shall serve 55 upon the prosecution and file with the court a certificate of compli- 56 ance. The certificate shall state that, after exercising due diligenceS. 1505 116 A. 2005 1 and making reasonable inquiries to ascertain the existence of material 2 and information subject to discovery, counsel for the defendant has 3 disclosed and made available all known material and information subject 4 to discovery. It shall also identify the items provided. If additional 5 discovery is subsequently provided prior to trial pursuant to section 6 245.60 of this article, a supplemental certificate shall be served upon 7 the prosecution and filed with the court identifying the additional 8 material and information provided. No adverse consequence to the 9 defendant or counsel for the defendant shall result from the filing of a 10 certificate of compliance in good faith; but the court may grant a reme- 11 dy or sanction for a discovery violation as provided in section 245.80 12 of this article. 13 § 245.55 Flow of information. 14 1. Sufficient communication for compliance. The district attorney and 15 the assistant responsible for the case, or, if the matter is not being 16 prosecuted by the district attorney, the prosecuting agency and its 17 assigned representative, shall endeavor to ensure that a flow of infor- 18 mation is maintained between the police and other investigative person- 19 nel and his or her office sufficient to place within his or her 20 possession or control all material and information pertinent to the 21 defendant and the offense or offenses charged, including, but not limit- 22 ed to, any evidence or information discoverable under paragraph (k) of 23 subdivision one of section 245.20 of this article. 24 2. Provision of law enforcement agency files. Absent a court order or 25 clear security requirement, upon request by the prosecution, a New York 26 state law enforcement agency shall make available to the prosecution a 27 complete copy of its complete files related to the investigation of the 28 case or the prosecution of the defendant for compliance with this arti- 29 cle. 30 3. 911 telephone call and police radio transmission electronic 31 recordings, police worn body camera recordings and other police 32 recordings. (a) Whenever an electronic recording of a 911 telephone 33 call or a police radio transmission or video or audio footage from a 34 police body-worn camera or other police recording was made or received 35 in connection with the investigation of an apparent criminal incident, 36 the arresting officer or lead detective shall expeditiously notify the 37 prosecution in writing upon the filing of an accusatory instrument of 38 the existence of all such known recordings. The prosecution shall expe- 39 ditiously take whatever reasonable steps are necessary to ensure that 40 all known electronic recordings of 911 telephone calls, police radio 41 transmissions and video and audio footage and other police recordings 42 made or available in connection with the case are preserved throughout 43 the pendency of the case. Upon the defendant's timely request and desig- 44 nation of a specific electronic recording of a 911 telephone call, the 45 prosecution shall also expeditiously take whatever reasonable steps are 46 necessary to ensure that it is preserved throughout the pendency of the 47 case. 48 (b) If the prosecution fails to disclose such an electronic recording 49 to the defendant pursuant to paragraph (e), (g) or (k) of subdivision 50 one of section 245.20 of this article due to a failure to comply with 51 this obligation by police officers or other law enforcement or prose- 52 cution personnel, the court upon motion of the defendant shall impose an 53 appropriate remedy or sanction pursuant to section 245.80 of this arti- 54 cle. 55 § 245.60 Continuing duty to disclose.S. 1505 117 A. 2005 1 If either the prosecution or the defendant subsequently learns of 2 additional material or information which it would have been under a duty 3 to disclose pursuant to any provisions of this article at the time of a 4 previous discovery obligation or discovery order, it shall expeditiously 5 notify the other party and disclose the additional material or informa- 6 tion as required for initial discovery under this article. This 7 provision also requires expeditious disclosure by the prosecution of 8 material or information that became relevant to the case or discoverable 9 based upon reciprocal discovery received from the defendant pursuant to 10 subdivision four of section 245.20 of this article. 11 § 245.65 Work product. 12 This article does not authorize discovery by a party of those portions 13 of records, reports, correspondence, memoranda, or internal documents of 14 the adverse party which are only the legal research, opinions, theories 15 or conclusions of the adverse party or its attorney or the attorney's 16 agents, or of statements of a defendant, written or recorded or summa- 17 rized in any writing or recording, made to the attorney for the defend- 18 ant or the attorney's agents. 19 § 245.70 Protective orders. 20 1. Any discovery subject to protective order. Upon a showing of good 21 cause by either party, the court may at any time order that discovery or 22 inspection of any kind of material or information under this article be 23 denied, restricted, conditioned or deferred, or make such other order as 24 is appropriate. The court may impose as a condition on discovery to a 25 defendant that the material or information to be discovered be available 26 only to counsel for the defendant; or, alternatively, that counsel for 27 the defendant, and persons employed by the attorney or appointed by the 28 court to assist in the preparation of a defendant's case, may not 29 disclose physical copies of the discoverable documents to a defendant or 30 to anyone else, provided that the prosecution affords the defendant 31 access to inspect redacted copies of the discoverable documents at a 32 supervised location that provides regular and reasonable hours for such 33 access, such as a prosecutor's office, police station, facility of 34 detention, or court. The court may permit a party seeking or opposing a 35 protective order under this section, or another affected person, to 36 submit papers or testify on the record ex parte or in camera. Any such 37 papers and a transcript of such testimony may be sealed and shall 38 constitute a part of the record on appeal. This section does not alter 39 the allocation of the burden of proof with regard to matters at issue, 40 including privilege. 41 2. Modification of time periods for discovery. Upon motion of a party 42 in an individual case, the court may alter the time periods for discov- 43 ery imposed by this article upon a showing of good cause. 44 3. Prompt hearing. Upon request for a protective order, the court 45 shall conduct an appropriate hearing within three business days to 46 determine whether good cause has been shown and when practicable shall 47 render decision expeditiously. Any materials submitted and a transcript 48 of the proceeding may be sealed and shall constitute a part of the 49 record on appeal. 50 4. Showing of good cause. Good cause under this section includes but 51 is not limited to: constitutional rights or limitations; danger to the 52 integrity of physical evidence; an unreasonable risk of physical harm, 53 intimidation, economic reprisal, bribery or unjustified annoyance or 54 embarrassment to any person; an unreasonable risk of an adverse effect 55 upon the legitimate needs of law enforcement, including but not limited 56 to a continuing or related grand jury proceeding and the protection ofS. 1505 118 A. 2005 1 the confidentiality of informants; danger to any person stemming from 2 factors such as a defendant's gang affiliation, prior history of inter- 3 fering with witnesses, or threats or intimidating actions directed at 4 potential witnesses; or other similar factors that also outweigh the 5 usefulness of the discovery. 6 5. Successor counsel or pro se defendant. In cases in which the attor- 7 ney-client relationship is terminated prior to trial for any reason, 8 any material or information disclosed subject to a condition that it be 9 available only to counsel for the defendant, or limited in dissemination 10 by protective order or otherwise, shall be provided only to successor 11 counsel for the defendant under the same condition or conditions or be 12 returned to the prosecution, unless the court rules otherwise for good 13 cause shown or the prosecutor gives written consent. Any work product 14 derived from such material or information shall not be provided to the 15 defendant, unless the court rules otherwise or the prosecutor gives 16 written consent. If the defendant is acting as his or her own attorney, 17 the court may regulate the time, place and manner of access to any 18 discoverable material or information; and it may as appropriate appoint 19 persons to assist the defendant in the investigation or preparation of 20 the case. Upon motion or application of a defendant acting as his or her 21 own attorney, the court may at any time modify or vacate any condition 22 or restriction relating to access to discoverable material or informa- 23 tion, for good cause shown. 24 6. Expedited review of adverse ruling. (a) A party that has unsuccess- 25 fully sought, or unsuccessfully opposed the granting of, a protective 26 order under this section relating to the name, address, contact informa- 27 tion or statements of a person may obtain expedited review of that 28 ruling by an individual justice of the intermediate appellate court to 29 which an appeal from a judgment of conviction in the case would be 30 taken. 31 (b) Such review shall be sought within two business days of the 32 adverse or partially adverse ruling, by order to show cause filed with 33 the intermediate appellate court. The order to show cause shall in addi- 34 tion be timely served on the lower court and on the opposing party, and 35 shall be accompanied by a sworn affirmation stating in good faith (i) 36 that the ruling affects substantial interests, and (ii) that diligent 37 efforts to reach an accommodation of the underlying discovery dispute 38 with opposing counsel failed or that no accommodation was feasible; 39 except that service on the opposing party, and a statement regarding 40 efforts to reach an accommodation, are unnecessary where the opposing 41 party was not made aware of the application for a protective order and 42 good cause exists for omitting service of the order to show cause on the 43 opposing party. The lower court's order subject to review shall be 44 stayed until the appellate justice renders decision. 45 (c) The assignment of the individual appellate justice, and the mode 46 of and procedure for the review, are determined by rules of the individ- 47 ual appellate courts. The appellate justice may consider any relevant 48 and reliable information bearing on the issue, and may dispense with 49 written briefs other than supporting and opposing materials previously 50 submitted to the lower court. The appellate justice may dispense with 51 the issuance of a written opinion in rendering his or her decision, and 52 when practicable shall render decision expeditiously. Such review and 53 decision shall not affect the right of a defendant, in a subsequent 54 appeal from a judgment of conviction, to claim as error the ruling 55 reviewed.S. 1505 119 A. 2005 1 7. Compliance with protective order. Any protective order issued under 2 this article is a mandate of the court for purposes of the offense of 3 criminal contempt in subdivision three of section 215.50 of the penal 4 law. 5 § 245.75 Waiver of discovery by defendant. 6 A defendant who does not seek discovery from the prosecution under 7 this article shall so notify the prosecution and the court at the 8 defendant's arraignment on an indictment, superior court information, 9 prosecutor's information, information, or simplified information, or 10 expeditiously thereafter but before receiving discovery from the prose- 11 cution pursuant to subdivision one of section 245.20 of this article, 12 and the defendant need not provide discovery to the prosecution pursuant 13 to subdivision four of section 245.20 and section 245.60 of this arti- 14 cle. A waiver shall be in writing and signed by the defendant and coun- 15 sel for the defendant. Such a waiver does not alter or in any way 16 affect the procedures, obligations or rights set forth in sections 17 250.10, 250.20 and 250.30 of this title, or otherwise established or 18 required by law. The prosecution may not condition a guilty plea offer 19 on the defendant's execution of a waiver under this section. 20 § 245.80 Remedies or sanctions for non-compliance. 21 1. Need for remedy or sanction. (a) When material or information is 22 discoverable under this article but is disclosed belatedly, the court 23 shall impose an appropriate remedy or sanction if the party entitled to 24 disclosure shows that it was prejudiced. Regardless of a showing of 25 prejudice the party entitled to disclosure shall be given reasonable 26 time to prepare and respond to the new material. 27 (b) When material or information is discoverable under this article 28 but cannot be disclosed because it has been lost or destroyed, the court 29 shall impose an appropriate remedy or sanction if the party entitled to 30 disclosure shows that the lost or destroyed material may have contained 31 some information relevant to a contested issue. The appropriate remedy 32 or sanction is that which is proportionate to the potential ways in 33 which the lost or destroyed material reasonably could have been helpful 34 to the party entitled to disclosure. 35 2. Available remedies or sanctions. For failure to comply with any 36 discovery order imposed or issued pursuant to this article, the court 37 may make a further order for discovery, grant a continuance, order that 38 a hearing be reopened, order that a witness be called or recalled, 39 instruct the jury that it may draw an adverse inference regarding the 40 non-compliance, preclude or strike a witness's testimony or a portion of 41 a witness's testimony, admit or exclude evidence, order a mistrial, 42 order the dismissal of all or some of the charges, or make such other 43 order as it deems just under the circumstances; except that any sanction 44 against the defendant shall comport with the defendant's constitutional 45 right to present a defense, and precluding a defense witness from 46 testifying shall be permissible only upon a finding that the defendant's 47 failure to comply with the discovery obligation or order was willful 48 and motivated by a desire to obtain a tactical advantage. 49 3. Consequences of non-disclosure of statement of testifying prose- 50 cution witness. The failure of the prosecutor or any agent of the prose- 51 cutor to disclose any written or recorded statement made by a prose- 52 cution witness which relates to the subject matter of the witness's 53 testimony shall not constitute grounds for any court to order a new 54 pre-trial hearing or set aside a conviction, or reverse, modify or 55 vacate a judgment of conviction, in the absence of a showing by the 56 defendant that there is a reasonable possibility that the non-disclosureS. 1505 120 A. 2005 1 materially contributed to the result of the trial or other proceeding; 2 provided, however, that nothing in this section shall affect or limit 3 any right the defendant may have to a reopened pre-trial hearing when 4 such statements were disclosed before the close of evidence at trial. 5 § 245.85 Admissibility of discovery. 6 The fact that a party has indicated during the discovery process an 7 intention to offer specified evidence or to call a specified witness is 8 not admissible in evidence or grounds for adverse comment at a hearing 9 or a trial. 10 § 3. Subdivision 3 of section 610.20 of the criminal procedure law is 11 amended and a new subdivision 4 is added to read as follows: 12 3. An attorney for a defendant in a criminal action or proceeding, as 13 an officer of a criminal court, may issue a subpoena of such court, 14 subscribed by himself, for the attendance in such court of any witness 15 whom the defendant is entitled to call in such action or proceeding. An 16 attorney for a defendant may not issue a subpoena duces tecum of the 17 court directed to any department, bureau or agency of the state or of a 18 political subdivision thereof, or to any officer or representative ther- 19 eof, unless the subpoena is endorsed by the court and provides at least 20 three days for the production of the requested materials. In the case of 21 an emergency, the court may by order dispense with the three-day 22 production period. Such a subpoena duces tecum may be issued in behalf 23 of a defendant upon order of a court pursuant to the rules applicable to 24 civil cases as provided in section twenty-three hundred seven of the 25 civil practice law and rules. 26 4. The showing required to sustain any subpoena under this section is 27 that the testimony or evidence sought is reasonably likely to be rele- 28 vant and material to the proceedings, and the subpoena is not overbroad 29 or unreasonably burdensome. 30 § 4. Section 65.20 of the criminal procedure law, as added by chapter 31 505 of the laws of 1985, subdivision 2 as added, the opening paragraph 32 of subdivision 10 as amended and subdivisions 3, 4, 5, 6, 7, 8, 9, 10, 33 11, 12 and 13 as renumbered by chapter 548 of the laws of 2007, subdivi- 34 sion 7 and paragraph (k) of subdivision 10 as amended by chapter 320 of 35 the laws of 2006 and subdivisions 11 and 12 as amended by chapter 455 of 36 the laws of 1991, is amended to read as follows: 37 § 65.20 Closed-circuit television; procedure for application and grounds 38 for determination. 39 1. Prior to the commencement of a criminal proceeding; other than a 40 grand jury proceeding, either party may apply to the court for an order 41 declaring that a child witness is vulnerable. 42 2. A child witness should be declared vulnerable when the court, in 43 accordance with the provisions of this section, determines by clear and 44 convincing evidence that the child witness would suffer serious mental 45 or emotional harm that would substantially impair the child witness' 46 ability to communicate with the finder of fact without the use of live, 47 two-way closed-circuit television. 48 3. A motion pursuant to subdivision one of this section must be made 49 in writing at least eight days before the commencement of trial or other 50 criminal proceeding upon reasonable notice to the other party and with 51 an opportunity to be heard. 52 4. The motion papers must state the basis for the motion and must 53 contain sworn allegations of fact which, if true, would support a deter- 54 mination by the court that the child witness is vulnerable. Such allega- 55 tions may be based upon the personal knowledge of the deponent or uponS. 1505 121 A. 2005 1 information and belief, provided that, in the latter event, the sources 2 of such information and the grounds for such belief are stated. 3 5. The answering papers may admit or deny any of the alleged facts and 4 may, in addition, contain sworn allegations of fact relevant to the 5 motion, including the rights of the defendant, the need to protect the 6 child witness and the integrity of the truth-finding function of the 7 trier of fact. 8 6. Unless all material facts alleged in support of the motion made 9 pursuant to subdivision one of this section are conceded, the court 10 shall, in addition to examining the papers and hearing oral argument, 11 conduct an appropriate hearing for the purpose of making findings of 12 fact essential to the determination of the motion. Except as provided in 13 subdivision [six] seven of this section, it may subpoena or call and 14 examine witnesses, who must either testify under oath or be permitted to 15 give unsworn testimony pursuant to subdivision two of section 60.20 and 16 must authorize the attorneys for the parties to do the same. 17 7. Notwithstanding any other provision of law, the child witness who 18 is alleged to be vulnerable may not be compelled to testify at such 19 hearing or to submit to any psychological or psychiatric examination. 20 The failure of the child witness to testify at such hearing shall not be 21 a ground for denying a motion made pursuant to subdivision one of this 22 section. Prior statements made by the child witness relating to any 23 allegations of conduct constituting an offense defined in article one 24 hundred thirty of the penal law or incest as defined in section 255.25, 25 255.26 or 255.27 of such law or to any allegation of words or conduct 26 constituting an attempt to prevent, impede or deter the child witness 27 from cooperating in the investigation or prosecution of the offense 28 shall be admissible at such hearing, provided, however, that a declara- 29 tion that a child witness is vulnerable may not be based solely upon 30 such prior statements. 31 8. (a) Notwithstanding any of the provisions of article forty-five of 32 the civil practice law and rules, any physician, psychologist, nurse or 33 social worker who has treated a child witness may testify at a hearing 34 conducted pursuant to subdivision [five] six of this section concerning 35 the treatment of such child witness as such treatment relates to the 36 issue presented at the hearing, provided that any otherwise applicable 37 statutory privileges concerning communications between the child witness 38 and such physician, psychologist, nurse or social worker in connection 39 with such treatment shall not be deemed waived by such testimony alone, 40 except to the limited extent of permitting the court alone to examine in 41 camera reports, records or documents, if any, prepared by such physi- 42 cian, psychologist, nurse or social worker. If upon such examination the 43 court determines that such reports, records or documents, or any one or 44 portion thereof, contain information material and relevant to the issue 45 of whether the child witness is a vulnerable child witness, the court 46 shall disclose such information to both the attorney for the defendant 47 and the district attorney. 48 (b) At any time after a motion has been made pursuant to subdivision 49 one of this section, upon the demand of the other party the moving party 50 must furnish the demanding party with a copy of any and all of such 51 records, reports or other documents in the possession of such other 52 party and must, in addition, supply the court with a copy of all such 53 reports, records or other documents which are the subject of the demand. 54 At any time after a demand has been made pursuant to this paragraph, the 55 moving party may demand that property of the same kind or character in 56 possession of the party that originally made such demand be furnished toS. 1505 122 A. 2005 1 the moving party and, if so furnished, be supplied, in addition, to the 2 court. 3 9. (a) Prior to the commencement of the hearing conducted pursuant to 4 subdivision [five] six of this section, the district attorney shall, 5 subject to a protective order, comply with the provisions of paragraph 6 (c) of subdivision one of section [240.45] 245.20 of this chapter as 7 they concern any witness whom the district attorney intends to call at 8 the hearing and the child witness. 9 (b) Before a defendant calls a witness at such hearing, he or she 10 must, subject to a protective order, comply with the provisions of 11 subdivision [two] four of section [240.45] 245.20 of this chapter as 12 they concern all the witnesses the defendant intends to call at such 13 hearing. 14 10. The court may consider, in determining whether there are factors 15 which would cause the child witness to suffer serious mental or 16 emotional harm, a finding that any one or more of the following circum- 17 stances have been established by clear and convincing evidence: 18 (a) The manner of the commission of the offense of which the defendant 19 is accused was particularly heinous or was characterized by aggravating 20 circumstances. 21 (b) The child witness is particularly young or otherwise particularly 22 subject to psychological harm on account of a physical or mental condi- 23 tion which existed before the alleged commission of the offense. 24 (c) At the time of the alleged offense, the defendant occupied a posi- 25 tion of authority with respect to the child witness. 26 (d) The offense or offenses charged were part of an ongoing course of 27 conduct committed by the defendant against the child witness over an 28 extended period of time. 29 (e) A deadly weapon or dangerous instrument was allegedly used during 30 the commission of the crime. 31 (f) The defendant has inflicted serious physical injury upon the child 32 witness. 33 (g) A threat, express or implied, of physical violence to the child 34 witness or a third person if the child witness were to report the inci- 35 dent to any person or communicate information to or cooperate with a 36 court, grand jury, prosecutor, police officer or peace officer concern- 37 ing the incident has been made by or on behalf of the defendant. 38 (h) A threat, express or implied, of the incarceration of a parent or 39 guardian of the child witness, the removal of the child witness from the 40 family or the dissolution of the family of the child witness if the 41 child witness were to report the incident to any person or communicate 42 information to or cooperate with a court, grand jury, prosecutor, police 43 officer or peace officer concerning the incident has been made by or on 44 behalf of the defendant. 45 (i) A witness other than the child witness has received a threat of 46 physical violence directed at such witness or to a third person by or on 47 behalf of the defendant. 48 (j) The defendant, at the time of the inquiry, (i) is living in the 49 same household with the child witness, (ii) has ready access to the 50 child witness or (iii) is providing substantial financial support for 51 the child witness. 52 (k) The child witness has previously been the victim of an offense 53 defined in article one hundred thirty of the penal law or incest as 54 defined in section 255.25, 255.26 or 255.27 of such law.S. 1505 123 A. 2005 1 (l) According to expert testimony, the child witness would be partic- 2 ularly [suceptible] susceptible to psychological harm if required to 3 testify in open court or in the physical presence of the defendant. 4 11. Irrespective of whether a motion was made pursuant to subdivision 5 one of this section, the court, at the request of either party or on its 6 own motion, may decide that a child witness may be vulnerable based on 7 its own observations that a child witness who has been called to testify 8 at a criminal proceeding is suffering severe mental or emotional harm 9 and therefore is physically or mentally unable to testify or to continue 10 to testify in open court or in the physical presence of the defendant 11 and that the use of live, two-way closed-circuit television is necessary 12 to enable the child witness to testify. If the court so decides, it must 13 conduct the same hearing that subdivision [five] six of this section 14 requires when a motion is made pursuant to subdivision one of this 15 section, and it must make findings of fact pursuant to subdivisions 16 [nine] ten and [eleven] twelve of this section, before determining that 17 the child witness is vulnerable. 18 12. In deciding whether a child witness is vulnerable, the court shall 19 make findings of fact which reflect the causal relationship between the 20 existence of any one or more of the factors set forth in subdivision 21 [nine] ten of this section or other relevant factors which the court 22 finds are established and the determination that the child witness is 23 vulnerable. If the court is satisfied that the child witness is vulner- 24 able and that, under the facts and circumstances of the particular case, 25 the defendant's constitutional rights to an impartial jury or of 26 confrontation will not be impaired, it may enter an order granting the 27 application for the use of live, two-way closed-circuit television. 28 13. When the court has determined that a child witness is a vulnerable 29 child witness, it shall make a specific finding as to whether placing 30 the defendant and the child witness in the same room during the testimo- 31 ny of the child witness will contribute to the likelihood that the child 32 witness will suffer severe mental or emotional harm. If the court finds 33 that placing the defendant and the child witness in the same room during 34 the testimony of the child witness will contribute to the likelihood 35 that the child witness will suffer severe mental or emotional harm, the 36 order entered pursuant to subdivision [eleven] twelve of this section 37 shall direct that the defendant remain in the courtroom during the 38 testimony of the vulnerable child witness. 39 § 5. Subdivision 5 of section 200.95 of the criminal procedure law, as 40 added by chapter 558 of the laws of 1982, is amended to read as follows: 41 5. Court ordered bill of particulars. Where a prosecutor has timely 42 served a written refusal pursuant to subdivision four of this section 43 and upon motion, made in writing, of a defendant, who has made a request 44 for a bill of particulars and whose request has not been complied with 45 in whole or in part, the court must, to the extent a protective order is 46 not warranted, order the prosecutor to comply with the request if it is 47 satisfied that the items of factual information requested are authorized 48 to be included in a bill of particulars, and that such information is 49 necessary to enable the defendant adequately to prepare or conduct his 50 defense and, if the request was untimely, a finding of good cause for 51 the delay. Where a prosecutor has not timely served a written refusal 52 pursuant to subdivision four of this section the court must, unless it 53 is satisfied that the people have shown good cause why such an order 54 should not be issued, issue an order requiring the prosecutor to comply 55 or providing for any other order authorized by [subdivision one of56section 240.70] section 245.80 of this part.S. 1505 124 A. 2005 1 § 6. Paragraph (c) of subdivision 1 of section 255.10 of the criminal 2 procedure law, as added by chapter 763 of the laws of 1974, is amended 3 to read as follows: 4 (c) granting discovery pursuant to article [240] 245; or 5 § 7. Subdivision 1 of section 255.20 of the criminal procedure law, as 6 amended by chapter 369 of the laws of 1982, is amended to read as 7 follows: 8 1. Except as otherwise expressly provided by law, whether the defend- 9 ant is represented by counsel or elects to proceed pro se, all pre-trial 10 motions shall be served or filed within forty-five days after arraign- 11 ment and before commencement of trial, or within such additional time as 12 the court may fix upon application of the defendant made prior to entry 13 of judgment. In an action in which either (a) material or information 14 has been disclosed pursuant to paragraph (m) or (n) of subdivision one 15 of section 245.20, (b) an eavesdropping warrant and application have 16 been furnished pursuant to section 700.70, or (c) a notice of intention 17 to introduce evidence has been served pursuant to section 710.30, such 18 period shall be extended until forty-five days after the last date of 19 such service. If the defendant is not represented by counsel and has 20 requested an adjournment to obtain counsel or to have counsel assigned, 21 such forty-five day period shall commence on the date counsel initially 22 appears on defendant's behalf. 23 § 8. Section 340.30 of the criminal procedure law is amended to read 24 as follows: 25 § 340.30 Pre-trial discovery and notices of defenses. 26 The provisions of article two hundred [forty] forty-five, concerning 27 pre-trial discovery by a defendant under indictment in a superior court, 28 and article two hundred fifty, concerning pre-trial notice to the people 29 by a defendant under indictment in a superior court who intends to 30 advance a trial defense of mental disease or defect or of alibi, apply 31 to a prosecution of an information in a local criminal court. 32 § 9. Subdivision 14 of section 400.27 of the criminal procedure law, 33 as added by chapter 1 of the laws of 1995, is amended to read as 34 follows: 35 14. (a) At a reasonable time prior to the sentencing proceeding or a 36 mental retardation hearing: 37 [(i)] the prosecutor shall, unless previously disclosed and subject to 38 a protective order, make available to the defendant the statements and 39 information specified in subdivision one of section [240.45] 245.20 of 40 this part and make available for inspection, photographing, copying or 41 testing the property specified in subdivision one of section [240.20;42and43(ii) the defendant shall, unless previously disclosed and subject to a44protective order, make available to the prosecution the statements and45information specified in subdivision two of section 240.45 and make46available for inspection, photographing, copying or testing, subject to47constitutional limitations, the reports, documents and other property48specified in subdivision one of section 240.30] 245.20 of this part. 49 (b) Where a party refuses to make disclosure pursuant to this section, 50 the provisions of section [240.35, subdivision one of section 240.40 and51section 240.50] 245.70, 245.75 and/or 245.80 of this part shall apply. 52 (c) If, after complying with the provisions of this section or an 53 order pursuant thereto, a party finds either before or during a sentenc- 54 ing proceeding or mental retardation hearing, additional material 55 subject to discovery or covered by court order, the party shall promptly 56 make disclosure or apply for a protective order.S. 1505 125 A. 2005 1 (d) If the court finds that a party has failed to comply with any of 2 the provisions of this section, the court may [enter] employ any of the 3 [orders] remedies or sanctions specified in subdivision one of section 4 [240.70] 245.80 of this part. 5 § 10. The opening paragraph of paragraph (b) of subdivision 1 of 6 section 440.30 of the criminal procedure law, as added by chapter 19 of 7 the laws of 2012, is amended to read as follows: 8 In conjunction with the filing or consideration of a motion to vacate 9 a judgment pursuant to section 440.10 of this article by a defendant 10 convicted after a trial, in cases where the court has ordered an eviden- 11 tiary hearing upon such motion, the court may order that the people 12 produce or make available for inspection property[, as defined in subdi-13vision three of section 240.10 of this part,] in its possession, custo- 14 dy, or control that was secured in connection with the investigation or 15 prosecution of the defendant upon credible allegations by the defendant 16 and a finding by the court that such property, if obtained, would be 17 probative to the determination of defendant's actual innocence, and that 18 the request is reasonable. The court shall deny or limit such a request 19 upon a finding that such a request, if granted, would threaten the 20 integrity or chain of custody of property or the integrity of the proc- 21 esses or functions of a laboratory conducting DNA testing, pose a risk 22 of harm, intimidation, embarrassment, reprisal, or other substantially 23 negative consequences to any person, undermine the proper functions of 24 law enforcement including the confidentiality of informants, or on the 25 basis of any other factor identified by the court in the interests of 26 justice or public safety. The court shall further ensure that any prop- 27 erty produced pursuant to this paragraph is subject to a protective 28 order, where appropriate. The court shall deny any request made pursuant 29 to this paragraph where: 30 § 11. Subdivision 10 of section 450.10 of the penal law, as added by 31 chapter 795 of the laws of 1984, is amended to read as follows: 32 10. Where there has been a failure to comply with the provisions of 33 this section, and where the district attorney does not demonstrate to 34 the satisfaction of the court that such failure has not caused the 35 defendant prejudice, the court shall instruct the jury that it may 36 consider such failure in determining the weight to be given such 37 evidence and may also impose any other sanction set forth in subdivision 38 one of section [240.70] 245.80 of the criminal procedure law; provided, 39 however, that unless the defendant has convinced the court that such 40 failure has caused him undue prejudice, the court shall not preclude the 41 district attorney from introducing into evidence the property, photo- 42 graphs, photocopies, or other reproductions of the property or, where 43 appropriate, testimony concerning its value and condition, where such 44 evidence is otherwise properly authenticated and admissible under the 45 rules of evidence. Failure to comply with any one or more of the 46 provisions of this section shall not for that reason alone be grounds 47 for dismissal of the accusatory instrument. 48 § 12. Section 460.80 of the penal law, as added by chapter 516 of the 49 laws of 1986, is amended to read as follows: 50 § 460.80 Court ordered disclosure. 51 Notwithstanding the provisions of article two hundred [forty] forty- 52 five of the criminal procedure law, when forfeiture is sought pursuant 53 to section 460.30 of this [chapter] article, the court may order discov- 54 ery of any property not otherwise disclosed which is material and 55 reasonably necessary for preparation by the defendant with respect to 56 the forfeiture proceeding pursuant to such section. The court may issueS. 1505 126 A. 2005 1 a protective order denying, limiting, conditioning, delaying or regulat- 2 ing such discovery where a danger to the integrity of physical evidence 3 or a substantial risk of physical harm, intimidation, economic reprisal, 4 bribery or unjustified annoyance or embarrassment to any person or an 5 adverse effect upon the legitimate needs of law enforcement, including 6 the protection of the confidentiality of informants, or any other factor 7 or set of factors outweighs the usefulness of the discovery. 8 § 13. Subdivision 5 of section 480.10 of the penal law, as added by 9 chapter 655 of the laws of 1990, is amended to read as follows: 10 5. In addition to information required to be disclosed pursuant to 11 article two hundred [forty] forty-five of the criminal procedure law, 12 when forfeiture is sought pursuant to this article, and following the 13 defendant's arraignment on the special forfeiture information, the court 14 shall order discovery of any information not otherwise disclosed which 15 is material and reasonably necessary for preparation by the defendant 16 with respect to a forfeiture proceeding brought pursuant to this arti- 17 cle. Such material shall include those portions of the grand jury 18 minutes and such other information which pertain solely to the special 19 forfeiture information and shall not include information which pertains 20 to the criminal charges. Upon application of the prosecutor, the court 21 may issue a protective order pursuant to section [240.40] 245.70 of the 22 criminal procedure law with respect to any information required to be 23 disclosed pursuant to this subdivision. 24 § 14. The penal law is amended by adding a new section 215.07 to read 25 as follows: 26 § 215.07 Tampering with or intimidating a victim or witness through 27 social media. 28 A person is guilty of tampering with or intimidating a victim or 29 witness through social media when he or she disseminates information on 30 social media with the intent to induce a witness or victim: 31 1. to absent himself or herself from, or otherwise to avoid or seek to 32 avoid appearing at, producing records, documents or other objects for 33 use at, or testifying at a criminal action or proceeding; or 34 2. to refrain from communicating information or producing records, 35 documents or other objects to any court, grand jury, prosecutor, police 36 officer or peace officer concerning a criminal transaction. 37 Social media includes, but is not limited to forms of communication 38 through which users participate in online communities to share informa- 39 tion, ideas, personal messages, and other content. 40 Tampering with or intimidating a victim or witness through social 41 media is a class A misdemeanor. 42 § 15. Section 215.10 of the penal law, the section heading and the 43 closing paragraph as amended by chapter 664 of the laws of 1982, is 44 amended to read as follows: 45 § 215.10 Tampering with a witness in the [fourth] fifth degree. 46 A person is guilty of tampering with a witness in the fifth degree 47 when, knowing that a person [is or is about to] may be called as a 48 witness in an action or proceeding, (a) he or she wrongfully induces or 49 attempts to induce such person to absent himself or herself from, or 50 otherwise to avoid or seek to avoid appearing at, producing records, 51 documents or other objects for use at or testifying at, such action or 52 proceeding, or (b) he or she knowingly makes any false statement or 53 practices any fraud or deceit with intent to affect the testimony of 54 such person. 55 Tampering with a witness in the [fourth] fifth degree is a class A 56 misdemeanor.S. 1505 127 A. 2005 1 § 16. Section 215.11 of the penal law, as added by chapter 664 of the 2 laws of 1982, is amended to read as follows: 3 § 215.11 Tampering with a witness in the [third] fourth degree. 4 A person is guilty of tampering with a witness in the [third] fourth 5 degree when, knowing that a person [is about to] may be called as a 6 witness in a criminal proceeding: 7 1. He or she wrongfully compels or attempts to compel such person to 8 absent himself or herself from, or otherwise to avoid or seek to avoid 9 appearing at, producing records, documents or other objects for use at 10 or testifying at such proceeding by means of instilling in him or her a 11 fear that the actor will cause physical injury to such person or another 12 person; or 13 2. He or she wrongfully compels or attempts to compel such person to 14 swear falsely or alter, destroy, mutilate or conceal an object with the 15 intent to impair the integrity or availability of the object for use in 16 the action or proceeding by means of instilling in him or her a fear 17 that the actor will cause physical injury to such person or another 18 person. 19 Tampering with a witness in the [third] fourth degree is a class E 20 felony. 21 § 17. Section 215.12 of the penal law, as added by chapter 664 of the 22 laws of 1982, is amended to read as follows: 23 § 215.12 Tampering with a witness in the [second] third degree. 24 A person is guilty of tampering with a witness in the [second] third 25 degree when he or she: 26 1. Intentionally causes or attempts to cause physical injury to a 27 person for the purpose of obstructing, delaying, preventing or impeding 28 the giving of testimony in a criminal proceeding by such person or 29 another person or for the purpose of compelling such person or another 30 person to swear falsely or alter, destroy, mutilate or conceal an object 31 with the intent to impair the integrity or availability of the object 32 for use in the action or proceeding; or 33 2. [He intentionally] Intentionally causes or attempts to cause phys- 34 ical injury to a person on account of such person or another person 35 having testified in a criminal proceeding or produced records, documents 36 or other objects for use in a criminal proceeding. 37 Tampering with a witness in the [second] third degree is a class D 38 felony. 39 § 18. Section 215.13 of the penal law, as added by chapter 664 of the 40 laws of 1982, is amended to read as follows: 41 § 215.13 Tampering with a witness in the [first] second degree. 42 A person is guilty of tampering with a witness in the [first] second 43 degree when: 44 1. He or she intentionally causes or attempts for cause serious phys- 45 ical injury to a person for the purpose of obstructing, delaying, 46 preventing or impeding the giving of testimony in a criminal proceeding 47 by such person or another person or for the purpose of compelling such 48 person or another person to swear falsely or alter, destroy, mutilate or 49 conceal an object with the intent to impair the integrity or availabili- 50 ty of the object for use in the action or proceeding; or 51 2. He or she intentionally causes or attempts to cause serious phys- 52 ical injury to a person on account of such person or another person 53 having testified in a criminal proceeding or produced records, documents 54 or other objects for use in a criminal proceeding. 55 Tampering with a witness in the [first] second degree is a class B 56 felony.S. 1505 128 A. 2005 1 § 19. The penal law is amended by adding a new section 215.13-a to 2 read as follows: 3 § 215.13-a Tampering with a witness in the first degree. 4 A person is guilty of tampering with a witness in the first degree 5 when: 6 1. He or she intentionally causes or attempts to cause the death of a 7 person for the purpose of obstructing, delaying, preventing or impeding 8 the giving of testimony in a criminal proceeding by such person or 9 another person or for the purpose of compelling such person or another 10 person to swear falsely or alter, destroy, mutilate or conceal an object 11 with the intent to impair the integrity or availability of the object 12 for use in the action or proceeding; or 13 2. He or she intentionally causes or attempts to cause the death of a 14 person on account of such person or another person having testified in a 15 criminal proceeding or produced records, documents or other objects for 16 use in a criminal proceeding. 17 Tampering with a witness in the first degree is a class A-I felony. 18 § 20. Section 215.15 of the penal law, as added by chapter 667 of the 19 laws of 1985, is amended to read as follows: 20 § 215.15 Intimidating a victim or witness in the [third] fourth degree. 21 A person is guilty of intimidating a victim or witness in the [third] 22 fourth degree when, knowing that another person possesses information, 23 records, documents or other objects relating to a criminal transaction 24 and other than in the course of that criminal transaction or immediate 25 flight therefrom, he or she: 26 1. Wrongfully compels or attempts to compel such other person to 27 refrain from communicating such information or producing records, docu- 28 ments or other objects to any court, grand jury, prosecutor, police 29 officer or peace officer by means of instilling in him a fear that the 30 actor will cause physical injury to such other person or another person; 31 or 32 2. Intentionally damages the property of such other person or another 33 person for the purpose of compelling such other person or another person 34 to refrain from communicating information or producing records, docu- 35 ments or other objects, or on account of such other person or another 36 person having communicated[,] information or produced records, documents 37 or other objects, relating to that criminal transaction to any court, 38 grand jury, prosecutor, police officer or peace officer; or 39 3. Intentionally distributes, posts, or publishes through the internet 40 or social media, including any form of communication through which users 41 participate in online communities to share information, ideas, personal 42 messages and other content, copies of a victim or witness statement, 43 including but not limited to transcripts of grand jury testimony or a 44 written statement given by the victim or witness during the course of a 45 criminal investigation or proceeding, or a visual image of a victim or 46 witness or any other person, for the purpose of compelling a person to 47 refrain from communicating, or on account of such victim, witness or 48 another person having communicated, information relating to that crimi- 49 nal transaction to any court, grand jury, prosecutor, police officer or 50 peace officer. 51 Intimidating a victim or witness in the [third] fourth degree is a 52 class E felony. 53 § 21. Section 215.16 of the penal law, as added by chapter 667 of the 54 laws of 1985, is amended to read as follows: 55 § 215.16 Intimidating a victim or witness in the [second] third degree.S. 1505 129 A. 2005 1 A person is guilty of intimidating a victim or witness in the [second] 2 third degree when, other than in the course of that criminal transaction 3 or immediate flight therefrom, he or she: 4 1. Intentionally causes or attempts to cause physical injury to anoth- 5 er person for the purpose of obstructing, delaying, preventing or imped- 6 ing the communication by such other person or another person of informa- 7 tion or the production of records, documents or other objects relating 8 to a criminal transaction to any court, grand jury, prosecutor, police 9 officer or peace officer or for the purpose of compelling such other 10 person or another person to swear falsely; or 11 2. Intentionally causes or attempts to cause physical injury to anoth- 12 er person on account of such other person or another person having 13 communicated information or produced records, documents or other objects 14 relating to a criminal transaction to any court, grand jury, prosecutor, 15 police officer or peace officer; or 16 3. Recklessly causes physical injury to another person by inten- 17 tionally damaging the property of such other person or another person, 18 for the purpose of obstructing, delaying, preventing or impeding such 19 other person or another person from communicating or producing records, 20 documents or other objects, or on account of such other person or anoth- 21 er person having communicated[,] information or produced records, docu- 22 ments or other objects, relating to a criminal transaction to any court, 23 grand jury, prosecutor, police officer or peace officer. 24 Intimidating a victim or witness in the [second] third degree is a 25 class D felony. 26 § 22. Section 215.17 of the penal law, as added by chapter 667 of the 27 laws of 1985, is amended to read as follows: 28 § 215.17 Intimidating a victim or witness in the [first] second degree. 29 A person is guilty of intimidating a victim or witness in the [first] 30 second degree when, other than in the course of that criminal trans- 31 action or immediate flight therefrom, he or she: 32 1. Intentionally causes or attempts to cause serious physical injury 33 to another person for the purpose of obstructing, delaying, preventing 34 or impeding the communication by such other person or another person of 35 information or the production of records, documents or other objects 36 relating to a criminal transaction to any court, grand jury, prosecutor, 37 police officer or peace officer or for the purpose of compelling such 38 other person or another person to swear falsely; or 39 2. Intentionally causes or attempts to cause serious physical injury 40 to another person on account of such other person or another person 41 having communicated information or produced records, documents or other 42 objects, relating to a criminal transaction to any court, grand jury, 43 prosecutor, police officer or peace officer. 44 Intimidating a victim or witness in the [first] second degree is a 45 class B felony. 46 § 23. The penal law is amended by adding a new section 215.18 to read 47 as follows: 48 § 215.18 Intimidating a victim or witness in the first degree. 49 A person is guilty of intimidating a victim or witness in the first 50 degree when, other than in the course of that criminal transaction or 51 immediate flight therefrom, he or she: 52 1. Intentionally causes or attempts to cause death to another person 53 for the purpose of obstructing, delaying, preventing or impeding the 54 communication by such other person or another person of information or 55 the production of records, documents or other objects relating to a 56 criminal transaction to any court, grand jury, prosecutor, police offi-S. 1505 130 A. 2005 1 cer or peace officer or for the purpose of compelling such other person 2 or another person to swear falsely; or 3 2. Intentionally causes or attempts to cause death to another person 4 on account of such other person or another person having communicated 5 information or produced records, documents or other objects, relating to 6 a criminal transaction to any court, grand jury, prosecutor, police 7 officer or peace officer. 8 Intimidating a victim or witness in the first degree is a class A-I 9 felony. 10 § 24. The penal law is amended by adding a new section 215.21 to read 11 as follows: 12 § 215.21 Affirmative defense. 13 In a prosecution for an offense under this article, it is an affirma- 14 tive defense, as to which the defendant has the burden of proof by a 15 preponderance of the evidence, that the conduct consisted solely of 16 lawful conduct and that the defendant's sole intention was to encourage, 17 induce, or cause the other person to testify truthfully. 18 § 25. This act shall take effect on the one hundred eightieth day 19 after it shall have become a law; provided, however, the amendments to 20 section 65.20 of the criminal procedure law made by section four of this 21 act shall not affect the repeal of such section and shall be deemed 22 repealed therewith. 23 SUBPART C 24 Section 1. Section 30.30 of the criminal procedure law, as added by 25 chapter 184 of the laws of 1972, paragraph (a) of subdivision 3 as 26 amended by chapter 93 of the laws of 2006, paragraph (a) of subdivision 27 4 as amended by chapter 558 of the laws of 1982, paragraph (c) of subdi- 28 vision 4 as amended by chapter 631 of the laws of 1996, paragraph (h) of 29 subdivision 4 as added by chapter 837 of the laws of 1986, paragraph (i) 30 of subdivision 4 as added by chapter 446 of the laws of 1993, paragraph 31 (j) of subdivision 4 as added by chapter 222 of the laws of 1994, para- 32 graph (b) of subdivision 5 as amended by chapter 109 of the laws of 33 1982, paragraphs (e) and (f) of subdivision 5 as added by chapter 209 of 34 the laws of 1990, is amended to read as follows: 35 § 30.30 Speedy trial; time limitations. 36 1. Except as otherwise provided in subdivision three, a motion made 37 pursuant to paragraph (e) of subdivision one of section 170.30 or para- 38 graph (g) of subdivision one of section 210.20 must be granted where the 39 people are not ready for trial within: 40 (a) six months of the commencement of a criminal action wherein a 41 defendant is accused of one or more offenses, at least one of which is a 42 felony; 43 (b) ninety days of the commencement of a criminal action wherein a 44 defendant is accused of one or more offenses, at least one of which is a 45 misdemeanor punishable by a sentence of imprisonment of more than three 46 months and none of which is a felony; 47 (c) sixty days of the commencement of a criminal action wherein the 48 defendant is accused of one or more offenses, at least one of which is a 49 misdemeanor punishable by a sentence of imprisonment of not more than 50 three months and none of which is a crime punishable by a sentence of 51 imprisonment of more than three months; 52 (d) thirty days of the commencement of a criminal action wherein the 53 defendant is accused of one or more offenses, at least one of which is a 54 violation and none of which is a crime.S. 1505 131 A. 2005 1 2. [Except as provided in subdivision three, where a defendant has2been committed to the custody of the sheriff in a criminal action he3must be released on bail or on his own recognizance, upon such condi-4tions as may be just and reasonable, if the people are not ready for5trial in that criminal action within:6(a) ninety days from the commencement of his commitment to the custody7of the sheriff in a criminal action wherein the defendant is accused of8one or more offenses, at least one of which is a felony;9(b) thirty days from the commencement of his commitment to the custody10of the sheriff in a criminal action wherein the defendant is accused of11one or more offenses, at least one of which is a misdemeanor punishable12by a sentence of imprisonment of more than three months and none of13which is a felony;14(c) fifteen days from the commencement of his commitment to the custo-15dy of the sheriff in a criminal action wherein the defendant is accused16of one or more offenses, at least one of which is a misdemeanor punisha-17ble by a sentence of imprisonment of not more than three months and none18of which is a crime punishable by a sentence of imprisonment of more19than three months;20(d) five days from the commencement of his commitment to the custody21of the sheriff in a criminal action wherein the defendant is accused of22one or more offenses, at least one of which is a violation and none of23which is a crime.] 24 Whenever pursuant to this section a prosecutor states or otherwise 25 provides notice that the people are ready for trial, the court may make 26 inquiry on the record as to their actual readiness. If, after conducting 27 its inquiry, the court determines that the people are not ready to 28 proceed to trial, the prosecutor's statement or notice of readiness 29 shall not be valid for purposes of this section. Any statement of trial 30 readiness must be accompanied or preceded by a certification of good 31 faith compliance with the disclosure requirements of article two hundred 32 forty-five of this chapter. This subdivision shall not apply to cases 33 where the defense has waived disclosure requirements. The defense shall 34 be afforded an opportunity to be heard on the record concerning any such 35 inquiry by the court, and concerning whether such disclosure require- 36 ments have been met. 37 2-a. Upon a misdemeanor complaint, a statement of readiness shall not 38 be valid unless the prosecuting attorney certifies that all counts 39 charged in the accusatory instrument meet the requirements of sections 40 100.15 and 100.40 and those counts not meeting the requirements of 41 sections 100.15 and 100.40 have been dismissed. 42 3. (a) Subdivisions one and two do not apply to a criminal action 43 wherein the defendant is accused of an offense defined in sections 44 125.10, 125.15, 125.20, 125.25, 125.26 and 125.27 of the penal law. 45 (b) A motion made pursuant to subdivisions one or two upon expiration 46 of the specified period may be denied where the people are not ready for 47 trial if the people were ready for trial prior to the expiration of the 48 specified period and their present unreadiness is due to some excep- 49 tional fact or circumstance, including, but not limited to, the sudden 50 unavailability of evidence material to the people's case, when the 51 district attorney has exercised due diligence to obtain such evidence 52 and there are reasonable grounds to believe that such evidence will 53 become available in a reasonable period. 54 (c) A motion made pursuant to subdivision two shall not: 55 (i) apply to any defendant who is serving a term of imprisonment for 56 another offense;S. 1505 132 A. 2005 1 (ii) require the release from custody of any defendant who is also 2 being held in custody pending trial of another criminal charge as to 3 which the applicable period has not yet elapsed; 4 (iii) prevent the redetention of or otherwise apply to any defendant 5 who, after being released from custody pursuant to this section or 6 otherwise, is charged with another crime or violates the conditions on 7 which he has been released, by failing to appear at a judicial proceed- 8 ing at which his presence is required or otherwise. 9 4. In computing the time within which the people must be ready for 10 trial pursuant to subdivisions one and two, the following periods must 11 be excluded: 12 (a) a reasonable period of delay resulting from other proceedings 13 concerning the defendant, including but not limited to: proceedings for 14 the determination of competency and the period during which defendant is 15 incompetent to stand trial; demand to produce; request for a bill of 16 particulars; pre-trial motions; appeals; trial of other charges; and the 17 period during which such matters are under consideration by the court; 18 or 19 (b) the period of delay resulting from a continuance granted by the 20 court at the request of, or with the consent of, the defendant or his or 21 her counsel. The court [must] may grant such a continuance only if it is 22 satisfied that postponement is in the interest of justice, taking into 23 account the public interest in the prompt dispositions of criminal 24 charges. A defendant without counsel must not be deemed to have 25 consented to a continuance unless he has been advised by the court of 26 his or her rights under these rules and the effect of his consent, which 27 must be done on the record in open court; or 28 (c) (i) the period of delay resulting from the absence or unavailabil- 29 ity of the defendant. A defendant must be considered absent whenever his 30 location is unknown and he is attempting to avoid apprehension or prose- 31 cution, or his location cannot be determined by due diligence. A defend- 32 ant must be considered unavailable whenever his location is known but 33 his presence for trial cannot be obtained by due diligence; or 34 (ii) where the defendant has either escaped from custody or has failed 35 to appear when required after having previously been released on bail or 36 on his own recognizance, and provided the defendant is not in custody on 37 another matter, the period extending from the day the court issues a 38 bench warrant pursuant to section 530.70 because of the defendant's 39 failure to appear in court when required, to the day the defendant 40 subsequently appears in the court pursuant to a bench warrant or volun- 41 tarily or otherwise; or 42 (d) a reasonable period of delay when the defendant is joined for 43 trial with a co-defendant as to whom the time for trial pursuant to this 44 section has not run and good cause is not shown for granting a sever- 45 ance; or 46 (e) the period of delay resulting from detention of the defendant in 47 another jurisdiction provided the district attorney is aware of such 48 detention and has been diligent and has made reasonable efforts to 49 obtain the presence of the defendant for trial; or 50 (f) the period during which the defendant is without counsel through 51 no fault of the court; except when the defendant is proceeding as his 52 own attorney with the permission of the court; or 53 (g) other periods of delay occasioned by exceptional circumstances, 54 including but not limited to, the period of delay resulting from a 55 continuance granted at the request of a district attorney if (i) the 56 continuance is granted because of the unavailability of evidence materi-S. 1505 133 A. 2005 1 al to the people's case, when the district attorney has exercised due 2 diligence to obtain such evidence and there are reasonable grounds to 3 believe that such evidence will become available in a reasonable period; 4 or (ii) the continuance is granted to allow the district attorney addi- 5 tional time to prepare the people's case and additional time is justi- 6 fied by the exceptional circumstances of the case. Any such exclusion 7 when a statement of unreadiness has followed a statement of readiness 8 made by the people must be accompanied by supporting facts and approved 9 by the court. The court shall inquire on the record as to the reasons 10 for the people's unreadiness; or 11 (h) the period during which an action has been adjourned in contem- 12 plation of dismissal pursuant to sections 170.55, 170.56 and 215.10 of 13 this chapter[.]; or 14 (i) [The] the period prior to the defendant's actual appearance for 15 arraignment in a situation in which the defendant has been directed to 16 appear by the district attorney pursuant to subdivision three of section 17 120.20 or subdivision three of section 210.10[.]; or 18 (j) the period during which a family offense is before a family court 19 until such time as an accusatory instrument or indictment is filed 20 against the defendant alleging a crime constituting a family offense, as 21 such term is defined in section 530.11 of this chapter. 22 5. At each court appearance date preceding the commencement of trial 23 in a criminal action, the court, whenever it is practicable to do so, 24 shall rule preliminarily on whether the adjournment period immediately 25 following such court appearance date is to be included or excluded for 26 the purposes of computing the time within which the people must be ready 27 for trial within the meaning of this section. The court's ruling shall 28 be noted in the court file. 29 6. For purposes of this section, (a) where the defendant is to be 30 tried following the withdrawal of the plea of guilty or is to be retried 31 following a mistrial, an order for a new trial or an appeal or collat- 32 eral attack, the criminal action and the commitment to the custody of 33 the sheriff, if any, must be deemed to have commenced on the date the 34 withdrawal of the plea of guilty or the date the order occasioning a 35 retrial becomes final; 36 (b) where a defendant has been served with an appearance ticket, the 37 criminal action must be deemed to have commenced on the date the defend- 38 ant first appears in a local criminal court in response to the ticket; 39 (c) where a criminal action is commenced by the filing of a felony 40 complaint, and thereafter, in the course of the same criminal action 41 either the felony complaint is replaced with or converted to an informa- 42 tion, prosecutor's information or misdemeanor complaint pursuant to 43 article [180] one hundred eighty or a prosecutor's information is filed 44 pursuant to section 190.70, the period applicable for the purposes of 45 subdivision one must be the period applicable to the charges in the new 46 accusatory instrument, calculated from the date of the filing of such 47 new accusatory instrument; provided, however, that when the aggregate of 48 such period and the period of time, excluding the periods provided in 49 subdivision [four] five, already elapsed from the date of the filing of 50 the felony complaint to the date of the filing of the new accusatory 51 instrument exceeds six months, the period applicable to the charges in 52 the felony complaint must remain applicable and continue as if the new 53 accusatory instrument had not been filed; 54 (d) where a criminal action is commenced by the filing of a felony 55 complaint, and thereafter, in the course of the same criminal action 56 either the felony complaint is replaced with or converted to an informa-S. 1505 134 A. 2005 1 tion, prosecutor's information or misdemeanor complaint pursuant to 2 article [180] one hundred eighty or a prosecutor's information is filed 3 pursuant to section 190.70, the period applicable for the purposes of 4 subdivision two must be the period applicable to the charges in the new 5 accusatory instrument, calculated from the date of the filing of such 6 new accusatory instrument; provided, however, that when the aggregate of 7 such period and the period of time, excluding the periods provided in 8 subdivision [four] five, already elapsed from the date of the filing of 9 the felony complaint to the date of the filing of the new accusatory 10 instrument exceeds ninety days, the period applicable to the charges in 11 the felony complaint must remain applicable and continue as if the new 12 accusatory instrument had not been filed. 13 (e) where a count of an indictment is reduced to charge only a misde- 14 meanor or petty offense and a reduced indictment or a prosecutor's 15 information is filed pursuant to subdivisions one-a and six of section 16 210.20, the period applicable for the purposes of subdivision one of 17 this section must be the period applicable to the charges in the new 18 accusatory instrument, calculated from the date of the filing of such 19 new accusatory instrument; provided, however, that when the aggregate of 20 such period and the period of time, excluding the periods provided in 21 subdivision [four] five of this section, already elapsed from the date 22 of the filing of the indictment to the date of the filing of the new 23 accusatory instrument exceeds six months, the period applicable to the 24 charges in the indictment must remain applicable and continue as if the 25 new accusatory instrument had not been filed; 26 (f) where a count of an indictment is reduced to charge only a misde- 27 meanor or petty offense and a reduced indictment or a prosecutor's 28 information is filed pursuant to subdivisions one-a and six of section 29 210.20, the period applicable for the purposes of subdivision two of 30 this section must be the period applicable to the charges in the new 31 accusatory instrument, calculated from the date of the filing of such 32 new accusatory instrument; provided, however, that when the aggregate of 33 such period and the period of time, excluding the periods provided in 34 subdivision [four] five of this section, already elapsed from the date 35 of the filing of the indictment to the date of the filing of the new 36 accusatory instrument exceeds ninety days, the period applicable to the 37 charges in the indictment must remain applicable and continue as if the 38 new accusatory instrument had not been filed. 39 [6.] 7. The procedural rules prescribed in subdivisions one through 40 seven of section 210.45 with respect to a motion to dismiss an indict- 41 ment are also applicable to a motion made pursuant to subdivision two. 42 § 2. Subdivision 6 of section 180.85 of the criminal procedure law, as 43 added by chapter 518 of the laws of 2004, is amended to read as follows: 44 6. The period from the filing of a motion pursuant to this section 45 until entry of an order disposing of such motion shall not, by reason of 46 such motion, be considered a period of delay for purposes of subdivision 47 [four] five of section 30.30, nor shall such period, by reason of such 48 motion, be excluded in computing the time within which the people must 49 be ready for trial pursuant to such section 30.30. 50 § 3. This act shall take effect on the one hundred eightieth day after 51 it shall have become a law. 52 § 2. If any clause, sentence, paragraph, subdivision, section or 53 subpart of this act shall be adjudged by any court of competent juris- 54 diction to be invalid, such judgment shall not affect, impair, or inval- 55 idate the remainder thereof, but shall be confined in its operation to 56 the clause, sentence, paragraph, subdivision, section or subpart thereofS. 1505 135 A. 2005 1 directly involved in the controversy in which such judgment shall have 2 been rendered. It is hereby declared to be the intent of the legislature 3 that this act would have been enacted even if such invalid provisions 4 had not been included herein. 5 § 3. This act shall take effect immediately provided, however, that 6 the applicable effective date of Subparts A through C of this act shall 7 be as specifically set forth in the last section of such Subparts. 8 PART BB 9 Section 1. Subdivisions 2 and 3 of section 86 of the public officers 10 law, as added by chapter 933 of the laws of 1977, are amended and a new 11 subdivision 6 is added to read as follows: 12 2. "State legislature" means the [legislature of the state of New13York, including] New York state senate, New York state assembly, any 14 committee, subcommittee, joint committee, select committee, or commis- 15 sion thereof, and any members, officers, representatives and employees 16 thereof. 17 3. "Agency" means any state or municipal department, board, bureau, 18 division, commission, committee, public authority, public corporation, 19 council, office, or other governmental entity performing a governmental 20 or proprietary function for the state or any one or more municipalities 21 thereof, except the judiciary [or the state legislature]. 22 6. "Respective house of the state legislature" means the New York 23 state senate, New York state assembly, and any corresponding committee, 24 subcommittee, joint committee, select committee, or commission thereof, 25 and any members, officers, representatives and employees thereof. 26 § 2. Section 87 of the public officers law, as added by chapter 933 of 27 the laws of 1977, paragraph (a) and the opening paragraph of paragraph 28 (b) of subdivision 1 as amended by chapter 80 of the laws of 1983, 29 subparagraph iii of paragraph (b) of subdivision 1 as amended and para- 30 graph (c) of subdivision 1 and subdivision 5 as added by chapter 223 of 31 the laws of 2008, paragraph (d) of subdivision 2 as amended by chapter 32 289 of the laws of 1990, paragraph (f) of subdivision 2 as amended by 33 chapter 403 of the laws of 2003, paragraph (g) of subdivision 2 as 34 amended by chapter 510 of the laws of 1999, paragraph (i) of subdivision 35 2 as amended by chapter 154 of the laws of 2010, paragraph (j) of subdi- 36 vision 2 as added by chapter 746 of the laws of 1988, paragraph (k) of 37 subdivision 2 as separately added by chapters 19, 20, 21, 22, 23 and 383 38 of the laws of 2009, paragraph (l) of subdivision 2 as added by section 39 12 of part II of chapter 59 of the laws of 2010, paragraph (m) of subdi- 40 vision 2 as added by chapter 189 of the laws of 2013, paragraph (n) of 41 subdivision 2 as added by chapter 43 of the laws of 2014, paragraph (n) 42 of subdivision 2 as separately added by chapters 99, 101, and 123 of the 43 laws of 2014, paragraph (o) of subdivision 2 as added by chapter 222 of 44 the laws of 2015, paragraph (c) of subdivision 3 as amended by chapter 45 499 of the laws of 2008, subdivision 4 as added by chapter 890 of the 46 laws of 1981, and paragraph (c) of subdivision 4 as added by chapter 102 47 of the laws of 2007, is amended to read as follows: 48 § 87. Access to agency or state legislature records. 1. (a) Within 49 sixty days after the effective date of this article, the governing body 50 of each public corporation shall promulgate uniform rules and regu- 51 lations for all agencies in such public corporation pursuant to such 52 general rules and regulations as may be promulgated by the committee on 53 open government in conformity with the provisions of this article, 54 pertaining to the administration of this article.S. 1505 136 A. 2005 1 (b) Each agency and each house of the state legislature shall promul- 2 gate rules and regulations, in conformity with this article and applica- 3 ble rules and regulations promulgated pursuant to the provisions of 4 paragraph (a) of this subdivision, and pursuant to such general rules 5 and regulations as may be promulgated by the committee on open govern- 6 ment in conformity with the provisions of this article, pertaining to 7 the availability of records and procedures to be followed, including, 8 but not limited to: 9 i. the times and places such records are available; 10 ii. the persons from whom such records may be obtained[,]; and 11 iii. the fees for copies of records which shall not exceed twenty-five 12 cents per photocopy not in excess of nine inches by fourteen inches, or 13 the actual cost of reproducing any other record in accordance with the 14 provisions of paragraph (c) of this subdivision, except when a different 15 fee is otherwise prescribed by statute. 16 (c) In determining the actual cost of reproducing a record, an agency 17 and the state legislature may include only: 18 i. an amount equal to the hourly salary attributed to the lowest paid 19 employee of an agency or [employee] respective house of the state legis- 20 lature who has the necessary skill required to prepare a copy of the 21 requested record; 22 ii. the actual cost of the storage devices or media provided to the 23 person making the request in complying with such request; 24 iii. the actual cost to the agency or to the respective house of the 25 state legislature of engaging an outside professional service to prepare 26 a copy of a record, but only when an agency's or respective house of the 27 state legislature's information technology equipment is inadequate to 28 prepare a copy, if such service is used to prepare the copy; and 29 iv. preparing a copy shall not include search time or administrative 30 costs, and no fee shall be charged unless at least two hours of agency 31 or respective house of the state legislature employee time is needed to 32 prepare a copy of the record requested. A person requesting a record 33 shall be informed of the estimated cost of preparing a copy of the 34 record if more than two hours of an agency or respective house of the 35 state legislature employee's time is needed, or if an outside profes- 36 sional service would be retained to prepare a copy of the record. 37 2. Each agency and the respective house of the state legislature 38 shall, in accordance with its published rules, make available for public 39 inspection and copying all records, except that such agency and the 40 respective house of the state legislature may deny access to records or 41 portions thereof that: 42 (a) are specifically exempted from disclosure by state or federal 43 statute; 44 (b) if disclosed would constitute an unwarranted invasion of personal 45 privacy under the provisions of subdivision two of section eighty-nine 46 of this article; 47 (c) if disclosed would impair present or imminent contract awards or 48 collective bargaining negotiations provided, however, that the proposed 49 terms of an agreement between a public employer and an employee organ- 50 ization, as those terms are defined in article fourteen of the civil 51 service law, that require ratification by members of the employee organ- 52 ization or by the public employer, where applicable, or approval of such 53 provisions by the appropriate legislative body as required by section 54 two hundred four-a of the civil service law, shall be made available to 55 the public no later than when such proposed terms are sent to members of 56 the employee organization for ratification, when such terms areS. 1505 137 A. 2005 1 presented to the employer for ratification, where applicable, or when 2 the provisions of such agreement requiring approval by the appropriate 3 legislative body pursuant to section two hundred four-a of the civil 4 service law are submitted to such body, whichever date is earliest. 5 Additionally, a copy of the proposed terms of such agreement shall be 6 placed on the website of the applicable public employer, if such 7 websites exist, and within the local public libraries and offices of 8 such public employer, or in the case of collective bargaining agreements 9 negotiated by the state, on the website of the office of employee 10 relations on such date; 11 (d) are trade secrets or are submitted to an agency or to the respec- 12 tive house of the state legislature by a commercial enterprise or 13 derived from information obtained from a commercial enterprise and which 14 if disclosed would cause substantial injury to the competitive position 15 of the subject enterprise; 16 (e) are compiled for law enforcement purposes and which, if disclosed, 17 would: 18 i. interfere with law enforcement investigations or judicial 19 proceedings; 20 ii. deprive a person of a right to a fair trial or impartial adjudi- 21 cation; 22 iii. identify a confidential source or disclose confidential informa- 23 tion relating to a criminal investigation; or 24 iv. reveal criminal investigative techniques or procedures, except 25 routine techniques and procedures; 26 (f) if disclosed could endanger critical infrastructure or the life or 27 safety of any person; 28 (g) are inter-agency or intra-agency materials which are not: 29 i. statistical or factual tabulations or data; 30 ii. instructions to staff that affect the public; 31 iii. final agency policy or determinations; 32 iv. external audits, including but not limited to audits performed by 33 the comptroller and the federal government; [or] 34 (g-1) are materials exchanged within the state legislature which are 35 not: 36 i. statistical or factual tabulations or data; 37 ii. instructions to staff that affect the public; 38 iii. final policy or determinations of the respective house of the 39 state legislature; 40 iv. external audits, including but not limited to audits performed by 41 the comptroller and the federal government; or 42 (h) are examination questions or answers which are requested prior to 43 the final administration of such questions. 44 (i) if disclosed, would jeopardize the capacity of an agency, the 45 state legislature, or an entity that has shared information with an 46 agency or the state legislature to guarantee the security of its infor- 47 mation technology assets, such assets encompassing both electronic 48 information systems and infrastructures; or 49 (j) are photographs, microphotographs, videotape or other recorded 50 images prepared under authority of section eleven hundred eleven-a of 51 the vehicle and traffic law. 52 (k) are photographs, microphotographs, videotape or other recorded 53 images prepared under authority of section eleven hundred eleven-b of 54 the vehicle and traffic law.S. 1505 138 A. 2005 1 (l) are photographs, microphotographs, videotape or other recorded 2 images produced by a bus lane photo device prepared under authority of 3 section eleven hundred eleven-c of the vehicle and traffic law. 4 (m) are photographs, microphotographs, videotape or other recorded 5 images prepared under the authority of section eleven hundred eighty-b 6 of the vehicle and traffic law. 7 (n) are photographs, microphotographs, videotape or other recorded 8 images prepared under the authority of section eleven hundred eighty-c 9 of the vehicle and traffic law. 10 (n) are photographs, microphotographs, videotape or other recorded 11 images prepared under authority of section eleven hundred eleven-d of 12 the vehicle and traffic law. 13 (o) are photographs, microphotographs, videotape or other recorded 14 images prepared under authority of section eleven hundred eleven-e of 15 the vehicle and traffic law. 16 3. Each agency and respective house of the state legislature shall 17 maintain: 18 (a) a record of the final vote of each member in every agency or state 19 legislature proceeding in which the member votes; 20 (b) a record of votes of each member in every session and every 21 committee and subcommittee meeting in which the member of the senate or 22 assembly votes; 23 [(b)] (c) a record setting forth the name, public office address, 24 title and salary of every officer or employee of the agency or the state 25 legislature; and 26 [(c)] (d) a reasonably detailed current list by subject matter of all 27 records in the possession of the agency or state legislature, whether or 28 not available under this article. Each agency and each respective house 29 of the state legislature shall update its subject matter list annually, 30 and the date of the most recent update shall be conspicuously indicated 31 on the list. [Each] The state legislature and each state agency as 32 defined in subdivision four of this section that maintains a website 33 shall post its current list on its website and such posting shall be 34 linked to the website of the committee on open government. Any such 35 agency or part of the state legislature that does not maintain a website 36 shall arrange to have its list posted on the website of the committee on 37 open government. 38 4. (a) Each state agency or respective house of the state legislature 39 which maintains records containing trade secrets, to which access may be 40 denied pursuant to paragraph (d) of subdivision two of this section, 41 shall promulgate regulations in conformity with the provisions of subdi- 42 vision five of section eighty-nine of this article pertaining to such 43 records, including, but not limited to the following: 44 (1) the manner of identifying the records or parts; 45 (2) the manner of identifying persons within the agency or respective 46 house of the state legislature to whose custody the records or parts 47 will be charged and for whose inspection and study the records will be 48 made available; 49 (3) the manner of safeguarding against any unauthorized access to the 50 records. 51 (b) As used in this subdivision the term "agency" or "state agency" 52 means only a state department, board, bureau, division, council [or], 53 office and any public corporation the majority of whose members are 54 appointed by the governor.S. 1505 139 A. 2005 1 (c) As used in this subdivision the term "state legislature" means the 2 legislature as defined in subdivision two of section eighty-six of this 3 article. 4 (d) Each state agency and respective house of the state legislature 5 that maintains a website shall post information related to this article 6 and article six-A of this chapter on its website. Such information shall 7 include, at a minimum, contact information for the persons from whom 8 records of the agency or respective house of the state legislature may 9 be obtained, the times and places such records are available for 10 inspection and copying, and information on how to request records in 11 person, by mail, and, if the agency or respective house of the state 12 legislature accepts requests for records electronically, by e-mail. This 13 posting shall be linked to the website of the committee on open govern- 14 ment. 15 5. (a) An agency and the respective house of the state legislature 16 shall provide records on the medium requested by a person, if the agency 17 or the respective house of the state legislature can reasonably make 18 such copy or have such copy made by engaging an outside professional 19 service. Records provided in a computer format shall not be encrypted. 20 (b) No agency nor the state legislature shall enter into or renew a 21 contract for the creation or maintenance of records if such contract 22 impairs the right of the public to inspect or copy the agency's or the 23 state legislature's records. 24 6. (a) Each agency and house of the state legislature shall publish, 25 on its internet website, to the extent practicable, records or portions 26 of records that are available to the public pursuant to the provisions 27 of this article, or which, in consideration of their nature, content or 28 subject matter, are determined by the agency or house of the state 29 legislature to be of substantial interest to the public. Any such 30 records may be removed from the internet website when the agency or 31 house of the state legislature determines that they are no longer of 32 substantial interest to the public. Any such records may be removed from 33 the internet website when they have reached the end of their legal 34 retention period. Guidance on creating records in accessible formats and 35 ensuring their continuing accessibility shall be available from the 36 office of information technology services and the state archives. 37 (b) The provisions of paragraph (a) of this subdivision shall not 38 apply to records or portions of records the disclosure of which would 39 constitute an unwarranted invasion of personal privacy in accordance 40 with subdivision two of section eighty-nine of this article. 41 (c) The committee on open government shall promulgate guidelines to 42 effectuate this subdivision. 43 (d) Nothing in this subdivision shall be construed as to limit or 44 abridge the power of an agency or house of the state legislature to 45 publish records on its internet website that are subject to the 46 provisions of this article prior to a written request or prior to a 47 frequent request. 48 § 3. Section 88 of the public officers law is REPEALED. 49 § 4. Section 89 of the public officers law, as added by chapter 933 of 50 the laws of 1977, paragraph (a) of subdivision 1 as amended by chapter 51 33 of the laws of 1984, paragraph (b) of subdivision 1 as amended by 52 chapter 182 of the laws of 2006, subdivision 2 as amended by section 11 53 of part U of chapter 61 of the laws of 2011, subdivision 2-a as added by 54 chapter 652 of the laws of 1983, subdivision 3 as amended by chapter 223 55 of the laws of 2008, paragraph (c) of subdivision 3 as added by chapter 56 47 of the laws of 2018, subdivision 4 as amended by chapter 22 of theS. 1505 140 A. 2005 1 laws of 2005, paragraph (c) of subdivision 4 as amended by chapter 453 2 of the laws of 2017, paragraph (d) of subdivision 4 as added by chapter 3 487 of the laws of 2016, subdivision 5 as added and subdivision 6 as 4 renumbered by chapter 890 of the laws of 1981, paragraph (a) of subdivi- 5 sion 5 as amended by chapter 403 of the laws of 2003, paragraph (d) of 6 subdivision 5 as amended by chapter 339 of the laws of 2004, subdivision 7 7 as added by chapter 783 of the laws of 1983, subdivision 8 as added by 8 chapter 705 of the laws of 1989, and subdivision 9 as added by chapter 9 351 of the laws of 2008, is amended to read as follows: 10 § 89. General provisions relating to access to records; certain cases. 11 The provisions of this section apply to access to all records, except as 12 hereinafter specified: 13 1. (a) The committee on open government is continued and shall consist 14 of the lieutenant governor or the delegate of such officer, the secre- 15 tary of state or the delegate of such officer, whose office shall act as 16 secretariat for the committee, the commissioner of the office of general 17 services or the delegate of such officer, the director of the budget or 18 the delegate of such officer, and seven other persons, none of whom 19 shall hold any other state or local public office except the represen- 20 tative of local governments as set forth herein, to be appointed as 21 follows: five by the governor, at least two of whom are or have been 22 representatives of the news media, one of whom shall be a representative 23 of local government who, at the time of appointment, is serving as a 24 duly elected officer of a local government, one by the temporary presi- 25 dent of the senate, and one by the speaker of the assembly. The persons 26 appointed by the temporary president of the senate and the speaker of 27 the assembly shall be appointed to serve, respectively, until the expi- 28 ration of the terms of office of the temporary president and the speaker 29 to which the temporary president and speaker were elected. The four 30 persons presently serving by appointment of the governor for fixed terms 31 shall continue to serve until the expiration of their respective terms. 32 Thereafter, their respective successors shall be appointed for terms of 33 four years. The member representing local government shall be appointed 34 for a term of four years, so long as such member shall remain a duly 35 elected officer of a local government. The committee shall hold no less 36 than two meetings annually, but may meet at any time. The members of the 37 committee shall be entitled to reimbursement for actual expenses 38 incurred in the discharge of their duties. 39 (b) The committee shall: 40 i. furnish to any agency and to each house of the state legislature 41 advisory guidelines, opinions or other appropriate information regarding 42 this article; 43 ii. furnish to any person advisory opinions or other appropriate 44 information regarding this article; 45 iii. promulgate rules and regulations with respect to the implementa- 46 tion of subdivision one and paragraph (c) of subdivision three of 47 section eighty-seven of this article; 48 iv. request from any agency and from either house of the state legis- 49 lature such assistance, services and information as will enable the 50 committee to effectively carry out its powers and duties; 51 v. develop a form, which shall be made available on the internet, that 52 may be used by the public to request a record; and 53 vi. report on its activities and findings regarding this article and 54 article seven of this chapter, including recommendations for changes in 55 the law, to the governor and the legislature annually, on or before 56 December fifteenth.S. 1505 141 A. 2005 1 2. (a) The committee on [public access to records] open government may 2 promulgate guidelines regarding deletion of identifying details or with- 3 holding of records otherwise available under this article to prevent 4 unwarranted invasions of personal privacy. In the absence of such guide- 5 lines, an agency and the respective house of state legislature may 6 delete identifying details when it makes records available. 7 (b) An unwarranted invasion of personal privacy includes, but shall 8 not be limited to: 9 i. disclosure of employment, medical or credit histories or personal 10 references of applicants for employment; 11 ii. disclosure of items involving the medical or personal records of a 12 client or patient in a medical facility; 13 iii. sale or release of lists of names and addresses if such lists 14 would be used for solicitation or fund-raising purposes; 15 iv. disclosure of information of a personal nature when disclosure 16 would result in economic or personal hardship to the subject party and 17 such information is not relevant to the work of the agency or respective 18 house of the state legislature requesting or maintaining it; 19 v. disclosure of information of a personal nature reported in confi- 20 dence to an agency or to the state legislature and not relevant to the 21 ordinary work of such agency or the state legislature; 22 vi. information of a personal nature contained in a workers' compen- 23 sation record, except as provided by section one hundred ten-a of the 24 workers' compensation law; [or] 25 vii. disclosure of electronic contact information, such as an e-mail 26 address or a social network username, that has been collected from a 27 taxpayer under section one hundred four of the real property tax law; or 28 viii. disclosure of communications of a personal nature between legis- 29 lators and their constituents. 30 (c) Unless otherwise provided by this article, disclosure shall not be 31 construed to constitute an unwarranted invasion of personal privacy 32 pursuant to paragraphs (a) and (b) of this subdivision: 33 i. when identifying details are deleted; 34 ii. when the person to whom a record pertains consents in writing to 35 disclosure; 36 iii. when upon presenting reasonable proof of identity, a person seeks 37 access to records pertaining to him or her; or 38 iv. when a record or group of records relates to the right, title or 39 interest in real property, or relates to the inventory, status or char- 40 acteristics of real property, in which case disclosure and providing 41 copies of such record or group of records shall not be deemed an unwar- 42 ranted invasion of personal privacy, provided that nothing herein shall 43 be construed to authorize the disclosure of electronic contact informa- 44 tion, such as an e-mail address or a social network username, that has 45 been collected from a taxpayer under section one hundred four of the 46 real property tax law. 47 2-a. Nothing in this article shall permit disclosure which constitutes 48 an unwarranted invasion of personal privacy as defined in subdivision 49 two of this section if such disclosure is prohibited under section nine- 50 ty-six of this chapter. 51 3. (a) Each entity subject to the provisions of this article, within 52 five business days of the receipt of a written request for a record 53 reasonably described, shall make such record available to the person 54 requesting it, deny such request in writing or furnish a written 55 acknowledgement of the receipt of such request and a statement of the 56 approximate date, which shall be reasonable under the circumstances ofS. 1505 142 A. 2005 1 the request, when such request will be granted or denied, including, 2 where appropriate, a statement that access to the record will be deter- 3 mined in accordance with subdivision five of this section. [An] Neither 4 an agency nor the state legislature shall [not] deny a request on the 5 basis that the request is voluminous or that locating or reviewing the 6 requested records or providing the requested copies is burdensome 7 because the agency or respective house of the state legislature lacks 8 sufficient staffing or on any other basis if the agency or respective 9 house of the state legislature may engage an outside professional 10 service to provide copying, programming or other services required to 11 provide the copy, the costs of which the agency may recover pursuant to 12 paragraph (c) of subdivision one of section eighty-seven of this arti- 13 cle. An agency or respective house of the state legislature may require 14 a person requesting lists of names and addresses to provide a written 15 certification that such person will not use such lists of names and 16 addresses for solicitation or fund-raising purposes and will not sell, 17 give or otherwise make available such lists of names and addresses to 18 any other person for the purpose of allowing that person to use such 19 lists of names and addresses for solicitation or fund-raising purposes. 20 If an agency or respective house of the state legislature determines to 21 grant a request in whole or in part, and if circumstances prevent 22 disclosure to the person requesting the record or records within twenty 23 business days from the date of the acknowledgement of the receipt of the 24 request, the agency or respective house of the state legislature shall 25 state, in writing, both the reason for the inability to grant the 26 request within twenty business days and a date certain within a reason- 27 able period, depending on the circumstances, when the request will be 28 granted in whole or in part. Upon payment of, or offer to pay, the fee 29 prescribed therefor, the entity shall provide a copy of such record and 30 certify to the correctness of such copy if so requested, or as the case 31 may be, shall certify that it does not have possession of such record or 32 that such record cannot be found after diligent search. Nothing in this 33 article shall be construed to require any entity to prepare any record 34 not possessed or maintained by such entity except the records specified 35 in subdivision three of section eighty-seven [and subdivision three of36section eighty-eight] of this article. When an agency or the respective 37 house of the state legislature has the ability to retrieve or extract a 38 record or data maintained in a computer storage system with reasonable 39 effort, it shall be required to do so. When doing so requires less 40 employee time than engaging in manual retrieval or redactions from non- 41 electronic records, the agency and respective house of the state legis- 42 lature shall be required to retrieve or extract such record or data 43 electronically. Any programming necessary to retrieve a record main- 44 tained in a computer storage system and to transfer that record to the 45 medium requested by a person or to allow the transferred record to be 46 read or printed shall not be deemed to be the preparation or creation of 47 a new record. 48 (b) All entities shall, provided such entity has reasonable means 49 available, accept requests for records submitted in the form of elec- 50 tronic mail and shall respond to such requests by electronic mail, using 51 forms, to the extent practicable, consistent with the form or forms 52 developed by the committee on open government pursuant to subdivision 53 one of this section and provided that the written requests do not seek a 54 response in some other form.S. 1505 143 A. 2005 1 (c) Each state agency, as defined in subdivision five of this section, 2 that maintains a website shall ensure its website provides for the 3 online submission of a request for records pursuant to this article. 4 4. (a) Except as provided in subdivision five of this section, any 5 person denied access to a record may within thirty days appeal in writ- 6 ing such denial to the head, chief executive or governing body of the 7 entity, or the person therefor designated by such head, chief executive, 8 or governing body, who shall within ten business days of the receipt of 9 such appeal fully explain in writing to the person requesting the record 10 the reasons for further denial, or provide access to the record sought. 11 In addition, each agency or the respective house of the state legisla- 12 ture shall immediately forward to the committee on open government a 13 copy of such appeal when received by the agency or such house and the 14 ensuing determination thereon. Failure by an agency or respective house 15 of the state legislature to conform to the provisions of subdivision 16 three of this section shall constitute a denial. 17 (b) Except as provided in subdivision five of this section, a person 18 denied access to a record in an appeal determination under the 19 provisions of paragraph (a) of this subdivision may bring a proceeding 20 for review of such denial pursuant to article seventy-eight of the civil 21 practice law and rules. In the event that access to any record is denied 22 pursuant to the provisions of subdivision two of section eighty-seven of 23 this article, the agency or respective house of the state legislature 24 involved shall have the burden of proving that such record falls within 25 the provisions of such subdivision two. Failure by an agency or respec- 26 tive house of the state legislature to conform to the provisions of 27 paragraph (a) of this subdivision shall constitute a denial. 28 (c) The court in such a proceeding: (i) may assess, against such agen- 29 cy involved, reasonable attorney's fees and other litigation costs 30 reasonably incurred by such person in any case under the provisions of 31 this section in which such person has substantially prevailed, and when 32 the agency failed to respond to a request or appeal within the statutory 33 time; and (ii) shall assess, against such agency involved, reasonable 34 attorney's fees and other litigation costs reasonably incurred by such 35 person in any case under the provisions of this section in which such 36 person has substantially prevailed and the court finds that the agency 37 had no reasonable basis for denying access. 38 (d) (i) Appeal to the appellate division of the supreme court must be 39 made in accordance with subdivision (a) of section fifty-five hundred 40 thirteen of the civil practice law and rules. 41 (ii) An appeal from an agency or respective house of the state legis- 42 lature taken from an order of the court requiring disclosure of any of 43 all records sought: 44 (A) shall be given preference; 45 (B) shall be brought on for argument on such terms and conditions as 46 the presiding justice may direct, upon application of any party to the 47 proceedings; and 48 (C) shall be deemed abandoned if the agency or respective house of the 49 state legislature fails to serve and file a record and brief within 50 sixty days after the date of service upon the petitioner of the notice 51 of appeal, unless consent to further extension is given by all parties, 52 or unless further extension is granted by the court upon such terms as 53 may be just and upon good cause shown. 54 5. (a) (1) A person acting pursuant to law or regulation who, subse- 55 quent to the effective date of this subdivision, submits any information 56 to any state agency or to the respective house of the state legislatureS. 1505 144 A. 2005 1 may, at the time of submission, request that the agency or such house 2 provisionally except such information from disclosure under paragraph 3 (d) of subdivision two of section eighty-seven of this article. Where 4 the request itself contains information which if disclosed would defeat 5 the purpose for which the exception is sought, such information shall 6 also be provisionally excepted from disclosure. 7 (1-a) A person or entity who submits or otherwise makes available any 8 records to any agency or a house of the state legislature, may, at any 9 time, identify those records or portions thereof that may contain crit- 10 ical infrastructure information, and request that the agency or house of 11 the state legislature that maintains such records except such informa- 12 tion from disclosure under subdivision two of section eighty-seven of 13 this article. Where the request itself contains information which if 14 disclosed would defeat the purpose for which the exception is sought, 15 such information shall also be provisionally excepted from disclosure. 16 (2) The request for an exception shall be in writing, shall specif- 17 ically identify which portions of the record are the subject of the 18 request for exception and shall state the reasons why the information 19 should be provisionally excepted from disclosure. Any such request for 20 an exception shall be effective for a five-year period from the agency's 21 or respective house of the state legislature's receipt thereof. 22 Provided, however, that not less than sixty days prior to the expiration 23 of the then current term of the exception request, the submitter may 24 apply to the agency or respective house of the state legislature for a 25 two-year extension of its exception request. Upon timely receipt of a 26 request for an extension of an exception request, an agency or respec- 27 tive house of the state legislature may either (A) perform a cursory 28 review of the application and grant the extension should it find any 29 justification for such determination, or (B) commence the procedure set 30 forth in paragraph (b) of this subdivision to make a final determination 31 granting or terminating such exception. 32 (3) Information submitted as provided in subparagraphs one and one-a 33 of this paragraph shall be provisionally excepted from disclosure and be 34 maintained apart by the agency and the respective house of the state 35 legislature from all other records until the expiration of the submit- 36 ter's exception request or fifteen days after the entitlement to such 37 exception has been finally determined or such further time as ordered by 38 a court of competent jurisdiction. 39 (b) [On the] During the effective period of an exception request under 40 this subdivision, on the initiative of the agency or either house of the 41 state legislature at any time, or upon the request of any person for a 42 record excepted from disclosure pursuant to this subdivision, the agency 43 or respective house of the state legislature shall: 44 (1) inform the person who requested the exception of the agency's or 45 such house's intention to determine whether such exception should be 46 granted or continued; 47 (2) permit the person who requested the exception, within ten business 48 days of receipt of notification from the agency or respective house of 49 the state legislature, to submit a written statement of the necessity 50 for the granting or continuation of such exception; 51 (3) within seven business days of receipt of such written statement, 52 or within seven business days of the expiration of the period prescribed 53 for submission of such statement, issue a written determination grant- 54 ing, continuing or terminating such exception and stating the reasons 55 therefor; copies of such determination shall be served upon the person,S. 1505 145 A. 2005 1 if any, requesting the record, the person who requested the exception, 2 and the committee on [public access to records] open government. 3 (c) A denial of an exception from disclosure under paragraph (b) of 4 this subdivision may be appealed by the person submitting the informa- 5 tion and a denial of access to the record may be appealed by the person 6 requesting the record in accordance with this subdivision: 7 (1) Within seven business days of receipt of written notice denying 8 the request, the person may file a written appeal from the determination 9 of the agency or the respective house of the state legislature with the 10 head of the agency or respective house of the state legislature, the 11 chief executive officer or governing body or their designated represen- 12 tatives. 13 (2) The appeal shall be determined within ten business days of the 14 receipt of the appeal. Written notice of the determination shall be 15 served upon the person, if any, requesting the record, the person who 16 requested the exception and the committee on [public access to records] 17 open government. The notice shall contain a statement of the reasons for 18 the determination. 19 (d) A proceeding to review an adverse determination pursuant to para- 20 graph (c) of this subdivision may be commenced pursuant to article 21 seventy-eight of the civil practice law and rules. Such proceeding, when 22 brought by a person seeking an exception from disclosure pursuant to 23 this subdivision, must be commenced within fifteen days of the service 24 of the written notice containing the adverse determination provided for 25 in subparagraph two of paragraph (c) of this subdivision. The proceeding 26 shall be given preference and shall be brought on for argument on such 27 terms and conditions as the presiding justice may direct, not to exceed 28 forty-five days. Appeal to the appellate division of the supreme court 29 must be made in accordance with law, and must be filed within fifteen 30 days after service by a party upon the appellant of a copy of the judg- 31 ment or order appealed from and written notice of its entry. An appeal 32 taken from an order of the court requiring disclosure shall be given 33 preference and shall be brought on for argument on such terms and condi- 34 tions as the presiding justice may direct, not to exceed sixty days. 35 This action shall be deemed abandoned when the party requesting an 36 exclusion from disclosure fails to serve and file a record and brief 37 within thirty days after the date of the notice of appeal. Failure by 38 the party requesting an exclusion from disclosure to serve and file a 39 record and brief within the allotted time shall result in the dismissal 40 of the appeal. 41 (e) The person requesting an exception from disclosure pursuant to 42 this subdivision shall in all proceedings have the burden of proving 43 entitlement to the exception. 44 (f) Where the agency or the respective house of the state legislature 45 denies access to a record pursuant to paragraph [(d) of] (b) of this 46 subdivision in conjunction with subdivision two of section eighty-seven 47 of this article, the agency or respective house of the state legislature 48 shall have the burden of proving that the record falls within the 49 provisions of such exception. 50 (g) Nothing in this subdivision shall be construed to deny any person 51 access, pursuant to the remaining provisions of this article, to any 52 record or part excepted from disclosure upon the express written consent 53 of the person who had requested the exception. 54 (h) As used in this subdivision the term "agency" or "state agency" 55 means only a state department, board, bureau, division, council orS. 1505 146 A. 2005 1 office and any public corporation the majority of whose members are 2 appointed by the governor. 3 (i) As used in this subdivision the term "state legislature" means the 4 legislature as defined in subdivision two of section eighty-six of this 5 article. 6 6. Nothing in this article shall be construed to limit or abridge any 7 otherwise available right of access at law or in equity of any party to 8 records. 9 7. Nothing in this article shall require the disclosure of the home 10 address of an officer or employee, former officer or employee, or of a 11 retiree of a public employees' retirement system; nor shall anything in 12 this article require the disclosure of the name or home address of a 13 beneficiary of a public employees' retirement system or of an applicant 14 for appointment to public employment; provided however, that nothing in 15 this subdivision shall limit or abridge the right of an employee organ- 16 ization, certified or recognized for any collective negotiating unit of 17 an employer pursuant to article fourteen of the civil service law, to 18 obtain the name or home address of any officer, employee or retiree of 19 such employer, if such name or home address is otherwise available under 20 this article. 21 8. Any person who, with intent to prevent the public inspection of a 22 record pursuant to this article, willfully conceals or destroys any such 23 record shall be guilty of a violation. 24 9. When records maintained electronically include items of information 25 that would be available under this article, as well as items of informa- 26 tion that may be withheld, an agency or respective house of the state 27 legislature in designing its information retrieval methods, whenever 28 practicable and reasonable, shall do so in a manner that permits the 29 segregation and retrieval of available items in order to provide maximum 30 public access. 31 § 5. Subdivisions (t) and (u) of section 105 of the civil practice law 32 and rules, subdivision (u) as relettered by chapter 100 of the laws of 33 1994, are relettered subdivisions (u) and (v) and a new subdivision (t) 34 is added to read as follows: 35 (t) "State legislature" means the New York state senate, New York 36 state assembly, any committee, subcommittee, joint committee, select 37 committee, or commission thereof, and any members, officers, represen- 38 tatives and employees thereof. 39 § 6. Subdivision (a) of section 7802 of the civil practice law and 40 rules is amended to read as follows: 41 (a) Definition of "body or officer". The expression "body or officer" 42 includes every court, tribunal, board, corporation, officer, state 43 legislature, or other person, or aggregation of persons, whose action 44 may be affected by a proceeding under this article. 45 § 7. Subdivision 3 of section 713 of the executive law, as amended by 46 section 16 of part B of chapter 56 of the laws of 2010, is amended to 47 read as follows: 48 3. Any reports prepared pursuant to this article shall not be subject 49 to disclosure pursuant to [section eighty-eight] article six of the 50 public officers law. 51 § 8. Section 70-0113 of the environmental conservation law is 52 REPEALED. 53 § 9. Subdivision 4 of section 308 of the county law is REPEALED. 54 § 10. This act shall take effect immediately; provided however that 55 the amendments to paragraphs (j), (k), (l), (m), (n), (n) and (o) of 56 subdivision 2 of section 87 of the public officers law made by sectionS. 1505 147 A. 2005 1 two of this act shall not affect the repeal of such paragraphs and shall 2 be deemed repealed therewith. 3 PART CC 4 Section 1. Section 13-b of the workers' compensation law, as amended 5 by chapter 1068 of the laws of 1960, the section heading, subdivisions 1 6 and 2 as amended by chapter 473 of the laws of 2000 and subdivision 3 as 7 amended by section 85 of part A of chapter 58 of the laws of 2010, is 8 amended to read as follows: 9 § 13-b. Authorization of [physicians] providers, medical bureaus and 10 laboratories by the chair. 1. [Upon the recommendation of the medical11society of the county in which the physician's office is located or of a12board designated by such county society or of a board representing duly13licensed physicians of any other school of medical practice in such14county, the chair may authorize physicians licensed to practice medicine15in the state of New York to render medical care under this chapter and16to perform independent medical examinations in accordance with subdivi-17sion four of section thirteen-a of this article. If, within sixty days18after the chair requests such recommendations the medical society of19such county or board fails to act, or if there is no such society in20such county, the chair shall designate a board of three outstanding21physicians, who shall make the requisite recommendations.22No such authorization shall be made in the absence of a recommendation23of the appropriate society or board or of a review and recommendation by24the medical appeals unit.] No person shall render medical care or 25 conduct independent medical examinations under this chapter without such 26 authorization by the chair[, provided, that: (a)]. As used in this 27 title, the following definitions shall have the following meanings 28 unless their context requires otherwise: 29 (a) "Acupuncturist" shall mean licensed as having completed a formal 30 course of study and having passed an examination in accordance with the 31 education law, the regulations of the commissioner of education, and the 32 requirements of the board of regents. Acupuncturists are required by the 33 education law to advise, in writing, each patient of the importance of 34 consulting with a physician for the condition or conditions necessitat- 35 ing acupuncture care, as prescribed by the education law. 36 (b) "Chair" of the board shall mean either the chair or the chair's 37 designee. 38 (c) "Chiropractor" shall mean licensed and having completed two years 39 of preprofessional college study and a four-year resident program in 40 chiropractic in accordance with the education law, and consistent with 41 the licensing requirements of the commissioner of education. 42 (d) "Dentist" shall mean licensed and having completed a four-year 43 course of study leading to a D.D.S. or D.D.M. degree, or an equivalent 44 degree, in accordance with the education law and the licensing require- 45 ments of the commissioner of education. 46 (e) "Employer" shall mean a self-insured employer or, if insured, the 47 insurance carrier. 48 (f) "Independent medical examination" shall mean an examination 49 performed by a medical provider, authorized under this section to 50 perform such examination, for the purpose of examining or evaluating 51 injury or illness pursuant to paragraph (b) of subdivision four of 52 section thirteen-a and section one hundred thirty-seven of this chapter 53 and as more fully set forth in regulation.S. 1505 148 A. 2005 1 (g) "Nurse practitioner" shall mean a licensed registered professional 2 nurse certified pursuant to section sixty-nine hundred ten of the educa- 3 tion law. 4 (h) "Occupational therapist" shall mean licensed as having a bach- 5 elor's or master's degree in occupational therapy from a registered 6 program with the education department or receipt of a diploma or degree 7 resulting from completion of not less than four years of postsecondary 8 study, which includes the professional study of occupational therapy in 9 accordance with the education law and the regulations of the commission- 10 er of education. 11 (i) "Physical therapist" shall mean licensed as having completed a 12 master's degree or higher in physical therapy in accordance with the 13 education law and the licensing requirements of the commissioner of 14 education. 15 (j) "Physician" shall mean licensed with a degree of doctor of medi- 16 cine, M.D., or doctor of osteopathic medicine, D.O., or an equivalent 17 degree in accordance with the education law and the licensing require- 18 ments of the state board of medicine and the regulations of the commis- 19 sioner of education. 20 (k) "Physician assistant" shall mean a licensed provider who has grad- 21 uated from a two- to four-year state-approved physician assistant 22 program, has passed a licensing examination, and whose actions and 23 duties are within the scope of practice of the supervising physician, in 24 accordance with the education law and the regulations of the commission- 25 er of education. 26 (l) "Podiatrist" shall mean a doctor of podiatric medicine licensed as 27 having received a doctoral degree in podiatric medicine in accordance 28 with the regulations of the commissioner of education and the education 29 law, and must satisfactorily meet all other requirements of the state 30 board for podiatric medicine. 31 (m) "Provider" shall mean a duly licensed acupuncturist, chiropractor, 32 independent medical examiner, nurse practitioner, physical therapist, 33 physician, physician assistant, podiatrist, psychologist, or social 34 worker authorized by the chair. 35 (n) "Psychologist" shall mean licensed as having received a doctoral 36 degree in psychology from a program of psychology registered with the 37 state education department or the substantial equivalent thereof in 38 accordance with the education law, the requirements of the state board 39 for psychology, and the regulations of the commissioner of education. 40 (o) "Social worker" shall mean a licensed clinical social worker. A 41 licensed clinical social worker has completed a master's degree of 42 social work that includes completion of a core curriculum of at least 43 twelve credit hours of clinical courses or the equivalent post-graduate 44 clinical coursework, in accordance with the education law and the regu- 45 lations of the commissioner of education. 46 2. Any [physician] provider licensed [to practice medicine] pursuant 47 to the education law to provide medical care and treatment in the state 48 of New York may render emergency [medical] care and treatment in an 49 emergency hospital or urgent care setting providing emergency treatment 50 under this chapter without authorization by the chair under this 51 section; [and52(b)] (a) Such licensed [physician] provider as identified in this 53 subdivision who is [a member of a constituted medical staff of any54hospital] on staff at any hospital or urgent care center providing emer- 55 gency treatment may [render] continue such medical care under this chap-S. 1505 149 A. 2005 1 ter while an injured employee remains a patient in such hospital or 2 urgent care setting; and 3 [(c)] (b) Under the [active and personal] direct supervision of an 4 authorized [physician] provider, medical care may be rendered by a 5 registered nurse or other person trained in laboratory or diagnostic 6 techniques within the scope of such person's specialized training and 7 qualifications. This supervision shall be evidenced by signed records of 8 instructions for treatment and signed records of the patient's condition 9 and progress. Reports of such treatment and supervision shall be made by 10 such [physician] provider to the chair [on such forms and] in the format 11 prescribed by the chair at such times as the chair may require. 12 [(d) Upon the referral which may be directive as to treatment of an13authorized physician physical therapy care may be rendered by a duly14licensed physical therapist. Where physical therapy care is rendered15records of the patient's condition and progress, together with records16of instruction for treatment, if any, shall be maintained by the phys-17ical therapist and physician. Said records shall be submitted to the18chair on such forms and at such times as the chair may require.19(e) Upon the prescription or referral of an authorized physician occu-20pational therapy care may be rendered by a duly licensed occupational21therapist. Where occupational therapy care is rendered records of the22patient's condition and progress, together with records of instruction23for treatment, if any shall be maintained by the occupational therapist24and physician. Said records shall be submitted to the chair on forms and25at such times as the chair may require.26(f)] (c) Where it would place an unreasonable burden upon the employer 27 or carrier to arrange for, or for the claimant to attend, an independent 28 medical examination by an authorized [physician] provider, the employer 29 or carrier shall arrange for such examination to be performed by a qual- 30 ified [physician] provider in a medical facility convenient to the 31 claimant. 32 [2.] (d) Upon the prescription or referral of an authorized physician, 33 or nurse practitioner acting within the scope of his or her practice, 34 care or treatment may be rendered to an injured employee by an author- 35 ized physical therapist, occupational therapist or acupuncturist 36 provided the conditions and the treatment performed are among the condi- 37 tions that the physical therapist, occupational therapist or acupunctu- 38 rist is authorized to treat pursuant to the education law or the regu- 39 lations of the commissioner of education. Where any such care or 40 treatment is rendered, records of the patient's condition and progress, 41 together with records of instruction for treatment, if any, shall be 42 maintained by the physical therapist, occupational therapist or acupunc- 43 turist rendering treatment and by the referring physician or nurse prac- 44 titioner. Said records shall be submitted to the chair on forms and at 45 such times as the chair may require. 46 (e) A record, report or opinion of a physical therapist, occupational 47 therapist, acupuncturist or physician assistant shall not be considered 48 as evidence of the causal relationship of any condition to a work 49 related accident or occupational disease under this chapter. Nor may a 50 record, report or opinion of a physical therapist, occupational thera- 51 pist or acupuncturist be considered evidence of disability. Nor may a 52 record, report or opinion of a physician assistant be considered 53 evidence of the presence of a permanent or initial disability or the 54 degree thereof. Nor may a physical therapist, occupational therapist, 55 acupuncturist or physician assistant perform an independent medical 56 examination concerning a claim under this chapter.S. 1505 150 A. 2005 1 (f) A nurse practitioner, or licensed clinical social worker, may 2 perform an independent medical examination on behalf of an employer only 3 to the extent that the examination concerns treatment rendered by an 4 identical provider type, but may not perform an independent medical 5 examination on behalf of the employer concerning (1) the causal 6 relationship of any condition to a work related accident or occupational 7 disease under this chapter or (2) the presence of a disability or the 8 degree thereof. 9 3. A [physician licensed to practice medicine in the state of New York10who is] provider properly licensed or certified pursuant to the regu- 11 lations of the commissioner of education and the requirements of the 12 education law desirous of being authorized to render medical care under 13 this chapter and/or to conduct independent medical examinations in 14 accordance with paragraph (b) of subdivision four of section thirteen-a 15 and section one hundred thirty-seven of this chapter shall file an 16 application for authorization under this chapter with the [medical soci-17ety in the county in which his or her office is located, or with a board18designated by such society, or with a board designated by the chair as19provided in this section. In such application the applicant shall state20his or her training and qualifications, and shall agree to limit his or21her professional activities under this chapter to such medical care and22independent medical examinations, as his or her experience and training23qualify him or her to render. The applicant shall further agree to24refrain] chair or chair's designee. Prior to receiving authorization, a 25 physician must, together with submission of an application to the chair, 26 submit such application to the medical society of the county in which 27 the physician's office is located or of a board designated by such coun- 28 ty society or of a board representing duly licensed physicians of any 29 other school of medical practice in such county, and submit the recom- 30 mendation to the board. In the event such county society or board fails 31 to take action upon a physician's application within forty-five days, 32 the chair may complete review of the application without such approval. 33 Upon approval of the application by the chair or the chair's designee, 34 the applicant shall further agree to refrain from subsequently treating 35 for remuneration, as a private patient, any person seeking medical 36 treatment, or submitting to an independent medical examination, in 37 connection with, or as a result of, any injury compensable under this 38 chapter, if he or she has been removed from the list of [physicians] 39 providers authorized to render medical care or to conduct independent 40 medical examinations under this chapter, or if the person seeking such 41 treatment, or submitting to an independent medical examination, has been 42 transferred from his or her care in accordance with the provisions of 43 this chapter. This agreement shall run to the benefit of the injured 44 person so treated or examined, and shall be available to him or her as a 45 defense in any action by such [physician] provider for payment for 46 treatment rendered by a [physician] provider after he or she has been 47 removed from the list of [physicians] providers authorized to render 48 medical care or to conduct independent medical examinations under this 49 chapter, or after the injured person was transferred from his or her 50 care in accordance with the provisions of this chapter. [The medical51society or the board designated by it, or the board as otherwise52provided under this section, if it deems such licensed physician duly53qualified, shall recommend to the chair that such physician be author-54ized to render medical care and/or conduct independent medical examina-55tions under this chapter, and such recommendation and authorization56shall specify the character of the medical care or independent medicalS. 1505 151 A. 2005 1examination which such physician is qualified and authorized to render2under this chapter. Such recommendations shall be advisory to the chair3only and shall not be binding or conclusive upon him or her. The4licensed physician may present to the medical society or board,5evidences of additional qualifications at any time subsequent to his or6her original application. If the medical society or board fails to7recommend to the chair that a physician be authorized to render medical8care and/or to conduct independent medical examinations under this chap-9ter, the physician may appeal to the medical appeals unit. The medical10society or the board designated by it, or the board as otherwise11provided under this section, may upon its own initiative, or shall upon12request of the chair, review at any time the qualifications of any13physician as to the character of the medical care or independent medical14examinations which such physician has theretofore been authorized to15render under this chapter and may recommend to the chair that such16physician be authorized to render medical care or to conduct independent17medical examinations thereafter of the character which such physician is18then qualified to render. On such advisory recommendation the chair may19review and after reasonable investigation may revise the authorization20of a physician in respect to the character of medical care and/or to21conduct independent medical examinations which he or she is authorized22to render. If the medical society or board recommends to the chair that23a physician be authorized to render medical care and/or to conduct inde-24pendent medical examinations under this chapter of a character different25from the character of medical care or independent medical examinations26he or she has been theretofore authorized to render, such physician may27appeal from such recommendation to the medical appeals unit.283.] 4. Laboratories and bureaus engaged in x-ray diagnosis or treat- 29 ment or in physiotherapy or other therapeutic procedures and which 30 participate in the diagnosis or treatment of injured [workmen] workers 31 under this chapter shall be operated or supervised by [qualified physi-32cians duly] providers authorized under this chapter and shall be subject 33 to the provisions of section thirteen-c of this article. The person in 34 charge of diagnostic clinical laboratories duly authorized under this 35 chapter shall possess the qualifications established by the public 36 health and health planning council for approval by the state commission- 37 er of health or, in the city of New York, the qualifications approved by 38 the board of health of said city and shall maintain the standards of 39 work required for such approval. 40 § 2. Section 13-d of the workers' compensation law, as amended by 41 chapter 459 of the laws of 1944, the section heading, subdivision 1 and 42 subdivision 2 as amended by chapter 473 of the laws of 2000, paragraphs 43 (a) and (b) of subdivision 2 as amended and subdivision 5 as added by 44 chapter 6 of the laws of 2007, subdivision 4 as amended by chapter 1068 45 of the laws of 1960, is amended to read as follows: 46 § 13-d. Removal of [physicians] providers from lists of those author- 47 ized to render medical care or to conduct independent medical examina- 48 tions. 1. The medical society of the county in which the physician's 49 office is located at the time or a board designated by such county soci- 50 ety or a board representing duly licensed physicians of any other school 51 of medical practice in such county shall investigate, hear and make 52 findings with respect to all charges as to professional or other miscon- 53 duct of any authorized physician as herein provided under rules and 54 procedure to be prescribed by the medical appeals unit, and shall report 55 evidence of such misconduct, with their findings and recommendation with 56 respect thereto, to the chair. Failure to commence such investigationS. 1505 152 A. 2005 1 within sixty days from the date the charges are referred to the society 2 by the chair or submit findings and recommendations relating to the 3 charges within one hundred eighty days from the date the charges are 4 referred shall empower the chair to appoint, as a hearing officer, a 5 member of the board, employee, or other qualified hearing officer to 6 hear and report on the charges to the chair. A qualified hearing offi- 7 cer, who is neither a member of the board, or employee thereof shall be 8 paid at a reasonable per diem rate to be fixed by the chair. 9 Such investigation, hearing, findings, recommendation and report may 10 be made by the society or board of an adjoining county upon the request 11 of the medical society of the county in which the alleged misconduct or 12 infraction of this chapter occurred, subject to the time limit and 13 conditions set forth herein. The medical appeals unit shall review the 14 findings and recommendation of such medical society or board, or hearing 15 officer appointed by the chair upon application of the accused physician 16 and may reopen the matter and receive further evidence. The findings, 17 decision and recommendation of such society, board or hearing officer 18 appointed by the chair or medical appeals unit shall be advisory to the 19 chair only, and shall not be binding or conclusive upon him or her. 20 2. The chair shall remove from the list of [physicians] providers 21 authorized to render medical care under this chapter, or to conduct 22 independent medical examinations in accordance with paragraph (b) of 23 subdivision four of section thirteen-a of this article, the name of any 24 [physician] provider who he or she shall find after reasonable investi- 25 gation is disqualified because such [physician] provider: 26 (a) has been guilty of professional or other misconduct or incompeten- 27 cy in connection with rendering medical services under the law; or 28 (b) has exceeded the limits of his or her professional competence in 29 rendering medical care or in conducting independent medical examinations 30 under the law, or has made materially false statements regarding his or 31 her qualifications in his or her application for the recommendation of 32 the medical society or board as provided in section thirteen-b of this 33 article; or 34 (c) has failed to transmit copies of medical reports to claimant's 35 attorney or licensed representative as provided in subdivision (f) of 36 section thirteen of this article; or has failed to submit full and 37 truthful medical reports of all his or her findings to the employer, and 38 directly to the chair or the board within the time limits provided in 39 subdivision four of section thirteen-a of this article with the excep- 40 tion of injuries which do not require (1) more than ordinary first aid 41 or more than two treatments by a [physician] provider or person render- 42 ing first aid, or (2) loss of time from regular duties of one day beyond 43 the working day or shift; or 44 (d) knowingly made a false statement or representation as to a materi- 45 al fact in any medical report made pursuant to this chapter or in testi- 46 fying or otherwise providing information for the purposes of this chap- 47 ter; or 48 (e) has solicited, or has employed another to solicit for himself or 49 herself or for another, professional treatment, examination or care of 50 an injured employee in connection with any claim under this chapter; or 51 (f) has refused to appear before, to testify, to submit to a deposi- 52 tion, or to answer upon request of, the chair, board, medical appeals 53 unit or any duly authorized officer of the state, any legal question, or 54 to produce any relevant book or paper concerning his or her conduct 55 under any authorization granted to him or her under this chapter; orS. 1505 153 A. 2005 1 (g) has directly or indirectly requested, received or participated in 2 the division, transference, assignment, rebating, splitting or refunding 3 of a fee for, or has directly or indirectly requested, received or prof- 4 ited by means of a credit or other valuable consideration as a commis- 5 sion, discount or gratuity in connection with the furnishing of medical 6 or surgical care, an independent medical examination, diagnosis or 7 treatment or service, including X-ray examination and treatment, or for 8 or in connection with the sale, rental, supplying or furnishing of clin- 9 ical laboratory services or supplies, X-ray laboratory services or 10 supplies, inhalation therapy service or equipment, ambulance service, 11 hospital or medical supplies, physiotherapy or other therapeutic service 12 or equipment, artificial limbs, teeth or eyes, orthopedic or surgical 13 appliances or supplies, optical appliances, supplies or equipment, 14 devices for aid of hearing, drugs, medication or medical supplies, or 15 any other goods, services or supplies prescribed for medical diagnosis, 16 care or treatment, under this chapter; except that reasonable payment, 17 not exceeding the technical component fee permitted in the medical fee 18 schedule, established under this chapter for X-ray examinations, diagno- 19 sis or treatment, may be made by a [physician] provider duly authorized 20 as a roentgenologist to any hospital furnishing facilities and equipment 21 for such examination, diagnosis or treatment, provided such hospital 22 does not also submit a charge for the same services. Nothing contained 23 in this paragraph shall prohibit such [physicians] providers who prac- 24 tice as partners, in groups or as a professional corporation or as a 25 university faculty practice corporation from pooling fees and moneys 26 received, either by the partnership, professional corporation, universi- 27 ty faculty practice corporation or group by the individual members ther- 28 eof, for professional services furnished by any individual professional 29 member, or employee of such partnership, corporation or group, nor shall 30 the professionals constituting the partnerships, corporations, or groups 31 be prohibited from sharing, dividing or apportioning the fees and moneys 32 received by them or by the partnership, corporation or group in accord- 33 ance with a partnership or other agreement. 34 3. Any person who violates or attempts to violate, and any person who 35 aids another to violate or attempts to induce him or her to violate the 36 provisions of paragraph (g) of subdivision two of this section shall be 37 guilty of a misdemeanor. 38 4. Nothing in this section shall be construed as limiting in any 39 respect the power or duty of the [chairman] chair to investigate 40 instances of misconduct, either before or after investigation by a 41 medical society or board as herein provided, or to temporarily suspend 42 the authorization of any [physician] provider that he or she may believe 43 to be guilty of such misconduct. 44 5. Whenever the department of health or the department of education 45 shall conduct an investigation with respect to charges of professional 46 or other misconduct by a [physician] provider which results in a report, 47 determination or consent order that includes a finding of professional 48 or other misconduct or incompetency by such [physician] provider, the 49 chair shall have full power and authority to temporarily suspend, revoke 50 or otherwise limit the authorization under this chapter of any [physi-51cian] provider upon such finding by the department of health or the 52 department of education that the [physician] provider has been guilty of 53 professional or other misconduct. The recommendations of the department 54 of health or the department of education shall be advisory to the chair 55 only and shall not be binding or conclusive upon the chair.S. 1505 154 A. 2005 1 § 3. Section 13-g of the workers' compensation law, as added by chap- 2 ter 258 of the laws of 1935, subdivision 1 as amended by chapter 674 of 3 the laws of 1994, subdivisions 2 and 3 as amended by section 4 of part 4 GG of chapter 57 of the laws of 2013, subdivision 4 as amended by 5 section 3 of part D of chapter 55 of the laws of 2015, subdivision 5 as 6 amended by chapter 578 of the laws of 1959 and subdivision 6 as amended 7 by chapter 639 of the laws of 1996, is amended to read as follows: 8 § 13-g. Payment of bills for medical care. (1) Within forty-five days 9 after a bill for medical care or supplies delivered pursuant to section 10 thirteen of this article has been rendered to the employer [by the11hospital, physician or self-employed physical or occupational therapist12who has rendered treatment pursuant to a referral from the injured13employee's authorized physician or authorized podiatrist for treatment14to the injured employee], such employer must pay the bill or notify the 15 [hospital, physician or self-employed physical or occupational therapist16in writing] medical care provider or supplier in the format prescribed 17 by the chair that the bill is not being paid and explain the reasons for 18 non-payment. In the event that the employer fails to make payment or 19 notify the [hospital, physician or self-employed physical or occupa-20tional therapist] medical care provider or supplier within such forty- 21 five day period that payment is not being made, the [hospital, physi-22cian, self-employed physical therapist or self-employed occupational23therapist] medical care provider or supplier may notify the board in the 24 format prescribed by the chair [in writing] that the bill has not been 25 paid and request that the board make an award for payment of such bill. 26 The board or the chair may make an award not in excess of the estab- 27 lished fee schedules for any such bill or part thereof which remains 28 unpaid after said forty-five day period or thirty days after all other 29 questions duly and timely raised in accordance with the provisions of 30 this chapter, relating to the employer's liability for the payment of 31 such amount, shall have been finally determined adversely to the employ- 32 er, whichever is later, in accordance with rules promulgated by the 33 chair, and such award may be collected in like manner as an award of 34 compensation. The chair shall assess the sum of fifty dollars against 35 the employer for each such award made by the board, which sum shall be 36 paid into the state treasury. 37 In the event that the employer has provided an explanation in writing 38 why the bill has not been paid, in part or in full, within the aforesaid 39 time period, and the parties can not agree as to the value of medical 40 aid rendered under this chapter, such value shall be decided by arbi- 41 tration [if requested by the hospital, physician or self-employed phys-42ical or occupational therapist, in accordance with the provisions of43subdivision two or subdivision three of this section, as appropriate,44and] as set forth in rules and regulations promulgated by the chair. 45 Where a [physician, physical or occupational therapist] bill for 46 medical care or supplies has been determined to be due and owing in 47 accordance with the provisions of this section the board shall include 48 in the amount of the award interest of not more than one and one-half 49 [per cent] percent (1 1/2%) per month payable to the [physician, phys-50ical or occupational therapist] medical care provider or supplier, in 51 accordance with the rules and regulations promulgated by the board. 52 Interest shall be calculated from the forty-fifth day after the bill was 53 rendered or from the thirtieth day after all other questions duly and 54 timely raised in accordance with the provisions of this chapter, relat- 55 ing to the employer's liability for the payment of such amount, shallS. 1505 155 A. 2005 1 have been finally determined adversely to the employer, whichever is 2 later, in accordance with rules promulgated by the chair. 3 (2) (a) If the parties fail to agree to the value of medical aid 4 rendered under this chapter and the amount of the disputed bill is one 5 thousand dollars or less, or if the amount of the disputed medical bill 6 exceeds one thousand dollars and the [health] medical care provider or 7 supplier expressly so requests, such value shall be decided by a single 8 arbitrator process, pursuant to rules promulgated by the chair. [The9chair shall appoint a physician who is a member in good standing of the10medical society of the state of New York to determine the value of such11disputed medical bill. Where the physician whose charges are being12arbitrated is a member in good standing of the New York osteopathic13society, the value of such disputed bill shall be determined by a member14in good standing of the New York osteopathic society appointed by the15chair. Where the physician whose charges are being arbitrated is a16member in good standing of the New York homeopathic society, the value17of such disputed bill shall be determined by a member in good standing18of the New York homeopathic society appointed by the chair. Where the19value of physical therapy services or occupational therapy services is20at issue, such value shall be determined by a member in good standing of21a recognized professional association representing its respective22profession in the state of New York appointed by the chair.] Decisions 23 rendered under the single arbitrator process shall be conclusive upon 24 the parties as to the value of the services in dispute. 25 (b) If the parties fail to agree as to the value of medical aid 26 rendered under this chapter and the amount of the disputed bill exceeds 27 one thousand dollars, such value shall be decided by an arbitration 28 committee unless the [health] medical care provider or supplier express- 29 ly requests a single arbitrator process in accordance with paragraph (a) 30 of this subdivision. The arbitration committee shall [consist of one31physician designated by the president of the medical society of the32county in which the medical services were rendered, one physician who is33a member of the medical society of the state of New York, appointed by34the employer or carrier, and one physician, also a member of the medical35society of the state of New York, appointed by the chair of the workers'36compensation board. If the physician whose charges are being arbitrated37is a member in good standing of the New York osteopathic society or the38New York homeopathic society, the members of such arbitration committee39shall be physicians of such organization, one to be appointed by the40president of that organization, one by the employer or carrier and the41third by the chair of the workers' compensation board. Where the value42of physical therapy services is at issue and the amount of the disputed43bill exceeds one thousand dollars, the arbitration committee shall44consist of a member in good standing of a recognized professional asso-45ciation representing physical therapists in the state of New York46appointed by the president of such organization, a physician designated47by the employer or carrier and a physician designated by the chair of48the workers' compensation board provided however, that the chair finds49that there are a sufficient number of physical therapy arbitrations in a50geographical area comprised of one or more counties to warrant a commit-51tee so comprised. In all other cases where the value of physical therapy52services is at issue and the amount of the disputed bill exceeds one53thousand dollars, the arbitration committee shall be similarly selected54and identical in composition, provided that the physical therapist55member shall serve without remuneration, and provided further that in56the event a physical therapist is not available, the committee shall beS. 1505 156 A. 2005 1comprised of three physicians designated in the same manner as in cases2where the value of medical aid is at issue.3(c) Where the value of occupational therapy services is at issue the4arbitration committee shall consist of a member in good standing of a5recognized professional association representing occupational therapists6in the state of New York appointed by the president of such organiza-7tion; a physician designated by the employer or carrier and a physician8designated by the chair of the workers' compensation board provided,9however, that the chair finds that there are a sufficient number of10occupational therapy arbitrations in a geographical area comprised of11one or more counties to warrant a committee so comprised. In all other12cases where the value of occupational therapy services is at issue and13the amount of the disputed bill exceeds one thousand dollars, the arbi-14tration committee shall be similarly selected and identical in composi-15tion, provided that the occupational therapist member shall serve with-16out remuneration, and provided further that in the event an occupational17therapist is not available, the committee shall be comprised of three18physicians designated in the same manner as in cases where the value of19medical aid is at issue.] have three members designated by the chair in 20 consultation with the medical director's office of the workers' compen- 21 sation board. The majority decision of any such arbitration committee 22 shall be conclusive upon the parties as to the value of the services in 23 dispute. 24 (3) [(a) If an employer shall have notified the hospital in writing,25as provided in subdivision one of this section, why the bill has not26been paid, in part or in full, and the amount of the disputed bill is27one thousand dollars or less, or where the amount of the disputed28medical bill exceeds one thousand dollars and the hospital expressly so29requests, such value shall be decided by a single arbitrator process,30pursuant to rules promulgated by the chair. The chair shall appoint a31physician in good standing licensed to practice in New York state to32determine the value of such disputed bill. Decisions rendered under the33administrative resolution procedure shall be conclusive upon the parties34as to the value of the services in dispute.35(b) If an employer shall have notified the hospital in writing, as36provided in subdivision one of this section, why the bill has not been37paid, in part or in full, and the amount of the disputed bill exceeds38one thousand dollars, the value of such bill shall be determined by an39arbitration committee appointed by the chair for that purpose, which40committee shall consider all of the charges of the hospital, unless the41hospital expressly requests a single arbitrator process pursuant to42paragraph (a) of this subdivision. The committee shall consist of three43physicians. One member of the committee may be nominated by the chair44upon recommendation of the president of the hospital association of New45York state and one member may be nominated by the employer or insurance46carrier. The majority decision of any such committee shall be conclusive47upon the parties as to the value of the services rendered. The chair may48make reasonable rules and regulations consistent with the provisions of49this section.50(4)] A provider or supplier initiating an arbitration, including a 51 single arbitrator process, pursuant to this section shall not pay a fee 52 to cover the costs related to the conduct of such arbitration. [Each53member of an arbitration committee for medical bills, and each member of54an arbitration committee for hospital bills shall be entitled to receive55and shall be paid a fee for each day's attendance at an arbitrationS. 1505 157 A. 2005 1session in any one count in an amount fixed by the chair of the workers'2compensation board.3(5)] (4) In claims where the employer has failed to secure compen- 4 sation to his employees as required by section fifty of this chapter, 5 the board may make an award for the value of medical [and podiatry] 6 services, supplies or treatment rendered to such employees, in accord- 7 ance with the schedules of fees and charges prepared and established 8 under the provisions of [section thirteen, subdivision a, and section9thirteen-k, subdivision two, of] this chapter[, and for the reasonable10value of hospital care in accordance with the charges currently in force11in hospitals in the same community for cases coming within the12provisions of this chapter]. Such award shall be made to the [physician,13podiatrist, or hospital] medical care provider or supplier entitled 14 thereto. A default in the payment of such award may be enforced in the 15 manner provided for the enforcement of compensation awards as set forth 16 in section twenty-six of this [chapter] article. 17 In all cases coming under this subdivision the payment of the claim 18 [of the physician, podiatrist, or hospital for medical, podiatry, or19surgical services or treatment] for medical care or supplies shall be 20 subordinate to that of the claimant or his or her beneficiaries. 21 [(6) Notwithstanding any inconsistent provision of law, arbitration22regarding payments for inpatient hospital services for any patient23discharged on or after January first, nineteen hundred ninety-one and24prior to December thirty-first, nineteen hundred ninety-six shall be25resolved in accordance with paragraph (d) of subdivision three of26section twenty-eight hundred seven-c of the public health law.] 27 § 4. Subdivisions 1 and 2 and paragraph (b) of subdivision 3 of 28 section 13-k of the workers' compensation law, subdivision 1 as added by 29 chapter 787 of the laws of 1952 and subdivision 2 and paragraph (b) of 30 subdivision 3 as amended by chapter 473 of the laws of 2000, are amended 31 to read as follows: 32 1. When the term "chairman" is hereinafter used, it shall be deemed to 33 mean the [chairman] chair of the [workmen's] workers' compensation board 34 of the state of New York. 35 2. An employee injured under circumstances which make such injury 36 compensable under this article, when care is required for an injury to 37 the foot which injury or resultant condition therefrom may lawfully be 38 treated by a duly registered and licensed podiatrist of the state of New 39 York, may select to treat him or her any podiatrist authorized by the 40 chair to render [podiatry] podiatric medical care, as hereinafter 41 provided. If the injury or condition is one which is without the limits 42 prescribed by the education law for [podiatry] podiatric medical care 43 and treatment, or the injuries involved affect other parts of the body 44 in addition to the foot, the said podiatrist must so advise the said 45 injured employee and instruct him or her to consult a physician of said 46 employee's choice for appropriate care and treatment. Such physician 47 shall thenceforth have overall supervision of the treatment of said 48 patient including the future treatment to be administered to the patient 49 by the podiatrist. If for any reason during the period when [podiatry] 50 podiatric medical treatment and care is required, the employee wishes to 51 transfer his or her treatment and care to another authorized podiatrist 52 he or she may do so, in accordance with rules prescribed by the chair, 53 provided however that the employer shall be liable for the proper fees 54 of the original podiatrist for the care and treatment he or she shall 55 have rendered. [A podiatrist licensed and registered to practice podia-56try in the state of New York who is desirous of being authorized toS. 1505 158 A. 2005 1render podiatry care under this section and/or to conduct independent2medical examinations in accordance with paragraph (b) of subdivision3three of this section shall file an application for authorization under4this section with the podiatry practice committee. In such application5he or she shall agree to refrain from subsequently treating for remuner-6ation, as a private patient, any person seeking podiatry treatment, or7submitting to an independent medical examination, in connection with, or8as a result of, any injury compensable under this chapter, if he or she9has been removed from the list of podiatrists authorized to render10podiatry care or to conduct independent medical examinations under this11chapter, or if the person seeking such treatment has been transferred12from his or her care in accordance with the provisions of this section.13This agreement shall run to the benefit of the injured person so treated14or examined, and shall be available to him or her as a defense in any15action by such podiatrist for payment for treatment rendered by a podia-16trist after he or she has been removed from the list of podiatrists17authorized to render podiatry care or to conduct independent medical18examinations under this section, or after the injured person was trans-19ferred from his or her care in accordance with the provisions of this20section. The podiatry practice committee if it deems such licensed21podiatrist duly qualified shall recommend to the chair that such podia-22trist be authorized to render podiatry care and/or to conduct independ-23ent medical examinations under this section. Such recommendation shall24be advisory to the chair only and shall not be binding or conclusive25upon him or her.] The chair shall prepare and establish a schedule for 26 the state, or schedules limited to defined localities, of charges and 27 fees for [podiatry] podiatric medical treatment and care, to be deter- 28 mined in accordance with and to be subject to change pursuant to rules 29 promulgated by the chair. Before preparing such schedule for the state 30 or schedules for limited localities the chair shall request the [podia-31try] podiatric medicine practice committee to submit to him or her a 32 report on the amount of remuneration deemed by such committee to be fair 33 and adequate for the types of [podiatry] podiatric medical care to be 34 rendered under this chapter, but consideration shall be given to the 35 view of other interested parties. The amounts payable by the employer 36 for such treatment and services shall be the fees and charges estab- 37 lished by such schedule. 38 (b) Upon receipt of the notice provided for by paragraph (a) of this 39 subdivision, the employer, the carrier and the claimant each shall be 40 entitled to have the claimant examined by a qualified podiatrist author- 41 ized by the chair in accordance with [subdivision two of this] section 42 thirteen-b and section one hundred thirty-seven of this chapter, at a 43 medical facility convenient to the claimant and in the presence of the 44 claimant's podiatrist, and refusal by the claimant to submit to such 45 independent medical examination at such time or times as may reasonably 46 be necessary in the opinion of the board shall bar the claimant from 47 recovering compensation for any period during which he or she has 48 refused to submit to such examination. 49 § 5. Subdivisions 1 and 2 and paragraph (b) of subdivision 3 of 50 section 13-l of the workers' compensation law, subdivision 1 as added by 51 chapter 940 of the laws of 1973 and subdivision 2 and paragraph (b) of 52 subdivision 3 as amended by chapter 473 of the laws of 2000, are amended 53 to read as follows: 54 1. Where the term "chairman" is hereinafter used, it shall be deemed 55 to mean the [chairman] chair of the [workmen's] workers' compensation 56 board of the state of New York.S. 1505 159 A. 2005 1 2. An employee injured under circumstances which make such injury 2 compensable under this article, when care is required for an injury 3 which consists solely of a condition which may lawfully be treated by a 4 chiropractor as defined in section sixty-five hundred fifty-one of the 5 education law may select to treat him or her, any duly registered and 6 licensed chiropractor of the state of New York, authorized by the chair 7 to render chiropractic care as hereinafter provided. If the injury or 8 condition is one which is outside the limits prescribed by the education 9 law for chiropractic care and treatment, the said chiropractor must so 10 advise the said injured employee and instruct him or her to consult a 11 physician of said employee's choice for appropriate care and treatment. 12 Such physician shall thenceforth have supervision of the treatment of 13 said condition including the future treatment to be administered to the 14 patient by the chiropractor. [A chiropractor licensed and registered to15practice chiropractic in the state of New York, who is desirous of being16authorized to render chiropractic care under this section and/or to17conduct independent medical examinations in accordance with paragraph18(b) of subdivision three of this section shall file an application for19authorization under this section with the chiropractic practice commit-20tee. In such application he or she shall agree to refrain from subse-21quently treating for remuneration, as a private patient, any person22seeking chiropractic treatment, or submitting to an independent medical23examination, in connection with, or as a result of, any injury compensa-24ble under this chapter, if he or she has been removed from the list of25chiropractors authorized to render chiropractic care or to conduct inde-26pendent medical examinations under this chapter, or if the person seek-27ing such treatment has been transferred from his or her care in accord-28ance with the provisions of this section. This agreement shall run to29the benefit of the injured person so treated, or examined, and shall be30available to him or her as a defense in any action by such chiropractor31for payment rendered by a chiropractor after he or she has been removed32from the list of chiropractors authorized to render chiropractic care or33to conduct independent medical examinations under this section, or after34the injured person was transferred from his or her care in accordance35with the provisions of this section. The chiropractic practice committee36if it deems such licensed chiropractor duly qualified shall recommend to37the chair that such be authorized to render chiropractic care and/or to38conduct independent medical examinations under this section. Such recom-39mendations shall be advisory to the chair only and shall not be binding40or conclusive upon him or her.] The chair shall prepare and establish a 41 schedule for the state, or schedules limited to defined localities of 42 charges and fees for chiropractic treatment and care, to be determined 43 in accordance with and to be subject to change pursuant to rules promul- 44 gated by the chair. Before preparing such schedule for the state or 45 schedules for limited localities the chair shall request the chiroprac- 46 tic practice committee to submit to him or her a report on the amount of 47 remuneration deemed by such committee to be fair and adequate for the 48 types of chiropractic care to be rendered under this chapter, but 49 consideration shall be given to the view of other interested parties, 50 the amounts payable by the employer for such treatment and services 51 shall be the fees and charges established by such schedule. 52 (b) Upon receipt of the notice provided for by paragraph (a) of this 53 subdivision, the employer, the carrier, and the claimant each shall be 54 entitled to have the claimant examined by a qualified chiropractor 55 authorized by the chair in accordance with [subdivision two of this] 56 section thirteen-b and section one hundred thirty-seven of this chapterS. 1505 160 A. 2005 1 at a medical facility convenient to the claimant and in the presence of 2 the claimant's chiropractor, and refusal by the claimant to submit to 3 such independent medical examination at such time or times as may 4 reasonably be necessary in the opinion of the board shall bar the claim- 5 ant from recovering compensation, for any period during which he or she 6 has refused to submit to such examination. 7 § 6. Subdivisions 1, 2 and 3 and paragraph (b) of subdivision 4 of 8 section 13-m of the workers' compensation law, subdivisions 1 and 2 as 9 added by chapter 589 of the laws of 1989 and subdivision 3 and paragraph 10 (b) of subdivision 4 as amended by chapter 473 of the laws of 2000, are 11 amended to read as follows: 12 1. Where the term "chairman" is hereinafter used, it shall be deemed 13 to mean the [chairman] chair of the workers' compensation board of the 14 state of New York. 15 2. (a) An injured employee, injured under circumstances which make 16 such injury compensable under this article, may lawfully be treated[,17upon the referral of an authorized physician,] by a psychologist, duly 18 registered and licensed by the state of New York, authorized by the 19 [chairman] chair to render psychological care pursuant to [this] section 20 thirteen-b of this article. Such services shall be within the scope of 21 such psychologist's specialized training and qualifications as defined 22 in article one hundred fifty-three of the education law. 23 (b) Medical bureaus, medical centers jointly operated by labor and 24 management representatives, hospitals and health maintenance organiza- 25 tions, authorized to provide medical care pursuant to section thirteen-c 26 of this [chapter] article, may provide psychological services when 27 required[, upon the referral of an authorized physician, provided such28care is rendered by a duly registered, licensed and authorized psychol-29ogist, as required by this section]. 30 (c) A psychologist rendering service pursuant to this section shall 31 maintain records of the patient's psychological condition and treatment, 32 and such records or reports shall be submitted to the [chairman] chair 33 on such forms and at such times as the [chairman] chair may require. 34 3. [A psychologist, licensed and registered to practice psychology in35the state of New York, who is desirous of being authorized to render36psychological care under this section and/or to conduct independent37medical examinations in accordance with paragraph (b) of subdivision38four of this section shall file an application for authorization under39this section with the psychology practice committee. The applicant shall40agree to refrain from subsequently treating for remuneration, as a41private patient, any person seeking psychological treatment, or submit-42ting to an independent medical examination, in connection with, or as a43result of, any injury compensable under this chapter, if he or she has44been removed from the list of psychologists authorized to render psycho-45logical care under this chapter. This agreement shall run to the benefit46of the injured person so treated, and shall be available as a defense in47any action by such psychologist for payment for treatment rendered by48such psychologist after being removed from the list of psychologists49authorized to render psychological care or to conduct independent50medical examinations under this section. The psychology practice commit-51tee if it deems such licensed psychologist duly qualified shall recom-52mend to the chair that such person be authorized to render psychological53care and/or to conduct independent medical examinations under this54section. Such recommendations shall be only advisory to the chair and55shall not be binding or conclusive.] The chair shall prepare and estab- 56 lish a schedule for the state or schedules limited to defined localitiesS. 1505 161 A. 2005 1 of charges and fees for psychological treatment and care, to be deter- 2 mined in accordance with and be subject to change pursuant to rules 3 promulgated by the chair. Before preparing such schedule for the state 4 or schedules for limited localities the chair shall request the psychol- 5 ogy practice committee to submit to such chair a report on the amount of 6 remuneration deemed by such committee to be fair and adequate for the 7 types of psychological care to be rendered under this chapter, but 8 consideration shall be given to the view of other interested parties. 9 The amounts payable by the employer for such treatment and services 10 shall be the fees and charges established by such schedule. 11 (b) Upon receipt of the notice provided for by paragraph (a) of this 12 subdivision, the employer, the carrier, and the claimant each shall be 13 entitled to have the claimant examined by a qualified psychologist, 14 authorized by the chair in accordance with [subdivision three of this] 15 section thirteen-b and section one hundred thirty-seven of this chapter, 16 at a medical facility convenient to the claimant and in the presence of 17 the claimant's psychologist, and refusal by the claimant to submit to 18 such independent medical examination at such time or times as may 19 reasonably be necessary in the opinion of the board shall bar the claim- 20 ant from recovering compensation, for any period during which he or she 21 has refused to submit to such examination. 22 § 7. Section 54-b of the workers' compensation law, as amended by 23 chapter 6 of the laws of 2007, is amended to read as follows: 24 § 54-b. Enforcement on failure to pay award or judgment. In case of 25 default by a carrier or self-insured employer in the payment of any 26 compensation due under an award for the period of thirty days after 27 payment is due and payable, or in the case of failure by a carrier or 28 self-insured employer to make full payment of an award for medical care 29 or supplies issued by the board or the chair pursuant to section thir- 30 teen-g of this chapter, the chair in any such case or on the chair's 31 consent any party to an award may file with the county clerk for the 32 county in which the injury occurred or the county in which the carrier 33 or self-insured employer has his or her principal place of business, (1) 34 a certified copy of the decision of the board awarding compensation or 35 ending, diminishing or increasing compensation previously awarded, from 36 which no appeal has been taken within the time allowed therefor, or if 37 an appeal has been taken by a carrier or self-insured employer who has 38 not complied with the provisions of section fifty of this article, where 39 he or she fails to deposit with the chair the amount of the award as 40 security for its payment within ten days after the same is due and paya- 41 ble, or (2) a certified copy of the award for medical care or supplies 42 issued pursuant to section thirteen-g of this chapter, and thereupon 43 judgment must be entered in the supreme court by the clerk of such coun- 44 ty in conformity therewith immediately upon such filing. If the payment 45 in default be an installment, the board may declare the entire award due 46 and judgment may be entered in accordance with the provisions of this 47 section. Such judgment shall be entered in the same manner, have the 48 same effect and be subject to the same proceedings as though rendered in 49 a suit duly heard and determined by the supreme court, except that no 50 appeal may be taken therefrom. The court shall vacate or modify such 51 judgment to conform to any later award or decision of the board upon 52 presentation of a certified copy of such award or decision. The award 53 may be so compromised by the board as in the discretion of the board may 54 best serve the interest of the persons entitled to receive the compen- 55 sation or benefits. Where an award has been made against a carrier or 56 self-insured employer in accordance with the provisions of subdivisionS. 1505 162 A. 2005 1 nine of section fifteen, or of section twenty-five-a of this chapter, 2 such an award may be similarly compromised by the board, upon notice to 3 a representative of the fund to which the award is payable, but if there 4 be no representative of any such fund, notice shall be given to such 5 representative as may be designated by the chair of the board; and 6 notwithstanding any other provision of law, such compromise shall be 7 effective without the necessity of any approval by the state comp- 8 troller. Neither the chair nor any party in interest shall be required 9 to pay any fee to any public officer for filing or recording any paper 10 or instrument or for issuing a transcript of any judgment executed in 11 pursuance of this section. The carrier or self-insured employer shall be 12 liable for all costs and attorneys fees necessary to enforce the award. 13 For the purposes of this section, the term "carrier" shall include the 14 state insurance fund and any stock corporation, mutual corporation or 15 reciprocal insurer authorized to transact the business of workers' 16 compensation insurance in this state. 17 § 8. This act shall take effect on the ninetieth day after it shall 18 have become a law. 19 PART DD 20 Section 1. Section 14 of part J of chapter 62 of the laws of 2003 21 amending the county law and other laws relating to fees collected, as 22 amended by section 7 of part K of chapter 56 of the laws of 2010, is 23 amended to read as follows: 24 § 14. Notwithstanding the provisions of any other law: (a) the fee 25 collected by the office of court administration for the provision of 26 criminal history searches and other searches for data kept electron- 27 ically by the unified court system shall be [sixty-five] ninety dollars; 28 (b) [thirty-five] sixty dollars of each such fee collected shall be 29 deposited in the indigent legal services fund established by section 30 98-b of the state finance law, as added by section twelve of this act, 31 (c) nine dollars of each such fee collected shall be deposited in the 32 legal services assistance fund established by section 98-c of the state 33 finance law, as added by section nineteen of this act, (d) sixteen 34 dollars of each such fee collected shall be deposited to the judiciary 35 data processing offset fund established by section 94-b of the state 36 finance law, and (e) the remainder shall be deposited in the general 37 fund. 38 § 2. Subdivision 4 of section 468-a of the judiciary law, as amended 39 by section 9 of part K of chapter 56 of the laws of 2010, is amended to 40 read as follows: 41 4. The biennial registration fee shall be [three] four hundred [seven-42ty-five] twenty-five dollars, sixty dollars of which shall be allocated 43 to and be deposited in a fund established pursuant to the provisions of 44 section ninety-seven-t of the state finance law, [fifty] one hundred 45 dollars of which shall be allocated to and shall be deposited in a fund 46 established pursuant to the provisions of section ninety-eight-b of the 47 state finance law, twenty-five dollars of which shall be allocated to be 48 deposited in a fund established pursuant to the provisions of section 49 ninety-eight-c of the state finance law, and the remainder of which 50 shall be deposited in the attorney licensing fund. Such fee shall be 51 required of every attorney who is admitted and licensed to practice law 52 in this state, whether or not the attorney is engaged in the practice of 53 law in this state or elsewhere, except attorneys who certify to theS. 1505 163 A. 2005 1 chief administrator of the courts that they have retired from the prac- 2 tice of law. 3 § 3. This act shall take effect immediately. 4 PART EE 5 Section 1. Subdivision 1 of section 20.60 of the criminal procedure 6 law, is amended to read as follows: 7 1. An oral or written statement made by a person in one jurisdiction 8 to a person in another jurisdiction by means of telecommunication, mail 9 or any other method of communication is deemed to be made in each such 10 jurisdiction. For purposes of this subdivision, such statement shall 11 include testimony given pursuant to subdivision four-a of section 190.30 12 of this chapter. 13 § 2. Subdivision 1 of section 50.10 of the criminal procedure law, is 14 amended to read as follows: 15 1. "Immunity." A person who has been a witness in a legal proceeding, 16 and [who cannot, except as otherwise provided in this subdivision, be17convicted of any offense or subjected to any penalty or forfeiture for18or on account of any transaction, matter or thing concerning which he19gave evidence therein, possesses "immunity" from any such conviction,20penalty or forfeiture], neither the evidence given by such witness nor 21 any evidence derived directly or indirectly therefrom may be used 22 against the witness in the same or any other criminal proceeding, 23 possesses "immunity". A person who possesses such immunity may neverthe- 24 less be convicted of perjury as a result of having given false testimony 25 in such legal proceeding, and may be convicted of or adjudged in 26 contempt as a result of having contumaciously refused to give evidence 27 therein, and the evidence given by the person at the proceeding at which 28 the person possessed immunity may be used against such person in any 29 such prosecution for perjury or judgement for contempt. 30 § 3. Section 60.22 of the criminal procedure law is amended by adding 31 a new subdivision 4 to read as follows: 32 4. For purposes of this section, "corroborative evidence" shall mean 33 evidence from one or more other accomplices. 34 § 4. Paragraph (b) of subdivision 1 of section 170.30 of the criminal 35 procedure law, is amended and a new subdivision 5 is added to read as 36 follows: 37 (b) [The defendant has received immunity from prosecution for the38offense charged, pursuant to sections 50.20 or 190.40;] Allegations in 39 the information, simplified information, prosecutor's information or 40 misdemeanor complaint are based on evidence protected by immunity as 41 defined in subdivision one of section 50.10 of this chapter; or 42 5. Where the defendant establishes in his or her motion that immunity 43 has been conferred on him or her, the people must then establish, by a 44 preponderance of the evidence, that such evidence was not derived, 45 directly or indirectly, from the evidence as to which such immunity was 46 conferred. A motion seeking relief on this ground shall not be enter- 47 tained before a motion made pursuant to subdivision eight of section 48 710.20 of this chapter, seeking suppression of potential evidence as to 49 the use of which the defendant possesses immunity, has been resolved. 50 Upon grant of such a motion, the court shall dismiss the instrument; 51 otherwise, the court must deny the motion to dismiss. 52 § 5. Paragraph (g) of subdivision 3 of section 190.30 of the criminal 53 procedure law, as added by chapter 690 of the laws of 2005, is amended 54 and a new paragraph (h) is added to read as follows:S. 1505 164 A. 2005 1 (g) that person's ownership of, or possessory right in, a credit card 2 account number or debit card account number, and the defendant's lack of 3 superior or equal right to use or possession thereof[.]; 4 (h) that a person's ownership of, or possessory right in, personal 5 identifying information, as defined in subdivision one of section 190.77 6 of the penal law, or a personal identification number, as defined in 7 paragraph b of subdivision two of section 190.77 of the penal law, as 8 any number or code which may be used alone or in conjunction with any 9 other information to assume the identity of another person or access 10 financial resources or credit of another person and the defendant's lack 11 of superior or equal right to use or possession thereof. 12 § 6. Section 190.30 of the criminal procedure law is amended by adding 13 a new subdivision 4-a to read as follows: 14 4-a. Whenever the district attorney has reason to believe that a 15 witness, other than a witness who waives immunity pursuant to section 16 190.40 of this article, including a defendant testifying on his or her 17 own behalf pursuant to subdivision five of section 190.50 of this arti- 18 cle, is located either out-of-state or more than one hundred miles from 19 the grand jury proceeding, the person may provide live testimony by 20 closed circuit video or videoconferencing in the same manner as if the 21 witness had testified in person. The audiovisual technology used pursu- 22 ant to this section shall seek to ensure that the communication be 23 reasonably secure from interception or eavesdropping by anyone other 24 than the persons communicating, and must ensure that the witness may be 25 clearly heard, seen and examined. 26 (a) The testimony of the witness shall be: 27 (i) taken by a certified videographer who is in the physical presence 28 of the witness. The certified videographer shall sign a written declara- 29 tion which states that the witness does not possess any notes or other 30 materials to assist in the witness's testimony; 31 (ii) recorded and preserved through the use of audiovisual recording 32 technology; and 33 (iii) transcribed by a certified court reporter. 34 (b) Before giving testimony, the witness shall be sworn and sign a 35 written declaration, which acknowledges that the witness is alone in the 36 room where the testimony is being taken, that, to his or her knowledge, 37 no one other than the certified videographer is hearing his or her 38 testimony, that the witness understands that he or she is subject to the 39 jurisdiction of the courts of this state and may be subject to criminal 40 prosecution for the commission of any crime in connection with his or 41 her testimony, including, without limitation, perjury and contempt, and 42 that the witness consents to such jurisdiction. 43 (c) The original recorded testimony of the witness must be delivered 44 to the certified court reporter. 45 § 7. Paragraph (a) of subdivision 8 of section 190.30 of the criminal 46 procedure law, as added by chapter 279 of the laws of 2008, is amended 47 to read as follows: 48 (a) [A business record may be received in such grand jury proceedings49as evidence of the following facts and similar facts stated therein:50(i) a person's use of, subscription to and charges and payments for51communication equipment and services including but not limited to equip-52ment or services provided by telephone companies and internet service53providers, but not including recorded conversations or images communi-54cated thereby; and55(ii) financial transactions, and a person's ownership or possessory56interest in any account, at a bank, insurance company, brokerage,S. 1505 165 A. 2005 1exchange or banking organization as defined in section two of the bank-2ing law.] All business records as defined in subdivision (a) of rule 3 forty-five hundred eighteen of the civil practice law and rules and 4 sections three hundred two and three hundred six of the state technology 5 law may be received in such grand jury proceedings as evidence of the 6 facts stated therein. 7 § 8. Section 210.35 of the criminal procedure law is amended by adding 8 a new subdivision 4-a to read as follows: 9 4-a. Evidence protected by use immunity was used to obtain the indict- 10 ment. A motion seeking relief on this ground shall not be entertained 11 before a motion made pursuant to subdivision eight of section 710.20 of 12 this chapter, seeking suppression of potential evidence as to the use of 13 which the defendant possesses immunity, has been resolved. Upon the 14 granting of such a motion, the court shall dismiss the indictment; 15 otherwise, the court shall deny the motion to dismiss; or 16 § 9. The opening paragraph and subdivisions 6 and 7 of section 710.20 17 of the criminal procedure law, the opening paragraph as amended by chap- 18 ter 8 of the laws of 1976, subdivision 6 as amended by section 5 of part 19 VVV of chapter 59 of the laws of 2017, and subdivision 7 as added by 20 chapter 744 of the laws of 1988, are amended and a new subdivision 8 is 21 added to read as follows: 22 Upon motion of a defendant who (a) is aggrieved by unlawful or improp- 23 er acquisition of evidence and has reasonable cause to believe that such 24 may be offered against him or her in a criminal action, [or] (b) claims 25 that improper identification testimony may be offered against him or her 26 in a criminal action, or (c) claims that evidence as to the use of which 27 he or she possesses immunity, as defined in subdivision one of section 28 50.10 of this chapter, may be offered against him or her in a criminal 29 action, a court may, under circumstances prescribed in this article, 30 order that such evidence be suppressed or excluded upon the ground that 31 it: 32 6. Consists of potential testimony regarding an observation of the 33 defendant either at the time or place of the commission of the offense 34 or upon some other occasion relevant to the case, which potential testi- 35 mony would not be admissible upon the prospective trial of such charge 36 owing to an improperly made previous identification of the defendant or 37 of a pictorial, photographic, electronic, filmed or video recorded 38 reproduction of the defendant by the prospective witness. A claim that 39 the previous identification of the defendant or of a pictorial, photo- 40 graphic, electronic, filmed or video recorded reproduction of the 41 defendant by a prospective witness did not comply with paragraph (c) of 42 subdivision one of section 60.25 of this chapter or with the protocol 43 promulgated in accordance with subdivision twenty-one of section eight 44 hundred thirty-seven of the executive law shall not constitute a legal 45 basis to suppress evidence pursuant to this subdivision. A claim that a 46 public servant failed to comply with paragraph (c) of subdivision one of 47 section 60.25 of this chapter or of subdivision twenty-one of section 48 eight hundred thirty-seven of the executive law shall neither expand nor 49 limit the rights an accused person may derive under the constitution of 50 this state or of the United States[.]; or 51 7. Consists of information obtained by means of a pen register or trap 52 and trace device installed or used in violation of the provisions of 53 article seven hundred five of this chapter[.]; or 54 8. Consists of potential evidence as to the use of which the defendant 55 possesses immunity. Where the defendant establishes that immunity has 56 been conferred on him or her, the people must then establish, by aS. 1505 166 A. 2005 1 preponderance of the evidence, that such evidence was not derived, 2 directly or indirectly, from the evidence as to which immunity was 3 conferred. 4 § 10. This act shall take effect on the ninetieth day after it shall 5 have become a law. 6 PART FF 7 Section 1. Subject to the provisions of this act, the town of Hast- 8 ings, in the county of Oswego, acting by and through its governing body 9 and upon such terms and conditions as determined by such body, is hereby 10 authorized to discontinue as parklands and to transfer ownership of the 11 lands described in section three of this act, to the New York Division 12 of State Police for the purpose of providing necessary land for the 13 construction of a Division of State Police station. 14 § 2. The authorization contained in section one of this act shall take 15 effect only upon the condition that the town of Hastings shall dedicate 16 an amount equal to or greater than the fair market value of the park- 17 lands being discontinued towards the acquisition of new parklands and/or 18 capital improvements to existing park and recreational facilities. 19 § 3. The parklands authorized by section one of this act to be alien- 20 ated are described as follows: All that tract or parcel of land situate 21 in the Town of Hastings, County of Oswego and State of New York, being 22 part of Lot No. 28 and being part of Lot No. 29 in Township No. 13 of 23 Scriba's Patent, and being part of the lands conveyed from F. Don Sweet 24 to the Town of Hastings by deed dated April 16, 1969 and recorded at the 25 Oswego County Clerk's Office on April 16, 1969 in Book of Deeds 712 at 26 Page 116 and being more particularly described as follows: 27 Beginning at the southwesterly corner of lands of the Town of Hastings 28 (712/116), being a point on the southerly bounds of Lot No. 28, also 29 being the centerline of Wilson Road per deed (712/116), said point being 30 easterly a distance of 645 feet, more or less, from the nominal center- 31 line intersection of Wilson Road and U.S. Route No. 11; 32 Thence running N. 28° 53' 09" E. along the easterly bounds of The Town 33 of Hastings (712/141) a distance of 435.60 feet to a point; thence S. 34 61° 57' 15" E. a distance of 300.00 feet to a point; thence S. 28° 53' 35 09" W. a distance of 435.60 feet to the southerly bounds of Lot No. 29; 36 thence N. 61° 57' 15" W. a distance of 300.00 feet to the point and 37 place of beginning containing 3.0 acres of land, more or less. 38 Subject to any and all easements and restrictions of record and the 39 highway rights of the public and the Town of Hastings in and to the 40 portion of Wilson Road lying within the bounds of the above described 41 parcel. 42 § 4. If the parkland that is described in section three of this act 43 has received funding pursuant to the federal land and water conservation 44 fund, the discontinuance of parklands authorized by section one of this 45 act shall not occur until the town of Hastings has complied with the 46 federal requirements pertaining to the conversion of parklands, includ- 47 ing satisfying the secretary of the interior that the discontinuance 48 with all conditions which the secretary of the interior deems necessary 49 to assure the substitution of other lands shall be equivalent in fair 50 market value and recreational usefulness to the lands being discontin- 51 ued. 52 § 5. This act shall take effect immediately. 53 PART GGS. 1505 167 A. 2005 1 Section 1. Subdivisions 3 and 5 of section 97-g of the state finance 2 law, subdivision 3 as amended by section 62 of part HH of chapter 57 of 3 the laws of 2013 and subdivision 5 as amended by section 1 of subpart A 4 of part C of chapter 97 of the laws of 2011, are amended to read as 5 follows: 6 3. Moneys of the fund shall be available to the commissioner of gener- 7 al services for the purchase of food, supplies and equipment for state 8 agencies, and for the purpose of furnishing or providing centralized 9 services to or for state agencies; provided further that such moneys 10 shall be available to the commissioner of general services for purposes 11 pursuant to items (d) and (f) of subdivision four of this section to or 12 for political subdivisions, public authorities, and public benefit 13 corporations. Beginning the first day of April, two thousand two, moneys 14 in such fund shall also be transferred by the state comptroller to the 15 revenue bond tax fund account of the general debt service fund in 16 amounts equal to those required for payments to authorized issuers for 17 revenue bonds issued pursuant to article five-C and article five-F of 18 this chapter for the purpose of lease purchases and installment 19 purchases by or for state agencies and institutions for personal or real 20 property purposes. 21 5. The amount expended from such fund for the above-stated purposes 22 shall be charged against the agency [or], political [subdivisions] 23 subdivision, public authority or public benefit corporation above 24 receiving such food, supplies, equipment and services and all payments 25 received therefor shall be credited to such fund. 26 § 2. Section 3 of chapter 410 of the laws of 2009, amending the state 27 finance law relating to authorizing the aggregate purchases of energy 28 for state agencies, institutions, local governments, public authorities 29 and public benefit corporations, as amended by section 1 of part G of 30 chapter 55 of the laws of 2014, is amended to read as follows: 31 § 3. This act shall take effect immediately [and shall expire and be32deemed repealed July 31, 2019]. 33 § 3. Section 9 of subpart A of part C of chapter 97 of the laws of 34 2011, amending the state finance law and other laws relating to provid- 35 ing certain centralized service to political subdivisions and extending 36 the authority of the commissioner of general services to aggregate 37 purchases of energy for state agencies and political subdivisions, as 38 amended by section 2 of part G of chapter 55 of the laws of 2014, is 39 amended to read as follows: 40 § 9. This act shall take effect immediately, provided, however that: 41 1. sections [one,] four, five, six and seven of this act shall expire 42 and be deemed repealed July 31, [2019] 2024; 43 2. the amendments to subdivision 4 of section 97-g of the state 44 finance law made by section two of this act shall survive the expiration 45 and reversion of such subdivision as provided in section 3 of chapter 46 410 of the laws of 2009, as amended; 47 3. sections four, five, six and seven of this act shall apply to any 48 contract let or awarded on or after such effective date. 49 § 4. This act shall take effect immediately. 50 PART HH 51 Section 1. Subdivision 2 of section 9 of the public buildings law, as 52 amended by section 2 of part M of chapter 55 of the laws of 2015, is 53 amended to read as follows:S. 1505 168 A. 2005 1 2. Notwithstanding any other provision of this law or any general or 2 special law, where there is a construction emergency, as defined by 3 subdivision one of this section, the commissioner of general services 4 may, upon written notice of such construction emergency from an author- 5 ized officer of the department or agency having jurisdiction of the 6 property, let emergency contracts for public work or the purchase of 7 supplies, materials or equipment without complying with formal compet- 8 itive bidding requirements, provided that all such contracts shall be 9 subject to the approval of the attorney general and the comptroller and 10 that no such contract shall exceed [six hundred thousand] two million 11 dollars. Such emergency contracts shall be let only for work necessary 12 to remedy or ameliorate a construction emergency. 13 § 2. Section 3 of chapter 674 of the laws of 1993, amending the public 14 buildings law relating to value limitations on contracts, as amended by 15 section 1 of part L of chapter 55 of the laws of 2017, is amended to 16 read as follows: 17 § 3. This act shall take effect immediately [and shall remain in full18force and effect only until June 30, 2019]. 19 § 3. This act shall take effect immediately. 20 PART II 21 Section 1. This Part enacts into law major components of legislation 22 that remove unnecessary barriers to reentry of people with criminal 23 histories into society. This Part removes mandatory bars on licensing 24 and employment for people with criminal convictions in the categories 25 enumerated therein and replace them with individualized review processes 26 using the factors set out in article 23-A of the correction law. This 27 Part removes mandatory drivers license suspension for non-driving drug 28 offenses. This Part prohibits disclosure of mugshots and arrest informa- 29 tion by amending the freedom of information law. This Part also amends 30 provisions of law to enact into law major components of legislation to 31 prevent the use in a civil context, of past arrest information that did 32 not result in a conviction because no disposition has been reported, or 33 the case has been adjourned in contemplation of dismissal, or because 34 arrest and arraignment charges were not followed by a corresponding 35 conviction on those charges. This information would still be able to be 36 seen and used by law enforcement and in criminal proceedings. Finally, 37 this Part establishes compassionate parole for incarcerated individuals 38 over the age of 55 who have incapacitating medical conditions exacerbat- 39 ed by age. Each component is wholly contained with a Subpart identified 40 as Subparts A through P. Any provision in any section contained within a 41 Subpart, including the effective date of the Subpart, which makes refer- 42 ence to a section "of this act", when used in connection with that 43 particular component, shall be deemed to mean and refer to the corre- 44 sponding section of the Subpart in which it is found. Section three of 45 this Part sets forth the general effective date of this Part. 46 SUBPART A 47 Section 1. Subdivision 6 of section 369 of the banking law, as amended 48 by chapter 164 of the laws of 2003, paragraph (b) as amended by section 49 6 of part LL of chapter 56 of the laws of 2010, is amended to read as 50 follows: 51 6. The superintendent may, consistent with article twenty-three-A of 52 the correction law, refuse to issue a license pursuant to this articleS. 1505 169 A. 2005 1 if he shall find that the applicant, or any person who is a director, 2 officer, partner, agent, employee or substantial stockholder of the 3 applicant, (a) has been convicted of a crime in any jurisdiction or (b) 4 is associating or consorting with any person who has, or persons who 5 have, been convicted of a crime or crimes in any jurisdiction or juris- 6 dictions[; provided, however, that the superintendent shall not issue7such a license if he shall find that the applicant, or any person who is8a director, officer, partner, agent, employee or substantial stockholder9of the applicant, has been convicted of a felony in any jurisdiction or10of a crime which, if committed within this state, would constitute a11felony under the laws thereof]. For the purposes of this article, a 12 person shall be deemed to have been convicted of a crime if such person 13 shall have pleaded guilty to a charge thereof before a court or magis- 14 trate, or shall have been found guilty thereof by the decision or judg- 15 ment of a court or magistrate or by the verdict of a jury, irrespective 16 of the pronouncement of sentence or the suspension thereof[, unless such17plea of guilty, or such decision, judgment or verdict, shall have been18set aside, reversed or otherwise abrogated by lawful judicial process or19unless the person convicted of the crime shall have received a pardon20therefor from the president of the United States or the governor or21other pardoning authority in the jurisdiction where the conviction was22had, or shall have received a certificate of relief from disabilities or23a certificate of good conduct pursuant to article twenty-three of the24correction law to remove the disability under this article because of25such conviction]. The term "substantial stockholder," as used in this 26 subdivision, shall be deemed to refer to a person owning or controlling 27 ten per centum or more of the total outstanding stock of the corporation 28 in which such person is a stockholder. In making a determination pursu- 29 ant to this subdivision, the superintendent shall require fingerprinting 30 of the applicant. Such fingerprints shall be submitted to the division 31 of criminal justice services for a state criminal history record check, 32 as defined in subdivision one of section three thousand thirty-five of 33 the education law, and may be submitted to the federal bureau of inves- 34 tigation for a national criminal history record check. 35 § 2. This act shall take effect immediately. 36 SUBPART B 37 Section 1. Paragraph (f) of subdivision 7 of section 2590-b of the 38 education law, as added by chapter 345 of the laws of 2009, is amended 39 to read as follows: 40 (f) A person [who has been convicted of a felony, or has been removed41from a city-wide council established pursuant to this section or commu-42nity district education council for any of the following shall] may be 43 permanently ineligible for appointment to a city-wide council for any of 44 the following: 45 (i) an act of malfeasance directly related to his or her service on 46 such city-wide council or community district education council; or 47 (ii) conviction of a crime, if such crime is directly related to his 48 or her service upon such city-wide council or community district educa- 49 tion council, or if service upon such council would involve an unreason- 50 able risk to property or to the safety or welfare of specific individ- 51 uals or the general public. 52 § 2. Subdivision 5 of section 2590-c of the education law, as amended 53 by chapter 345 of the laws of 2009, is amended to read as follows:S. 1505 170 A. 2005 1 5. No person may serve on more than one community council or on the 2 city-wide council on special education, the city-wide council on English 3 language learners, or the city-wide council on high schools and a commu- 4 nity council. A member of a community council shall be ineligible to be 5 employed by the community council of which he or she is a member, any 6 other community council, the city-wide council on special education, the 7 city-wide council on English language learners, the city-wide council on 8 high schools, or the city board. No person shall be eligible for member- 9 ship on a community council if he or she holds any elective public 10 office or any elective or appointed party position except that of dele- 11 gate or alternate delegate to a national, state, judicial or other party 12 convention, or member of a county committee. 13 A person [who has been convicted of a felony, or has been removed from14a community school board, community district education council, or the15city-wide council on special education, the city-wide council on English16language learners, or the city-wide council on high schools for any of17the following shall] may be permanently ineligible for appointment to 18 any community district education council for any of the following: (a) 19 an act of malfeasance directly related to his or her service on the 20 city-wide council on special education, the city-wide council on English 21 language learners, the city-wide council on high schools, community 22 school board or community district education council; or (b) conviction 23 of a crime, if such crime is directly related to his or her service upon 24 the city-wide council on special education, the city-wide council on 25 English language learners, the city-wide council on high schools, commu- 26 nity school board or community district education council, or if service 27 upon such council would involve an unreasonable risk to property or to 28 the safety or welfare of specific individuals or the general public. 29 Any decision rendered by the chancellor or the city board with respect 30 to the eligibility or qualifications of the nominees for community 31 district education councils must be written and made available for 32 public inspection within seven days of its issuance at the office of the 33 chancellor and the city board. Such written decision shall include the 34 factual and legal basis for its issuance and a record of the vote of 35 each board member who participated in the decision, if applicable. 36 § 3. This act shall take effect immediately, provided that the amend- 37 ments to subdivision 7 of section 2590-b of the education law made by 38 section one of this act shall not affect the repeal of such subdivision 39 and shall be deemed repealed therewith; provided, further, that the 40 amendments to subdivision 5 of section 2590-c of the education law made 41 by section two of this act shall not affect the repeal of such subdivi- 42 sion and shall be deemed to repeal therewith. 43 SUBPART C 44 Section 1. Clauses 1 and 5 of paragraph (c) of subdivision 2 of 45 section 435 of the executive law, clause 1 as amended by chapter 371 of 46 the laws of 1974 and clause 5 as amended by 437 of the laws of 1962, are 47 amended to read as follows: 48 (1) a person convicted of a crime [who has not received a pardon, a49certificate of good conduct or a certificate of relief from disabili-50ties] if there is a direct relationship between one or more of the 51 previous criminal offenses and the integrity and safety of bingo, 52 considering the factors set forth in article twenty-three-A of the 53 correction law;S. 1505 171 A. 2005 1 (5) a firm or corporation in which a person defined in [subdivision] 2 clause (1), (2), (3) or (4) [above] of this paragraph, or a person 3 married or related in the first degree to such a person, has greater 4 than a ten [per centum] percent proprietary, equitable or credit inter- 5 est or in which such a person is active or employed. 6 § 2. This act shall take effect immediately. 7 SUBPART D 8 Section 1. Subdivision 1 of section 130 of the executive law, as 9 amended by section 1 of part LL of chapter 56 of the laws of 2010, para- 10 graph (g) as separately amended by chapter 232 of the laws 2010, is 11 amended to read as follows: 12 1. The secretary of state may appoint and commission as many notaries 13 public for the state of New York as in his or her judgment may be deemed 14 best, whose jurisdiction shall be co-extensive with the boundaries of 15 the state. The appointment of a notary public shall be for a term of 16 four years. An application for an appointment as notary public shall be 17 in form and set forth such matters as the secretary of state shall 18 prescribe. Every person appointed as notary public must, at the time of 19 his or her appointment, be a citizen of the United States and either a 20 resident of the state of New York or have an office or place of business 21 in New York state. A notary public who is a resident of the state and 22 who moves out of the state but still maintains a place of business or an 23 office in New York state does not vacate his or her office as a notary 24 public. A notary public who is a nonresident and who ceases to have an 25 office or place of business in this state, vacates his or her office as 26 a notary public. A notary public who is a resident of New York state and 27 moves out of the state and who does not retain an office or place of 28 business in this state shall vacate his or her office as a notary 29 public. A non-resident who accepts the office of notary public in this 30 state thereby appoints the secretary of state as the person upon whom 31 process can be served on his or her behalf. Before issuing to any appli- 32 cant a commission as notary public, unless he or she be an attorney and 33 counsellor at law duly admitted to practice in this state or a court 34 clerk of the unified court system who has been appointed to such posi- 35 tion after taking a civil service promotional examination in the court 36 clerk series of titles, the secretary of state shall satisfy himself or 37 herself that the applicant is of good moral character, has the equiv- 38 alent of a common school education and is familiar with the duties and 39 responsibilities of a notary public; provided, however, that where a 40 notary public applies, before the expiration of his or her term, for 41 reappointment with the county clerk or where a person whose term as 42 notary public shall have expired applies within six months thereafter 43 for reappointment as a notary public with the county clerk, such quali- 44 fying requirements may be waived by the secretary of state, and further, 45 where an application for reappointment is filed with the county clerk 46 after the expiration of the aforementioned renewal period by a person 47 who failed or was unable to re-apply by reason of his or her induction 48 or enlistment in the armed forces of the United States, such qualifying 49 requirements may also be waived by the secretary of state, provided such 50 application for reappointment is made within a period of one year after 51 the military discharge of the applicant under conditions other than 52 dishonorable. In any case, the appointment or reappointment of any 53 applicant is in the discretion of the secretary of state. The secretary 54 of state may suspend or remove from office, for misconduct, any notaryS. 1505 172 A. 2005 1 public appointed by him or her but no such removal shall be made unless 2 the person who is sought to be removed shall have been served with a 3 copy of the charges against him or her and have an opportunity of being 4 heard. No person shall be appointed as a notary public under this arti- 5 cle who has been convicted, in this state or any other state or territo- 6 ry, of a [felony or any of the following offenses, to wit:7(a) Illegally using, carrying or possessing a pistol or other danger-8ous weapon; (b) making or possessing burglar's instruments; (c) buying9or receiving or criminally possessing stolen property; (d) unlawful10entry of a building; (e) aiding escape from prison; (f) unlawfully11possessing or distributing habit forming narcotic drugs; (g) violating12sections two hundred seventy, two hundred seventy-a, two hundred seven-13ty-b, two hundred seventy-c, two hundred seventy-one, two hundred seven-14ty-five, two hundred seventy-six, five hundred fifty, five hundred15fifty-one, five hundred fifty-one-a and subdivisions six, ten or eleven16of section seven hundred twenty-two of the former penal law as in force17and effect immediately prior to September first, nineteen hundred18sixty-seven, or violating sections 165.25, 165.30 or subdivision one of19section 240.30 of the penal law, or violating sections four hundred20seventy-eight, four hundred seventy-nine, four hundred eighty, four21hundred eighty-one, four hundred eighty-four, four hundred eighty-nine22and four hundred ninety-one of the judiciary law; or (h) vagrancy or23prostitution, and who has not subsequent to such conviction received an24executive pardon therefor or a certificate of relief from disabilities25or a certificate of good conduct pursuant to article twenty-three of the26correction law to remove the disability under this section because of27such conviction] crime, unless the secretary makes a finding in conform- 28 ance with all applicable statutory requirements, including those 29 contained in article twenty-three-A of the correction law, that such 30 convictions do not constitute a bar to employment. 31 § 2. This act shall take effect immediately. 32 SUBPART E 33 Section 1. Paragraphs 1 and 5 of subdivision (a) of section 189-a of 34 the general municipal law, as added by chapter 574 of the laws of 1978, 35 are amended to read as follows: 36 (1) a person convicted of a crime [who has not received a pardon, a37certificate of good conduct or a certificate of relief from disabili-38ties] if there is a direct relationship between one or more of the 39 previous criminal offenses and the integrity or safety of charitable 40 gaming, considering the factors set forth in article twenty-three-A of 41 the correction law; 42 (5) a firm or corporation in which a person defined in [subdivision] 43 paragraph (1), (2), (3) or (4) [above] of this subdivision has greater 44 than a ten [per centum] percent proprietary, equitable or credit inter- 45 est or in which such a person is active or employed. 46 § 2. Paragraph (a) of subdivision 1 of section 191 of the general 47 municipal law, as amended by section 15 of part LL of chapter 56 of the 48 laws of 2010, is amended to read as follows: 49 (a) Issuance of licenses to conduct games of chance. If such clerk or 50 department [shall determine] determines: 51 (i) that the applicant is duly qualified to be licensed to conduct 52 games of chance under this article; 53 (ii) that the member or members of the applicant designated in the 54 application to manage games of chance are bona fide active members ofS. 1505 173 A. 2005 1 the applicant and are persons of good moral character and have never 2 been convicted of a crime[, or,] if [convicted, have received a pardon,3a certificate of good conduct or a certificate of relief from disabili-4ties pursuant to article twenty-three of the correction law] there is a 5 direct relationship between one or more of the previous criminal 6 offenses and the integrity or safety of charitable gaming, considering 7 the factors set forth in article twenty-three-A of the correction law; 8 (iii) that such games are to be conducted in accordance with the 9 provisions of this article and in accordance with the rules and regu- 10 lations of the [board] gaming commission and applicable local laws or 11 ordinances and that the proceeds thereof are to be disposed of as 12 provided by this article[,]; and 13 [if such clerk or department is satisfied] (iv) that no commission, 14 salary, compensation, reward or recompense whatever will be paid or 15 given to any person managing, operating or assisting therein except as 16 in this article otherwise provided; [it] then such clerk or department 17 shall issue a license to the applicant for the conduct of games of 18 chance upon payment of a license fee of twenty-five dollars for each 19 license period. 20 § 3. Subdivision 9 of section 476 of the general municipal law, as 21 amended by chapter 1057 of the laws of 1965, paragraph (a) as amended by 22 section 16 of part LL of chapter 56 of the laws of 2010, is amended to 23 read as follows: 24 9. "Authorized commercial lessor" shall mean a person, firm or corpo- 25 ration other than a licensee to conduct bingo under the provisions of 26 this article, who or which [shall own] owns or [be] is a net lessee of 27 premises and offer the same for leasing by him, her or it to an author- 28 ized organization for any consideration whatsoever, direct or indirect, 29 for the purpose of conducting bingo therein, provided that he, she or 30 it, as the case may be, shall not be 31 (a) a person convicted of a crime [who has not received a pardon or a32certificate of good conduct or a certificate of relief from disabilities33pursuant to] if there is a direct relationship between one or more of 34 the previous criminal offenses and the integrity or safety of bingo, 35 considering the factors set forth in article [twenty-three] 36 twenty-three-A of the correction law; 37 (b) a person who is or has been a professional gambler or gambling 38 promoter or who for other reasons is not of good moral character; 39 (c) a public officer who receives any consideration, direct or indi- 40 rect, as owner or lessor of premises offered for the purpose of conduct- 41 ing bingo therein; 42 (d) a firm or corporation in which a person defined in [subdivision] 43 paragraph (a), (b) or (c) [above] of this subdivision or a person 44 married or related in the first degree to such a person has greater than 45 a ten [percentum (10%)] percent proprietary, equitable or credit inter- 46 est or in which such a person is active or employed. 47 Nothing contained in this subdivision shall be construed to bar any 48 firm or corporation [which] that is not organized for pecuniary profit 49 and no part of the net earnings of which inure to the benefit of any 50 individual, member, or shareholder, from being an authorized commercial 51 lessor solely because a public officer, or a person married or related 52 in the first degree to a public officer, is a member of, active in or 53 employed by such firm or corporation. 54 § 4. Paragraph (a) of subdivision 1 of section 481 of the general 55 municipal law, as amended by section 5 of part MM of chapter 59 of the 56 laws of 2017, is amended to read as follows:S. 1505 174 A. 2005 1 (a) Issuance of licenses to conduct bingo. If the governing body of 2 the municipality determines: 3 (i) that the applicant is duly qualified to be licensed to conduct 4 bingo under this article; 5 (ii) that the member or members of the applicant designated in the 6 application to conduct bingo are bona fide active members or auxiliary 7 members of the applicant and are persons of good moral character and 8 have never been convicted of a crime [or, if convicted, have received a9pardon or a certificate of good conduct or a certificate of relief from10disabilities pursuant to article twenty-three] if there is a direct 11 relationship between one or more of the previous criminal offenses and 12 the integrity or safety of bingo, considering the factors set forth in 13 article twenty-three-A of the correction law; 14 (iii) that such games of bingo are to be conducted in accordance with 15 the provisions of this article and in accordance with the rules and 16 regulations of the commission[, and]; 17 (iv) that the proceeds thereof are to be disposed of as provided by 18 this article[, and if the governing body is satisfied]; 19 (v) that no commission, salary, compensation, reward or recompense 20 [what so ever] whatsoever will be paid or given to any person holding, 21 operating or conducting or assisting in the holding, operation and 22 conduct of any such games of bingo except as in this article otherwise 23 provided; and 24 (vi) that no prize will be offered and given in excess of the sum or 25 value of five thousand dollars in any single game of bingo and that the 26 aggregate of all prizes offered and given in all of such games of bingo 27 conducted on a single occasion[,] under said license shall not exceed 28 the sum or value of fifteen thousand dollars, then the municipality 29 shall issue a license to the applicant for the conduct of bingo upon 30 payment of a license fee of eighteen dollars and seventy-five cents for 31 each bingo occasion[; provided, however, that]. 32 Notwithstanding anything to the contrary in this paragraph, the 33 governing body shall refuse to issue a license to an applicant seeking 34 to conduct bingo in premises of a licensed commercial lessor where such 35 governing body determines that the premises presently owned or occupied 36 by such applicant are in every respect adequate and suitable for 37 conducting bingo games. 38 § 5. This act shall take effect immediately. 39 SUBPART F 40 Section 1. Paragraphs 3 and 4 of subsection (d) of section 2108 of the 41 insurance law are REPEALED, and paragraph 5 is renumbered paragraph 3. 42 § 2. This act shall take effect immediately. 43 SUBPART G 44 Section 1. Section 440-a of the real property law, as amended by chap- 45 ter 81 of the laws of 1995, the first undesignated paragraph as amended 46 by section 23 of part LL of chapter 56 of the laws of 2010, is amended 47 to read as follows: 48 § 440-a. License required for real estate brokers and salesmen. No 49 person, co-partnership, limited liability company or corporation shall 50 engage in or follow the business or occupation of, or hold himself or 51 itself out or act temporarily or otherwise as a real estate broker or 52 real estate salesman in this state without first procuring a licenseS. 1505 175 A. 2005 1 therefor as provided in this article. No person shall be entitled to a 2 license as a real estate broker under this article, either as an indi- 3 vidual or as a member of a co-partnership, or as a member or manager of 4 a limited liability company or as an officer of a corporation, unless he 5 or she is twenty years of age or over, a citizen of the United States or 6 an alien lawfully admitted for permanent residence in the United States. 7 No person shall be entitled to a license as a real estate salesman under 8 this article unless he or she is over the age of eighteen years. No 9 person shall be entitled to a license as a real estate broker or real 10 estate salesman under this article who has been convicted in this state 11 or elsewhere of a [felony, of a sex offense, as defined in subdivision12two of section one hundred sixty-eight-a of the correction law or any13offense committed outside of this state which would constitute a sex14offense, or a sexually violent offense, as defined in subdivision three15of section one hundred sixty-eight-a of the correction law or any16offense committed outside this state which would constitute a sexually17violent offense, and who has not subsequent to such conviction received18executive pardon therefor or a certificate of relief from disabilities19or a certificate of good conduct pursuant to article twenty-three of the20correction law, to remove the disability under this section because of21such conviction] crime, unless the secretary makes a finding in conform- 22 ance with all applicable statutory requirements, including those 23 contained in article twenty-three-A of the correction law, that such 24 convictions do not constitute a bar to licensure. No person shall be 25 entitled to a license as a real estate broker or real estate salesman 26 under this article who does not meet the requirements of section 3-503 27 of the general obligations law. 28 Notwithstanding [the above] anything to the contrary in this section, 29 tenant associations[,] and not-for-profit corporations authorized in 30 writing by the commissioner of the department of the city of New York 31 charged with enforcement of the housing maintenance code of such city to 32 manage residential property owned by such city or appointed by a court 33 of competent jurisdiction to manage residential property owned by such 34 city shall be exempt from the licensing provisions of this section with 35 respect to the properties so managed. 36 § 2. This act shall take effect immediately. 37 SUBPART H 38 Section 1. Subdivision 5 of section 336-f of the social services law, 39 as added by section 148 of part B of chapter 436 of the laws of 1997, is 40 amended to read as follows: 41 5. The social services district shall require every private or not- 42 for-profit employer that intends to hire one or more work activity 43 participants to certify to the district [that] whether such employer has 44 [not], in the past five years, been convicted of a felony or a misdemea- 45 nor the underlying basis of which involved workplace safety and health 46 or labor standards. Such employer shall also certify as to all 47 violations issued by the department of labor within the past five years. 48 The social services official in the district in which the participant is 49 placed shall determine whether there is a pattern of convictions or 50 violations sufficient to render the potential employer ineligible. 51 Employers who submit false information under this section shall be 52 subject to criminal prosecution for filing a false instrument. 53 § 2. This act shall take effect immediately.S. 1505 176 A. 2005 1 SUBPART I 2 Section 1. Subdivision 9 of section 394 of the vehicle and traffic 3 law, as separately renumbered by chapters 300 and 464 of the laws of 4 1960, is amended to read as follows: 5 9. Employees. [No licensee shall knowingly employ, in connection with6a driving school in any capacity whatsoever, any person who has been7convicted of a felony, or of any crime involving violence, dishonesty,8deceit, indecency, degeneracy or moral turpitude] A licensee may not 9 employ, in connection with a driving school in any capacity whatsoever, 10 a person who has been convicted of a crime, if, after considering the 11 factors set forth in article twenty-three-A of the correction law, the 12 licensee determines that there is a direct relationship between the 13 conviction and employment in the driving school, or that employment 14 would constitute an unreasonable risk to property or to the safety of 15 students, customers, or employees of the driving school, or to the 16 general public. 17 § 2. This act shall take effect immediately. 18 SUBPART J 19 Section 1. Legislative findings. This Subpart will remove an overbroad 20 mandatory suspension of drivers' licenses for six months for people 21 convicted of state and federal drug crimes, that is unnecessary to 22 protect the safety of New York roads, as the vehicle and traffic law has 23 other provisions to suspend licenses when drug use has impaired safe 24 driving. The mandatory suspension, and the fees associated with lifting 25 it, interferes with the ability of people convicted of drug crimes to 26 work, attend treatment and otherwise live productive lives, all of which 27 are necessary for their rehabilitation. At any given time, about 8,000 28 New Yorkers have their licenses suspended because of non-driving related 29 drug convictions. This mandatory suspension was instituted in response 30 to federal law requiring states to either suspend the licenses of people 31 convicted of drug offenses, or pass a resolution expressing opposition 32 to the bill, or lose eight percent of federal highway funding. Concur- 33 rent with this bill, Resolution ___ is being presented to the legisla- 34 ture for their action; the Resolution contains the required statement of 35 opposition to mandatory suspension of driver's licenses for people 36 convicted of drug crimes in order for New York's federal funding for 37 highways to be maintained. By passing the Resolution and removing the 38 mandatory suspension, New York will join 40 other states who have taken 39 this action. 40 § 2. Subparagraphs (v), (vi) and (vii) of paragraph b of subdivision 2 41 of section 510 of the vehicle and traffic law are REPEALED. 42 § 3. This act shall take effect immediately. 43 SUBPART K 44 Section 1. Legislative findings. The legislature finds that law 45 enforcement booking information and photographs, otherwise known as 46 "mugshots," are published on the internet and other public platforms 47 with impunity. An individual's mugshot is displayed publicly even if the 48 arrest does not lead to a conviction, or the conviction is later 49 expunged, sealed, or pardoned. This practice presents an unacceptable 50 invasion of the individual's personal privacy. While there is a well-es- 51 tablished Constitutional right for the press and the public to publishS. 1505 177 A. 2005 1 government records which are in the public domain or that have been 2 lawfully accessed, arrest and booking information have not been found by 3 courts to have the same public right of access as criminal court 4 proceedings or court filings. Therefore, each state can set access to 5 this information through its Freedom of Information laws. The federal 6 government has already limited access to booking photographs through 7 privacy formulations in its Freedom of Information Act, and the legisla- 8 ture hereby declares that New York will follow the same principle to 9 protect its residents from this unwarranted invasion of personal priva- 10 cy, absent a specific law enforcement purpose, such as disclosure of a 11 photograph to alert victims or witnesses to come forward to aid in a 12 criminal investigation. 13 § 2. Paragraph (b) of subdivision 2 of section 89 of the public offi- 14 cers law, as amended by section 11 of part U of chapter 61 of the laws 15 of 2011, is amended to read as follows: 16 (b) An unwarranted invasion of personal privacy includes, but shall 17 not be limited to: 18 i. disclosure of employment, medical or credit histories or personal 19 references of applicants for employment; 20 ii. disclosure of items involving the medical or personal records of a 21 client or patient in a medical facility; 22 iii. sale or release of lists of names and addresses if such lists 23 would be used for solicitation or fund-raising purposes; 24 iv. disclosure of information of a personal nature when disclosure 25 would result in economic or personal hardship to the subject party and 26 such information is not relevant to the work of the agency requesting or 27 maintaining it; 28 v. disclosure of information of a personal nature reported in confi- 29 dence to an agency and not relevant to the ordinary work of such agency; 30 vi. information of a personal nature contained in a workers' compen- 31 sation record, except as provided by section one hundred ten-a of the 32 workers' compensation law; [or] 33 vii. disclosure of electronic contact information, such as an e-mail 34 address or a social network username, that has been collected from a 35 taxpayer under section one hundred four of the real property tax law; or 36 viii. disclosure of law enforcement booking information about an indi- 37 vidual, including booking photographs, unless public release of such 38 information will serve a specific law enforcement purpose and disclosure 39 is not precluded by any state or federal laws. 40 § 3. This act shall take effect immediately. 41 SUBPART L 42 Section 1. The executive law is amended by adding a new section 845-c 43 to read as follows: 44 § 845-c. Criminal history record searches; undisposed cases. 1. When, 45 pursuant to statute or the regulations of the division, the division 46 conducts a search of its criminal history records and returns a report 47 thereon, all references to undisposed cases contained in such criminal 48 history record shall be excluded from such report. 49 2. For purposes of this section, "undisposed case" shall mean a crimi- 50 nal action or proceeding identified in the division's criminal history 51 record repository, for which there is no record of an unexecuted warrant 52 of arrest, superior court warrant of arrest, or bench warrant, and for 53 which there is no record of conviction or imposition of sentence or 54 other final disposition, other than the issuance of an apparently unexe-S. 1505 178 A. 2005 1 cuted warrant, has been recorded and with respect to which no entry has 2 been made in the division's criminal history records for a period of at 3 least five years preceding the issuance of such report. When a criminal 4 action in the division's criminal history record repository becomes an 5 undisposed case pursuant to this section, the division shall notify the 6 district attorney in the county which has jurisdiction. If the district 7 attorney notifies the division that such case is pending and should not 8 meet the definition of an undisposed case, the case shall not be 9 excluded from such report. 10 3. The provisions of subdivision one of this section shall not apply 11 to criminal history record information: (a) provided by the division to 12 qualified agencies pursuant to subdivision six of section eight hundred 13 thirty-seven of this article, or to federal or state law enforcement 14 agencies, for criminal justice purposes; (b) prepared solely for a bona 15 fide research purpose; or (c) prepared for the internal record keeping 16 or case management purposes of the division. 17 § 2. Subdivision 2 of section 212 of the judiciary law is amended by 18 adding a new paragraph (x) to read as follows: 19 (x) Take such actions and adopt such measures as may be necessary to 20 ensure that no written or electronic report of a criminal history record 21 search conducted by the office of court administration, other than a 22 search conducted solely for the internal recordkeeping or case manage- 23 ment purposes of the judiciary or for a bona fide research purpose, 24 contains information relating to an undisposed case. For purposes of 25 this paragraph, "undisposed case" shall mean a criminal action or 26 proceeding, or an arrest incident, appearing in the criminal history 27 records of the office of court administration for which no conviction, 28 imposition of sentence, order of removal or other final disposition, 29 other than the issuance of an apparently unexecuted warrant, has been 30 recorded and with respect to which no entry has been made in such 31 records for a period of at least five years preceding the issuance of 32 such report. Nothing contained in this paragraph shall be deemed to 33 permit or require the release, disclosure or other dissemination by the 34 office of court administration of criminal history record information 35 that has been sealed in accordance with law. 36 § 3. This act shall take effect on the one hundred eightieth day after 37 it shall have become a law and shall apply to searches of criminal 38 history records conducted on or after such date. Prior to such effective 39 date, the division of criminal justice services, in consultation with 40 the state administrator of the unified court system as well as any other 41 public or private agency, shall undertake such measures as may be neces- 42 sary and appropriate to update its criminal history records with respect 43 to criminal cases and arrest incidents for which no final disposition 44 has been reported. 45 SUBPART M 46 Section 1. The commissioner of the division of criminal justice 47 services is authorized to direct that records of any action or proceed- 48 ing terminated in favor of the accused, as defined by section 160.50 of 49 the criminal procedure law, on or after September 1, 1976 and before 50 November 1, 1991 maintained by the division of criminal justice services 51 be sealed in the manner provided for by section 160.50 of the criminal 52 procedure law. The commissioner of the division of criminal justice 53 services is further authorized to direct that records of any action or 54 proceeding terminated by a conviction for a traffic infraction or aS. 1505 179 A. 2005 1 violation, other than a violation of loitering as described in paragraph 2 (d) or (e) of subdivision 1 of section 160.50 of the criminal procedure 3 law or the violation of operating a motor vehicle while ability impaired 4 as described in subdivision one of section 1192 of the vehicle and traf- 5 fic law on or after September 1, 1980 and before November 1, 1991 main- 6 tained by the division of criminal justice services be sealed in the 7 manner provided for by section 160.55 of the criminal procedure law. 8 § 2. This act shall take effect on the one hundred eightieth day after 9 it shall have become a law. 10 SUBPART N 11 Section 1. The executive law is amended by adding a new section 845-d 12 to read as follows: 13 § 845-d. Criminal record searches; arrest charges without correspond- 14 ing convictions or violations. 1. When, pursuant to statute or the regu- 15 lations of the division, the division conducts a search of its criminal 16 history records and returns a report thereon, in arrest cycles that 17 result in at least one conviction or violation, all arrest and arraign- 18 ment charges in that cycle that do not result in a corresponding 19 conviction shall be excluded from such report. 20 2. For purposes of this section, "corresponding conviction" shall mean 21 a conviction or violation charge that matches one or more of the arrest 22 or arraignment charges. 23 3. The provisions of subdivision one of this section shall not apply 24 to criminal history records: (a) provided by the division to qualified 25 agencies pursuant to subdivision six of section eight hundred thirty- 26 seven of this article, or to federal or state law enforcement agencies, 27 for criminal justice purposes; (b) prepared solely for a bona fide 28 research purpose; or (c) prepared for the internal record keeping or 29 case management purposes of the division. 30 § 2. Subdivision 2 of section 212 of the judiciary law is amended by 31 adding a new paragraph (y) to read as follows: 32 (y) Take such actions and adopt such measures as may be necessary to 33 ensure that no written or electronic report of a criminal history record 34 search conducted by the office of court administration that contains an 35 arrest cycle and a criminal conviction or violation resulting from that 36 arrest, other than a search conducted for the internal recordkeeping or 37 case management purposes of the judiciary, or produced to the court, the 38 people, and defense counsel in a criminal proceeding, or for a bona fide 39 research purpose, contains information relating to arrest and arraign- 40 ment charges that do not result in a corresponding conviction. For 41 purposes of this section, "corresponding conviction" shall mean a 42 conviction or violation charge that matches one or more of the arrest or 43 arraignment charges. 44 § 3. This act shall take effect immediately. 45 SUBPART O 46 Section 1. This Subpart amends the human rights law to specify that 47 considering arrests that are followed by an order adjourning the crimi- 48 nal action in contemplation of dismissal, which adjournments are not 49 convictions or admissions of guilt under section 170.55 of the criminal 50 procedure law, is an unlawful discriminatory practice for civil 51 purposes. This Subpart amends the human rights law to clarify as well 52 that adjourning the criminal action in contemplation of dismissal is notS. 1505 180 A. 2005 1 a pending arrest for purposes of this Subpart, unless the case has been 2 restored to the calendar. This Subpart also amends the same section of 3 the law to add housing and volunteer positions to employment and licens- 4 ing to the civil purposes for which past arrest information that did not 5 result in a conviction or violation can be used. 6 § 2. Subdivision 16 of section 296 of the executive law, as amended by 7 section 48-a of part WWW of chapter 59 of the laws of 2017, is amended 8 to read as follows: 9 16. It shall be an unlawful discriminatory practice, unless specif- 10 ically required or permitted by statute, for any person, agency, bureau, 11 corporation or association, including the state and any political subdi- 12 vision thereof, to make any inquiry about, whether in any form of appli- 13 cation or otherwise, or to act upon adversely to the individual 14 involved, any arrest or criminal accusation of such individual not then 15 pending against that individual which was followed by a termination of 16 that criminal action or proceeding in favor of such individual, as 17 defined in subdivision two of section 160.50 of the criminal procedure 18 law, or by an order adjourning the criminal action in contemplation of 19 dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10 20 of the criminal procedure law, or by a youthful offender adjudication, 21 as defined in subdivision one of section 720.35 of the criminal proce- 22 dure law, or by a conviction for a violation sealed pursuant to section 23 160.55 of the criminal procedure law or by a conviction which is sealed 24 pursuant to section 160.59 or 160.58 of the criminal procedure law, in 25 connection with the licensing, housing, employment, including volunteer 26 positions, or providing of credit or insurance to such individual; 27 provided, further, that no person shall be required to divulge informa- 28 tion pertaining to any arrest or criminal accusation of such individual 29 not then pending against that individual which was followed by a termi- 30 nation of that criminal action or proceeding in favor of such individ- 31 ual, as defined in subdivision two of section 160.50 of the criminal 32 procedure law, or by an order adjourning the criminal action in contem- 33 plation of dismissal, pursuant to section 170.55 or 170.56 of the crimi- 34 nal procedure law, or by a youthful offender adjudication, as defined in 35 subdivision one of section 720.35 of the criminal procedure law, or by a 36 conviction for a violation sealed pursuant to section 160.55 of the 37 criminal procedure law, or by a conviction which is sealed pursuant to 38 section 160.58 or 160.59 of the criminal procedure law. The provisions 39 of this subdivision shall not apply to the licensing activities of 40 governmental bodies in relation to the regulation of guns, firearms and 41 other deadly weapons or in relation to an application for employment as 42 a police officer or peace officer as those terms are defined in subdivi- 43 sions thirty-three and thirty-four of section 1.20 of the criminal 44 procedure law; provided further that the provisions of this subdivision 45 shall not apply to an application for employment or membership in any 46 law enforcement agency with respect to any arrest or criminal accusation 47 which was followed by a youthful offender adjudication, as defined in 48 subdivision one of section 720.35 of the criminal procedure law, or by a 49 conviction for a violation sealed pursuant to section 160.55 of the 50 criminal procedure law, or by a conviction which is sealed pursuant to 51 section 160.58 or 160.59 of the criminal procedure law. For purposes of 52 this subdivision, an action which has been adjourned in contemplation of 53 dismissal, pursuant to section 170.55 or 170.56 of the criminal proce- 54 dure law, shall not be considered a pending action, unless the case has 55 been restored to the calendar.S. 1505 181 A. 2005 1 § 3. This act shall take effect on the ninetieth day after it shall 2 have become a law. 3 SUBPART P 4 Section 1. The executive law is amended by adding a new section 259-t 5 to read as follows: 6 § 259-t. Release on compassionate parole for inmates who are affected 7 by an age-related debility. 1. (a) The board shall have the power to 8 release on compassionate parole any inmate who is at least fifty-five 9 years of age, serving an indeterminate or determinate sentence of impri- 10 sonment who, pursuant to subdivision two of this section, has been 11 certified to be suffering from a chronic or serious condition, disease, 12 syndrome, or infirmity, exacerbated by age, that has rendered the inmate 13 so physically or cognitively debilitated or incapacitated that the abil- 14 ity to provide self-care within the environment of a correctional facil- 15 ity is substantially diminished, provided, however, that no inmate serv- 16 ing a sentence imposed upon a conviction for murder in the first degree, 17 aggravated murder or an attempt or conspiracy to commit murder in the 18 first degree or aggravated murder or a sentence of life without parole 19 shall be eligible for such release, and provided further that no inmate 20 shall be eligible for such release unless in the case of an indetermi- 21 nate sentence he or she has served at least one-half of the minimum 22 period of the sentence and in the case of a determinate sentence he or 23 she has served at least one-half of the term of his or her determinate 24 sentence. Solely for the purpose of determining compassionate parole 25 eligibility pursuant to this section, such one-half of the minimum peri- 26 od of the indeterminate sentence and one-half of the term of the deter- 27 minate sentence shall not be credited with any time served under the 28 jurisdiction of the department prior to the commencement of such 29 sentence pursuant to the opening paragraph of subdivision one of section 30 70.30 of the penal law or subdivision two-a of section 70.30 of the 31 penal law, except to the extent authorized by subdivision three of 32 section 70.30 of the penal law. 33 (b) Such release shall be granted only after the board considers 34 whether, in light of the inmate's condition, there is a reasonable prob- 35 ability that the inmate, if released, will live and remain at liberty 36 without violating the law, and that such release is not incompatible 37 with the welfare of society and will not so deprecate the seriousness of 38 the crime as to undermine respect for the law, and shall be subject to 39 the limits and conditions specified in subdivision four of this section. 40 In making this determination, the board shall consider: (i) the factors 41 described in subdivision two of section two hundred fifty-nine-i of this 42 article; (ii) the nature of the inmate's conditions, diseases, syndromes 43 or infirmities and the level of care; (iii) the amount of time the 44 inmate must serve before becoming eligible for release pursuant to 45 section two hundred fifty-nine-i of this article; (iv) the current age 46 of the inmate and his or her age at the time of the crime; and (v) any 47 other relevant factor. 48 (c) The board shall afford notice to the sentencing court, the 49 district attorney, the attorney for the inmate and, where necessary 50 pursuant to subdivision two of section two hundred fifty-nine-i of this 51 article, the crime victim, that the inmate is being considered for 52 release pursuant to this section and the parties receiving notice shall 53 have thirty days to comment on the release of the inmate. Release onS. 1505 182 A. 2005 1 compassionate parole shall not be granted until the expiration of the 2 comment period provided for in this paragraph. 3 2. (a) The commissioner, on the commissioner's own initiative or at 4 the request of an inmate, or an inmate's spouse, relative or attorney, 5 may, in the exercise of the commissioner's discretion, direct that an 6 investigation be undertaken to determine whether an assessment should be 7 made of an inmate who appears to be suffering from chronic or serious 8 conditions, diseases, syndromes or infirmities, exacerbated by advanced 9 age that has rendered the inmate so physically or cognitively debili- 10 tated or incapacitated that the ability to provide self-care within the 11 environment of a correctional facility is substantially diminished. Any 12 such medical assessment shall be made by a physician licensed to prac- 13 tice medicine in this state pursuant to section sixty-five hundred twen- 14 ty-four of the education law. Such physician shall either be employed by 15 the department, shall render professional services at the request of the 16 department, or shall be employed by a hospital or medical facility used 17 by the department for the medical treatment of inmates. The assessment 18 shall be reported to the commissioner by way of the deputy commissioner 19 for health services or the chief medical officer of the facility and 20 shall include but shall not be limited to a description of the condi- 21 tions, diseases or syndromes suffered by the inmate, a prognosis 22 concerning the likelihood that the inmate will not recover from such 23 conditions, diseases or syndromes, a description of the inmate's phys- 24 ical or cognitive incapacity which shall include a prediction respecting 25 the likely duration of the incapacity, and a statement by the physician 26 of whether the inmate is so debilitated or incapacitated as to be 27 severely restricted in his or her ability to self-ambulate or to perform 28 significant activities of daily living. This assessment also shall 29 include a recommendation of the type and level of services and level of 30 care the inmate would require if granted compassionate parole and a 31 recommendation for the types of settings in which the services and 32 treatment should be given. 33 (b) The commissioner, or the commissioner's designee, shall review the 34 assessment and may certify that the inmate is suffering from a chronic 35 or serious condition, disease, syndrome or infirmity, exacerbated by 36 age, that has rendered the inmate so physically or cognitively debili- 37 tated or incapacitated that the ability to provide self-care within the 38 environment of a correctional facility is substantially diminished. If 39 the commissioner does not so certify then the inmate shall not be 40 referred to the board for consideration for release on compassionate 41 parole. If the commissioner does so certify, then the commissioner 42 shall, within seven working days of receipt of such assessment, refer 43 the inmate to the board for consideration for release on compassionate 44 parole. However, an inmate will not be referred to the board of parole 45 with diseases, conditions, syndromes or infirmities that pre-existed 46 incarceration unless certified by a physician that such diseases, condi- 47 tions, syndromes or infirmities, have progressed to render the inmate so 48 physically or cognitively debilitated or incapacitated that the ability 49 to provide self-care within the environment of a correctional facility 50 is substantially diminished. 51 3. Any certification by the commissioner or the commissioner's desig- 52 nee pursuant to this section shall be deemed a judicial function and 53 shall not be reviewable if done in accordance with law. 54 4. (a) Once an inmate is released on compassionate parole, that 55 releasee will then be supervised by the department pursuant to paragraphS. 1505 183 A. 2005 1 (b) of subdivision two of section two hundred fifty-nine-i of this arti- 2 cle. 3 (b) The board may require as a condition of release on compassionate 4 parole that the releasee agree to remain under the care of a physician 5 while on compassionate parole and in a hospital established pursuant to 6 article twenty-eight of the public health law, nursing home established 7 pursuant to article twenty-eight-a of the public health law, a hospice 8 established pursuant to article forty of the public health law or any 9 other placement, including a residence with family or others, that can 10 provide appropriate medical and other necessary compassionate care as 11 recommended by the medical assessment required by subdivision two of 12 this section. For those who are released pursuant to this subdivision, a 13 discharge plan shall be completed and state that the availability of the 14 placement has been confirmed, and by whom. Notwithstanding any other 15 provision of law, when an inmate who qualifies for release under this 16 section is cognitively incapable of signing the requisite documentation 17 to effectuate the discharge plan and, after a diligent search no person 18 has been identified who could otherwise be appointed as the inmate's 19 guardian by a court of competent jurisdiction, then, solely for the 20 purpose of implementing the discharge plan, the facility health services 21 director at the facility where the inmate is currently incarcerated 22 shall be lawfully empowered to act as the inmate's guardian for the 23 purpose of effectuating the discharge. 24 (c) Where appropriate, the board shall require as a condition of 25 release that compassionate parolees be supervised on intensive caseloads 26 at reduced supervision ratios. 27 5. A denial of release on compassionate parole shall not preclude the 28 inmate from reapplying for compassionate parole or otherwise affect an 29 inmate's eligibility for any other form of release provided for by law. 30 6. To the extent that any provision of this section requires disclo- 31 sure of medical information for the purpose of processing an application 32 or making a decision, regarding release on compassionate parole or for 33 the purpose of appropriately supervising a person released on compas- 34 sionate parole, and that such disclosure would otherwise be prohibited 35 by article twenty-seven-f of the public health law, the provisions of 36 this section shall be controlling. 37 7. The commissioner and the chair of the board shall be authorized to 38 promulgate rules and regulations for their respective agencies to imple- 39 ment the provisions of this section. 40 8. Any decision made by the board pursuant to this section may be 41 appealed pursuant to subdivision four of section two hundred fifty- 42 nine-i of this article. 43 9. The chair of the board shall report annually to the governor, the 44 temporary president of the senate and the speaker of the assembly, the 45 chairpersons of the assembly and senate codes committees, the chair- 46 person of the senate crime and corrections committee, and the chair- 47 person of the assembly corrections committee the number of inmates who 48 have applied for compassionate parole under this section; the number who 49 have been granted compassionate parole; the nature of the illness of the 50 applicants, the counties to which they have been released and the nature 51 of the placement pursuant to the discharge plan; the categories of 52 reasons for denial for those who have been denied; the number of releas- 53 ees on compassionate parole who have been returned to imprisonment in 54 the custody of the department and the reasons for return. 55 § 2. This act shall take effect April 1, 2019.S. 1505 184 A. 2005 1 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 2 sion, section or part of this act shall be adjudged by any court of 3 competent jurisdiction to be invalid, such judgment shall not affect, 4 impair, or invalidate the remainder thereof, but shall be confined in 5 its operation to the clause, sentence, paragraph, subdivision, section 6 or part thereof directly involved in the controversy in which such judg- 7 ment shall have been rendered. It is hereby declared to be the intent of 8 the legislature that this act would have been enacted even if such 9 invalid provisions had not been included herein. 10 § 3. This act shall take effect immediately provided, however, that 11 the applicable effective date of Subparts A through P of this act shall 12 be as specifically set forth in the last section of such Subparts. 13 PART JJ 14 Section 1. Section 2 of the correction law is amended by adding four 15 new subdivisions 32, 33, 34 and 35 to read as follows: 16 32. "Special populations" means any person: (a) who is an adolescent 17 offender that is confined in an adolescent offender facility; or (b) who 18 is pregnant, or in the first eight weeks of post partum recovery period 19 after giving birth. 20 33. "Residential rehabilitation unit" means a housing unit used for 21 treatment and rehabilitative programming of incarcerated individuals who 22 have been determined to require more than ninety days of segregated 23 confinement on and after April first, two thousand twenty-one; more than 24 sixty days of segregated confinement on and after October first, two 25 thousand twenty-one; and more than thirty days of segregated confinement 26 on and after April first, two thousand twenty-two or who have been 27 deemed by the deputy commissioner for correctional facilities or his or 28 her designee to be an unreasonable risk to safety and security of staff, 29 incarcerated individuals or the facility. 30 34. "Step down unit" means a housing unit used for the progressive 31 programming of incarcerated individuals with a violent history or a 32 substance abuse history that has led to long-term periods of segregated 33 confinement in order to prepare them for return to general population or 34 the community. 35 35. "Adolescent offender separation unit" means a housing unit used 36 for adolescent offenders housed in an adolescent offender facility that 37 receive a disciplinary confinement sanction or who have been deemed by 38 the superintendent to be an unreasonable risk to the safety and security 39 of staff, incarcerated individuals or the facility. 40 § 2. Subdivision 6 of section 137 of the correction law is amended by 41 adding ten new paragraphs (g), (h), (i), (j), (k), (l), (m), (n), (o) 42 and (p) to read as follows: 43 (g) Incarcerated individuals in special populations as defined in 44 subdivision thirty-two of section two of this chapter shall not be 45 placed in segregated confinement for any length of time. 46 (h) No incarcerated individual may be placed in segregated confinement 47 for longer than necessary and no more than ninety days of segregated 48 confinement on and after April first, two thousand twenty-one; no more 49 than sixty days of segregated confinement on and after October first, 50 two thousand twenty-one; and no more than thirty days of segregated 51 confinement on and after April first, two thousand twenty-two. Upon 52 reaching this limit, he or she must be released from segregated confine- 53 ment or diverted to a residential rehabilitation unit or step down unit. 54 Such admission to a residential rehabilitation unit or step down unitS. 1505 185 A. 2005 1 shall occur as expeditiously as possible and in no case take longer than 2 seventy-two hours from the time transfer should occur. 3 (i) Persons admitted to a residential rehabilitation unit shall be 4 offered at least five hours of out-of-cell programming, activities, or 5 recreation four days per week, excluding holidays, and at least two 6 hours of recreation on the remaining days. 7 (i) Such incarcerated individuals in a residential rehabilitation unit 8 shall have access to out-of-cell programs and activities that promote 9 personal development and group engagement, addressing underlying causes 10 of problematic behavior resulting in placement in segregated confinement 11 or a residential rehabilitation unit, and helping prepare for discharge 12 from the unit to general confinement or the community. 13 (ii) Persons in a residential rehabilitation unit shall have the 14 opportunity to earn additional privileges under a progressive movement 15 system. 16 (iii) Upon admission to a residential rehabilitation unit, a program 17 management team shall develop an individual rehabilitation plan in 18 consultation with the incarcerated individual based upon his or her 19 programming needs. Such plan shall identify specific goals and program 20 to be offered, including discharge from the residential rehabilitation 21 unit or recommendations to transition to a step down unit. 22 (iv) The program management team will conduct ongoing reviews of the 23 incarcerated individual, and if appropriate, have the ability to recom- 24 mend continuation in the residential rehabilitation unit beyond the 25 individuals length of disciplinary sanction. 26 (v) If the incarcerated individual is maintained in the residential 27 rehabilitation unit beyond the length of the disciplinary sanction 28 imposed, or is placed there as a result of the deputy commissioner for 29 correctional facility or his or her designee's determination of an 30 unreasonable risk to safety and security or staff, incarcerated individ- 31 uals or the facility, there shall be a periodic review of the status of 32 each incarcerated person at least every sixty days to assess the 33 person's progress and determine if the person should be discharged from 34 the unit. 35 (j) Persons may be admitted to a step down unit from either segregated 36 confinement or a residential rehabilitation unit. 37 (i) Persons admitted to a step down unit shall participate in a 38 multi-phase progressive program. Incarcerated individuals will progress 39 through the program, earning fewer restrictions and increased incen- 40 tives, as they meet benchmarks and individual goals. 41 (ii) Such incarcerated individuals will be offered at least five hours 42 of out-of-cell programming, activities and recreation four days per 43 week, excluding holidays, and at least two hours of recreation on the 44 remaining days. 45 (iii) When an incarcerated person is discharged from a step down unit, 46 any remaining time to serve on any underlying disciplinary sanction 47 shall be held in abeyance for a period of no more than six months. 48 (iv) Persons in a step down unit shall have the opportunity to earn 49 additional privileges under a progressive movement system. 50 (k) Persons admitted to an adolescent offender separation unit shall 51 be offered at least five hours of out-of-cell programming, activities 52 and recreation four days per week, excluding holidays, and at least two 53 hours of recreation on the remaining days. 54 (i) Persons in an adolescent offender separation unit shall have the 55 opportunity to earn additional privileges under a progressive movement 56 system.S. 1505 186 A. 2005 1 (ii) If the incarcerated individual is maintained in the adolescent 2 offender separation unit beyond the length of the disciplinary sanction 3 imposed, or is placed there as a result of the deputy commissioner for 4 correctional facility or designees determination of an unreasonable risk 5 to safety and security of staff, incarcerated individuals or the facili- 6 ty, there shall be a periodic review of the status of each incarcerated 7 person at least every sixty days to assess the person's progress and 8 determine if the person should be discharged from the unit. 9 (l) All staff assigned to segregated confinement, residential rehabil- 10 itation, step down or adolescent offender separation unit shall receive 11 specialized training in dealing with this population, to include inter- 12 personal communication skills, de-escalation techniques and implicit 13 bias. 14 (m) The superintendent of the institution maintains the right to 15 restrict employees from working on a segregated confinement, residential 16 rehabilitation, step down or adolescent offender separation unit if it 17 is in the best interest of the overall safety and security of the insti- 18 tution, staff or incarcerated individuals. 19 (n) Prior to presiding over a superintendent hearing, all hearing 20 officers shall receive hearing officers training on relevant topics, 21 including implicit bias. 22 (o) The department shall publish monthly reports on its website of the 23 total number of incarcerated individuals who are in segregated confine- 24 ment, the total number of incarcerated individuals who are in a residen- 25 tial rehabilitation unit and the total number of incarcerated individ- 26 uals in a step down unit, and the total number of incarcerated 27 individuals in an adolescent offender separation unit on the first day 28 of each month. 29 (p) The department shall publish an annual cumulative report of the 30 total number of incarcerated individuals who were in segregated confine- 31 ment, the total number of incarcerated individuals who were in a resi- 32 dential rehabilitation unit and the total number of incarcerated indi- 33 viduals who were in a step down unit for the preceding year. The annual 34 report shall include the average length of stay in each of the units. 35 § 3. Clauses (A) and (B) of subparagraph (ii) of paragraph (d) of 36 subdivision 6 of section 137 of the correction law, as added by chapter 37 1 of the laws of 2008, are amended to read as follows: 38 (A) Upon placement of an inmate into segregated confinement, a resi- 39 dential rehabilitation unit, step down unit or adolescent offender sepa- 40 ration unit, at a level one or level two facility, a suicide prevention 41 screening instrument shall be administered by staff from the department 42 or the office of mental health who has been trained for that purpose. If 43 such a screening instrument reveals that the inmate is at risk of 44 suicide, a mental health clinician shall be consulted and appropriate 45 safety precautions shall be taken. Additionally, within one business day 46 of the placement of such an inmate into segregated confinement, a resi- 47 dential rehabilitation unit, step down unit or adolescent offender sepa- 48 ration unit, at a level one or level two facility, the inmate shall be 49 assessed by a mental health clinician. 50 (B) Upon placement of an inmate into segregated confinement, a resi- 51 dential rehabilitation unit, step down unit or adolescent offender sepa- 52 ration unit, at a level three or level four facility, a suicide 53 prevention screening instrument shall be administered by staff from the 54 department or the office of mental health who has been trained for that 55 purpose. If such a screening instrument reveals that the inmate is at 56 risk of suicide, a mental health clinician shall be consulted and appro-S. 1505 187 A. 2005 1 priate safety precautions shall be taken. All inmates placed in segre- 2 gated confinement, a residential rehabilitation unit, step down unit or 3 adolescent offender separation unit, at a level three or level four 4 facility shall be assessed by a mental health clinician, within fourteen 5 days of such placement into segregated confinement, a residential reha- 6 bilitation unit, step down unit or adolescent offender separation unit. 7 § 4. This act shall take effect immediately; provided, however, that 8 no incarcerated individual may be placed in segregated confinement for 9 longer than necessary and: 10 1. effective on and after April 1, 2021, no more than ninety days of 11 segregated confinement; 12 2. effective on and after October 1, 2021, no more than sixty days of 13 segregated confinement; and 14 3. effective on and after April 1, 2022, no more than thirty days of 15 segregated confinement. 16 PART KK 17 Section 1. Section 60.05 of the penal law is amended by adding a new 18 subdivision 8 to read as follows: 19 8. Shock incarceration participation. (a) When the court imposes a 20 determinate sentence of imprisonment pursuant to subdivision three of 21 section 70.02 of this chapter or subdivision six of section 70.06 of 22 this chapter upon a person who stands convicted either of burglary in 23 the second degree as defined in subdivision two of section 140.25 of 24 this chapter or robbery in the second degree as defined in subdivision 25 one of section 160.10 of this chapter, or an attempt thereof, upon 26 motion of the defendant, the court may issue an order directing that the 27 department of corrections and community supervision enroll the defendant 28 in the shock incarceration program as defined in article twenty-six-A of 29 the correction law, provided that the defendant is an eligible inmate, 30 as described in subdivision one of section eight hundred sixty-five of 31 the correction law. Notwithstanding the foregoing provisions of this 32 subdivision, any defendant to be enrolled in such program pursuant to 33 this subdivision shall be governed by the same rules and regulations 34 promulgated by the department of corrections and community supervision, 35 including without limitation those rules and regulations establishing 36 requirements for completion and such rules and regulations governing 37 discipline and removal from the program. 38 (b) Paragraph (b) of subdivision seven of section 60.04 of this arti- 39 cle shall apply in the event an inmate designated by court order for 40 enrollment in the shock incarceration program requires a degree of 41 medical care or mental health care that cannot be provided at a shock 42 incarceration facility. 43 § 2. Subdivision 1 of section 865 of the correction law, as amended by 44 chapter 377 of the laws of 2010, is amended to read as follows: 45 1. "Eligible inmate" means a person sentenced to an indeterminate term 46 of imprisonment who will become eligible for release on parole within 47 three years or sentenced to a determinate term of imprisonment who will 48 become eligible for conditional release within three years, who has not 49 reached the age of fifty years, who has not previously been convicted of 50 a violent felony as defined in article seventy of the penal law, or a 51 felony in any other jurisdiction which includes all of the essential 52 elements of any such violent felony, upon which an indeterminate or 53 determinate term of imprisonment was imposed and who was between the 54 ages of sixteen and fifty years at the time of commission of the crimeS. 1505 188 A. 2005 1 upon which his or her present sentence was based. Notwithstanding the 2 foregoing, no person who is convicted of any of the following crimes 3 shall be deemed eligible to participate in this program: (a) a violent 4 felony offense as defined in article seventy of the penal law[,] ; 5 provided, however, that a person who is convicted of burglary in the 6 second degree as defined in subdivision two of section 140.25 of the 7 penal law, or robbery in the second degree as defined in subdivision one 8 of section 160.10 of the penal law, or an attempt thereof, and for whom 9 the sentencing court has issued an order pursuant to subdivision eight 10 of section 60.05 of the penal law enrolling such person in the shock 11 incarceration program, is eligible to participate, (b) an A-I felony 12 offense, (c) any homicide offense as defined in article one hundred 13 twenty-five of the penal law, (d) any felony sex offense as defined in 14 article one hundred thirty of the penal law and (e) any escape or 15 absconding offense as defined in article two hundred five of the penal 16 law. 17 § 3. This act shall take effect on September 1, 2019. 18 PART LL 19 Section 1. Section 57 of the civil service law, as added by chapter 83 20 of the laws of 1963, is amended to read as follows: 21 § 57. Continuous recruitment for certain positions. Notwithstanding 22 any other provisions of this chapter or any other law, the civil service 23 department or a municipal commission may establish a continuing eligible 24 list for any class of positions for which it finds [inadequate numbers25of well qualified persons available for recruitment] such lists appro- 26 priate. Names of eligibles shall be inserted in such list from time to 27 time as applicants are tested and found qualified in examinations held 28 at such intervals as may be prescribed by the civil service department 29 or municipal commission having jurisdiction. Such successive examina- 30 tions shall, so far as practicable, be constructed and rated so as to be 31 equivalent tests of the merit and fitness of candidates. The name of any 32 candidate who passes any such examination and who is otherwise qualified 33 shall be placed on the continuing eligible list in the rank correspond- 34 ing to his final rating on such examination. The period of eligibility 35 of successful candidates for certification and appointment from such 36 continuing eligible list, as a result of any such examination, shall be 37 fixed by the civil service department or municipal commission but, 38 except as a list may reach an announced terminal date, such period shall 39 not be less than one year; nor shall such period of eligibility exceed 40 four years. Subject to such conditions and limitations as the civil 41 service department or municipal commission may prescribe, a candidate 42 may take more than one such examination; provided, however, that no such 43 candidate shall be certified simultaneously with more than one rank on 44 the continuing eligible list. With respect to any candidate who applies 45 for and is granted additional credit in any such examination as a disa- 46 bled or non-disabled veteran, and for the limited purpose of granting 47 such additional credit, the eligible list shall be deemed to be estab- 48 lished on the date on which his name is added thereto. 49 § 2. This act shall take effect immediately. 50 PART MMS. 1505 189 A. 2005 1 Section 1. Subdivision 11 of section 52 of the civil service law, as 2 amended by chapter 214 of the laws of 1989, is amended to read as 3 follows: 4 11. Notwithstanding any other provision of law, the state [department5of] civil service department may, for titles designated by it, extend to 6 employees in the state service who are holding or who have held a posi- 7 tion in the non-competitive or labor class of such service the same 8 opportunity as employees in the competitive class to take promotion 9 examinations [if such examinations are to be held in conjunction with10open competitive examinations]. 11 § 2. This act shall take effect immediately. 12 PART NN 13 Section 1. Paragraph (a) of subdivision 2 of section 121 of the civil 14 service law, as added by chapter 790 of the laws of 1958, is amended to 15 read as follows: 16 (a) Notwithstanding the provisions of paragraph (b) of this subdivi- 17 sion, the annual salary of any position, compensable on an annual basis, 18 which is classified or reclassified, or which is allocated or reallo- 19 cated to a salary grade pursuant to the provisions of this article shall 20 not be reduced for the then [permanent] incumbent by reason of any 21 provision of this article [so long as such position is held by the then22permanent incumbent]. 23 § 2. This act shall take effect immediately. 24 PART OO 25 Section 1. Subdivision 1 of section 70.15 of the penal law, as amended 26 by chapter 291 of the laws of 1993, is amended to read as follows: 27 1. Class A misdemeanor. A sentence of imprisonment for a class A 28 misdemeanor shall be a definite sentence. When such a sentence is 29 imposed the term shall be fixed by the court, and shall not exceed [one30year] three hundred sixty-four days; provided, however, that a sentence 31 of imprisonment imposed upon a conviction of criminal possession of a 32 weapon in the fourth degree as defined in subdivision one of section 33 265.01 must be for a period of no less than [one year] three hundred 34 sixty-four days when the conviction was the result of a plea of guilty 35 entered in satisfaction of an indictment or any count thereof charging 36 the defendant with the class D violent felony offense of criminal 37 possession of a weapon in the third degree as defined in subdivision 38 four of section 265.02, except that the court may impose any other 39 sentence authorized by law upon a person who has not been previously 40 convicted in the five years immediately preceding the commission of the 41 offense for a felony or a class A misdemeanor defined in this chapter, 42 if the court having regard to the nature and circumstances of the crime 43 and to the history and character of the defendant, finds on the record 44 that such sentence would be unduly harsh and that the alternative 45 sentence would be consistent with public safety and does not deprecate 46 the seriousness of the crime. 47 § 2. Section 70.15 of the penal law is amended by adding a new subdi- 48 vision 1-a to read as follows: 49 1-a. (a) Notwithstanding the provisions of any other law, whenever the 50 phrase "one year" or "three hundred sixty-five days" or "365 days" or 51 any similar phrase appears in any provision of this chapter or any other 52 law in reference to the definite sentence or maximum definite sentenceS. 1505 190 A. 2005 1 of imprisonment that is imposed, or has been imposed, or may be imposed 2 after the effective date of this subdivision, for a misdemeanor 3 conviction in this state, such phrase shall mean, be interpreted and be 4 applied as three hundred sixty-four days. 5 (b) The amendatory provisions of this subdivision are ameliorative and 6 shall apply to all persons who are sentenced before, on or after the 7 effective date of this subdivision, for a crime committed before, on or 8 after the effective date of this subdivision. 9 (c) Any sentence for a misdemeanor conviction imposed prior to the 10 effective date of this subdivision that is a definite sentence of impri- 11 sonment of one year, or three hundred sixty-five days, shall, by opera- 12 tion of law, be changed to, mean and be interpreted and applied as a 13 sentence of three hundred sixty-four days. In addition to any other 14 right of a person to obtain a record of a proceeding against him or her, 15 a person so sentenced prior to the effective date of this subdivision 16 shall be entitled to obtain, from the criminal court or the clerk there- 17 of, a certificate of conviction, as described in subdivision one of 18 section 60.60 of the criminal procedure law, setting forth such sentence 19 as the sentence specified in this paragraph. 20 § 3. This act shall take effect immediately. 21 PART PP 22 Section 1. The opening paragraph and paragraph (a) of subdivision 1 of 23 section 1311 of the civil practice law and rules, the opening paragraph 24 as amended by chapter 655 of the laws of 1990 and paragraph (a) as added 25 by chapter 669 of the laws of 1984, are amended to read as follows: 26 A civil action may be commenced by the appropriate claiming authority 27 against a criminal defendant to recover the property which constitutes 28 the proceeds of a crime, the substituted proceeds of a crime, an instru- 29 mentality of a crime or the real property instrumentality of a crime [or30to recover a money judgment in an amount equivalent in value to the31property which constitutes the proceeds of a crime, the substituted32proceeds of a crime, an instrumentality of a crime, or the real property33instrumentality of a crime]. A civil action may be commenced against a 34 non-criminal defendant to recover the property which constitutes the 35 proceeds of a crime, the substituted proceeds of a crime, an instrumen- 36 tality of a crime, or the real property instrumentality of a crime 37 provided, however, that a judgment of forfeiture predicated upon clause 38 (A) of subparagraph (iv) of paragraph (b) of subdivision three [hereof] 39 of this section shall be limited to the amount of the proceeds of the 40 crime. Any action under this article must be commenced within five years 41 of the commission of the crime and shall be civil, remedial, and in 42 personam in nature and shall not be deemed to be a penalty or criminal 43 forfeiture for any purpose. Except as otherwise specially provided by 44 statute, the proceedings under this article shall be governed by this 45 chapter. An action under this article is not a criminal proceeding and 46 may not be deemed to be a previous prosecution under article forty of 47 the criminal procedure law. 48 (a) Actions relating to post-conviction forfeiture crimes. An action 49 relating to a post-conviction forfeiture crime must be grounded upon a 50 conviction of a felony defined in subdivision five of section one thou- 51 sand three hundred ten of this article[, or upon criminal activity aris-52ing from a common scheme or plan of which such a conviction is a part,] 53 or upon a count of an indictment or information alleging a felony which 54 was dismissed at the time of a plea of guilty to a felony in satisfac-S. 1505 191 A. 2005 1 tion of such count. A court may not grant forfeiture until such 2 conviction has occurred. However, an action may be commenced, and a 3 court may grant a provisional remedy provided under this article, prior 4 to such conviction having occurred. An action under this paragraph must 5 be dismissed at any time after sixty days of the commencement of the 6 action unless the conviction upon which the action is grounded has 7 occurred, or an indictment or information upon which the asserted 8 conviction is to be based is pending in a superior court. An action 9 under this paragraph shall be stayed during the pendency of a criminal 10 action which is related to it; provided, however, that such stay shall 11 not prevent the granting or continuance of any provisional remedy 12 provided under this article or any other provisions of law. 13 § 2. The civil practice law and rules is amended by adding a new 14 section 1311-b to read as follows: 15 § 1311-b. Money judgment. If a claiming authority obtains a forfeiture 16 judgment against a defendant for the proceeds, substituted proceeds, 17 instrumentality of a crime or real property instrumentality of a crime, 18 but is unable to locate all or part of any such property, the claiming 19 authority may apply to the court for a money judgment against the 20 defendant in the amount of the value of the forfeited property that 21 cannot be located. The defendant shall have the right to challenge the 22 valuation of any property that is the basis for such an application. The 23 claiming authority shall have the burden of establishing the value of 24 the property under this section by a preponderance of the evidence. 25 § 3. Subdivisions 1, 3 and 4 of section 1312 of the civil practice law 26 and rules, subdivision 1 as added by chapter 669 of the laws of 1984, 27 subdivision 3 as amended and subdivision 4 as added by chapter 655 of 28 the laws of 1990, are amended to read as follows: 29 1. The provisional remedies of attachment, injunction, receivership 30 and notice of pendency provided for herein, shall be available in all 31 actions to recover property [or for a money judgment] under this arti- 32 cle. 33 3. A court may grant an application for a provisional remedy when it 34 determines that: (a) there is a substantial probability that the claim- 35 ing authority will be able to demonstrate at trial that the property is 36 the proceeds, substituted proceeds, instrumentality of the crime or real 37 property instrumentality of the crime, that the claiming authority will 38 prevail on the issue of forfeiture, and that failure to enter the order 39 may result in the property being destroyed, removed from the jurisdic- 40 tion of the court, or otherwise be unavailable for forfeiture; (b) the 41 need to preserve the availability of the property through the entry of 42 the requested order outweighs the hardship on any party against whom the 43 order may operate; and (c) in an action relating to real property, that 44 entry of the requested order will not substantially diminish, impair, or 45 terminate the lawful property interest in such real property of any 46 person or persons other than the defendant or defendants. 47 4. Upon motion of any party against whom a provisional remedy granted 48 pursuant to this article is in effect, the court may issue an order 49 modifying or vacating such provisional remedy if necessary to permit the 50 moving party to obtain funds for the payment of reasonable living 51 expenses, other costs or expenses related to the maintenance, operation, 52 or preservation of property which is the subject of any such provisional 53 remedy or reasonable and bona fide attorneys' fees and expenses for the 54 representation of the defendant in the forfeiture proceeding or in a 55 related criminal matter relating thereto, payment for which is not 56 otherwise available from assets of the defendant which are not subjectS. 1505 192 A. 2005 1 to such provisional remedy. Any such motion shall be supported by an 2 affidavit establishing the unavailability of other assets of the moving 3 party which are not the subject of such provisional remedy for payment 4 of such expenses or fees. That funds sought to be released under this 5 subdivision are alleged to be the proceeds, substituted proceeds, 6 instrumentality of a crime or real property instrumentality of a crime 7 shall not be a factor for the court in considering and determining a 8 motion made pursuant to this subdivision. 9 § 4. The opening paragraph of subdivision 2 of section 1349 of the 10 civil practice law and rules, as added by chapter 655 of the laws of 11 1990, is amended to read as follows: 12 If any other provision of law expressly governs the manner of disposi- 13 tion of property subject to the judgment or order of forfeiture, that 14 provision of law shall be controlling, with the exception that, notwith- 15 standing the provisions of any other law, all forfeited monies and 16 proceeds from forfeited property shall be deposited into and disbursed 17 from an asset forfeiture escrow fund established pursuant to section 18 six-v of the general municipal law, which shall govern the maintenance 19 of such monies and proceeds from forfeited property. Upon application 20 by a claiming agent for reimbursement of moneys directly expended by a 21 claiming agent in the underlying criminal investigation for the purchase 22 of contraband which were converted into a non-monetary form or which 23 have not been otherwise recovered, the court shall direct such 24 reimbursement from money forfeited pursuant to this article. Upon appli- 25 cation of the claiming agent, the court may direct that any vehicles, 26 vessels or aircraft forfeited pursuant to this article be retained by 27 the claiming agent for law enforcement purposes, unless the court deter- 28 mines that such property is subject to a perfected lien, in which case 29 the court may not direct that the property be retained unless all such 30 liens on the property to be retained have been satisfied or pursuant to 31 the court's order will be satisfied. In the absence of an application by 32 the claiming agent, the claiming authority may apply to the court to 33 retain such property for law enforcement purposes. Upon such applica- 34 tion, the court may direct that such property be retained by the claim- 35 ing authority for law enforcement purposes, unless the court determines 36 that such property is subject to a perfected lien. If not so retained, 37 the judgment or order shall direct the claiming authority to sell the 38 property in accordance with article fifty-one of this chapter, and that 39 the proceeds of such sale and any other moneys realized as a consequence 40 of any forfeiture pursuant to this article shall be deposited to an 41 asset forfeiture escrow fund established pursuant to section six-v of 42 the general municipal law and shall be apportioned and paid in the 43 following descending order of priority: 44 § 5. Section 1349 of the civil practice law and rules is amended by 45 adding a new subdivision 5 to read as follows: 46 5. Monies and proceeds from the sale of property realized as a conse- 47 quence of any forfeiture distributed to the claiming agent or claiming 48 authority of any county, town, city, or village of which the claiming 49 agent or claiming authority is a part, shall be deposited to an asset 50 forfeiture escrow fund established pursuant to section six-v of the 51 general municipal law. 52 § 6. Subdivision 2 of section 700 of the county law is amended to read 53 as follows: 54 2. Within thirty days after the receipt of any fine, penalty, recovery 55 upon any recognizance, monies and proceeds from the sale of property 56 realized as a consequence of any forfeiture, or other money belonging toS. 1505 193 A. 2005 1 the county, the district attorney or the claiming authority shall pay 2 the same to the county treasurer. Not later than the first day of Febru- 3 ary in each year, the district attorney shall make in duplicate a veri- 4 fied true statement of all such moneys received and paid to the county 5 treasurer during the preceding calendar year and at that time shall pay 6 to the county treasurer any balance due. One statement shall be 7 furnished to the county treasurer [and the other], one to the clerk of 8 the board of supervisors and one to the state comptroller. A district 9 attorney who is not re-elected shall make and file the verified state- 10 ment and pay any balance of such moneys to the county treasurer within 11 thirty days after the expiration of his term. 12 § 7. The general municipal law is amended by adding a new section 6-v 13 to read as follows: 14 § 6-v. Asset forfeiture escrow fund. 1. As used in this section: 15 a. The term "governing board", insofar as it is used in reference to a 16 village, shall mean the board of trustees thereof; insofar as it is used 17 in reference to a town, shall mean the town board thereof; insofar as it 18 is used in reference to a county, shall mean the board of supervisors or 19 the county legislature thereof, as applicable; insofar as it is used in 20 reference to a city, shall mean the "legislative body" thereof, as that 21 term is defined in subdivision seven of section two of the municipal 22 home rule law. 23 b. The term "chief fiscal officer" shall mean: 24 (i) In the case of counties operating under (1) an alternative form of 25 county government or charter enacted as a state statute or adopted under 26 the alternative county government law or by local law, the official 27 designated in such statute, consolidated law or local law as the chief 28 fiscal officer, or, if no such designation is made therein, the official 29 possessing powers and duties similar to those of a county treasurer 30 under the county law as shall be designated by local law. 31 (2) In the case of counties not operating under an alternative form of 32 county government or charter enacted as a state statute or adopted under 33 the alternative county government law or by local law, the treasurer, 34 except that, in the case of counties having a comptroller, it shall mean 35 the comptroller. 36 (ii) In the case of cities, the comptroller; if a city does not have a 37 comptroller, the treasurer; if a city has neither a comptroller nor a 38 treasurer, such official possessing powers and duties similar to those 39 of a city treasurer as the finance board shall, by resolution, desig- 40 nate. A certified copy of such designation shall be filed with the state 41 comptroller and shall be a public record. 42 (iii) In the case of towns, the town supervisor; if a town has more 43 than one supervisor, the presiding supervisor. 44 (iv) In the case of villages, the village treasurer. 45 c. The term "claiming authority" shall mean the district attorney 46 having jurisdiction over the offense or the attorney general for purpose 47 of those crimes for which the attorney general has criminal jurisdiction 48 in a case where the underlying criminal charge has been, is being or 49 could have been brought by the attorney general, or the appropriate 50 corporation counsel or county attorney, where such corporation counsel 51 or county attorney may act as a claiming authority only with the consent 52 of the district attorney or the attorney general, as appropriate. 53 d. The term "claiming agent" shall mean and shall include all persons 54 described in subdivision thirty-four of section 1.20 of the criminal 55 procedure law, and sheriffs, undersheriffs and deputy sheriffs of coun- 56 ties within the city of New York.S. 1505 194 A. 2005 1 2. The governing board shall authorize the establishment of an asset 2 forfeiture escrow fund for any claiming agent or claiming authority as 3 is deemed necessary for the monies and proceeds of sale of property 4 realized as a consequence of any forfeiture. The separate identity of 5 such fund shall be maintained. 6 3. There shall be paid into the asset forfeiture escrow fund all 7 proceeds realized as a consequence of any forfeiture action. Such funds 8 shall include, but are not limited to, all funds and any property (real, 9 personal, tangible and/or intangible) that are forfeited pursuant to 10 agreement or otherwise prior to, in lieu of or after the lodging of 11 criminal charges, pre-indictment, post-indictment, or after conviction 12 by plea or trial. Such funds shall also include funds that are forfeited 13 in compromise of charges that are never brought. 14 4. The monies and proceeds in the asset forfeiture escrow fund shall 15 be deposited and secured in the manner provided by section ten of this 16 article. All monies and proceeds so deposited in such fund shall be 17 kept in a separate bank account. The chief fiscal officer may invest the 18 moneys in such fund in the manner provided in section eleven of this 19 article. Any interest earned or capital gains realized on the moneys so 20 deposited or invested shall accrue to and become part of such fund. The 21 separate identity of such fund shall be maintained, whether its assets 22 consist of cash, investments, or both. 23 5. Every claim for the payment of money from the asset forfeiture 24 escrow fund shall specify the purpose of the requested payment and must 25 be accompanied by a written certification that the expenditure is in 26 compliance with all applicable laws. Payments from such fund shall be 27 made by the chief fiscal officer subject to the required certification 28 and the determination of fund sufficiency. 29 6. The chief fiscal officer, at the termination of each fiscal year, 30 shall render a detailed report of the operation and condition of the 31 asset forfeiture escrow fund to the governing board and the state comp- 32 troller. Such report shall be subject to examination and audit. The 33 chief fiscal officer may account for such fund separate and apart from 34 all other funds of the village, town, county, and city. 35 § 8. Section 1352 of the civil practice law and rules, as added by 36 chapter 669 of the laws of 1984, is amended to read as follows: 37 § 1352. Preservation of other rights and remedies. The remedies 38 provided for in this article are not intended to substitute for or limit 39 or [supercede] supersede the lawful authority of any public officer or 40 agency or other person to enforce any other right or remedy provided for 41 by law. The exercise of such lawful authority in the forfeiture of prop- 42 erty alleged to be the proceeds, substitute proceeds, instrumentality of 43 a crime or real property instrumentality of crime must include the 44 provision of a prompt opportunity to be heard for the owner of seized 45 property in order to ensure the legitimacy and the necessity of its 46 continued retention by law enforcement, as well as clear notice of dead- 47 lines for accomplishing the return of such property. 48 § 9. Subdivision 11 of section 1311 of the civil practice law and 49 rules is amended by adding a new paragraph (d) to read as follows: 50 (d) Any stipulation, settlement agreement, judgement, order or affida- 51 vit required to be given to the state division of criminal justice 52 services pursuant to this subdivision shall include the defendant's name 53 and such other demographic data as required by the state division of 54 criminal justice services.S. 1505 195 A. 2005 1 § 10. Subdivision 6 of section 220.50 of the criminal procedure law, 2 as added by chapter 655 of the laws of 1990, is amended to read as 3 follows: 4 6. Where the defendant consents to a plea of guilty to the indictment, 5 or part of the indictment, or consents to be prosecuted by superior 6 court information as set forth in section 195.20 of this chapter, and if 7 the defendant and prosecutor agree that as a condition of the plea or 8 the superior court information certain property shall be forfeited by 9 the defendant, the description and present estimated monetary value of 10 the property shall be stated in court by the prosecutor at the time of 11 plea. Within thirty days of the acceptance of the plea or superior court 12 information by the court, the prosecutor shall send to the commissioner 13 of the division of criminal justice services a document containing the 14 name of the defendant, the description and present estimated monetary 15 value of the property, any other demographic data as required by the 16 division of criminal justice services and the date the plea or superior 17 court information was accepted. Any property forfeited by the defendant 18 as a condition to a plea of guilty to an indictment, or a part thereof, 19 or to a superior court information, shall be disposed of in accordance 20 with the provisions of section thirteen hundred forty-nine of the civil 21 practice law and rules. 22 § 11. Subdivision 4 of section 480.10 of the penal law, as added by 23 chapter 655 of the laws of 1990, is amended to read as follows: 24 4. The prosecutor shall promptly file a copy of the special forfeiture 25 information, including the terms thereof, with the state division of 26 criminal justice services and with the local agency responsible for 27 criminal justice planning. Failure to file such information shall not be 28 grounds for any relief under this chapter. The prosecutor shall also 29 report such demographic data as required by the state division of crimi- 30 nal justice services when filing a copy of the special forfeiture infor- 31 mation with the state division of criminal justice services. 32 § 12. This act shall take effect on the one hundred eightieth day 33 after it shall have become a law and shall apply to crimes which were 34 committed on or after such date. 35 PART QQ 36 Section 1. The family court act is amended by adding a new article 5-C 37 to read as follows: 38 ARTICLE 5-C 39 CHILD-PARENT SECURITY ACT 40 PART 1. General provisions (581-101 - 581-103) 41 2. Judgment of parentage (581-201 - 581-205) 42 3. Child of assisted reproduction (581-301 - 581-307) 43 4. Gestational agreement (581-401 - 581-411) 44 5. Payment to donors and gestational carriers (581-501 - 581-502) 45 6. Miscellaneous provisions (581-601 - 581-604) 46 PART 1 47 GENERAL PROVISIONS 48 Section 581-101. Short title. 49 581-102. Purpose. 50 581-103. Definitions. 51 § 581-101. Short title. This article shall be known and may be cited 52 as the "child-parent security act".S. 1505 196 A. 2005 1 § 581-102. Purpose. The purpose of this article is to legally estab- 2 lish a child's relationship to his or her parents where the child is 3 conceived through collaborative reproduction. 4 § 581-103. Definitions. (a) "Assisted reproduction" means a method of 5 causing pregnancy other than sexual intercourse and includes but is not 6 limited to: 7 1. intrauterine or vaginal insemination; 8 2. donation of gametes; 9 3. donation of embryos; 10 4. in vitro fertilization and transfer of embryos; and 11 5. intracytoplasmic sperm injection. 12 (b) "Assisted reproductive technology" or "ART" is any medical or 13 scientific intervention, including, but not limited to, assisted reprod- 14 uction, provided for the purpose of achieving live birth that results 15 from assisted conception. Assisted conception means the formation of a 16 human embryo outside the body with the intent to produce a live birth. 17 (c) "Child" means a live born individual of any age whose parentage 18 may be determined under this act or other law. 19 (d) "Collaborative reproduction" involves artificial insemination with 20 donor sperm and any assisted reproduction in which an individual other 21 than the intended parent provides genetic material or agrees to act as a 22 gestational carrier. It can include, but is not limited to, (1) attempts 23 by the intended parent to create a child through means of a gestational 24 arrangement, with or without the involvement of a donor, and (2) 25 assisted reproduction involving a donor where a gestational carrier is 26 not used. 27 (e) "Compensation" means payment of any valuable consideration for 28 time, effort, pain and/or risk to health in excess of reasonable medical 29 and ancillary costs. 30 (f) "Donor" means an individual who produces gametes and provides them 31 to another person other than the individual's spouse for use in assisted 32 reproduction, whether or not for compensation, and who does not intend 33 to be a parent. Donor also includes an individual with dispositional 34 control of an embryo who provides it to another person for the purpose 35 of gestation and relinquishes all present and future parental and inher- 36 itance rights and obligations to a resulting child. 37 (g) "Embryo" means a cell or group of cells containing a diploid 38 complement of chromosomes or group of such cells, not a gamete or 39 gametes, that has the potential to develop into a live born human being 40 if transferred into the body of a woman under conditions in which 41 gestation may be reasonably expected to occur. 42 (h) "Embryo transfer" means all medical and laboratory procedures that 43 are necessary to effectuate the transfer of an embryo into the uterine 44 cavity. 45 (i) "Gamete" means a cell containing a haploid complement of DNA that 46 has the potential to form an embryo when combined with another gamete. 47 Sperm and eggs are gametes. A gamete may consist of nuclear DNA from one 48 human being combined with the cytoplasm, including cytoplasmic DNA, of 49 another human being. 50 (j) "Gestational agreement" is a contract between an intended parent 51 and a gestational carrier intended to result in a live birth where the 52 child will be the legal child of the intended parent. 53 (k) "Gestational carrier" means an adult person not an intended 54 parent, who enters into a gestational agreement to bear a child who will 55 be the legal child of the intended parent so long as she has not 56 provided the egg used to conceive the resulting child.S. 1505 197 A. 2005 1 (l) "Gestational carrier arrangement" means the process by which a 2 gestational carrier attempts to carry and give birth to a child created 3 through assisted reproduction so long as the gestational carrier has not 4 provided the egg used to conceive the resulting child. 5 (m) "Health care practitioner" means an individual licensed or certi- 6 fied under title eight of the education law acting within his or her 7 scope of practice. 8 (n) "Intended parent" is an individual who manifests the intent as 9 provided in this act to be legally bound as the parent of a child 10 resulting from assisted reproduction or collaborative reproduction. 11 (o) "In vitro fertilization" means the formation of a human embryo 12 outside the human body. 13 (p) "Parent" means an individual who has established a parent-child 14 relationship under this act or other law and includes, but is not limit- 15 ed to: (1) a child's birth parent who is not a gestational carrier or 16 the spouse of the gestational carrier; (2) a child's genetic parent who 17 is not the donor; (3) an individual who has legally adopted the child; 18 (4) an individual who is a parent of the child pursuant to a legal 19 presumption; (5) an individual who is a parent of the child pursuant to 20 an acknowledgment or judgment of parentage pursuant to article two of 21 this act or other law; (6) an individual who is a parent of the child 22 pursuant to article three or four of this act. 23 (q) "Participant" means an individual who provides a biological or 24 genetic component of assisted reproduction, an intended parent, and the 25 spouse of an intended parent or gestational carrier. Gestation is a 26 biological component within the meaning of this definition. 27 (r) "Record" means information inscribed in a tangible medium or 28 stored in an electronic or other medium that is retrievable in perceiva- 29 ble form. 30 (s) "Retrieval" means the procurement of eggs or sperm from a gamete 31 provider. 32 (t) "Spouse" means an individual married to another, or who has a 33 legal relationship entered into under the laws of the United States or 34 of any state, local or foreign jurisdiction, which is substantially 35 equivalent to a marriage, including a civil union or domestic partner- 36 ship. 37 (u) "State" means a state of the United States, the District of Colum- 38 bia, Puerto Rico, the United States Virgin Islands, or any territory or 39 insular possession subject to the jurisdiction of the United States. 40 (v) "Transfer" means the placement of an embryo or gametes into the 41 body of a woman with the intent to achieve pregnancy and live birth. 42 PART 2 43 JUDGMENT OF PARENTAGE 44 Section 581-201. Judgment of parentage. 45 581-202. Proceeding for judgment of parentage of a child born 46 through assisted reproduction. 47 581-203. Proceeding for judgment of parentage of a child born 48 pursuant to a gestational carrier arrangement. 49 581-204. Judgment of parentage for intended parents who are 50 spouses. 51 581-205. Jurisdiction. 52 § 581-201. Judgment of parentage. (a) A civil proceeding may be main- 53 tained to adjudicate the parentage of a child under the circumstances 54 set forth in this article. This proceeding is governed by the civil 55 practice law and rules.S. 1505 198 A. 2005 1 (b) A judgment of parentage may be issued prior to birth but shall not 2 become effective until the birth of the child. 3 (c) A judgment of parentage shall be issued by the court upon the 4 petition of (1) a child, or (2) a parent or a presumed parent, or (3) a 5 participant, or (4) the support/enforcement agency or other governmental 6 agency authorized by other law, or (5) a representative authorized by 7 law to act for an individual who would otherwise be entitled to maintain 8 a proceeding but who is deceased, incapacitated, or a minor, in order to 9 legally establish the child-parent relationship of either a child born 10 through assisted reproduction under part three of this article or a 11 child born pursuant to a gestational carrier arrangement under part four 12 of this article. 13 § 581-202. Proceeding for judgment of parentage of a child born 14 through assisted reproduction. (a) A proceeding for a judgment of 15 parentage may be commenced: 16 (1) if the intended parent resides in New York state, in the county 17 where the intended parent resides any time after pregnancy is achieved 18 or in the county where the child was born or resides; or 19 (2) if the intended parent and child do not reside in New York state, 20 up to ninety days after the birth of the child in the county where the 21 child was born. 22 (b) The petition for a judgment of parentage must be verified and 23 include the following: 24 (1) a statement that the intended parent has been a resident of the 25 state for at least ninety days or if the intended parent is not a New 26 York state resident, that the child was born in the state; and 27 (2) a statement from the gestating parent that the gestating parent 28 became pregnant as a result of the donation of the gamete or embryo and 29 a representation of non-access during the time of conception; and 30 (3) a statement that the non-gestating intended parent consented to 31 assisted reproduction pursuant to section 581-304 of this article; and 32 (4) proof of donor's donative intent. 33 (c) The following shall be deemed sufficient proof of a donor's dona- 34 tive intent for purposes of this section: 35 (1) in the case of an anonymous donor or where gametes or embryos have 36 previously been relinquished to a gamete or embryo storage facility, a 37 statement from the gamete or embryo storage facility with custody of the 38 gametes or embryos that the donor does not retain any parental or 39 proprietary interest in the gametes or embryos; or 40 (2) in the case of a donation from a known donor, a record from the 41 gamete or embryo donor acknowledging the donation and confirming that 42 the donor has no parental or proprietary interest in the gametes or 43 embryos. The record shall be signed by the gamete or embryo donor: 44 i. before a notary public, or 45 ii. before two witnesses who are not the intended parents, or 46 iii. before the health care provider, who supervised the donation. 47 (3) In the absence of a record pursuant to paragraph two of this 48 subdivision, notice shall be given to the donor at least twenty days 49 prior to the proceeding by delivery of a copy of the petition and 50 notice. Upon a showing to the court, by affidavit or otherwise, on or 51 before the date of the proceeding or within such further time as the 52 court may allow, that personal service cannot be effected at the donor's 53 last known address with reasonable effort, notice may be given, without 54 prior court order therefore, at least twenty days prior to the proceed- 55 ing by registered or certified mail directed to the donor's last knownS. 1505 199 A. 2005 1 address. Notice by publication shall not be required to be given to a 2 donor entitled to notice pursuant to the provisions of this section. 3 (4) Notwithstanding the above, where sperm is provided under the 4 supervision of a health care provider to someone other than the sperm 5 provider's intimate partner or spouse without a record of the sperm 6 provider's intent to parent, the sperm provider is presumed to be a 7 Donor and notice is not required. 8 (d) Where a petition for parentage demonstrates the consent of the 9 intended parent to assisted reproduction, the donative intent of the 10 gamete or embryo donor and that the pregnancy resulted from the 11 donation, the court shall issue a judgment of parentage: 12 (1) declaring, that upon the birth of the child, the intended parent 13 is the only legal parent of the child; and 14 (2) ordering the intended parent to assume sole responsibility for the 15 maintenance and support of the child immediately upon the birth of the 16 child; and 17 (3) ordering that upon the birth of the child, a copy of the judgment 18 of parentage be served on the (i) department of health or New York city 19 department of mental health and hygiene, or (ii) registrar of births in 20 the hospital where the child is born and directing that the hospital 21 report the parentage of the child to the appropriate department of 22 health in conformity with the court order. If an original birth certif- 23 icate has already issued, the court shall issue an order directing the 24 appropriate department of health to amend the birth certificate in an 25 expedited manner and seal the previously issued birth certificate. 26 § 581-203. Proceeding for judgment of parentage of a child born pursu- 27 ant to a gestational carrier arrangement. (a) The proceeding may be 28 commenced at any time after the gestational agreement has been executed 29 by all of the parties. Any party to the gestational agreement not join- 30 ing in the petition must be served with notice of the proceeding. Fail- 31 ure to respond to the notice shall be considered a default and no 32 further notice shall be required. 33 (b) The petition for a judgment of parentage must be verified and 34 include the following: 35 (1) A statement that the gestational carrier or the intended parent 36 has been a resident of the state for at least ninety days at the time 37 the gestational agreement was executed; and 38 (2) A certification from the attorneys representing the petitioners 39 that the parties are eligible to participate in the gestational carrier 40 arrangement as required by section 581-404 of this article and that the 41 gestational agreement contains the required terms under section 581-405 42 of this article; and 43 (3) A statement that the parties entered into the gestational agree- 44 ment knowingly and voluntarily. 45 (c) Where a petition satisfies subdivision (b) of this section, the 46 court shall issue a judgment of parentage, without additional 47 proceedings or documentation: 48 (1) Declaring, that upon the birth of a child born during the term of 49 the gestational agreement, the intended parent is the legal parent of 50 the child; and 51 (2) Declaring, that upon the birth of a child born during the term of 52 the gestational agreement, the gestational carrier, and the gestational 53 carrier's spouse, if any, is not the legal parent of the child; and 54 (3) Ordering the gestational carrier and the gestational carrier's 55 spouse, if any, to transfer the child to the intended parent if this has 56 not already occurred; andS. 1505 200 A. 2005 1 (4) Ordering the intended parent to assume sole responsibility for the 2 maintenance and support of the child immediately upon the birth of the 3 child; and 4 (5) Ordering that when the child is born, a copy of the judgment of 5 parentage be served on the (i) department of health or New York city 6 department of mental health and hygiene, or (ii) registrar of births in 7 the hospital where the child is born and directing that the hospital 8 report the parentage of the child to the appropriate department of 9 health in conformity with the court order. If an original birth certif- 10 icate has already issued, the court shall issue an order directing the 11 appropriate department of health to amend the birth certificate in an 12 expedited manner and seal the previously issued birth certificate. 13 (d) In the event the certification required by paragraph two of subdi- 14 vision (b) of this section cannot be made because of a technical or 15 non-substantial deviation from the requirements of sections 581-404 or 16 581-405 of this article; the court may nevertheless enforce the agree- 17 ment and issue an order of parentage if the court determines the agree- 18 ment is in substantial compliance with the requirements of sections 19 581-404 and 581-405 of this article. 20 (e) The agreement of the intended parent to pay reasonable compen- 21 sation to the gestational carrier in excess of reasonable medical and 22 ancillary costs shall not be a bar to the issuance of a judgment of 23 parentage. 24 § 581-204. Judgment of parentage for intended parents who are spouses. 25 Notwithstanding or without limitation on presumptions of parentage that 26 apply, a judgment of parentage may be obtained under this part by 27 intended parents who are each other's spouse. 28 § 581-205. Jurisdiction. Proceedings pursuant to this article may be 29 instituted in the supreme, family or surrogate's court. 30 PART 3 31 CHILD OF ASSISTED REPRODUCTION 32 Section 581-301. Scope of article. 33 581-302. Status of donor. 34 581-303. Parentage of child of assisted reproduction. 35 581-304. Consent to assisted reproduction. 36 581-305. Limitation on spouses' dispute of parentage of child of 37 assisted reproduction. 38 581-306. Effect of embryo disposition agreement between intended 39 parents which transfers custody and control to one 40 intended parent. 41 581-307. Effect of death of intended parent. 42 § 581-301. Scope of article. This article does not apply to the birth 43 of a child conceived by means of sexual intercourse. 44 § 581-302. Status of donor. A donor is not a parent of a child 45 conceived by means of assisted reproduction. 46 § 581-303. Parentage of child of assisted reproduction. (a) An indi- 47 vidual who provides gametes for assisted reproduction with the intent to 48 be a parent of the child and consents to assisted reproduction with the 49 consent of the gestating parent as provided in section 581-304 of this 50 part, is a parent of the resulting child for all legal purposes. 51 (b) Upon application by any participant, the court shall issue a judg- 52 ment of parentage to any participant who is a parent pursuant to this 53 act. 54 § 581-304. Consent to assisted reproduction. (a) Where the intended 55 parent who gives birth to a child by means of assisted reproduction is aS. 1505 201 A. 2005 1 spouse, the consent of both spouses to the assisted reproduction is 2 presumed and neither spouse may challenge the parentage of the child, 3 except as provided in section 581-305 of this part. 4 (b) Where the intended parent who gives birth to a child by means of 5 assisted reproduction is not a spouse, the consent to the assisted 6 reproduction must be in a record in such a manner as to indicate the 7 mutual agreement of the intended parents to conceive and parent a child 8 together. 9 (c) The absence of a record described in subdivision (b) of this 10 section shall not preclude a finding that such consent existed if the 11 court finds by clear and convincing evidence that at the time of the 12 assisted reproduction the intended parents agreed to conceive and parent 13 the child together. 14 § 581-305. Limitation on spouses' dispute of parentage of child of 15 assisted reproduction. (a) Except as otherwise provided in subdivision 16 (b) of this section, neither spouse may challenge the presumption of 17 parentage of the child unless: 18 (1) Within two years after learning of the birth of the child a 19 proceeding is commenced to adjudicate parentage; and 20 (2) The court finds by clear and convincing evidence that either 21 spouse did not consent for the non-gestating spouse to be a parent of 22 the child. 23 (b) A proceeding for a judgment of parentage may be maintained at any 24 time if the court finds by clear and convincing evidence that: 25 (1) The spouse did not consent to assisted reproduction by the indi- 26 vidual who gave birth; and 27 (2) The spouse and the individual who gave birth have not cohabited 28 since the spouse knew or had reason to know of the pregnancy; and 29 (3) The spouse never openly held out the child as his or her own. 30 (c) The limitation provided in this section applies to a spousal 31 relationship that has been declared invalid after assisted reproduction 32 or artificial insemination. 33 § 581-306. Effect of embryo disposition agreement between intended 34 parents which transfers custody and control to one intended parent. (a) 35 An embryo disposition agreement between intended parents with joint 36 custody and control of an embryo shall be binding under the following 37 circumstances: 38 (1) it is in writing; 39 (2) each intended parent had the advice of counsel prior to its 40 execution; and 41 (3) where the intended parents are married, transfer of custody and 42 control occurs only upon divorce. 43 (b) The intended parent who transfers custody and control of the 44 embryo is not a parent of any child born from the embryo unless the 45 agreement states that he or she consents to be a parent. 46 (c) If the intended parent transferring custody and control consents 47 to be a parent, he or she may withdraw his or her consent to be a parent 48 upon notice to the embryo storage facility and to the other intended 49 parent prior to transfer of the embryo. If he or she timely withdraws 50 consent to parent he or she is not a parent for any purpose including 51 support obligations but the embryo transfer may still proceed. 52 (d) An embryo disposition agreement or advance directive that is not 53 in compliance with subdivision (a) of this section may still be found to 54 be enforceable by the court after balancing the respective interests of 55 the parties except that under no circumstances may the intended parent 56 who divested him or herself of custody and control be declared to be aS. 1505 202 A. 2005 1 parent for any purpose without his or her consent. The parent awarded 2 custody and control of the embryos shall, in this instance, be declared 3 to be the only parent of the child. 4 § 581-307. Effect of death of intended parent. If an individual who 5 consented in a record to be a parent by assisted reproduction dies 6 before the transfer of eggs, sperm, or embryos, the deceased individual 7 is not a parent of the resulting child unless the deceased individual 8 consented in a signed record that if assisted reproduction were to occur 9 after death, the deceased individual would be a parent of the child, 10 provided that the record complies with the estates, powers and trusts 11 law. 12 PART 4 13 GESTATIONAL AGREEMENT 14 Section 581-401. Gestational agreement authorized. 15 581-404. Eligibility. 16 581-405. Requirements of gestational agreement. 17 581-406. Termination of gestational agreement. 18 581-407. Gestational agreement: effect of subsequent spousal 19 relationship. 20 581-408. Failure to obtain a judgment of parentage. 21 581-409. Dispute as to gestational agreement. 22 581-410. Inspection of records. 23 581-411. Exclusive, continuing jurisdiction. 24 § 581-401. Gestational agreement authorized. (a) If eligible under 25 this article to enter into a gestational agreement, a gestational carri- 26 er, the gestational carrier's spouse if applicable, and the intended 27 parent may enter into a gestational agreement which will be enforceable 28 provided the gestational agreement meets the requirements of this arti- 29 cle. 30 (b) A gestational agreement shall not apply to the birth of a child 31 conceived by means of sexual intercourse. 32 (c) A gestational agreement may provide for payment of compensation 33 under part five of this article. 34 (d) A gestational agreement may not limit the right of the gestational 35 carrier to make decisions to safeguard the gestational carrier's health 36 or that of any fetus or embryo the gestational carrier is carrying. 37 (e) A gestational agreement may not limit the right of the gestational 38 carrier to terminate the pregnancy or reduce the number of fetuses or 39 embryos the gestational carrier is carrying. 40 § 581-404. Eligibility. (a) A gestational carrier shall be eligible 41 to enter into an enforceable gestational agreement under this article if 42 the gestational carrier has met the following requirements at the time 43 the gestational agreement is executed: 44 (1) The gestational carrier is at least twenty-one years of age; and 45 (2) The gestational carrier has not provided the egg used to conceive 46 the resulting child; and 47 (3) The gestational carrier has completed a medical evaluation with a 48 health care practitioner relating to the anticipated pregnancy; and 49 (4) The gestational carrier, and the gestational carrier's spouse if 50 applicable have undergone legal consultation with independent legal 51 counsel of their own choosing which may be paid for by the intended 52 parent regarding the terms of the gestational agreement and the poten- 53 tial legal consequences of the gestational carrier arrangement; and 54 (5) The gestational carrier has, or the gestational agreement stipu- 55 lates that prior to the embryo transfer, the gestational carrier willS. 1505 203 A. 2005 1 obtain, a health insurance policy that covers major medical treatments 2 and hospitalization, and the health insurance policy has a term that 3 extends throughout the duration of the expected pregnancy and for eight 4 weeks after the birth of the child; the policy may be procured and paid 5 for by the intended parents on behalf of the gestational carrier pursu- 6 ant to the gestational agreement. 7 (b) The intended parent shall be eligible to enter into an enforceable 8 gestational agreement under this article if he, she, or they have met 9 the following requirements at the time the gestational agreement was 10 executed: 11 (1) He, she, or they have undergone legal consultation with independ- 12 ent legal counsel regarding the terms of the gestational agreement and 13 the potential legal consequences of the gestational carrier arrangement; 14 and 15 (2) He or she is an adult person who is not in a spousal relationship, 16 or adult spouses together, or any two adults who are intimate partners 17 together, except the spouse of the intended parent is not required to be 18 a party to the gestational agreement and shall not have parental rights 19 or obligations to the child where the intended parent and his or her 20 spouse: 21 (i) are living separate and apart pursuant to a decree or judgment of 22 separation or pursuant to a written agreement of separation subscribed 23 by the parties thereto and acknowledged or proved in the form required 24 to entitle a deed to be recorded; or 25 (ii) have been living separate and apart for at least three years 26 prior to execution of the gestational agreement. 27 § 581-405. Requirements of gestational agreement. (a) A gestational 28 agreement shall be deemed to have satisfied the requirements of this 29 article and be enforceable if it meets the following requirements: 30 (1) It shall be in a signed record verified by: 31 i. the intended parents, and 32 ii. the gestational carrier, and the gestational carrier's spouse, 33 unless; 34 A. the gestational carrier and the gestational carrier's spouse are 35 living separate and apart pursuant to a decree or judgment of separation 36 or pursuant to a written agreement of separation subscribed by the 37 parties thereto and acknowledged or proved in the form required to enti- 38 tle a deed to be recorded; or 39 B. have been living separate and apart for at least three years prior 40 to execution of the gestational agreement; and 41 (2) It shall be executed prior to the embryo transfer; and 42 (3) It shall be executed by a gestational carrier meeting the eligi- 43 bility requirements of subdivision (a) of section 581-404 of this part 44 and by the gestational carrier's spouse, unless the gestational carri- 45 er's spouse's signature is not required as set forth in this section; 46 and 47 (4) It shall be executed by intended parents meeting the eligibility 48 requirements of subdivision (b) of section 581-404 of this part; and 49 (5) The gestational carrier and the gestational carrier's spouse if 50 applicable and the intended parents shall have been represented by sepa- 51 rate, independent counsel in all matters concerning the gestational 52 agreement; and 53 (6) If the gestational agreement provides for the payment of compen- 54 sation to the gestational carrier, the compensation shall have been 55 placed in escrow with an independent escrow agent prior to the gesta- 56 tional carrier's commencement of any medical procedure other thanS. 1505 204 A. 2005 1 medical evaluations necessary to determine the gestational carrier's 2 eligibility; and 3 (7) The agreement must include information disclosing how the intended 4 parents will cover the medical expenses of the surrogate and the child. 5 If health care coverage is used to cover the medical expenses, the 6 disclosure shall include a review of the health care policy provisions 7 related to coverage for surrogate pregnancy, including any possible 8 liability of the surrogate, third-party liability liens or other insur- 9 ance coverage, and any notice requirements that could affect coverage or 10 liability of the surrogate. 11 (8) The gestational agreement must include the following terms: 12 (i) As to the gestational carrier and the gestational carrier's 13 spouse, if any: 14 (A) the agreement of the gestational carrier to undergo embryo trans- 15 fer and attempt to carry and give birth to the child; and 16 (B) the agreement of the gestational carrier and the gestational 17 carrier's spouse, if any, to surrender custody of all resulting children 18 to the intended parent immediately upon the birth; and 19 (C) the right of the gestational carrier to utilize the services of a 20 health care practitioner of the gestational carrier's choosing, to 21 provide her care during the pregnancy; and 22 (ii) As to the intended parent: 23 (A) the agreement to accept custody of all resulting children imme- 24 diately upon birth regardless of number, gender, or mental or physical 25 condition; and 26 (B) the agreement to assume sole responsibility for the support of the 27 child immediately upon the child's birth; and 28 (C) the agreement that the rights and obligations of the intended 29 parent under the gestational agreement are not assignable. 30 § 581-406. Termination of gestational agreement. After the execution 31 of a gestational agreement but before the gestational carrier becomes 32 pregnant by means of assisted reproduction, the gestational carrier, the 33 gestational carrier's spouse, if any, or any intended parent may termi- 34 nate the gestational agreement by giving notice of termination in a 35 record to all other parties. Upon proper termination of the gestational 36 agreement the parties are released from all obligations recited in the 37 agreement except that the intended parent remains responsible for all 38 expenses that are reimbursable under the agreement which have been 39 incurred by the gestational carrier through the date of termination. 40 Unless the agreement provides otherwise, the gestational carrier is 41 entitled to keep all payments she has received and obtain all payments 42 to which the gestational carrier is entitled. Neither a prospective 43 gestational carrier nor the gestational carrier's spouse, if any, is 44 liable to the intended parent for terminating a gestational agreement as 45 provided in this section. 46 § 581-407. Gestational agreement: effect of subsequent spousal 47 relationship. After the execution of a gestational agreement under this 48 article, the subsequent spousal relationship of the gestational carrier 49 does not affect the validity of a gestational agreement, the gestational 50 carrier's spouse's consent to the agreement shall not be required, and 51 the gestational carrier's spouse shall not be the presumed parent of the 52 resulting child. 53 § 581-408. Failure to obtain a judgment of parentage. Where an 54 intended parent or the gestational carrier fails to obtain a judgment of 55 parentage pursuant to section 581-203 of this article, either because 56 the gestational agreement does not meet the requirements of this articleS. 1505 205 A. 2005 1 or there was no gestational agreement, the parentage of a child will be 2 determined based on the best interests of the child taking into account 3 genetics and the intent of the parties. An intended parent's absence of 4 genetic connection to the child is not a sufficient basis to deny that 5 individual a judgment of legal parentage. 6 § 581-409. Dispute as to gestational agreement. (a) Any dispute which 7 is related to a gestational agreement other than disputes as to parent- 8 age shall be resolved by the supreme court, which shall determine the 9 respective rights and obligations of the parties. If a gestational 10 agreement does not meet the requirements of this article, except as set 11 forth in subdivision (d) of section 581-203 of part two of this article 12 the agreement is not enforceable. 13 (b) Except as expressly provided in the gestational agreement, the 14 intended parent and the gestational carrier shall be entitled to all 15 remedies available at law or equity in any dispute related to the gesta- 16 tional agreement. 17 (c) There shall be no specific performance remedy available for a 18 breach by the gestational carrier of a gestational agreement term that 19 requires the gestational carrier to be impregnated or to terminate the 20 pregnancy or to reduce the number of fetuses or embryos the gestational 21 carrier is carrying. 22 § 581-410. Inspection of records. The proceedings, records, and iden- 23 tities of the individual parties to a gestational agreement under this 24 article shall be sealed except upon the petition of the parties to the 25 gestational agreement or the child born as a result of the gestational 26 carrier arrangement. 27 § 581-411. Exclusive, continuing jurisdiction. Subject to the juris- 28 dictional standards of section seventy-six of the domestic relations 29 law, the court conducting a proceeding under this article has exclusive, 30 continuing jurisdiction of all matters arising out of the gestational 31 agreement until a child born to the gestational carrier during the peri- 32 od governed by the agreement attains the age of one hundred eighty days. 33 PART 5 34 PAYMENT TO DONORS AND GESTATIONAL CARRIERS 35 Section 581-501. Reimbursement. 36 581-502. Compensation. 37 § 581-501. Reimbursement. (a) A donor who has entered into a valid 38 agreement to be a donor, may receive reimbursement from an intended 39 parent for economic losses incurred in connection with the donation 40 which result from the retrieval or storage of gametes or embryos. 41 (b) Premiums paid for insurance against economic losses directly 42 resulting from the retrieval or storage of gametes or embryos for 43 donation may be reimbursed. 44 § 581-502. Compensation. (a) Compensation may be paid to a donor or 45 gestational carrier based on services rendered, expenses and or medical 46 risks that have been or will be incurred, time, and inconvenience. Under 47 no circumstances may compensation be paid to purchase gametes or embryos 48 or to pay for the relinquishment of a parental interest in a child. 49 (b) The compensation, if any, paid to a donor or gestational carrier 50 must be reasonable and negotiated in good faith between the parties, and 51 said payments to a gestational carrier shall not exceed the duration of 52 the pregnancy and recuperative period of up to eight weeks after the 53 birth of the child. 54 (c) Compensation may not be conditioned upon the purported quality or 55 genome-related traits of the gametes or embryos.S. 1505 206 A. 2005 1 (d) Compensation may not be conditioned on actual genotypic or pheno- 2 typic characteristics of the donor or of the child. 3 PART 6 4 MISCELLANEOUS PROVISIONS 5 Section 581-601. Remedial. 6 581-602. Severability. 7 581-603. Parent under section seventy of the domestic relations 8 law. 9 581-604. Interpretation. 10 § 581-601. Remedial. This legislation is hereby declared to be a 11 remedial statute and is to be construed liberally to secure the benefi- 12 cial interests and purposes thereof for the best interests of the child. 13 § 581-602. Severability. The invalidation of any part of this legis- 14 lation by a court of competent jurisdiction shall not result in the 15 invalidation of any other part. 16 § 581-603. Parent under section seventy of the domestic relations law. 17 The term "parent" in section seventy of the domestic relations law shall 18 include a person established to be a parent under this article or any 19 other relevant law. 20 § 581-604. Interpretation. Unless the context indicates otherwise, 21 words importing the singular include and apply to several persons, 22 parties, or things; words importing the plural include the singular. 23 § 2. Section 73 of the domestic relations law is REPEALED. 24 § 3. Article 8 of the domestic relations law is REPEALED. 25 § 4. This act shall take effect on the one hundred twentieth day after 26 it shall have become a law. Effective immediately, the addition, amend- 27 ment and/or repeal of any rule or regulation necessary for the implemen- 28 tation of this act on its effective date are authorized to be made on or 29 before such date. 30 PART RR 31 Section 1. The executive law is amended by adding a new section 63-e 32 to read as follows: 33 § 63-e. Office of special investigation. There is established within 34 the department of law an office of special investigation. Notwithstand- 35 ing any other provision of this article, the office shall investigate 36 any case in which the death of an unarmed civilian is caused by a police 37 officer during the performance of his or her duties. Proceedings of the 38 office under this section shall be conducted by the deputy attorney 39 general for special investigation, who may appear in person or by his or 40 her deputy or assistant before any court or grand jury and exercise all 41 of the powers and perform all of the duties with respect to such actions 42 or proceedings which the district attorney would otherwise be authorized 43 or required to exercise or perform. Where an investigation required 44 under this section involves the state police, the attorney general shall 45 appoint an independent special prosecutor to conduct such investigation. 46 In all proceedings of the office under this section, all expenses 47 incurred by the attorney general, including the salary or other compen- 48 sation of all deputies employed, shall be charged as provided for under 49 subdivision two of section sixty-three of this article. 50 § 2. The executive law is amended by adding a new section 837-t to 51 read as follows: 52 § 837-t. Use of force reporting. The chief of every police department, 53 each county sheriff, and the superintendent of state police shallS. 1505 207 A. 2005 1 report, to the division in a form and manner as defined by the division, 2 any incident where a police officer, as defined in subdivision thirty- 3 four of section 1.20 of the criminal procedure law or a peace officer as 4 defined in section 2.10 of the criminal procedure law, discharges a 5 firearm in the direction of another person, or where his or her action 6 results in the death or serious bodily injury of another person. Serious 7 bodily injury is defined as bodily injury that involves a substantial 8 risk of death, unconsciousness, protracted and obvious disfigurement, or 9 protracted loss of impairment of the function of a bodily member, organ 10 or mental faculty. 11 § 3. Subdivision 4 of section 840 of the executive law is amended by 12 adding a new paragraph (d) to read as follows: 13 (d) Establish a model law enforcement use of force policy suitable for 14 adoption by any law enforcement agency throughout the state. The use of 15 force policy shall include, but not be limited to, information on 16 current law as it relates to use of force and acts or techniques a 17 police officer or peace officer may not use in the course of acting in 18 his or her official capacity. The chief of every local police depart- 19 ment, each county sheriff, and the superintendent of state police shall 20 implement a use of force policy. The use of force policy should be 21 consistent with the model law enforcement policy as required by this 22 section except that a department shall not be limited from imposing 23 further restrictions on the use of force. 24 § 4. This act shall take effect immediately. 25 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 26 sion, section or part of this act shall be adjudged by any court of 27 competent jurisdiction to be invalid, such judgment shall not affect, 28 impair, or invalidate the remainder thereof, but shall be confined in 29 its operation to the clause, sentence, paragraph, subdivision, section 30 or part thereof directly involved in the controversy in which such judg- 31 ment shall have been rendered. It is hereby declared to be the intent of 32 the legislature that this act would have been enacted even if such 33 invalid provisions had not been included herein. 34 § 3. This act shall take effect immediately provided, however, that 35 the applicable effective date of Parts A through RR of this act shall be 36 as specifically set forth in the last section of such Parts.
