Bill Text: NY S01830 | 2023-2024 | General Assembly | Introduced
Bill Title: Enacts into law components of legislation relating to certain criminal justice reform in the state of New York; establishes law enforcement officer grant funds (Part A); provides judges more discretion regarding securing orders and limiting the lengths of certain orders (Part B); requires affirmative consent for the disclosure of contact information of witnesses to a defendant; provides that denial of such consent shall only be for good cause as determined by the court (Part C); relates to consideration of the death penalty for the commission of certain provisions of murder in the first degree (Part D).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S01830 Detail]
Download: New_York-2023-S01830-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1830 2023-2024 Regular Sessions IN SENATE January 17, 2023 ___________ Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the executive law, in relation to law enforcement offi- cer grant funds (Part A); to amend the criminal procedure law, in relation to providing judges more discretion regarding securing orders and limiting the lengths of certain orders; and to repeal certain provisions of the criminal procedure law, the judiciary law and the executive law relating thereto (Part B); to amend the criminal proce- dure law, in relation to requiring affirmative consent for the disclo- sure of contact information of witnesses to a defendant (Part C); and to amend the criminal procedure law, in relation to consideration of the death penalty for the commission of certain provisions of murder in the first degree (Part D) 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 components of legislation relating 2 to certain criminal justice reform in the state of New York. Each 3 component is wholly contained within a Part identified as Parts A 4 through D. The effective date for each particular provision contained 5 within such Part is set forth in the last section of such Part. Any 6 provision in any section contained within a Part, including the effec- 7 tive date of the Part, which makes reference to a section "of this act", 8 when used in connection with that particular component, shall be 9 deemed to mean and refer to the corresponding section of the Part in 10 which it is found. Section three of this act sets forth the general 11 effective date of this act. 12 PART A 13 Section 1. The executive law is amended by adding a new section 844 to 14 read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05170-01-3S. 1830 2 1 § 844. Law enforcement officer grant funds. 1. Within amounts appro- 2 priated for such purpose, in the years two thousand twenty-four, two 3 thousand twenty-five and two thousand twenty-six, one hundred million 4 dollars shall be available and allocated each year pursuant to subdivi- 5 sions two and three of this section and shall be paid to cover all 6 expenses related to hiring law enforcement officers, including any bene- 7 fits provided to such officers through employment with their respective 8 law enforcement agency. 9 2. Eighty million dollars of the funds allocated pursuant to subdivi- 10 sion one of this section shall be available to law enforcement agencies 11 for the purpose of hiring new police officers or re-hiring police offi- 12 cers who have been laid off, hiring members of the armed forces to serve 13 as law enforcement officers in crime prevention, and supporting non-hir- 14 ing initiatives, such as training law enforcement officers in crime 15 prevention, community policing techniques, and developing technologies 16 that support crime prevention strategies. Eligible law enforcement 17 agencies shall be eligible for up to ninety percent of the costs associ- 18 ated with such hiring or non-hiring initiatives; provided, however that 19 such law enforcement agencies shall commit to employing such officers 20 for at least five years, retaining such officers for at least two addi- 21 tional years after the three years of grant funding expires. 22 3. Twenty million dollars of the funds allocated pursuant to subdivi- 23 sion one of this section shall be available to law enforcement agencies 24 for the purchase of equipment, such as firearms, riot gear, and protec- 25 tive vests; provided, however, that such grant funds shall not be 26 expended on the purchase or maintenance of police cruisers or other 27 vehicles used by law enforcement agencies. 28 4. The commissioner, in cooperation with the attorney general and the 29 superintendent of state police, shall establish eligibility criteria and 30 the application process for the grants provided for pursuant to this 31 section. Grant information and application forms shall be made avail- 32 able through the New York state grants gateway. 33 § 2. This act shall take effect immediately. 34 PART B 35 Section 1. Subdivision 3 of section 150.10 of the criminal procedure 36 law is REPEALED. 37 § 2. Subdivision 1 of section 1.20 of the criminal procedure law, as 38 amended by chapter 450 of the laws of 2019, is amended to read as 39 follows: 40 1. "Accusatory instrument" means[: (a)] an indictment, an indictment 41 ordered reduced pursuant to subdivision one-a of section 210.20 of this 42 [chapter] part, an information, a simplified information, a prosecutor's 43 information, a superior court information, a misdemeanor complaint or a 44 felony complaint. Every accusatory instrument, regardless of the person 45 designated therein as accuser, constitutes an accusation on behalf of 46 the state as plaintiff and must be entitled "the people of the state of 47 New York" against a designated person, known as the defendant[; and48(b) an appearance ticket issued for a parking infraction when (i) such49ticket is based on personal knowledge or information and belief of the50police officer or other public servant who issues the ticket, (ii) the51police officer or other public servant who issues such ticket verifies52that false statements made therein are punishable as a class A misdemea-53nor, (iii) the infraction or infractions contained therein are stated in54detail and not in conclusory terms so as to provide the defendant withS. 1830 3 1sufficient notice including, but not limited, to the applicable2provision of law allegedly violated, and the date, time and particular3place of the alleged infraction, and (iv) such ticket contains: (1) the4license plate designation of the ticketed vehicle, (2) the license plate5type of the ticketed vehicle, (3) the expiration of the ticketed vehi-6cle's registration, (4) the make or model of the ticketed vehicle, and7(5) the body type of the ticketed vehicle, provided, however, that where8the plate type or the expiration date are not shown on either the regis-9tration plates or sticker of a vehicle or where the registration sticker10is covered, faded, defaced or mutilated so that it is unreadable, the11plate type or the expiration date may be omitted, provided, further,12however, that such condition must be so described and inserted on the13instrument]. 14 § 3. Subdivision 1 of section 150.20 of the criminal procedure law, as 15 amended by section 1-a of part JJJ of chapter 59 of the laws of 2019, 16 subparagraph (viii) of paragraph (b) as amended and subparagraphs (ix), 17 (x) and (xi) of paragraph (b) as added by section 1 of subpart B of part 18 UU of chapter 56 of the laws of 2022, is amended to read as follows: 19 1. [(a)] Whenever a police officer is authorized pursuant to section 20 140.10 of this title to arrest a person without a warrant for an offense 21 other than a class A, B, C or D felony or a violation of section 130.25, 22 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, he [shall,23except as set out in paragraph (b) of this subdivision] or she may, 24 subject to the provisions of subdivisions three and four of section 25 150.40 of this [title] article, instead issue to and serve upon such 26 person an appearance ticket. 27 [(b) An officer is not required to issue an appearance ticket if:28(i) the person has one or more outstanding local criminal court or29superior court warrants;30(ii) the person has failed to appear in court proceedings in the last31two years;32(iii) the person has been given a reasonable opportunity to make their33verifiable identity and a method of contact known, and has been unable34or unwilling to do so, so that a custodial arrest is necessary to35subject the individual to the jurisdiction of the court. For the36purposes of this section, an officer may rely on various factors to37determine a person's identity, including but not limited to personal38knowledge of such person, such person's self-identification, or photo-39graphic identification. There is no requirement that a person present40photographic identification in order to be issued an appearance ticket41in lieu of arrest where the person's identity is otherwise verifiable;42however, if offered by such person, an officer shall accept as evidence43of identity the following: a valid driver's license or non-driver iden-44tification card issued by the commissioner of motor vehicles, the feder-45al government, any United States territory, commonwealth or possession,46the District of Columbia, a state government or municipal government47within the United States or a provincial government of the dominion of48Canada; a valid passport issued by the United States government or any49other country; an identification card issued by the armed forces of the50United States; a public benefit card, as defined in paragraph (a) of51subdivision one of section 158.00 of the penal law;52(iv) the person is charged with a crime between members of the same53family or household, as defined in subdivision one of section 530.11 of54this chapter;55(v) the person is charged with a crime defined in article 130 of the56penal law;S. 1830 4 1(vi) it reasonably appears the person should be brought before the2court for consideration of issuance of an order of protection, pursuant3to section 530.13 of this chapter, based on the facts of the crime or4offense that the officer has reasonable cause to believe occurred;5(vii) the person is charged with a crime for which the court may6suspend or revoke his or her driver license;7(viii) it reasonably appears to the officer, based on the observed8behavior of the individual in the present contact with the officer and9facts regarding the person's condition that indicates a sign of distress10to such a degree that the person would face harm without immediate11medical or mental health care, that bringing the person before the court12would be in such person's interest in addressing that need; provided,13however, that before making the arrest, the officer shall make all14reasonable efforts to assist the person in securing appropriate15services;16(ix) the person is eighteen years of age or older and charged with17criminal possession of a weapon on school grounds as defined in section18265.01-a of the penal law;19(x) the person is eighteen years of age or older and charged with a20hate crime as defined in section 485.05 of the penal law; or21(xi) the offense is a qualifying offense pursuant to paragraph (t) of22subdivision four of section 510.10 of this chapter, or pursuant to para-23graph (t) of subdivision four of section 530.40 of this chapter.] 24 § 4. The criminal procedure law is amended by adding a new section 25 150.30 to read as follows: 26 § 150.30 Appearance ticket; issuance and service thereof after arrest 27 upon posting of pre-arraignment bail. 28 1. Issuance and service of an appearance ticket by a police officer 29 following an arrest without a warrant, as prescribed in subdivision two 30 of section 150.20 of this article, may be made conditional upon the 31 posting of a sum of money, known as pre-arraignment bail. In such case, 32 the bail becomes forfeit upon failure of such person to comply with the 33 directions of the appearance ticket. The person posting such bail must 34 complete and sign a form which states (a) the name, residential address 35 and occupation of each person posting cash bail; and (b) the title of 36 the criminal action or proceeding involved; and (c) the offense or 37 offenses which are the subjects of the action or proceeding involved, 38 and the status of such action or proceeding; and (d) the name of the 39 principal and the nature of his or her involvement in or connection with 40 such action or proceeding; and (e) the date of the principal's next 41 appearance in court; and (f) an acknowledgement that the cash bail will 42 be forfeited if the principal does not comply with the directions of the 43 appearance ticket; and (g) the amount of money posted as cash bail. Such 44 pre-arraignment bail may be posted as provided in subdivision two or 45 three of this section. 46 2. A desk officer in charge at a police station, county jail, or 47 police headquarters, or any of his or her superior officers, may in such 48 place, fix pre-arraignment bail, in an amount prescribed in this subdi- 49 vision, and upon the posting thereof must issue and serve an appearance 50 ticket upon the arrested person, give a receipt for the bail, and 51 release such person from custody. Such pre-arraignment bail may be fixed 52 in the following amounts: 53 (a) If the arrest was for a class E felony, any amount not exceeding 54 seven hundred fifty dollars. 55 (b) If the arrest was for a class A misdemeanor, any amount not 56 exceeding five hundred dollars.S. 1830 5 1 (c) If the arrest was for a class B misdemeanor or an unclassified 2 misdemeanor, any amount not exceeding two hundred fifty dollars. 3 (d) If the arrest was for a petty offense, any amount not exceeding 4 one hundred dollars. 5 3. A police officer, who has arrested a person without a warrant 6 pursuant to subdivision two of section 150.20 of this article for a 7 traffic infraction, may, where he or she reasonably believes that such 8 arrested person is not licensed to operate a motor vehicle by this state 9 or any state covered by a reciprocal compact guaranteeing appearance as 10 is provided in section five hundred seventeen of the vehicle and traffic 11 law, fix pre-arraignment bail in the amount of fifty dollars; provided, 12 however, such bail shall be posted by means of a credit card or similar 13 device. Upon the posting thereof, said officer must issue and serve an 14 appearance ticket upon the arrested person, give a receipt for the bail, 15 and release such person from custody. 16 4. The chief administrator of the courts shall establish a system for 17 the posting of pre-arraignment bail by means of credit card or similar 18 device, as is provided by section two hundred twelve of the judiciary 19 law. The head of each police department or police force and of any state 20 department, agency, board, commission or public authority having police 21 officers who fix pre-arraignment bail as provided herein may elect to 22 use the system established by the chief administrator or may establish 23 such other system for the posting of pre-arraignment bail by means of 24 credit card or similar device as he or she may deem appropriate. 25 § 5. Subdivision 1 of section 150.40 of the criminal procedure law, as 26 amended by section 8 of part UU of chapter 56 of the laws of 2020, is 27 amended to read as follows: 28 1. An appearance ticket must be made returnable [at a date as soon as29possible, but in no event later than twenty days from the date of issu-30ance; or at the next scheduled session of the appropriate local criminal31court if such session is scheduled to occur more than twenty days from32the date of issuance; or at a later date, with the court's permission33due to enrollment in a pre-arraignment diversion program. The appearance34ticket shall be made returnable] in a local criminal court designated in 35 section 100.55 of this title as one with which an information for the 36 offense in question may be filed. 37 § 6. Subdivision 1 of section 150.50 of the criminal procedure law, as 38 amended by chapter 450 of the laws of 2019, is amended to read as 39 follows: 40 1. A police officer or other public servant who has issued and served 41 an appearance ticket must, at or before the time such appearance ticket 42 is returnable, file or cause to be filed with the local criminal court 43 in which it is returnable a local criminal court accusatory instrument 44 charging the person named in such appearance ticket with the offense 45 specified therein[; provided, however, that no separate accusatory46instrument shall be required to be filed for an appearance ticket issued47for a parking infraction which conforms to the requirements set forth in48paragraph (b) of subdivision one of section 1.20 of this chapter]. Noth- 49 ing herein contained shall authorize the use of a simplified information 50 when not authorized by law. 51 § 7. Section 150.80 of the criminal procedure law is REPEALED. 52 § 8. Subdivisions 3-a, 3-b, 21 and 22 of section 500.10 of the crimi- 53 nal procedure law are REPEALED. 54 § 9. Subdivisions 5, 6, 7 and 9 of section 500.10 of the criminal 55 procedure law, as amended by section 1-e of part JJJ of chapter 59 of 56 the laws of 2019, are amended to read as follows:S. 1830 6 1 5. "Securing order" means an order of a court committing a principal 2 to the custody of the sheriff or fixing bail, [where authorized,] or 3 releasing the principal on the principal's own recognizance [or releas-4ing the principal under non-monetary conditions]. 5 6. "Order of recognizance or bail" means a securing order releasing a 6 principal on the principal's own recognizance or [under non-monetary7conditions or, where authorized,] fixing bail. 8 7. "Application for recognizance or bail" means an application by a 9 principal that the court, instead of committing the principal to or 10 retaining the principal in the custody of the sheriff, either release 11 the principal on the principal's own recognizance[, release under non-12monetary conditions, or, where authorized,] or fix bail. 13 9. "Bail" means cash bail[,] or a bail bond [or money paid with a14credit card]. 15 § 10. Section 510.10 of the criminal procedure law, as amended by 16 section 2 of part JJJ of chapter 59 of the laws of 2019, subdivision 1 17 as amended by section 1 of subpart C of part UU of chapter 56 of the 18 laws of 2022, subdivision 4 as amended by section 2 of part UU of chap- 19 ter 56 of the laws of 2020 and paragraphs (s) and (t) of subdivision 4 20 as amended and paragraph (u) of subdivision 4 as added by section 2 of 21 subpart B of part UU of chapter 56 of the laws of 2022, is amended to 22 read as follows: 23 § 510.10 Securing order; when required[; alternatives available; stand-24ard to be applied]. 25 1. When a principal, whose future court attendance at a criminal 26 action or proceeding is or may be required, initially comes under the 27 control of a court, such court shall[, in accordance with this title,] 28 by a securing order, either release the principal on the principal's own 29 recognizance, [release the principal under non-monetary conditions, or,30where authorized,] fix bail or commit the principal to the custody of 31 the sheriff. [In all such cases, except where another type of securing32order is shown to be required by law, the court shall release the prin-33cipal pending trial on the principal's own recognizance, unless it is34demonstrated and the court makes an individualized determination that35the principal poses a risk of flight to avoid prosecution. If such a36finding is made, the court must select the least restrictive alternative37and condition or conditions that will reasonably assure the principal's38return to court. The court shall explain its choice of release, release39with conditions, bail or remand on the record or in writing. In making40its determination, the court must consider and take into account avail-41able information about the principal, including:42(a) The principal's activities and history;43(b) If the principal is a defendant, the charges facing the principal;44(c) The principal's criminal conviction record if any;45(d) The principal's record of previous adjudication as a juvenile46delinquent, as retained pursuant to section 354.1 of the family court47act, or, of pending cases where fingerprints are retained pursuant to48section 306.1 of such act, or a youthful offender, if any;49(e) The principal's previous record with respect to flight to avoid50criminal prosecution;51(f) If monetary bail is authorized, according to the restrictions set52forth in this title, the principal's individual financial circumstances,53and, in cases where bail is authorized, the principal's ability to post54bail without posing undue hardship, as well as his or her ability to55obtain a secured, unsecured, or partially secured bond;S. 1830 7 1(g) Any violation by the principal of an order of protection issued by2any court;3(h) The principal's history of use or possession of a firearm;4(i) Whether the charge is alleged to have caused serious harm to an5individual or group of individuals; and6(j) If the principal is a defendant, in the case of an application for7a securing order pending appeal, the merit or lack of merit of the8appeal.92. A principal is entitled to representation by counsel under this10chapter in preparing an application for release, when a securing order11is being considered and when a securing order is being reviewed for12modification, revocation or termination. If the principal is financially13unable to obtain counsel, counsel shall be assigned to the principal.143. In cases other than as described in subdivision four of this15section the court shall release the principal pending trial on the prin-16cipal's own recognizance, unless the court finds on the record or in17writing that release on the principal's own recognizance will not18reasonably assure the principal's return to court. In such instances,19the court shall release the principal under non-monetary conditions,20selecting the least restrictive alternative and conditions that will21reasonably assure the principal's return to court. The court shall22explain its choice of alternative and conditions on the record or in23writing.244. Where the principal stands charged with a qualifying offense, the25court, unless otherwise prohibited by law, may in its discretion release26the principal pending trial on the principal's own recognizance or under27non-monetary conditions, fix bail, or, where the defendant is charged28with a qualifying offense which is a felony, the court may commit the29principal to the custody of the sheriff. A principal stands charged with30a qualifying offense for the purposes of this subdivision when he or she31stands charged with:32(a) a felony enumerated in section 70.02 of the penal law, other than33robbery in the second degree as defined in subdivision one of section34160.10 of the penal law, provided, however, that burglary in the second35degree as defined in subdivision two of section 140.25 of the penal law36shall be a qualifying offense only where the defendant is charged with37entering the living area of the dwelling;38(b) a crime involving witness intimidation under section 215.15 of the39penal law;40(c) a crime involving witness tampering under section 215.11, 215.1241or 215.13 of the penal law;42(d) a class A felony defined in the penal law, provided that for class43A felonies under article two hundred twenty of the penal law, only class44A-I felonies shall be a qualifying offense;45(e) a sex trafficking offense defined in section 230.34 or 230.34-a of46the penal law, or a felony sex offense defined in section 70.80 of the47penal law, or a crime involving incest as defined in section 255.25,48255.26 or 255.27 of such law, or a misdemeanor defined in article one49hundred thirty of such law;50(f) conspiracy in the second degree as defined in section 105.15 of51the penal law, where the underlying allegation of such charge is that52the defendant conspired to commit a class A felony defined in article53one hundred twenty-five of the penal law;54(g) money laundering in support of terrorism in the first degree as55defined in section 470.24 of the penal law; money laundering in support56of terrorism in the second degree as defined in section 470.23 of theS. 1830 8 1penal law; money laundering in support of terrorism in the third degree2as defined in section 470.22 of the penal law; money laundering in3support of terrorism in the fourth degree as defined in section 470.214of the penal law; or a felony crime of terrorism as defined in article5four hundred ninety of the penal law, other than the crime defined in6section 490.20 of such law;7(h) criminal contempt in the second degree as defined in subdivision8three of section 215.50 of the penal law, criminal contempt in the first9degree as defined in subdivision (b), (c) or (d) of section 215.51 of10the penal law or aggravated criminal contempt as defined in section11215.52 of the penal law, and the underlying allegation of such charge of12criminal contempt in the second degree, criminal contempt in the first13degree or aggravated criminal contempt is that the defendant violated a14duly served order of protection where the protected party is a member of15the defendant's same family or household as defined in subdivision one16of section 530.11 of this title;17(i) facilitating a sexual performance by a child with a controlled18substance or alcohol as defined in section 263.30 of the penal law, use19of a child in a sexual performance as defined in section 263.05 of the20penal law or luring a child as defined in subdivision one of section21120.70 of the penal law, promoting an obscene sexual performance by a22child as defined in section 263.10 of the penal law or promoting a sexu-23al performance by a child as defined in section 263.15 of the penal law;24(j) any crime that is alleged to have caused the death of another25person;26(k) criminal obstruction of breathing or blood circulation as defined27in section 121.11 of the penal law, strangulation in the second degree28as defined in section 121.12 of the penal law or unlawful imprisonment29in the first degree as defined in section 135.10 of the penal law, and30is alleged to have committed the offense against a member of the defend-31ant's same family or household as defined in subdivision one of section32530.11 of this title;33(l) aggravated vehicular assault as defined in section 120.04-a of the34penal law or vehicular assault in the first degree as defined in section35120.04 of the penal law;36(m) assault in the third degree as defined in section 120.00 of the37penal law or arson in the third degree as defined in section 150.10 of38the penal law, when such crime is charged as a hate crime as defined in39section 485.05 of the penal law;40(n) aggravated assault upon a person less than eleven years old as41defined in section 120.12 of the penal law or criminal possession of a42weapon on school grounds as defined in section 265.01-a of the penal43law;44(o) grand larceny in the first degree as defined in section 155.42 of45the penal law, enterprise corruption as defined in section 460.20 of the46penal law, or money laundering in the first degree as defined in section47470.20 of the penal law;48(p) failure to register as a sex offender pursuant to section one49hundred sixty-eight-t of the correction law or endangering the welfare50of a child as defined in subdivision one of section 260.10 of the penal51law, where the defendant is required to maintain registration under52article six-C of the correction law and designated a level three offen-53der pursuant to subdivision six of section one hundred sixty-eight-l of54the correction law;S. 1830 9 1(q) a crime involving bail jumping under section 215.55, 215.56 or2215.57 of the penal law, or a crime involving escaping from custody3under section 205.05, 205.10 or 205.15 of the penal law;4(r) any felony offense committed by the principal while serving a5sentence of probation or while released to post release supervision;6(s) a felony, where the defendant qualifies for sentencing on such7charge as a persistent felony offender pursuant to section 70.10 of the8penal law;9(t) any felony or class A misdemeanor involving harm to an identifi-10able person or property, or any charge of criminal possession of a11firearm as defined in section 265.01-b of the penal law, where such12charge arose from conduct occurring while the defendant was released on13his or her own recognizance, released under conditions, or had yet to be14arraigned after the issuance of a desk appearance ticket for a separate15felony or class A misdemeanor involving harm to an identifiable person16or property, or any charge of criminal possession of a firearm as17defined in section 265.01-b of the penal law, provided, however, that18the prosecutor must show reasonable cause to believe that the defendant19committed the instant crime and any underlying crime. For the purposes20of this subparagraph, any of the underlying crimes need not be a quali-21fying offense as defined in this subdivision. For the purposes of this22paragraph, "harm to an identifiable person or property" shall include23but not be limited to theft of or damage to property. However, based24upon a review of the facts alleged in the accusatory instrument, if the25court determines that such theft is negligible and does not appear to be26in furtherance of other criminal activity, the principal shall be27released on his or her own recognizance or under appropriate non-mone-28tary conditions; or29(u) criminal possession of a weapon in the third degree as defined in30subdivision three of section 265.02 of the penal law or criminal sale of31a firearm to a minor as defined in section 265.16 of the penal law.325. Notwithstanding the provisions of subdivisions three and four of33this section, with respect to any charge for which bail or remand is not34ordered, and for which the court would not or could not otherwise35require bail or remand, a defendant may, at any time, request that the36court set bail in a nominal amount requested by the defendant in the37form specified in paragraph (a) of subdivision one of section 520.10 of38this title; if the court is satisfied that the request is voluntary, the39court shall set such bail in such amount.406.] When a securing order is revoked or otherwise terminated in the 41 course of an uncompleted action or proceeding but the principal's future 42 court attendance still is or may be required and the principal is still 43 under the control of a court, a new securing order must be issued. When 44 the court revokes or otherwise terminates a securing order which commit- 45 ted the principal to the custody of the sheriff, the court shall give 46 written notification to the sheriff of such revocation or termination of 47 the securing order. 48 2. The court shall release the principal on personal recognizance or 49 on bail unless the court makes an individualized determination that: (a) 50 the principal poses a risk of flight to avoid prosecution; (b) the prin- 51 cipal poses a risk of failing to appear in court based on the princi- 52 pal's record of a prior criminal conviction or failure to appear in 53 prior court proceedings; or (c) the principal poses a risk of endanger- 54 ing the safety of any other person or the community. If the court finds 55 that the principal poses a risk of flight or a risk of failure to appear 56 but does not pose a risk of endangering the safety of any other personS. 1830 10 1 or the community, the court shall release the principal subject to the 2 lowest reasonable bail and/or the least restrictive further condition or 3 combination of conditions that will reasonably ensure the appearance of 4 the principal considering the nature and circumstances of the charged 5 offense, the weight of the evidence, the history and characteristics of 6 the principal, and the nature and seriousness of the danger posed by the 7 principal's release. If the court determines that no condition or combi- 8 nation of conditions will reasonably assure the appearance of the prin- 9 cipal and the safety of any other person of the community, the court 10 shall order detention without bail. 11 3. If the principal is arrested during the interim period while await- 12 ing a preliminary hearing or trial, the court shall revoke or otherwise 13 terminate the securing order and issue a new securing order taking into 14 account the subsequent arrest. 15 4. (a) All securing orders issued under this section where the princi- 16 pal is incarcerated solely because of said order shall be reviewed and 17 re-evaluated by the court no later than: 18 (i) every four weeks thereafter where a class A misdemeanor is the 19 highest grade offense; 20 (ii) every six weeks thereafter where a class E felony is the highest 21 grade offense; 22 (iii) every eight weeks thereafter where a class D felony is the high- 23 est grade offense; 24 (iv) every ten weeks thereafter where a class C felony is the highest 25 grade offense; or 26 (v) every twelve weeks thereafter where a class B felony is the high- 27 est grade offense. 28 (b) Upon such review or re-evaluation, the court shall reconsider 29 whether the principal should be released on personal recognizance or 30 upon posting reduced bail in the interests of justice after considering 31 the length of time the principal has already been incarcerated, the 32 likely sentence that would be imposed if the principal were found guilty 33 or plead guilty to the charged offense, the nature and circumstances of 34 the charged offense, the weight of the evidence, the history and charac- 35 teristics of the principal, the nature and seriousness of the danger 36 posed by the principal's release, and whether the principal should be 37 released subject to a further condition, or combination of conditions, 38 that reasonably justifies the release of the principal on personal 39 recognizance or reduced bail, and such other factors in the interests of 40 justice as reasonably determined by the court based on an individualized 41 determination as to whether and to what extent that the principal 42 continues to pose a risk of flight to avoid prosecution, continues to 43 pose a risk of failing to appear in court based on the principal's 44 record of a prior criminal conviction or failure to appear in prior 45 court proceedings, or continues to pose a risk of endangering the safety 46 of any other person or the community. If the court determines that no 47 condition or combination of conditions will reasonably ensure the 48 appearance of the principal and the safety of any other person of the 49 community, the court shall continue to detain the principal without bail 50 or without a reduction in the amount of the bail. 51 § 11. Section 510.20 of the criminal procedure law, as amended by 52 section 3 of part JJJ of chapter 59 of the laws of 2019, is amended to 53 read as follows: 54 § 510.20 Application for [a change in securing order] recognizance or 55 bail; making and determination thereof in general.S. 1830 11 1 1. Upon any occasion when a court [has issued] is required to issue a 2 securing order with respect to a principal [and the], or at any time 3 when a principal is confined in the custody of the sheriff as a result 4 of the securing order or a previously issued securing order, the princi- 5 pal may make an application for recognizance[, release under non-mone-6tary conditions] or bail. 7 2. [(a) The principal is entitled to representation by counsel in the8making and presentation of such application. If the principal is finan-9cially unable to obtain counsel, counsel shall be assigned to the prin-10cipal.11(b)] Upon such application, the principal must be accorded an opportu- 12 nity to be heard[, present evidence] and to contend that an order of 13 recognizance[, release under non-monetary conditions] or[, where author-14ized,] bail must or should issue, that the court should release the 15 principal on the principal's own recognizance [or under non-monetary16conditions] rather than fix bail, and that if bail is [authorized and] 17 fixed it should be in a suggested amount and form. 18 § 12. Section 510.30 of the criminal procedure law, as amended by 19 section 5 of part JJJ of chapter 59 of the laws of 2019, subdivision 1 20 as amended by section 2 of subpart C of part UU of chapter 56 of the 21 laws of 2022, is amended to read as follows: 22 § 510.30 Application for [securing order] recognizance or bail; rules of 23 law and criteria controlling determination. 24 1. Determinations of applications for recognizance or bail shall not 25 be in all cases discretionary but shall be subject to rules, prescribed 26 in article five hundred thirty of this title and other provisions of law 27 relating to specific kinds of criminal actions and proceedings, provid- 28 ing (a) that in some circumstances such an application shall as a matter 29 of law be granted, (b) that in others it shall as a matter of law be 30 denied and the principal committed to or retained in the custody of the 31 sheriff, and (c) that in others the granting or denial thereof shall be 32 a matter of judicial discretion. 33 2. To the extent that the issuance of an order of recognizance or bail 34 and the terms thereof are matters of discretion rather than of law, an 35 application shall be determined on the basis of the following factors 36 and criteria: 37 (a) With respect to any principal, the court [in all cases, unless38otherwise provided by law, must impose the least restrictive] shall 39 consider the kind and degree of control or restriction that is necessary 40 to secure the principal's return to court when required. In determining 41 that matter, the court [must] shall, on the basis of available informa- 42 tion, consider and take into account [information about the principal43that is relevant to the principal's return to court, including]: 44 [(a) The principal's activities and history;45(b) If the principal is a defendant, the charges facing the principal;46(c)] (i) The principal's character, reputation, habits and mental 47 condition; 48 (ii) The principal's employment and financial resources; 49 (iii) The principal's family ties and the length of his or her resi- 50 dence if any in the community; 51 (iv) The principal's criminal [conviction] record if any; 52 [(d)] (v) The principal's record of previous adjudication as a juve- 53 nile delinquent, as retained pursuant to section 354.2 of the family 54 court act, or, of pending cases where fingerprints are retained pursuant 55 to section 306.1 of such act, or a youthful offender, if any;S. 1830 12 1 [(e)] (vi) The principal's previous record if any in responding to 2 court appearances when required or with respect to flight to avoid crim- 3 inal prosecution; 4 [(f) If monetary bail is authorized, according to the restrictions set5forth in this title, the principal's individual financial circumstances,6and, in cases where bail is authorized, the principal's ability to post7bail without posing undue hardship, as well as his or her ability to8obtain a secured, unsecured, or partially secured bond;9(g) any violation by the principal of an order of protection issued by10any court;11(h)] (vii) Where the principal is charged with a crime or crimes 12 against a member or members of the same family or household as that term 13 is defined in subdivision one of section 530.11 of this title, the 14 following factors: 15 (A) any violation by the principal of an order of protection issued by 16 any court for the protection of a member or members of the same family 17 or household as that term is defined in subdivision one of section 18 530.11 of this title, whether or not such order of protection is 19 currently in effect; and 20 (B) the principal's history of use or possession of a firearm; 21 [(i) whether the charge is alleged to have caused serious harm to an22individual or group of individuals; and23(j)] (viii) If the principal is a defendant, the weight of the 24 evidence against him or her in the pending criminal action and any other 25 factor indicating probability of conviction; or, in the case of an 26 application for [a securing order] bail or recognizance pending appeal, 27 the merit or lack of merit of the appeal; and 28 (ix) If he or she is a defendant, the sentence which may be or has 29 been imposed upon conviction. 30 [2.] (b) Where the principal is a defendant-appellant in a pending 31 appeal from a judgment of conviction, the court must also consider the 32 likelihood of ultimate reversal of the judgment. A determination that 33 the appeal is palpably without merit alone justifies, but does not 34 require, a denial of the application, regardless of any determination 35 made with respect to the factors specified in paragraph (a) of this 36 subdivision [one of this section]. 37 3. When bail or recognizance is ordered, the court shall inform the 38 principal, if the principal is a defendant charged with the commission 39 of a felony, that the release is conditional and that the court may 40 revoke the order of release and [may be authorized] to commit the prin- 41 cipal to the custody of the sheriff in accordance with the provisions of 42 subdivision two of section 530.60 of this [chapter] title if the princi- 43 pal commits a subsequent felony while at liberty upon such order. 44 § 13. Section 510.40 of the criminal procedure law, as amended by 45 section 6 of part JJJ of chapter 59 of the laws of 2019, paragraph (c) 46 of subdivision 4 as amended by section 7 of part UU of chapter 56 of the 47 laws of 2020, is amended to read as follows: 48 § 510.40 [Court notification to principal of conditions of release and49of alleged violations of conditions of release] Application 50 for recognizance or bail; determination thereof, form of 51 securing order and execution thereof. 52 1. An application for recognizance or bail must be determined by a 53 securing order which either: 54 (a) Grants the application and releases the principal on his or her 55 own recognizance; or 56 (b) Grants the application and fixes bail; orS. 1830 13 1 (c) Denies the application and commits the principal to, or retains 2 him or her in, the custody of the sheriff. 3 2. Upon ordering that a principal be released on the principal's own 4 recognizance, [or released under non-monetary conditions, or, if bail5has been fixed, upon the posting of bail,] the court must direct the 6 principal to appear in the criminal action or proceeding involved when- 7 ever the principal's attendance may be required and to [be] render the 8 principal at all times amenable to the orders and processes of the 9 court. If such principal is in the custody of the sheriff or at liberty 10 upon bail at the time of the order, the court must direct that the prin- 11 cipal be discharged from such custody or, as the case may be, that the 12 principal's bail be exonerated. 13 [2.] 3. Upon the issuance of an order fixing bail[, where authorized,] 14 and upon the posting thereof, the court must examine the bail to deter- 15 mine whether it complies with the order. If it does, the court must, in 16 the absence of some factor or circumstance which in law requires or 17 authorizes disapproval thereof, approve the bail and must issue a 18 certificate of release, authorizing the principal to be at liberty, and, 19 if the principal is in the custody of the sheriff at the time, directing 20 the sheriff to discharge the principal therefrom. If the bail fixed is 21 not posted, or is not approved after being posted, the court must order 22 that the principal be committed to the custody of the sheriff. [In the23event of any such non-approval, the court shall explain promptly in24writing the reasons therefor.253. Non-monetary conditions of release shall be individualized and26established in writing by the court. At future court appearances, the27court shall consider a lessening of conditions or modification of condi-28tions to a less burdensome form based on the principal's compliance with29such conditions of release. In the event of alleged non-compliance with30the conditions of release in an important respect, pursuant to this31subdivision, additional conditions may be imposed by the court, on the32record or in writing, only after notice of the facts and circumstances33of such alleged non-compliance, reasonable under the circumstances,34affording the principal and the principal's attorney and the people an35opportunity to present relevant, admissible evidence, relevant witnesses36and to cross-examine witnesses, and a finding by clear and convincing37evidence that the principal violated a condition of release in an impor-38tant respect. Following such a finding, in determining whether to impose39additional conditions for non-compliance, the court shall consider and40may select conditions consistent with the court's obligation to impose41the least restrictive condition or conditions that will reasonably42assure the defendant's return to court. The court shall explain on the43record or in writing the reasons for its determination and for any44changes to the conditions imposed.454. (a) Electronic monitoring of a principal's location may be ordered46only if the court finds, after notice, an opportunity to be heard and an47individualized determination explained on the record or in writing, that48the defendant qualifies for electronic monitoring in accordance with49subdivision twenty-one of section 500.10 of this title, and no other50realistic non-monetary condition or set of non-monetary conditions will51suffice to reasonably assure a principal's return to court.52(b) The specific method of electronic monitoring of the principal's53location must be approved by the court. It must be the least restrictive54procedure and method that will reasonably assure the principal's return55to court, and unobtrusive to the greatest extent practicable.S. 1830 14 1(c) Electronic monitoring of the location of a principal may be2conducted only by a public entity under the supervision and control of a3county or municipality or a non-profit entity under contract to the4county, municipality or the state. A county or municipality shall be5authorized to enter into a contract with another county or municipality6in the state to monitor principals under non-monetary conditions of7release in its county, but counties, municipalities and the state shall8not contract with any private for-profit entity for such purposes.9Counties, municipalities and the state may contract with a private for-10profit entity to supply electronic monitoring devices or other items,11provided that any interaction with persons under electronic monitoring12or the data produced by such monitoring shall be conducted solely by13employees of a county, municipality, the state, or a non-profit entity14under contract with such county, municipality or the state.15(d) Electronic monitoring of a principal's location may be for a maxi-16mum period of sixty days, and may be renewed for such period, after17notice, an opportunity to be heard and a de novo, individualized deter-18mination in accordance with this subdivision, which shall be explained19on the record or in writing.20A defendant subject to electronic location monitoring under this21subdivision shall be considered held or confined in custody for purposes22of section 180.80 of this chapter and shall be considered committed to23the custody of the sheriff for purposes of section 170.70 of the chap-24ter, as applicable.255. If a principal is released under non-monetary conditions, the court26shall, on the record and in an individualized written document provided27to the principal, notify the principal, in plain language and a manner28sufficiently clear and specific:29(a) of any conditions to which the principal is subject, to serve as a30guide for the principal's conduct; and31(b) that the possible consequences for violation of such a condition32may include revocation of the securing order and the ordering of a more33restrictive securing order.] 34 § 14. Sections 510.43 and 510.45 of the criminal procedure law are 35 REPEALED. 36 § 15. Section 510.50 of the criminal procedure law, as amended by 37 section 9 of part JJJ of chapter 59 of the laws of 2019, is amended to 38 read as follows: 39 § 510.50 Enforcement of securing order. 40 [1.] When the attendance of a principal confined in the custody of the 41 sheriff is required at the criminal action or proceeding at a particular 42 time and place, the court may compel such attendance by directing the 43 sheriff to produce the principal at such time and place. If the princi- 44 pal is at liberty on the principal's own recognizance [or non-monetary45conditions] or on bail, the principal's attendance may be achieved or 46 compelled by various methods, including notification and the issuance of 47 a bench warrant, prescribed by law in provisions governing such matters 48 with respect to the particular kind of action or proceeding involved. 49 [2. Except when the principal is charged with a new crime while at50liberty, absent relevant, credible evidence demonstrating that a princi-51pal's failure to appear for a scheduled court appearance was willful,52the court, prior to issuing a bench warrant for a failure to appear for53a scheduled court appearance, shall provide at least forty-eight hours54notice to the principal or the principal's counsel that the principal is55required to appear, in order to give the principal an opportunity to56appear voluntarily.]S. 1830 15 1 § 16. Paragraph (b) of subdivision 2 of section 520.10 of the criminal 2 procedure law, as amended by section 10 of part JJJ of chapter 59 of the 3 laws of 2019, is amended to read as follows: 4 (b) The court [shall] may direct that the bail be posted in any one of 5 [three] two or more of the forms specified in subdivision one of this 6 section, designated in the alternative, and may designate different 7 amounts varying with the forms[, except that one of the forms shall be8either an unsecured or partially secured surety bond, as selected by the9court]. 10 § 17. Section 530.10 of the criminal procedure law, as amended by 11 section 11 of part JJJ of chapter 59 of the laws of 2019, is amended to 12 read as follows: 13 § 530.10 Order of recognizance [release under non-monetary conditions] 14 or bail; in general. 15 Under circumstances prescribed in this article, a court, upon applica- 16 tion of a defendant charged with or convicted of an offense, is required 17 [to issue a securing order] or authorized to order bail or recognizance 18 for the release or prospective release of such defendant during the 19 pendency of either: 20 1. A criminal action based upon such charge; or 21 2. An appeal taken by the defendant from a judgment of conviction or a 22 sentence or from an order of an intermediate appellate court affirming 23 or modifying a judgment of conviction or a sentence. 24 § 18. Subdivision 4 of section 530.11 of the criminal procedure law, 25 as amended by section 12 of part JJJ of chapter 59 of the laws of 2019, 26 is amended to read as follows: 27 4. When a person is arrested for an alleged family offense or an 28 alleged violation of an order of protection or temporary order of 29 protection or arrested pursuant to a warrant issued by the supreme or 30 family court, and the supreme or family court, as applicable, is not in 31 session, such person shall be brought before a local criminal court in 32 the county of arrest or in the county in which such warrant is return- 33 able pursuant to article one hundred twenty of this chapter. Such local 34 criminal court may issue any order authorized under subdivision eleven 35 of section 530.12 of this article, section one hundred fifty-four-d or 36 one hundred fifty-five of the family court act or subdivision three-b of 37 section two hundred forty or subdivision two-a of section two hundred 38 fifty-two of the domestic relations law, in addition to discharging 39 other arraignment responsibilities as set forth in this chapter. In 40 making such order, the local criminal court shall consider [de novo] the 41 bail recommendation [and securing order], if any, made by the supreme or 42 family court as indicated on the warrant or certificate of warrant. 43 Unless the petitioner or complainant requests otherwise, the court, in 44 addition to scheduling further criminal proceedings, if any, regarding 45 such alleged family offense or violation allegation, shall make such 46 matter returnable in the supreme or family court, as applicable, on the 47 next day such court is in session. 48 § 19. Subdivision 11 of section 530.12 of the criminal procedure law, 49 as amended by section 15 of part JJJ of chapter 59 of the laws of 2019, 50 is amended to read as follows: 51 11. If a defendant is brought before the court for failure to obey any 52 lawful order issued under this section, or an order of protection issued 53 by a court of competent jurisdiction in another state, territorial or 54 tribal jurisdiction, and if, after hearing, the court is satisfied by 55 competent proof that the defendant has willfully failed to obey any such 56 order, the court may:S. 1830 16 1 (a) revoke an order of recognizance [or release under non-monetary2conditions] or revoke an order of bail or order forfeiture of such bail 3 and commit the defendant to custody; or 4 (b) restore the case to the calendar when there has been an adjourn- 5 ment in contemplation of dismissal and commit the defendant to custody; 6 or 7 (c) revoke a conditional discharge in accordance with section 410.70 8 of this chapter and impose probation supervision or impose a sentence of 9 imprisonment in accordance with the penal law based on the original 10 conviction; or 11 (d) revoke probation in accordance with section 410.70 of this chapter 12 and impose a sentence of imprisonment in accordance with the penal law 13 based on the original conviction. In addition, if the act which consti- 14 tutes the violation of the order of protection or temporary order of 15 protection is a crime or a violation the defendant may be charged with 16 and tried for that crime or violation. 17 § 20. The opening paragraph of subdivision 1 of section 530.13 of the 18 criminal procedure law, as amended by section 14 of part JJJ of chapter 19 59 of the laws of 2019, is amended to read as follows: 20 When any criminal action is pending, and the court has not issued a 21 temporary order of protection pursuant to section 530.12 of this arti- 22 cle, the court, in addition to the other powers conferred upon it by 23 this chapter, may for good cause shown issue a temporary order of 24 protection in conjunction with any securing order committing the defend- 25 ant to the custody of the sheriff or as a condition of a pre-trial 26 release, or as a condition of release on bail or an adjournment in 27 contemplation of dismissal. In addition to any other conditions, such an 28 order may require that the defendant: 29 § 21. Paragraph (a) of subdivision 8 of section 530.13 of the criminal 30 procedure law, as amended by section 13 of part JJJ of chapter 59 of the 31 laws of 2019, is amended to read as follows: 32 (a) revoke an order of recognizance[, release under non-monetary33conditions] or bail and commit the defendant to custody; or 34 § 22. Section 530.20 of the criminal procedure law is REPEALED and a 35 new section 530.20 is added to read as follows: 36 § 530.20 Order of recognizance or bail; by local criminal court when 37 action is pending therein. 38 When a criminal action is pending in a local criminal court, such 39 court, upon application of a defendant, must or may order recognizance 40 or bail as follows: 41 1. When the defendant is charged, by information, simplified informa- 42 tion, prosecutor's information or misdemeanor complaint, with an offense 43 or offenses of less than felony grade only, the court must order recog- 44 nizance or bail. 45 2. When the defendant is charged, by felony complaint, with a felony, 46 the court may, in its discretion, order recognizance or bail except as 47 otherwise provided in this subdivision: 48 (a) A city court, a town court or a village court may not order recog- 49 nizance or bail when (i) the defendant is charged with a class A felony, 50 or (ii) it appears that the defendant has two previous felony 51 convictions; 52 (b) No local criminal court may order recognizance or bail with 53 respect to a defendant charged with a felony unless and until: 54 (i) The district attorney has been heard in the matter or, after know- 55 ledge or notice of the application and reasonable opportunity to beS. 1830 17 1 heard, has failed to appear at the proceeding or has otherwise waived 2 his or her right to do so; and 3 (ii) The court has been furnished with a report of the division of 4 criminal justice services concerning the defendant's criminal record if 5 any or with a police department report with respect to the defendant's 6 prior arrest record. If neither report is available, the court, with the 7 consent of the district attorney, may dispense with this requirement; 8 provided, however, that in an emergency, including but not limited to a 9 substantial impairment in the ability of such division or police depart- 10 ment to timely furnish such report, such consent shall not be required 11 if, for reasons stated on the record, the court deems it unnecessary. 12 When the court has been furnished with any such report or record, it 13 shall furnish a copy thereof to counsel for the defendant or, if the 14 defendant is not represented by counsel, to the defendant. 15 3. The court shall make an individualized determination if: (a) the 16 defendant poses a risk of flight to avoid prosecution; (b) the defendant 17 poses a risk of failing to appear in court based on the defendant's 18 record of a prior criminal conviction or failure to appear in prior 19 court proceedings; or (c) the defendant poses a risk of endangering the 20 safety of any other person or the community. If the court finds that the 21 defendant poses a risk of flight or a risk of failure to appear but does 22 not pose a risk of endangering the safety of any other person or the 23 community, the court shall release the defendant subject to the lowest 24 reasonable bail and/or the least restrictive further condition or combi- 25 nation of conditions that will reasonably ensure the appearance of the 26 defendant considering the nature and circumstances of the charged 27 offense, the weight of the evidence, the history and characteristics of 28 the defendant, and the nature and seriousness of the danger posed by the 29 defendant's release. If the court determines that no condition or combi- 30 nation of conditions will reasonably assure the appearance of the 31 defendant and the safety of any other person of the community, the court 32 shall order detention without bail. 33 4. If the defendant is arrested during the interim period while await- 34 ing a preliminary hearing or trial, the court shall revoke or otherwise 35 terminate the previous order and issue a new order taking into account 36 the subsequent arrest. 37 5. (a) All orders issued under this section where the defendant is 38 incarcerated solely because of said order shall be reviewed and re-eval- 39 uated by the court no later than: 40 (i) every four weeks thereafter where a class A misdemeanor is the 41 highest grade offense; 42 (ii) every six weeks thereafter where a class E felony is the highest 43 grade offense; 44 (iii) every eight weeks thereafter where a class D felony is the high- 45 est grade offense; 46 (iv) every ten weeks thereafter where a class C felony is the highest 47 grade offense; or 48 (v) every twelve weeks thereafter where a class B felony is the high- 49 est grade offense. 50 (b) Upon such review or re-evaluation, the court shall reconsider 51 whether the defendant should be released on personal recognizance or 52 upon posting reduced bail in the interests of justice after considering 53 the length of time the defendant has already been incarcerated, the 54 likely sentence that would be imposed if the defendant were found guilty 55 or pled guilty to the charged offense, the nature and circumstances of 56 the charged offense, the weight of the evidence, the history and charac-S. 1830 18 1 teristics of the defendant, the nature and seriousness of the danger 2 posed by the defendant's release, and whether the principal should be 3 released subject to a further condition, or combination of conditions, 4 that reasonably justifies the release of the defendant on personal 5 recognizance or reduced bail, and such other factors in the interests of 6 justice as reasonably determined by the court based on an individualized 7 determination as to whether and to what extent that the defendant 8 continues to pose a risk of flight to avoid prosecution, continues to 9 pose a risk of failing to appear in court based on the defendant's 10 record of a prior criminal conviction or failure to appear in prior 11 court proceedings, or continues to pose a risk of endangering the safety 12 of any other person or the community. If the court determines that no 13 condition or combination of conditions will reasonably ensure the 14 appearance of the defendant and the safety of any other person of the 15 community, the court shall continue to detain the defendant without bail 16 or without a reduction in the amount of the bail. 17 § 23. The section heading and subdivisions 1 and 2 of section 530.30 18 of the criminal procedure law, as amended by section 17 of part JJJ of 19 chapter 59 of the laws of 2019, are amended to read as follows: 20 Order of recognizance[, release under non-monetary conditions] or 21 bail; by superior court judge when action is pending in local criminal 22 court. 23 1. When a criminal action is pending in a local criminal court, other 24 than one consisting of a superior court judge sitting as such, a judge 25 of a superior court holding a term thereof in the county, upon applica- 26 tion of a defendant, may order recognizance[, release under non-monetary27conditions] or[, where authorized,] bail when such local criminal court: 28 (a) Lacks authority to issue such an order, pursuant to the relevant 29 provisions of section 530.20 of this article; or 30 (b) Has denied an application for recognizance[, release under non-31monetary conditions] or bail; or 32 (c) Has fixed bail[, where authorized,] which is excessive[; or33(d) Has set a securing order of release under non-monetary conditions34which are more restrictive than necessary to reasonably assure the35defendant's return to court]. 36 In such case, such superior court judge may vacate the order of such 37 local criminal court and release the defendant on his or her own recog- 38 nizance [or under non-monetary conditions,] or [where authorized,] fix 39 bail in a lesser amount or in a less burdensome form[, whichever are the40least restrictive alternative and conditions that will reasonably assure41the defendant's return to court. The court shall explain its choice of42alternative and conditions on the record or in writing]. 43 2. Notwithstanding the provisions of subdivision one of this section, 44 when the defendant is charged with a felony in a local criminal court, a 45 superior court judge may not order recognizance, [release under non-mon-46etary conditions] or[, where authorized,] bail unless and until the 47 district attorney has had an opportunity to be heard in the matter and 48 such judge [and counsel for the defendant have] has been furnished with 49 a report as described in subparagraph (ii) of paragraph (b) of subdivi- 50 sion two of section 530.20 of this article. 51 § 24. Section 530.40 of the criminal procedure law is REPEALED and a 52 new section 530.40 is added to read as follows: 53 § 530.40 Order of recognizance or bail; by superior court when action is 54 pending therein.S. 1830 19 1 When a criminal action is pending in a superior court, such court, 2 upon application of a defendant, must or may order recognizance or bail 3 as follows: 4 1. When the defendant is charged with an offense or offenses of less 5 than felony grade only, the court must order recognizance or bail. 6 2. When the defendant is charged with a felony, the court may, in its 7 discretion, order recognizance or bail. In any such case in which an 8 indictment (a) has resulted from an order of a local criminal court 9 holding the defendant for the action of the grand jury, or (b) was filed 10 at a time when a felony complaint charging the same conduct was pending 11 in a local criminal court, and in which such local criminal court or a 12 superior court judge has issued an order of recognizance or bail which 13 is still effective, the superior court's order may be in the form of a 14 direction continuing the effectiveness of the previous order. 15 3. Notwithstanding the provisions of subdivision two of this section, 16 a superior court may not order recognizance or bail, or permit a defend- 17 ant to remain at liberty pursuant to an existing order, after the 18 defendant has been convicted of either: (a) a class A felony or (b) any 19 class B or class C felony defined in article one hundred thirty of the 20 penal law committed or attempted to be committed by a person eighteen 21 years of age or older against a person less than eighteen years of age. 22 In either case the court must commit or remand the defendant to the 23 custody of the sheriff. 24 4. Notwithstanding the provisions of subdivision two of this section, 25 a superior court may not order recognizance or bail when the defendant 26 is charged with a felony unless and until the district attorney has had 27 an opportunity to be heard in the matter and such court has been 28 furnished with a report as described in subparagraph (ii) of paragraph 29 (b) of subdivision two of section 530.20 of this article. 30 5. The court shall make an individualized determination if: (a) the 31 defendant poses a risk of flight to avoid prosecution; (b) the defendant 32 poses a risk of failing to appear in court based on the defendant's 33 record of a prior criminal conviction or failure to appear in prior 34 court proceedings; or (c) the defendant poses a risk of endangering the 35 safety of any other person or the community. If the court finds that the 36 defendant poses a risk of flight or a risk of failure to appear but does 37 not pose a risk of endangering the safety of any other person or the 38 community, the court shall release the defendant subject to the lowest 39 reasonable bail and/or the least restrictive further condition or combi- 40 nation of conditions that will reasonably ensure the appearance of the 41 defendant considering the nature and circumstances of the charged 42 offense, the weight of the evidence, the history and characteristics of 43 the defendant, and the nature and seriousness of the danger posed by the 44 defendant's release. If the court determines that no condition or combi- 45 nation of conditions will reasonably assure the appearance of the 46 defendant and the safety of any other person of the community, the court 47 shall order detention without bail. 48 6. If the defendant is arrested during the interim period while await- 49 ing a preliminary hearing or trial, the court shall revoke or otherwise 50 terminate the previous order and issue a new order taking into account 51 the subsequent arrest. 52 7. (a) All orders issued under this section where the defendant is 53 incarcerated solely because of said order shall be reviewed and re-eval- 54 uated by the court no later than: 55 (i) every four weeks thereafter where a class A misdemeanor is the 56 highest grade offense;S. 1830 20 1 (ii) every six weeks thereafter where a class E felony is the highest 2 grade offense; 3 (iii) every eight weeks thereafter where a class D felony is the high- 4 est grade offense; 5 (iv) every ten weeks thereafter where a class C felony is the highest 6 grade offense; or 7 (v) every twelve weeks thereafter where a class B felony is the high- 8 est grade offense. 9 (b) Upon such review or re-evaluation, the court shall reconsider 10 whether the defendant should be released on personal recognizance or 11 upon posting reduced bail in the interests of justice after considering 12 the length of time the defendant has already been incarcerated, the 13 likely sentence that would be imposed if the defendant were found guilty 14 or pled guilty to the charged offense, the nature and circumstances of 15 the charged offense, the weight of the evidence, the history and charac- 16 teristics of the defendant, the nature and seriousness of the danger 17 posed by the defendant's release, and whether the principal should be 18 released subject to a further condition, or combination of conditions, 19 that reasonably justifies the release of the defendant on personal 20 recognizance or reduced bail, and such other factors in the interests of 21 justice as reasonably determined by the court based on an individualized 22 determination as to whether and to what extent that the defendant 23 continues to pose a risk of flight to avoid prosecution, continues to 24 pose a risk of failing to appear in court based on the defendant's 25 record of a prior criminal conviction or failure to appear in prior 26 court proceedings, or continues to pose a risk of endangering the safety 27 of any other person or the community. If the court determines that no 28 condition or combination of conditions will reasonably ensure the 29 appearance of the defendant and the safety of any other person of the 30 community, the court shall continue to detain the defendant without bail 31 or without a reduction in the amount of the bail. 32 § 25. Subdivision 1 of section 530.45 of the criminal procedure law, 33 as amended by section 19 of part JJJ of chapter 59 of the laws of 2019, 34 is amended to read as follows: 35 1. When the defendant is at liberty in the course of a criminal action 36 as a result of a prior order of recognizance[, release under non-mone-37tary conditions] or bail and the court revokes such order and then[,38where authorized,] either fixes no bail or fixes bail in a greater 39 amount or in a more burdensome form than was previously fixed and 40 remands or commits defendant to the custody of the sheriff, [or issues a41more restrictive securing order,] a judge designated in subdivision two 42 of this section, upon application of the defendant following conviction 43 of an offense other than a class A felony or a class B or class C felony 44 offense as defined in article one hundred thirty of the penal law 45 committed or attempted to be committed by a person eighteen years of age 46 or older against a person less than eighteen years of age, and before 47 sentencing, may issue a securing order and either release the defendant 48 on the defendant's own recognizance, [release the defendant under non-49monetary conditions,] or[, where authorized,] fix bail or fix bail in a 50 lesser amount or in a less burdensome form[, or issue a less restrictive51securing order,] than fixed by the court in which the conviction was 52 entered. 53 § 26. Subdivision 2-a of section 530.45 of the criminal procedure law 54 is REPEALED. 55 § 27. Section 530.50 of the criminal procedure law, as amended by 56 chapter 264 of the laws of 2003, subdivision 1 as designated and subdi-S. 1830 21 1 vision 2 as added by section 10 of part UU of chapter 56 of the laws of 2 2020 and subdivision 3 as added by section 4 of subpart D of part UU of 3 chapter 56 of the laws of 2022, is amended to read as follows: 4 § 530.50 Order of recognizance or bail; during pendency of appeal. 5 1. A judge who is otherwise authorized pursuant to section 460.50 or 6 [section] 460.60 of this chapter to issue an order of recognizance or 7 bail pending the determination of an appeal, may do so unless the 8 defendant received a class A felony sentence or a sentence for any class 9 B or class C felony offense defined in article one hundred thirty of the 10 penal law committed or attempted to be committed by a person eighteen 11 years of age or older against a person less than eighteen years of age. 12 [2. Notwithstanding the provisions of subdivision four of section13510.10, paragraph (b) of subdivision one of section 530.20 and subdivi-14sion four of section 530.40 of this title, when a defendant charged with15an offense that is not such a qualifying offense applies, pending deter-16mination of an appeal, for an order of recognizance or release on non-17monetary conditions, where authorized, or fixing bail, a judge identi-18fied in subdivision two of section 460.50 or paragraph (a) of19subdivision one of section 460.60 of this chapter may, in accordance20with law, and except as otherwise provided by law, issue a securing21order: releasing the defendant on the defendant's own recognizance or22under non-monetary conditions where authorized, fixing bail, or remand-23ing the defendant to the custody of the sheriff where authorized.] 24 [3.] 2. Where an appeal by the people has been taken from an order 25 dismissing one or more counts of an accusatory instrument for failure to 26 comply with a discovery order pursuant to subdivision twelve of section 27 450.20 of this chapter and the defendant is charged with a qualifying 28 offense in the remaining counts in the accusatory instrument, pending 29 determination of an appeal, the defendant may apply for an order of 30 recognizance or release on non-monetary conditions, where authorized, or 31 fixing bail. A judge identified in subdivision two of section 460.50 of 32 this chapter or paragraph (a) of subdivision one of section 460.60 of 33 this chapter may, in accordance with law, and except as otherwise 34 provided by law, issue a securing order releasing the defendant on the 35 defendant's own recognizance or under non-monetary conditions where 36 authorized, fixing bail, or remanding the defendant to the custody of 37 the sheriff where authorized. 38 § 28. Section 530.60 of the criminal procedure law, as amended by 39 section 20 of part JJJ of chapter 59 of the laws of 2019, is amended to 40 read as follows: 41 § 530.60 [Certain modifications of a securing order] Order of recogni- 42 zance or bail; revocation thereof. 43 1. Whenever in the course of a criminal action or proceeding a defend- 44 ant is at liberty as a result of an order of recognizance[, release45under non-monetary conditions] or bail issued pursuant to this chapter, 46 and the court considers it necessary to review such order, [whether due47to a motion by the people or otherwise,] the court may, and [except as48provided in subdivision two of section 510.50 of this title concerning a49failure to appear in court,] by a bench warrant if necessary, require 50 the defendant to appear before the court. Upon such appearance, the 51 court, for good cause shown, may revoke the order of recognizance[,52release under non-monetary conditions,] or bail. If the defendant is 53 entitled to recognizance[, release under non-monetary conditions,] or 54 bail as a matter of right, the court must issue another such order. If 55 the defendant is not, the court may either issue such an order or commitS. 1830 22 1 the defendant to the custody of the sheriff in accordance with this 2 section. 3 Where the defendant is committed to the custody of the sheriff and is 4 held on a felony complaint, a new period as provided in section 180.80 5 of this chapter shall commence to run from the time of the defendant's 6 commitment under this subdivision. 7 2. (a) Whenever in the course of a criminal action or proceeding a 8 defendant charged with the commission of a felony is at liberty as a 9 result of an order of recognizance, [release under non-monetary condi-10tions] or bail issued pursuant to this article it shall be grounds for 11 revoking such order that the court finds reasonable cause to believe the 12 defendant committed one or more specified class A or violent felony 13 offenses or intimidated a victim or witness in violation of section 14 215.15, 215.16 or 215.17 of the penal law while at liberty. 15 [(b) Except as provided in paragraph (a) of this subdivision or any16other law, whenever in the course of a criminal action or proceeding a17defendant charged with the commission of an offense is at liberty as a18result of an order of recognizance, release under non-monetary condi-19tions or bail issued pursuant to this article it shall be grounds for20revoking such order and fixing bail in such criminal action or proceed-21ing when the court has found, by clear and convincing evidence, that the22defendant:23(i) persistently and willfully failed to appear after notice of sched-24uled appearances in the case before the court; or25(ii) violated an order of protection in the manner prohibited by26subdivision (b), (c) or (d) of section 215.51 of the penal law while at27liberty; or28(iii) stands charged in such criminal action or proceeding with a29misdemeanor or violation and, after being so charged, intimidated a30victim or witness in violation of section 215.15, 215.16 or 215.17 of31the penal law or tampered with a witness in violation of section 215.11,32215.12 or 215.13 of the penal law, law while at liberty; or33(iv) stands charged in such action or proceeding with a felony and,34after being so charged, committed a felony while at liberty.35(c)] Before revoking an order of recognizance[, release under non-mon-36etary conditions,] or bail pursuant to this subdivision, the court must 37 hold a hearing and shall receive any relevant, admissible evidence not 38 legally privileged. The defendant may cross-examine witnesses and may 39 present relevant, admissible evidence on his own behalf. Such hearing 40 may be consolidated with, and conducted at the same time as, a felony 41 hearing conducted pursuant to article one hundred eighty of this chap- 42 ter. A transcript of testimony taken before the grand jury upon presen- 43 tation of the subsequent offense shall be admissible as evidence during 44 the hearing. The district attorney may move to introduce grand jury 45 testimony of a witness in lieu of that witness' appearance at the hear- 46 ing. 47 [(d)] (b) Revocation of an order of recognizance[, release under non-48monetary conditions] or bail and [a new securing order fixing bail or] 49 commitment[, as specified in this paragraph and] pursuant to this subdi- 50 vision shall be for the following periods, either: 51 (i) [Under paragraph (a) of this subdivision, revocation of the order52of recognizance, release under non-monetary conditions or, as the case53may be, bail, and a new securing order fixing bail or committing the54defendant to the custody of the sheriff shall be as follows:55(A)] For a period not to exceed ninety days exclusive of any periods 56 of adjournment requested by the defendant; orS. 1830 23 1 [(B)] (ii) Until the charges contained within the accusatory instru- 2 ment have been reduced or dismissed such that no count remains which 3 charges the defendant with commission of a felony; or 4 [(C)] (iii) Until reduction or dismissal of the charges contained 5 within the accusatory instrument charging the subsequent offense such 6 that no count remains which charges the defendant with commission of a 7 class A or violent felony offense. 8 Upon expiration of any of the three periods specified within this 9 [subparagraph] paragraph, whichever is shortest, the court may grant or 10 deny release upon an order of bail or recognizance in accordance with 11 the provisions of this article. Upon conviction to an offense the 12 provisions of this article [five hundred thirty of this chapter] shall 13 apply[; and]. 14 [(ii) Under paragraph (b) of this subdivision, revocation of the order15of recognizance, release under non-monetary conditions or, as the case16may be, bail shall result in the issuance of a new securing order which17may, if otherwise authorized by law, permit the principal's release on18recognizance or release under non-monetary conditions, but shall also19render the defendant eligible for an order fixing bail provided, howev-20er, that in accordance with the principles in this title the court must21select the least restrictive alternative and condition or conditions22that will reasonably assure the principal's return to court. Nothing in23this subparagraph shall be interpreted as shortening the period of24detention, or requiring or authorizing any less restrictive form of a25securing order, which may be imposed pursuant to any other law.26(e)] (c) Notwithstanding the provisions of paragraph (a) [or (b)] of 27 this subdivision a defendant, against whom a felony complaint has been 28 filed which charges the defendant with commission of a class A or 29 violent felony offense [or violation of section 215.15, 215.16 or 215.1730of the penal law] committed while he or she was at liberty as specified 31 therein, may be committed to the custody of the sheriff pending a revo- 32 cation hearing for a period not to exceed seventy-two hours. An addi- 33 tional period not to exceed seventy-two hours may be granted by the 34 court upon application of the district attorney upon a showing of good 35 cause or where the failure to commence the hearing was due to the 36 defendant's request or occurred with his or her consent. Such good cause 37 must consist of some compelling fact or circumstance which precluded 38 conducting the hearing within the initial prescribed period. 39 § 29. Paragraph (a) of subdivision 9 of section 216.05 of the criminal 40 procedure law, as amended by chapter 435 of the laws of 2021, is amended 41 to read as follows: 42 (a) If at any time during the defendant's participation in the judi- 43 cial diversion program, the court has reasonable grounds to believe that 44 the defendant has violated a release condition [in an important respect] 45 or has [willfully] failed to appear before the court as requested, the 46 court [except as provided in subdivision two of section 510.50 of this47chapter regarding a failure to appear,] shall direct the defendant to 48 appear or issue a bench warrant to a police officer or an appropriate 49 peace officer directing him or her to take the defendant into custody 50 and bring the defendant before the court without unnecessary delay; 51 provided, however, that under no circumstances shall a defendant who 52 requires treatment for opioid use be deemed to have violated a release 53 condition on the basis of his or her participation in medically 54 prescribed drug treatments under the care of a health care professional 55 licensed or certified under title eight of the education law, acting 56 within his or her lawful scope of practice. The [relevant] provisions ofS. 1830 24 1 subdivision one of section 530.60 of this chapter relating to [issuance2of securing orders] revocation of recognizance or bail shall apply to 3 such proceedings under this subdivision. 4 § 30. Section 410.60 of the criminal procedure law, as amended by 5 section 23 of part JJJ of chapter 59 of the laws of 2019, is amended to 6 read as follows: 7 § 410.60 Appearance before court. 8 A person who has been taken into custody pursuant to section 410.40 or 9 [section] 410.50 of this article for violation of a condition of a 10 sentence of probation or a sentence of conditional discharge must forth- 11 with be brought before the court that imposed the sentence. Where a 12 violation of probation petition and report has been filed and the person 13 has not been taken into custody nor has a warrant been issued, an 14 initial court appearance shall occur within ten business days of the 15 court's issuance of a notice to appear. If the court has reasonable 16 cause to believe that such person has violated a condition of the 17 sentence, it may commit such person to the custody of the sheriff[,] or 18 fix bail[, release such person under non-monetary conditions] or release 19 such person on such person's own recognizance for future appearance at a 20 hearing to be held in accordance with section 410.70 of this article. If 21 the court does not have reasonable cause to believe that such person has 22 violated a condition of the sentence, it must direct that such person be 23 released. 24 § 31. Subdivision 3 of section 620.50 of the criminal procedure law, 25 as amended by section 24 of part JJJ of chapter 59 of the laws of 2019, 26 is amended to read as follows: 27 3. A material witness order must be executed as follows: 28 (a) If the bail is posted and approved by the court, the witness must, 29 as provided in subdivision [two] three of section 510.40 of this part, 30 be released and be permitted to remain at liberty; provided that, where 31 the bail is posted by a person other than the witness himself or 32 herself, he or she may not be so released except upon his or her signed 33 written consent thereto; 34 (b) If the bail is not posted, or if though posted it is not approved 35 by the court, the witness must, as provided in subdivision [two] three 36 of section 510.40 of this part, be committed to the custody of the sher- 37 iff. 38 § 32. Subdivision 5 of section 216 of the judiciary law is REPEALED. 39 § 33. Section 837-u of the executive law is REPEALED. 40 § 34. This act shall take effect immediately. 41 PART C 42 Section 1. Paragraph (c) of subdivision 1 of section 245.20 of the 43 criminal procedure law, as amended by section 2 of part HHH of chapter 44 56 of the laws of 2020, is amended to read as follows: 45 (c) The names and adequate contact information for all persons other 46 than law enforcement personnel whom the prosecutor knows to have 47 evidence or information relevant to any offense charged or to any poten- 48 tial defense thereto who have given affirmative consent for such disclo- 49 sure of his or her contact information or have been denied a protective 50 order pursuant to section 245.70 of this article, including a desig- 51 nation by the prosecutor as to which of those persons may be called as 52 witnesses. Affirmative consent to disclose contact information shall be 53 requested by law enforcement personnel conducting the initial interview 54 of persons who have evidence or information relevant to any offenseS. 1830 25 1 charged or to any potential defense thereto. A person who does not 2 provide affirmative consent for disclosure of his or her contact infor- 3 mation shall provide good cause for such denial, and the prosecution 4 shall make a motion for a protective order pursuant to section 245.70 of 5 this article on the behalf of such person. Nothing in this paragraph 6 shall require the disclosure of physical addresses; provided, however, 7 upon a motion and good cause shown the court may direct the disclosure 8 of a physical address. Information under this subdivision relating to 9 the identity of a 911 caller, the victim or witness of an offense 10 defined under article one hundred thirty or section 230.34 or 230.34-a 11 of the penal law, any other victim or witness of a crime where the 12 defendant has substantiated affiliation with a criminal enterprise as 13 defined in subdivision three of section 460.10 of the penal law, or a 14 confidential informant may be withheld, and redacted from discovery 15 materials, without need for a motion pursuant to section 245.70 of this 16 article; but the prosecution shall notify the defendant in writing that 17 such information has not been disclosed, unless the court rules other- 18 wise for good cause shown. 19 § 2. This act shall take effect immediately. 20 PART D 21 Section 1. Subdivisions 1 and 10 of section 400.27 of the criminal 22 procedure law, as added by chapter 1 of the laws of 1995, are amended to 23 read as follows: 24 1. Upon [the] conviction of a defendant for the offense of murder in 25 the first degree as defined by subparagraph (i), (ii), (ii-a) or (iii) 26 of paragraph (a) of subdivision one of section 125.27 of the penal law, 27 the court shall promptly conduct a separate sentencing proceeding to 28 determine whether the defendant shall be sentenced to death or to life 29 imprisonment without parole pursuant to subdivision five of section 30 70.00 of the penal law. Nothing in this section shall be deemed to 31 preclude the people at any time from determining that the death penalty 32 shall not be sought in a particular case, in which case the separate 33 sentencing proceeding shall not be conducted and the court may sentence 34 such defendant to life imprisonment without parole or to a sentence of 35 imprisonment for the class A-I felony of murder in the first degree 36 other than a sentence of life imprisonment without parole. 37 10. (a) At the conclusion of all the evidence, the people and the 38 defendant may present argument in summation for or against the sentence 39 sought by the people. The people may deliver the first summation and the 40 defendant may then deliver the last summation. Thereafter, the court 41 shall deliver a charge to the jury on any matters appropriate in the 42 circumstances. In its charge, the court must instruct the jury that with 43 respect to each count of murder in the first degree, as defined in 44 subparagraph (i), (ii), (ii-a) or (iii) of paragraph (a) of subdivision 45 one of section 125.27 of the penal law, the jury should consider whether 46 or not a sentence of death should be imposed and whether or not a 47 sentence of life imprisonment without parole should be imposed[, and]. 48 (b) The court must instruct the jury that the jury must be unanimous 49 with respect to either sentence. The court must also instruct the jury 50 that in the event the jury fails to reach unanimous agreement with 51 respect to the sentence, the court will sentence the defendant to a term 52 of imprisonment with a minimum term of between twenty and twenty-five 53 years and a maximum term of life.S. 1830 26 1 (c) Following the court's charge, the jury shall retire to consider 2 the sentence to be imposed. Unless inconsistent with the provisions of 3 this section, the provisions of sections 310.10, 310.20 and 310.30 of 4 this part shall govern the deliberations of the jury. 5 § 2. This act shall take effect immediately and shall apply to 6 offenses committed on or after such effective date. 7 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 8 sion, section or part of this act shall be adjudged by any court of 9 competent jurisdiction to be invalid, such judgment shall not affect, 10 impair, or invalidate the remainder thereof, but shall be confined in 11 its operation to the clause, sentence, paragraph, subdivision, section 12 or part thereof directly involved in the controversy in which such judg- 13 ment shall have been rendered. It is hereby declared to be the intent of 14 the legislature that this act would have been enacted even if such 15 invalid provisions had not been included herein. 16 § 3. This act shall take effect immediately provided, however, that 17 the applicable effective date of Parts A through D of this act shall be 18 as specifically set forth in the last section of such Parts.