- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A03055 Summary:
BILL NO | A03055A |
  | |
SAME AS | No Same As |
  | |
SPONSOR | Aubry (MS) |
  | |
COSPNSR | Perry, Arroyo, Barron, Blake, Cook, Crespo, Davila, Kim, Pichardo, Pretlow, Richardson, Bichotte, Gottfried, Sepulveda, Otis, Jean-Pierre, Skartados, Joyner, Rosenthal L, Mosley, Peoples-Stokes, Rozic, Rodriguez, Hyndman, Weprin, Carroll, De La Rosa, Jaffee, Dickens, Espinal |
  | |
MLTSPNSR | Englebright, Ramos, Simon |
  | |
Amd §§30.30 & 180.85, CP L | |
  | |
Relates to time limits for a speedy trial. |
A03055 Actions:
BILL NO | A03055A | |||||||||||||||||||||||||||||||||||||||||||||||||
  | ||||||||||||||||||||||||||||||||||||||||||||||||||
01/25/2017 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
01/30/2017 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
02/02/2017 | advanced to third reading cal.40 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/07/2017 | amended on third reading 3055a | |||||||||||||||||||||||||||||||||||||||||||||||||
02/14/2017 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
02/14/2017 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
02/14/2017 | REFERRED TO CODES | |||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2018 | DIED IN SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2018 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2018 | ordered to third reading cal.247 | |||||||||||||||||||||||||||||||||||||||||||||||||
03/19/2018 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
03/19/2018 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
03/19/2018 | REFERRED TO CODES |
A03055 Committee Votes:
Lentol | Aye | Graf | Aye | ||||||
Schimminger | Aye | Giglio | Aye | ||||||
Weinstein | Aye | McKevitt | Nay | ||||||
Pretlow | Aye | Montesano | Aye | ||||||
Cook | Aye | Ra | Aye | ||||||
Cymbrowitz | Aye | Morinello | Aye | ||||||
Titus | Aye | ||||||||
O'Donnell | Aye | ||||||||
Lavine | Aye | ||||||||
Perry | Aye | ||||||||
Zebrowski | Aye | ||||||||
Abinanti | Aye | ||||||||
Weprin | Aye | ||||||||
Mosley | Aye | ||||||||
Hevesi | Aye | ||||||||
Fahy | Aye | ||||||||
Go to top
A03055 Floor Votes:
ER
Abbate
ER
Crouch
Yes
Goodell
Yes
Lifton
Yes
O'Donnell
ER
Simanowitz
Yes
Abinanti
ER
Curran
Yes
Gottfried
Yes
Lopez
Yes
Ortiz
Yes
Simon
Yes
Arroyo
Yes
Cusick
Yes
Graf
Yes
Lupardo
Yes
Otis
Yes
Simotas
Yes
Aubry
ER
Cymbrowitz
Yes
Gunther
Yes
Lupinacci
Yes
Palmesano
Yes
Skartados
Yes
Barclay
ER
Davila
Yes
Harris
ER
Magee
Yes
Palumbo
Yes
Skoufis
Yes
Barnwell
Yes
De La Rosa
Yes
Hawley
Yes
Magnarelli
Yes
Paulin
Yes
Solages
Yes
Barrett
Yes
DenDekker
Yes
Hevesi
Yes
Malliotakis
Yes
Peoples-Stokes
Yes
Stec
Yes
Barron
Yes
Dickens
ER
Hikind
Yes
Mayer
Yes
Perry
Yes
Steck
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
McDonald
Yes
Pheffer Amato
Yes
Stirpe
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonough
Yes
Pichardo
Yes
Thiele
Yes
Blake
ER
DiPietro
Yes
Hyndman
Yes
McKevitt
Yes
Pretlow
Yes
Titone
ER
Blankenbush
Yes
D'Urso
Yes
Jaffee
Yes
McLaughlin
Yes
Quart
Yes
Titus
Yes
Brabenec
Yes
Englebright
Yes
Jean-Pierre
Yes
Miller B
Yes
Ra
Yes
Vanel
Yes
Braunstein
Yes
Errigo
Yes
Jenne
Yes
Miller MG
Yes
Raia
Yes
Walker
Yes
Brindisi
Yes
Fahy
Yes
Johns
Yes
Miller ML
ER
Ramos
Yes
Wallace
Yes
Bronson
Yes
Farrell
Yes
Jones
Yes
Montesano
Yes
Richardson
Yes
Walsh
Yes
Buchwald
Yes
Finch
Yes
Joyner
Yes
Morelle
Yes
Rivera
Yes
Walter
Yes
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Morinello
Yes
Rodriguez
Yes
Weinstein
Yes
Byrne
Yes
Friend
Yes
Kearns
Yes
Mosley
ER
Rosenthal
Yes
Weprin
Yes
Cahill
Yes
Galef
Yes
Kim
ER
Moya
ER
Rozic
ER
Williams
Yes
Carroll
Yes
Gantt
Yes
Kolb
Yes
Murray
Yes
Ryan
Yes
Woerner
Yes
Castorina
Yes
Garbarino
Yes
Lalor
Yes
Niou
ER
Santabarbara
Yes
Wright
Yes
Colton
Yes
Giglio
Yes
Lavine
Yes
Nolan
ER
Schimminger
Yes
Zebrowski
Yes
Cook
Yes
Gjonaj
ER
Lawrence
Yes
Norris
Yes
Seawright
Yes
Mr. Speaker
Yes
Crespo
ER
Glick
Yes
Lentol
Yes
Oaks
Yes
Sepulveda
‡ Indicates voting via videoconference
Yes
Abbate
Yes
Crouch
Yes
Gunther
ER
Mayer
Yes
Pichardo
Yes
Taylor
Yes
Abinanti
Yes
Curran
Yes
Harris
Yes
McDonald
Yes
Pretlow
Yes
Thiele
Yes
Arroyo
Yes
Cusick
Yes
Hawley
ER
McDonough
Yes
Quart
Yes
Titone
Yes
Aubry
Yes
Cymbrowitz
Yes
Hevesi
Yes
Miller B
Yes
Ra
Yes
Titus
Yes
Barclay
Yes
Davila
Yes
Hikind
Yes
Miller MG
Yes
Raia
Yes
Vanel
Yes
Barnwell
Yes
De La Rosa
Yes
Hooper
Yes
Miller ML
Yes
Ramos
Yes
Walker
Yes
Barrett
Yes
DenDekker
Yes
Hunter
Yes
Montesano
Yes
Richardson
Yes
Wallace
Yes
Barron
ER
Dickens
Yes
Hyndman
Yes
Morelle
Yes
Rivera
Yes
Walsh
Yes
Benedetto
Yes
Dilan
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
ER
Walter
Yes
Bichotte
Yes
Dinowitz
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal D
Yes
Weinstein
Yes
Blake
Yes
DiPietro
Yes
Jenne
Yes
Murray
Yes
Rosenthal L
Yes
Weprin
Yes
Blankenbush
Yes
D'Urso
Yes
Johns
Yes
Niou
Yes
Rozic
Yes
Williams
Yes
Brabenec
Yes
Englebright
Yes
Jones
Yes
Nolan
Yes
Ryan
Yes
Woerner
Yes
Braunstein
Yes
Errigo
Yes
Joyner
Yes
Norris
Yes
Santabarbara
Yes
Wright
Yes
Brindisi
Yes
Fahy
Yes
Kim
Yes
Oaks
Yes
Schimminger
Yes
Zebrowski
Yes
Bronson
Yes
Finch
Yes
Kolb
Yes
O'Donnell
Yes
Seawright
Yes
Mr. Speaker
Yes
Buchwald
Yes
Fitzpatrick
Yes
Lalor
Yes
Ortiz
ER
Sepulveda
Yes
Butler
Yes
Friend
Yes
Lavine
Yes
Otis
Yes
Simon
Yes
Byrne
Yes
Galef
No
Lawrence
Yes
Palmesano
Yes
Simotas
Yes
Cahill
ER
Gantt
Yes
Lentol
Yes
Palumbo
ER
Skartados
Yes
Carroll
Yes
Garbarino
Yes
Lifton
Yes
Paulin
Yes
Skoufis
Yes
Castorina
Yes
Giglio
Yes
Lupardo
Yes
Pellegrino
Yes
Solages
Yes
Colton
Yes
Glick
Yes
Magee
Yes
Peoples-Stokes
Yes
Stec
Yes
Cook
Yes
Goodell
Yes
Magnarelli
Yes
Perry
Yes
Steck
Yes
Crespo
Yes
Gottfried
Yes
Malliotakis
Yes
Pheffer Amato
Yes
Stirpe
‡ Indicates voting via videoconference
A03055 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A3055A SPONSOR: Aubry (MS)
  TITLE OF BILL: An act to amend the criminal procedure law, in relation to time limits for a speedy trial   PURPOSE OR GENERAL IDEA OF BILL: This bill amends section 30.30 of the Criminal Penal Law to ensure cases go to trial in a reasonable timeframe.   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Establishes that this act shall be known as "Kalief's Law" Section 2: Section 30.30 of the Criminal Procedure Law is amended by: *Allowing the court, whenever a prosecutor states the people are ready for trial, to make an inquiry as to the people's actual readiness. If, after conducting its inquiry, the court determines the people are not ready, the statement or notice of readiness shall not be valid. *Requiring a statement of trial readiness be accompanied or preceded by a certification of good faith compliance with the disclosure require- ments set forth in section 240.20 of the Criminal Procedure Law. *Requiring that exclusions to the computation of time, when a statement of unreadiness has followed a statement of readiness made by the People, be accompanied by supporting facts and approved by the court. The court shall inquire on the record as to the reasons for the people's unread- iness. *Requiring that at each court, appearance date preceding the commence- ment of trial in a criminal action, the court, whenever it is practica- ble to so, shall rule on whether the adjournment period immediately following the court appearance date is to be included or excluded for the purposes of computing time within which the people must be ready for trial. *Clarifying that for purposes of subdivision two of Section 30.30 of the Criminal Procedure Law, no time attributable to court congestion shall be excluded.   JUSTIFICATION: Kalief Browder spent three years jailed at Rikers Island, on a charge for which he was never tried or convicted. He was released in March 2013, having spent more than 700 days in solitary confinement. On June 6, 2015, Kalief committed suicide, a final and permanent indictment of New York's "speedy trial" statute. In May 2010, 16-year-old Kalief Browder was arrested for stealing a backpack. While awaiting the basic American right of a speedy trial, Kalief had 31 court dates during his three years in jail, despite New York's so-called "speedy trial" statute, which says that the People must be ready for trial within six months for felony charges; 90 days for Class A Misdemeanors; 60 days for Class B Misdemeanors; and 30 days for violations. Unfortunately, this case is not unique. According to a 2013 WNYC story, in 2013, about 1,500 people had been in NYC jails for more than a year awaiting trial. Another 2013 report found that 8,063 felony cases had been pending more than six months. And a 2013 New York Times article stated that in 2011 there were 141 pending cases in which the defendant was in jail three or more years citywide. Another 2013 New York Times article reported that in the Bronx, where Browder was arrested, the median length of a case from arrest to disposition was 517 days, and more than 70 percent of felony cases surpassed New York's "speedy trials" guidelines. According to a 2013 WNYC story, in 2010, nearly 100 defendants spent more than a year in jail but were never convicted of a crime. Under current statute, prosecutors are allowed to declare readiness for trial by simply stating they are ready. At the very next court date, the People can declare themselves "not ready" and ask for an adjournment. Yet, even though it may take multiple weeks to get a court date, the prosecution is only clocked for the adjournment period it requested. As a 2014 New Yorker article pointed out, "Every time a prosecutor stood before a judge in Browder's case, requested a one-week adjournment, and got six weeks instead, this counted as only one week against the six- month deadline." Kalief's Law will reduce undue delay by requiring the court to approve exclusions when a statement of unreadiness has followed a statement of readiness, and having the court rule on the number of days that should be included for speedy trial purposes. Kalief's Law will ensure that a statement of "readiness" is real by tying it to discovery requirements, requiring the People to possess evidence that they are in fact "ready" for trial while allowing for flexibility when the facts merit additional time. According to a 2014 New York Law Journal article, "A solution to the intertwined problems of extended pretrial incarceration and discov- ery delay is to reunite the concepts of trial readiness and discovery compliance."   PRIOR LEGISLATIVE HISTORY: A.8296-A was referred to codes in 2015 and 2016.   EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become law.
A03055 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 3055--A Cal. No. 40 2017-2018 Regular Sessions IN ASSEMBLY January 25, 2017 ___________ Introduced by M. of A. AUBRY, PERRY, ARROYO, BARRON, BLAKE, COOK, CRES- PO, DAVILA, KIM, PICHARDO, PRETLOW, RICHARDSON, BICHOTTE, GOTTFRIED, SEPULVEDA, OTIS, JEAN-PIERRE, SKARTADOS, JOYNER, ROSENTHAL, MOSLEY, PEOPLES-STOKES, ROZIC, KAVANAGH, RODRIGUEZ, HYNDMAN, HARRIS -- Multi- Sponsored by -- M. of A. ENGLEBRIGHT, FARRELL, RAMOS, SIMON -- read once and referred to the Committee on Codes -- reported from commit- tee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the criminal procedure law, in relation to time limits for a speedy trial The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "Kalief's law". 2 § 2. Section 30.30 of the criminal procedure law, as added by chapter 3 184 of the laws of 1972, paragraph (a) of subdivision 3 as amended by 4 chapter 93 of the laws of 2006, paragraph (a) of subdivision 4 as 5 amended by chapter 558 of the laws of 1982, paragraph (c) of subdivision 6 4 as amended by chapter 631 of the laws of 1996, paragraph (h) of subdi- 7 vision 4 as added by chapter 837 of the laws of 1986, paragraph (i) of 8 subdivision 4 as added by chapter 446 of the laws of 1993, paragraph (j) 9 of subdivision 4 as added by chapter 222 of the laws of 1994, paragraph 10 (b) of subdivision 5 as amended by chapter 109 of the laws of 1982, 11 paragraphs (e) and (f) of subdivision 5 as added by chapter 209 of the 12 laws of 1990, is amended to read as follows: 13 § 30.30 Speedy trial; time limitations. 14 1. Except as otherwise provided in subdivision [three] four, a motion 15 made pursuant to paragraph (e) of subdivision one of section 170.30 or 16 paragraph (g) of subdivision one of section 210.20 must be granted where 17 the people are not ready for trial within: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07703-08-7A. 3055--A 2 1 (a) six months of the commencement of a criminal action wherein a 2 defendant is accused of one or more offenses, at least one of which is a 3 felony; 4 (b) ninety days of the commencement of a criminal action wherein a 5 defendant is accused of one or more offenses, at least one of which is a 6 misdemeanor punishable by a sentence of imprisonment of more than three 7 months and none of which is a felony; 8 (c) sixty days of the commencement of a criminal action wherein the 9 defendant is accused of one or more offenses, at least one of which is a 10 misdemeanor punishable by a sentence of imprisonment of not more than 11 three months and none of which is a crime punishable by a sentence of 12 imprisonment of more than three months; 13 (d) thirty days of the commencement of a criminal action wherein the 14 defendant is accused of one or more offenses, at least one of which is a 15 violation and none of which is a crime. 16 2. Except as provided in subdivision [three] four, where a defendant 17 has been committed to the custody of the sheriff in a criminal action he 18 must be released on bail or on his own recognizance, upon such condi- 19 tions as may be just and reasonable, if the people are not ready for 20 trial in that criminal action within: 21 (a) ninety days from the commencement of his commitment to the custody 22 of the sheriff in a criminal action wherein the defendant is accused of 23 one or more offenses, at least one of which is a felony; 24 (b) thirty days from the commencement of his commitment to the custody 25 of the sheriff in a criminal action wherein the defendant is accused of 26 one or more offenses, at least one of which is a misdemeanor punishable 27 by a sentence of imprisonment of more than three months and none of 28 which is a felony; 29 (c) fifteen days from the commencement of his commitment to the custo- 30 dy of the sheriff in a criminal action wherein the defendant is accused 31 of one or more offenses, at least one of which is a misdemeanor punisha- 32 ble by a sentence of imprisonment of not more than three months and none 33 of which is a crime punishable by a sentence of imprisonment of more 34 than three months; 35 (d) five days from the commencement of his commitment to the custody 36 of the sheriff in a criminal action wherein the defendant is accused of 37 one or more offenses, at least one of which is a violation and none of 38 which is a crime. 39 3. Whenever pursuant to this section a prosecutor states or otherwise 40 provides notice that the people are ready for trial, the court may make 41 inquiry on the record as to their actual readiness. If, after conducting 42 its inquiry, the court determines that the people are not ready to 43 proceed to trial, the prosecutor's statement or notice of readiness 44 shall not be valid for purposes of this section. Following a demand to 45 produce by a defendant pursuant to section 240.20, any statement of 46 trial readiness must be accompanied or preceded by a certification of 47 good faith compliance with the disclosure requirements of section 48 240.20. This subdivision shall not apply to cases where the defense has 49 waived disclosure requirements. The defense shall be afforded an oppor- 50 tunity to be heard on the record concerning any such inquiry by the 51 court, and concerning whether such disclosure requirements have been 52 met. 53 3-a. Upon a misdemeanor complaint, a statement of readiness shall not 54 be valid unless the prosecuting attorney certifies that all counts 55 charged in the accusatory instrument meet the requirements of sectionsA. 3055--A 3 1 100.15 and 100.40 and those counts not meeting the requirements of 2 sections 100.15 and 100.40 have been dismissed. 3 4. (a) Subdivisions one and two do not apply to a criminal action 4 wherein the defendant is accused of an offense defined in sections 5 125.10, 125.15, 125.20, 125.25, 125.26 and 125.27 of the penal law. 6 (b) A motion made pursuant to subdivisions one or two upon expiration 7 of the specified period may be denied where the people are not ready for 8 trial if the people were ready for trial prior to the expiration of the 9 specified period and their present unreadiness is due to some excep- 10 tional fact or circumstance, including, but not limited to, the sudden 11 unavailability of evidence material to the people's case, when the 12 district attorney has exercised due diligence to obtain such evidence 13 and there are reasonable grounds to believe that such evidence will 14 become available in a reasonable period. 15 (c) A motion made pursuant to subdivision two shall not: 16 (i) apply to any defendant who is serving a term of imprisonment for 17 another offense; 18 (ii) require the release from custody of any defendant who is also 19 being held in custody pending trial of another criminal charge as to 20 which the applicable period has not yet elapsed; 21 (iii) prevent the redetention of or otherwise apply to any defendant 22 who, after being released from custody pursuant to this section or 23 otherwise, is charged with another crime or violates the conditions on 24 which he has been released, by failing to appear at a judicial proceed- 25 ing at which his presence is required or otherwise. 26 [4.] 5. In computing the time within which the people must be ready 27 for trial pursuant to subdivisions one and two, the following periods 28 must be excluded: 29 (a) a reasonable period of delay resulting from other proceedings 30 concerning the defendant, including but not limited to: proceedings for 31 the determination of competency and the period during which defendant is 32 incompetent to stand trial; demand to produce; request for a bill of 33 particulars; pre-trial motions; appeals; trial of other charges; and the 34 period during which such matters are under consideration by the court; 35 or 36 (b) the period of delay resulting from a continuance granted by the 37 court at the request of, or with the consent of, the defendant or his or 38 her counsel. The court [must] may grant such a continuance only if it is 39 satisfied that postponement is in the interest of justice, taking into 40 account the public interest in the prompt dispositions of criminal 41 charges. A defendant without counsel must not be deemed to have 42 consented to a continuance unless he has been advised by the court of 43 his or her rights under these rules and the effect of his consent, which 44 must be done on the record in open court; or 45 (c) (i) the period of delay resulting from the absence or unavailabil- 46 ity of the defendant. A defendant must be considered absent whenever his 47 location is unknown and he is attempting to avoid apprehension or prose- 48 cution, or his location cannot be determined by due diligence. A defend- 49 ant must be considered unavailable whenever his location is known but 50 his presence for trial cannot be obtained by due diligence; or 51 (ii) where the defendant has either escaped from custody or has failed 52 to appear when required after having previously been released on bail or 53 on his own recognizance, and provided the defendant is not in custody on 54 another matter, the period extending from the day the court issues a 55 bench warrant pursuant to section 530.70 because of the defendant's 56 failure to appear in court when required, to the day the defendantA. 3055--A 4 1 subsequently appears in the court pursuant to a bench warrant or volun- 2 tarily or otherwise; or 3 (d) a reasonable period of delay when the defendant is joined for 4 trial with a co-defendant as to whom the time for trial pursuant to this 5 section has not run and good cause is not shown for granting a sever- 6 ance; or 7 (e) the period of delay resulting from detention of the defendant in 8 another jurisdiction provided the district attorney is aware of such 9 detention and has been diligent and has made reasonable efforts to 10 obtain the presence of the defendant for trial; or 11 (f) the period during which the defendant is without counsel through 12 no fault of the court; except when the defendant is proceeding as his 13 own attorney with the permission of the court; or 14 (g) other periods of delay occasioned by exceptional circumstances, 15 including but not limited to, the period of delay resulting from a 16 continuance granted at the request of a district attorney if (i) the 17 continuance is granted because of the unavailability of evidence materi- 18 al to the people's case, when the district attorney has exercised due 19 diligence to obtain such evidence and there are reasonable grounds to 20 believe that such evidence will become available in a reasonable period; 21 or (ii) the continuance is granted to allow the district attorney addi- 22 tional time to prepare the people's case and additional time is justi- 23 fied by the exceptional circumstances of the case. Any such exclusion 24 when a statement of unreadiness has followed a statement of readiness 25 made by the people must be accompanied by supporting facts and approved 26 by the court. The court shall inquire on the record as to the reasons 27 for the people's unreadiness; or 28 (h) the period during which an action has been adjourned in contem- 29 plation of dismissal pursuant to sections 170.55, 170.56 and 215.10 of 30 this chapter[.]; or 31 (i) [The] the period prior to the defendant's actual appearance for 32 arraignment in a situation in which the defendant has been directed to 33 appear by the district attorney pursuant to subdivision three of section 34 120.20 or subdivision three of section 210.10[.]; or 35 (j) the period during which a family offense is before a family court 36 until such time as an accusatory instrument or indictment is filed 37 against the defendant alleging a crime constituting a family offense, as 38 such term is defined in section 530.11 of this chapter. 39 6. At each court appearance date preceding the commencement of trial 40 in a criminal action, the court, whenever it is practicable to do so, 41 shall rule preliminarily on whether the adjournment period immediately 42 following such court appearance date is to be included or excluded for 43 the purposes of computing the time within which the people must be ready 44 for trial within the meaning of this section. The court's ruling shall 45 be noted in the court file. 46 7. In computing the time within which the people must be ready for 47 trial, pursuant to subdivision two or paragraphs (b), (c), or (d) of 48 subdivision one of this section, no time attributable to court 49 congestion shall be excluded. 50 [5.] 8. For purposes of this section, (a) where the defendant is to be 51 tried following the withdrawal of the plea of guilty or is to be retried 52 following a mistrial, an order for a new trial or an appeal or collat- 53 eral attack, the criminal action and the commitment to the custody of 54 the sheriff, if any, must be deemed to have commenced on the date the 55 withdrawal of the plea of guilty or the date the order occasioning a 56 retrial becomes final;A. 3055--A 5 1 (b) where a defendant has been served with an appearance ticket, the 2 criminal action must be deemed to have commenced on the date the defend- 3 ant first appears in a local criminal court in response to the ticket; 4 (c) where a criminal action is commenced by the filing of a felony 5 complaint, and thereafter, in the course of the same criminal action 6 either the felony complaint is replaced with or converted to an informa- 7 tion, prosecutor's information or misdemeanor complaint pursuant to 8 article [180] one hundred eighty or a prosecutor's information is filed 9 pursuant to section 190.70, the period applicable for the purposes of 10 subdivision one must be the period applicable to the charges in the new 11 accusatory instrument, calculated from the date of the filing of such 12 new accusatory instrument; provided, however, that when the aggregate of 13 such period and the period of time, excluding the periods provided in 14 subdivision [four] five, already elapsed from the date of the filing of 15 the felony complaint to the date of the filing of the new accusatory 16 instrument exceeds six months, the period applicable to the charges in 17 the felony complaint must remain applicable and continue as if the new 18 accusatory instrument had not been filed; 19 (d) where a criminal action is commenced by the filing of a felony 20 complaint, and thereafter, in the course of the same criminal action 21 either the felony complaint is replaced with or converted to an informa- 22 tion, prosecutor's information or misdemeanor complaint pursuant to 23 article [180] one hundred eighty or a prosecutor's information is filed 24 pursuant to section 190.70, the period applicable for the purposes of 25 subdivision two must be the period applicable to the charges in the new 26 accusatory instrument, calculated from the date of the filing of such 27 new accusatory instrument; provided, however, that when the aggregate of 28 such period and the period of time, excluding the periods provided in 29 subdivision [four] five, already elapsed from the date of the filing of 30 the felony complaint to the date of the filing of the new accusatory 31 instrument exceeds ninety days, the period applicable to the charges in 32 the felony complaint must remain applicable and continue as if the new 33 accusatory instrument had not been filed. 34 (e) where a count of an indictment is reduced to charge only a misde- 35 meanor or petty offense and a reduced indictment or a prosecutor's 36 information is filed pursuant to subdivisions one-a and six of section 37 210.20, the period applicable for the purposes of subdivision one of 38 this section must be the period applicable to the charges in the new 39 accusatory instrument, calculated from the date of the filing of such 40 new accusatory instrument; provided, however, that when the aggregate of 41 such period and the period of time, excluding the periods provided in 42 subdivision [four] five of this section, already elapsed from the date 43 of the filing of the indictment to the date of the filing of the new 44 accusatory instrument exceeds six months, the period applicable to the 45 charges in the indictment must remain applicable and continue as if the 46 new accusatory instrument had not been filed; 47 (f) where a count of an indictment is reduced to charge only a misde- 48 meanor or petty offense and a reduced indictment or a prosecutor's 49 information is filed pursuant to subdivisions one-a and six of section 50 210.20, the period applicable for the purposes of subdivision two of 51 this section must be the period applicable to the charges in the new 52 accusatory instrument, calculated from the date of the filing of such 53 new accusatory instrument; provided, however, that when the aggregate of 54 such period and the period of time, excluding the periods provided in 55 subdivision [four] five of this section, already elapsed from the date 56 of the filing of the indictment to the date of the filing of the newA. 3055--A 6 1 accusatory instrument exceeds ninety days, the period applicable to the 2 charges in the indictment must remain applicable and continue as if the 3 new accusatory instrument had not been filed. 4 [6.] 9. The procedural rules prescribed in subdivisions one through 5 seven of section 210.45 with respect to a motion to dismiss an indict- 6 ment are also applicable to a motion made pursuant to subdivision two. 7 § 3. Subdivision 6 of section 180.85 of the criminal procedure law, as 8 added by chapter 518 of the laws of 2004, is amended to read as follows: 9 6. The period from the filing of a motion pursuant to this section 10 until entry of an order disposing of such motion shall not, by reason of 11 such motion, be considered a period of delay for purposes of subdivision 12 [four] five of section 30.30, nor shall such period, by reason of such 13 motion, be excluded in computing the time within which the people must 14 be ready for trial pursuant to such section 30.30. 15 § 4. This act shall take effect on the sixtieth day after it shall 16 have become a law.