STATE OF NEW YORK
________________________________________________________________________
4964
2021-2022 Regular Sessions
IN ASSEMBLY
February 9, 2021
___________
Introduced by M. of A. GOODELL -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to providing
judges more discretion regarding securing orders and limiting the
lengths of certain orders; and to repeal certain provisions of the
criminal procedure law, the judiciary law and the executive law relat-
ing thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 150.10 of the criminal procedure
2 law is REPEALED.
3 § 2. Subdivision 1 of section 1.20 of the criminal procedure law, as
4 amended by chapter 450 of the laws of 2019, is amended to read as
5 follows:
6 1. "Accusatory instrument" means[: (a)] an indictment, an indictment
7 ordered reduced pursuant to subdivision one-a of section 210.20 of this
8 chapter, an information, a simplified information, a prosecutor's infor-
9 mation, a superior court information, a misdemeanor complaint or a felo-
10 ny complaint. Every accusatory instrument, regardless of the person
11 designated therein as accuser, constitutes an accusation on behalf of
12 the state as plaintiff and must be entitled "the people of the state of
13 New York" against a designated person, known as the defendant[; and
14 (b) an appearance ticket issued for a parking infraction when (i) such
15 ticket is based on personal knowledge or information and belief of the
16 police officer or other public servant who issues the ticket, (ii) the
17 police officer or other public servant who issues such ticket verifies
18 that false statements made therein are punishable as a class A misdemea-
19 nor, (iii) the infraction or infractions contained therein are stated in
20 detail and not in conclusory terms so as to provide the defendant with
21 sufficient notice including, but not limited, to the applicable
22 provision of law allegedly violated, and the date, time and particular
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04803-01-1
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1 place of the alleged infraction, and (iv) such ticket contains: (1) the
2 license plate designation of the ticketed vehicle, (2) the license plate
3 type of the ticketed vehicle, (3) the expiration of the ticketed vehi-
4 cle's registration, (4) the make or model of the ticketed vehicle, and
5 (5) the body type of the ticketed vehicle, provided, however, that where
6 the plate type or the expiration date are not shown on either the regis-
7 tration plates or sticker of a vehicle or where the registration sticker
8 is covered, faded, defaced or mutilated so that it is unreadable, the
9 plate type or the expiration date may be omitted, provided, further,
10 however, that such condition must be so described and inserted on the
11 instrument].
12 § 3. Subdivision 1 of section 150.20 of the criminal procedure law, as
13 amended by section 1-a of part JJJ of chapter 59 of the laws of 2019, is
14 amended to read as follows:
15 1. [(a)] Whenever a police officer is authorized pursuant to section
16 140.10 of this title to arrest a person without a warrant for an offense
17 other than a class A, B, C or D felony or a violation of section 130.25,
18 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, he [shall,
19 except as set out in paragraph (b) of this subdivision] or she may,
20 subject to the provisions of subdivisions three and four of section
21 150.40 of this [title] article, instead issue to and serve upon such
22 person an appearance ticket.
23 [(b) An officer is not required to issue an appearance ticket if:
24 (i) the person has one or more outstanding local criminal court or
25 superior court warrants;
26 (ii) the person has failed to appear in court proceedings in the last
27 two years;
28 (iii) the person has been given a reasonable opportunity to make their
29 verifiable identity and a method of contact known, and has been unable
30 or unwilling to do so, so that a custodial arrest is necessary to
31 subject the individual to the jurisdiction of the court. For the
32 purposes of this section, an officer may rely on various factors to
33 determine a person's identity, including but not limited to personal
34 knowledge of such person, such person's self-identification, or photo-
35 graphic identification. There is no requirement that a person present
36 photographic identification in order to be issued an appearance ticket
37 in lieu of arrest where the person's identity is otherwise verifiable;
38 however, if offered by such person, an officer shall accept as evidence
39 of identity the following: a valid driver's license or non-driver iden-
40 tification card issued by the commissioner of motor vehicles, the feder-
41 al government, any United States territory, commonwealth or possession,
42 the District of Columbia, a state government or municipal government
43 within the United States or a provincial government of the dominion of
44 Canada; a valid passport issued by the United States government or any
45 other country; an identification card issued by the armed forces of the
46 United States; a public benefit card, as defined in paragraph (a) of
47 subdivision one of section 158.00 of the penal law;
48 (iv) the person is charged with a crime between members of the same
49 family or household, as defined in subdivision one of section 530.11 of
50 this chapter;
51 (v) the person is charged with a crime defined in article 130 of the
52 penal law;
53 (vi) it reasonably appears the person should be brought before the
54 court for consideration of issuance of an order of protection, pursuant
55 to section 530.13 of this chapter, based on the facts of the crime or
56 offense that the officer has reasonable cause to believe occurred;
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1 (vii) the person is charged with a crime for which the court may
2 suspend or revoke his or her driver license;
3 (viii) it reasonably appears to the officer, based on the observed
4 behavior of the individual in the present contact with the officer and
5 facts regarding the person's condition that indicates a sign of distress
6 to such a degree that the person would face harm without immediate
7 medical or mental health care, that bringing the person before the court
8 would be in such person's interest in addressing that need; provided,
9 however, that before making the arrest, the officer shall make all
10 reasonable efforts to assist the person in securing appropriate
11 services.]
12 § 4. The criminal procedure law is amended by adding a new section
13 150.30 to read as follows:
14 § 150.30 Appearance ticket; issuance and service thereof after arrest
15 upon posting of pre-arraignment bail.
16 1. Issuance and service of an appearance ticket by a police officer
17 following an arrest without a warrant, as prescribed in subdivision two
18 of section 150.20 of this article, may be made conditional upon the
19 posting of a sum of money, known as pre-arraignment bail. In such case,
20 the bail becomes forfeit upon failure of such person to comply with the
21 directions of the appearance ticket. The person posting such bail must
22 complete and sign a form which states (a) the name, residential address
23 and occupation of each person posting cash bail; and (b) the title of
24 the criminal action or proceeding involved; and (c) the offense or
25 offenses which are the subjects of the action or proceeding involved,
26 and the status of such action or proceeding; and (d) the name of the
27 principal and the nature of his or her involvement in or connection with
28 such action or proceeding; and (e) the date of the principal's next
29 appearance in court; and (f) an acknowledgement that the cash bail will
30 be forfeited if the principal does not comply with the directions of the
31 appearance ticket; and (g) the amount of money posted as cash bail. Such
32 pre-arraignment bail may be posted as provided in subdivision two or
33 three of this section.
34 2. A desk officer in charge at a police station, county jail, or
35 police headquarters, or any of his or her superior officers, may in such
36 place, fix pre-arraignment bail, in an amount prescribed in this subdi-
37 vision, and upon the posting thereof must issue and serve an appearance
38 ticket upon the arrested person, give a receipt for the bail, and
39 release such person from custody. Such pre-arraignment bail may be fixed
40 in the following amounts:
41 (a) If the arrest was for a class E felony, any amount not exceeding
42 seven hundred fifty dollars.
43 (b) If the arrest was for a class A misdemeanor, any amount not
44 exceeding five hundred dollars.
45 (c) If the arrest was for a class B misdemeanor or an unclassified
46 misdemeanor, any amount not exceeding two hundred fifty dollars.
47 (d) If the arrest was for a petty offense, any amount not exceeding
48 one hundred dollars.
49 3. A police officer, who has arrested a person without a warrant
50 pursuant to subdivision two of section 150.20 of this article for a
51 traffic infraction, may, where he or she reasonably believes that such
52 arrested person is not licensed to operate a motor vehicle by this state
53 or any state covered by a reciprocal compact guaranteeing appearance as
54 is provided in section five hundred seventeen of the vehicle and traffic
55 law, fix pre-arraignment bail in the amount of fifty dollars; provided,
56 however, such bail shall be posted by means of a credit card or similar
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1 device. Upon the posting thereof, said officer must issue and serve an
2 appearance ticket upon the arrested person, give a receipt for the bail,
3 and release such person from custody.
4 4. The chief administrator of the courts shall establish a system for
5 the posting of pre-arraignment bail by means of credit card or similar
6 device, as is provided by section two hundred twelve of the judiciary
7 law. The head of each police department or police force and of any state
8 department, agency, board, commission or public authority having police
9 officers who fix pre-arraignment bail as provided herein may elect to
10 use the system established by the chief administrator or may establish
11 such other system for the posting of pre-arraignment bail by means of
12 credit card or similar device as he or she may deem appropriate.
13 § 5. Subdivision 1 of section 150.40 of the criminal procedure law, as
14 amended by section 8 of part UU of chapter 56 of the laws of 2020, is
15 amended to read as follows:
16 1. An appearance ticket must be made returnable [at a date as soon as
17 possible, but in no event later than twenty days from the date of issu-
18 ance; or at the next scheduled session of the appropriate local criminal
19 court if such session is scheduled to occur more than twenty days from
20 the date of issuance; or at a later date, with the court's permission
21 due to enrollment in a pre-arraignment diversion program. The appearance
22 ticket shall be made returnable] in a local criminal court designated in
23 section 100.55 of this title as one with which an information for the
24 offense in question may be filed.
25 § 6. Subdivision 1 of section 150.50 of the criminal procedure law, as
26 amended by chapter 450 of the laws of 2019, is amended to read as
27 follows:
28 1. A police officer or other public servant who has issued and served
29 an appearance ticket must, at or before the time such appearance ticket
30 is returnable, file or cause to be filed with the local criminal court
31 in which it is returnable a local criminal court accusatory instrument
32 charging the person named in such appearance ticket with the offense
33 specified therein[; provided, however, that no separate accusatory
34 instrument shall be required to be filed for an appearance ticket issued
35 for a parking infraction which conforms to the requirements set forth in
36 paragraph (b) of subdivision one of section 1.20 of this chapter]. Noth-
37 ing herein contained shall authorize the use of a simplified information
38 when not authorized by law.
39 § 7. Section 150.80 of the criminal procedure law is REPEALED.
40 § 8. Subdivisions 3-a, 3-b, 21 and 22 of section 500.10 of the crimi-
41 nal procedure law are REPEALED.
42 § 9. Subdivisions 5, 6, 7 and 9 of section 500.10 of the criminal
43 procedure law, as amended by section 1-e of part JJJ of chapter 59 of
44 the laws of 2019, are amended to read as follows:
45 5. "Securing order" means an order of a court committing a principal
46 to the custody of the sheriff or fixing bail, [where authorized,] or
47 releasing the principal on the principal's own recognizance [or releas-
48 ing the principal under non-monetary conditions].
49 6. "Order of recognizance or bail" means a securing order releasing a
50 principal on the principal's own recognizance or [under non-monetary
51 conditions or, where authorized,] fixing bail.
52 7. "Application for recognizance or bail" means an application by a
53 principal that the court, instead of committing the principal to or
54 retaining the principal in the custody of the sheriff, either release
55 the principal on the principal's own recognizance[, release under non-
56 monetary conditions, or, where authorized,] or fix bail.
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1 9. "Bail" means cash bail[,] or a bail bond [or money paid with a
2 credit card].
3 § 10. Section 510.10 of the criminal procedure law, as amended by
4 section 2 of part JJJ of chapter 59 of the laws of 2019 and subdivision
5 4 as amended by section 2 of part UU of chapter 56 of the laws of 2020,
6 is amended to read as follows:
7 § 510.10 Securing order; when required[; alternatives available; stand-
8 ard to be applied].
9 1. When a principal, whose future court attendance at a criminal
10 action or proceeding is or may be required, initially comes under the
11 control of a court, such court shall[, in accordance with this title,]
12 by a securing order, either release the principal on the principal's own
13 recognizance, [release the principal under non-monetary conditions, or,
14 where authorized,] fix bail or commit the principal to the custody of
15 the sheriff. [In all such cases, except where another type of securing
16 order is shown to be required by law, the court shall release the prin-
17 cipal pending trial on the principal's own recognizance, unless it is
18 demonstrated and the court makes an individualized determination that
19 the principal poses a risk of flight to avoid prosecution. If such a
20 finding is made, the court must select the least restrictive alternative
21 and condition or conditions that will reasonably assure the principal's
22 return to court. The court shall explain its choice of release, release
23 with conditions, bail or remand on the record or in writing.
24 2. A principal is entitled to representation by counsel under this
25 chapter in preparing an application for release, when a securing order
26 is being considered and when a securing order is being reviewed for
27 modification, revocation or termination. If the principal is financially
28 unable to obtain counsel, counsel shall be assigned to the principal.
29 3. In cases other than as described in subdivision four of this
30 section the court shall release the principal pending trial on the prin-
31 cipal's own recognizance, unless the court finds on the record or in
32 writing that release on the principal's own recognizance will not
33 reasonably assure the principal's return to court. In such instances,
34 the court shall release the principal under non-monetary conditions,
35 selecting the least restrictive alternative and conditions that will
36 reasonably assure the principal's return to court. The court shall
37 explain its choice of alternative and conditions on the record or in
38 writing.
39 4. Where the principal stands charged with a qualifying offense, the
40 court, unless otherwise prohibited by law, may in its discretion release
41 the principal pending trial on the principal's own recognizance or under
42 non-monetary conditions, fix bail, or, where the defendant is charged
43 with a qualifying offense which is a felony, the court may commit the
44 principal to the custody of the sheriff. A principal stands charged with
45 a qualifying offense for the purposes of this subdivision when he or she
46 stands charged with:
47 (a) a felony enumerated in section 70.02 of the penal law, other than
48 robbery in the second degree as defined in subdivision one of section
49 160.10 of the penal law, provided, however, that burglary in the second
50 degree as defined in subdivision two of section 140.25 of the penal law
51 shall be a qualifying offense only where the defendant is charged with
52 entering the living area of the dwelling;
53 (b) a crime involving witness intimidation under section 215.15 of the
54 penal law;
55 (c) a crime involving witness tampering under section 215.11, 215.12
56 or 215.13 of the penal law;
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1 (d) a class A felony defined in the penal law, provided that for class
2 A felonies under article two hundred twenty of the penal law, only class
3 A-I felonies shall be a qualifying offense;
4 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
5 the penal law, or a felony sex offense defined in section 70.80 of the
6 penal law, or a crime involving incest as defined in section 255.25,
7 255.26 or 255.27 of such law, or a misdemeanor defined in article one
8 hundred thirty of such law;
9 (f) conspiracy in the second degree as defined in section 105.15 of
10 the penal law, where the underlying allegation of such charge is that
11 the defendant conspired to commit a class A felony defined in article
12 one hundred twenty-five of the penal law;
13 (g) money laundering in support of terrorism in the first degree as
14 defined in section 470.24 of the penal law; money laundering in support
15 of terrorism in the second degree as defined in section 470.23 of the
16 penal law; money laundering in support of terrorism in the third degree
17 as defined in section 470.22 of the penal law; money laundering in
18 support of terrorism in the fourth degree as defined in section 470.21
19 of the penal law; or a felony crime of terrorism as defined in article
20 four hundred ninety of the penal law, other than the crime defined in
21 section 490.20 of such law;
22 (h) criminal contempt in the second degree as defined in subdivision
23 three of section 215.50 of the penal law, criminal contempt in the first
24 degree as defined in subdivision (b), (c) or (d) of section 215.51 of
25 the penal law or aggravated criminal contempt as defined in section
26 215.52 of the penal law, and the underlying allegation of such charge of
27 criminal contempt in the second degree, criminal contempt in the first
28 degree or aggravated criminal contempt is that the defendant violated a
29 duly served order of protection where the protected party is a member of
30 the defendant's same family or household as defined in subdivision one
31 of section 530.11 of this title;
32 (i) facilitating a sexual performance by a child with a controlled
33 substance or alcohol as defined in section 263.30 of the penal law, use
34 of a child in a sexual performance as defined in section 263.05 of the
35 penal law or luring a child as defined in subdivision one of section
36 120.70 of the penal law, promoting an obscene sexual performance by a
37 child as defined in section 263.10 of the penal law or promoting a sexu-
38 al performance by a child as defined in section 263.15 of the penal law;
39 (j) any crime that is alleged to have caused the death of another
40 person;
41 (k) criminal obstruction of breathing or blood circulation as defined
42 in section 121.11 of the penal law, strangulation in the second degree
43 as defined in section 121.12 of the penal law or unlawful imprisonment
44 in the first degree as defined in section 135.10 of the penal law, and
45 is alleged to have committed the offense against a member of the defend-
46 ant's same family or household as defined in subdivision one of section
47 530.11 of this title;
48 (l) aggravated vehicular assault as defined in section 120.04-a of the
49 penal law or vehicular assault in the first degree as defined in section
50 120.04 of the penal law;
51 (m) assault in the third degree as defined in section 120.00 of the
52 penal law or arson in the third degree as defined in section 150.10 of
53 the penal law, when such crime is charged as a hate crime as defined in
54 section 485.05 of the penal law;
55 (n) aggravated assault upon a person less than eleven years old as
56 defined in section 120.12 of the penal law or criminal possession of a
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1 weapon on school grounds as defined in section 265.01-a of the penal
2 law;
3 (o) grand larceny in the first degree as defined in section 155.42 of
4 the penal law, enterprise corruption as defined in section 460.20 of the
5 penal law, or money laundering in the first degree as defined in section
6 470.20 of the penal law;
7 (p) failure to register as a sex offender pursuant to section one
8 hundred sixty-eight-t of the correction law or endangering the welfare
9 of a child as defined in subdivision one of section 260.10 of the penal
10 law, where the defendant is required to maintain registration under
11 article six-C of the correction law and designated a level three offen-
12 der pursuant to subdivision six of section one hundred sixty-eight-l of
13 the correction law;
14 (q) a crime involving bail jumping under section 215.55, 215.56 or
15 215.57 of the penal law, or a crime involving escaping from custody
16 under section 205.05, 205.10 or 205.15 of the penal law;
17 (r) any felony offense committed by the principal while serving a
18 sentence of probation or while released to post release supervision;
19 (s) a felony, where the defendant qualifies for sentencing on such
20 charge as a persistent felony offender pursuant to section 70.10 of the
21 penal law; or
22 (t) any felony or class A misdemeanor involving harm to an identifi-
23 able person or property, where such charge arose from conduct occurring
24 while the defendant was released on his or her own recognizance or
25 released under conditions for a separate felony or class A misdemeanor
26 involving harm to an identifiable person or property, provided, however,
27 that the prosecutor must show reasonable cause to believe that the
28 defendant committed the instant crime and any underlying crime. For the
29 purposes of this subparagraph, any of the underlying crimes need not be
30 a qualifying offense as defined in this subdivision.
31 5. Notwithstanding the provisions of subdivisions three and four of
32 this section, with respect to any charge for which bail or remand is not
33 ordered, and for which the court would not or could not otherwise
34 require bail or remand, a defendant may, at any time, request that the
35 court set bail in a nominal amount requested by the defendant in the
36 form specified in paragraph (a) of subdivision one of section 520.10 of
37 this title; if the court is satisfied that the request is voluntary, the
38 court shall set such bail in such amount.
39 6.] When a securing order is revoked or otherwise terminated in the
40 course of an uncompleted action or proceeding but the principal's future
41 court attendance still is or may be required and the principal is still
42 under the control of a court, a new securing order must be issued. When
43 the court revokes or otherwise terminates a securing order which commit-
44 ted the principal to the custody of the sheriff, the court shall give
45 written notification to the sheriff of such revocation or termination of
46 the securing order.
47 2. The court shall release the principal on personal recognizance or
48 on bail unless the court makes an individualized determination that: (a)
49 the principal poses a risk of flight to avoid prosecution; (b) the prin-
50 cipal poses a risk of failing to appear in court based on the princi-
51 pal's record of a prior criminal conviction or failure to appear in
52 prior court proceedings; or (c) the principal poses a risk of endanger-
53 ing the safety of any other person or the community. If the court finds
54 that the principal poses a risk of flight or a risk of failure to appear
55 but does not pose a risk of endangering the safety of any other person
56 or the community, the court shall release the principal subject to the
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1 lowest reasonable bail and/or the least restrictive further condition or
2 combination of conditions that will reasonably ensure the appearance of
3 the principal considering the nature and circumstances of the charged
4 offense, the weight of the evidence, the history and characteristics of
5 the principal, and the nature and seriousness of the danger posed by the
6 principal's release. If the court determines that no condition or combi-
7 nation of conditions will reasonably assure the appearance of the prin-
8 cipal and the safety of any other person of the community, the court
9 shall order detention without bail.
10 3. If the principal is arrested during the interim period while await-
11 ing a preliminary hearing or trial, the court shall revoke or otherwise
12 terminate the securing order and issue a new securing order taking into
13 account the subsequent arrest.
14 4. (a) All securing orders issued under this section where the princi-
15 pal is incarcerated solely because of said order shall be reviewed and
16 re-evaluated by the court no later than:
17 (i) every four weeks thereafter where a class A misdemeanor is the
18 highest grade offense;
19 (ii) every six weeks thereafter where a class E felony is the highest
20 grade offense;
21 (iii) every eight weeks thereafter where a class D felony is the high-
22 est grade offense;
23 (iv) every ten weeks thereafter where a class C felony is the highest
24 grade offense; or
25 (v) every twelve weeks thereafter where a class B felony is the high-
26 est grade offense.
27 (b) Upon such review or re-evaluation, the court shall reconsider
28 whether the principal should be released on personal recognizance or
29 upon posting reduced bail in the interests of justice after considering
30 the length of time the principal has already been incarcerated, the
31 likely sentence that would be imposed if the principal were found guilty
32 or plead guilty to the charged offense, the nature and circumstances of
33 the charged offense, the weight of the evidence, the history and charac-
34 teristics of the principal, the nature and seriousness of the danger
35 posed by the principal's release, and whether the principal should be
36 released subject to a further condition, or combination of conditions,
37 that reasonably justifies the release of the principal on personal
38 recognizance or reduced bail, and such other factors in the interests of
39 justice as reasonably determined by the court based on an individualized
40 determination as to whether and to what extent that the principal
41 continues to pose a risk of flight to avoid prosecution, continues to
42 pose a risk of failing to appear in court based on the principal's
43 record of a prior criminal conviction or failure to appear in prior
44 court proceedings, or continues to pose a risk of endangering the safety
45 of any other person or the community. If the court determines that no
46 condition or combination of conditions will reasonably ensure the
47 appearance of the principal and the safety of any other person of the
48 community, the court shall continue to detain the principal without bail
49 or without a reduction in the amount of the bail.
50 § 11. Section 510.20 of the criminal procedure law, as amended by
51 section 3 of part JJJ of chapter 59 of the laws of 2019, is amended to
52 read as follows:
53 § 510.20 Application for [a change in securing order] recognizance or
54 bail; making and determination thereof in general.
55 1. Upon any occasion when a court [has issued] is required to issue a
56 securing order with respect to a principal [and the], or at any time
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1 when a principal is confined in the custody of the sheriff as a result
2 of the securing order or a previously issued securing order, the princi-
3 pal may make an application for recognizance[, release under non-mone-
4 tary conditions] or bail.
5 2. [(a) The principal is entitled to representation by counsel in the
6 making and presentation of such application. If the principal is finan-
7 cially unable to obtain counsel, counsel shall be assigned to the prin-
8 cipal.
9 (b)] Upon such application, the principal must be accorded an opportu-
10 nity to be heard[, present evidence] and to contend that an order of
11 recognizance[, release under non-monetary conditions] or[, where author-
12 ized,] bail must or should issue, that the court should release the
13 principal on the principal's own recognizance [or under non-monetary
14 conditions] rather than fix bail, and that if bail is [authorized and]
15 fixed it should be in a suggested amount and form.
16 § 12. Section 510.30 of the criminal procedure law, as amended by
17 section 5 of part JJJ of chapter 59 of the laws of 2019, is amended to
18 read as follows:
19 § 510.30 Application for [securing order] recognizance or bail; rules of
20 law and criteria controlling determination.
21 1. Determinations of applications for recognizance or bail are not in
22 all cases discretionary but are subject to rules, prescribed in article
23 five hundred thirty of this title and other provisions of law relating
24 to specific kinds of criminal actions and proceedings, providing (a)
25 that in some circumstances such an application must as a matter of law
26 be granted, (b) that in others it must as a matter of law be denied and
27 the principal committed to or retained in the custody of the sheriff,
28 and (c) that in others the granting or denial thereof is a matter of
29 judicial discretion.
30 2. To the extent that the issuance of an order of recognizance or bail
31 and the terms thereof are matters of discretion rather than of law, an
32 application is determined on the basis of the following factors and
33 criteria:
34 (a) With respect to any principal, the court [in all cases, unless
35 otherwise provided by law,] must [impose the least restrictive] consider
36 the kind and degree of control or restriction that is necessary to
37 secure the principal's return to court when required. In determining
38 that matter, the court must, on the basis of available information,
39 consider and take into account:
40 (i) The principal's character, reputation, habits and mental condi-
41 tion;
42 (ii) The principal's employment and financial resources;
43 (iii) The principal's family ties and the length of his or her resi-
44 dence if any in the community;
45 (iv) [information about the principal that is relevant to the princi-
46 pal's return to court, including:
47 (a) The principal's activities and history;
48 (b) If the principal is a defendant, the charges facing the principal;
49 (c)] The principal's criminal [conviction] record if any;
50 [(d)] (v) The principal's record of previous adjudication as a juve-
51 nile delinquent, as retained pursuant to section 354.2 of the family
52 court act, or, of pending cases where fingerprints are retained pursuant
53 to section 306.1 of such act, or a youthful offender, if any;
54 [(e)] (vi) The principal's previous record if any in responding to
55 court appearances when required or with respect to flight to avoid crim-
56 inal prosecution;
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1 [(f) If monetary bail is authorized, according to the restrictions set
2 forth in this title, the principal's individual financial circumstances,
3 and, in cases where bail is authorized, the principal's ability to post
4 bail without posing undue hardship, as well as his or her ability to
5 obtain a secured, unsecured, or partially secured bond;
6 (g)] (vii) Where the principal is charged with a crime or crimes
7 against a member or members of the same family or household as that term
8 is defined in subdivision one of section 530.11 of this title, the
9 following factors:
10 [(i)] (A) any violation by the principal of an order of protection
11 issued by any court for the protection of a member or members of the
12 same family or household as that term is defined in subdivision one of
13 section 530.11 of this title, whether or not such order of protection is
14 currently in effect; and
15 [(ii)] (B) the principal's history of use or possession of a firearm;
16 [and
17 (h)] (viii) If the principal is a defendant, the weight of the
18 evidence against him or her in the pending criminal action and any other
19 factor indicating probability or improbability of conviction; or, in the
20 case of an application for [a securing order] bail or recognizance pend-
21 ing appeal, the merit or lack of merit of the appeal; and
22 (ix) If he or she is a defendant, the sentence which may be or has
23 been imposed upon conviction.
24 [2.] (b) Where the principal is a defendant-appellant in a pending
25 appeal from a judgment of conviction, the court must also consider the
26 likelihood of ultimate reversal of the judgment. A determination that
27 the appeal is palpably without merit alone justifies, but does not
28 require, a denial of the application, regardless of any determination
29 made with respect to the factors specified in paragraph (a) of this
30 subdivision [one of this section].
31 3. When bail or recognizance is ordered, the court shall inform the
32 principal, if the principal is a defendant charged with the commission
33 of a felony, that the release is conditional and that the court may
34 revoke the order of release and [may be authorized] to commit the prin-
35 cipal to the custody of the sheriff in accordance with the provisions of
36 subdivision two of section 530.60 of this [chapter] title if the princi-
37 pal commits a subsequent felony while at liberty upon such order.
38 § 13. Section 510.40 of the criminal procedure law, as amended by
39 section 6 of part JJJ of chapter 59 of the laws of 2019 and paragraph
40 (c) of subdivision 4 as amended by section 7 of part UU of chapter 56 of
41 the laws of 2020, is amended to read as follows:
42 § 510.40 [Court notification to principal of conditions of release and
43 of alleged violations of conditions of release] Application
44 for recognizance or bail; determination thereof, form of
45 securing order and execution thereof.
46 1. An application for recognizance or bail must be determined by a
47 securing order which either:
48 (a) Grants the application and releases the principal on his or her
49 own recognizance; or
50 (b) Grants the application and fixes bail; or
51 (c) Denies the application and commits the principal to, or retains
52 him or her in, the custody of the sheriff.
53 2. Upon ordering that a principal be released on the principal's own
54 recognizance, [or released under non-monetary conditions, or, if bail
55 has been fixed, upon the posting of bail,] the court must direct the
56 principal to appear in the criminal action or proceeding involved when-
A. 4964 11
1 ever the principal's attendance may be required and to [be] render the
2 principal at all times amenable to the orders and processes of the
3 court. If such principal is in the custody of the sheriff or at liberty
4 upon bail at the time of the order, the court must direct that the prin-
5 cipal be discharged from such custody or, as the case may be, that the
6 principal's bail be exonerated.
7 [2.] 3. Upon the issuance of an order fixing bail[, where authorized,]
8 and upon the posting thereof, the court must examine the bail to deter-
9 mine whether it complies with the order. If it does, the court must, in
10 the absence of some factor or circumstance which in law requires or
11 authorizes disapproval thereof, approve the bail and must issue a
12 certificate of release, authorizing the principal to be at liberty, and,
13 if the principal is in the custody of the sheriff at the time, directing
14 the sheriff to discharge the principal therefrom. If the bail fixed is
15 not posted, or is not approved after being posted, the court must order
16 that the principal be committed to the custody of the sheriff. [In the
17 event of any such non-approval, the court shall explain promptly in
18 writing the reasons therefor.
19 3. Non-monetary conditions of release shall be individualized and
20 established in writing by the court. At future court appearances, the
21 court shall consider a lessening of conditions or modification of condi-
22 tions to a less burdensome form based on the principal's compliance with
23 such conditions of release. In the event of alleged non-compliance with
24 the conditions of release in an important respect, pursuant to this
25 subdivision, additional conditions may be imposed by the court, on the
26 record or in writing, only after notice of the facts and circumstances
27 of such alleged non-compliance, reasonable under the circumstances,
28 affording the principal and the principal's attorney and the people an
29 opportunity to present relevant, admissible evidence, relevant witnesses
30 and to cross-examine witnesses, and a finding by clear and convincing
31 evidence that the principal violated a condition of release in an impor-
32 tant respect. Following such a finding, in determining whether to impose
33 additional conditions for non-compliance, the court shall consider and
34 may select conditions consistent with the court's obligation to impose
35 the least restrictive condition or conditions that will reasonably
36 assure the defendant's return to court. The court shall explain on the
37 record or in writing the reasons for its determination and for any
38 changes to the conditions imposed.
39 4. (a) Electronic monitoring of a principal's location may be ordered
40 only if the court finds, after notice, an opportunity to be heard and an
41 individualized determination explained on the record or in writing, that
42 the defendant qualifies for electronic monitoring in accordance with
43 subdivision twenty-one of section 500.10 of this title, and no other
44 realistic non-monetary condition or set of non-monetary conditions will
45 suffice to reasonably assure a principal's return to court.
46 (b) The specific method of electronic monitoring of the principal's
47 location must be approved by the court. It must be the least restrictive
48 procedure and method that will reasonably assure the principal's return
49 to court, and unobtrusive to the greatest extent practicable.
50 (c) Electronic monitoring of the location of a principal may be
51 conducted only by a public entity under the supervision and control of a
52 county or municipality or a non-profit entity under contract to the
53 county, municipality or the state. A county or municipality shall be
54 authorized to enter into a contract with another county or municipality
55 in the state to monitor principals under non-monetary conditions of
56 release in its county, but counties, municipalities and the state shall
A. 4964 12
1 not contract with any private for-profit entity for such purposes.
2 Counties, municipalities and the state may contract with a private for-
3 profit entity to supply electronic monitoring devices or other items,
4 provided that any interaction with persons under electronic monitoring
5 or the data produced by such monitoring shall be conducted solely by
6 employees of a county, municipality, the state, or a non-profit entity
7 under contract with such county, municipality or the state.
8 (d) Electronic monitoring of a principal's location may be for a maxi-
9 mum period of sixty days, and may be renewed for such period, after
10 notice, an opportunity to be heard and a de novo, individualized deter-
11 mination in accordance with this subdivision, which shall be explained
12 on the record or in writing.
13 A defendant subject to electronic location monitoring under this
14 subdivision shall be considered held or confined in custody for purposes
15 of section 180.80 of this chapter and shall be considered committed to
16 the custody of the sheriff for purposes of section 170.70 of the chap-
17 ter, as applicable.
18 5. If a principal is released under non-monetary conditions, the court
19 shall, on the record and in an individualized written document provided
20 to the principal, notify the principal, in plain language and a manner
21 sufficiently clear and specific:
22 (a) of any conditions to which the principal is subject, to serve as a
23 guide for the principal's conduct; and
24 (b) that the possible consequences for violation of such a condition
25 may include revocation of the securing order and the ordering of a more
26 restrictive securing order.]
27 § 14. Sections 510.43 and 510.45 of the criminal procedure law are
28 REPEALED.
29 § 15. Section 510.50 of the criminal procedure law, as amended by
30 section 9 of part JJJ of chapter 59 of the laws of 2019, is amended to
31 read as follows:
32 § 510.50 Enforcement of securing order.
33 [1.] When the attendance of a principal confined in the custody of the
34 sheriff is required at the criminal action or proceeding at a particular
35 time and place, the court may compel such attendance by directing the
36 sheriff to produce the principal at such time and place. If the princi-
37 pal is at liberty on the principal's own recognizance [or non-monetary
38 conditions] or on bail, the principal's attendance may be achieved or
39 compelled by various methods, including notification and the issuance of
40 a bench warrant, prescribed by law in provisions governing such matters
41 with respect to the particular kind of action or proceeding involved.
42 [2. Except when the principal is charged with a new crime while at
43 liberty, absent relevant, credible evidence demonstrating that a princi-
44 pal's failure to appear for a scheduled court appearance was willful,
45 the court, prior to issuing a bench warrant for a failure to appear for
46 a scheduled court appearance, shall provide at least forty-eight hours
47 notice to the principal or the principal's counsel that the principal is
48 required to appear, in order to give the principal an opportunity to
49 appear voluntarily.]
50 § 16. Paragraph (b) of subdivision 2 of section 520.10 of the criminal
51 procedure law, as amended by section 10 of part JJJ of chapter 59 of the
52 laws of 2019, is amended to read as follows:
53 (b) The court [shall] may direct that the bail be posted in any one of
54 [three] two or more of the forms specified in subdivision one of this
55 section, designated in the alternative, and may designate different
56 amounts varying with the forms[, except that one of the forms shall be
A. 4964 13
1 either an unsecured or partially secured surety bond, as selected by the
2 court].
3 § 17. Section 530.10 of the criminal procedure law, as amended by
4 section 11 of part JJJ of chapter 59 of the laws of 2019, is amended to
5 read as follows:
6 § 530.10 Order of recognizance [release under non-monetary conditions]
7 or bail; in general.
8 Under circumstances prescribed in this article, a court, upon applica-
9 tion of a defendant charged with or convicted of an offense, is required
10 [to issue a securing order] or authorized to order bail or recognizance
11 for the release or prospective release of such defendant during the
12 pendency of either:
13 1. A criminal action based upon such charge; or
14 2. An appeal taken by the defendant from a judgment of conviction or a
15 sentence or from an order of an intermediate appellate court affirming
16 or modifying a judgment of conviction or a sentence.
17 § 18. Subdivision 4 of section 530.11 of the criminal procedure law,
18 as amended by section 12 of part JJJ of chapter 59 of the laws of 2019,
19 is amended to read as follows:
20 4. When a person is arrested for an alleged family offense or an
21 alleged violation of an order of protection or temporary order of
22 protection or arrested pursuant to a warrant issued by the supreme or
23 family court, and the supreme or family court, as applicable, is not in
24 session, such person shall be brought before a local criminal court in
25 the county of arrest or in the county in which such warrant is return-
26 able pursuant to article one hundred twenty of this chapter. Such local
27 criminal court may issue any order authorized under subdivision eleven
28 of section 530.12 of this article, section one hundred fifty-four-d or
29 one hundred fifty-five of the family court act or subdivision three-b of
30 section two hundred forty or subdivision two-a of section two hundred
31 fifty-two of the domestic relations law, in addition to discharging
32 other arraignment responsibilities as set forth in this chapter. In
33 making such order, the local criminal court shall consider [de novo] the
34 bail recommendation [and securing order], if any, made by the supreme or
35 family court as indicated on the warrant or certificate of warrant.
36 Unless the petitioner or complainant requests otherwise, the court, in
37 addition to scheduling further criminal proceedings, if any, regarding
38 such alleged family offense or violation allegation, shall make such
39 matter returnable in the supreme or family court, as applicable, on the
40 next day such court is in session.
41 § 19. Subdivision 11 of section 530.12 of the criminal procedure law,
42 as amended by section 15 of part JJJ of chapter 59 of the laws of 2019,
43 is amended to read as follows:
44 11. If a defendant is brought before the court for failure to obey any
45 lawful order issued under this section, or an order of protection issued
46 by a court of competent jurisdiction in another state, territorial or
47 tribal jurisdiction, and if, after hearing, the court is satisfied by
48 competent proof that the defendant has willfully failed to obey any such
49 order, the court may:
50 (a) revoke an order of recognizance [or release under non-monetary
51 conditions] or revoke an order of bail or order forfeiture of such bail
52 and commit the defendant to custody; or
53 (b) restore the case to the calendar when there has been an adjourn-
54 ment in contemplation of dismissal and commit the defendant to custody;
55 or
A. 4964 14
1 (c) revoke a conditional discharge in accordance with section 410.70
2 of this chapter and impose probation supervision or impose a sentence of
3 imprisonment in accordance with the penal law based on the original
4 conviction; or
5 (d) revoke probation in accordance with section 410.70 of this chapter
6 and impose a sentence of imprisonment in accordance with the penal law
7 based on the original conviction. In addition, if the act which consti-
8 tutes the violation of the order of protection or temporary order of
9 protection is a crime or a violation the defendant may be charged with
10 and tried for that crime or violation.
11 § 20. The opening paragraph of subdivision 1 of section 530.13 of the
12 criminal procedure law, as amended by section 14 of part JJJ of chapter
13 59 of the laws of 2019, is amended to read as follows:
14 When any criminal action is pending, and the court has not issued a
15 temporary order of protection pursuant to section 530.12 of this arti-
16 cle, the court, in addition to the other powers conferred upon it by
17 this chapter, may for good cause shown issue a temporary order of
18 protection in conjunction with any securing order committing the defend-
19 ant to the custody of the sheriff or as a condition of a pre-trial
20 release, or as a condition of release on bail or an adjournment in
21 contemplation of dismissal. In addition to any other conditions, such an
22 order may require that the defendant:
23 § 21. Paragraph (a) of subdivision 8 of section 530.13 of the criminal
24 procedure law, as amended by section 13 of part JJJ of chapter 59 of the
25 laws of 2019, is amended to read as follows:
26 (a) revoke an order of recognizance[, release under non-monetary
27 conditions] or bail and commit the defendant to custody; or
28 § 22. Section 530.20 of the criminal procedure law is REPEALED and a
29 new section 530.20 is added to read as follows:
30 § 530.20 Order of recognizance or bail; by local criminal court when
31 action is pending therein.
32 When a criminal action is pending in a local criminal court, such
33 court, upon application of a defendant, must or may order recognizance
34 or bail as follows:
35 1. When the defendant is charged, by information, simplified informa-
36 tion, prosecutor's information or misdemeanor complaint, with an offense
37 or offenses of less than felony grade only, the court must order recog-
38 nizance or bail.
39 2. When the defendant is charged, by felony complaint, with a felony,
40 the court may, in its discretion, order recognizance or bail except as
41 otherwise provided in this subdivision:
42 (a) A city court, a town court or a village court may not order recog-
43 nizance or bail when (i) the defendant is charged with a class A felony,
44 or (ii) it appears that the defendant has two previous felony
45 convictions;
46 (b) No local criminal court may order recognizance or bail with
47 respect to a defendant charged with a felony unless and until:
48 (i) The district attorney has been heard in the matter or, after know-
49 ledge or notice of the application and reasonable opportunity to be
50 heard, has failed to appear at the proceeding or has otherwise waived
51 his or her right to do so; and
52 (ii) The court has been furnished with a report of the division of
53 criminal justice services concerning the defendant's criminal record if
54 any or with a police department report with respect to the defendant's
55 prior arrest record. If neither report is available, the court, with the
56 consent of the district attorney, may dispense with this requirement;
A. 4964 15
1 provided, however, that in an emergency, including but not limited to a
2 substantial impairment in the ability of such division or police depart-
3 ment to timely furnish such report, such consent shall not be required
4 if, for reasons stated on the record, the court deems it unnecessary.
5 When the court has been furnished with any such report or record, it
6 shall furnish a copy thereof to counsel for the defendant or, if the
7 defendant is not represented by counsel, to the defendant.
8 3. The court shall make an individualized determination if: (a) the
9 defendant poses a risk of flight to avoid prosecution; (b) the defendant
10 poses a risk of failing to appear in court based on the defendant's
11 record of a prior criminal conviction or failure to appear in prior
12 court proceedings; or (c) the defendant poses a risk of endangering the
13 safety of any other person or the community. If the court finds that the
14 defendant poses a risk of flight or a risk of failure to appear but does
15 not pose a risk of endangering the safety of any other person or the
16 community, the court shall release the defendant subject to the lowest
17 reasonable bail and/or the least restrictive further condition or combi-
18 nation of conditions that will reasonably ensure the appearance of the
19 defendant considering the nature and circumstances of the charged
20 offense, the weight of the evidence, the history and characteristics of
21 the defendant, and the nature and seriousness of the danger posed by the
22 defendant's release. If the court determines that no condition or combi-
23 nation of conditions will reasonably assure the appearance of the
24 defendant and the safety of any other person of the community, the court
25 shall order detention without bail.
26 4. If the defendant is arrested during the interim period while await-
27 ing a preliminary hearing or trial, the court shall revoke or otherwise
28 terminate the previous order and issue a new order taking into account
29 the subsequent arrest.
30 5. (a) All orders issued under this section where the defendant is
31 incarcerated solely because of said order shall be reviewed and re-eval-
32 uated by the court no later than:
33 (i) every four weeks thereafter where a class A misdemeanor is the
34 highest grade offense;
35 (ii) every six weeks thereafter where a class E felony is the highest
36 grade offense;
37 (iii) every eight weeks thereafter where a class D felony is the high-
38 est grade offense;
39 (iv) every ten weeks thereafter where a class C felony is the highest
40 grade offense; or
41 (v) every twelve weeks thereafter where a class B felony is the high-
42 est grade offense.
43 (b) Upon such review or re-evaluation, the court shall reconsider
44 whether the defendant should be released on personal recognizance or
45 upon posting reduced bail in the interests of justice after considering
46 the length of time the defendant has already been incarcerated, the
47 likely sentence that would be imposed if the defendant were found guilty
48 or pled guilty to the charged offense, the nature and circumstances of
49 the charged offense, the weight of the evidence, the history and charac-
50 teristics of the defendant, the nature and seriousness of the danger
51 posed by the defendant's release, and whether the principal should be
52 released subject to a further condition, or combination of conditions,
53 that reasonably justifies the release of the defendant on personal
54 recognizance or reduced bail, and such other factors in the interests of
55 justice as reasonably determined by the court based on an individualized
56 determination as to whether and to what extent that the defendant
A. 4964 16
1 continues to pose a risk of flight to avoid prosecution, continues to
2 pose a risk of failing to appear in court based on the defendant's
3 record of a prior criminal conviction or failure to appear in prior
4 court proceedings, or continues to pose a risk of endangering the safety
5 of any other person or the community. If the court determines that no
6 condition or combination of conditions will reasonably ensure the
7 appearance of the defendant and the safety of any other person of the
8 community, the court shall continue to detain the defendant without bail
9 or without a reduction in the amount of the bail.
10 § 23. The section heading and subdivisions 1 and 2 of section 530.30
11 of the criminal procedure law, as amended by section 17 of part JJJ of
12 chapter 59 of the laws of 2019, are amended to read as follows:
13 Order of recognizance[, release under non-monetary conditions] or bail;
14 by superior court judge when action is pending in local criminal court.
15 1. When a criminal action is pending in a local criminal court, other
16 than one consisting of a superior court judge sitting as such, a judge
17 of a superior court holding a term thereof in the county, upon applica-
18 tion of a defendant, may order recognizance[, release under non-monetary
19 conditions] or[, where authorized,] bail when such local criminal court:
20 (a) Lacks authority to issue such an order, pursuant to the relevant
21 provisions of section 530.20 of this article; or
22 (b) Has denied an application for recognizance[, release under non-
23 monetary conditions] or bail; or
24 (c) Has fixed bail[, where authorized,] which is excessive[; or
25 (d) Has set a securing order of release under non-monetary conditions
26 which are more restrictive than necessary to reasonably assure the
27 defendant's return to court].
28 In such case, such superior court judge may vacate the order of such
29 local criminal court and release the defendant on his or her own recog-
30 nizance [or under non-monetary conditions,] or [where authorized,] fix
31 bail in a lesser amount or in a less burdensome form[, whichever are the
32 least restrictive alternative and conditions that will reasonably assure
33 the defendant's return to court. The court shall explain its choice of
34 alternative and conditions on the record or in writing].
35 2. Notwithstanding the provisions of subdivision one of this section,
36 when the defendant is charged with a felony in a local criminal court, a
37 superior court judge may not order recognizance, [release under non-mon-
38 etary conditions] or[, where authorized,] bail unless and until the
39 district attorney has had an opportunity to be heard in the matter and
40 such judge [and counsel for the defendant have] has been furnished with
41 a report as described in subparagraph (ii) of paragraph (b) of subdivi-
42 sion two of section 530.20 of this article.
43 § 24. Section 530.40 of the criminal procedure law is REPEALED and a
44 new section 530.40 is added to read as follows:
45 § 530.40 Order of recognizance or bail; by superior court when action is
46 pending therein.
47 When a criminal action is pending in a superior court, such court,
48 upon application of a defendant, must or may order recognizance or bail
49 as follows:
50 1. When the defendant is charged with an offense or offenses of less
51 than felony grade only, the court must order recognizance or bail.
52 2. When the defendant is charged with a felony, the court may, in its
53 discretion, order recognizance or bail. In any such case in which an
54 indictment (a) has resulted from an order of a local criminal court
55 holding the defendant for the action of the grand jury, or (b) was filed
56 at a time when a felony complaint charging the same conduct was pending
A. 4964 17
1 in a local criminal court, and in which such local criminal court or a
2 superior court judge has issued an order of recognizance or bail which
3 is still effective, the superior court's order may be in the form of a
4 direction continuing the effectiveness of the previous order.
5 3. Notwithstanding the provisions of subdivision two of this section,
6 a superior court may not order recognizance or bail, or permit a defend-
7 ant to remain at liberty pursuant to an existing order, after the
8 defendant has been convicted of either: (a) a class A felony or (b) any
9 class B or class C felony defined in article one hundred thirty of the
10 penal law committed or attempted to be committed by a person eighteen
11 years of age or older against a person less than eighteen years of age.
12 In either case the court must commit or remand the defendant to the
13 custody of the sheriff.
14 4. Notwithstanding the provisions of subdivision two of this section,
15 a superior court may not order recognizance or bail when the defendant
16 is charged with a felony unless and until the district attorney has had
17 an opportunity to be heard in the matter and such court has been
18 furnished with a report as described in subparagraph (ii) of paragraph
19 (b) of subdivision two of section 530.20 of this article.
20 5. The court shall make an individualized determination if: (a) the
21 defendant poses a risk of flight to avoid prosecution; (b) the defendant
22 poses a risk of failing to appear in court based on the defendant's
23 record of a prior criminal conviction or failure to appear in prior
24 court proceedings; or (c) the defendant poses a risk of endangering the
25 safety of any other person or the community. If the court finds that the
26 defendant poses a risk of flight or a risk of failure to appear but does
27 not pose a risk of endangering the safety of any other person or the
28 community, the court shall release the defendant subject to the lowest
29 reasonable bail and/or the least restrictive further condition or combi-
30 nation of conditions that will reasonably ensure the appearance of the
31 defendant considering the nature and circumstances of the charged
32 offense, the weight of the evidence, the history and characteristics of
33 the defendant, and the nature and seriousness of the danger posed by the
34 defendant's release. If the court determines that no condition or combi-
35 nation of conditions will reasonably assure the appearance of the
36 defendant and the safety of any other person of the community, the court
37 shall order detention without bail.
38 6. If the defendant is arrested during the interim period while await-
39 ing a preliminary hearing or trial, the court shall revoke or otherwise
40 terminate the previous order and issue a new order taking into account
41 the subsequent arrest.
42 7. (a) All orders issued under this section where the defendant is
43 incarcerated solely because of said order shall be reviewed and re-eval-
44 uated by the court no later than:
45 (i) every four weeks thereafter where a class A misdemeanor is the
46 highest grade offense;
47 (ii) every six weeks thereafter where a class E felony is the highest
48 grade offense;
49 (iii) every eight weeks thereafter where a class D felony is the high-
50 est grade offense;
51 (iv) every ten weeks thereafter where a class C felony is the highest
52 grade offense; or
53 (v) every twelve weeks thereafter where a class B felony is the high-
54 est grade offense.
55 (b) Upon such review or re-evaluation, the court shall reconsider
56 whether the defendant should be released on personal recognizance or
A. 4964 18
1 upon posting reduced bail in the interests of justice after considering
2 the length of time the defendant has already been incarcerated, the
3 likely sentence that would be imposed if the defendant were found guilty
4 or pled guilty to the charged offense, the nature and circumstances of
5 the charged offense, the weight of the evidence, the history and charac-
6 teristics of the defendant, the nature and seriousness of the danger
7 posed by the defendant's release, and whether the principal should be
8 released subject to a further condition, or combination of conditions,
9 that reasonably justifies the release of the defendant on personal
10 recognizance or reduced bail, and such other factors in the interests of
11 justice as reasonably determined by the court based on an individualized
12 determination as to whether and to what extent that the defendant
13 continues to pose a risk of flight to avoid prosecution, continues to
14 pose a risk of failing to appear in court based on the defendant's
15 record of a prior criminal conviction or failure to appear in prior
16 court proceedings, or continues to pose a risk of endangering the safety
17 of any other person or the community. If the court determines that no
18 condition or combination of conditions will reasonably ensure the
19 appearance of the defendant and the safety of any other person of the
20 community, the court shall continue to detain the defendant without bail
21 or without a reduction in the amount of the bail.
22 § 25. Subdivision 1 of section 530.45 of the criminal procedure law,
23 as amended by section 19 of part JJJ of chapter 59 of the laws of 2019,
24 is amended to read as follows:
25 1. When the defendant is at liberty in the course of a criminal action
26 as a result of a prior order of recognizance[, release under non-mone-
27 tary conditions] or bail and the court revokes such order and then[,
28 where authorized,] either fixes no bail or fixes bail in a greater
29 amount or in a more burdensome form than was previously fixed and
30 remands or commits defendant to the custody of the sheriff, [or issues a
31 more restrictive securing order,] a judge designated in subdivision two
32 of this section, upon application of the defendant following conviction
33 of an offense other than a class A felony or a class B or class C felony
34 offense as defined in article one hundred thirty of the penal law
35 committed or attempted to be committed by a person eighteen years of age
36 or older against a person less than eighteen years of age, and before
37 sentencing, may issue a securing order and either release the defendant
38 on the defendant's own recognizance, [release the defendant under non-
39 monetary conditions,] or[, where authorized,] fix bail or fix bail in a
40 lesser amount or in a less burdensome form[, or issue a less restrictive
41 securing order,] than fixed by the court in which the conviction was
42 entered.
43 § 26. Subdivision 2-a of section 530.45 of the criminal procedure law
44 is REPEALED.
45 § 27. Section 530.50 of the criminal procedure law, as amended by
46 chapter 264 of the laws of 2003, subdivision 1 as designated and subdi-
47 vision 2 as added by section 10 of part UU of chapter 56 of the laws of
48 2020, is amended to read as follows:
49 § 530.50 Order of recognizance or bail; during pendency of appeal.
50 [1.] A judge who is otherwise authorized pursuant to section 460.50 or
51 [section] 460.60 of this chapter to issue an order of recognizance or
52 bail pending the determination of an appeal, may do so unless the
53 defendant received a class A felony sentence or a sentence for any class
54 B or class C felony offense defined in article one hundred thirty of the
55 penal law committed or attempted to be committed by a person eighteen
56 years of age or older against a person less than eighteen years of age.
A. 4964 19
1 [2. Notwithstanding the provisions of subdivision four of section
2 510.10, paragraph (b) of subdivision one of section 530.20 and subdivi-
3 sion four of section 530.40 of this title, when a defendant charged with
4 an offense that is not such a qualifying offense applies, pending deter-
5 mination of an appeal, for an order of recognizance or release on non-
6 monetary conditions, where authorized, or fixing bail, a judge identi-
7 fied in subdivision two of section 460.50 or paragraph (a) of
8 subdivision one of section 460.60 of this chapter may, in accordance
9 with law, and except as otherwise provided by law, issue a securing
10 order: releasing the defendant on the defendant's own recognizance or
11 under non-monetary conditions where authorized, fixing bail, or remand-
12 ing the defendant to the custody of the sheriff where authorized.]
13 § 28. Section 530.60 of the criminal procedure law, as amended by
14 section 20 of part JJJ of chapter 59 of the laws of 2019, is amended to
15 read as follows:
16 § 530.60 [Certain modifications of a securing order] Order of recogni-
17 zance or bail; revocation thereof.
18 1. Whenever in the course of a criminal action or proceeding a defend-
19 ant is at liberty as a result of an order of recognizance[, release
20 under non-monetary conditions] or bail issued pursuant to this chapter,
21 and the court considers it necessary to review such order, [whether due
22 to a motion by the people or otherwise,] the court may, and [except as
23 provided in subdivision two of section 510.50 of this title concerning a
24 failure to appear in court,] by a bench warrant if necessary, require
25 the defendant to appear before the court. Upon such appearance, the
26 court, for good cause shown, may revoke the order of recognizance[,
27 release under non-monetary conditions,] or bail. If the defendant is
28 entitled to recognizance[, release under non-monetary conditions,] or
29 bail as a matter of right, the court must issue another such order. If
30 the defendant is not, the court may either issue such an order or commit
31 the defendant to the custody of the sheriff in accordance with this
32 section.
33 Where the defendant is committed to the custody of the sheriff and is
34 held on a felony complaint, a new period as provided in section 180.80
35 of this chapter shall commence to run from the time of the defendant's
36 commitment under this subdivision.
37 2. (a) Whenever in the course of a criminal action or proceeding a
38 defendant charged with the commission of a felony is at liberty as a
39 result of an order of recognizance, [release under non-monetary condi-
40 tions] or bail issued pursuant to this article it shall be grounds for
41 revoking such order that the court finds reasonable cause to believe the
42 defendant committed one or more specified class A or violent felony
43 offenses or intimidated a victim or witness in violation of section
44 215.15, 215.16 or 215.17 of the penal law while at liberty.
45 [(b) Except as provided in paragraph (a) of this subdivision or any
46 other law, whenever in the course of a criminal action or proceeding a
47 defendant charged with the commission of an offense is at liberty as a
48 result of an order of recognizance, release under non-monetary condi-
49 tions or bail issued pursuant to this article it shall be grounds for
50 revoking such order and fixing bail in such criminal action or proceed-
51 ing when the court has found, by clear and convincing evidence, that the
52 defendant:
53 (i) persistently and willfully failed to appear after notice of sched-
54 uled appearances in the case before the court; or
A. 4964 20
1 (ii) violated an order of protection in the manner prohibited by
2 subdivision (b), (c) or (d) of section 215.51 of the penal law while at
3 liberty; or
4 (iii) stands charged in such criminal action or proceeding with a
5 misdemeanor or violation and, after being so charged, intimidated a
6 victim or witness in violation of section 215.15, 215.16 or 215.17 of
7 the penal law or tampered with a witness in violation of section 215.11,
8 215.12 or 215.13 of the penal law, law while at liberty; or
9 (iv) stands charged in such action or proceeding with a felony and,
10 after being so charged, committed a felony while at liberty.
11 (c)] Before revoking an order of recognizance[, release under non-mon-
12 etary conditions,] or bail pursuant to this subdivision, the court must
13 hold a hearing and shall receive any relevant, admissible evidence not
14 legally privileged. The defendant may cross-examine witnesses and may
15 present relevant, admissible evidence on his own behalf. Such hearing
16 may be consolidated with, and conducted at the same time as, a felony
17 hearing conducted pursuant to article one hundred eighty of this chap-
18 ter. A transcript of testimony taken before the grand jury upon presen-
19 tation of the subsequent offense shall be admissible as evidence during
20 the hearing. The district attorney may move to introduce grand jury
21 testimony of a witness in lieu of that witness' appearance at the hear-
22 ing.
23 [(d)] (b) Revocation of an order of recognizance[, release under non-
24 monetary conditions] or bail and [a new securing order fixing bail or]
25 commitment[, as specified in this paragraph and] pursuant to this subdi-
26 vision shall be for the following periods, either:
27 [(i) Under paragraph (a) of this subdivision, revocation of the order
28 of recognizance, release under non-monetary conditions or, as the case
29 may be, bail, and a new securing order fixing bail or committing the
30 defendant to the custody of the sheriff shall be as follows:
31 (A)] (i) For a period not to exceed ninety days exclusive of any peri-
32 ods of adjournment requested by the defendant; or
33 [(B)] (ii) Until the charges contained within the accusatory instru-
34 ment have been reduced or dismissed such that no count remains which
35 charges the defendant with commission of a felony; or
36 [(C)] (iii) Until reduction or dismissal of the charges contained
37 within the accusatory instrument charging the subsequent offense such
38 that no count remains which charges the defendant with commission of a
39 class A or violent felony offense.
40 Upon expiration of any of the three periods specified within this
41 [subparagraph] paragraph, whichever is shortest, the court may grant or
42 deny release upon an order of bail or recognizance in accordance with
43 the provisions of this article. Upon conviction to an offense the
44 provisions of this article [five hundred thirty of this chapter] shall
45 apply[; and].
46 [(ii) Under paragraph (b) of this subdivision, revocation of the order
47 of recognizance, release under non-monetary conditions or, as the case
48 may be, bail shall result in the issuance of a new securing order which
49 may, if otherwise authorized by law, permit the principal's release on
50 recognizance or release under non-monetary conditions, but shall also
51 render the defendant eligible for an order fixing bail provided, howev-
52 er, that in accordance with the principles in this title the court must
53 select the least restrictive alternative and condition or conditions
54 that will reasonably assure the principal's return to court. Nothing in
55 this subparagraph shall be interpreted as shortening the period of
A. 4964 21
1 detention, or requiring or authorizing any less restrictive form of a
2 securing order, which may be imposed pursuant to any other law.
3 (e)] (c) Notwithstanding the provisions of paragraph (a) [or (b)] of
4 this subdivision a defendant, against whom a felony complaint has been
5 filed which charges the defendant with commission of a class A or
6 violent felony offense [or violation of section 215.15, 215.16 or 215.17
7 of the penal law] committed while he or she was at liberty as specified
8 therein, may be committed to the custody of the sheriff pending a revo-
9 cation hearing for a period not to exceed seventy-two hours. An addi-
10 tional period not to exceed seventy-two hours may be granted by the
11 court upon application of the district attorney upon a showing of good
12 cause or where the failure to commence the hearing was due to the
13 defendant's request or occurred with his or her consent. Such good cause
14 must consist of some compelling fact or circumstance which precluded
15 conducting the hearing within the initial prescribed period.
16 § 29. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
17 procedure law, as amended by section 21 of part JJJ of chapter 59 of the
18 laws of 2019, is amended to read as follows:
19 (a) If at any time during the defendant's participation in the judi-
20 cial diversion program, the court has reasonable grounds to believe that
21 the defendant has violated a release condition [in an important respect]
22 or has [willfully] failed to appear before the court as requested, the
23 court [except as provided in subdivision two of section 510.50 of this
24 chapter regarding a failure to appear,] shall direct the defendant to
25 appear or issue a bench warrant to a police officer or an appropriate
26 peace officer directing him or her to take the defendant into custody
27 and bring the defendant before the court without unnecessary delay;
28 provided, however, that under no circumstances shall a defendant who
29 requires treatment for opioid abuse or dependence be deemed to have
30 violated a release condition on the basis of his or her participation in
31 medically prescribed drug treatments under the care of a health care
32 professional licensed or certified under title eight of the education
33 law, acting within his or her lawful scope of practice. The [relevant]
34 provisions of subdivision one of section 530.60 of this chapter relating
35 to [issuance of securing orders] revocation of recognizance or bail
36 shall apply to such proceedings under this subdivision.
37 § 30. Section 410.60 of the criminal procedure law, as amended by
38 section 23 of part JJJ of chapter 59 of the laws of 2019, is amended to
39 read as follows:
40 § 410.60 Appearance before court.
41 A person who has been taken into custody pursuant to section 410.40 or
42 [section] 410.50 of this article for violation of a condition of a
43 sentence of probation or a sentence of conditional discharge must forth-
44 with be brought before the court that imposed the sentence. Where a
45 violation of probation petition and report has been filed and the person
46 has not been taken into custody nor has a warrant been issued, an
47 initial court appearance shall occur within ten business days of the
48 court's issuance of a notice to appear. If the court has reasonable
49 cause to believe that such person has violated a condition of the
50 sentence, it may commit such person to the custody of the sheriff[,] or
51 fix bail[, release such person under non-monetary conditions] or release
52 such person on such person's own recognizance for future appearance at a
53 hearing to be held in accordance with section 410.70 of this article. If
54 the court does not have reasonable cause to believe that such person has
55 violated a condition of the sentence, it must direct that such person be
56 released.
A. 4964 22
1 § 31. Subdivision 3 of section 620.50 of the criminal procedure law,
2 as amended by section 24 of part JJJ of chapter 59 of the laws of 2019,
3 is amended to read as follows:
4 3. A material witness order must be executed as follows:
5 (a) If the bail is posted and approved by the court, the witness must,
6 as provided in subdivision [two] three of section 510.40 of this part,
7 be released and be permitted to remain at liberty; provided that, where
8 the bail is posted by a person other than the witness himself or
9 herself, he or she may not be so released except upon his or her signed
10 written consent thereto;
11 (b) If the bail is not posted, or if though posted it is not approved
12 by the court, the witness must, as provided in subdivision [two] three
13 of section 510.40 of this part, be committed to the custody of the sher-
14 iff.
15 § 32. Subdivision 5 of section 216 of the judiciary law, as added by
16 section 5 of part UU of chapter 56 of the laws of 2020, is REPEALED.
17 § 33. Section 837-u of the executive law is REPEALED.
18 § 34. This act shall take effect immediately.