STATE OF NEW YORK
________________________________________________________________________
4461
2025-2026 Regular Sessions
IN SENATE
February 5, 2025
___________
Introduced by Sens. TEDISCO, BORRELLO, GRIFFO, HELMING, MATTERA, OBER-
ACKER, O'MARA, ORTT, PALUMBO, STEC, WEIK -- read twice and ordered
printed, and when printed to be committed to the Committee 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; to repeal certain provisions of the crimi-
nal procedure law relating thereto; to amend the criminal procedure
law and the penal law, in relation to establishing new criminal
discovery rules; to repeal article 245 of the criminal procedure law
relating thereto; and to repeal certain provisions of the judiciary
law and the executive law relating to securing orders and criminal
discovery
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2 law is REPEALED.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 150.20 of the criminal procedure law, as
4 amended by section 1-a of part JJJ of chapter 59 of the laws of 2019,
5 paragraph (a) as separately amended by section 1 of subpart B of part VV
6 of chapter 56 of the laws of 2023 and chapter 23 of the laws of 2024,
7 subparagraph (viii) as amended and subparagraphs (ix), (x) and (xi) of
8 paragraph (b) as added by section 1 of subpart B of part UU of chapter
9 56 of the laws of 2022, is amended to read as follows:
10 1. [(a)] Whenever a police officer is authorized pursuant to section
11 140.10 of this title to arrest a person without a warrant for an offense
12 other than a class A, B, C or D felony or a violation of section 130.25,
13 former section 130.40, section 205.10, 205.17, 205.19 or 215.56 of the
14 penal law, or other than where an arrest is required to be made pursuant
15 to subdivision four of section 140.10 of this title, the officer [shall,
16 except as set out in paragraph (b) of this subdivision] may, subject to
17 the provisions of subdivisions three and four of section 150.40 of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08913-01-5
S. 4461 2
1 [title] article, instead issue to and serve upon such person an appear-
2 ance ticket.
3 [(b) An officer is not required to issue an appearance ticket if:
4 (i) the person has one or more outstanding local criminal court or
5 superior court warrants;
6 (ii) the person has failed to appear in court proceedings in the last
7 two years;
8 (iii) the person has been given a reasonable opportunity to make their
9 verifiable identity and a method of contact known, and has been unable
10 or unwilling to do so, so that a custodial arrest is necessary to
11 subject the individual to the jurisdiction of the court. For the
12 purposes of this section, an officer may rely on various factors to
13 determine a person's identity, including but not limited to personal
14 knowledge of such person, such person's self-identification, or photo-
15 graphic identification. There is no requirement that a person present
16 photographic identification in order to be issued an appearance ticket
17 in lieu of arrest where the person's identity is otherwise verifiable;
18 however, if offered by such person, an officer shall accept as evidence
19 of identity the following: a valid driver's license or non-driver iden-
20 tification card issued by the commissioner of motor vehicles, the feder-
21 al government, any United States territory, commonwealth or possession,
22 the District of Columbia, a state government or municipal government
23 within the United States or a provincial government of the dominion of
24 Canada; a valid passport issued by the United States government or any
25 other country; an identification card issued by the armed forces of the
26 United States; a public benefit card, as defined in paragraph (a) of
27 subdivision one of section 158.00 of the penal law;
28 (iv) the person is charged with a crime between members of the same
29 family or household, as defined in subdivision one of section 530.11 of
30 this chapter;
31 (v) the person is charged with a crime defined in article 130 of the
32 penal law;
33 (vi) it reasonably appears the person should be brought before the
34 court for consideration of issuance of an order of protection, pursuant
35 to section 530.13 of this chapter, based on the facts of the crime or
36 offense that the officer has reasonable cause to believe occurred;
37 (vii) the person is charged with a crime for which the court may
38 suspend or revoke his or her driver license;
39 (viii) it reasonably appears to the officer, based on the observed
40 behavior of the individual in the present contact with the officer and
41 facts regarding the person's condition that indicates a sign of distress
42 to such a degree that the person would face harm without immediate
43 medical or mental health care, that bringing the person before the court
44 would be in such person's interest in addressing that need; provided,
45 however, that before making the arrest, the officer shall make all
46 reasonable efforts to assist the person in securing appropriate
47 services;
48 (ix) the person is eighteen years of age or older and charged with
49 criminal possession of a weapon on school grounds as defined in section
50 265.01-a of the penal law;
51 (x) the person is eighteen years of age or older and charged with a
52 hate crime as defined in section 485.05 of the penal law; or
53 (xi) the offense is a qualifying offense pursuant to paragraph (t) of
54 subdivision four of section 510.10 of this chapter, or pursuant to para-
55 graph (t) of subdivision four of section 530.40 of this chapter.]
S. 4461 3
1 § 3. The criminal procedure law is amended by adding a new section
2 150.30 to read as follows:
3 § 150.30 Appearance ticket; issuance and service thereof after arrest
4 upon posting of pre-arraignment bail.
5 1. Issuance and service of an appearance ticket by a police officer
6 following an arrest without a warrant, as prescribed in subdivision two
7 of section 150.20 of this article, may be made conditional upon the
8 posting of a sum of money, known as pre-arraignment bail. In such case,
9 the bail becomes forfeit upon failure of such person to comply with the
10 directions of the appearance ticket. The person posting such bail must
11 complete and sign a form which states (a) the name, residential address
12 and occupation of each person posting cash bail; and (b) the title of
13 the criminal action or proceeding involved; and (c) the offense or
14 offenses which are the subjects of the action or proceeding involved,
15 and the status of such action or proceeding; and (d) the name of the
16 principal and the nature of the principal's involvement in or connection
17 with such action or proceeding; and (e) the date of the principal's next
18 appearance in court; and (f) an acknowledgement that the cash bail will
19 be forfeited if the principal does not comply with the directions of the
20 appearance ticket; and (g) the amount of money posted as cash bail. Such
21 pre-arraignment bail may be posted as provided in subdivision two or
22 three of this section.
23 2. A desk officer in charge at a police station, county jail, or
24 police headquarters, or any of such officer's superior officers, may in
25 such place, fix pre-arraignment bail, in an amount prescribed in this
26 subdivision, and upon the posting thereof must issue and serve an
27 appearance ticket upon the arrested person, give a receipt for the bail,
28 and release such person from custody. Such pre-arraignment bail may be
29 fixed in the following amounts:
30 (a) If the arrest was for a class E felony, any amount not exceeding
31 seven hundred fifty dollars.
32 (b) If the arrest was for a class A misdemeanor, any amount not
33 exceeding five hundred dollars.
34 (c) If the arrest was for a class B misdemeanor or an unclassified
35 misdemeanor, any amount not exceeding two hundred fifty dollars.
36 (d) If the arrest was for a petty offense, any amount not exceeding
37 one hundred dollars.
38 3. A police officer, who has arrested a person without a warrant
39 pursuant to subdivision two of section 150.20 of this article for a
40 traffic infraction, may, where the officer reasonably believes that such
41 arrested person is not licensed to operate a motor vehicle by this state
42 or any state covered by a reciprocal compact guaranteeing appearance as
43 is provided in section five hundred seventeen of the vehicle and traffic
44 law, fix pre-arraignment bail in the amount of fifty dollars; provided,
45 however, such bail shall be posted by means of a credit card or similar
46 device. Upon the posting thereof, said officer must issue and serve an
47 appearance ticket upon the arrested person, give a receipt for the bail,
48 and release such person from custody.
49 4. The chief administrator of the courts shall establish a system for
50 the posting of pre-arraignment bail by means of credit card or similar
51 device, as is provided by section two hundred twelve of the judiciary
52 law. The head of each police department or police force and of any state
53 department, agency, board, commission or public authority having police
54 officers who fix pre-arraignment bail as provided herein may elect to
55 use the system established by the chief administrator or may establish
S. 4461 4
1 such other system for the posting of pre-arraignment bail by means of
2 credit card or similar device as such person may deem appropriate.
3 § 4. Subdivision 1 of section 150.40 of the criminal procedure law, as
4 amended by section 8 of part UU of chapter 56 of the laws of 2020, is
5 amended to read as follows:
6 1. An appearance ticket must be made returnable [at a date as soon as
7 possible, but in no event later than twenty days from the date of issu-
8 ance; or at the next scheduled session of the appropriate local criminal
9 court if such session is scheduled to occur more than twenty days from
10 the date of issuance; or at a later date, with the court's permission
11 due to enrollment in a pre-arraignment diversion program. The appearance
12 ticket shall be made returnable] in a local criminal court designated in
13 section 100.55 of this title as one with which an information for the
14 offense in question may be filed.
15 § 5. Section 150.80 of the criminal procedure law is REPEALED.
16 § 6. Subdivisions 3-a, 3-b, 21 and 22 of section 500.10 of the crimi-
17 nal procedure law are REPEALED.
18 § 7. Subdivisions 5, 6, 7 and 9 of section 500.10 of the criminal
19 procedure law, subdivision 5 as amended by section 1 of subpart A of
20 part VV of chapter 56 of the laws of 2023 and subdivisions 6, 7 and 9 as
21 amended by section 1-e of part JJJ of chapter 59 of the laws of 2019,
22 are amended to read as follows:
23 5. "Securing order" means an order of a court committing a principal
24 to the custody of the sheriff or fixing bail, [where authorized,] or
25 releasing the principal on the principal's own recognizance [or releas-
26 ing the principal under non-monetary conditions], or, as otherwise
27 authorized under this title, ordering non-monetary conditions in
28 conjunction with fixing bail.
29 6. "Order of recognizance or bail" means a securing order releasing a
30 principal on the principal's own recognizance or [under non-monetary
31 conditions or, where authorized,] fixing bail.
32 7. "Application for recognizance or bail" means an application by a
33 principal that the court, instead of committing the principal to or
34 retaining the principal in the custody of the sheriff, either release
35 the principal on the principal's own recognizance[, release under non-
36 monetary conditions, or, where authorized,] or fix bail.
37 9. "Bail" means cash bail[,] or a bail bond [or money paid with a
38 credit card].
39 § 8. Section 510.10 of the criminal procedure law, as amended by
40 section 2 of part JJJ of chapter 59 of the laws of 2019, the opening
41 paragraph as added and the opening paragraph of subdivision 1, subdivi-
42 sion 3 and the opening paragraph of subdivision 4 as amended by section
43 2 of subpart A of part VV of chapter 56 of the laws of 2023, subdivision
44 1 as amended by section 1 of subpart C of part UU of chapter 56 of the
45 laws of 2022, subdivision 4 as amended by section 2 of part UU of chap-
46 ter 56 of the laws of 2020, and paragraphs (s) and (t) as amended and
47 paragraph (u) of subdivision 4 as added by section 2 of subpart B of
48 part UU of chapter 56 of the laws of 2022, is amended to read as
49 follows:
50 § 510.10 Securing order; when required; alternatives available[; stand-
51 ard to be applied].
52 The imposition of a specific type of securing order is in some cases
53 required by law and in other cases within the discretion of the court in
54 accordance with the principles of, and pursuant to its authority granted
55 under, this title.
S. 4461 5
1 1. When a principal, whose future court attendance at a criminal
2 action or proceeding is or may be required, initially comes under the
3 control of a court, such court shall impose a securing order in accord-
4 ance with this title. Except as otherwise required by law, the court
5 shall make an individualized determination as to whether the principal
6 poses a risk of flight to avoid prosecution, consider the kind and
7 degree of control or restriction necessary to reasonably assure the
8 principal's return to court, and select a securing order consistent with
9 its determination under this subdivision. The court shall explain the
10 basis for its determination and its choice of securing order on the
11 record or in writing. In making a determination under this subdivision,
12 the court must consider and take into account available information
13 about the principal, including:
14 (a) The principal's activities and history;
15 (b) If the principal is a defendant, the charges facing the principal;
16 (c) (i) The principal's character, reputation, habits and mental
17 condition;
18 (ii) The principal's employment and financial resources;
19 (iii) The principal's family ties and the length of the principal's
20 residence if any in the community;
21 (iv) The principal's criminal [conviction] record if any;
22 [(d)] (v) The principal's record of previous adjudication as a juve-
23 nile delinquent, as retained pursuant to section 354.1 of the family
24 court act, or, of pending cases where fingerprints are retained pursuant
25 to section 306.1 of such act, or a youthful offender, if any;
26 [(e)] (vi) The principal's previous record, if any, in responding to
27 court appearances when required or with respect to flight to avoid crim-
28 inal prosecution;
29 [(f) If monetary bail is authorized, according to the restrictions set
30 forth in this title, the principal's individual financial circumstances,
31 and, in cases where bail is authorized, the principal's ability to post
32 bail without posing undue hardship, as well as his or her ability to
33 obtain a secured, unsecured, or partially secured bond;
34 (g)] (vii) Any violation by the principal of an order of protection
35 issued by any court;
36 [(h)] (viii) The principal's history of use or possession of a
37 firearm;
38 [(i)] (ix) Whether the charge is alleged to have caused serious harm
39 to an individual or group of individuals; [and]
40 [(j)] (x) If the principal is a defendant, the weight of the evidence
41 against the principal in the pending criminal action and any other
42 factor indicating probability or improbability of conviction; or, in the
43 case of an application for [a securing order] bail or recognizance pend-
44 ing appeal, the merit or lack of merit of the appeal; and
45 (xi) If the principal is a defendant, the sentence which may be or has
46 been imposed upon conviction.
47 2. A principal is entitled to representation by counsel under this
48 chapter in preparing an application for release, when a securing order
49 is being considered and when a securing order is being reviewed for
50 modification, revocation or termination. If the principal is financially
51 unable to obtain counsel, counsel shall be assigned to the principal.
52 3. In cases other than as described in subdivision four of this
53 section, the court shall release the principal pending trial on the
54 principal's own recognizance, unless the court finds on the record or in
55 writing that release on the principal's own recognizance will not
56 reasonably assure the principal's return to court. In such instances,
S. 4461 6
1 the court shall release the principal under non-monetary conditions as
2 provided for in subdivision three-a of section 500.10 of this title that
3 will reasonably assure the principal's return to court. The court shall
4 explain its choice of securing order on the record or in writing.
5 4. Where the principal stands charged with a qualifying offense, the
6 court, unless otherwise prohibited by law, may in its discretion release
7 the principal pending trial on the principal's own recognizance or under
8 non-monetary conditions, fix bail, or order non-monetary conditions in
9 conjunction with fixing bail, or, where the defendant is charged with a
10 qualifying offense which is a felony, the court may commit the principal
11 to the custody of the sheriff. A principal stands charged with a quali-
12 fying offense for the purposes of this subdivision when [he or she] the
13 principal stands charged with:
14 (a) a felony enumerated in section 70.02 of the penal law, other than
15 robbery in the second degree as defined in subdivision one of section
16 160.10 of the penal law, provided, however, that burglary in the second
17 degree as defined in subdivision two of section 140.25 of the penal law
18 shall be a qualifying offense only where the defendant is charged with
19 entering the living area of the dwelling;
20 (b) a crime involving witness intimidation under section 215.15 of the
21 penal law;
22 (c) a crime involving witness tampering under section 215.11, 215.12
23 or 215.13 of the penal law;
24 (d) a class A felony defined in the penal law, provided that for class
25 A felonies under article two hundred twenty of the penal law, only class
26 A-I felonies shall be a qualifying offense;
27 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
28 the penal law, or a felony sex offense defined in section 70.80 of the
29 penal law, or a crime involving incest as defined in section 255.25,
30 255.26 or 255.27 of such law, or a misdemeanor defined in article one
31 hundred thirty of such law;
32 (f) conspiracy in the second degree as defined in section 105.15 of
33 the penal law, where the underlying allegation of such charge is that
34 the defendant conspired to commit a class A felony defined in article
35 one hundred twenty-five of the penal law;
36 (g) money laundering in support of terrorism in the first degree as
37 defined in section 470.24 of the penal law; money laundering in support
38 of terrorism in the second degree as defined in section 470.23 of the
39 penal law; money laundering in support of terrorism in the third degree
40 as defined in section 470.22 of the penal law; money laundering in
41 support of terrorism in the fourth degree as defined in section 470.21
42 of the penal law; or a felony crime of terrorism as defined in article
43 four hundred ninety of the penal law, other than the crime defined in
44 section 490.20 of such law;
45 (h) criminal contempt in the second degree as defined in subdivision
46 three of section 215.50 of the penal law, criminal contempt in the first
47 degree as defined in subdivision (b), (c) or (d) of section 215.51 of
48 the penal law or aggravated criminal contempt as defined in section
49 215.52 of the penal law, and the underlying allegation of such charge of
50 criminal contempt in the second degree, criminal contempt in the first
51 degree or aggravated criminal contempt is that the defendant violated a
52 duly served order of protection where the protected party is a member of
53 the defendant's same family or household as defined in subdivision one
54 of section 530.11 of this title;
55 (i) facilitating a sexual performance by a child with a controlled
56 substance or alcohol as defined in section 263.30 of the penal law, use
S. 4461 7
1 of a child in a sexual performance as defined in section 263.05 of the
2 penal law or luring a child as defined in subdivision one of section
3 120.70 of the penal law, promoting an obscene sexual performance by a
4 child as defined in section 263.10 of the penal law or promoting a sexu-
5 al performance by a child as defined in section 263.15 of the penal law;
6 (j) any crime that is alleged to have caused the death of another
7 person;
8 (k) criminal obstruction of breathing or blood circulation as defined
9 in section 121.11 of the penal law, strangulation in the second degree
10 as defined in section 121.12 of the penal law or unlawful imprisonment
11 in the first degree as defined in section 135.10 of the penal law, and
12 is alleged to have committed the offense against a member of the defend-
13 ant's same family or household as defined in subdivision one of section
14 530.11 of this title;
15 (l) aggravated vehicular assault as defined in section 120.04-a of the
16 penal law or vehicular assault in the first degree as defined in section
17 120.04 of the penal law;
18 (m) assault in the third degree as defined in section 120.00 of the
19 penal law or arson in the third degree as defined in section 150.10 of
20 the penal law, when such crime is charged as a hate crime as defined in
21 section 485.05 of the penal law;
22 (n) aggravated assault upon a person less than eleven years old as
23 defined in section 120.12 of the penal law or criminal possession of a
24 weapon on school grounds as defined in section 265.01-a of the penal
25 law;
26 (o) grand larceny in the first degree as defined in section 155.42 of
27 the penal law, enterprise corruption as defined in section 460.20 of the
28 penal law, or money laundering in the first degree as defined in section
29 470.20 of the penal law;
30 (p) failure to register as a sex offender pursuant to section one
31 hundred sixty-eight-t of the correction law or endangering the welfare
32 of a child as defined in subdivision one of section 260.10 of the penal
33 law, where the defendant is required to maintain registration under
34 article six-C of the correction law and designated a level three offen-
35 der pursuant to subdivision six of section one hundred sixty-eight-l of
36 the correction law;
37 (q) a crime involving bail jumping under section 215.55, 215.56 or
38 215.57 of the penal law, or a crime involving escaping from custody
39 under section 205.05, 205.10 or 205.15 of the penal law;
40 (r) any felony offense committed by the principal while serving a
41 sentence of probation or while released to post release supervision;
42 (s) a felony, where the defendant qualifies for sentencing on such
43 charge as a persistent felony offender pursuant to section 70.10 of the
44 penal law;
45 (t) any felony or class A misdemeanor involving harm to an identifi-
46 able person or property, or any charge of criminal possession of a
47 firearm as defined in section 265.01-b of the penal law, where such
48 charge arose from conduct occurring while the defendant was released on
49 [his or her] the defendant's own recognizance, released under condi-
50 tions, or had yet to be arraigned after the issuance of a desk appear-
51 ance ticket for a separate felony or class A misdemeanor involving harm
52 to an identifiable person or property, or any charge of criminal
53 possession of a firearm as defined in section 265.01-b of the penal law,
54 provided, however, that the prosecutor must show reasonable cause to
55 believe that the defendant committed the instant crime and any underly-
56 ing crime. For the purposes of this subparagraph, any of the underlying
S. 4461 8
1 crimes need not be a qualifying offense as defined in this subdivision.
2 For the purposes of this paragraph, "harm to an identifiable person or
3 property" shall include but not be limited to theft of or damage to
4 property. However, based upon a review of the facts alleged in the accu-
5 satory instrument, if the court determines that such theft is negligible
6 and does not appear to be in furtherance of other criminal activity, the
7 principal shall be released on [his or her] the principal's own recogni-
8 zance or under appropriate non-monetary conditions; or
9 (u) criminal possession of a weapon in the third degree as defined in
10 subdivision three of section 265.02 of the penal law or criminal sale of
11 a firearm to a minor as defined in section 265.16 of the penal law.
12 5. Notwithstanding the provisions of subdivisions three and four of
13 this section, with respect to any charge for which bail or remand is not
14 ordered, and for which the court would not or could not otherwise
15 require bail or remand, a defendant may, at any time, request that the
16 court set bail in a nominal amount requested by the defendant in the
17 form specified in paragraph (a) of subdivision one of section 520.10 of
18 this title; if the court is satisfied that the request is voluntary, the
19 court shall set such bail in such amount.
20 6.] When a securing order is revoked or otherwise terminated in the
21 course of an uncompleted action or proceeding but the principal's future
22 court attendance still is or may be required and the principal is still
23 under the control of a court, a new securing order must be issued. When
24 the court revokes or otherwise terminates a securing order which commit-
25 ted the principal to the custody of the sheriff, the court shall give
26 written notification to the sheriff of such revocation or termination of
27 the securing order.
28 § 9. Section 510.20 of the criminal procedure law, as amended by
29 section 3 of part JJJ of chapter 59 of the laws of 2019, subdivision 1
30 and paragraph (b) of subdivision 2 as amended and subdivision 3 as added
31 by section 3 of subpart A of part VV of chapter 56 of the laws of 2023,
32 is amended to read as follows:
33 § 510.20 Application for [a change in securing order] recognizance or
34 bail; making and determination thereof in general.
35 1. Upon any occasion when a court [has issued] is required to issue a
36 securing order with respect to a principal [and the], or at any time
37 when a principal is confined in the custody of the sheriff as a result
38 of the securing order or a previously issued securing order, the princi-
39 pal may make an application for recognizance[, release under non-mone-
40 tary conditions, bail, a reduction of bail, or imposition of non-mone-
41 tary conditions in conjunction with bail or a reduction of] or bail.
42 2. [(a) The principal is entitled to representation by counsel in the
43 making and presentation of such application. If the principal is finan-
44 cially unable to obtain counsel, counsel shall be assigned to the prin-
45 cipal.
46 (b)] Upon such application, the principal must be accorded an opportu-
47 nity to be heard[, present evidence] and to contend that an order of
48 recognizance[, release under non-monetary conditions] or[, where author-
49 ized,] bail, a reduction of bail, or imposition of non-monetary condi-
50 tions in conjunction with bail or a reduction of bail, must or should
51 issue, that the court should release the principal on the principal's
52 own recognizance [or under non-monetary conditions] rather than fix
53 bail, [or where bail has been imposed, reduce the amount of bail] and
54 impose non-monetary conditions, where authorized under this title, and
55 that if bail is [authorized and] fixed it should be in a suggested
56 amount and form.
S. 4461 9
1 3. When an application for a change in securing order is brought under
2 this section and one or more of the charge or charges on which such
3 securing order was based have been dismissed and/or reduced such that
4 the securing order is no longer supported by the provisions of section
5 510.10 of this article, the court shall impose a new securing order in
6 accordance with such section.
7 § 10. Section 510.30 of the criminal procedure law, as amended by
8 section 5 of part JJJ of chapter 59 of the laws of 2019, and subdivision
9 1 as amended by section 4 of subpart A of part VV of chapter 56 of the
10 laws of 2023, is amended to read as follows:
11 § 510.30 Application for [securing order] recognizance or bail; rules of
12 law and criteria controlling determination.
13 1. Determinations of applications for recognizance or bail are not in
14 all cases discretionary but are subject to rules, prescribed in article
15 five hundred thirty of this title and other provisions of law relating
16 to specific kinds of criminal actions and proceedings, providing (a)
17 that in some circumstances such an application must as a matter of law
18 be granted, (b) that in others it must as a matter of law be denied and
19 the principal committed to or retained in the custody of the sheriff,
20 and (c) that in others the granting or denial thereof is a matter of
21 judicial discretion.
22 2. To the extent that the issuance of an order of recognizance or bail
23 and the terms thereof are matters of discretion rather than of law, an
24 application is determined on the basis of the following factors and
25 criteria:
26 (a) With respect to any principal, [the court in all cases, unless
27 otherwise provided by law,] must impose a securing order in accordance
28 with section 510.10 of this article, and shall explain the basis for its
29 determination and choice of securing order on the record or in writing.
30 [2.] (b) Where the principal is a defendant-appellant in a pending
31 appeal from a judgment of conviction, the court must also consider the
32 likelihood of ultimate reversal of the judgment. A determination that
33 the appeal is palpably without merit alone justifies, but does not
34 require, a denial of the application, regardless of any determination
35 made with respect to the factors specified in [subdivision one of this
36 section] paragraph (a) of this subdivision.
37 3. When bail or recognizance is ordered, the court shall inform the
38 principal, if the principal is a defendant charged with the commission
39 of a felony, that the release is conditional and that the court may
40 revoke the order of release and may be authorized to commit the princi-
41 pal to the custody of the sheriff in accordance with the provisions of
42 subdivision two of section 530.60 of this [chapter] title if the princi-
43 pal commits a subsequent felony while at liberty upon such order.
44 § 11. Section 510.40 of the criminal procedure law, as amended by
45 section 6 of part JJJ of chapter 59 of the laws of 2019, subdivision 3
46 and paragraph (b) of subdivision 4 as amended by section 5 of subpart A
47 of part VV of chapter 56 of the laws of 2023, and paragraph (c) of
48 subdivision 4 as amended by section 7 of part UU of chapter 56 of the
49 laws of 2020, is amended to read as follows:
50 § 510.40 [Court notification to principal of conditions of release and
51 of alleged violations of conditions of release] Application
52 for recognizance or bail; determination thereof, form of
53 securing order and execution thereof.
54 1. An application for recognizance or bail must be determined by a
55 securing order which either:
S. 4461 10
1 (a) Grants the application and releases the principal on the princi-
2 pal's own recognizance; or
3 (b) Grants the application and fixes bail; or
4 (c) Denies the application and commits the principal to, or retains
5 the principal in, the custody of the sheriff.
6 2. Upon ordering that a principal be released on the principal's own
7 recognizance, [or released under non-monetary conditions, or, if bail
8 has been fixed, upon the posting of bail,] the court must direct the
9 principal to appear in the criminal action or proceeding involved when-
10 ever the principal's attendance may be required and to [be] render the
11 principal at all times amenable to the orders and processes of the
12 court. If such principal is in the custody of the sheriff or at liberty
13 upon bail at the time of the order, the court must direct that the prin-
14 cipal be discharged from such custody or, as the case may be, that the
15 principal's bail be exonerated.
16 [2.] 3. Upon the issuance of an order fixing bail[, where authorized,]
17 and upon the posting thereof, the court must examine the bail to deter-
18 mine whether it complies with the order. If it does, the court must, in
19 the absence of some factor or circumstance which in law requires or
20 authorizes disapproval thereof, approve the bail and must issue a
21 certificate of release, authorizing the principal to be at liberty, and,
22 if the principal is in the custody of the sheriff at the time, directing
23 the sheriff to discharge the principal therefrom. If the bail fixed is
24 not posted, or is not approved after being posted, the court must order
25 that the principal be committed to the custody of the sheriff. [In the
26 event of any such non-approval, the court shall explain promptly in
27 writing the reasons therefor.
28 3. Non-monetary conditions of release shall be individualized and
29 established in writing by the court. At future court appearances, the
30 court shall consider a lessening of conditions or modification of condi-
31 tions to a less burdensome form based on the principal's compliance with
32 such conditions of release. In the event of alleged non-compliance with
33 the conditions of release in an important respect, pursuant to this
34 subdivision, additional conditions may be imposed by the court, on the
35 record or in writing, only after notice of the facts and circumstances
36 of such alleged non-compliance, reasonable under the circumstances,
37 affording the principal and the principal's attorney and the people an
38 opportunity to present relevant, admissible evidence, relevant witnesses
39 and to cross-examine witnesses, and a finding by clear and convincing
40 evidence that the principal violated a condition of release in an impor-
41 tant respect. Following such a finding, in determining whether to impose
42 additional conditions for non-compliance, the court shall consider and
43 may select conditions as provided for in subdivision three-a of section
44 500.10 of this title that will reasonably assure the defendant's return
45 to court. The court shall explain on the record or in writing the
46 reasons for its determination and for any changes to the conditions
47 imposed.
48 4. (a) Electronic monitoring of a principal's location may be ordered
49 only if the court finds, after notice, an opportunity to be heard and an
50 individualized determination explained on the record or in writing, that
51 the defendant qualifies for electronic monitoring in accordance with
52 subdivision twenty-one of section 500.10 of this title, and no other
53 realistic non-monetary condition or set of non-monetary conditions will
54 suffice to reasonably assure a principal's return to court.
55 (b) The specific method of electronic monitoring of the principal's
56 location must be approved by the court. The procedure and method of such
S. 4461 11
1 electronic monitoring shall reflect the findings of the individualized
2 determination warranting such imposition of electronic monitoring to
3 reasonably assure the principal's return to court, and shall be unobtru-
4 sive to the greatest extent practicable.
5 (c) Electronic monitoring of the location of a principal may be
6 conducted only by a public entity under the supervision and control of a
7 county or municipality or a non-profit entity under contract to the
8 county, municipality or the state. A county or municipality shall be
9 authorized to enter into a contract with another county or municipality
10 in the state to monitor principals under non-monetary conditions of
11 release in its county, but counties, municipalities and the state shall
12 not contract with any private for-profit entity for such purposes.
13 Counties, municipalities and the state may contract with a private for-
14 profit entity to supply electronic monitoring devices or other items,
15 provided that any interaction with persons under electronic monitoring
16 or the data produced by such monitoring shall be conducted solely by
17 employees of a county, municipality, the state, or a non-profit entity
18 under contract with such county, municipality or the state.
19 (d) Electronic monitoring of a principal's location may be for a maxi-
20 mum period of sixty days, and may be renewed for such period, after
21 notice, an opportunity to be heard and a de novo, individualized deter-
22 mination in accordance with this subdivision, which shall be explained
23 on the record or in writing.
24 A defendant subject to electronic location monitoring under this
25 subdivision shall be considered held or confined in custody for purposes
26 of section 180.80 of this chapter and shall be considered committed to
27 the custody of the sheriff for purposes of section 170.70 of the chap-
28 ter, as applicable.
29 5. If a principal is released under non-monetary conditions, the court
30 shall, on the record and in an individualized written document provided
31 to the principal, notify the principal, in plain language and a manner
32 sufficiently clear and specific:
33 (a) of any conditions to which the principal is subject, to serve as a
34 guide for the principal's conduct; and
35 (b) that the possible consequences for violation of such a condition
36 may include revocation of the securing order and the ordering of a more
37 restrictive securing order.]
38 § 12. Sections 510.43 and 510.45 of the criminal procedure law are
39 REPEALED.
40 § 13. Section 510.50 of the criminal procedure law, as amended by
41 section 9 of part JJJ of chapter 59 of the laws of 2019, is amended to
42 read as follows:
43 § 510.50 Enforcement of securing order.
44 [1.] When the attendance of a principal confined in the custody of the
45 sheriff is required at the criminal action or proceeding at a particular
46 time and place, the court may compel such attendance by directing the
47 sheriff to produce the principal at such time and place. If the princi-
48 pal is at liberty on the principal's own recognizance [or non-monetary
49 conditions] or on bail, the principal's attendance may be achieved or
50 compelled by various methods, including notification and the issuance of
51 a bench warrant, prescribed by law in provisions governing such matters
52 with respect to the particular kind of action or proceeding involved.
53 [2. Except when the principal is charged with a new crime while at
54 liberty, absent relevant, credible evidence demonstrating that a princi-
55 pal's failure to appear for a scheduled court appearance was willful,
56 the court, prior to issuing a bench warrant for a failure to appear for
S. 4461 12
1 a scheduled court appearance, shall provide at least forty-eight hours
2 notice to the principal or the principal's counsel that the principal is
3 required to appear, in order to give the principal an opportunity to
4 appear voluntarily.]
5 § 14. Paragraph (b) of subdivision 2 of section 520.10 of the criminal
6 procedure law, as amended by section 10 of part JJJ of chapter 59 of the
7 laws of 2019, is amended to read as follows:
8 (b) The court [shall] may direct that the bail be posted in any one of
9 [three] two or more of the forms specified in subdivision one of this
10 section, designated in the alternative, and may designate different
11 amounts varying with the forms[, except that one of the forms shall be
12 either an unsecured or partially secured surety bond, as selected by the
13 court].
14 § 15. Section 530.10 of the criminal procedure law, as amended by
15 section 11 of part JJJ of chapter 59 of the laws of 2019, is amended to
16 read as follows:
17 § 530.10 Order of recognizance [release under non-monetary conditions]
18 or bail; in general.
19 Under circumstances prescribed in this article, a court, upon applica-
20 tion of a defendant charged with or convicted of an offense, is required
21 [to issue a securing order] or authorized to order bail or recognizance
22 for the release or prospective release of such defendant during the
23 pendency of either:
24 1. A criminal action based upon such charge; or
25 2. An appeal taken by the defendant from a judgment of conviction or a
26 sentence or from an order of an intermediate appellate court affirming
27 or modifying a judgment of conviction or a sentence.
28 § 16. Subdivision 4 of section 530.11 of the criminal procedure law,
29 as amended by section 12 of part JJJ of chapter 59 of the laws of 2019,
30 is amended to read as follows:
31 4. When a person is arrested for an alleged family offense or an
32 alleged violation of an order of protection or temporary order of
33 protection or arrested pursuant to a warrant issued by the supreme or
34 family court, and the supreme or family court, as applicable, is not in
35 session, such person shall be brought before a local criminal court in
36 the county of arrest or in the county in which such warrant is return-
37 able pursuant to article one hundred twenty of this chapter. Such local
38 criminal court may issue any order authorized under subdivision eleven
39 of section 530.12 of this article, section one hundred fifty-four-d or
40 one hundred fifty-five of the family court act or subdivision three-b of
41 section two hundred forty or subdivision two-a of section two hundred
42 fifty-two of the domestic relations law, in addition to discharging
43 other arraignment responsibilities as set forth in this chapter. In
44 making such order, the local criminal court shall consider [de novo] the
45 bail recommendation [and securing order], if any, made by the supreme or
46 family court as indicated on the warrant or certificate of warrant.
47 Unless the petitioner or complainant requests otherwise, the court, in
48 addition to scheduling further criminal proceedings, if any, regarding
49 such alleged family offense or violation allegation, shall make such
50 matter returnable in the supreme or family court, as applicable, on the
51 next day such court is in session.
52 § 17. Subdivision 11 of section 530.12 of the criminal procedure law,
53 as amended by section 15 of part JJJ of chapter 59 of the laws of 2019,
54 is amended to read as follows:
55 11. If a defendant is brought before the court for failure to obey any
56 lawful order issued under this section, or an order of protection issued
S. 4461 13
1 by a court of competent jurisdiction in another state, territorial or
2 tribal jurisdiction, and if, after hearing, the court is satisfied by
3 competent proof that the defendant has willfully failed to obey any such
4 order, the court may:
5 (a) revoke an order of recognizance [or release under non-monetary
6 conditions] or revoke an order of bail or order forfeiture of such bail
7 and commit the defendant to custody; or
8 (b) restore the case to the calendar when there has been an adjourn-
9 ment in contemplation of dismissal and commit the defendant to custody;
10 or
11 (c) revoke a conditional discharge in accordance with section 410.70
12 of this chapter and impose probation supervision or impose a sentence of
13 imprisonment in accordance with the penal law based on the original
14 conviction; or
15 (d) revoke probation in accordance with section 410.70 of this chapter
16 and impose a sentence of imprisonment in accordance with the penal law
17 based on the original conviction. In addition, if the act which consti-
18 tutes the violation of the order of protection or temporary order of
19 protection is a crime or a violation the defendant may be charged with
20 and tried for that crime or violation.
21 § 18. The opening paragraph of subdivision 1 of section 530.13 of the
22 criminal procedure law, as amended by section 14 of part JJJ of chapter
23 59 of the laws of 2019, is amended to read as follows:
24 When any criminal action is pending, and the court has not issued a
25 temporary order of protection pursuant to section 530.12 of this arti-
26 cle, the court, in addition to the other powers conferred upon it by
27 this chapter, may for good cause shown issue a temporary order of
28 protection in conjunction with any securing order committing the defend-
29 ant to the custody of the sheriff or as a condition of a pre-trial
30 release, or as a condition of release on bail or an adjournment in
31 contemplation of dismissal. In addition to any other conditions, such an
32 order may require that the defendant:
33 § 19. Paragraph (a) of subdivision 8 of section 530.13 of the criminal
34 procedure law, as amended by section 13 of part JJJ of chapter 59 of the
35 laws of 2019, is amended to read as follows:
36 (a) revoke an order of recognizance[, release under non-monetary
37 conditions] or bail and commit the defendant to custody; or
38 § 20. Section 530.20 of the criminal procedure law is REPEALED and a
39 new section 530.20 is added to read as follows:
40 § 530.20 Order of recognizance or bail; by local criminal court when
41 action is pending therein.
42 When a criminal action is pending in a local criminal court, such
43 court, upon application of a defendant, must or may order recognizance
44 or bail as follows:
45 1. When the defendant is charged, by information, simplified informa-
46 tion, prosecutor's information or misdemeanor complaint, with an offense
47 or offenses of less than felony grade only, the court must order recog-
48 nizance or bail.
49 2. When the defendant is charged, by felony complaint, with a felony,
50 the court may, in its discretion, order recognizance or bail except as
51 otherwise provided in this subdivision:
52 (a) A city court, a town court or a village court may not order recog-
53 nizance or bail when (i) the defendant is charged with a class A felony,
54 or (ii) it appears that the defendant has two previous felony
55 convictions;
S. 4461 14
1 (b) No local criminal court may order recognizance or bail with
2 respect to a defendant charged with a felony unless and until:
3 (i) The district attorney has been heard in the matter or, after know-
4 ledge or notice of the application and reasonable opportunity to be
5 heard, has failed to appear at the proceeding or has otherwise waived
6 the right to do so; and
7 (ii) The court has been furnished with a report of the division of
8 criminal justice services concerning the defendant's criminal record if
9 any or with a police department report with respect to the defendant's
10 prior arrest record. If neither report is available, the court, with the
11 consent of the district attorney, may dispense with this requirement;
12 provided, however, that in an emergency, including but not limited to a
13 substantial impairment in the ability of such division or police depart-
14 ment to timely furnish such report, such consent shall not be required
15 if, for reasons stated on the record, the court deems it unnecessary.
16 When the court has been furnished with any such report or record, it
17 shall furnish a copy thereof to counsel for the defendant or, if the
18 defendant is not represented by counsel, to the defendant.
19 § 21. The section heading and subdivisions 1 and 2 of section 530.30
20 of the criminal procedure law, as amended by section 17 of part JJJ of
21 chapter 59 of the laws of 2019, the closing paragraph of subdivision 1
22 as amended by section 7 of subpart A of part VV of chapter 56 of the
23 laws of 2023, are amended to read as follows:
24 Order of recognizance[, release under non-monetary conditions] or
25 bail; by superior court judge when action is pending in local criminal
26 court.
27 1. When a criminal action is pending in a local criminal court, other
28 than one consisting of a superior court judge sitting as such, a judge
29 of a superior court holding a term thereof in the county, upon applica-
30 tion of a defendant, may order recognizance[, release under non-monetary
31 conditions] or[, where authorized,] bail when such local criminal court:
32 (a) Lacks authority to issue such an order, pursuant to the relevant
33 provisions of section 530.20 of this article; or
34 (b) Has denied an application for recognizance[, release under non-
35 monetary conditions] or bail; or
36 (c) Has fixed bail[, where authorized,] which is excessive[; or
37 (d) Has set a securing order of release under non-monetary conditions
38 which are more restrictive than necessary to reasonably assure the
39 defendant's return to court].
40 In such case, such superior court judge may vacate the order of such
41 local criminal court and release the defendant on recognizance [or under
42 non-monetary conditions,] or [where authorized,] fix bail in a lesser
43 amount or in a less burdensome form[, or order non-monetary conditions
44 in conjunction with fixing bail, including fixing bail in a lesser
45 amount or in a less burdensome form, the determination for which shall
46 be made in accordance with section 510.10 of this title. The court shall
47 explain the basis for its determination and choice of securing order on
48 the record or in writing].
49 2. Notwithstanding the provisions of subdivision one of this section,
50 when the defendant is charged with a felony in a local criminal court, a
51 superior court judge may not order recognizance, [release under non-mon-
52 etary conditions] or[, where authorized,] bail unless and until the
53 district attorney has had an opportunity to be heard in the matter and
54 such judge [and counsel for the defendant have] has been furnished with
55 a report as described in subparagraph (ii) of paragraph (b) of subdivi-
56 sion two of section 530.20 of this article.
S. 4461 15
1 § 22. Section 530.40 of the criminal procedure law is REPEALED and a
2 new section 530.40 is added to read as follows:
3 § 530.40 Order of recognizance or bail; by superior court when action is
4 pending therein.
5 When a criminal action is pending in a superior court, such court,
6 upon application of a defendant, must or may order recognizance or bail
7 as follows:
8 1. When the defendant is charged with an offense or offenses of less
9 than felony grade only, the court must order recognizance or bail.
10 2. When the defendant is charged with a felony, the court may, in its
11 discretion, order recognizance or bail. In any such case in which an
12 indictment (a) has resulted from an order of a local criminal court
13 holding the defendant for the action of the grand jury, or (b) was filed
14 at a time when a felony complaint charging the same conduct was pending
15 in a local criminal court, and in which such local criminal court or a
16 superior court judge has issued an order of recognizance or bail which
17 is still effective, the superior court's order may be in the form of a
18 direction continuing the effectiveness of the previous order.
19 3. Notwithstanding the provisions of subdivision two of this section,
20 a superior court may not order recognizance or bail, or permit a defend-
21 ant to remain at liberty pursuant to an existing order, after the
22 defendant has been convicted of either: (a) a class A felony or (b) any
23 class B or class C felony as defined in article one hundred thirty of
24 the penal law committed or attempted to be committed by a person eigh-
25 teen years of age or older against a person less than eighteen years of
26 age. In either case the court must commit or remand the defendant to the
27 custody of the sheriff.
28 4. Notwithstanding the provisions of subdivision two of this section,
29 a superior court may not order recognizance or bail when the defendant
30 is charged with a felony unless and until the district attorney has had
31 an opportunity to be heard in the matter and such court has been
32 furnished with a report as described in subparagraph (ii) of paragraph
33 (b) of subdivision two of section 530.20 of this article.
34 § 23. Subdivision 1 of section 530.45 of the criminal procedure law,
35 as amended by section 9 of subpart A of part VV of chapter 56 of the
36 laws of 2023, is amended to read as follows:
37 1. When the defendant is at liberty in the course of a criminal action
38 as a result of a prior securing order and the court revokes such order
39 and then[, where authorized,] either fixes no bail, fixes bail in a
40 greater amount or in a more burdensome form than was previously fixed,
41 or, in conjunction with the imposition of non-monetary conditions, fixes
42 bail in a greater amount or in a more burdensome form than was previous-
43 ly fixed and remands or commits defendant to the custody of the sheriff,
44 [or issues a more restrictive securing order,] a judge designated in
45 subdivision two of this section, upon application of the defendant
46 following conviction of an offense other than a class A felony or a
47 class B or class C felony offense as defined in article one hundred
48 thirty of the penal law committed or attempted to be committed by a
49 person eighteen years of age or older against a person less than eigh-
50 teen years of age, and before sentencing, may issue a securing order and
51 either release the defendant on the defendant's own recognizance,
52 [release the defendant under non-monetary conditions,] or, [where
53 authorized,] fix bail[, which may be in conjunction with the imposition
54 of non-monetary conditions, fix bail] in a lesser amount or in a less
55 burdensome form[, which may be in conjunction with the imposition of
S. 4461 16
1 non-monetary conditions, or issue a less restrictive securing order,]
2 than fixed by the court in which the conviction was entered.
3 § 24. Subdivision 2-a of section 530.45 of the criminal procedure law
4 is REPEALED.
5 § 25. Section 530.50 of the criminal procedure law, as amended by
6 chapter 264 of the laws of 2003, subdivision 1 as designated by section
7 10 of part UU of chapter 56 of the laws of 2020, and subdivisions 2 and
8 3 as amended by section 10 of subpart A of part VV of chapter 56 of the
9 laws of 2023, is amended to read as follows:
10 § 530.50 Order of recognizance or bail; during pendency of appeal.
11 1. A judge who is otherwise authorized pursuant to section 460.50 or
12 section 460.60 of this chapter to issue an order of recognizance or bail
13 pending the determination of an appeal, may do so unless the defendant
14 received a class A felony sentence or a sentence for any class B or
15 class C felony offense defined in article one hundred thirty of the
16 penal law committed or attempted to be committed by a person eighteen
17 years of age or older against a person less than eighteen years of age.
18 2. [Notwithstanding the provisions of subdivision four of section
19 510.10, paragraph (b) of subdivision one of section 530.20 and subdivi-
20 sion four of section 530.40 of this title, when a defendant charged with
21 an offense that is not such a qualifying offense applies, pending deter-
22 mination of an appeal, for an order of recognizance or release on non-
23 monetary conditions, where authorized, fixing bail, or ordering non-mon-
24 etary conditions in conjunction with fixing bail, a judge identified in
25 subdivision two of section 460.50 or paragraph (a) of subdivision one of
26 section 460.60 of this chapter may, in accordance with law, and except
27 as otherwise provided by law, issue a securing order: releasing the
28 defendant on the defendant's own recognizance or under non-monetary
29 conditions where authorized, fixing bail, or ordering non-monetary
30 conditions in conjunction with fixing bail, or remanding the defendant
31 to the custody of the sheriff where authorized.
32 3.] Where an appeal by the people has been taken from an order
33 dismissing one or more counts of an accusatory instrument for failure to
34 comply with a discovery order pursuant to subdivision twelve of section
35 450.20 of this chapter and the defendant is charged with a qualifying
36 offense in the remaining counts in the accusatory instrument, pending
37 determination of an appeal, the defendant may apply for an order of
38 recognizance or [release on non-monetary conditions, where authorized,]
39 fixing bail, or ordering non-monetary conditions in conjunction with
40 fixing bail. A judge identified in subdivision two of section 460.50 of
41 this chapter or paragraph (a) of subdivision one of section 460.60 of
42 this chapter may, in accordance with law, and except as otherwise
43 provided by law, issue a securing order releasing the defendant on the
44 defendant's own recognizance [or under non-monetary conditions where
45 authorized], fixing bail, [or ordering non-monetary conditions in
46 conjunction with fixing bail,] or remanding the defendant to the custody
47 of the sheriff where authorized.
48 § 26. Section 530.60 of the criminal procedure law, as amended by
49 section 20 of part JJJ of chapter 59 of the laws of 2019, the opening
50 paragraph of paragraph (b), the closing paragraph of subparagraph (i) of
51 paragraph (d), subparagraph (ii) of paragraph (d) of subdivision 2 as
52 amended and subparagraph (iii) of paragraph (d) of subdivision 2 as
53 added by section 11 of subpart A of part VV of chapter 56 of the laws of
54 2023, is amended to read as follows:
55 § 530.60 [Certain modifications of a securing order] Order of recogni-
56 zance or bail; revocation thereof.
S. 4461 17
1 1. Whenever in the course of a criminal action or proceeding a defend-
2 ant is at liberty as a result of an order of recognizance[, release
3 under non-monetary conditions] or bail issued pursuant to this chapter,
4 and the court considers it necessary to review such order, [whether due
5 to a motion by the people or otherwise,] the court may, and [except as
6 provided in subdivision two of section 510.50 of this title concerning a
7 failure to appear in court,] by a bench warrant if necessary, require
8 the defendant to appear before the court. Upon such appearance, the
9 court, for good cause shown, may revoke the order of recognizance[,
10 release under non-monetary conditions,] or bail. If the defendant is
11 entitled to recognizance[, release under non-monetary conditions,] or
12 bail as a matter of right, the court must issue another such order. If
13 the defendant is not, the court may either issue such an order or commit
14 the defendant to the custody of the sheriff in accordance with this
15 section.
16 Where the defendant is committed to the custody of the sheriff and is
17 held on a felony complaint, a new period as provided in section 180.80
18 of this chapter shall commence to run from the time of the defendant's
19 commitment under this subdivision.
20 2. (a) Whenever in the course of a criminal action or proceeding a
21 defendant charged with the commission of a felony is at liberty as a
22 result of an order of recognizance, [release under non-monetary condi-
23 tions] or bail issued pursuant to this article it shall be grounds for
24 revoking such order that the court finds reasonable cause to believe the
25 defendant committed one or more specified class A or violent felony
26 offenses or intimidated a victim or witness in violation of section
27 215.15, 215.16 or 215.17 of the penal law while at liberty.
28 (b) [Except as provided in paragraph (a) of this subdivision or any
29 other law, whenever in the course of a criminal action or proceeding a
30 defendant charged with the commission of an offense is at liberty as a
31 result of a securing order issued pursuant to this article it shall be
32 grounds for revoking such order and imposing a new securing order in
33 accordance with paragraph (d) of this subdivision, the basis for which
34 shall be made on the record or in writing, in such criminal action or
35 proceeding when the court has found, by clear and convincing evidence,
36 that the defendant:
37 (i) persistently and willfully failed to appear after notice of sched-
38 uled appearances in the case before the court; or
39 (ii) violated an order of protection in the manner prohibited by
40 subdivision (b), (c) or (d) of section 215.51 of the penal law while at
41 liberty; or
42 (iii) stands charged in such criminal action or proceeding with a
43 misdemeanor or violation and, after being so charged, intimidated a
44 victim or witness in violation of section 215.15, 215.16 or 215.17 of
45 the penal law or tampered with a witness in violation of section 215.11,
46 215.12 or 215.13 of the penal law, law while at liberty; or
47 (iv) stands charged in such action or proceeding with a felony and,
48 after being so charged, committed a felony while at liberty.
49 (c)] Before revoking an order of recognizance[, release under non-mon-
50 etary conditions], or bail pursuant to this subdivision, the court must
51 hold a hearing and shall receive any relevant, admissible evidence not
52 legally privileged. The defendant may cross-examine witnesses and may
53 present relevant, admissible evidence on [his] the defendant's own
54 behalf. Such hearing may be consolidated with, and conducted at the same
55 time as, a felony hearing conducted pursuant to article one hundred
56 eighty of this chapter. A transcript of testimony taken before the grand
S. 4461 18
1 jury upon presentation of the subsequent offense shall be admissible as
2 evidence during the hearing. The district attorney may move to introduce
3 grand jury testimony of a witness in lieu of that witness' appearance at
4 the hearing.
5 [(d)] (c) Revocation of an order of recognizance[, release under non-
6 monetary conditions] or bail and a new securing order fixing bail or
7 commitment, as specified in this paragraph [and pursuant to this subdi-
8 vision] shall be for the following periods, either:
9 (i) [Under paragraph (a) of this subdivision, revocation of the order
10 of recognizance, release under non-monetary conditions or, as the case
11 may be, bail, and a new securing order fixing bail or committing the
12 defendant to the custody of the sheriff shall be as follows:
13 (A)] For a period not to exceed ninety days exclusive of any periods
14 of adjournment requested by the defendant; or
15 [(B)] (ii) Until the charges contained within the accusatory instru-
16 ment have been reduced or dismissed such that no count remains which
17 charges the defendant with commission of a felony; or
18 [(C)] (iii) Until reduction or dismissal of the charges contained
19 within the accusatory instrument charging the subsequent offense such
20 that no count remains which charges the defendant with commission of a
21 class A or violent felony offense.
22 Upon expiration of any of the three periods specified within this
23 [subparagraph] paragraph, whichever is shortest, the court may grant or
24 deny release upon an order of bail or recognizance in accordance with
25 the provisions of this article. Upon conviction to an offense the
26 provisions of this article [five hundred thirty of this chapter] shall
27 apply;
28 [(ii) Under subparagraph (i) of paragraph (b) of this subdivision,
29 revocation of a previously issued securing order shall result in the
30 issuance of a new securing order which may, if otherwise authorized by
31 law, permit the principal's release on recognizance or release under
32 non-monetary conditions, but shall also render the defendant eligible
33 for an order fixing bail, or ordering non-monetary conditions in
34 conjunction with fixing bail, provided, however, that in accordance with
35 the principles in this title the court must impose a new securing order
36 in accordance with subdivision one of section 510.10 of this title, and
37 in imposing such order, may consider the circumstances warranting such
38 revocation. Nothing in this subparagraph shall be interpreted as short-
39 ening the period of detention, or requiring or authorizing any less
40 restrictive form of a securing order, which may be imposed pursuant to
41 any other law; and
42 (iii) Under subparagraphs (ii), (iii), and (iv) of paragraph (b) of
43 this subdivision, revocation of a previously issued securing order shall
44 result in the issuance of a new securing order which may, if otherwise
45 authorized by law, permit the principal's release on recognizance or
46 release under non-monetary conditions, but shall also render the defend-
47 ant eligible for an order fixing bail or ordering non-monetary condi-
48 tions in conjunction with fixing bail. In issuing the new securing
49 order, the court shall consider the kind and degree of control or
50 restriction necessary to reasonably assure the principal's return to
51 court and compliance with court conditions, and select a securing order
52 consistent with its determination, taking into account the factors
53 required to be considered under subdivision one of section 510.10 of
54 this title, the circumstances warranting such revocation, and the nature
55 and extent of the principal's noncompliance with previously ordered
56 non-monetary conditions of the securing order subject to revocation
S. 4461 19
1 under this subdivision. Nothing in this subparagraph shall be interpret-
2 ed as shortening the period of detention, or requiring or authorizing
3 any less restrictive form of a securing order, which may be imposed
4 pursuant to any other law.]
5 § 27. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
6 procedure law, as amended by chapter 435 of the laws of 2021, is amended
7 to read as follows:
8 (a) If at any time during the defendant's participation in the judi-
9 cial diversion program, the court has reasonable grounds to believe that
10 the defendant has violated a release condition [in an important respect]
11 or has [willfully] failed to appear before the court as requested, the
12 court [except as provided in subdivision two of section 510.50 of this
13 chapter regarding a failure to appear,] shall direct the defendant to
14 appear or issue a bench warrant to a police officer or an appropriate
15 peace officer directing [him or her] such officer to take the defendant
16 into custody and bring the defendant before the court without unneces-
17 sary delay; provided, however, that under no circumstances shall a
18 defendant who requires treatment for opioid use be deemed to have
19 violated a release condition on the basis of [his or her] the defend-
20 ant's participation in medically prescribed drug treatments under the
21 care of a health care professional licensed or certified under title
22 eight of the education law, acting within [his or her] such health care
23 professional's lawful scope of practice. The [relevant] provisions of
24 subdivision one of section 530.60 of this chapter relating to [issuance
25 of securing orders] revocation of recognizance or bail shall apply to
26 such proceedings under this subdivision.
27 § 28. Section 410.60 of the criminal procedure law, as amended by
28 section 23 of part JJJ of chapter 59 of the laws of 2019, is amended to
29 read as follows:
30 § 410.60 Appearance before court.
31 A person who has been taken into custody pursuant to section 410.40 or
32 [section] 410.50 of this article for violation of a condition of a
33 sentence of probation or a sentence of conditional discharge must forth-
34 with be brought before the court that imposed the sentence. Where a
35 violation of probation petition and report has been filed and the person
36 has not been taken into custody nor has a warrant been issued, an
37 initial court appearance shall occur within ten business days of the
38 court's issuance of a notice to appear. If the court has reasonable
39 cause to believe that such person has violated a condition of the
40 sentence, it may commit such person to the custody of the sheriff[,] or
41 fix bail[, release such person under non-monetary conditions] or release
42 such person on such person's own recognizance for future appearance at a
43 hearing to be held in accordance with section 410.70 of this article. If
44 the court does not have reasonable cause to believe that such person has
45 violated a condition of the sentence, it must direct that such person be
46 released.
47 § 29. Subdivision 3 of section 620.50 of the criminal procedure law,
48 as amended by section 24 of part JJJ of chapter 59 of the laws of 2019,
49 is amended to read as follows:
50 3. A material witness order must be executed as follows:
51 (a) If the bail is posted and approved by the court, the witness must,
52 as provided in subdivision [two] three of section 510.40 of this part,
53 be released and be permitted to remain at liberty; provided that, where
54 the bail is posted by a person other than the witness [himself], [he]
55 the witness may not be so released except upon [his] the witness's
56 signed written consent thereto;
S. 4461 20
1 (b) If the bail is not posted, or if though posted it is not approved
2 by the court, the witness must, as provided in subdivision [two] three
3 of section 510.40 of this part, be committed to the custody of the sher-
4 iff.
5 § 30. Article 245 of the criminal procedure law is REPEALED.
6 § 31. The criminal procedure law is amended by adding a new article
7 240 to read as follows:
8 ARTICLE 240
9 DISCOVERY
10 Section 240.10 Definition of terms.
11 240.20 Upon demand of defendant.
12 240.30 Upon demand of prosecutor.
13 240.35 Refusal of demand.
14 240.40 Upon court order.
15 240.43 Disclosure of prior uncharged criminal, vicious or immor-
16 al acts.
17 240.44 Upon pre-trial hearing.
18 240.45 Upon trial, of prior statements and criminal history of
19 witnesses.
20 240.50 Protective orders.
21 240.60 Continuing duty to disclose.
22 240.70 Sanctions; fees.
23 240.75 Certain violations.
24 240.80 When demand, refusal and compliance made.
25 240.90 Motion procedure.
26 § 240.10 Definition of terms. The following definitions are applicable
27 to this article:
28 1. "Demand to produce" means a written notice served by and on a
29 party to a criminal action, without leave of the court, demanding to
30 inspect property pursuant to this article and giving reasonable notice
31 of the time at which the demanding party wishes to inspect the property
32 designated.
33 2. "Attorneys' work product" means property to the extent that it
34 contains the opinions, theories or conclusions of the prosecutor,
35 defense counsel or members of their legal staffs.
36 3. "Property" means any existing tangible personal or real property,
37 including, but not limited to, books, records, reports, memoranda,
38 papers, photographs, tapes or other electronic recordings, articles of
39 clothing, fingerprints, blood samples, fingernail scrapings or
40 handwriting specimens, but excluding attorneys' work product.
41 4. "At the trial" means as part of the people's or the defendant's
42 direct case.
43 § 240.20 Upon demand of defendant.
44 1. Except to the extent protected by court order, upon a demand to
45 produce by a defendant against whom an indictment, superior court
46 information, prosecutor's information, information, or simplified infor-
47 mation charging a misdemeanor is pending, the prosecutor shall disclose
48 to the defendant and make available for inspection, photographing,
49 copying or testing, the following property:
50 (a) Any written, recorded or oral statement of the defendant, and of
51 a co-defendant to be tried jointly, made, other than in the course of
52 the criminal transaction, to a public servant engaged in law enforcement
53 activity or to a person then acting under the public servant's direction
54 or in cooperation with the public servant;
S. 4461 21
1 (b) Any transcript of testimony relating to the criminal action or
2 proceeding pending against the defendant, given by the defendant, or by
3 a co-defendant to be tried jointly, before any grand jury;
4 (c) Any written report or document, or portion thereof, concerning a
5 physical or mental examination, or scientific test or experiment,
6 relating to the criminal action or proceeding which was made by, or at
7 the request or direction of a public servant engaged in law enforcement
8 activity, or which was made by a person whom the prosecutor intends to
9 call as a witness at trial, or which the people intend to introduce at
10 trial;
11 (d) Any photograph or drawing relating to the criminal action or
12 proceeding which was made or completed by a public servant engaged in
13 law enforcement activity, or which was made by a person whom the
14 prosecutor intends to call as a witness at trial, or which the people
15 intend to introduce at trial;
16 (e) Any photograph, photocopy or other reproduction made by or at the
17 direction of a police officer, peace officer or prosecutor of any
18 property prior to its release pursuant to the provisions of section
19 450.10 of the penal law, irrespective of whether the people intend to
20 introduce at trial the property or the photograph, photocopy or other
21 reproduction;
22 (f) Any other property obtained from the defendant, or a co-defendant
23 to be tried jointly;
24 (g) Any tapes or other electronic recordings which the prosecutor
25 intends to introduce at trial, irrespective of whether such recording
26 was made during the course of the criminal transaction;
27 (h) Anything required to be disclosed, prior to trial, to the
28 defendant by the prosecutor, pursuant to the constitution of this state
29 or of the United States;
30 (i) The approximate date, time and place of the offense charged and of
31 defendant's arrest;
32 (j) In any prosecution under section 156.05 or 156.10 of the penal
33 law, the time, place and manner of notice given pursuant to subdivi-
34 sion six of section 156.00 of such law; and
35 (k) In any prosecution commenced in a manner set forth in this
36 subdivision alleging a violation of the vehicle and traffic law, in
37 addition to any material required to be disclosed pursuant to this
38 article, any other provision of law, or the constitution of this state
39 or of the United States, any written report or document, or portion
40 thereof, concerning a physical examination, a scientific test or
41 experiment, including the most recent record of inspection, or
42 calibration or repair of machines or instruments utilized to perform
43 such scientific tests or experiments and the certification certificate,
44 if any, held by the operator of the machine or instrument, which tests
45 or examinations were made by or at the request or direction of a public
46 servant engaged in law enforcement activity or which was made by a
47 person whom the prosecutor intends to call as a witness at trial, or
48 which the people intend to introduce at trial.
49 2. The prosecutor shall make a diligent, good faith effort to
50 ascertain the existence of demanded property and to cause such property
51 to be made available for discovery where it exists but is not within the
52 prosecutor's possession, custody or control; provided, that the
53 prosecutor shall not be required to obtain by subpoena duces tecum
54 demanded material which the defendant may thereby obtain.
55 § 240.30 Upon demand of prosecutor.
S. 4461 22
1 1. Except to the extent protected by court order, upon a demand to
2 produce by the prosecutor, a defendant against whom an indictment,
3 superior court information, prosecutor's information, information, or
4 simplified information charging a misdemeanor is pending shall disclose
5 and make available for inspection, photographing, copying or testing,
6 subject to constitutional limitations:
7 (a) any written report or document, or portion thereof, concerning a
8 physical or mental examination, or scientific test, experiment, or
9 comparisons, made by or at the request or direction of, the defendant,
10 if the defendant intends to introduce such report or document at trial,
11 or if the defendant has filed a notice of intent to proffer psychiatric
12 evidence and such report or document relates thereto, or if such report
13 or document was made by a person, other than defendant, whom defendant
14 intends to call as a witness at trial; and
15 (b) any photograph, drawing, tape or other electronic recording which
16 the defendant intends to introduce at trial.
17 2. The defense shall make a diligent good faith effort to make such
18 property available for discovery where it exists but the property is not
19 within its possession, custody or control, provided, that the defendant
20 shall not be required to obtain by subpoena duces tecum demanded
21 material that the prosecutor may thereby obtain.
22 § 240.35 Refusal of demand.
23 Notwithstanding the provisions of sections 240.20 and 240.30 of this
24 article, the prosecutor or the defendant, as the case may be, may refuse
25 to disclose any information which is reasonably believed not discovera-
26 ble by a demand to produce, pursuant to section 240.20 or 240.30 of this
27 article as the case may be, or for which such person reasonably believes
28 a protective order would be warranted. Such refusal shall be made in a
29 writing, which shall set forth the grounds of such belief as fully as
30 possible, consistent with the objective of the refusal. The writing
31 shall be served upon the demanding party and a copy shall be filed with
32 the court.
33 § 240.40 Upon court order.
34 Notwithstanding the provisions of sections 240.20 and 240.30 of
35 this article, the prosecutor or the defendant, as the case may be, may
36 refuse to disclose any information which is reasonably believed not
37 discoverable by a demand to produce, pursuant to section 240.20 or
38 240.30 of this article as the case may be, or for which such person
39 reasonably believes a protective order would be warranted. Such refusal
40 shall be made in a writing, which shall set forth the grounds of such
41 belief as fully as possible, consistent with the objective of the
42 refusal. The writing shall be served upon the demanding party and a
43 copy shall be filed with the court.
44 § 240.43 Disclosure of prior uncharged criminal, vicious or immoral
45 acts.
46 1. Upon motion of a defendant against whom an indictment, superior
47 court information, prosecutor's information, information, or simplified
48 information charging a misdemeanor is pending, the court in which such
49 accusatory instrument is pending: (a) must order discovery as to any
50 material not disclosed upon a demand pursuant to section 240.20
51 of this article, if it finds that the prosecutor's refusal to disclose
52 such material is not justified; (b) must, unless it is satisfied that
53 the people have shown good cause why such an order should not be
54 issued, order discovery or any other order authorized by subdivision
55 one of section 240.70 of this article as to any material not disclosed
56 upon demand pursuant to section 240.20 of this article where the prose-
S. 4461 23
1 cutor has failed to serve a timely written refusal pursuant to
2 section 240.35 of this article; (c) may order discovery with respect to
3 any other property, which the people intend to introduce at the trial,
4 upon a showing by the defendant that discovery with respect to such
5 property is material to the preparation of the defense, and that the
6 request is reasonable; and (d) where property in the people's
7 possession, custody, or control that consists of a deoxyribonu-
8 cleic acid ("DNA") profile obtained from probative biological material
9 gathered in connection with the investigation or prosecution of the
10 defendant and the defendant establishes that such profile complies with
11 federal bureau of investigation or state requirements, whichever are
12 applicable and as such requirements are applied to law enforcement
13 agencies seeking a keyboard search or similar comparison, and that the
14 data meets state DNA index system or national DNA index system criteria
15 as such criteria are applied to law enforcement agencies seeking such a
16 keyboard search or similar comparison, the court may order an entity
17 that has access to the combined DNA index system or its successor system
18 to compare such DNA profile against DNA databanks by keyboard searches,
19 or a similar method that does not involve uploading, upon notice to both
20 parties and the entity required to perform the search, upon a showing by
21 the defendant that such a comparison is material to the presentation of
22 the defense and that the request is reasonable. For purposes of this
23 paragraph, a "keyboard search" shall mean a search of a DNA profile
24 against the databank in which the profile that is searched is not
25 uploaded to or maintained in the databank. Upon granting the motion
26 pursuant to paragraph (c) of this subdivision, the court shall, upon
27 motion of the people showing such to be material to the preparation of
28 their case and that the request is reasonable, condition its order of
29 discovery by further directing discovery by the people of property, of
30 the same kind or character as that authorized to be inspected by the
31 defendant, which is intended to be introduced at the trial.
32 2. Upon motion of the prosecutor, and subject to constitutional
33 limitation, the court in which an indictment, superior court informa-
34 tion, prosecutor's information, information, or simplified information
35 charging a misdemeanor is pending: (a) must order discovery as to any
36 property not disclosed upon a demand pursuant to section 240.30 of
37 this article, if it finds that the defendant's refusal to disclose
38 such material is not justified; and (b) may order the defendant to
39 provide non-testimonial evidence. Such order may, among other things,
40 require the defendant to:
41 (i) Appear in a line-up;
42 (ii) Speak for identification by witness or potential witness;
43 (iii) Be fingerprinted;
44 (iv) Pose for photographs not involving reenactment of an event;
45 (v) Permit the taking of samples of blood, hair or other materials
46 from the defendant's body in a manner not involving an unreasonable
47 intrusion thereof or a risk of serious physical injury thereto;
48 (vi) Provide specimens of the defendant's handwriting;
49 (vii) Submit to a reasonable physical or medical inspection of the
50 defendant's body.
51 This subdivision shall not be construed to limit, expand, or otherwise
52 affect the issuance of a similar court order, as may be authorized by
53 law, before the filing of an accusatory instrument consistent with such
54 rights as the defendant may derive from the constitution of this state
55 or of the United States. This section shall not be construed to limit or
56 otherwise affect the administration of a chemical test where other-
S. 4461 24
1 wise authorized pursuant to section one thousand one hundred ninety-
2 four-a of the vehicle and traffic law.
3 3. An order pursuant to this section may be denied, limited or
4 conditioned as provided in section 240.50 of this article.
5 § 240.44 Upon pre-trial hearing.
6 Subject to a protective order, at a pre-trial hearing held in a
7 criminal court at which a witness is called to testify, each party,
8 prior to the commencement of the direct examination of each of its
9 witnesses, shall, upon request of the other party, make available to
10 that party to the extent not previously disclosed:
11 1. Any written or recorded statement, including any testimony before a
12 grand jury, made by such witness other than the defendant which relates
13 to the subject matter of the witness's testimony.
14 2. A record of a judgment of conviction of such witness other than the
15 defendant if the record of conviction is known by the prosecutor or
16 defendant, as the case may be, to exist.
17 3. The existence of any pending criminal action against such witness
18 other than the defendant if the pending criminal action is known by the
19 prosecutor or defendant, as the case may be, to exist.
20 § 240.45 Upon trial, of prior statements and criminal history of
21 witnesses.
22 1. After the jury has been sworn and before the prosecutor's opening
23 address, or in the case of a single judge trial after commencement and
24 before submission of evidence, the prosecutor shall, subject to a
25 protective order, make available to the defendant:
26 (a) Any written or recorded statement, including any testimony before
27 a grand jury and an examination videotaped pursuant to section 190.32 of
28 this part, made by a person whom the prosecutor intends to call as a
29 witness at trial, and which relates to the subject matter of the
30 witness's testimony;
31 (b) A record of judgment of conviction of a witness the people intend
32 to call at trial if the record of conviction is known by the prosecutor
33 to exist;
34 (c) The existence of any pending criminal action against a witness
35 the people intend to call at trial, if the pending criminal action is
36 known by the prosecutor to exist.
37 The provisions of paragraphs (b) and (c) of this subdivision shall not
38 be construed to require the prosecutor to fingerprint a witness or
39 otherwise cause the division of criminal justice services or other law
40 enforcement agency or court to issue a report concerning a witness.
41 2. After presentation of the people's direct case and before the
42 presentation of the defendant's direct case, the defendant shall,
43 subject to a protective order, make available to the prosecutor:
44 (a) any written or recorded statement made by a person other than the
45 defendant whom the defendant intends to call as a witness at the trial,
46 and which relates to the subject matter of the witness's testimony;
47 (b) a record of judgment of conviction of a witness, other than the
48 defendant, the defendant intends to call at trial if the record of
49 conviction is known by the defendant to exist;
50 (c) the existence of any pending criminal action against a witness,
51 other than the defendant, the defendant intends to call at trial, if the
52 pending criminal action is known by the defendant to exist.
53 § 240.50 Protective orders.
54 1. The court in which the criminal action is pending may, upon motion
55 of either party, or of any affected person, or upon determination of a
56 motion of either party for an order of discovery, or upon its own
S. 4461 25
1 initiative, issue a protective order denying, limiting, conditioning,
2 delaying or regulating discovery pursuant to this article for good
3 cause, including constitutional limitations, danger to the integrity of
4 physical evidence or a substantial risk of physical harm, intimidation,
5 economic reprisal, bribery or unjustified annoyance or embarrassment to
6 any person or an adverse effect upon the legitimate needs of law
7 enforcement, including the protection of the confidentiality of
8 informants, or any other factor or set of factors which outweighs the
9 usefulness of the discovery.
10 2. An order limiting, conditioning, delaying or regulating discovery
11 may, among other things, require that any material copied or derived
12 therefrom be maintained in the exclusive possession of the attorney for
13 the discovering party and be used for the exclusive purpose of preparing
14 for the defense or prosecution of the criminal action.
15 3. A motion for a protective order shall suspend discovery of the
16 particular matter in dispute.
17 4. Notwithstanding any other provision of this article, the personal
18 residence address of a police officer or correction officer shall not be
19 required to be disclosed except pursuant to an order issued by a court
20 following a finding of good cause.
21 § 240.60 Continuing duty to disclose.
22 If, after complying with the provisions of this article or an order
23 pursuant thereto, a party finds, either before or during trial, addi-
24 tional material subject to discovery or covered by such order, the
25 party shall promptly comply with the demand or order, refuse to comply
26 with the demand where refusal is authorized, or apply for a protective
27 order.
28 § 240.70 Sanctions; fees.
29 1. If, during the course of discovery proceedings, the court finds
30 that a party has failed to comply with any of the provisions of this
31 article, the court may order such party to permit discovery of the prop-
32 erty not previously disclosed, grant a continuance, issue a protective
33 order, prohibit the introduction of certain evidence or the calling of
34 certain witnesses or take any other appropriate action.
35 2. The failure of the prosecution to call as a witness a person speci-
36 fied in subdivision one of section 240.20 of this article or of any
37 party to introduce disclosed material at the trial shall not, by itself,
38 constitute grounds for any sanction or for adverse comment thereupon by
39 any party in summation to the jury or at any other point.
40 3. A fee for copies of records required to be disclosed may be
41 charged. Such fee shall not exceed twenty-five cents per photocopy not
42 in excess of nine inches by fourteen inches, or the actual cost of
43 reproducing any other record, except when a different fee is otherwise
44 prescribed by law.
45 § 240.75 Certain violations.
46 The failure of the prosecutor or any agent of the prosecutor to
47 disclose statements that are required to be disclosed under subdivision
48 one of section 240.44 of this article or paragraph (a) of subdivision
49 one of section 240.45 of this article shall not constitute grounds for
50 any court to order a new pre-trial hearing or set aside a
51 conviction, or reverse, modify or vacate a judgment of conviction in the
52 absence of a showing by the defendant that there is a reasonable
53 possibility that the non-disclosure materially contributed to the
54 result of the trial or other proceeding; provided, however, that nothing
55 in this section shall affect or limit any right the defendant
S. 4461 26
1 may have to a re-opened pre-trial hearing when such statements were
2 disclosed before the close of evidence at trial.
3 § 240.80 When demand, refusal and compliance made.
4 1. A demand to produce shall be made within thirty days after
5 arraignment and before the commencement of trial. If the defendant is
6 not represented by counsel, and has requested an adjournment to obtain
7 counsel or to have counsel assigned, the thirty-day period shall
8 commence,for purposes of a demand by the defendant, on the date counsel
9 initially appears on the defendant's behalf. However, the court may
10 direct compliance with a demand to produce that, for good cause shown,
11 could not have been made within the time specified.
12 2. A refusal to comply with a demand to produce shall be made within
13 fifteen days of the service of the demand to produce, but for good cause
14 may be made thereafter.
15 3. Absent a refusal to comply with a demand to produce, compliance
16 with such demand shall be made within fifteen days of the service of the
17 demand or as soon thereafter as practicable.
18 § 240.90 Motion procedure.
19 1. A motion by a prosecutor for discovery shall be made within
20 forty-five days after arraignment, but for good cause shown may be made
21 at any time before commencement of trial.
22 2. A motion by a defendant for discovery shall be made as prescribed
23 in section 255.20 of this title.
24 3. Where the interests of justice so require, the court may permit a
25 party to a motion for an order of discovery or a protective order, or
26 other affected person, to submit papers or to testify ex parte or in
27 camera. Any such papers and transcript of such testimony shall be
28 sealed, but shall constitute a part of the record on appeal.
29 § 32. Subdivision 9 of section 65.20 of the criminal procedure law, as
30 amended by section 4 of part LLL of chapter 59 of the laws of 2019, is
31 amended to read as follows:
32 9. (a) Prior to the commencement of the hearing conducted pursuant to
33 subdivision six of this section, the district attorney shall, subject to
34 a protective order, comply with the provisions of subdivision one of
35 section [245.20] 240.45 of this chapter as they concern any witness whom
36 the district attorney intends to call at the hearing and the child
37 witness.
38 (b) Before a defendant calls a witness at such hearing, [he or she]
39 the defendant must, subject to a protective order, comply with the
40 provisions of subdivision [four] two of section [245.20] 240.45 of this
41 chapter as they concern all the witnesses the defendant intends to call
42 at such hearing.
43 § 33. Subdivision 5 of section 200.95 of the criminal procedure law,
44 as amended by section 5 of part LLL of chapter 59 of the laws of 2019,
45 is amended to read as follows:
46 5. Court ordered bill of particulars. Where a prosecutor has timely
47 served a written refusal pursuant to subdivision four of this section
48 and upon motion, made in writing, of a defendant, who has made a request
49 for a bill of particulars and whose request has not been complied with
50 in whole or in part, the court must, to the extent a protective order is
51 not warranted, order the prosecutor to comply with the request if it is
52 satisfied that the items of factual information requested are authorized
53 to be included in a bill of particulars, and that such information is
54 necessary to enable the defendant adequately to prepare or conduct [his]
55 the defense and, if the request was untimely, a finding of good cause
56 for the delay. Where a prosecutor has not timely served a written
S. 4461 27
1 refusal pursuant to subdivision four of this section the court must,
2 unless it is satisfied that the people have shown good cause why such an
3 order should not be issued, issue an order requiring the prosecutor to
4 comply or providing for any other order authorized by [section 245.80 of
5 this part] subdivision one of section 240.70 of this part.
6 § 34. Paragraph (c) of subdivision 1 of section 255.10 of the criminal
7 procedure law, as amended by section 6 of part LLL of chapter 59 of the
8 laws of 2019, is amended to read as follows:
9 (c) granting discovery pursuant to article [245] two hundred forty; or
10 § 35. Subdivision 1 of section 255.20 of the criminal procedure law,
11 as amended by section 7 of part LLL of chapter 59 of the laws of 2019,
12 is amended to read as follows:
13 1. Except as otherwise expressly provided by law, whether the defend-
14 ant is represented by counsel or elects to proceed pro se, all pre-trial
15 motions shall be served or filed within forty-five days after arraign-
16 ment and before commencement of trial, or within such additional time as
17 the court may fix upon application of the defendant made prior to entry
18 of judgment. In an action in which [either (a) material or information
19 has been disclosed pursuant to paragraph (m) or (n) of subdivision one
20 of section 245.20 of this title, (b)] an eavesdropping warrant and
21 application have been furnished pursuant to section 700.70 of this chap-
22 ter, or [(c)] a notice of intention to introduce evidence has been
23 served pursuant to section 710.30 of this chapter, such period shall be
24 extended until forty-five days after the last date of such service. If
25 the defendant is not represented by counsel and has requested an
26 adjournment to obtain counsel or to have counsel assigned, such forty-
27 five day period shall commence on the date counsel initially appears on
28 defendant's behalf.
29 § 36. Section 340.30 of the criminal procedure law, as amended by
30 section 8 of part LLL of chapter 59 of the laws of 2019, is amended to
31 read as follows:
32 § 340.30 Pre-trial discovery and notices of defenses.
33 The provisions of article two hundred [forty-five] forty of this part,
34 concerning pre-trial discovery by a defendant under indictment in a
35 superior court, and article two hundred fifty of this part, concerning
36 pre-trial notice to the people by a defendant under indictment in a
37 superior court who intends to advance a trial defense of mental disease
38 or defect or of alibi, apply to a prosecution of an information in a
39 local criminal court.
40 § 37. Subdivision 14 of section 400.27 of the criminal procedure law,
41 as amended by section 9 of part LLL of chapter 59 of the laws of 2019,
42 is amended to read as follows:
43 14. (a) At a reasonable time prior to the sentencing proceeding or a
44 [mental retardation] competency hearing:
45 (i) the prosecutor shall, unless previously disclosed and subject to a
46 protective order, make available to the defendant the statements and
47 information specified in subdivision one of section [245.20] 240.45 of
48 this part and make available for inspection, photographing, copying or
49 testing the property specified in subdivision one of section [245.20]
50 240.20 of this part; and
51 (ii) the defendant shall, unless previously disclosed and subject to a
52 protective order, make available to the prosecution the statements and
53 information specified in subdivision [four] two of section [245.20]
54 240.20 of this part and make available for inspection, photographing,
55 copying or testing, subject to constitutional limitations, the reports,
S. 4461 28
1 documents and other property specified in [section 245.20] subdivision
2 one of section 240.30 of this part.
3 (b) Where a party refuses to make disclosure pursuant to this section,
4 the provisions of [section 245.70, 245.75 and/or 245.80] sections
5 240.35, 240.40 and 240.50 of this part shall apply.
6 (c) If, after complying with the provisions of this section or an
7 order pursuant thereto, a party finds either before or during a sentenc-
8 ing proceeding or [mental retardation] competency hearing, additional
9 material subject to discovery or covered by court order, the party shall
10 promptly make disclosure or apply for a protective order.
11 (d) If the court finds that a party has failed to comply with any of
12 the provisions of this section, the court may [employ] enter any of the
13 [remedies or sanctions] orders specified in subdivision one of section
14 [245.80] 240.70 of this part.
15 § 38. The opening paragraph of paragraph (b) of subdivision 1 of
16 section 440.30 of the criminal procedure law, as amended by section 10
17 of part LLL of chapter 59 of the laws of 2019, is amended to read as
18 follows:
19 In conjunction with the filing or consideration of a motion to vacate
20 a judgment pursuant to section 440.10 of this article by a defendant
21 convicted after a trial, in cases where the court has ordered an eviden-
22 tiary hearing upon such motion, the court may order that the people
23 produce or make available for inspection property, as defined in subdi-
24 vision three of section 240.10 of this part, in its possession, custody,
25 or control that was secured in connection with the investigation or
26 prosecution of the defendant upon credible allegations by the defendant
27 and a finding by the court that such property, if obtained, would be
28 probative to the determination of defendant's actual innocence, and that
29 the request is reasonable. The court shall deny or limit such a request
30 upon a finding that such a request, if granted, would threaten the
31 integrity or chain of custody of property or the integrity of the proc-
32 esses or functions of a laboratory conducting DNA testing, pose a risk
33 of harm, intimidation, embarrassment, reprisal, or other substantially
34 negative consequences to any person, undermine the proper functions of
35 law enforcement including the confidentiality of informants, or on the
36 basis of any other factor identified by the court in the interests of
37 justice or public safety. The court shall further ensure that any prop-
38 erty produced pursuant to this paragraph is subject to a protective
39 order, where appropriate. The court shall deny any request made pursuant
40 to this paragraph where:
41 § 39. Subdivision 3 of section 610.20 of the criminal procedure law,
42 as amended by section 3 of part LLL of chapter 59 of the laws of 2019,
43 is amended to read as follows:
44 3. An attorney for a defendant in a criminal action or proceeding, as
45 an officer of a criminal court, may issue a subpoena of such court,
46 subscribed by [himself] such attorney, for the attendance in such court
47 of any witness whom the defendant is entitled to call in such action or
48 proceeding. An attorney for a defendant may not issue a subpoena duces
49 tecum of the court directed to any department, bureau or agency of the
50 state or of a political subdivision thereof, or to any officer or repre-
51 sentative thereof[, unless the subpoena is indorsed by the court and
52 provides at least three days for the production of the requested materi-
53 als. In the case of an emergency, the court may by order dispense with
54 the three-day production period]. Such a subpoena duces tecum may be
55 issued in behalf of a defendant upon order of a court pursuant to the
S. 4461 29
1 rules applicable to civil cases as provided in section twenty-three
2 hundred seven of the civil practice law and rules.
3 § 40. Subdivision 4 of section 610.20 of the criminal procedure law is
4 REPEALED.
5 § 41. Subdivision 10 of section 450.10 of the penal law, as amended by
6 section 11 of part LLL of chapter 59 of the laws of 2019, is amended to
7 read as follows:
8 10. Where there has been a failure to comply with the provisions of
9 this section, and where the district attorney does not demonstrate to
10 the satisfaction of the court that such failure has not caused the
11 defendant prejudice, the court shall instruct the jury that it may
12 consider such failure in determining the weight to be given such
13 evidence and may also impose any other sanction set forth in subdivision
14 one of section [245.80] 240.70 of the criminal procedure law; provided,
15 however, that unless the defendant has convinced the court that such
16 failure has caused [him] the defendant undue prejudice, the court shall
17 not preclude the district attorney from introducing into evidence the
18 property, photographs, photocopies, or other reproductions of the prop-
19 erty or, where appropriate, testimony concerning its value and condi-
20 tion, where such evidence is otherwise properly authenticated and admis-
21 sible under the rules of evidence. Failure to comply with any one or
22 more of the provisions of this section shall not for that reason alone
23 be grounds for dismissal of the accusatory instrument.
24 § 42. Section 460.80 of the penal law, as amended by section 12 of
25 part LLL of chapter 59 of the laws of 2019, is amended to read as
26 follows:
27 § 460.80 Court ordered disclosure.
28 Notwithstanding the provisions of article two hundred [forty-five]
29 forty of the criminal procedure law, when forfeiture is sought pursuant
30 to section 460.30 of this article, the court may order discovery of any
31 property not otherwise disclosed which is material and reasonably neces-
32 sary for preparation by the defendant with respect to the forfeiture
33 proceeding pursuant to such section. The court may issue a protective
34 order denying, limiting, conditioning, delaying or regulating such
35 discovery where a danger to the integrity of physical evidence or a
36 substantial risk of physical harm, intimidation, economic reprisal,
37 bribery or unjustified annoyance or embarrassment to any person or an
38 adverse effect upon the legitimate needs of law enforcement, including
39 the protection of the confidentiality of informants, or any other factor
40 or set of factors outweighs the usefulness of the discovery.
41 § 43. Subdivision 5 of section 480.10 of the penal law, as amended by
42 section 13 of part LLL of chapter 59 of the laws of 2019, is amended to
43 read as follows:
44 5. In addition to information required to be disclosed pursuant to
45 article two hundred [forty-five] forty of the criminal procedure law,
46 when forfeiture is sought pursuant to this article, and following the
47 defendant's arraignment on the special forfeiture information, the court
48 shall order discovery of any information not otherwise disclosed which
49 is material and reasonably necessary for preparation by the defendant
50 with respect to a forfeiture proceeding brought pursuant to this arti-
51 cle. Such material shall include those portions of the grand jury
52 minutes and such other information which pertain solely to the special
53 forfeiture information and shall not include information which pertains
54 to the criminal charges. Upon application of the prosecutor, the court
55 may issue a protective order pursuant to section [245.70] 240.40 of the
S. 4461 30
1 criminal procedure law with respect to any information required to be
2 disclosed pursuant to this subdivision.
3 § 44. Subdivision 5 of section 216 of the judiciary law is REPEALED.
4 § 45. Section 837-u of the executive law is REPEALED.
5 § 46. This act shall take effect immediately; provided, however, that
6 the amendments to subdivision 9 of section 65.20 of the criminal proce-
7 dure law made by section thirty-two of this act shall not affect the
8 repeal of such section and shall be deemed repealed therewith.
