STATE OF NEW YORK
________________________________________________________________________
4765
2025-2026 Regular Sessions
IN SENATE
February 12, 2025
___________
Introduced by Sen. BAILEY -- 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 the timely
scheduling of criminal trials
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 30.30 of the criminal procedure law, as amended by
2 section 1 of part KKK of chapter 59 of the laws of 2019, is amended to
3 read as follows:
4 § 30.30 Speedy trial; time limitations.
5 1. Except as otherwise provided in subdivision three of this section,
6 a motion made pursuant to paragraph (e) of subdivision one of section
7 170.30 or paragraph (g) of subdivision one of section 210.20 of this
8 chapter must be granted where the people are not ready for trial within:
9 (a) six months of the commencement of a criminal action wherein a
10 defendant is accused of one or more offenses, at least one of which is a
11 felony;
12 (b) ninety days of the commencement of a criminal action wherein a
13 defendant is accused of one or more offenses, at least one of which is a
14 misdemeanor punishable by a sentence of imprisonment of more than three
15 months and none of which is a felony;
16 (c) sixty days of the commencement of a criminal action wherein the
17 defendant is accused of one or more offenses, at least one of which is a
18 misdemeanor punishable by a sentence of imprisonment of not more than
19 three months and none of which is a crime punishable by a sentence of
20 imprisonment of more than three months; or
21 (d) thirty days of the commencement of a criminal action wherein the
22 defendant is accused of one or more offenses, at least one of which is a
23 violation and none of which is a crime.
24 (e) for the purposes of this subdivision, the term offense shall
25 include vehicle and traffic law infractions.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08666-01-5
S. 4765 2
1 2. Except as provided in subdivision three of this section, where a
2 defendant has been committed to the custody of the sheriff or the office
3 of children and family services in a criminal action [he or she] such
4 defendant must be released on bail or on [his or her] their own recogni-
5 zance, upon such conditions as may be just and reasonable, if the people
6 are not ready for trial in that criminal action within:
7 (a) ninety days from the commencement of [his or her] such defendant's
8 commitment to the custody of the sheriff or the office of children and
9 family services in a criminal action wherein the defendant is accused of
10 one or more offenses, at least one of which is a felony;
11 (b) thirty days from the commencement of [his or her] such defendant's
12 commitment to the custody of the sheriff or the office of children and
13 family services in a criminal action wherein the defendant is accused of
14 one or more offenses, at least one of which is a misdemeanor punishable
15 by a sentence of imprisonment of more than three months and none of
16 which is a felony;
17 (c) fifteen days from the commencement of [his or her] such defend-
18 ant's commitment to the custody of the sheriff or the office of children
19 and family services in a criminal action wherein the defendant is
20 accused of one or more offenses, at least one of which is a misdemeanor
21 punishable by a sentence of imprisonment of not more than three months
22 and none of which is a crime punishable by a sentence of imprisonment of
23 more than three months; or
24 (d) five days from the commencement of [his or her] such defendant's
25 commitment to the custody of the sheriff or the office of children and
26 family services in a criminal action wherein the defendant is accused of
27 one or more offenses, at least one of which is a violation and none of
28 which is a crime.
29 (e) for the purposes of this subdivision, the term offense shall
30 include vehicle and traffic law infractions.
31 3. (a) Subdivisions one and two of this section do not apply to a
32 criminal action wherein the defendant is accused of an offense defined
33 in sections 125.10, 125.15, 125.20, 125.25, 125.26 and 125.27 of the
34 penal law.
35 (b) A motion made pursuant to subdivisions one or two of this section
36 upon expiration of the specified period may be denied where the people
37 are not ready for trial if the people were ready for trial prior to the
38 expiration of the specified period and their present unreadiness is due
39 to some exceptional fact or circumstance, including, but not limited to,
40 the sudden unavailability of evidence material to the people's case,
41 when the district attorney has exercised due diligence to obtain such
42 evidence and there are reasonable grounds to believe that such evidence
43 will become available in a reasonable period.
44 (c) A motion made pursuant to subdivision two of this section shall
45 not:
46 (i) apply to any defendant who is serving a term of imprisonment for
47 another offense;
48 (ii) require the release from custody of any defendant who is also
49 being held in custody pending trial of another criminal charge as to
50 which the applicable period has not yet elapsed;
51 (iii) prevent the redetention of or otherwise apply to any defendant
52 who, after being released from custody pursuant to this section or
53 otherwise, is charged with another crime or violates the conditions on
54 which [he] such defendant has been released, by failing to appear at a
55 judicial proceeding at which [his] such defendant's presence is required
56 or otherwise.
S. 4765 3
1 4. In computing the time within which the people must be ready for
2 trial pursuant to subdivisions one and two of this section, the follow-
3 ing periods must be excluded:
4 (a) a reasonable period of delay resulting from other proceedings
5 concerning the defendant, including but not limited to: proceedings for
6 the determination of competency and the period during which defendant is
7 incompetent to stand trial; demand to produce; request for a bill of
8 particulars; pre-trial motions; appeals; trial of other charges; and the
9 period during which such matters are under consideration by the court;
10 or
11 (b) the period of delay resulting from a continuance granted by the
12 court at the request of, or with the consent of, the defendant or [his
13 or her] such defendant's counsel. The court may grant such a continuance
14 only if it is satisfied that postponement is in the interest of justice,
15 taking into account the public interest in the prompt dispositions of
16 criminal charges. A defendant without counsel must not be deemed to have
17 consented to a continuance unless [he or she] such defendant has been
18 advised by the court of [his or her] such defendant's rights under these
19 rules and the effect of [his] such defendant's consent, which must be
20 done on the record in open court; or
21 (c) (i) the period of delay resulting from the absence or unavailabil-
22 ity of the defendant. A defendant must be considered absent whenever
23 [his] such defendant's location is unknown and [he] such defendant is
24 attempting to avoid apprehension or prosecution, or [his] such defend-
25 ant's location cannot be determined by due diligence. A defendant must
26 be considered unavailable whenever [his] such defendant's location is
27 known but [his] such defendant's presence for trial cannot be obtained
28 by due diligence; or
29 (ii) where the defendant has either escaped from custody or has failed
30 to appear when required after having previously been released on bail or
31 on [his] such defendant's own recognizance, and provided the defendant
32 is not in custody on another matter, the period extending from the day
33 the court issues a bench warrant pursuant to section 530.70 of this
34 chapter because of the defendant's failure to appear in court when
35 required, to the day the defendant subsequently appears in the court
36 pursuant to a bench warrant or voluntarily or otherwise; or
37 (d) a reasonable period of delay when the defendant is joined for
38 trial with a co-defendant as to whom the time for trial pursuant to this
39 section has not run and good cause is not shown for granting a sever-
40 ance; or
41 (e) the period of delay resulting from detention of the defendant in
42 another jurisdiction provided the district attorney is aware of such
43 detention and has been diligent and has made reasonable efforts to
44 obtain the presence of the defendant for trial; or
45 (f) the period during which the defendant is without counsel through
46 no fault of the court; except when the defendant is proceeding as [his]
47 such defendant's own attorney with the permission of the court; or
48 (g) other periods of delay occasioned by exceptional circumstances,
49 including but not limited to, the period of delay resulting from a
50 continuance granted at the request of a district attorney if (i) the
51 continuance is granted because of the unavailability of evidence materi-
52 al to the people's case, when the district attorney has exercised due
53 diligence to obtain such evidence and there are reasonable grounds to
54 believe that such evidence will become available in a reasonable period;
55 or (ii) the continuance is granted to allow the district attorney addi-
56 tional time to prepare the people's case and additional time is justi-
S. 4765 4
1 fied by the exceptional circumstances of the case. Any statement of
2 readiness filed by the people on a day not scheduled for trial or other
3 proceeding shall be filed by affidavit. Any such exclusion when a state-
4 ment of unreadiness has followed a statement of readiness made by the
5 people must be evaluated by the court after inquiry on the record as to
6 the reasons for the people's unreadiness and shall only be approved upon
7 a showing of sufficient supporting facts; or
8 (h) the period during which an action has been adjourned in contem-
9 plation of dismissal pursuant to sections 170.55, 170.56 and 215.10 of
10 this chapter; or
11 (i) the period prior to the defendant's actual appearance for arraign-
12 ment in a situation in which the defendant has been directed to appear
13 by the district attorney pursuant to subdivision three of section 120.20
14 or subdivision three of section 210.10 of this chapter; or
15 (j) the period during which a family offense is before a family court
16 until such time as an accusatory instrument or indictment is filed
17 against the defendant alleging a crime constituting a family offense, as
18 such term is defined in section 530.11 of this chapter.
19 5. Whenever pursuant to this section a prosecutor states or otherwise
20 provides notice that the people are ready for trial, the court shall
21 make inquiry on the record as to their actual readiness. If, after
22 conducting its inquiry, the court determines that the people are not
23 ready to proceed to trial, the prosecutor's statement or notice of read-
24 iness shall not be valid for purposes of this section. Any statement of
25 trial readiness must be accompanied or preceded by a certification of
26 good faith compliance with the disclosure requirements of section 245.20
27 of this chapter and the defense shall be afforded an opportunity to be
28 heard on the record as to whether the disclosure requirements have been
29 met. This subdivision shall not apply to cases where the defense has
30 waived disclosure requirements.
31 5-a. Upon a local criminal court accusatory instrument, a statement of
32 readiness shall not be valid unless the prosecuting attorney certifies
33 that all counts charged in the accusatory instrument meet the require-
34 ments of sections 100.15 and 100.40 of this chapter and those counts not
35 meeting the requirements of sections 100.15 and 100.40 of this chapter
36 have been dismissed.
37 6. An order finally denying a motion to dismiss pursuant to subdivi-
38 sion one of this section shall be reviewable upon an appeal from an
39 ensuing judgment of conviction notwithstanding the fact that such judg-
40 ment is entered upon a plea of guilty.
41 7. At each court appearance date preceding the commencement of trial
42 in a criminal action, the court, whenever it is practicable to do so,
43 shall rule on whether the adjournment period immediately following such
44 court appearance date is to be included or excluded for the purposes of
45 computing the time within which the people must be ready for trial with-
46 in the meaning of this section; provided that such ruling shall not be
47 binding on a determination of a motion made pursuant to subdivision one
48 or two of this section. The court's ruling shall be noted in the court
49 file.
50 8. Where the people state not ready for trial and seek an adjournment
51 for a specific date, upon request of the defendant the court shall
52 adjourn the matter for the date requested by the people or a date not
53 more than ten days thereafter, unless doing so would not be in the
54 interest of justice.
55 9. Where the people and defendant state ready for trial on the record
56 in open court and the court is not able to accommodate commencement of
S. 4765 5
1 the trial immediately, the court shall not adjourn for a date later than
2 ten days thereafter, unless doing so would not be in the interest of
3 justice.
4 10. Where the people file a statement of trial readiness on a day not
5 scheduled for trial or other proceeding, upon request of the defendant
6 and with notice to the people, the court shall place the matter on the
7 court calendar within ten days of such request to schedule a date for
8 trial.
9 11. For purposes of this section, (a) where the defendant is to be
10 tried following the withdrawal of the plea of guilty or is to be retried
11 following a mistrial, an order for a new trial or an appeal or collat-
12 eral attack, the criminal action and the commitment to the custody of
13 the sheriff or the office of children and family services, if any, must
14 be deemed to have commenced on the date the withdrawal of the plea of
15 guilty or the date the order occasioning a retrial becomes final;
16 (b) where a defendant has been served with an appearance ticket, the
17 criminal action must be deemed to have commenced on the date the defend-
18 ant first appears in a local criminal court in response to the ticket;
19 (c) where a criminal action is commenced by the filing of a felony
20 complaint, and thereafter, in the course of the same criminal action
21 either the felony complaint is replaced with or converted to an informa-
22 tion, prosecutor's information or misdemeanor complaint pursuant to
23 article one hundred eighty of this chapter or a prosecutor's information
24 is filed pursuant to section 190.70 of this chapter, the period applica-
25 ble for the purposes of subdivision one must be the period applicable to
26 the charges in the new accusatory instrument, calculated from the date
27 of the filing of such new accusatory instrument; provided, however, that
28 when the aggregate of such period and the period of time, excluding the
29 periods provided in subdivision four of this section, already elapsed
30 from the date of the filing of the felony complaint to the date of the
31 filing of the new accusatory instrument exceeds six months, the period
32 applicable to the charges in the felony complaint must remain applicable
33 and continue as if the new accusatory instrument had not been filed;
34 (d) where a criminal action is commenced by the filing of a felony
35 complaint, and thereafter, in the course of the same criminal action
36 either the felony complaint is replaced with or converted to an informa-
37 tion, prosecutor's information or misdemeanor complaint pursuant to
38 article one hundred eighty of this chapter or a prosecutor's information
39 is filed pursuant to section 190.70 of this chapter, the period applica-
40 ble for the purposes of subdivision two of this section must be the
41 period applicable to the charges in the new accusatory instrument,
42 calculated from the date of the filing of such new accusatory instru-
43 ment; provided, however, that when the aggregate of such period and the
44 period of time, excluding the periods provided in subdivision four of
45 this section, already elapsed from the date of the filing of the felony
46 complaint to the date of the filing of the new accusatory instrument
47 exceeds ninety days, the period applicable to the charges in the felony
48 complaint must remain applicable and continue as if the new accusatory
49 instrument had not been filed.
50 (e) where a count of an indictment is reduced to charge only a misde-
51 meanor or petty offense and a reduced indictment or a prosecutor's
52 information is filed pursuant to subdivisions one-a and six of section
53 210.20 of this chapter, the period applicable for the purposes of subdi-
54 vision one of this section must be the period applicable to the charges
55 in the new accusatory instrument, calculated from the date of the filing
56 of such new accusatory instrument; provided, however, that when the
S. 4765 6
1 aggregate of such period and the period of time, excluding the periods
2 provided in subdivision four of this section, already elapsed from the
3 date of the filing of the indictment to the date of the filing of the
4 new accusatory instrument exceeds six months, the period applicable to
5 the charges in the indictment must remain applicable and continue as if
6 the new accusatory instrument had not been filed;
7 (f) where a count of an indictment is reduced to charge only a misde-
8 meanor or petty offense and a reduced indictment or a prosecutor's
9 information is filed pursuant to subdivisions one-a and six of section
10 210.20 of this chapter, the period applicable for the purposes of subdi-
11 vision two of this section must be the period applicable to the charges
12 in the new accusatory instrument, calculated from the date of the filing
13 of such new accusatory instrument; provided, however, that when the
14 aggregate of such period and the period of time, excluding the periods
15 provided in subdivision four of this section, already elapsed from the
16 date of the filing of the indictment to the date of the filing of the
17 new accusatory instrument exceeds ninety days, the period applicable to
18 the charges in the indictment must remain applicable and continue as if
19 the new accusatory instrument had not been filed.
20 [8.] 12. The procedural rules prescribed in subdivisions one through
21 seven of section 210.45 of this chapter with respect to a motion to
22 dismiss an indictment are not applicable to a motion made pursuant to
23 subdivision two of this section. If, upon oral argument, a time period
24 is in dispute, the court must promptly conduct a hearing in which the
25 people must prove that the time period is excludable.
26 § 2. This act shall take effect on the sixtieth day after it shall
27 have become a law.
