Extends the time period from 5 to 10 days for which a defendant may be held in custody for drug sale or possession offenses while waiting lab results on testing of the substance for which they were arrested.
STATE OF NEW YORK
________________________________________________________________________
541
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. PRETLOW, GALEF -- Multi-Sponsored by -- M. of A.
ENGLEBRIGHT, WRIGHT -- read once and referred to the Committee on
Codes
AN ACT to amend the criminal procedure law, in relation to extending the
time period for which a person may be held in custody for drug related
violations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 170.70 of the criminal procedure law is amended to
2 read as follows:
3 § 170.70 Release of defendant upon failure to replace misdemeanor
4 complaint by information.
5 Upon application of a defendant against whom a misdemeanor complaint
6 is pending in a local criminal court, and who, either at the time of his
7 arraignment thereon or subsequent thereto, has been committed to the
8 custody of the sheriff pending disposition of the action, and who has
9 been confined in such custody for a period of more than five days, not
10 including Sunday, without any information having been filed in replace-
11 ment of such misdemeanor complaint, the criminal court must release the
12 defendant on his own recognizance unless:
13 1. The complaint charges a violation of article two hundred twenty or
14 two hundred twenty-one of the penal law, in such case, no application
15 may be made unless such defendant has been confined and is in custody
16 for a period of more than ten days, not including Sunday; or
17 2. The defendant has waived prosecution by information and consented
18 to be prosecuted upon the misdemeanor complaint, pursuant to subdivision
19 three of section 170.65; or
20 [2.] 3. The court is satisfied that there is good cause why such
21 order of release should not be issued. Such good cause must consist of
22 some compelling fact or circumstance which precluded replacement of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01302-01-3
A. 541 2
1 misdemeanor complaint by an information or a prosecutor's information
2 within the prescribed period.
3 § 2. Section 180.80 of the criminal procedure law, as amended by chap-
4 ter 556 of the laws of 1982 and subdivision 2 as amended by chapter 557
5 of the laws of 1982, is amended to read as follows:
6 § 180.80 Proceedings upon felony complaint; release of defendant from
7 custody upon failure of timely disposition.
8 Upon application of a defendant against whom a felony complaint has
9 been filed with a local criminal court, and who, since the time of his
10 arrest or subsequent thereto, has been held in custody pending disposi-
11 tion of such felony complaint, and who has been confined in such custody
12 for a period of more than one hundred twenty hours or, in the event that
13 a Saturday, Sunday or legal holiday occurs during such custody, one
14 hundred forty-four hours, without either a disposition of the felony
15 complaint or commencement of a hearing thereon, the local criminal court
16 must release him on his own recognizance unless:
17 1. The felony complaint charges a violation of article two hundred
18 twenty or two hundred twenty-one of the penal law, in such case, no
19 application may be made unless such defendant has been confined, and is
20 in custody, for a period of more than two hundred forty hours or, in the
21 event that a Saturday, Sunday or legal holiday occurs during such custo-
22 dy, two hundred sixty-four hours; or
23 2. The failure to dispose of the felony complaint or to commence a
24 hearing thereon during such period of confinement was due to the defend-
25 ant's request, action or condition, or occurred with his consent; or
26 [2.] 3. Prior to the application:
27 (a) The district attorney files with the court a written certification
28 that an indictment has been voted; or
29 (b) An indictment or a direction to file a prosecutor's information
30 charging an offense based upon conduct alleged in the felony complaint
31 was filed by a grand jury; or
32 [3.] 4. The court is satisfied that the people have shown good cause
33 why such order of release should not be issued. Such good cause must
34 consist of some compelling fact or circumstance which precluded disposi-
35 tion of the felony complaint within the prescribed period or rendered
36 such action against the interest of justice.
37 § 3. This act shall take effect on the first of September next
38 succeeding the date on which it shall have become a law.
