STATE OF NEW YORK
________________________________________________________________________
3973
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
___________
Introduced by M. of A. AUBRY -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to time limits
for a speedy trial
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Kalief's law".
2 § 2. Section 30.30 of the criminal procedure law, as added by chapter
3 184 of the laws of 1972, paragraph (a) of subdivision 3 as amended by
4 chapter 93 of the laws of 2006, paragraph (a) of subdivision 4 as
5 amended by chapter 558 of the laws of 1982, paragraph (c) of subdivision
6 4 as amended by chapter 631 of the laws of 1996, paragraph (h) of subdi-
7 vision 4 as added by chapter 837 of the laws of 1986, paragraph (i) of
8 subdivision 4 as added by chapter 446 of the laws of 1993, paragraph (j)
9 of subdivision 4 as added by chapter 222 of the laws of 1994, paragraph
10 (b) of subdivision 5 as amended by chapter 109 of the laws of 1982,
11 paragraphs (e) and (f) of subdivision 5 as added by chapter 209 of the
12 laws of 1990, is amended to read as follows:
13 § 30.30 Speedy trial; time limitations.
14 1. Except as otherwise provided in subdivision [three] four, a motion
15 made pursuant to paragraph (e) of subdivision one of section 170.30 or
16 paragraph (g) of subdivision one of section 210.20 must be granted where
17 the people are not ready for trial within:
18 (a) six months of the commencement of a criminal action wherein a
19 defendant is accused of one or more offenses, at least one of which is a
20 felony;
21 (b) ninety days of the commencement of a criminal action wherein a
22 defendant is accused of one or more offenses, at least one of which is a
23 misdemeanor punishable by a sentence of imprisonment of more than three
24 months and none of which is a felony;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06385-01-9
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1 (c) sixty days of the commencement of a criminal action wherein the
2 defendant is accused of one or more offenses, at least one of which is a
3 misdemeanor punishable by a sentence of imprisonment of not more than
4 three months and none of which is a crime punishable by a sentence of
5 imprisonment of more than three months;
6 (d) thirty days of the commencement of a criminal action wherein the
7 defendant is accused of one or more offenses, at least one of which is a
8 violation and none of which is a crime.
9 2. Except as provided in subdivision [three] four, where a defendant
10 has been committed to the custody of the sheriff in a criminal action he
11 or she must be released on bail or on his or her own recognizance, upon
12 such conditions as may be just and reasonable, if the people are not
13 ready for trial in that criminal action within:
14 (a) ninety days from the commencement of his or her commitment to the
15 custody of the sheriff in a criminal action wherein the defendant is
16 accused of one or more offenses, at least one of which is a felony;
17 (b) thirty days from the commencement of his or her commitment to the
18 custody of the sheriff in a criminal action wherein the defendant is
19 accused of one or more offenses, at least one of which is a misdemeanor
20 punishable by a sentence of imprisonment of more than three months and
21 none of which is a felony;
22 (c) fifteen days from the commencement of his or her commitment to the
23 custody of the sheriff in a criminal action wherein the defendant is
24 accused of one or more offenses, at least one of which is a misdemeanor
25 punishable by a sentence of imprisonment of not more than three months
26 and none of which is a crime punishable by a sentence of imprisonment of
27 more than three months;
28 (d) five days from the commencement of his or her commitment to the
29 custody of the sheriff in a criminal action wherein the defendant is
30 accused of one or more offenses, at least one of which is a violation
31 and none of which is a crime.
32 3. Whenever pursuant to this section a prosecutor states or otherwise
33 provides notice that the people are ready for trial, the court may make
34 inquiry on the record as to their actual readiness. If, after conducting
35 its inquiry, the court determines that the people are not ready to
36 proceed to trial, the prosecutor's statement or notice of readiness
37 shall not be valid for purposes of this section. Following a demand to
38 produce by a defendant pursuant to section 240.20, any statement of
39 trial readiness must be accompanied or preceded by a certification of
40 good faith compliance with the disclosure requirements of section
41 240.20. This subdivision shall not apply to cases where the defense has
42 waived disclosure requirements. The defense shall be afforded an oppor-
43 tunity to be heard on the record concerning any such inquiry by the
44 court, and concerning whether such disclosure requirements have been
45 met.
46 3-a. Upon a misdemeanor complaint, a statement of readiness shall not
47 be valid unless the prosecuting attorney certifies that all counts
48 charged in the accusatory instrument meet the requirements of sections
49 100.15 and 100.40 and those counts not meeting the requirements of
50 sections 100.15 and 100.40 have been dismissed.
51 4. (a) Subdivisions one and two do not apply to a criminal action
52 wherein the defendant is accused of an offense defined in sections
53 125.10, 125.15, 125.20, 125.25, 125.26 and 125.27 of the penal law.
54 (b) A motion made pursuant to subdivisions one or two upon expiration
55 of the specified period may be denied where the people are not ready for
56 trial if the people were ready for trial prior to the expiration of the
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1 specified period and their present unreadiness is due to some excep-
2 tional fact or circumstance, including, but not limited to, the sudden
3 unavailability of evidence material to the people's case, when the
4 district attorney has exercised due diligence to obtain such evidence
5 and there are reasonable grounds to believe that such evidence will
6 become available in a reasonable period.
7 (c) A motion made pursuant to subdivision two shall not:
8 (i) apply to any defendant who is serving a term of imprisonment for
9 another offense;
10 (ii) require the release from custody of any defendant who is also
11 being held in custody pending trial of another criminal charge as to
12 which the applicable period has not yet elapsed;
13 (iii) prevent the redetention of or otherwise apply to any defendant
14 who, after being released from custody pursuant to this section or
15 otherwise, is charged with another crime or violates the conditions on
16 which he or she has been released, by failing to appear at a judicial
17 proceeding at which his or her presence is required or otherwise.
18 [4.] 5. In computing the time within which the people must be ready
19 for trial pursuant to subdivisions one and two, the following periods
20 must be excluded:
21 (a) a reasonable period of delay resulting from other proceedings
22 concerning the defendant, including but not limited to: proceedings for
23 the determination of competency and the period during which defendant is
24 incompetent to stand trial; demand to produce; request for a bill of
25 particulars; pre-trial motions; appeals; trial of other charges; and the
26 period during which such matters are under consideration by the court;
27 or
28 (b) the period of delay resulting from a continuance granted by the
29 court at the request of, or with the consent of, the defendant or his or
30 her counsel. The court [must] may grant such a continuance only if it is
31 satisfied that postponement is in the interest of justice, taking into
32 account the public interest in the prompt dispositions of criminal
33 charges. A defendant without counsel must not be deemed to have
34 consented to a continuance unless he or she has been advised by the
35 court of his or her rights under these rules and the effect of his
36 consent, which must be done on the record in open court; or
37 (c) (i) the period of delay resulting from the absence or unavailabil-
38 ity of the defendant. A defendant must be considered absent whenever his
39 or her location is unknown and he or she is attempting to avoid appre-
40 hension or prosecution, or his or her location cannot be determined by
41 due diligence. A defendant must be considered unavailable whenever his
42 or her location is known but his or her presence for trial cannot be
43 obtained by due diligence; or
44 (ii) where the defendant has either escaped from custody or has failed
45 to appear when required after having previously been released on bail or
46 on his or her own recognizance, and provided the defendant is not in
47 custody on another matter, the period extending from the day the court
48 issues a bench warrant pursuant to section 530.70 because of the defend-
49 ant's failure to appear in court when required, to the day the defendant
50 subsequently appears in the court pursuant to a bench warrant or volun-
51 tarily or otherwise; or
52 (d) a reasonable period of delay when the defendant is joined for
53 trial with a co-defendant as to whom the time for trial pursuant to this
54 section has not run and good cause is not shown for granting a sever-
55 ance; or
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1 (e) the period of delay resulting from detention of the defendant in
2 another jurisdiction provided the district attorney is aware of such
3 detention and has been diligent and has made reasonable efforts to
4 obtain the presence of the defendant for trial; or
5 (f) the period during which the defendant is without counsel through
6 no fault of the court; except when the defendant is proceeding as his or
7 her own attorney with the permission of the court; or
8 (g) other periods of delay occasioned by exceptional circumstances,
9 including but not limited to, the period of delay resulting from a
10 continuance granted at the request of a district attorney if (i) the
11 continuance is granted because of the unavailability of evidence materi-
12 al to the people's case, when the district attorney has exercised due
13 diligence to obtain such evidence and there are reasonable grounds to
14 believe that such evidence will become available in a reasonable period;
15 or (ii) the continuance is granted to allow the district attorney addi-
16 tional time to prepare the people's case and additional time is justi-
17 fied by the exceptional circumstances of the case. Any such exclusion
18 when a statement of unreadiness has followed a statement of readiness
19 made by the people must be accompanied by supporting facts and approved
20 by the court. The court shall inquire on the record as to the reasons
21 for the people's unreadiness; or
22 (h) the period during which an action has been adjourned in contem-
23 plation of dismissal pursuant to sections 170.55, 170.56 and 215.10 of
24 this chapter[.]; or
25 (i) [The] the period prior to the defendant's actual appearance for
26 arraignment in a situation in which the defendant has been directed to
27 appear by the district attorney pursuant to subdivision three of section
28 120.20 or subdivision three of section 210.10[.]; or
29 (j) the period during which a family offense is before a family court
30 until such time as an accusatory instrument or indictment is filed
31 against the defendant alleging a crime constituting a family offense, as
32 such term is defined in section 530.11 of this chapter.
33 6. At each court appearance date preceding the commencement of trial
34 in a criminal action, the court, whenever it is practicable to do so,
35 shall rule preliminarily on whether the adjournment period immediately
36 following such court appearance date is to be included or excluded for
37 the purposes of computing the time within which the people must be ready
38 for trial within the meaning of this section. The court's ruling shall
39 be noted in the court file.
40 7. In computing the time within which the people must be ready for
41 trial, pursuant to subdivision two or paragraphs (b), (c), or (d) of
42 subdivision one of this section, no time attributable to court
43 congestion shall be excluded.
44 [5.] 8. For purposes of this section, (a) where the defendant is to be
45 tried following the withdrawal of the plea of guilty or is to be retried
46 following a mistrial, an order for a new trial or an appeal or collat-
47 eral attack, the criminal action and the commitment to the custody of
48 the sheriff, if any, must be deemed to have commenced on the date the
49 withdrawal of the plea of guilty or the date the order occasioning a
50 retrial becomes final;
51 (b) where a defendant has been served with an appearance ticket, the
52 criminal action must be deemed to have commenced on the date the defend-
53 ant first appears in a local criminal court in response to the ticket;
54 (c) where a criminal action is commenced by the filing of a felony
55 complaint, and thereafter, in the course of the same criminal action
56 either the felony complaint is replaced with or converted to an informa-
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1 tion, prosecutor's information or misdemeanor complaint pursuant to
2 article [180] one hundred eighty or a prosecutor's information is filed
3 pursuant to section 190.70, the period applicable for the purposes of
4 subdivision one must be the period applicable to the charges in the new
5 accusatory instrument, calculated from the date of the filing of such
6 new accusatory instrument; provided, however, that when the aggregate of
7 such period and the period of time, excluding the periods provided in
8 subdivision [four] five, already elapsed from the date of the filing of
9 the felony complaint to the date of the filing of the new accusatory
10 instrument exceeds six months, the period applicable to the charges in
11 the felony complaint must remain applicable and continue as if the new
12 accusatory instrument had not been filed;
13 (d) where a criminal action is commenced by the filing of a felony
14 complaint, and thereafter, in the course of the same criminal action
15 either the felony complaint is replaced with or converted to an informa-
16 tion, prosecutor's information or misdemeanor complaint pursuant to
17 article [180] one hundred eighty or a prosecutor's information is filed
18 pursuant to section 190.70, the period applicable for the purposes of
19 subdivision two must be the period applicable to the charges in the new
20 accusatory instrument, calculated from the date of the filing of such
21 new accusatory instrument; provided, however, that when the aggregate of
22 such period and the period of time, excluding the periods provided in
23 subdivision [four] five, already elapsed from the date of the filing of
24 the felony complaint to the date of the filing of the new accusatory
25 instrument exceeds ninety days, the period applicable to the charges in
26 the felony complaint must remain applicable and continue as if the new
27 accusatory instrument had not been filed.
28 (e) where a count of an indictment is reduced to charge only a misde-
29 meanor or petty offense and a reduced indictment or a prosecutor's
30 information is filed pursuant to subdivisions one-a and six of section
31 210.20, the period applicable for the purposes of subdivision one of
32 this section must be the period applicable to the charges in the new
33 accusatory instrument, calculated from the date of the filing of such
34 new accusatory instrument; provided, however, that when the aggregate of
35 such period and the period of time, excluding the periods provided in
36 subdivision [four] five of this section, already elapsed from the date
37 of the filing of the indictment to the date of the filing of the new
38 accusatory instrument exceeds six months, the period applicable to the
39 charges in the indictment must remain applicable and continue as if the
40 new accusatory instrument had not been filed;
41 (f) where a count of an indictment is reduced to charge only a misde-
42 meanor or petty offense and a reduced indictment or a prosecutor's
43 information is filed pursuant to subdivisions one-a and six of section
44 210.20, the period applicable for the purposes of subdivision two of
45 this section must be the period applicable to the charges in the new
46 accusatory instrument, calculated from the date of the filing of such
47 new accusatory instrument; provided, however, that when the aggregate of
48 such period and the period of time, excluding the periods provided in
49 subdivision [four] five of this section, already elapsed from the date
50 of the filing of the indictment to the date of the filing of the new
51 accusatory instrument exceeds ninety days, the period applicable to the
52 charges in the indictment must remain applicable and continue as if the
53 new accusatory instrument had not been filed.
54 [6.] 9. The procedural rules prescribed in subdivisions one through
55 seven of section 210.45 with respect to a motion to dismiss an indict-
56 ment are also applicable to a motion made pursuant to subdivision two.
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1 § 3. Subdivision 6 of section 180.85 of the criminal procedure law, as
2 added by chapter 518 of the laws of 2004, is amended to read as follows:
3 6. The period from the filing of a motion pursuant to this section
4 until entry of an order disposing of such motion shall not, by reason of
5 such motion, be considered a period of delay for purposes of subdivision
6 [four] five of section 30.30, nor shall such period, by reason of such
7 motion, be excluded in computing the time within which the people must
8 be ready for trial pursuant to such section 30.30.
9 § 4. This act shall take effect on the sixtieth day after it shall
10 have become a law.
