A06276 Summary:

BILL NOA06276
 
SAME ASNo Same As
 
SPONSORWalker
 
COSPNSRD'Urso, Simon, Perry, Taylor, Gottfried, Rosenthal L, DenDekker, Jean-Pierre, Seawright, Arroyo, Weprin, Pichardo, Williams, Blake, Lentol, Cook, Buchwald, Dickens, Davila, Pretlow
 
MLTSPNSR
 
Amd CP L, generally
 
Relates to the issuance of securing orders and makes conforming changes related thereto; release under non-monetary conditions; electronic monitoring; requires a rehearing after five days in custody for certain principals.
Go to top    

A06276 Actions:

BILL NOA06276
 
03/04/2019referred to codes
Go to top

A06276 Committee Votes:

Go to top

A06276 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A06276 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6276
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 4, 2019
                                       ___________
 
        Introduced by M. of A. WALKER -- read once and referred to the Committee
          on Codes
 
        AN  ACT to amend the criminal procedure law, in relation to the issuance
          of securing orders and in relation to making conforming changes
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 1, 2, 4, 5, 6, 7, 8 and 9 of section 500.10 of
     2  the  criminal  procedure  law  are  amended and a new subdivision 3-a is
     3  added to read as follows:
     4    1. "Principal" means a defendant in a criminal action  or  proceeding,
     5  or  a person adjudged a material witness therein, or any other person so
     6  involved therein that [he] the principal may  by  law  be  compelled  to
     7  appear  before  a  court  for  the purpose of having such court exercise
     8  control over [his] the principal's person to secure  [his]  the  princi-
     9  pal's  future  attendance at the action or proceeding when required, and
    10  who in fact either is before the court for  such  purpose  or  has  been
    11  before it and been subjected to such control.
    12    2.  "Release  on  own  recognizance."  A court releases a principal on
    13  [his] the principal's own recognizance  when,  having  acquired  control
    14  over  [his] the principal's person, it permits [him] the principal to be
    15  at liberty during the pendency of  the  criminal  action  or  proceeding
    16  involved  upon  condition  that  [he]  the principal will appear thereat
    17  whenever [his] the principal's attendance may be required  and  will  at
    18  all  times  render  [himself]  the  principal amenable to the orders and
    19  processes of the court.
    20    3-a. "Release under non-monetary conditions." A court releases a prin-
    21  cipal under non-monetary conditions when, having acquired control over a
    22  person, it authorizes the person to be at liberty during the pendency of
    23  the criminal action or proceeding involved under conditions  ordered  by
    24  the  court,  which  shall  be the least restrictive conditions that will
    25  reasonably assure the principal's return to court. Such  conditions  may
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08471-01-9

        A. 6276                             2
 
     1  include,  among  other  conditions  reasonable  under the circumstances:
     2  that the principal be in contact with a pretrial services agency serving
     3  principals in that county; that the principal abide by reasonable, spec-
     4  ified  restrictions  on  travel that are reasonably related to an actual
     5  risk of intentional flight from the  jurisdiction;  that  the  principal
     6  refrain from possessing a firearm, destructive device or other dangerous
     7  weapon;  that,  when it is shown pursuant to subdivision four of section
     8  510.45 of this title that no other realistic monetary condition  or  set
     9  of  non-monetary  conditions  will  suffice  to  reasonably  assure  the
    10  person's return to court, the person be placed  in  reasonable  pretrial
    11  supervision  with  a pretrial services agency serving principals in that
    12  county; that, when it is shown pursuant to paragraph (a) of  subdivision
    13  four  of  section 510.40 of this title that no other realistic non-mone-
    14  tary condition or set of non-monetary conditions will suffice to reason-
    15  ably assure the principal's return to court, the principal's location be
    16  monitored with an approved electronic monitoring device,  in  accordance
    17  with such subdivision four of section 510.40 of this title.  A principal
    18  shall  not  be  required  to  pay for any part of the cost of release on
    19  non-monetary conditions.
    20    4. "Commit to the custody of the sheriff." A court commits a principal
    21  to the custody of the sheriff when, having acquired control  over  [his]
    22  the principal's person, it orders that [he] the principal be confined in
    23  the custody of the sheriff during the pendency of the criminal action or
    24  proceeding involved.
    25    5.  "Securing  order" means an order of a court committing a principal
    26  to the custody of the sheriff[,] or fixing bail,  where  authorized,  or
    27  releasing [him on his] the principal on the principal's own recognizance
    28  or releasing the principal under non-monetary conditions.
    29    6.  "Order of recognizance or bail" means a securing order releasing a
    30  principal on [his] the principal's own recognizance or  under  non-mone-
    31  tary 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 [him] the  principal  to
    34  or  retaining  [him] the principal in the custody of the sheriff, either
    35  release [him on his own] the principal on the principal's  own  recogni-
    36  zance [or], release under non-monetary conditions, or, where authorized,
    37  fix bail.
    38    8.  "Post  bail" means to deposit bail in the amount and form fixed by
    39  the court, with the court or with some other authorized  public  servant
    40  or agency.
    41    9. "Bail" means cash bail [or], a bail bond or money paid with a cred-
    42  it card.
    43    §  1-a.    Section  500.10 of the criminal procedure law is amended by
    44  adding two new subdivisions 21 and 22 to read as follows:
    45    21. "Qualifies for electronic monitoring," for purposes of subdivision
    46  four of section 510.40 of this title, means  a  person  charged  with  a
    47  felony,  a misdemeanor crime of domestic violence, a misdemeanor defined
    48  in article one hundred thirty of the penal law, a crime and the  circum-
    49  stances  of  paragraph  (b) of subdivision two of section 530.60 of this
    50  title apply, or any misdemeanor where the  defendant  stands  previously
    51  convicted,  within  the  past five years, of a violent felony offense as
    52  defined in section 70.02 of the penal law.  For  the  purposes  of  this
    53  subdivision,  in  calculating  such five year period, any period of time
    54  during which the defendant was incarcerated for any reason  between  the
    55  time  of  the  commission  of  any  such  previous crime and the time of
    56  commission of the present crime shall be excluded  and  such  five  year

        A. 6276                             3
 
     1  period shall be extended by a period or periods equal to the time served
     2  under such incarceration.
     3    22. "Misdemeanor crime of domestic violence," for purposes of subdivi-
     4  sion twenty-one of this section, means a misdemeanor under the penal law
     5  provisions  and  circumstances  described  in subdivision one of section
     6  530.11 of this title.
     7    § 2. Section 510.10 of the criminal procedure law, as amended by chap-
     8  ter 459 of the laws of 1984, is amended to read as follows:
     9  § 510.10 Securing order; when required; alternatives available; standard
    10             to be applied.
    11    1. When a principal, whose  future  court  attendance  at  a  criminal
    12  action  or proceeding is or may be required, [initially] comes under the
    13  control of a court, such court [must] shall,  in  accordance  with  this
    14  title,  by  a  securing  order[,  either] release [him] the principal on
    15  [his] the principal's own  recognizance,  release  the  principal  under
    16  non-monetary  conditions, or, where authorized, fix bail or commit [him]
    17  the principal to the custody of the sheriff.  In all such cases,  except
    18  where another type of securing order is shown to be required by law, the
    19  court  shall  release the principal pending trial on the principal's own
    20  recognizance, unless it is demonstrated and the court makes an  individ-
    21  ualized determination that the principal is a significant risk of inten-
    22  tional flight to avoid prosecution. If such a finding is made, the court
    23  must  select  the  least restrictive alternative and condition or condi-
    24  tions that will reasonably assure the principal's return to court.
    25    2. A principal is entitled to representation  by  counsel  under  this
    26  chapter  in  preparing an application for release, when a securing order
    27  is being considered and when a securing  order  is  being  reviewed  for
    28  modification, revocation or termination. If the principal is financially
    29  unable to obtain counsel, counsel shall be assigned to the principal.
    30    3.  In  cases  where the most serious offense with which the defendant
    31  stands charged in the case before the court or  a  pending  case  is  an
    32  offense that is not a class A felony defined in the penal law or a felo-
    33  ny  enumerated in section 70.02 of the penal law (other than burglary in
    34  the second degree as defined in subdivision two of section 140.25 of the
    35  penal law or robbery in the second degree as defined in subdivision  one
    36  of  section  160.10  of  such  law  or reporting a false incident in the
    37  second degree as defined in section 240.55 of such law) or a misdemeanor
    38  defined in article one hundred thirty of the penal law, the court  shall
    39  release the principal pending trial on the principal's own recognizance,
    40  unless  the  court finds on the record or in writing that release on the
    41  principal's own recognizance will not reasonably assure the  principal's
    42  return  to court. In such instances, the court shall release the princi-
    43  pal under  non-monetary  conditions,  selecting  the  least  restrictive
    44  alternative  and  conditions that will reasonably assure the principal's
    45  return to court.  The court shall explain its choice of alternative  and
    46  conditions on the record or in writing.
    47    4.  Except  as  provided in subdivision five of this section, in cases
    48  where an offense with which the defendant stands  charged  in  the  case
    49  before  the  court  or  a pending case is a felony enumerated in section
    50  70.02 of the penal law (except burglary in the second degree as  defined
    51  in  subdivision two of section 140.25 of the penal law or robbery in the
    52  second degree as defined in subdivision one of section  160.10  of  such
    53  law  or  reporting  a  false incident in the second degree as defined in
    54  section 240.55 of such law) or a  misdemeanor  defined  in  article  one
    55  hundred  thirty of the penal law, the court, unless otherwise prohibited
    56  by law, shall release the principal pending trial on the principal's own

        A. 6276                             4
 
     1  recognizance or under non-monetary conditions,  or  fix  bail.  In  such
     2  instances,  the court shall select the least restrictive alternative and
     3  conditions that will reasonably assure the principal's return to  court.
     4  The  court shall explain its choice of alternative and conditions on the
     5  record or in writing.
     6    5. In cases where an offense with which the defendant  stands  charged
     7  in  the  case before the court or a pending case is a felony sex offense
     8  as defined in section 70.80 of the penal law, a felony terrorism offense
     9  under section 490.10, 490.15, 490.30, 490.35,  490.37,  490.40,  490.45,
    10  490.47,  490.50  or  490.55  of the penal law,  a class A felony offense
    11  defined in the penal law, a felony offense of witness intimidation under
    12  section 215.15, 215.16, or 215.17 of the penal  law,  a  felony  offense
    13  where  a required element thereof is an intent to cause serious physical
    14  injury or death to another person and causing such injury  or  death  to
    15  such  person or a third person, or a felony for when the defendant would
    16  be eligible for sentencing under section 70.08 of  the  penal  law,  the
    17  court,  unless  otherwise prohibited by law, shall release the principal
    18  pending trial under non-monetary conditions, or fix bail, or commit  the
    19  principal  to  the custody of the sheriff.  In such instances, the court
    20  shall select the least restrictive alternative and conditions that  will
    21  reasonably  assure  the  principal's  return  to  court. The court shall
    22  explain its choice of alternative and conditions on  the  record  or  in
    23  writing.
    24    6. Notwithstanding the provisions of subdivisions three, four and five
    25  of  this section, with respect to any charge for which bail or remand is
    26  not ordered, and for which the court would not or  could  not  otherwise
    27  require  bail  or remand, a defendant may, at any time, request that the
    28  court set bail in a nominal amount requested by  the  defendant  in  the
    29  form  specified in paragraph (a) of subdivision one of section 520.10 of
    30  this title; if the court is satisfied that the request is voluntary, the
    31  court shall set such bail in such amount.
    32    7. When a securing order is revoked or  otherwise  terminated  in  the
    33  course of an uncompleted action or proceeding but the principal's future
    34  court  attendance  still is or may be required and [he] the principal is
    35  still under the control of a court, a new securing order must be issued.
    36  When the court revokes or otherwise terminates a  securing  order  which
    37  committed  the  principal to the custody of the sheriff, the court shall
    38  give written notification to the sheriff of such  revocation  or  termi-
    39  nation of the securing order.
    40    §  3.  Section 510.20 of the criminal procedure law is amended to read
    41  as follows:
    42  § 510.20  Application for [recognizance or  bail;  making  and  determi-
    43               nation thereof in general] a change in securing order.
    44    1.  Upon any occasion when a court [is required to issue] has issued a
    45  securing  order with respect to a principal[, or at any time when a] and
    46  the principal is confined in the custody of the sheriff as a  result  of
    47  the securing order or a previously issued securing order, [he] the prin-
    48  cipal  may make an application for recognizance, release under non-mone-
    49  tary conditions or bail.
    50    2.  (a) The principal is entitled to representation by counsel in  the
    51  making  and presentation of such application. If the principal is finan-
    52  cially unable to obtain counsel, counsel shall be assigned to the  prin-
    53  cipal.
    54    (b)  Upon such application, the principal must be accorded an opportu-
    55  nity to be heard, present evidence and  to  contend  that  an  order  of
    56  recognizance,  release  under  non-monetary conditions or, where author-

        A. 6276                             5
 
     1  ized, bail must or should issue, that the court should release  [him  on
     2  his] the principal on the principal's own recognizance or under non-mon-
     3  etary  conditions  rather  than fix bail, and that if bail is authorized
     4  and fixed it should be in a suggested amount and form.
     5    §  4.  The  criminal  procedure law is amended by adding a new section
     6  510.25 to read as follows:
     7  § 510.25 Rehearing after five days in custody.
     8    1. In addition to any other available pre-conviction motion or  proce-
     9  dure,  a principal for whom bail is authorized and was fixed, or who was
    10  remanded to the custody of the  sheriff  but  is  legally  eligible  for
    11  release,  and  who  is in custody five days thereafter, shall be brought
    12  before the court the next business day for a  hearing  on  the  securing
    13  order.
    14    2. The people must establish by clear and convincing evidence that the
    15  principal poses a significant risk of intentional flight to avoid prose-
    16  cution,  and that no condition or combination of conditions will reason-
    17  ably assure the principal's return to court. Where the principal has not
    18  been indicted, and reasonable cause has not previously been  established
    19  pursuant  to  the relevant provisions of sections 180.60, 180.70, 180.75
    20  and 180.80 of this chapter or this section, the people must also  estab-
    21  lish probable cause that the principal committed the charged offense.
    22    3.  If  the people fail pursuant to subdivision two of this section to
    23  establish that the principal poses a  significant  risk  of  intentional
    24  flight  to  avoid prosecution and that no other condition or combination
    25  of conditions will reasonably assure the principal's return to court, or
    26  in a case where there is no indictment and no previous finding  pursuant
    27  to  sections  180.60,  180.70, 180.75 and 180.80 or this section and the
    28  people fail to establish probable cause that the defendant committed the
    29  charged offense, the court shall, by a new securing order,  release  the
    30  principal  on  the  principal's  own  recognizance  or, where authorized
    31  pursuant to this title and articles one hundred seventy and one  hundred
    32  eighty  of  this  chapter,  under  non-monetary conditions, except where
    33  another type of securing order is shown to be required by law.
    34    4. At the hearing, the principal shall have the right  to  be  repres-
    35  ented  by  counsel and, if financially unable to obtain counsel, to have
    36  counsel assigned. The principal shall  be  afforded  an  opportunity  to
    37  testify,  present  witnesses,  cross-examine witnesses who appear at the
    38  hearing and present information by proffer or  otherwise.    The  prose-
    39  cution  must  present  competent,  reliable evidence and may not rely on
    40  hearsay evidence to satisfy its burden.
    41    5. Prior to the hearing, in addition  to  the  discovery  required  by
    42  section  240.44  of this chapter, and subject to a protective order, the
    43  prosecution shall disclose to the principal, and permit the principal to
    44  discover, inspect, copy or photograph, on an  ongoing  basis  continuing
    45  after such hearing, all statements and reports that relate or related to
    46  the  prosecution's  request  for  continued  detention  which are in the
    47  possession, custody or control of the prosecution, or persons under  the
    48  prosecution's direction and control, including:
    49    a.  the charging documents, such as the complaint and any information,
    50  and the documents and materials supporting the charging documents;
    51    b. police and law enforcement reports;
    52    c. all statements, written or recorded or summarized in any writing or
    53  recording, and the substance of all oral statements, made by the princi-
    54  pal or a co-defendant;
    55    d. all statements, written or recorded or summarized in any writing or
    56  recording, made by persons whom the prosecutor knows to have evidence or

        A. 6276                             6
 
     1  information that relates to the subject matter of the case  or  proceed-
     2  ing;
     3    e.  all statements or reports on which, as applicable, the prosecution
     4  intends to rely or relied at the hearing; and
     5    f. all facts, evidence and information  favorable  to  the  principal,
     6  including  but  not  limited to information that tends to negate risk of
     7  flight or the principal's guilt or that tends to  mitigate  the  princi-
     8  pal's  culpability  as  to a charged offense, or that tends to support a
     9  potential defense thereto, or that tends to support a motion to suppress
    10  evidence on constitutional or statutory grounds, or that is relevant  to
    11  a witness's credibility, without regard to the materiality of the infor-
    12  mation, or that would tend to mitigate or reduce punishment if the prin-
    13  cipal were convicted.
    14    6.  This  process  shall  continue  with  additional  rehearings, held
    15  promptly on reasonable written  request  of  defense  counsel,  made  on
    16  notice to the people.
    17    § 5. Section 510.30 of the criminal procedure law, subparagraph (v) of
    18  paragraph  (a) of subdivision 2 as amended by chapter 920 of the laws of
    19  1982, subparagraph (vi) of paragraph (a) of subdivision 2 as  renumbered
    20  by  chapter  447  of  the  laws of 1977, subparagraph (vii) as added and
    21  subparagraphs (viii) and (ix) of  paragraph  (a)  of  subdivision  2  as
    22  renumbered  by  section  1 of part D of chapter 491 of the laws of 2012,
    23  and subdivision 3 as added by chapter  788  of  the  laws  of  1981,  is
    24  amended to read as follows:
    25  § 510.30 Application for [recognizance or bail] securing order; rules of
    26               law and criteria controlling determination.
    27    1. [Determinations of applications for recognizance or bail are not in
    28  all  cases discretionary but are subject to rules, prescribed in article
    29  five hundred thirty and other provisions of  law  relating  to  specific
    30  kinds  of  criminal  actions and proceedings, providing (a) that in some
    31  circumstances such an application must as a matter of  law  be  granted,
    32  (b)  that in others it must as a matter of law be denied and the princi-
    33  pal committed to or retained in the custody of the sheriff, and (c) that
    34  in others the granting  or  denial  thereof  is  a  matter  of  judicial
    35  discretion.
    36    2. To the extent that the issuance of an order of recognizance or bail
    37  and  the  terms thereof are matters of discretion rather than of law, an
    38  application is determined on the basis  of  the  following  factors  and
    39  criteria:
    40    (a)]  With  respect  to  any principal, the court in all cases, unless
    41  otherwise provided by law, must [consider the] impose the least restric-
    42  tive kind and degree of control or  restriction  that  is  necessary  to
    43  secure  [his  court  attendance]  the  principal's  return to court when
    44  required. In determining that matter, the court must, on  the  basis  of
    45  available information, consider and take into account[:
    46    (i)  The  principal's  character, reputation, habits and mental condi-
    47  tion;
    48    (ii) His employment and financial resources; and
    49    (iii) His family ties and the length of his residence if  any  in  the
    50  community; and
    51    (iv)  His]  information  about  the  principal that is relevant to the
    52  principal's return to court, including:
    53    (a) The principal's activities and history;
    54    (b) If the principal is a defendant, the charges facing the principal;
    55    (c) The principal's criminal conviction record if  any  provided  that
    56  the  court  must  also  consider and take into account the time that has

        A. 6276                             7
 
     1  elapsed since the occurrence of such crime or crimes and the age of  the
     2  principal at the time of the occurrence of such crime or crimes; [and
     3    (v)  His]  (d)  The  principal's  record of previous adjudication as a
     4  juvenile delinquent, as retained pursuant to section 354.2 of the family
     5  court act, or, of pending cases where fingerprints are retained pursuant
     6  to section 306.1 of such act, or a youthful offender,  if  any  provided
     7  that  the  court  must also consider and take into account the time that
     8  has elapsed since the occurrence of such delinquency or youthful  offen-
     9  der conduct and the age of the principal at the time of such delinquency
    10  or youthful offender conduct; [and
    11    (vi) His] (e) The principal's previous record [if any in responding to
    12  court  appearances  when required or] with respect to intentional flight
    13  to avoid criminal prosecution; [and
    14    (vii)]  (f)  If  monetary  bail  is  authorized,  according   to   the
    15  restrictions  set forth in this title, the principal's individual finan-
    16  cial circumstances;
    17    (g) Where the principal is charged with a crime or  crimes  against  a
    18  member  or  members  of  the  same  family  or household as that term is
    19  defined in subdivision one of section 530.11 of this title, the  follow-
    20  ing factors:
    21    [(A)]  (i)  any  violation  by the principal of an order of protection
    22  issued by any court for the protection of a member  or  members  of  the
    23  same  family  or household as that term is defined in subdivision one of
    24  section 530.11 of this title, whether or not such order of protection is
    25  currently in effect; and
    26    [(B)] (ii) the principal's history of use or possession of a  firearm;
    27  and
    28    [(viii)]  (h) If [he] the principal is a defendant, [the weight of the
    29  evidence against him in the pending criminal action and any other factor
    30  indicating probability or improbability of conviction; or,] in the  case
    31  of  an  application  for [bail or recognizance] a securing order pending
    32  appeal, the merit or lack of merit of the appeal[; and
    33    (ix) If he is a defendant, the sentence  which  may  be  or  has  been
    34  imposed upon conviction].
    35    [(b)]  2.  Where  the  principal is a defendant-appellant in a pending
    36  appeal from a judgment of conviction, the court must also  consider  the
    37  likelihood  of  ultimate  reversal of the judgment. A determination that
    38  the appeal is palpably without  merit  alone  justifies,  but  does  not
    39  require,  a  denial  of the application, regardless of any determination
    40  made with respect to the factors specified in [paragraph  (a)]  subdivi-
    41  sion one of this section.
    42    3.  When  bail  or recognizance is ordered, the court shall inform the
    43  principal, if [he] the principal is a defendant charged with the commis-
    44  sion of a felony, that the release is conditional and that the court may
    45  revoke the order of release and may be authorized to commit the  princi-
    46  pal  to  the custody of the sheriff in accordance with the provisions of
    47  subdivision two of section 530.60 of this chapter if [he] the  principal
    48  commits a subsequent felony while at liberty upon such order.
    49    §  6.  Section 510.40 of the criminal procedure law is amended to read
    50  as follows:
    51  § 510.40  [Application for recognizance or bail; determination  thereof,
    52               form of securing order and execution thereof] Court notifi-
    53               cation to principal of conditions of release and of alleged
    54               violations of conditions of release.
    55    1.    [An application for recognizance or bail must be determined by a
    56  securing order which either:

        A. 6276                             8

     1    (a)  Grants the application and releases  the  principal  on  his  own
     2  recognizance; or
     3    (b)  Grants the application and fixes bail; or
     4    (c)    Denies the application and commits the principal to, or retains
     5  him in, the custody of the sheriff.
     6    2.] Upon ordering that a principal be released on  [his]  the  princi-
     7  pal's  own  recognizance, or released under non-monetary conditions, or,
     8  if bail has been fixed, upon the posting of bail, the court must  direct
     9  [him]  the  principal  to  appear  in  the criminal action or proceeding
    10  involved whenever [his] the principal's attendance may be  required  and
    11  to [render himself] be at all times amenable to the orders and processes
    12  of  the court.  If such principal is in the custody of the sheriff or at
    13  liberty upon bail at the time of the order, the court must  direct  that
    14  [he]  the  principal be discharged from such custody or, as the case may
    15  be, that [his] the principal's bail be exonerated.
    16    [3.] 2. 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 [he] the principal is in the custody of  the  sheriff  at  the  time,
    23  directing  the  sheriff  to discharge [him] the principal therefrom.  If
    24  the bail fixed is not posted, or is not approved after being posted, the
    25  court must order that the principal be committed to the custody  of  the
    26  sheriff.  In the event of any such non-approval, the court shall explain
    27  promptly in 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
    42  impose additional conditions for non-compliance, the court shall consid-
    43  er  and  may select conditions consistent with the court's obligation to
    44  impose the least restrictive condition or conditions that  will  reason-
    45  ably  assure the defendant's return to court. The court shall explain on
    46  the record or in writing the reasons for its determination and  for  any
    47  changes to the conditions 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.  It must be the  least  restric-

        A. 6276                             9
 
     1  tive  procedure  and  method that will reasonably assure the principal's
     2  return to court, and unobtrusive to the greatest extent practicable.
     3    (c)  Electronic  monitoring  of  the  location  of  a principal may be
     4  conducted only by a public entity under the supervision and control of a
     5  county or municipality or a non-profit  entity  under  contract  to  the
     6  county,  municipality  or  the  state. A county or municipality shall be
     7  authorized to enter into a contract with another county or  municipality
     8  in  the  state  to  monitor  principals under non-monetary conditions of
     9  release in its county, but counties, municipalities and the state  shall
    10  not contract with any private for-profit entity for such purposes.
    11    (d) Electronic monitoring of a principal's location may be for a maxi-
    12  mum  period  of  sixty  days,  and may be renewed for such period, after
    13  notice, an opportunity to be heard and a de novo, individualized  deter-
    14  mination  in  accordance with this subdivision, which shall be explained
    15  on the record or in writing.
    16    A defendant subject  to  electronic  location  monitoring  under  this
    17  subdivision shall be considered held or confined in custody for purposes
    18  of  section  180.80 of this chapter and shall be considered committed to
    19  the custody of the sheriff for purposes of section 170.70 of  the  chap-
    20  ter, as applicable.
    21    5. If a principal is released under non-monetary conditions, the court
    22  shall,  on the record and in an individualized written document provided
    23  to the principal, notify the principal, in plain language and  a  manner
    24  sufficiently clear and specific:
    25    (a) of any conditions to which the principal is subject, to serve as a
    26  guide for the principal's conduct; and
    27    (b)  that  the possible consequences for violation of such a condition
    28  may include revocation of the securing order and the ordering of a  more
    29  restrictive securing order.
    30    §  7.  The  criminal  procedure law is amended by adding a new section
    31  510.43 to read as follows:
    32  § 510.43 Court appearances: additional notifications.
    33    The court or, upon  direction  of  the  court,  a  certified  pretrial
    34  services agency, shall notify all principals released under non-monetary
    35  conditions  and  on  recognizance of all court appearances in advance by
    36  text message, telephone call, electronic mail or first class  mail.  The
    37  chief  administrator of the courts shall, pursuant to subdivision one of
    38  section 10.40 of this chapter, develop a form which shall be offered  to
    39  the  principal at court appearances. On such form, which upon completion
    40  shall be retained in the court file, the principal may select  one  such
    41  preferred manner of notice.
    42    §  8.  The  criminal  procedure law is amended by adding a new section
    43  510.45 to read as follows:
    44  § 510.45 Pretrial services agencies.
    45    1. The office of court  administration  shall  certify  and  regularly
    46  review  for  recertification  one  or more pretrial services agencies in
    47  each county to monitor principals  released  under  non-monetary  condi-
    48  tions.  Such office shall maintain a listing on its public website iden-
    49  tifying  by  county  each  pretrial  services agency so certified in the
    50  state.
    51    2. Every such agency shall be a public entity  under  the  supervision
    52  and  control  of  a  county or municipality or a non-profit entity under
    53  contract to the county, municipality or the state. A county  or  munici-
    54  pality  shall be authorized to enter into a contract with another county
    55  or municipality in the state to monitor  principals  under  non-monetary
    56  conditions  of  release  in its county, but counties, municipalities and

        A. 6276                            10
 
     1  the state shall not contract with any private for-profit entity for such
     2  purposes.
     3    3.  (a) Any questionnaire, instrument or tool used with a principal in
     4  the process of  considering  or  determining  the  principal's  possible
     5  release  on  recognizance,  release  under non-monetary conditions or on
     6  bail, or used with a principal in the process of considering  or  deter-
     7  mining  a condition or conditions of release or monitoring by a pretrial
     8  services agency, shall be promptly made available to the  principal  and
     9  the principal's counsel upon written request.  Any such blank form ques-
    10  tionnaire,  instrument  or  tool  regularly  used in the county for such
    11  purpose or a related purpose shall  be  made  available  to  any  person
    12  promptly upon request.
    13    (b) Any such questionnaire, instrument or tool shall be:
    14    (i)  free  from  discriminatory  and disparate impact on detention and
    15  other outcomes based on age, race, creed, color, national origin, sexual
    16  orientation, gender identity or expression, military status, sex,  mari-
    17  tal  status,  disability, or any other constitutionally protected class,
    18  regarding the use thereof; and
    19    (ii) empirically validated and regularly revalidated, with such  vali-
    20  dation and revalidation studies and all underlying data, except personal
    21  identifying  information  for  any  defendant,  publicly  available upon
    22  request.
    23    4. Monitoring by a pre-trial services agency may be ordered as a  non-
    24  monetary condition pursuant to this title only if the court finds, after
    25  notice,  an  opportunity to be heard and an individualized determination
    26  explained on the record or in writing, that no other realistic non-mone-
    27  tary condition or set of non-monetary conditions will suffice to reason-
    28  ably assure the principal's return to court.
    29    5. Each pretrial service agency  certified  by  the  office  of  court
    30  administration  pursuant  to  this section shall at the end of each year
    31  prepare and file with such office an annual  report,  which  the  office
    32  shall compile, publish on its website and make available upon request to
    33  members of the public. Such reports shall not include any personal iden-
    34  tifying  information for any individual defendants. Each such report, in
    35  addition to other relevant information, shall set  forth,  disaggregated
    36  by each county served:
    37    (a) the number of defendants monitored by the agency;
    38    (b)  the  length of time (in months) each such person was monitored by
    39  the agency prior to acquittal, dismissal, release on recognizance, revo-
    40  cation of release on conditions, and sentencing;
    41    (c) the race, ethnicity, age and sex of each person monitored;
    42    (d) the crimes with which each person monitored was charged;
    43    (e) the number of persons monitored for whom release  conditions  were
    44  modified  by the court, describing generally for each person or group of
    45  persons the type and nature of the  condition  or  conditions  added  or
    46  removed;
    47    (f)  the number of persons monitored for whom release under conditions
    48  was revoked by the court, and the basis for such revocations; and
    49    (g) the court disposition in each monitoring case, including  sentenc-
    50  ing information.
    51    §  9.  Section 510.50 of the criminal procedure law is amended to read
    52  as follows:
    53  § 510.50 Enforcement of securing order.
    54    1. When the attendance of a principal confined in the custody  of  the
    55  sheriff is required at the criminal action or proceeding at a particular
    56  time  and  place,  the court may compel such attendance by directing the

        A. 6276                            11

     1  sheriff to produce [him] the principal at such time and place.   If  the
     2  principal  is  at  liberty  on [his] the principal's own recognizance or
     3  non-monetary conditions or on bail, [his] the  principal's    attendance
     4  may  be achieved or compelled by various methods, including notification
     5  and the issuance of a bench warrant, prescribed  by  law  in  provisions
     6  governing  such matters with respect to the particular kind of action or
     7  proceeding involved.
     8    2. Except when the principal is charged with  a  new  crime  while  at
     9  liberty, absent relevant, admissible evidence demonstrating that a prin-
    10  cipal's  failure to appear for a scheduled court appearance was willful,
    11  the court, prior to issuing a bench warrant for a failure to appear  for
    12  a  scheduled  court appearance, shall provide at least forty-eight hours
    13  notice to the principal or the principal's counsel that the principal is
    14  required to appear, in order to give the  principal  an  opportunity  to
    15  appear voluntarily.
    16    § 10. Paragraph (b) of subdivision 2 of section 520.10 of the criminal
    17  procedure law, as amended by chapter 784 of the laws of 1972, is amended
    18  to read as follows:
    19    (b) The court [may] shall direct that the bail be posted in any one of
    20  [two]  three  or  more of the forms specified in subdivision one of this
    21  section, designated in the  alternative,  and  may  designate  different
    22  amounts varying with the forms[;], except that one of the forms shall be
    23  either an unsecured or partially secured surety bond, as selected by the
    24  court.
    25    §  11. Section 530.10 of the criminal procedure law is amended to read
    26  as follows:
    27  § 530.10 Order of recognizance release under non-monetary conditions  or
    28             bail; in general.
    29    Under circumstances prescribed in this article, a court, upon applica-
    30  tion of a defendant charged with or convicted of an offense, is required
    31  [or  authorized to order bail or recognizance] to issue a securing order
    32  for [the release or prospective release of] such  defendant  during  the
    33  pendency of either:
    34    1.  A criminal action based upon such charge; or
    35    2.   An appeal taken by the defendant from a judgment of conviction or
    36  a sentence or from an order of an intermediate appellate court affirming
    37  or modifying a judgment of conviction or a sentence.
    38    § 12. Subdivision 4 of section 530.11 of the criminal  procedure  law,
    39  as  added  by  chapter  186  of  the laws of 1997, is amended to read as
    40  follows:
    41    4. When a person is arrested for  an  alleged  family  offense  or  an
    42  alleged  violation  of  an  order  of  protection  or temporary order of
    43  protection or arrested pursuant to a warrant issued by  the  supreme  or
    44  family  court, and the supreme or family court, as applicable, is not in
    45  session, such person shall be brought before a local criminal  court  in
    46  the  county  of arrest or in the county in which such warrant is return-
    47  able pursuant to article one hundred twenty of this chapter. Such  local
    48  criminal  court  may issue any order authorized under subdivision eleven
    49  of section 530.12 of this article, section one hundred  fifty-four-d  or
    50  one hundred fifty-five of the family court act or subdivision three-b of
    51  section  two  hundred  forty or subdivision two-a of section two hundred
    52  fifty-two of the domestic relations  law,  in  addition  to  discharging
    53  other  arraignment  responsibilities  as  set  forth in this chapter. In
    54  making such order, the local criminal court shall consider de  novo  the
    55  [bail] recommendation and securing order, if any, made by the supreme or
    56  family  court  as  indicated  on  the warrant or certificate of warrant.

        A. 6276                            12
 
     1  Unless the petitioner or complainant requests otherwise, the  court,  in
     2  addition  to  scheduling further criminal proceedings, if any, regarding
     3  such alleged family offense or violation  allegation,  shall  make  such
     4  matter  returnable in the supreme or family court, as applicable, on the
     5  next day such court is in session.
     6    § 13. Paragraph (a) of subdivision 8 of section 530.13 of the criminal
     7  procedure law, as added by chapter 388 of the laws of 1984,  is  amended
     8  to read as follows:
     9    (a) revoke an order of recognizance, release under non-monetary condi-
    10  tions or bail and commit the defendant to custody; or
    11    §  14. The opening paragraph of subdivision 1 of section 530.13 of the
    12  criminal procedure law, as amended by chapter 137 of the laws  of  2007,
    13  is amended to read as follows:
    14    When  any  criminal  action is pending, and the court has not issued a
    15  temporary order of protection pursuant to section 530.12 of  this  arti-
    16  cle,  the  court,  in  addition to the other powers conferred upon it by
    17  this chapter, may for good  cause  shown  issue  a  temporary  order  of
    18  protection  in  conjunction  with  any  securing  order  [committing the
    19  defendant to the custody of the sheriff or as a condition of a pre-trial
    20  release, or as a condition of release on  bail]  or  an  adjournment  in
    21  contemplation of dismissal. In addition to any other conditions, such an
    22  order may require that the defendant:
    23    §  15. Subdivision 11 of section 530.12 of the criminal procedure law,
    24  as amended by chapter 498 of the laws of 1993, the opening paragraph  as
    25  amended  by chapter 597 of the laws of 1998, paragraph (a) as amended by
    26  chapter 222 of the laws of 1994, paragraph (d) as amended by chapter 644
    27  of the laws of 1996, is amended to read as follows:
    28    11. If a defendant is brought before the court for failure to obey any
    29  lawful order issued under this section, or an order of protection issued
    30  by a court of competent jurisdiction in another  state,  territorial  or
    31  tribal  jurisdiction,  and  if, after hearing, the court is satisfied by
    32  competent proof that the defendant has willfully failed to obey any such
    33  order, the court may:
    34    (a) revoke an order of  recognizance  or  release  under  non-monetary
    35  conditions  or  revoke an order of bail or order forfeiture of such bail
    36  and commit the defendant to custody; or
    37    (b) restore the case to the calendar when there has been  an  adjourn-
    38  ment  in contemplation of dismissal and commit the defendant to custody;
    39  or
    40    (c) revoke a conditional discharge in accordance with  section  410.70
    41  of this chapter and impose probation supervision or impose a sentence of
    42  imprisonment  in  accordance  with  the  penal law based on the original
    43  conviction; or
    44    (d) revoke probation in accordance with section 410.70 of this chapter
    45  and impose a sentence of imprisonment in accordance with the  penal  law
    46  based  on the original conviction. In addition, if the act which consti-
    47  tutes the violation of the order of protection  or  temporary  order  of
    48  protection  is  a crime or a violation the defendant may be charged with
    49  and tried for that crime or violation.
    50    § 16. Section 530.20 of the criminal  procedure  law,  as  amended  by
    51  chapter  531  of the laws of 1975, subparagraph (ii) of paragraph (b) of
    52  subdivision 2 as amended by chapter 218 of the laws of 1979, is  amended
    53  to read as follows:
    54  § 530.20 [Order of recognizance or bail;] Securing order by local crimi-
    55               nal court when action is pending therein.

        A. 6276                            13
 
     1    When  a  criminal  action  is  pending in a local criminal court, such
     2  court, upon application of a defendant, [must or may order  recognizance
     3  or bail] shall proceed as follows:
     4    1. [When the defendant is charged, by information, simplified informa-
     5  tion, prosecutor's information or misdemeanor complaint, with an offense
     6  or  offenses of less than felony grade only, the court must order recog-
     7  nizance or bail.] (a) In cases where the most serious offense with which
     8  the defendant stands charged in the case before the court or  a  pending
     9  case is an offense that is not a class A felony defined in the penal law
    10  or  a  felony  enumerated  in section 70.02 of the penal law (other than
    11  burglary in the second degree as defined in subdivision two  of  section
    12  140.25  of  the  penal law or robbery in the second degree as defined in
    13  subdivision one of section 160.10 of such law or reporting a false inci-
    14  dent in the second degree as defined in section 240.55 of such law) or a
    15  misdemeanor defined in article one hundred thirty of the penal law,  the
    16  court  shall  release the principal pending trial on the principal's own
    17  recognizance, unless the court finds on the record or  in  writing  that
    18  release  on  the principal's own recognizance will not reasonably assure
    19  the principal's return to court. In  such  instances,  the  court  shall
    20  release the principal under non-monetary conditions, selecting the least
    21  restrictive  alternative  and conditions that will reasonably assure the
    22  principal's return to court. The  court  shall  explain  its  choice  of
    23  alternative and conditions on the record or in writing.
    24    (b)  Except as provided in paragraph (c) of this subdivision, in cases
    25  where an offense with which the defendant stands  charged  in  the  case
    26  before  the  court  or  a pending case is a felony enumerated in section
    27  70.02 of the penal law (except burglary in the second degree as  defined
    28  in  subdivision two of section 140.25 of the penal law or robbery in the
    29  second degree as defined in subdivision one of section  160.10  of  such
    30  law  or  reporting  a  false incident in the second degree as defined in
    31  section 240.55 of such law) or a  misdemeanor  defined  in  article  one
    32  hundred  thirty of the penal law, the court, unless otherwise prohibited
    33  by law, shall release the principal pending trial on the principal's own
    34  recognizance, or release the principal under non-monetary conditions, or
    35  fix bail. In such instances, the court shall select the  least  restric-
    36  tive  alternative  that will reasonably assure the principal's return to
    37  court. The court shall explain its choice of alternative and  conditions
    38  on the record or in writing.
    39    (c)  In cases where an offense with which the defendant stands charged
    40  in the case before the court or a pending case is a felony  sex  offense
    41  as defined in section 70.80 of the penal law, a felony terrorism offense
    42  under  section  490.10,  490.15, 490.30, 490.35, 490.37, 490.40, 490.45,
    43  490.47, 490.50 or 490.55 of the penal law,  a  class  A  felony  offense
    44  defined in the penal law, a felony offense of witness intimidation under
    45  section  215.15,  215.16,  or  215.17 of the penal law, a felony offense
    46  where a required element thereof is an intent to cause serious  physical
    47  injury  or  death  to another person and causing such injury or death to
    48  such person or a third person, or a felony for which the defendant would
    49  be eligible for sentencing under section 70.08 of  the  penal  law,  the
    50  court,  unless  otherwise prohibited by law, shall release the principal
    51  pending trial under non-monetary conditions, or fix bail, or commit  the
    52  principal  to  the custody of the sheriff.  In such instances, the court
    53  shall select the least restrictive alternative and conditions that  will
    54  reasonably  assure  the  principal's  return  to  court. The court shall
    55  explain its choice of alternative and conditions on  the  record  or  in
    56  writing.

        A. 6276                            14
 
     1    (d)  Notwithstanding  the provisions of paragraphs (a), (b) and (c) of
     2  this subdivision, with respect to any charge for which bail or remand is
     3  not ordered, and for which the court would not or  could  not  otherwise
     4  require  bail  or remand, a defendant may, at any time, request that the
     5  court  set  bail  in  a nominal amount requested by the defendant in the
     6  form specified in paragraph (a) of subdivision one of section 520.10  of
     7  this title; if the court is satisfied that the request is voluntary, the
     8  court shall set such bail in such amount.
     9    2.  When the defendant is charged, by felony complaint, with a felony,
    10  the court may, in its  discretion,  order  recognizance,  release  under
    11  non-monetary  conditions,  or,  where  authorized,  bail  or  commit the
    12  defendant to the custody of the sheriff except as otherwise provided  in
    13  subdivision one of this section or this subdivision:
    14    (a) A city court, a town court or a village court may not order recog-
    15  nizance or bail when (i) the defendant is charged with a class A felony,
    16  or  (ii)  [it  appears  that]  the  defendant  has  two  previous felony
    17  convictions;
    18    (b) No local criminal court  may  order  recognizance,  release  under
    19  non-monetary conditions or bail with respect to a defendant charged with
    20  a felony unless and until:
    21    (i)    The  district  attorney  has been heard in the matter or, after
    22  knowledge or notice of the application and reasonable opportunity to  be
    23  heard,  has  failed  to appear at the proceeding or has otherwise waived
    24  his right to do so; and
    25    (ii) The court [has] and counsel for the defendant have been furnished
    26  with a report of the division of criminal  justice  services  concerning
    27  the  defendant's  criminal  record,  if any, or with a police department
    28  report with respect to  the  defendant's  prior  arrest  and  conviction
    29  record,  if  any.    If neither report is available, the court, with the
    30  consent of the district attorney, may dispense  with  this  requirement;
    31  provided,  however, that in an emergency, including but not limited to a
    32  substantial impairment in the ability of such division or police depart-
    33  ment to timely furnish such report, such consent shall not  be  required
    34  if,  for  reasons  stated on the record, the court deems it unnecessary.
    35  When the court has been furnished with any such  report  or  record,  it
    36  shall  furnish  a  copy  thereof to counsel for the defendant or, if the
    37  defendant is not represented by counsel, to the defendant.
    38    § 17. The section heading and subdivisions 1 and 2 of  section  530.30
    39  of  the  criminal procedure law, subdivision 2 as amended by chapter 762
    40  of the laws of 1971, are amended to read as follows:
    41  Order of recognizance, release under non-monetary conditions or bail; by
    42               superior court judge when action is pending in local crimi-
    43               nal court.
    44    1. When a criminal action is pending in a local criminal court,  other
    45  than  one  consisting of a superior court judge sitting as such, a judge
    46  of a superior court holding a term thereof in the county, upon  applica-
    47  tion  of a defendant, may order recognizance, release under non-monetary
    48  conditions or, where authorized, bail when such local criminal court:
    49    (a) Lacks authority to issue such an order, pursuant to [paragraph (a)
    50  of subdivision two] the relevant provisions of section  530.20  of  this
    51  article; or
    52    (b) Has denied an application for recognizance, release under non-mon-
    53  etary conditions or bail; or
    54    (c) Has fixed bail, where authorized, which is excessive; or

        A. 6276                            15
 
     1    (d)  Has set a securing order of release under non-monetary conditions
     2  which are more restrictive  than  necessary  to  reasonably  assure  the
     3  defendant's return to court.
     4    In  such  case, such superior court judge may vacate the order of such
     5  local criminal court and release the defendant on [his own] recognizance
     6  or under non-monetary conditions, or where authorized,  fix  bail  in  a
     7  lesser  amount  or  in  a  less burdensome form, whichever are the least
     8  restrictive alternative and conditions that will reasonably  assure  the
     9  defendant's  return  to  court.  The  court  shall explain its choice of
    10  alternative and conditions on the record or in writing.
    11    2.  Notwithstanding the provisions of subdivision one of this section,
    12  when the defendant is charged with a felony in a local criminal court, a
    13  superior court judge may not order recognizance, release under non-mone-
    14  tary conditions or, where authorized, bail unless and until the district
    15  attorney has had an opportunity to be heard in the matter and such judge
    16  [has] and counsel for the defendant have been furnished with a report as
    17  described in subparagraph (ii) of paragraph (b) of  subdivision  two  of
    18  section 530.20 of this article.
    19    §  18.  Section 530.40 of the criminal procedure law, subdivision 3 as
    20  amended by chapter 264 of the laws of 2003, and subdivision 4 as amended
    21  by chapter 762 of the laws of 1971, is amended to read as follows:
    22  § 530.40 Order of recognizance, release under non-monetary conditions or
    23             bail; by superior court when action is pending therein.
    24    When a criminal action is pending in a  superior  court,  such  court,
    25  upon  application of a defendant, must or may order recognizance or bail
    26  as follows:
    27    1. When the defendant is charged with an offense or offenses  of  less
    28  than  felony  grade  only,  the court must, unless otherwise provided by
    29  law, order recognizance or [bail] release under non-monetary  conditions
    30  in accordance with this section.
    31    2.  When the defendant is charged with a felony, the court may, in its
    32  discretion, order recognizance [or], release under  non-monetary  condi-
    33  tions  or,  where authorized, bail. In any such case in which an indict-
    34  ment (a) has resulted from an order of a local  criminal  court  holding
    35  the  defendant  for  the action of the grand jury, or (b) was filed at a
    36  time when a felony complaint charging the same conduct was pending in  a
    37  local  criminal court, and in which such local criminal court or a supe-
    38  rior court judge has issued an order of recognizance [or], release under
    39  non-monetary conditions or, where authorized, bail which is still effec-
    40  tive, the superior court's order may be  in  the  form  of  a  direction
    41  continuing the effectiveness of the previous order.
    42    3.  In  cases  where the most serious offense with which the defendant
    43  stands charged in the case before the court or  a  pending  case  is  an
    44  offense that is not a class A felony defined in the penal law or a felo-
    45  ny  enumerated in section 70.02 of the penal law (other than burglary in
    46  the second degree as defined in subdivision two of section 140.25 of the
    47  penal law or robbery in the second degree as defined in subdivision  one
    48  of  section  160.10  of  such  law  or reporting a false incident in the
    49  second degree as defined in section 240.55 of such law) or a misdemeanor
    50  defined in article one hundred thirty of the penal law, the court  shall
    51  release the principal pending trial on the principal's own recognizance,
    52  unless  the  court finds on the record or in writing that release on the
    53  principal's own recognizance will not reasonably assure the  principal's
    54  return  to court. In such instances, the court shall release the princi-
    55  pal under  non-monetary  conditions,  selecting  the  least  restrictive
    56  alternative  and  conditions that will reasonably assure the principal's

        A. 6276                            16
 
     1  return to court. The court shall explain its choice of  alternative  and
     2  conditions on the record or in writing.
     3    4.  Except  as  provided in subdivision five of this section, in cases
     4  where an offense with which the defendant stands  charged  in  the  case
     5  before  the  court  or  a pending case is a felony enumerated in section
     6  70.02 of the penal law (except burglary in the second degree as  defined
     7  in  subdivision two of section 140.25 of the penal law or robbery in the
     8  second degree as defined in subdivision one of section  160.10  of  such
     9  law  or  reporting  a  false incident in the second degree as defined in
    10  section 240.55 of such law) or a  misdemeanor  defined  in  article  one
    11  hundred  thirty  of the penal law the court, unless otherwise prohibited
    12  by law, shall release the principal pending trial on the principal's own
    13  recognizance, or release the principal under non-monetary conditions, or
    14  fix bail, selecting the least  restrictive  alternative  and  conditions
    15  that  will  reasonably assure the principal's return to court. The court
    16  shall explain its choice of alternative and conditions on the record  or
    17  in writing.
    18    5.  In  cases where an offense with which the defendant stands charged
    19  in the case before the court or a pending case is a felony  sex  offense
    20  as defined in section 70.80 of the penal law, a felony terrorism offense
    21  under  section  490.10,  490.15, 490.30, 490.35, 490.37, 490.40, 490.45,
    22  490.47, 490.50 or 490.55 of the penal law,  a  class  A  felony  offense
    23  defined in the penal law, a felony offense of witness intimidation under
    24  section  215.15,  215.16,  or  215.17 of the penal law, a felony offense
    25  where a required element thereof is an intent to cause serious  physical
    26  injury  or  death  to another person and causing such injury or death to
    27  such person or a third person, or a felony for which  the  defendant  is
    28  eligible for sentencing under section 70.08 of the penal law, the court,
    29  unless  otherwise prohibited by law, shall release the principal pending
    30  trial under non-monetary conditions, or fix bail, or commit the  princi-
    31  pal  to  the  custody  of  the  sheriff, selecting the least restrictive
    32  alternative and conditions that will reasonably assure  the  principal's
    33  return  to  court. The court shall explain its choice of alternative and
    34  conditions on the record or in writing.
    35    6. Notwithstanding the provisions of subdivisions three, four and five
    36  of this section, with respect to any charge for which bail or remand  is
    37  not  ordered,  and  for which the court would not or could not otherwise
    38  require bail or remand, a defendant may, at any time, request  that  the
    39  court  set  bail  in  a nominal amount requested by the defendant in the
    40  form specified in paragraph (a) of subdivision one of section 520.10  of
    41  this title; if the court is satisfied that the request is voluntary, the
    42  court shall set such bail in such amount.
    43    7.  Notwithstanding  the  provisions of [subdivision two] subdivisions
    44  two, three, four and five of this section,  a  superior  court  may  not
    45  order  recognizance,  release  under  non-monetary  conditions or, where
    46  authorized, bail, or permit a defendant to remain at liberty pursuant to
    47  an existing order, after  [he]  the  defendant  has  been  convicted  of
    48  either:  (a)  a  class  A felony or (b) any class B or class C felony as
    49  defined in article one hundred thirty of  the  penal  law  committed  or
    50  attempted  to  be  committed  by a person eighteen years of age or older
    51  against a person less than eighteen years of age.  In  either  case  the
    52  court must commit or remand the defendant to the custody of the sheriff.
    53    [4.]  8.  Notwithstanding the provisions of [subdivision two] subdivi-
    54  sions two, three, four and five of this section, a  superior  court  may
    55  not  order recognizance, release under non-monetary conditions or, where
    56  authorized, bail when the defendant is charged with a felony unless  and

        A. 6276                            17
 
     1  until  the  district  attorney has had an opportunity to be heard in the
     2  matter and such court [has] and counsel  for  the  defendant  have  been
     3  furnished  with  a report as described in subparagraph (ii) of paragraph
     4  (b) of subdivision two of section 530.20 of this article.
     5    §  19.  Subdivision 1 of section 530.45 of the criminal procedure law,
     6  as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
     7  follows:
     8    1. When the defendant is at liberty in the course of a criminal action
     9  as a result of a prior order of recognizance, release under non-monetary
    10  conditions  or  bail and the court revokes such order and then [either],
    11  where authorized, fixes no bail or fixes bail in a greater amount or  in
    12  a  more burdensome form than was previously fixed and remands or commits
    13  defendant to the custody of the sheriff, or issues  a  more  restrictive
    14  securing  order,  a judge designated in subdivision two of this section,
    15  upon application of the defendant following  conviction  of  an  offense
    16  other  than  a  class A felony or a class B or class C felony offense as
    17  defined in article one hundred thirty of  the  penal  law  committed  or
    18  attempted  to  be  committed  by a person eighteen years of age or older
    19  against a person less than eighteen years of age, and before sentencing,
    20  may issue a securing order and [either] release the defendant  on  [his]
    21  the  defendant's own recognizance, release the defendant under non-mone-
    22  tary conditions, or, where authorized, fix bail[,]  or  fix  bail  in  a
    23  lesser  amount or in a less burdensome form, or issue a less restrictive
    24  securing order, than fixed by the court  in  which  the  conviction  was
    25  entered.
    26    §  20.  Section 530.60 of the criminal procedure law, subdivision 1 as
    27  amended by chapter 565 of the laws of 2011, subdivision 2  as  added  by
    28  chapter  788  of  the laws of 1981 and paragraph (a) of subdivision 2 as
    29  amended by chapter 794 of the laws  of  1986,  is  amended  to  read  as
    30  follows:
    31  § 530.60 [Order  of  recognizance  or  bail; revocation thereof] Certain
    32              modifications of a securing order.
    33    1. Whenever in the course of a criminal action or proceeding a defend-
    34  ant is at liberty as a result of an order of recognizance, release under
    35  non-monetary conditions or bail issued pursuant to this chapter, and the
    36  court considers it necessary to review such order, [it] whether due to a
    37  motion by the people or otherwise, the court may, and except as provided
    38  in subdivision two of section 510.50 of this title concerning a  failure
    39  to appear in court, by a bench warrant if necessary, require the defend-
    40  ant  to  appear  before  the court. Upon such appearance, the court, for
    41  good cause shown, may revoke the order of  recognizance,  release  under
    42  non-monetary conditions, or bail. If the defendant is entitled to recog-
    43  nizance,  release  under non-monetary conditions, or bail as a matter of
    44  right, the court must issue another such  order.  If  [he  or  she]  the
    45  defendant is not, the court may either issue such an order or commit the
    46  defendant to the custody of the sheriff in accordance with this section.
    47    Where  the defendant is committed to the custody of the sheriff and is
    48  held on a felony complaint, a new period as provided in  section  180.80
    49  of  this  chapter shall commence to run from the time of the defendant's
    50  commitment under this subdivision.
    51    2. (a) Whenever in the course of a criminal  action  or  proceeding  a
    52  defendant  charged  with  the  commission of a felony is at liberty as a
    53  result of an order of recognizance, release  under  non-monetary  condi-
    54  tions  or  bail  issued pursuant to this article it shall be grounds for
    55  revoking such order that the court finds reasonable cause to believe the
    56  defendant committed one or more specified  class  A  or  violent  felony

        A. 6276                            18
 
     1  offenses  or  intimidated a victim or witness in violation of [sections]
     2  section 215.15, 215.16 or 215.17 of the penal law while at liberty.
     3    (b)  Except  as  provided  in paragraph (a) of this subdivision or any
     4  other law, whenever in the course of a criminal action or  proceeding  a
     5  defendant  charged  with the commission of an offense is at liberty as a
     6  result of an order of recognizance, release  under  non-monetary  condi-
     7  tions  or  bail  issued pursuant to this article it shall be grounds for
     8  revoking such order and fixing bail in such criminal action or  proceed-
     9  ing when the court has found, by clear and convincing evidence, that the
    10  defendant:
    11    (i)  persistently willfully failed to appear after notice of scheduled
    12  appearances in the case before the court; or
    13    (ii) violated an order of  protection  in  the  manner  prohibited  by
    14  subdivision  (b), (c) or (d) of section 215.51 of the penal law while at
    15  liberty; or
    16    (iii) stands charged in such criminal  action  or  proceeding  with  a
    17  misdemeanor  or  violation  and,  after  being so charged, intimidated a
    18  victim or witness in violation of section 215.15, 215.16  or  215.17  of
    19  the penal law while at liberty; or
    20    (iv)  stands  charged  in such action or proceeding with a felony and,
    21  after being so charged, committed a felony while at liberty.
    22    (c) Before revoking an order of recognizance, release under  non-mone-
    23  tary  conditions,  or  bail pursuant to this subdivision, the court must
    24  hold a hearing and shall receive any relevant, admissible  evidence  not
    25  legally  privileged.  The  defendant may cross-examine witnesses and may
    26  present relevant, admissible evidence on his own  behalf.  Such  hearing
    27  may  be  consolidated  with, and conducted at the same time as, a felony
    28  hearing conducted pursuant to article one hundred eighty of  this  chap-
    29  ter.  A transcript of testimony taken before the grand jury upon presen-
    30  tation of the subsequent offense shall be admissible as evidence  during
    31  the  hearing.    The  district attorney may move to introduce grand jury
    32  testimony of a witness in lieu of that witness' appearance at the  hear-
    33  ing.
    34    [(b)]  (d)  Revocation of an order of recognizance, release under non-
    35  monetary conditions or bail and a new  securing  order  fixing  bail  or
    36  commitment, as specified in this paragraph and pursuant to this subdivi-
    37  sion shall be for the following periods[, either]:
    38    (i)  Under  paragraph (a) of this subdivision, revocation of the order
    39  of recognizance, release under non-monetary conditions or, as  the  case
    40  may  be,  bail,  and  a new securing order fixing bail or committing the
    41  defendant to the custody of the sheriff shall be as follows:
    42    [(i)] (A) For a period not to exceed  ninety  days  exclusive  of  any
    43  periods of adjournment requested by the defendant; or
    44    [(ii)]  (B)  Until the charges contained within the accusatory instru-
    45  ment have been reduced or dismissed such that  no  count  remains  which
    46  charges the defendant with commission of a felony; or
    47    [(iii)]  (C)  Until  reduction  or  dismissal of the charges contained
    48  within the accusatory instrument charging the  subsequent  offense  such
    49  that  no  count remains which charges the defendant with commission of a
    50  class A or violent felony offense.
    51    Upon expiration of any of the  three  periods  specified  within  this
    52  [paragraph]  subparagraph, whichever is shortest, the court may grant or
    53  deny release upon an order of bail or recognizance  in  accordance  with
    54  the  provisions  of  this  article.  Upon  conviction  to an offense the
    55  provisions  of  article  five  hundred  thirty  of  this  chapter  shall
    56  apply[.]; and

        A. 6276                            19
 
     1    [(c)]  (ii) Under paragraph (b) of this subdivision, revocation of the
     2  order of recognizance, release under non-monetary conditions or, as  the
     3  case  may  be, bail shall result in the issuance of a new securing order
     4  which may, if  otherwise  authorized  by  law,  permit  the  principal's
     5  release  on  recognizance  or release under non-monetary conditions, but
     6  shall also render the  defendant  eligible  for  an  order  fixing  bail
     7  provided,  however, that in accordance with the principles in this title
     8  the court must select the least restrictive alternative and condition or
     9  conditions that will reasonably assure the principal's return to  court.
    10  Nothing  in  this  subparagraph  shall  be interpreted as shortening the
    11  period of detention, or requiring or authorizing  any  less  restrictive
    12  form  of  a  securing  order, which may be imposed pursuant to any other
    13  law.
    14    (e) Notwithstanding the provisions of paragraph (a)  or  (b)  of  this
    15  subdivision  a defendant, against whom a felony complaint has been filed
    16  which charges the defendant with commission of  a  class  A  or  violent
    17  felony  offense  or violation of section 215.15, 215.16 or 215.17 of the
    18  penal law committed while he was at liberty as specified therein, may be
    19  committed to the custody of the sheriff pending a revocation hearing for
    20  a period not to exceed seventy-two hours. An additional  period  not  to
    21  exceed seventy-two hours may be granted by the court upon application of
    22  the  district attorney upon a showing of good cause or where the failure
    23  to commence the hearing was due to the defendant's request  or  occurred
    24  with  his  consent. Such good cause must consist of some compelling fact
    25  or circumstance  which  precluded  conducting  the  hearing  within  the
    26  initial prescribed period.
    27    § 21. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
    28  procedure law, as amended by chapter 258 of the laws of 2015, is amended
    29  to read as follows:
    30    (a)  If  at any time during the defendant's participation in the judi-
    31  cial diversion program, the court has reasonable grounds to believe that
    32  the defendant has violated a release condition in an  important  respect
    33  or  has  willfully  failed  to appear before the court as requested, the
    34  court except as provided in subdivision two of section  510.50  of  this
    35  chapter  regarding  a  failure  to appear, shall direct the defendant to
    36  appear or issue a bench warrant to a police officer  or  an  appropriate
    37  peace  officer  directing  him or her to take the defendant into custody
    38  and bring the defendant before  the  court  without  unnecessary  delay;
    39  provided,  however,  that  under  no circumstances shall a defendant who
    40  requires treatment for opioid abuse or  dependence  be  deemed  to  have
    41  violated a release condition on the basis of his or her participation in
    42  medically  prescribed  drug  treatments  under the care of a health care
    43  professional licensed or certified under title eight  of  the  education
    44  law,  acting  within  his or her lawful scope of practice.  The relevant
    45  provisions of [subdivision one of] section 530.60 of this chapter relat-
    46  ing to [revocation of recognizance or bail] issuance of securing  orders
    47  shall apply to such proceedings under this subdivision.
    48    §  22.  The opening paragraph of section 240.44 of the criminal proce-
    49  dure law, as added by chapter 558 of the laws of  1982,  is  amended  to
    50  read as follows:
    51    Subject to a  protective order, at a pre-trial hearing held in a crim-
    52  inal  court at which a witness is called to testify, each party, [at the
    53  conclusion] prior to the commencement of the direct examination of  each
    54  of its witnesses, shall, upon request of the other party, make available
    55  to that party to the extent not previously disclosed:

        A. 6276                            20
 
     1    §  23.  Section  410.60  of  the criminal procedure law, as amended by
     2  chapter 652 of the laws of 2008, is amended to read as follows:
     3  § 410.60 Appearance before court.
     4    A person who has been taken into custody pursuant to section 410.40 or
     5  section  410.50  of  this  article  for  violation  of  a condition of a
     6  sentence of probation or a sentence of conditional discharge must forth-
     7  with be brought before the court that  imposed  the  sentence.  Where  a
     8  violation of probation petition and report has been filed and the person
     9  has  not  been  taken  into  custody  nor  has a warrant been issued, an
    10  initial court appearance shall occur within ten  business  days  of  the
    11  court's  issuance  of  a  notice  to appear. If the court has reasonable
    12  cause to believe that such  person  has  violated  a  condition  of  the
    13  sentence,  it may commit [him] such person to the custody of the sheriff
    14  [or], fix bail, release such person  under  non-monetary  conditions  or
    15  release  such  person on [his] such person's own recognizance for future
    16  appearance at a hearing to be held in accordance with section 410.70  of
    17  this  article.  If  the  court does not have reasonable cause to believe
    18  that such person has violated a  condition  of  the  sentence,  it  must
    19  direct that [he] such person be released.
    20    § 24. Subdivision 3 of section 620.50 of the criminal procedure law is
    21  amended to read as follows:
    22    3. A material witness order must be executed as follows:
    23    (a)    If  the  bail  is posted and approved by the court, the witness
    24  must, as provided in subdivision [three] two of section 510.40  of  this
    25  part,  be released and be permitted to remain at liberty; provided that,
    26  where the bail is posted by a person other than the witness himself,  he
    27  may not be so released except upon his signed written consent thereto;
    28    (b)  If the bail is not posted, or if though posted it is not approved
    29  by  the  court, the witness must, as provided in subdivision [three] two
    30  of section 510.40 of this part, be committed to the custody of the sher-
    31  iff.
    32    § 25. This act shall take effect on the thirtieth day after  it  shall
    33  have become a law.
Go to top