Rpld §150.10 sub 3, §500.10 subs 3-a, 3-b, 21 & 22, §530.45 sub 2-a, §§150.80, 510.43, 510.45, 530.20 &
530.40, amd CP L, generally; add §844, rpld §837-u, Exec L; rpld §216 sub 5, Judy L
Enacts into law components of legislation relating to certain criminal justice reform in the state of New York; establishes law enforcement officer grant funds (Part A); provides judges more discretion regarding securing orders and limiting the lengths of certain orders (Part B); requires affirmative consent for the disclosure of contact information of witnesses to a defendant; provides that denial of such consent shall only be for good cause as determined by the court (Part C); relates to consideration of the death penalty for the commission of certain provisions of murder in the first degree (Part D).
STATE OF NEW YORK
________________________________________________________________________
1830
2023-2024 Regular Sessions
IN SENATE
January 17, 2023
___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the executive law, in relation to law enforcement offi-
cer grant funds (Part A); to amend the criminal procedure law, in
relation to providing judges more discretion regarding securing orders
and limiting the lengths of certain orders; and to repeal certain
provisions of the criminal procedure law, the judiciary law and the
executive law relating thereto (Part B); to amend the criminal proce-
dure law, in relation to requiring affirmative consent for the disclo-
sure of contact information of witnesses to a defendant (Part C); and
to amend the criminal procedure law, in relation to consideration of
the death penalty for the commission of certain provisions of murder
in the first degree (Part D)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law components of legislation relating
2 to certain criminal justice reform in the state of New York. Each
3 component is wholly contained within a Part identified as Parts A
4 through D. The effective date for each particular provision contained
5 within such Part is set forth in the last section of such Part. Any
6 provision in any section contained within a Part, including the effec-
7 tive date of the Part, which makes reference to a section "of this act",
8 when used in connection with that particular component, shall be
9 deemed to mean and refer to the corresponding section of the Part in
10 which it is found. Section three of this act sets forth the general
11 effective date of this act.
12 PART A
13 Section 1. The executive law is amended by adding a new section 844 to
14 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05170-01-3
S. 1830 2
1 § 844. Law enforcement officer grant funds. 1. Within amounts appro-
2 priated for such purpose, in the years two thousand twenty-four, two
3 thousand twenty-five and two thousand twenty-six, one hundred million
4 dollars shall be available and allocated each year pursuant to subdivi-
5 sions two and three of this section and shall be paid to cover all
6 expenses related to hiring law enforcement officers, including any bene-
7 fits provided to such officers through employment with their respective
8 law enforcement agency.
9 2. Eighty million dollars of the funds allocated pursuant to subdivi-
10 sion one of this section shall be available to law enforcement agencies
11 for the purpose of hiring new police officers or re-hiring police offi-
12 cers who have been laid off, hiring members of the armed forces to serve
13 as law enforcement officers in crime prevention, and supporting non-hir-
14 ing initiatives, such as training law enforcement officers in crime
15 prevention, community policing techniques, and developing technologies
16 that support crime prevention strategies. Eligible law enforcement
17 agencies shall be eligible for up to ninety percent of the costs associ-
18 ated with such hiring or non-hiring initiatives; provided, however that
19 such law enforcement agencies shall commit to employing such officers
20 for at least five years, retaining such officers for at least two addi-
21 tional years after the three years of grant funding expires.
22 3. Twenty million dollars of the funds allocated pursuant to subdivi-
23 sion one of this section shall be available to law enforcement agencies
24 for the purchase of equipment, such as firearms, riot gear, and protec-
25 tive vests; provided, however, that such grant funds shall not be
26 expended on the purchase or maintenance of police cruisers or other
27 vehicles used by law enforcement agencies.
28 4. The commissioner, in cooperation with the attorney general and the
29 superintendent of state police, shall establish eligibility criteria and
30 the application process for the grants provided for pursuant to this
31 section. Grant information and application forms shall be made avail-
32 able through the New York state grants gateway.
33 § 2. This act shall take effect immediately.
34 PART B
35 Section 1. Subdivision 3 of section 150.10 of the criminal procedure
36 law is REPEALED.
37 § 2. Subdivision 1 of section 1.20 of the criminal procedure law, as
38 amended by chapter 450 of the laws of 2019, is amended to read as
39 follows:
40 1. "Accusatory instrument" means[: (a)] an indictment, an indictment
41 ordered reduced pursuant to subdivision one-a of section 210.20 of this
42 [chapter] part, an information, a simplified information, a prosecutor's
43 information, a superior court information, a misdemeanor complaint or a
44 felony complaint. Every accusatory instrument, regardless of the person
45 designated therein as accuser, constitutes an accusation on behalf of
46 the state as plaintiff and must be entitled "the people of the state of
47 New York" against a designated person, known as the defendant[; and
48 (b) an appearance ticket issued for a parking infraction when (i) such
49 ticket is based on personal knowledge or information and belief of the
50 police officer or other public servant who issues the ticket, (ii) the
51 police officer or other public servant who issues such ticket verifies
52 that false statements made therein are punishable as a class A misdemea-
53 nor, (iii) the infraction or infractions contained therein are stated in
54 detail and not in conclusory terms so as to provide the defendant with
S. 1830 3
1 sufficient notice including, but not limited, to the applicable
2 provision of law allegedly violated, and the date, time and particular
3 place of the alleged infraction, and (iv) such ticket contains: (1) the
4 license plate designation of the ticketed vehicle, (2) the license plate
5 type of the ticketed vehicle, (3) the expiration of the ticketed vehi-
6 cle's registration, (4) the make or model of the ticketed vehicle, and
7 (5) the body type of the ticketed vehicle, provided, however, that where
8 the plate type or the expiration date are not shown on either the regis-
9 tration plates or sticker of a vehicle or where the registration sticker
10 is covered, faded, defaced or mutilated so that it is unreadable, the
11 plate type or the expiration date may be omitted, provided, further,
12 however, that such condition must be so described and inserted on the
13 instrument].
14 § 3. Subdivision 1 of section 150.20 of the criminal procedure law, as
15 amended by section 1-a of part JJJ of chapter 59 of the laws of 2019,
16 subparagraph (viii) of paragraph (b) as amended and subparagraphs (ix),
17 (x) and (xi) of paragraph (b) as added by section 1 of subpart B of part
18 UU of chapter 56 of the laws of 2022, is amended to read as follows:
19 1. [(a)] Whenever a police officer is authorized pursuant to section
20 140.10 of this title to arrest a person without a warrant for an offense
21 other than a class A, B, C or D felony or a violation of section 130.25,
22 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, he [shall,
23 except as set out in paragraph (b) of this subdivision] or she may,
24 subject to the provisions of subdivisions three and four of section
25 150.40 of this [title] article, instead issue to and serve upon such
26 person an appearance ticket.
27 [(b) An officer is not required to issue an appearance ticket if:
28 (i) the person has one or more outstanding local criminal court or
29 superior court warrants;
30 (ii) the person has failed to appear in court proceedings in the last
31 two years;
32 (iii) the person has been given a reasonable opportunity to make their
33 verifiable identity and a method of contact known, and has been unable
34 or unwilling to do so, so that a custodial arrest is necessary to
35 subject the individual to the jurisdiction of the court. For the
36 purposes of this section, an officer may rely on various factors to
37 determine a person's identity, including but not limited to personal
38 knowledge of such person, such person's self-identification, or photo-
39 graphic identification. There is no requirement that a person present
40 photographic identification in order to be issued an appearance ticket
41 in lieu of arrest where the person's identity is otherwise verifiable;
42 however, if offered by such person, an officer shall accept as evidence
43 of identity the following: a valid driver's license or non-driver iden-
44 tification card issued by the commissioner of motor vehicles, the feder-
45 al government, any United States territory, commonwealth or possession,
46 the District of Columbia, a state government or municipal government
47 within the United States or a provincial government of the dominion of
48 Canada; a valid passport issued by the United States government or any
49 other country; an identification card issued by the armed forces of the
50 United States; a public benefit card, as defined in paragraph (a) of
51 subdivision one of section 158.00 of the penal law;
52 (iv) the person is charged with a crime between members of the same
53 family or household, as defined in subdivision one of section 530.11 of
54 this chapter;
55 (v) the person is charged with a crime defined in article 130 of the
56 penal law;
S. 1830 4
1 (vi) it reasonably appears the person should be brought before the
2 court for consideration of issuance of an order of protection, pursuant
3 to section 530.13 of this chapter, based on the facts of the crime or
4 offense that the officer has reasonable cause to believe occurred;
5 (vii) the person is charged with a crime for which the court may
6 suspend or revoke his or her driver license;
7 (viii) it reasonably appears to the officer, based on the observed
8 behavior of the individual in the present contact with the officer and
9 facts regarding the person's condition that indicates a sign of distress
10 to such a degree that the person would face harm without immediate
11 medical or mental health care, that bringing the person before the court
12 would be in such person's interest in addressing that need; provided,
13 however, that before making the arrest, the officer shall make all
14 reasonable efforts to assist the person in securing appropriate
15 services;
16 (ix) the person is eighteen years of age or older and charged with
17 criminal possession of a weapon on school grounds as defined in section
18 265.01-a of the penal law;
19 (x) the person is eighteen years of age or older and charged with a
20 hate crime as defined in section 485.05 of the penal law; or
21 (xi) the offense is a qualifying offense pursuant to paragraph (t) of
22 subdivision four of section 510.10 of this chapter, or pursuant to para-
23 graph (t) of subdivision four of section 530.40 of this chapter.]
24 § 4. The criminal procedure law is amended by adding a new section
25 150.30 to read as follows:
26 § 150.30 Appearance ticket; issuance and service thereof after arrest
27 upon posting of pre-arraignment bail.
28 1. Issuance and service of an appearance ticket by a police officer
29 following an arrest without a warrant, as prescribed in subdivision two
30 of section 150.20 of this article, may be made conditional upon the
31 posting of a sum of money, known as pre-arraignment bail. In such case,
32 the bail becomes forfeit upon failure of such person to comply with the
33 directions of the appearance ticket. The person posting such bail must
34 complete and sign a form which states (a) the name, residential address
35 and occupation of each person posting cash bail; and (b) the title of
36 the criminal action or proceeding involved; and (c) the offense or
37 offenses which are the subjects of the action or proceeding involved,
38 and the status of such action or proceeding; and (d) the name of the
39 principal and the nature of his or her involvement in or connection with
40 such action or proceeding; and (e) the date of the principal's next
41 appearance in court; and (f) an acknowledgement that the cash bail will
42 be forfeited if the principal does not comply with the directions of the
43 appearance ticket; and (g) the amount of money posted as cash bail. Such
44 pre-arraignment bail may be posted as provided in subdivision two or
45 three of this section.
46 2. A desk officer in charge at a police station, county jail, or
47 police headquarters, or any of his or her superior officers, may in such
48 place, fix pre-arraignment bail, in an amount prescribed in this subdi-
49 vision, and upon the posting thereof must issue and serve an appearance
50 ticket upon the arrested person, give a receipt for the bail, and
51 release such person from custody. Such pre-arraignment bail may be fixed
52 in the following amounts:
53 (a) If the arrest was for a class E felony, any amount not exceeding
54 seven hundred fifty dollars.
55 (b) If the arrest was for a class A misdemeanor, any amount not
56 exceeding five hundred dollars.
S. 1830 5
1 (c) If the arrest was for a class B misdemeanor or an unclassified
2 misdemeanor, any amount not exceeding two hundred fifty dollars.
3 (d) If the arrest was for a petty offense, any amount not exceeding
4 one hundred dollars.
5 3. A police officer, who has arrested a person without a warrant
6 pursuant to subdivision two of section 150.20 of this article for a
7 traffic infraction, may, where he or she reasonably believes that such
8 arrested person is not licensed to operate a motor vehicle by this state
9 or any state covered by a reciprocal compact guaranteeing appearance as
10 is provided in section five hundred seventeen of the vehicle and traffic
11 law, fix pre-arraignment bail in the amount of fifty dollars; provided,
12 however, such bail shall be posted by means of a credit card or similar
13 device. Upon the posting thereof, said officer must issue and serve an
14 appearance ticket upon the arrested person, give a receipt for the bail,
15 and release such person from custody.
16 4. The chief administrator of the courts shall establish a system for
17 the posting of pre-arraignment bail by means of credit card or similar
18 device, as is provided by section two hundred twelve of the judiciary
19 law. The head of each police department or police force and of any state
20 department, agency, board, commission or public authority having police
21 officers who fix pre-arraignment bail as provided herein may elect to
22 use the system established by the chief administrator or may establish
23 such other system for the posting of pre-arraignment bail by means of
24 credit card or similar device as he or she may deem appropriate.
25 § 5. Subdivision 1 of section 150.40 of the criminal procedure law, as
26 amended by section 8 of part UU of chapter 56 of the laws of 2020, is
27 amended to read as follows:
28 1. An appearance ticket must be made returnable [at a date as soon as
29 possible, but in no event later than twenty days from the date of issu-
30 ance; or at the next scheduled session of the appropriate local criminal
31 court if such session is scheduled to occur more than twenty days from
32 the date of issuance; or at a later date, with the court's permission
33 due to enrollment in a pre-arraignment diversion program. The appearance
34 ticket shall be made returnable] in a local criminal court designated in
35 section 100.55 of this title as one with which an information for the
36 offense in question may be filed.
37 § 6. Subdivision 1 of section 150.50 of the criminal procedure law, as
38 amended by chapter 450 of the laws of 2019, is amended to read as
39 follows:
40 1. A police officer or other public servant who has issued and served
41 an appearance ticket must, at or before the time such appearance ticket
42 is returnable, file or cause to be filed with the local criminal court
43 in which it is returnable a local criminal court accusatory instrument
44 charging the person named in such appearance ticket with the offense
45 specified therein[; provided, however, that no separate accusatory
46 instrument shall be required to be filed for an appearance ticket issued
47 for a parking infraction which conforms to the requirements set forth in
48 paragraph (b) of subdivision one of section 1.20 of this chapter]. Noth-
49 ing herein contained shall authorize the use of a simplified information
50 when not authorized by law.
51 § 7. Section 150.80 of the criminal procedure law is REPEALED.
52 § 8. Subdivisions 3-a, 3-b, 21 and 22 of section 500.10 of the crimi-
53 nal procedure law are REPEALED.
54 § 9. Subdivisions 5, 6, 7 and 9 of section 500.10 of the criminal
55 procedure law, as amended by section 1-e of part JJJ of chapter 59 of
56 the laws of 2019, are amended to read as follows:
S. 1830 6
1 5. "Securing order" means an order of a court committing a principal
2 to the custody of the sheriff or fixing bail, [where authorized,] or
3 releasing the principal on the principal's own recognizance [or releas-
4 ing the principal under non-monetary conditions].
5 6. "Order of recognizance or bail" means a securing order releasing a
6 principal on the principal's own recognizance or [under non-monetary
7 conditions or, where authorized,] fixing bail.
8 7. "Application for recognizance or bail" means an application by a
9 principal that the court, instead of committing the principal to or
10 retaining the principal in the custody of the sheriff, either release
11 the principal on the principal's own recognizance[, release under non-
12 monetary conditions, or, where authorized,] or fix bail.
13 9. "Bail" means cash bail[,] or a bail bond [or money paid with a
14 credit card].
15 § 10. Section 510.10 of the criminal procedure law, as amended by
16 section 2 of part JJJ of chapter 59 of the laws of 2019, subdivision 1
17 as amended by section 1 of subpart C of part UU of chapter 56 of the
18 laws of 2022, subdivision 4 as amended by section 2 of part UU of chap-
19 ter 56 of the laws of 2020 and paragraphs (s) and (t) of subdivision 4
20 as amended and paragraph (u) of subdivision 4 as added by section 2 of
21 subpart B of part UU of chapter 56 of the laws of 2022, is amended to
22 read as follows:
23 § 510.10 Securing order; when required[; alternatives available; stand-
24 ard to be applied].
25 1. When a principal, whose future court attendance at a criminal
26 action or proceeding is or may be required, initially comes under the
27 control of a court, such court shall[, in accordance with this title,]
28 by a securing order, either release the principal on the principal's own
29 recognizance, [release the principal under non-monetary conditions, or,
30 where authorized,] fix bail or commit the principal to the custody of
31 the sheriff. [In all such cases, except where another type of securing
32 order is shown to be required by law, the court shall release the prin-
33 cipal pending trial on the principal's own recognizance, unless it is
34 demonstrated and the court makes an individualized determination that
35 the principal poses a risk of flight to avoid prosecution. If such a
36 finding is made, the court must select the least restrictive alternative
37 and condition or conditions that will reasonably assure the principal's
38 return to court. The court shall explain its choice of release, release
39 with conditions, bail or remand on the record or in writing. In making
40 its determination, the court must consider and take into account avail-
41 able information about the principal, including:
42 (a) The principal's activities and history;
43 (b) If the principal is a defendant, the charges facing the principal;
44 (c) The principal's criminal conviction record if any;
45 (d) The principal's record of previous adjudication as a juvenile
46 delinquent, as retained pursuant to section 354.1 of the family court
47 act, or, of pending cases where fingerprints are retained pursuant to
48 section 306.1 of such act, or a youthful offender, if any;
49 (e) The principal's previous record with respect to flight to avoid
50 criminal prosecution;
51 (f) If monetary bail is authorized, according to the restrictions set
52 forth in this title, the principal's individual financial circumstances,
53 and, in cases where bail is authorized, the principal's ability to post
54 bail without posing undue hardship, as well as his or her ability to
55 obtain a secured, unsecured, or partially secured bond;
S. 1830 7
1 (g) Any violation by the principal of an order of protection issued by
2 any court;
3 (h) The principal's history of use or possession of a firearm;
4 (i) Whether the charge is alleged to have caused serious harm to an
5 individual or group of individuals; and
6 (j) If the principal is a defendant, in the case of an application for
7 a securing order pending appeal, the merit or lack of merit of the
8 appeal.
9 2. A principal is entitled to representation by counsel under this
10 chapter in preparing an application for release, when a securing order
11 is being considered and when a securing order is being reviewed for
12 modification, revocation or termination. If the principal is financially
13 unable to obtain counsel, counsel shall be assigned to the principal.
14 3. In cases other than as described in subdivision four of this
15 section the court shall release the principal pending trial on the prin-
16 cipal's own recognizance, unless the court finds on the record or in
17 writing that release on the principal's own recognizance will not
18 reasonably assure the principal's return to court. In such instances,
19 the court shall release the principal under non-monetary conditions,
20 selecting 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 4. Where the principal stands charged with a qualifying offense, the
25 court, unless otherwise prohibited by law, may in its discretion release
26 the principal pending trial on the principal's own recognizance or under
27 non-monetary conditions, fix bail, or, where the defendant is charged
28 with a qualifying offense which is a felony, the court may commit the
29 principal to the custody of the sheriff. A principal stands charged with
30 a qualifying offense for the purposes of this subdivision when he or she
31 stands charged with:
32 (a) a felony enumerated in section 70.02 of the penal law, other than
33 robbery in the second degree as defined in subdivision one of section
34 160.10 of the penal law, provided, however, that burglary in the second
35 degree as defined in subdivision two of section 140.25 of the penal law
36 shall be a qualifying offense only where the defendant is charged with
37 entering the living area of the dwelling;
38 (b) a crime involving witness intimidation under section 215.15 of the
39 penal law;
40 (c) a crime involving witness tampering under section 215.11, 215.12
41 or 215.13 of the penal law;
42 (d) a class A felony defined in the penal law, provided that for class
43 A felonies under article two hundred twenty of the penal law, only class
44 A-I felonies shall be a qualifying offense;
45 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
46 the penal law, or a felony sex offense defined in section 70.80 of the
47 penal law, or a crime involving incest as defined in section 255.25,
48 255.26 or 255.27 of such law, or a misdemeanor defined in article one
49 hundred thirty of such law;
50 (f) conspiracy in the second degree as defined in section 105.15 of
51 the penal law, where the underlying allegation of such charge is that
52 the defendant conspired to commit a class A felony defined in article
53 one hundred twenty-five of the penal law;
54 (g) money laundering in support of terrorism in the first degree as
55 defined in section 470.24 of the penal law; money laundering in support
56 of terrorism in the second degree as defined in section 470.23 of the
S. 1830 8
1 penal law; money laundering in support of terrorism in the third degree
2 as defined in section 470.22 of the penal law; money laundering in
3 support of terrorism in the fourth degree as defined in section 470.21
4 of the penal law; or a felony crime of terrorism as defined in article
5 four hundred ninety of the penal law, other than the crime defined in
6 section 490.20 of such law;
7 (h) criminal contempt in the second degree as defined in subdivision
8 three of section 215.50 of the penal law, criminal contempt in the first
9 degree as defined in subdivision (b), (c) or (d) of section 215.51 of
10 the penal law or aggravated criminal contempt as defined in section
11 215.52 of the penal law, and the underlying allegation of such charge of
12 criminal contempt in the second degree, criminal contempt in the first
13 degree or aggravated criminal contempt is that the defendant violated a
14 duly served order of protection where the protected party is a member of
15 the defendant's same family or household as defined in subdivision one
16 of section 530.11 of this title;
17 (i) facilitating a sexual performance by a child with a controlled
18 substance or alcohol as defined in section 263.30 of the penal law, use
19 of a child in a sexual performance as defined in section 263.05 of the
20 penal law or luring a child as defined in subdivision one of section
21 120.70 of the penal law, promoting an obscene sexual performance by a
22 child as defined in section 263.10 of the penal law or promoting a sexu-
23 al performance by a child as defined in section 263.15 of the penal law;
24 (j) any crime that is alleged to have caused the death of another
25 person;
26 (k) criminal obstruction of breathing or blood circulation as defined
27 in section 121.11 of the penal law, strangulation in the second degree
28 as defined in section 121.12 of the penal law or unlawful imprisonment
29 in the first degree as defined in section 135.10 of the penal law, and
30 is alleged to have committed the offense against a member of the defend-
31 ant's same family or household as defined in subdivision one of section
32 530.11 of this title;
33 (l) aggravated vehicular assault as defined in section 120.04-a of the
34 penal law or vehicular assault in the first degree as defined in section
35 120.04 of the penal law;
36 (m) assault in the third degree as defined in section 120.00 of the
37 penal law or arson in the third degree as defined in section 150.10 of
38 the penal law, when such crime is charged as a hate crime as defined in
39 section 485.05 of the penal law;
40 (n) aggravated assault upon a person less than eleven years old as
41 defined in section 120.12 of the penal law or criminal possession of a
42 weapon on school grounds as defined in section 265.01-a of the penal
43 law;
44 (o) grand larceny in the first degree as defined in section 155.42 of
45 the penal law, enterprise corruption as defined in section 460.20 of the
46 penal law, or money laundering in the first degree as defined in section
47 470.20 of the penal law;
48 (p) failure to register as a sex offender pursuant to section one
49 hundred sixty-eight-t of the correction law or endangering the welfare
50 of a child as defined in subdivision one of section 260.10 of the penal
51 law, where the defendant is required to maintain registration under
52 article six-C of the correction law and designated a level three offen-
53 der pursuant to subdivision six of section one hundred sixty-eight-l of
54 the correction law;
S. 1830 9
1 (q) a crime involving bail jumping under section 215.55, 215.56 or
2 215.57 of the penal law, or a crime involving escaping from custody
3 under section 205.05, 205.10 or 205.15 of the penal law;
4 (r) any felony offense committed by the principal while serving a
5 sentence of probation or while released to post release supervision;
6 (s) a felony, where the defendant qualifies for sentencing on such
7 charge as a persistent felony offender pursuant to section 70.10 of the
8 penal law;
9 (t) any felony or class A misdemeanor involving harm to an identifi-
10 able person or property, or any charge of criminal possession of a
11 firearm as defined in section 265.01-b of the penal law, where such
12 charge arose from conduct occurring while the defendant was released on
13 his or her own recognizance, released under conditions, or had yet to be
14 arraigned after the issuance of a desk appearance ticket for a separate
15 felony or class A misdemeanor involving harm to an identifiable person
16 or property, or any charge of criminal possession of a firearm as
17 defined in section 265.01-b of the penal law, provided, however, that
18 the prosecutor must show reasonable cause to believe that the defendant
19 committed the instant crime and any underlying crime. For the purposes
20 of this subparagraph, any of the underlying crimes need not be a quali-
21 fying offense as defined in this subdivision. For the purposes of this
22 paragraph, "harm to an identifiable person or property" shall include
23 but not be limited to theft of or damage to property. However, based
24 upon a review of the facts alleged in the accusatory instrument, if the
25 court determines that such theft is negligible and does not appear to be
26 in furtherance of other criminal activity, the principal shall be
27 released on his or her own recognizance or under appropriate non-mone-
28 tary conditions; or
29 (u) criminal possession of a weapon in the third degree as defined in
30 subdivision three of section 265.02 of the penal law or criminal sale of
31 a firearm to a minor as defined in section 265.16 of the penal law.
32 5. Notwithstanding the provisions of subdivisions three and four of
33 this section, with respect to any charge for which bail or remand is not
34 ordered, and for which the court would not or could not otherwise
35 require bail or remand, a defendant may, at any time, request that the
36 court set bail in a nominal amount requested by the defendant in the
37 form specified in paragraph (a) of subdivision one of section 520.10 of
38 this title; if the court is satisfied that the request is voluntary, the
39 court shall set such bail in such amount.
40 6.] When a securing order is revoked or otherwise terminated in the
41 course of an uncompleted action or proceeding but the principal's future
42 court attendance still is or may be required and the principal is still
43 under the control of a court, a new securing order must be issued. When
44 the court revokes or otherwise terminates a securing order which commit-
45 ted the principal to the custody of the sheriff, the court shall give
46 written notification to the sheriff of such revocation or termination of
47 the securing order.
48 2. The court shall release the principal on personal recognizance or
49 on bail unless the court makes an individualized determination that: (a)
50 the principal poses a risk of flight to avoid prosecution; (b) the prin-
51 cipal poses a risk of failing to appear in court based on the princi-
52 pal's record of a prior criminal conviction or failure to appear in
53 prior court proceedings; or (c) the principal poses a risk of endanger-
54 ing the safety of any other person or the community. If the court finds
55 that the principal poses a risk of flight or a risk of failure to appear
56 but does not pose a risk of endangering the safety of any other person
S. 1830 10
1 or the community, the court shall release the principal subject to the
2 lowest reasonable bail and/or the least restrictive further condition or
3 combination of conditions that will reasonably ensure the appearance of
4 the principal considering the nature and circumstances of the charged
5 offense, the weight of the evidence, the history and characteristics of
6 the principal, and the nature and seriousness of the danger posed by the
7 principal's release. If the court determines that no condition or combi-
8 nation of conditions will reasonably assure the appearance of the prin-
9 cipal and the safety of any other person of the community, the court
10 shall order detention without bail.
11 3. If the principal is arrested during the interim period while await-
12 ing a preliminary hearing or trial, the court shall revoke or otherwise
13 terminate the securing order and issue a new securing order taking into
14 account the subsequent arrest.
15 4. (a) All securing orders issued under this section where the princi-
16 pal is incarcerated solely because of said order shall be reviewed and
17 re-evaluated by the court no later than:
18 (i) every four weeks thereafter where a class A misdemeanor is the
19 highest grade offense;
20 (ii) every six weeks thereafter where a class E felony is the highest
21 grade offense;
22 (iii) every eight weeks thereafter where a class D felony is the high-
23 est grade offense;
24 (iv) every ten weeks thereafter where a class C felony is the highest
25 grade offense; or
26 (v) every twelve weeks thereafter where a class B felony is the high-
27 est grade offense.
28 (b) Upon such review or re-evaluation, the court shall reconsider
29 whether the principal should be released on personal recognizance or
30 upon posting reduced bail in the interests of justice after considering
31 the length of time the principal has already been incarcerated, the
32 likely sentence that would be imposed if the principal were found guilty
33 or plead guilty to the charged offense, the nature and circumstances of
34 the charged offense, the weight of the evidence, the history and charac-
35 teristics of the principal, the nature and seriousness of the danger
36 posed by the principal's release, and whether the principal should be
37 released subject to a further condition, or combination of conditions,
38 that reasonably justifies the release of the principal on personal
39 recognizance or reduced bail, and such other factors in the interests of
40 justice as reasonably determined by the court based on an individualized
41 determination as to whether and to what extent that the principal
42 continues to pose a risk of flight to avoid prosecution, continues to
43 pose a risk of failing to appear in court based on the principal's
44 record of a prior criminal conviction or failure to appear in prior
45 court proceedings, or continues to pose a risk of endangering the safety
46 of any other person or the community. If the court determines that no
47 condition or combination of conditions will reasonably ensure the
48 appearance of the principal and the safety of any other person of the
49 community, the court shall continue to detain the principal without bail
50 or without a reduction in the amount of the bail.
51 § 11. Section 510.20 of the criminal procedure law, as amended by
52 section 3 of part JJJ of chapter 59 of the laws of 2019, is amended to
53 read as follows:
54 § 510.20 Application for [a change in securing order] recognizance or
55 bail; making and determination thereof in general.
S. 1830 11
1 1. Upon any occasion when a court [has issued] is required to issue a
2 securing order with respect to a principal [and the], or at any time
3 when a principal is confined in the custody of the sheriff as a result
4 of the securing order or a previously issued securing order, the princi-
5 pal may make an application for recognizance[, release under non-mone-
6 tary conditions] or bail.
7 2. [(a) The principal is entitled to representation by counsel in the
8 making and presentation of such application. If the principal is finan-
9 cially unable to obtain counsel, counsel shall be assigned to the prin-
10 cipal.
11 (b)] Upon such application, the principal must be accorded an opportu-
12 nity to be heard[, present evidence] and to contend that an order of
13 recognizance[, release under non-monetary conditions] or[, where author-
14 ized,] bail must or should issue, that the court should release the
15 principal on the principal's own recognizance [or under non-monetary
16 conditions] rather than fix bail, and that if bail is [authorized and]
17 fixed it should be in a suggested amount and form.
18 § 12. Section 510.30 of the criminal procedure law, as amended by
19 section 5 of part JJJ of chapter 59 of the laws of 2019, subdivision 1
20 as amended by section 2 of subpart C of part UU of chapter 56 of the
21 laws of 2022, is amended to read as follows:
22 § 510.30 Application for [securing order] recognizance or bail; rules of
23 law and criteria controlling determination.
24 1. Determinations of applications for recognizance or bail shall not
25 be in all cases discretionary but shall be subject to rules, prescribed
26 in article five hundred thirty of this title and other provisions of law
27 relating to specific kinds of criminal actions and proceedings, provid-
28 ing (a) that in some circumstances such an application shall as a matter
29 of law be granted, (b) that in others it shall as a matter of law be
30 denied and the principal committed to or retained in the custody of the
31 sheriff, and (c) that in others the granting or denial thereof shall be
32 a matter of judicial discretion.
33 2. To the extent that the issuance of an order of recognizance or bail
34 and the terms thereof are matters of discretion rather than of law, an
35 application shall be determined on the basis of the following factors
36 and criteria:
37 (a) With respect to any principal, the court [in all cases, unless
38 otherwise provided by law, must impose the least restrictive] shall
39 consider the kind and degree of control or restriction that is necessary
40 to secure the principal's return to court when required. In determining
41 that matter, the court [must] shall, on the basis of available informa-
42 tion, consider and take into account [information about the principal
43 that is relevant to the principal's return to court, including]:
44 [(a) The principal's activities and history;
45 (b) If the principal is a defendant, the charges facing the principal;
46 (c)] (i) The principal's character, reputation, habits and mental
47 condition;
48 (ii) The principal's employment and financial resources;
49 (iii) The principal's family ties and the length of his or her resi-
50 dence if any in the community;
51 (iv) The principal's criminal [conviction] record if any;
52 [(d)] (v) The principal's record of previous adjudication as a juve-
53 nile delinquent, as retained pursuant to section 354.2 of the family
54 court act, or, of pending cases where fingerprints are retained pursuant
55 to section 306.1 of such act, or a youthful offender, if any;
S. 1830 12
1 [(e)] (vi) The principal's previous record if any in responding to
2 court appearances when required or with respect to flight to avoid crim-
3 inal prosecution;
4 [(f) If monetary bail is authorized, according to the restrictions set
5 forth in this title, the principal's individual financial circumstances,
6 and, in cases where bail is authorized, the principal's ability to post
7 bail without posing undue hardship, as well as his or her ability to
8 obtain a secured, unsecured, or partially secured bond;
9 (g) any violation by the principal of an order of protection issued by
10 any court;
11 (h)] (vii) Where the principal is charged with a crime or crimes
12 against a member or members of the same family or household as that term
13 is defined in subdivision one of section 530.11 of this title, the
14 following factors:
15 (A) any violation by the principal of an order of protection issued by
16 any court for the protection of a member or members of the same family
17 or household as that term is defined in subdivision one of section
18 530.11 of this title, whether or not such order of protection is
19 currently in effect; and
20 (B) the principal's history of use or possession of a firearm;
21 [(i) whether the charge is alleged to have caused serious harm to an
22 individual or group of individuals; and
23 (j)] (viii) If the principal is a defendant, the weight of the
24 evidence against him or her in the pending criminal action and any other
25 factor indicating probability of conviction; or, in the case of an
26 application for [a securing order] bail or recognizance pending appeal,
27 the merit or lack of merit of the appeal; and
28 (ix) If he or she is a defendant, the sentence which may be or has
29 been imposed upon conviction.
30 [2.] (b) Where the principal is a defendant-appellant in a pending
31 appeal from a judgment of conviction, the court must also consider the
32 likelihood of ultimate reversal of the judgment. A determination that
33 the appeal is palpably without merit alone justifies, but does not
34 require, a denial of the application, regardless of any determination
35 made with respect to the factors specified in paragraph (a) of this
36 subdivision [one of this section].
37 3. When bail or recognizance is ordered, the court shall inform the
38 principal, if the principal is a defendant charged with the commission
39 of a felony, that the release is conditional and that the court may
40 revoke the order of release and [may be authorized] to commit the prin-
41 cipal to the custody of the sheriff in accordance with the provisions of
42 subdivision two of section 530.60 of this [chapter] title if the princi-
43 pal commits a subsequent felony while at liberty upon such order.
44 § 13. Section 510.40 of the criminal procedure law, as amended by
45 section 6 of part JJJ of chapter 59 of the laws of 2019, paragraph (c)
46 of subdivision 4 as amended by section 7 of part UU of chapter 56 of the
47 laws of 2020, is amended to read as follows:
48 § 510.40 [Court notification to principal of conditions of release and
49 of alleged violations of conditions of release] Application
50 for recognizance or bail; determination thereof, form of
51 securing order and execution thereof.
52 1. An application for recognizance or bail must be determined by a
53 securing order which either:
54 (a) Grants the application and releases the principal on his or her
55 own recognizance; or
56 (b) Grants the application and fixes bail; or
S. 1830 13
1 (c) Denies the application and commits the principal to, or retains
2 him or her in, the custody of the sheriff.
3 2. Upon ordering that a principal be released on the principal's own
4 recognizance, [or released under non-monetary conditions, or, if bail
5 has been fixed, upon the posting of bail,] the court must direct the
6 principal to appear in the criminal action or proceeding involved when-
7 ever the principal's attendance may be required and to [be] render the
8 principal at all times amenable to the orders and processes of the
9 court. If such principal is in the custody of the sheriff or at liberty
10 upon bail at the time of the order, the court must direct that the prin-
11 cipal be discharged from such custody or, as the case may be, that the
12 principal's bail be exonerated.
13 [2.] 3. Upon the issuance of an order fixing bail[, where authorized,]
14 and upon the posting thereof, the court must examine the bail to deter-
15 mine whether it complies with the order. If it does, the court must, in
16 the absence of some factor or circumstance which in law requires or
17 authorizes disapproval thereof, approve the bail and must issue a
18 certificate of release, authorizing the principal to be at liberty, and,
19 if the principal is in the custody of the sheriff at the time, directing
20 the sheriff to discharge the principal therefrom. If the bail fixed is
21 not posted, or is not approved after being posted, the court must order
22 that the principal be committed to the custody of the sheriff. [In the
23 event of any such non-approval, the court shall explain promptly in
24 writing the reasons therefor.
25 3. Non-monetary conditions of release shall be individualized and
26 established in writing by the court. At future court appearances, the
27 court shall consider a lessening of conditions or modification of condi-
28 tions to a less burdensome form based on the principal's compliance with
29 such conditions of release. In the event of alleged non-compliance with
30 the conditions of release in an important respect, pursuant to this
31 subdivision, additional conditions may be imposed by the court, on the
32 record or in writing, only after notice of the facts and circumstances
33 of such alleged non-compliance, reasonable under the circumstances,
34 affording the principal and the principal's attorney and the people an
35 opportunity to present relevant, admissible evidence, relevant witnesses
36 and to cross-examine witnesses, and a finding by clear and convincing
37 evidence that the principal violated a condition of release in an impor-
38 tant respect. Following such a finding, in determining whether to impose
39 additional conditions for non-compliance, the court shall consider and
40 may select conditions consistent with the court's obligation to impose
41 the least restrictive condition or conditions that will reasonably
42 assure the defendant's return to court. The court shall explain on the
43 record or in writing the reasons for its determination and for any
44 changes to the conditions imposed.
45 4. (a) Electronic monitoring of a principal's location may be ordered
46 only if the court finds, after notice, an opportunity to be heard and an
47 individualized determination explained on the record or in writing, that
48 the defendant qualifies for electronic monitoring in accordance with
49 subdivision twenty-one of section 500.10 of this title, and no other
50 realistic non-monetary condition or set of non-monetary conditions will
51 suffice to reasonably assure a principal's return to court.
52 (b) The specific method of electronic monitoring of the principal's
53 location must be approved by the court. It must be the least restrictive
54 procedure and method that will reasonably assure the principal's return
55 to court, and unobtrusive to the greatest extent practicable.
S. 1830 14
1 (c) Electronic monitoring of the location of a principal may be
2 conducted only by a public entity under the supervision and control of a
3 county or municipality or a non-profit entity under contract to the
4 county, municipality or the state. A county or municipality shall be
5 authorized to enter into a contract with another county or municipality
6 in the state to monitor principals under non-monetary conditions of
7 release in its county, but counties, municipalities and the state shall
8 not contract with any private for-profit entity for such purposes.
9 Counties, municipalities and the state may contract with a private for-
10 profit entity to supply electronic monitoring devices or other items,
11 provided that any interaction with persons under electronic monitoring
12 or the data produced by such monitoring shall be conducted solely by
13 employees of a county, municipality, the state, or a non-profit entity
14 under contract with such county, municipality or the state.
15 (d) Electronic monitoring of a principal's location may be for a maxi-
16 mum period of sixty days, and may be renewed for such period, after
17 notice, an opportunity to be heard and a de novo, individualized deter-
18 mination in accordance with this subdivision, which shall be explained
19 on the record or in writing.
20 A defendant subject to electronic location monitoring under this
21 subdivision shall be considered held or confined in custody for purposes
22 of section 180.80 of this chapter and shall be considered committed to
23 the custody of the sheriff for purposes of section 170.70 of the chap-
24 ter, as applicable.
25 5. If a principal is released under non-monetary conditions, the court
26 shall, on the record and in an individualized written document provided
27 to the principal, notify the principal, in plain language and a manner
28 sufficiently clear and specific:
29 (a) of any conditions to which the principal is subject, to serve as a
30 guide for the principal's conduct; and
31 (b) that the possible consequences for violation of such a condition
32 may include revocation of the securing order and the ordering of a more
33 restrictive securing order.]
34 § 14. Sections 510.43 and 510.45 of the criminal procedure law are
35 REPEALED.
36 § 15. Section 510.50 of the criminal procedure law, as amended by
37 section 9 of part JJJ of chapter 59 of the laws of 2019, is amended to
38 read as follows:
39 § 510.50 Enforcement of securing order.
40 [1.] When the attendance of a principal confined in the custody of the
41 sheriff is required at the criminal action or proceeding at a particular
42 time and place, the court may compel such attendance by directing the
43 sheriff to produce the principal at such time and place. If the princi-
44 pal is at liberty on the principal's own recognizance [or non-monetary
45 conditions] or on bail, the principal's attendance may be achieved or
46 compelled by various methods, including notification and the issuance of
47 a bench warrant, prescribed by law in provisions governing such matters
48 with respect to the particular kind of action or proceeding involved.
49 [2. Except when the principal is charged with a new crime while at
50 liberty, absent relevant, credible evidence demonstrating that a princi-
51 pal's failure to appear for a scheduled court appearance was willful,
52 the court, prior to issuing a bench warrant for a failure to appear for
53 a scheduled court appearance, shall provide at least forty-eight hours
54 notice to the principal or the principal's counsel that the principal is
55 required to appear, in order to give the principal an opportunity to
56 appear voluntarily.]
S. 1830 15
1 § 16. Paragraph (b) of subdivision 2 of section 520.10 of the criminal
2 procedure law, as amended by section 10 of part JJJ of chapter 59 of the
3 laws of 2019, is amended to read as follows:
4 (b) The court [shall] may direct that the bail be posted in any one of
5 [three] two or more of the forms specified in subdivision one of this
6 section, designated in the alternative, and may designate different
7 amounts varying with the forms[, except that one of the forms shall be
8 either an unsecured or partially secured surety bond, as selected by the
9 court].
10 § 17. Section 530.10 of the criminal procedure law, as amended by
11 section 11 of part JJJ of chapter 59 of the laws of 2019, is amended to
12 read as follows:
13 § 530.10 Order of recognizance [release under non-monetary conditions]
14 or bail; in general.
15 Under circumstances prescribed in this article, a court, upon applica-
16 tion of a defendant charged with or convicted of an offense, is required
17 [to issue a securing order] or authorized to order bail or recognizance
18 for the release or prospective release of such defendant during the
19 pendency of either:
20 1. A criminal action based upon such charge; or
21 2. An appeal taken by the defendant from a judgment of conviction or a
22 sentence or from an order of an intermediate appellate court affirming
23 or modifying a judgment of conviction or a sentence.
24 § 18. Subdivision 4 of section 530.11 of the criminal procedure law,
25 as amended by section 12 of part JJJ of chapter 59 of the laws of 2019,
26 is amended to read as follows:
27 4. When a person is arrested for an alleged family offense or an
28 alleged violation of an order of protection or temporary order of
29 protection or arrested pursuant to a warrant issued by the supreme or
30 family court, and the supreme or family court, as applicable, is not in
31 session, such person shall be brought before a local criminal court in
32 the county of arrest or in the county in which such warrant is return-
33 able pursuant to article one hundred twenty of this chapter. Such local
34 criminal court may issue any order authorized under subdivision eleven
35 of section 530.12 of this article, section one hundred fifty-four-d or
36 one hundred fifty-five of the family court act or subdivision three-b of
37 section two hundred forty or subdivision two-a of section two hundred
38 fifty-two of the domestic relations law, in addition to discharging
39 other arraignment responsibilities as set forth in this chapter. In
40 making such order, the local criminal court shall consider [de novo] the
41 bail recommendation [and securing order], if any, made by the supreme or
42 family court as indicated on the warrant or certificate of warrant.
43 Unless the petitioner or complainant requests otherwise, the court, in
44 addition to scheduling further criminal proceedings, if any, regarding
45 such alleged family offense or violation allegation, shall make such
46 matter returnable in the supreme or family court, as applicable, on the
47 next day such court is in session.
48 § 19. Subdivision 11 of section 530.12 of the criminal procedure law,
49 as amended by section 15 of part JJJ of chapter 59 of the laws of 2019,
50 is amended to read as follows:
51 11. If a defendant is brought before the court for failure to obey any
52 lawful order issued under this section, or an order of protection issued
53 by a court of competent jurisdiction in another state, territorial or
54 tribal jurisdiction, and if, after hearing, the court is satisfied by
55 competent proof that the defendant has willfully failed to obey any such
56 order, the court may:
S. 1830 16
1 (a) revoke an order of recognizance [or release under non-monetary
2 conditions] or revoke an order of bail or order forfeiture of such bail
3 and commit the defendant to custody; or
4 (b) restore the case to the calendar when there has been an adjourn-
5 ment in contemplation of dismissal and commit the defendant to custody;
6 or
7 (c) revoke a conditional discharge in accordance with section 410.70
8 of this chapter and impose probation supervision or impose a sentence of
9 imprisonment in accordance with the penal law based on the original
10 conviction; or
11 (d) revoke probation in accordance with section 410.70 of this chapter
12 and impose a sentence of imprisonment in accordance with the penal law
13 based on the original conviction. In addition, if the act which consti-
14 tutes the violation of the order of protection or temporary order of
15 protection is a crime or a violation the defendant may be charged with
16 and tried for that crime or violation.
17 § 20. The opening paragraph of subdivision 1 of section 530.13 of the
18 criminal procedure law, as amended by section 14 of part JJJ of chapter
19 59 of the laws of 2019, is amended to read as follows:
20 When any criminal action is pending, and the court has not issued a
21 temporary order of protection pursuant to section 530.12 of this arti-
22 cle, the court, in addition to the other powers conferred upon it by
23 this chapter, may for good cause shown issue a temporary order of
24 protection in conjunction with any securing order committing the defend-
25 ant to the custody of the sheriff or as a condition of a pre-trial
26 release, or as a condition of release on bail or an adjournment in
27 contemplation of dismissal. In addition to any other conditions, such an
28 order may require that the defendant:
29 § 21. Paragraph (a) of subdivision 8 of section 530.13 of the criminal
30 procedure law, as amended by section 13 of part JJJ of chapter 59 of the
31 laws of 2019, is amended to read as follows:
32 (a) revoke an order of recognizance[, release under non-monetary
33 conditions] or bail and commit the defendant to custody; or
34 § 22. Section 530.20 of the criminal procedure law is REPEALED and a
35 new section 530.20 is added to read as follows:
36 § 530.20 Order of recognizance or bail; by local criminal court when
37 action is pending therein.
38 When a criminal action is pending in a local criminal court, such
39 court, upon application of a defendant, must or may order recognizance
40 or bail as follows:
41 1. When the defendant is charged, by information, simplified informa-
42 tion, prosecutor's information or misdemeanor complaint, with an offense
43 or offenses of less than felony grade only, the court must order recog-
44 nizance or bail.
45 2. When the defendant is charged, by felony complaint, with a felony,
46 the court may, in its discretion, order recognizance or bail except as
47 otherwise provided in this subdivision:
48 (a) A city court, a town court or a village court may not order recog-
49 nizance or bail when (i) the defendant is charged with a class A felony,
50 or (ii) it appears that the defendant has two previous felony
51 convictions;
52 (b) No local criminal court may order recognizance or bail with
53 respect to a defendant charged with a felony unless and until:
54 (i) The district attorney has been heard in the matter or, after know-
55 ledge or notice of the application and reasonable opportunity to be
S. 1830 17
1 heard, has failed to appear at the proceeding or has otherwise waived
2 his or her right to do so; and
3 (ii) The court has been furnished with a report of the division of
4 criminal justice services concerning the defendant's criminal record if
5 any or with a police department report with respect to the defendant's
6 prior arrest record. If neither report is available, the court, with the
7 consent of the district attorney, may dispense with this requirement;
8 provided, however, that in an emergency, including but not limited to a
9 substantial impairment in the ability of such division or police depart-
10 ment to timely furnish such report, such consent shall not be required
11 if, for reasons stated on the record, the court deems it unnecessary.
12 When the court has been furnished with any such report or record, it
13 shall furnish a copy thereof to counsel for the defendant or, if the
14 defendant is not represented by counsel, to the defendant.
15 3. The court shall make an individualized determination if: (a) the
16 defendant poses a risk of flight to avoid prosecution; (b) the defendant
17 poses a risk of failing to appear in court based on the defendant's
18 record of a prior criminal conviction or failure to appear in prior
19 court proceedings; or (c) the defendant poses a risk of endangering the
20 safety of any other person or the community. If the court finds that the
21 defendant poses a risk of flight or a risk of failure to appear but does
22 not pose a risk of endangering the safety of any other person or the
23 community, the court shall release the defendant subject to the lowest
24 reasonable bail and/or the least restrictive further condition or combi-
25 nation of conditions that will reasonably ensure the appearance of the
26 defendant considering the nature and circumstances of the charged
27 offense, the weight of the evidence, the history and characteristics of
28 the defendant, and the nature and seriousness of the danger posed by the
29 defendant's release. If the court determines that no condition or combi-
30 nation of conditions will reasonably assure the appearance of the
31 defendant and the safety of any other person of the community, the court
32 shall order detention without bail.
33 4. If the defendant is arrested during the interim period while await-
34 ing a preliminary hearing or trial, the court shall revoke or otherwise
35 terminate the previous order and issue a new order taking into account
36 the subsequent arrest.
37 5. (a) All orders issued under this section where the defendant is
38 incarcerated solely because of said order shall be reviewed and re-eval-
39 uated by the court no later than:
40 (i) every four weeks thereafter where a class A misdemeanor is the
41 highest grade offense;
42 (ii) every six weeks thereafter where a class E felony is the highest
43 grade offense;
44 (iii) every eight weeks thereafter where a class D felony is the high-
45 est grade offense;
46 (iv) every ten weeks thereafter where a class C felony is the highest
47 grade offense; or
48 (v) every twelve weeks thereafter where a class B felony is the high-
49 est grade offense.
50 (b) Upon such review or re-evaluation, the court shall reconsider
51 whether the defendant should be released on personal recognizance or
52 upon posting reduced bail in the interests of justice after considering
53 the length of time the defendant has already been incarcerated, the
54 likely sentence that would be imposed if the defendant were found guilty
55 or pled guilty to the charged offense, the nature and circumstances of
56 the charged offense, the weight of the evidence, the history and charac-
S. 1830 18
1 teristics of the defendant, the nature and seriousness of the danger
2 posed by the defendant's release, and whether the principal should be
3 released subject to a further condition, or combination of conditions,
4 that reasonably justifies the release of the defendant on personal
5 recognizance or reduced bail, and such other factors in the interests of
6 justice as reasonably determined by the court based on an individualized
7 determination as to whether and to what extent that the defendant
8 continues to pose a risk of flight to avoid prosecution, continues to
9 pose a risk of failing to appear in court based on the defendant's
10 record of a prior criminal conviction or failure to appear in prior
11 court proceedings, or continues to pose a risk of endangering the safety
12 of any other person or the community. If the court determines that no
13 condition or combination of conditions will reasonably ensure the
14 appearance of the defendant and the safety of any other person of the
15 community, the court shall continue to detain the defendant without bail
16 or without a reduction in the amount of the bail.
17 § 23. The section heading and subdivisions 1 and 2 of section 530.30
18 of the criminal procedure law, as amended by section 17 of part JJJ of
19 chapter 59 of the laws of 2019, are amended to read as follows:
20 Order of recognizance[, release under non-monetary conditions] or
21 bail; by superior court judge when action is pending in local criminal
22 court.
23 1. When a criminal action is pending in a local criminal court, other
24 than one consisting of a superior court judge sitting as such, a judge
25 of a superior court holding a term thereof in the county, upon applica-
26 tion of a defendant, may order recognizance[, release under non-monetary
27 conditions] or[, where authorized,] bail when such local criminal court:
28 (a) Lacks authority to issue such an order, pursuant to the relevant
29 provisions of section 530.20 of this article; or
30 (b) Has denied an application for recognizance[, release under non-
31 monetary conditions] or bail; or
32 (c) Has fixed bail[, where authorized,] which is excessive[; or
33 (d) Has set a securing order of release under non-monetary conditions
34 which are more restrictive than necessary to reasonably assure the
35 defendant's return to court].
36 In such case, such superior court judge may vacate the order of such
37 local criminal court and release the defendant on his or her own recog-
38 nizance [or under non-monetary conditions,] or [where authorized,] fix
39 bail in a lesser amount or in a less burdensome form[, whichever are the
40 least restrictive alternative and conditions that will reasonably assure
41 the defendant's return to court. The court shall explain its choice of
42 alternative and conditions on the record or in writing].
43 2. Notwithstanding the provisions of subdivision one of this section,
44 when the defendant is charged with a felony in a local criminal court, a
45 superior court judge may not order recognizance, [release under non-mon-
46 etary conditions] or[, where authorized,] bail unless and until the
47 district attorney has had an opportunity to be heard in the matter and
48 such judge [and counsel for the defendant have] has been furnished with
49 a report as described in subparagraph (ii) of paragraph (b) of subdivi-
50 sion two of section 530.20 of this article.
51 § 24. Section 530.40 of the criminal procedure law is REPEALED and a
52 new section 530.40 is added to read as follows:
53 § 530.40 Order of recognizance or bail; by superior court when action is
54 pending therein.
S. 1830 19
1 When a criminal action is pending in a superior court, such court,
2 upon application of a defendant, must or may order recognizance or bail
3 as follows:
4 1. When the defendant is charged with an offense or offenses of less
5 than felony grade only, the court must order recognizance or bail.
6 2. When the defendant is charged with a felony, the court may, in its
7 discretion, order recognizance or bail. In any such case in which an
8 indictment (a) has resulted from an order of a local criminal court
9 holding the defendant for the action of the grand jury, or (b) was filed
10 at a time when a felony complaint charging the same conduct was pending
11 in a local criminal court, and in which such local criminal court or a
12 superior court judge has issued an order of recognizance or bail which
13 is still effective, the superior court's order may be in the form of a
14 direction continuing the effectiveness of the previous order.
15 3. Notwithstanding the provisions of subdivision two of this section,
16 a superior court may not order recognizance or bail, or permit a defend-
17 ant to remain at liberty pursuant to an existing order, after the
18 defendant has been convicted of either: (a) a class A felony or (b) any
19 class B or class C felony defined in article one hundred thirty of the
20 penal law committed or attempted to be committed by a person eighteen
21 years of age or older against a person less than eighteen years of age.
22 In either case the court must commit or remand the defendant to the
23 custody of the sheriff.
24 4. Notwithstanding the provisions of subdivision two of this section,
25 a superior court may not order recognizance or bail when the defendant
26 is charged with a felony unless and until the district attorney has had
27 an opportunity to be heard in the matter and such court has been
28 furnished with a report as described in subparagraph (ii) of paragraph
29 (b) of subdivision two of section 530.20 of this article.
30 5. The court shall make an individualized determination if: (a) the
31 defendant poses a risk of flight to avoid prosecution; (b) the defendant
32 poses a risk of failing to appear in court based on the defendant's
33 record of a prior criminal conviction or failure to appear in prior
34 court proceedings; or (c) the defendant poses a risk of endangering the
35 safety of any other person or the community. If the court finds that the
36 defendant poses a risk of flight or a risk of failure to appear but does
37 not pose a risk of endangering the safety of any other person or the
38 community, the court shall release the defendant subject to the lowest
39 reasonable bail and/or the least restrictive further condition or combi-
40 nation of conditions that will reasonably ensure the appearance of the
41 defendant considering the nature and circumstances of the charged
42 offense, the weight of the evidence, the history and characteristics of
43 the defendant, and the nature and seriousness of the danger posed by the
44 defendant's release. If the court determines that no condition or combi-
45 nation of conditions will reasonably assure the appearance of the
46 defendant and the safety of any other person of the community, the court
47 shall order detention without bail.
48 6. If the defendant is arrested during the interim period while await-
49 ing a preliminary hearing or trial, the court shall revoke or otherwise
50 terminate the previous order and issue a new order taking into account
51 the subsequent arrest.
52 7. (a) All orders issued under this section where the defendant is
53 incarcerated solely because of said order shall be reviewed and re-eval-
54 uated by the court no later than:
55 (i) every four weeks thereafter where a class A misdemeanor is the
56 highest grade offense;
S. 1830 20
1 (ii) every six weeks thereafter where a class E felony is the highest
2 grade offense;
3 (iii) every eight weeks thereafter where a class D felony is the high-
4 est grade offense;
5 (iv) every ten weeks thereafter where a class C felony is the highest
6 grade offense; or
7 (v) every twelve weeks thereafter where a class B felony is the high-
8 est grade offense.
9 (b) Upon such review or re-evaluation, the court shall reconsider
10 whether the defendant should be released on personal recognizance or
11 upon posting reduced bail in the interests of justice after considering
12 the length of time the defendant has already been incarcerated, the
13 likely sentence that would be imposed if the defendant were found guilty
14 or pled guilty to the charged offense, the nature and circumstances of
15 the charged offense, the weight of the evidence, the history and charac-
16 teristics of the defendant, the nature and seriousness of the danger
17 posed by the defendant's release, and whether the principal should be
18 released subject to a further condition, or combination of conditions,
19 that reasonably justifies the release of the defendant on personal
20 recognizance or reduced bail, and such other factors in the interests of
21 justice as reasonably determined by the court based on an individualized
22 determination as to whether and to what extent that the defendant
23 continues to pose a risk of flight to avoid prosecution, continues to
24 pose a risk of failing to appear in court based on the defendant's
25 record of a prior criminal conviction or failure to appear in prior
26 court proceedings, or continues to pose a risk of endangering the safety
27 of any other person or the community. If the court determines that no
28 condition or combination of conditions will reasonably ensure the
29 appearance of the defendant and the safety of any other person of the
30 community, the court shall continue to detain the defendant without bail
31 or without a reduction in the amount of the bail.
32 § 25. Subdivision 1 of section 530.45 of the criminal procedure law,
33 as amended by section 19 of part JJJ of chapter 59 of the laws of 2019,
34 is amended to read as follows:
35 1. When the defendant is at liberty in the course of a criminal action
36 as a result of a prior order of recognizance[, release under non-mone-
37 tary conditions] or bail and the court revokes such order and then[,
38 where authorized,] either fixes no bail or fixes bail in a greater
39 amount or in a more burdensome form than was previously fixed and
40 remands or commits defendant to the custody of the sheriff, [or issues a
41 more restrictive securing order,] a judge designated in subdivision two
42 of this section, upon application of the defendant following conviction
43 of an offense other than a class A felony or a class B or class C felony
44 offense as defined in article one hundred thirty of the penal law
45 committed or attempted to be committed by a person eighteen years of age
46 or older against a person less than eighteen years of age, and before
47 sentencing, may issue a securing order and either release the defendant
48 on the defendant's own recognizance, [release the defendant under non-
49 monetary conditions,] or[, where authorized,] fix bail or fix bail in a
50 lesser amount or in a less burdensome form[, or issue a less restrictive
51 securing order,] than fixed by the court in which the conviction was
52 entered.
53 § 26. Subdivision 2-a of section 530.45 of the criminal procedure law
54 is REPEALED.
55 § 27. Section 530.50 of the criminal procedure law, as amended by
56 chapter 264 of the laws of 2003, subdivision 1 as designated and subdi-
S. 1830 21
1 vision 2 as added by section 10 of part UU of chapter 56 of the laws of
2 2020 and subdivision 3 as added by section 4 of subpart D of part UU of
3 chapter 56 of the laws of 2022, is amended to read as follows:
4 § 530.50 Order of recognizance or bail; during pendency of appeal.
5 1. A judge who is otherwise authorized pursuant to section 460.50 or
6 [section] 460.60 of this chapter to issue an order of recognizance or
7 bail pending the determination of an appeal, may do so unless the
8 defendant received a class A felony sentence or a sentence for any class
9 B or class C felony offense defined in article one hundred thirty of the
10 penal law committed or attempted to be committed by a person eighteen
11 years of age or older against a person less than eighteen years of age.
12 [2. Notwithstanding the provisions of subdivision four of section
13 510.10, paragraph (b) of subdivision one of section 530.20 and subdivi-
14 sion four of section 530.40 of this title, when a defendant charged with
15 an offense that is not such a qualifying offense applies, pending deter-
16 mination of an appeal, for an order of recognizance or release on non-
17 monetary conditions, where authorized, or fixing bail, a judge identi-
18 fied in subdivision two of section 460.50 or paragraph (a) of
19 subdivision one of section 460.60 of this chapter may, in accordance
20 with law, and except as otherwise provided by law, issue a securing
21 order: releasing the defendant on the defendant's own recognizance or
22 under non-monetary conditions where authorized, fixing bail, or remand-
23 ing the defendant to the custody of the sheriff where authorized.]
24 [3.] 2. Where an appeal by the people has been taken from an order
25 dismissing one or more counts of an accusatory instrument for failure to
26 comply with a discovery order pursuant to subdivision twelve of section
27 450.20 of this chapter and the defendant is charged with a qualifying
28 offense in the remaining counts in the accusatory instrument, pending
29 determination of an appeal, the defendant may apply for an order of
30 recognizance or release on non-monetary conditions, where authorized, or
31 fixing bail. A judge identified in subdivision two of section 460.50 of
32 this chapter or paragraph (a) of subdivision one of section 460.60 of
33 this chapter may, in accordance with law, and except as otherwise
34 provided by law, issue a securing order releasing the defendant on the
35 defendant's own recognizance or under non-monetary conditions where
36 authorized, fixing bail, or remanding the defendant to the custody of
37 the sheriff where authorized.
38 § 28. Section 530.60 of the criminal procedure law, as amended by
39 section 20 of part JJJ of chapter 59 of the laws of 2019, is amended to
40 read as follows:
41 § 530.60 [Certain modifications of a securing order] Order of recogni-
42 zance or bail; revocation thereof.
43 1. Whenever in the course of a criminal action or proceeding a defend-
44 ant is at liberty as a result of an order of recognizance[, release
45 under non-monetary conditions] or bail issued pursuant to this chapter,
46 and the court considers it necessary to review such order, [whether due
47 to a motion by the people or otherwise,] the court may, and [except as
48 provided in subdivision two of section 510.50 of this title concerning a
49 failure to appear in court,] by a bench warrant if necessary, require
50 the defendant to appear before the court. Upon such appearance, the
51 court, for good cause shown, may revoke the order of recognizance[,
52 release under non-monetary conditions,] or bail. If the defendant is
53 entitled to recognizance[, release under non-monetary conditions,] or
54 bail as a matter of right, the court must issue another such order. If
55 the defendant is not, the court may either issue such an order or commit
S. 1830 22
1 the defendant to the custody of the sheriff in accordance with this
2 section.
3 Where the defendant is committed to the custody of the sheriff and is
4 held on a felony complaint, a new period as provided in section 180.80
5 of this chapter shall commence to run from the time of the defendant's
6 commitment under this subdivision.
7 2. (a) Whenever in the course of a criminal action or proceeding a
8 defendant charged with the commission of a felony is at liberty as a
9 result of an order of recognizance, [release under non-monetary condi-
10 tions] or bail issued pursuant to this article it shall be grounds for
11 revoking such order that the court finds reasonable cause to believe the
12 defendant committed one or more specified class A or violent felony
13 offenses or intimidated a victim or witness in violation of section
14 215.15, 215.16 or 215.17 of the penal law while at liberty.
15 [(b) Except as provided in paragraph (a) of this subdivision or any
16 other law, whenever in the course of a criminal action or proceeding a
17 defendant charged with the commission of an offense is at liberty as a
18 result of an order of recognizance, release under non-monetary condi-
19 tions or bail issued pursuant to this article it shall be grounds for
20 revoking such order and fixing bail in such criminal action or proceed-
21 ing when the court has found, by clear and convincing evidence, that the
22 defendant:
23 (i) persistently and willfully failed to appear after notice of sched-
24 uled appearances in the case before the court; or
25 (ii) violated an order of protection in the manner prohibited by
26 subdivision (b), (c) or (d) of section 215.51 of the penal law while at
27 liberty; or
28 (iii) stands charged in such criminal action or proceeding with a
29 misdemeanor or violation and, after being so charged, intimidated a
30 victim or witness in violation of section 215.15, 215.16 or 215.17 of
31 the penal law or tampered with a witness in violation of section 215.11,
32 215.12 or 215.13 of the penal law, law while at liberty; or
33 (iv) stands charged in such action or proceeding with a felony and,
34 after being so charged, committed a felony while at liberty.
35 (c)] Before revoking an order of recognizance[, release under non-mon-
36 etary conditions,] or bail pursuant to this subdivision, the court must
37 hold a hearing and shall receive any relevant, admissible evidence not
38 legally privileged. The defendant may cross-examine witnesses and may
39 present relevant, admissible evidence on his own behalf. Such hearing
40 may be consolidated with, and conducted at the same time as, a felony
41 hearing conducted pursuant to article one hundred eighty of this chap-
42 ter. A transcript of testimony taken before the grand jury upon presen-
43 tation of the subsequent offense shall be admissible as evidence during
44 the hearing. The district attorney may move to introduce grand jury
45 testimony of a witness in lieu of that witness' appearance at the hear-
46 ing.
47 [(d)] (b) Revocation of an order of recognizance[, release under non-
48 monetary conditions] or bail and [a new securing order fixing bail or]
49 commitment[, as specified in this paragraph and] pursuant to this subdi-
50 vision shall be for the following periods, either:
51 (i) [Under paragraph (a) of this subdivision, revocation of the order
52 of recognizance, release under non-monetary conditions or, as the case
53 may be, bail, and a new securing order fixing bail or committing the
54 defendant to the custody of the sheriff shall be as follows:
55 (A)] For a period not to exceed ninety days exclusive of any periods
56 of adjournment requested by the defendant; or
S. 1830 23
1 [(B)] (ii) Until the charges contained within the accusatory instru-
2 ment have been reduced or dismissed such that no count remains which
3 charges the defendant with commission of a felony; or
4 [(C)] (iii) Until reduction or dismissal of the charges contained
5 within the accusatory instrument charging the subsequent offense such
6 that no count remains which charges the defendant with commission of a
7 class A or violent felony offense.
8 Upon expiration of any of the three periods specified within this
9 [subparagraph] paragraph, whichever is shortest, the court may grant or
10 deny release upon an order of bail or recognizance in accordance with
11 the provisions of this article. Upon conviction to an offense the
12 provisions of this article [five hundred thirty of this chapter] shall
13 apply[; and].
14 [(ii) Under paragraph (b) of this subdivision, revocation of the order
15 of recognizance, release under non-monetary conditions or, as the case
16 may be, bail shall result in the issuance of a new securing order which
17 may, if otherwise authorized by law, permit the principal's release on
18 recognizance or release under non-monetary conditions, but shall also
19 render the defendant eligible for an order fixing bail provided, howev-
20 er, that in accordance with the principles in this title the court must
21 select the least restrictive alternative and condition or conditions
22 that will reasonably assure the principal's return to court. Nothing in
23 this subparagraph shall be interpreted as shortening the period of
24 detention, or requiring or authorizing any less restrictive form of a
25 securing order, which may be imposed pursuant to any other law.
26 (e)] (c) Notwithstanding the provisions of paragraph (a) [or (b)] of
27 this subdivision a defendant, against whom a felony complaint has been
28 filed which charges the defendant with commission of a class A or
29 violent felony offense [or violation of section 215.15, 215.16 or 215.17
30 of the penal law] committed while he or she was at liberty as specified
31 therein, may be committed to the custody of the sheriff pending a revo-
32 cation hearing for a period not to exceed seventy-two hours. An addi-
33 tional period not to exceed seventy-two hours may be granted by the
34 court upon application of the district attorney upon a showing of good
35 cause or where the failure to commence the hearing was due to the
36 defendant's request or occurred with his or her consent. Such good cause
37 must consist of some compelling fact or circumstance which precluded
38 conducting the hearing within the initial prescribed period.
39 § 29. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
40 procedure law, as amended by chapter 435 of the laws of 2021, is amended
41 to read as follows:
42 (a) If at any time during the defendant's participation in the judi-
43 cial diversion program, the court has reasonable grounds to believe that
44 the defendant has violated a release condition [in an important respect]
45 or has [willfully] failed to appear before the court as requested, the
46 court [except as provided in subdivision two of section 510.50 of this
47 chapter regarding a failure to appear,] shall direct the defendant to
48 appear or issue a bench warrant to a police officer or an appropriate
49 peace officer directing him or her to take the defendant into custody
50 and bring the defendant before the court without unnecessary delay;
51 provided, however, that under no circumstances shall a defendant who
52 requires treatment for opioid use be deemed to have violated a release
53 condition on the basis of his or her participation in medically
54 prescribed drug treatments under the care of a health care professional
55 licensed or certified under title eight of the education law, acting
56 within his or her lawful scope of practice. The [relevant] provisions of
S. 1830 24
1 subdivision one of section 530.60 of this chapter relating to [issuance
2 of securing orders] revocation of recognizance or bail shall apply to
3 such proceedings under this subdivision.
4 § 30. Section 410.60 of the criminal procedure law, as amended by
5 section 23 of part JJJ of chapter 59 of the laws of 2019, is amended to
6 read as follows:
7 § 410.60 Appearance before court.
8 A person who has been taken into custody pursuant to section 410.40 or
9 [section] 410.50 of this article for violation of a condition of a
10 sentence of probation or a sentence of conditional discharge must forth-
11 with be brought before the court that imposed the sentence. Where a
12 violation of probation petition and report has been filed and the person
13 has not been taken into custody nor has a warrant been issued, an
14 initial court appearance shall occur within ten business days of the
15 court's issuance of a notice to appear. If the court has reasonable
16 cause to believe that such person has violated a condition of the
17 sentence, it may commit such person to the custody of the sheriff[,] or
18 fix bail[, release such person under non-monetary conditions] or release
19 such person on such person's own recognizance for future appearance at a
20 hearing to be held in accordance with section 410.70 of this article. If
21 the court does not have reasonable cause to believe that such person has
22 violated a condition of the sentence, it must direct that such person be
23 released.
24 § 31. Subdivision 3 of section 620.50 of the criminal procedure law,
25 as amended by section 24 of part JJJ of chapter 59 of the laws of 2019,
26 is amended to read as follows:
27 3. A material witness order must be executed as follows:
28 (a) If the bail is posted and approved by the court, the witness must,
29 as provided in subdivision [two] three of section 510.40 of this part,
30 be released and be permitted to remain at liberty; provided that, where
31 the bail is posted by a person other than the witness himself or
32 herself, he or she may not be so released except upon his or her signed
33 written consent thereto;
34 (b) If the bail is not posted, or if though posted it is not approved
35 by the court, the witness must, as provided in subdivision [two] three
36 of section 510.40 of this part, be committed to the custody of the sher-
37 iff.
38 § 32. Subdivision 5 of section 216 of the judiciary law is REPEALED.
39 § 33. Section 837-u of the executive law is REPEALED.
40 § 34. This act shall take effect immediately.
41 PART C
42 Section 1. Paragraph (c) of subdivision 1 of section 245.20 of the
43 criminal procedure law, as amended by section 2 of part HHH of chapter
44 56 of the laws of 2020, is amended to read as follows:
45 (c) The names and adequate contact information for all persons other
46 than law enforcement personnel whom the prosecutor knows to have
47 evidence or information relevant to any offense charged or to any poten-
48 tial defense thereto who have given affirmative consent for such disclo-
49 sure of his or her contact information or have been denied a protective
50 order pursuant to section 245.70 of this article, including a desig-
51 nation by the prosecutor as to which of those persons may be called as
52 witnesses. Affirmative consent to disclose contact information shall be
53 requested by law enforcement personnel conducting the initial interview
54 of persons who have evidence or information relevant to any offense
S. 1830 25
1 charged or to any potential defense thereto. A person who does not
2 provide affirmative consent for disclosure of his or her contact infor-
3 mation shall provide good cause for such denial, and the prosecution
4 shall make a motion for a protective order pursuant to section 245.70 of
5 this article on the behalf of such person. Nothing in this paragraph
6 shall require the disclosure of physical addresses; provided, however,
7 upon a motion and good cause shown the court may direct the disclosure
8 of a physical address. Information under this subdivision relating to
9 the identity of a 911 caller, the victim or witness of an offense
10 defined under article one hundred thirty or section 230.34 or 230.34-a
11 of the penal law, any other victim or witness of a crime where the
12 defendant has substantiated affiliation with a criminal enterprise as
13 defined in subdivision three of section 460.10 of the penal law, or a
14 confidential informant may be withheld, and redacted from discovery
15 materials, without need for a motion pursuant to section 245.70 of this
16 article; but the prosecution shall notify the defendant in writing that
17 such information has not been disclosed, unless the court rules other-
18 wise for good cause shown.
19 § 2. This act shall take effect immediately.
20 PART D
21 Section 1. Subdivisions 1 and 10 of section 400.27 of the criminal
22 procedure law, as added by chapter 1 of the laws of 1995, are amended to
23 read as follows:
24 1. Upon [the] conviction of a defendant for the offense of murder in
25 the first degree as defined by subparagraph (i), (ii), (ii-a) or (iii)
26 of paragraph (a) of subdivision one of section 125.27 of the penal law,
27 the court shall promptly conduct a separate sentencing proceeding to
28 determine whether the defendant shall be sentenced to death or to life
29 imprisonment without parole pursuant to subdivision five of section
30 70.00 of the penal law. Nothing in this section shall be deemed to
31 preclude the people at any time from determining that the death penalty
32 shall not be sought in a particular case, in which case the separate
33 sentencing proceeding shall not be conducted and the court may sentence
34 such defendant to life imprisonment without parole or to a sentence of
35 imprisonment for the class A-I felony of murder in the first degree
36 other than a sentence of life imprisonment without parole.
37 10. (a) At the conclusion of all the evidence, the people and the
38 defendant may present argument in summation for or against the sentence
39 sought by the people. The people may deliver the first summation and the
40 defendant may then deliver the last summation. Thereafter, the court
41 shall deliver a charge to the jury on any matters appropriate in the
42 circumstances. In its charge, the court must instruct the jury that with
43 respect to each count of murder in the first degree, as defined in
44 subparagraph (i), (ii), (ii-a) or (iii) of paragraph (a) of subdivision
45 one of section 125.27 of the penal law, the jury should consider whether
46 or not a sentence of death should be imposed and whether or not a
47 sentence of life imprisonment without parole should be imposed[, and].
48 (b) The court must instruct the jury that the jury must be unanimous
49 with respect to either sentence. The court must also instruct the jury
50 that in the event the jury fails to reach unanimous agreement with
51 respect to the sentence, the court will sentence the defendant to a term
52 of imprisonment with a minimum term of between twenty and twenty-five
53 years and a maximum term of life.
S. 1830 26
1 (c) Following the court's charge, the jury shall retire to consider
2 the sentence to be imposed. Unless inconsistent with the provisions of
3 this section, the provisions of sections 310.10, 310.20 and 310.30 of
4 this part shall govern the deliberations of the jury.
5 § 2. This act shall take effect immediately and shall apply to
6 offenses committed on or after such effective date.
7 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
8 sion, section or part of this act shall be adjudged by any court of
9 competent jurisdiction to be invalid, such judgment shall not affect,
10 impair, or invalidate the remainder thereof, but shall be confined in
11 its operation to the clause, sentence, paragraph, subdivision, section
12 or part thereof directly involved in the controversy in which such judg-
13 ment shall have been rendered. It is hereby declared to be the intent of
14 the legislature that this act would have been enacted even if such
15 invalid provisions had not been included herein.
16 § 3. This act shall take effect immediately provided, however, that
17 the applicable effective date of Parts A through D of this act shall be
18 as specifically set forth in the last section of such Parts.
