Bill Text: NY A05441 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to recognizance procedures and bail reform; repeals certain provisions relating thereto.
Spectrum: Partisan Bill (Democrat 42-0)
Status: (Introduced - Dead) 2022-01-05 - referred to codes [A05441 Detail]
Download: New_York-2021-A05441-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5441 2021-2022 Regular Sessions IN ASSEMBLY February 16, 2021 ___________ Introduced by M. of A. QUART, ROZIC, SIMON, BARRON, KIM, HYNDMAN, SEAWRIGHT, COOK, GLICK, HUNTER, TAYLOR, LAVINE, RODRIGUEZ, DICKENS, DILAN, STIRPE, CARROLL, VANEL, BENEDETTO, PEOPLES-STOKES, WEPRIN, HEVESI, DE LA ROSA, PRETLOW, ABINANTI, BICHOTTE HERMELYN, PHEFFER AMATO, JOYNER, NIOU, ENGLEBRIGHT, WALKER, OTIS, GALEF, GOTT- FRIED, L. ROSENTHAL -- Multi-Sponsored by -- M. of A. EPSTEIN, LUPARDO -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, the general business law, the insurance law and the judiciary law, in relation to recognizance procedures and bail reform; and to repeal certain provisions of such laws and of the penal law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The purpose of this legislation is to 2 reform the process by which courts in the state of New York evaluate 3 applications by criminal defendants who seek release on their own recog- 4 nizance. New York's current bail statute has been applied in a manner 5 that has led to unsatisfactory levels of pre-trial detention. The 6 purpose of this legislation is to ensure decarceration and release of 7 criminal cases by applying a rebuttable presumption of recognizance. 8 Courts in New York must consider only admissible evidence at recogni- 9 zance hearings and must apply the least restrictive measures to ensure 10 an individual's return to court. 11 § 2. The title heading of title P of the criminal procedure law is 12 amended to read as follows: 13 PROCEDURES FOR SECURING ATTENDANCE 14 AT CRIMINAL ACTIONS AND PROCEEDINGS 15 OF DEFENDANTS AND WITNESSES UNDER 16 CONTROL OF COURT--RECOGNIZANCE[,17BAIL] AND COMMITMENT EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07046-02-1A. 5441 2 1 § 3. The article heading of article 500 of the criminal procedure law 2 is amended to read as follows: 3 RECOGNIZANCE[, BAIL] AND 4 COMMITMENT--DEFINITIONS OF TERMS 5 § 4. Subdivisions 3, 6 and 7 of section 500.10 of the criminal proce- 6 dure law, subdivisions 6 and 7 as amended by section 1-e of part JJJ of 7 chapter 59 of the laws of 2019, are amended to read as follows: 8 3. ["Fix bail." A court fixes bail when, having acquired control over9the person of a principal, it designates a sum of money and stipulates10that, if bail in such amount is posted on behalf of the principal and11approved, it will permit him to be at liberty during the pendency of the12criminal action or proceeding involved.] "Recognizance hearing." A hear- 13 ing before the court where the principal appears for the purposes of the 14 court considering recognizance or committing the principal to the custo- 15 dy of the sheriff. 16 6. "Order of recognizance [or bail]" means a securing order releasing 17 a principal on the principal's own recognizance or under non-monetary 18 conditions [or, where authorized, fixing bail]. 19 7. "Application for recognizance [or bail]" means an application by a 20 principal [that] to the court[, instead of committing the principal to21or retaining the principal in] that the principal be released instead of 22 committed to the custody of the sheriff[, either release the principal23on the principal's own recognizance, release under non-monetary condi-24tions, or, where authorized, fix bail]. 25 § 5. Subdivisions 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 of 26 section 500.10 of the criminal procedure law are REPEALED and subdivi- 27 sions 20, 21 and 22 are renumbered subdivisions 8, 9 and 10. 28 § 6. The article heading of article 510 of the criminal procedure law 29 is amended to read as follows: 30 RECOGNIZANCE[, BAIL] AND COMMITMENT-- 31 DETERMINATION OF APPLICATION FOR RECOGNIZANCE 32 [OR BAIL], ISSUANCE OF SECURING ORDERS, AND 33 RELATED MATTERS 34 § 7. Subdivision 1 of section 510.10 of the criminal procedure law, as 35 amended by section 2 of part JJJ of chapter 59 of the laws of 2019, is 36 amended to read as follows: 37 1. When a principal, whose future court attendance at a criminal 38 action or proceeding is or may be required, initially comes under the 39 control of a court, such court shall, in accordance with this title, by 40 a securing order either release the principal on the principal's own 41 recognizance, release the principal under non-monetary conditions, or, 42 where authorized[, fix bail or] commit the principal to the custody of 43 the sheriff. In all such cases, except where another type of securing 44 order is shown to be required by law, the court shall release the prin- 45 cipal pending trial on the principal's own recognizance, unless it is 46 demonstrated and the court makes an individualized determination that 47 the principal poses a risk of flight to avoid prosecution. If such a 48 finding is made, the court must select the least restrictive alternative 49 and condition or conditions that will reasonably assure the principal's 50 return to court. The court shall explain its choice of release, release 51 with conditions[, bail] or remand on the record or in writing. 52 § 8. The opening paragraph and paragraph (t) of subdivision 4 of 53 section 510.10 of the criminal procedure law, the opening paragraph as 54 amended and paragraph (t) as added by section 2 of part UU of chapter 56 55 of the laws of 2020, are amended to read as follows:A. 5441 3 1 Where the principal stands charged with a qualifying offense, the 2 court, unless otherwise prohibited by law, may in its discretion release 3 the principal pending trial on the principal's own recognizance or under 4 non-monetary conditions[, fix bail,] or, where the defendant is charged 5 with a qualifying offense which is a felony, the court may commit the 6 principal to the custody of the sheriff. A principal stands charged with 7 a qualifying offense for the purposes of this subdivision when he or she 8 stands charged with: 9 (t) any felony or class A misdemeanor involving harm to an identifi- 10 able person [or property], where such charge arose from conduct occur- 11 ring while the defendant was released on [his or her] the defendant's 12 own recognizance or released under conditions for a separate felony or 13 class A misdemeanor involving harm to an identifiable person [or proper-14ty], provided, however, that the prosecutor must show reasonable cause 15 to believe that the defendant committed the instant crime and any under- 16 lying crime. [For the purposes of this subparagraph, any of the underly-17ing crimes need not be a qualifying offense as defined in this subdivi-18sion.] 19 § 9. Section 510.10 of the criminal procedure law is amended to add a 20 new subdivision 7 to read as follows: 21 7. The court shall inform the principal that the conditions of the 22 securing order are subject to modification consistent with the 23 provisions of section 510.25 of this article. 24 § 10. Section 510.20 of the criminal procedure law, as amended by 25 section 3 of part JJJ of chapter 59 of the laws of 2019, is amended to 26 read as follows: 27 § 510.20 Application for a change in securing order. 28 1. Upon any occasion when a court has issued a securing order with 29 respect to a principal and the principal is confined in the custody of 30 the sheriff as a result of the securing order or a previously issued 31 securing order, the principal may make an application for recognizance, 32 release under non-monetary conditions [or bail]. 33 2. (a) The principal is entitled to representation by counsel in the 34 making and presentation of such application. If the principal is finan- 35 cially unable to obtain counsel, counsel shall be assigned to the prin- 36 cipal. 37 (b) Upon such application, the principal must be accorded an opportu- 38 nity to be heard, present evidence and to contend that an order of 39 recognizance[,] or release under non-monetary conditions [or, where40authorized, bail must or should issue, that the court should release the41principal on the principal's own recognizance or under non-monetary42conditions rather than fix bail, and that if bail is authorized and43fixed it should be in a suggested amount and form] be issued. 44 3. The court shall make a pre-trial release decision for the principal 45 without unnecessary delay, but in no case later than forty-eight hours 46 after the principal's initial commitment to jail. 47 § 11. The criminal procedure law is amended by adding three new 48 sections 510.25, 510.26 and 510.27 to read as follows: 49 § 510.25 Prosecutor; motion. 50 The prosecutor may file with the court at any time, including at any 51 time before or after the principal's release from custody, a motion 52 seeking the pre-trial detention of the principal for which the prosecu- 53 tor shall present evidence to the court demonstrating that: 54 1. The principal will not appear in court as required; or 55 2. The principal will obstruct or attempt to obstruct justice or the 56 criminal process; orA. 5441 4 1 3. The principal would threaten, injure or intimidate a prospective 2 witness or juror. 3 § 510.26 Prosecutor; motion; evidentiary standard. 4 A motion to the court seeking pre-trial detention pursuant to section 5 510.25 of this article shall set forth admissible evidence as defined by 6 this chapter. There shall be a rebuttable presumption that the principal 7 be detained pending trial if the court, upon consideration of the admis- 8 sible evidence, determines by a preponderance of the evidence that: 9 1. None of the pre-trial supervision services available would ensure 10 the principal's appearance in court when required; or 11 2. The principal would injure or intimidate a prospective witness or 12 juror if released on the principal's own recognizance. 13 § 510.27 Motion for rehearing; securing order. 14 1. The parties, after a determination by the court at a recognizance 15 hearing, at any time before trial, may submit a motion to the court 16 seeking to vacate or modify the securing order. A motion seeking to 17 vacate or modify a securing order shall include admissible evidence 18 showing a change of circumstances with respect to the conditions set 19 forth in section 510.25 of this article. 20 2. The court shall determine by a preponderance of the evidence 21 presented whether the securing order should be vacated or modified. 22 3. The court shall reopen a recognizance hearing upon its own applica- 23 tion, at any time before trial, if the court finds that information 24 exists that was not known to the prosecutor or principal at the time of 25 the recognizance hearing that has a material bearing on the conditions 26 set forth in section 510.25 of this article. The court shall make this 27 information known to the prosecutor and principal prior to the recogni- 28 zance hearing. 29 § 12. Subdivision 1 of section 510.30 of the criminal procedure law, 30 as amended by section 5 of part JJJ of chapter 59 of the laws of 2019, 31 is amended to read as follows: 32 1. With respect to any principal, the court in all cases, unless 33 otherwise provided by law, must impose the least restrictive kind and 34 degree of control or restriction that is necessary to secure the princi- 35 pal's return to court when required. In determining that matter, the 36 court must, on the basis of available information, consider and take 37 into account information about the principal that is relevant to the 38 principal's return to court, including: 39 (a) The principal's activities and history; 40 (b) If the principal is a defendant, the charges facing the principal; 41 (c) The principal's criminal conviction record if any; 42 (d) [The principal's record of previous adjudication as a juvenile43delinquent, as retained pursuant to section 354.2 of the family court44act, or, of pending cases where fingerprints are retained pursuant to45section 306.1 of such act, or a youthful offender, if any;46(e)] The principal's previous record with respect to flight to avoid 47 criminal prosecution; 48 [(f) If monetary bail is authorized, according to the restrictions set49forth in this title, the principal's individual financial circumstances,50and, in cases where bail is authorized, the principal's ability to post51bail without posing undue hardship, as well as his or her ability to52obtain a secured, unsecured, or partially secured bond;53(g)] (e) Where the principal is charged with a crime or crimes against 54 a member or members of the same family or household as that term is 55 defined in subdivision one of section 530.11 of this title, the follow- 56 ing factors:A. 5441 5 1 (i) any violation by the principal of an order of protection issued by 2 any court for the protection of a member or members of the same family 3 or household as that term is defined in subdivision one of section 4 530.11 of this title, whether or not such order of protection is 5 currently in effect; and 6 (ii) the principal's history of use or possession of a firearm; and 7 [(h)] (f) If the principal is a defendant, in the case of an applica- 8 tion for a securing order pending appeal, the merit or lack of merit of 9 the appeal. 10 § 13. Section 510.40 of the criminal procedure law, as amended by 11 section 6 of part JJJ of chapter 59 of the laws of 2019, paragraph (c) 12 of subdivision 4 as amended by section 7 of part UU of chapter 56 of the 13 laws of 2020, is amended to read as follows: 14 § 510.40 Court notification to principal of conditions of release and of 15 alleged violations of conditions of release. 16 1. Upon ordering that a principal be released on the principal's own 17 recognizance, or released under non-monetary conditions, [or, if bail18has been fixed, upon the posting of bail,] the court must direct the 19 principal to appear in the criminal action or proceeding involved when- 20 ever the principal's attendance may be required and to be at all times 21 amenable to the orders and processes of the court. If such principal is 22 in the custody of the sheriff [or at liberty upon bail] at the time of 23 the order, the court must direct that the principal be discharged from 24 such custody [or, as the case may be, that the principal's bail be exon-25erated]. 26 2. [Upon the issuance of an order fixing bail, where authorized, and27upon the posting thereof, the court must examine the bail to determine28whether it complies with the order. If it does, the court must, in the29absence of some factor or circumstance which in law requires or author-30izes disapproval thereof, approve the bail and must issue a certificate31of release, authorizing the principal to be at liberty, and, if the32principal is in the custody of the sheriff at the time, directing the33sheriff to discharge the principal therefrom. If the bail fixed is not34posted, or is not approved after being posted, the court must order that35the principal be committed to the custody of the sheriff. In the event36of any such non-approval, the court shall explain promptly in writing37the reasons therefor.383.] Non-monetary conditions of release shall be individualized and 39 established in writing by the court. At future court appearances, the 40 court shall consider a lessening of conditions or modification of condi- 41 tions to a less burdensome form based on the principal's compliance with 42 such conditions of release. In the event of alleged non-compliance with 43 the conditions of release in an important respect, pursuant to this 44 subdivision, additional conditions may be imposed by the court, on the 45 record or in writing, only after notice of the facts and circumstances 46 of such alleged non-compliance, reasonable under the circumstances, 47 affording the principal and the principal's attorney and the people an 48 opportunity to present relevant, admissible evidence, relevant witnesses 49 and to cross-examine witnesses, and a finding by clear and convincing 50 evidence that the principal violated a condition of release in an impor- 51 tant respect. Following such a finding, in determining whether to impose 52 additional conditions for non-compliance, the court shall consider and 53 may select conditions consistent with the court's obligation to impose 54 the least restrictive condition or conditions that will reasonably 55 assure the defendant's return to court. The court shall explain on theA. 5441 6 1 record or in writing the reasons for its determination and for any 2 changes to the conditions imposed. 3 [4.] 3. (a) Electronic monitoring of a principal's location may be 4 ordered only if the court finds, after notice, an opportunity to be 5 heard and an individualized determination explained on the record or in 6 writing, that the defendant qualifies for electronic monitoring in 7 accordance with subdivision twenty-one of section 500.10 of this title, 8 and no other realistic non-monetary condition or set of non-monetary 9 conditions will suffice to reasonably assure a principal's return to 10 court. 11 (b) The specific method of electronic monitoring of the principal's 12 location must be approved by the court. It must be the least restrictive 13 procedure and method that will reasonably assure the principal's return 14 to court, and unobtrusive to the greatest extent practicable. 15 (c) Electronic monitoring of the location of a principal may be 16 conducted only by a public entity under the supervision and control of a 17 county or municipality or a non-profit entity under contract to the 18 county, municipality or the state. A county or municipality shall be 19 authorized to enter into a contract with another county or municipality 20 in the state to monitor principals under non-monetary conditions of 21 release in its county, but counties, municipalities and the state shall 22 not contract with any private for-profit entity for such purposes. 23 Counties, municipalities and the state may contract with a private for- 24 profit entity to supply electronic monitoring devices or other items, 25 provided that any interaction with persons under electronic monitoring 26 or the data produced by such monitoring shall be conducted solely by 27 employees of a county, municipality, the state, or a non-profit entity 28 under contract with such county, municipality or the state. 29 (d) Electronic monitoring of a principal's location may be for a maxi- 30 mum period of sixty days, and may be renewed for such period, after 31 notice, an opportunity to be heard and a de novo, individualized deter- 32 mination in accordance with this subdivision, which shall be explained 33 on the record or in writing. 34 A defendant subject to electronic location monitoring under this 35 subdivision shall be considered held or confined in custody for purposes 36 of section 180.80 of this chapter and shall be considered committed to 37 the custody of the sheriff for purposes of section 170.70 of the chap- 38 ter, as applicable. 39 [5.] 4. If a principal is released under non-monetary conditions, the 40 court shall, on the record and in an individualized written document 41 provided to the principal, notify the principal, in plain language and a 42 manner sufficiently clear and specific: 43 (a) of any conditions to which the principal is subject, to serve as a 44 guide for the principal's conduct; and 45 (b) that the possible consequences for violation of such a condition 46 may include revocation of the securing order and the ordering of a more 47 restrictive securing order. 48 § 14. Subdivision 1 of section 510.50 of the criminal procedure law, 49 as amended by section 9 of part JJJ of chapter 59 of the laws of 2019, 50 is amended to read as follows: 51 1. When the attendance of a principal confined in the custody of the 52 sheriff is required at the criminal action or proceeding at a particular 53 time and place, the court may compel such attendance by directing the 54 sheriff to produce the principal at such time and place. If the princi- 55 pal is at liberty on the principal's own recognizance or non-monetary 56 conditions [or on bail], the principal's attendance may be achieved orA. 5441 7 1 compelled by various methods, including notification and the issuance of 2 a bench warrant, prescribed by law in provisions governing such matters 3 with respect to the particular kind of action or proceeding involved. 4 § 15. The criminal procedure law is amended by adding a new section 5 510.60 to read as follows: 6 § 510.60 Statistical reports. 7 The division of criminal justice services shall compile and publish 8 data on the disposition of all recognizance hearings in all courts, 9 disaggregated by county and including the following information: 10 1. The aggregate number of recognizance hearings; 11 2. The aggregate number of defendants and principals who were heard at 12 recognizance hearings; 13 3. The race, ethnicity, age and sex of each defendant or principal; 14 4. The crimes each defendant or principal were charged with; and 15 5. The disposition of each hearing whether for recognizance or commit- 16 ment. 17 § 16. Articles 520 and 540 of the criminal procedure law are REPEALED. 18 § 17. The article heading of article 530 of the criminal procedure law 19 is amended to read as follows: 20 ORDERS OF RECOGNIZANCE 21 OR [BAIL] SECURING ORDERS WITH 22 RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS 23 AND PROCEEDINGS--WHEN AND BY WHAT 24 COURTS AUTHORIZED 25 § 18. The section heading of section 530.10 of the criminal procedure 26 law, as amended by section 11 of part JJJ of chapter 59 of the laws of 27 2019, is amended to read as follows: 28 Order of recognizance release under non-monetary conditions or [bail] 29 securing orders; in general. 30 § 19. The opening paragraph of subdivision 1 of section 530.12 of the 31 criminal procedure law, as amended by chapter 526 of the laws of 2013, 32 is amended to read as follows: 33 When a criminal action is pending involving a complaint charging any 34 crime or violation between spouses, former spouses, parent and child, or 35 between members of the same family or household, as members of the same 36 family or household are defined in subdivision one of section 530.11 of 37 this article, the court, in addition to any other powers conferred upon 38 it by this chapter may issue a temporary order of protection in conjunc- 39 tion with any securing order committing the defendant to the custody of 40 the sheriff or as a condition of any order of recognizance [or bail] or 41 an adjournment in contemplation of dismissal. 42 § 20. Subdivision 9 of section 530.12 of the criminal procedure law, 43 as amended by section 81 of subpart B of part C of chapter 62 of the 44 laws of 2011, is amended to read as follows: 45 9. If no warrant, order or temporary order of protection has been 46 issued by the court, and an act alleged to be a family offense as 47 defined in section 530.11 of this [chapter] article is the basis of the 48 arrest, the magistrate shall permit the complainant to file a petition, 49 information or accusatory instrument and for reasonable cause shown, 50 shall thereupon hold such respondent or defendant, admit to, [fix or51accept bail,] or parole [him or her] the respondent or defendant for 52 hearing before the family court or appropriate criminal court as the 53 complainant shall choose in accordance with the provisions of section 54 530.11 of this [chapter] article.A. 5441 8 1 § 21. Paragraph (a) of subdivision 11 of section 530.12 of the crimi- 2 nal procedure law, as amended by section 15 of part JJJ of chapter 59 of 3 the laws of 2019, is amended to read as follows: 4 (a) revoke an order of recognizance or release under non-monetary 5 conditions [or revoke an order of bail or order forfeiture of such bail] 6 and commit the defendant to custody; or 7 § 22. Paragraph (a) of subdivision 8 of section 530.13 of the criminal 8 procedure law, as amended by section 13 of part JJJ of chapter 59 of the 9 laws of 2019, is amended to read as follows: 10 (a) revoke an order of recognizance, release under non-monetary condi- 11 tions [or bail] and commit the defendant to custody; or 12 § 23. Paragraph (b) of subdivision 1 of section 530.20 of the criminal 13 procedure law, as amended by section 3 of part UU of chapter 56 of the 14 laws of 2020, is amended to read as follows: 15 (b) Where the principal stands charged with a qualifying offense, the 16 court, unless otherwise prohibited by law, may in its discretion release 17 the principal pending trial on the principal's own recognizance or under 18 non-monetary conditions, [fix bail,] or, where the defendant is charged 19 with a qualifying offense which is a felony, the court may commit the 20 principal to the custody of the sheriff. The court shall explain its 21 choice of release, release with conditions, [bail] or remand on the 22 record or in writing. A principal stands charged with a qualifying 23 offense when he or she stands charged with: 24 (i) a felony enumerated in section 70.02 of the penal law, other than 25 robbery in the second degree as defined in subdivision one of section 26 160.10 of the penal law, provided, however, that burglary in the second 27 degree as defined in subdivision two of section 140.25 of the penal law 28 shall be a qualifying offense only where the defendant is charged with 29 entering the living area of the dwelling; 30 (ii) a crime involving witness intimidation under section 215.15 of 31 the penal law; 32 (iii) a crime involving witness tampering under section 215.11, 215.12 33 or 215.13 of the penal law; 34 (iv) a class A felony defined in the penal law, provided, that for 35 class A felonies under article two hundred twenty of such law, only 36 class A-I felonies shall be a qualifying offense; 37 (v) a sex trafficking offense defined in section 230.34 or 230.34-a of 38 the penal law, or a felony sex offense defined in section 70.80 of the 39 penal law or a crime involving incest as defined in section 255.25, 40 255.26 or 255.27 of such law, or a misdemeanor defined in article one 41 hundred thirty of such law; 42 (vi) conspiracy in the second degree as defined in section 105.15 of 43 the penal law, where the underlying allegation of such charge is that 44 the defendant conspired to commit a class A felony defined in article 45 one hundred twenty-five of the penal law; 46 (vii) money laundering in support of terrorism in the first degree as 47 defined in section 470.24 of the penal law; money laundering in support 48 of terrorism in the second degree as defined in section 470.23 of the 49 penal law; money laundering in support of terrorism in the third degree 50 as defined in section 470.22 of the penal law; money laundering in 51 support of terrorism in the fourth degree as defined in section 470.21 52 of the penal law; or a felony crime of terrorism as defined in article 53 four hundred ninety of the penal law, other than the crime defined in 54 section 490.20 of such law; 55 (viii) criminal contempt in the second degree as defined in subdivi- 56 sion three of section 215.50 of the penal law, criminal contempt in theA. 5441 9 1 first degree as defined in subdivision (b), (c) or (d) of section 215.51 2 of the penal law or aggravated criminal contempt as defined in section 3 215.52 of the penal law, and the underlying allegation of such charge of 4 criminal contempt in the second degree, criminal contempt in the first 5 degree or aggravated criminal contempt [is that] when the defendant 6 violated a duly served order of protection where the protected party is 7 a member of the defendant's same family or household as defined in 8 subdivision one of section 530.11 of this article; 9 (ix) facilitating a sexual performance by a child with a controlled 10 substance or alcohol as defined in section 263.30 of the penal law, use 11 of a child in a sexual performance as defined in section 263.05 of the 12 penal law or luring a child as defined in subdivision one of section 13 120.70 of the penal law, promoting an obscene sexual performance by a 14 child as defined in section 263.10 of the penal law or promoting a sexu- 15 al performance by a child as defined in section 263.15 of the penal law; 16 (x) any crime that is alleged to have caused the death of another 17 person; 18 (xi) criminal obstruction of breathing or blood circulation as defined 19 in section 121.11 of the penal law, strangulation in the second degree 20 as defined in section 121.12 of the penal law or unlawful imprisonment 21 in the first degree as defined in section 135.10 of the penal law, and 22 is alleged to have committed the offense against a member of the defend- 23 ant's same family or household as defined in subdivision one of section 24 530.11 of this article; 25 (xii) aggravated vehicular assault as defined in section 120.04-a of 26 the penal law or vehicular assault in the first degree as defined in 27 section 120.04 of the penal law; 28 (xiii) assault in the third degree as defined in section 120.00 of the 29 penal law or arson in the third degree as defined in section 150.10 of 30 the penal law, when such crime is charged as a hate crime as defined in 31 section 485.05 of the penal law; 32 (xiv) aggravated assault upon a person less than eleven years old as 33 defined in section 120.12 of the penal law or criminal possession of a 34 weapon on school grounds as defined in section 265.01-a of the penal 35 law; 36 (xv) grand larceny in the first degree as defined in section 155.42 of 37 the penal law, enterprise corruption as defined in section 460.20 of the 38 penal law, or money laundering in the first degree as defined in section 39 470.20 of the penal law; 40 (xvi) failure to register as a sex offender pursuant to section one 41 hundred sixty-eight-t of the correction law or endangering the welfare 42 of a child as defined in subdivision one of section 260.10 of the penal 43 law, where the defendant is required to maintain registration under 44 article six-C of the correction law and designated a level three offen- 45 der pursuant to subdivision six of section one hundred sixty-eight-l of 46 the correction law; 47 (xvii) [a crime involving bail jumping under section 215.55, 215.56 or48215.57 of the penal law, or] a crime involving escaping from custody 49 under section 205.05, 205.10 or 205.15 of the penal law; 50 (xviii) any felony offense committed by the principal while serving a 51 sentence of probation or while released to post release supervision; 52 (xix) a felony, where the defendant qualifies for sentencing on such 53 charge as a persistent felony offender pursuant to section 70.10 of the 54 penal law; or 55 (xx) any felony or class A misdemeanor involving harm to an identifi- 56 able person [or property], where such charge arose from conduct occur-A. 5441 10 1 ring while the defendant was released on [his or her] the defendant's 2 own recognizance or released under conditions for a separate felony or 3 class A misdemeanor involving harm to an identifiable person [or proper-4ty], provided, however, that the prosecutor must show reasonable cause 5 to believe that the defendant committed the instant crime and any under- 6 lying crime. For the purposes of this subparagraph, any of the underly- 7 ing crimes need not be a qualifying offense as defined in this subdivi- 8 sion. 9 § 24. Section 530.30 of the criminal procedure law, the section head- 10 ing, subdivision 1 and subdivision 2 as amended by section 17 of part 11 JJJ of chapter 59 of the laws of 2019, is amended to read as follows: 12 § 530.30 Order of recognizance, release under non-monetary conditions or 13 [bail] securing order; by superior court judge when action 14 is pending in local criminal court. 15 1. When a criminal action is pending in a local criminal court, other 16 than one consisting of a superior court judge sitting as such, a judge 17 of a superior court holding a term thereof in the county, upon applica- 18 tion of a defendant, may order recognizance[,] or release under non-mon- 19 etary conditions [or, where authorized, bail] when such local criminal 20 court: 21 (a) Lacks authority to issue such an order, pursuant to the relevant 22 provisions of section 530.20 of this article; or 23 (b) Has denied an application for recognizance[,] or release under 24 non-monetary conditions [or bail]; or 25 (c) [Has fixed bail, where authorized, which is excessive; or26(d)] Has set a securing order of release under non-monetary conditions 27 which are more restrictive than necessary to reasonably assure the 28 defendant's return to court. 29 In such case, such superior court judge may vacate the order of such 30 local criminal court and release the defendant on recognizance or under 31 non-monetary conditions, [or where authorized, fix bail in a lesser32amount or in a less burdensome form,] whichever are the least restric- 33 tive alternative and conditions that will reasonably assure the defend- 34 ant's return to court. The court shall explain its choice of alternative 35 and conditions on the record or in writing. 36 2. Notwithstanding the provisions of subdivision one of this section, 37 when the defendant is charged with a felony in a local criminal court, a 38 superior court judge may not order recognizance[,] or release under 39 non-monetary conditions [or, where authorized, bail] unless and until 40 the district attorney has had an opportunity to be heard in the matter 41 and such judge and counsel for the defendant have been furnished with a 42 report as described in subparagraph (ii) of paragraph (b) of subdivision 43 two of section 530.20 of this article. 44 3. Not more than one application may be made pursuant to this section. 45 § 25. Section 530.40 of the criminal procedure law, as amended by 46 section 18 of part JJJ of chapter 59 of the laws of 2019, subdivision 4 47 as amended by section 4 of part UU of chapter 56 of the laws of 2020, is 48 amended to read as follows: 49 § 530.40 Order of recognizance, release under non-monetary conditions or 50 [bail] securing order; by superior court when action is pend- 51 ing therein. 52 When a criminal action is pending in a superior court, such court, 53 upon application of a defendant, must or may order recognizance or 54 [bail] release under non-monetary conditions as follows: 55 1. When the defendant is charged with an offense or offenses of less 56 than felony grade only, the court must, unless otherwise provided byA. 5441 11 1 law, order recognizance or release under non-monetary conditions in 2 accordance with this section. 3 2. When the defendant is charged with a felony, the court may, unless 4 otherwise provided by law in its discretion, order recognizance[,] or 5 release under non-monetary conditions [or, where authorized, bail]. In 6 any such case in which an indictment (a) has resulted from an order of a 7 local criminal court holding the defendant for the action of the grand 8 jury, or (b) was filed at a time when a felony complaint charging the 9 same conduct was pending in a local criminal court, and in which such 10 local criminal court or a superior court judge has issued an order of 11 recognizance[,] or release under non-monetary conditions [or, where12authorized, bail] which is still effective, the superior court's order 13 may be in the form of a direction continuing the effectiveness of the 14 previous order. 15 3. In cases other than as described in subdivision four of this 16 section the court shall release the principal pending trial on the prin- 17 cipal's own recognizance, unless the court finds on the record or in 18 writing that release on the principal's own recognizance will not 19 reasonably assure the principal's return to court. In such instances, 20 the court shall release the principal under non-monetary conditions, 21 selecting the least restrictive alternative and conditions that will 22 reasonably assure the principal's return to court. The court shall 23 explain its choice of alternative and conditions on the record or in 24 writing. 25 4. Where the principal stands charged with a qualifying offense, the 26 court, unless otherwise prohibited by law, may in its discretion release 27 the principal pending trial on the principal's own recognizance or under 28 non-monetary conditions, [fix bail,] or, where the defendant is charged 29 with a qualifying offense which is a felony, the court may commit the 30 principal to the custody of the sheriff. The court shall explain its 31 choice of release, release with conditions[, bail] or remand on the 32 record or in writing. A principal stands charged with a qualifying 33 offense for the purposes of this subdivision when [he or she] the prin- 34 cipal stands charged with: 35 (a) a felony enumerated in section 70.02 of the penal law, other than 36 robbery in the second degree as defined in subdivision one of section 37 160.10 of the penal law, provided, however, that burglary in the second 38 degree as defined in subdivision two of section 140.25 of the penal law 39 shall be a qualifying offense only where the defendant is charged with 40 entering the living area of the dwelling; 41 (b) a crime involving witness intimidation under section 215.15 of the 42 penal law; 43 (c) a crime involving witness tampering under section 215.11, 215.12 44 or 215.13 of the penal law; 45 (d) a class A felony defined in the penal law, provided that for class 46 A felonies under article two hundred twenty of such law, only class A-I 47 felonies shall be a qualifying offense; 48 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of 49 the penal law, or a felony sex offense defined in section 70.80 of the 50 penal law or a crime involving incest as defined in section 255.25, 51 255.26 or 255.27 of such law, or a misdemeanor defined in article one 52 hundred thirty of such law; 53 (f) conspiracy in the second degree as defined in section 105.15 of 54 the penal law, where the underlying allegation of such charge is that 55 the defendant conspired to commit a class A felony defined in article 56 one hundred twenty-five of the penal law;A. 5441 12 1 (g) money laundering in support of terrorism in the first degree as 2 defined in section 470.24 of the penal law; money laundering in support 3 of terrorism in the second degree as defined in section 470.23 of the 4 penal law; money laundering in support of terrorism in the third degree 5 as defined in section 470.22 of the penal law; money laundering in 6 support of terrorism in the fourth degree as defined in section 470.21 7 of the penal law; or a felony crime of terrorism as defined in article 8 four hundred ninety of the penal law, other than the crime defined in 9 section 490.20 of such law; 10 (h) criminal contempt in the second degree as defined in subdivision 11 three of section 215.50 of the penal law, criminal contempt in the first 12 degree as defined in subdivision (b), (c) or (d) of section 215.51 of 13 the penal law or aggravated criminal contempt as defined in section 14 215.52 of the penal law, and the underlying allegation of such charge of 15 criminal contempt in the second degree, criminal contempt in the first 16 degree or aggravated criminal contempt [is that] when the defendant 17 violated a duly served order of protection where the protected party is 18 a member of the defendant's same family or household as defined in 19 subdivision one of section 530.11 of this article; 20 (i) facilitating a sexual performance by a child with a controlled 21 substance or alcohol as defined in section 263.30 of the penal law, use 22 of a child in a sexual performance as defined in section 263.05 of the 23 penal law or luring a child as defined in subdivision one of section 24 120.70 of the penal law, promoting an obscene sexual performance by a 25 child as defined in section 263.10 of the penal law or promoting a sexu- 26 al performance by a child as defined in section 263.15 of the penal law; 27 (j) any crime that is alleged to have caused the death of another 28 person; 29 (k) criminal obstruction of breathing or blood circulation as defined 30 in section 121.11 of the penal law, strangulation in the second degree 31 as defined in section 121.12 of the penal law or unlawful imprisonment 32 in the first degree as defined in section 135.10 of the penal law, and 33 is alleged to have committed the offense against a member of the defend- 34 ant's same family or household as defined in subdivision one of section 35 530.11 of this article; 36 (l) aggravated vehicular assault as defined in section 120.04-a of the 37 penal law or vehicular assault in the first degree as defined in section 38 120.04 of the penal law; 39 (m) assault in the third degree as defined in section 120.00 of the 40 penal law or arson in the third degree as defined in section 150.10 of 41 the penal law, when such crime is charged as a hate crime as defined in 42 section 485.05 of the penal law; 43 (n) aggravated assault upon a person less than eleven years old as 44 defined in section 120.12 of the penal law or criminal possession of a 45 weapon on school grounds as defined in section 265.01-a of the penal 46 law; 47 (o) grand larceny in the first degree as defined in section 155.42 of 48 the penal law, enterprise corruption as defined in section 460.20 of the 49 penal law, or money laundering in the first degree as defined in section 50 470.20 of the penal law; 51 (p) failure to register as a sex offender pursuant to section one 52 hundred sixty-eight-t of the correction law or endangering the welfare 53 of a child as defined in subdivision one of section 260.10 of the penal 54 law, where the defendant is required to maintain registration under 55 article six-C of the correction law and designated a level three offen-A. 5441 13 1 der pursuant to subdivision six of section one hundred sixty-eight-l of 2 the correction law; 3 (q) [a crime involving bail jumping under section 215.55, 215.56 or4215.57 of the penal law, or] a crime involving escaping from custody 5 under section 205.05, 205.10 or 205.15 of the penal law; 6 (r) any felony offense committed by the principal while serving a 7 sentence of probation or while released to post release supervision; 8 (s) a felony, where the defendant qualifies for sentencing on such 9 charge as a persistent felony offender pursuant to section 70.10 of the 10 penal law; or 11 (t) any felony or class A misdemeanor involving harm to an identifi- 12 able person [or property], where such charge arose from conduct occur- 13 ring while the defendant was released on [his or her] the defendant's 14 own recognizance or released under conditions for a separate felony or 15 class A misdemeanor involving harm to an identifiable person [or proper-16ty], provided, however, that the prosecutor must show reasonable cause 17 to believe that the defendant committed the instant crime and any under- 18 lying crime. For the purposes of this subparagraph, any of the underly- 19 ing crimes need not be a qualifying offense as defined in this subdivi- 20 sion. 21 5. [Notwithstanding the provisions of subdivisions three and four of22this section, with respect to any charge for which bail or remand is not23ordered, and for which the court would not or could not otherwise24require bail or remand, a defendant may, at any time, request that the25court set bail in a nominal amount requested by the defendant in the26form specified in paragraph (a) of subdivision one of section 520.10 of27this title; if the court is satisfied that the request is voluntary, the28court shall set such bail in such amount.296.] Notwithstanding the provisions of subdivisions two, three and four 30 of this section, a superior court may not order recognizance, release 31 under non-monetary conditions [or, where authorized, bail,] or permit a 32 defendant to remain at liberty pursuant to an existing order, after the 33 defendant has been convicted of either: (a) a class A felony or (b) any 34 class B or class C felony as defined in article one hundred thirty of 35 the penal law committed or attempted to be committed by a person eigh- 36 teen years of age or older against a person less than eighteen years of 37 age. In either case the court must commit or remand the defendant to the 38 custody of the sheriff. 39 [7.] 6. Notwithstanding the provisions of subdivisions two, three and 40 four of this section, a superior court may not order recognizance[,] or 41 release under non-monetary conditions [or, where authorized, bail] when 42 the defendant is charged with a felony unless and until the district 43 attorney has had an opportunity to be heard in the matter and such court 44 and counsel for the defendant have been furnished with a report as 45 described in subparagraph (ii) of paragraph (b) of subdivision two of 46 section 530.20 of this article. 47 § 26. The section heading and subdivision 1 of section 530.45 of the 48 criminal procedure law, the section heading as added by chapter 435 of 49 the laws of 1974 and subdivision 1 as amended by section 19 of part JJJ 50 of chapter 59 of the laws of 2019, are amended to read as follows: 51 Order of recognizance or [bail] securing order; after conviction and 52 before sentence. 53 1. When the defendant is at liberty in the course of a criminal action 54 as a result of a prior order of recognizance[,] or release under non- 55 monetary conditions [or bail] and the court revokes such order and then, 56 where authorized, [fixes no bail or fixes bail in a greater amount or inA. 5441 14 1a more burdensome form than was previously fixed and] remands or commits 2 defendant to the custody of the sheriff, or issues a more restrictive 3 securing order, a judge designated in subdivision two of this section, 4 upon application of the defendant following conviction of an offense 5 other than a class A felony or a class B or class C felony offense as 6 defined in article one hundred thirty of the penal law committed or 7 attempted to be committed by a person eighteen years of age or older 8 against a person less than eighteen years of age, and before sentencing, 9 may issue a securing order and release the defendant on the defendant's 10 own recognizance, release the defendant under non-monetary conditions, 11 [or, where authorized, fix bail or fix bail in a lesser amount or in a12less burdensome form,] or issue a less restrictive securing order, than 13 fixed by the court in which the conviction was entered. 14 § 27. Subdivision 2-a of section 530.45 of the criminal procedure law, 15 as added by section 9 of part UU of chapter 56 of the laws of 2020, is 16 amended to read as follows: 17 2-a. Notwithstanding the provisions of subdivision four of section 18 510.10, paragraph (b) of subdivision one of section 530.20 and subdivi- 19 sion four of section 530.40 of this title, when a defendant charged with 20 an offense that is not such a qualifying offense is convicted, whether 21 by guilty plea or verdict, in such criminal action or proceeding of an 22 offense that is not a qualifying offense, the court may, in accordance 23 with law, issue a securing order: releasing the defendant on the defend- 24 ant's own recognizance or under non-monetary conditions [where author-25ized, fix bail], or remand the defendant to the custody of the sheriff 26 where authorized. 27 § 28. Subdivision 6 of section 530.45 of the criminal procedure law, 28 as added by chapter 435 of the laws of 1974, is amended to read as 29 follows: 30 6. Where the defendant is at liberty during the pendency of an appeal 31 as a result of an order issued pursuant to this section, the intermedi- 32 ate appellate court, upon affirmance of the judgment, must by appropri- 33 ate certificate remit the case to the criminal court in which such judg- 34 ment was entered. The criminal court must, upon at least two days notice 35 to the defendant[, his surety] and his attorney, promptly direct the 36 defendant to surrender himself to the criminal court in order that 37 execution of the judgment be commenced or resumed, and if necessary the 38 criminal court may issue a bench warrant to secure his appearance. 39 § 29. Section 530.50 of the criminal procedure law, as amended by 40 chapter 264 of the laws of 2003, subdivision 1 as designated and subdi- 41 vision 2 as added by section 10 of part UU of chapter 56 of the laws of 42 2020, is amended to read as follows: 43 § 530.50 Order of recognizance or [bail] securing order; during pendency 44 of appeal. 45 1. A judge who is otherwise authorized pursuant to section 460.50 or 46 section 460.60 to issue an order of recognizance [or bail] pending the 47 determination of an appeal, may do so unless the defendant received a 48 class A felony sentence or a sentence for any class B or class C felony 49 offense defined in article one hundred thirty of the penal law committed 50 or attempted to be committed by a person eighteen years of age or older 51 against a person less than eighteen years of age. 52 2. Notwithstanding the provisions of subdivision four of section 53 510.10, paragraph (b) of subdivision one of section 530.20 and subdivi- 54 sion four of section 530.40 of this title, when a defendant charged with 55 an offense that is not such a qualifying offense applies, pending deter- 56 mination of an appeal, for an order of recognizance or release on non-A. 5441 15 1 monetary conditions, where authorized, [or fixing bail,] a judge identi- 2 fied in subdivision two of section 460.50 or paragraph (a) of 3 subdivision one of section 460.60 of this chapter may, in accordance 4 with law, and except as otherwise provided by law, issue a securing 5 order: releasing the defendant on the defendant's own recognizance or 6 under non-monetary conditions where authorized, [fixing bail,] or 7 remanding the defendant to the custody of the sheriff where authorized. 8 § 30. Section 530.60 of the criminal procedure law, as amended by 9 section 20 of part JJJ of chapter 59 of the laws of 2019, is amended to 10 read as follows: 11 § 530.60 Certain modifications of a securing order. 12 1. Whenever in the course of a criminal action or proceeding a defend- 13 ant is at liberty as a result of an order of recognizance, release under 14 non-monetary conditions [or bail] issued pursuant to this chapter, and 15 the court considers it necessary to review such order, whether due to a 16 motion by the people or otherwise, the court may, and except as provided 17 in subdivision two of section 510.50 of this title concerning a failure 18 to appear in court, by a bench warrant if necessary, require the defend- 19 ant to appear before the court. Upon such appearance, the court, for 20 good cause shown, may revoke the order of recognizance[,] or release 21 under non-monetary conditions[, or bail]. If the defendant is entitled 22 to recognizance[,] or release under non-monetary conditions[, or bail] 23 as a matter of right, the court must issue another such order. If the 24 defendant is not, the court may either issue such an order or commit the 25 defendant to the custody of the sheriff in accordance with this section. 26 Where the defendant is committed to the custody of the sheriff and is 27 held on a felony complaint, a new period as provided in section 180.80 28 of this chapter shall commence to run from the time of the defendant's 29 commitment under this subdivision. 30 2. (a) Whenever in the course of a criminal action or proceeding a 31 defendant charged with the commission of a felony is at liberty as a 32 result of an order of recognizance[,] or release under non-monetary 33 conditions [or bail issued pursuant to this article] it shall be grounds 34 for revoking such order that the court finds reasonable cause to believe 35 the defendant committed one or more specified class A or violent felony 36 offenses or intimidated a victim or witness in violation of section 37 215.15, 215.16 or 215.17 of the penal law while at liberty. 38 (b) Except as provided in paragraph (a) of this subdivision or any 39 other law, whenever in the course of a criminal action or proceeding a 40 defendant charged with the commission of an offense is at liberty as a 41 result of an order of recognizance[,] or release under non-monetary 42 conditions [or bail issued pursuant to this article] it shall be grounds 43 for revoking such order [and fixing bail] in such criminal action or 44 proceeding when the court has found, by clear and convincing evidence, 45 that the defendant: 46 (i) persistently and willfully failed to appear after notice of sched- 47 uled appearances in the case before the court; or 48 (ii) violated an order of protection in the manner prohibited by 49 subdivision (b), (c) or (d) of section 215.51 of the penal law while at 50 liberty; or 51 (iii) stands charged in such criminal action or proceeding with a 52 misdemeanor or violation and, after being so charged, intimidated a 53 victim or witness in violation of section 215.15, 215.16 or 215.17 of 54 the penal law or tampered with a witness in violation of section 215.11, 55 215.12 or 215.13 of the penal law, [law] while at liberty; orA. 5441 16 1 (iv) stands charged in such action or proceeding with a felony and, 2 after being so charged, committed a felony while at liberty. 3 (c) Before revoking an order of recognizance[,] or release under non- 4 monetary conditions, [or bail pursuant to this subdivision,] the court 5 must hold a hearing and shall receive any relevant, admissible evidence 6 not legally privileged. The defendant may cross-examine witnesses and 7 may present relevant, admissible evidence on his own behalf. Such hear- 8 ing may be consolidated with, and conducted at the same time as, a felo- 9 ny hearing conducted pursuant to article one hundred eighty of this 10 chapter. A transcript of testimony taken before the grand jury upon 11 presentation of the subsequent offense shall be admissible as evidence 12 during the hearing. The district attorney may move to introduce grand 13 jury testimony of a witness in lieu of that witness' appearance at the 14 hearing. 15 (d) Revocation of an order of recognizance[,] or release under non- 16 monetary conditions [or bail] and a new securing order [fixing bail or17commitment], as specified in this paragraph and pursuant to this subdi- 18 vision shall be for the following periods: 19 (i) Under paragraph (a) of this subdivision, revocation of the order 20 of recognizance[,] or release under non-monetary conditions [or, as the21case may be, bail,] and a new securing order [fixing bail] or committing 22 the defendant to the custody of the sheriff shall be as follows: 23 (A) For a period not to exceed ninety days exclusive of any periods of 24 adjournment requested by the defendant; or 25 (B) Until the charges contained within the accusatory instrument have 26 been reduced or dismissed such that no count remains which charges the 27 defendant with commission of a felony; or 28 (C) Until reduction or dismissal of the charges contained within the 29 accusatory instrument charging the subsequent offense such that no count 30 remains which charges the defendant with commission of a class A or 31 violent felony offense. 32 Upon expiration of any of the three periods specified within this 33 subparagraph, whichever is shortest, the court may grant or deny release 34 upon an order of [bail or] recognizance or a securing order in accord- 35 ance with the provisions of this article. Upon conviction to an offense 36 the provisions of article five hundred thirty of this chapter shall 37 apply; and 38 (ii) Under paragraph (b) of this subdivision, revocation of the order 39 of recognizance[,] or release under non-monetary conditions [or, as the40case may be, bail] shall result in the issuance of a new securing order 41 which may, if otherwise authorized by law, permit the principal's 42 release on recognizance or release under non-monetary conditions, [but43shall also render the defendant eligible for an order fixing bail] 44 provided, however, that in accordance with the principles in this title 45 the court must select the least restrictive alternative and condition or 46 conditions that will reasonably assure the principal's return to court. 47 Nothing in this subparagraph shall be interpreted as shortening the 48 period of detention, or requiring or authorizing any less restrictive 49 form of a securing order, which may be imposed pursuant to any other 50 law. 51 (e) Notwithstanding the provisions of paragraph (a) or (b) of this 52 subdivision a defendant, against whom a felony complaint has been filed 53 which charges the defendant with commission of a class A or violent 54 felony offense or violation of section 215.15, 215.16 or 215.17 of the 55 penal law committed while he was at liberty as specified therein, may be 56 committed to the custody of the sheriff pending a revocation hearing forA. 5441 17 1 a period not to exceed seventy-two hours. An additional period not to 2 exceed seventy-two hours may be granted by the court upon application of 3 the district attorney upon a showing of good cause or where the failure 4 to commence the hearing was due to the defendant's request or occurred 5 with [his] the defendant's consent. Such good cause must consist of some 6 compelling fact or circumstance which precluded conducting the hearing 7 within the initial prescribed period. 8 § 31. The section heading of section 530.70 of the criminal procedure 9 law is amended to read as follows: 10 Order of recognizance or [bail] securing order; bench warrant. 11 § 32. Section 530.80 of the criminal procedure law is REPEALED. 12 § 33. The opening paragraph of subdivision 2 of section 30.30 of the 13 criminal procedure law, as amended by section 1 of part KKK of chapter 14 59 of the laws of 2019, is amended to read as follows: 15 Except as provided in subdivision three of this section, where a 16 defendant has been committed to the custody of the sheriff or the office 17 of children and family services in a criminal action [he or she] the 18 defendant must be released on [bail or on his or her] the defendant's 19 own recognizance, upon such conditions as may be just and reasonable, if 20 the people are not ready for trial in that criminal action within: 21 § 34. Subparagraph (ii) of paragraph (c) of subdivision 4 of section 22 30.30 of the criminal procedure law, as amended by section 1 of part KKK 23 of chapter 59 of the laws of 2019, is amended to read as follows: 24 (ii) where the defendant has either escaped from custody or has failed 25 to appear when required after having previously been released on [bail26or on his] the defendant's own recognizance, and provided the defendant 27 is not in custody on another matter, the period extending from the day 28 the court issues a bench warrant pursuant to section 530.70 of this 29 chapter because of the defendant's failure to appear in court when 30 required, to the day the defendant subsequently appears in the court 31 pursuant to a bench warrant or voluntarily or otherwise; or 32 § 35. Subdivision 3 of section 120.90 of the criminal procedure law, 33 as amended by chapter 424 of the laws of 1998, is amended to read as 34 follows: 35 3. Upon arresting a defendant for an offense other than a felony 36 pursuant to a warrant of arrest in a county other than the one in which 37 the warrant is returnable or one adjoining it, a police officer, if [he] 38 the police officer be one to whom the warrant is addressed, must inform 39 the defendant that [he] the defendant has a right to appear before a 40 local criminal court of the county of arrest for the purpose of being 41 released on [his] the defendant's own recognizance or [having bail42fixed] under non-monetary conditions. If the defendant does not desire 43 to [avail himself of] exercise such right, the officer must request 44 [him] the defendant to endorse such fact upon the warrant, and upon such 45 endorsement the officer must without unnecessary delay bring [him] the 46 defendant before the court in which the warrant is returnable. If the 47 defendant does desire to [avail himself of] exercise such right, or if 48 [he] the defendant refuses to make the aforementioned endorsement, the 49 officer must without unnecessary delay bring [him] the defendant before 50 a local criminal court of the county of arrest. Such court must release 51 the defendant on [his] the defendant's own recognizance [or fix bail] 52 for [his] the defendant's appearance on a specified date in the court in 53 which the warrant is returnable. [If the defendant is in default of54bail, the officer must without unnecessary delay bring him before the55court in which the warrant is returnable.]A. 5441 18 1 § 36. Subdivision 4 of section 120.90 of the criminal procedure law, 2 as amended by chapter 424 of the laws of 1998, is amended to read as 3 follows: 4 4. Upon arresting a defendant for an offense other than a felony 5 pursuant to a warrant of arrest in a county other than the one in which 6 the warrant is returnable or one adjoining it, a police officer, if [he] 7 the police officer be one delegated to execute the warrant pursuant to 8 section 120.60, may hold the defendant in custody in the county of 9 arrest for a period not exceeding two hours for the purpose of deliver- 10 ing [him] the defendant to the custody of the officer by whom he was 11 delegated to execute such warrant. If the delegating officer receives 12 custody of the defendant during such period, [he] the delegating officer 13 must proceed as provided in subdivision three. Otherwise, the delegated 14 officer must inform the defendant that [he] the defendant has a right to 15 appear before a local criminal court for the purpose of being released 16 on [his] the defendant's own recognizance or [having bail fixed] under 17 non-monetary conditions. If the defendant does not desire to [avail18himself of] exercise such right, the officer must request [him] the 19 defendant to make, sign and deliver to him a written statement of such 20 fact, and if the defendant does so, the officer must retain custody of 21 [him] the defendant but must without unnecessary delay deliver [him] the 22 defendant or cause [him] the defendant to be delivered to the custody of 23 the delegating police officer. If the defendant does desire to [avail24himself of] exercise such right, or if [he] the defendant refuses to 25 make and deliver the aforementioned statement, the delegated or arrest- 26 ing officer must without unnecessary delay bring [him] the defendant 27 before a local criminal court of the county of arrest and must submit to 28 such court a written statement reciting the material facts concerning 29 the issuance of the warrant, the offense involved, and all other essen- 30 tial matters relating thereto. Upon the submission of such statement, 31 such court must release the defendant on [his] the defendant's own 32 recognizance or [fix bail] under non-monetary conditions for [his] the 33 defendant's appearance on a specified date in the court in which the 34 warrant is returnable. [If the defendant is in default of bail, the35officer must retain custody of him but must without unnecessary delay36deliver him or cause him to be delivered to the custody of the delegat-37ing officer. Upon receiving such custody, the latter must without unnec-38essary delay bring the defendant before the court in which the warrant39is returnable.] 40 § 37. Subdivision 6 of section 120.90 of the criminal procedure law, 41 as amended by section 16 of part WWW of chapter 59 of the laws of 2017, 42 is amended to read as follows: 43 6. Before bringing a defendant arrested pursuant to a warrant before 44 the local criminal court or youth part of a superior court in which such 45 warrant is returnable, a police officer must without unnecessary delay 46 perform all fingerprinting and other preliminary police duties required 47 in the particular case. In any case in which the defendant is not 48 brought by a police officer before such court but, following [his] the 49 defendant's arrest in another county for an offense specified in subdi- 50 vision one of section 160.10, is released by a local criminal court of 51 such other county on [his] the defendant's own recognizance or [on bail] 52 under non-monetary conditions for [his] the defendant's appearance on a 53 specified date before the local criminal court before which the warrant 54 is returnable, the latter court must, upon arraignment of the defendant 55 before it, direct that [he] the defendant be fingerprinted by the appro-A. 5441 19 1 priate officer or agency, and that [he] the defendant appear at an 2 appropriate designated time and place for such purpose. 3 § 38. Subdivision 2 of section 140.20 of the criminal procedure law, 4 as amended by chapter 550 of the laws of 1987, is amended to read as 5 follows: 6 2. If the arrest is for an offense other than a class A, B, C or D 7 felony or a violation of section 130.25, 130.40, 205.10, 205.17[,] or 8 205.19 [or 215.56] of the penal law, the arrested person [need] must not 9 be brought before a local criminal court as provided in subdivision 10 one[, and the procedure may instead be as follows:11(a) A police officer may issue and serve an appearance ticket upon the12arrested person and release him from custody, as prescribed in subdivi-13sion two of section 150.20; or14(b) The desk officer in charge at a police station, county jail or15police headquarters, or any of his superior officers, may, in such place16fix pre-arraignment bail and, upon deposit thereof, issue and serve an17appearance ticket upon the arrested person and release him from custody,18as prescribed in section 150.30] of this section. Instead, a police 19 officer must issue and serve an appearance ticket upon the arrested 20 person and release the arrested person from custody, as prescribed in 21 subdivision two of section 150.20. 22 § 39. Subdivision 3 of section 140.20 of the criminal procedure law, 23 as amended by chapter 550 of the laws of 1987, is amended to read as 24 follows: 25 3. If (a) the arrest is for an offense other than a class A, B, C or D 26 felony or a violation of section 130.25, 130.40, 205.10, 205.17[,] or 27 205.19 [or 215.56] of the penal law, and (b) owing to unavailability of 28 a local criminal court the arresting police officer is unable to bring 29 the arrested person before such a court with reasonable promptness, 30 [either] an appearance ticket must be served unconditionally upon the 31 arrested person [or pre-arraignment bail must be fixed, as prescribed in32subdivision two. If pre-arraignment bail is fixed but not posted, such33arrested person may be temporarily held in custody but must be brought34before a local criminal court without unnecessary delay]. Nothing 35 contained in this subdivision requires a police officer to serve an 36 appearance ticket upon an arrested person or release [him] the arrested 37 person from custody at a time when such person appears to be under the 38 influence of alcohol, narcotics or other drug to the degree that [he] 39 such person may endanger [himself] themselves or other persons. 40 § 40. Subdivision 3 of section 140.40 of the criminal procedure law, 41 as amended by chapter 550 of the laws of 1987, is amended to read as 42 follows: 43 3. If the arrest is for an offense other than a class A, B, C or D 44 felony or a violation of section 130.25, 130.40, 205.10, 205.17[,] or 45 205.19 [or 215.56] of the penal law, the arrested person [need] must not 46 be brought before a local criminal court, as provided in subdivision 47 one[, and the procedure may instead be as follows:48(a) An appropriate police officer may issue and serve an appearance49ticket upon the arrested person and release him from custody, as50prescribed in subdivision two of section 150.20; or51(b) The desk officer in charge at the appropriate police officer's52station, county jail or police headquarters, or any of his superior53officers, may, in such place, fix pre-arraignment bail and, upon deposit54thereof, issue and serve an appearance ticket upon the arrested person55and release him from custody, as prescribed in section 150.30] of this 56 section. Instead, an appropriate police officer must issue and serve anA. 5441 20 1 appearance ticket upon the arrested person and release the arrested 2 person from custody, as prescribed in subdivision two of section 150.20. 3 § 41. Subdivision 2 of section 150.20 of the criminal procedure law, 4 as amended by chapter 550 of the laws of 1987, is amended to read as 5 follows: 6 2. (a) Whenever a police officer has arrested a person without a 7 warrant for an offense other than a class A, B, C or D felony or a 8 violation of section 130.25, 130.40, 205.10, 205.17[,] or 205.19 [or9215.56] of the penal law pursuant to section 140.10, or (b) whenever a 10 peace officer, who is not authorized by law to issue an appearance tick- 11 et, has arrested a person for an offense other than a class A, B, C or D 12 felony or a violation of section 130.25, 130.40, 205.10, 205.17[,] or 13 205.19 [or 215.56] of the penal law pursuant to section 140.25, and has 14 requested a police officer to issue and serve upon such arrested person 15 an appearance ticket pursuant to subdivision four of section 140.27, or 16 (c) whenever a person has been arrested for an offense other than a 17 class A, B, C or D felony or a violation of section 130.25, 130.40, 18 205.10, 205.17[,] or 205.19 [or 215.56] of the penal law and has been 19 delivered to the custody of an appropriate police officer pursuant to 20 section 140.40, such police officer may, instead of bringing such person 21 before a local criminal court and promptly filing or causing the arrest- 22 ing peace officer or arresting person to file a local criminal court 23 accusatory instrument therewith, issue to and serve upon such person an 24 appearance ticket. [The issuance and service of an appearance ticket25under such circumstances may be conditioned upon a deposit of pre-arr-26aignment bail, as provided in section 150.30.] 27 § 42. Subdivision 2 of section 150.75 of the criminal procedure law, 28 as added by chapter 360 of the laws of 1977, is amended to read as 29 follows: 30 2. Whenever the defendant is arrested without a warrant, an appearance 31 ticket shall promptly be issued and served upon him, as provided in this 32 article. [The issuance and service of the appearance ticket may be made33conditional upon the posting of pre-arraignment bail as provided in34section 150.30 of this chapter but only if the appropriate police offi-35cer (a) is unable to ascertain the defendant's identity or residence36address; or (b) reasonably suspects that the identification or residence37address given by the defendant is not accurate; or (c) reasonably38suspects that the defendant does not reside within the state.] No 39 warrant of arrest shall be issued unless the defendant has failed to 40 appear in court as required by the terms of the appearance ticket or by 41 the court. 42 § 43. The section heading of section 170.10 of the criminal procedure 43 law is amended to read as follows: 44 Arraignment upon information, simplified traffic information, 45 prosecutor's information or misdemeanor complaint; defendant's presence, 46 defendant's rights[,] and court's instructions [and bail matters]. 47 § 44. Subdivision 7 of section 170.10 of the criminal procedure law is 48 amended to read as follows: 49 7. Upon the arraignment, the court, unless it intends to make a final 50 disposition of the action immediately thereafter, must, as provided in 51 subdivision one of section 530.20, issue a securing order either releas- 52 ing the defendant on [his] the defendant's own recognizance or [fixing53bail] under non-monetary conditions for his future appearance in the 54 action; except that where a defendant appears by counsel pursuant to 55 paragraph (b) of subdivision one of this section, the court must release 56 the defendant on [his] the defendant's own recognizance.A. 5441 21 1 § 45. Subdivision 2 of section 170.25 of the criminal procedure law is 2 amended to read as follows: 3 2. Such order stays the proceedings in the local criminal court pend- 4 ing submission of the charge to the grand jury. Upon the subsequent 5 filing of an indictment in the superior court, the proceedings in the 6 local criminal court terminate and the defendant must be required to 7 appear for arraignment upon the indictment in the manner prescribed in 8 subdivisions one and two of section 210.10. Upon the subsequent filing 9 of a grand jury dismissal of the charge, the proceedings in the local 10 criminal court terminate and the superior court must, if the defendant 11 is not at liberty on [his] the defendant's own recognizance, discharge 12 him from custody [or exonerate his bail, as the case may be]. 13 § 46. Subdivision 3 of 170.50 of the criminal procedure law is amended 14 to read as follows: 15 3. Upon dismissing a prosecutor's information or a count thereof 16 pursuant to this section, the court may, upon application of the people, 17 in its discretion authorize the people to resubmit the charge or charges 18 to the same or another grand jury. In the absence of such authori- 19 zation, such charge or charges may not be resubmitted to a grand jury. 20 The rules prescribed in subdivisions eight and nine of section 210.45 21 concerning the discharge of a defendant from custody [or exoneration of22bail] in the absence of an authorization to resubmit an indictment to a 23 grand jury, and concerning the issuance of a securing order and the 24 effective period thereof where such an authorization is issued, apply 25 equally where a prosecutor's information is dismissed pursuant to this 26 section. 27 § 47. The section heading of section 180.10 of the criminal procedure 28 law is amended to read as follows: 29 Proceedings upon felony complaint; arraignment; defendant's rights[,] 30 and court's instructions [and bail matters]. 31 § 48. Subdivision 6 of section 180.10 of the criminal procedure law is 32 amended to read as follows: 33 6. Upon the arraignment, the court, unless it intends immediately 34 thereafter to dismiss the felony complaint and terminate the action, 35 must issue a securing order which, as provided in subdivision two of 36 section 530.20, either releases the defendant on his own recognizance 37 [or fixes bail] or commits him to the custody of the sheriff for his 38 future appearance in such action. 39 § 49. Subdivision 4 of section 180.70 of the criminal procedure law is 40 amended to read as follows: 41 4. If there is not reasonable cause to believe that the defendant 42 committed any offense, the court must dismiss the felony complaint and 43 discharge the defendant from custody if [he] the defendant is in custo- 44 dy[, or, if he is at liberty on bail, it must exonerate the bail]. 45 § 50. Subdivision 2 of section 190.75 of the criminal procedure law is 46 amended to read as follows: 47 2. If the defendant was previously held for the action of the grand 48 jury by a local criminal court, the superior court to which such 49 dismissal is presented must order the defendant released from custody if 50 [he] the defendant is in the custody of the sheriff[, or, if he is at51liberty on bail, it must exonerate the bail]. 52 § 51. Subdivision 2 of section 210.10 of the criminal procedure law, 53 as amended by chapter 681 of the laws of 1990, is amended to read as 54 follows: 55 2. If a felony complaint against the defendant was pending in a local 56 criminal court or if the defendant was previously held by a local crimi-A. 5441 22 1 nal court for the action of the grand jury, and if the defendant is at 2 liberty on [his or her] the defendant's own recognizance [or on bail3pursuant to a previous court order issued in the same criminal action], 4 the superior court must, upon at least two days notice to the defendant 5 [and his or her surety, to any person other than the defendant who post-6ed cash bail] and to any attorney who would be entitled to notice under 7 circumstances prescribed in subdivision one, direct the defendant to 8 appear before the superior court for arraignment on a specified date. 9 If the defendant fails to appear on such date, the court may issue a 10 bench warrant [and, in addition, may forfeit the bail, if any]. Upon 11 taking the defendant into custody pursuant to such bench warrant, the 12 executing police officer must without unnecessary delay bring the 13 defendant before such superior court for arraignment. If such superior 14 court is not available, the executing police officer may bring the 15 defendant to the local correctional facility of the county in which such 16 superior court sits, to be detained there until not later than the 17 commencement of the next session of such court occurring on the next 18 business day. 19 § 52. The section heading of section 210.15 of the criminal procedure 20 law is amended to read as follows: 21 Arraignment upon indictment; defendant's rights[,] and court's 22 instructions [and bail matters]. 23 § 53. Subdivision 6 of section 210.15 of the criminal procedure law is 24 amended to read as follows: 25 6. Upon the arraignment, the court, unless it intends to make a final 26 disposition of the action immediately thereafter, must, as provided in 27 section 530.40, issue a securing order, releasing the defendant on his 28 own recognizance [or fixing bail] or committing [him] the defendant to 29 the custody of the sheriff for [his] the defendant's future appearance 30 in such action. 31 § 54. Subdivision 8 of section 210.45 of the criminal procedure law is 32 amended to read as follows: 33 8. When the court dismisses the entire indictment without authorizing 34 resubmission of the charge or charges to a grand jury, it must order 35 that the defendant be discharged from custody if [he] the defendant is 36 in the custody of the sheriff[, or if he is at liberty on bail it must37exonerate the bail]. 38 § 55. Subdivision 9 of section 210.45 of the criminal procedure law is 39 amended to read as follows: 40 9. When the court dismisses the entire indictment but authorizes 41 resubmission of the charge or charges to a grand jury, such authori- 42 zation is, for purposes of this subdivision, deemed to constitute an 43 order holding the defendant for the action of a grand jury with respect 44 to such charge or charges. Such order must be accompanied by a securing 45 order either releasing the defendant on [his] the defendant's own recog- 46 nizance [or fixing bail] or committing [him] the defendant to the custo- 47 dy of the sheriff pending resubmission of the case to the grand jury and 48 the grand jury's disposition thereof. Such securing order remains in 49 effect until the first to occur of any of the following: 50 (a) A statement to the court by the people that they do not intend to 51 resubmit the case to a grand jury; 52 (b) Arraignment of the defendant upon an indictment or prosecutor's 53 information filed as a result of resubmission of the case to a grand 54 jury. Upon such arraignment, the arraigning court must issue a new 55 securing order;A. 5441 23 1 (c) The filing with the court of a grand jury dismissal of the case 2 following resubmission thereof; 3 (d) The expiration of a period of forty-five days from the date of 4 issuance of the order; provided that such period may, for good cause 5 shown, be extended by the court to a designated subsequent date if such 6 be necessary to accord the people reasonable opportunity to resubmit the 7 case to a grand jury. 8 Upon the termination of the effectiveness of the securing order pursu- 9 ant to paragraph (a), (c) or (d), the court must immediately order that 10 the defendant be discharged from custody if he is in the custody of the 11 sheriff[, or if he is at liberty on bail it must exonerate the bail]. 12 Although expiration of the period of time specified in paragraph (d) 13 without any resubmission or grand jury disposition of the case termi- 14 nates the effectiveness of the securing order, it does not terminate the 15 effectiveness of the order authorizing resubmission. 16 § 56. Subdivision 6 of section 216.05 of the criminal procedure law, 17 as added by section 4 of part AAA of chapter 56 of the laws of 2009, is 18 amended to read as follows: 19 6. Upon an eligible defendant's agreement to abide by the conditions 20 set by the court, the court shall issue a securing order providing for 21 [bail or] release on the defendant's own recognizance and conditioning 22 any release upon the agreed upon conditions. The period of alcohol or 23 substance abuse treatment shall begin as specified by the court and as 24 soon as practicable after the defendant's release, taking into account 25 the availability of treatment, so as to facilitate early intervention 26 with respect to the defendant's abuse or condition and the effectiveness 27 of the treatment program. In the event that a treatment program is not 28 immediately available or becomes unavailable during the course of the 29 defendant's participation in the judicial diversion program, the court 30 may release the defendant pursuant to the securing order. 31 § 57. Paragraph (c) of subdivision 9 of section 216.05 of the criminal 32 procedure law, as added by section 4 of part AAA of chapter 56 of the 33 laws of 2009, is amended to read as follows: 34 (c) If the court determines that the defendant has violated a condi- 35 tion of [his or her] the defendant's release under the judicial diver- 36 sion program, the court may modify the conditions thereof, reconsider 37 the order of recognizance [or bail] pursuant to subdivision two of 38 section 510.30 of this chapter, or terminate the defendant's partic- 39 ipation in the judicial diversion program; and when applicable proceed 40 with the defendant's sentencing in accordance with the agreement. 41 Notwithstanding any provision of law to the contrary, the court may 42 impose any sentence authorized for the crime of conviction in accordance 43 with the plea agreement, or any lesser sentence authorized to be imposed 44 on a felony drug offender pursuant to paragraph (b) or (c) of subdivi- 45 sion two of section 70.70 of the penal law taking into account the 46 length of time the defendant spent in residential treatment and how best 47 to continue treatment while the defendant is serving that sentence. In 48 determining what action to take for a violation of a release condition, 49 the court shall consider all relevant circumstances, including the views 50 of the prosecutor, the defense and the alcohol or substance abuse treat- 51 ment provider, and the extent to which persons who ultimately success- 52 fully complete a drug treatment regimen sometimes relapse by not 53 abstaining from alcohol or substance abuse or by failing to comply fully 54 with all requirements imposed by a treatment program. The court shall 55 also consider using a system of graduated and appropriate responses or 56 sanctions designed to address such inappropriate behaviors, protectA. 5441 24 1 public safety and facilitate, where possible, successful completion of 2 the alcohol or substance abuse treatment program. 3 § 58. Subdivision 4 of section 290.10 of the criminal procedure law is 4 amended to read as follows: 5 4. Upon issuing a trial order of dismissal which dismisses the entire 6 indictment, the court must immediately discharge the defendant from 7 custody if he is in custody of the sheriff[, or, if he is at liberty on8bail, it must exonerate the bail]. 9 § 59. Subdivision 1 of section 330.10 of the criminal procedure law is 10 amended to read as follows: 11 1. Upon a verdict of complete acquittal, the court must immediately 12 discharge the defendant if he is in the custody of the sheriff[, or, if13he is at liberty on bail, it must exonerate the bail]. 14 § 60. Subdivision 3 of section 330.20 of the criminal procedure law, 15 as added by chapter 548 of the laws of 1980, is amended to read as 16 follows: 17 3. Examination order; place of examination. Upon issuing an examina- 18 tion order, the court must, except as otherwise provided in this subdi- 19 vision, direct that the defendant be committed to a secure facility 20 designated by the commissioner as the place for such psychiatric exam- 21 ination. The sheriff must hold the defendant in custody pending such 22 designation by the commissioner, and when notified of the designation, 23 the sheriff must promptly deliver the defendant to such secure facility. 24 When the defendant is not in custody at the time of such verdict or 25 plea, because [he] the defendant was previously released on [bail or on26his] the defendant's own recognizance, the court, in its discretion, may 27 direct that such examination be conducted on an out-patient basis, and 28 at such time and place as the commissioner shall designate. If, however, 29 the commissioner informs the court that confinement of the defendant is 30 necessary for an effective examination, the court must direct that the 31 defendant be confined in a facility designated by the commissioner until 32 the examination is completed. 33 § 61. Section 410.60 of the criminal procedure law, as amended by 34 section 23 of part JJJ of chapter 59 of the laws of 2019, is amended to 35 read as follows: 36 § 410.60 Appearance before court. 37 A person who has been taken into custody pursuant to section 410.40 or 38 section 410.50 of this article for violation of a condition of a 39 sentence of probation or a sentence of conditional discharge must forth- 40 with be brought before the court that imposed the sentence. Where a 41 violation of probation petition and report has been filed and the person 42 has not been taken into custody nor has a warrant been issued, an 43 initial court appearance shall occur within ten business days of the 44 court's issuance of a notice to appear. If the court has reasonable 45 cause to believe that such person has violated a condition of the 46 sentence, it may commit such person to the custody of the sheriff, [fix47bail,] release such person under non-monetary conditions or release such 48 person on such person's own recognizance for future appearance at a 49 hearing to be held in accordance with section 410.70 of this article. If 50 the court does not have reasonable cause to believe that such person has 51 violated a condition of the sentence, it must direct that such person be 52 released. 53 § 62. Subdivision 1 of section 410.70 of the criminal procedure law, 54 as amended by chapter 17 of the laws of 2014, is amended to read as 55 follows:A. 5441 25 1 1. In general. The court may not revoke a sentence of probation or a 2 sentence of conditional discharge, or extend a period of probation, 3 unless (a) the court has found that the defendant has violated a condi- 4 tion of the sentence and (b) the defendant has had an opportunity to be 5 heard pursuant to this section. The defendant is entitled to a hearing 6 in accordance with this section promptly after the court has filed a 7 declaration of delinquency or has committed [him or has fixed bail] the 8 defendant pursuant to this article. 9 § 63. Paragraph (e) of subdivision 1 of section 420.10 of the criminal 10 procedure law is REPEALED. 11 § 64. Subdivision 1 of section 460.50 of the criminal procedure law, 12 as amended by chapter 884 of the laws of 1971, is amended to read as 13 follows: 14 1. Upon application of a defendant who has taken an appeal to an 15 intermediate appellate court from a judgment or from a sentence of a 16 criminal court, a judge designated in subdivision two may issue an order 17 both (a) staying or suspending the execution of the judgment pending the 18 determination of the appeal, and (b) either releasing the defendant on 19 [his] the defendant's own recognizance or [fixing bail pursuant to the20provisions of article five hundred thirty] under non-monetary 21 conditions. That phase of the order staying or suspending execution of 22 the judgment does not become effective unless and until the defendant is 23 released, either on [his] the defendant's own recognizance or [upon the24posting of bail] under non-monetary conditions. 25 § 65. Subdivision 6 of section 460.50 of the criminal procedure law, 26 as added by chapter 168 of the laws of 1981, is amended to read as 27 follows: 28 6. Upon application of a defendant who has been granted a certificate 29 granting leave to appeal pursuant to section 460.15 of this chapter, and 30 in accordance with the procedures set forth in subdivisions three, four 31 and five of this section, the intermediate appellate court may issue an 32 order both (a) staying or suspending the execution of the judgment pend- 33 ing the determination of the appeal, and (b) either releasing the 34 defendant on [his] the defendant's own recognizance or [fixing bail35pursuant to the provisions of article five hundred thirty] under non- 36 monetary conditions. That phase of the order staying or suspending 37 execution of the judgment does not become effective unless and until the 38 defendant is released, either on [his] the defendant's own recognizance 39 or [upon the posting of bail] under non-monetary conditions. 40 § 66. Subparagraph (ii) of paragraph (a) of subdivision 1 of section 41 460.60 of the criminal procedure law, as amended by chapter 168 of the 42 laws of 1981, is amended to read as follows: 43 (ii) either releasing the defendant on [his] the defendant's own 44 recognizance or [continuing bail as previously determined or fixing bail45pursuant to the provisions of article five hundred thirty] under non- 46 monetary conditions. Such an order is effective immediately and that 47 phase of the order staying or suspending execution of the judgment does 48 not become effective unless and until the defendant is released, either 49 on [his] the defendant's own recognizance or [upon the posting of bail] 50 under non-monetary conditions. 51 § 67. Section 470.45 of the criminal procedure law is amended to read 52 as follows: 53 § 470.45 Remission of case by appellate court to criminal court upon 54 reversal or modification of judgment; action by criminal 55 court.A. 5441 26 1 Upon reversing or modifying a judgment and directing corrective 2 action, an appellate court must remit the case to the criminal court in 3 which the judgment was entered. Such criminal court must execute the 4 direction of the appellate court and must, depending upon the nature of 5 such direction, either discharge the defendant from custody[, exonerate6his bail] or issue a securing order. 7 § 68. Subdivision 2 of section 550.10 of the criminal procedure law is 8 amended to read as follows: 9 2. If the defendant has been arraigned in the action and, by virtue 10 of a securing order, is either in the custody of the sheriff or at 11 liberty within the state on [his] the defendant's own recognizance [or12on bail, his], the defendant's attendance may be secured as follows: 13 (a) If the defendant is confined in the custody of the sheriff, the 14 court may direct the sheriff to produce [him] the defendant; 15 (b) If the defendant is at liberty within the state as a result of an 16 order releasing [him] the defendant on [his] the defendant's own recog- 17 nizance [or on bail], the court may secure [his] the defendant's attend- 18 ance by notification or by the issuance of a bench warrant. 19 § 69. Section 570.36 of the criminal procedure law is amended to read 20 as follows: 21 § 570.36 Commitment to await requisition[; bail]. 22 If from the examination before the local criminal court it appears 23 that the person held is the person charged with having committed the 24 crime alleged, and, except in cases arising under section 570.14 or 25 570.16, that [he] the accused has fled from justice, the local criminal 26 court must, by a warrant reciting the accusation, commit [him] the 27 accused to the county jail for such a time not exceeding thirty days and 28 specified in the warrant, as will enable the arrest of the accused to be 29 made under a warrant of the governor on a requisition of the executive 30 authority of the state having jurisdiction of the offense[, unless the31accused gives bail as provided in the next section,] or until [he shall32be] the accused has been legally discharged. 33 § 70. Section 570.38 of the criminal procedure law is REPEALED. 34 § 71. Section 570.40 of the criminal procedure law is amended to read 35 as follows: 36 § 570.40 Extension of time of commitment; adjournment. 37 If the accused is not arrested under warrant of the governor by the 38 expiration of the time specified in the warrant, bond or undertaking, a 39 local criminal court may discharge him or may recommit him for a further 40 period of sixty days, or for further periods not to exceed in the aggre- 41 gate sixty days[, or a supreme court justice or county judge may again42take bail for his appearance and surrender, as provided in section43570.38 but within a period not to exceed sixty days after the date of44such new bond or undertaking]. 45 § 72. Section 570.42 of the criminal procedure law is REPEALED. 46 § 73. Section 570.52 of the criminal procedure law is amended to read 47 as follows: 48 § 570.52 Fugitives from this state; duty of governor. 49 Whenever the governor of this state shall demand a person charged with 50 a crime or with escaping from confinement or breaking the terms of [his51bail,] the person's probation or parole in this state from the executive 52 authority of any other state, or from the chief justice or an associate 53 justice of the supreme court of the District of Columbia authorized to 54 receive such demand under the laws of the United States, [he] the 55 governor shall issue a warrant under the seal of this state to some 56 agent commanding [him] the agent receive the person so charged, ifA. 5441 27 1 delivered to him or her, and convey [him] such person to the proper 2 officer of the county in this state in which the offense was committed. 3 § 74. Subdivision 2 of section 570.54 of the criminal procedure law, 4 as amended by section 84 of subpart B of part C of chapter 62 of the 5 laws of 2011, is amended to read as follows: 6 2. When there is required the return to this state of a person who has 7 been convicted of a crime in this state and has escaped from confinement 8 or broken the terms of [his or her bail,] the person's probation or 9 parole, the district attorney of the county in which the offense was 10 committed, the warden of the institution or sheriff of the county, from 11 which escape was made, or the commissioner of the state department of 12 corrections and community supervision or [his or her] the commissioner's 13 designee shall present to the governor a written application for a 14 requisition for the return of such person, in which application shall be 15 stated the name of the person, the crime of which [he or she] the person 16 was convicted, the circumstances of [his or her] the person's escape 17 from confinement or of the breach of the terms of [his or her bail,] the 18 person's probation or parole, the state in which [he or she] the person 19 is believed to be, including the location of the person therein at the 20 time the application is made. 21 § 75. Section 570.56 of the criminal procedure law, as amended by 22 section 85 of subpart B of part C of chapter 62 of the laws of 2011, is 23 amended to read as follows: 24 § 570.56 Expense of extradition. 25 The expenses of extradition must be borne by the county from which the 26 application for a requisition comes or, where the application is made by 27 the attorney general, by the county in which the offense was committed. 28 In the case of extradition of a person who has been convicted of a crime 29 in this state and has escaped from a state prison or reformatory, the 30 expense of extradition shall be borne by the department of corrections 31 and community supervision. Where a person has broken the terms of [his32or her] the person's parole from a state prison or reformatory, the 33 expense of extradition shall be borne by the state department of 34 corrections and community supervision. Where a person has broken the 35 terms of [his or her bail or] the person's probation, the expense of 36 extradition shall be borne by the county. Where a person has been 37 convicted but not yet confined to a prison, or has been sentenced for a 38 felony to a county jail or penitentiary and escapes, the expenses of 39 extradition shall be charged to the county from whose custody the escape 40 is effected. Nothing in this section shall preclude a county or the 41 department of corrections and community supervision, as the case may be, 42 from collecting the expenses involved in extradition from the person who 43 was extradited. 44 § 76. Section 620.10 of the criminal procedure law is amended to read 45 as follows: 46 § 620.10 Material witness order; defined. 47 A material witness order is a court order [(a)] adjudging a person a 48 material witness in a pending criminal action and [(b) fixing bail] 49 setting any non-monetary conditions determined by the court to be 50 required to secure [his] the witness' future attendance thereat. 51 § 77. Subdivision 2 of section 620.40 of the criminal procedure law is 52 amended to read as follows: 53 2. If the proceeding is adjourned at the prospective witness' 54 instance, for the purpose of obtaining counsel or otherwise, the court 55 must order [him] the prospective witness to appear upon the adjourned 56 date. The court may further [fix bail] set non-monetary conditions toA. 5441 28 1 secure [his] the prospective witness' appearance upon such date or until 2 the proceeding is completed [and, upon default thereof] or if no non- 3 monetary conditions are determined to be reliably able to secure the 4 prospective witness' appearance, may commit [him] the prospective 5 witness to the custody of the sheriff for such period. 6 § 78. Section 620.50 of the criminal procedure law, subdivision 3 as 7 amended by section 24 of part JJJ of chapter 59 of the laws of 2019, is 8 amended to read as follows: 9 § 620.50 Material witness order; hearing, determination and execution of 10 order. 11 1. The hearing upon the application must be conducted as follows: 12 (a) The applicant has the burden of proving by a preponderance of the 13 evidence all facts essential to support a material witness order, and 14 any testimony so adduced must be given under oath; 15 (b) The prospective witness may testify under oath or may make an 16 unsworn statement; 17 (c) The prospective witness may call witnesses in [his] the prospec- 18 tive witness' behalf, and the court must cause process to be issued for 19 any such witness whom [he] the prospective witness reasonably wishes to 20 call, and any testimony so adduced must be given under oath; 21 (d) Upon the hearing, evidence tending to demonstrate that the 22 prospective witness does or does not possess information material to the 23 criminal action in issue, or that [he] the prospective witness will or 24 will not be amenable or respond to a subpoena at the time [his] the 25 prospective witness' attendance will be sought, is admissible even 26 though it consists of hearsay. 27 2. If the court is satisfied after such hearing that there is reason- 28 able cause to believe that the prospective witness (a) possesses infor- 29 mation material to the pending action or proceeding, and (b) will not be 30 amenable or respond to a subpoena at a time when [his] the prospective 31 witness' attendance will be sought, it may issue a material witness 32 order, adjudging [him] such prospective witness a material witness and 33 [fixing bail] setting any non-monetary conditions determined to be 34 necessary by the court to secure [his] the witness' future attendance. 35 [3. A material witness order must be executed as follows:36(a) If the bail is posted and approved by the court, the witness must,37as provided in subdivision two of section 510.40 of this part, be38released and be permitted to remain at liberty; provided that, where the39bail is posted by a person other than the witness himself, he may not be40so released except upon his signed written consent thereto;41(b) If the bail is not posted, or if though posted it is not approved42by the court, the witness must, as provided in subdivision two of43section 510.40 of this part, be committed to the custody of the sher-44iff.] 45 § 79. Section 620.60 of the criminal procedure law is amended to read 46 as follows: 47 § 620.60 Material witness order; vacation, modification and amendment 48 thereof. 49 1. At any time after a material witness order has been issued the 50 court must, upon application of such witness, with notice to the party 51 upon whose application the order was issued, and with opportunity to be 52 heard, make inquiry whether by reason of new or changed facts or circum- 53 stances the material witness order is no longer necessary or warranted, 54 or, if it is, whether the original [bail] non-monetary conditions 55 currently [appears] appear excessive. Upon making any such determi- 56 nation, the court must vacate the order. If its determination is thatA. 5441 29 1 the order is no longer necessary or warranted, it must[, as the situ-2ation requires, either] discharge the witness from custody [or exonerate3the bail]. If its determination is that the [bail is] non-monetary 4 conditions are excessive, it must issue a new order [fixing bail in a5lesser amount or on less burdensome terms] setting less restrictive 6 non-monetary conditions. 7 2. At any time when a witness is at liberty [upon bail] under non- 8 monetary conditions pursuant to a material witness order, the court may, 9 upon application of the party upon whose application the order was 10 issued, with notice to the witness if possible and to [his] the witness' 11 attorney if any and opportunity to be heard, make inquiry whether, by 12 reason of new or changed facts or circumstances, the original [bail is] 13 non-monetary conditions are no longer sufficient to secure the future 14 attendance of the witness at the pending action. Upon making such a 15 determination, the court must vacate the order and issue a new order 16 [fixing bail in a greater amount or on terms] setting non-monetary 17 conditions more likely to secure the future attendance of the witness. 18 § 80. Section 620.70 of the criminal procedure law is amended to read 19 as follows: 20 § 620.70 Material witness order; compelling attendance of witness who 21 fails to appear. 22 If a witness at liberty [on bail] under non-monetary conditions pursu- 23 ant to a material witness order cannot be found or notified at the time 24 [his] the witness' appearance [as a witness] is required, or if after 25 notification [he] the witness fails to appear in such action or proceed- 26 ing as required, the court may issue a warrant, addressed to a police 27 officer, directing such officer to take such witness into custody 28 anywhere within the state and to bring [him] the witness to the court 29 forthwith. 30 § 81. Subdivision 3 of section 640.10 of the criminal procedure law is 31 amended to read as follows: 32 3. Witness from another state subpoenaed to testify in this state. If 33 a person in any state, which by its laws has made provision for command- 34 ing persons within its borders to attend and testify in criminal prose- 35 cutions, or grand jury investigations commenced or about to commence, in 36 this state, is a material witness in a prosecution pending in a court of 37 record in this state, or in a grand jury investigation which has 38 commenced or is about to commence, a judge of such court may issue a 39 certificate under the seal of the court stating these facts and specify- 40 ing the number of days the witness will be required. This certificate 41 shall be presented to a judge of a court of record in the county in 42 which the witness is found. 43 If said certificate recommends that the witness be taken into immedi- 44 ate custody and delivered to an officer of this state to assure [his] 45 the witness' attendance in this state, such judge may direct that such 46 witness be forthwith brought before [him] the judge; and the judge being 47 satisfied of the desirability of such custody and delivery, for which 48 determination said certificate shall be prima facie proof, may order 49 that said witness be forthwith taken into custody and delivered to an 50 officer of this state, which order shall be sufficient authority to such 51 officer to take such witness into custody and hold [him] the witness 52 unless and until [he] the witness may be released by [bail] non-monetary 53 conditions, recognizance, or order of the judge issuing the certificate. 54 If the witness is summoned to attend and testify in this state [he] 55 the witness shall be tendered the sum of [ten] fifty cents a mile for 56 each mile and [five dollars] one hundred dollars for each day that [he]A. 5441 30 1 the witness is required to travel and attend as a witness. Such fees 2 shall be a proper charge upon the county in which such criminal prose- 3 cution or grand jury investigation is pending. A witness who has 4 appeared in accordance with the provisions of the subpoena shall not be 5 required to remain within this state a longer period of time than the 6 period mentioned in the certificate, unless otherwise ordered by the 7 court. If such witness fails without good cause to attend and testify as 8 directed in this subpoena, [he] the witness shall be punished in the 9 manner provided for the punishment of any witness who disobeys a subpoe- 10 na issued from a court of record in this state. 11 § 82. Subdivision 5 of section 705.00 of the criminal procedure law, 12 as added by chapter 744 of the laws of 1988, is amended to read as 13 follows: 14 5. "Designated crime" means any crime included within the definition 15 of a "designated offense" in subdivision eight of section 700.05 of this 16 chapter, any criminal act as defined in subdivision one of section 17 460.10 of the penal law, [bail jumping in the first and second degree as18defined in sections 215.57 and 215.56 of such law], or aggravated 19 harassment as defined in subdivisions one and two of section 240.30 of 20 such law. 21 § 83. Paragraph (c) of subdivision 3 of section 722.20 of the criminal 22 procedure law, as added by section 1-a of part WWW of chapter 59 of the 23 laws of 2017, is amended to read as follows: 24 (c) If there is not reasonable cause to believe that the defendant 25 committed any criminal act, the court must dismiss the felony complaint 26 and discharge the defendant from custody if [he] the defendant is in 27 custody[, or if he is at liberty on bail, it must exonerate the bail]. 28 § 84. Paragraph (c) of subdivision 3 of section 722.21 of the criminal 29 procedure law, as added by section 1-a of part WWW of chapter 59 of the 30 laws of 2017, is amended to read as follows: 31 (c) If there is not reasonable cause to believe that the defendant 32 committed any criminal act, the court must dismiss the felony complaint 33 and discharge the defendant from custody if [he] the defendant is in 34 custody[, or if he is at liberty on bail, it must exonerate the bail]. 35 § 85. Subdivision 2 of section 730.20 of the criminal procedure law is 36 amended to read as follows: 37 2. When the defendant is not in custody at the time a court issues an 38 order of examination, because [he] the defendant was theretofore 39 released on [bail or on his] the defendant's own recognizance or under 40 non-monetary conditions, the court may direct that the examination be 41 conducted on an out-patient basis, and at such time and place as the 42 director shall designate. If, however, the director informs the court 43 that hospital confinement of the defendant is necessary for an effective 44 examination, the court may direct that the defendant be confined in a 45 hospital designated by the director until the examination is completed. 46 § 86. Subdivision 1 of section 730.50 of the criminal procedure law, 47 as amended by chapter 7 of the laws of 2013, is amended to read as 48 follows: 49 1. When a superior court, following a hearing conducted pursuant to 50 subdivision three or four of section 730.30 of this article, is satis- 51 fied that the defendant is not an incapacitated person, the criminal 52 action against [him or her] the defendant must proceed. If it is satis- 53 fied that the defendant is an incapacitated person, or if no motion for 54 such a hearing is made, it must adjudicate [him or her] the defendant an 55 incapacitated person, and must issue a final order of observation or an 56 order of commitment. When the indictment does not charge a felony orA. 5441 31 1 when the defendant has been convicted of an offense other than a felony, 2 such court (a) must issue a final order of observation committing the 3 defendant to the custody of the commissioner for care and treatment in 4 an appropriate institution for a period not to exceed ninety days from 5 the date of such order, provided, however, that the commissioner may 6 designate an appropriate hospital for placement of a defendant for whom 7 a final order of observation has been issued, where such hospital is 8 licensed by the office of mental health and has agreed to accept, upon 9 referral by the commissioner, defendants subject to final orders of 10 observation issued under this subdivision, and (b) must dismiss the 11 indictment filed in such court against the defendant, and such dismissal 12 constitutes a bar to any further prosecution of the charge or charges 13 contained in such indictment. Upon the issuance of a final order of 14 observation, the district attorney shall immediately transmit to the 15 commissioner, in a manner intended to protect the confidentiality of the 16 information, a list of names and contact information of persons who may 17 reasonably be expected to be the victim of any assault or any violent 18 felony offense, as defined in the penal law, or any offense listed in 19 section 530.11 of this [chapter] part which would be carried out by the 20 committed person; provided that the person who reasonably may be 21 expected to be a victim does not need to be a member of the same family 22 or household as the committed person. When the indictment charges a 23 felony or when the defendant has been convicted of a felony, it must 24 issue an order of commitment committing the defendant to the custody of 25 the commissioner for care and treatment in an appropriate institution 26 or, upon the consent of the district attorney, committing [him or her] 27 the defendant to the custody of the commissioner for care and treatment 28 on an out-patient basis, for a period not to exceed one year from the 29 date of such order. [Upon the issuance of an order of commitment, the30court must exonerate the defendant's bail if he or she was previously at31liberty on bail; provided, however, that exoneration of bail is not32required when a defendant is committed to the custody of the commission-33er for care and treatment on an out-patient basis.] When the defendant 34 is in the custody of the commissioner pursuant to a final order of 35 observation, the commissioner or [his or her] the commissioner's desig- 36 nee, which may include the director of an appropriate institution, imme- 37 diately upon the discharge of the defendant, must certify to such court 38 that [he or she] the commissioner or the commissioner's designee has 39 complied with the notice provisions set forth in paragraph (a) of subdi- 40 vision six of section 730.60 of this article. 41 § 87. Subdivision 1 of section 70 of the general business law, as 42 amended by chapter 115 of the laws of 2015, is amended to read as 43 follows: 44 1. The department of state shall have the power to issue licenses to 45 private investigators. Nothing in this article shall prevent a private 46 investigator licensed hereunder from performing the services of a watch, 47 guard or patrol agency [or bail enforcement agent] as defined herein; 48 however, a watch, guard or patrol agency [or bail enforcement agent] may 49 not perform the services of a private investigator as defined herein. 50 § 88. Section 70-a of the general business law, as added by chapter 51 115 of the laws of 2015, is amended to read as follows: 52 § 70-a. [Bail enforcement agents and watch] Watch, guard or patrol 53 agencies. 1. The department of state shall have the power to issue 54 separate licenses to [bail enforcement agents and to] watch, guard or 55 patrol agencies. Nothing in this article shall prevent a private inves- 56 tigator licensed hereunder from performing the services of a watch,A. 5441 32 1 guard or patrol agency [or bail enforcement agent] as defined in this 2 article; however, a watch, guard or patrol agency [or bail enforcement3agent] may not perform the services of a private investigator as defined 4 in this article. 5 2. No person, firm, company, partnership, limited liability company or 6 corporation shall engage in the business of [bail enforcement agents or] 7 the business of watch, guard or patrol agency, or advertise his, their 8 or its business to be that of [bail enforcement agent or] watch, guard 9 or patrol agency, notwithstanding the name or title used in describing 10 such agency or notwithstanding the fact that other functions and 11 services may also be performed for fee, hire or reward, without having 12 first obtained from the department of state a license so to do, as here- 13 inafter provided, for each bureau, agency, sub-agency, office and branch 14 office to be owned, conducted, managed or maintained by such person, 15 firm, company, partnership, limited liability company or corporation for 16 the conduct of such business. 17 3. Any person, firm, company, partnership or corporation who violates 18 any provision of this section shall be guilty of a class B misdemeanor. 19 § 89. Subdivisions 1-a and 4 of section 71 of the general business law 20 are REPEALED. 21 § 90. The opening paragraph of section 72 of the general business law, 22 as amended by chapter 562 of the laws of 2000, is amended to read as 23 follows: 24 Any person, firm, partnership, limited liability company or corpo- 25 ration intending to conduct the business of private investigator, busi- 26 ness of [bail enforcement agent or the business of] watch, guard or 27 patrol agency, and any person, firm, partnership, limited liability 28 company or corporation intending to conduct the business of furnishing 29 or supplying information as to the personal character of any person or 30 firm, or as to the character or kind of the business and occupation of 31 any person, firm or corporation, society or association or any person or 32 group of persons, or intending to own, conduct, manage or maintain a 33 bureau or agency for the above mentioned purposes, or while engaged in 34 other lawful business activities also intending to engage in any one or 35 more of the activities set forth in section seventy-one of this article 36 except exclusively as to the financial rating, standing, and credit 37 responsibility of persons, firms, companies or corporations or as to 38 personal habits and financial responsibility of applicants for insurance 39 indemnity bonds or commercial credit or of claimants under insurance 40 policies shall, for each such bureau or agency and for each and every 41 sub-agency, office and branch office to be owned, conducted, managed or 42 maintained by such person, firm, partnership, limited liability company 43 or corporation for the conduct of such business, file in the office of 44 the department of state a written application, on forms provided by the 45 department containing such information and documentation, including 46 fingerprints, as the secretary of state may require by rule and regu- 47 lation. 48 § 91. Subdivisions 1-a and 1-b of section 72 of the general business 49 law are REPEALED. 50 § 92. Subdivision 1 of section 73 of the general business law, as 51 amended by chapter 562 of the laws of 2000, is amended to read as 52 follows: 53 1. The secretary of state shall have the power to enforce the 54 provisions of this article and article seven-A of this chapter and upon 55 complaint of any person, or on [his] the secretary of state's own initi- 56 ative, to investigate any violation thereof or to investigate the busi-A. 5441 33 1 ness, business practices and business methods of any person, firm, 2 limited liability company, partnership or corporation applying for or 3 holding a license as a private investigator[, bail enforcement agent] or 4 watch, guard or patrol agency, if in the opinion of the secretary of 5 state such investigation is warranted. Each such applicant or licensee 6 shall be obliged, on request of the secretary of state, to supply such 7 information, books, papers or records as may be required concerning his, 8 her, their or its business, business practices or business methods, or 9 proposed business practices or methods. Failure to comply with a lawful 10 request of the secretary shall be a ground for denying an application 11 for a license, or for revoking, suspending, or failing to renew a 12 license issued under this article. 13 § 93. Subdivision 1 of section 74 of the general business law, as 14 amended by chapter 562 of the laws of 2000, paragraph (b) as further 15 amended by section 104 of part A of chapter 62 of the laws of 2011, is 16 amended to read as follows: 17 1. (a) The application shall be accompanied by a non-refundable fee, 18 payable to the department of state for the use of the state, for each 19 certificate of license, as hereinbelow enumerated, issued to the appli- 20 cant, if the applicant be an individual, of four hundred dollars for a 21 license as private investigator [or bail enforcement agent] or a fee of 22 three hundred dollars for a license as watch, guard or patrol agency, or 23 if the applicant be a firm, partnership, limited liability company or 24 corporation, a fee of five hundred dollars for a license as private 25 investigator [or bail enforcement agent] or a fee of four hundred 26 dollars for a license as watch, guard or patrol agency. 27 (b) When the application shall have been examined and such further 28 inquiry and investigation made as the secretary of state shall deem 29 proper, and when the secretary of state shall be satisfied therefrom of 30 the good character, competency and integrity of such applicant, or, if 31 the applicant be a firm or partnership, the individual members thereof, 32 or if the applicant be a limited liability company, the individual 33 members thereof, or if the applicant be a corporation, the president, 34 secretary, treasurer and all other officers and all directors thereof, 35 and each stockholder owning ten per centum or more of the stock and a 36 period to ten days from the date of the filing of the application shall 37 have passed, the department of state shall issue and deliver to such 38 applicant a certificate of license to conduct such business and to own, 39 conduct or maintain a bureau, agency, sub-agency, office or branch 40 office for the conduct of such business on the premises stated in such 41 application upon the applicant's executing, delivering and filing in the 42 office of such department a surety company bond in the sum of ten thou- 43 sand dollars[; provided however, that an applicant for a license as a44bail enforcement agent shall execute, deliver and file with the office45of such department a surety company bond in the sum of five hundred46thousand dollars, conditioned for the faithful and honest conduct of47such business by such applicant, which surety bond must be written by a48company recognized and approved by the superintendent of financial49services of the state, and approved by the department of state with50respect to its form, manner of execution and sufficiency provided,51further, however, before a license is issued to a non-resident the52applicant must file with the secretary of state a written consent to the53jurisdiction of the courts of New York (i) in any case or cases arising54from any contract for the performance of private investigative services55as private investigator, bail enforcement agent or watch, guard or56patrol agency, made within the state or to be performed, wholly or inA. 5441 34 1part, within the state or in any way connected with the conduct of busi-2ness within the state, and (ii) in any case or cases arising from any3tort occurring within the state or occurring in connection with the4business of the licensee within the state.] The license as private 5 investigator[, bail enforcement agent] or watch, guard or patrol agency 6 granted pursuant to this article shall last for a period of two years, 7 but shall be revocable at all times by the department of state for cause 8 shown. Such bond shall be taken in the name of the people of the state 9 of New York, and any person injured by the violation of any of the 10 provisions of this article or by the wilful, malicious and wrongful act 11 of the principal or employee may bring an action against such principal, 12 employee or both on said bond in his own name to recover damages 13 suffered by reason of such wilful, malicious and wrongful act. In each 14 and every suit, or prosecution arising out of this article, the agency 15 of any employee as to the employment and as to acting in the course of 16 his employment, shall be presumed. The license certificate shall be in a 17 form to be prescribed by the secretary of state and shall specify the 18 full name of the applicant, the location of the principal office or 19 place of business and the location of the bureau, agency, sub-agency, 20 office or branch office for which the license is issued, the date on 21 which it is issued, the date on which it will expire and the names and 22 residences of the applicant or applicants filing the statement required 23 by section seventy-two of this article upon which the license is issued 24 and in the event of a change of any such address or residence the 25 department of state shall be duly notified in writing of such change 26 within twenty-four hours thereafter, and failure to give such notifica- 27 tion shall be sufficient cause for revocation of such license. No such 28 license as private investigator, [bail enforcement agent] or watch, 29 guard or patrol agency shall be issued to a person under the age of 30 twenty-five years. 31 (c) The secretary of state shall receive a non-refundable examination 32 fee of fifteen dollars from each person who takes an examination to 33 qualify for application for licensure pursuant to this article. Fees 34 paid to the department of state pursuant to this article shall be depos- 35 ited in the business and licensing services account established pursuant 36 to section ninety-seven-y of the state finance law. 37 § 94. Section 74-a of the general business law is REPEALED. 38 § 95. Section 80 of the general business law, as amended by chapter 39 562 of the laws of 2000, is amended to read as follows: 40 § 80. License certificates, pocket cards or badges. Upon the issuing 41 of a license as hereinbefore provided the department of state shall 42 issue to each person, partner, member of a limited liability company or 43 officer of a corporation making and filing a statement required by 44 section seventy-two of this article a pocket card of such size and 45 design as the department of state may prescribe, which card shall 46 contain a photograph of the licensee, the name and business address of 47 the licensee and the imprint or impress of the seal of the department of 48 state which pocket card shall be evidence of due authorization pursuant 49 to the terms of this article. All persons to whom such license certif- 50 icates or pocket cards shall have been issued shall be responsible for 51 the safe keeping of the same, and shall not lend, enable, let or allow 52 any other person to have, hold, use or display such certificate or pock- 53 et card; and any person so parting with such a license certificate or 54 pocket card or displaying the same without authority, or who shall 55 display any license certificate or pocket card purporting to authorize 56 the holder thereof to act as a private investigator[, bail enforcementA. 5441 35 1agent] or watch, guard or patrol agency, unless the same shall have been 2 duly issued pursuant to the provisions of this article, shall be guilty 3 of a misdemeanor. Failure to comply with the provisions of this section 4 shall be sufficient cause for revocation of such license, and all such 5 certificates or pocket cards shall be returned to the department of 6 state within seventy-two hours after the holder thereof has received 7 notice in writing of the expiration or revocation of such license. It 8 shall be unlawful for a holder of a license or anyone else to distrib- 9 ute, possess, use or display any license certificate, pocket card, 10 badge, shield or any other indicia of a license status pursuant to this 11 article except as set forth in this article. Any person who is a licen- 12 see hereunder or an officer or authorized employee of any other person, 13 firm, limited liability company or corporation, whether or not licensed 14 hereunder, while performing the services of a watchman, guard or private 15 patrolman, may wear on his outer clothing a rectangular metal or woven 16 insignia approved by the department of state, which insignia shall not 17 be larger than three inches high nor four inches wide with an 18 inscription thereon containing the word "watchman", "guard", "patrol" or 19 "special service" and the name of such licensee or employer. It shall be 20 unlawful for any employer, whether or not licensed hereunder, to wear or 21 distribute to his, their or its employees any employment identification 22 except as authorized in this article and approved by the secretary of 23 state. Any person violating any provision of this section shall be guil- 24 ty of a misdemeanor. 25 § 96. Subdivision 1 of section 81 of the general business law, as 26 amended by section 14 of part LL of chapter 56 of the laws of 2010, is 27 amended to read as follows: 28 1. The holder of any license certificate issued pursuant to this arti- 29 cle may employ to assist [him] the holder in [his] the holder's work of 30 private detective or investigator [or bail enforcement agent] as 31 described in section seventy-one of this article and in the conduct of 32 such business as many persons as he may deem necessary, and shall at all 33 times during such employment be legally responsible for the good conduct 34 in the business of each and every person so employed. 35 No holder of any unexpired license certificate issued pursuant to this 36 article shall knowingly employ in connection with his or its business in 37 any capacity whatsoever, any person who has been convicted of a felony 38 or any of the offenses specified in subdivision two of section seventy- 39 four of this article, and who has not subsequent to such conviction 40 received executive pardon therefor removing this disability, or received 41 a certificate of relief from disabilities or a certificate of good 42 conduct pursuant to article twenty-three of the correction law to remove 43 the disability under this section because of such a conviction, or any 44 person whose private detective or investigator's license [or bail45enforcement agent's license] was revoked or application for such license 46 was denied by the department of state or by the authorities of any other 47 state or territory because of conviction of any of such offenses. Should 48 the holder of an unexpired license certificate falsely state or repre- 49 sent that a person is or has been in his employ, such false statement or 50 misrepresentation shall be sufficient cause for the revocation of such 51 license. Any person falsely stating or representing that he is or has 52 been a detective or employed by a detective agency [or that he is or has53been a bail enforcement agent or employed by a bail enforcement agency] 54 shall be guilty of a misdemeanor. 55 § 97. Section 83 of the general business law, as amended by chapter 56 127 of the laws of 2015, is amended to read as follows:A. 5441 36 1 § 83. Application of article. Nothing in this article shall apply to 2 any detective or officer belonging to the police force of the state, or 3 any county, city, town or village thereof, appointed or elected by due 4 authority of law, or to any person in the employ of any police force or 5 police department of the state, or of any county, city, town or village 6 thereof while engaged in the performance of their official duties; nor 7 to any person, firm, limited liability company, partnership, corpo- 8 ration, or any bureau or agency, whose business is exclusively the 9 furnishing of information as to the business and financial standing, and 10 credit responsibility of persons, firms, or corporations, or as to the 11 personal habits and financial responsibility of applicants for insur- 12 ance, indemnity bonds or commercial credit or of claimants under insur- 13 ance policies, nor to any person licensed as a certified public account- 14 ant while engaged in the practice of public accountancy as defined in 15 article one hundred forty-nine of the education law or any firm, limited 16 liability company, partnership or corporation registered as a certified 17 public accounting firm by the commissioner of education while performing 18 services regulated under article one hundred forty-nine of the education 19 law or Part 70 of the regulations of the commissioner of education; and 20 whose business does not embrace other activities described in section 21 seventy-one of this article; or whose business is licensed by the 22 commissioner of labor under the provisions of section twenty-four-a or 23 subdivision three-b of section fifty of the workers' compensation law or 24 whose business is representing employers or groups of employers insured 25 under the workers' compensation law in the state insurance fund; nor to 26 any corporation duly authorized by the state to operate a central burg- 27 lar or fire alarm protection business; nor to any person while engaged 28 in the business of adjuster for an insurance company nor to any public 29 adjuster licensed by the superintendent of financial services under the 30 insurance law nor to any person regularly employed as special agent, 31 detective or investigator exclusively by one employer in connection with 32 the affairs of that employer only nor to any charitable or philanthropic 33 society or association duly incorporated under the laws of the state and 34 which is organized and maintained for the public good and not for 35 private profit, nor shall anything in this article contained be 36 construed to affect in any way attorneys or counselors at law in the 37 regular practice of their profession, but such exemption shall not enure 38 to the benefit of any employee or representative of such attorney or 39 counselor at law who is not employed solely, exclusively and regularly 40 by such attorney or counselor at law. No person, firm, limited liabil- 41 ity company, partnership, corporation or any bureau or agency exempted 42 hereunder from the application of this article shall perform any manner 43 of private investigator[, bail enforcement agent] or watch, guard or 44 patrol agency service as described in section seventy-one of this arti- 45 cle, for any other person, firm, limited liability company, partnership, 46 corporation, bureau or agency whether for fee, hire, reward, other 47 compensation, remuneration, or consideration or as an accommodation 48 without fee, reward or remuneration or by a reciprocal arrangement 49 whereby such services are exchanged on request of parties thereto. The 50 commission of a single act prohibited by this article shall constitute a 51 violation thereof. 52 Nothing in this article shall be construed to affect or prohibit the 53 right of any person to form or become affiliated with or to continue as 54 a member of any union, association, society or organization of his own 55 choosing.A. 5441 37 1 § 98. Subdivision 1 of section 84 of the general business law, as 2 amended by chapter 84 of the laws of 2001, is amended to read as 3 follows: 4 1. It is unlawful for the holder of a license, issued under this arti- 5 cle, or for any employee of such licensee, knowingly to commit any of 6 the following acts within or without the state of New York: to incite, 7 encourage, or aid in the incitement or encouragement of any person or 8 persons who have become a party to any strike, to do unlawful acts 9 against the person or property of any one, or to incite, stir up, create 10 or aid in the inciting of discontent or dissatisfaction among the 11 employees of any person, firm, limited liability company or corporation 12 with the intention of having them strike; to interfere or prevent lawful 13 and peaceful picketing during strikes; to interfere with, restrain, or 14 coerce employees in the exercise of their right to form, join or assist 15 any labor organization of their own choosing; to interfere or hinder the 16 lawful or peaceful collective bargaining between employees and employ- 17 ers; to pay, offer, or give any money, gratuity, favor, consideration, 18 or other thing of value, directly or indirectly, to any person for any 19 verbal or written report of the lawful activities of employees in the 20 exercise of their right of self-organization, to form, join, or assist 21 labor organizations and to bargain collectively through representatives 22 of their own choosing; to advertise for, recruit, furnish or replace or 23 offer to furnish or replace for hire or reward, within or without the 24 state of New York, any help or labor, skilled or unskilled, or to 25 furnish or offer to furnish armed guards, other than armed guards there- 26 tofore regularly employed for the protection of payrolls, property or 27 premises, for service upon property which is being operated in antic- 28 ipation of or during the course or existence of a strike, or furnish 29 armed guards upon the highways, for persons involved in labor disputes 30 or to furnish or offer to furnish to employers or their agents, any 31 arms, munitions, tear gas implements, or any other weapons; or to send 32 letters or literature to employers offering to eliminate labor unions or 33 distribute or circulate any list of members of a labor organization, or 34 to advise any person of the membership of an individual in a labor 35 organization for the express purpose of preventing those so listed or 36 named from obtaining or retaining employment. The violation of any of 37 the provisions of this section shall constitute a misdemeanor and shall 38 be punishable by a fine of not less than five hundred dollars, or one 39 year's imprisonment or both. It is unlawful for the holder of a license 40 to collect or offer or attempt to collect or directly or indirectly 41 engage in the business of collecting of debts or claims of any kind, 42 excepting that the taking possession, on behalf of a secured party 43 having the right to do so under section 9--609 of the uniform commercial 44 code, of property in the possession of a debtor who has defaulted in the 45 performance of a security agreement secured by such property, shall not 46 be considered a violation of this section and excepting further that the 47 secretary of state may grant exemption from this prohibition in the 48 collection of debts to licensees who are principally engaged in the 49 business of credit investigation and credit reporting. It is unlawful 50 for the holder of a license to furnish or perform any services described 51 in subdivisions one and two of section seventy-one of this article on a 52 contingent or percentage basis or to make or enter into any agreement 53 for furnishing services of any kind or character, by the terms or condi- 54 tions of which agreement the compensation to be paid for such services 55 to the holder of a license is partially or wholly contingent or based 56 upon a percentage of the amount of money or property recovered orA. 5441 38 1 dependent in any way upon the result achieved. It shall be unlawful for 2 a holder of a license to use, display, cause to be printed or distrib- 3 uted, cards, letter-heads, circulars, brochures or any other advertising 4 material or advertisement in which any name or indicia of the license 5 status of the licensee is set forth in any manner other than the name 6 under which the licensee is duly licensed. It is unlawful for a licensed 7 private investigator [or bail enforcement agent] to own, have or possess 8 or in any manner to wear, exhibit or display, a shield or badge of any 9 material, kind, nature or description, in the performance of any of the 10 activities as private investigator [or bail enforcement agent], as 11 distinguished from watch, guard or patrol agency, under this article. It 12 is unlawful for a licensed private investigator [or bail enforcement13agent] to issue to any person employed by such licensee, a badge or 14 shield of any material, kind, nature or description, and it is unlawful 15 for any person employed by such licensee to possess, carry or display a 16 badge or shield of any description provided that any licensed private 17 investigator [or bail enforcement agent] who also engages in the busi- 18 ness of watch, guard or patrol agency may possess, use or display or 19 issue to employees in the conduct of such business, a rectangular metal 20 or woven insignia to be worn on the outer clothing and approved by the 21 department of state, which insignia shall not be larger than three inch- 22 es high or four inches wide with an inscription thereon containing the 23 word "watchman", "guard", "patrol" or "special service" and the name of 24 the licensee. It shall be unlawful for any licensee to publish or cause 25 to be published any advertisement, letter-head, circular, statement or 26 phrase of any sort which suggests that the licensee is an official 27 police or investigative agency or any other agency instrumentality of 28 the state of New York or any of its political subdivisions. It shall be 29 unlawful for any licensee to make any statement which would reasonably 30 cause another person to believe that the licensee is a police officer or 31 official investigator of the state of New York or any of its political 32 subdivisions. It shall be unlawful for a licensee to offer, by radio, 33 television, newspaper advertisement or any other means of communication, 34 to perform services at any location which is merely the location of a 35 telephone answer service unless full disclosure of that fact is made in 36 the advertisement. 37 § 99. Subsection (a) of section 1107 of the insurance law is REPEALED 38 and subsections (b) and (c) are relettered subsections (a) and (b). 39 § 100. Article 68 of the insurance law is REPEALED. 40 § 101. Paragraph (j) of subdivision 2 of section 212 of the judiciary 41 law is REPEALED. 42 § 102. Section 481 of the judiciary law, as added by chapter 1031 of 43 the laws of 1965, is amended to read as follows: 44 § 481. Aiding, assisting or abetting the solicitation of persons or 45 the procurement of a retainer for or on behalf of an attorney. It shall 46 be unlawful for any person in the employ of or in any capacity attached 47 to any hospital, sanitarium, police department, prison or court[, or for48a person authorized to furnish bail bonds,] to communicate directly or 49 indirectly with any attorney or person acting on his behalf for the 50 purpose of aiding, assisting or abetting such attorney in the solicita- 51 tion of legal business or the procurement through solicitation of a 52 retainer, written or oral, or any agreement authorizing the attorney to 53 perform or render legal services. 54 § 103. Paragraph 2 of subdivision A of section 753 of the judiciary 55 law is REPEALED.A. 5441 39 1 § 104. Section 798 of the judiciary law, as amended by chapter 708 of 2 the laws of 1986, is amended to read as follows: 3 § 798. Remitting fines and penalties and discharging recognizances. 4 Upon the application of a person, who has been fined by a court, or of a 5 person whose recognizance has become forfeited, [or of his surety or of6a person who has posted cash bail, or bail by credit card or similar7device which has been forfeited,] the county court of the county in 8 which the term of the court was held, where the fine was imposed, or the 9 recognizance taken, may, except as otherwise prescribed in section seven 10 hundred and ninety-nine; upon good cause shown, and upon such terms as 11 it deems just, make an order, remitting the fine, wholly or partly, or 12 the forfeiture of the recognizance, or part of the penalty thereof; or 13 it may discharge the recognizance. If a fine so remitted has been paid, 14 the county treasurer, or other officer, in whose hands the money 15 remains, must pay the same, or the part remitted, according to the 16 order. 17 § 105. Sections 215.55, 215.56 and 215.57 of the penal law are 18 REPEALED. 19 § 106. This act shall take effect immediately.
