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) 2021-02-16 - 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[,
    17                            BAIL] AND COMMITMENT

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07046-02-1

        A. 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 over
     9  the person of a principal, it designates a sum of money  and  stipulates
    10  that,  if  bail  in such amount is posted on behalf of the principal and
    11  approved, it will permit him to be at liberty during the pendency of the
    12  criminal 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 to
    21  or retaining the principal in] that the principal be released instead of
    22  committed to the custody of the sheriff[, either release  the  principal
    23  on  the  principal's own recognizance, release under non-monetary condi-
    24  tions, 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-
    14  ty], 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-
    17  ing  crimes need not be a qualifying offense as defined in this subdivi-
    18  sion.]
    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,  where
    40  authorized, bail must or should issue, that the court should release the
    41  principal  on  the  principal's  own  recognizance or under non-monetary
    42  conditions rather than fix bail, and that  if  bail  is  authorized  and
    43  fixed 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; or

        A. 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  juvenile
    43  delinquent,  as  retained  pursuant to section 354.2 of the family court
    44  act, or, of pending cases where fingerprints are  retained  pursuant  to
    45  section 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 set
    49  forth in this title, the principal's individual financial circumstances,
    50  and, in cases where bail is authorized, the principal's ability to  post
    51  bail  without  posing  undue  hardship, as well as his or her ability to
    52  obtain 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  bail
    18  has  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-
    25  erated].
    26    2.  [Upon  the issuance of an order fixing bail, where authorized, and
    27  upon the posting thereof, the court must examine the bail  to  determine
    28  whether  it  complies with the order. If it does, the court must, in the
    29  absence of some factor or circumstance which in law requires or  author-
    30  izes  disapproval thereof, approve the bail and must issue a certificate
    31  of release, authorizing the principal to be  at  liberty,  and,  if  the
    32  principal  is  in  the custody of the sheriff at the time, directing the
    33  sheriff to discharge the principal therefrom. If the bail fixed  is  not
    34  posted, or is not approved after being posted, the court must order that
    35  the  principal  be committed to the custody of the sheriff. In the event
    36  of any such non-approval, the court shall explain  promptly  in  writing
    37  the reasons therefor.
    38    3.]  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 the

        A. 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  or

        A. 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  or
    51  accept  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  the

        A. 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 or
    48  215.57 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-
     4  ty],  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; or
    26    (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  lesser
    32  amount  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 by

        A. 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,  where
    12  authorized,  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 or
     4  215.57 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-
    16  ty], 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 of
    22  this section, with respect to any charge for which bail or remand is not
    23  ordered, and for which the  court  would  not  or  could  not  otherwise
    24  require  bail  or remand, a defendant may, at any time, request that the
    25  court set bail in a nominal amount requested by  the  defendant  in  the
    26  form  specified in paragraph (a) of subdivision one of section 520.10 of
    27  this title; if the court is satisfied that the request is voluntary, the
    28  court shall set such bail in such amount.
    29    6.] 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 in

        A. 5441                            14

     1  a 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 a
    12  less 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-
    25  ized, 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; or

        A. 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  or
    17  commitment],  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 the
    21  case 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 the
    40  case 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,  [but
    43  shall  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 for

        A. 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  [bail
    26  or  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 bail
    42  fixed] 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 of
    54  bail, the officer must without unnecessary delay bring  him  before  the
    55  court 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 [avail
    18  himself 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 [avail
    24  himself 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, the
    35  officer must retain custody of him but must  without  unnecessary  delay
    36  deliver  him or cause him to be delivered to the custody of the delegat-
    37  ing officer. Upon receiving such custody, the latter must without unnec-
    38  essary delay bring the defendant before the court in which  the  warrant
    39  is 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 the
    12  arrested person and release him from custody, as prescribed in  subdivi-
    13  sion two of section 150.20; or
    14    (b)  The  desk  officer  in charge at a police station, county jail or
    15  police headquarters, or any of his superior officers, may, in such place
    16  fix pre-arraignment bail and, upon deposit thereof, issue and  serve  an
    17  appearance ticket upon the arrested person and release him from custody,
    18  as  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 in
    32  subdivision  two.  If pre-arraignment bail is fixed but not posted, such
    33  arrested person may be temporarily held in custody but must  be  brought
    34  before  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 appearance
    49  ticket upon the  arrested  person  and  release  him  from  custody,  as
    50  prescribed in subdivision two of section 150.20; or
    51    (b)  The  desk  officer  in charge at the appropriate police officer's
    52  station, county jail or police headquarters,  or  any  of  his  superior
    53  officers, may, in such place, fix pre-arraignment bail and, upon deposit
    54  thereof,  issue  and serve an appearance ticket upon the arrested person
    55  and release him from custody, as prescribed in section 150.30]  of  this
    56  section.  Instead, an appropriate police officer must issue and serve an

        A. 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 [or
     9  215.56] 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 ticket
    25  under such circumstances may be conditioned upon a deposit  of  pre-arr-
    26  aignment 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 made
    33  conditional upon the posting of  pre-arraignment  bail  as  provided  in
    34  section  150.30 of this chapter but only if the appropriate police offi-
    35  cer (a) is unable to ascertain the  defendant's  identity  or  residence
    36  address; or (b) reasonably suspects that the identification or residence
    37  address  given  by  the  defendant  is  not  accurate; or (c) reasonably
    38  suspects 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 [fixing
    53  bail] 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  of
    22  bail]  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 at
    51  liberty 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  bail
     3  pursuant  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-
     6  ed 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 must
    37  exonerate 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,  protect

        A. 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  on
     8  bail, 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,  if
    13  he 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  on
    26  his] 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,  [fix
    47  bail,] 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 the
    20  provisions  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  the
    24  posting 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 bail
    35  pursuant 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 bail
    45  pursuant 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[, exonerate
     6  his 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  [or
    12  on 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  the
    31  accused  gives bail as provided in the next section,] or until [he shall
    32  be] 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 again
    42  take bail for his appearance  and  surrender,  as  provided  in  section
    43  570.38  but  within  a period not to exceed sixty days after the date of
    44  such 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 [his
    51  bail,] 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,  if

        A. 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  [his
    32  or  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  to

        A. 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,
    37  as provided in subdivision two  of  section  510.40  of  this  part,  be
    38  released and be permitted to remain at liberty; provided that, where the
    39  bail is posted by a person other than the witness himself, he may not be
    40  so released except upon his signed written consent thereto;
    41    (b)  If the bail is not posted, or if though posted it is not approved
    42  by the court, the witness  must,  as  provided  in  subdivision  two  of
    43  section  510.40  of  this part, be committed to the custody of the sher-
    44  iff.]
    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  that

        A. 5441                            29

     1  the  order  is  no longer necessary or warranted, it must[, as the situ-
     2  ation requires, either] discharge the witness from custody [or exonerate
     3  the bail]. If its determination  is  that  the  [bail  is]  non-monetary
     4  conditions  are  excessive,  it must issue a new order [fixing bail in a
     5  lesser 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 as
    18  defined  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 or

        A. 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,  the
    30  court must exonerate the defendant's bail if he or she was previously at
    31  liberty  on  bail;  provided,  however,  that exoneration of bail is not
    32  required when a defendant is committed to the custody of the commission-
    33  er 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 enforcement
     3  agent] 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  a
    44  bail  enforcement  agent shall execute, deliver and file with the office
    45  of such department a surety company bond in  the  sum  of  five  hundred
    46  thousand  dollars,  conditioned  for  the faithful and honest conduct of
    47  such business by such applicant, which surety bond must be written by  a
    48  company  recognized  and  approved  by  the  superintendent of financial
    49  services of the state, and approved by  the  department  of  state  with
    50  respect  to  its  form,  manner  of  execution and sufficiency provided,
    51  further, however, before a license  is  issued  to  a  non-resident  the
    52  applicant must file with the secretary of state a written consent to the
    53  jurisdiction  of the courts of New York (i) in any case or cases arising
    54  from any contract for the performance of private investigative  services
    55  as  private  investigator,  bail  enforcement  agent  or watch, guard or
    56  patrol agency, made within the state or to be performed,  wholly  or  in

        A. 5441                            34

     1  part, within the state or in any way connected with the conduct of busi-
     2  ness  within  the  state, and (ii) in any case or cases arising from any
     3  tort occurring within the state or  occurring  in  connection  with  the
     4  business  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  enforcement

        A. 5441                            35

     1  agent] 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  bail
    45  enforcement 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 has
    53  been 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  or

        A. 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  enforcement
    13  agent]  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 for
    48  a  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  of
     6  a  person  who  has  posted cash bail, or bail by credit card or similar
     7  device 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.
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