Bill Text: NY A05659 | 2019-2020 | General Assembly | Introduced
Bill Title: Expedites perfection and hearing of appeals of violent sex offense convictions when such offense was committed or attempted to be committed against a person under 18; such appeals shall be perfected within 60 days of the filing of the notice of appeal and heard within 120 days of the filing of the notice of appeal; prohibits the ordering of recognizance or bail upon conviction of any felony sex offense when such offense was committed or attempted to be committed against a person under 18 years of age.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A05659 Detail]
Download: New_York-2019-A05659-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5659 2019-2020 Regular Sessions IN ASSEMBLY February 14, 2019 ___________ Introduced by M. of A. ENGLEBRIGHT, COLTON, GUNTHER -- Multi-Sponsored by -- M. of A. CYMBROWITZ, GALEF, PERRY -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to prohibiting issuance of an order of recognizance or bail to certain persons upon conviction of a sex offense and expediting the perfection of appeals of convictions of sex offenses against persons under the age of 18 years The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 530.40 of the criminal procedure 2 law, as amended by chapter 264 of the laws of 2003, is amended to read 3 as follows: 4 3. Notwithstanding the provisions of subdivision two, a superior court 5 may not order recognizance or bail, or permit a defendant to remain at 6 liberty pursuant to an existing order, after he or she has been 7 convicted of either: (a) a class A felony or (b) any class B [or], class 8 C, class D or class E felony defined in article one hundred thirty of 9 the penal law committed or attempted to be committed by a person eigh- 10 teen years of age or older against a person less than eighteen years of 11 age. In either case the court must commit or remand the defendant to the 12 custody of the sheriff. 13 § 2. Subdivision 1 of section 530.45 of the criminal procedure law, as 14 amended by chapter 264 of the laws of 2003, is amended to read as 15 follows: 16 1. When the defendant is at liberty in the course of a criminal action 17 as a result of a prior order of recognizance or bail and the court 18 revokes such order and then either fixes no bail or fixes bail in a 19 greater amount or in a more burdensome form than was previously fixed 20 and remands or commits defendant to the custody of the sheriff, a judge 21 designated in subdivision two, upon application of the defendant follow- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09517-01-9A. 5659 2 1 ing conviction of an offense other than a class A felony or a class B 2 [or], class C, class D or class E felony offense defined in article one 3 hundred thirty of the penal law committed or attempted to be committed 4 by a person eighteen years of age or older against a person less than 5 eighteen years of age, and before sentencing, may issue a securing order 6 and either release defendant on his own recognizance, or fix bail, or 7 fix bail in a lesser amount or in a less burdensome form than fixed by 8 the court in which the conviction was entered. 9 § 3. Section 530.50 of the criminal procedure law, as amended by chap- 10 ter 264 of the laws of 2003, is amended to read as follows: 11 § 530.50 Order of recognizance or bail; during pendency of appeal. 12 A judge who is otherwise authorized pursuant to section 460.50 or 13 section 460.60 of this chapter to issue an order of recognizance or bail 14 pending the determination of an appeal, may do so unless the defendant 15 received a class A felony sentence or a sentence for any class B [or], 16 class C, class D or class E felony offense defined in article one 17 hundred thirty of the penal law committed or attempted to be committed 18 by a person eighteen years of age or older against a person less than 19 eighteen years of age. 20 § 4. Subdivisions 1 and 3 of section 460.70 of the criminal procedure 21 law, subdivision 1 as amended by chapter 195 of the laws of 2017 and 22 subdivision 3 as amended by chapter 695 of the laws of 1977, are amended 23 to read as follows: 24 1. Except as provided in subdivision two, the mode of and time for 25 perfecting an appeal which has been taken to an intermediate appellate 26 court from a judgement, sentence or order of a criminal court are deter- 27 mined by rules of the appellate division of the department in which such 28 appellate court is located. Among the matters to be determined by such 29 court rules are the times when the appeal must be noticed for and 30 brought to argument, the content and form of the records and briefs to 31 be served and filed, and the time when such records and briefs must be 32 served and filed. Such rules shall also provide that an appeal relating 33 to any conviction of a felony offense defined in article one hundred 34 thirty of the penal law committed or attempted to be committed against a 35 person under eighteen years of age shall be perfected on an expedited 36 basis completed within sixty days of the filing of the notice of appeal 37 and shall be heard within one hundred twenty days of the filing of the 38 notice of appeal. 39 When an appeal is taken by a defendant pursuant to section 450.10 of 40 this chapter, a transcript shall be prepared and settled and shall be 41 filed with the criminal court by the court reporter. Electronically 42 recorded proceedings that were not recorded by a stenographer shall be 43 transcribed and filed with the court as directed by the chief adminis- 44 trator of the courts. The expense for such transcript and any reproduced 45 copies of such transcript shall be paid by the defendant. Where the 46 defendant is granted permission to proceed as a poor person by the 47 appellate court, the court reporter shall promptly make and file with 48 the criminal court a transcript of the stenographic minutes of such 49 proceedings as the appellate court shall direct. The expense of tran- 50 scripts and any reproduced copies of transcripts prepared for poor 51 persons under this section shall be a state charge payable out of funds 52 appropriated to the office of court administration for that purpose. The 53 appellate court shall where such is necessary for perfection of the 54 appeal, order that the criminal court furnish a reproduced copy of such 55 transcript to the defendant or his counsel.A. 5659 3 1 3. The mode of and time for perfecting any appeal which has been taken 2 to the court of appeals are determined by the rules of the court of 3 appeals. Among the matters to be determined by such court rules are the 4 times when the appeal must be noticed for and brought to argument, the 5 content, form and number of the records and briefs and copies thereof to 6 be served and filed, and the times when such records and briefs must be 7 served and filed. Such rules shall also provide that an appeal relating 8 to any conviction of a felony offense defined in article one hundred 9 thirty of the penal law committed or attempted to be committed against a 10 person under eighteen years of age shall be perfected on an expedited 11 basis completed within sixty days of the filing of the notice of appeal 12 and shall be heard within one hundred twenty days of the filing of the 13 notice of appeal. 14 When an appeal is taken by a defendant pursuant to section 450.70 of 15 this chapter, the defendant shall cause to be prepared and printed or 16 otherwise duplicated pursuant to rules of the court of appeals the 17 record on appeal and the required number of copies thereof. If the 18 defendant is granted permission to appeal as a poor person, the expense 19 thereof shall be a state charge payable out of funds appropriated to the 20 office of court administration for that purpose. 21 § 5. This act shall take effect immediately.
