Bill Text: NY A07034 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides judges with more discretion regarding securing orders and limiting the lengths of certain orders; establishes new criminal discovery rules.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-03 - referred to codes [A07034 Detail]
Download: New_York-2023-A07034-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7034 2023-2024 Regular Sessions IN ASSEMBLY May 10, 2023 ___________ Introduced by M. of A. TANNOUSIS -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to providing judges more discretion regarding securing orders and limiting the lengths of certain orders; to repeal certain provisions of the crimi- nal procedure law relating thereto; to amend the criminal procedure law and the penal law, in relation to establishing new criminal discovery rules; to repeal article 245 of the criminal procedure law relating thereto; and to repeal certain provisions of the judiciary law and the executive law relating to securing orders and criminal discovery 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 Subdivision 3 of section 150.10 of the criminal procedure 2 law is REPEALED. 3 § 2. Subdivision 1 of section 150.20 of the criminal procedure law, as 4 amended by section 1-a of part JJJ of chapter 59 of the laws of 2019, 5 subparagraph (viii) as amended and subparagraphs (ix), (x) and (xi) of 6 paragraph (b) as added by section 1 of subpart B of part UU of chapter 7 56 of the laws of 2022, is amended to read as follows: 8 1. [(a)] Whenever a police officer is authorized pursuant to section 9 140.10 of this title to arrest a person without a warrant for an offense 10 other than a class A, B, C or D felony or a violation of section 130.25, 11 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, he [shall,12except as set out in paragraph (b) of this subdivision] or she may, 13 subject to the provisions of subdivisions three and four of section 14 150.40 of this [title] article, instead issue to and serve upon such 15 person an appearance ticket. 16 [(b) An officer is not required to issue an appearance ticket if:17(i) the person has one or more outstanding local criminal court or18superior court warrants;EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09723-01-3A. 7034 2 1(ii) the person has failed to appear in court proceedings in the last2two years;3(iii) the person has been given a reasonable opportunity to make their4verifiable identity and a method of contact known, and has been unable5or unwilling to do so, so that a custodial arrest is necessary to6subject the individual to the jurisdiction of the court. For the7purposes of this section, an officer may rely on various factors to8determine a person's identity, including but not limited to personal9knowledge of such person, such person's self-identification, or photo-10graphic identification. There is no requirement that a person present11photographic identification in order to be issued an appearance ticket12in lieu of arrest where the person's identity is otherwise verifiable;13however, if offered by such person, an officer shall accept as evidence14of identity the following: a valid driver's license or non-driver iden-15tification card issued by the commissioner of motor vehicles, the feder-16al government, any United States territory, commonwealth or possession,17the District of Columbia, a state government or municipal government18within the United States or a provincial government of the dominion of19Canada; a valid passport issued by the United States government or any20other country; an identification card issued by the armed forces of the21United States; a public benefit card, as defined in paragraph (a) of22subdivision one of section 158.00 of the penal law;23(iv) the person is charged with a crime between members of the same24family or household, as defined in subdivision one of section 530.11 of25this chapter;26(v) the person is charged with a crime defined in article 130 of the27penal law;28(vi) it reasonably appears the person should be brought before the29court for consideration of issuance of an order of protection, pursuant30to section 530.13 of this chapter, based on the facts of the crime or31offense that the officer has reasonable cause to believe occurred;32(vii) the person is charged with a crime for which the court may33suspend or revoke his or her driver license;34(viii) it reasonably appears to the officer, based on the observed35behavior of the individual in the present contact with the officer and36facts regarding the person's condition that indicates a sign of distress37to such a degree that the person would face harm without immediate38medical or mental health care, that bringing the person before the court39would be in such person's interest in addressing that need; provided,40however, that before making the arrest, the officer shall make all41reasonable efforts to assist the person in securing appropriate42services;43(ix) the person is eighteen years of age or older and charged with44criminal possession of a weapon on school grounds as defined in section45265.01-a of the penal law;46(x) the person is eighteen years of age or older and charged with a47hate crime as defined in section 485.05 of the penal law; or48(xi) the offense is a qualifying offense pursuant to paragraph (t) of49subdivision four of section 510.10 of this chapter, or pursuant to para-50graph (t) of subdivision four of section 530.40 of this chapter.] 51 § 3. The criminal procedure law is amended by adding a new section 52 150.30 to read as follows: 53 § 150.30 Appearance ticket; issuance and service thereof after arrest 54 upon posting of pre-arraignment bail. 55 1. Issuance and service of an appearance ticket by a police officer 56 following an arrest without a warrant, as prescribed in subdivision twoA. 7034 3 1 of section 150.20 of this article, may be made conditional upon the 2 posting of a sum of money, known as pre-arraignment bail. In such case, 3 the bail becomes forfeit upon failure of such person to comply with the 4 directions of the appearance ticket. The person posting such bail must 5 complete and sign a form which states (a) the name, residential address 6 and occupation of each person posting cash bail; and (b) the title of 7 the criminal action or proceeding involved; and (c) the offense or 8 offenses which are the subjects of the action or proceeding involved, 9 and the status of such action or proceeding; and (d) the name of the 10 principal and the nature of his or her involvement in or connection with 11 such action or proceeding; and (e) the date of the principal's next 12 appearance in court; and (f) an acknowledgement that the cash bail will 13 be forfeited if the principal does not comply with the directions of the 14 appearance ticket; and (g) the amount of money posted as cash bail. Such 15 pre-arraignment bail may be posted as provided in subdivision two or 16 three of this section. 17 2. A desk officer in charge at a police station, county jail, or 18 police headquarters, or any of his or her superior officers, may in such 19 place, fix pre-arraignment bail, in an amount prescribed in this subdi- 20 vision, and upon the posting thereof must issue and serve an appearance 21 ticket upon the arrested person, give a receipt for the bail, and 22 release such person from custody. Such pre-arraignment bail may be fixed 23 in the following amounts: 24 (a) If the arrest was for a class E felony, any amount not exceeding 25 seven hundred fifty dollars. 26 (b) If the arrest was for a class A misdemeanor, any amount not 27 exceeding five hundred dollars. 28 (c) If the arrest was for a class B misdemeanor or an unclassified 29 misdemeanor, any amount not exceeding two hundred fifty dollars. 30 (d) If the arrest was for a petty offense, any amount not exceeding 31 one hundred dollars. 32 3. A police officer, who has arrested a person without a warrant 33 pursuant to subdivision two of section 150.20 of this article for a 34 traffic infraction, may, where he or she reasonably believes that such 35 arrested person is not licensed to operate a motor vehicle by this state 36 or any state covered by a reciprocal compact guaranteeing appearance as 37 is provided in section five hundred seventeen of the vehicle and traffic 38 law, fix pre-arraignment bail in the amount of fifty dollars; provided, 39 however, such bail shall be posted by means of a credit card or similar 40 device. Upon the posting thereof, said officer must issue and serve an 41 appearance ticket upon the arrested person, give a receipt for the bail, 42 and release such person from custody. 43 4. The chief administrator of the courts shall establish a system for 44 the posting of pre-arraignment bail by means of credit card or similar 45 device, as is provided by section two hundred twelve of the judiciary 46 law. The head of each police department or police force and of any state 47 department, agency, board, commission or public authority having police 48 officers who fix pre-arraignment bail as provided herein may elect to 49 use the system established by the chief administrator or may establish 50 such other system for the posting of pre-arraignment bail by means of 51 credit card or similar device as he or she may deem appropriate. 52 § 4. Subdivision 1 of section 150.40 of the criminal procedure law, as 53 amended by section 8 of part UU of chapter 56 of the laws of 2020, is 54 amended to read as follows: 55 1. An appearance ticket must be made returnable [at a date as soon as56possible, but in no event later than twenty days from the date of issu-A. 7034 4 1ance; or at the next scheduled session of the appropriate local criminal2court if such session is scheduled to occur more than twenty days from3the date of issuance; or at a later date, with the court's permission4due to enrollment in a pre-arraignment diversion program. The appearance5ticket shall be made returnable] in a local criminal court designated in 6 section 100.55 of this title as one with which an information for the 7 offense in question may be filed. 8 § 5. Section 150.80 of the criminal procedure law is REPEALED. 9 § 6. Subdivisions 3-a, 3-b, 21 and 22 of section 500.10 of the crimi- 10 nal procedure law are REPEALED. 11 § 7. Subdivisions 5, 6, 7 and 9 of section 500.10 of the criminal 12 procedure law, as amended by section 1-e of part JJJ of chapter 59 of 13 the laws of 2019, are amended to read as follows: 14 5. "Securing order" means an order of a court committing a principal 15 to the custody of the sheriff or fixing bail, [where authorized,] or 16 releasing the principal on the principal's own recognizance [or releas-17ing the principal under non-monetary conditions]. 18 6. "Order of recognizance or bail" means a securing order releasing a 19 principal on the principal's own recognizance or [under non-monetary20conditions or, where authorized,] fixing bail. 21 7. "Application for recognizance or bail" means an application by a 22 principal that the court, instead of committing the principal to or 23 retaining the principal in the custody of the sheriff, either release 24 the principal on the principal's own recognizance[, release under non-25monetary conditions, or, where authorized,] or fix bail. 26 9. "Bail" means cash bail[,] or a bail bond [or money paid with a27credit card]. 28 § 8. Section 510.10 of the criminal procedure law, as amended by 29 section 2 of part JJJ of chapter 59 of the laws of 2019, subdivision 1 30 as amended by section 1 of subpart C of part UU of chapter 56 of the 31 laws of 2022, subdivision 4 as amended by section 2 of part UU of chap- 32 ter 56 of the laws of 2020, and paragraphs (s) and (t) as amended and 33 paragraph (u) of subdivision 4 as added by section 2 of subpart B of 34 part UU of chapter 56 of the laws of 2022, is amended to read as 35 follows: 36 § 510.10 Securing order; when required; alternatives available[; stand-37ard to be applied]. 38 [1.] When a principal, whose future court attendance at a criminal 39 action or proceeding is or may be required, initially comes under the 40 control of a court, such court shall, [in accordance with this title,] 41 by a securing order either release the principal on the principal's own 42 recognizance, [release the principal under non-monetary conditions,] or, 43 where authorized, fix bail or commit the principal to the custody of the 44 sheriff. [In all such cases, except where another type of securing order45is shown to be required by law, the court shall release the principal46pending trial on the principal's own recognizance, unless it is demon-47strated and the court makes an individualized determination that the48principal poses a risk of flight to avoid prosecution. If such a finding49is made, the court must select the least restrictive alternative and50condition or conditions that will reasonably assure the principal's51return to court. The court shall explain its choice of release, release52with conditions, bail or remand on the record or in writing. In making53its determination, the court must consider and take into account avail-54able information about the principal, including:55(a) The principal's activities and history;56(b) If the principal is a defendant, the charges facing the principal;A. 7034 5 1(c) The principal's criminal conviction record if any;2(d) The principal's record of previous adjudication as a juvenile3delinquent, as retained pursuant to section 354.1 of the family court4act, or, of pending cases where fingerprints are retained pursuant to5section 306.1 of such act, or a youthful offender, if any;6(e) The principal's previous record with respect to flight to avoid7criminal prosecution;8(f) If monetary bail is authorized, according to the restrictions set9forth in this title, the principal's individual financial circumstances,10and, in cases where bail is authorized, the principal's ability to post11bail without posing undue hardship, as well as his or her ability to12obtain a secured, unsecured, or partially secured bond;13(g) Any violation by the principal of an order of protection issued by14any court;15(h) The principal's history of use or possession of a firearm;16(i) Whether the charge is alleged to have caused serious harm to an17individual or group of individuals; and18(j) If the principal is a defendant, in the case of an application for19a securing order pending appeal, the merit or lack of merit of the20appeal.212. A principal is entitled to representation by counsel under this22chapter in preparing an application for release, when a securing order23is being considered and when a securing order is being reviewed for24modification, revocation or termination. If the principal is financially25unable to obtain counsel, counsel shall be assigned to the principal.263. In cases other than as described in subdivision four of this27section the court shall release the principal pending trial on the prin-28cipal's own recognizance, unless the court finds on the record or in29writing that release on the principal's own recognizance will not30reasonably assure the principal's return to court. In such instances,31the court shall release the principal under non-monetary conditions,32selecting the least restrictive alternative and conditions that will33reasonably assure the principal's return to court. The court shall34explain its choice of alternative and conditions on the record or in35writing.364. Where the principal stands charged with a qualifying offense, the37court, unless otherwise prohibited by law, may in its discretion release38the principal pending trial on the principal's own recognizance or under39non-monetary conditions, fix bail, or, where the defendant is charged40with a qualifying offense which is a felony, the court may commit the41principal to the custody of the sheriff. A principal stands charged with42a qualifying offense for the purposes of this subdivision when he or she43stands charged with:44(a) a felony enumerated in section 70.02 of the penal law, other than45robbery in the second degree as defined in subdivision one of section46160.10 of the penal law, provided, however, that burglary in the second47degree as defined in subdivision two of section 140.25 of the penal law48shall be a qualifying offense only where the defendant is charged with49entering the living area of the dwelling;50(b) a crime involving witness intimidation under section 215.15 of the51penal law;52(c) a crime involving witness tampering under section 215.11, 215.1253or 215.13 of the penal law;54(d) a class A felony defined in the penal law, provided that for class55A felonies under article two hundred twenty of the penal law, only class56A-I felonies shall be a qualifying offense;A. 7034 6 1(e) a sex trafficking offense defined in section 230.34 or 230.34-a of2the penal law, or a felony sex offense defined in section 70.80 of the3penal law, or a crime involving incest as defined in section 255.25,4255.26 or 255.27 of such law, or a misdemeanor defined in article one5hundred thirty of such law;6(f) conspiracy in the second degree as defined in section 105.15 of7the penal law, where the underlying allegation of such charge is that8the defendant conspired to commit a class A felony defined in article9one hundred twenty-five of the penal law;10(g) money laundering in support of terrorism in the first degree as11defined in section 470.24 of the penal law; money laundering in support12of terrorism in the second degree as defined in section 470.23 of the13penal law; money laundering in support of terrorism in the third degree14as defined in section 470.22 of the penal law; money laundering in15support of terrorism in the fourth degree as defined in section 470.2116of the penal law; or a felony crime of terrorism as defined in article17four hundred ninety of the penal law, other than the crime defined in18section 490.20 of such law;19(h) criminal contempt in the second degree as defined in subdivision20three of section 215.50 of the penal law, criminal contempt in the first21degree as defined in subdivision (b), (c) or (d) of section 215.51 of22the penal law or aggravated criminal contempt as defined in section23215.52 of the penal law, and the underlying allegation of such charge of24criminal contempt in the second degree, criminal contempt in the first25degree or aggravated criminal contempt is that the defendant violated a26duly served order of protection where the protected party is a member of27the defendant's same family or household as defined in subdivision one28of section 530.11 of this title;29(i) facilitating a sexual performance by a child with a controlled30substance or alcohol as defined in section 263.30 of the penal law, use31of a child in a sexual performance as defined in section 263.05 of the32penal law or luring a child as defined in subdivision one of section33120.70 of the penal law, promoting an obscene sexual performance by a34child as defined in section 263.10 of the penal law or promoting a sexu-35al performance by a child as defined in section 263.15 of the penal law;36(j) any crime that is alleged to have caused the death of another37person;38(k) criminal obstruction of breathing or blood circulation as defined39in section 121.11 of the penal law, strangulation in the second degree40as defined in section 121.12 of the penal law or unlawful imprisonment41in the first degree as defined in section 135.10 of the penal law, and42is alleged to have committed the offense against a member of the defend-43ant's same family or household as defined in subdivision one of section44530.11 of this title;45(l) aggravated vehicular assault as defined in section 120.04-a of the46penal law or vehicular assault in the first degree as defined in section47120.04 of the penal law;48(m) assault in the third degree as defined in section 120.00 of the49penal law or arson in the third degree as defined in section 150.10 of50the penal law, when such crime is charged as a hate crime as defined in51section 485.05 of the penal law;52(n) aggravated assault upon a person less than eleven years old as53defined in section 120.12 of the penal law or criminal possession of a54weapon on school grounds as defined in section 265.01-a of the penal55law;A. 7034 7 1(o) grand larceny in the first degree as defined in section 155.42 of2the penal law, enterprise corruption as defined in section 460.20 of the3penal law, or money laundering in the first degree as defined in section4470.20 of the penal law;5(p) failure to register as a sex offender pursuant to section one6hundred sixty-eight-t of the correction law or endangering the welfare7of a child as defined in subdivision one of section 260.10 of the penal8law, where the defendant is required to maintain registration under9article six-C of the correction law and designated a level three offen-10der pursuant to subdivision six of section one hundred sixty-eight-l of11the correction law;12(q) a crime involving bail jumping under section 215.55, 215.56 or13215.57 of the penal law, or a crime involving escaping from custody14under section 205.05, 205.10 or 205.15 of the penal law;15(r) any felony offense committed by the principal while serving a16sentence of probation or while released to post release supervision;17(s) a felony, where the defendant qualifies for sentencing on such18charge as a persistent felony offender pursuant to section 70.10 of the19penal law;20(t) any felony or class A misdemeanor involving harm to an identifi-21able person or property, or any charge of criminal possession of a22firearm as defined in section 265.01-b of the penal law, where such23charge arose from conduct occurring while the defendant was released on24his or her own recognizance, released under conditions, or had yet to be25arraigned after the issuance of a desk appearance ticket for a separate26felony or class A misdemeanor involving harm to an identifiable person27or property, or any charge of criminal possession of a firearm as28defined in section 265.01-b of the penal law, provided, however, that29the prosecutor must show reasonable cause to believe that the defendant30committed the instant crime and any underlying crime. For the purposes31of this subparagraph, any of the underlying crimes need not be a quali-32fying offense as defined in this subdivision. For the purposes of this33paragraph, "harm to an identifiable person or property" shall include34but not be limited to theft of or damage to property. However, based35upon a review of the facts alleged in the accusatory instrument, if the36court determines that such theft is negligible and does not appear to be37in furtherance of other criminal activity, the principal shall be38released on his or her own recognizance or under appropriate non-mone-39tary conditions; or40(u) criminal possession of a weapon in the third degree as defined in41subdivision three of section 265.02 of the penal law or criminal sale of42a firearm to a minor as defined in section 265.16 of the penal law.435. Notwithstanding the provisions of subdivisions three and four of44this section, with respect to any charge for which bail or remand is not45ordered, and for which the court would not or could not otherwise46require bail or remand, a defendant may, at any time, request that the47court set bail in a nominal amount requested by the defendant in the48form specified in paragraph (a) of subdivision one of section 520.10 of49this title; if the court is satisfied that the request is voluntary, the50court shall set such bail in such amount.516.] When a securing order is revoked or otherwise terminated in the 52 course of an uncompleted action or proceeding but the principal's future 53 court attendance still is or may be required and the principal is still 54 under the control of a court, a new securing order must be issued. When 55 the court revokes or otherwise terminates a securing order which commit- 56 ted the principal to the custody of the sheriff, the court shall giveA. 7034 8 1 written notification to the sheriff of such revocation or termination of 2 the securing order. 3 § 9. Section 510.20 of the criminal procedure law, as amended by 4 section 3 of part JJJ of chapter 59 of the laws of 2019, is amended to 5 read as follows: 6 § 510.20 Application for [a change in securing order] recognizance or 7 bail; making and determination thereof in general. 8 1. Upon any occasion when a court [has issued] is required to issue a 9 securing order with respect to a principal [and the], or at any time 10 when a principal is confined in the custody of the sheriff as a result 11 of the securing order or a previously issued securing order, the princi- 12 pal may make an application for recognizance[, release under non-mone-13tary conditions] or bail. 14 2. [(a) The principal is entitled to representation by counsel in the15making and presentation of such application. If the principal is finan-16cially unable to obtain counsel, counsel shall be assigned to the prin-17cipal.18(b)] Upon such application, the principal must be accorded an opportu- 19 nity to be heard[, present evidence] and to contend that an order of 20 recognizance[, release under non-monetary conditions] or[, where author-21ized,] bail must or should issue, that the court should release the 22 principal on the principal's own recognizance [or under non-monetary23conditions] rather than fix bail, and that if bail is [authorized and] 24 fixed it should be in a suggested amount and form. 25 § 10. Section 510.30 of the criminal procedure law, as amended by 26 section 5 of part JJJ of chapter 59 of the laws of 2019, and subdivision 27 1 as amended by section 2 of subpart C of part UU of chapter 56 of the 28 laws of 2022, is amended to read as follows: 29 § 510.30 Application for [securing order] recognizance or bail; rules of 30 law and criteria controlling determination. 31 1. Determinations of applications for recognizance or bail are not in 32 all cases discretionary but are subject to rules, prescribed in article 33 five hundred thirty of this title and other provisions of law relating 34 to specific kinds of criminal actions and proceedings, providing (a) 35 that in some circumstances such an application must as a matter of law 36 be granted, (b) that in others it must as a matter of law be denied and 37 the principal committed to or retained in the custody of the sheriff, 38 and (c) that in others the granting or denial thereof is a matter of 39 judicial discretion. 40 2. To the extent that the issuance of an order of recognizance or bail 41 and the terms thereof are matters of discretion rather than of law, an 42 application is determined on the basis of the following factors and 43 criteria: 44 (a) With respect to any principal, the court [in all cases, unless45otherwise provided by law,] must [impose the least restrictive] consider 46 the kind and degree of control or restriction that is necessary to 47 secure the principal's return to court when required. In determining 48 that matter, the court must, on the basis of available information, 49 consider and take into account [information about the principal that is50relevant to the principal's return to court, including:51(a) The principal's activities and history;52(b) If the principal is a defendant, the charges facing the principal;53(c)]: 54 (i) The principal's character, reputation, habits and mental condi- 55 tion; 56 (ii) the principal's employment and financial resources;A. 7034 9 1 (iii) The principal's family ties and the length of his or her resi- 2 dence if any in the community; 3 (iv) The principal's criminal [conviction] record if any; 4 [(d)] (v) The principal's record of previous adjudication as a juve- 5 nile delinquent, as retained pursuant to section 354.2 of the family 6 court act, or, of pending cases where fingerprints are retained pursuant 7 to section 306.1 of such act, or a youthful offender, if any; 8 [(e)] (vi) The principal's previous record if any in responding to 9 court appearances when required or with respect to flight to avoid crim- 10 inal prosecution; 11 [(f) If monetary bail is authorized, according to the restrictions set12forth in this title, the principal's individual financial circumstances,13and, in cases where bail is authorized, the principal's ability to post14bail without posing undue hardship, as well as his or her ability to15obtain a secured, unsecured, or partially secured bond;16(g) any] (vii) Any violation by the principal of an order of 17 protection issued by any court; 18 [(h) the] (viii) The principal's history of use or possession of a 19 firearm; 20 [(i) whether] (ix) Whether the charge is alleged to have caused seri- 21 ous harm to an individual or group of individuals; [and22(j)] (x) If the principal is a defendant, the weight of the evidence 23 against him or her in the pending criminal action and any other factor 24 indicating probability or improbability of conviction; or, in the case 25 of an application for [a securing order] bail or recognizance pending 26 appeal, the merit or lack of merit of the appeal; and 27 (xi) If he or she is a defendant, the sentence which may be or has 28 been imposed upon conviction. 29 [2.] (b) Where the principal is a defendant-appellant in a pending 30 appeal from a judgment of conviction, the court must also consider the 31 likelihood of ultimate reversal of the judgment. A determination that 32 the appeal is palpably without merit alone justifies, but does not 33 require, a denial of the application, regardless of any determination 34 made with respect to the factors specified in paragraph (a) of this 35 subdivision [one of this section]. 36 3. When bail or recognizance is ordered, the court shall inform the 37 principal, if the principal is a defendant charged with the commission 38 of a felony, that the release is conditional and that the court may 39 revoke the order of release and may be authorized to commit the princi- 40 pal to the custody of the sheriff in accordance with the provisions of 41 subdivision two of section 530.60 of this [chapter] title if the princi- 42 pal commits a subsequent felony while at liberty upon such order. 43 § 11. Section 510.40 of the criminal procedure law, as amended by 44 section 6 of part JJJ of chapter 59 of the laws of 2019 and paragraph 45 (c) of subdivision 4 as amended by section 7 of part UU of chapter 56 of 46 the laws of 2020, is amended to read as follows: 47 § 510.40 [Court notification to principal of conditions of release and48of alleged violations of conditions of release] Application 49 for recognizance or bail; determination thereof, form of 50 securing order and execution thereof. 51 1. An application for recognizance or bail must be determined by a 52 securing order which either: 53 (a) Grants the application and releases the principal on his or her 54 own recognizance; or 55 (b) Grants the application and fixes bail; orA. 7034 10 1 (c) Denies the application and commits the principal to, or retains 2 him or her in, the custody of the sheriff. 3 2. Upon ordering that a principal be released on the principal's own 4 recognizance, [or released under non-monetary conditions, or, if bail5has been fixed, upon the posting of bail,] the court must direct the 6 principal to appear in the criminal action or proceeding involved when- 7 ever the principal's attendance may be required and to [be] render the 8 principal at all times amenable to the orders and processes of the 9 court. If such principal is in the custody of the sheriff or at liberty 10 upon bail at the time of the order, the court must direct that the prin- 11 cipal be discharged from such custody or, as the case may be, that the 12 principal's bail be exonerated. 13 [2.] 3. Upon the issuance of an order fixing bail[, where authorized,] 14 and upon the posting thereof, the court must examine the bail to deter- 15 mine whether it complies with the order. If it does, the court must, in 16 the absence of some factor or circumstance which in law requires or 17 authorizes disapproval thereof, approve the bail and must issue a 18 certificate of release, authorizing the principal to be at liberty, and, 19 if the principal is in the custody of the sheriff at the time, directing 20 the sheriff to discharge the principal therefrom. If the bail fixed is 21 not posted, or is not approved after being posted, the court must order 22 that the principal be committed to the custody of the sheriff. [In the23event of any such non-approval, the court shall explain promptly in24writing the reasons therefor.253. Non-monetary conditions of release shall be individualized and26established in writing by the court. At future court appearances, the27court shall consider a lessening of conditions or modification of condi-28tions to a less burdensome form based on the principal's compliance with29such conditions of release. In the event of alleged non-compliance with30the conditions of release in an important respect, pursuant to this31subdivision, additional conditions may be imposed by the court, on the32record or in writing, only after notice of the facts and circumstances33of such alleged non-compliance, reasonable under the circumstances,34affording the principal and the principal's attorney and the people an35opportunity to present relevant, admissible evidence, relevant witnesses36and to cross-examine witnesses, and a finding by clear and convincing37evidence that the principal violated a condition of release in an impor-38tant respect. Following such a finding, in determining whether to impose39additional conditions for non-compliance, the court shall consider and40may select conditions consistent with the court's obligation to impose41the least restrictive condition or conditions that will reasonably42assure the defendant's return to court. The court shall explain on the43record or in writing the reasons for its determination and for any44changes to the conditions imposed.454. (a) Electronic monitoring of a principal's location may be ordered46only if the court finds, after notice, an opportunity to be heard and an47individualized determination explained on the record or in writing, that48the defendant qualifies for electronic monitoring in accordance with49subdivision twenty-one of section 500.10 of this title, and no other50realistic non-monetary condition or set of non-monetary conditions will51suffice to reasonably assure a principal's return to court.52(b) The specific method of electronic monitoring of the principal's53location must be approved by the court. It must be the least restrictive54procedure and method that will reasonably assure the principal's return55to court, and unobtrusive to the greatest extent practicable.A. 7034 11 1(c) Electronic monitoring of the location of a principal may be2conducted only by a public entity under the supervision and control of a3county or municipality or a non-profit entity under contract to the4county, municipality or the state. A county or municipality shall be5authorized to enter into a contract with another county or municipality6in the state to monitor principals under non-monetary conditions of7release in its county, but counties, municipalities and the state shall8not contract with any private for-profit entity for such purposes.9Counties, municipalities and the state may contract with a private for-10profit entity to supply electronic monitoring devices or other items,11provided that any interaction with persons under electronic monitoring12or the data produced by such monitoring shall be conducted solely by13employees of a county, municipality, the state, or a non-profit entity14under contract with such county, municipality or the state.15(d) Electronic monitoring of a principal's location may be for a maxi-16mum period of sixty days, and may be renewed for such period, after17notice, an opportunity to be heard and a de novo, individualized deter-18mination in accordance with this subdivision, which shall be explained19on the record or in writing.20A defendant subject to electronic location monitoring under this21subdivision shall be considered held or confined in custody for purposes22of section 180.80 of this chapter and shall be considered committed to23the custody of the sheriff for purposes of section 170.70 of the chap-24ter, as applicable.255. If a principal is released under non-monetary conditions, the court26shall, on the record and in an individualized written document provided27to the principal, notify the principal, in plain language and a manner28sufficiently clear and specific:29(a) of any conditions to which the principal is subject, to serve as a30guide for the principal's conduct; and31(b) that the possible consequences for violation of such a condition32may include revocation of the securing order and the ordering of a more33restrictive securing order.] 34 § 12. Sections 510.43 and 510.45 of the criminal procedure law are 35 REPEALED. 36 § 13. Section 510.50 of the criminal procedure law, as amended by 37 section 9 of part JJJ of chapter 59 of the laws of 2019, is amended to 38 read as follows: 39 § 510.50 Enforcement of securing order. 40 [1.] When the attendance of a principal confined in the custody of the 41 sheriff is required at the criminal action or proceeding at a particular 42 time and place, the court may compel such attendance by directing the 43 sheriff to produce the principal at such time and place. If the princi- 44 pal is at liberty on the principal's own recognizance [or non-monetary45conditions] or on bail, the principal's attendance may be achieved or 46 compelled by various methods, including notification and the issuance of 47 a bench warrant, prescribed by law in provisions governing such matters 48 with respect to the particular kind of action or proceeding involved. 49 [2. Except when the principal is charged with a new crime while at50liberty, absent relevant, credible evidence demonstrating that a princi-51pal's failure to appear for a scheduled court appearance was willful,52the court, prior to issuing a bench warrant for a failure to appear for53a scheduled court appearance, shall provide at least forty-eight hours54notice to the principal or the principal's counsel that the principal is55required to appear, in order to give the principal an opportunity to56appear voluntarily.]A. 7034 12 1 § 14. Paragraph (b) of subdivision 2 of section 520.10 of the criminal 2 procedure law, as amended by section 10 of part JJJ of chapter 59 of the 3 laws of 2019, is amended to read as follows: 4 (b) The court [shall] may direct that the bail be posted in any one of 5 [three] two or more of the forms specified in subdivision one of this 6 section, designated in the alternative, and may designate different 7 amounts varying with the forms[, except that one of the forms shall be8either an unsecured or partially secured surety bond, as selected by the9court]. 10 § 15. Section 530.10 of the criminal procedure law, as amended by 11 section 11 of part JJJ of chapter 59 of the laws of 2019, is amended to 12 read as follows: 13 § 530.10 Order of recognizance [release under non-monetary conditions] 14 or bail; in general. 15 Under circumstances prescribed in this article, a court, upon applica- 16 tion of a defendant charged with or convicted of an offense, is required 17 [to issue a securing order] or authorized to order bail or recognizance 18 for the release or prospective release of such defendant during the 19 pendency of either: 20 1. A criminal action based upon such charge; or 21 2. An appeal taken by the defendant from a judgment of conviction or a 22 sentence or from an order of an intermediate appellate court affirming 23 or modifying a judgment of conviction or a sentence. 24 § 16. Subdivision 4 of section 530.11 of the criminal procedure law, 25 as amended by section 12 of part JJJ of chapter 59 of the laws of 2019, 26 is amended to read as follows: 27 4. When a person is arrested for an alleged family offense or an 28 alleged violation of an order of protection or temporary order of 29 protection or arrested pursuant to a warrant issued by the supreme or 30 family court, and the supreme or family court, as applicable, is not in 31 session, such person shall be brought before a local criminal court in 32 the county of arrest or in the county in which such warrant is return- 33 able pursuant to article one hundred twenty of this chapter. Such local 34 criminal court may issue any order authorized under subdivision eleven 35 of section 530.12 of this article, section one hundred fifty-four-d or 36 one hundred fifty-five of the family court act or subdivision three-b of 37 section two hundred forty or subdivision two-a of section two hundred 38 fifty-two of the domestic relations law, in addition to discharging 39 other arraignment responsibilities as set forth in this chapter. In 40 making such order, the local criminal court shall consider [de novo] the 41 bail recommendation [and securing order], if any, made by the supreme or 42 family court as indicated on the warrant or certificate of warrant. 43 Unless the petitioner or complainant requests otherwise, the court, in 44 addition to scheduling further criminal proceedings, if any, regarding 45 such alleged family offense or violation allegation, shall make such 46 matter returnable in the supreme or family court, as applicable, on the 47 next day such court is in session. 48 § 17. Subdivision 11 of section 530.12 of the criminal procedure law, 49 as amended by section 15 of part JJJ of chapter 59 of the laws of 2019, 50 is amended to read as follows: 51 11. If a defendant is brought before the court for failure to obey any 52 lawful order issued under this section, or an order of protection issued 53 by a court of competent jurisdiction in another state, territorial or 54 tribal jurisdiction, and if, after hearing, the court is satisfied by 55 competent proof that the defendant has willfully failed to obey any such 56 order, the court may:A. 7034 13 1 (a) revoke an order of recognizance [or release under non-monetary2conditions] or revoke an order of bail or order forfeiture of such bail 3 and commit the defendant to custody; or 4 (b) restore the case to the calendar when there has been an adjourn- 5 ment in contemplation of dismissal and commit the defendant to custody; 6 or 7 (c) revoke a conditional discharge in accordance with section 410.70 8 of this chapter and impose probation supervision or impose a sentence of 9 imprisonment in accordance with the penal law based on the original 10 conviction; or 11 (d) revoke probation in accordance with section 410.70 of this chapter 12 and impose a sentence of imprisonment in accordance with the penal law 13 based on the original conviction. In addition, if the act which consti- 14 tutes the violation of the order of protection or temporary order of 15 protection is a crime or a violation the defendant may be charged with 16 and tried for that crime or violation. 17 § 18. The opening paragraph of subdivision 1 of section 530.13 of the 18 criminal procedure law, as amended by section 14 of part JJJ of chapter 19 59 of the laws of 2019, is amended to read as follows: 20 When any criminal action is pending, and the court has not issued a 21 temporary order of protection pursuant to section 530.12 of this arti- 22 cle, the court, in addition to the other powers conferred upon it by 23 this chapter, may for good cause shown issue a temporary order of 24 protection in conjunction with any securing order committing the defend- 25 ant to the custody of the sheriff or as a condition of a pre-trial 26 release, or as a condition of release on bail or an adjournment in 27 contemplation of dismissal. In addition to any other conditions, such an 28 order may require that the defendant: 29 § 19. Paragraph (a) of subdivision 8 of section 530.13 of the criminal 30 procedure law, as amended by section 13 of part JJJ of chapter 59 of the 31 laws of 2019, is amended to read as follows: 32 (a) revoke an order of recognizance[, release under non-monetary33conditions] or bail and commit the defendant to custody; or 34 § 20. Section 530.20 of the criminal procedure law is REPEALED and a 35 new section 530.20 is added to read as follows: 36 § 530.20 Order of recognizance or bail; by local criminal court when 37 action is pending therein. 38 When a criminal action is pending in a local criminal court, such 39 court, upon application of a defendant, must or may order recognizance 40 or bail as follows: 41 1. When the defendant is charged, by information, simplified informa- 42 tion, prosecutor's information or misdemeanor complaint, with an offense 43 or offenses of less than felony grade only, the court must order recog- 44 nizance or bail. 45 2. When the defendant is charged, by felony complaint, with a felony, 46 the court may, in its discretion, order recognizance or bail except as 47 otherwise provided in this subdivision: 48 (a) A city court, a town court or a village court may not order recog- 49 nizance or bail when (i) the defendant is charged with a class A felony, 50 or (ii) it appears that the defendant has two previous felony 51 convictions; 52 (b) No local criminal court may order recognizance or bail with 53 respect to a defendant charged with a felony unless and until: 54 (i) The district attorney has been heard in the matter or, after know- 55 ledge or notice of the application and reasonable opportunity to beA. 7034 14 1 heard, has failed to appear at the proceeding or has otherwise waived 2 his or her right to do so; and 3 (ii) The court has been furnished with a report of the division of 4 criminal justice services concerning the defendant's criminal record if 5 any or with a police department report with respect to the defendant's 6 prior arrest record. If neither report is available, the court, with the 7 consent of the district attorney, may dispense with this requirement; 8 provided, however, that in an emergency, including but not limited to a 9 substantial impairment in the ability of such division or police depart- 10 ment to timely furnish such report, such consent shall not be required 11 if, for reasons stated on the record, the court deems it unnecessary. 12 When the court has been furnished with any such report or record, it 13 shall furnish a copy thereof to counsel for the defendant or, if the 14 defendant is not represented by counsel, to the defendant. 15 § 21. The section heading and subdivisions 1 and 2 of section 530.30 16 of the criminal procedure law, as amended by section 17 of part JJJ of 17 chapter 59 of the laws of 2019, are amended to read as follows: 18 Order of recognizance[, release under non-monetary conditions] or 19 bail; by superior court judge when action is pending in local criminal 20 court. 21 1. When a criminal action is pending in a local criminal court, other 22 than one consisting of a superior court judge sitting as such, a judge 23 of a superior court holding a term thereof in the county, upon applica- 24 tion of a defendant, may order recognizance[, release under non-monetary25conditions] or[, where authorized,] bail when such local criminal court: 26 (a) Lacks authority to issue such an order, pursuant to the relevant 27 provisions of section 530.20 of this article; or 28 (b) Has denied an application for recognizance[, release under non-29monetary conditions] or bail; or 30 (c) Has fixed bail[, where authorized,] which is excessive[; or31(d) Has set a securing order of release under non-monetary conditions32which are more restrictive than necessary to reasonably assure the33defendant's return to court]. 34 In such case, such superior court judge may vacate the order of such 35 local criminal court and release the defendant on his or her own recog- 36 nizance [or under non-monetary conditions,] or [where authorized,] fix 37 bail in a lesser amount or in a less burdensome form[, whichever are the38least restrictive alternative and conditions that will reasonably assure39the defendant's return to court. The court shall explain its choice of40alternative and conditions on the record or in writing]. 41 2. Notwithstanding the provisions of subdivision one of this section, 42 when the defendant is charged with a felony in a local criminal court, a 43 superior court judge may not order recognizance, [release under non-mon-44etary conditions] or[, where authorized,] bail unless and until the 45 district attorney has had an opportunity to be heard in the matter and 46 such judge [and counsel for the defendant have] has been furnished with 47 a report as described in subparagraph (ii) of paragraph (b) of subdivi- 48 sion two of section 530.20 of this article. 49 § 22. Section 530.40 of the criminal procedure law is REPEALED and a 50 new section 530.40 is added to read as follows: 51 § 530.40 Order of recognizance or bail; by superior court when action is 52 pending therein. 53 When a criminal action is pending in a superior court, such court, 54 upon application of a defendant, must or may order recognizance or bail 55 as follows:A. 7034 15 1 1. When the defendant is charged with an offense or offenses of less 2 than felony grade only, the court must order recognizance or bail. 3 2. When the defendant is charged with a felony, the court may, in its 4 discretion, order recognizance or bail. In any such case in which an 5 indictment (a) has resulted from an order of a local criminal court 6 holding the defendant for the action of the grand jury, or (b) was filed 7 at a time when a felony complaint charging the same conduct was pending 8 in a local criminal court, and in which such local criminal court or a 9 superior court judge has issued an order of recognizance or bail which 10 is still effective, the superior court's order may be in the form of a 11 direction continuing the effectiveness of the previous order. 12 3. Notwithstanding the provisions of subdivision two of this section, 13 a superior court may not order recognizance or bail, or permit a defend- 14 ant to remain at liberty pursuant to an existing order, after the 15 defendant has been convicted of either: (a) a class A felony or (b) any 16 class B or class C felony as defined in article one hundred thirty of 17 the penal law committed or attempted to be committed by a person eigh- 18 teen years of age or older against a person less than eighteen years of 19 age. In either case the court must commit or remand the defendant to the 20 custody of the sheriff. 21 4. Notwithstanding the provisions of subdivision two of this section, 22 a superior court may not order recognizance or bail when the defendant 23 is charged with a felony unless and until the district attorney has had 24 an opportunity to be heard in the matter and such court has been 25 furnished with a report as described in subparagraph (ii) of paragraph 26 (b) of subdivision two of section 530.20 of this article. 27 § 23. Subdivision 1 of section 530.45 of the criminal procedure law, 28 as amended by section 19 of part JJJ of chapter 59 of the laws of 2019, 29 is amended to read as follows: 30 1. When the defendant is at liberty in the course of a criminal action 31 as a result of a prior order of recognizance[, release under non-mone-32tary conditions] or bail and the court revokes such order and then[,33where authorized,] either fixes no bail or fixes bail in a greater 34 amount or in a more burdensome form than was previously fixed and 35 remands or commits defendant to the custody of the sheriff, [or issues a36more restrictive securing order,] a judge designated in subdivision two 37 of this section, upon application of the defendant following conviction 38 of an offense other than a class A felony or a class B or class C felony 39 offense as defined in article one hundred thirty of the penal law 40 committed or attempted to be committed by a person eighteen years of age 41 or older against a person less than eighteen years of age, and before 42 sentencing, may issue a securing order and either release the defendant 43 on the defendant's own recognizance, [release the defendant under non-44monetary conditions,] or[, where authorized,] fix bail or fix bail in a 45 lesser amount or in a less burdensome form[, or issue a less restrictive46securing order,] than fixed by the court in which the conviction was 47 entered. 48 § 24. Subdivision 2-a of section 530.45 of the criminal procedure law 49 is REPEALED. 50 § 25. Section 530.50 of the criminal procedure law, as amended by 51 chapter 264 of the laws of 2003, subdivision 1 as designated and subdi- 52 vision 2 as added by section 10 of part UU of chapter 56 of the laws of 53 2020, and subdivision 3 as added by section 4 of subpart D of part UU of 54 chapter 56 of the laws of 2022, is amended to read as follows: 55 § 530.50 Order of recognizance or bail; during pendency of appeal.A. 7034 16 1 1. A judge who is otherwise authorized pursuant to section 460.50 or 2 section 460.60 of this chapter to issue an order of recognizance or bail 3 pending the determination of an appeal, may do so unless the defendant 4 received a class A felony sentence or a sentence for any class B or 5 class C felony offense defined in article one hundred thirty of the 6 penal law committed or attempted to be committed by a person eighteen 7 years of age or older against a person less than eighteen years of age. 8 2. [Notwithstanding the provisions of subdivision four of section9510.10, paragraph (b) of subdivision one of section 530.20 and subdivi-10sion four of section 530.40 of this title, when a defendant charged with11an offense that is not such a qualifying offense applies, pending deter-12mination of an appeal, for an order of recognizance or release on non-13monetary conditions, where authorized, or fixing bail, a judge identi-14fied in subdivision two of section 460.50 or paragraph (a) of15subdivision one of section 460.60 of this chapter may, in accordance16with law, and except as otherwise provided by law, issue a securing17order: releasing the defendant on the defendant's own recognizance or18under non-monetary conditions where authorized, fixing bail, or remand-19ing the defendant to the custody of the sheriff where authorized.203.] Where an appeal by the people has been taken from an order 21 dismissing one or more counts of an accusatory instrument for failure to 22 comply with a discovery order pursuant to subdivision twelve of section 23 450.20 of this chapter and the defendant is charged with a qualifying 24 offense in the remaining counts in the accusatory instrument, pending 25 determination of an appeal, the defendant may apply for an order of 26 recognizance or [release on non-monetary conditions, where authorized,27or] fixing bail. A judge identified in subdivision two of section 460.50 28 of this chapter or paragraph (a) of subdivision one of section 460.60 of 29 this chapter may, in accordance with law, and except as otherwise 30 provided by law, issue a securing order releasing the defendant on the 31 defendant's own recognizance [or under non-monetary conditions where32authorized], fixing bail, or remanding the defendant to the custody of 33 the sheriff where authorized. 34 § 26. Section 530.60 of the criminal procedure law, as amended by 35 section 20 of part JJJ of chapter 59 of the laws of 2019, is amended to 36 read as follows: 37 § 530.60 [Certain modifications of a securing order] Order of recogni- 38 zance or bail; revocation thereof. 39 1. Whenever in the course of a criminal action or proceeding a defend- 40 ant is at liberty as a result of an order of recognizance[, release41under non-monetary conditions] or bail issued pursuant to this chapter, 42 and the court considers it necessary to review such order, [whether due43to a motion by the people or otherwise,] the court may, and [except as44provided in subdivision two of section 510.50 of this title concerning a45failure to appear in court,] by a bench warrant if necessary, require 46 the defendant to appear before the court. Upon such appearance, the 47 court, for good cause shown, may revoke the order of recognizance[,48release under non-monetary conditions,] or bail. If the defendant is 49 entitled to recognizance[, release under non-monetary conditions,] or 50 bail as a matter of right, the court must issue another such order. If 51 the defendant is not, the court may either issue such an order or commit 52 the defendant to the custody of the sheriff in accordance with this 53 section. 54 Where the defendant is committed to the custody of the sheriff and is 55 held on a felony complaint, a new period as provided in section 180.80A. 7034 17 1 of this chapter shall commence to run from the time of the defendant's 2 commitment under this subdivision. 3 2. (a) Whenever in the course of a criminal action or proceeding a 4 defendant charged with the commission of a felony is at liberty as a 5 result of an order of recognizance, [release under non-monetary condi-6tions] or bail issued pursuant to this article it shall be grounds for 7 revoking such order that the court finds reasonable cause to believe the 8 defendant committed one or more specified class A or violent felony 9 offenses or intimidated a victim or witness in violation of section 10 215.15, 215.16 or 215.17 of the penal law while at liberty. 11 [(b) Except as provided in paragraph (a) of this subdivision or any12other law, whenever in the course of a criminal action or proceeding a13defendant charged with the commission of an offense is at liberty as a14result of an order of recognizance, release under non-monetary condi-15tions or bail issued pursuant to this article it shall be grounds for16revoking such order and fixing bail in such criminal action or proceed-17ing when the court has found, by clear and convincing evidence, that the18defendant:19(i) persistently and willfully failed to appear after notice of sched-20uled appearances in the case before the court; or21(ii) violated an order of protection in the manner prohibited by22subdivision (b), (c) or (d) of section 215.51 of the penal law while at23liberty; or24(iii) stands charged in such criminal action or proceeding with a25misdemeanor or violation and, after being so charged, intimidated a26victim or witness in violation of section 215.15, 215.16 or 215.17 of27the penal law or tampered with a witness in violation of section 215.11,28215.12 or 215.13 of the penal law, law while at liberty; or29(iv) stands charged in such action or proceeding with a felony and,30after being so charged, committed a felony while at liberty.31(c)] Before revoking an order of recognizance[, release under non-mon-32etary conditions,] or bail pursuant to this subdivision, the court must 33 hold a hearing and shall receive any relevant, admissible evidence not 34 legally privileged. The defendant may cross-examine witnesses and may 35 present relevant, admissible evidence on his own behalf. Such hearing 36 may be consolidated with, and conducted at the same time as, a felony 37 hearing conducted pursuant to article one hundred eighty of this chap- 38 ter. A transcript of testimony taken before the grand jury upon presen- 39 tation of the subsequent offense shall be admissible as evidence during 40 the hearing. The district attorney may move to introduce grand jury 41 testimony of a witness in lieu of that witness' appearance at the hear- 42 ing. 43 [(d)] (b) Revocation of an order of recognizance[, release under non-44monetary conditions] or bail and [a new securing order fixing bail or] 45 commitment[, as specified in this paragraph and] pursuant to this subdi- 46 vision shall be for the following periods, either: 47 [(i) Under paragraph (a) of this subdivision, revocation of the order48of recognizance, release under non-monetary conditions or, as the case49may be, bail, and a new securing order fixing bail or committing the50defendant to the custody of the sheriff shall be as follows:51(A)] (i) For a period not to exceed ninety days exclusive of any peri- 52 ods of adjournment requested by the defendant; or 53 [(B)] (ii) Until the charges contained within the accusatory instru- 54 ment have been reduced or dismissed such that no count remains which 55 charges the defendant with commission of a felony; orA. 7034 18 1 [(C)] (iii) Until reduction or dismissal of the charges contained 2 within the accusatory instrument charging the subsequent offense such 3 that no count remains which charges the defendant with commission of a 4 class A or violent felony offense. 5 Upon expiration of any of the three periods specified within this 6 [subparagraph] paragraph, whichever is shortest, the court may grant or 7 deny release upon an order of bail or recognizance in accordance with 8 the provisions of this article. Upon conviction to an offense the 9 provisions of this article [five hundred thirty of this chapter] shall 10 apply[; and11(ii) Under paragraph (b) of this subdivision, revocation of the order12of recognizance, release under non-monetary conditions or, as the case13may be, bail shall result in the issuance of a new securing order which14may, if otherwise authorized by law, permit the principal's release on15recognizance or release under non-monetary conditions, but shall also16render the defendant eligible for an order fixing bail provided, howev-17er, that in accordance with the principles in this title the court must18select the least restrictive alternative and condition or conditions19that will reasonably assure the principal's return to court. Nothing in20this subparagraph shall be interpreted as shortening the period of21detention, or requiring or authorizing any less restrictive form of a22securing order, which may be imposed pursuant to any other law]. 23 [(e)] (c) Notwithstanding the provisions of paragraph (a) [or (b)] of 24 this subdivision a defendant, against whom a felony complaint has been 25 filed which charges the defendant with commission of a class A or 26 violent felony offense [or violation of section 215.15, 215.16 or 215.1727of the penal law] committed while he or she was at liberty as specified 28 therein, may be committed to the custody of the sheriff pending a revo- 29 cation hearing for a period not to exceed seventy-two hours. An addi- 30 tional period not to exceed seventy-two hours may be granted by the 31 court upon application of the district attorney upon a showing of good 32 cause or where the failure to commence the hearing was due to the 33 defendant's request or occurred with his or her consent. Such good cause 34 must consist of some compelling fact or circumstance which precluded 35 conducting the hearing within the initial prescribed period. 36 § 27. Paragraph (a) of subdivision 9 of section 216.05 of the criminal 37 procedure law, as amended by chapter 435 of the laws of 2021, is amended 38 to read as follows: 39 (a) If at any time during the defendant's participation in the judi- 40 cial diversion program, the court has reasonable grounds to believe that 41 the defendant has violated a release condition [in an important respect] 42 or has [willfully] failed to appear before the court as requested, the 43 court [except as provided in subdivision two of section 510.50 of this44chapter regarding a failure to appear,] shall direct the defendant to 45 appear or issue a bench warrant to a police officer or an appropriate 46 peace officer directing him or her to take the defendant into custody 47 and bring the defendant before the court without unnecessary delay; 48 provided, however, that under no circumstances shall a defendant who 49 requires treatment for opioid use be deemed to have violated a release 50 condition on the basis of his or her participation in medically 51 prescribed drug treatments under the care of a health care professional 52 licensed or certified under title eight of the education law, acting 53 within his or her lawful scope of practice. The [relevant] provisions of 54 subdivision one of section 530.60 of this chapter relating to [issuance55of securing orders] revocation of recognizance or bail shall apply to 56 such proceedings under this subdivision.A. 7034 19 1 § 28. Section 410.60 of the criminal procedure law, as amended by 2 section 23 of part JJJ of chapter 59 of the laws of 2019, is amended to 3 read as follows: 4 § 410.60 Appearance before court. 5 A person who has been taken into custody pursuant to section 410.40 or 6 [section] 410.50 of this article for violation of a condition of a 7 sentence of probation or a sentence of conditional discharge must forth- 8 with be brought before the court that imposed the sentence. Where a 9 violation of probation petition and report has been filed and the person 10 has not been taken into custody nor has a warrant been issued, an 11 initial court appearance shall occur within ten business days of the 12 court's issuance of a notice to appear. If the court has reasonable 13 cause to believe that such person has violated a condition of the 14 sentence, it may commit such person to the custody of the sheriff[,] or 15 fix bail[, release such person under non-monetary conditions] or release 16 such person on such person's own recognizance for future appearance at a 17 hearing to be held in accordance with section 410.70 of this article. If 18 the court does not have reasonable cause to believe that such person has 19 violated a condition of the sentence, it must direct that such person be 20 released. 21 § 29. Subdivision 3 of section 620.50 of the criminal procedure law, 22 as amended by section 24 of part JJJ of chapter 59 of the laws of 2019, 23 is amended to read as follows: 24 3. A material witness order must be executed as follows: 25 (a) If the bail is posted and approved by the court, the witness must, 26 as provided in subdivision [two] three of section 510.40 of this part, 27 be released and be permitted to remain at liberty; provided that, where 28 the bail is posted by a person other than the witness himself or 29 herself, he or she may not be so released except upon his or her signed 30 written consent thereto; 31 (b) If the bail is not posted, or if though posted it is not approved 32 by the court, the witness must, as provided in subdivision [two] three 33 of section 510.40 of this part, be committed to the custody of the sher- 34 iff. 35 § 30. Article 245 of the criminal procedure law is REPEALED. 36 § 31. The criminal procedure law is amended by adding a new article 37 240 to read as follows: 38 ARTICLE 240 39 DISCOVERY 40 Section 240.10 Definition of terms. 41 240.20 Upon demand of defendant. 42 240.30 Upon demand of prosecutor. 43 240.35 Refusal of demand. 44 240.40 Upon court order. 45 240.43 Disclosure of prior uncharged criminal, vicious or immor- 46 al acts. 47 240.44 Upon pre-trial hearing. 48 240.45 Upon trial, of prior statements and criminal history of 49 witnesses. 50 240.50 Protective orders. 51 240.60 Continuing duty to disclose. 52 240.70 Sanctions; fees. 53 240.75 Certain violations. 54 240.80 When demand, refusal and compliance made. 55 240.90 Motion procedure.A. 7034 20 1 § 240.10 Definition of terms. The following definitions are applicable 2 to this article: 3 1. "Demand to produce" means a written notice served by and on a 4 party to a criminal action, without leave of the court, demanding to 5 inspect property pursuant to this article and giving reasonable notice 6 of the time at which the demanding party wishes to inspect the property 7 designated. 8 2. "Attorneys' work product" means property to the extent that it 9 contains the opinions, theories or conclusions of the prosecutor, 10 defense counsel or members of their legal staffs. 11 3. "Property" means any existing tangible personal or real property, 12 including, but not limited to, books, records, reports, memoranda, 13 papers, photographs, tapes or other electronic recordings, articles of 14 clothing, fingerprints, blood samples, fingernail scrapings or 15 handwriting specimens, but excluding attorneys' work product. 16 4. "At the trial" means as part of the people's or the defendant's 17 direct case. 18 § 240.20 Upon demand of defendant. 19 1. Except to the extent protected by court order, upon a demand to 20 produce by a defendant against whom an indictment, superior court 21 information, prosecutor's information, information, or simplified 22 information charging a misdemeanor is pending, the prosecutor shall 23 disclose to the defendant and make available for inspection, 24 photographing, copying or testing, the following property: 25 (a) Any written, recorded or oral statement of the defendant, and of 26 a co-defendant to be tried jointly, made, other than in the course of 27 the criminal transaction, to a public servant engaged in law enforcement 28 activity or to a person then acting under his direction or in 29 cooperation with him or her; 30 (b) Any transcript of testimony relating to the criminal action or 31 proceeding pending against the defendant, given by the defendant, or by 32 a co-defendant to be tried jointly, before any grand jury; 33 (c) Any written report or document, or portion thereof, concerning a 34 physical or mental examination, or scientific test or experiment, 35 relating to the criminal action or proceeding which was made by, or at 36 the request or direction of a public servant engaged in law enforcement 37 activity, or which was made by a person whom the prosecutor intends to 38 call as a witness at trial, or which the people intend to introduce at 39 trial; 40 (d) Any photograph or drawing relating to the criminal action or 41 proceeding which was made or completed by a public servant engaged in 42 law enforcement activity, or which was made by a person whom the 43 prosecutor intends to call as a witness at trial, or which the people 44 intend to introduce at trial; 45 (e) Any photograph, photocopy or other reproduction made by or at the 46 direction of a police officer, peace officer or prosecutor of any 47 property prior to its release pursuant to the provisions of section 48 450.10 of the penal law, irrespective of whether the people intend to 49 introduce at trial the property or the photograph, photocopy or other 50 reproduction; 51 (f) Any other property obtained from the defendant, or a co-defendant 52 to be tried jointly; 53 (g) Any tapes or other electronic recordings which the prosecutor 54 intends to introduce at trial, irrespective of whether such recording 55 was made during the course of the criminal transaction;A. 7034 21 1 (h) Anything required to be disclosed, prior to trial, to the 2 defendant by the prosecutor, pursuant to the constitution of this state 3 or of the United States; 4 (i) The approximate date, time and place of the offense charged and of 5 defendant's arrest; 6 (j) In any prosecution under section 156.05 or 156.10 of the penal 7 law, the time, place and manner of notice given pursuant to subdivi- 8 sion six of section 156.00 of such law; and 9 (k) In any prosecution commenced in a manner set forth in this 10 subdivision alleging a violation of the vehicle and traffic law, in 11 addition to any material required to be disclosed pursuant to this 12 article, any other provision of law, or the constitution of this state 13 or of the United States, any written report or document, or portion 14 thereof, concerning a physical examination, a scientific test or 15 experiment, including the most recent record of inspection, or 16 calibration or repair of machines or instruments utilized to perform 17 such scientific tests or experiments and the certification certificate, 18 if any, held by the operator of the machine or instrument, which tests 19 or examinations were made by or at the request or direction of a public 20 servant engaged in law enforcement activity or which was made by a 21 person whom the prosecutor intends to call as a witness at trial, or 22 which the people intend to introduce at trial. 23 2. The prosecutor shall make a diligent, good faith effort to 24 ascertain the existence of demanded property and to cause such property 25 to be made available for discovery where it exists but is not within the 26 prosecutor's possession, custody or control; provided, that the 27 prosecutor shall not be required to obtain by subpoena duces tecum 28 demanded material which the defendant may thereby obtain. 29 § 240.30 Upon demand of prosecutor. 30 1. Except to the extent protected by court order, upon a demand to 31 produce by the prosecutor, a defendant against whom an indictment, 32 superior court information, prosecutor's information, information, or 33 simplified information charging a misdemeanor is pending shall disclose 34 and make available for inspection, photographing, copying or testing, 35 subject to constitutional limitations: 36 (a) any written report or document, or portion thereof, concerning a 37 physical or mental examination, or scientific test, experiment, or 38 comparisons, made by or at the request or direction of, the defendant, 39 if the defendant intends to introduce such report or document at trial, 40 or if the defendant has filed a notice of intent to proffer psychiatric 41 evidence and such report or document relates thereto, or if such report 42 or document was made by a person, other than defendant, whom defendant 43 intends to call as a witness at trial; and 44 (b) any photograph, drawing, tape or other electronic recording which 45 the defendant intends to introduce at trial. 46 2. The defense shall make a diligent good faith effort to make such 47 property available for discovery where it exists but the property is not 48 within its possession, custody or control, provided, that the defendant 49 shall not be required to obtain by subpoena duces tecum demanded 50 material that the prosecutor may thereby obtain. 51 § 240.35 Refusal of demand. 52 Notwithstanding the provisions of sections 240.20 and 240.30 of this 53 article, the prosecutor or the defendant, as the case may be, may refuse 54 to disclose any information which he or she reasonably believes is not 55 discoverable by a demand to produce, pursuant to section 240.20 or 56 240.30 of this article as the case may be, or for which he or sheA. 7034 22 1 reasonably believes a protective order would be warranted. Such refusal 2 shall be made in a writing, which shall set forth the grounds of such 3 belief as fully as possible, consistent with the objective of the 4 refusal. The writing shall be served upon the demanding party and a copy 5 shall be filed with the court. 6 § 240.40 Upon court order. 7 Notwithstanding the provisions of sections 240.20 and 240.30 of 8 this article, the prosecutor or the defendant, as the case may be, may 9 refuse to disclose any information which he or she reasonably believes 10 is not discoverable by a demand to produce, pursuant to section 240.20 11 or 240.30 of this article as the case may be, or for which he or she 12 reasonably believes a protective order would be warranted. Such refusal 13 shall be made in a writing, which shall set forth the grounds of such 14 belief as fully as possible, consistent with the objective of the 15 refusal. The writing shall be served upon the demanding party and a 16 copy shall be filed with the court. 17 § 240.43 Disclosure of prior uncharged criminal, vicious or immoral 18 acts. 19 1. Upon motion of a defendant against whom an indictment, superior 20 court information, prosecutor's information, information, or simplified 21 information charging a misdemeanor is pending, the court in which such 22 accusatory instrument is pending: (a) must order discovery as to any 23 material not disclosed upon a demand pursuant to section 240.20 24 of this article, if it finds that the prosecutor's refusal to disclose 25 such material is not justified; (b) must, unless it is satisfied that 26 the people have shown good cause why such an order should not be 27 issued, order discovery or any other order authorized by subdivision 28 one of section 240.70 of this article as to any material not disclosed 29 upon demand pursuant to section 240.20 of this article where the prose- 30 cutor has failed to serve a timely written refusal pursuant to 31 section 240.35 of this article; (c) may order discovery with respect to 32 any other property, which the people intend to introduce at the trial, 33 upon a showing by the defendant that discovery with respect to such 34 property is material to the preparation of his or her defense, and 35 that the request is reasonable; and (d) where property in the people's 36 possession, custody, or control that consists of a deoxyribonu- 37 cleic acid ("DNA") profile obtained from probative biological material 38 gathered in connection with the investigation or prosecution of the 39 defendant and the defendant establishes that such profile complies with 40 federal bureau of investigation or state requirements, whichever are 41 applicable and as such requirements are applied to law enforcement 42 agencies seeking a keyboard search or similar comparison, and that the 43 data meets state DNA index system or national DNA index system criteria 44 as such criteria are applied to law enforcement agencies seeking such a 45 keyboard search or similar comparison, the court may order an entity 46 that has access to the combined DNA index system or its successor system 47 to compare such DNA profile against DNA databanks by keyboard searches, 48 or a similar method that does not involve uploading, upon notice to both 49 parties and the entity required to perform the search, upon a showing by 50 the defendant that such a comparison is material to the presentation of 51 his or her defense and that the request is reasonable. For purposes of 52 this paragraph, a "keyboard search" shall mean a search of a DNA profile 53 against the databank in which the profile that is searched is not 54 uploaded to or maintained in the databank. Upon granting the motion 55 pursuant to paragraph (c) of this subdivision, the court shall, upon 56 motion of the people showing such to be material to the preparation ofA. 7034 23 1 their case and that the request is reasonable, condition its order of 2 discovery by further directing discovery by the people of property, of 3 the same kind or character as that authorized to be inspected by the 4 defendant, which he or she intends to introduce at the trial. 5 2. Upon motion of the prosecutor, and subject to constitutional 6 limitation, the court in which an indictment, superior court 7 information, prosecutor's information, information, or simplified 8 information charging a misdemeanor is pending: (a) must order discovery 9 as to any property not disclosed upon a demand pursuant to section 10 240.30 of this article, if it finds that the defendant's refusal 11 to disclose such material is not justified; and (b) may order the 12 defendant to provide non-testimonial evidence. Such order may, 13 among other things, require the defendant to: 14 (i) Appear in a line-up; 15 (ii) Speak for identification by witness or potential witness; 16 (iii) Be fingerprinted; 17 (iv) Pose for photographs not involving reenactment of an event; 18 (v) Permit the taking of samples of blood, hair or other materials 19 from his or her body in a manner not involving an unreasonable 20 intrusion thereof or a risk of serious physical injury thereto; 21 (vi) Provide specimens of his or her handwriting; 22 (vii) Submit to a reasonable physical or medical inspection of his 23 or her body. 24 This subdivision shall not be construed to limit, expand, or otherwise 25 affect the issuance of a similar court order, as may be authorized by 26 law, before the filing of an accusatory instrument consistent with such 27 rights as the defendant may derive from the constitution of this state 28 or of the United States. This section shall not be construed to limit or 29 otherwise affect the administration of a chemical test where other- 30 wise authorized pursuant to section one thousand one hundred ninety- 31 four-a of the vehicle and traffic law. 32 3. An order pursuant to this section may be denied, limited or 33 conditioned as provided in section 240.50 of this article. 34 § 240.44 Upon pre-trial hearing. 35 Subject to a protective order, at a pre-trial hearing held in a 36 criminal court at which a witness is called to testify, each party, 37 prior to the commencement of the direct examination of each of its 38 witnesses, shall, upon request of the other party, make available to 39 that party to the extent not previously disclosed: 40 1. Any written or recorded statement, including any testimony before a 41 grand jury, made by such witness other than the defendant which relates 42 to the subject matter of the witness's testimony. 43 2. A record of a judgment of conviction of such witness other than the 44 defendant if the record of conviction is known by the prosecutor or 45 defendant, as the case may be, to exist. 46 3. The existence of any pending criminal action against such witness 47 other than the defendant if the pending criminal action is known by the 48 prosecutor or defendant, as the case may be, to exist. 49 § 240.45 Upon trial, of prior statements and criminal history of 50 witnesses. 51 1. After the jury has been sworn and before the prosecutor's opening 52 address, or in the case of a single judge trial after commencement and 53 before submission of evidence, the prosecutor shall, subject to a 54 protective order, make available to the defendant: 55 (a) Any written or recorded statement, including any testimony before 56 a grand jury and an examination videotaped pursuant to section 190.32 ofA. 7034 24 1 this part, made by a person whom the prosecutor intends to call as a 2 witness at trial, and which relates to the subject matter of the 3 witness's testimony; 4 (b) A record of judgment of conviction of a witness the people intend 5 to call at trial if the record of conviction is known by the prosecutor 6 to exist; 7 (c) The existence of any pending criminal action against a witness 8 the people intend to call at trial, if the pending criminal action is 9 known by the prosecutor to exist. 10 The provisions of paragraphs (b) and (c) of this subdivision shall not 11 be construed to require the prosecutor to fingerprint a witness or 12 otherwise cause the division of criminal justice services or other law 13 enforcement agency or court to issue a report concerning a witness. 14 2. After presentation of the people's direct case and before the 15 presentation of the defendant's direct case, the defendant shall, 16 subject to a protective order, make available to the prosecutor: 17 (a) any written or recorded statement made by a person other than the 18 defendant whom the defendant intends to call as a witness at the trial, 19 and which relates to the subject matter of the witness's testimony; 20 (b) a record of judgment of conviction of a witness, other than the 21 defendant, the defendant intends to call at trial if the record of 22 conviction is known by the defendant to exist; 23 (c) the existence of any pending criminal action against a witness, 24 other than the defendant, the defendant intends to call at trial, if the 25 pending criminal action is known by the defendant to exist. 26 § 240.50 Protective orders. 27 1. The court in which the criminal action is pending may, upon motion 28 of either party, or of any affected person, or upon determination of a 29 motion of either party for an order of discovery, or upon its own 30 initiative, issue a protective order denying, limiting, conditioning, 31 delaying or regulating discovery pursuant to this article for good 32 cause, including constitutional limitations, danger to the integrity of 33 physical evidence or a substantial risk of physical harm, intimidation, 34 economic reprisal, bribery or unjustified annoyance or embarrassment to 35 any person or an adverse effect upon the legitimate needs of law 36 enforcement, including the protection of the confidentiality of 37 informants, or any other factor or set of factors which outweighs the 38 usefulness of the discovery. 39 2. An order limiting, conditioning, delaying or regulating discovery 40 may, among other things, require that any material copied or derived 41 therefrom be maintained in the exclusive possession of the attorney for 42 the discovering party and be used for the exclusive purpose of preparing 43 for the defense or prosecution of the criminal action. 44 3. A motion for a protective order shall suspend discovery of the 45 particular matter in dispute. 46 4. Notwithstanding any other provision of this article, the personal 47 residence address of a police officer or correction officer shall not be 48 required to be disclosed except pursuant to an order issued by a court 49 following a finding of good cause. 50 § 240.60 Continuing duty to disclose. 51 If, after complying with the provisions of this article or an order 52 pursuant thereto, a party finds, either before or during trial, 53 additional material subject to discovery or covered by such order, he 54 or she shall promptly comply with the demand or order, refuse to 55 comply with the demand where refusal is authorized, or apply for a 56 protective order.A. 7034 25 1 § 240.70 Sanctions; fees. 2 1. If, during the course of discovery proceedings, the court finds 3 that a party has failed to comply with any of the provisions of this 4 article, the court may order such party to permit discovery of the prop- 5 erty not previously disclosed, grant a continuance, issue a protective 6 order, prohibit the introduction of certain evidence or the calling of 7 certain witnesses or take any other appropriate action. 8 2. The failure of the prosecution to call as a witness a person speci- 9 fied in subdivision one of section 240.20 of this article or of any 10 party to introduce disclosed material at the trial shall not, by itself, 11 constitute grounds for any sanction or for adverse comment thereupon by 12 any party in summation to the jury or at any other point. 13 3. A fee for copies of records required to be disclosed may be 14 charged. Such fee shall not exceed twenty-five cents per photocopy not 15 in excess of nine inches by fourteen inches, or the actual cost of 16 reproducing any other record, except when a different fee is otherwise 17 prescribed by law. 18 § 240.75 Certain violations. 19 The failure of the prosecutor or any agent of the prosecutor to 20 disclose statements that are required to be disclosed under subdivision 21 one of section 240.44 of this article or paragraph (a) of subdivision 22 one of section 240.45 of this article shall not constitute grounds for 23 any court to order a new pre-trial hearing or set aside a 24 conviction, or reverse, modify or vacate a judgment of conviction in the 25 absence of a showing by the defendant that there is a reasonable 26 possibility that the non-disclosure materially contributed to the 27 result of the trial or other proceeding; provided, however, that nothing 28 in this section shall affect or limit any right the defendant 29 may have to a re-opened pre-trial hearing when such statements were 30 disclosed before the close of evidence at trial. 31 § 240.80 When demand, refusal and compliance made. 32 1. A demand to produce shall be made within thirty days after 33 arraignment and before the commencement of trial. If the defendant is 34 not represented by counsel, and has requested an adjournment to obtain 35 counsel or to have counsel assigned, the thirty-day period shall 36 commence, for purposes of a demand by the defendant, on the date counsel 37 initially appears on his or her behalf. However, the court may 38 direct compliance with a demand to produce that, for good cause shown, 39 could not have been made within the time specified. 40 2. A refusal to comply with a demand to produce shall be made within 41 fifteen days of the service of the demand to produce, but for good cause 42 may be made thereafter. 43 3. Absent a refusal to comply with a demand to produce, compliance 44 with such demand shall be made within fifteen days of the service of the 45 demand or as soon thereafter as practicable. 46 § 240.90 Motion procedure. 47 1. A motion by a prosecutor for discovery shall be made within 48 forty-five days after arraignment, but for good cause shown may be made 49 at any time before commencement of trial. 50 2. A motion by a defendant for discovery shall be made as prescribed 51 in section 255.20 of this title. 52 3. Where the interests of justice so require, the court may permit a 53 party to a motion for an order of discovery or a protective order, or 54 other affected person, to submit papers or to testify ex parte or in 55 camera. Any such papers and transcript of such testimony shall be 56 sealed, but shall constitute a part of the record on appeal.A. 7034 26 1 § 32. Subdivision 9 of section 65.20 of the criminal procedure law, as 2 amended by section 4 of part LLL of chapter 59 of the laws of 2019, is 3 amended to read as follows: 4 9. (a) Prior to the commencement of the hearing conducted pursuant to 5 subdivision six of this section, the district attorney shall, subject to 6 a protective order, comply with the provisions of subdivision one of 7 section [245.20] 240.45 of this chapter as they concern any witness whom 8 the district attorney intends to call at the hearing and the child 9 witness. 10 (b) Before a defendant calls a witness at such hearing, he or she 11 must, subject to a protective order, comply with the provisions of 12 subdivision [four] two of section [245.20] 240.45 of this chapter as 13 they concern all the witnesses the defendant intends to call at such 14 hearing. 15 § 33. Subdivision 5 of section 200.95 of the criminal procedure law, 16 as amended by section 5 of part LLL of chapter 59 of the laws of 2019, 17 is amended to read as follows: 18 5. Court ordered bill of particulars. Where a prosecutor has timely 19 served a written refusal pursuant to subdivision four of this section 20 and upon motion, made in writing, of a defendant, who has made a request 21 for a bill of particulars and whose request has not been complied with 22 in whole or in part, the court must, to the extent a protective order is 23 not warranted, order the prosecutor to comply with the request if it is 24 satisfied that the items of factual information requested are authorized 25 to be included in a bill of particulars, and that such information is 26 necessary to enable the defendant adequately to prepare or conduct his 27 or her defense and, if the request was untimely, a finding of good cause 28 for the delay. Where a prosecutor has not timely served a written 29 refusal pursuant to subdivision four of this section the court must, 30 unless it is satisfied that the people have shown good cause why such an 31 order should not be issued, issue an order requiring the prosecutor to 32 comply or providing for any other order authorized by [section 245.80 of33this part] subdivision one of section 240.70 of this part. 34 § 34. Paragraph (c) of subdivision 1 of section 255.10 of the criminal 35 procedure law, as amended by section 6 of part LLL of chapter 59 of the 36 laws of 2019, is amended to read as follows: 37 (c) granting discovery pursuant to article [245]two hundred forty; or 38 § 35. Subdivision 1 of section 255.20 of the criminal procedure law, 39 as amended by section 7 of part LLL of chapter 59 of the laws of 2019, 40 is amended to read as follows: 41 1. Except as otherwise expressly provided by law, whether the defend- 42 ant is represented by counsel or elects to proceed pro se, all pre-trial 43 motions shall be served or filed within forty-five days after arraign- 44 ment and before commencement of trial, or within such additional time as 45 the court may fix upon application of the defendant made prior to entry 46 of judgment. In an action in which [either (a) material or information47has been disclosed pursuant to paragraph (m) or (n) of subdivision one48of section 245.20 of this title, (b)] an eavesdropping warrant and 49 application have been furnished pursuant to section 700.70 of this chap- 50 ter, or [(c)] a notice of intention to introduce evidence has been 51 served pursuant to section 710.30 of this chapter, such period shall be 52 extended until forty-five days after the last date of such service. If 53 the defendant is not represented by counsel and has requested an 54 adjournment to obtain counsel or to have counsel assigned, such forty- 55 five day period shall commence on the date counsel initially appears on 56 defendant's behalf.A. 7034 27 1 § 36. Section 340.30 of the criminal procedure law, as amended by 2 section 8 of part LLL of chapter 59 of the laws of 2019, is amended to 3 read as follows: 4 § 340.30 Pre-trial discovery and notices of defenses. 5 The provisions of article two hundred [forty-five] forty of this part, 6 concerning pre-trial discovery by a defendant under indictment in a 7 superior court, and article two hundred fifty of this part, concerning 8 pre-trial notice to the people by a defendant under indictment in a 9 superior court who intends to advance a trial defense of mental disease 10 or defect or of alibi, apply to a prosecution of an information in a 11 local criminal court. 12 § 37. Subdivision 14 of section 400.27 of the criminal procedure law, 13 as amended by section 9 of part LLL of chapter 59 of the laws of 2019, 14 is amended to read as follows: 15 14. (a) At a reasonable time prior to the sentencing proceeding or a 16 [mental retardation] competency hearing: 17 (i) the prosecutor shall, unless previously disclosed and subject to a 18 protective order, make available to the defendant the statements and 19 information specified in subdivision one of section [245.20] 240.45 of 20 this part and make available for inspection, photographing, copying or 21 testing the property specified in subdivision one of section [245.20] 22 240.20 of this part; and 23 (ii) the defendant shall, unless previously disclosed and subject to a 24 protective order, make available to the prosecution the statements and 25 information specified in subdivision [four] two of section [245.20] 26 240.20 of this part and make available for inspection, photographing, 27 copying or testing, subject to constitutional limitations, the reports, 28 documents and other property specified in [section 245.20] subdivision 29 one of section 240.30 of this part. 30 (b) Where a party refuses to make disclosure pursuant to this section, 31 the provisions of [section 245.70, 245.75 and/or 245.80] sections 32 240.35, 240.40 and 240.50 of this part shall apply. 33 (c) If, after complying with the provisions of this section or an 34 order pursuant thereto, a party finds either before or during a sentenc- 35 ing proceeding or [mental retardation] competency hearing, additional 36 material subject to discovery or covered by court order, the party shall 37 promptly make disclosure or apply for a protective order. 38 (d) If the court finds that a party has failed to comply with any of 39 the provisions of this section, the court may [employ] enter any of the 40 [remedies or sanctions] orders specified in subdivision one of section 41 [245.80] 240.70 of this part. 42 § 38. The opening paragraph of paragraph (b) of subdivision 1 of 43 section 440.30 of the criminal procedure law, as amended by section 10 44 of part LLL of chapter 59 of the laws of 2019, is amended to read as 45 follows: 46 In conjunction with the filing or consideration of a motion to vacate 47 a judgment pursuant to section 440.10 of this article by a defendant 48 convicted after a trial, in cases where the court has ordered an eviden- 49 tiary hearing upon such motion, the court may order that the people 50 produce or make available for inspection property, as defined in subdi- 51 vision three of section 240.10 of this part, in its possession, custody, 52 or control that was secured in connection with the investigation or 53 prosecution of the defendant upon credible allegations by the defendant 54 and a finding by the court that such property, if obtained, would be 55 probative to the determination of defendant's actual innocence, and that 56 the request is reasonable. The court shall deny or limit such a requestA. 7034 28 1 upon a finding that such a request, if granted, would threaten the 2 integrity or chain of custody of property or the integrity of the proc- 3 esses or functions of a laboratory conducting DNA testing, pose a risk 4 of harm, intimidation, embarrassment, reprisal, or other substantially 5 negative consequences to any person, undermine the proper functions of 6 law enforcement including the confidentiality of informants, or on the 7 basis of any other factor identified by the court in the interests of 8 justice or public safety. The court shall further ensure that any prop- 9 erty produced pursuant to this paragraph is subject to a protective 10 order, where appropriate. The court shall deny any request made pursuant 11 to this paragraph where: 12 § 39. Subdivision 3 of section 610.20 of the criminal procedure law, 13 as amended by section 3 of part LLL of chapter 59 of the laws of 2019, 14 is amended to read as follows: 15 3. An attorney for a defendant in a criminal action or proceeding, as 16 an officer of a criminal court, may issue a subpoena of such court, 17 subscribed by himself or herself, for the attendance in such court of 18 any witness whom the defendant is entitled to call in such action or 19 proceeding. An attorney for a defendant may not issue a subpoena duces 20 tecum of the court directed to any department, bureau or agency of the 21 state or of a political subdivision thereof, or to any officer or repre- 22 sentative thereof[, unless the subpoena is indorsed by the court and23provides at least three days for the production of the requested materi-24als. In the case of an emergency, the court may by order dispense with25the three-day production period]. Such a subpoena duces tecum may be 26 issued in behalf of a defendant upon order of a court pursuant to the 27 rules applicable to civil cases as provided in section twenty-three 28 hundred seven of the civil practice law and rules. 29 § 40. Subdivision 4 of section 610.20 of the criminal procedure law is 30 REPEALED. 31 § 41. Subdivision 10 of section 450.10 of the penal law, as amended by 32 section 11 of part LLL of chapter 59 of the laws of 2019, is amended to 33 read as follows: 34 10. Where there has been a failure to comply with the provisions of 35 this section, and where the district attorney does not demonstrate to 36 the satisfaction of the court that such failure has not caused the 37 defendant prejudice, the court shall instruct the jury that it may 38 consider such failure in determining the weight to be given such 39 evidence and may also impose any other sanction set forth in subdivision 40 one of section [245.80] 240.70 of the criminal procedure law; provided, 41 however, that unless the defendant has convinced the court that such 42 failure has caused him or her undue prejudice, the court shall not 43 preclude the district attorney from introducing into evidence the prop- 44 erty, photographs, photocopies, or other reproductions of the property 45 or, where appropriate, testimony concerning its value and condition, 46 where such evidence is otherwise properly authenticated and admissible 47 under the rules of evidence. Failure to comply with any one or more of 48 the provisions of this section shall not for that reason alone be 49 grounds for dismissal of the accusatory instrument. 50 § 42. Section 460.80 of the penal law, as amended by section 12 of 51 part LLL of chapter 59 of the laws of 2019, is amended to read as 52 follows: 53 § 460.80 Court ordered disclosure. 54 Notwithstanding the provisions of article two hundred [forty-five] 55 forty of the criminal procedure law, when forfeiture is sought pursuant 56 to section 460.30 of this article, the court may order discovery of anyA. 7034 29 1 property not otherwise disclosed which is material and reasonably neces- 2 sary for preparation by the defendant with respect to the forfeiture 3 proceeding pursuant to such section. The court may issue a protective 4 order denying, limiting, conditioning, delaying or regulating such 5 discovery where a danger to the integrity of physical evidence or a 6 substantial risk of physical harm, intimidation, economic reprisal, 7 bribery or unjustified annoyance or embarrassment to any person or an 8 adverse effect upon the legitimate needs of law enforcement, including 9 the protection of the confidentiality of informants, or any other factor 10 or set of factors outweighs the usefulness of the discovery. 11 § 43. Subdivision 5 of section 480.10 of the penal law, as amended by 12 section 13 of part LLL of chapter 59 of the laws of 2019, is amended to 13 read as follows: 14 5. In addition to information required to be disclosed pursuant to 15 article two hundred [forty-five] forty of the criminal procedure law, 16 when forfeiture is sought pursuant to this article, and following the 17 defendant's arraignment on the special forfeiture information, the court 18 shall order discovery of any information not otherwise disclosed which 19 is material and reasonably necessary for preparation by the defendant 20 with respect to a forfeiture proceeding brought pursuant to this arti- 21 cle. Such material shall include those portions of the grand jury 22 minutes and such other information which pertain solely to the special 23 forfeiture information and shall not include information which pertains 24 to the criminal charges. Upon application of the prosecutor, the court 25 may issue a protective order pursuant to section [245.70] 240.40 of the 26 criminal procedure law with respect to any information required to be 27 disclosed pursuant to this subdivision. 28 § 44. Subdivision 5 of section 216 of the judiciary law is REPEALED. 29 § 45. Section 837-u of the executive law is REPEALED. 30 § 46. This act shall take effect immediately; provided, however, that 31 the amendments to subdivision 9 of section 65.20 of the criminal proce- 32 dure law made by section thirty-two of this act shall not affect the 33 repeal of such section and shall be deemed repealed therewith.