Bill Text: NY S02101 | 2019-2020 | General Assembly | Amended


Bill Title: Enacts the "bail elimination act of 2019"; creates provisions for pretrial detention.

Spectrum: Partisan Bill (Democrat 25-0)

Status: (Introduced) 2019-03-05 - PRINT NUMBER 2101A [S02101 Detail]

Download: New_York-2019-S02101-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         2101--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 22, 2019
                                       ___________
        Introduced by Sens. GIANARIS, BAILEY, BENJAMIN, BIAGGI, BRESLIN, COMRIE,
          HARCKHAM,  HOYLMAN,  JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MONTGOMERY,
          MYRIE, PARKER, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO  --
          read  twice  and  ordered printed, and when printed to be committed to
          the Committee on Codes -- committee discharged, bill amended,  ordered
          reprinted as amended and recommitted to said committee
        AN  ACT  to  amend  the criminal procedure law and the judiciary law, in
          relation to enacting the "bail elimination act of 2019"; and to repeal
          certain provisions of the criminal procedure law and the insurance law
          relating to the posting of bail
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "bail elimination act of 2019".
     3    § 2. Subdivisions 1, 2, 4, 5 and 6 of section 500.10 of  the  criminal
     4  procedure  law are amended and a new subdivision 3-a is added to read as
     5  follows:
     6    1. "Principal" means a defendant in a criminal action  or  proceeding,
     7  or  a person adjudged a material witness therein, or any other person so
     8  involved therein that [he] the principal may  by  law  be  compelled  to
     9  appear  before  a  court  for  the purpose of having such court exercise
    10  control over [his] the principal's person to secure  [his]  the  princi-
    11  pal's  future  attendance at the action or proceeding when required, and
    12  who in fact either is before the court for  such  purpose  or  has  been
    13  before it and been subjected to such control.
    14    2.  "Release  on  own  recognizance."  A court releases a principal on
    15  [his] the principal's own recognizance  when,  having  acquired  control
    16  over  [his] the principal's person, it permits [him] the principal to be
    17  at liberty during the pendency of  the  criminal  action  or  proceeding
    18  involved  upon  condition  that  [he]  the principal will appear thereat
    19  whenever [his] the principal's attendance may be required  and  will  at
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02933-02-9

        S. 2101--A                          2
     1  all  times  render  [himself]  the  principal amenable to the orders and
     2  processes of the court.
     3    3-a. "Release under non-monetary conditions." A court releases a prin-
     4  cipal under non-monetary conditions when, having acquired control over a
     5  person,  it  permits  the person to be at liberty during the pendency of
     6  the criminal action under conditions set by the court,  which  shall  be
     7  the  least  restrictive  that  will  reasonably  assure  the principal's
     8  appearance in court. Such conditions may include, among others, that the
     9  principal shall be in contact with a pretrial  services  agency  serving
    10  principals  in  that county; that the principal shall abide by specified
    11  restrictions on travel that are reasonably related to an actual risk  of
    12  intentional  flight  from  the  jurisdiction;  that  the principal shall
    13  refrain from possessing a firearm, destructive device or other dangerous
    14  weapon; that the  person  be  placed  in  pretrial  supervision  with  a
    15  pretrial  services agency serving principals in that county. A principal
    16  shall not be required to submit to mandatory drug testing as a condition
    17  of release under non-monetary conditions.
    18    4. "Commit to the custody of the sheriff." A court commits a principal
    19  to the custody of the sheriff when, having  acquired  control  over  his
    20  person,  it  orders  that  he  be confined in the custody of the sheriff
    21  [during the pendency of the  criminal  action  or  proceeding  involved]
    22  pending  the  outcome of a hearing as to whether the individual shall be
    23  ordered into pretrial detention as specified  in  article  five  hundred
    24  forty-five of this title.
    25    5.  "Securing order" means an order of a court [committing a principal
    26  to the custody of the sheriff, or fixing bail, or releasing him  on  his
    27  own  recognizance] that either releases a principal on personal recogni-
    28  zance, or releases the principal under non-monetary conditions, all with
    29  the direction that the  principal  return  to  court  for  future  court
    30  appearances and to be at all times amendable to the orders and processes
    31  of the court.
    32    6. ["Order of recognizance or bail" means a securing order releasing a
    33  principal  on his own recognizance or fixing bail] "Pretrial detention."
    34  A court may commit a principal to pretrial detention if, after a hearing
    35  and making such findings as specified in article five hundred forty-five
    36  of this title, a judge so orders detention.
    37    § 3. Subdivisions 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18  and  19
    38  of section 500.10 of the criminal procedure law are REPEALED, and subdi-
    39  vision 20 is renumbered subdivision 7.
    40    § 4. Section 510.10 of the criminal procedure law, as amended by chap-
    41  ter 459 of the laws of 1984, is amended to read as follows:
    42  §  510.10  Securing order; when required; alternatives available; stand-
    43             ard to be applied.
    44    1. When a principal, whose  future  court  attendance  at  a  criminal
    45  action  or  proceeding  is or may be required, initially comes under the
    46  control of a court, such  court  [must]  shall,  by  a  securing  order,
    47  [either  release  him on his own recognizance, fix bail or commit him to
    48  the custody of the sheriff] release the principal pending trial  on  the
    49  principal's  personal recognizance, unless the court finds on the record
    50  that release on recognizance will not reasonably assure the individual's
    51  court attendance. In such instances, the court will release the individ-
    52  ual under  non-monetary  conditions,  selecting  the  least  restrictive
    53  alternative  that  will  reasonably assure the principal's court attend-
    54  ance. The court will support its choice of alternative on the record.  A
    55  principal  shall  not  be  required  to  pay for any part of the cost of
    56  release under non-monetary conditions.

        S. 2101--A                          3
     1    2. Notwithstanding the provisions of subdivision one of this  section,
     2  in  cases  where  the  people  move for pretrial detention the court may
     3  commit the defendant to the custody of the sheriff or issue  a  securing
     4  order in accordance with article five hundred forty-five of this title.
     5    3.  When  a  securing  order is revoked or otherwise terminated in the
     6  course of an uncompleted action or proceeding but the principal's future
     7  court attendance still is or may be required and [he] the  principal  is
     8  still under the control of a court, a new securing order must be issued.
     9  When  the  court  revokes or otherwise terminates a [securing] any order
    10  which committed the principal to the custody of the sheriff,  the  court
    11  shall  give  written  notification  to the sheriff of such revocation or
    12  termination of [the securing] such order.
    13    § 5. Section 510.20 of the criminal procedure law is amended  to  read
    14  as follows:
    15  §  510.20    Application  for [recognizance or bail; making and determi-
    16               nation thereof in general] a change in securing order based
    17               on a material change of circumstances.
    18    1.  Upon any occasion when a court [is required to issue] has issued a
    19  securing order with respect to a principal, [or at any time when a prin-
    20  cipal is confined in the custody of the sheriff as a result of a  previ-
    21  ously issued securing order, he] the principal or the people may make an
    22  application for [recognizance or bail] a different securing order due to
    23  a material change of circumstances.
    24    2.    Upon  such  application,  the  principal  or  the people must be
    25  accorded an opportunity to be heard and to contend  that  [an  order  of
    26  recognizance  or bail] a different securing order must or should issue[,
    27  that the court should release him on his own  recognizance  rather  than
    28  fix  bail,  and that if bail is fixed it should be in a suggested amount
    29  and form] because, due  to  a  material  change  in  circumstances,  the
    30  current  order  is  either  too restrictive or not restrictive enough to
    31  reasonably ensure a defendant's appearance in  court.  The  court  shall
    32  select  the  least restrictive non-monetary condition or conditions that
    33  will reasonably assure the principal's court attendance.
    34    3. Where the people make an application for a different securing order
    35  on the basis of a violation of an existing  securing  order,  the  court
    36  shall consider the nature, willfulness, and seriousness of the violation
    37  and  shall select the least restrictive non-monetary condition or condi-
    38  tions that will reasonably assure the principal's court attendance.
    39    4. When any principal who was previously issued an  appearance  ticket
    40  pursuant  to  article  one hundred fifty of this chapter initially comes
    41  under the control of the court, appearing as required by the  appearance
    42  ticket,  and  whose  future  court  attendance  at  a criminal action or
    43  proceeding is or may be required, such court shall, by  securing  order,
    44  release the principal pending trial on the principal's personal recogni-
    45  zance.
    46    § 6. Section 510.30 of the criminal procedure law, subparagraph (v) of
    47  paragraph  (a) of subdivision 2 as amended by chapter 920 of the laws of
    48  1982, subparagraph (vi) of paragraph (a) of subdivision 2 as  renumbered
    49  by  chapter  447  of  the  laws of 1977, subparagraph (vii) as added and
    50  subparagraphs (viii) and (ix) of  paragraph  (a)  of  subdivision  2  as
    51  renumbered by section 1 of part D of chapter 491 of the laws of 2012 and
    52  subdivision 3 as added by chapter 788 of the laws of 1981, is amended to
    53  read as follows:
    54  § 510.30 Application for [recognizance or bail] securing order; rules of
    55               law and criteria controlling determination.

        S. 2101--A                          4
     1    [1. Determinations of applications for recognizance or bail are not in
     2  all  cases discretionary but are subject to rules, prescribed in article
     3  five hundred thirty and other provisions of  law  relating  to  specific
     4  kinds  of  criminal  actions and proceedings, providing (a) that in some
     5  circumstances  such  an  application must as a matter of law be granted,
     6  (b) that in others it must as a matter of law be denied and the  princi-
     7  pal committed to or retained in the custody of the sheriff, and (c) that
     8  in  others  the  granting  or  denial  thereof  is  a matter of judicial
     9  discretion.
    10    2. To the extent that the issuance of an order of recognizance or bail
    11  and the terms thereof are matters of discretion rather than of  law,  an
    12  application  is  determined  on  the  basis of the following factors and
    13  criteria:
    14    (a)] With respect to any principal, the court must consider  the  kind
    15  and  degree  of  control  or restriction that is necessary to secure his
    16  court attendance when required. In determining that  matter,  the  court
    17  must,  on  the  basis  of  available information, consider and take into
    18  account:
    19    [(i) The principal's character, reputation, habits and  mental  condi-
    20  tion;
    21    (ii) His employment and financial resources; and
    22    (iii)  His  family  ties and the length of his residence if any in the
    23  community; and
    24    (iv) His]
    25    1. Information about the principal that is relevant to  court  appear-
    26  ance, including, but not limited to, the principal's activities, history
    27  and community ties;
    28    2. If the principal is a defendant, the charges facing the principal;
    29    3. The principal's criminal record if any; [and
    30    (v) His] 4. The principal's record of previous adjudication as a juve-
    31  nile  delinquent,  as  retained  pursuant to section 354.2 of the family
    32  court act, or, of pending cases where fingerprints are retained pursuant
    33  to section 306.1 of such act, or a youthful offender, if any; [and
    34    (vi) His] 5. The principal's previous record if any in  responding  to
    35  court appearances when required or with respect to intentional flight to
    36  avoid criminal prosecution; [and
    37    (vii)]  6.  Where  the  principal  is  charged  with a crime or crimes
    38  against a member or members of the same family or household as that term
    39  is defined in subdivision one of  section  530.11  of  this  title,  the
    40  following factors:
    41    [(A)]  (i)  any  violation  by the principal of an order of protection
    42  issued by any court for the protection of a member  or  members  of  the
    43  same  family  or household as that term is defined in subdivision one of
    44  section 530.11 of this title, whether or not such order of protection is
    45  currently in effect; and
    46    [(B)] (ii) the principal's history of use or possession of a  firearm;
    47  [and
    48    (viii)]  7.  If  [he]  the principal is a defendant, the weight of the
    49  evidence against [him] the principal in the pending criminal action  and
    50  any  other factor indicating probability or improbability of conviction;
    51  or, in the case of an application for [bail or recognizance] a  securing
    52  order pending appeal, the merit or lack of merit of the appeal; [and
    53    (ix)]  8. If [he] the principal is a defendant, the sentence which may
    54  be or has been imposed upon conviction[.
    55    (b) Where the principal is a defendant-appellant in a  pending  appeal
    56  from  a judgment of conviction, the court must also consider the likeli-

        S. 2101--A                          5

     1  hood of ultimate reversal of the  judgment.  A  determination  that  the
     2  appeal  is palpably without merit alone justifies, but does not require,
     3  a denial of the application, regardless of any determination  made  with
     4  respect to the factors specified in paragraph (a).
     5    3.  When  bail  or recognizance is ordered, the court shall inform the
     6  principal, if he is a defendant charged with the commission of a felony,
     7  that the release is conditional and that the court may revoke the  order
     8  of  release  and  commit  the principal to the custody of the sheriff in
     9  accordance with the provisions of subdivision two of section  530.60  of
    10  this  chapter  if  he  commits a subsequent felony while at liberty upon
    11  such order.]; and
    12    9. If the principal is a defendant-appellant in a pending appeal  from
    13  a judgment of conviction, the court must also consider the likelihood of
    14  ultimate  reversal  of  the judgment. A determination that the appeal is
    15  palpably without merit alone justifies, but does not require,  a  denial
    16  of the application, regardless of any determination made with respect to
    17  the factors specified in this paragraph.
    18    §  7.  Section 510.40 of the criminal procedure law is amended to read
    19  as follows:
    20  § 510.40  [Application for recognizance or bail; determination  thereof,
    21               form  of securing order and execution thereof] Notification
    22               to principal by court of conditions of release  and  penal-
    23               ties for violations of release.
    24    1.    [An application for recognizance or bail must be determined by a
    25  securing order which either:
    26    (a)  Grants the application and releases  the  principal  on  his  own
    27  recognizance; or
    28    (b)  Grants the application and fixes bail; or
    29    (c)    Denies the application and commits the principal to, or retains
    30  him in, the custody of the sheriff.
    31    2.]  Upon ordering that a principal be released on [his]  the  princi-
    32  pal's  own  recognizance,  or released under non-monetary conditions the
    33  court must direct [him] the principal to appear in the  criminal  action
    34  or  proceeding involved whenever [his] the principal's attendance may be
    35  required and to [render himself] be at all times amenable to the  orders
    36  and  processes of the court.  If the principal is a defendant, the court
    37  shall also direct the defendant not to commit a crime while  at  liberty
    38  upon  the court's securing order. If such principal is in the custody of
    39  the sheriff [or at liberty upon bail] at the  time  of  the  order,  the
    40  court must direct that [he] the principal be discharged from such custo-
    41  dy [or, as the case may be, that his bail be exonerated].
    42    [3.    Upon the issuance of an order fixing bail, and upon the posting
    43  thereof, the court  must  examine  the  bail  to  determine  whether  it
    44  complies  with the order.  If it does, the court must, in the absence of
    45  some factor or circumstance which in law requires or  authorizes  disap-
    46  proval  thereof,  approve  the  bail  and  must  issue  a certificate of
    47  release, authorizing the principal to be at liberty, and, if  he  is  in
    48  the  custody  of  the  sheriff  at  the  time,  directing the sheriff to
    49  discharge him therefrom.  If the bail fixed is not  posted,  or  is  not
    50  approved  after being posted, the court must order that the principal be
    51  committed to the custody of the sheriff.]
    52    2. If the principal is released  under  non-monetary  conditions,  the
    53  court shall, in the document authorizing the principal's release, notify
    54  the principal of:
    55    (a)  any  of  the  conditions under which the principal is subject, in
    56  addition to the directions in subdivision one  of  this  section,  in  a

        S. 2101--A                          6
     1  manner sufficiently clear and specific to serve as a guide for the prin-
     2  cipal's conduct; and
     3    (b)  the  consequences  for violation of those conditions, which could
     4  include revoking of the securing order, setting of  a  more  restrictive
     5  securing  order,  or,  after  the  hearing  as specified in article five
     6  hundred forty-five of this title, pretrial detention.
     7    3. The court shall notify all principals released  under  non-monetary
     8  conditions  and  on  recognizance of all court appearances in advance by
     9  text message, telephone call, electronic mail, or first class mail.
    10    § 8. The criminal procedure law is amended by adding four new sections
    11  510.42, 510.44, 510.46 and 510.48 to read as follows:
    12  § 510.42 Court appearance reminders.
    13    The court shall notify all  principals  released  on  recognizance  or
    14  under  non-monetary conditions of all court appearances by text message,
    15  telephone call, electronic mail, or first  class  mail.  The  court  may
    16  partner  with the certified pretrial services agency or agencies in that
    17  county to provide such notifications.
    18  § 510.44 Pretrial service agencies.
    19    The office of court administration shall certify a  pretrial  services
    20  agency  or  agencies in each county to monitor principals released under
    21  conditions of non-monetary release. Such agency or agencies shall  be  a
    22  public  entity  under the supervision and control of a county or munici-
    23  pality or a non-profit entity under contract to the  county  or  munici-
    24  pality.  A  county  shall  be  authorized to enter in to a contract with
    25  another county or  municipality  in  the  state  to  monitor  principals
    26  released  under  conditions  of  non-monetary  release in its county but
    27  shall not contract with any private entity for such purposes. Any crite-
    28  ria, instrument, or tool used to determine a principal's eligibility for
    29  non-monetary conditions or to determine the condition or  conditions  to
    30  be  monitored  by  a pretrial services agency shall be made available to
    31  any person upon written or oral request. Pretrial service agencies shall
    32  be prohibited from denying services  to  any  principal  released  under
    33  conditions of non-monetary release.
    34  § 510.46. Pretrial risk assessment tool.
    35    1.  No  algorithmic  pretrial  risk assessment tool should be used for
    36  decisions that may result in detention or electronic monitoring and  may
    37  only recommend release or release with conditions.
    38    2.  Any questionnaire, instrument or tool used with a principal in the
    39  process of considering or determining the principal's  possible  release
    40  on  recognizance,  release  under non-monetary conditions or used with a
    41  principal in the process of considering or determining  a  condition  or
    42  conditions of release or monitoring by a pretrial services agency, shall
    43  be  promptly made available to the principal and the principal's counsel
    44  upon written request. Any such blank form questionnaire,  instrument  or
    45  tool  regularly used in the county for such purpose or a related purpose
    46  shall be made available to any person promptly upon request.
    47    3. Any such questionnaire, instrument or tool shall be:
    48    (a) free from discriminatory and disparate  impact  on  detention  and
    49  other outcomes based on age, race, creed, color, national origin, sexual
    50  orientation,  gender identity or expression, military status, sex, mari-
    51  tal status, disability, or any other constitutionally  protected  class,
    52  regarding the use thereof; and
    53    (b)  empirically  validated and regularly revalidated, with such vali-
    54  dation and revalidation studies and all underlying data, except personal
    55  identifying information  for  any  defendant,  publicly  available  upon
    56  request.

        S. 2101--A                          7
     1  § 510.48. Electronic monitoring.
     2    When  it  is shown pursuant to subdivision one of this section that no
     3  other realistic non-monetary condition or set of non-monetary conditions
     4  will suffice to reasonably assure the principal's return to  court,  the
     5  principal's  location may be monitored with an approved electronic moni-
     6  toring device, in accordance with this section. A principal shall not be
     7  required to pay for any part of the  cost  of  release  on  non-monetary
     8  conditions.
     9    1. Electronic monitoring of a principal's location may be ordered only
    10  if  the  court  finds,  after  notice, an opportunity to be heard and an
    11  individualized determination that is not based on a risk assessment tool
    12  and that is explained on the record or in writing,  that  the  defendant
    13  qualifies for electronic monitoring in accordance with subdivision twen-
    14  ty-one of section 500.10 of this title, and no other realistic non-mone-
    15  tary condition or set of non-monetary conditions will suffice to reason-
    16  ably assure a principal's return to court.
    17    (a)  the  specific  method of electronic monitoring of the principal's
    18  location must be approved by the court. It must be the least restrictive
    19  procedure and method that will reasonably assure the principal's  return
    20  to court, and unobtrusive to the greatest extent practicable.
    21    (b)  electronic  monitoring  of  the  location  of  a principal may be
    22  conducted only by a public entity under the supervision and control of a
    23  county or municipality or a non-profit  entity  under  contract  to  the
    24  county,  municipality  or the state.   A county or municipality shall be
    25  authorized to enter into a contract with another county or  municipality
    26  in  the  state  to  monitor  principals under non-monetary conditions of
    27  release in its county, but counties, municipalities and the state  shall
    28  not contract with any private for-profit entity for such purposes.
    29    (c) electronic monitoring of a principal location may be for a maximum
    30  period  of sixty days, and may be renewed for such period, after notice,
    31  an opportunity to be heard and a de novo,  individualized  determination
    32  in  accordance  with  this  subdivision, which shall be explained on the
    33  record or in writing. A defendant subject to electronic  location  moni-
    34  toring  under  this  subdivision shall be considered held or confined in
    35  custody for purposes of section 180.80 of  this  chapter  and  shall  be
    36  considered  committed  to  the  custody  of  the sheriff for purposes of
    37  sections 170.70 and 30.30 of this chapter, as applicable.
    38    2. Electronic monitoring orders shall be limited  to  individuals  who
    39  stand  charged in the case before the court or a pending case that is an
    40  offense that is a class A felony defined in the penal law  or  a  felony
    41  enumerated in section 70.02 of the penal law.
    42    §  9.  Section 510.50 of the criminal procedure law is amended to read
    43  as follows:
    44  § 510.50  Enforcement of securing order.
    45    When the attendance of a principal confined  in  the  custody  of  the
    46  sheriff  or  pursuant  to  a pretrial detention order is required at the
    47  criminal action or proceeding at a particular time and place, the  court
    48  may  compel  such  attendance by directing the sheriff to produce him or
    49  her at such time and place.  If the principal is at liberty on [his] the
    50  principal's own recognizance [or on bail, his]  or  non-monetary  condi-
    51  tions the principal's attendance may be achieved or compelled by various
    52  methods,  including  notification  and  the issuance of a bench warrant,
    53  prescribed by law in provisions governing such matters with  respect  to
    54  the particular kind of action or proceeding involved. Prior to issuing a
    55  bench  warrant,  the  court must provide the principal forty-eight hours

        S. 2101--A                          8
     1  advance notice that he or she is required to appear in court in order to
     2  give the principal the opportunity to appear voluntarily.
     3    § 10. Article 520 of the criminal procedure law is REPEALED.
     4    § 11. The article heading of article 530 of the criminal procedure law
     5  is amended to read as follows:
     6                       SECURING ORDERS [OF RECOGNIZANCE
     7               OR BAIL] WITH RESPECT TO DEFENDANTS IN CRIMINAL
     8              ACTIONS AND PROCEEDINGS--WHEN AND BY WHAT COURTS
     9                                 AUTHORIZED
    10    §  12. Section 530.10 of the criminal procedure law is amended to read
    11  as follows:
    12  § 530.10 [Order of recognizance or bail] Securing order; in general.
    13    Under circumstances prescribed in this article, a court, upon applica-
    14  tion of a defendant charged with or convicted of an offense, is required
    15  [or authorized to order bail or recognizance] to issue a securing  order
    16  for  the  release  or  prospective  release of such defendant during the
    17  pendency of either:
    18    1. A criminal action based upon such charge; or
    19    2. An appeal taken by the defendant from a judgment of conviction or a
    20  sentence or from an order of an intermediate appellate  court  affirming
    21  or modifying a judgment of conviction or a sentence.
    22    §  13.  Subdivision 4 of section 530.11 of the criminal procedure law,
    23  as added by chapter 186 of the laws of  1997,  is  amended  to  read  as
    24  follows:
    25    4.  When  a  person  is  arrested  for an alleged family offense or an
    26  alleged violation of an  order  of  protection  or  temporary  order  of
    27  protection  or  arrested  pursuant to a warrant issued by the supreme or
    28  family court, and the supreme or family court, as applicable, is not  in
    29  session,  such  person shall be brought before a local criminal court in
    30  the county of arrest or in the county in which such warrant  is  return-
    31  able  pursuant to article one hundred twenty of this chapter. Such local
    32  criminal court may issue any order authorized under  subdivision  eleven
    33  of  section  530.12 of this article, section one hundred fifty-four-d or
    34  one hundred fifty-five of the family court act or subdivision three-b of
    35  section two hundred forty or subdivision two-a of  section  two  hundred
    36  fifty-two  of  the  domestic  relations  law, in addition to discharging
    37  other arraignment responsibilities as set  forth  in  this  chapter.  In
    38  making  such  order,  the  local criminal court shall consider the [bail
    39  recommendation] securing order, if any, made by the  supreme  or  family
    40  court  as indicated on the warrant or certificate of warrant. Unless the
    41  petitioner or complainant requests otherwise, the court, in addition  to
    42  scheduling  further criminal proceedings, if any, regarding such alleged
    43  family offense or violation allegation, shall make such  matter  return-
    44  able in the supreme or family court, as applicable, on the next day such
    45  court is in session.
    46    § 14. Paragraph (a) of subdivision 8 of section 530.13 of the criminal
    47  procedure  law,  as added by chapter 388 of the laws of 1984, is amended
    48  to read as follows:
    49    (a) revoke [an order of recognizance or bail]  a  securing  order  and
    50  commit the defendant to custody; or
    51    §  15. The opening paragraph of subdivision 1 of section 530.13 of the
    52  criminal procedure law, as amended by chapter 137 of the laws  of  2007,
    53  is amended to read as follows:
    54    When  any  criminal  action is pending, and the court has not issued a
    55  temporary order of protection pursuant to section 530.12 of  this  arti-
    56  cle,  the  court,  in  addition to the other powers conferred upon it by

        S. 2101--A                          9
     1  this chapter, may for good  cause  shown  issue  a  temporary  order  of
     2  protection  in  conjunction  with  any  securing  order  [committing the
     3  defendant to the custody of the sheriff or as a condition of a pre-trial
     4  release,  or  as  a  condition  of  release on bail or an adjournment in
     5  contemplation of dismissal]. In addition to any other  conditions,  such
     6  an order may require that the defendant:
     7    §  16.  Subdivisions 9 and 11 of section 530.12 of the criminal proce-
     8  dure law, subdivision 9 as amended by section 81 of subpart B of part  C
     9  of  chapter 62 of the laws of 2011, subdivision 11 as amended by chapter
    10  498 of the laws of 1993, the opening  paragraph  of  subdivision  11  as
    11  amended by chapter 597 of the laws of 1998, paragraph (a) of subdivision
    12  11  as  amended  by chapter 222 of the laws of 1994 and paragraph (d) of
    13  subdivision 11 as amended by chapter  644  of  the  laws  of  1996,  are
    14  amended to read as follows:
    15    9.  If  no  warrant,  order  or temporary order of protection has been
    16  issued by the court, and an act  alleged  to  be  a  family  offense  as
    17  defined  in section 530.11 of this [chapter] article is the basis of the
    18  arrest, the magistrate shall permit the complainant to file a  petition,
    19  information  or  accusatory  instrument  and for reasonable cause shown,
    20  shall thereupon hold such respondent or defendant,  [admit  to,  fix  or
    21  accept  bail,] establish a securing order or parole him or her for hear-
    22  ing before the  family  court  or  appropriate  criminal  court  as  the
    23  complainant  shall  choose  in accordance with the provisions of section
    24  530.11 of this [chapter] article.
    25    11. If a defendant is brought before the court for failure to obey any
    26  lawful order issued under this section, or an order of protection issued
    27  by a court of competent jurisdiction in another  state,  territorial  or
    28  tribal  jurisdiction,  and  if, after hearing, the court is satisfied by
    29  competent proof that the defendant has willfully failed to obey any such
    30  order, the court may:
    31    (a) revoke [an order of recognizance or revoke an  order  of  bail  or
    32  order forfeiture of such bail] a securing order and commit the defendant
    33  to custody; or
    34    (b)  restore  the case to the calendar when there has been an adjourn-
    35  ment in contemplation of dismissal and commit the defendant to  custody;
    36  or
    37    (c)  revoke  a conditional discharge in accordance with section 410.70
    38  of this chapter and impose probation supervision or impose a sentence of
    39  imprisonment in accordance with the penal  law  based  on  the  original
    40  conviction; or
    41    (d) revoke probation in accordance with section 410.70 of this chapter
    42  and  impose  a sentence of imprisonment in accordance with the penal law
    43  based on the original conviction. In addition, if the act which  consti-
    44  tutes  the  violation  of  the order of protection or temporary order of
    45  protection is a crime or a violation the defendant may be  charged  with
    46  and tried for that crime or violation.
    47    §  17.  Section  530.20  of  the criminal procedure law, as amended by
    48  chapter 531 of the laws of 1975, subparagraph (ii) of paragraph  (b)  of
    49  subdivision  2 as amended by chapter 218 of the laws of 1979, is amended
    50  to read as follows:
    51  § 530.20 [Order of recognizance or bail;] Securing order by local crimi-
    52               nal court when action is pending therein.
    53    1. When a criminal action is pending in a local criminal  court,  such
    54  court,  upon application of a defendant, [must or may order recognizance
    55  or bail as follows:

        S. 2101--A                         10

     1    1. When the defendant is charged, by information, simplified  informa-
     2  tion, prosecutor's information or misdemeanor complaint, with an offense
     3  or  offenses of less than felony grade only, the court must order recog-
     4  nizance or bail.
     5    2.  When the defendant is charged, by felony complaint, with a felony,
     6  the court may, in its discretion, order recognizance or bail  except  as
     7  otherwise provided in this subdivision:
     8    (a) A city court, a town court or a village court may not order recog-
     9  nizance or bail when (i) the defendant is charged with a class A felony,
    10  or   (ii)  it  appears  that  the  defendant  has  two  previous  felony
    11  convictions;
    12    (b)] shall, by a securing order, release the defendant  pending  trial
    13  on  the defendant's personal recognizance, unless the court finds on the
    14  record that release on  recognizance  will  not  reasonably  assure  the
    15  defendant's  court attendance. In such instances, the court will release
    16  the  defendant  under  non-monetary  conditions,  selecting  the   least
    17  restrictive  alternative  that  will  reasonably  assure the defendant's
    18  court attendance. The court will support its choice  of  alternative  on
    19  the  record.  The defendant shall not be required to pay for any part of
    20  the cost of release under non-monetary conditions.
    21    2. Notwithstanding the provisions of subdivision one of this  section,
    22  in  cases  where  the  people move for pretrial detention, the court may
    23  commit the defendant to the custody of the sheriff or issue  a  securing
    24  order in accordance with article five hundred forty-five of this title.
    25    3.  Notwithstanding  the  provisions of subdivision one or two of this
    26  section, in cases where the defendant is  charged  by  felony  complaint
    27  with a felony and either is charged with a class A felony, or it appears
    28  that  the defendant has two previous felony convictions within the mean-
    29  ing of subdivision one of section 70.08 or 70.10 of the penal  law;  the
    30  court,  a  city  court,  town  court or a village court shall commit the
    31  defendant to the custody of the sheriff for the county or superior court
    32  to make a determination about a securing order within three days.
    33    4. No local criminal court may order [recognizance or bail] a securing
    34  order with respect to a defendant  charged  with  a  felony  unless  and
    35  until[:
    36    (i) The district attorney has been heard in the matter or, after know-
    37  ledge  or  notice  of  the  application and reasonable opportunity to be
    38  heard, has failed to appear at the proceeding or  has  otherwise  waived
    39  his right to do so; and
    40    (ii)  The]  the  court  [has],  and counsel for the defense, have been
    41  furnished with a report of the division  of  criminal  justice  services
    42  concerning  the  defendant's  criminal  record  if  any or with a police
    43  department report with respect  to  the  defendant's  prior  arrest  and
    44  conviction  record,  if  any. If neither report is available, the court,
    45  with the consent of  the  district  attorney,  may  dispense  with  this
    46  requirement;  provided, however, that in an emergency, including but not
    47  limited to a substantial impairment in the ability of such  division  or
    48  police  department to timely furnish such report, such consent shall not
    49  be required if, for reasons stated on the record,  the  court  deems  it
    50  unnecessary.  [When the court has been furnished with any such report or
    51  record, it shall furnish a copy thereof to counsel for the defendant or,
    52  if the defendant is not represented by counsel, to the defendant.]
    53    § 18. The section heading and subdivisions 1 and 2 of  section  530.30
    54  of  the  criminal procedure law, subdivision 2 as amended by chapter 762
    55  of the laws of 1971, are amended to read as follows:

        S. 2101--A                         11
     1    [Order of recognizance or bail;]  Securing  order  by  superior  court
     2  judge when action is pending in local criminal court.
     3    1.    When  a  criminal  action  is pending in a local criminal court,
     4  [other than one consisting of a superior court judge sitting as such,] a
     5  judge of a superior court holding a term thereof  in  the  county,  upon
     6  application  of  a  defendant,  and  within  one  working day, may order
     7  [recognizance or bail] a securing order when such local criminal court:
     8    (a)  Lacks authority to issue such an order,  pursuant  to  [paragraph
     9  (a) of] subdivision [two] four of section 530.20 of this article; or
    10    (b)  Has denied an application for recognizance [or bail]; or
    11    (c)   Has [fixed bail which is excessive] improperly granted a request
    12  for a pretrial detention hearing; or
    13    (d) Has set a securing order of release under non-monetary  conditions
    14  which  are  more  restrictive  than necessary to reasonably ensure court
    15  attendance. In such case, such superior court judge may vacate the order
    16  of such local criminal court and release  the  defendant  on  [his  own]
    17  recognizance  [or  fix  bail  in a lesser amount or in a less burdensome
    18  form] or under release with conditions, whichever is the least  restric-
    19  tive  alternative  that will reasonably assure defendant's appearance in
    20  court. The court will support its choice of alternative on the record.
    21    2. Notwithstanding the provisions of subdivision one of this  section,
    22  when the defendant is charged with a felony in a local criminal court, a
    23  superior court judge may not [order recognizance or bail] issue a secur-
    24  ing  order unless and until the district attorney has had an opportunity
    25  to be heard in the matter and such  judge  has  been  furnished  with  a
    26  report  as described in [subparagraph (ii) of paragraph (b) of] subdivi-
    27  sion [two] four of section 530.20 of this article.
    28    § 19. Section 530.40 of the criminal procedure law, subdivision  3  as
    29  amended  by chapter 264 of the laws of 2003 and subdivision 4 as amended
    30  by chapter 762 of the laws of 1971, is amended to read as follows:
    31  § 530.40 [Order of recognizance or bail;]  Securing  order  by  superior
    32             court when action is pending therein.
    33    When  a  criminal  action  is pending in a superior court, such court,
    34  upon application of a defendant, [must  or  may  order  recognizance  or
    35  bail] shall issue a securing order as follows:
    36    1.  [When the defendant is charged with an offense or offenses of less
    37  than felony grade only, the court must order recognizance or bail.
    38    2. When the defendant is charged with a felony, the court may, in  its
    39  discretion,  order  recognizance  or  bail. In any such case in which an
    40  indictment (a) has resulted from an order  of  a  local  criminal  court
    41  holding the defendant for the action of the grand jury, or (b) was filed
    42  at  a time when a felony complaint charging the same conduct was pending
    43  in a local criminal court, and in which such local criminal court  or  a
    44  superior  court  judge has issued an order of recognizance or bail which
    45  is still effective, the superior court's order may be in the form  of  a
    46  direction  continuing  the effectiveness of the previous order.] Release
    47  the defendant pending trail on the  defendant's  personal  recognizance,
    48  unless  the  court finds on the record that release on recognizance will
    49  not  reasonably  assure  the  defendant's  court  attendance.  In   such
    50  instances,  the  court  will  release  the  defendant under non-monetary
    51  conditions,  selecting  the  least  restrictive  alternative  that  will
    52  reasonably  assure  the  defendant's  court  attendance.  The court will
    53  support its choice of alternative on the record. The defendant shall not
    54  be required to pay for any part of the cost of release  under  non-mone-
    55  tary conditions.

        S. 2101--A                         12
     1    2.  Notwithstanding the provisions of subdivision one of this section,
     2  in cases where the people move for pretrial  detention,  the  court  may
     3  commit  the  defendant to the custody of the sheriff or issue a securing
     4  order in accordance with article five hundred forty-five of this title.
     5    3.  Notwithstanding  the  provisions  of subdivision [two] one of this
     6  section, a superior court may not [order recognizance or bail]  issue  a
     7  securing  order,  or permit a defendant to remain at liberty pursuant to
     8  an existing order, after  [he]  the  defendant  has  been  convicted  of
     9  either:  (a)  a  class  A  felony  or  (b) any class B or class C felony
    10  defined in article one hundred thirty of  the  penal  law  committed  or
    11  attempted  to  be  committed  by a person eighteen years of age or older
    12  against a person less than eighteen years of age.  In  either  case  the
    13  court must commit or remand the defendant to the custody of the sheriff.
    14    4.  Notwithstanding  the  provisions  of subdivision [two] one of this
    15  section, a superior court may not [order recognizance or bail]  issue  a
    16  securing  order  when  the defendant is charged with a felony unless and
    17  until the district attorney has had an opportunity to be  heard  in  the
    18  matter  and  such  court  [has]  and  counsel  for the defense have been
    19  furnished with a report as described in [subparagraph (ii) of  paragraph
    20  (b) of] subdivision [two] four of section 530.20 of this article.
    21    §  20.  Subdivision 1 of section 530.45 of the criminal procedure law,
    22  as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
    23  follows:
    24    1. When the defendant is at liberty in the course of a criminal action
    25  as  a  result  of a prior [order of recognizance or bail] securing order
    26  and the court revokes such order [and then either fixes no bail or fixes
    27  bail in a greater amount or in a more burdensome form than was previous-
    28  ly fixed and remands or commits defendant to the custody of the sheriff,
    29  a judge designated in subdivision two, upon application of the defendant
    30  following conviction of an offense other than a  class  A  felony  or  a
    31  class  B or class C felony offense defined in article one hundred thirty
    32  of the penal law committed or attempted to  be  committed  by  a  person
    33  eighteen years of age or older against a person less than eighteen years
    34  of  age,  and  before  sentencing, may issue a securing order and either
    35  release defendant on his own recognizance, or fix bail, or fix bail in a
    36  lesser amount or], such court may  issue  a  more  restrictive  securing
    37  order in a less [burdensome] restrictive form than fixed by the court in
    38  which the conviction was entered.
    39    § 21. Section 530.60 of the criminal procedure law is REPEALED.
    40    § 22. Title P of the criminal procedure law is amended by adding a new
    41  article 545 to read as follows:
    42                       ARTICLE 545--PRETRIAL DETENTION
    43  Section 545.10 Pretrial detention; when ordered.
    44          545.20 Eligibility for a pretrial detention hearing.
    45          545.30 Pretrial detention hearing.
    46          545.40 Order for pretrial detention.
    47          545.50 Review of detention orders.
    48          545.60 Length  of  detention for defendant held under a pretrial
    49                   detention order.
    50  § 545.10 Pretrial detention; when ordered.
    51    A county or superior court may order, before trial, the detention of a
    52  defendant if the people seek detention of the  defendant  under  section
    53  545.20  of this article, and, after a hearing pursuant to section 545.30
    54  of this article, the court finds clear and convincing evidence that  the
    55  defendant  poses  a  high  risk of intentional flight for the purpose of
    56  evading criminal prosecution and that no conditions  or  combination  of

        S. 2101--A                         13
     1  conditions  in  the  community  will  reasonably  assure the defendant's
     2  return to court. There shall be  a  rebuttable  presumption,  that  some
     3  condition  or conditions in the community will reasonably contain a high
     4  risk  of  flight.  That  presumption  may  only be overcome by clear and
     5  convincing evidence.
     6  § 545.20 Eligibility for a pretrial detention hearing.
     7    1. The people may make  a  motion  seeking  pretrial  detention  of  a
     8  defendant at any time, except that where the people did not so move when
     9  the defendant initially came under control of the court, the people must
    10  show  a  change of circumstances or that information exists that was not
    11  known to the people when the defendant initially came under  control  of
    12  the court. The people may seek the pretrial detention of a defendant:
    13    (a)  charged  with  a  class  A  felony  except  for  class A felonies
    14  contained in article two hundred twenty of the penal law;
    15    (b) charged with a class B or C violent felony under  subdivision  (a)
    16  or  (b)  of  section 70.02 of the penal law where there is an allegation
    17  that the defendant, with intent to  cause  serious  physical  injury  to
    18  another  person,  either caused such injury to such person or to a third
    19  person, or attempted to cause such injury to such person or to  a  third
    20  person;
    21    (c)  charged  with a class B or C violent felony under subdivision (a)
    22  or (b) of section 70.02 of the penal law for the offenses found in arti-
    23  cle one hundred thirty of the penal law;
    24    (d) charged with a felony  terrorism  offense  under  section  490.10,
    25  490.15, 490.30, 490.35, 490.37, 490.40, 490.45, 490.47, 490.50 or 490.55
    26  of the penal law;
    27    (e)  charged  with an offense where, if convicted, the defendant would
    28  be subject to a sentence under section 70.08 of the penal law;
    29    (f) charged with offenses involving witness intimidation under section
    30  215.15, 215.16, or 215.17 of the penal law; or
    31    (g) who has willfully and persistently failed to appear  in  court  in
    32  the instant case.
    33    2. If, upon such motion by the people, the court finds that the people
    34  have  shown  a  likelihood  of  success  on  their  motion  for pretrial
    35  detention, the court may order a hearing pursuant to section  545.30  of
    36  this article. Upon ordering a hearing pursuant to section 545.30 of this
    37  article,  the  court shall either commit the defendant to the custody of
    38  the sheriff or issue a securing order.    The  court  will  support  its
    39  choice of alternative on the record. If the defendant is at liberty, the
    40  court may issue a warrant and have the defendant brought into custody of
    41  the  sheriff,  except  that,  before  a bench warrant may be issued, the
    42  court must provide the defendant forty-eight hours advanced notice  that
    43  he  or  she  is  required  to  appear in court in order to give them the
    44  opportunity to appear voluntarily.
    45  § 545.30 Pretrial detention hearing.
    46    1. A hearing shall be held within two working days of the court order-
    47  ing a pretrial detention hearing. At the hearing,  the  defendant  shall
    48  have  the right to be represented by counsel, and, if financially unable
    49  to obtain counsel, to have counsel  assigned.  The  defendant  shall  be
    50  afforded  an opportunity to testify, to present witnesses, to cross-exa-
    51  mine witnesses who appear at the hearing, and to present information  by
    52  proffer or otherwise.
    53    2. Prior to the hearing, the prosecution shall disclose to the defend-
    54  ant,  and  permit the defendant to discover, inspect, copy or photograph
    55  all statements or reports that  relate  to  the  prosecution's  pretrial
    56  detention  motion  that are in the possession, custody or control of the

        S. 2101--A                         14
     1  prosecution, or persons under the prosecution's direction  and  control,
     2  including:
     3    (a) The complaint and supporting documents;
     4    (b) Police reports;
     5    (c)  All  statements, written or recorded or summarized in any writing
     6  or recording, and the substance of all  oral  statements,  made  by  the
     7  defendant or a co-defendant;
     8    (d)  All  statements, written or recorded or summarized in any writing
     9  or recording, made by persons whom the prosecutor knows to have evidence
    10  or information that relate to the subject matter of the case;
    11    (e) All statements or reports upon which the prosecution relies in the
    12  hearing; and
    13    (f) All facts, evidence, and information favorable to  the  defendant,
    14  including  but  not  limited  to  information  that  tends to negate the
    15  defendant's guilt or that tends to mitigate the defendant's  culpability
    16  as  to  a  charged offense, or that tends to support a potential defense
    17  thereto, or that tends to support  a  motion  to  suppress  evidence  on
    18  constitutional  or  statutory  grounds, or that would tend to reduce the
    19  punishment of the defendant, or that is relevant to a  witness's  credi-
    20  bility, without regard to the materiality of the information.
    21    3.  In  hearings in cases for which there is no indictment, the people
    22  shall establish probable cause that the eligible defendant committed the
    23  charged offense. The people  must  establish  by  clear  and  convincing
    24  evidence  that the defendant poses a high risk of intentional flight for
    25  the purpose of evading criminal prosecution and  that  no  condition  or
    26  combination  of  conditions  in the community will reasonably assure the
    27  defendant's return to court. The  prosecution  must  present  competent,
    28  reliable  evidence  and  may not rely on hearsay evidence to satisfy its
    29  burden.
    30    4. In determining whether the defendant presents a high risk of inten-
    31  tional flight for the purpose of evading criminal prosecution and wheth-
    32  er no condition or combination  of  conditions  in  the  community  will
    33  reasonably  assure  the  defendant's return to court, the court may take
    34  into account the following information:
    35    (a) The nature and circumstances of the charged offense;
    36    (b) The weight of the evidence against the defendant, except that  the
    37  court  may  consider  the  admissibility  of  any  evidence sought to be
    38  excluded;
    39    (c) The defendant's current and prior history of failure to appear  in
    40  court whether such failures to appear were willful; and
    41    (d) Whether, at the time of the current offense or arrest, the defend-
    42  ant was on probation, parole, or on release pending trial, sentencing or
    43  completion of a sentence in this state or other jurisdictions.
    44    5.  Nothing  in this section shall infringe upon the defendant's right
    45  to release pursuant to sections 170.70 and 180.80 of this chapter.
    46  § 545.40 Order for pretrial detention.
    47    In a pretrial detention order issued pursuant  to  section  545.10  of
    48  this article, the court shall:
    49    1.  Include  written  findings  of fact and a written statement of the
    50  reasons for the detention; and
    51    2. Direct that the eligible defendant be afforded reasonable  opportu-
    52  nity for private consultation with counsel.
    53  § 545.50 Review of detention orders.
    54    1.  Upon  any  occasion  when  the  principal  appears in court and is
    55  confined to the custody of the sheriff, a court:
    56    (a) may re-open a pretrial detention hearing on its own motion;

        S. 2101--A                         15
     1    (b) shall re-open a pretrial detention  hearing  upon  motion  of  the
     2  principal  when  the  principal  has been confined to the custody of the
     3  sheriff for at least sixty days on an indictment, or thirty  days  where
     4  no indictment is necessary; or
     5    (c) shall release the principal when both the principal and the people
     6  consent to release.
     7    2. A pretrial detention hearing may be re-opened, regardless of wheth-
     8  er  a pretrial detention order has been previously issued, upon a motion
     9  by the people or by the defendant, at any time before final disposition,
    10  if the court finds either a change of circumstances or that  information
    11  exists  that was not known to the people or to the defendant at the time
    12  of the hearing, that has a material bearing  on  the  issue  of  whether
    13  defendant  presents a high risk of intentional flight for the purpose of
    14  evading criminal prosecution, and whether no condition or combination of
    15  conditions in the  community  will  reasonably  assure  the  defendant's
    16  return  to  court.  In all cases where the principal is not detained and
    17  appears in court as required, or after receiving  a  notice  to  appear,
    18  there  shall be a presumption that the hearing will not be re-opened and
    19  that the principal shall remain at liberty under the  existing  securing
    20  order.
    21  § 545.60 Length  of  detention  for  defendant  held  under  a  pretrial
    22             detention order.
    23    1. Where a defendant has been committed to the custody of the  sheriff
    24  in  a  criminal action, the defendant must be released on his or her own
    25  recognizance or on non-monetary conditions of release if  the  defendant
    26  has not been brought to trial within:
    27    (a)  one  hundred  twenty  days from the defendant's arraignment on an
    28  indictment or  superior  court  information,  or  from  the  defendant's
    29  commitment to the custody of the sheriff, whichever is later, in a crim-
    30  inal action wherein the defendant is accused of one or more offenses, at
    31  least one of which is a felony;
    32    (b)  thirty days from the defendant's commitment to the custody of the
    33  sheriff in a criminal action wherein the defendant is accused of one  or
    34  more  offenses,  at  least one of which is a misdemeanor punishable by a
    35  sentence of imprisonment of more than three months and none of which  is
    36  a felony;
    37    (c) fifteen days from the defendant's commitment to the custody of the
    38  sheriff  in a criminal action wherein the defendant is accused of one or
    39  more offenses, at least one of which is a misdemeanor  punishable  by  a
    40  sentence of imprisonment of not more than three months and none of which
    41  is  a  crime punishable by a sentence of imprisonment of more than three
    42  months; or
    43    (d) five days from the defendant's commitment to the  custody  of  the
    44  sheriff  in a criminal action wherein the defendant is accused of one or
    45  more offenses, at least one of which is a violation or vehicle and traf-
    46  fic law infraction and none of which is a crime.
    47    2. The time within which a defendant must be brought to trial for  the
    48  purposes  of  paragraphs  (a) and (b) of subdivision one of this section
    49  may be extended upon a showing of exceptional circumstances, but  by  no
    50  more  than  two  periods  of up to twenty days each in a criminal action
    51  wherein the defendant is accused of one or more offenses, at  least  one
    52  of  which  is  a  felony,  or one period of up to ten days in a criminal
    53  action wherein the defendant is accused of  one  or  more  offenses,  at
    54  least  one  of which is a misdemeanor punishable by a sentence of impri-
    55  sonment of more than three months and none of  which  is  a  felony.  In
    56  computing the time within which a defendant must be brought to trial for

        S. 2101--A                         16
     1  the  purposes  of  this  subdivision,  the  following  periods  shall be
     2  excluded:
     3    (a) any period from the filing of the notice of appeal to the issuance
     4  of the mandate in an interlocutory appeal;
     5    (b)  any  period  attributable  to  any  examination  to determine the
     6  defendant's sanity or lack thereof or his  or  her  mental  or  physical
     7  competency to stand trial;
     8    (c)  any  period  attributable  to  the  inability of the defendant to
     9  participate in the defendant's defense because of mental incompetency or
    10  physical incapacity; and
    11    (d) any period in which the defendant  is  otherwise  unavailable  for
    12  trial.
    13    3.  If the defendant has not been brought to trial within the applica-
    14  ble time period established by this subdivision, the defendant shall  be
    15  released of his or her own recognizance or under non-monetary conditions
    16  of release pending trial, unless:
    17    (a) the trial is in progress;
    18    (b)  the  trial  has  been  delayed  by  the timely filing of motions,
    19  excluding motions for continuances; or
    20    (c) the trial has been delayed at the request of the defendant.
    21    § 23. Section 150.10 of the  criminal  procedure  law  is  amended  by
    22  adding a new subdivision 3 to read as follows:
    23    3.  Before  issuing  an  appearance  ticket  a police officer or other
    24  public servant must inform the arrestee  that  they  may  provide  their
    25  contact  information  for the purposes of receiving a court notification
    26  to remind them of their court appearance date from the court or a certi-
    27  fied pretrial services agency.  Such contact information may include one
    28  or more phone numbers, a residential address or  address  at  which  the
    29  arrestee  receives  mail,  or  an email address. The contact information
    30  shall be recorded and be transmitted to  the  local  criminal  court  as
    31  required by section 150.80 of this article.
    32    §  24.  Subdivision 1 of section 150.20 of the criminal procedure law,
    33  as amended by chapter 550 of the laws of 1987, is  amended  to  read  as
    34  follows:
    35    1.  (a)  Whenever  a  police officer is authorized pursuant to section
    36  140.10 of this title to arrest a person without a warrant for an offense
    37  other than a class A, B, C or D felony or a violation of section 130.25,
    38  130.40, 205.10, 205.17, 205.19 or 215.56 of  the  penal  law,  he  [may]
    39  shall,  except  as set out in paragraph (b) of this subdivision, subject
    40  to the provisions of subdivisions three and four of  section  150.40  of
    41  this  title,  instead  issue to and serve upon such person an appearance
    42  ticket.
    43    (b) An officer is not required to issue an appearance  ticket  if  the
    44  person:
    45    (i) has one or more outstanding local criminal court or superior court
    46  warrants;
    47    (ii) has failed to appear in court proceedings in the last two years;
    48    (iii) has been given a reasonable opportunity to make their verifiable
    49  identity and a method of contact known, and has been unable or unwilling
    50  to  do  so, so that a custodial arrest is necessary to subject the indi-
    51  vidual to the jurisdiction of the court;
    52    (iv) is charged with a crime or offense between members  of  the  same
    53  family  or household, as defined in subdivision one of section 530.11 of
    54  this chapter;
    55    (v) is charged with a crime or  offense  involving  sexual  misconduct
    56  under section 130.00 of the penal law;

        S. 2101--A                         17
     1    (vi)  should, in the officer's estimation, be brought before the court
     2  for consideration of issuance of an order  of  protection,  pursuant  to
     3  section  530.13  of  this  chapter,  based  on the facts of the crime or
     4  offense that the officer has reasonable cause to believe occurred;
     5    (vii) should, in the officer's estimation, be brought before the court
     6  for  consideration of court-ordered restrictions on operation of a motor
     7  vehicle, based on the facts of the crime or offense that the officer has
     8  reasonable cause to believe occurred.
     9    § 25. Section 150.30 of the criminal procedure law is REPEALED.
    10    § 26. Subdivision 1 of section 150.40 of the criminal procedure law is
    11  amended to read as follows:
    12    1. An appearance ticket must be made returnable at a date as  soon  as
    13  possible,  but in no event later than twenty days from the date of issu-
    14  ance. The appearance ticket shall be made returnable in a local criminal
    15  court designated in section 100.55 of this title as one  with  which  an
    16  information for the offense in question may be filed.
    17    §  27.  The  criminal procedure law is amended by adding a new section
    18  150.80 to read as follows:
    19  § 150.80 Court appearance reminders.
    20    1. A police officer or other public servant who has issued and  served
    21  an appearance ticket must, within twenty-four hours of issuance, file or
    22  cause  to  be  filed with the local criminal court the appearance ticket
    23  and any contact information made available pursuant to subdivision three
    24  of section 150.10 of this article.
    25    2. Upon receipt of the appearance ticket and any  contact  information
    26  made  available  pursuant to subdivision three of section 150.10 of this
    27  article, the local criminal court shall issue a court appearance remind-
    28  er and notify the arrestee of their court appearances by  text  message,
    29  telephone call, electronic mail, or first class mail. The local criminal
    30  court  may partner with a certified pretrial services agency or agencies
    31  in that county to provide such notification and shall include a copy  of
    32  the appearance ticket.
    33    3.  A local criminal court is not required to issue a court appearance
    34  reminder if the appearance ticket  requires  the  arrestee's  appearance
    35  within  seventy-two hours of its issuance, or no contact information has
    36  been provided.
    37    § 28. Article 68 of the insurance law is REPEALED.
    38    § 29. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
    39  procedure law, as amended by chapter 258 of the laws of 2015, is amended
    40  to read as follows:
    41    (a) If at any time during the defendant's participation in  the  judi-
    42  cial diversion program, the court has reasonable grounds to believe that
    43  the  defendant  has violated a release condition or has failed to appear
    44  before the court as requested, the court 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  abuse  or dependence be deemed to have
    50  violated a release condition on the basis of his or her participation in
    51  medically prescribed drug treatments under the care  of  a  health  care
    52  professional  licensed  or  certified under title eight of the education
    53  law, acting within his or her lawful scope of practice.  The  provisions
    54  of [subdivision one of] section [530.60] 545.50 of this chapter relating
    55  to  [revocation  of  recognizance  or  bail] issuance of securing orders
    56  shall apply to such proceedings under this subdivision.

        S. 2101--A                         18
     1    § 30. Subdivision 2 of section 620.40 of the criminal procedure law is
     2  amended to read as follows:
     3    2.  If  the  proceeding  is  adjourned  at  the  prospective  witness'
     4  instance, for the purpose of obtaining counsel or otherwise,  the  court
     5  must order him to appear upon the adjourned date.  The court may further
     6  [fix  bail] impose non-monetary conditions to secure his appearance upon
     7  such date or until the proceeding is completed [and, upon default there-
     8  of, may commit him to the custody of the sheriff for such period].
     9    § 31. Subdivisions 2 and 3 of section 620.50 of the criminal procedure
    10  law are amended to read as follows:
    11    2. If the court is satisfied after such hearing that there is  reason-
    12  able  cause to believe that the prospective witness (a) possesses infor-
    13  mation material to the pending action or proceeding, and (b) will not be
    14  amenable or respond to a subpoena at a time when his attendance will  be
    15  sought, it may issue a material witness order, adjudging [him] the indi-
    16  vidual  a material witness and [fixing bail to secure his] releasing the
    17  individual on the individual's own recognizance unless the  court  finds
    18  on  the  record  that release on recognizance will not reasonably assure
    19  the individual's court attendance.   In such instances  the  court  will
    20  release  the  individual  under  non-monetary  conditions, selecting the
    21  least restrictive alternative that will reasonably ensure  the  individ-
    22  ual's future attendance.
    23    3.  [A]  When  a  material  witness  order  [must  be] is executed [as
    24  follows:
    25    (a) If the bail is posted and approved],  if  non-monetary  conditions
    26  are  imposed by the court, the witness must[, as provided in subdivision
    27  three of section 510.40,] be released and  be  permitted  to  remain  at
    28  liberty[; provided that, where the bail is posted by a person other than
    29  the  witness  himself,  he may not be so released except upon his 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 three of
    33  section 510.40, be committed to the custody of the sheriff].
    34    § 32. Section 216 of the judiciary law is  amended  by  adding  a  new
    35  subdivision 5 to read as follows:
    36    5. The chief administrator of the courts shall collect data and report
    37  annually  regarding pretrial release and detention. Such data and report
    38  shall contain information categorized by gender, racial and ethnic back-
    39  ground, regarding the nature of the criminal  offenses,  the  number  of
    40  individuals released on recognizance, the number of individuals released
    41  on non-monetary conditions, including the conditions imposed, the number
    42  of individuals committed to the custody of a sheriff prior to trial, the
    43  rates  of  failure  to appear and rearrest, the outcome of such cases or
    44  dispositions, the length of the pretrial detention stay  and  any  other
    45  such  information  as  the  chief  administrator  may find necessary and
    46  appropriate.
    47    § 33. This act shall take effect November 1, 2020.
feedback