Bill Text: NY S06500 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the timely scheduling of criminal trials.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2017-06-06 - REPORTED AND COMMITTED TO RULES [S06500 Detail]
Download: New_York-2017-S06500-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6500 2017-2018 Regular Sessions IN SENATE May 26, 2017 ___________ Introduced by Sens. SQUADRON, LANZA, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to the timely scheduling of criminal trials The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 30.30 of the criminal procedure law, as added by 2 chapter 184 of the laws of 1972, paragraph (a) of subdivision 3 as 3 amended by chapter 93 of the laws of 2006, paragraph (a) of subdivision 4 4 as amended by chapter 558 of the laws of 1982, paragraph (c) of subdi- 5 vision 4 as amended by chapter 631 of the laws of 1996, paragraph (h) of 6 subdivision 4 as added by chapter 837 of the laws of 1986, paragraph (i) 7 of subdivision 4 as added by chapter 446 of the laws of 1993, paragraph 8 (j) of subdivision 4 as added by chapter 222 of the laws of 1994, para- 9 graph (b) of subdivision 5 as amended by chapter 109 of the laws of 10 1982, paragraphs (e) and (f) of subdivision 5 as added by chapter 209 of 11 the laws of 1990, is amended to read as follows: 12 § 30.30 Speedy trial; time limitations. 13 1. Except as otherwise provided in subdivision [three] four of this 14 section, a motion made pursuant to paragraph (e) of subdivision one of 15 section 170.30 of this chapter or paragraph (g) of subdivision one of 16 section 210.20 of this chapter must be granted where the people are not 17 ready for trial within: 18 (a) six months of the commencement of a criminal action wherein a 19 defendant is accused of one or more offenses, at least one of which is a 20 felony; 21 (b) ninety days of the commencement of a criminal action wherein a 22 defendant is accused of one or more offenses, at least one of which is a 23 misdemeanor punishable by a sentence of imprisonment of more than three 24 months and none of which is a felony; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11887-01-7S. 6500 2 1 (c) sixty days of the commencement of a criminal action wherein the 2 defendant is accused of one or more offenses, at least one of which is a 3 misdemeanor punishable by a sentence of imprisonment of not more than 4 three months and none of which is a crime punishable by a sentence of 5 imprisonment of more than three months; 6 (d) thirty days of the commencement of a criminal action wherein the 7 defendant is accused of one or more offenses, at least one of which is a 8 violation or a vehicle and traffic law infraction and none of which is a 9 crime. 10 2. Except as provided in subdivision [three] four of this section, 11 where a defendant has been committed to the custody of the sheriff in a 12 criminal action he or she must be released on bail or on his or her own 13 recognizance, upon such conditions as may be just and reasonable, if the 14 people are not ready for trial in that criminal action within: 15 (a) ninety days from the commencement of his or her commitment to the 16 custody of the sheriff in a criminal action wherein the defendant is 17 accused of one or more offenses, at least one of which is a felony; 18 (b) thirty days from the commencement of his or her commitment to the 19 custody of the sheriff in a criminal action wherein the defendant is 20 accused of one or more offenses, at least one of which is a misdemeanor 21 punishable by a sentence of imprisonment of more than three months and 22 none of which is a felony; 23 (c) fifteen days from the commencement of his or her commitment to the 24 custody of the sheriff in a criminal action wherein the defendant is 25 accused of one or more offenses, at least one of which is a misdemeanor 26 punishable by a sentence of imprisonment of not more than three months 27 and none of which is a crime punishable by a sentence of imprisonment of 28 more than three months; 29 (d) five days from the commencement of his or her commitment to the 30 custody of the sheriff in a criminal action wherein the defendant is 31 accused of one or more offenses, at least one of which is a violation or 32 a vehicle and traffic law infraction and none of which is a crime. 33 3. Whenever pursuant to this section a prosecutor states or otherwise 34 provides notice that the people are ready for trial, the court shall 35 make inquiry on the record as to their actual readiness. If, after 36 conducting its inquiry, the court determines that the people are not 37 ready to proceed to trial, the prosecutor's statement or notice of read- 38 iness shall not be valid for purposes of this section. 39 3-a. Any statement of readiness filed by the people on a day not sche- 40 duled for trial or other proceeding shall be filed by affidavit. Any 41 exclusion when a statement of unreadiness has followed such affidavit 42 made by the people must be accompanied by supporting facts and approved 43 by the court. The court shall inquire on the record as to the reasons 44 for the people's unreadiness. 45 4. (a) Subdivisions one and two do not apply to a criminal action 46 wherein the defendant is accused of an offense defined in sections 47 125.10, 125.15, 125.20, 125.25, 125.26 and 125.27 of the penal law. 48 (b) A motion made pursuant to subdivisions one or two upon expiration 49 of the specified period may be denied where the people are not ready for 50 trial if the people were ready for trial prior to the expiration of the 51 specified period and their present unreadiness is due to some excep- 52 tional fact or circumstance, including, but not limited to, the sudden 53 unavailability of evidence material to the people's case, when the 54 district attorney has exercised due diligence to obtain such evidence 55 and there are reasonable grounds to believe that such evidence will 56 become available in a reasonable period.S. 6500 3 1 (c) A motion made pursuant to subdivision two of this section shall 2 not: 3 (i) apply to any defendant who is serving a term of imprisonment for 4 another offense; 5 (ii) require the release from custody of any defendant who is also 6 being held in custody pending trial of another criminal charge as to 7 which the applicable period has not yet elapsed; 8 (iii) prevent the redetention of or otherwise apply to any defendant 9 who, after being released from custody pursuant to this section or 10 otherwise, is charged with another crime or violates the conditions on 11 which he or she has been released, by failing to appear at a judicial 12 proceeding at which his or her presence is required or otherwise. 13 [4.] 5. In computing the time within which the people must be ready 14 for trial pursuant to subdivisions one and two of this section, the 15 following periods must be excluded: 16 (a) a reasonable period of delay resulting from other proceedings 17 concerning the defendant, including but not limited to: proceedings for 18 the determination of competency and the period during which defendant is 19 incompetent to stand trial; demand to produce; request for a bill of 20 particulars; pre-trial motions; appeals; trial of other charges; and the 21 period during which such matters are under consideration by the court; 22 or 23 (b) the period of delay resulting from a continuance granted by the 24 court at the request of, or with the consent of, the defendant or his or 25 her counsel. The court must grant such a continuance only if it is 26 satisfied that postponement is in the interest of justice, taking into 27 account the public interest in the prompt dispositions of criminal 28 charges. A defendant without counsel must not be deemed to have 29 consented to a continuance unless he or she has been advised by the 30 court of his or her rights under these rules and the effect of his or 31 her consent; or 32 (c) (i) the period of delay resulting from the absence or unavailabil- 33 ity of the defendant. A defendant must be considered absent whenever his 34 or her location is unknown and he or she is attempting to avoid appre- 35 hension or prosecution, or his or her location cannot be determined by 36 due diligence. A defendant must be considered unavailable whenever his 37 or her location is known but his or her presence for trial cannot be 38 obtained by due diligence; or 39 (ii) where the defendant has either escaped from custody or has failed 40 to appear when required after having previously been released on bail or 41 on his or her own recognizance, and provided the defendant is not in 42 custody on another matter, the period extending from the day the court 43 issues a bench warrant pursuant to section 530.70 of this chapter 44 because of the defendant's failure to appear in court when required, to 45 the day the defendant subsequently appears in the court pursuant to a 46 bench warrant or voluntarily or otherwise; or 47 (d) a reasonable period of delay when the defendant is joined for 48 trial with a co-defendant as to whom the time for trial pursuant to this 49 section has not run and good cause is not shown for granting a sever- 50 ance; or 51 (e) the period of delay resulting from detention of the defendant in 52 another jurisdiction provided the district attorney is aware of such 53 detention and has been diligent and has made reasonable efforts to 54 obtain the presence of the defendant for trial; orS. 6500 4 1 (f) the period during which the defendant is without counsel through 2 no fault of the court; except when the defendant is proceeding as his or 3 her own attorney with the permission of the court; or 4 (g) other periods of delay occasioned by exceptional circumstances, 5 including but not limited to, the period of delay resulting from a 6 continuance granted at the request of a district attorney if (i) the 7 continuance is granted because of the unavailability of evidence materi- 8 al to the people's case, when the district attorney has exercised due 9 diligence to obtain such evidence and there are reasonable grounds to 10 believe that such evidence will become available in a reasonable period; 11 or (ii) the continuance is granted to allow the district attorney addi- 12 tional time to prepare the people's case and additional time is justi- 13 fied by the exceptional circumstances of the case. 14 (h) the period during which an action has been adjourned in contem- 15 plation of dismissal pursuant to sections 170.55, 170.56 and 215.10 of 16 this chapter[.]; or 17 (i) [The] the period prior to the defendant's actual appearance for 18 arraignment in a situation in which the defendant has been directed to 19 appear by the district attorney pursuant to subdivision three of section 20 120.20 or subdivision three of section 210.10[.] of this chapter; or 21 (j) the period during which a family offense is before a family court 22 until such time as an accusatory instrument or indictment is filed 23 against the defendant alleging a crime constituting a family offense, as 24 such term is defined in section 530.11 of this chapter. 25 6. At each court appearance date preceding the commencement of trial 26 in a criminal action, the court, whenever it is practicable to do so, 27 shall rule on whether the adjournment period immediately following such 28 court appearance date is to be included or excluded for the purposes of 29 computing the time within which the people must be ready for trial with- 30 in the meaning of this section; provided that such ruling shall not be 31 binding on a determination of a motion made pursuant to subdivision one 32 or two of this section. The court's ruling shall be noted in the court 33 file. 34 7. Where the people state not ready for trial and seek an adjournment 35 for a specific date, upon request of the defendant the court shall 36 adjourn the matter for the date requested by the people or a date not 37 more than ten days thereafter, unless doing so would not be in the 38 interest of justice. 39 8. Where the people and defendant state ready for trial on the record 40 in open court and the court is not able to accommodate commencement of 41 the trial immediately, the court shall not adjourn for a date later than 42 ten days thereafter, unless doing so would not be in the interest of 43 justice. 44 9. Where the people file a statement of trial readiness on a day not 45 scheduled for trial or other proceeding, upon request of the defendant 46 and with notice to the people, the court shall place the matter on the 47 court calendar within ten days of such request to schedule a date for 48 trial. 49 [5.] 10. For purposes of this section, (a) where the defendant is to 50 be tried following the withdrawal of the plea of guilty or is to be 51 retried following a mistrial, an order for a new trial or an appeal or 52 collateral attack, the criminal action and the commitment to the custody 53 of the sheriff, if any, must be deemed to have commenced on the date the 54 withdrawal of the plea of guilty or the date the order occasioning a 55 retrial becomes final;S. 6500 5 1 (b) where a defendant has been served with an appearance ticket, the 2 criminal action must be deemed to have commenced on the date the defend- 3 ant first appears in a local criminal court in response to the ticket; 4 (c) where a criminal action is commenced by the filing of a felony 5 complaint, and thereafter, in the course of the same criminal action 6 either the felony complaint is replaced with or converted to an informa- 7 tion, prosecutor's information or misdemeanor complaint pursuant to 8 article [180] one hundred eighty of this chapter or a prosecutor's 9 information is filed pursuant to section 190.70 of this chapter, the 10 period applicable for the purposes of subdivision one of this section 11 must be the period applicable to the charges in the new accusatory 12 instrument, calculated from the date of the filing of such new accusato- 13 ry instrument; provided, however, that when the aggregate of such period 14 and the period of time, excluding the periods provided in subdivision 15 [four] five of this section, already elapsed from the date of the filing 16 of the felony complaint to the date of the filing of the new accusatory 17 instrument exceeds six months, the period applicable to the charges in 18 the felony complaint must remain applicable and continue as if the new 19 accusatory instrument had not been filed; 20 (d) where a criminal action is commenced by the filing of a felony 21 complaint, and thereafter, in the course of the same criminal action 22 either the felony complaint is replaced with or converted to an informa- 23 tion, prosecutor's information or misdemeanor complaint pursuant to 24 article [180] one hundred eighty of this chapter or a prosecutor's 25 information is filed pursuant to section 190.70 of this chapter, the 26 period applicable for the purposes of subdivision two of this section 27 must be the period applicable to the charges in the new accusatory 28 instrument, calculated from the date of the filing of such new accusato- 29 ry instrument; provided, however, that when the aggregate of such period 30 and the period of time, excluding the periods provided in subdivision 31 [four] five of this section, already elapsed from the date of the filing 32 of the felony complaint to the date of the filing of the new accusatory 33 instrument exceeds ninety days, the period applicable to the charges in 34 the felony complaint must remain applicable and continue as if the new 35 accusatory instrument had not been filed. 36 (e) where a count of an indictment is reduced to charge only a misde- 37 meanor or petty offense and a reduced indictment or a prosecutor's 38 information is filed pursuant to subdivisions one-a and six of section 39 210.20 of this chapter, the period applicable for the purposes of subdi- 40 vision one of this section must be the period applicable to the charges 41 in the new accusatory instrument, calculated from the date of the filing 42 of such new accusatory instrument; provided, however, that when the 43 aggregate of such period and the period of time, excluding the periods 44 provided in subdivision [four] five of this section, already elapsed 45 from the date of the filing of the indictment to the date of the filing 46 of the new accusatory instrument exceeds six months, the period applica- 47 ble to the charges in the indictment must remain applicable and continue 48 as if the new accusatory instrument had not been filed; 49 (f) where a count of an indictment is reduced to charge only a misde- 50 meanor or petty offense and a reduced indictment or a prosecutor's 51 information is filed pursuant to subdivisions one-a and six of section 52 210.20 of this chapter, the period applicable for the purposes of subdi- 53 vision two of this section must be the period applicable to the charges 54 in the new accusatory instrument, calculated from the date of the filing 55 of such new accusatory instrument; provided, however, that when the 56 aggregate of such period and the period of time, excluding the periodsS. 6500 6 1 provided in subdivision [four] five of this section, already elapsed 2 from the date of the filing of the indictment to the date of the filing 3 of the new accusatory instrument exceeds ninety days, the period appli- 4 cable to the charges in the indictment must remain applicable and 5 continue as if the new accusatory instrument had not been filed. 6 [6.] 11. The procedural rules prescribed in subdivisions one through 7 seven of section 210.45 of this chapter with respect to a motion to 8 dismiss an indictment are also applicable to a motion made pursuant to 9 subdivision two of this section. 10 § 2. Subdivision 6 of section 180.85 of the criminal procedure law, as 11 added by chapter 518 of the laws of 2004, is amended to read as follows: 12 6. The period from the filing of a motion pursuant to this section 13 until entry of an order disposing of such motion shall not, by reason of 14 such motion, be considered a period of delay for purposes of subdivision 15 [four] five of section 30.30 of this chapter, nor shall such period, by 16 reason of such motion, be excluded in computing the time within which 17 the people must be ready for trial pursuant to such section 30.30. 18 § 3. This act shall take effect on the sixtieth day after it shall 19 have become a law.
