Bill Text: NY S07006 | 2017-2018 | General Assembly | Amended


Bill Title: Relates to time limits for a speedy trial.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2018-02-12 - PRINT NUMBER 7006B [S07006 Detail]

Download: New_York-2017-S07006-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         7006--B
                    IN SENATE
                                       (Prefiled)
                                     January 3, 2018
                                       ___________
        Introduced  by  Sens.  BAILEY,  ADDABBO,  ALCANTARA,  BRESLIN, CARLUCCI,
          COMRIE, RIVERA -- 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  commit-
          tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
          amended and recommitted to said committee
        AN ACT to amend the criminal procedure law, in relation to  time  limits
          for a speedy trial
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited as "Kalief's law".
     2    § 2. Section 30.30 of the criminal procedure law, as added by  chapter
     3  184  of  the  laws of 1972, paragraph (a) of subdivision 3 as amended by
     4  chapter 93 of the laws of  2006,  paragraph  (a)  of  subdivision  4  as
     5  amended by chapter 558 of the laws of 1982, paragraph (c) of subdivision
     6  4 as amended by chapter 631 of the laws of 1996, paragraph (h) of subdi-
     7  vision  4  as added by chapter 837 of the laws of 1986, paragraph (i) of
     8  subdivision 4 as added by chapter 446 of the laws of 1993, paragraph (j)
     9  of subdivision 4 as added by chapter 222 of the laws of 1994,  paragraph
    10  (b)  of  subdivision  5  as  amended by chapter 109 of the laws of 1982,
    11  paragraphs (e) and (f) of subdivision 5 as added by chapter 209  of  the
    12  laws of 1990, is amended to read as follows:
    13  § 30.30 Speedy trial; time limitations.
    14    1.  Except  as  otherwise provided in subdivision three, a motion made
    15  pursuant to paragraph (e) of subdivision one of section 170.30 or  para-
    16  graph (g) of subdivision one of section 210.20 must be granted where the
    17  people are not 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13377-03-8

        S. 7006--B                          2
     1  misdemeanor  punishable by a sentence of imprisonment of more than three
     2  months and none of which is a felony;
     3    (c)  sixty  days  of the commencement of a criminal action wherein the
     4  defendant is accused of one or more offenses, at least one of which is a
     5  misdemeanor punishable by a sentence of imprisonment of  not  more  than
     6  three  months  and  none of which is a crime punishable by a sentence of
     7  imprisonment of more than three months; or
     8    (d) thirty days of the commencement of a criminal action  wherein  the
     9  defendant is accused of one or more offenses, at least one of which is a
    10  violation and none of which is a crime.
    11    (e)  for  the  purposes  of  this  subdivision, the term offense shall
    12  include vehicle and traffic law infractions.
    13    2. Except as provided in subdivision three, where a defendant has been
    14  committed to the custody of the sheriff or the office  of  children  and
    15  family  services in a criminal action he or she must be released on bail
    16  or on his or her own recognizance, upon such conditions as may  be  just
    17  and  reasonable,  if the people are not ready for trial in that criminal
    18  action within:
    19    (a) ninety days from the commencement of his or her commitment to  the
    20  custody  of the sheriff or the office of children and family services in
    21  a criminal action wherein the  defendant  is  accused  of  one  or  more
    22  offenses, at least one of which is a felony;
    23    (b)  thirty days from the commencement of his or her commitment to the
    24  custody of the sheriff or the office of children and family services  in
    25  a  criminal  action  wherein  the  defendant  is  accused of one or more
    26  offenses, at least one  of  which  is  a  misdemeanor  punishable  by  a
    27  sentence  of imprisonment of more than three months and none of which is
    28  a felony;
    29    (c) fifteen days from the commencement of his or her commitment to the
    30  custody of the sheriff or the office of children and family services  in
    31  a  criminal  action  wherein  the  defendant  is  accused of one or more
    32  offenses, at least one  of  which  is  a  misdemeanor  punishable  by  a
    33  sentence of imprisonment of not more than three months and none of which
    34  is  a  crime punishable by a sentence of imprisonment of more than three
    35  months; or
    36    (d) five days from the commencement of his or her  commitment  to  the
    37  custody  of the sheriff or the office of children and family services in
    38  a criminal action wherein the  defendant  is  accused  of  one  or  more
    39  offenses,  at  least  one of which is a violation and none of which is a
    40  crime.
    41    (e) for the purposes of  this  subdivision,  the  term  offense  shall
    42  include vehicle and traffic law infractions.
    43    3.  (a)  Subdivisions  one  and  two do not apply to a criminal action
    44  wherein the defendant is accused  of  an  offense  defined  in  sections
    45  125.10, 125.15, 125.20, 125.25, 125.26 and 125.27 of the penal law.
    46    (b)  A motion made pursuant to subdivisions one or two upon expiration
    47  of the specified period may be denied where the people are not ready for
    48  trial if the people were ready for trial prior to the expiration of  the
    49  specified  period  and  their  present unreadiness is due to some excep-
    50  tional fact or circumstance, including, but not limited to,  the  sudden
    51  unavailability  of  evidence  material  to  the  people's case, when the
    52  district attorney has exercised due diligence to  obtain  such  evidence
    53  and  there  are  reasonable  grounds  to believe that such evidence will
    54  become available in a reasonable period.
    55    (c) A motion made pursuant to subdivision two shall not:

        S. 7006--B                          3
     1    (i) apply to any defendant who is serving a term of  imprisonment  for
     2  another offense;
     3    (ii)  require  the  release  from custody of any defendant who is also
     4  being held in custody pending trial of another  criminal  charge  as  to
     5  which the applicable period has not yet elapsed;
     6    (iii)  prevent  the redetention of or otherwise apply to any defendant
     7  who, after being released from  custody  pursuant  to  this  section  or
     8  otherwise,  is  charged with another crime or violates the conditions on
     9  which he has been released, by failing to appear at a judicial  proceed-
    10  ing at which his presence is required or otherwise.
    11    4.  In  computing  the  time within which the people must be ready for
    12  trial pursuant to subdivisions one and two, the following  periods  must
    13  be excluded:
    14    (a)  a  reasonable  period  of  delay resulting from other proceedings
    15  concerning the defendant, including but not limited to: proceedings  for
    16  the determination of competency and the period during which defendant is
    17  incompetent  to  stand  trial;  demand to produce; request for a bill of
    18  particulars; pre-trial motions; appeals; trial of other charges; and the
    19  period during which such matters are under consideration by  the  court;
    20  or
    21    (b)  the  period  of delay resulting from a continuance granted by the
    22  court at the request of, or with the consent of, the defendant or his or
    23  her counsel. The court [must] may grant such a continuance only if it is
    24  satisfied that postponement is in the interest of justice,  taking  into
    25  account  the  public  interest  in  the  prompt dispositions of criminal
    26  charges. A  defendant  without  counsel  must  not  be  deemed  to  have
    27  consented  to  a  continuance  unless  he or she has been advised by the
    28  court of his or her rights under these  rules  and  the  effect  of  his
    29  consent, which must be done on the record in open court; or
    30    (c) (i) the period of delay resulting from the absence or unavailabil-
    31  ity of the defendant. A defendant must be considered absent whenever his
    32  location is unknown and he is attempting to avoid apprehension or prose-
    33  cution, or his location cannot be determined by due diligence. A defend-
    34  ant  must  be  considered unavailable whenever his location is known but
    35  his presence for trial cannot be obtained by due diligence; or
    36    (ii) where the defendant has either escaped from custody or has failed
    37  to appear when required after having previously been released on bail or
    38  on his own recognizance, and provided the defendant is not in custody on
    39  another matter, the period extending from the day  the  court  issues  a
    40  bench  warrant  pursuant  to  section  530.70 because of the defendant's
    41  failure to appear in court when  required,  to  the  day  the  defendant
    42  subsequently  appears in the court pursuant to a bench warrant or volun-
    43  tarily or otherwise; or
    44    (d) a reasonable period of delay when  the  defendant  is  joined  for
    45  trial with a co-defendant as to whom the time for trial pursuant to this
    46  section  has  not  run and good cause is not shown for granting a sever-
    47  ance; or
    48    (e) the period of delay resulting from detention of the  defendant  in
    49  another  jurisdiction  provided  the  district attorney is aware of such
    50  detention and has been diligent  and  has  made  reasonable  efforts  to
    51  obtain the presence of the defendant for trial; or
    52    (f)  the  period during which the defendant is without counsel through
    53  no fault of the court; except when the defendant is  proceeding  as  his
    54  own attorney with the permission of the court; or
    55    (g)  other  periods  of delay occasioned by exceptional circumstances,
    56  including but not limited to, the  period  of  delay  resulting  from  a

        S. 7006--B                          4
     1  continuance  granted  at  the  request of a district attorney if (i) the
     2  continuance is granted because of the unavailability of evidence materi-
     3  al to the people's case, when the district attorney  has  exercised  due
     4  diligence  to  obtain  such evidence and there are reasonable grounds to
     5  believe that such evidence will become available in a reasonable period;
     6  or (ii) the continuance is granted to allow the district attorney  addi-
     7  tional  time  to prepare the people's case and additional time is justi-
     8  fied by the exceptional circumstances of the case.   Any such  exclusion
     9  when  a  statement  of unreadiness has followed a statement of readiness
    10  made by the people must be evaluated by the court after inquiry  on  the
    11  record  as to the reasons for the people's unreadiness and shall only be
    12  approved upon a showing of sufficient supporting facts; or
    13    (h) the period during which an action has been  adjourned  in  contem-
    14  plation  of  dismissal pursuant to sections 170.55, 170.56 and 215.10 of
    15  this chapter[.]; or
    16    (i) [The] the period prior to the defendant's  actual  appearance  for
    17  arraignment  in  a situation in which the defendant has been directed to
    18  appear by the district attorney pursuant to subdivision three of section
    19  120.20 or subdivision three of section 210.10[.]; or
    20    (j) the period during which a family offense is before a family  court
    21  until  such  time  as  an  accusatory  instrument or indictment is filed
    22  against the defendant alleging a crime constituting a family offense, as
    23  such term is defined in section 530.11 of this chapter.
    24    5. Whenever pursuant to this section a prosecutor states or  otherwise
    25  provides  notice  that  the  people are ready for trial, the court shall
    26  make inquiry on the record as  to  their  actual  readiness.  If,  after
    27  conducting  its  inquiry,  the  court determines that the people are not
    28  ready to proceed to trial, the prosecutor's statement or notice of read-
    29  iness shall not be valid for  purposes  of  this  section.  Following  a
    30  demand  to produce by a defendant pursuant to section 240.20, any state-
    31  ment of trial readiness must be accompanied or  preceded  by  a  certif-
    32  ication  of  good  faith  compliance with the disclosure requirements of
    33  section 240.20 and the defense shall be afforded an  opportunity  to  be
    34  heard  on the record as to whether the disclosure requirements have been
    35  met. This subdivision shall not apply to cases  where  the  defense  has
    36  waived disclosure requirements.
    37    5-a. Upon a local criminal court accusatory instrument, a statement of
    38  readiness shall not be valid unless all counts charged in the accusatory
    39  instrument  meet  the  requirements of subdivisions one, two or three of
    40  section 100.40 of this chapter and the prosecution moves to dismiss  any
    41  counts not meeting such.
    42    6.  In  computing  the  time within which the people must be ready for
    43  trial, pursuant to subdivision two of this section, no period  of  delay
    44  resulting from court congestion shall be excluded.
    45    7.  In  computing  the  time within which the people must be ready for
    46  trial, pursuant to paragraphs (b), (c) and (d)  of  subdivision  one  of
    47  this  section,  no period of delay resulting from court congestion shall
    48  be excluded.
    49    [5.] 8. For purposes of this section, (a) where the defendant is to be
    50  tried following the withdrawal of the plea of guilty or is to be retried
    51  following a mistrial, an order for a new trial or an appeal  or  collat-
    52  eral  attack,  the  criminal action and the commitment to the custody of
    53  the sheriff or the office of children and family services, if any,  must
    54  be  deemed  to  have commenced on the date the withdrawal of the plea of
    55  guilty or the date the order occasioning a retrial becomes final;

        S. 7006--B                          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 or a prosecutor's information is  filed
     9  pursuant  to  section  190.70, the period applicable for the purposes of
    10  subdivision one must be the period applicable to the charges in the  new
    11  accusatory  instrument,  calculated  from the date of the filing of such
    12  new accusatory instrument; provided, however, that when the aggregate of
    13  such period and the period of time, excluding the  periods  provided  in
    14  subdivision  four,  already  elapsed  from the date of the filing of the
    15  felony complaint to the date of the filing of the new accusatory instru-
    16  ment exceeds six months, the period applicable to  the  charges  in  the
    17  felony complaint must remain applicable and continue as if the new accu-
    18  satory instrument had not been filed;
    19    (d)  where  a  criminal  action is commenced by the filing of a felony
    20  complaint, and thereafter, in the course of  the  same  criminal  action
    21  either the felony complaint is replaced with or converted to an informa-
    22  tion,  prosecutor's  information  or  misdemeanor  complaint pursuant to
    23  article [180] one hundred eighty or a prosecutor's information is  filed
    24  pursuant  to  section  190.70, the period applicable for the purposes of
    25  subdivision two must be the period applicable to the charges in the  new
    26  accusatory  instrument,  calculated  from the date of the filing of such
    27  new accusatory instrument; provided, however, that when the aggregate of
    28  such period and the period of time, excluding the  periods  provided  in
    29  subdivision  four,  already  elapsed  from the date of the filing of the
    30  felony complaint to the date of the filing of the new accusatory instru-
    31  ment exceeds ninety days, the period applicable to the  charges  in  the
    32  felony complaint must remain applicable and continue as if the new accu-
    33  satory instrument had not been filed.
    34    (e)  where a count of an indictment is reduced to charge only a misde-
    35  meanor or petty offense and  a  reduced  indictment  or  a  prosecutor's
    36  information  is  filed pursuant to subdivisions one-a and six of section
    37  210.20, the period applicable for the purposes  of  subdivision  one  of
    38  this  section  must  be  the period applicable to the charges in the new
    39  accusatory instrument, calculated from the date of the  filing  of  such
    40  new accusatory instrument; provided, however, that when the aggregate of
    41  such  period  and  the period of time, excluding the periods provided in
    42  subdivision four of this section, already elapsed from the date  of  the
    43  filing of the indictment to the date of the filing of the new accusatory
    44  instrument  exceeds  six months, the period applicable to the charges in
    45  the indictment must remain applicable and continue as if the new accusa-
    46  tory instrument had not been filed;
    47    (f) where a count of an indictment is reduced to charge only a  misde-
    48  meanor  or  petty  offense  and  a  reduced indictment or a prosecutor's
    49  information is filed pursuant to subdivisions one-a and six  of  section
    50  210.20,  the  period  applicable  for the purposes of subdivision two of
    51  this section must be the period applicable to the  charges  in  the  new
    52  accusatory  instrument,  calculated  from the date of the filing of such
    53  new accusatory instrument; provided, however, that when the aggregate of
    54  such period and the period of time, excluding the  periods  provided  in
    55  subdivision  four  of this section, already elapsed from the date of the
    56  filing of the indictment to the date of the filing of the new accusatory

        S. 7006--B                          6
     1  instrument exceeds ninety days, the period applicable to the charges  in
     2  the indictment must remain applicable and continue as if the new accusa-
     3  tory instrument had not been filed.
     4    [6.]  9.  The  procedural rules prescribed in subdivisions one through
     5  seven of section 210.45 with respect to a motion to dismiss  an  indict-
     6  ment  are [also] not applicable to a motion made pursuant to subdivision
     7  two.  If, upon oral argument, a time period is  in  dispute,  the  court
     8  must  promptly conduct a hearing in which the people must prove that the
     9  time period is excludable.
    10    § 3. Section 180.85 of the criminal procedure law is amended by adding
    11  a new subdivision 6-a to read as follows:
    12    6-a. An order finally denying a motion to dismiss pursuant to subdivi-
    13  sion one of this section shall be reviewable  upon  an  appeal  from  an
    14  ensuing  judgment of conviction notwithstanding the fact that such judg-
    15  ment is entered upon a plea of guilty.
    16    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    17  have become a law.
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