Bill Text: NY S07006 | 2017-2018 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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--A IN SENATE (Prefiled) January 3, 2018 ___________ Introduced by Sens. BAILEY, ADDABBO, ALCANTARA, BRESLIN, CARLUCCI, COMRIE -- 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 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] four, a motion 15 made pursuant to paragraph (e) of subdivision one of section 170.30 or 16 paragraph (g) of subdivision one of section 210.20 must be granted where 17 the 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 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. LBD13377-02-8S. 7006--A 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 and none of which is a crime. 9 2. Except as provided in subdivision [three] four, where a defendant 10 has been committed to the custody of the sheriff in a criminal action he 11 must be released on bail or on his own recognizance, upon such condi- 12 tions as may be just and reasonable, if the people are not ready for 13 trial in that criminal action within: 14 (a) ninety days from the commencement of his commitment to the custody 15 of the sheriff in a criminal action wherein the defendant is accused of 16 one or more offenses, at least one of which is a felony; 17 (b) thirty days from the commencement of his commitment to the custody 18 of the sheriff in a criminal action wherein the defendant is accused of 19 one or more offenses, at least one of which is a misdemeanor punishable 20 by a sentence of imprisonment of more than three months and none of 21 which is a felony; 22 (c) fifteen days from the commencement of his commitment to the custo- 23 dy of the sheriff in a criminal action wherein the defendant is accused 24 of one or more offenses, at least one of which is a misdemeanor punisha- 25 ble by a sentence of imprisonment of not more than three months and none 26 of which is a crime punishable by a sentence of imprisonment of more 27 than three months; 28 (d) five days from the commencement of his commitment to the custody 29 of the sheriff in a criminal action wherein the defendant is accused of 30 one or more offenses, at least one of which is a violation and none of 31 which is a crime. 32 3. Whenever pursuant to this section a prosecutor states or otherwise 33 provides notice that the people are ready for trial, the court may make 34 inquiry on the record as to their actual readiness. If, after conducting 35 its inquiry, the court determines that the people are not ready to 36 proceed to trial, the prosecutor's statement or notice of readiness 37 shall not be valid for purposes of this section. Following a demand to 38 produce by a defendant pursuant to section 240.20, any statement of 39 trial readiness must be accompanied or preceded by a certification of 40 good faith compliance with the disclosure requirements of section 41 240.20. This subdivision shall not apply to cases where the defense has 42 waived disclosure requirements. The defense shall be afforded an oppor- 43 tunity to be heard on the record concerning any such inquiry by the 44 court, and concerning whether such disclosure requirements have been 45 met. 46 3-a. Upon a misdemeanor complaint, a statement of readiness shall not 47 be valid unless the prosecuting attorney certifies that all counts 48 charged in the accusatory instrument meet the requirements of sections 49 100.15 and 100.40 and those counts not meeting the requirements of 50 sections 100.15 and 100.40 have been dismissed. 51 4. (a) Subdivisions one and two do not apply to a criminal action 52 wherein the defendant is accused of an offense defined in sections 53 125.10, 125.15, 125.20, 125.25, 125.26 and 125.27 of the penal law. 54 (b) A motion made pursuant to subdivisions one or two upon expiration 55 of the specified period may be denied where the people are not ready for 56 trial if the people were ready for trial prior to the expiration of theS. 7006--A 3 1 specified period and their present unreadiness is due to some excep- 2 tional fact or circumstance, including, but not limited to, the sudden 3 unavailability of evidence material to the people's case, when the 4 district attorney has exercised due diligence to obtain such evidence 5 and there are reasonable grounds to believe that such evidence will 6 become available in a reasonable period. 7 (c) A motion made pursuant to subdivision two shall not: 8 (i) apply to any defendant who is serving a term of imprisonment for 9 another offense; 10 (ii) require the release from custody of any defendant who is also 11 being held in custody pending trial of another criminal charge as to 12 which the applicable period has not yet elapsed; 13 (iii) prevent the redetention of or otherwise apply to any defendant 14 who, after being released from custody pursuant to this section or 15 otherwise, is charged with another crime or violates the conditions on 16 which he has been released, by failing to appear at a judicial proceed- 17 ing at which his presence is required or otherwise. 18 [4.] 5. In computing the time within which the people must be ready 19 for trial pursuant to subdivisions one and two, the following periods 20 must be excluded: 21 (a) a reasonable period of delay resulting from other proceedings 22 concerning the defendant, including but not limited to: proceedings for 23 the determination of competency and the period during which defendant is 24 incompetent to stand trial; demand to produce; request for a bill of 25 particulars; pre-trial motions; appeals; trial of other charges; and the 26 period during which such matters are under consideration by the court; 27 or 28 (b) the period of delay resulting from a continuance granted by the 29 court at the request of, or with the consent of, the defendant or his or 30 her counsel. The court [must] may grant such a continuance only if it is 31 satisfied that postponement is in the interest of justice, taking into 32 account the public interest in the prompt dispositions of criminal 33 charges. A defendant without counsel must not be deemed to have 34 consented to a continuance unless he has been advised by the court of 35 his or her rights under these rules and the effect of his consent, which 36 must be done on the record in open court; or 37 (c) (i) the period of delay resulting from the absence or unavailabil- 38 ity of the defendant. A defendant must be considered absent whenever his 39 location is unknown and he is attempting to avoid apprehension or prose- 40 cution, or his location cannot be determined by due diligence. A defend- 41 ant must be considered unavailable whenever his location is known but 42 his presence for trial cannot be obtained by due diligence; or 43 (ii) where the defendant has either escaped from custody or has failed 44 to appear when required after having previously been released on bail or 45 on his own recognizance, and provided the defendant is not in custody on 46 another matter, the period extending from the day the court issues a 47 bench warrant pursuant to section 530.70 because of the defendant's 48 failure to appear in court when required, to the day the defendant 49 subsequently appears in the court pursuant to a bench warrant or volun- 50 tarily or otherwise; or 51 (d) a reasonable period of delay when the defendant is joined for 52 trial with a co-defendant as to whom the time for trial pursuant to this 53 section has not run and good cause is not shown for granting a sever- 54 ance; or 55 (e) the period of delay resulting from detention of the defendant in 56 another jurisdiction provided the district attorney is aware of suchS. 7006--A 4 1 detention and has been diligent and has made reasonable efforts to 2 obtain the presence of the defendant for trial; or 3 (f) the period during which the defendant is without counsel through 4 no fault of the court; except when the defendant is proceeding as his 5 own attorney with the permission of the court; or 6 (g) other periods of delay occasioned by exceptional circumstances, 7 including but not limited to, the period of delay resulting from a 8 continuance granted at the request of a district attorney if (i) the 9 continuance is granted because of the unavailability of evidence materi- 10 al to the people's case, when the district attorney has exercised due 11 diligence to obtain such evidence and there are reasonable grounds to 12 believe that such evidence will become available in a reasonable period; 13 or (ii) the continuance is granted to allow the district attorney addi- 14 tional time to prepare the people's case and additional time is justi- 15 fied by the exceptional circumstances of the case. Any such exclusion 16 when a statement of unreadiness has followed a statement of readiness 17 made by the people must be accompanied by supporting facts and approved 18 by the court. The court shall inquire on the record as to the reasons 19 for the people's unreadiness; or 20 (h) the period during which an action has been adjourned in contem- 21 plation of dismissal pursuant to sections 170.55, 170.56 and 215.10 of 22 this chapter[.]; or 23 (i) [The] the period prior to the defendant's actual appearance for 24 arraignment in a situation in which the defendant has been directed to 25 appear by the district attorney pursuant to subdivision three of section 26 120.20 or subdivision three of section 210.10[.]; or 27 (j) the period during which a family offense is before a family court 28 until such time as an accusatory instrument or indictment is filed 29 against the defendant alleging a crime constituting a family offense, as 30 such term is defined in section 530.11 of this chapter. 31 6. At each court appearance date preceding the commencement of trial 32 in a criminal action, the court, whenever it is practicable to do so, 33 shall rule preliminarily on whether the adjournment period immediately 34 following such court appearance date is to be included or excluded for 35 the purposes of computing the time within which the people must be ready 36 for trial within the meaning of this section. The court's ruling shall 37 be noted in the court file. 38 7. In computing the time within which the people must be ready for 39 trial, pursuant to subdivision two or paragraphs (b), (c), or (d) of 40 subdivision one of this section, no time attributable to court 41 congestion shall be excluded. 42 [5.] 8. For purposes of this section, (a) where the defendant is to be 43 tried following the withdrawal of the plea of guilty or is to be retried 44 following a mistrial, an order for a new trial or an appeal or collat- 45 eral attack, the criminal action and the commitment to the custody of 46 the sheriff, if any, must be deemed to have commenced on the date the 47 withdrawal of the plea of guilty or the date the order occasioning a 48 retrial becomes final; 49 (b) where a defendant has been served with an appearance ticket, the 50 criminal action must be deemed to have commenced on the date the defend- 51 ant first appears in a local criminal court in response to the ticket; 52 (c) where a criminal action is commenced by the filing of a felony 53 complaint, and thereafter, in the course of the same criminal action 54 either the felony complaint is replaced with or converted to an informa- 55 tion, prosecutor's information or misdemeanor complaint pursuant to 56 article [180] one hundred eighty or a prosecutor's information is filedS. 7006--A 5 1 pursuant to section 190.70, the period applicable for the purposes of 2 subdivision one must be the period applicable to the charges in the new 3 accusatory instrument, calculated from the date of the filing of such 4 new accusatory instrument; provided, however, that when the aggregate of 5 such period and the period of time, excluding the periods provided in 6 subdivision [four] five, already elapsed from the date of the filing of 7 the felony complaint to the date of the filing of the new accusatory 8 instrument exceeds six months, the period applicable to the charges in 9 the felony complaint must remain applicable and continue as if the new 10 accusatory instrument had not been filed; 11 (d) where a criminal action is commenced by the filing of a felony 12 complaint, and thereafter, in the course of the same criminal action 13 either the felony complaint is replaced with or converted to an informa- 14 tion, prosecutor's information or misdemeanor complaint pursuant to 15 article [180] one hundred eighty or a prosecutor's information is filed 16 pursuant to section 190.70, the period applicable for the purposes of 17 subdivision two must be the period applicable to the charges in the new 18 accusatory instrument, calculated from the date of the filing of such 19 new accusatory instrument; provided, however, that when the aggregate of 20 such period and the period of time, excluding the periods provided in 21 subdivision [four] five, already elapsed from the date of the filing of 22 the felony complaint to the date of the filing of the new accusatory 23 instrument exceeds ninety days, the period applicable to the charges in 24 the felony complaint must remain applicable and continue as if the new 25 accusatory instrument had not been filed. 26 (e) where a count of an indictment is reduced to charge only a misde- 27 meanor or petty offense and a reduced indictment or a prosecutor's 28 information is filed pursuant to subdivisions one-a and six of section 29 210.20, the period applicable for the purposes of subdivision one of 30 this section must be the period applicable to the charges in the new 31 accusatory instrument, calculated from the date of the filing of such 32 new accusatory instrument; provided, however, that when the aggregate of 33 such period and the period of time, excluding the periods provided in 34 subdivision [four] five of this section, already elapsed from the date 35 of the filing of the indictment to the date of the filing of the new 36 accusatory instrument exceeds six months, the period applicable to the 37 charges in the indictment must remain applicable and continue as if the 38 new accusatory instrument had not been filed; 39 (f) where a count of an indictment is reduced to charge only a misde- 40 meanor or petty offense and a reduced indictment or a prosecutor's 41 information is filed pursuant to subdivisions one-a and six of section 42 210.20, the period applicable for the purposes of subdivision two of 43 this section must be the period applicable to the charges in the new 44 accusatory instrument, calculated from the date of the filing of such 45 new accusatory instrument; provided, however, that when the aggregate of 46 such period and the period of time, excluding the periods provided in 47 subdivision [four] five of this section, already elapsed from the date 48 of the filing of the indictment to the date of the filing of the new 49 accusatory instrument exceeds ninety days, the period applicable to the 50 charges in the indictment must remain applicable and continue as if the 51 new accusatory instrument had not been filed. 52 [6.] 9. The procedural rules prescribed in subdivisions one through 53 seven of section 210.45 with respect to a motion to dismiss an indict- 54 ment are also applicable to a motion made pursuant to subdivision two. 55 § 3. Subdivision 6 of section 180.85 of the criminal procedure law, as 56 added by chapter 518 of the laws of 2004, is amended to read as follows:S. 7006--A 6 1 6. The period from the filing of a motion pursuant to this section 2 until entry of an order disposing of such motion shall not, by reason of 3 such motion, be considered a period of delay for purposes of subdivision 4 [four] five of section 30.30, nor shall such period, by reason of such 5 motion, be excluded in computing the time within which the people must 6 be ready for trial pursuant to such section 30.30. 7 § 4. This act shall take effect on the sixtieth day after it shall 8 have become a law.
