Bill Text: NY A01754 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to providing judges more discretion regarding securing orders and limiting the lengths of certain orders.
Spectrum: Partisan Bill (Republican 17-0)
Status: (Introduced) 2023-03-22 - enacting clause stricken [A01754 Detail]
Download: New_York-2023-A01754-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1754 2023-2024 Regular Sessions IN ASSEMBLY January 20, 2023 ___________ Introduced by M. of A. GOODELL -- read once and referred to the Commit- tee on Codes AN ACT to amend the criminal procedure law, in relation to providing judges more discretion regarding securing orders and limiting the lengths of certain orders; and to repeal certain provisions of the criminal procedure law, the judiciary law and the executive law relat- ing thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 150.10 of the criminal procedure 2 law is REPEALED. 3 § 2. Subdivision 1 of section 1.20 of the criminal procedure law, as 4 amended by chapter 450 of the laws of 2019, is amended to read as 5 follows: 6 1. "Accusatory instrument" means[: (a)] an indictment, an indictment 7 ordered reduced pursuant to subdivision one-a of section 210.20 of this 8 chapter, an information, a simplified information, a prosecutor's infor- 9 mation, a superior court information, a misdemeanor complaint or a felo- 10 ny complaint. Every accusatory instrument, regardless of the person 11 designated therein as accuser, constitutes an accusation on behalf of 12 the state as plaintiff and must be entitled "the people of the state of 13 New York" against a designated person, known as the defendant[; and14(b) an appearance ticket issued for a parking infraction when (i) such15ticket is based on personal knowledge or information and belief of the16police officer or other public servant who issues the ticket, (ii) the17police officer or other public servant who issues such ticket verifies18that false statements made therein are punishable as a class A misdemea-19nor, (iii) the infraction or infractions contained therein are stated in20detail and not in conclusory terms so as to provide the defendant with21sufficient notice including, but not limited, to the applicable22provision of law allegedly violated, and the date, time and particularEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03909-01-3A. 1754 2 1place of the alleged infraction, and (iv) such ticket contains: (1) the2license plate designation of the ticketed vehicle, (2) the license plate3type of the ticketed vehicle, (3) the expiration of the ticketed vehi-4cle's registration, (4) the make or model of the ticketed vehicle, and5(5) the body type of the ticketed vehicle, provided, however, that where6the plate type or the expiration date are not shown on either the regis-7tration plates or sticker of a vehicle or where the registration sticker8is covered, faded, defaced or mutilated so that it is unreadable, the9plate type or the expiration date may be omitted, provided, further,10however, that such condition must be so described and inserted on the11instrument]. 12 § 3. Subdivision 1 of section 150.20 of the criminal procedure law, as 13 amended by section 1-a of part JJJ of chapter 59 of the laws of 2019, 14 subparagraph (viii) of paragraph (b) as amended and subparagraphs (ix), 15 (x) and (xi) of paragraph (b) as added by section 1 of subpart B of part 16 UU of chapter 56 of the laws of 2022, is amended to read as follows: 17 1. [(a)] Whenever a police officer is authorized pursuant to section 18 140.10 of this title to arrest a person without a warrant for an offense 19 other than a class A, B, C or D felony or a violation of section 130.25, 20 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, he [shall,21except as set out in paragraph (b) of this subdivision] or she may, 22 subject to the provisions of subdivisions three and four of section 23 150.40 of this [title] article, instead issue to and serve upon such 24 person an appearance ticket. 25 [(b) An officer is not required to issue an appearance ticket if:26(i) the person has one or more outstanding local criminal court or27superior court warrants;28(ii) the person has failed to appear in court proceedings in the last29two years;30(iii) the person has been given a reasonable opportunity to make their31verifiable identity and a method of contact known, and has been unable32or unwilling to do so, so that a custodial arrest is necessary to33subject the individual to the jurisdiction of the court. For the34purposes of this section, an officer may rely on various factors to35determine a person's identity, including but not limited to personal36knowledge of such person, such person's self-identification, or photo-37graphic identification. There is no requirement that a person present38photographic identification in order to be issued an appearance ticket39in lieu of arrest where the person's identity is otherwise verifiable;40however, if offered by such person, an officer shall accept as evidence41of identity the following: a valid driver's license or non-driver iden-42tification card issued by the commissioner of motor vehicles, the feder-43al government, any United States territory, commonwealth or possession,44the District of Columbia, a state government or municipal government45within the United States or a provincial government of the dominion of46Canada; a valid passport issued by the United States government or any47other country; an identification card issued by the armed forces of the48United States; a public benefit card, as defined in paragraph (a) of49subdivision one of section 158.00 of the penal law;50(iv) the person is charged with a crime between members of the same51family or household, as defined in subdivision one of section 530.11 of52this chapter;53(v) the person is charged with a crime defined in article 130 of the54penal law;55(vi) it reasonably appears the person should be brought before the56court for consideration of issuance of an order of protection, pursuantA. 1754 3 1to section 530.13 of this chapter, based on the facts of the crime or2offense that the officer has reasonable cause to believe occurred;3(vii) the person is charged with a crime for which the court may4suspend or revoke his or her driver license;5(viii) it reasonably appears to the officer, based on the observed6behavior of the individual in the present contact with the officer and7facts regarding the person's condition that indicates a sign of distress8to such a degree that the person would face harm without immediate9medical or mental health care, that bringing the person before the court10would be in such person's interest in addressing that need; provided,11however, that before making the arrest, the officer shall make all12reasonable efforts to assist the person in securing appropriate13services;14(ix) the person is eighteen years of age or older and charged with15criminal possession of a weapon on school grounds as defined in section16265.01-a of the penal law;17(x) the person is eighteen years of age or older and charged with a18hate crime as defined in section 485.05 of the penal law; or19(xi) the offense is a qualifying offense pursuant to paragraph (t) of20subdivision four of section 510.10 of this chapter, or pursuant to para-21graph (t) of subdivision four of section 530.40 of this chapter.] 22 § 4. The criminal procedure law is amended by adding a new section 23 150.30 to read as follows: 24 § 150.30 Appearance ticket; issuance and service thereof after arrest 25 upon posting of pre-arraignment bail. 26 1. Issuance and service of an appearance ticket by a police officer 27 following an arrest without a warrant, as prescribed in subdivision two 28 of section 150.20 of this article, may be made conditional upon the 29 posting of a sum of money, known as pre-arraignment bail. In such case, 30 the bail becomes forfeit upon failure of such person to comply with the 31 directions of the appearance ticket. The person posting such bail must 32 complete and sign a form which states (a) the name, residential address 33 and occupation of each person posting cash bail; and (b) the title of 34 the criminal action or proceeding involved; and (c) the offense or 35 offenses which are the subjects of the action or proceeding involved, 36 and the status of such action or proceeding; and (d) the name of the 37 principal and the nature of his or her involvement in or connection with 38 such action or proceeding; and (e) the date of the principal's next 39 appearance in court; and (f) an acknowledgement that the cash bail will 40 be forfeited if the principal does not comply with the directions of the 41 appearance ticket; and (g) the amount of money posted as cash bail. Such 42 pre-arraignment bail may be posted as provided in subdivision two or 43 three of this section. 44 2. A desk officer in charge at a police station, county jail, or 45 police headquarters, or any of his or her superior officers, may in such 46 place, fix pre-arraignment bail, in an amount prescribed in this subdi- 47 vision, and upon the posting thereof must issue and serve an appearance 48 ticket upon the arrested person, give a receipt for the bail, and 49 release such person from custody. Such pre-arraignment bail may be fixed 50 in the following amounts: 51 (a) If the arrest was for a class E felony, any amount not exceeding 52 seven hundred fifty dollars. 53 (b) If the arrest was for a class A misdemeanor, any amount not 54 exceeding five hundred dollars. 55 (c) If the arrest was for a class B misdemeanor or an unclassified 56 misdemeanor, any amount not exceeding two hundred fifty dollars.A. 1754 4 1 (d) If the arrest was for a petty offense, any amount not exceeding 2 one hundred dollars. 3 3. A police officer, who has arrested a person without a warrant 4 pursuant to subdivision two of section 150.20 of this article for a 5 traffic infraction, may, where he or she reasonably believes that such 6 arrested person is not licensed to operate a motor vehicle by this state 7 or any state covered by a reciprocal compact guaranteeing appearance as 8 is provided in section five hundred seventeen of the vehicle and traffic 9 law, fix pre-arraignment bail in the amount of fifty dollars; provided, 10 however, such bail shall be posted by means of a credit card or similar 11 device. Upon the posting thereof, said officer must issue and serve an 12 appearance ticket upon the arrested person, give a receipt for the bail, 13 and release such person from custody. 14 4. The chief administrator of the courts shall establish a system for 15 the posting of pre-arraignment bail by means of credit card or similar 16 device, as is provided by section two hundred twelve of the judiciary 17 law. The head of each police department or police force and of any state 18 department, agency, board, commission or public authority having police 19 officers who fix pre-arraignment bail as provided herein may elect to 20 use the system established by the chief administrator or may establish 21 such other system for the posting of pre-arraignment bail by means of 22 credit card or similar device as he or she may deem appropriate. 23 § 5. Subdivision 1 of section 150.40 of the criminal procedure law, as 24 amended by section 8 of part UU of chapter 56 of the laws of 2020, is 25 amended to read as follows: 26 1. An appearance ticket must be made returnable [at a date as soon as27possible, but in no event later than twenty days from the date of issu-28ance; or at the next scheduled session of the appropriate local criminal29court if such session is scheduled to occur more than twenty days from30the date of issuance; or at a later date, with the court's permission31due to enrollment in a pre-arraignment diversion program. The appearance32ticket shall be made returnable] in a local criminal court designated in 33 section 100.55 of this title as one with which an information for the 34 offense in question may be filed. 35 § 6. Subdivision 1 of section 150.50 of the criminal procedure law, as 36 amended by chapter 450 of the laws of 2019, is amended to read as 37 follows: 38 1. A police officer or other public servant who has issued and served 39 an appearance ticket must, at or before the time such appearance ticket 40 is returnable, file or cause to be filed with the local criminal court 41 in which it is returnable a local criminal court accusatory instrument 42 charging the person named in such appearance ticket with the offense 43 specified therein[; provided, however, that no separate accusatory44instrument shall be required to be filed for an appearance ticket issued45for a parking infraction which conforms to the requirements set forth in46paragraph (b) of subdivision one of section 1.20 of this chapter]. Noth- 47 ing herein contained shall authorize the use of a simplified information 48 when not authorized by law. 49 § 7. Section 150.80 of the criminal procedure law is REPEALED. 50 § 8. Subdivisions 3-a, 3-b, 21 and 22 of section 500.10 of the crimi- 51 nal procedure law are REPEALED. 52 § 9. Subdivisions 5, 6, 7 and 9 of section 500.10 of the criminal 53 procedure law, as amended by section 1-e of part JJJ of chapter 59 of 54 the laws of 2019, are amended to read as follows: 55 5. "Securing order" means an order of a court committing a principal 56 to the custody of the sheriff or fixing bail, [where authorized,] orA. 1754 5 1 releasing the principal on the principal's own recognizance [or releas-2ing the principal under non-monetary conditions]. 3 6. "Order of recognizance or bail" means a securing order releasing a 4 principal on the principal's own recognizance or [under non-monetary5conditions or, where authorized,] fixing bail. 6 7. "Application for recognizance or bail" means an application by a 7 principal that the court, instead of committing the principal to or 8 retaining the principal in the custody of the sheriff, either release 9 the principal on the principal's own recognizance[, release under non-10monetary conditions, or, where authorized,] or fix bail. 11 9. "Bail" means cash bail[,] or a bail bond [or money paid with a12credit card]. 13 § 10. Section 510.10 of the criminal procedure law, as amended by 14 section 2 of part JJJ of chapter 59 of the laws of 2019, subdivision 1 15 as amended by section 1 of subpart C of part UU of chapter 56 of the 16 laws of 2022, subdivision 4 as amended by section 2 of part UU of chap- 17 ter 56 of the laws of 2020, and paragraphs (s) and (t) of subdivision 4 18 as amended and paragraph (u) of subdivision 4 as added by section 2 of 19 subpart B of part UU of chapter 56 of the laws of 2022, is amended to 20 read as follows: 21 § 510.10 Securing order[; when required; alternatives available; stand-22ard to be applied]. 23 1. When a principal, whose future court attendance at a criminal 24 action or proceeding is or may be required, initially comes under the 25 control of a court, such court shall[, in accordance with this title,] 26 by a securing order, either release the principal on the principal's own 27 recognizance, [release the principal under non-monetary conditions, or,28where authorized,] fix bail or commit the principal to the custody of 29 the sheriff. [In all such cases, except where another type of securing30order is shown to be required by law, the court shall release the prin-31cipal pending trial on the principal's own recognizance, unless it is32demonstrated and the court makes an individualized determination that33the principal poses a risk of flight to avoid prosecution. If such a34finding is made, the court must select the least restrictive alternative35and condition or conditions that will reasonably assure the principal's36return to court. The court shall explain its choice of release, release37with conditions, bail or remand on the record or in writing. In making38its determination, the court must consider and take into account avail-39able information about the principal, including:40(a) The principal's activities and history;41(b) If the principal is a defendant, the charges facing the principal;42(c) The principal's criminal conviction record if any;43(d) The principal's record of previous adjudication as a juvenile44delinquent, as retained pursuant to section 354.1 of the family court45act, or, of pending cases where fingerprints are retained pursuant to46section 306.1 of such act, or a youthful offender, if any;47(e) The principal's previous record with respect to flight to avoid48criminal prosecution;49(f) If monetary bail is authorized, according to the restrictions set50forth in this title, the principal's individual financial circumstances,51and, in cases where bail is authorized, the principal's ability to post52bail without posing undue hardship, as well as his or her ability to53obtain a secured, unsecured, or partially secured bond;54(g) Any violation by the principal of an order of protection issued by55any court;56(h) The principal's history of use or possession of a firearm;A. 1754 6 1(i) Whether the charge is alleged to have caused serious harm to an2individual or group of individuals; and3(j) If the principal is a defendant, in the case of an application for4a securing order pending appeal, the merit or lack of merit of the5appeal.62. A principal is entitled to representation by counsel under this7chapter in preparing an application for release, when a securing order8is being considered and when a securing order is being reviewed for9modification, revocation or termination. If the principal is financially10unable to obtain counsel, counsel shall be assigned to the principal.113. In cases other than as described in subdivision four of this12section the court shall release the principal pending trial on the prin-13cipal's own recognizance, unless the court finds on the record or in14writing that release on the principal's own recognizance will not15reasonably assure the principal's return to court. In such instances,16the court shall release the principal under non-monetary conditions,17selecting the least restrictive alternative and conditions that will18reasonably assure the principal's return to court. The court shall19explain its choice of alternative and conditions on the record or in20writing.214. Where the principal stands charged with a qualifying offense, the22court, unless otherwise prohibited by law, may in its discretion release23the principal pending trial on the principal's own recognizance or under24non-monetary conditions, fix bail, or, where the defendant is charged25with a qualifying offense which is a felony, the court may commit the26principal to the custody of the sheriff. A principal stands charged with27a qualifying offense for the purposes of this subdivision when he or she28stands charged with:29(a) a felony enumerated in section 70.02 of the penal law, other than30robbery in the second degree as defined in subdivision one of section31160.10 of the penal law, provided, however, that burglary in the second32degree as defined in subdivision two of section 140.25 of the penal law33shall be a qualifying offense only where the defendant is charged with34entering the living area of the dwelling;35(b) a crime involving witness intimidation under section 215.15 of the36penal law;37(c) a crime involving witness tampering under section 215.11, 215.1238or 215.13 of the penal law;39(d) a class A felony defined in the penal law, provided that for class40A felonies under article two hundred twenty of the penal law, only class41A-I felonies shall be a qualifying offense;42(e) a sex trafficking offense defined in section 230.34 or 230.34-a of43the penal law, or a felony sex offense defined in section 70.80 of the44penal law, or a crime involving incest as defined in section 255.25,45255.26 or 255.27 of such law, or a misdemeanor defined in article one46hundred thirty of such law;47(f) conspiracy in the second degree as defined in section 105.15 of48the penal law, where the underlying allegation of such charge is that49the defendant conspired to commit a class A felony defined in article50one hundred twenty-five of the penal law;51(g) money laundering in support of terrorism in the first degree as52defined in section 470.24 of the penal law; money laundering in support53of terrorism in the second degree as defined in section 470.23 of the54penal law; money laundering in support of terrorism in the third degree55as defined in section 470.22 of the penal law; money laundering in56support of terrorism in the fourth degree as defined in section 470.21A. 1754 7 1of the penal law; or a felony crime of terrorism as defined in article2four hundred ninety of the penal law, other than the crime defined in3section 490.20 of such law;4(h) criminal contempt in the second degree as defined in subdivision5three of section 215.50 of the penal law, criminal contempt in the first6degree as defined in subdivision (b), (c) or (d) of section 215.51 of7the penal law or aggravated criminal contempt as defined in section8215.52 of the penal law, and the underlying allegation of such charge of9criminal contempt in the second degree, criminal contempt in the first10degree or aggravated criminal contempt is that the defendant violated a11duly served order of protection where the protected party is a member of12the defendant's same family or household as defined in subdivision one13of section 530.11 of this title;14(i) facilitating a sexual performance by a child with a controlled15substance or alcohol as defined in section 263.30 of the penal law, use16of a child in a sexual performance as defined in section 263.05 of the17penal law or luring a child as defined in subdivision one of section18120.70 of the penal law, promoting an obscene sexual performance by a19child as defined in section 263.10 of the penal law or promoting a sexu-20al performance by a child as defined in section 263.15 of the penal law;21(j) any crime that is alleged to have caused the death of another22person;23(k) criminal obstruction of breathing or blood circulation as defined24in section 121.11 of the penal law, strangulation in the second degree25as defined in section 121.12 of the penal law or unlawful imprisonment26in the first degree as defined in section 135.10 of the penal law, and27is alleged to have committed the offense against a member of the defend-28ant's same family or household as defined in subdivision one of section29530.11 of this title;30(l) aggravated vehicular assault as defined in section 120.04-a of the31penal law or vehicular assault in the first degree as defined in section32120.04 of the penal law;33(m) assault in the third degree as defined in section 120.00 of the34penal law or arson in the third degree as defined in section 150.10 of35the penal law, when such crime is charged as a hate crime as defined in36section 485.05 of the penal law;37(n) aggravated assault upon a person less than eleven years old as38defined in section 120.12 of the penal law or criminal possession of a39weapon on school grounds as defined in section 265.01-a of the penal40law;41(o) grand larceny in the first degree as defined in section 155.42 of42the penal law, enterprise corruption as defined in section 460.20 of the43penal law, or money laundering in the first degree as defined in section44470.20 of the penal law;45(p) failure to register as a sex offender pursuant to section one46hundred sixty-eight-t of the correction law or endangering the welfare47of a child as defined in subdivision one of section 260.10 of the penal48law, where the defendant is required to maintain registration under49article six-C of the correction law and designated a level three offen-50der pursuant to subdivision six of section one hundred sixty-eight-l of51the correction law;52(q) a crime involving bail jumping under section 215.55, 215.56 or53215.57 of the penal law, or a crime involving escaping from custody54under section 205.05, 205.10 or 205.15 of the penal law;55(r) any felony offense committed by the principal while serving a56sentence of probation or while released to post release supervision;A. 1754 8 1(s) a felony, where the defendant qualifies for sentencing on such2charge as a persistent felony offender pursuant to section 70.10 of the3penal law;4(t) any felony or class A misdemeanor involving harm to an identifi-5able person or property, or any charge of criminal possession of a6firearm as defined in section 265.01-b of the penal law, where such7charge arose from conduct occurring while the defendant was released on8his or her own recognizance, released under conditions, or had yet to be9arraigned after the issuance of a desk appearance ticket for a separate10felony or class A misdemeanor involving harm to an identifiable person11or property, or any charge of criminal possession of a firearm as12defined in section 265.01-b of the penal law, provided, however, that13the prosecutor must show reasonable cause to believe that the defendant14committed the instant crime and any underlying crime. For the purposes15of this subparagraph, any of the underlying crimes need not be a quali-16fying offense as defined in this subdivision. For the purposes of this17paragraph, "harm to an identifiable person or property" shall include18but not be limited to theft of or damage to property. However, based19upon a review of the facts alleged in the accusatory instrument, if the20court determines that such theft is negligible and does not appear to be21in furtherance of other criminal activity, the principal shall be22released on his or her own recognizance or under appropriate non-mone-23tary conditions; or24(u) criminal possession of a weapon in the third degree as defined in25subdivision three of section 265.02 of the penal law or criminal sale of26a firearm to a minor as defined in section 265.16 of the penal law.275. Notwithstanding the provisions of subdivisions three and four of28this section, with respect to any charge for which bail or remand is not29ordered, and for which the court would not or could not otherwise30require bail or remand, a defendant may, at any time, request that the31court set bail in a nominal amount requested by the defendant in the32form specified in paragraph (a) of subdivision one of section 520.10 of33this title; if the court is satisfied that the request is voluntary, the34court shall set such bail in such amount.356.] When a securing order is revoked or otherwise terminated in the 36 course of an uncompleted action or proceeding but the principal's future 37 court attendance still is or may be required and the principal is still 38 under the control of a court, a new securing order must be issued. When 39 the court revokes or otherwise terminates a securing order which commit- 40 ted the principal to the custody of the sheriff, the court shall give 41 written notification to the sheriff of such revocation or termination of 42 the securing order. 43 2. The court shall release the principal on personal recognizance or 44 on bail unless the court makes an individualized determination that: 45 (a) the principal poses a risk of flight to avoid prosecution; (b) the 46 principal poses a risk of failing to appear in court based on the prin- 47 cipal's record of a prior criminal conviction or failure to appear in 48 prior court proceedings; or (c) the principal poses a risk of endanger- 49 ing the safety of any other person or the community. If the court finds 50 that the principal poses a risk of flight or a risk of failure to appear 51 but does not pose a risk of endangering the safety of any other person 52 or the community, the court shall release the principal subject to the 53 lowest reasonable bail and/or the least restrictive further condition or 54 combination of conditions that will reasonably ensure the appearance of 55 the principal considering the nature and circumstances of the charged 56 offense, the weight of the evidence, the history and characteristics ofA. 1754 9 1 the principal, and the nature and seriousness of the danger posed by the 2 principal's release. If the court determines that no condition or combi- 3 nation of conditions will reasonably assure the appearance of the prin- 4 cipal and the safety of any other person of the community, the court 5 shall order detention without bail. 6 3. If the principal is arrested during the interim period while await- 7 ing a preliminary hearing or trial, the court shall revoke or otherwise 8 terminate the securing order and issue a new securing order taking into 9 account the subsequent arrest. 10 4. (a) All securing orders issued under this section where the princi- 11 pal is incarcerated solely because of said order shall be reviewed and 12 re-evaluated by the court no later than: 13 (i) every four weeks thereafter where a class A misdemeanor is the 14 highest grade offense; 15 (ii) every six weeks thereafter where a class E felony is the highest 16 grade offense; 17 (iii) every eight weeks thereafter where a class D felony is the high- 18 est grade offense; 19 (iv) every ten weeks thereafter where a class C felony is the highest 20 grade offense; or 21 (v) every twelve weeks thereafter where a class B felony is the high- 22 est grade offense. 23 (b) Upon such review or re-evaluation, the court shall reconsider 24 whether the principal should be released on personal recognizance or 25 upon posting reduced bail in the interests of justice after considering 26 the length of time the principal has already been incarcerated, the 27 likely sentence that would be imposed if the principal were found guilty 28 or plead guilty to the charged offense, the nature and circumstances of 29 the charged offense, the weight of the evidence, the history and charac- 30 teristics of the principal, the nature and seriousness of the danger 31 posed by the principal's release, and whether the principal should be 32 released subject to a further condition, or combination of conditions, 33 that reasonably justifies the release of the principal on personal 34 recognizance or reduced bail, and such other factors in the interests of 35 justice as reasonably determined by the court based on an individualized 36 determination as to whether and to what extent that the principal 37 continues to pose a risk of flight to avoid prosecution, continues to 38 pose a risk of failing to appear in court based on the principal's 39 record of a prior criminal conviction or failure to appear in prior 40 court proceedings, or continues to pose a risk of endangering the safety 41 of any other person or the community. If the court determines that no 42 condition or combination of conditions will reasonably ensure the 43 appearance of the principal and the safety of any other person of the 44 community, the court shall continue to detain the principal without bail 45 or without a reduction in the amount of the bail. 46 § 11. Section 510.20 of the criminal procedure law, as amended by 47 section 3 of part JJJ of chapter 59 of the laws of 2019, is amended to 48 read as follows: 49 § 510.20 Application for [a change in securing order] recognizance or 50 bail; making and determination thereof in general. 51 1. Upon any occasion when a court [has issued] is required to issue a 52 securing order with respect to a principal [and the], or at any time 53 when a principal is confined in the custody of the sheriff as a result 54 of the securing order or a previously issued securing order, the princi- 55 pal may make an application for recognizance[, release under non-mone-56tary conditions] or bail.A. 1754 10 1 2. [(a) The principal is entitled to representation by counsel in the2making and presentation of such application. If the principal is finan-3cially unable to obtain counsel, counsel shall be assigned to the prin-4cipal.5(b)] Upon such application, the principal must be accorded an opportu- 6 nity to be heard[, present evidence] and to contend that an order of 7 recognizance[, release under non-monetary conditions] or[, where author-8ized,] bail must or should issue, that the court should release the 9 principal on the principal's own recognizance [or under non-monetary10conditions] rather than fix bail, and that if bail is [authorized and] 11 fixed it should be in a suggested amount and form. 12 § 12. Section 510.30 of the criminal procedure law, as amended by 13 section 5 of part JJJ of chapter 59 of the laws of 2019, subdivision 1 14 as amended by section 2 of subpart C of part UU of chapter 56 of the 15 laws of 2022, is amended to read as follows: 16 § 510.30 Application for [securing order] recognizance or bail; rules of 17 law and criteria controlling determination. 18 1. Determinations of applications for recognizance or bail are not in 19 all cases discretionary but are subject to rules, prescribed in article 20 five hundred thirty of this title and other provisions of law relating 21 to specific kinds of criminal actions and proceedings, providing (a) 22 that in some circumstances such an application must as a matter of law 23 be granted, (b) that in others it must as a matter of law be denied and 24 the principal committed to or retained in the custody of the sheriff, 25 and (c) that in others the granting or denial thereof is a matter of 26 judicial discretion. 27 2. To the extent that the issuance of an order of recognizance or bail 28 and the terms thereof are matters of discretion rather than of law, an 29 application is determined on the basis of the following factors and 30 criteria: 31 (a) With respect to any principal, the court [in all cases, unless32otherwise provided by law,] must [impose the least restrictive] consider 33 the kind and degree of control or restriction that is necessary to 34 secure the principal's return to court when required. In determining 35 that matter, the court must, on the basis of available information, 36 consider and take into account [information about the principal that is37relevant to the principal's return to court, including]: 38 [(a) The principal's activities and history;39(b) If the principal is a defendant, the charges facing the principal;40(c)] (i) The principal's character, reputation, habits and mental 41 condition; 42 (ii) The principal's employment and financial resources; 43 (iii) The principal's family ties and the length of his or her resi- 44 dence if any in the community; 45 (iv) The principal's criminal [conviction] record if any; 46 [(d)] (v) The principal's record of previous adjudication as a juve- 47 nile delinquent, as retained pursuant to section 354.2 of the family 48 court act, or, of pending cases where fingerprints are retained pursuant 49 to section 306.1 of such act, or a youthful offender, if any; 50 [(e)] (vi) The principal's previous record if any in responding to 51 court appearances when required or with respect to flight to avoid crim- 52 inal prosecution; 53 [(f) If monetary bail is authorized, according to the restrictions set54forth in this title, the principal's individual financial circumstances,55and, in cases where bail is authorized, the principal's ability to postA. 1754 11 1bail without posing undue hardship, as well as his or her ability to2obtain a secured, unsecured, or partially secured bond;3(g)] (vii) Where the principal is charged with a crime or crimes 4 against a member or members of the same family or household as that term 5 is defined in subdivision one of section 530.11 of this title, the 6 following factors: 7 (A) any violation by the principal of an order of protection issued by 8 any court; and 9 [(h)] (B) the principal's history of use or possession of a firearm; 10 [(i) whether the charge is alleged to have caused serious harm to an11individual or group of individuals; and12(j)] (viii) If the principal is a defendant, the weight of the 13 evidence against him or her in the pending criminal action and any other 14 factor indicating probability or improbability of conviction; or, in the 15 case of an application for [a securing order] bail or recognizance pend- 16 ing appeal, the merit or lack of merit of the appeal; and 17 (ix) If he or she is a defendant, the sentence which may be or has 18 been imposed upon conviction. 19 [2.] (b) Where the principal is a defendant-appellant in a pending 20 appeal from a judgment of conviction, the court must also consider the 21 likelihood of ultimate reversal of the judgment. A determination that 22 the appeal is palpably without merit alone justifies, but does not 23 require, a denial of the application, regardless of any determination 24 made with respect to the factors specified in paragraph (a) of this 25 subdivision [one of this section]. 26 3. When bail or recognizance is ordered, the court shall inform the 27 principal, if the principal is a defendant charged with the commission 28 of a felony, that the release is conditional and that the court may 29 revoke the order of release and [may be authorized] to commit the prin- 30 cipal to the custody of the sheriff in accordance with the provisions of 31 subdivision two of section 530.60 of this [chapter] title if the princi- 32 pal commits a subsequent felony while at liberty upon such order. 33 § 13. Section 510.40 of the criminal procedure law, as amended by 34 section 6 of part JJJ of chapter 59 of the laws of 2019 and paragraph 35 (c) of subdivision 4 as amended by section 7 of part UU of chapter 56 of 36 the laws of 2020, is amended to read as follows: 37 § 510.40 [Court notification to principal of conditions of release and38of alleged violations of conditions of release] Application 39 for recognizance or bail; determination thereof, form of 40 securing order and execution thereof. 41 1. An application for recognizance or bail must be determined by a 42 securing order which either: 43 (a) Grants the application and releases the principal on his or her 44 own recognizance; or 45 (b) Grants the application and fixes bail; or 46 (c) Denies the application and commits the principal to, or retains 47 him or her in, the custody of the sheriff. 48 2. Upon ordering that a principal be released on the principal's own 49 recognizance, [or released under non-monetary conditions, or, if bail50has been fixed, upon the posting of bail,] the court must direct the 51 principal to appear in the criminal action or proceeding involved when- 52 ever the principal's attendance may be required and to [be] render the 53 principal at all times amenable to the orders and processes of the 54 court. If such principal is in the custody of the sheriff or at liberty 55 upon bail at the time of the order, the court must direct that the prin-A. 1754 12 1 cipal be discharged from such custody or, as the case may be, that the 2 principal's bail be exonerated. 3 [2.] 3. Upon the issuance of an order fixing bail[, where authorized,] 4 and upon the posting thereof, the court must examine the bail to deter- 5 mine whether it complies with the order. If it does, the court must, in 6 the absence of some factor or circumstance which in law requires or 7 authorizes disapproval thereof, approve the bail and must issue a 8 certificate of release, authorizing the principal to be at liberty, and, 9 if the principal is in the custody of the sheriff at the time, directing 10 the sheriff to discharge the principal therefrom. If the bail fixed is 11 not posted, or is not approved after being posted, the court must order 12 that the principal be committed to the custody of the sheriff. [In the13event of any such non-approval, the court shall explain promptly in14writing the reasons therefor.153. Non-monetary conditions of release shall be individualized and16established in writing by the court. At future court appearances, the17court shall consider a lessening of conditions or modification of condi-18tions to a less burdensome form based on the principal's compliance with19such conditions of release. In the event of alleged non-compliance with20the conditions of release in an important respect, pursuant to this21subdivision, additional conditions may be imposed by the court, on the22record or in writing, only after notice of the facts and circumstances23of such alleged non-compliance, reasonable under the circumstances,24affording the principal and the principal's attorney and the people an25opportunity to present relevant, admissible evidence, relevant witnesses26and to cross-examine witnesses, and a finding by clear and convincing27evidence that the principal violated a condition of release in an impor-28tant respect. Following such a finding, in determining whether to impose29additional conditions for non-compliance, the court shall consider and30may select conditions consistent with the court's obligation to impose31the least restrictive condition or conditions that will reasonably32assure the defendant's return to court. The court shall explain on the33record or in writing the reasons for its determination and for any34changes to the conditions imposed.354. (a) Electronic monitoring of a principal's location may be ordered36only if the court finds, after notice, an opportunity to be heard and an37individualized determination explained on the record or in writing, that38the defendant qualifies for electronic monitoring in accordance with39subdivision twenty-one of section 500.10 of this title, and no other40realistic non-monetary condition or set of non-monetary conditions will41suffice to reasonably assure a principal's return to court.42(b) The specific method of electronic monitoring of the principal's43location must be approved by the court. It must be the least restrictive44procedure and method that will reasonably assure the principal's return45to court, and unobtrusive to the greatest extent practicable.46(c) Electronic monitoring of the location of a principal may be47conducted only by a public entity under the supervision and control of a48county or municipality or a non-profit entity under contract to the49county, municipality or the state. A county or municipality shall be50authorized to enter into a contract with another county or municipality51in the state to monitor principals under non-monetary conditions of52release in its county, but counties, municipalities and the state shall53not contract with any private for-profit entity for such purposes.54Counties, municipalities and the state may contract with a private for-55profit entity to supply electronic monitoring devices or other items,56provided that any interaction with persons under electronic monitoringA. 1754 13 1or the data produced by such monitoring shall be conducted solely by2employees of a county, municipality, the state, or a non-profit entity3under contract with such county, municipality or the state.4(d) Electronic monitoring of a principal's location may be for a maxi-5mum period of sixty days, and may be renewed for such period, after6notice, an opportunity to be heard and a de novo, individualized deter-7mination in accordance with this subdivision, which shall be explained8on the record or in writing.9A defendant subject to electronic location monitoring under this10subdivision shall be considered held or confined in custody for purposes11of section 180.80 of this chapter and shall be considered committed to12the custody of the sheriff for purposes of section 170.70 of the chap-13ter, as applicable.145. If a principal is released under non-monetary conditions, the court15shall, on the record and in an individualized written document provided16to the principal, notify the principal, in plain language and a manner17sufficiently clear and specific:18(a) of any conditions to which the principal is subject, to serve as a19guide for the principal's conduct; and20(b) that the possible consequences for violation of such a condition21may include revocation of the securing order and the ordering of a more22restrictive securing order.] 23 § 14. Sections 510.43 and 510.45 of the criminal procedure law are 24 REPEALED. 25 § 15. Section 510.50 of the criminal procedure law, as amended by 26 section 9 of part JJJ of chapter 59 of the laws of 2019, is amended to 27 read as follows: 28 § 510.50 Enforcement of securing order. 29 [1.] When the attendance of a principal confined in the custody of the 30 sheriff is required at the criminal action or proceeding at a particular 31 time and place, the court may compel such attendance by directing the 32 sheriff to produce the principal at such time and place. If the princi- 33 pal is at liberty on the principal's own recognizance [or non-monetary34conditions] or on bail, the principal's attendance may be achieved or 35 compelled by various methods, including notification and the issuance of 36 a bench warrant, prescribed by law in provisions governing such matters 37 with respect to the particular kind of action or proceeding involved. 38 [2. Except when the principal is charged with a new crime while at39liberty, absent relevant, credible evidence demonstrating that a princi-40pal's failure to appear for a scheduled court appearance was willful,41the court, prior to issuing a bench warrant for a failure to appear for42a scheduled court appearance, shall provide at least forty-eight hours43notice to the principal or the principal's counsel that the principal is44required to appear, in order to give the principal an opportunity to45appear voluntarily.] 46 § 16. Paragraph (b) of subdivision 2 of section 520.10 of the criminal 47 procedure law, as amended by section 10 of part JJJ of chapter 59 of the 48 laws of 2019, is amended to read as follows: 49 (b) The court [shall] may direct that the bail be posted in any one of 50 [three] two or more of the forms specified in subdivision one of this 51 section, designated in the alternative, and may designate different 52 amounts varying with the forms[, except that one of the forms shall be53either an unsecured or partially secured surety bond, as selected by the54court].A. 1754 14 1 § 17. Section 530.10 of the criminal procedure law, as amended by 2 section 11 of part JJJ of chapter 59 of the laws of 2019, is amended to 3 read as follows: 4 § 530.10 Order of recognizance [release under non-monetary conditions] 5 or bail; in general. 6 Under circumstances prescribed in this article, a court, upon applica- 7 tion of a defendant charged with or convicted of an offense, is required 8 [to issue a securing order] or authorized to order bail or recognizance 9 for the release or prospective release of such defendant during the 10 pendency of either: 11 1. A criminal action based upon such charge; or 12 2. An appeal taken by the defendant from a judgment of conviction or a 13 sentence or from an order of an intermediate appellate court affirming 14 or modifying a judgment of conviction or a sentence. 15 § 18. Subdivision 4 of section 530.11 of the criminal procedure law, 16 as amended by section 12 of part JJJ of chapter 59 of the laws of 2019, 17 is amended to read as follows: 18 4. When a person is arrested for an alleged family offense or an 19 alleged violation of an order of protection or temporary order of 20 protection or arrested pursuant to a warrant issued by the supreme or 21 family court, and the supreme or family court, as applicable, is not in 22 session, such person shall be brought before a local criminal court in 23 the county of arrest or in the county in which such warrant is return- 24 able pursuant to article one hundred twenty of this chapter. Such local 25 criminal court may issue any order authorized under subdivision eleven 26 of section 530.12 of this article, section one hundred fifty-four-d or 27 one hundred fifty-five of the family court act or subdivision three-b of 28 section two hundred forty or subdivision two-a of section two hundred 29 fifty-two of the domestic relations law, in addition to discharging 30 other arraignment responsibilities as set forth in this chapter. In 31 making such order, the local criminal court shall consider [de novo] the 32 bail recommendation [and securing order], if any, made by the supreme or 33 family court as indicated on the warrant or certificate of warrant. 34 Unless the petitioner or complainant requests otherwise, the court, in 35 addition to scheduling further criminal proceedings, if any, regarding 36 such alleged family offense or violation allegation, shall make such 37 matter returnable in the supreme or family court, as applicable, on the 38 next day such court is in session. 39 § 19. Subdivision 11 of section 530.12 of the criminal procedure law, 40 as amended by section 15 of part JJJ of chapter 59 of the laws of 2019, 41 is amended to read as follows: 42 11. If a defendant is brought before the court for failure to obey any 43 lawful order issued under this section, or an order of protection issued 44 by a court of competent jurisdiction in another state, territorial or 45 tribal jurisdiction, and if, after hearing, the court is satisfied by 46 competent proof that the defendant has willfully failed to obey any such 47 order, the court may: 48 (a) revoke an order of recognizance [or release under non-monetary49conditions] or revoke an order of bail or order forfeiture of such bail 50 and commit the defendant to custody; or 51 (b) restore the case to the calendar when there has been an adjourn- 52 ment in contemplation of dismissal and commit the defendant to custody; 53 or 54 (c) revoke a conditional discharge in accordance with section 410.70 55 of this chapter and impose probation supervision or impose a sentence ofA. 1754 15 1 imprisonment in accordance with the penal law based on the original 2 conviction; or 3 (d) revoke probation in accordance with section 410.70 of this chapter 4 and impose a sentence of imprisonment in accordance with the penal law 5 based on the original conviction. In addition, if the act which consti- 6 tutes the violation of the order of protection or temporary order of 7 protection is a crime or a violation the defendant may be charged with 8 and tried for that crime or violation. 9 § 20. The opening paragraph of subdivision 1 of section 530.13 of the 10 criminal procedure law, as amended by section 14 of part JJJ of chapter 11 59 of the laws of 2019, is amended to read as follows: 12 When any criminal action is pending, and the court has not issued a 13 temporary order of protection pursuant to section 530.12 of this arti- 14 cle, the court, in addition to the other powers conferred upon it by 15 this chapter, may for good cause shown issue a temporary order of 16 protection in conjunction with any securing order committing the defend- 17 ant to the custody of the sheriff or as a condition of a pre-trial 18 release, or as a condition of release on bail or an adjournment in 19 contemplation of dismissal. In addition to any other conditions, such an 20 order may require that the defendant: 21 § 21. Paragraph (a) of subdivision 8 of section 530.13 of the criminal 22 procedure law, as amended by section 13 of part JJJ of chapter 59 of the 23 laws of 2019, is amended to read as follows: 24 (a) revoke an order of recognizance[, release under non-monetary25conditions] or bail and commit the defendant to custody; or 26 § 22. Section 530.20 of the criminal procedure law is REPEALED and a 27 new section 530.20 is added to read as follows: 28 § 530.20 Order of recognizance or bail; by local criminal court when 29 action is pending therein. 30 When a criminal action is pending in a local criminal court, such 31 court, upon application of a defendant, must or may order recognizance 32 or bail as follows: 33 1. When the defendant is charged, by information, simplified informa- 34 tion, prosecutor's information or misdemeanor complaint, with an offense 35 or offenses of less than felony grade only, the court must order recog- 36 nizance or bail. 37 2. When the defendant is charged, by felony complaint, with a felony, 38 the court may, in its discretion, order recognizance or bail except as 39 otherwise provided in this subdivision: 40 (a) A city court, a town court or a village court may not order recog- 41 nizance or bail when (i) the defendant is charged with a class A felony, 42 or (ii) it appears that the defendant has two previous felony 43 convictions; 44 (b) No local criminal court may order recognizance or bail with 45 respect to a defendant charged with a felony unless and until: 46 (i) The district attorney has been heard in the matter or, after know- 47 ledge or notice of the application and reasonable opportunity to be 48 heard, has failed to appear at the proceeding or has otherwise waived 49 his or her right to do so; and 50 (ii) The court has been furnished with a report of the division of 51 criminal justice services concerning the defendant's criminal record if 52 any or with a police department report with respect to the defendant's 53 prior arrest record. If neither report is available, the court, with the 54 consent of the district attorney, may dispense with this requirement; 55 provided, however, that in an emergency, including but not limited to a 56 substantial impairment in the ability of such division or police depart-A. 1754 16 1 ment to timely furnish such report, such consent shall not be required 2 if, for reasons stated on the record, the court deems it unnecessary. 3 When the court has been furnished with any such report or record, it 4 shall furnish a copy thereof to counsel for the defendant or, if the 5 defendant is not represented by counsel, to the defendant. 6 3. The court shall make an individualized determination if: (a) the 7 defendant poses a risk of flight to avoid prosecution; (b) the defendant 8 poses a risk of failing to appear in court based on the defendant's 9 record of a prior criminal conviction or failure to appear in prior 10 court proceedings; or (c) the defendant poses a risk of endangering the 11 safety of any other person or the community. If the court finds that the 12 defendant poses a risk of flight or a risk of failure to appear but does 13 not pose a risk of endangering the safety of any other person or the 14 community, the court shall release the defendant subject to the lowest 15 reasonable bail and/or the least restrictive further condition or combi- 16 nation of conditions that will reasonably ensure the appearance of the 17 defendant considering the nature and circumstances of the charged 18 offense, the weight of the evidence, the history and characteristics of 19 the defendant, and the nature and seriousness of the danger posed by the 20 defendant's release. If the court determines that no condition or combi- 21 nation of conditions will reasonably assure the appearance of the 22 defendant and the safety of any other person of the community, the court 23 shall order detention without bail. 24 4. If the defendant is arrested during the interim period while await- 25 ing a preliminary hearing or trial, the court shall revoke or otherwise 26 terminate the previous order and issue a new order taking into account 27 the subsequent arrest. 28 5. (a) All orders issued under this section where the defendant is 29 incarcerated solely because of said order shall be reviewed and re-eval- 30 uated by the court no later than: 31 (i) every four weeks thereafter where a class A misdemeanor is the 32 highest grade offense; 33 (ii) every six weeks thereafter where a class E felony is the highest 34 grade offense; 35 (iii) every eight weeks thereafter where a class D felony is the high- 36 est grade offense; 37 (iv) every ten weeks thereafter where a class C felony is the highest 38 grade offense; or 39 (v) every twelve weeks thereafter where a class B felony is the high- 40 est grade offense. 41 (b) Upon such review or re-evaluation, the court shall reconsider 42 whether the defendant should be released on personal recognizance or 43 upon posting reduced bail in the interests of justice after considering 44 the length of time the defendant has already been incarcerated, the 45 likely sentence that would be imposed if the defendant were found guilty 46 or pled guilty to the charged offense, the nature and circumstances of 47 the charged offense, the weight of the evidence, the history and charac- 48 teristics of the defendant, the nature and seriousness of the danger 49 posed by the defendant's release, and whether the principal should be 50 released subject to a further condition, or combination of conditions, 51 that reasonably justifies the release of the defendant on personal 52 recognizance or reduced bail, and such other factors in the interests of 53 justice as reasonably determined by the court based on an individualized 54 determination as to whether and to what extent that the defendant 55 continues to pose a risk of flight to avoid prosecution, continues to 56 pose a risk of failing to appear in court based on the defendant'sA. 1754 17 1 record of a prior criminal conviction or failure to appear in prior 2 court proceedings, or continues to pose a risk of endangering the safety 3 of any other person or the community. If the court determines that no 4 condition or combination of conditions will reasonably ensure the 5 appearance of the defendant and the safety of any other person of the 6 community, the court shall continue to detain the defendant without bail 7 or without a reduction in the amount of the bail. 8 § 23. The section heading and subdivisions 1 and 2 of section 530.30 9 of the criminal procedure law, as amended by section 17 of part JJJ of 10 chapter 59 of the laws of 2019, are amended to read as follows: 11 Order of recognizance[, release under non-monetary conditions] or bail; 12 by superior court judge when action is pending in local criminal court. 13 1. When a criminal action is pending in a local criminal court, other 14 than one consisting of a superior court judge sitting as such, a judge 15 of a superior court holding a term thereof in the county, upon applica- 16 tion of a defendant, may order recognizance[, release under non-monetary17conditions] or[, where authorized,] bail when such local criminal court: 18 (a) Lacks authority to issue such an order, pursuant to the relevant 19 provisions of section 530.20 of this article; or 20 (b) Has denied an application for recognizance[, release under non-21monetary conditions] or bail; or 22 (c) Has fixed bail[, where authorized,] which is excessive[; or23(d) Has set a securing order of release under non-monetary conditions24which are more restrictive than necessary to reasonably assure the25defendant's return to court]. 26 In such case, such superior court judge may vacate the order of such 27 local criminal court and release the defendant on his or her own recog- 28 nizance [or under non-monetary conditions,] or [where authorized,] fix 29 bail in a lesser amount or in a less burdensome form[, whichever are the30least restrictive alternative and conditions that will reasonably assure31the defendant's return to court. The court shall explain its choice of32alternative and conditions on the record or in writing]. 33 2. Notwithstanding the provisions of subdivision one of this section, 34 when the defendant is charged with a felony in a local criminal court, a 35 superior court judge may not order recognizance, [release under non-mon-36etary conditions] or[, where authorized,] bail unless and until the 37 district attorney has had an opportunity to be heard in the matter and 38 such judge [and counsel for the defendant have] has been furnished with 39 a report as described in subparagraph (ii) of paragraph (b) of subdivi- 40 sion two of section 530.20 of this article. 41 § 24. Section 530.40 of the criminal procedure law is REPEALED and a 42 new section 530.40 is added to read as follows: 43 § 530.40 Order of recognizance or bail; by superior court when action is 44 pending therein. 45 When a criminal action is pending in a superior court, such court, 46 upon application of a defendant, must or may order recognizance or bail 47 as follows: 48 1. When the defendant is charged with an offense or offenses of less 49 than felony grade only, the court must order recognizance or bail. 50 2. When the defendant is charged with a felony, the court may, in its 51 discretion, order recognizance or bail. In any such case in which an 52 indictment (a) has resulted from an order of a local criminal court 53 holding the defendant for the action of the grand jury, or (b) was filed 54 at a time when a felony complaint charging the same conduct was pending 55 in a local criminal court, and in which such local criminal court or a 56 superior court judge has issued an order of recognizance or bail whichA. 1754 18 1 is still effective, the superior court's order may be in the form of a 2 direction continuing the effectiveness of the previous order. 3 3. Notwithstanding the provisions of subdivision two of this section, 4 a superior court may not order recognizance or bail, or permit a defend- 5 ant to remain at liberty pursuant to an existing order, after the 6 defendant has been convicted of either: (a) a class A felony or (b) any 7 class B or class C felony defined in article one hundred thirty of the 8 penal law committed or attempted to be committed by a person eighteen 9 years of age or older against a person less than eighteen years of age. 10 In either case the court must commit or remand the defendant to the 11 custody of the sheriff. 12 4. Notwithstanding the provisions of subdivision two of this section, 13 a superior court may not order recognizance or bail when the defendant 14 is charged with a felony unless and until the district attorney has had 15 an opportunity to be heard in the matter and such court has been 16 furnished with a report as described in subparagraph (ii) of paragraph 17 (b) of subdivision two of section 530.20 of this article. 18 5. The court shall make an individualized determination if: (a) the 19 defendant poses a risk of flight to avoid prosecution; (b) the defendant 20 poses a risk of failing to appear in court based on the defendant's 21 record of a prior criminal conviction or failure to appear in prior 22 court proceedings; or (c) the defendant poses a risk of endangering the 23 safety of any other person or the community. If the court finds that the 24 defendant poses a risk of flight or a risk of failure to appear but does 25 not pose a risk of endangering the safety of any other person or the 26 community, the court shall release the defendant subject to the lowest 27 reasonable bail and/or the least restrictive further condition or combi- 28 nation of conditions that will reasonably ensure the appearance of the 29 defendant considering the nature and circumstances of the charged 30 offense, the weight of the evidence, the history and characteristics of 31 the defendant, and the nature and seriousness of the danger posed by the 32 defendant's release. If the court determines that no condition or combi- 33 nation of conditions will reasonably assure the appearance of the 34 defendant and the safety of any other person of the community, the court 35 shall order detention without bail. 36 6. If the defendant is arrested during the interim period while await- 37 ing a preliminary hearing or trial, the court shall revoke or otherwise 38 terminate the previous order and issue a new order taking into account 39 the subsequent arrest. 40 7. (a) All orders issued under this section where the defendant is 41 incarcerated solely because of said order shall be reviewed and re-eval- 42 uated by the court no later than: 43 (i) every four weeks thereafter where a class A misdemeanor is the 44 highest grade offense; 45 (ii) every six weeks thereafter where a class E felony is the highest 46 grade offense; 47 (iii) every eight weeks thereafter where a class D felony is the high- 48 est grade offense; 49 (iv) every ten weeks thereafter where a class C felony is the highest 50 grade offense; or 51 (v) every twelve weeks thereafter where a class B felony is the high- 52 est grade offense. 53 (b) Upon such review or re-evaluation, the court shall reconsider 54 whether the defendant should be released on personal recognizance or 55 upon posting reduced bail in the interests of justice after considering 56 the length of time the defendant has already been incarcerated, theA. 1754 19 1 likely sentence that would be imposed if the defendant were found guilty 2 or pled guilty to the charged offense, the nature and circumstances of 3 the charged offense, the weight of the evidence, the history and charac- 4 teristics of the defendant, the nature and seriousness of the danger 5 posed by the defendant's release, and whether the principal should be 6 released subject to a further condition, or combination of conditions, 7 that reasonably justifies the release of the defendant on personal 8 recognizance or reduced bail, and such other factors in the interests of 9 justice as reasonably determined by the court based on an individualized 10 determination as to whether and to what extent that the defendant 11 continues to pose a risk of flight to avoid prosecution, continues to 12 pose a risk of failing to appear in court based on the defendant's 13 record of a prior criminal conviction or failure to appear in prior 14 court proceedings, or continues to pose a risk of endangering the safety 15 of any other person or the community. If the court determines that no 16 condition or combination of conditions will reasonably ensure the 17 appearance of the defendant and the safety of any other person of the 18 community, the court shall continue to detain the defendant without bail 19 or without a reduction in the amount of the bail. 20 § 25. Subdivision 1 of section 530.45 of the criminal procedure law, 21 as amended by section 19 of part JJJ of chapter 59 of the laws of 2019, 22 is amended to read as follows: 23 1. When the defendant is at liberty in the course of a criminal action 24 as a result of a prior order of recognizance[, release under non-mone-25tary conditions] or bail and the court revokes such order and then[,26where authorized,] either fixes no bail or fixes bail in a greater 27 amount or in a more burdensome form than was previously fixed and 28 remands or commits defendant to the custody of the sheriff, [or issues a29more restrictive securing order,] a judge designated in subdivision two 30 of this section, upon application of the defendant following conviction 31 of an offense other than a class A felony or a class B or class C felony 32 offense as defined in article one hundred thirty of the penal law 33 committed or attempted to be committed by a person eighteen years of age 34 or older against a person less than eighteen years of age, and before 35 sentencing, may issue a securing order and either release the defendant 36 on the defendant's own recognizance, [release the defendant under non-37monetary conditions,] or[, where authorized,] fix bail or fix bail in a 38 lesser amount or in a less burdensome form[, or issue a less restrictive39securing order,] than fixed by the court in which the conviction was 40 entered. 41 § 26. Subdivision 2-a of section 530.45 of the criminal procedure law 42 is REPEALED. 43 § 27. Section 530.50 of the criminal procedure law, as amended by 44 chapter 264 of the laws of 2003, subdivision 1 as designated and subdi- 45 vision 2 as added by section 10 of part UU of chapter 56 of the laws of 46 2020, and subdivision 3 as added by section 4 of subpart D of part UU of 47 chapter 56 of the laws of 2022, is amended to read as follows: 48 § 530.50 Order of recognizance or bail; during pendency of appeal. 49 [1.] A judge who is otherwise authorized pursuant to section 460.50 or 50 [section] 460.60 of this chapter to issue an order of recognizance or 51 bail pending the determination of an appeal, may do so unless the 52 defendant received a class A felony sentence or a sentence for any class 53 B or class C felony offense defined in article one hundred thirty of the 54 penal law committed or attempted to be committed by a person eighteen 55 years of age or older against a person less than eighteen years of age.A. 1754 20 1 [2. Notwithstanding the provisions of subdivision four of section2510.10, paragraph (b) of subdivision one of section 530.20 and subdivi-3sion four of section 530.40 of this title, when a defendant charged with4an offense that is not such a qualifying offense applies, pending deter-5mination of an appeal, for an order of recognizance or release on non-6monetary conditions, where authorized, or fixing bail, a judge identi-7fied in subdivision two of section 460.50 or paragraph (a) of8subdivision one of section 460.60 of this chapter may, in accordance9with law, and except as otherwise provided by law, issue a securing10order: releasing the defendant on the defendant's own recognizance or11under non-monetary conditions where authorized, fixing bail, or remand-12ing the defendant to the custody of the sheriff where authorized.133. Where an appeal by the people has been taken from an order dismiss-14ing one or more counts of an accusatory instrument for failure to comply15with a discovery order pursuant to subdivision twelve of section 450.2016of this chapter and the defendant is charged with a qualifying offense17in the remaining counts in the accusatory instrument, pending determi-18nation of an appeal, the defendant may apply for an order of recogni-19zance or release on non-monetary conditions, where authorized, or fixing20bail. A judge identified in subdivision two of section 460.50 of this21chapter or paragraph (a) of subdivision one of section 460.60 of this22chapter may, in accordance with law, and except as otherwise provided by23law, issue a securing order releasing the defendant on the defendant's24own recognizance or under non-monetary conditions where authorized,25fixing bail, or remanding the defendant to the custody of the sheriff26where authorized.] 27 § 28. Section 530.60 of the criminal procedure law, as amended by 28 section 20 of part JJJ of chapter 59 of the laws of 2019, is amended to 29 read as follows: 30 § 530.60 [Certain modifications of a securing order] Order of recogni- 31 zance or bail; revocation thereof. 32 1. Whenever in the course of a criminal action or proceeding a defend- 33 ant is at liberty as a result of an order of recognizance[, release34under non-monetary conditions] or bail issued pursuant to this chapter, 35 and the court considers it necessary to review such order, [whether due36to a motion by the people or otherwise,] the court may, and [except as37provided in subdivision two of section 510.50 of this title concerning a38failure to appear in court,] by a bench warrant if necessary, require 39 the defendant to appear before the court. Upon such appearance, the 40 court, for good cause shown, may revoke the order of recognizance[,41release under non-monetary conditions,] or bail. If the defendant is 42 entitled to recognizance[, release under non-monetary conditions,] or 43 bail as a matter of right, the court must issue another such order. If 44 the defendant is not, the court may either issue such an order or commit 45 the defendant to the custody of the sheriff in accordance with this 46 section. 47 Where the defendant is committed to the custody of the sheriff and is 48 held on a felony complaint, a new period as provided in section 180.80 49 of this chapter shall commence to run from the time of the defendant's 50 commitment under this subdivision. 51 2. (a) Whenever in the course of a criminal action or proceeding a 52 defendant charged with the commission of a felony is at liberty as a 53 result of an order of recognizance, [release under non-monetary condi-54tions] or bail issued pursuant to this article it shall be grounds for 55 revoking such order that the court finds reasonable cause to believe the 56 defendant committed one or more specified class A or violent felonyA. 1754 21 1 offenses or intimidated a victim or witness in violation of section 2 215.15, 215.16 or 215.17 of the penal law while at liberty. 3 [(b) Except as provided in paragraph (a) of this subdivision or any4other law, whenever in the course of a criminal action or proceeding a5defendant charged with the commission of an offense is at liberty as a6result of an order of recognizance, release under non-monetary condi-7tions or bail issued pursuant to this article it shall be grounds for8revoking such order and fixing bail in such criminal action or proceed-9ing when the court has found, by clear and convincing evidence, that the10defendant:11(i) persistently and willfully failed to appear after notice of sched-12uled appearances in the case before the court; or13(ii) violated an order of protection in the manner prohibited by14subdivision (b), (c) or (d) of section 215.51 of the penal law while at15liberty; or16(iii) stands charged in such criminal action or proceeding with a17misdemeanor or violation and, after being so charged, intimidated a18victim or witness in violation of section 215.15, 215.16 or 215.17 of19the penal law or tampered with a witness in violation of section 215.11,20215.12 or 215.13 of the penal law, law while at liberty; or21(iv) stands charged in such action or proceeding with a felony and,22after being so charged, committed a felony while at liberty.23(c)] Before revoking an order of recognizance[, release under non-mon-24etary conditions,] or bail pursuant to this subdivision, the court must 25 hold a hearing and shall receive any relevant, admissible evidence not 26 legally privileged. The defendant may cross-examine witnesses and may 27 present relevant, admissible evidence on his own behalf. Such hearing 28 may be consolidated with, and conducted at the same time as, a felony 29 hearing conducted pursuant to article one hundred eighty of this chap- 30 ter. A transcript of testimony taken before the grand jury upon presen- 31 tation of the subsequent offense shall be admissible as evidence during 32 the hearing. The district attorney may move to introduce grand jury 33 testimony of a witness in lieu of that witness' appearance at the hear- 34 ing. 35 [(d)] (b) Revocation of an order of recognizance[, release under non-36monetary conditions] or bail and [a new securing order fixing bail or] 37 commitment[, as specified in this paragraph and] pursuant to this subdi- 38 vision shall be for the following periods, either: 39 [(i) Under paragraph (a) of this subdivision, revocation of the order40of recognizance, release under non-monetary conditions or, as the case41may be, bail, and a new securing order fixing bail or committing the42defendant to the custody of the sheriff shall be as follows:43(A)] (i) For a period not to exceed ninety days exclusive of any peri- 44 ods of adjournment requested by the defendant; or 45 [(B)] (ii) Until the charges contained within the accusatory instru- 46 ment have been reduced or dismissed such that no count remains which 47 charges the defendant with commission of a felony; or 48 [(C)] (iii) Until reduction or dismissal of the charges contained 49 within the accusatory instrument charging the subsequent offense such 50 that no count remains which charges the defendant with commission of a 51 class A or violent felony offense. 52 Upon expiration of any of the three periods specified within this 53 [subparagraph] paragraph, whichever is shortest, the court may grant or 54 deny release upon an order of bail or recognizance in accordance with 55 the provisions of this article. Upon conviction to an offense theA. 1754 22 1 provisions of this article [five hundred thirty of this chapter] shall 2 apply[; and]. 3 [(ii) Under paragraph (b) of this subdivision, revocation of the order4of recognizance, release under non-monetary conditions or, as the case5may be, bail shall result in the issuance of a new securing order which6may, if otherwise authorized by law, permit the principal's release on7recognizance or release under non-monetary conditions, but shall also8render the defendant eligible for an order fixing bail provided, howev-9er, that in accordance with the principles in this title the court must10select the least restrictive alternative and condition or conditions11that will reasonably assure the principal's return to court. Nothing in12this subparagraph shall be interpreted as shortening the period of13detention, or requiring or authorizing any less restrictive form of a14securing order, which may be imposed pursuant to any other law.15(e)] (c) Notwithstanding the provisions of paragraph (a) [or (b)] of 16 this subdivision a defendant, against whom a felony complaint has been 17 filed which charges the defendant with commission of a class A or 18 violent felony offense [or violation of section 215.15, 215.16 or 215.1719of the penal law] committed while he or she was at liberty as specified 20 therein, may be committed to the custody of the sheriff pending a revo- 21 cation hearing for a period not to exceed seventy-two hours. An addi- 22 tional period not to exceed seventy-two hours may be granted by the 23 court upon application of the district attorney upon a showing of good 24 cause or where the failure to commence the hearing was due to the 25 defendant's request or occurred with his or her consent. Such good cause 26 must consist of some compelling fact or circumstance which precluded 27 conducting the hearing within the initial prescribed period. 28 § 29. Paragraph (a) of subdivision 9 of section 216.05 of the criminal 29 procedure law, as amended by chapter 435 of the laws of 2021, is amended 30 to read as follows: 31 (a) If at any time during the defendant's participation in the judi- 32 cial diversion program, the court has reasonable grounds to believe that 33 the defendant has violated a release condition [in an important respect] 34 or has [willfully] failed to appear before the court as requested, the 35 court [except as provided in subdivision two of section 510.50 of this36chapter regarding a failure to appear,] shall direct the defendant to 37 appear or issue a bench warrant to a police officer or an appropriate 38 peace officer directing him or her to take the defendant into custody 39 and bring the defendant before the court without unnecessary delay; 40 provided, however, that under no circumstances shall a defendant who 41 requires treatment for opioid use be deemed to have violated a release 42 condition on the basis of his or her participation in medically 43 prescribed drug treatments under the care of a health care professional 44 licensed or certified under title eight of the education law, acting 45 within his or her lawful scope of practice. The [relevant] provisions of 46 subdivision one of section 530.60 of this chapter relating to [issuance47of securing orders] revocation of recognizance or bail shall apply to 48 such proceedings under this subdivision. 49 § 30. Section 410.60 of the criminal procedure law, as amended by 50 section 23 of part JJJ of chapter 59 of the laws of 2019, is amended to 51 read as follows: 52 § 410.60 Appearance before court. 53 A person who has been taken into custody pursuant to section 410.40 or 54 [section] 410.50 of this article for violation of a condition of a 55 sentence of probation or a sentence of conditional discharge must forth- 56 with be brought before the court that imposed the sentence. Where aA. 1754 23 1 violation of probation petition and report has been filed and the person 2 has not been taken into custody nor has a warrant been issued, an 3 initial court appearance shall occur within ten business days of the 4 court's issuance of a notice to appear. If the court has reasonable 5 cause to believe that such person has violated a condition of the 6 sentence, it may commit such person to the custody of the sheriff[,] or 7 fix bail[, release such person under non-monetary conditions] or release 8 such person on such person's own recognizance for future appearance at a 9 hearing to be held in accordance with section 410.70 of this article. If 10 the court does not have reasonable cause to believe that such person has 11 violated a condition of the sentence, it must direct that such person be 12 released. 13 § 31. Subdivision 3 of section 620.50 of the criminal procedure law, 14 as amended by section 24 of part JJJ of chapter 59 of the laws of 2019, 15 is amended to read as follows: 16 3. A material witness order must be executed as follows: 17 (a) If the bail is posted and approved by the court, the witness must, 18 as provided in subdivision [two] three of section 510.40 of this part, 19 be released and be permitted to remain at liberty; provided that, where 20 the bail is posted by a person other than the witness himself or 21 herself, he or she may not be so released except upon his or her signed 22 written consent thereto; 23 (b) If the bail is not posted, or if though posted it is not approved 24 by the court, the witness must, as provided in subdivision [two] three 25 of section 510.40 of this part, be committed to the custody of the sher- 26 iff. 27 § 32. Subdivision 5 of section 216 of the judiciary law is REPEALED. 28 § 33. Section 837-u of the executive law is REPEALED. 29 § 34. This act shall take effect immediately.
