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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Apr 29, 2022 |
referred to codes |
Assembly Bill A10077
2021-2022 Legislative Session
Enacts into law components of legislation relating to certain criminal justice reform in the state of New York
download bill text pdfSponsored By
BUTTENSCHON
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2021-A10077 (ACTIVE) - Details
- See Senate Version of this Bill:
- S8720
- Current Committee:
- Assembly Codes
- Law Section:
- Executive Law
- Laws Affected:
- Rpld §150.10 sub 3, §500.10 subs 3-a, 3-b, 21 & 22, §530.45 sub 2-a, §§150.80, 510.43, 510.45, 530.20 & 530.40, amd CP L, generally; add §844, rpld §837-u, Exec L; rpld §216 sub 5, Judy L
- Versions Introduced in 2023-2024 Legislative Session:
-
A2193, S1830
2021-A10077 (ACTIVE) - Summary
Enacts into law components of legislation relating to certain criminal justice reform in the state of New York; establishes law enforcement officer grant funds (Part A); provides judges more discretion regarding securing orders and limiting the lengths of certain orders (Part B); requires affirmative consent for the disclosure of contact information of witnesses to a defendant
2021-A10077 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
10077
I N A S S E M B L Y
April 29, 2022
___________
Introduced by M. of A. BUTTENSCHON -- read once and referred to the
Committee on Codes
AN ACT to amend the executive law, in relation to law enforcement offi-
cer grant funds (Part A); 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 relating thereto (Part B); to amend the criminal proce-
dure law, in relation to requiring affirmative consent for the disclo-
sure of contact information of witnesses to a defendant (Part C); and
to amend the criminal procedure law, in relation to consideration of
the death penalty for the commission of certain provisions of murder
in the first degree (Part D);
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law components of legislation relating
to certain criminal justice reform in the state of New York. Each
component is wholly contained within a Part identified as Parts A
through D. The effective date for each particular provision contained
within such Part is set forth in the last section of such Part. Any
provision in any section contained within a Part, including the effec-
tive date of the Part, which makes reference to a section "of this act",
when used in connection with that particular component, shall be
deemed to mean and refer to the corresponding section of the Part in
which it is found. Section three of this act sets forth the general
effective date of this act.
PART A
Section 1. The executive law is amended by adding a new section 844 to
read as follows:
§ 844. LAW ENFORCEMENT OFFICER GRANT FUNDS. 1. WITHIN AMOUNTS APPRO-
PRIATED FOR SUCH PURPOSE, IN THE YEARS TWO THOUSAND TWENTY-THREE, TWO
THOUSAND TWENTY-FOUR AND TWO THOUSAND TWENTY-FIVE, ONE HUNDRED MILLION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15170-01-2
A. 10077 2
DOLLARS SHALL BE AVAILABLE AND ALLOCATED EACH YEAR PURSUANT TO SUBDIVI-
SIONS TWO AND THREE OF THIS SECTION AND SHALL BE PAID TO COVER ALL
EXPENSES RELATED TO HIRING LAW ENFORCEMENT OFFICERS, INCLUDING ANY BENE-
FITS PROVIDED TO SUCH OFFICERS THROUGH EMPLOYMENT WITH THEIR RESPECTIVE
LAW ENFORCEMENT AGENCY.
2. EIGHTY MILLION DOLLARS OF THE FUNDS ALLOCATED PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION SHALL BE AVAILABLE TO LAW ENFORCEMENT AGENCIES
FOR THE PURPOSE OF HIRING NEW POLICE OFFICERS OR RE-HIRING POLICE OFFI-
CERS WHO HAVE BEEN LAID OFF, HIRING MEMBERS OF THE ARMED FORCES TO SERVE
AS LAW ENFORCEMENT OFFICERS IN CRIME PREVENTION, AND SUPPORTING NON-HIR-
ING INITIATIVES, SUCH AS TRAINING LAW ENFORCEMENT OFFICERS IN CRIME
PREVENTION, COMMUNITY POLICING TECHNIQUES, AND DEVELOPING TECHNOLOGIES
THAT SUPPORT CRIME PREVENTION STRATEGIES. ELIGIBLE LAW ENFORCEMENT
AGENCIES SHALL BE ELIGIBLE FOR UP TO NINETY PERCENT OF THE COSTS ASSOCI-
ATED WITH SUCH HIRING OR NON-HIRING INITIATIVES; PROVIDED, HOWEVER THAT
SUCH LAW ENFORCEMENT AGENCIES SHALL COMMIT TO EMPLOYING SUCH OFFICERS
FOR AT LEAST FIVE YEARS, RETAINING SUCH OFFICERS FOR AT LEAST TWO ADDI-
TIONAL YEARS AFTER THE THREE YEARS OF GRANT FUNDING EXPIRES.
3. TWENTY MILLION DOLLARS OF THE FUNDS ALLOCATED PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION SHALL BE AVAILABLE TO LAW ENFORCEMENT AGENCIES
FOR THE PURCHASE OF EQUIPMENT, SUCH AS FIREARMS, RIOT GEAR, PROTECTIVE
VESTS; PROVIDED, HOWEVER, THAT SUCH GRANT FUNDS SHALL NOT BE EXPENDED ON
THE PURCHASE OR MAINTENANCE OF POLICE CRUISERS OR OTHER VEHICLES USED BY
LAW ENFORCEMENT AGENCIES.
4. THE COMMISSIONER, IN COOPERATION WITH THE ATTORNEY GENERAL AND THE
SUPERINTENDENT OF STATE POLICE, SHALL ESTABLISH ELIGIBILITY CRITERIA AND
THE APPLICATION PROCESS FOR THE GRANTS PROVIDED FOR PURSUANT TO THIS
SECTION. GRANT INFORMATION AND APPLICATION FORMS SHALL BE MADE AVAIL-
ABLE THROUGH THE NEW YORK STATE GRANTS GATEWAY.
§ 2. This act shall take effect immediately.
PART B
Section 1. Subdivision 3 of section 150.10 of the criminal procedure
law is REPEALED.
§ 2. Subdivision 1 of section 1.20 of the criminal procedure law, as
amended by chapter 450 of the laws of 2019, is amended to read as
follows:
1. "Accusatory instrument" means[: (a)] an indictment, an indictment
ordered reduced pursuant to subdivision one-a of section 210.20 of this
chapter, an information, a simplified information, a prosecutor's infor-
mation, a superior court information, a misdemeanor complaint or a felo-
ny complaint. Every accusatory instrument, regardless of the person
designated therein as accuser, constitutes an accusation on behalf of
the state as plaintiff and must be entitled "the people of the state of
New York" against a designated person, known as the defendant[; and
(b) an appearance ticket issued for a parking infraction when (i) such
ticket is based on personal knowledge or information and belief of the
police officer or other public servant who issues the ticket, (ii) the
police officer or other public servant who issues such ticket verifies
that false statements made therein are punishable as a class A misdemea-
nor, (iii) the infraction or infractions contained therein are stated in
detail and not in conclusory terms so as to provide the defendant with
sufficient notice including, but not limited, to the applicable
provision of law allegedly violated, and the date, time and particular
place of the alleged infraction, and (iv) such ticket contains: (1) the
A. 10077 3
license plate designation of the ticketed vehicle, (2) the license plate
type of the ticketed vehicle, (3) the expiration of the ticketed vehi-
cle's registration, (4) the make or model of the ticketed vehicle, and
(5) the body type of the ticketed vehicle, provided, however, that where
the plate type or the expiration date are not shown on either the regis-
tration plates or sticker of a vehicle or where the registration sticker
is covered, faded, defaced or mutilated so that it is unreadable, the
plate type or the expiration date may be omitted, provided, further,
however, that such condition must be so described and inserted on the
instrument].
§ 3. Subdivision 1 of section 150.20 of the criminal procedure law, as
amended by section 1-a of part JJJ of chapter 59 of the laws of 2019, is
amended to read as follows:
1. [(a)] Whenever a police officer is authorized pursuant to section
140.10 of this title to arrest a person without a warrant for an offense
other than a class A, B, C or D felony or a violation of section 130.25,
130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, he [shall,
except as set out in paragraph (b) of this subdivision] OR SHE MAY,
subject to the provisions of subdivisions three and four of section
150.40 of this [title] ARTICLE, instead issue to and serve upon such
person an appearance ticket.
[(b) An officer is not required to issue an appearance ticket if:
(i) the person has one or more outstanding local criminal court or
superior court warrants;
(ii) the person has failed to appear in court proceedings in the last
two years;
(iii) the person has been given a reasonable opportunity to make their
verifiable identity and a method of contact known, and has been unable
or unwilling to do so, so that a custodial arrest is necessary to
subject the individual to the jurisdiction of the court. For the
purposes of this section, an officer may rely on various factors to
determine a person's identity, including but not limited to personal
knowledge of such person, such person's self-identification, or photo-
graphic identification. There is no requirement that a person present
photographic identification in order to be issued an appearance ticket
in lieu of arrest where the person's identity is otherwise verifiable;
however, if offered by such person, an officer shall accept as evidence
of identity the following: a valid driver's license or non-driver iden-
tification card issued by the commissioner of motor vehicles, the feder-
al government, any United States territory, commonwealth or possession,
the District of Columbia, a state government or municipal government
within the United States or a provincial government of the dominion of
Canada; a valid passport issued by the United States government or any
other country; an identification card issued by the armed forces of the
United States; a public benefit card, as defined in paragraph (a) of
subdivision one of section 158.00 of the penal law;
(iv) the person is charged with a crime between members of the same
family or household, as defined in subdivision one of section 530.11 of
this chapter;
(v) the person is charged with a crime defined in article 130 of the
penal law;
(vi) it reasonably appears the person should be brought before the
court for consideration of issuance of an order of protection, pursuant
to section 530.13 of this chapter, based on the facts of the crime or
offense that the officer has reasonable cause to believe occurred;
A. 10077 4
(vii) the person is charged with a crime for which the court may
suspend or revoke his or her driver license;
(viii) it reasonably appears to the officer, based on the observed
behavior of the individual in the present contact with the officer and
facts regarding the person's condition that indicates a sign of distress
to such a degree that the person would face harm without immediate
medical or mental health care, that bringing the person before the court
would be in such person's interest in addressing that need; provided,
however, that before making the arrest, the officer shall make all
reasonable efforts to assist the person in securing appropriate
services.]
§ 4. The criminal procedure law is amended by adding a new section
150.30 to read as follows:
§ 150.30 APPEARANCE TICKET; ISSUANCE AND SERVICE THEREOF AFTER ARREST
UPON POSTING OF PRE-ARRAIGNMENT BAIL.
1. ISSUANCE AND SERVICE OF AN APPEARANCE TICKET BY A POLICE OFFICER
FOLLOWING AN ARREST WITHOUT A WARRANT, AS PRESCRIBED IN SUBDIVISION TWO
OF SECTION 150.20 OF THIS ARTICLE, MAY BE MADE CONDITIONAL UPON THE
POSTING OF A SUM OF MONEY, KNOWN AS PRE-ARRAIGNMENT BAIL. IN SUCH CASE,
THE BAIL BECOMES FORFEIT UPON FAILURE OF SUCH PERSON TO COMPLY WITH THE
DIRECTIONS OF THE APPEARANCE TICKET. THE PERSON POSTING SUCH BAIL MUST
COMPLETE AND SIGN A FORM WHICH STATES (A) THE NAME, RESIDENTIAL ADDRESS
AND OCCUPATION OF EACH PERSON POSTING CASH BAIL; AND (B) THE TITLE OF
THE CRIMINAL ACTION OR PROCEEDING INVOLVED; AND (C) THE OFFENSE OR
OFFENSES WHICH ARE THE SUBJECTS OF THE ACTION OR PROCEEDING INVOLVED,
AND THE STATUS OF SUCH ACTION OR PROCEEDING; AND (D) THE NAME OF THE
PRINCIPAL AND THE NATURE OF HIS OR HER INVOLVEMENT IN OR CONNECTION WITH
SUCH ACTION OR PROCEEDING; AND (E) THE DATE OF THE PRINCIPAL'S NEXT
APPEARANCE IN COURT; AND (F) AN ACKNOWLEDGEMENT THAT THE CASH BAIL WILL
BE FORFEITED IF THE PRINCIPAL DOES NOT COMPLY WITH THE DIRECTIONS OF THE
APPEARANCE TICKET; AND (G) THE AMOUNT OF MONEY POSTED AS CASH BAIL. SUCH
PRE-ARRAIGNMENT BAIL MAY BE POSTED AS PROVIDED IN SUBDIVISION TWO OR
THREE OF THIS SECTION.
2. A DESK OFFICER IN CHARGE AT A POLICE STATION, COUNTY JAIL, OR
POLICE HEADQUARTERS, OR ANY OF HIS OR HER SUPERIOR OFFICERS, MAY IN SUCH
PLACE, FIX PRE-ARRAIGNMENT BAIL, IN AN AMOUNT PRESCRIBED IN THIS SUBDI-
VISION, AND UPON THE POSTING THEREOF MUST ISSUE AND SERVE AN APPEARANCE
TICKET UPON THE ARRESTED PERSON, GIVE A RECEIPT FOR THE BAIL, AND
RELEASE SUCH PERSON FROM CUSTODY. SUCH PRE-ARRAIGNMENT BAIL MAY BE FIXED
IN THE FOLLOWING AMOUNTS:
(A) IF THE ARREST WAS FOR A CLASS E FELONY, ANY AMOUNT NOT EXCEEDING
SEVEN HUNDRED FIFTY DOLLARS.
(B) IF THE ARREST WAS FOR A CLASS A MISDEMEANOR, ANY AMOUNT NOT
EXCEEDING FIVE HUNDRED DOLLARS.
(C) IF THE ARREST WAS FOR A CLASS B MISDEMEANOR OR AN UNCLASSIFIED
MISDEMEANOR, ANY AMOUNT NOT EXCEEDING TWO HUNDRED FIFTY DOLLARS.
(D) IF THE ARREST WAS FOR A PETTY OFFENSE, ANY AMOUNT NOT EXCEEDING
ONE HUNDRED DOLLARS.
3. A POLICE OFFICER, WHO HAS ARRESTED A PERSON WITHOUT A WARRANT
PURSUANT TO SUBDIVISION TWO OF SECTION 150.20 OF THIS ARTICLE FOR A
TRAFFIC INFRACTION, MAY, WHERE HE OR SHE REASONABLY BELIEVES THAT SUCH
ARRESTED PERSON IS NOT LICENSED TO OPERATE A MOTOR VEHICLE BY THIS STATE
OR ANY STATE COVERED BY A RECIPROCAL COMPACT GUARANTEEING APPEARANCE AS
IS PROVIDED IN SECTION FIVE HUNDRED SEVENTEEN OF THE VEHICLE AND TRAFFIC
LAW, FIX PRE-ARRAIGNMENT BAIL IN THE AMOUNT OF FIFTY DOLLARS; PROVIDED,
HOWEVER, SUCH BAIL SHALL BE POSTED BY MEANS OF A CREDIT CARD OR SIMILAR
A. 10077 5
DEVICE. UPON THE POSTING THEREOF, SAID OFFICER MUST ISSUE AND SERVE AN
APPEARANCE TICKET UPON THE ARRESTED PERSON, GIVE A RECEIPT FOR THE BAIL,
AND RELEASE SUCH PERSON FROM CUSTODY.
4. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ESTABLISH A SYSTEM FOR
THE POSTING OF PRE-ARRAIGNMENT BAIL BY MEANS OF CREDIT CARD OR SIMILAR
DEVICE, AS IS PROVIDED BY SECTION TWO HUNDRED TWELVE OF THE JUDICIARY
LAW. THE HEAD OF EACH POLICE DEPARTMENT OR POLICE FORCE AND OF ANY STATE
DEPARTMENT, AGENCY, BOARD, COMMISSION OR PUBLIC AUTHORITY HAVING POLICE
OFFICERS WHO FIX PRE-ARRAIGNMENT BAIL AS PROVIDED HEREIN MAY ELECT TO
USE THE SYSTEM ESTABLISHED BY THE CHIEF ADMINISTRATOR OR MAY ESTABLISH
SUCH OTHER SYSTEM FOR THE POSTING OF PRE-ARRAIGNMENT BAIL BY MEANS OF
CREDIT CARD OR SIMILAR DEVICE AS HE OR SHE MAY DEEM APPROPRIATE.
§ 5. Subdivision 1 of section 150.40 of the criminal procedure law, as
amended by section 8 of part UU of chapter 56 of the laws of 2020, is
amended to read as follows:
1. An appearance ticket must be made returnable [at a date as soon as
possible, but in no event later than twenty days from the date of issu-
ance; or at the next scheduled session of the appropriate local criminal
court if such session is scheduled to occur more than twenty days from
the date of issuance; or at a later date, with the court's permission
due to enrollment in a pre-arraignment diversion program. The appearance
ticket shall be made returnable] in a local criminal court designated in
section 100.55 of this title as one with which an information for the
offense in question may be filed.
§ 6. Subdivision 1 of section 150.50 of the criminal procedure law, as
amended by chapter 450 of the laws of 2019, is amended to read as
follows:
1. A police officer or other public servant who has issued and served
an appearance ticket must, at or before the time such appearance ticket
is returnable, file or cause to be filed with the local criminal court
in which it is returnable a local criminal court accusatory instrument
charging the person named in such appearance ticket with the offense
specified therein[; provided, however, that no separate accusatory
instrument shall be required to be filed for an appearance ticket issued
for a parking infraction which conforms to the requirements set forth in
paragraph (b) of subdivision one of section 1.20 of this chapter]. Noth-
ing herein contained shall authorize the use of a simplified information
when not authorized by law.
§ 7. Section 150.80 of the criminal procedure law is REPEALED.
§ 8. Subdivisions 3-a, 3-b, 21 and 22 of section 500.10 of the crimi-
nal procedure law are REPEALED.
§ 9. Subdivisions 5, 6, 7 and 9 of section 500.10 of the criminal
procedure law, as amended by section 1-e of part JJJ of chapter 59 of
the laws of 2019, are amended to read as follows:
5. "Securing order" means an order of a court committing a principal
to the custody of the sheriff or fixing bail, [where authorized,] or
releasing the principal on the principal's own recognizance [or releas-
ing the principal under non-monetary conditions].
6. "Order of recognizance or bail" means a securing order releasing a
principal on the principal's own recognizance or [under non-monetary
conditions or, where authorized,] fixing bail.
7. "Application for recognizance or bail" means an application by a
principal that the court, instead of committing the principal to or
retaining the principal in the custody of the sheriff, either release
the principal on the principal's own recognizance[, release under non-
monetary conditions, or, where authorized,] OR fix bail.
A. 10077 6
9. "Bail" means cash bail[,] OR a bail bond [or money paid with a
credit card].
§ 10. Section 510.10 of the criminal procedure law, as amended by
section 2 of part JJJ of chapter 59 of the laws of 2019 and subdivision
4 as amended by section 2 of part UU of chapter 56 of the laws of 2020,
is amended to read as follows:
§ 510.10 Securing order; when required[; alternatives available; stand-
ard to be applied].
1. When a principal, whose future court attendance at a criminal
action or proceeding is or may be required, INITIALLY comes under the
control of a court, such court shall[, in accordance with this title,]
by a securing order, EITHER release the principal on the principal's own
recognizance, [release the principal under non-monetary conditions, or,
where authorized,] fix bail or commit the principal to the custody of
the sheriff. [In all such cases, except where another type of securing
order is shown to be required by law, the court shall release the prin-
cipal pending trial on the principal's own recognizance, unless it is
demonstrated and the court makes an individualized determination that
the principal poses a risk of flight to avoid prosecution. If such a
finding is made, the court must select the least restrictive alternative
and condition or conditions that will reasonably assure the principal's
return to court. The court shall explain its choice of release, release
with conditions, bail or remand on the record or in writing.
2. A principal is entitled to representation by counsel under this
chapter in preparing an application for release, when a securing order
is being considered and when a securing order is being reviewed for
modification, revocation or termination. If the principal is financially
unable to obtain counsel, counsel shall be assigned to the principal.
3. In cases other than as described in subdivision four of this
section the court shall release the principal pending trial on the prin-
cipal's own recognizance, unless the court finds on the record or in
writing that release on the principal's own recognizance will not
reasonably assure the principal's return to court. In such instances,
the court shall release the principal under non-monetary conditions,
selecting the least restrictive alternative and conditions that will
reasonably assure the principal's return to court. The court shall
explain its choice of alternative and conditions on the record or in
writing.
4. Where the principal stands charged with a qualifying offense, the
court, unless otherwise prohibited by law, may in its discretion release
the principal pending trial on the principal's own recognizance or under
non-monetary conditions, fix bail, or, where the defendant is charged
with a qualifying offense which is a felony, the court may commit the
principal to the custody of the sheriff. A principal stands charged with
a qualifying offense for the purposes of this subdivision when he or she
stands charged with:
(a) a felony enumerated in section 70.02 of the penal law, other than
robbery in the second degree as defined in subdivision one of section
160.10 of the penal law, provided, however, that burglary in the second
degree as defined in subdivision two of section 140.25 of the penal law
shall be a qualifying offense only where the defendant is charged with
entering the living area of the dwelling;
(b) a crime involving witness intimidation under section 215.15 of the
penal law;
(c) a crime involving witness tampering under section 215.11, 215.12
or 215.13 of the penal law;
A. 10077 7
(d) a class A felony defined in the penal law, provided that for class
A felonies under article two hundred twenty of the penal law, only class
A-I felonies shall be a qualifying offense;
(e) a sex trafficking offense defined in section 230.34 or 230.34-a of
the penal law, or a felony sex offense defined in section 70.80 of the
penal law, or a crime involving incest as defined in section 255.25,
255.26 or 255.27 of such law, or a misdemeanor defined in article one
hundred thirty of such law;
(f) conspiracy in the second degree as defined in section 105.15 of
the penal law, where the underlying allegation of such charge is that
the defendant conspired to commit a class A felony defined in article
one hundred twenty-five of the penal law;
(g) money laundering in support of terrorism in the first degree as
defined in section 470.24 of the penal law; money laundering in support
of terrorism in the second degree as defined in section 470.23 of the
penal law; money laundering in support of terrorism in the third degree
as defined in section 470.22 of the penal law; money laundering in
support of terrorism in the fourth degree as defined in section 470.21
of the penal law; or a felony crime of terrorism as defined in article
four hundred ninety of the penal law, other than the crime defined in
section 490.20 of such law;
(h) criminal contempt in the second degree as defined in subdivision
three of section 215.50 of the penal law, criminal contempt in the first
degree as defined in subdivision (b), (c) or (d) of section 215.51 of
the penal law or aggravated criminal contempt as defined in section
215.52 of the penal law, and the underlying allegation of such charge of
criminal contempt in the second degree, criminal contempt in the first
degree or aggravated criminal contempt is that the defendant violated a
duly served order of protection where the protected party is a member of
the defendant's same family or household as defined in subdivision one
of section 530.11 of this title;
(i) facilitating a sexual performance by a child with a controlled
substance or alcohol as defined in section 263.30 of the penal law, use
of a child in a sexual performance as defined in section 263.05 of the
penal law or luring a child as defined in subdivision one of section
120.70 of the penal law, promoting an obscene sexual performance by a
child as defined in section 263.10 of the penal law or promoting a sexu-
al performance by a child as defined in section 263.15 of the penal law;
(j) any crime that is alleged to have caused the death of another
person;
(k) criminal obstruction of breathing or blood circulation as defined
in section 121.11 of the penal law, strangulation in the second degree
as defined in section 121.12 of the penal law or unlawful imprisonment
in the first degree as defined in section 135.10 of the penal law, and
is alleged to have committed the offense against a member of the defend-
ant's same family or household as defined in subdivision one of section
530.11 of this title;
(l) aggravated vehicular assault as defined in section 120.04-a of the
penal law or vehicular assault in the first degree as defined in section
120.04 of the penal law;
(m) assault in the third degree as defined in section 120.00 of the
penal law or arson in the third degree as defined in section 150.10 of
the penal law, when such crime is charged as a hate crime as defined in
section 485.05 of the penal law;
(n) aggravated assault upon a person less than eleven years old as
defined in section 120.12 of the penal law or criminal possession of a
A. 10077 8
weapon on school grounds as defined in section 265.01-a of the penal
law;
(o) grand larceny in the first degree as defined in section 155.42 of
the penal law, enterprise corruption as defined in section 460.20 of the
penal law, or money laundering in the first degree as defined in section
470.20 of the penal law;
(p) failure to register as a sex offender pursuant to section one
hundred sixty-eight-t of the correction law or endangering the welfare
of a child as defined in subdivision one of section 260.10 of the penal
law, where the defendant is required to maintain registration under
article six-C of the correction law and designated a level three offen-
der pursuant to subdivision six of section one hundred sixty-eight-l of
the correction law;
(q) a crime involving bail jumping under section 215.55, 215.56 or
215.57 of the penal law, or a crime involving escaping from custody
under section 205.05, 205.10 or 205.15 of the penal law;
(r) any felony offense committed by the principal while serving a
sentence of probation or while released to post release supervision;
(s) a felony, where the defendant qualifies for sentencing on such
charge as a persistent felony offender pursuant to section 70.10 of the
penal law; or
(t) any felony or class A misdemeanor involving harm to an identifi-
able person or property, where such charge arose from conduct occurring
while the defendant was released on his or her own recognizance or
released under conditions for a separate felony or class A misdemeanor
involving harm to an identifiable person or property, provided, however,
that the prosecutor must show reasonable cause to believe that the
defendant committed the instant crime and any underlying crime. For the
purposes of this subparagraph, any of the underlying crimes need not be
a qualifying offense as defined in this subdivision.
5. Notwithstanding the provisions of subdivisions three and four of
this section, with respect to any charge for which bail or remand is not
ordered, and for which the court would not or could not otherwise
require bail or remand, a defendant may, at any time, request that the
court set bail in a nominal amount requested by the defendant in the
form specified in paragraph (a) of subdivision one of section 520.10 of
this title; if the court is satisfied that the request is voluntary, the
court shall set such bail in such amount.
6.] When a securing order is revoked or otherwise terminated in the
course of an uncompleted action or proceeding but the principal's future
court attendance still is or may be required and the principal is still
under the control of a court, a new securing order must be issued. When
the court revokes or otherwise terminates a securing order which commit-
ted the principal to the custody of the sheriff, the court shall give
written notification to the sheriff of such revocation or termination of
the securing order.
2. THE COURT SHALL RELEASE THE PRINCIPAL ON PERSONAL RECOGNIZANCE OR
ON BAIL UNLESS THE COURT MAKES AN INDIVIDUALIZED DETERMINATION THAT: (A)
THE PRINCIPAL POSES A RISK OF FLIGHT TO AVOID PROSECUTION; (B) THE PRIN-
CIPAL POSES A RISK OF FAILING TO APPEAR IN COURT BASED ON THE PRINCI-
PAL'S RECORD OF A PRIOR CRIMINAL CONVICTION OR FAILURE TO APPEAR IN
PRIOR COURT PROCEEDINGS; OR (C) THE PRINCIPAL POSES A RISK OF ENDANGER-
ING THE SAFETY OF ANY OTHER PERSON OR THE COMMUNITY. IF THE COURT FINDS
THAT THE PRINCIPAL POSES A RISK OF FLIGHT OR A RISK OF FAILURE TO APPEAR
BUT DOES NOT POSE A RISK OF ENDANGERING THE SAFETY OF ANY OTHER PERSON
OR THE COMMUNITY, THE COURT SHALL RELEASE THE PRINCIPAL SUBJECT TO THE
A. 10077 9
LOWEST REASONABLE BAIL AND/OR THE LEAST RESTRICTIVE FURTHER CONDITION OR
COMBINATION OF CONDITIONS THAT WILL REASONABLY ENSURE THE APPEARANCE OF
THE PRINCIPAL CONSIDERING THE NATURE AND CIRCUMSTANCES OF THE CHARGED
OFFENSE, THE WEIGHT OF THE EVIDENCE, THE HISTORY AND CHARACTERISTICS OF
THE PRINCIPAL, AND THE NATURE AND SERIOUSNESS OF THE DANGER POSED BY THE
PRINCIPAL'S RELEASE. IF THE COURT DETERMINES THAT NO CONDITION OR COMBI-
NATION OF CONDITIONS WILL REASONABLY ASSURE THE APPEARANCE OF THE PRIN-
CIPAL AND THE SAFETY OF ANY OTHER PERSON OF THE COMMUNITY, THE COURT
SHALL ORDER DETENTION WITHOUT BAIL.
3. IF THE PRINCIPAL IS ARRESTED DURING THE INTERIM PERIOD WHILE AWAIT-
ING A PRELIMINARY HEARING OR TRIAL, THE COURT SHALL REVOKE OR OTHERWISE
TERMINATE THE SECURING ORDER AND ISSUE A NEW SECURING ORDER TAKING INTO
ACCOUNT THE SUBSEQUENT ARREST.
4. (A) ALL SECURING ORDERS ISSUED UNDER THIS SECTION WHERE THE PRINCI-
PAL IS INCARCERATED SOLELY BECAUSE OF SAID ORDER SHALL BE REVIEWED AND
RE-EVALUATED BY THE COURT NO LATER THAN:
(I) EVERY FOUR WEEKS THEREAFTER WHERE A CLASS A MISDEMEANOR IS THE
HIGHEST GRADE OFFENSE;
(II) EVERY SIX WEEKS THEREAFTER WHERE A CLASS E FELONY IS THE HIGHEST
GRADE OFFENSE;
(III) EVERY EIGHT WEEKS THEREAFTER WHERE A CLASS D FELONY IS THE HIGH-
EST GRADE OFFENSE;
(IV) EVERY TEN WEEKS THEREAFTER WHERE A CLASS C FELONY IS THE HIGHEST
GRADE OFFENSE; OR
(V) EVERY TWELVE WEEKS THEREAFTER WHERE A CLASS B FELONY IS THE HIGH-
EST GRADE OFFENSE.
(B) UPON SUCH REVIEW OR RE-EVALUATION, THE COURT SHALL RECONSIDER
WHETHER THE PRINCIPAL SHOULD BE RELEASED ON PERSONAL RECOGNIZANCE OR
UPON POSTING REDUCED BAIL IN THE INTERESTS OF JUSTICE AFTER CONSIDERING
THE LENGTH OF TIME THE PRINCIPAL HAS ALREADY BEEN INCARCERATED, THE
LIKELY SENTENCE THAT WOULD BE IMPOSED IF THE PRINCIPAL WERE FOUND GUILTY
OR PLEAD GUILTY TO THE CHARGED OFFENSE, THE NATURE AND CIRCUMSTANCES OF
THE CHARGED OFFENSE, THE WEIGHT OF THE EVIDENCE, THE HISTORY AND CHARAC-
TERISTICS OF THE PRINCIPAL, THE NATURE AND SERIOUSNESS OF THE DANGER
POSED BY THE PRINCIPAL'S RELEASE, AND WHETHER THE PRINCIPAL SHOULD BE
RELEASED SUBJECT TO A FURTHER CONDITION, OR COMBINATION OF CONDITIONS,
THAT REASONABLY JUSTIFIES THE RELEASE OF THE PRINCIPAL ON PERSONAL
RECOGNIZANCE OR REDUCED BAIL, AND SUCH OTHER FACTORS IN THE INTERESTS OF
JUSTICE AS REASONABLY DETERMINED BY THE COURT BASED ON AN INDIVIDUALIZED
DETERMINATION AS TO WHETHER AND TO WHAT EXTENT THAT THE PRINCIPAL
CONTINUES TO POSE A RISK OF FLIGHT TO AVOID PROSECUTION, CONTINUES TO
POSE A RISK OF FAILING TO APPEAR IN COURT BASED ON THE PRINCIPAL'S
RECORD OF A PRIOR CRIMINAL CONVICTION OR FAILURE TO APPEAR IN PRIOR
COURT PROCEEDINGS, OR CONTINUES TO POSE A RISK OF ENDANGERING THE SAFETY
OF ANY OTHER PERSON OR THE COMMUNITY. IF THE COURT DETERMINES THAT NO
CONDITION OR COMBINATION OF CONDITIONS WILL REASONABLY ENSURE THE
APPEARANCE OF THE PRINCIPAL AND THE SAFETY OF ANY OTHER PERSON OF THE
COMMUNITY, THE COURT SHALL CONTINUE TO DETAIN THE PRINCIPAL WITHOUT BAIL
OR WITHOUT A REDUCTION IN THE AMOUNT OF THE BAIL.
§ 11. Section 510.20 of the criminal procedure law, as amended by
section 3 of part JJJ of chapter 59 of the laws of 2019, is amended to
read as follows:
§ 510.20 Application for [a change in securing order] RECOGNIZANCE OR
BAIL; MAKING AND DETERMINATION THEREOF IN GENERAL.
1. Upon any occasion when a court [has issued] IS REQUIRED TO ISSUE a
securing order with respect to a principal [and the], OR AT ANY TIME
A. 10077 10
WHEN A principal is confined in the custody of the sheriff as a result
of the securing order or a previously issued securing order, the princi-
pal may make an application for recognizance[, release under non-mone-
tary conditions] or bail.
2. [(a) The principal is entitled to representation by counsel in the
making and presentation of such application. If the principal is finan-
cially unable to obtain counsel, counsel shall be assigned to the prin-
cipal.
(b)] Upon such application, the principal must be accorded an opportu-
nity to be heard[, present evidence] and to contend that an order of
recognizance[, release under non-monetary conditions] or[, where author-
ized,] bail must or should issue, that the court should release the
principal on the principal's own recognizance [or under non-monetary
conditions] rather than fix bail, and that if bail is [authorized and]
fixed it should be in a suggested amount and form.
§ 12. Section 510.30 of the criminal procedure law, as amended by
section 5 of part JJJ of chapter 59 of the laws of 2019, is amended to
read as follows:
§ 510.30 Application for [securing order] RECOGNIZANCE OR BAIL; rules of
law and criteria controlling determination.
1. DETERMINATIONS OF APPLICATIONS FOR RECOGNIZANCE OR BAIL ARE NOT IN
ALL CASES DISCRETIONARY BUT ARE SUBJECT TO RULES, PRESCRIBED IN ARTICLE
FIVE HUNDRED THIRTY OF THIS TITLE AND OTHER PROVISIONS OF LAW RELATING
TO SPECIFIC KINDS OF CRIMINAL ACTIONS AND PROCEEDINGS, PROVIDING (A)
THAT IN SOME CIRCUMSTANCES SUCH AN APPLICATION MUST AS A MATTER OF LAW
BE GRANTED, (B) THAT IN OTHERS IT MUST AS A MATTER OF LAW BE DENIED AND
THE PRINCIPAL COMMITTED TO OR RETAINED IN THE CUSTODY OF THE SHERIFF,
AND (C) THAT IN OTHERS THE GRANTING OR DENIAL THEREOF IS A MATTER OF
JUDICIAL DISCRETION.
2. TO THE EXTENT THAT THE ISSUANCE OF AN ORDER OF RECOGNIZANCE OR BAIL
AND THE TERMS THEREOF ARE MATTERS OF DISCRETION RATHER THAN OF LAW, AN
APPLICATION IS DETERMINED ON THE BASIS OF THE FOLLOWING FACTORS AND
CRITERIA:
(A) With respect to any principal, the court [in all cases, unless
otherwise provided by law,] must [impose the least restrictive] CONSIDER
THE kind and degree of control or restriction that is necessary to
secure the principal's return to court when required. In determining
that matter, the court must, on the basis of available information,
consider and take into account:
(I) THE PRINCIPAL'S CHARACTER, REPUTATION, HABITS AND MENTAL CONDI-
TION;
(II) THE PRINCIPAL'S EMPLOYMENT AND FINANCIAL RESOURCES;
(III) THE PRINCIPAL'S FAMILY TIES AND THE LENGTH OF HIS OR HER RESI-
DENCE IF ANY IN THE COMMUNITY;
(IV) [information about the principal that is relevant to the princi-
pal's return to court, including:
(a) The principal's activities and history;
(b) If the principal is a defendant, the charges facing the principal;
(c)] The principal's criminal [conviction] record if any;
[(d)] (V) The principal's record of previous adjudication as a juve-
nile delinquent, as retained pursuant to section 354.2 of the family
court act, or, of pending cases where fingerprints are retained pursuant
to section 306.1 of such act, or a youthful offender, if any;
[(e)] (VI) The principal's previous record IF ANY IN RESPONDING TO
COURT APPEARANCES WHEN REQUIRED OR with respect to flight to avoid crim-
inal prosecution;
A. 10077 11
[(f) If monetary bail is authorized, according to the restrictions set
forth in this title, the principal's individual financial circumstances,
and, in cases where bail is authorized, the principal's ability to post
bail without posing undue hardship, as well as his or her ability to
obtain a secured, unsecured, or partially secured bond;
(g)] (VII) Where the principal is charged with a crime or crimes
against a member or members of the same family or household as that term
is defined in subdivision one of section 530.11 of this title, the
following factors:
[(i)] (A) any violation by the principal of an order of protection
issued by any court for the protection of a member or members of the
same family or household as that term is defined in subdivision one of
section 530.11 of this title, whether or not such order of protection is
currently in effect; and
[(ii)] (B) the principal's history of use or possession of a firearm;
[and
(h)] (VIII) If the principal is a defendant, THE WEIGHT OF THE
EVIDENCE AGAINST HIM OR HER IN THE PENDING CRIMINAL ACTION AND ANY OTHER
FACTOR INDICATING PROBABILITY OR IMPROBABILITY OF CONVICTION; OR, in the
case of an application for [a securing order] BAIL OR RECOGNIZANCE pend-
ing appeal, the merit or lack of merit of the appeal; AND
(IX) IF HE OR SHE IS A DEFENDANT, THE SENTENCE WHICH MAY BE OR HAS
BEEN IMPOSED UPON CONVICTION.
[2.] (B) Where the principal is a defendant-appellant in a pending
appeal from a judgment of conviction, the court must also consider the
likelihood of ultimate reversal of the judgment. A determination that
the appeal is palpably without merit alone justifies, but does not
require, a denial of the application, regardless of any determination
made with respect to the factors specified in PARAGRAPH (A) OF THIS
subdivision [one of this section].
3. When bail or recognizance is ordered, the court shall inform the
principal, if the principal is a defendant charged with the commission
of a felony, that the release is conditional and that the court may
revoke the order of release and [may be authorized] to commit the prin-
cipal to the custody of the sheriff in accordance with the provisions of
subdivision two of section 530.60 of this [chapter] TITLE if the princi-
pal commits a subsequent felony while at liberty upon such order.
§ 13. Section 510.40 of the criminal procedure law, as amended by
section 6 of part JJJ of chapter 59 of the laws of 2019 and paragraph
(c) of subdivision 4 as amended by section 7 of part UU of chapter 56 of
the laws of 2020, is amended to read as follows:
§ 510.40 [Court notification to principal of conditions of release and
of alleged violations of conditions of release] APPLICATION
FOR RECOGNIZANCE OR BAIL; DETERMINATION THEREOF, FORM OF
SECURING ORDER AND EXECUTION THEREOF.
1. AN APPLICATION FOR RECOGNIZANCE OR BAIL MUST BE DETERMINED BY A
SECURING ORDER WHICH EITHER:
(A) GRANTS THE APPLICATION AND RELEASES THE PRINCIPAL ON HIS OR HER
OWN RECOGNIZANCE; OR
(B) GRANTS THE APPLICATION AND FIXES BAIL; OR
(C) DENIES THE APPLICATION AND COMMITS THE PRINCIPAL TO, OR RETAINS
HIM OR HER IN, THE CUSTODY OF THE SHERIFF.
2. Upon ordering that a principal be released on the principal's own
recognizance, [or released under non-monetary conditions, or, if bail
has been fixed, upon the posting of bail,] the court must direct the
principal to appear in the criminal action or proceeding involved when-
A. 10077 12
ever the principal's attendance may be required and to [be] RENDER THE
PRINCIPAL at all times amenable to the orders and processes of the
court. If such principal is in the custody of the sheriff or at liberty
upon bail at the time of the order, the court must direct that the prin-
cipal be discharged from such custody or, as the case may be, that the
principal's bail be exonerated.
[2.] 3. Upon the issuance of an order fixing bail[, where authorized,]
and upon the posting thereof, the court must examine the bail to deter-
mine whether it complies with the order. If it does, the court must, in
the absence of some factor or circumstance which in law requires or
authorizes disapproval thereof, approve the bail and must issue a
certificate of release, authorizing the principal to be at liberty, and,
if the principal is in the custody of the sheriff at the time, directing
the sheriff to discharge the principal therefrom. If the bail fixed is
not posted, or is not approved after being posted, the court must order
that the principal be committed to the custody of the sheriff. [In the
event of any such non-approval, the court shall explain promptly in
writing the reasons therefor.
3. Non-monetary conditions of release shall be individualized and
established in writing by the court. At future court appearances, the
court shall consider a lessening of conditions or modification of condi-
tions to a less burdensome form based on the principal's compliance with
such conditions of release. In the event of alleged non-compliance with
the conditions of release in an important respect, pursuant to this
subdivision, additional conditions may be imposed by the court, on the
record or in writing, only after notice of the facts and circumstances
of such alleged non-compliance, reasonable under the circumstances,
affording the principal and the principal's attorney and the people an
opportunity to present relevant, admissible evidence, relevant witnesses
and to cross-examine witnesses, and a finding by clear and convincing
evidence that the principal violated a condition of release in an impor-
tant respect. Following such a finding, in determining whether to impose
additional conditions for non-compliance, the court shall consider and
may select conditions consistent with the court's obligation to impose
the least restrictive condition or conditions that will reasonably
assure the defendant's return to court. The court shall explain on the
record or in writing the reasons for its determination and for any
changes to the conditions imposed.
4. (a) Electronic monitoring of a principal's location may be ordered
only if the court finds, after notice, an opportunity to be heard and an
individualized determination explained on the record or in writing, that
the defendant qualifies for electronic monitoring in accordance with
subdivision twenty-one of section 500.10 of this title, and no other
realistic non-monetary condition or set of non-monetary conditions will
suffice to reasonably assure a principal's return to court.
(b) The specific method of electronic monitoring of the principal's
location must be approved by the court. It must be the least restrictive
procedure and method that will reasonably assure the principal's return
to court, and unobtrusive to the greatest extent practicable.
(c) Electronic monitoring of the location of a principal may be
conducted only by a public entity under the supervision and control of a
county or municipality or a non-profit entity under contract to the
county, municipality or the state. A county or municipality shall be
authorized to enter into a contract with another county or municipality
in the state to monitor principals under non-monetary conditions of
release in its county, but counties, municipalities and the state shall
A. 10077 13
not contract with any private for-profit entity for such purposes.
Counties, municipalities and the state may contract with a private for-
profit entity to supply electronic monitoring devices or other items,
provided that any interaction with persons under electronic monitoring
or the data produced by such monitoring shall be conducted solely by
employees of a county, municipality, the state, or a non-profit entity
under contract with such county, municipality or the state.
(d) Electronic monitoring of a principal's location may be for a maxi-
mum period of sixty days, and may be renewed for such period, after
notice, an opportunity to be heard and a de novo, individualized deter-
mination in accordance with this subdivision, which shall be explained
on the record or in writing.
A defendant subject to electronic location monitoring under this
subdivision shall be considered held or confined in custody for purposes
of section 180.80 of this chapter and shall be considered committed to
the custody of the sheriff for purposes of section 170.70 of the chap-
ter, as applicable.
5. If a principal is released under non-monetary conditions, the court
shall, on the record and in an individualized written document provided
to the principal, notify the principal, in plain language and a manner
sufficiently clear and specific:
(a) of any conditions to which the principal is subject, to serve as a
guide for the principal's conduct; and
(b) that the possible consequences for violation of such a condition
may include revocation of the securing order and the ordering of a more
restrictive securing order.]
§ 14. Sections 510.43 and 510.45 of the criminal procedure law are
REPEALED.
§ 15. Section 510.50 of the criminal procedure law, as amended by
section 9 of part JJJ of chapter 59 of the laws of 2019, is amended to
read as follows:
§ 510.50 Enforcement of securing order.
[1.] When the attendance of a principal confined in the custody of the
sheriff is required at the criminal action or proceeding at a particular
time and place, the court may compel such attendance by directing the
sheriff to produce the principal at such time and place. If the princi-
pal is at liberty on the principal's own recognizance [or non-monetary
conditions] or on bail, the principal's attendance may be achieved or
compelled by various methods, including notification and the issuance of
a bench warrant, prescribed by law in provisions governing such matters
with respect to the particular kind of action or proceeding involved.
[2. Except when the principal is charged with a new crime while at
liberty, absent relevant, credible evidence demonstrating that a princi-
pal's failure to appear for a scheduled court appearance was willful,
the court, prior to issuing a bench warrant for a failure to appear for
a scheduled court appearance, shall provide at least forty-eight hours
notice to the principal or the principal's counsel that the principal is
required to appear, in order to give the principal an opportunity to
appear voluntarily.]
§ 16. Paragraph (b) of subdivision 2 of section 520.10 of the criminal
procedure law, as amended by section 10 of part JJJ of chapter 59 of the
laws of 2019, is amended to read as follows:
(b) The court [shall] MAY direct that the bail be posted in any one of
[three] TWO or more of the forms specified in subdivision one of this
section, designated in the alternative, and may designate different
amounts varying with the forms[, except that one of the forms shall be
A. 10077 14
either an unsecured or partially secured surety bond, as selected by the
court].
§ 17. Section 530.10 of the criminal procedure law, as amended by
section 11 of part JJJ of chapter 59 of the laws of 2019, is amended to
read as follows:
§ 530.10 Order of recognizance [release under non-monetary conditions]
or bail; in general.
Under circumstances prescribed in this article, a court, upon applica-
tion of a defendant charged with or convicted of an offense, is required
[to issue a securing order] OR AUTHORIZED TO ORDER BAIL OR RECOGNIZANCE
for THE RELEASE OR PROSPECTIVE RELEASE OF such defendant during the
pendency of either:
1. A criminal action based upon such charge; or
2. An appeal taken by the defendant from a judgment of conviction or a
sentence or from an order of an intermediate appellate court affirming
or modifying a judgment of conviction or a sentence.
§ 18. Subdivision 4 of section 530.11 of the criminal procedure law,
as amended by section 12 of part JJJ of chapter 59 of the laws of 2019,
is amended to read as follows:
4. When a person is arrested for an alleged family offense or an
alleged violation of an order of protection or temporary order of
protection or arrested pursuant to a warrant issued by the supreme or
family court, and the supreme or family court, as applicable, is not in
session, such person shall be brought before a local criminal court in
the county of arrest or in the county in which such warrant is return-
able pursuant to article one hundred twenty of this chapter. Such local
criminal court may issue any order authorized under subdivision eleven
of section 530.12 of this article, section one hundred fifty-four-d or
one hundred fifty-five of the family court act or subdivision three-b of
section two hundred forty or subdivision two-a of section two hundred
fifty-two of the domestic relations law, in addition to discharging
other arraignment responsibilities as set forth in this chapter. In
making such order, the local criminal court shall consider [de novo] the
BAIL recommendation [and securing order], if any, made by the supreme or
family court as indicated on the warrant or certificate of warrant.
Unless the petitioner or complainant requests otherwise, the court, in
addition to scheduling further criminal proceedings, if any, regarding
such alleged family offense or violation allegation, shall make such
matter returnable in the supreme or family court, as applicable, on the
next day such court is in session.
§ 19. Subdivision 11 of section 530.12 of the criminal procedure law,
as amended by section 15 of part JJJ of chapter 59 of the laws of 2019,
is amended to read as follows:
11. If a defendant is brought before the court for failure to obey any
lawful order issued under this section, or an order of protection issued
by a court of competent jurisdiction in another state, territorial or
tribal jurisdiction, and if, after hearing, the court is satisfied by
competent proof that the defendant has willfully failed to obey any such
order, the court may:
(a) revoke an order of recognizance [or release under non-monetary
conditions] or revoke an order of bail or order forfeiture of such bail
and commit the defendant to custody; or
(b) restore the case to the calendar when there has been an adjourn-
ment in contemplation of dismissal and commit the defendant to custody;
or
A. 10077 15
(c) revoke a conditional discharge in accordance with section 410.70
of this chapter and impose probation supervision or impose a sentence of
imprisonment in accordance with the penal law based on the original
conviction; or
(d) revoke probation in accordance with section 410.70 of this chapter
and impose a sentence of imprisonment in accordance with the penal law
based on the original conviction. In addition, if the act which consti-
tutes the violation of the order of protection or temporary order of
protection is a crime or a violation the defendant may be charged with
and tried for that crime or violation.
§ 20. The opening paragraph of subdivision 1 of section 530.13 of the
criminal procedure law, as amended by section 14 of part JJJ of chapter
59 of the laws of 2019, is amended to read as follows:
When any criminal action is pending, and the court has not issued a
temporary order of protection pursuant to section 530.12 of this arti-
cle, the court, in addition to the other powers conferred upon it by
this chapter, may for good cause shown issue a temporary order of
protection in conjunction with any securing order COMMITTING THE DEFEND-
ANT TO THE CUSTODY OF THE SHERIFF OR AS A CONDITION OF A PRE-TRIAL
RELEASE, OR AS A CONDITION OF RELEASE ON BAIL or an adjournment in
contemplation of dismissal. In addition to any other conditions, such an
order may require that the defendant:
§ 21. Paragraph (a) of subdivision 8 of section 530.13 of the criminal
procedure law, as amended by section 13 of part JJJ of chapter 59 of the
laws of 2019, is amended to read as follows:
(a) revoke an order of recognizance[, release under non-monetary
conditions] or bail and commit the defendant to custody; or
§ 22. Section 530.20 of the criminal procedure law is REPEALED and a
new section 530.20 is added to read as follows:
§ 530.20 ORDER OF RECOGNIZANCE OR BAIL; BY LOCAL CRIMINAL COURT WHEN
ACTION IS PENDING THEREIN.
WHEN A CRIMINAL ACTION IS PENDING IN A LOCAL CRIMINAL COURT, SUCH
COURT, UPON APPLICATION OF A DEFENDANT, MUST OR MAY ORDER RECOGNIZANCE
OR BAIL AS FOLLOWS:
1. WHEN THE DEFENDANT IS CHARGED, BY INFORMATION, SIMPLIFIED INFORMA-
TION, PROSECUTOR'S INFORMATION OR MISDEMEANOR COMPLAINT, WITH AN OFFENSE
OR OFFENSES OF LESS THAN FELONY GRADE ONLY, THE COURT MUST ORDER RECOG-
NIZANCE OR BAIL.
2. WHEN THE DEFENDANT IS CHARGED, BY FELONY COMPLAINT, WITH A FELONY,
THE COURT MAY, IN ITS DISCRETION, ORDER RECOGNIZANCE OR BAIL EXCEPT AS
OTHERWISE PROVIDED IN THIS SUBDIVISION:
(A) A CITY COURT, A TOWN COURT OR A VILLAGE COURT MAY NOT ORDER RECOG-
NIZANCE OR BAIL WHEN (I) THE DEFENDANT IS CHARGED WITH A CLASS A FELONY,
OR (II) IT APPEARS THAT THE DEFENDANT HAS TWO PREVIOUS FELONY
CONVICTIONS;
(B) NO LOCAL CRIMINAL COURT MAY ORDER RECOGNIZANCE OR BAIL WITH
RESPECT TO A DEFENDANT CHARGED WITH A FELONY UNLESS AND UNTIL:
(I) THE DISTRICT ATTORNEY HAS BEEN HEARD IN THE MATTER OR, AFTER KNOW-
LEDGE OR NOTICE OF THE APPLICATION AND REASONABLE OPPORTUNITY TO BE
HEARD, HAS FAILED TO APPEAR AT THE PROCEEDING OR HAS OTHERWISE WAIVED
HIS OR HER RIGHT TO DO SO; AND
(II) THE COURT HAS BEEN FURNISHED WITH A REPORT OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES CONCERNING THE DEFENDANT'S CRIMINAL RECORD IF
ANY OR WITH A POLICE DEPARTMENT REPORT WITH RESPECT TO THE DEFENDANT'S
PRIOR ARREST RECORD. IF NEITHER REPORT IS AVAILABLE, THE COURT, WITH THE
CONSENT OF THE DISTRICT ATTORNEY, MAY DISPENSE WITH THIS REQUIREMENT;
A. 10077 16
PROVIDED, HOWEVER, THAT IN AN EMERGENCY, INCLUDING BUT NOT LIMITED TO A
SUBSTANTIAL IMPAIRMENT IN THE ABILITY OF SUCH DIVISION OR POLICE DEPART-
MENT TO TIMELY FURNISH SUCH REPORT, SUCH CONSENT SHALL NOT BE REQUIRED
IF, FOR REASONS STATED ON THE RECORD, THE COURT DEEMS IT UNNECESSARY.
WHEN THE COURT HAS BEEN FURNISHED WITH ANY SUCH REPORT OR RECORD, IT
SHALL FURNISH A COPY THEREOF TO COUNSEL FOR THE DEFENDANT OR, IF THE
DEFENDANT IS NOT REPRESENTED BY COUNSEL, TO THE DEFENDANT.
3. THE COURT SHALL MAKE AN INDIVIDUALIZED DETERMINATION IF: (A) THE
DEFENDANT POSES A RISK OF FLIGHT TO AVOID PROSECUTION; (B) THE DEFENDANT
POSES A RISK OF FAILING TO APPEAR IN COURT BASED ON THE DEFENDANT'S
RECORD OF A PRIOR CRIMINAL CONVICTION OR FAILURE TO APPEAR IN PRIOR
COURT PROCEEDINGS; OR (C) THE DEFENDANT POSES A RISK OF ENDANGERING THE
SAFETY OF ANY OTHER PERSON OR THE COMMUNITY. IF THE COURT FINDS THAT THE
DEFENDANT POSES A RISK OF FLIGHT OR A RISK OF FAILURE TO APPEAR BUT DOES
NOT POSE A RISK OF ENDANGERING THE SAFETY OF ANY OTHER PERSON OR THE
COMMUNITY, THE COURT SHALL RELEASE THE DEFENDANT SUBJECT TO THE LOWEST
REASONABLE BAIL AND/OR THE LEAST RESTRICTIVE FURTHER CONDITION OR COMBI-
NATION OF CONDITIONS THAT WILL REASONABLY ENSURE THE APPEARANCE OF THE
DEFENDANT CONSIDERING THE NATURE AND CIRCUMSTANCES OF THE CHARGED
OFFENSE, THE WEIGHT OF THE EVIDENCE, THE HISTORY AND CHARACTERISTICS OF
THE DEFENDANT, AND THE NATURE AND SERIOUSNESS OF THE DANGER POSED BY THE
DEFENDANT'S RELEASE. IF THE COURT DETERMINES THAT NO CONDITION OR COMBI-
NATION OF CONDITIONS WILL REASONABLY ASSURE THE APPEARANCE OF THE
DEFENDANT AND THE SAFETY OF ANY OTHER PERSON OF THE COMMUNITY, THE COURT
SHALL ORDER DETENTION WITHOUT BAIL.
4. IF THE DEFENDANT IS ARRESTED DURING THE INTERIM PERIOD WHILE AWAIT-
ING A PRELIMINARY HEARING OR TRIAL, THE COURT SHALL REVOKE OR OTHERWISE
TERMINATE THE PREVIOUS ORDER AND ISSUE A NEW ORDER TAKING INTO ACCOUNT
THE SUBSEQUENT ARREST.
5. (A) ALL ORDERS ISSUED UNDER THIS SECTION WHERE THE DEFENDANT IS
INCARCERATED SOLELY BECAUSE OF SAID ORDER SHALL BE REVIEWED AND RE-EVAL-
UATED BY THE COURT NO LATER THAN:
(I) EVERY FOUR WEEKS THEREAFTER WHERE A CLASS A MISDEMEANOR IS THE
HIGHEST GRADE OFFENSE;
(II) EVERY SIX WEEKS THEREAFTER WHERE A CLASS E FELONY IS THE HIGHEST
GRADE OFFENSE;
(III) EVERY EIGHT WEEKS THEREAFTER WHERE A CLASS D FELONY IS THE HIGH-
EST GRADE OFFENSE;
(IV) EVERY TEN WEEKS THEREAFTER WHERE A CLASS C FELONY IS THE HIGHEST
GRADE OFFENSE; OR
(V) EVERY TWELVE WEEKS THEREAFTER WHERE A CLASS B FELONY IS THE HIGH-
EST GRADE OFFENSE.
(B) UPON SUCH REVIEW OR RE-EVALUATION, THE COURT SHALL RECONSIDER
WHETHER THE DEFENDANT SHOULD BE RELEASED ON PERSONAL RECOGNIZANCE OR
UPON POSTING REDUCED BAIL IN THE INTERESTS OF JUSTICE AFTER CONSIDERING
THE LENGTH OF TIME THE DEFENDANT HAS ALREADY BEEN INCARCERATED, THE
LIKELY SENTENCE THAT WOULD BE IMPOSED IF THE DEFENDANT WERE FOUND GUILTY
OR PLED GUILTY TO THE CHARGED OFFENSE, THE NATURE AND CIRCUMSTANCES OF
THE CHARGED OFFENSE, THE WEIGHT OF THE EVIDENCE, THE HISTORY AND CHARAC-
TERISTICS OF THE DEFENDANT, THE NATURE AND SERIOUSNESS OF THE DANGER
POSED BY THE DEFENDANT'S RELEASE, AND WHETHER THE PRINCIPAL SHOULD BE
RELEASED SUBJECT TO A FURTHER CONDITION, OR COMBINATION OF CONDITIONS,
THAT REASONABLY JUSTIFIES THE RELEASE OF THE DEFENDANT ON PERSONAL
RECOGNIZANCE OR REDUCED BAIL, AND SUCH OTHER FACTORS IN THE INTERESTS OF
JUSTICE AS REASONABLY DETERMINED BY THE COURT BASED ON AN INDIVIDUALIZED
DETERMINATION AS TO WHETHER AND TO WHAT EXTENT THAT THE DEFENDANT
A. 10077 17
CONTINUES TO POSE A RISK OF FLIGHT TO AVOID PROSECUTION, CONTINUES TO
POSE A RISK OF FAILING TO APPEAR IN COURT BASED ON THE DEFENDANT'S
RECORD OF A PRIOR CRIMINAL CONVICTION OR FAILURE TO APPEAR IN PRIOR
COURT PROCEEDINGS, OR CONTINUES TO POSE A RISK OF ENDANGERING THE SAFETY
OF ANY OTHER PERSON OR THE COMMUNITY. IF THE COURT DETERMINES THAT NO
CONDITION OR COMBINATION OF CONDITIONS WILL REASONABLY ENSURE THE
APPEARANCE OF THE DEFENDANT AND THE SAFETY OF ANY OTHER PERSON OF THE
COMMUNITY, THE COURT SHALL CONTINUE TO DETAIN THE DEFENDANT WITHOUT BAIL
OR WITHOUT A REDUCTION IN THE AMOUNT OF THE BAIL.
§ 23. The section heading and subdivisions 1 and 2 of section 530.30
of the criminal procedure law, as amended by section 17 of part JJJ of
chapter 59 of the laws of 2019, are amended to read as follows:
Order of recognizance[, release under non-monetary conditions] or bail;
by superior court judge when action is pending in local criminal court.
1. When a criminal action is pending in a local criminal court, other
than one consisting of a superior court judge sitting as such, a judge
of a superior court holding a term thereof in the county, upon applica-
tion of a defendant, may order recognizance[, release under non-monetary
conditions] or[, where authorized,] bail when such local criminal court:
(a) Lacks authority to issue such an order, pursuant to the relevant
provisions of section 530.20 of this article; or
(b) Has denied an application for recognizance[, release under non-
monetary conditions] or bail; or
(c) Has fixed bail[, where authorized,] which is excessive[; or
(d) Has set a securing order of release under non-monetary conditions
which are more restrictive than necessary to reasonably assure the
defendant's return to court].
In such case, such superior court judge may vacate the order of such
local criminal court and release the defendant on HIS OR HER OWN recog-
nizance [or under non-monetary conditions,] or [where authorized,] fix
bail in a lesser amount or in a less burdensome form[, whichever are the
least restrictive alternative and conditions that will reasonably assure
the defendant's return to court. The court shall explain its choice of
alternative and conditions on the record or in writing].
2. Notwithstanding the provisions of subdivision one of this section,
when the defendant is charged with a felony in a local criminal court, a
superior court judge may not order recognizance, [release under non-mon-
etary conditions] or[, where authorized,] bail unless and until the
district attorney has had an opportunity to be heard in the matter and
such judge [and counsel for the defendant have] HAS been furnished with
a report as described in subparagraph (ii) of paragraph (b) of subdivi-
sion two of section 530.20 of this article.
§ 24. Section 530.40 of the criminal procedure law is REPEALED and a
new section 530.40 is added to read as follows:
§ 530.40 ORDER OF RECOGNIZANCE OR BAIL; BY SUPERIOR COURT WHEN ACTION IS
PENDING THEREIN.
WHEN A CRIMINAL ACTION IS PENDING IN A SUPERIOR COURT, SUCH COURT,
UPON APPLICATION OF A DEFENDANT, MUST OR MAY ORDER RECOGNIZANCE OR BAIL
AS FOLLOWS:
1. WHEN THE DEFENDANT IS CHARGED WITH AN OFFENSE OR OFFENSES OF LESS
THAN FELONY GRADE ONLY, THE COURT MUST ORDER RECOGNIZANCE OR BAIL.
2. WHEN THE DEFENDANT IS CHARGED WITH A FELONY, THE COURT MAY, IN ITS
DISCRETION, ORDER RECOGNIZANCE OR BAIL. IN ANY SUCH CASE IN WHICH AN
INDICTMENT (A) HAS RESULTED FROM AN ORDER OF A LOCAL CRIMINAL COURT
HOLDING THE DEFENDANT FOR THE ACTION OF THE GRAND JURY, OR (B) WAS FILED
AT A TIME WHEN A FELONY COMPLAINT CHARGING THE SAME CONDUCT WAS PENDING
A. 10077 18
IN A LOCAL CRIMINAL COURT, AND IN WHICH SUCH LOCAL CRIMINAL COURT OR A
SUPERIOR COURT JUDGE HAS ISSUED AN ORDER OF RECOGNIZANCE OR BAIL WHICH
IS STILL EFFECTIVE, THE SUPERIOR COURT'S ORDER MAY BE IN THE FORM OF A
DIRECTION CONTINUING THE EFFECTIVENESS OF THE PREVIOUS ORDER.
3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
A SUPERIOR COURT MAY NOT ORDER RECOGNIZANCE OR BAIL, OR PERMIT A DEFEND-
ANT TO REMAIN AT LIBERTY PURSUANT TO AN EXISTING ORDER, AFTER THE
DEFENDANT HAS BEEN CONVICTED OF EITHER: (A) A CLASS A FELONY OR (B) ANY
CLASS B OR CLASS C FELONY DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE
PENAL LAW COMMITTED OR ATTEMPTED TO BE COMMITTED BY A PERSON EIGHTEEN
YEARS OF AGE OR OLDER AGAINST A PERSON LESS THAN EIGHTEEN YEARS OF AGE.
IN EITHER CASE THE COURT MUST COMMIT OR REMAND THE DEFENDANT TO THE
CUSTODY OF THE SHERIFF.
4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
A SUPERIOR COURT MAY NOT ORDER RECOGNIZANCE OR BAIL WHEN THE DEFENDANT
IS CHARGED WITH A FELONY UNLESS AND UNTIL THE DISTRICT ATTORNEY HAS HAD
AN OPPORTUNITY TO BE HEARD IN THE MATTER AND SUCH COURT HAS BEEN
FURNISHED WITH A REPORT AS DESCRIBED IN SUBPARAGRAPH (II) OF PARAGRAPH
(B) OF SUBDIVISION TWO OF SECTION 530.20 OF THIS ARTICLE.
5. THE COURT SHALL MAKE AN INDIVIDUALIZED DETERMINATION IF: (A) THE
DEFENDANT POSES A RISK OF FLIGHT TO AVOID PROSECUTION; (B) THE DEFENDANT
POSES A RISK OF FAILING TO APPEAR IN COURT BASED ON THE DEFENDANT'S
RECORD OF A PRIOR CRIMINAL CONVICTION OR FAILURE TO APPEAR IN PRIOR
COURT PROCEEDINGS; OR (C) THE DEFENDANT POSES A RISK OF ENDANGERING THE
SAFETY OF ANY OTHER PERSON OR THE COMMUNITY. IF THE COURT FINDS THAT THE
DEFENDANT POSES A RISK OF FLIGHT OR A RISK OF FAILURE TO APPEAR BUT DOES
NOT POSE A RISK OF ENDANGERING THE SAFETY OF ANY OTHER PERSON OR THE
COMMUNITY, THE COURT SHALL RELEASE THE DEFENDANT SUBJECT TO THE LOWEST
REASONABLE BAIL AND/OR THE LEAST RESTRICTIVE FURTHER CONDITION OR COMBI-
NATION OF CONDITIONS THAT WILL REASONABLY ENSURE THE APPEARANCE OF THE
DEFENDANT CONSIDERING THE NATURE AND CIRCUMSTANCES OF THE CHARGED
OFFENSE, THE WEIGHT OF THE EVIDENCE, THE HISTORY AND CHARACTERISTICS OF
THE DEFENDANT, AND THE NATURE AND SERIOUSNESS OF THE DANGER POSED BY THE
DEFENDANT'S RELEASE. IF THE COURT DETERMINES THAT NO CONDITION OR COMBI-
NATION OF CONDITIONS WILL REASONABLY ASSURE THE APPEARANCE OF THE
DEFENDANT AND THE SAFETY OF ANY OTHER PERSON OF THE COMMUNITY, THE COURT
SHALL ORDER DETENTION WITHOUT BAIL.
6. IF THE DEFENDANT IS ARRESTED DURING THE INTERIM PERIOD WHILE AWAIT-
ING A PRELIMINARY HEARING OR TRIAL, THE COURT SHALL REVOKE OR OTHERWISE
TERMINATE THE PREVIOUS ORDER AND ISSUE A NEW ORDER TAKING INTO ACCOUNT
THE SUBSEQUENT ARREST.
7. (A) ALL ORDERS ISSUED UNDER THIS SECTION WHERE THE DEFENDANT IS
INCARCERATED SOLELY BECAUSE OF SAID ORDER SHALL BE REVIEWED AND RE-EVAL-
UATED BY THE COURT NO LATER THAN:
(I) EVERY FOUR WEEKS THEREAFTER WHERE A CLASS A MISDEMEANOR IS THE
HIGHEST GRADE OFFENSE;
(II) EVERY SIX WEEKS THEREAFTER WHERE A CLASS E FELONY IS THE HIGHEST
GRADE OFFENSE;
(III) EVERY EIGHT WEEKS THEREAFTER WHERE A CLASS D FELONY IS THE HIGH-
EST GRADE OFFENSE;
(IV) EVERY TEN WEEKS THEREAFTER WHERE A CLASS C FELONY IS THE HIGHEST
GRADE OFFENSE; OR
(V) EVERY TWELVE WEEKS THEREAFTER WHERE A CLASS B FELONY IS THE HIGH-
EST GRADE OFFENSE.
(B) UPON SUCH REVIEW OR RE-EVALUATION, THE COURT SHALL RECONSIDER
WHETHER THE DEFENDANT SHOULD BE RELEASED ON PERSONAL RECOGNIZANCE OR
A. 10077 19
UPON POSTING REDUCED BAIL IN THE INTERESTS OF JUSTICE AFTER CONSIDERING
THE LENGTH OF TIME THE DEFENDANT HAS ALREADY BEEN INCARCERATED, THE
LIKELY SENTENCE THAT WOULD BE IMPOSED IF THE DEFENDANT WERE FOUND GUILTY
OR PLED GUILTY TO THE CHARGED OFFENSE, THE NATURE AND CIRCUMSTANCES OF
THE CHARGED OFFENSE, THE WEIGHT OF THE EVIDENCE, THE HISTORY AND CHARAC-
TERISTICS OF THE DEFENDANT, THE NATURE AND SERIOUSNESS OF THE DANGER
POSED BY THE DEFENDANT'S RELEASE, AND WHETHER THE PRINCIPAL SHOULD BE
RELEASED SUBJECT TO A FURTHER CONDITION, OR COMBINATION OF CONDITIONS,
THAT REASONABLY JUSTIFIES THE RELEASE OF THE DEFENDANT ON PERSONAL
RECOGNIZANCE OR REDUCED BAIL, AND SUCH OTHER FACTORS IN THE INTERESTS OF
JUSTICE AS REASONABLY DETERMINED BY THE COURT BASED ON AN INDIVIDUALIZED
DETERMINATION AS TO WHETHER AND TO WHAT EXTENT THAT THE DEFENDANT
CONTINUES TO POSE A RISK OF FLIGHT TO AVOID PROSECUTION, CONTINUES TO
POSE A RISK OF FAILING TO APPEAR IN COURT BASED ON THE DEFENDANT'S
RECORD OF A PRIOR CRIMINAL CONVICTION OR FAILURE TO APPEAR IN PRIOR
COURT PROCEEDINGS, OR CONTINUES TO POSE A RISK OF ENDANGERING THE SAFETY
OF ANY OTHER PERSON OR THE COMMUNITY. IF THE COURT DETERMINES THAT NO
CONDITION OR COMBINATION OF CONDITIONS WILL REASONABLY ENSURE THE
APPEARANCE OF THE DEFENDANT AND THE SAFETY OF ANY OTHER PERSON OF THE
COMMUNITY, THE COURT SHALL CONTINUE TO DETAIN THE DEFENDANT WITHOUT BAIL
OR WITHOUT A REDUCTION IN THE AMOUNT OF THE BAIL.
§ 25. Subdivision 1 of section 530.45 of the criminal procedure law,
as amended by section 19 of part JJJ of chapter 59 of the laws of 2019,
is amended to read as follows:
1. When the defendant is at liberty in the course of a criminal action
as a result of a prior order of recognizance[, release under non-mone-
tary conditions] or bail and the court revokes such order and then[,
where authorized,] EITHER fixes no bail or fixes bail in a greater
amount or in a more burdensome form than was previously fixed and
remands or commits defendant to the custody of the sheriff, [or issues a
more restrictive securing order,] a judge designated in subdivision two
of this section, upon application of the defendant following conviction
of an offense other than a class A felony or a class B or class C felony
offense as defined in article one hundred thirty of the penal law
committed or attempted to be committed by a person eighteen years of age
or older against a person less than eighteen years of age, and before
sentencing, may issue a securing order and EITHER release the defendant
on the defendant's own recognizance, [release the defendant under non-
monetary conditions,] or[, where authorized,] fix bail or fix bail in a
lesser amount or in a less burdensome form[, or issue a less restrictive
securing order,] than fixed by the court in which the conviction was
entered.
§ 26. Subdivision 2-a of section 530.45 of the criminal procedure law
is REPEALED.
§ 27. Section 530.50 of the criminal procedure law, as amended by
chapter 264 of the laws of 2003, subdivision 1 as designated and subdi-
vision 2 as added by section 10 of part UU of chapter 56 of the laws of
2020, is amended to read as follows:
§ 530.50 Order of recognizance or bail; during pendency of appeal.
[1.] A judge who is otherwise authorized pursuant to section 460.50 or
[section] 460.60 OF THIS CHAPTER to issue an order of recognizance or
bail pending the determination of an appeal, may do so unless the
defendant received a class A felony sentence or a sentence for any class
B or class C felony offense defined in article one hundred thirty of the
penal law committed or attempted to be committed by a person eighteen
years of age or older against a person less than eighteen years of age.
A. 10077 20
[2. Notwithstanding the provisions of subdivision four of section
510.10, paragraph (b) of subdivision one of section 530.20 and subdivi-
sion four of section 530.40 of this title, when a defendant charged with
an offense that is not such a qualifying offense applies, pending deter-
mination of an appeal, for an order of recognizance or release on non-
monetary conditions, where authorized, or fixing bail, a judge identi-
fied in subdivision two of section 460.50 or paragraph (a) of
subdivision one of section 460.60 of this chapter may, in accordance
with law, and except as otherwise provided by law, issue a securing
order: releasing the defendant on the defendant's own recognizance or
under non-monetary conditions where authorized, fixing bail, or remand-
ing the defendant to the custody of the sheriff where authorized.]
§ 28. Section 530.60 of the criminal procedure law, as amended by
section 20 of part JJJ of chapter 59 of the laws of 2019, is amended to
read as follows:
§ 530.60 [Certain modifications of a securing order] ORDER OF RECOGNI-
ZANCE OR BAIL; REVOCATION THEREOF.
1. Whenever in the course of a criminal action or proceeding a defend-
ant is at liberty as a result of an order of recognizance[, release
under non-monetary conditions] or bail issued pursuant to this chapter,
and the court considers it necessary to review such order, [whether due
to a motion by the people or otherwise,] the court may, and [except as
provided in subdivision two of section 510.50 of this title concerning a
failure to appear in court,] by a bench warrant if necessary, require
the defendant to appear before the court. Upon such appearance, the
court, for good cause shown, may revoke the order of recognizance[,
release under non-monetary conditions,] or bail. If the defendant is
entitled to recognizance[, release under non-monetary conditions,] or
bail as a matter of right, the court must issue another such order. If
the defendant is not, the court may either issue such an order or commit
the defendant to the custody of the sheriff in accordance with this
section.
Where the defendant is committed to the custody of the sheriff and is
held on a felony complaint, a new period as provided in section 180.80
of this chapter shall commence to run from the time of the defendant's
commitment under this subdivision.
2. (a) Whenever in the course of a criminal action or proceeding a
defendant charged with the commission of a felony is at liberty as a
result of an order of recognizance, [release under non-monetary condi-
tions] or bail issued pursuant to this article it shall be grounds for
revoking such order that the court finds reasonable cause to believe the
defendant committed one or more specified class A or violent felony
offenses or intimidated a victim or witness in violation of section
215.15, 215.16 or 215.17 of the penal law while at liberty.
[(b) Except as provided in paragraph (a) of this subdivision or any
other law, whenever in the course of a criminal action or proceeding a
defendant charged with the commission of an offense is at liberty as a
result of an order of recognizance, release under non-monetary condi-
tions or bail issued pursuant to this article it shall be grounds for
revoking such order and fixing bail in such criminal action or proceed-
ing when the court has found, by clear and convincing evidence, that the
defendant:
(i) persistently and willfully failed to appear after notice of sched-
uled appearances in the case before the court; or
A. 10077 21
(ii) violated an order of protection in the manner prohibited by
subdivision (b), (c) or (d) of section 215.51 of the penal law while at
liberty; or
(iii) stands charged in such criminal action or proceeding with a
misdemeanor or violation and, after being so charged, intimidated a
victim or witness in violation of section 215.15, 215.16 or 215.17 of
the penal law or tampered with a witness in violation of section 215.11,
215.12 or 215.13 of the penal law, law while at liberty; or
(iv) stands charged in such action or proceeding with a felony and,
after being so charged, committed a felony while at liberty.
(c)] Before revoking an order of recognizance[, release under non-mon-
etary conditions,] or bail pursuant to this subdivision, the court must
hold a hearing and shall receive any relevant, admissible evidence not
legally privileged. The defendant may cross-examine witnesses and may
present relevant, admissible evidence on his own behalf. Such hearing
may be consolidated with, and conducted at the same time as, a felony
hearing conducted pursuant to article one hundred eighty of this chap-
ter. A transcript of testimony taken before the grand jury upon presen-
tation of the subsequent offense shall be admissible as evidence during
the hearing. The district attorney may move to introduce grand jury
testimony of a witness in lieu of that witness' appearance at the hear-
ing.
[(d)] (B) Revocation of an order of recognizance[, release under non-
monetary conditions] or bail and [a new securing order fixing bail or]
commitment[, as specified in this paragraph and] pursuant to this subdi-
vision shall be for the following periods, EITHER:
[(i) Under paragraph (a) of this subdivision, revocation of the order
of recognizance, release under non-monetary conditions or, as the case
may be, bail, and a new securing order fixing bail or committing the
defendant to the custody of the sheriff shall be as follows:
(A)] (I) For a period not to exceed ninety days exclusive of any peri-
ods of adjournment requested by the defendant; or
[(B)] (II) Until the charges contained within the accusatory instru-
ment have been reduced or dismissed such that no count remains which
charges the defendant with commission of a felony; or
[(C)] (III) Until reduction or dismissal of the charges contained
within the accusatory instrument charging the subsequent offense such
that no count remains which charges the defendant with commission of a
class A or violent felony offense.
Upon expiration of any of the three periods specified within this
[subparagraph] PARAGRAPH, whichever is shortest, the court may grant or
deny release upon an order of bail or recognizance in accordance with
the provisions of this article. Upon conviction to an offense the
provisions of THIS article [five hundred thirty of this chapter] shall
apply[; and].
[(ii) Under paragraph (b) of this subdivision, revocation of the order
of recognizance, release under non-monetary conditions or, as the case
may be, bail shall result in the issuance of a new securing order which
may, if otherwise authorized by law, permit the principal's release on
recognizance or release under non-monetary conditions, but shall also
render the defendant eligible for an order fixing bail provided, howev-
er, that in accordance with the principles in this title the court must
select the least restrictive alternative and condition or conditions
that will reasonably assure the principal's return to court. Nothing in
this subparagraph shall be interpreted as shortening the period of
A. 10077 22
detention, or requiring or authorizing any less restrictive form of a
securing order, which may be imposed pursuant to any other law.
(e)] (C) Notwithstanding the provisions of paragraph (a) [or (b)] of
this subdivision a defendant, against whom a felony complaint has been
filed which charges the defendant with commission of a class A or
violent felony offense [or violation of section 215.15, 215.16 or 215.17
of the penal law] committed while he OR SHE was at liberty as specified
therein, may be committed to the custody of the sheriff pending a revo-
cation hearing for a period not to exceed seventy-two hours. An addi-
tional period not to exceed seventy-two hours may be granted by the
court upon application of the district attorney upon a showing of good
cause or where the failure to commence the hearing was due to the
defendant's request or occurred with his OR HER consent. Such good cause
must consist of some compelling fact or circumstance which precluded
conducting the hearing within the initial prescribed period.
§ 29. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
procedure law, as amended by chapter 435 of the laws of 2021, is amended
to read as follows:
(a) If at any time during the defendant's participation in the judi-
cial diversion program, the court has reasonable grounds to believe that
the defendant has violated a release condition [in an important respect]
or has [willfully] failed to appear before the court as requested, the
court [except as provided in subdivision two of section 510.50 of this
chapter regarding a failure to appear,] shall direct the defendant to
appear or issue a bench warrant to a police officer or an appropriate
peace officer directing him or her to take the defendant into custody
and bring the defendant before the court without unnecessary delay;
provided, however, that under no circumstances shall a defendant who
requires treatment for opioid use be deemed to have violated a release
condition on the basis of his or her participation in medically
prescribed drug treatments under the care of a health care professional
licensed or certified under title eight of the education law, acting
within his or her lawful scope of practice. The [relevant] provisions of
SUBDIVISION ONE OF section 530.60 of this chapter relating to [issuance
of securing orders] REVOCATION OF RECOGNIZANCE OR BAIL shall apply to
such proceedings under this subdivision.
§ 30. Section 410.60 of the criminal procedure law, as amended by
section 23 of part JJJ of chapter 59 of the laws of 2019, is amended to
read as follows:
§ 410.60 Appearance before court.
A person who has been taken into custody pursuant to section 410.40 or
[section] 410.50 of this article for violation of a condition of a
sentence of probation or a sentence of conditional discharge must forth-
with be brought before the court that imposed the sentence. Where a
violation of probation petition and report has been filed and the person
has not been taken into custody nor has a warrant been issued, an
initial court appearance shall occur within ten business days of the
court's issuance of a notice to appear. If the court has reasonable
cause to believe that such person has violated a condition of the
sentence, it may commit such person to the custody of the sheriff[,] OR
fix bail[, release such person under non-monetary conditions] or release
such person on such person's own recognizance for future appearance at a
hearing to be held in accordance with section 410.70 of this article. If
the court does not have reasonable cause to believe that such person has
violated a condition of the sentence, it must direct that such person be
released.
A. 10077 23
§ 31. Subdivision 3 of section 620.50 of the criminal procedure law,
as amended by section 24 of part JJJ of chapter 59 of the laws of 2019,
is amended to read as follows:
3. A material witness order must be executed as follows:
(a) If the bail is posted and approved by the court, the witness must,
as provided in subdivision [two] THREE of section 510.40 of this part,
be released and be permitted to remain at liberty; provided that, where
the bail is posted by a person other than the witness himself OR
HERSELF, he OR SHE may not be so released except upon his OR HER signed
written consent thereto;
(b) If the bail is not posted, or if though posted it is not approved
by the court, the witness must, as provided in subdivision [two] THREE
of section 510.40 of this part, be committed to the custody of the sher-
iff.
§ 32. Subdivision 5 of section 216 of the judiciary law, as added by
section 5 of part UU of chapter 56 of the laws of 2020, is REPEALED.
§ 33. Section 837-u of the executive law is REPEALED.
§ 34. This act shall take effect immediately.
PART C
Section 1. Paragraph (c) of subdivision 1 of section 245.20 of the
criminal procedure law, as amended by section 2 of part HHH of chapter
56 of the laws of 2020, is amended to read as follows:
(c) The names and adequate contact information for all persons other
than law enforcement personnel whom the prosecutor knows to have
evidence or information relevant to any offense charged or to any poten-
tial defense thereto WHO HAVE GIVEN AFFIRMATIVE CONSENT FOR SUCH DISCLO-
SURE OF HIS OR HER CONTACT INFORMATION OR HAVE BEEN DENIED A PROTECTIVE
ORDER PURSUANT TO SECTION 245.70 OF THIS ARTICLE, including a desig-
nation by the prosecutor as to which of those persons may be called as
witnesses. AFFIRMATIVE CONSENT TO DISCLOSE CONTACT INFORMATION SHALL BE
REQUESTED BY LAW ENFORCEMENT PERSONNEL CONDUCTING THE INITIAL INTERVIEW
OF PERSONS WHO HAVE EVIDENCE OR INFORMATION RELEVANT TO ANY OFFENSE
CHARGED OR TO ANY POTENTIAL DEFENSE THERETO. A PERSON WHO DOES NOT
PROVIDE AFFIRMATIVE CONSENT FOR DISCLOSURE OF HIS OR HER CONTACT INFOR-
MATION SHALL PROVIDE GOOD CAUSE FOR SUCH DENIAL, AND THE PROSECUTION
SHALL MAKE A MOTION FOR A PROTECTIVE ORDER PURSUANT TO SECTION 245.70 OF
THIS ARTICLE ON THE BEHALF OF SUCH PERSON. Nothing in this paragraph
shall require the disclosure of physical addresses; provided, however,
upon a motion and good cause shown the court may direct the disclosure
of a physical address. Information under this subdivision relating to
the identity of a 911 caller, the victim or witness of an offense
defined under article one hundred thirty or section 230.34 or 230.34-a
of the penal law, any other victim or witness of a crime where the
defendant has substantiated affiliation with a criminal enterprise as
defined in subdivision three of section 460.10 of the penal law, or a
confidential informant may be withheld, and redacted from discovery
materials, without need for a motion pursuant to section 245.70 of this
article; but the prosecution shall notify the defendant in writing that
such information has not been disclosed, unless the court rules other-
wise for good cause shown.
§ 2. This act shall take effect immediately.
PART D
A. 10077 24
Section 1. Subdivisions 1 and 10 of section 400.27 of the criminal
procedure law, as added by chapter 1 of the laws of 1995, are amended to
read as follows:
1. Upon [the] conviction of a defendant for the offense of murder in
the first degree as defined by SUBPARAGRAPH (I), (II), (II-A) OR (III)
OF PARAGRAPH (A) OF SUBDIVISION ONE OF section 125.27 of the penal law,
the court shall promptly conduct a separate sentencing proceeding to
determine whether the defendant shall be sentenced to death or to life
imprisonment without parole pursuant to subdivision five of section
70.00 of the penal law. Nothing in this section shall be deemed to
preclude the people at any time from determining that the death penalty
shall not be sought in a particular case, in which case the separate
sentencing proceeding shall not be conducted and the court may sentence
such defendant to life imprisonment without parole or to a sentence of
imprisonment for the class A-I felony of murder in the first degree
other than a sentence of life imprisonment without parole.
10. (A) At the conclusion of all the evidence, the people and the
defendant may present argument in summation for or against the sentence
sought by the people. The people may deliver the first summation and the
defendant may then deliver the last summation. Thereafter, the court
shall deliver a charge to the jury on any matters appropriate in the
circumstances. In its charge, the court must instruct the jury that with
respect to each count of murder in the first degree, AS DEFINED IN
SUBPARAGRAPH (I), (II), (II-A) OR (III) OF PARAGRAPH (A) OF SUBDIVISION
ONE OF SECTION 125.27 OF THE PENAL LAW, the jury should consider whether
or not a sentence of death should be imposed and whether or not a
sentence of life imprisonment without parole should be imposed[, and].
(B) THE COURT MUST INSTRUCT THE JURY that the jury must be unanimous
with respect to either sentence. The court must also instruct the jury
that in the event the jury fails to reach unanimous agreement with
respect to the sentence, the court will sentence the defendant to a term
of imprisonment with a minimum term of between twenty and twenty-five
years and a maximum term of life.
(C) Following the court's charge, the jury shall retire to consider
the sentence to be imposed. Unless inconsistent with the provisions of
this section, the provisions of sections 310.10, 310.20 and 310.30 OF
THIS PART shall govern the deliberations of the jury.
§ 2. This act shall take effect immediately and shall apply to
offenses committed on or after such effective date.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through D of this act shall be
as specifically set forth in the last section of such Parts.
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