S T A T E O F N E W Y O R K
________________________________________________________________________
541
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. PRETLOW, GALEF -- Multi-Sponsored by -- M. of A.
ENGLEBRIGHT, WRIGHT -- read once and referred to the Committee on
Codes
AN ACT to amend the criminal procedure law, in relation to extending the
time period for which a person may be held in custody for drug related
violations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 170.70 of the criminal procedure law is amended to
read as follows:
S 170.70 Release of defendant upon failure to replace misdemeanor
complaint by information.
Upon application of a defendant against whom a misdemeanor complaint
is pending in a local criminal court, and who, either at the time of his
arraignment thereon or subsequent thereto, has been committed to the
custody of the sheriff pending disposition of the action, and who has
been confined in such custody for a period of more than five days, not
including Sunday, without any information having been filed in replace-
ment of such misdemeanor complaint, the criminal court must release the
defendant on his own recognizance unless:
1. THE COMPLAINT CHARGES A VIOLATION OF ARTICLE TWO HUNDRED TWENTY OR
TWO HUNDRED TWENTY-ONE OF THE PENAL LAW, IN SUCH CASE, NO APPLICATION
MAY BE MADE UNLESS SUCH DEFENDANT HAS BEEN CONFINED AND IS IN CUSTODY
FOR A PERIOD OF MORE THAN TEN DAYS, NOT INCLUDING SUNDAY; OR
2. The defendant has waived prosecution by information and consented
to be prosecuted upon the misdemeanor complaint, pursuant to subdivision
three of section 170.65; or
[2.] 3. The court is satisfied that there is good cause why such
order of release should not be issued. Such good cause must consist of
some compelling fact or circumstance which precluded replacement of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01302-01-3
A. 541 2
misdemeanor complaint by an information or a prosecutor's information
within the prescribed period.
S 2. Section 180.80 of the criminal procedure law, as amended by chap-
ter 556 of the laws of 1982 and subdivision 2 as amended by chapter 557
of the laws of 1982, is amended to read as follows:
S 180.80 Proceedings upon felony complaint; release of defendant from
custody upon failure of timely disposition.
Upon application of a defendant against whom a felony complaint has
been filed with a local criminal court, and who, since the time of his
arrest or subsequent thereto, has been held in custody pending disposi-
tion of such felony complaint, and who has been confined in such custody
for a period of more than one hundred twenty hours or, in the event that
a Saturday, Sunday or legal holiday occurs during such custody, one
hundred forty-four hours, without either a disposition of the felony
complaint or commencement of a hearing thereon, the local criminal court
must release him on his own recognizance unless:
1. THE FELONY COMPLAINT CHARGES A VIOLATION OF ARTICLE TWO HUNDRED
TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL LAW, IN SUCH CASE, NO
APPLICATION MAY BE MADE UNLESS SUCH DEFENDANT HAS BEEN CONFINED, AND IS
IN CUSTODY, FOR A PERIOD OF MORE THAN TWO HUNDRED FORTY HOURS OR, IN THE
EVENT THAT A SATURDAY, SUNDAY OR LEGAL HOLIDAY OCCURS DURING SUCH CUSTO-
DY, TWO HUNDRED SIXTY-FOUR HOURS; OR
2. The failure to dispose of the felony complaint or to commence a
hearing thereon during such period of confinement was due to the defend-
ant's request, action or condition, or occurred with his consent; or
[2.] 3. Prior to the application:
(a) The district attorney files with the court a written certification
that an indictment has been voted; or
(b) An indictment or a direction to file a prosecutor's information
charging an offense based upon conduct alleged in the felony complaint
was filed by a grand jury; or
[3.] 4. The court is satisfied that the people have shown good cause
why such order of release should not be issued. Such good cause must
consist of some compelling fact or circumstance which precluded disposi-
tion of the felony complaint within the prescribed period or rendered
such action against the interest of justice.
S 3. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.