S T A T E   O F   N E W   Y O R K
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                                  9176

                          I N  A S S E M B L Y

                             March 26, 2014
                               ___________

Introduced by M. of A. CROUCH -- read once and referred to the Committee
  on Codes

AN  ACT to amend the criminal procedure law, in relation to lenient bail
  and sentencing determinations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 450.10 of the criminal procedure law is amended by
adding a new subdivision 6 to read as follows:
  6. AN ORDER, ENTERED PURSUANT TO SECTION 530.42, GRANTING IN WHOLE  OR
IN PART AN APPLICATION OF THE PEOPLE.
  S  2. Subdivision 4 of section 450.20 of the criminal procedure law is
amended to read as follows:
  4. A sentence other than one of death, as prescribed  in  subdivisions
two  and three of section 450.30, UNLESS THE APPEAL IS BASED SOLELY UPON
THE GROUND THAT A SENTENCE WAS UNDULY LENIENT  WHEN  SUCH  SENTENCE  WAS
PREDICATED  UPON  ENTRY OF A PLEA OF GUILTY AND THE SENTENCE IMPOSED WAS
NOT LESS THAN THAT WHICH WAS AGREED TO BY THE PEOPLE AS A  CONDITION  OF
THE PLEA AND SET FORTH IN THE RECORD OR FILED WITH THE COURT AS REQUIRED
BY  SUBDIVISION  FIVE  OF  SECTION 220.50 OR SUBDIVISION FOUR OF SECTION
340.20;
  S 3. Section 450.20 of the criminal procedure law is amended by adding
a new subdivision 12 to read as follows:
  12. AN ORDER, ENTERED PURSUANT TO SECTION 530.42, DENYING IN WHOLE  OR
IN PART AN APPLICATION OF THE PEOPLE.
  S  4. Subdivision 2 of section 450.30 of the criminal procedure law is
amended to read as follows:
  2. An appeal by the people from a sentence, as authorized by  subdivi-
sion  four  of  section 450.20, may be based [only] upon the ground that
such sentence EITHER was (A) invalid as a matter of law  OR  (B)  UNDULY
LENIENT.
  S 5. Paragraph (c) of subdivision 2 and paragraph (b) of subdivision 6
of  section  470.15 of the criminal procedure law are amended to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14427-02-4
              

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  (c) Upon  a  determination  that  a  sentence  imposed  upon  a  valid
conviction  is  illegal  [or], unduly harsh or severe OR UNDULY LENIENT,
the court may modify the judgment by reversing it with  respect  to  the
sentence and by otherwise affirming it.
  (b)  That  a  sentence,  though  legal, was EITHER (I) unduly harsh or
severe OR (II) UNDULY LENIENT.
  S 6. Subdivision 6 of section 470.20 of the criminal procedure law  is
amended to read as follows:
  6.  Upon  modifying  a judgment or reversing a sentence as a matter of
discretion in the interest of justice upon the ground that the  sentence
is  unduly  harsh  or  severe  OR  UNDULY LENIENT, the court must itself
impose some legally authorized lesser OR GREATER sentence.
  S 7. Subdivision 3 of section 530.30 of the criminal procedure law  is
renumbered subdivision 6 and three new subdivisions 3, 4 and 5 are added
to read as follows:
  3.  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 THE PEOPLE, MAY REVOKE AN ORDER OF RECOGNIZANCE OR BAIL  ENTERED
BY A LOCAL CRIMINAL COURT AND FIX BAIL IN AN AMOUNT THE COURT DETERMINES
SUFFICIENT  OR,  IF  THE DEFENDANT IS CHARGED WITH ONE OR MORE CRIMES AT
LEAST ONE OF WHICH IS A FELONY, COMMIT THE DEFENDANT TO THE  CUSTODY  OF
THE SHERIFF.
  4.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS
SECTION, A SUPERIOR COURT JUDGE MAY NOT VACATE AN ORDER OF  RECOGNIZANCE
OR BAIL AND FIX BAIL OR COMMIT THE DEFENDANT TO THE CUSTODY OF THE SHER-
IFF UNLESS AND UNTIL:
  (A) THE DEFENDANT HAS HAD AN OPPORTUNITY TO BE HEARD IN THE MATTER OR,
AFTER  KNOWLEDGE OR NOTICE TO THE DEFENDANT OR HIS OR HER COUNSEL 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
  (B) SUCH JUDGE 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. WHEN A CRIMINAL ACTION IS PENDING IN A LOCAL CRIMINAL COURT AND  AN
ORDER  FIXING  BAIL  HAS  BEEN  ENTERED, AND THEREAFTER A LOCAL CRIMINAL
COURT ENTERS AN ORDER RELEASING THE DEFENDANT ON HIS OR HER OWN RECOGNI-
ZANCE OR FIXING BAIL IN A LESSER AMOUNT OR IN A LESS BURDENSOME  MANNER,
THE PEOPLE  MAY FILE WITH THE LOCAL CRIMINAL COURT A NOTICE OF INTENTION
TO APPLY TO A SUPERIOR COURT JUDGE PURSUANT TO SUBDIVISION THREE OF THIS
SECTION.  THE FILING OF SUCH A NOTICE SHALL STAY THE EFFECT OF THE ORDER
RELEASING THE DEFENDANT ON HIS OR HER OWN RECOGNIZANCE OR FIXING BAIL IN
A LESSER AMOUNT OR IN A LESS BURDENSOME MANNER. A STAY PURSUANT TO  THIS
SUBDIVISION  SHALL  REMAIN  IN  EFFECT FOR A PERIOD OF SEVENTY-TWO HOURS
UNLESS EXTENDED OR VACATED BY THE JUDGE OF THE SUPERIOR  COURT  TO  WHOM
THE PEOPLE APPLY PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  S  8.  The  criminal  procedure law is amended by adding a new section
530.42 to read as follows:
S 530.42 ORDER OF RECOGNIZANCE OR BAIL; REVIEW BY SUPERIOR COURT.
  1. WHEN A CRIMINAL ACTION IS PENDING IN A LOCAL CRIMINAL  COURT  OR  A
SUPERIOR  COURT, AND THE COURT HAS ORDERED RECOGNIZANCE OR BAIL, A JUDGE
OF THE SUPERIOR COURT HOLDING A TERM THEREOF IN THE COUNTY, UPON  APPLI-
CATION OF THE PEOPLE, MAY REVIEW AN ORDER OF RECOGNIZANCE OR BAIL PREVI-
OUSLY  ENTERED  IN THE ACTION AND FIX BAIL IN AN AMOUNT THE COURT DETER-
MINES SUFFICIENT OR, IF THE DEFENDANT IS CHARGED WITH ONE OR MORE CRIMES

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AT LEAST ONE OF WHICH IS A FELONY, COMMIT THE DEFENDANT TO  THE  CUSTODY
OF THE SHERIFF.
  2.  UPON AN APPLICATION FOR REVIEW PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, THE SUPERIOR COURT JUDGE MAY GRANT THE APPLICATION ONLY UPON  A
DETERMINATION  THAT  THE  ORDER  OF  RECOGNIZANCE  OR  BAIL UNDER REVIEW
CONSTITUTES AN ABUSE OF DISCRETION.
  3. AN APPLICATION PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE
ACCOMPANIED BY AN AFFIDAVIT OR AFFIRMATION WHICH SHALL STATE  THE  DATE,
AND  THE COURT OR JUDGE TO WHOM MADE, OF EVERY PREVIOUS APPLICATION, THE
DISPOSITION OF EACH SUCH APPLICATION AND OF ANY APPEAL  TAKEN,  AND  THE
NEW  FACTS  PRESENTED  IN THE APPLICATION THAT WERE NOT PRESENTED IN ANY
PREVIOUS APPLICATION.
  4. WHEN A CRIMINAL ACTION IS PENDING IN A SUPERIOR COURT AND AN  ORDER
IS  ENTERED  RELEASING  THE  DEFENDANT ON HIS OR HER OWN RECOGNIZANCE OR
FIXING BAIL, THE PEOPLE MAY APPLY ON AN EMERGENCY BASIS TO THE COURT  TO
WHICH  AN  APPLICATION PURSUANT TO SUBDIVISION ONE OF THIS SECTION WOULD
BE MADE FOR AN INTERIM ORDER FIXING BAIL OR COMMITTING THE DEFENDANT  TO
THE  CUSTODY  OF THE SHERIFF. SUCH AN ORDER SHALL REMAIN IN EFFECT FOR A
PERIOD OF SEVENTY-TWO HOURS UNLESS EXTENDED OR VACATED BY THE  COURT  TO
WHICH THE PEOPLE APPLY PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
  5.  THE CHIEF ADMINISTRATOR OF THE COURTS, WITH THE ADVICE AND CONSENT
OF THE ADMINISTRATIVE BOARD OF THE COURTS, SHALL ADOPT PROCEDURES  REGU-
LATING  THE COURT OR COURTS IN THE COUNTY TO WHICH AN APPLICATION PURSU-
ANT TO SUBDIVISION ONE OF THIS SECTION MAY BE MADE.
  S 9. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.