S T A T E   O F   N E W   Y O R K
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                                  1754

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

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  OF  THIS  CHAPTER,
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  OF THIS ARTICLE, 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 OF THIS PART;
  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 OF THIS CHAPTER,
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 OF THIS ARTICLE, may be  based  [only]  upon
the  ground that such sentence EITHER was (A) invalid as a matter of law
OR (B) UNDULY LENIENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05096-01-5

              

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  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:
  (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-

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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
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.