S T A T E O F N E W Y O R K
________________________________________________________________________
3055--A
Cal. No. 40
2017-2018 Regular Sessions
I N A S S E M B L Y
January 25, 2017
___________
Introduced by M. of A. AUBRY, PERRY, ARROYO, BARRON, BLAKE, COOK, CRES-
PO, DAVILA, KIM, PICHARDO, PRETLOW, RICHARDSON, BICHOTTE, GOTTFRIED,
SEPULVEDA, OTIS, JEAN-PIERRE, SKARTADOS, JOYNER, ROSENTHAL, MOSLEY,
PEOPLES-STOKES, ROZIC, KAVANAGH, RODRIGUEZ, HYNDMAN, HARRIS -- Multi-
Sponsored by -- M. of A. ENGLEBRIGHT, FARRELL, RAMOS, SIMON -- read
once and referred to the Committee on Codes -- reported from commit-
tee, advanced to a third reading, amended and ordered reprinted,
retaining its place on the order of third reading
AN ACT to amend the criminal procedure law, in relation to time limits
for a speedy trial
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as "Kalief's law".
§ 2. Section 30.30 of the criminal procedure law, as added by chapter
184 of the laws of 1972, paragraph (a) of subdivision 3 as amended by
chapter 93 of the laws of 2006, paragraph (a) of subdivision 4 as
amended by chapter 558 of the laws of 1982, paragraph (c) of subdivision
4 as amended by chapter 631 of the laws of 1996, paragraph (h) of subdi-
vision 4 as added by chapter 837 of the laws of 1986, paragraph (i) of
subdivision 4 as added by chapter 446 of the laws of 1993, paragraph (j)
of subdivision 4 as added by chapter 222 of the laws of 1994, paragraph
(b) of subdivision 5 as amended by chapter 109 of the laws of 1982,
paragraphs (e) and (f) of subdivision 5 as added by chapter 209 of the
laws of 1990, is amended to read as follows:
§ 30.30 Speedy trial; time limitations.
1. Except as otherwise provided in subdivision [three] FOUR, a motion
made pursuant to paragraph (e) of subdivision one of section 170.30 or
paragraph (g) of subdivision one of section 210.20 must be granted where
the people are not ready for trial within:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07703-08-7
A. 3055--A 2
(a) six months of the commencement of a criminal action wherein a
defendant is accused of one or more offenses, at least one of which is a
felony;
(b) ninety days of the commencement of a criminal action wherein a
defendant is accused of one or more offenses, at least one of which is a
misdemeanor punishable by a sentence of imprisonment of more than three
months and none of which is a felony;
(c) sixty days of the commencement of a criminal action wherein the
defendant is accused of one or more offenses, at least one of which is a
misdemeanor punishable by a sentence of imprisonment of not more than
three months and none of which is a crime punishable by a sentence of
imprisonment of more than three months;
(d) thirty days of the commencement of a criminal action wherein the
defendant is accused of one or more offenses, at least one of which is a
violation and none of which is a crime.
2. Except as provided in subdivision [three] FOUR, where a defendant
has been committed to the custody of the sheriff in a criminal action he
must be released on bail or on his own recognizance, upon such condi-
tions as may be just and reasonable, if the people are not ready for
trial in that criminal action within:
(a) ninety days from the commencement of his commitment to the custody
of the sheriff in a criminal action wherein the defendant is accused of
one or more offenses, at least one of which is a felony;
(b) thirty days from the commencement of his commitment to the custody
of the sheriff in a criminal action wherein the defendant is accused of
one or more offenses, at least one of which is a misdemeanor punishable
by a sentence of imprisonment of more than three months and none of
which is a felony;
(c) fifteen days from the commencement of his commitment to the custo-
dy of the sheriff in a criminal action wherein the defendant is accused
of one or more offenses, at least one of which is a misdemeanor punisha-
ble by a sentence of imprisonment of not more than three months and none
of which is a crime punishable by a sentence of imprisonment of more
than three months;
(d) five days from the commencement of his commitment to the custody
of the sheriff in a criminal action wherein the defendant is accused of
one or more offenses, at least one of which is a violation and none of
which is a crime.
3. WHENEVER PURSUANT TO THIS SECTION A PROSECUTOR STATES OR OTHERWISE
PROVIDES NOTICE THAT THE PEOPLE ARE READY FOR TRIAL, THE COURT MAY MAKE
INQUIRY ON THE RECORD AS TO THEIR ACTUAL READINESS. IF, AFTER CONDUCTING
ITS INQUIRY, THE COURT DETERMINES THAT THE PEOPLE ARE NOT READY TO
PROCEED TO TRIAL, THE PROSECUTOR'S STATEMENT OR NOTICE OF READINESS
SHALL NOT BE VALID FOR PURPOSES OF THIS SECTION. FOLLOWING A DEMAND TO
PRODUCE BY A DEFENDANT PURSUANT TO SECTION 240.20, ANY STATEMENT OF
TRIAL READINESS MUST BE ACCOMPANIED OR PRECEDED BY A CERTIFICATION OF
GOOD FAITH COMPLIANCE WITH THE DISCLOSURE REQUIREMENTS OF SECTION
240.20. THIS SUBDIVISION SHALL NOT APPLY TO CASES WHERE THE DEFENSE HAS
WAIVED DISCLOSURE REQUIREMENTS. THE DEFENSE SHALL BE AFFORDED AN OPPOR-
TUNITY TO BE HEARD ON THE RECORD CONCERNING ANY SUCH INQUIRY BY THE
COURT, AND CONCERNING WHETHER SUCH DISCLOSURE REQUIREMENTS HAVE BEEN
MET.
3-A. UPON A MISDEMEANOR COMPLAINT, A STATEMENT OF READINESS SHALL NOT
BE VALID UNLESS THE PROSECUTING ATTORNEY CERTIFIES THAT ALL COUNTS
CHARGED IN THE ACCUSATORY INSTRUMENT MEET THE REQUIREMENTS OF SECTIONS
A. 3055--A 3
100.15 AND 100.40 AND THOSE COUNTS NOT MEETING THE REQUIREMENTS OF
SECTIONS 100.15 AND 100.40 HAVE BEEN DISMISSED.
4. (a) Subdivisions one and two do not apply to a criminal action
wherein the defendant is accused of an offense defined in sections
125.10, 125.15, 125.20, 125.25, 125.26 and 125.27 of the penal law.
(b) A motion made pursuant to subdivisions one or two upon expiration
of the specified period may be denied where the people are not ready for
trial if the people were ready for trial prior to the expiration of the
specified period and their present unreadiness is due to some excep-
tional fact or circumstance, including, but not limited to, the sudden
unavailability of evidence material to the people's case, when the
district attorney has exercised due diligence to obtain such evidence
and there are reasonable grounds to believe that such evidence will
become available in a reasonable period.
(c) A motion made pursuant to subdivision two shall not:
(i) apply to any defendant who is serving a term of imprisonment for
another offense;
(ii) require the release from custody of any defendant who is also
being held in custody pending trial of another criminal charge as to
which the applicable period has not yet elapsed;
(iii) prevent the redetention of or otherwise apply to any defendant
who, after being released from custody pursuant to this section or
otherwise, is charged with another crime or violates the conditions on
which he has been released, by failing to appear at a judicial proceed-
ing at which his presence is required or otherwise.
[4.] 5. In computing the time within which the people must be ready
for trial pursuant to subdivisions one and two, the following periods
must be excluded:
(a) a reasonable period of delay resulting from other proceedings
concerning the defendant, including but not limited to: proceedings for
the determination of competency and the period during which defendant is
incompetent to stand trial; demand to produce; request for a bill of
particulars; pre-trial motions; appeals; trial of other charges; and the
period during which such matters are under consideration by the court;
or
(b) the period of delay resulting from a continuance granted by the
court at the request of, or with the consent of, the defendant or his OR
HER counsel. The court [must] MAY grant such a continuance only if it is
satisfied that postponement is in the interest of justice, taking into
account the public interest in the prompt dispositions of criminal
charges. A defendant without counsel must not be deemed to have
consented to a continuance unless he has been advised by the court of
his OR HER rights under these rules and the effect of his consent, WHICH
MUST BE DONE ON THE RECORD IN OPEN COURT; or
(c) (i) the period of delay resulting from the absence or unavailabil-
ity of the defendant. A defendant must be considered absent whenever his
location is unknown and he is attempting to avoid apprehension or prose-
cution, or his location cannot be determined by due diligence. A defend-
ant must be considered unavailable whenever his location is known but
his presence for trial cannot be obtained by due diligence; or
(ii) where the defendant has either escaped from custody or has failed
to appear when required after having previously been released on bail or
on his own recognizance, and provided the defendant is not in custody on
another matter, the period extending from the day the court issues a
bench warrant pursuant to section 530.70 because of the defendant's
failure to appear in court when required, to the day the defendant
A. 3055--A 4
subsequently appears in the court pursuant to a bench warrant or volun-
tarily or otherwise; or
(d) a reasonable period of delay when the defendant is joined for
trial with a co-defendant as to whom the time for trial pursuant to this
section has not run and good cause is not shown for granting a sever-
ance; or
(e) the period of delay resulting from detention of the defendant in
another jurisdiction provided the district attorney is aware of such
detention and has been diligent and has made reasonable efforts to
obtain the presence of the defendant for trial; or
(f) the period during which the defendant is without counsel through
no fault of the court; except when the defendant is proceeding as his
own attorney with the permission of the court; or
(g) other periods of delay occasioned by exceptional circumstances,
including but not limited to, the period of delay resulting from a
continuance granted at the request of a district attorney if (i) the
continuance is granted because of the unavailability of evidence materi-
al to the people's case, when the district attorney has exercised due
diligence to obtain such evidence and there are reasonable grounds to
believe that such evidence will become available in a reasonable period;
or (ii) the continuance is granted to allow the district attorney addi-
tional time to prepare the people's case and additional time is justi-
fied by the exceptional circumstances of the case. ANY SUCH EXCLUSION
WHEN A STATEMENT OF UNREADINESS HAS FOLLOWED A STATEMENT OF READINESS
MADE BY THE PEOPLE MUST BE ACCOMPANIED BY SUPPORTING FACTS AND APPROVED
BY THE COURT. THE COURT SHALL INQUIRE ON THE RECORD AS TO THE REASONS
FOR THE PEOPLE'S UNREADINESS; OR
(h) the period during which an action has been adjourned in contem-
plation of dismissal pursuant to sections 170.55, 170.56 and 215.10 of
this chapter[.]; OR
(i) [The] THE period prior to the defendant's actual appearance for
arraignment in a situation in which the defendant has been directed to
appear by the district attorney pursuant to subdivision three of section
120.20 or subdivision three of section 210.10[.]; OR
(j) the period during which a family offense is before a family court
until such time as an accusatory instrument or indictment is filed
against the defendant alleging a crime constituting a family offense, as
such term is defined in section 530.11 of this chapter.
6. AT EACH COURT APPEARANCE DATE PRECEDING THE COMMENCEMENT OF TRIAL
IN A CRIMINAL ACTION, THE COURT, WHENEVER IT IS PRACTICABLE TO DO SO,
SHALL RULE PRELIMINARILY ON WHETHER THE ADJOURNMENT PERIOD IMMEDIATELY
FOLLOWING SUCH COURT APPEARANCE DATE IS TO BE INCLUDED OR EXCLUDED FOR
THE PURPOSES OF COMPUTING THE TIME WITHIN WHICH THE PEOPLE MUST BE READY
FOR TRIAL WITHIN THE MEANING OF THIS SECTION. THE COURT'S RULING SHALL
BE NOTED IN THE COURT FILE.
7. IN COMPUTING THE TIME WITHIN WHICH THE PEOPLE MUST BE READY FOR
TRIAL, PURSUANT TO SUBDIVISION TWO OR PARAGRAPHS (B), (C), OR (D) OF
SUBDIVISION ONE OF THIS SECTION, NO TIME ATTRIBUTABLE TO COURT
CONGESTION SHALL BE EXCLUDED.
[5.] 8. For purposes of this section, (a) where the defendant is to be
tried following the withdrawal of the plea of guilty or is to be retried
following a mistrial, an order for a new trial or an appeal or collat-
eral attack, the criminal action and the commitment to the custody of
the sheriff, if any, must be deemed to have commenced on the date the
withdrawal of the plea of guilty or the date the order occasioning a
retrial becomes final;
A. 3055--A 5
(b) where a defendant has been served with an appearance ticket, the
criminal action must be deemed to have commenced on the date the defend-
ant first appears in a local criminal court in response to the ticket;
(c) where a criminal action is commenced by the filing of a felony
complaint, and thereafter, in the course of the same criminal action
either the felony complaint is replaced with or converted to an informa-
tion, prosecutor's information or misdemeanor complaint pursuant to
article [180] ONE HUNDRED EIGHTY or a prosecutor's information is filed
pursuant to section 190.70, the period applicable for the purposes of
subdivision one must be the period applicable to the charges in the new
accusatory instrument, calculated from the date of the filing of such
new accusatory instrument; provided, however, that when the aggregate of
such period and the period of time, excluding the periods provided in
subdivision [four] FIVE, already elapsed from the date of the filing of
the felony complaint to the date of the filing of the new accusatory
instrument exceeds six months, the period applicable to the charges in
the felony complaint must remain applicable and continue as if the new
accusatory instrument had not been filed;
(d) where a criminal action is commenced by the filing of a felony
complaint, and thereafter, in the course of the same criminal action
either the felony complaint is replaced with or converted to an informa-
tion, prosecutor's information or misdemeanor complaint pursuant to
article [180] ONE HUNDRED EIGHTY or a prosecutor's information is filed
pursuant to section 190.70, the period applicable for the purposes of
subdivision two must be the period applicable to the charges in the new
accusatory instrument, calculated from the date of the filing of such
new accusatory instrument; provided, however, that when the aggregate of
such period and the period of time, excluding the periods provided in
subdivision [four] FIVE, already elapsed from the date of the filing of
the felony complaint to the date of the filing of the new accusatory
instrument exceeds ninety days, the period applicable to the charges in
the felony complaint must remain applicable and continue as if the new
accusatory instrument had not been filed.
(e) where a count of an indictment is reduced to charge only a misde-
meanor or petty offense and a reduced indictment or a prosecutor's
information is filed pursuant to subdivisions one-a and six of section
210.20, the period applicable for the purposes of subdivision one of
this section must be the period applicable to the charges in the new
accusatory instrument, calculated from the date of the filing of such
new accusatory instrument; provided, however, that when the aggregate of
such period and the period of time, excluding the periods provided in
subdivision [four] FIVE of this section, already elapsed from the date
of the filing of the indictment to the date of the filing of the new
accusatory instrument exceeds six months, the period applicable to the
charges in the indictment must remain applicable and continue as if the
new accusatory instrument had not been filed;
(f) where a count of an indictment is reduced to charge only a misde-
meanor or petty offense and a reduced indictment or a prosecutor's
information is filed pursuant to subdivisions one-a and six of section
210.20, the period applicable for the purposes of subdivision two of
this section must be the period applicable to the charges in the new
accusatory instrument, calculated from the date of the filing of such
new accusatory instrument; provided, however, that when the aggregate of
such period and the period of time, excluding the periods provided in
subdivision [four] FIVE of this section, already elapsed from the date
of the filing of the indictment to the date of the filing of the new
A. 3055--A 6
accusatory instrument exceeds ninety days, the period applicable to the
charges in the indictment must remain applicable and continue as if the
new accusatory instrument had not been filed.
[6.] 9. The procedural rules prescribed in subdivisions one through
seven of section 210.45 with respect to a motion to dismiss an indict-
ment are also applicable to a motion made pursuant to subdivision two.
§ 3. Subdivision 6 of section 180.85 of the criminal procedure law, as
added by chapter 518 of the laws of 2004, is amended to read as follows:
6. The period from the filing of a motion pursuant to this section
until entry of an order disposing of such motion shall not, by reason of
such motion, be considered a period of delay for purposes of subdivision
[four] FIVE of section 30.30, nor shall such period, by reason of such
motion, be excluded in computing the time within which the people must
be ready for trial pursuant to such section 30.30.
§ 4. This act shall take effect on the sixtieth day after it shall
have become a law.