S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11122
 
                           I N  A S S E M B L Y
 
                             November 6, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Reilly) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in  relation  to  permitting
   judicial  discretion  based  on  dangerousness when issuing a securing
   order, extending the time period for discovery, permits the  immediate
   issuance  of a bench warrant for failure to appear for certain princi-
   pals, and places restrictions on when appearance tickets may be issued
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1  and  3 of section 510.10 of the criminal
 procedure law, subdivision 1 as amended and subdivision 3  as  added  by
 section  2 of part JJJ of chapter 59 of the laws of 2019, are amended to
 read as follows:
   1. When a principal, whose  future  court  attendance  at  a  criminal
 action or proceeding is or may be required, comes under the control of a
 court,  such  court  shall, in accordance with this title, by a securing
 order 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 principal 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 OR THAT THE PRINCIPAL POSES A DANGER
 TO A PERSON OR THE COMMUNITY. 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] AND in writing.
   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] AND
 in writing that:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15095-02-0

 A. 11122                            2
 
   (A) 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] AND in writing; OR
   (B) THE PRINCIPAL POSES A DANGER TO A PERSON OR THE COMMUNITY. IN SUCH
 INSTANCES, THE COURT MAY IN ITS DISCRETION RELEASE THE PRINCIPAL PENDING
 TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE OR UNDER  NON-MONETARY  CONDI-
 TIONS  OR  COMMIT THE PRINCIPAL TO THE CUSTODY OF THE SHERIFF, SELECTING
 THE LEAST RESTRICTIVE ALTERNATIVE AND CONDITIONS  THAT  WILL  REASONABLY
 ASSURE  THE  SAFETY  OF  SUCH  PERSON OR THE COMMUNITY. A SECURING ORDER
 COMMITTING THE PRINCIPAL TO THE CUSTODY OF THE SHERIFF SHALL BE  LIMITED
 TO  A  DURATION OF NINETY DAYS WHERE THE PRINCIPAL STANDS CHARGED WITH A
 MISDEMEANOR OR ONE  HUNDRED  EIGHTY  DAYS  WHERE  THE  PRINCIPAL  STANDS
 CHARGED  WITH A FELONY. WHERE A PRINCIPAL IS COMMITTED TO THE CUSTODY OF
 THE SHERIFF, THE PROSECUTOR MAY MAKE A MOTION TO EXTEND THE DURATION  OF
 SUCH CUSTODY BEYOND THE LIMITS IMPOSED PURSUANT TO THIS PARAGRAPH, WHERE
 SUCH  EXTENSION  IS  APPROPRIATE  IN THE INTERESTS OF JUSTICE. THE COURT
 SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND CONDITIONS ON THE RECORD AND
 IN WRITING.
   § 2. Paragraph (a) of subdivision 1 of section 530.20 of the  criminal
 procedure  law,  as added by section 16 of part JJJ of chapter 59 of the
 laws of 2019, is amended to read as follows:
   (a) In cases other than as described in paragraph (b) of this subdivi-
 sion the court shall release the principal pending trial on the  princi-
 pal's own recognizance, unless the court finds on the record [or] AND in
 writing that:
   (I)  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] AND in writing; OR
   (II) THE PRINCIPAL POSES A DANGER TO A PERSON  OR  THE  COMMUNITY.  IN
 SUCH  INSTANCES,  THE  COURT MAY IN ITS DISCRETION RELEASE THE PRINCIPAL
 PENDING TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE OR UNDER  NON-MONETARY
 CONDITIONS  OR  COMMIT  THE  PRINCIPAL  TO  THE  CUSTODY OF THE SHERIFF,
 SELECTING THE LEAST RESTRICTIVE ALTERNATIVE  AND  CONDITIONS  THAT  WILL
 REASONABLY ASSURE THE SAFETY OF SUCH PERSON OR THE COMMUNITY. A SECURING
 ORDER  COMMITTING  THE  PRINCIPAL TO THE CUSTODY OF THE SHERIFF SHALL BE
 LIMITED TO A DURATION OF NINETY DAYS WHERE THE PRINCIPAL STANDS  CHARGED
 WITH A MISDEMEANOR OR ONE HUNDRED EIGHTY DAYS WHERE THE PRINCIPAL STANDS
 CHARGED  WITH A FELONY. WHERE A PRINCIPAL IS COMMITTED TO THE CUSTODY OF
 THE SHERIFF, THE PROSECUTOR MAY MAKE A MOTION TO EXTEND THE DURATION  OF
 SUCH  CUSTODY  BEYOND  THE LIMITS IMPOSED PURSUANT TO THIS SUBPARAGRAPH,
 WHERE SUCH EXTENSION IS APPROPRIATE IN THE  INTERESTS  OF  JUSTICE.  THE
 COURT  SHALL  EXPLAIN  ITS  CHOICE  OF ALTERNATIVE AND CONDITIONS ON THE
 RECORD AND IN WRITING.
   § 3. Subdivision 3 of section 530.40 of the criminal procedure law, as
 amended by section 18 of part JJJ of chapter 59 of the laws of 2019,  is
 amended to read as follows:
   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]  AND
 in writing that:

 A. 11122                            3
 
   (A)  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] AND in writing; OR
   (B) THE PRINCIPAL POSES A DANGER TO A PERSON OR THE COMMUNITY. IN SUCH
 INSTANCES, THE COURT MAY IN ITS DISCRETION RELEASE THE PRINCIPAL PENDING
 TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE OR UNDER  NON-MONETARY  CONDI-
 TIONS  OR  COMMIT THE PRINCIPAL TO THE CUSTODY OF THE SHERIFF, SELECTING
 THE LEAST RESTRICTIVE ALTERNATIVE AND CONDITIONS  THAT  WILL  REASONABLY
 ASSURE  THE  SAFETY  OF  SUCH  PERSON OR THE COMMUNITY. A SECURING ORDER
 COMMITTING THE PRINCIPAL TO THE CUSTODY OF THE SHERIFF SHALL BE  LIMITED
 TO  A  DURATION OF NINETY DAYS WHERE THE PRINCIPAL STANDS CHARGED WITH A
 MISDEMEANOR OR ONE  HUNDRED  EIGHTY  DAYS  WHERE  THE  PRINCIPAL  STANDS
 CHARGED  WITH A FELONY. WHERE A PRINCIPAL IS COMMITTED TO THE CUSTODY OF
 THE SHERIFF, THE PROSECUTOR MAY MAKE A MOTION TO EXTEND THE DURATION  OF
 SUCH CUSTODY BEYOND THE LIMITS IMPOSED PURSUANT TO THIS PARAGRAPH, WHERE
 SUCH  EXTENSION  IS  APPROPRIATE  IN THE INTERESTS OF JUSTICE. THE COURT
 SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND CONDITIONS ON THE RECORD AND
 IN WRITING.
   § 4. Subdivision 1 of 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:
   1.  With  respect  to  any  principal,  the court in all cases, unless
 otherwise provided by law, must impose the least  restrictive  kind  and
 degree of control or restriction that is necessary to secure the princi-
 pal's  return  to  court  when required. In determining that matter, the
 court must, on the basis of available  information,  consider  and  take
 into  account  information  about  the principal that is relevant to the
 principal's return to court, including:
   (a) The principal's activities and history, INCLUDING BUT NOT  LIMITED
 TO, WHETHER SUCH PRINCIPAL HAS A HISTORY OF VIOLENCE;
   (b) If the principal is a defendant, the charges facing the principal,
 INCLUDING  BUT  NOT  LIMITED  TO,  THE USE OR THREATENED USE OF PHYSICAL
 FORCE BY SUCH PRINCIPAL;
   (c) The principal's criminal conviction record if any;
   (d) The principal's record of  previous  adjudication  as  a  juvenile
 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)  The  principal's  previous record with respect to flight to avoid
 criminal prosecution;
   (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)  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 follow-
 ing factors:
   (i) 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

 A. 11122                            4
 
 530.11 of this title,  whether  or  not  such  order  of  protection  is
 currently in effect; and
   (ii) the principal's history of use or possession of a firearm; [and]
   (h) If the principal is a defendant, in the case of an application for
 a  securing  order  pending  appeal,  the  merit or lack of merit of the
 appeal[.]; AND
   (I) THE NATURE AND SERIOUSNESS OF THE DANGER TO ANY  OTHER  PERSON  OR
 THE  COMMUNITY THAT WOULD BE POSED BY THE PRINCIPAL'S RELEASE, IF APPLI-
 CABLE.
   § 5. Paragraphs (a) and (b) of subdivision 1 of section 245.10 of  the
 criminal  procedure law, as added by section 2 of part LLL of chapter 59
 of the laws of 2019, are amended to read as follows:
   (a) The prosecution shall perform its  initial  discovery  obligations
 under subdivision one of section 245.20 of this article as soon as prac-
 ticable  but not later than [fifteen] FORTY-FIVE calendar days after the
 defendant's arraignment on an indictment,  superior  court  information,
 prosecutor's information, information, simplified information, misdemea-
 nor  complaint  or felony complaint. Portions of materials claimed to be
 non-discoverable may be withheld pending a determination and  ruling  of
 the  court under section 245.70 of this article; but the defendant shall
 be notified in writing that information has not been disclosed  under  a
 particular subdivision of such section, and the discoverable portions of
 such  materials  shall  be disclosed to the extent practicable. When the
 discoverable materials are exceptionally voluminous  or,  despite  dili-
 gent,  good faith efforts, are otherwise not in the actual possession of
 the prosecution, the time period in this paragraph may be stayed  by  up
 to an additional thirty calendar days without need for a motion pursuant
 to subdivision two of section 245.70 of this article.
   (b)  The  prosecution  shall  perform its supplemental discovery obli-
 gations under subdivision three of section 245.20  of  this  article  as
 soon  as  practicable  but  not later than [fifteen] FORTY-FIVE calendar
 days prior to the first scheduled trial date.
   § 6. 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  OR  WHEN  A  PRINCIPAL  FAILS  TO  APPEAR FOR A SCHEDULED COURT
 APPEARANCE INVOLVING A CHARGE OF A HATE  CRIME  AS  DEFINED  IN  SECTION
 485.05  OF THE PENAL LAW, absent relevant, credible evidence demonstrat-
 ing that a principal's failure to appear for a scheduled  court  appear-
 ance  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 coun-
 sel that the principal is required to appear, in order to give the prin-
 cipal an opportunity to appear voluntarily.

 A. 11122                            5
 
   §  7.  Paragraph  (a)  of  subdivision  1 and subdivision 2 of section
 150.20 of the criminal procedure law, paragraph (a) of subdivision 1  as
 amended  by  section  1-a of part JJJ of chapter 59 of the laws of 2019,
 subdivision 2 as amended by chapter 550 of the laws of 1987, are amended
 and a new paragraph (c) is added to subdivision 1 to read as follows:
   (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 OR 265.55 of the penal law,
 he shall, except as set out in [paragraph] PARAGRAPHS  (b)  AND  (C)  of
 this  subdivision,  subject  to the provisions of subdivisions three and
 four of section 150.40 of this title, instead issue to  and  serve  upon
 such person an appearance ticket.
   (C) AN OFFICER SHALL NOT ISSUE AN APPEARANCE TICKET IF:
   (I)  THE  PERSON  HAS  A  PENDING CASE FOR THE SAME OFFENSE WITHIN THE
 PREVIOUS SIX MONTHS;
   (II) THE PERSON HAS BEEN CONVICTED OF  THE  SAME  OFFENSE  WITHIN  THE
 PREVIOUS TWO YEARS.
   2.  (a)  Whenever  a  police  officer  has arrested 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
 OR 265.55 of the penal law pursuant to section 140.10, or (b) whenever a
 peace officer, who is not authorized by law to issue an appearance tick-
 et, has arrested a person 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 OR 265.55 of the penal law pursuant to section 140.25,  and
 has  requested  a  police  officer to issue and serve upon such arrested
 person an appearance ticket pursuant  to  subdivision  four  of  section
 140.27,  or (c) whenever a person has been arrested 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 OR 265.55 of the penal law
 and has been delivered to the custody of an appropriate  police  officer
 pursuant to section 140.40, such police officer may, instead of bringing
 such person before a local criminal court and promptly filing or causing
 the arresting peace officer or arresting person to file a local criminal
 court  accusatory  instrument  therewith,  issue  to and serve upon such
 person an appearance ticket. The issuance and service of  an  appearance
 ticket  under  such  circumstances  may be conditioned upon a deposit of
 pre-arraignment bail, as provided in section 150.30.
   § 8. This act shall take effect immediately.