S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1359
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M.  of  A.  QUART,  ROZIC,  SIMON, BARRON, KIM, HYNDMAN,
   MOSLEY,  SEAWRIGHT,  COOK,  ORTIZ,  GLICK,  D'URSO,  HUNTER,  SIMOTAS,
   D. ROSENTHAL,  TAYLOR,  LAVINE,  RODRIGUEZ,  DICKENS,  DILAN,  STIRPE,
   CARROLL,  VANEL,  BENEDETTO,  PEOPLES-STOKES,  WEPRIN,  RYAN,  HEVESI,
   DE LA ROSA,  CRESPO,  PRETLOW,  ABINANTI, JAFFEE, DenDEKKER, BICHOTTE,
   PHEFFER AMATO, BLAKE, JOYNER, NIOU, ENGLEBRIGHT, WALKER, OTIS,  GALEF,
   GOTTFRIED,  L. ROSENTHAL  --  Multi-Sponsored  by -- M. of A. EPSTEIN,
   LUPARDO -- read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to  recognizance
   procedures  and  bail reform; and to repeal certain provisions of such
   law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative intent. The purpose of this legislation is to
 reform the process by which courts in the state  of  New  York  evaluate
 applications by criminal defendants who seek release on their own recog-
 nizance.  New  York's  current bail statute has been applied in a manner
 that has led  to  unsatisfactory  levels  of  pre-trial  detention.  The
 purpose  of  this  legislation is to ensure decarceration and release of
 individuals on their own recognizance in the  overwhelming  majority  of
 criminal  cases  by  applying  a rebuttable presumption of recognizance.
 Courts in New York must consider only admissible  evidence  at  recogni-
 zance  hearings  and must apply the least restrictive measures to ensure
 an individual's return to court.
   § 2. Subdivisions 3, 6 and 7 of section 500.10 of the criminal  proce-
 dure law are amended to read as follows:
   3.  ["Fix bail." A court fixes bail when, having acquired control over
 the person of a principal, it designates a sum of money  and  stipulates
 that,  if  bail  in such amount is posted on behalf of the principal and
 approved, it will permit him to be at liberty during the pendency of the
 criminal action or proceeding involved] "RECOGNIZANCE HEARING"  MEANS  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01433-01-9

 A. 1359                             2
 
 HEARING BEFORE THE COURT WHERE THE PRINCIPAL APPEARS FOR THE PURPOSES OF
 THE  COURT  CONSIDERING  RECOGNIZANCE OR COMMITTING THE PRINCIPAL TO THE
 CUSTODY OF THE SHERIFF.
   6.  "Order of recognizance [or bail]" means a securing order releasing
 a principal on his own recognizance [or fixing bail].
   7. "Application for recognizance [or bail]" means an application by  a
 principal  [that] TO the court[, instead of committing him to or retain-
 ing him in] THAT THE PRINCIPAL BE RELEASED INSTEAD OF COMMITTED  TO  the
 custody  of  the sheriff[, either release him on his own recognizance or
 fix bail].
   § 3. Subdivisions 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and  19  of
 section  500.10  of the criminal procedure law are REPEALED and subdivi-
 sion 20 is renumbered subdivision 8.
   § 4. Section 510.10 of the criminal procedure law, as amended by chap-
 ter 459 of the laws of 1984, is amended to read as follows:
 § 510.10  Securing order; when required.
   1. When a principal, whose  future  court  attendance  at  a  criminal
 action  or  proceeding  is or may be required, initially comes under the
 control of a court, such court must, by a securing order, either release
 him OR HER on his OR HER own recognizance[, fix bail] or commit  him  OR
 HER  to  the  custody  of the sheriff.   EVERY COURT WHEN CONSIDERING AN
 APPLICATION FOR RECOGNIZANCE OR COMMITTING THE PRINCIPAL TO THE  CUSTODY
 OF THE SHERIFF MUST APPLY A REBUTTABLE PRESUMPTION OF RECOGNIZANCE, WITH
 THE  EXCEPTION OF THE FOLLOWING FELONY CHARGES WHERE THERE IS A REBUTTA-
 BLE PRESUMPTION OF COMMITMENT TO THE CUSTODY OF THE SHERIFF:
   (A) CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN SECTION 125.10 OF  THE
 PENAL LAW;
   (B)  AGGRAVATED  CRIMINALLY  NEGLIGENT  HOMICIDE AS DEFINED IN SECTION
 125.11 OF THE PENAL LAW;
   (C) MURDER IN THE SECOND DEGREE AS DEFINED IN SECTION  125.25  OF  THE
 PENAL LAW;
   (D) AGGRAVATED MURDER AS DEFINED IN SECTION 125.26 OF THE PENAL LAW;
   (E)  MURDER  IN  THE  FIRST DEGREE AS DEFINED IN SECTION 125.27 OF THE
 PENAL LAW;
   (F) RAPE IN THE FIRST DEGREE AS DEFINED IN SECTION 130.35 OF THE PENAL
 LAW;
   (G) COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE  FIRST  DEGREE  AS
 DEFINED IN SECTION 130.75 OF THE PENAL LAW;
   (H) PREDATORY SEXUAL ASSAULT AS DEFINED IN SECTION 130.95 OF THE PENAL
 LAW;
   (I)  PREDATORY  SEXUAL  ASSAULT  AGAINST A CHILD AS DEFINED IN SECTION
 130.96 OF THE PENAL LAW;
   (J) KIDNAPPING IN THE FIRST DEGREE AS DEFINED IN SECTION 135.25 OF THE
 PENAL LAW;
   (K) ARSON IN THE FIRST DEGREE AS DEFINED  IN  SECTION  150.20  OF  THE
 PENAL LAW;
   (L)  CRIMINAL POSSESSION OF A WEAPON IN THE FIRST DEGREE AS DEFINED IN
 SECTION 265.04 OF THE PENAL LAW;
   (M) CRIMINAL SALE OF A FIREARM IN  THE  FIRST  DEGREE  AS  DEFINED  IN
 SECTION 265.13 OF THE PENAL LAW;
   (N) TERRORISM IN THE SECOND DEGREE AS DEFINED IN SECTION 490.10 OF THE
 PENAL LAW;
   (O)  TERRORISM IN THE FIRST DEGREE AS DEFINED IN SECTION 490.15 OF THE
 PENAL LAW;
   (P) HINDERING PROSECUTION OF TERRORISM IN THE FIRST DEGREE AS  DEFINED
 IN SECTION 490.35 OF THE PENAL LAW;

 A. 1359                             3

   (Q)  CRIMINAL  POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN
 THE SECOND DEGREE AS DEFINED IN SECTION 490.40 OF THE PENAL LAW;
   (R)  CRIMINAL  POSSESSION  OF  A  CHEMICAL OR BIOLOGICAL WEAPON IN THE
 FIRST DEGREE AS DEFINED IN SECTION 490.45 OF THE PENAL LAW;
   (S) CRIMINAL USE OF A CHEMICAL OR  BIOLOGICAL  WEAPON  IN  THE  SECOND
 DEGREE AS DEFINED IN SECTION 490.50 OF THE PENAL LAW; OR
   (T)  CRIMINAL  USE  OF  A  CHEMICAL  OR BIOLOGICAL WEAPON IN THE FIRST
 DEGREE AS DEFINED IN SECTION 490.55 OF THE PENAL LAW.
   2. THE COURT SHALL INFORM THE PRINCIPAL THAT  THE  CONDITIONS  OF  THE
 SECURING   ORDER   ARE  SUBJECT  TO  MODIFICATION  CONSISTENT  WITH  THE
 PROVISIONS OF SECTION 510.25 OF THIS ARTICLE.
   3. When a securing order is revoked or  otherwise  terminated  in  the
 course of an uncompleted action or proceeding but the principal's future
 court  attendance  still is or may be required and he is still under the
 control of a court, a new securing order must be issued. When the  court
 revokes  or  otherwise  terminates  a securing order which committed the
 principal to the custody of the sheriff, the court  shall  give  written
 notification  to  the  sheriff  of such revocation or termination of the
 securing order.
   § 5. Section 510.20 of the criminal procedure law is amended  to  read
 as follows:
 § 510.20 Application  for  recognizance [or bail]; [making and] determi-
            nation [thereof in general] AND TIMING.
   1.  Upon any occasion when a court is required  to  issue  a  securing
 order  with  respect  to a principal, or at any time when a principal is
 confined in the custody of the sheriff  as  a  result  of  a  previously
 issued  securing  order, he may make an application for recognizance [or
 bail].
   2.  Upon such application, the principal must be accorded an  opportu-
 nity  to  be  heard,  PRESENT  EVIDENCE  and to contend that an order of
 recognizance [or bail must  or  should  issue,  that  the  court  should
 release  him  on  his own recognizance rather than fix bail, and that if
 bail is fixed it should be in a suggested amount and form] BE ISSUED.
   3. THE COURT SHALL MAKE A PRE-TRIAL RELEASE DECISION FOR THE PRINCIPAL
 WITHOUT UNNECESSARY DELAY, BUT IN NO CASE LATER THAN  FORTY-EIGHT  HOURS
 AFTER THE PRINCIPAL'S INITIAL COMMITMENT TO JAIL.
   §  6.  The  criminal  procedure  law  is  amended  by adding three new
 sections 510.25, 510.26 and 510.27 to read as follows:
 § 510.25 PROSECUTOR; MOTION.
   THE PROSECUTOR MAY FILE WITH THE COURT AT ANY TIME, INCLUDING  AT  ANY
 TIME  BEFORE  OR  AFTER  THE  PRINCIPAL'S RELEASE FROM CUSTODY, A MOTION
 SEEKING THE PRE-TRIAL DETENTION OF THE PRINCIPAL FOR WHICH THE  PROSECU-
 TOR SHALL PRESENT EVIDENCE TO THE COURT DEMONSTRATING THAT:
   1. THE PRINCIPAL WILL NOT APPEAR IN COURT AS REQUIRED; OR
   2.  THE  PRINCIPAL WILL OBSTRUCT OR ATTEMPT TO OBSTRUCT JUSTICE OR THE
 CRIMINAL PROCESS; OR
   3. THE PRINCIPAL WOULD THREATEN, INJURE OR INTIMIDATE,  A  PROSPECTIVE
 WITNESS OR JUROR.
 § 510.26 PROSECUTOR; MOTION; EVIDENTIARY STANDARD.
   A  MOTION TO THE COURT SEEKING PRE-TRIAL DETENTION PURSUANT TO SECTION
 510.25 OF THIS ARTICLE MUST SET FORTH ADMISSIBLE EVIDENCE AS DEFINED  BY
 THIS  CHAPTER.  THERE SHALL BE A REBUTTABLE PRESUMPTION THAT THE PRINCI-
 PAL BE DETAINED PENDING TRIAL IF THE COURT, UPON  CONSIDERATION  OF  THE
 ADMISSIBLE EVIDENCE, DETERMINES BY A PREPONDERANCE OF THE EVIDENCE THAT:
   1.  NONE  OF THE PRE-TRIAL SUPERVISION SERVICES AVAILABLE WOULD ENSURE
 THE PRINCIPAL'S APPEARANCE IN COURT WHEN REQUIRED; OR

 A. 1359                             4
 
   2. THE PRINCIPAL WOULD INJURE OR INTIMIDATE A PROSPECTIVE  WITNESS  OR
 JUROR IF RELEASED ON HIS OR HER OWN RECOGNIZANCE.
 § 510.27 MOTION FOR REHEARING; SECURING ORDER.
   1.  THE  PARTIES, AFTER A DETERMINATION BY THE COURT AT A RECOGNIZANCE
 HEARING, AT ANY TIME BEFORE TRIAL, MAY SUBMIT  A  MOTION  TO  THE  COURT
 SEEKING  TO  VACATE  OR  MODIFY THE SECURING ORDER.  A MOTION SEEKING TO
 VACATE OR MODIFY A SECURING ORDER MUST INCLUDE ADMISSIBLE EVIDENCE SHOW-
 ING A CHANGE OF CIRCUMSTANCES WITH RESPECT TO THE CONDITIONS  SET  FORTH
 IN SECTION 510.25 OF THIS ARTICLE.
   2.  THE  COURT  WILL  DETERMINE  BY  A  PREPONDERANCE  OF THE EVIDENCE
 PRESENTED WHETHER THE SECURING ORDER SHOULD BE VACATED OR MODIFIED.
   3. THE COURT SHALL REOPEN A RECOGNIZANCE HEARING UPON ITS OWN APPLICA-
 TION, AT ANY TIME BEFORE TRIAL, IF  THE  COURT  FINDS  THAT  INFORMATION
 EXISTS  THAT WAS NOT KNOWN TO THE PROSECUTOR OR PRINCIPAL AT THE TIME OF
 THE RECOGNIZANCE HEARING THAT HAS A MATERIAL BEARING ON  THE  CONDITIONS
 SET  FORTH  IN  SECTION 510.25 OF THIS ARTICLE. THE COURT WILL MAKE THIS
 INFORMATION KNOWN TO THE PROSECUTOR AND PRINCIPAL PRIOR TO THE  RECOGNI-
 ZANCE HEARING.
   §  7.  Section  510.30 of the criminal procedure law is REPEALED and a
 new section 510.30 is added to read as follows:
 § 510.30 RIGHT TO COUNSEL.
   A PRINCIPAL OR DEFENDANT HAS THE RIGHT TO THE  AID  OF  COUNSEL  AT  A
 RECOGNIZANCE  HEARING. IF HE OR SHE APPEARS UPON SUCH RECOGNIZANCE HEAR-
 ING WITHOUT COUNSEL, HE OR SHE HAS THE FOLLOWING RIGHTS:
   1. TO AN ADJOURNMENT FOR THE PURPOSE OF OBTAINING COUNSEL; AND
   2. TO HAVE COUNSEL ASSIGNED BY THE COURT IF HE OR SHE  IS  FINANCIALLY
 UNABLE TO OBTAIN THE SAME.
   § 8.  Section  510.40 of the criminal procedure law is amended to read
 as follows:
 § 510.40  Application for recognizance or [bail]  COMMITMENT;  [determi-
              nation thereof,] form of securing order and execution ther-
              eof.
   1.    An  application  for  recognizance  or [bail] COMMITMENT must be
 determined by a securing order which either:
   (a)  Grants the application and releases the principal on his  OR  HER
 own recognizance; or
   (b)  [Grants the application and fixes bail; or
   (c)]   Denies the application and commits the principal to, or retains
 him OR HER in, the custody of the sheriff.
   2.  Upon ordering that a principal be  released  on  his  OR  HER  own
 recognizance, the court must direct him OR HER to appear in the criminal
 action  or  proceeding  involved  whenever  his OR HER attendance may be
 required and to render himself OR HERSELF at all times amenable  to  the
 orders  and processes of the court.  If such principal is in the custody
 of the sheriff [or at liberty upon bail at the time of the  order],  the
 court must direct that he OR SHE be discharged from such custody [or, as
 the  case  may be, that his bail be exonerated]. ANY RESTRICTIONS PLACED
 ON A PRINCIPAL RELEASED ON HIS OR HER OWN RECOGNIZANCE MUST BE THE LEAST
 RESTRICTIVE THAT WILL ENSURE THE PRINCIPAL'S RETURN TO COURT.
   [3.  Upon the issuance of an order fixing bail, and upon  the  posting
 thereof,  the  court  must  examine  the  bail  to  determine whether it
 complies with the order.  If it does, the court must, in the absence  of
 some  factor  or circumstance which in law requires or authorizes disap-
 proval thereof, approve  the  bail  and  must  issue  a  certificate  of
 release,  authorizing  the  principal to be at liberty, and, if he is in
 the custody of the  sheriff  at  the  time,  directing  the  sheriff  to

 A. 1359                             5

 discharge  him  therefrom.    If the bail fixed is not posted, or is not
 approved after being posted, the court must order that the principal  be
 committed to the custody of the sheriff.]
   §  9.  Section 510.50 of the criminal procedure law is amended to read
 as follows:
 § 510.50  Enforcement of securing order.
   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 him OR HER at such time and place.  If the  principal
 is  at  liberty  on his OR HER own recognizance [or on bail], his OR HER
 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.
   § 10. The criminal procedure law is amended by adding  a  new  section
 510.60 to read as follows:
 § 510.60 STATISTICAL REPORTS.
   THE  DIVISION  OF  CRIMINAL  JUSTICE SERVICES WILL COMPILE AND PUBLISH
 DATA ON THE DISPOSITION OF ALL  RECOGNIZANCE  HEARINGS  IN  ALL  COURTS,
 DISAGGREGATED BY COUNTY AND INCLUDING THE FOLLOWING INFORMATION:
   1. THE AGGREGATE NUMBER OF RECOGNIZANCE HEARINGS;
   2. THE AGGREGATE NUMBER OF DEFENDANTS AND PRINCIPALS WHO WERE HEARD AT
 RECOGNIZANCE HEARINGS;
   3. THE RACE, ETHNICITY, AGE AND SEX OF EACH DEFENDANT OR PRINCIPAL;
   4. THE CRIMES EACH DEFENDANT OR PRINCIPAL WERE CHARGED WITH; AND
   5. THE DISPOSITION OF EACH HEARING WHETHER FOR RECOGNIZANCE OR COMMIT-
 MENT.
   § 11. Article 520 of the criminal procedure law is REPEALED.
   §  12. Section 530.10 of the criminal procedure law is amended to read
 as follows:
 § 530.10 Order of recognizance [or bail]; in general.
   Under circumstances prescribed in [this] article 510 OF THIS TITLE,  a
 court, upon application of a PRINCIPAL CHARGED WITH A CRIME OR A defend-
 ant [charged with or] convicted of an offense, is required or authorized
 to order [bail or] recognizance for the release [or prospective release]
 of  such  PRINCIPAL  OR  defendant,  OR  COMMITMENT OF SUCH PRINCIPAL OR
 DEFENDANT during the pendency of either:
   1.  A criminal action based upon such charge; or
   2.  An appeal taken by the defendant from a judgment of conviction  or
 a sentence or from an order of an intermediate appellate court affirming
 or modifying a judgment of conviction or a sentence.
   §  13. Paragraph (a) of subdivision 11 of section 530.12 of the crimi-
 nal procedure law, as amended by chapter 222 of the  laws  of  1994,  is
 amended to read as follows:
   (a)  revoke  an  order  of recognizance [or revoke an order of bail or
 order forfeiture of such bail] and commit the defendant to custody; or
   § 14. Sections 530.20, 530.30, 530.40, 530.45, 530.50, 530.60,  530.70
 and 530.80 of the criminal procedure law are REPEALED.
   § 15. This act shall take effect immediately.