S T A T E O F N E W Y O R K
________________________________________________________________________
5659
2019-2020 Regular Sessions
I N A S S E M B L Y
February 14, 2019
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Introduced by M. of A. ENGLEBRIGHT, COLTON, GUNTHER -- Multi-Sponsored
by -- M. of A. CYMBROWITZ, GALEF, PERRY -- read once and referred to
the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to prohibiting
issuance of an order of recognizance or bail to certain persons upon
conviction of a sex offense and expediting the perfection of appeals
of convictions of sex offenses against persons under the age of 18
years
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 530.40 of the criminal procedure
law, as amended by chapter 264 of the laws of 2003, is amended to read
as follows:
3. Notwithstanding the provisions of subdivision two, a superior court
may not order recognizance or bail, or permit a defendant to remain at
liberty pursuant to an existing order, after he OR SHE has been
convicted of either: (a) a class A felony or (b) any class B [or], class
C, CLASS D OR CLASS E felony defined in article one hundred thirty of
the penal law committed or attempted to be committed by a person eigh-
teen years of age or older against a person less than eighteen years of
age. In either case the court must commit or remand the defendant to the
custody of the sheriff.
§ 2. Subdivision 1 of section 530.45 of the criminal procedure law, as
amended by chapter 264 of the laws of 2003, is amended to read as
follows:
1. When the defendant is at liberty in the course of a criminal action
as a result of a prior order of recognizance or bail and the court
revokes such order and then either fixes no bail or fixes bail in a
greater amount or in a more burdensome form than was previously fixed
and remands or commits defendant to the custody of the sheriff, a judge
designated in subdivision two, upon application of the defendant follow-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09517-01-9
A. 5659 2
ing conviction of an offense other than a class A felony or a class B
[or], class C, CLASS D OR CLASS E felony offense defined in article one
hundred thirty of the penal law committed or attempted to be committed
by a person eighteen years of age or older against a person less than
eighteen years of age, and before sentencing, may issue a securing order
and either release defendant on his own recognizance, or fix bail, or
fix bail in a lesser amount or in a less burdensome form than fixed by
the court in which the conviction was entered.
§ 3. Section 530.50 of the criminal procedure law, as amended by chap-
ter 264 of the laws of 2003, is amended to read as follows:
§ 530.50 Order of recognizance or bail; during pendency of appeal.
A judge who is otherwise authorized pursuant to section 460.50 or
section 460.60 OF THIS CHAPTER to issue an order of recognizance or bail
pending the determination of an appeal, may do so unless the defendant
received a class A felony sentence or a sentence for any class B [or],
class C, CLASS D OR CLASS E felony offense defined in article one
hundred thirty of the penal law committed or attempted to be committed
by a person eighteen years of age or older against a person less than
eighteen years of age.
§ 4. Subdivisions 1 and 3 of section 460.70 of the criminal procedure
law, subdivision 1 as amended by chapter 195 of the laws of 2017 and
subdivision 3 as amended by chapter 695 of the laws of 1977, are amended
to read as follows:
1. Except as provided in subdivision two, the mode of and time for
perfecting an appeal which has been taken to an intermediate appellate
court from a judgement, sentence or order of a criminal court are deter-
mined by rules of the appellate division of the department in which such
appellate court is located. Among the matters to be determined by such
court rules are the times when the appeal must be noticed for and
brought to argument, the content and form of the records and briefs to
be served and filed, and the time when such records and briefs must be
served and filed. SUCH RULES SHALL ALSO PROVIDE THAT AN APPEAL RELATING
TO ANY CONVICTION OF A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED
THIRTY OF THE PENAL LAW COMMITTED OR ATTEMPTED TO BE COMMITTED AGAINST A
PERSON UNDER EIGHTEEN YEARS OF AGE SHALL BE PERFECTED ON AN EXPEDITED
BASIS COMPLETED WITHIN SIXTY DAYS OF THE FILING OF THE NOTICE OF APPEAL
AND SHALL BE HEARD WITHIN ONE HUNDRED TWENTY DAYS OF THE FILING OF THE
NOTICE OF APPEAL.
When an appeal is taken by a defendant pursuant to section 450.10 OF
THIS CHAPTER, a transcript shall be prepared and settled and shall be
filed with the criminal court by the court reporter. Electronically
recorded proceedings that were not recorded by a stenographer shall be
transcribed and filed with the court as directed by the chief adminis-
trator of the courts. The expense for such transcript and any reproduced
copies of such transcript shall be paid by the defendant. Where the
defendant is granted permission to proceed as a poor person by the
appellate court, the court reporter shall promptly make and file with
the criminal court a transcript of the stenographic minutes of such
proceedings as the appellate court shall direct. The expense of tran-
scripts and any reproduced copies of transcripts prepared for poor
persons under this section shall be a state charge payable out of funds
appropriated to the office of court administration for that purpose. The
appellate court shall where such is necessary for perfection of the
appeal, order that the criminal court furnish a reproduced copy of such
transcript to the defendant or his counsel.
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3. The mode of and time for perfecting any appeal which has been taken
to the court of appeals are determined by the rules of the court of
appeals. Among the matters to be determined by such court rules are the
times when the appeal must be noticed for and brought to argument, the
content, form and number of the records and briefs and copies thereof to
be served and filed, and the times when such records and briefs must be
served and filed. SUCH RULES SHALL ALSO PROVIDE THAT AN APPEAL RELATING
TO ANY CONVICTION OF A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED
THIRTY OF THE PENAL LAW COMMITTED OR ATTEMPTED TO BE COMMITTED AGAINST A
PERSON UNDER EIGHTEEN YEARS OF AGE SHALL BE PERFECTED ON AN EXPEDITED
BASIS COMPLETED WITHIN SIXTY DAYS OF THE FILING OF THE NOTICE OF APPEAL
AND SHALL BE HEARD WITHIN ONE HUNDRED TWENTY DAYS OF THE FILING OF THE
NOTICE OF APPEAL.
When an appeal is taken by a defendant pursuant to section 450.70 OF
THIS CHAPTER, the defendant shall cause to be prepared and printed or
otherwise duplicated pursuant to rules of the court of appeals the
record on appeal and the required number of copies thereof. If the
defendant is granted permission to appeal as a poor person, the expense
thereof shall be a state charge payable out of funds appropriated to the
office of court administration for that purpose.
§ 5. This act shall take effect immediately.