The New York State Senate

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

    S. 1505                                                  A. 2005

                      S E N A T E - A S S E M B L Y

                            January 18, 2019
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when printed to be committed to the Committee on Finance

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee on Ways and Means

AN  ACT  to  amend  the  civil  service  law, in relation to the state's
  contribution to the cost of health insurance premium for future  reti-
  rees  of  the  state and their dependents (Part A); to amend the civil
  service law, in relation to reimbursement for medicare premium charges
  (Part B); to amend the civil service law, in relation to  capping  the
  standard medicare premium charge (Part C); to amend the civil practice
  law  and  rules  and the state finance law, in relation to the rate of
  interest to be paid on judgment and accrued claims (Part D); to  amend
  the  civil  service  law,  in  relation  to protection of the personal
  privacy of public employees (Part E); to amend the civil service  law,
  in  relation  to the expiration of public arbitration panels (Part F);
  to amend chapter 97 of the laws of 2011, amending the general  munici-
  pal  law  and  the  education law relating to establishing limits upon
  school district and local government tax levies, in relation to making
  the tax cap permanent (Part G); to amend chapter 123 of  the  laws  of
  2014, amending the vehicle and traffic law, the general municipal law,
  and the public officers law relating to owner liability for failure of
  operator  to  comply  with traffic-control indications, in relation to
  extending the provisions thereof; to amend chapter 101 of the laws  of
  2014, amending the vehicle and traffic law, the general municipal law,
  and the public officers law relating to owner liability for failure of
  operator to comply with traffic-control indications in the city of Mt.
  Vernon,  in  relation to extending the effectiveness thereof; to amend
  chapter 19 of the laws of 2009, amending the vehicle and  traffic  law
  and  other  laws  relating  to adjudications and owner liability for a
  violation  of  traffic-control  signal  indications,  in  relation  to
  extending  the  provisions of such chapter; to amend chapter 99 of the
  laws of 2014, amending the vehicle and traffic law, the general munic-
  ipal law, and the public officers law relating to owner liability  for
  failure  of operator to comply with traffic-control indications in the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12570-01-9

S. 1505                             2                            A. 2005

  city of New Rochelle, in relation to extending the effectiveness ther-
  eof; to amend chapter 746 of the laws of 1988,  amending  the  vehicle
  and traffic law, the general municipal law and the public officers law
  relating  to the civil liability of vehicle owners for traffic control
  signal violations, in relation to extending the effectiveness thereof;
  to amend local law number 46 of the city of  New  York  for  the  year
  1989,  amending the administrative code of the city of New York relat-
  ing to civil liability of vehicle owners for  traffic  control  signal
  violations,  in  relation  to  extending the effectiveness thereof; to
  amend chapter 23 of the laws of 2009, amending the vehicle and traffic
  law and the public officers law relating to  adjudications  and  owner
  liability  for  a  violation of traffic-control signal indications, in
  relation to extending the provisions of such chapter; to amend chapter
  222 of the laws of 2015, amending the vehicle  and  traffic  law,  the
  general  municipal  law, and the public officers law relating to owner
  liability for failure of an operator to  comply  with  traffic-control
  indications  in the city of White Plains, in relation to extending the
  provisions of such chapter; and to amend chapter 20  of  the  laws  of
  2009, amending the vehicle and traffic law, the general municipal law,
  and  the  public officers law, relating to owner liability for failure
  of operator to comply with traffic control indications, in relation to
  extending the provisions thereof (Part H); to amend the state  finance
  law, in relation to base level grants for per capita state aid for the
  support  of  local government (Part I); to amend the real property tax
  law, in relation to a class one reassessment exemption  in  a  special
  assessing  unit that is not a city (Part J); to provide for the admin-
  istration of certain funds and accounts related to the 2019-20 budget,
  authorizing certain payments and transfers; to amend the state finance
  law, in relation to the school tax relief fund;  to  amend  the  state
  finance law, in relation to payments, transfers and deposits; to amend
  the  state finance law, in relation to reductions in enacted appropri-
  ations; to amend chapter 174 of the laws of 1968, constituting the New
  York state urban development corporation act, in relation to the issu-
  ance of certain bonds or notes; to amend part D of chapter 389 of  the
  laws of 1997, relating to the financing of the correctional facilities
  improvement  fund and the youth facility improvement fund, in relation
  to the issuance of certain bonds or notes; to amend the private  hous-
  ing  finance  law,  in  relation to the issuance of bonds or notes; to
  amend chapter 329 of the laws of 1991, amending the state finance  law
  and  other laws relating to the establishment of the dedicated highway
  and bridge trust fund, in relation to the issuance of certain bonds or
  notes; to amend the public authorities law, in relation to  the  issu-
  ance  of  certain bonds or notes; to amend part Y of chapter 61 of the
  laws of 2005, relating to providing for the administration of  certain
  funds and accounts related to the 2005-2006 budget, in relation to the
  issuance  of  certain bonds or notes; to amend part X of chapter 59 of
  the laws of 2004, authorizing the New  York  state  urban  development
  corporation  and  the  dormitory authority of the state of New York to
  issue bonds or notes, in relation to the issuance  of  such  bonds  or
  notes;  to amend part K of chapter 81 of the laws of 2002, relating to
  providing for the administration of certain funds and accounts related
  to the 2002-2003 budget, in relation to the issuance of certain  bonds
  or  notes;  to amend chapter 392 of the laws of 1973, constituting the
  New York state medical care facilities finance agency act, in relation
  to the issuance of certain bonds or notes; to amend chapter 359 of the
  laws of 1968, constituting the facilities development corporation act,

S. 1505                             3                            A. 2005

  in relation to the mental hygiene facilities improvement  fund  income
  account;  and  to  amend  the state finance law, in relation to mental
  health  services  fund;  and  providing  for  the  repeal  of  certain
  provisions  upon  expiration  thereof (Part K); to amend chapter 22 of
  the laws of 2014, relating to expanding opportunities for service-dis-
  abled veteran-owned business enterprises, in relation to extending the
  provisions thereof (Part L); to amend the workers'  compensation  law,
  in  relation to the investment of surplus funds of the state insurance
  fund (Part M); to amend the workers' compensation law, in relation  to
  the  right to cancel an insurance policy for failure by an employer to
  cooperate with a payroll audit and to the collection  of  premiums  in
  case  of  default  (Part N); to amend chapter 887 of the laws of 1983,
  amending the correction law relating to the psychological  testing  of
  candidates, in relation to the effectiveness thereof; to amend chapter
  428  of  the laws of 1999, amending the executive law and the criminal
  procedure law relating to expanding the geographic area of  employment
  of certain police officers, in relation to extending the expiration of
  such  chapter;  to amend chapter 886 of the laws of 1972, amending the
  correction law and the penal law relating  to  prisoner  furloughs  in
  certain  cases  and  the crime of absconding therefrom, in relation to
  the effectiveness thereof; to amend chapter 261 of the laws  of  1987,
  amending  chapters  50,  53 and 54 of the laws of 1987, the correction
  law, the penal law and other chapters and laws relating to correction-
  al facilities, in relation to  the  effectiveness  thereof;  to  amend
  chapter  55  of  the laws of 1992, amending the tax law and other laws
  relating to taxes,  surcharges,  fees  and  funding,  in  relation  to
  extending  the  expiration  of  certain provisions of such chapter; to
  amend chapter 339 of the laws of 1972, amending the correction law and
  the penal law relating to inmate work release, furlough and leave,  in
  relation to the effectiveness thereof; to amend chapter 60 of the laws
  of  1994  relating to certain provisions which impact upon expenditure
  of certain appropriations made by chapter  50  of  the  laws  of  1994
  enacting the state operations budget, in relation to the effectiveness
  thereof;  to  amend  chapter  3  of  the  laws  of  1995, amending the
  correction law and other laws relating to the  incarceration  fee,  in
  relation  to  extending  the  expiration of certain provisions of such
  chapter; to amend chapter  62  of  the  laws  of  2011,  amending  the
  correction  law  and the executive law relating to merging the depart-
  ment of correctional services and division of parole into the  depart-
  ment  of  corrections  and  community  supervision, in relation to the
  effectiveness thereof; to amend chapter  907  of  the  laws  of  1984,
  amending  the correction law, the New York city criminal court act and
  the executive law relating to prison and jail housing and alternatives
  to detention and incarceration programs, in relation to extending  the
  expiration of certain provisions of such chapter; to amend chapter 166
  of  the  laws of 1991, amending the tax law and other laws relating to
  taxes, in relation to extending the expiration of  certain  provisions
  of  such chapter; to amend the vehicle and traffic law, in relation to
  extending the expiration of the mandatory surcharge and victim assist-
  ance fee; to amend chapter 713 of the laws of 1988, amending the vehi-
  cle and traffic law relating to the ignition interlock device program,
  in relation to extending the expiration thereof; to amend chapter  435
  of the laws of 1997, amending the military law and other laws relating
  to various provisions, in relation to extending the expiration date of
  the  merit  provisions of the correction law and the penal law of such
  chapter; to amend chapter 412 of the laws of 1999, amending the  civil

S. 1505                             4                            A. 2005

  practice law and rules and the court of claims act relating to prison-
  er  litigation  reform, in relation to extending the expiration of the
  inmate filing fee provisions of the civil practice law and  rules  and
  general  filing  fee  provision  and inmate property claims exhaustion
  requirement of the court of claims act of such chapter; to amend chap-
  ter 222 of the laws of 1994 constituting  the  family  protection  and
  domestic  violence  intervention act of 1994, in relation to extending
  the expiration of certain provisions of  the  criminal  procedure  law
  requiring the arrest of certain persons engaged in family violence; to
  amend chapter 505 of the laws of 1985, amending the criminal procedure
  law relating to the use of closed-circuit television and other protec-
  tive  measures  for  certain child witnesses, in relation to extending
  the expiration of the provisions thereof; to amend chapter  3  of  the
  laws  of 1995, enacting the sentencing reform act of 1995, in relation
  to extending the expiration of certain provisions of such chapter;  to
  amend  chapter 689 of the laws of 1993 amending the criminal procedure
  law relating to electronic court appearance in  certain  counties,  in
  relation  to extending the expiration thereof; to amend chapter 688 of
  the laws of 2003, amending the executive law relating to enacting  the
  interstate  compact for adult offender supervision, in relation to the
  effectiveness thereof; to amend chapter 56 of the laws of 2009, amend-
  ing the correction law relating to limiting  the  closing  of  certain
  correctional  facilities,  providing for the custody by the department
  of  correctional  services  of  inmates  serving  definite  sentences,
  providing  for  custody of federal prisoners and requiring the closing
  of certain correctional facilities, in relation to  the  effectiveness
  of such chapter; to amend chapter 152 of the laws of 2001 amending the
  military  law  relating to military funds of the organized militia, in
  relation to the effectiveness thereof; to amend  chapter  554  of  the
  laws  of  1986, amending the correction law and the penal law relating
  to providing for community treatment facilities and  establishing  the
  crime of absconding from the community treatment facility, in relation
  to  the  effectiveness thereof; and to amend chapter 55 of the laws of
  2018 amending the criminal  procedure  law  relating  to  pre-criminal
  proceeding  settlements  in  the  city of New York, in relation to the
  effectiveness thereof (Part O); to amend the criminal  procedure  law,
  in relation to the statute of limitations in criminal prosecution of a
  sexual  offense committed against a child; to amend the civil practice
  law and rules, in relation to the statute  of  limitations  for  civil
  actions  related  to  a  sexual offense committed against a child, and
  granting trial preference to such actions; to amend the general munic-
  ipal law, in relation to providing that the notice of claim provisions
  shall not apply to such actions; to amend the court of claims act,  in
  relation  to providing that the notice of intention to file provisions
  shall not apply to such  actions;  to  amend  the  education  law,  in
  relation  to  providing  that the notice of claim provisions shall not
  apply to such actions; and to amend the judiciary law, in relation  to
  judicial  training relating to sexual abuse of minors and rules reviv-
  ing civil actions relating to sexual offenses committed against  chil-
  dren  (Part  P);  to amend the penal law, in relation to prohibiting a
  sexual orientation panic defense  (Part  Q);  to  amend  the  criminal
  procedure  law,  in  relation  to  admissibility  of a victim's sexual
  conduct in a sex offense (Part R); to amend the penal law, the  crimi-
  nal  procedure  law, the family court act and the civil rights law, in
  relation to establishing the crime of unlawful dissemination or publi-
  cation of an intimate image (Part S); to amend the criminal  procedure

S. 1505                             5                            A. 2005

  law,  in relation to the statute of limitations for rape in the second
  degree and rape in the third degree (Part T); to amend the  penal  law
  and  the  criminal procedure law, in relation to sentencing and resen-
  tencing  in  domestic violence cases (Part U); to amend the penal law,
  in relation to assault on a journalist (Part V); to  amend  the  penal
  law  and  the  criminal  procedure law, in relation to eliminating the
  imposition of the death penalty; and to repeal certain  provisions  of
  the  criminal  procedure  law,  the judiciary law, the county law, the
  correction law and the executive law relating to the imposition of the
  death penalty (Part W); to amend the penal law, in relation to prohib-
  iting  the  possession,  manufacture,  transport  and  disposition  of
  rapid-fire  modification  devices (Part X); to amend the penal law and
  the general business law, in relation to establishing a waiting period
  before a firearm, shotgun or rifle may be delivered to a person  (Part
  Y);  to  amend  the civil practice law and rules and the penal law, in
  relation to establishing extreme risk protection orders  as  court-is-
  sued  orders  of  protection  prohibiting  a  person  from purchasing,
  possessing or attempting to purchase or possess a  firearm,  rifle  or
  shotgun  (Part Z); to amend the criminal procedure law and the judici-
  ary law, in relation to the issuance of securing orders; and to repeal
  certain provisions of the criminal procedure law and the insurance law
  relating thereto (Subpart A); to amend the criminal procedure law  and
  the  penal  law,  in  relation to discovery reform and intimidating or
  tampering with a victim or witness; and to repeal  certain  provisions
  of  the  criminal  procedure  law relating thereto (Subpart B); and to
  amend the criminal procedure law, in relation to  a  waiver  and  time
  limits  for  a speedy trial (Subpart C) (Part AA); to amend the public
  officers law, the civil practice law and rules and the executive  law,
  in  relation  to the freedom of information law; and to repeal section
  88 of the public officers law, section 70-0113  of  the  environmental
  conservation  law  and  subdivision 4 of section 308 of the county law
  relating thereto (Part BB); to amend the workers' compensation law, in
  relation to extending the board's authority to  resolve  medical  bill
  disputes  and  simplify  the process (Part CC); to amend section 14 of
  part J of chapter 62 of the laws of 2003, amending the county law  and
  other  laws  relating  to  fees collected, in relation to certain fees
  collected by the office of court  administration;  and  to  amend  the
  judiciary law, in relation to the biennial registration fee for attor-
  neys  (Part  DD);  to amend the criminal procedure law, in relation to
  grand jury procedures (Part EE); authorizing the alienation of certain
  parklands in the town of Hastings, county  of  Oswego  (Part  FF);  to
  amend  the  state  finance  law,  in  relation  to  authorizing use of
  centralized services by public authorities and public  benefit  corpo-
  rations  to  acquire  energy products as centralized services from the
  office of general services; to amend chapter 410 of the laws of  2009,
  amending  the  state finance law relating to authorizing the aggregate
  purchases of energy for state agencies,  institutions,  local  govern-
  ments, public authorities and public benefit corporations, in relation
  to the effectiveness thereof; and to amend part C of chapter 97 of the
  laws  of  2011, amending the state finance law and other laws relating
  to providing certain centralized service to political subdivisions and
  extending the authority of the commissioner  of  general  services  to
  aggregate  purchases of energy for state agencies and political subdi-
  visions, in relation to the effectiveness thereof (Part GG); to  amend
  the  public  buildings  law,  in  relation  to  increasing the maximum
  contract amount during construction emergencies; and to amend  chapter

S. 1505                             6                            A. 2005

  674 of the laws of 1993, amending the public buildings law relating to
  value  limitations on contracts, in relation to making such provisions
  permanent (Part HH); to amend the banking law, in relation to  licens-
  ing  considerations for check cashers (Subpart A); to amend the educa-
  tion law, in relation to eligibility for serving on a  New  York  city
  community  district  education  council and city-wide council (Subpart
  B); to amend the executive law, in  relation  to  licensing  consider-
  ations for bingo suppliers (Subpart C); to amend the executive law, in
  relation  to  licensing considerations for notary publics (Subpart D);
  to amend the general municipal law, in relation to licensing consider-
  ations for suppliers of games of chance, for games  of  chance  licen-
  sees, for bingo licensees, and for lessors of premises to bingo licen-
  sees (Subpart E); to amend the insurance law, in relation to licensing
  considerations for insurer adjusters and for employment with insurance
  adjusters; and to repeal certain provisions of such law relating ther-
  eto  (Subpart  F);  to  amend  the  real  property law, in relation to
  licensing considerations for real estate brokers or real estate sales-
  men (Subpart G); to amend the social  services  law,  in  relation  to
  participation as employer in subsidized employer programs (Subpart H);
  to  amend  the vehicle and traffic law, in relation to eligibility for
  employment by  a  driver's  school  (Subpart  I);  to  repeal  certain
  provisions  of  the  vehicle  and  traffic  law, relating to mandatory
  suspension of drivers' licenses for certain offenses (Subpart  J);  to
  amend  the  public officers law, in relation to prohibiting disclosure
  of law enforcement booking information and photographs (Subpart K); to
  amend the executive law and the judiciary law, in relation  to  exclu-
  sion  of  undisposed  cases  from  criminal  history  record  searches
  (Subpart L); directs the commissioner  of  the  division  of  criminal
  justice  services  to seal certain records of any action or proceeding
  terminated in favor of the accused or convictions for certain  traffic
  violations  (Subpart  M); to amend the executive law and the judiciary
  law, in  relation  to  preventing  employment  discrimination  against
  persons whose criminal charges have been adjourned in contemplation of
  dismissal  (Subpart  N);  to  amend  the executive law, in relation to
  preventing employment discrimination against  persons  whose  criminal
  charges have been adjourned in contemplation of dismissal (Subpart O);
  and  to amend the executive law, in relation to release on compassion-
  ate parole for inmates affected by age-related disability (Subpart  P)
  (Part  II);  to  amend  the  correction law, in relation to segregated
  confinement (Part JJ); to amend the penal law and the correction  law,
  in  relation  to  shock  incarceration  (Part  KK); to amend the civil
  service law, in relation to  establishing  continuing  eligible  lists
  (Part  LL); to amend the civil service law, in relation to promotional
  examination eligibility (Part MM); to amend the civil service law,  in
  relation  to  salary  protection to incumbents (Part NN); to amend the
  penal law, in relation to reducing certain sentences  of  imprisonment
  for  misdemeanors to three hundred sixty-four days (Part OO); to amend
  the civil practice law and rules,  the  county  law  and  the  general
  municipal  law,  in  relation  to  restricting  forfeiture actions and
  creating greater accountability for seized assets; and  to  amend  the
  criminal  procedure  law  and  the penal law, in relation to reporting
  certain demographic data (Part PP); to amend the family court act,  in
  relation  to establishing the child-parent security act; and to repeal
  section 73 and article 8 of the domestic relations  law,  relating  to
  artificial  insemination  and surrogate parenting contracts (Part QQ);
  and to amend the executive law, in relation to creating an  office  of

S. 1505                             7                            A. 2005

  special  investigation within the department of law, requiring reports
  on the discharge of a firearm, and requiring the  establishment  of  a
  model law enforcement use of force policy (Part RR)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2019-2020
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through RR. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes reference to  a  section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. Section 167 of the civil service law is amended by adding a
new subdivision 10 to read as follows:
  10. NOTWITHSTANDING ANY INCONSISTENT PROVISION  OF  LAW,  THE  STATE'S
CONTRIBUTION  FOR  THE  COST  OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE
COVERAGE OF RETIRED STATE EMPLOYEES WHO ARE ENROLLED  IN  THE  STATEWIDE
AND  THE SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED PURSUANT TO THIS
ARTICLE AND WHO ARE HIRED ON OR AFTER APRIL FIRST, TWO THOUSAND NINETEEN
SHALL BE AS SET FORTH IN THIS SUBDIVISION.
  (A) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT  OR  EQUATED  TO
GRADE  TEN  OR  HIGHER  WITH  AT LEAST TEN BUT LESS THAN TWENTY YEARS OF
SERVICE, THE STATE SHALL PAY FIFTY PERCENT OF THE  COST  OF  PREMIUM  OR
SUBSCRIPTION  CHARGES  FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE
EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF THE  COST
OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF
TEN YEARS, TO A MAXIMUM OF SIXTY-EIGHT PERCENT OF THE COST OF PREMIUM OR
SUBSCRIPTION  CHARGES. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT
OR EQUATED TO GRADE TEN OR HIGHER WITH TWENTY OR MORE YEARS OF  SERVICE,
THE  STATE  SHALL  PAY  SEVENTY-FOUR  PERCENT  OF THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH  RETIRED  STATE
EMPLOYEES.  SUCH CONTRIBUTIONS SHALL INCREASE BY ONE PERCENT OF THE COST
OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF
TWENTY YEARS, TO A MAXIMUM OF EIGHTY-FOUR PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES.
  (B) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT  OR  EQUATED  TO
GRADE  NINE  OR  LOWER  WITH  AT LEAST TEN BUT LESS THAN TWENTY YEARS OF
SERVICE, THE STATE SHALL PAY FIFTY-FOUR PERCENT OF THE COST  OF  PREMIUM
OR  SUBSCRIPTION  CHARGES  FOR  THE  INDIVIDUAL COVERAGE OF SUCH RETIRED
STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF THE
COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR  EACH  YEAR  OF  SERVICE  IN
EXCESS  OF TEN YEARS, TO A MAXIMUM OF SEVENTY-TWO PERCENT OF THE COST OF
PREMIUM OR SUBSCRIPTION CHARGES. FOR STATE EMPLOYEES WHO RETIRE  FROM  A
POSITION  AT OR EQUATED TO GRADE NINE OR LOWER WITH TWENTY OR MORE YEARS
OF SERVICE, THE STATE SHALL PAY SEVENTY-EIGHT PERCENT  OF  THE  COST  OF
PREMIUM  OR  SUBSCRIPTION  CHARGES  FOR  THE INDIVIDUAL COVERAGE OF SUCH

S. 1505                             8                            A. 2005

RETIRED STATE  EMPLOYEES.  SUCH  CONTRIBUTIONS  SHALL  INCREASE  BY  ONE
PERCENT  OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF
SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF EIGHTY-EIGHT  PERCENT
OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES.
  (C)  FOR  STATE  EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO
GRADE TEN OR HIGHER WITH AT LEAST TEN BUT  LESS  THAN  TWENTY  YEARS  OF
SERVICE,  THE STATE SHALL PAY THIRTY-FIVE PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF  SUCH  RETIRED
STATE  EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF THE
COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR  EACH  YEAR  OF  SERVICE  IN
EXCESS  OF TEN YEARS, TO A MAXIMUM OF FIFTY-THREE PERCENT OF THE COST OF
PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES
WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE  TEN  OR  HIGHER  WITH
TWENTY  OR MORE YEARS OF SERVICE, THE STATE SHALL PAY FIFTY-NINE PERCENT
OF THE COST OF PREMIUM OR  SUBSCRIPTION  CHARGES  FOR  THE  COVERAGE  OF
DEPENDENTS  OF  SUCH  RETIRED  STATE  EMPLOYEES; SUCH CONTRIBUTION SHALL
INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR  SUBSCRIPTION  CHARGES
FOR  EACH  YEAR  OF  SERVICE  IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF
SIXTY-NINE PERCENT OF THE COST OF PREMIUM OR  SUBSCRIPTION  CHARGES  FOR
SUCH DEPENDENTS.
  (D)  FOR  STATE  EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO
GRADE NINE OR LOWER WITH AT LEAST TEN BUT  LESS  THAN  TWENTY  YEARS  OF
SERVICE,  THE STATE SHALL PAY THIRTY-NINE PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF  SUCH  RETIRED
STATE  EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF THE
COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR  EACH  YEAR  OF  SERVICE  IN
EXCESS  OF TEN YEARS, TO A MAXIMUM OF FIFTY-SEVEN PERCENT OF THE COST OF
PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES
WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE  NINE  OR  LOWER  WITH
TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY SIXTY-THREE PERCENT
OF  THE  COST  OF  PREMIUM  OR  SUBSCRIPTION CHARGES FOR THE COVERAGE OF
DEPENDENTS OF SUCH RETIRED  STATE  EMPLOYEES;  SUCH  CONTRIBUTION  SHALL
INCREASE  BY  ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES
FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY  YEARS,  TO  A  MAXIMUM  OF
SEVENTY-THREE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR
SUCH DEPENDENTS.
  (E)  WITH  RESPECT TO ALL SUCH RETIRED STATE EMPLOYEES, EACH INCREMENT
OF ONE OR TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR
EACH YEAR OF SERVICE SHALL BE APPLICABLE FOR WHOLE YEARS OF  SERVICE  TO
THE STATE AND SHALL NOT BE APPLIED ON A PRO-RATA BASIS FOR PARTIAL YEARS
OF SERVICE.
  (F) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO:
  (1) MEMBERS OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
SYSTEM;
  (2)  MEMBERS  IN  THE  UNIFORMED  PERSONNEL  IN INSTITUTIONS UNDER THE
JURISDICTION OF THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION OR WHO ARE SECURITY HOSPITAL TREATMENT ASSISTANTS, AS DEFINED  IN
SECTION EIGHTY-NINE OF THE RETIREMENT AND SOCIAL SECURITY LAW; AND
  (3)  ANY  STATE  EMPLOYEE DETERMINED TO HAVE RETIRED WITH AN ORDINARY,
ACCIDENTAL, OR PERFORMANCE OF DUTY DISABILITY RETIREMENT BENEFIT.
  (G)  FOR  THE  PURPOSES  OF  DETERMINING  THE  COST  OF   PREMIUM   OR
SUBSCRIPTION  CHARGES TO BE PAID BY THE STATE ON BEHALF OF RETIRED STATE
EMPLOYEES ENROLLED IN THE NEW YORK STATE HEALTH  INSURANCE  PROGRAM  WHO
ARE  HIRED  ON  OR  AFTER  APRIL FIRST, TWO THOUSAND NINETEEN, THE STATE
SHALL CONSIDER ALL YEARS OF SERVICE THAT A RETIRED  STATE  EMPLOYEE  HAS
ACCRUED  IN  A  PUBLIC  RETIREMENT  SYSTEM  OF  THE STATE OR AN OPTIONAL

S. 1505                             9                            A. 2005

RETIREMENT PROGRAM ESTABLISHED PURSUANT TO ARTICLE  THREE,  EIGHT-B,  OR
ONE  HUNDRED  TWENTY-FIVE-A OF THE EDUCATION LAW. THE PROVISIONS OF THIS
PARAGRAPH MAY NOT BE USED TO GRANT ELIGIBILITY FOR RETIREE STATE  HEALTH
INSURANCE  COVERAGE TO A RETIREE WHO IS NOT OTHERWISE ELIGIBLE TO ENROLL
IN THE NEW YORK STATE HEALTH INSURANCE PROGRAM AS A RETIREE.
  § 2. This act shall take effect April 1, 2019.

                                 PART B

  Section 1. Section 167-a of the  civil  service  law,  as  amended  by
section  1  of  part  I of chapter 55 of the laws of 2012, is amended to
read as follows:
  § 167-a. Reimbursement for medicare premium  charges.  Upon  exclusion
from  the  coverage  of the health benefit plan of supplementary medical
insurance benefits for which an active or retired employee or a  depend-
ent covered by the health benefit plan is or would be eligible under the
federal  old-age,  survivors and disability insurance program, an amount
equal to the STANDARD MEDICARE premium  charge  for  such  supplementary
medical  insurance  benefits for such active or retired employee and his
or her dependents, if any, shall be paid monthly or at  other  intervals
to  such  active  or  retired  employee  from the health insurance fund.
FURTHERMORE, EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY THERE SHALL BE
NO PAYMENT WHATSOEVER FOR THE INCOME RELATED MONTHLY  ADJUSTMENT  AMOUNT
FOR  AMOUNTS (PREMIUMS) INCURRED ON OR AFTER JANUARY FIRST, TWO THOUSAND
NINETEEN TO ANY ACTIVE OR RETIRED EMPLOYEE AND HIS OR HER DEPENDENTS, IF
ANY. Where appropriate, such STANDARD MEDICARE  PREMIUM  amount  may  be
deducted from contributions payable by the employee or retired employee;
or  where  appropriate  in  the  case  of a retired employee receiving a
retirement allowance, such  STANDARD  MEDICARE  PREMIUM  amount  may  be
included  with  payments  of  his or her retirement allowance. All state
employer, employee, retired employee and dependent contributions to  the
health  insurance fund, including contributions from public authorities,
public benefit corporations or other quasi-public organizations  of  the
state  eligible  for participation in the health benefit plan as author-
ized by subdivision two of section one hundred sixty-three of this arti-
cle, shall be adjusted as necessary to cover  the  cost  of  reimbursing
federal  old-age,  survivors  and  disability  insurance program premium
charges under this section. This cost shall be included  in  the  calcu-
lation  of  premium or subscription charges for health coverage provided
to employees and retired employees of  the  state,  public  authorities,
public  benefit  corporations or other quasi-public organizations of the
state; provided, however, the state, public authorities, public  benefit
corporations  or  other  quasi-public  organizations  of the state shall
remain obligated to pay no less than its share of  such  increased  cost
consistent  with  its  share of premium or subscription charges provided
for by this article. All other  employer  contributions  to  the  health
insurance  fund  shall  be  adjusted  as  necessary  to provide for such
payments.
  § 2. This act shall take effect immediately and shall apply on January
1, 2019 for the income related monthly adjustment  amount  for  amounts,
premiums, incurred on or after January 1, 2019.

                                 PART C

S. 1505                            10                            A. 2005

  Section  1.  Section  167-a  of  the  civil service law, as amended by
section 1 of part I of chapter 55 of the laws of  2012,  is  amended  to
read as follows:
  § 167-a. Reimbursement  for  medicare  premium charges. Upon exclusion
from the coverage of the health benefit plan  of  supplementary  medical
insurance  benefits for which an active or retired employee or a depend-
ent covered by the health benefit plan is or would be eligible under the
federal old-age, survivors and disability insurance program,  an  amount
equal  to  the  STANDARD  MEDICARE premium charge for such supplementary
medical insurance benefits for such active or retired employee  and  his
or  her  dependents, if any, shall be paid monthly or at other intervals
to such active or retired  employee  from  the  health  insurance  fund;
PROVIDED, HOWEVER, SUCH PAYMENT FOR THE STANDARD MEDICARE PREMIUM CHARGE
SHALL  NOT  EXCEED  ONE  HUNDRED THIRTY-FIVE DOLLARS AND FIFTY CENTS PER
MONTH.  Where appropriate, such STANDARD MEDICARE PREMIUM amount may  be
deducted from contributions payable by the employee or retired employee;
or  where  appropriate  in  the  case  of a retired employee receiving a
retirement allowance, such  STANDARD  MEDICARE  PREMIUM  amount  may  be
included  with  payments  of  his or her retirement allowance. All state
employer, employee, retired employee and dependent contributions to  the
health  insurance fund, including contributions from public authorities,
public benefit corporations or other quasi-public organizations  of  the
state  eligible  for participation in the health benefit plan as author-
ized by subdivision two of section one hundred sixty-three of this arti-
cle, shall be adjusted as necessary to cover  the  cost  of  reimbursing
federal  old-age,  survivors  and  disability  insurance program premium
charges under this section. This cost shall be included  in  the  calcu-
lation  of  premium or subscription charges for health coverage provided
to employees and retired employees of  the  state,  public  authorities,
public  benefit  corporations or other quasi-public organizations of the
state; provided, however, the state, public authorities, public  benefit
corporations  or  other  quasi-public  organizations  of the state shall
remain obligated to pay no less than its share of  such  increased  cost
consistent  with  its  share of premium or subscription charges provided
for by this article. All other  employer  contributions  to  the  health
insurance  fund  shall  be  adjusted  as  necessary  to provide for such
payments.
  § 2. This act shall take effect immediately and  shall  apply  to  the
standard medicare premium amount on and after April 1, 2019.

                                 PART D

  Section  1.  Section  5004  of  the  civil  practice law and rules, as
amended by chapter 258 of the laws  of  1981,  is  amended  to  read  as
follows:
  §  5004.  Rate of interest. [Interest shall be at the rate of nine per
centum per annum, except where otherwise provided by statute.]  NOTWITH-
STANDING  ANY  OTHER  PROVISION  OF  LAW  OR REGULATION TO THE CONTRARY,
INCLUDING ANY LAW OR REGULATION THAT LIMITS THE ANNUAL RATE OF  INTEREST
TO  BE  PAID ON A JUDGMENT OR ACCRUED CLAIM, THE ANNUAL RATE OF INTEREST
TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM SHALL  BE  CALCULATED  AT  THE
ONE-YEAR  UNITED  STATES  TREASURY  BILL  RATE. FOR THE PURPOSES OF THIS
SECTION, THE "ONE-YEAR UNITED STATES TREASURY BILL RATE" MEANS THE WEEK-
LY AVERAGE ONE-YEAR CONSTANT MATURITY TREASURY YIELD,  AS  PUBLISHED  BY
THE  BOARD  OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, FOR THE CALENDAR
WEEK PRECEDING THE DATE OF THE ENTRY OF THE JUDGMENT  AWARDING  DAMAGES.

S. 1505                            11                            A. 2005

PROVIDED  HOWEVER, THAT THIS SECTION SHALL NOT APPLY TO ANY PROVISION OF
THE TAX LAW WHICH PROVIDES FOR THE ANNUAL RATE OF INTEREST TO BE PAID ON
A JUDGMENT OR ACCRUED CLAIM.
  § 2. Section 16 of the state finance law, as amended by chapter 681 of
the laws of 1982, is amended to read as follows:
  §  16.  Rate  of  interest on judgments and accrued claims against the
state.  The rate of interest to be paid by the state upon  any  judgment
or accrued claim against the state shall [not exceed nine per centum per
annum]  BE  CALCULATED AT THE ONE-YEAR UNITED STATES TREASURY BILL RATE.
FOR THE PURPOSES OF THIS SECTION, THE "ONE-YEAR UNITED  STATES  TREASURY
BILL  RATE" MEANS THE WEEKLY AVERAGE ONE-YEAR CONSTANT MATURITY TREASURY
YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS  OF  THE  FEDERAL  RESERVE
SYSTEM,  FOR  THE  CALENDAR  WEEK PRECEDING THE DATE OF THE ENTRY OF THE
JUDGMENT AWARDING DAMAGES. PROVIDED HOWEVER, THAT THIS SECTION SHALL NOT
APPLY TO ANY PROVISION OF THE TAX LAW WHICH PROVIDES FOR THE ANNUAL RATE
OF INTEREST TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM.
  § 3. This act shall take effect immediately, and shall  be  deemed  to
have been in full force and effect on and after April 1, 2019.

                                 PART E

  Section 1. Paragraphs (f) and (g) of subdivision 1 of section 209-a of
the  civil  service  law, as amended by chapter 244 of the laws of 2007,
are amended to read as follows:
  (f) to utilize any state funds appropriated for any purpose  to  train
managers,  supervisors or other administrative personnel regarding meth-
ods to discourage union organization or to discourage an  employee  from
participating in a union organizing drive; [or] (g) to fail to permit or
refuse  to  afford  a  public  employee  the  right, upon the employee's
demand, to representation by a representative of the employee  organiza-
tion,  or the designee of such organization, which has been certified or
recognized under this article when at the time  of  questioning  by  the
employer  of  such  employee it reasonably appears that he or she may be
the subject of a potential disciplinary  action.  If  representation  is
requested, and the employee is a potential target of disciplinary action
at  the  time  of  questioning,  a  reasonable  period  of time shall be
afforded to the employee to obtain such representation. It shall  be  an
affirmative  defense to any improper practice charge under paragraph (g)
of this subdivision that the employee has the right, pursuant  to  stat-
ute,  interest  arbitration  award,  collectively  negotiated agreement,
policy or practice, to  present  to  a  hearing  officer  or  arbitrator
evidence  of  the  employer's  failure  to provide representation and to
obtain exclusion of the resulting evidence upon  demonstration  of  such
failure.  Nothing  in  this section shall grant an employee any right to
representation by the representative of an employee organization in  any
criminal  investigation;  OR  (H)  TO  DISCLOSE HOME ADDRESSES, PERSONAL
TELEPHONE  NUMBERS,  PERSONAL  CELL  PHONE  NUMBERS,   PERSONAL   E-MAIL
ADDRESSES OF A PUBLIC EMPLOYEE, AS THE TERM "PUBLIC EMPLOYEE" IS DEFINED
IN  SUBDIVISION SEVEN OF SECTION TWO HUNDRED ONE OF THIS ARTICLE, EXCEPT
(I) WHERE REQUIRED PURSUANT TO THE PROVISIONS OF THIS ARTICLE, AND  (II)
TO THE EXTENT COMPELLED TO DO SO BY LAWFUL SERVICE OF PROCESS, SUBPOENA,
COURT  ORDER,  OR AS OTHERWISE REQUIRED BY LAW. THIS PARAGRAPH SHALL NOT
PROHIBIT OTHER PROVISIONS OF LAW REGARDING WORK-RELATED, PUBLICLY AVAIL-
ABLE INFORMATION SUCH AS TITLE, SALARY, AND DATES OF EMPLOYMENT.
  § 2. Subdivision 1 of section 208 of the civil service law is  amended
by adding a new paragraph (d) to read as follows:

S. 1505                            12                            A. 2005

  (D)  UNLESS  OTHERWISE SPECIFIED BY A COLLECTIVE BARGAINING AGREEMENT,
UPON THE REQUEST OF THE EMPLOYEE ORGANIZATION, NOT MORE THAN  QUARTERLY,
THE  EMPLOYER SHALL PROVIDE THE EMPLOYEE ORGANIZATION THE NAME, ADDRESS,
JOB TITLE, EMPLOYING AGENCY OR DEPARTMENT OR OTHER  OPERATING  UNIT  AND
WORK LOCATION OF ALL EMPLOYEES OF A BARGAINING UNIT.
  § 3. This act shall take effect immediately.

                                 PART F

  Section  1. Paragraph (d) of subdivision 4 of section 209 of the civil
service law, as amended by section 1 of part L of chapter 57 of the laws
of 2016, is amended to read as follows:
  (d) The provisions of this subdivision shall expire  July  first,  two
thousand [nineteen] TWENTY-FOUR.
  §  2.  Paragraph  (f)  of  subdivision  6  of section 209 of the civil
service law, as amended by section 2 of part L of chapter 57 of the laws
of 2016, is amended to read as follows:
  (f) The provisions of this subdivision shall expire  July  first,  two
thousand [nineteen] TWENTY-FOUR.
  § 3. This act shall take effect immediately.

                                 PART G

  Section  1.  Section  13  of part A of chapter 97 of the laws of 2011,
amending the general municipal law and the  education  law  relating  to
establishing  limits  upon  school  district  and  local  government tax
levies, as amended by section 18 of part A of chapter 20 of the laws  of
2015, is amended to read as follows:
  § 13. This act shall take effect immediately[; provided, however, that
sections  two  through eleven of this act shall take effect July 1, 2011
and shall first apply to school district budgets and the budget adoption
process for the 2012-13 school year; and  shall  continue  to  apply  to
school  district  budgets and the budget adoption process for any school
year beginning in any calendar year during which this act is in  effect;
provided further, that if section 26 of part A of chapter 58 of the laws
of  2011 shall not have taken effect on or before such date then section
ten of this act shall take effect on the  same  date  and  in  the  same
manner  as  such  chapter  of  the  laws of 2011, takes effect; provided
further, that section one of this act shall first apply to the  levy  of
taxes  by  local governments for the fiscal year that begins in 2012 and
shall continue to apply to the levy of taxes by  local  governments  for
any  fiscal year beginning in any calendar year during which this act is
in effect; provided, further, that this act shall remain in  full  force
and  effect  at  a  minimum  until and including June 15, 2020 and shall
remain in effect thereafter only so long as the public emergency requir-
ing the regulation and control of residential rents  and  evictions  and
all  such  laws  providing  for  such regulation and control continue as
provided in subdivision 3 of section  1  of  the  local  emergency  rent
control  act,  sections  26-501, 26-502 and 26-520 of the administrative
code of the city of New York, section 17 of chapter 576 of the  laws  of
1974  and  subdivision 2 of section 1 of chapter 274 of the laws of 1946
constituting the emergency housing rent control law, and section  10  of
chapter  555  of the laws of 1982, amending the general business law and
the administrative code of the city of New York relating to  conversions
of  residential property  to cooperative or condominium ownership in the

S. 1505                            13                            A. 2005

city of New York as such laws are continued by chapter 93 of the laws of
2011 and as such sections are amended from time to time].
  § 2. This act shall take effect immediately.

                                 PART H

  Section  1.  The opening paragraph of section 15 of chapter 123 of the
laws of 2014, amending the vehicle and traffic law, the general  munici-
pal  law,  and  the  public officers law relating to owner liability for
failure of an operator to comply with  traffic-control  indications,  is
amended to read as follows:
  This  act  shall  take effect on the thirtieth day after it shall have
become a law and shall expire [5 years after such  effective  date  when
upon  such date the provisions of this act shall] AND be deemed repealed
DECEMBER 1, 2024; and provided further that any rules necessary for  the
implementation of this act on its effective date shall be promulgated on
or before such effective date, provided that:
  § 2. The opening paragraph of section 15 of chapter 101 of the laws of
2014,  amending  the vehicle and traffic law, the general municipal law,
and the public officers law relating to owner liability for  failure  of
an  operator  to  comply with traffic-control indications in the city of
Mt. Vernon, is amended to read as follows:
  This act shall take effect on the thirtieth day after  it  shall  have
become  a  law  and shall expire [5 years after such effective date when
upon such date the provisions of this act shall] AND be deemed  repealed
DECEMBER  1, 2024; and provided further that any rules necessary for the
implementation of this act on its effective date shall be promulgated on
or before such effective date, provided that:
  § 3. Section 10 of chapter 19 of the laws of 2009, amending the  vehi-
cle  and  traffic law and other laws relating to adjudications and owner
liability for a violation  of  traffic-control  signal  indications,  as
amended  by  chapter  133  of  the  laws  of 2014, is amended to read as
follows:
  § 10. This act shall take effect on the thirtieth day after  it  shall
have  become  a  law  and shall expire December 1, [2019] 2024 when upon
such date the provisions of this act shall be deemed repealed;  provided
that  the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section one of  this  act  shall  be
subject  to  the  expiration and reversion of such paragraph pursuant to
section 17 of chapter 746 of the laws of 1988,  as  amended,  when  upon
such  date  the provisions of section two of this act shall take effect;
provided that the amendments to the opening paragraph and paragraph  (c)
of  subdivision 1 of section 1809 of the vehicle and traffic law made by
section four of this act shall be subject to the expiration  and  rever-
sion of such subdivision pursuant to chapter 166 of the laws of 1991, as
amended,  when upon such date the provisions of section five of this act
shall take effect; provided, however, that the amendments to the opening
paragraph of subdivision 1 of section 1809 of the  vehicle  and  traffic
law  made by section five of this act shall not affect the expiration of
such subdivision and shall expire therewith; provided, however, that the
amendments to subdivision 2 of section 371 of the general municipal  law
made  by  section  seven  of this act shall not affect the expiration of
such section and shall be deemed  to  expire  therewith;  and  provided,
further, that any such local laws as may be enacted pursuant to this act
shall  remain  in  full  force  and effect only until December 1, [2019]
2024.

S. 1505                            14                            A. 2005

  § 4. The opening paragraph of section 15 of chapter 99 of the laws  of
2014,  amending  the vehicle and traffic law, the general municipal law,
and the public officers law relating to owner liability for  failure  of
an  operator  to  comply with traffic-control indications in the city of
New Rochelle, is amended to read as follows:
  This  act  shall  take effect on the thirtieth day after it shall have
become a law and shall expire [5 years after such  effective  date  when
upon  such date the provisions of this act shall] AND be deemed repealed
DECEMBER 1, 2024; and provided further that any rules necessary for  the
implementation of this act on its effective date shall be promulgated on
or before such effective date, provided that:
  § 5. Section 17 of chapter 746 of the laws of 1988, amending the vehi-
cle  and traffic law, the general municipal law, and the public officers
law relating to the  civil  liability  of  vehicle  owners  for  traffic
control  signal  violations,  as  amended  by chapter 134 of the laws of
2014, is amended to read as follows:
  § 17. This act shall take effect on the thirtieth day after  it  shall
have become a law and shall remain in full force and effect until Decem-
ber  1,  [2019]  2024  when upon such date the amendments and provisions
made by this act shall be deemed repealed; provided, however,  any  such
local  laws  as may be enacted pursuant to this act shall remain in full
force and effect only until the expiration on December 1, [2019] 2024.
  § 6. Section 2 of local law number 46 of the city of New York for  the
year  1989  amending  the  administrative  code  of the city of New York
relating to civil liability of vehicle owners for traffic control signal
violations, as amended by chapter 134 of the laws of 2014, is amended to
read as follows:
  § 2. This local law shall take effect immediately and shall expire  on
December 1, [2019] 2024.
  § 7. Section 9 of chapter 23 of the laws of 2009, amending the vehicle
and  traffic  law  and  other  laws  relating to adjudications and owner
liability for a violation  of  traffic-control  signal  indications,  as
amended  by  chapter  127  of  the  laws  of 2014, is amended to read as
follows:
  § 9. This act shall take effect on the thirtieth day  after  it  shall
have  become  a  law  and shall expire December 1, [2019] 2024 when upon
such date the provisions of this act shall be deemed repealed;  provided
that  the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section one of  this  act  shall  be
subject  to  the  expiration and reversion of such paragraph pursuant to
section 17 of chapter 746 of the laws of 1988,  as  amended,  when  upon
such  date  the provisions of section two of this act shall take effect;
provided that the amendments to the opening paragraph and paragraph  (c)
of  subdivision 1 of section 1809 of the vehicle and traffic law made by
section four of this act shall be subject to the expiration  and  rever-
sion of such subdivision pursuant to chapter 166 of the laws of 1991, as
amended,  when upon such date the provisions of section five of this act
shall take effect; provided, however, that the amendments to the opening
paragraph of subdivision 1 of section 1809 of the  vehicle  and  traffic
law  made by section five of this act shall not affect the expiration of
such subdivision and shall expire therewith; and provided, further, that
any such local laws as may be enacted pursuant to this act shall  remain
in full force and effect only until December 1, [2019] 2024.
  § 8. The opening paragraph of section 15 of chapter 222 of the laws of
2015,  amending  the vehicle and traffic law, the general municipal law,
and the public officers law relating to owner liability for  failure  of

S. 1505                            15                            A. 2005

an  operator  to  comply with traffic-control indications in the city of
White Plains, is amended to read as follows:
  This  act  shall  take effect on the thirtieth day after it shall have
become a law and shall expire [5 years after such  effective  date  when
upon  such date the provisions of this act shall] AND be deemed repealed
DECEMBER 1, 2024; and provided further that any rules necessary for  the
implementation of this act on its effective date shall be promulgated on
or before such effective date, provided that:
  §  9. The opening paragraph and paragraph (k) of section 24 of chapter
20 of the laws of 2009, amending the vehicle and traffic law, the gener-
al municipal law, and the public officers law relating to owner  liabil-
ity  for failure of operator to comply with traffic control indications,
as amended by chapter 128 of the laws of 2014, are amended  to  read  as
follows:
  This  act  shall  take effect on the thirtieth day after it shall have
become a law and shall expire December 1, [2019]  2024  when  upon  such
date the provisions of this act shall be deemed repealed; provided that:
  (k)  any  such local laws as may be enacted pursuant to this act shall
remain in full force and effect only until December 1, [2019] 2024.
  § 10. This act shall take effect immediately.

                                 PART I

  Section 1. Subparagraph (viii) of paragraph a  of  subdivision  10  of
section  54  of the state finance law, as amended by section 1 of part O
of chapter 56 of the laws of 2008, clause 2 as amended by section  1  of
part  I of chapter 57 of the laws of 2011, is amended and a new subpara-
graph (v) is added to paragraph b to read as follows:
  (viii) "Prior year aid" means[:
  (1) for the state fiscal year commencing  April  first,  two  thousand
seven,  the  total amount of state aid a municipality or county having a
population of less than one million but more than nine  hundred  twenty-
five  thousand according to the federal decennial census of two thousand
received in the state fiscal year commencing April first,  two  thousand
six.
  (2)  for  the  state  fiscal year commencing April first, two thousand
eight and in each state fiscal year thereafter,  the  base  level  grant
received  in  the  immediately  preceding  state fiscal year pursuant to
paragraph b of this subdivision and chapter three  hundred  thirteen  of
the laws of two thousand ten, excluding any deficit reduction adjustment
pursuant  to  paragraph  e-1  of  this  subdivision, plus any additional
apportionments received in such year pursuant to  paragraph  d  of  this
subdivision  and any per capita adjustments received in such year pursu-
ant to paragraph e of  this  subdivision]  FOR  THE  STATE  FISCAL  YEAR
COMMENCING  APRIL  FIRST, TWO THOUSAND NINETEEN AND IN EACH STATE FISCAL
YEAR THEREAFTER, THE  BASE  LEVEL  GRANT  RECEIVED  IN  THE  IMMEDIATELY
PRECEDING STATE FISCAL YEAR PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION.
  (V) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, WITHIN AMOUNTS
APPROPRIATED  IN THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOU-
SAND NINETEEN, AND ANNUALLY THEREAFTER, THERE SHALL BE  APPORTIONED  AND
PAID  TO  EACH  MUNICIPALITY  WHICH  IS  A CITY A BASE LEVEL GRANT IN AN
AMOUNT EQUAL TO THE PRIOR YEAR AID RECEIVED  BY  SUCH  CITY,  AND  THERE
SHALL  BE  APPORTIONED  AND PAID TO EACH MUNICIPALITY WHICH IS A TOWN OR
VILLAGE A BASE LEVEL GRANT IN ACCORDANCE WITH CLAUSE TWO OF THIS SUBPAR-
AGRAPH.
  (1) WHEN USED IN THIS SUBPARAGRAPH, UNLESS OTHERWISE EXPRESSLY STATED:

S. 1505                            16                            A. 2005

  (A) "TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN AIM  FUNDING"  SHALL
MEAN  THE SUM OF THE BASE LEVEL GRANT PAID IN THE STATE FISCAL YEAR THAT
BEGAN APRIL FIRST, TWO THOUSAND EIGHTEEN PURSUANT TO THIS PARAGRAPH.
  (B)  "TWO  THOUSAND SEVENTEEN TOTAL EXPENDITURES" SHALL MEAN ALL FUNDS
AND TOTAL EXPENDITURES FOR A TOWN OR A VILLAGE AS REPORTED TO THE  STATE
COMPTROLLER FOR LOCAL FISCAL YEARS ENDED IN TWO THOUSAND SEVENTEEN.
  (C)  "AIM  RELIANCE"  SHALL  MEAN  TWO THOUSAND EIGHTEEN--TWO THOUSAND
NINETEEN AIM FUNDING CALCULATED AS A PERCENTAGE OF TWO  THOUSAND  SEVEN-
TEEN  TOTAL  EXPENDITURES,  PROVIDED THAT, FOR A VILLAGE WHICH DISSOLVED
DURING THE STATE FISCAL YEAR THAT BEGAN APRIL FIRST, TWO THOUSAND  EIGH-
TEEN,  THE  VILLAGE'S  TWO  THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN AIM
FUNDING SHALL BE ADDED TO THE EXISTING TWO THOUSAND EIGHTEEN--TWO  THOU-
SAND  NINETEEN  AIM FUNDING OF THE TOWN INTO WHICH THE VILLAGE DISSOLVED
FOR PURPOSES OF THIS CALCULATION.
  (2) A BASE LEVEL GRANT EQUAL TO A TOWN OR  VILLAGE'S  PRIOR  YEAR  AID
ONLY IF SUCH TOWN OR VILLAGE'S AIM RELIANCE EQUALS TWO PERCENT OR GREAT-
ER  AS  REPORTED TO AND PUBLISHED BY THE STATE COMPTROLLER AS OF JANUARY
TENTH, TWO THOUSAND NINETEEN.
  § 2. Paragraph i of subdivision 10 of section 54 of the state  finance
law is amended by adding a new subparagraph (ix) to read as follows:
  (IX)  NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN THE STATE
FISCAL YEAR COMMENCING APRIL FIRST,  TWO  THOUSAND  NINETEEN,  THE  BASE
LEVEL  GRANT  ADJUSTMENT  PURSUANT TO SUBPARAGRAPH (V) OF PARAGRAPH B OF
THIS SUBDIVISION SHALL BE MADE ON OR BEFORE SEPTEMBER TWENTY-FIFTH FOR A
TOWN OR VILLAGE.
  § 3. This act shall take effect immediately.

                                 PART J

  Section 1. The real property tax  law  is  amended  by  adding  a  new
section 485-u to read as follows:
  § 485-U. CLASS ONE REASSESSMENT EXEMPTION. 1. APPLICABILITY. A SPECIAL
ASSESSING  UNIT  THAT  IS NOT A CITY MAY, BY LOCAL LAW, OPT TO PROVIDE A
CLASS ONE REASSESSMENT EXEMPTION  AS  PROVIDED  IN  THIS  SECTION.  SUCH
EXEMPTION SHALL APPLY IN THE SAME MANNER AND TO THE SAME EXTENT TO COUN-
TY,  TOWN,  SPECIAL  DISTRICT  AND  SCHOOL  DISTRICT TAXES LEVIED ON THE
ASSESSMENT ROLL PREPARED BY SUCH SPECIAL ASSESSING UNIT.
  2. ELIGIBILITY. THE ASSESSOR SHALL, FOR THE TWO  THOUSAND  TWENTY--TWO
THOUSAND  TWENTY-ONE  ASSESSMENT ROLL AND FOR THE SUBSEQUENT FOUR YEARS,
APPLY AN EXEMPTION AS PROVIDED IN THIS SECTION TO EACH PROPERTY  CLASSI-
FIED IN CLASS ONE PURSUANT TO ARTICLE EIGHTEEN OF THIS CHAPTER.
  3.  EXEMPTION  CALCULATION.  (A)  (I) THE ASSESSOR SHALL CALCULATE THE
EXEMPTION AS A PERCENTAGE OF THE  EXEMPTION  BASE.  THE  EXEMPTION  BASE
SHALL  BE  THE  AMOUNT  BY WHICH THE ASSESSMENT OF A PROPERTY ON THE TWO
THOUSAND TWENTY--TWO-THOUSAND TWENTY-ONE  ASSESSMENT  ROLL  EXCEEDS  THE
EQUALIZED  ASSESSMENT FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY
TAX YEAR. THE ASSESSOR SHALL DETERMINE THE EQUALIZED ASSESSMENT FOR  THE
TWO  THOUSAND  NINETEEN--TWO THOUSAND TWENTY TAX YEAR BY MULTIPLYING THE
PROPERTY'S EFFECTIVE FULL VALUE FOR THE TWO THOUSAND NINETEEN--TWO THOU-
SAND TWENTY TAX YEAR BY THE CLASS ONE LEVEL OF  ASSESSMENT  ON  THE  TWO
THOUSAND  TWENTY--TWO  THOUSAND TWENTY-ONE ASSESSMENT ROLL. THE ASSESSOR
SHALL DETERMINE A PROPERTY'S EFFECTIVE FULL VALUE FOR THE  TWO  THOUSAND
NINETEEN--TWO THOUSAND TWENTY TAX YEAR BY DIVIDING THE ASSESSMENT ON THE
TWO  THOUSAND NINETEEN--TWO THOUSAND TWENTY ASSESSMENT ROLL BY THE CLASS
ONE LEVEL OF ASSESSMENT ON THE TWO THOUSAND NINETEEN--TWO THOUSAND TWEN-
TY ASSESSMENT ROLL. SUCH EXEMPTION BASE  SHALL  NOT  INCLUDE  ASSESSMENT

S. 1505                            17                            A. 2005

INCREASES  DUE TO A PHYSICAL IMPROVEMENT OR A REMOVAL OR REDUCTION OF AN
EXEMPTION ON PROPERTY.
  (II)  ANY  INCREASE IN THE ASSESSMENT OF A PROPERTY DUE TO AN INCREASE
IN A PROPERTY'S FULL VALUE OR PHYSICAL CHANGES  SUBSEQUENT  TO  THE  TWO
THOUSAND  TWENTY--TWO THOUSAND TWENTY-ONE TAX YEAR ASSESSMENT ROLL SHALL
NOT BE ELIGIBLE FOR THE EXEMPTION. IF ANY PORTION OF A PROPERTY IS FULLY
OR PARTIALLY REMOVED FROM THE ASSESSMENT  ROLL  SUBSEQUENT  TO  THE  TWO
THOUSAND  TWENTY--TWO  THOUSAND  TWENTY-ONE  TAX YEAR BY REASON OF FIRE,
DEMOLITION, DESTRUCTION OR NEW EXEMPTION, THE ASSESSOR SHALL REDUCE  THE
EXEMPTION  FOR  ANY REMAINING PORTION IN THE SAME PROPORTION THE ASSESS-
MENT IS REDUCED FOR SUCH FIRE, DEMOLITION, DESTRUCTION OR NEW EXEMPTION.
IF A PROPERTY'S ASSESSMENT IS REDUCED PURSUANT TO TITLE ONE-A OF ARTICLE
FIVE OR TITLE ONE OR ONE-A OF ARTICLE SEVEN OF THIS  CHAPTER,  OR  AS  A
RESULT  OF  A  REDUCTION IN FULL VALUE COMPARED TO THE FULL VALUE ON THE
TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE ASSESSMENT ROLL, THE ASSES-
SOR SHALL RECALCULATE THE EXEMPTION BASE ACCORDINGLY.
  (B) THE EXEMPTION SHALL BE EIGHTY PER CENTUM OF THE EXEMPTION BASE  IN
THE  TWO  THOUSAND  TWENTY--TWO  THOUSAND TWENTY-ONE TAX YEAR, SIXTY PER
CENTUM OF THE EXEMPTION BASE IN THE TWO THOUSAND  TWENTY-ONE--TWO  THOU-
SAND  TWENTY-TWO TAX YEAR, FORTY PER CENTUM OF THE EXEMPTION BASE IN THE
TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE TAX YEAR, TWENTY  PER
CENTUM OF THE EXEMPTION BASE IN THE TWO THOUSAND TWENTY-THREE--TWO THOU-
SAND  TWENTY-FOUR  TAX YEAR AND ZERO PER CENTUM OF THE EXEMPTION BASE IN
THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE TAX YEAR.
  4. ENTERING OF EXEMPTION ON ASSESSMENT ROLL. THE ASSESSOR SHALL  ENTER
IN  A  SEPARATE COLUMN ON THE ASSESSMENT ROLL THE VALUE OF ANY EXEMPTION
PROVIDED BY THIS SECTION.
  § 2. Severability. If any provision of this act or if any  application
thereof to any person or circumstances is held invalid, the remainder of
this  act  and  the  application  of  the provision to other persons and
circumstances shall not be affected thereby.
  § 3. This act shall take effect immediately.

                                 PART K

  Section 1. The state comptroller is hereby authorized and directed  to
loan  money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law  to  the  following  funds  and/or
accounts:
  1. DOL-Child performer protection account (20401).
  2. Proprietary vocational school supervision account (20452).
  3. Local government records management account (20501).
  4. Child health plus program account (20810).
  5. EPIC premium account (20818).
  6. Education - New (20901).
  7. VLT - Sound basic education fund (20904).
  8.   Sewage  treatment  program  management  and  administration  fund
(21000).
  9. Hazardous bulk storage account (21061).
  10. Federal grants indirect cost recovery account (21065).
  11. Low level radioactive waste account (21066).
  12. Recreation account (21067).
  13. Public safety recovery account (21077).
  14. Environmental regulatory account (21081).
  15. Natural resource account (21082).
  16. Mined land reclamation program account (21084).

S. 1505                            18                            A. 2005

  17. Great lakes restoration initiative account (21087).
  18. Environmental protection and oil spill compensation fund (21200).
  19. Public transportation systems account (21401).
  20. Metropolitan mass transportation (21402).
  21. Operating permit program account (21451).
  22. Mobile source account (21452).
  23.   Statewide  planning  and  research  cooperative  system  account
(21902).
  24. New York state thruway authority account (21905).
  25. Mental hygiene program fund account (21907).
  26. Mental hygiene patient income account (21909).
  27. Financial control board account (21911).
  28. Regulation of racing account (21912).
  29. New York Metropolitan Transportation Council account (21913).
  30. State university dormitory income reimbursable account (21937).
  31. Criminal justice improvement account (21945).
  32. Environmental laboratory reference fee account (21959).
  33. Training, management and evaluation account (21961).
  34. Clinical laboratory reference system assessment account (21962).
  35. Indirect cost recovery account (21978).
  36. High school equivalency program account (21979).
  37. Multi-agency training account (21989).
  38.  Interstate  reciprocity  for  post-secondary  distance  education
account (23800).
  39. Bell jar collection account (22003).
  40. Industry and utility service account (22004).
  41. Real property disposition account (22006).
  42. Parking account (22007).
  43. Courts special grants (22008).
  44. Asbestos safety training program account (22009).
  45. Camp Smith billeting account (22017).
  46. Batavia school for the blind account (22032).
  47. Investment services account (22034).
  48. Surplus property account (22036).
  49. Financial oversight account (22039).
  50. Regulation of Indian gaming account (22046).
  51. Rome school for the deaf account (22053).
  52. Seized assets account (22054).
  53. Administrative adjudication account (22055).
  54. Federal salary sharing account (22056).
  55. New York City assessment account (22062).
  56. Cultural education account (22063).
  57. Local services account (22078).
  58. DHCR mortgage servicing account (22085).
  59. Housing indirect cost recovery account (22090).
  60. DHCR-HCA application fee account (22100).
  61. Low income housing monitoring account (22130).
  62. Corporation administration account (22135).
  63. Montrose veteran's home account (22144).
  64. Deferred compensation administration account (22151).
  65. Rent revenue other New York City account (22156).
  66. Rent revenue account (22158).
  67. Tax revenue arrearage account (22168).
  68. State university general income offset account (22654).
  69. Lake George park trust fund account (22751).
  70. State police motor vehicle law enforcement account (22802).

S. 1505                            19                            A. 2005

  71. Highway safety program account (23001).
  72. DOH drinking water program account (23102).
  73. NYCCC operating offset account (23151).
  74. Commercial gaming revenue account (23701).
  75. Commercial gaming regulation account (23702).
  76. Highway use tax administration account (23801).
  77. Fantasy sports administration account (24951).
  78. Highway and bridge capital account (30051).
  79. Aviation purpose account (30053).
  80. State university residence hall rehabilitation fund (30100).
  81. State parks infrastructure account (30351).
  82. Clean water/clean air implementation fund (30500).
  83. Hazardous waste remedial cleanup account (31506).
  84. Youth facilities improvement account (31701).
  85. Housing assistance fund (31800).
  86. Housing program fund (31850).
  87. Highway facility purpose account (31951).
  88. Information technology capital financing account (32215).
  89. New York racing account (32213).
  90. Capital miscellaneous gifts account (32214).
  91.  New  York  environmental protection and spill remediation account
(32219).
  92. Mental hygiene facilities capital improvement fund (32300).
  93. Correctional facilities capital improvement fund (32350).
  94. New York State Storm Recovery Capital Fund (33000).
  95. OGS convention center account (50318).
  96. Empire Plaza Gift Shop (50327).
  97. Centralized services fund (55000).
  98. Archives records management account (55052).
  99. Federal single audit account (55053).
  100. Civil service EHS occupational health program account (55056).
  101. Banking services account (55057).
  102. Cultural resources survey account (55058).
  103. Neighborhood work project account (55059).
  104. Automation & printing chargeback account (55060).
  105. OFT NYT account (55061).
  106. Data center account (55062).
  107. Intrusion detection account (55066).
  108. Domestic violence grant account (55067).
  109. Centralized technology services account (55069).
  110. Labor contact center account (55071).
  111. Human services contact center account (55072).
  112. Tax contact center account (55073).
  113. Executive direction internal audit account (55251).
  114. CIO Information technology centralized services account (55252).
  115. Health insurance internal service account (55300).
  116. Civil service employee benefits division  administrative  account
(55301).
  117. Correctional industries revolving fund (55350).
  118. Employees health insurance account (60201).
  119. Medicaid management information system escrow fund (60900).
  120. Department of law civil recoveries account (55074).
  121. Utility environmental regulatory account (21064).
  122. New York state secure choice administrative account (23806).
  123. New York state medical indemnity fund account (_____).
  124. New York state cannabis revenue fund (_____).

S. 1505                            20                            A. 2005

  § 1-a. The state comptroller is hereby authorized and directed to loan
money  in  accordance  with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within  the  following
federal  funds,  provided  the comptroller has made a determination that
sufficient  federal grant award authority is available to reimburse such
loans:
  1. Federal USDA-food and nutrition services fund (25000).
  2. Federal health and human services fund (25100).
  3. Federal education fund (25200).
  4. Federal block grant fund (25250).
  5. Federal miscellaneous operating grants fund (25300).
  6. Federal unemployment insurance administration fund (25900).
  7. Federal unemployment insurance occupational training fund (25950).
  8. Federal emergency employment act fund (26000).
  9. Federal capital projects fund (31350).
  § 1-b. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in  subdivision  5  of
section 4 of the state finance law to any fund within the special reven-
ue,  capital projects, proprietary or fiduciary funds for the purpose of
payment of any fringe benefit or  indirect  cost  liabilities  or  obli-
gations incurred.
  §  2.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2020, up to the unencumbered balance or the  follow-
ing amounts:
  Economic Development and Public Authorities:
  1.  $175,000  from the miscellaneous special revenue fund, underground
facilities safety training account (22172), to the general fund.
  2. An amount up to the unencumbered  balance  from  the  miscellaneous
special  revenue  fund, business and licensing services account (21977),
to the general fund.
  3. $14,810,000 from  the  miscellaneous  special  revenue  fund,  code
enforcement account (21904), to the general fund.
  4.  $3,000,000  from  the  general  fund  to the miscellaneous special
revenue fund, tax revenue arrearage account (22168).
  Education:
  1. $2,679,000,000 from the general fund to  the  state  lottery  fund,
education  account (20901), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c  of
the  state  finance  law  that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
  2. $987,200,000 from the general fund to the state lottery  fund,  VLT
education  account (20904), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c  of
the  state  finance  law  that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
  3. $154,400,000 from the general fund to the New York state commercial
gaming fund, commercial gaming revenue account (23701), as reimbursement
for disbursements made from such fund for supplemental aid to  education
pursuant  to section 97-nnnn of the state finance law that are in excess
of the amounts deposited in such fund for purposes pursuant  to  section
1352 of the racing, pari-mutuel wagering and breeding law.
  4.  $18,000,000  from  the  interactive  fantasy  sports fund, fantasy
sports education account (24950), to the state lottery  fund,  education
account  (20901), as reimbursement for disbursements made from such fund

S. 1505                            21                            A. 2005

for supplemental aid to education pursuant to section 92-c of the  state
finance law.
  5.  $36,211,000  from  the charitable gifts trust fund, elementary and
secondary education account (24901), to the general fund, for payment of
general support for public schools pursuant to  section  3609-a  of  the
education law.
  6. Moneys from the state lottery fund (20900) up to an amount deposit-
ed in such fund pursuant to section 1612 of the tax law in excess of the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
  7.  $300,000  from the New York state local government records manage-
ment improvement  fund,  local  government  records  management  account
(20501), to the New York state archives partnership trust fund, archives
partnership trust maintenance account (20351).
  8. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
  9. $900,000 from the general fund to the miscellaneous special revenue
fund, Rome school for the deaf account (22053).
  10.  $343,400,000  from  the  state  university  dormitory income fund
(40350) to the miscellaneous  special  revenue  fund,  state  university
dormitory income reimbursable account (21937).
  11.  $8,318,000  from  the general fund to the state university income
fund, state university income offset account (22654),  for  the  state's
share of repayment of the STIP loan.
  12. $44,000,000 from the state university income fund, state universi-
ty hospitals income reimbursable account (22656) to the general fund for
hospital  debt  service  for  the period April 1, 2019 through March 31,
2020.
  13. $7,200,000 from the miscellaneous special revenue fund, office  of
the  professions  account (22051), to the miscellaneous capital projects
fund, office of the professions electronic licensing account (32200).
  14. $24,000,000 from any of the state education  department's  special
revenue  and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978) or to the federal miscella-
neous operating grants fund, federal indirect cost recovery account.
  15. $6,600,000 from any of the state  education  department's  special
revenue or internal service funds to the capital projects fund (30000).
  Environmental Affairs:
  1.  $16,000,000  from any of the department of environmental conserva-
tion's special revenue federal funds to the  environmental  conservation
special revenue fund, federal indirect recovery account (21065).
  2.  $5,000,000  from  any of the department of environmental conserva-
tion's special revenue federal funds to the conservation fund (21150) OR
Marine Resources Account (21151) as  necessary  to  avoid  diversion  of
conservation funds.
  3. $3,000,000 from any of the office of parks, recreation and historic
preservation  capital projects federal funds and special revenue federal
funds to the miscellaneous special revenue fund, federal grant  indirect
cost recovery account (22188).
  4. $1,000,000 from any of the office of parks, recreation and historic
preservation  special revenue federal funds to the miscellaneous capital
projects fund, I love NY water account (32212).
  5. $28,000,000 from the general fund to the  environmental  protection
fund, environmental protection fund transfer account (30451).
  6.  $1,800,000  from  the general fund to the hazardous waste remedial
fund, hazardous waste oversight and assistance account (31505).

S. 1505                            22                            A. 2005

  7. An amount up to or equal to the cash  balance  within  the  special
revenue-other  waste management & cleanup account (21053) to the capital
projects fund (30000) for services and capital expenses related  to  the
management  and  cleanup  program as put forth in section 27-1915 of the
environmental conservation law.
  8.  $1,800,000  from  the  miscellaneous  special revenue fund, public
service account (22011) to the miscellaneous special revenue fund, util-
ity environmental regulatory account (21064).
  9. $500,000 from the general fund to the enterprise fund,  state  fair
account (50051).
  10.  $2,200,000  from  the  miscellaneous special revenue fund, public
service account (22011) to the general fund.
  Family Assistance:
  1. $7,000,000 from any of the office of children and family  services,
office  of  temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in  accordance  with
agreements  with social services districts, to the miscellaneous special
revenue fund, office of human resources development state match  account
(21967).
  2.  $4,000,000  from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).
  3. $18,670,000 from any of the office of children and family services,
office of temporary and disability assistance, or department  of  health
special  revenue  federal  funds  and  any  other miscellaneous revenues
generated from the operation of office of children and  family  services
programs to the general fund.
  4.  $125,000,000  from  any  of the office of temporary and disability
assistance or department of health special revenue funds to the  general
fund.
  5.  $2,500,000  from  any  of  the  office of temporary and disability
assistance special revenue funds to the  miscellaneous  special  revenue
fund,  office  of  temporary  and  disability assistance program account
(21980).
  6. $24,000,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor,  and
department  of  health  special  revenue  federal funds to the office of
children and family services miscellaneous special revenue fund,  multi-
agency training contract account (21989).
  7.  $205,000,000  from  the  miscellaneous special revenue fund, youth
facility per diem account (22186), to the general fund.
  8. $621,850 from the general fund to the combined gifts,  grants,  and
bequests fund, WB Hoyt Memorial account (20128).
  9.  $5,000,000  from  the  miscellaneous  special  revenue fund, state
central registry (22028), to the general fund.
  General Government:
  1. $1,566,000 from the miscellaneous special revenue fund, examination
and miscellaneous revenue account (22065) to the general fund.
  2. $8,083,000 from the general fund to the health insurance  revolving
fund (55300).
  3.  $292,400,000  from  the  health  insurance  reserve  receipts fund
(60550) to the general fund.
  4. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).

S. 1505                            23                            A. 2005

  5. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
  6.  $3,000,000  from  the  miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
  7. $19,000,000 from the miscellaneous special  revenue  fund,  revenue
arrearage account (22024), to the general fund.
  8.  $1,826,000  from  the  miscellaneous special revenue fund, revenue
arrearage account (22024), to the miscellaneous  special  revenue  fund,
authority budget office account (22138).
  9.  $1,000,000  from  the  miscellaneous special revenue fund, parking
services account (22007), to the general fund, for the purpose of  reim-
bursing the costs of debt service related to state parking facilities.
  10. $9,632,000 from the general fund to the centralized services fund,
COPS account (55013).
  11. $13,854,000 from the general fund to the agencies internal service
fund,  central  technology  services account (55069), for the purpose of
enterprise technology projects.
  12. $10,000,000 from the general fund to the agencies internal service
fund, state data center account (55062).
  13. $20,000,000 from the miscellaneous special revenue fund,  workers'
compensation  account  (21995),  to  the  miscellaneous capital projects
fund, workers' compensation  board  IT  business  process  design  fund,
(32218).
  14.  $12,000,000  from the miscellaneous special revenue fund, parking
services account (22007), to the centralized services, building  support
services account (55018).
  15.  $30,000,000  from  the general fund to the internal service fund,
business services center account (55022).
  16. $8,000,000 from the general fund to  the  internal  service  fund,
building support services account (55018).
  17.  $1,500,000  from  the  combined  expendable trust, special events
account (20120), to the general fund.
  Health:
  1. A transfer from the general fund to the combined gifts, grants  and
bequests  fund, breast cancer research and education account (20155), up
to an amount equal to the  monies  collected  and  deposited  into  that
account in the previous fiscal year.
  2.  A transfer from the general fund to the combined gifts, grants and
bequests  fund,  prostate  cancer  research,  detection,  and  education
account  (20183),  up  to  an  amount  equal to the moneys collected and
deposited into that account in the previous fiscal year.
  3. A transfer from the general fund to the combined gifts, grants  and
bequests  fund,  Alzheimer's  disease  research  and  assistance account
(20143), up to an amount equal to the  moneys  collected  and  deposited
into that account in the previous fiscal year.
  4.  $33,134,000  from the HCRA resources fund (20800) to the miscella-
neous special revenue fund, empire state stem cell  trust  fund  account
(22161).
  5. $6,000,000 from the miscellaneous special revenue fund, certificate
of  need  account  (21920),  to the miscellaneous capital projects fund,
healthcare IT capital subfund (32216).
  6. $2,000,000 from  the  miscellaneous  special  revenue  fund,  vital
health  records  account  (22103), to the miscellaneous capital projects
fund, healthcare IT capital subfund (32216).

S. 1505                            24                            A. 2005

  7. $2,000,000 from the miscellaneous  special  revenue  fund,  profes-
sional  medical  conduct  account  (22088), to the miscellaneous capital
projects fund, healthcare IT capital subfund (32216).
  8.  $91,304,000  from  the  HCRA resources fund (20800) to the capital
projects fund (30000).
  9. $6,550,000 from the general fund to  the  medical  marihuana  trust
fund, health operation and oversight account (23755).
  10.  $1,086,000  from  the miscellaneous special revenue fund, certif-
icate of need account (21920), to the general fund.
  11. $59,000,000 from the charitable gifts trust fund, health  charita-
ble account (24900), to the general fund, for payment of general support
for  primary,  preventive,  and inpatient health care, dental and vision
care, hunger prevention and nutritional assistance, and  other  services
for  New York state residents with the overall goal of ensuring that New
York state residents have  access  to  quality  health  care  and  other
related services.
  Labor:
  1.  $500,000  from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the child performer's protection fund, child
performer protection account (20401).
  2. $11,700,000 from the unemployment insurance  interest  and  penalty
fund,  unemployment  insurance  special  interest  and  penalty  account
(23601), to the general fund.
  3. $5,000,000 from the miscellaneous special  revenue  fund,  workers'
compensation  account  (21995),  to  the  training and education program
occupation safety and health fund, OSHA-training and  education  account
(21251) and occupational health inspection account (21252).
  Mental Hygiene:
  1.  $10,000,000  from  the  general fund, to the miscellaneous special
revenue fund, federal salary sharing account (22056).
  2. $3,800,000 from the general fund, to the agencies internal  service
fund, civil service EHS occupational health program account (55056).
  Public Protection:
  1.  $1,350,000  from the miscellaneous special revenue fund, emergency
management account (21944), to the general fund.
  2. $2,087,000 from the  general  fund  to  the  miscellaneous  special
revenue fund, recruitment incentive account (22171).
  3.  $20,773,000  from  the general fund to the correctional industries
revolving  fund,  correctional  industries  internal   service   account
(55350).
  4. $60,000,000 from any of the division of homeland security and emer-
gency services special revenue federal funds to the general fund.
  5.  $9,500,000  from  the miscellaneous special revenue fund, criminal
justice improvement account (21945), to the general fund.
  6. $115,420,000 from the state police motor  vehicle  law  enforcement
and  motor  vehicle  theft  and  insurance  fraud prevention fund, state
police motor vehicle enforcement account (22802), to  the  general  fund
for state operation expenses of the division of state police.
  7.  $119,500,000  from the general fund to the correctional facilities
capital improvement fund (32350).
  8. $5,000,000 from the general  fund  to  the  dedicated  highway  and
bridge trust fund (30050) for the purpose of work zone safety activities
provided by the division of state police for the department of transpor-
tation.

S. 1505                            25                            A. 2005

  9.  $10,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to  the  capital  projects
fund (30000).
  10.  $29,080,000  from  the  miscellaneous special revenue fund, legal
services assistance account (22096), to the general fund.
  11. $1,000,000 from the general fund to the agencies internal  service
fund, neighborhood work project account (55059).
  12.  $7,980,000  from  the miscellaneous special revenue fund, finger-
print identification & technology account (21950), to the general fund.
  13. $1,400,000 from the state police motor vehicle law enforcement and
motor vehicle theft and insurance fraud prevention fund,  motor  vehicle
theft and insurance fraud account (22801), to the general fund.
  14.  $150,000  from  the medical marihuana trust fund, law enforcement
account (23753), to the general fund.
  15. $25,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the general fund.
  16. A transfer of the  unencumbered  balance  from  the  miscellaneous
special revenue fund, airport security account (22199), to the miscella-
neous special revenue fund, securing the cities account.
  Transportation:
  1. $17,672,000 from the federal miscellaneous operating grants fund to
the  miscellaneous special revenue fund, New York Metropolitan Transpor-
tation Council account (21913).
  2. $20,147,000 from the federal capital projects fund to the miscella-
neous special revenue fund, New York Metropolitan Transportation Council
account (21913).
  3. $15,181,992 from the general fund to the mass transportation  oper-
ating  assistance  fund, public transportation systems operating assist-
ance account (21401), of which $12,000,000 constitutes the base need for
operations.
  4. $727,500,000 from the general fund to  the  dedicated  highway  and
bridge trust fund (30050).
  5.  $244,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
  6. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion regulation account (22067) to  the  dedicated  highway  and  bridge
trust  fund  (30050),  for  disbursements  made from such fund for motor
carrier safety that are in excess of the amounts deposited in the  dedi-
cated highway and bridge trust fund (30050) for such purpose pursuant to
section 94 of the transportation law.
  7.  $3,000,000  from  the  miscellaneous special revenue fund, traffic
adjudication account (22055), to the general fund.
  8. $17,421,000 from the mass transportation operating assistance fund,
metropolitan mass transportation operating assistance  account  (21402),
to the capital projects fund (30000).
  9. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion  regulation  account (22067) to the general fund, for disbursements
made from such fund for motor carrier safety that are in excess  of  the
amounts  deposited  in  the  general  fund  for such purpose pursuant to
section 94 of the transportation law.
  Miscellaneous:
  1. $250,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
  2. $500,000,000 from the general fund to the  debt  reduction  reserve
fund (40000).

S. 1505                            26                            A. 2005

  3.  $450,000,000  from  the New York state storm recovery capital fund
(33000) to the revenue bond tax fund (40152).
  4.  $18,550,000  from  the general fund, community projects account GG
(10256), to the general fund, state purposes account (10050).
  5. $100,000,000 from any special revenue federal fund to  the  general
fund, state purposes account (10050).
  §  3.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2020:
  1. Upon request of the commissioner of environmental conservation,  up
to  $12,659,400 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $4,000,000  from
the  environmental  protection  and oil spill compensation fund (21200),
and $1,831,600 from the conservation fund (21150), to the  environmental
conservation special revenue fund, indirect charges account (21060).
  2.  Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund  within  the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
  3.  Upon request of the commissioner of agriculture and markets, up to
$2,000,000 from the state exposition special fund, state  fair  receipts
account  (50051)  to the miscellaneous capital projects fund, state fair
capital improvement account (32208).
  4. Upon request of the commissioner of the  division  of  housing  and
community  renewal, up to $6,221,000 from revenues credited to any divi-
sion of housing and community renewal federal or  miscellaneous  special
revenue fund to the miscellaneous special revenue fund, housing indirect
cost recovery account (22090).
  5.  Upon  request  of  the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any  miscel-
laneous  special  revenue  fund  account,  to  any miscellaneous special
revenue fund.
  6. Upon request of the commissioner of health up  to  $8,500,000  from
revenues  credited  to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund, administration account
(21982).
  § 4. On or before March 31, 2020, the comptroller is hereby authorized
and directed to deposit earnings that  would  otherwise  accrue  to  the
general  fund  that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal  service  fund,  banking
services  account  (55057),  for  the purpose of meeting direct payments
from such account.
  § 5. Notwithstanding any law to the contrary, upon  the  direction  of
the  director of the budget and upon requisition by the state university
of New York, the dormitory  authority  of  the  state  of  New  York  is
directed  to  transfer, up to $22,000,000 in revenues generated from the
sale of notes or bonds, the state university income fund general revenue
account (22653) for reimbursement  of  bondable  equipment  for  further
transfer to the state's general fund.
  §  6.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor  or  his  or  her
designee,  on or before March 31, 2020, up to $16,000,000 from the state
university income fund general revenue  account  (22653)  to  the  state
general  fund for debt service costs related to campus supported capital

S. 1505                            27                            A. 2005

project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
University at Buffalo.
  §  7.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor  or  his  or  her
designee,  on  or before March 31, 2020, up to $6,500,000 from the state
university income fund general revenue  account  (22653)  to  the  state
general  fund for debt service costs related to campus supported capital
project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
University at Albany.
  §  8.  Notwithstanding  any  law to the contrary, the state university
chancellor or his or her designee is authorized and directed to transfer
estimated tuition revenue balances from the state university  collection
fund  (61000)  to  the  state  university  income fund, state university
general revenue offset account (22655) on or before March 31, 2020.
  § 9. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to  $1,001,800,300  from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2019 through June 30, 2020 to  support  operations  at
the state university.
  §  10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $109,500,000 from the general fund to  the  state  university  income
fund, state university general revenue offset account (22655) during the
period  of  April 1, 2019 through June 30, 2019 to support operations at
the state university.
  § 11. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to  $20,000,000  from  the  general  fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2019 to June 30, 2020 to  support  operations  at  the
state  university  in accordance with the maintenance of effort pursuant
to clause (v) of subparagraph (4) of paragraph h  of  subdivision  2  of
section 355 of the education law.
  §  12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university  chancel-
lor  or his or her designee, up to $55,000,000 from the state university
income fund, state  university  hospitals  income  reimbursable  account
(22656),  for  services  and expenses of hospital operations and capital
expenditures at the state university hospitals; and the state university
income fund, Long Island veterans' home account  (22652)  to  the  state
university capital projects fund (32400) on or before June 30, 2020.
  §  13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after  consultation
with  the  state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance,  from
the  state  university  collection fund, Stony Brook hospital collection
account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse hospital collection account (61008) to the state university  income
fund,  state university hospitals income reimbursable account (22656) in

S. 1505                            28                            A. 2005

the event insufficient funds  are  available  in  the  state  university
income  fund,  state  university  hospitals  income reimbursable account
(22656) to permit the full transfer of moneys authorized  for  transfer,
to  the  general  fund  for  payment of debt service related to the SUNY
hospitals. Notwithstanding any law to the contrary, the  comptroller  is
also  hereby  authorized and directed, after consultation with the state
university chancellor or his or her designee, to  transfer  moneys  from
the  state  university  income fund to the state university income fund,
state university hospitals income reimbursable account  (22656)  in  the
event  insufficient  funds  are available in the state university income
fund, state university hospitals income reimbursable account (22656)  to
pay  hospital  operating  costs or to permit the full transfer of moneys
authorized for transfer, to the general fund for payment of debt service
related to the SUNY hospitals on or before March 31, 2020.
  § 14. Notwithstanding any law to the contrary, upon the  direction  of
the director of the budget and the chancellor of the state university of
New York or his or her designee, and in accordance with section 4 of the
state  finance law, the comptroller is hereby authorized and directed to
transfer monies from the state university dormitory income fund  (40350)
to  the state university residence hall rehabilitation fund (30100), and
from the state university residence hall rehabilitation fund (30100)  to
the  state university dormitory income fund (40350), in an amount not to
exceed $80 million from each fund.
  § 15. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed  to  transfer  monies, upon request of the director of the
budget, on or before March 31, 2020, from and to any  of  the  following
accounts: the miscellaneous special revenue fund, patient income account
(21909),  the miscellaneous special revenue fund, mental hygiene program
fund account (21907), the miscellaneous special  revenue  fund,  federal
salary  sharing account (22056), or the general fund in any combination,
the aggregate of which shall not exceed $350 million.
  § 16. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, at the request of the director of the budget,
up to $650 million from the unencumbered balance of any special  revenue
fund  or  account,  agency  fund  or  account,  internal service fund or
account, enterprise fund or account, or any combination  of  such  funds
and  accounts,  to the general fund. The amounts transferred pursuant to
this authorization shall be in addition to any other transfers expressly
authorized in the 2019-20 budget. Transfers  from  federal  funds,  debt
service  funds,  capital projects funds, the community projects fund, or
funds that would result in the loss of eligibility for federal  benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed  to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization.
  § 17. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, at the request of the director of the budget,
up to $100 million from any non-general fund or account, or  combination
of  funds and accounts, to the miscellaneous special revenue fund, tech-
nology financing account (22207),  the  miscellaneous  capital  projects
fund,  information  technology capital financing account (32215), or the
centralized technology services account  (55069),  for  the  purpose  of
consolidating  technology  procurement  and services. The amounts trans-
ferred to the miscellaneous special revenue fund,  technology  financing

S. 1505                            29                            A. 2005

account (22207) pursuant to this authorization shall be equal to or less
than the amount of such monies intended to support information technolo-
gy  costs  which  are attributable, according to a plan, to such account
made in pursuance to an appropriation by law. Transfers to the technolo-
gy  financing  account shall be completed from amounts collected by non-
general funds or accounts pursuant to a fund deposit schedule or  perma-
nent  statute,  and  shall  be  transferred  to the technology financing
account pursuant to a  schedule  agreed  upon  by  the  affected  agency
commissioner.  Transfers  from  funds  that  would result in the loss of
eligibility for federal benefits or federal funds  pursuant  to  federal
law,  rule,  or  regulation as assented to in chapter 683 of the laws of
1938 and chapter 700 of the laws of 1951 are not permitted  pursuant  to
this authorization.
  §  18. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $400 million from any non-general fund or account, or combination
of funds and accounts, to the general fund for the  purpose  of  consol-
idating  technology  procurement  and  services. The amounts transferred
pursuant to this authorization shall be equal to or less than the amount
of such monies intended to support information  technology  costs  which
are attributable, according to a plan, to such account made in pursuance
to  an  appropriation  by  law.  Transfers  to the general fund shall be
completed from amounts collected by non-general funds or accounts pursu-
ant to a fund deposit schedule.  Transfers from funds that would  result
in  the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
pursuant to this authorization.
  §  19. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to transfer to the state treasury
to the credit of the general fund $20,000,000 for the state fiscal  year
commencing  April  1,  2019,  the  proceeds of which will be utilized to
support energy-related state activities.
  § 20. Notwithstanding any provision of law, rule or regulation to  the
contrary,  the  New York state energy research and development authority
is authorized and directed to make the following  contributions  to  the
state  treasury to the credit of the general fund on or before March 31,
2020: (a) $913,000; and (b) $23,000,000 from proceeds collected  by  the
authority from the auction or sale of carbon dioxide emission allowances
allocated by the department of environmental conservation.
  §  21.  Subdivision  5  of section 97-rrr of the state finance law, as
amended by section 22 of part BBB of chapter 59 of the laws of 2018,  is
amended to read as follows:
  5. Notwithstanding the provisions of section one hundred seventy-one-a
of  the  tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred  eight-
y-one,  and notwithstanding the provisions of chapter ninety-four of the
laws of two thousand eleven, or any  other  provisions  of  law  to  the
contrary,  during  the  fiscal  year beginning April first, two thousand
[eighteen] NINETEEN, the state  comptroller  is  hereby  authorized  and
directed  to  deposit  to the fund created pursuant to this section from
amounts collected pursuant to article twenty-two  of  the  tax  law  and
pursuant  to  a  schedule submitted by the director of the budget, up to
[$2,458,909,000] $2,185,995,000, as may be certified in such schedule as

S. 1505                            30                            A. 2005

necessary to meet the purposes of such fund for the fiscal  year  begin-
ning April first, two thousand [eighteen] NINETEEN.
  §  22.  Notwithstanding  any  law  to the contrary, the comptroller is
hereby authorized and directed to transfer, upon request of the director
of the budget, on or before March 31, 2020, the following  amounts  from
the  following  special  revenue  accounts  to the capital projects fund
(30000), for the purposes of reimbursement to  such  fund  for  expenses
related to the maintenance and preservation of state assets:
  1. $43,000 from the miscellaneous special revenue fund, administrative
program account (21982).
  2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
hospital account (22140).
  3. $366,000 from the miscellaneous special revenue fund, New York city
veterans' home account (22141).
  4.  $513,000  from  the  miscellaneous  special revenue fund, New York
state home for veterans' and their dependents at oxford account (22142).
  5. $159,000 from the miscellaneous special revenue fund,  western  New
York veterans' home account (22143).
  6.  $323,000  from  the  miscellaneous  special revenue fund, New York
state for veterans in the lower-hudson valley account (22144).
  7. $2,550,000 from the  miscellaneous  special  revenue  fund,  patron
services account (22163).
  8.  $830,000  from the miscellaneous special revenue fund, long island
veterans' home account (22652).
  9. $5,379,000 from  the  miscellaneous  special  revenue  fund,  state
university general income reimbursable account (22653).
  10.  $112,556,000  from  the miscellaneous special revenue fund, state
university revenue offset account (22655).
  11. $557,000  from  the  miscellaneous  special  revenue  fund,  state
university of New York tuition reimbursement account (22659).
  12. $41,930,000 from the state university dormitory income fund, state
university dormitory income fund (40350).
  13. $1,000,000 from the miscellaneous special revenue fund, litigation
settlement and civil recovery account (22117).
  §  22-a.  Subdivision 4 of section 97-rrr of the state finance law, as
added by section 22-b of part XXX of chapter 59 of the laws of 2017,  is
amended to read as follows:
  4.  Any  amounts  disbursed  from such fund shall be excluded from the
calculation of annual spending growth in state  operating  funds  [until
June 30, 2019].
  §  23.  Notwithstanding  any  provision of law to the contrary, in the
event that federal  legislation,  federal  regulatory  actions,  federal
executive  actions  or  federal  judicial actions in federal fiscal year
2020 reduce federal financial participation in Medicaid funding  to  New
York  state  or its subdivisions by $850 million or more in state fiscal
years 2019-20 or 2020-21, the director of the  division  of  the  budget
shall  notify  the  temporary president of the senate and the speaker of
the assembly in writing that the federal actions  will  reduce  expected
funding  to  New  York state. The director of the division of the budget
shall prepare a plan that shall be submitted to the  legislature,  which
shall (a) specify the total amount of the reduction in federal financial
participation  in Medicaid, (b) itemize the specific programs and activ-
ities that will be  affected  by  the  reduction  in  federal  financial
participation  in  Medicaid, and (c) identify the general fund and state
special revenue fund appropriations and related disbursements that shall
be reduced, and in what program  areas,  provided,  however,  that  such

S. 1505                            31                            A. 2005

reductions  to appropriations and disbursements shall be applied equally
and proportionally to the programs affected by the reduction in  federal
financial  participation in Medicaid. Upon such submission, the legisla-
ture  shall have 90 days after such submission to either prepare its own
plan, which may be adopted by concurrent resolution passed by both hous-
es, or if after 90 days the legislature fails to adopt their  own  plan,
the reductions to the general fund and state special revenue fund appro-
priations  and  related  disbursements identified in the division of the
budget plan will go into effect automatically.
  § 24. Notwithstanding any provision of law to  the  contrary,  in  the
event  that  federal  legislation,  federal  regulatory actions, federal
executive actions or federal judicial actions  in  federal  fiscal  year
2020  reduce  federal  financial  participation  or other federal aid in
funding to New York state that affects the state operating funds  finan-
cial  plan  by  $850  million  or  more in state fiscal years 2019-20 or
2020-21, exclusive of any cuts to Medicaid, the director of the division
of the budget shall notify the temporary president of the senate and the
speaker of the assembly in writing that the federal actions will  reduce
expected  funding to New York state. The director of the division of the
budget shall prepare a plan that shall be submitted to the  legislature,
which  shall  (a)  specify  the total amount of the reduction in federal
aid, (b) itemize the specific  programs  and  activities  that  will  be
affected by the federal reductions, exclusive of Medicaid, and (c) iden-
tify  the general fund and state special revenue fund appropriations and
related disbursements that shall be reduced, and in what program  areas,
provided,  however, that such reductions to appropriations and disburse-
ments shall be applied equally and proportionally. Upon such submission,
the legislature shall have 90  days  after  such  submission  to  either
prepare  its  own  plan,  which  may be adopted by concurrent resolution
passed by both houses, or if after 90  days  the  legislature  fails  to
adopt  their  own  plan,  the  reductions  to the general fund and state
special revenue fund appropriations and related disbursements identified
in the division of the budget plan will go into effect automatically.
  § 25. The state finance law is amended by adding a new section  28  to
read as follows:
  §  28.  REDUCTIONS  TO ENACTED APPROPRIATIONS.  1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, TO MAINTAIN A BALANCED BUDGET IN
THE EVENT THAT THE ANNUAL ESTIMATE FOR  TAX  RECEIPTS  FOR  FISCAL  YEAR
2019-20  IS  REDUCED BY FIVE HUNDRED MILLION DOLLARS OR MORE COMPARED TO
THE ESTIMATE IN THE FISCAL YEAR 2019-20 EXECUTIVE BUDGET FINANCIAL PLAN,
THE APPROPRIATIONS AND RELATED CASH DISBURSEMENTS FOR ALL  GENERAL  FUND
AND STATE SPECIAL REVENUE FUND AID TO LOCALITIES APPROPRIATIONS SHALL BE
UNIFORMLY  REDUCED  BY  THE PERCENTAGE SET FORTH IN A WRITTEN ALLOCATION
PLAN PREPARED BY THE DIRECTOR OF THE BUDGET, PROVIDED, HOWEVER, THAT THE
UNIFORM PERCENTAGE REDUCTION SHALL NOT EXCEED THREE PERCENT. THE FOLLOW-
ING TYPES OF APPROPRIATIONS SHALL BE EXEMPT FROM UNIFORM REDUCTION:  (A)
PUBLIC ASSISTANCE PAYMENTS FOR FAMILIES AND INDIVIDUALS AND PAYMENTS FOR
ELIGIBLE AGED, BLIND AND DISABLED PERSONS RELATED TO SUPPLEMENTAL SOCIAL
SECURITY; (B)  ANY  REDUCTIONS  THAT  WOULD  VIOLATE  FEDERAL  LAW;  (C)
PAYMENTS  OF  DEBT  SERVICE  AND RELATED EXPENSES FOR WHICH THE STATE IS
CONSTITUTIONALLY OBLIGATED TO PAY DEBT SERVICE OR IS CONTRACTUALLY OBLI-
GATED TO PAY DEBT SERVICE, SUBJECT TO AN APPROPRIATION, INCLUDING  WHERE
THE  STATE  HAS  A  CONTINGENT  CONTRACTUAL OBLIGATION; (D) PAYMENTS THE
STATE IS OBLIGATED TO MAKE PURSUANT TO COURT ORDERS  OR  JUDGMENTS;  (E)
PAYMENTS FOR CUNY SENIOR COLLEGES; (F) SCHOOL AID; (G) MEDICAID; AND (H)
PAYMENTS FROM THE COMMUNITY PROJECTS FUND.

S. 1505                            32                            A. 2005

  2.  REDUCTIONS  UNDER  THIS  SECTION  SHALL  COMMENCE  WITHIN TEN DAYS
FOLLOWING THE PUBLICATION OF A FINANCIAL PLAN  REQUIRED  UNDER  SECTIONS
TWENTY-TWO OR TWENTY-THREE OF THIS ARTICLE STATING THAT THE ANNUAL ESTI-
MATE FOR TAX RECEIPTS FOR FISCAL YEAR 2019-20 IS REDUCED BY FIVE HUNDRED
MILLION  DOLLARS  OR  MORE  COMPARED  TO THE ESTIMATE IN THE FISCAL YEAR
2019-20 EXECUTIVE  BUDGET  FINANCIAL  PLAN.  SUCH  REDUCTIONS  SHALL  BE
UNIFORMLY  REDUCED IN ACCORDANCE WITH A WRITTEN ALLOCATION PLAN PREPARED
BY THE DIRECTOR OF THE BUDGET, WHICH SHALL BE FILED WITH THE STATE COMP-
TROLLER, THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND  THE  CHAIRMAN
OF  THE  ASSEMBLY WAYS AND MEANS COMMITTEE. SUCH WRITTEN ALLOCATION PLAN
SHALL INCLUDE A SUMMARY OF THE METHODOLOGY FOR CALCULATING THE  PERCENT-
AGE  REDUCTIONS  TO THE PAYMENTS FROM NON-EXEMPT APPROPRIATIONS AND CASH
DISBURSEMENTS AND THE REASONS FOR ANY EXEMPTIONS, AND A DETAILED  SCHED-
ULE  OF  THE REDUCTIONS AND EXEMPTIONS. THE DIRECTOR OF THE BUDGET SHALL
PREPARE APPROPRIATELY REDUCED CERTIFICATES, WHICH SHALL  BE  FILED  WITH
THE STATE COMPTROLLER, THE CHAIR OF THE SENATE FINANCE COMMITTEE AND THE
CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
  3.  ON  MARCH  THIRTY-FIRST,  TWO THOUSAND TWENTY, THE DIRECTOR OF THE
BUDGET SHALL CALCULATE THE DIFFERENCE, IF ANY, BETWEEN THE ANNUAL  ESTI-
MATE  IN TAX RECEIPTS CONTAINED IN THE FISCAL YEAR 2020 EXECUTIVE BUDGET
FINANCIAL PLAN AND ACTUAL TAX COLLECTIONS FOR FISCAL  YEAR  2019-20.  IF
ACTUAL  TAX  RECEIPTS  FOR  FISCAL  YEAR 2019-20 WERE NOT LESS THAN FIVE
HUNDRED MILLION DOLLARS  BELOW  THE  ANNUAL  ESTIMATE  IN  TAX  RECEIPTS
CONTAINED  IN  THE EXECUTIVE BUDGET FINANCIAL PLAN FOR FISCAL YEAR 2019-
20, THEN THE AMOUNTS WITHHELD UNDER THIS SECTION  SHALL  BE  PAYABLE  AS
SOON AS PRACTICABLE THEREAFTER IN THE FISCAL YEAR 2021-22.
  4.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF LAW, RULE OR REGU-
LATION, THE EFFECTIVENESS OF THE  PROVISIONS  OF  SECTIONS  TWENTY-EIGHT
HUNDRED  SEVEN AND THIRTY-SIX HUNDRED FOURTEEN OF THE PUBLIC HEALTH LAW,
SECTION EIGHTEEN OF CHAPTER TWO OF THE LAWS OF NINETEEN HUNDRED  EIGHTY-
EIGHT,  AND  18  NYCRR  §  505.14(H),  AS THEY RELATE TO TIME FRAMES FOR
NOTICE, APPROVAL OR  CERTIFICATION  OF  RATES  OF  PAYMENT,  ARE  HEREBY
SUSPENDED  AND  WITHOUT FORCE OR EFFECT FOR PURPOSES OF IMPLEMENTING THE
PROVISIONS OF THIS ACT.
  § 26. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary, the state comptroller is hereby authorized and directed to use
any  balance  remaining  in the mental health services fund debt service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the New York state medical  care  facilities  finance  agency,  and  the
facilities development corporation pursuant to chapter 83 of the laws of
1995  and  the  department  of  mental hygiene for the purpose of making
payments to the dormitory authority of the state of  New  York  for  the
amount  of  the  earnings  for the investment of monies deposited in the
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to  the  provisions  of
the  internal  revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal  income  taxation  on  the
interest paid to the holders of such agency's mental services facilities
improvement  revenue  bonds.  Annually on or before each June 30th, such
agency shall certify to the state comptroller its determination  of  the
amounts  received  in the mental health services fund as a result of the
investment of monies deposited therein that  will  or  may  have  to  be
rebated  to  the  federal  government  pursuant to the provisions of the
internal revenue code of 1986, as amended.

S. 1505                            33                            A. 2005

  § 27. Subdivision 1 of section 47 of section 1 of chapter 174  of  the
laws  of  1968, constituting the New York state urban development corpo-
ration act, as amended by section 31 of part BBB of chapter  59  of  the
laws of 2018, is amended to read as follows:
  1.  Notwithstanding  the  provisions of any other law to the contrary,
the dormitory authority and the corporation  are  hereby  authorized  to
issue  bonds  or  notes in one or more series for the purpose of funding
project costs for the office of information technology services, depart-
ment of  law,  and  other  state  costs  associated  with  such  capital
projects.  The  aggregate  principal  amount  of  bonds authorized to be
issued pursuant to this section shall not  exceed  [five  hundred  forty
million  nine hundred fifty-four thousand] SIX HUNDRED SIXTY-TWO MILLION
SIX HUNDRED FIFTY-FOUR THOUSAND dollars,  $662,654,000  excluding  bonds
issued  to  fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued. Such bonds and notes of the
dormitory authority and the corporation shall  not  be  a  debt  of  the
state,  and  the  state  shall  not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the  state  to
the dormitory authority and the corporation for principal, interest, and
related expenses pursuant to a service contract and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes  of  complying  with  the  internal  revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  § 28. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, relating  to  the  financing  of  the  correctional  facilities
improvement  fund and the youth facility improvement fund, as amended by
section 32 of part BBB of chapter 59 of the laws of 2018, is amended  to
read as follows:
  1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes  and  other  obligations  in  an
aggregate  principal  amount  not  to  exceed  [eight billion eighty-two
million eight hundred ninety-nine thousand] EIGHT BILLION  FOUR  HUNDRED
NINETY-FOUR   MILLION   NINE   HUNDRED   SEVENTY-NINE  THOUSAND  dollars
[$8,082,899,000] $8,494,979,000, and shall include all bonds, notes  and
other  obligations issued pursuant to chapter 56 of the laws of 1983, as
amended or supplemented. The proceeds of  such  bonds,  notes  or  other
obligations  shall be paid to the state, for deposit in the correctional
facilities capital improvement fund to pay for all or any portion of the
amount or amounts paid by the state from appropriations  or  reappropri-
ations  made  to the department of corrections and community supervision
from the correctional facilities capital improvement  fund  for  capital
projects.  The  aggregate  amount  of  bonds, notes or other obligations
authorized to be issued pursuant to this section  shall  exclude  bonds,
notes  or  other  obligations issued to refund or otherwise repay bonds,
notes or other obligations theretofore issued,  the  proceeds  of  which
were  paid  to the state for all or a portion of the amounts expended by
the state from appropriations or reappropriations made to the department
of corrections and community supervision; provided, however,  that  upon
any  such refunding or repayment the total aggregate principal amount of
outstanding bonds, notes or other obligations may be greater than [eight
billion eighty-two million eight  hundred  ninety-nine  thousand]  EIGHT
BILLION FOUR HUNDRED NINETY-FOUR MILLION NINE HUNDRED SEVENTY-NINE THOU-

S. 1505                            34                            A. 2005

SAND  dollars [$8,082,899,000] $8,494,979,000, only if the present value
of the aggregate debt service of the refunding or repayment bonds, notes
or other obligations to be issued shall not exceed the present value  of
the  aggregate  debt service of the bonds, notes or other obligations so
to be refunded or repaid. For the purposes hereof, the present value  of
the aggregate debt service of the refunding or repayment bonds, notes or
other  obligations and of the aggregate debt service of the bonds, notes
or other obligations so refunded  or  repaid,  shall  be  calculated  by
utilizing  the  effective  interest  rate  of the refunding or repayment
bonds, notes or other obligations, which shall be that rate  arrived  at
by  doubling  the  semi-annual  interest rate (compounded semi-annually)
necessary to discount the debt service  payments  on  the  refunding  or
repayment bonds, notes or other obligations from the payment dates ther-
eof  to  the date of issue of the refunding or repayment bonds, notes or
other obligations and to  the  price  bid  including  estimated  accrued
interest  or  proceeds  received  by the corporation including estimated
accrued interest from the sale thereof.
  § 29. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
housing  finance law, as amended by section 33 of part BBB of chapter 59
of the laws of 2018, is amended to read as follows:
  (a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage  the  promotion  of  housing
programs  and thereby achieve the stated purposes and objectives of such
housing programs, the agency shall have the power and is hereby  author-
ized  from  time  to  time to issue negotiable housing program bonds and
notes in such principal amount as shall be necessary to  provide  suffi-
cient  funds  for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making  capital  appropri-
ations  or  reappropriations  for  the  purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in  an
aggregate  principal  amount  not exceeding [$5,981,399,000 five billion
nine hundred eighty-one million three hundred ninety-nine thousand]  SIX
BILLION ONE HUNDRED SEVENTY-EIGHT MILLION FIVE HUNDRED NINETY-NINE THOU-
SAND  dollars $6,178,599,000, plus a principal amount of bonds issued to
fund the debt service reserve fund in accordance with the  debt  service
reserve fund requirement established by the agency and to fund any other
reserves  that the agency reasonably deems necessary for the security or
marketability of such bonds and to provide for the payment of  fees  and
other  charges  and  expenses, including underwriters' discount, trustee
and rating agency fees, bond insurance, credit enhancement and liquidity
enhancement related to the issuance of such bonds and notes. No  reserve
fund securing the housing program bonds shall be entitled or eligible to
receive  state  funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the  extent  of
any  deficiency  resulting  directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
  § 30. Subdivision (b) of section 11 of chapter  329  of  the  laws  of
1991,  amending  the  state  finance  law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 34 of part BBB of chapter 59 of the laws of 2018, is  amended
to read as follows:
  (b) Any service contract or contracts for projects authorized pursuant
to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide  for  state  commitments  to  provide

S. 1505                            35                            A. 2005

annually  to  the  thruway  authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations  of  the  thruway  authority  issued to fund or to reimburse the
state for  funding  such  projects  having  a  cost  not  in  excess  of
[$10,251,939,000]  TEN  BILLION  SEVEN  HUNDRED THIRTY-NINE MILLION FOUR
HUNDRED SEVENTY-EIGHT THOUSAND DOLLARS $10,739,478,000  cumulatively  by
the end of fiscal year [2018-19] 2019-20.
  §  31.  Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 35 of part BBB of chapter 59 of the laws of  2018,
is amended to read as follows:
  1.  The  dormitory  authority  is  authorized  to  issue bonds, at the
request of the commissioner of education, to  finance  eligible  library
construction projects pursuant to section two hundred seventy-three-a of
the  education  law,  in  amounts  certified by such commissioner not to
exceed a total principal amount of [two hundred seventeen  million]  TWO
HUNDRED THIRTY-ONE MILLION dollars $231,000,000.
  §  32.  Subdivision  (a)  of section 27 of part Y of chapter 61 of the
laws of 2005, relating to providing for the  administration  of  certain
funds  and  accounts  related  to  the  2005-2006  budget, as amended by
section 36 of part BBB of chapter 59 of the laws of 2018, is amended  to
read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban  devel-
opment  corporation  is hereby authorized to issue bonds or notes in one
or  more  series  in  an  aggregate  principal  amount  not  to   exceed
[$220,100,000  two  hundred  twenty  million  one  hundred thousand] TWO
HUNDRED SEVENTY-ONE MILLION SIX HUNDRED THOUSAND  dollars  $271,600,000,
excluding  bonds  issued  to  finance  one  or more debt service reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to refund or otherwise repay such bonds or notes previously issued,  for
the  purpose  of financing capital projects including IT initiatives for
the division of state police, debt service and leases; and to  reimburse
the  state  general fund for disbursements made therefor. Such bonds and
notes of such authorized issuer shall not be a debt of  the  state,  and
the  state shall not be liable thereon, nor shall they be payable out of
any funds other than those appropriated by the state to such  authorized
issuer  for  debt  service  and related expenses pursuant to any service
contract executed pursuant to subdivision (b) of this section  and  such
bonds  and  notes  shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be  used  to  pay
debt service on such bonds.
  §  33.  Section  44  of  section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development  corporation  act,  as
amended by section 37 of part BBB of chapter 59 of the laws  of 2018, is
amended to read as follows:
  §  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and
the corporation are hereby authorized to issue bonds or notes in one  or
more  series  for  the purpose of funding project costs for the regional
economic development council  initiative,  the  economic  transformation
program,  state university of New York college for nanoscale and science
engineering, projects within the city of Buffalo  or  surrounding  envi-
rons,  the  New  York  works economic development fund, projects for the
retention of professional football in western New York, the empire state

S. 1505                            36                            A. 2005

economic development fund, the  clarkson-trudeau  partnership,  the  New
York  genome  center, the cornell university college of veterinary medi-
cine, the olympic  regional  development  authority,  projects  at  nano
Utica,  onondaga  county  revitalization projects, Binghamton university
school of pharmacy, New York power electronics manufacturing consortium,
regional infrastructure projects,  high  tech  innovation  and  economic
development   infrastructure   program,  high  technology  manufacturing
projects in Chautauqua and Erie county, an industrial scale research and
development facility in Clinton county,  upstate  revitalization  initi-
ative  projects,  downstate  revitalization  initiative, market New York
projects, fairground buildings, equipment or facilities  used  to  house
and  promote  agriculture,  the  state fair, the empire state trail, the
moynihan station development project, the  Kingsbridge  armory  project,
strategic  economic  development projects, the cultural, arts and public
spaces fund, water infrastructure in the city  of  Auburn  and  town  of
Owasco,  a  life  sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural  facili-
ties  improvement  program,  restore  New York's communities initiative,
heavy  equipment,  economic  development  and  infrastructure  projects,
Roosevelt Island operating corporation capital projects, and other state
costs  associated  with such projects. The aggregate principal amount of
bonds authorized to be issued pursuant to this section shall not  exceed
[eight  billion three hundred million five hundred ninety thousand] NINE
BILLION THREE  HUNDRED  ONE  MILLION  SIX  HUNDRED  THIRTY-SIX  THOUSAND
dollars  $9,301,636,000, excluding bonds issued to fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes  previ-
ously  issued.  Such  bonds and notes of the dormitory authority and the
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any  funds  other  than
those  appropriated  by  the  state  to  the dormitory authority and the
corporation for principal, interest, and related expenses pursuant to  a
service  contract  and  such  bonds  and notes shall contain on the face
thereof a statement to such effect. Except  for  purposes  of  complying
with  the  internal  revenue  code,  any  interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
  2. Notwithstanding any other provision of  law  to  the  contrary,  in
order to assist the dormitory authority and the corporation in undertak-
ing  the  financing for project costs for the regional economic develop-
ment council initiative,  the  economic  transformation  program,  state
university  of  New  York college for nanoscale and science engineering,
projects within the city of Buffalo or  surrounding  environs,  the  New
York  works  economic  development  fund,  projects for the retention of
professional football in western New York,  the  empire  state  economic
development  fund, the clarkson-trudeau partnership, the New York genome
center, the cornell university college of veterinary medicine, the olym-
pic regional development authority, projects  at  nano  Utica,  onondaga
county  revitalization projects, Binghamton university school of pharma-
cy,  New  York  power  electronics  manufacturing  consortium,  regional
infrastructure  projects,  New York State Capital Assistance Program for
Transportation, infrastructure,  and  economic  development,  high  tech
innovation  and  economic development infrastructure program, high tech-
nology manufacturing projects in Chautauqua and Erie county,  an  indus-
trial scale research and development facility in Clinton county, upstate
revitalization initiative projects, downstate revitalization initiative,
market  New York projects, fairground buildings, equipment or facilities

S. 1505                            37                            A. 2005

used to house and promote agriculture, the state fair, the empire  state
trail,  the moynihan station development project, the Kingsbridge armory
project, strategic economic development projects, the cultural, arts and
public  spaces fund, water infrastructure in the city of Auburn and town
of Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural  facili-
ties  improvement  program,  restore  New York's communities initiative,
heavy  equipment,  economic  development  and  infrastructure  projects,
Roosevelt Island operating corporation capital projects, and other state
costs associated with such projects the director of the budget is hereby
authorized to enter into one or more service contracts with the dormito-
ry  authority  and  the  corporation,  none of which shall exceed thirty
years in duration, upon such terms and conditions as the director of the
budget and the dormitory authority and the corporation agree, so  as  to
annually  provide to the dormitory authority and the corporation, in the
aggregate, a sum not to exceed  the  principal,  interest,  and  related
expenses required for such bonds and notes. Any service contract entered
into  pursuant  to this section shall provide that the obligation of the
state to pay the amount therein provided shall not constitute a debt  of
the  state  within  the  meaning  of  any  constitutional  or  statutory
provision and shall be deemed executory only to  the  extent  of  monies
available  and  that  no liability shall be incurred by the state beyond
the monies available for such purpose, subject to  annual  appropriation
by the legislature. Any such contract or any payments made or to be made
thereunder  may  be  assigned and pledged by the dormitory authority and
the corporation as security for its bonds and notes,  as  authorized  by
this section.
  § 34. Subdivision (a) of section 1 of part X of chapter 59 of the laws
of  2004,  authorizing  the New York state urban development corporation
and the dormitory authority of the state of New York to issue  bonds  or
notes,  as amended by section 37-a of part BBB of chapter 59 of the laws
of 2018, is amended to read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding any other provision of law to the contrary, the New York
State  urban  development corporation and the dormitory authority of the
state of New York are hereby authorized to issue bonds or notes  in  one
or   more  series  in  an  aggregate  principal  amount  not  to  exceed
[$293,325,000] TWO HUNDRED FORTY-THREE MILLION THREE HUNDRED TWENTY-FIVE
THOUSAND DOLLARS $243,325,000, excluding bonds issued to finance one  or
more debt service reserve funds, to pay costs of issuance of such bonds,
and  bonds  or  notes  issued to refund or otherwise repay such bonds or
notes previously issued, for the purpose of financing projects  cost  of
the  Empire Opportunity Fund; Rebuilding the Empire State Through Oppor-
tunities in Regional Economies  (RESTORE)  New  York  Program;  and  the
Community  Capital  Assistance  Program authorized pursuant to Part T of
chapter 84 of the laws of 2002. Such bonds and notes of the  corporation
or  the  dormitory  authority  shall not be a debt of the state, and the
state shall not be liable thereon, nor shall they be payable out of  any
funds  other  than those appropriated by the state to the corporation or
the dormitory authority for debt service and related  expenses  pursuant
to  any  service  contract  executed pursuant to subdivision (b) of this
section and such bonds and notes shall contain on  the  face  thereof  a
statement  to  such  effect.   Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds. All of the provisions of
the New York state urban development corporation act and  the  dormitory

S. 1505                            38                            A. 2005

authority  act  relating  to  bonds and notes which are not inconsistent
with the provisions of this section shall apply to  obligations  author-
ized  by  this section, including but not limited to the power to estab-
lish  adequate reserves therefor and to issue renewal notes or refunding
bonds thereof. The issuance  of  any  bonds  or  notes  hereunder  shall
further  be  subject  to the approval of the director of the division of
the budget.
  § 35. Subdivision 3 of section 1285-p of the public  authorities  law,
as  amended by section 38 of part BBB of chapter 59 of the laws of 2018,
is amended to read as follows:
  3. The maximum amount of bonds that may be issued for the  purpose  of
financing  environmental  infrastructure  projects  authorized  by  this
section shall be [five  billion  one  hundred  forty-seven  million  two
hundred  sixty thousand] FIVE BILLION THREE HUNDRED EIGHTY-EIGHT MILLION
TEN THOUSAND dollars $5,388,010,000, exclusive of bonds issued  to  fund
any debt service reserve funds, pay costs of issuance of such bonds, and
bonds or notes issued to refund or otherwise repay bonds or notes previ-
ously  issued.  Such  bonds  and notes of the corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor  shall
they  be  payable  out of any funds other than those appropriated by the
state to the corporation for debt service and related expenses  pursuant
to  any  service  contracts executed pursuant to subdivision one of this
section, and such bonds and notes shall contain on the  face  thereof  a
statement to such effect.
  §  36.    Subdivision (a) of section 48 of part K of chapter 81 of the
laws of 2002, relating to providing for the  administration  of  certain
funds  and  accounts  related  to  the  2002-2003  budget, as amended by
section 40 of part BBB of chapter 59 of the laws of 2018, is amended  to
read as follows:
  (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
notwithstanding the provisions of section 18 of  the  urban  development
corporation  act, the corporation is hereby authorized to issue bonds or
notes in one or more series in an  aggregate  principal  amount  not  to
exceed [$253,000,000 two-hundred fifty-three million] TWO HUNDRED EIGHT-
Y-SIX  MILLION  dollars $286,000,000, excluding bonds issued to fund one
or more debt service reserve funds, to pay costs  of  issuance  of  such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or  notes  previously issued, for the purpose of financing capital costs
related to homeland security and training facilities for the division of
state police, the division of military and naval affairs, and any  other
state agency, including the reimbursement of any disbursements made from
the state capital projects fund, and is hereby authorized to issue bonds
or  notes  in one or more series in an aggregate principal amount not to
exceed [$748,800,000, seven hundred forty-eight  million  eight  hundred
thousand]  $952,800,000  NINE  HUNDRED  FIFTY-TWO  MILLION EIGHT HUNDRED
THOUSAND dollars, excluding bonds  issued  to  fund  one  or  more  debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or  notes issued to refund or otherwise repay such bonds or notes previ-
ously issued, for the purpose of financing improvements to State  office
buildings   and   other  facilities  located  statewide,  including  the
reimbursement of any disbursements made from the state capital  projects
fund. Such bonds and notes of the corporation shall not be a debt of the
state,  and  the  state  shall  not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the  state  to
the  corporation  for  debt service and related expenses pursuant to any
service contracts executed pursuant to subdivision (b) of this  section,

S. 1505                            39                            A. 2005

and  such  bonds and notes shall contain on the face thereof a statement
to such effect.
  § 37. Subdivision 1 of section 386-b of the public authorities law, as
amended  by section 41 of part BBB of chapter 59 of the laws of 2018, is
amended to read as follows:
  1. Notwithstanding any other provision of law  to  the  contrary,  the
authority, the dormitory authority and the urban development corporation
are  hereby authorized to issue bonds or notes in one or more series for
the purpose of financing peace bridge  projects  and  capital  costs  of
state and local highways, parkways, bridges, the New York state thruway,
Indian reservation roads, and facilities, and transportation infrastruc-
ture   projects   including  aviation  projects,  non-MTA  mass  transit
projects, and rail service preservation projects, including work  appur-
tenant  and  ancillary  thereto. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed  [four
billion  five  hundred  million dollars $4,500,000,000] FOUR BILLION SIX
HUNDRED TWENTY-EIGHT MILLION  DOLLARS  $4,628,000,000,  excluding  bonds
issued  to  fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and to refund or otherwise repay such  bonds  or
notes  previously  issued.  Such  bonds  and notes of the authority, the
dormitory authority and the urban development corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor  shall
they  be  payable  out of any funds other than those appropriated by the
state to the authority, the dormitory authority and the  urban  develop-
ment  corporation for principal, interest, and related expenses pursuant
to a service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except  for  purposes  of  complying
with  the  internal  revenue  code,  any  interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
  § 38. Paragraph (c) of subdivision 19 of section 1680  of  the  public
authorities  law,  as amended by section 42 of part BBB of chapter 59 of
the laws of 2018, is amended to read as follows:
  (c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any  bonds  for  state
university  educational  facilities  purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
issued by the dormitory authority on  and  after  July  first,  nineteen
hundred  eighty-eight  for  state university educational facilities will
exceed [thirteen billion one hundred seventy-eight million eight hundred
sixty-four thousand  dollars  $13,178,864,000]  THIRTEEN  BILLION  EIGHT
HUNDRED  FORTY-ONE  MILLION  EIGHT  HUNDRED  SIXTY-FOUR THOUSAND DOLLARS
$13,841,864,000; provided, however, that bonds issued or  to  be  issued
shall  be excluded from such limitation if: (1) such bonds are issued to
refund  state  university  construction  bonds  and   state   university
construction  notes  previously issued by the housing finance agency; or
(2) such bonds are issued to refund bonds  of  the  authority  or  other
obligations  issued for state university educational facilities purposes
and the present value of the aggregate debt  service  on  the  refunding
bonds does not exceed the present value of the aggregate debt service on
the bonds refunded thereby; provided, further that upon certification by
the director of the budget that the issuance of refunding bonds or other
obligations  issued between April first, nineteen hundred ninety-two and
March thirty-first, nineteen hundred  ninety-three  will  generate  long
term  economic  benefits  to  the  state, as assessed on a present value
basis, such issuance will be deemed to have met the present  value  test
noted  above. For purposes of this subdivision, the present value of the

S. 1505                            40                            A. 2005

aggregate debt service of the refunding bonds  and  the  aggregate  debt
service of the bonds refunded, shall be calculated by utilizing the true
interest  cost  of the refunding bonds, which shall be that rate arrived
at  by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the  refunding  bonds
from  the  payment  dates  thereof to the date of issue of the refunding
bonds to the purchase price of the refunding bonds,  including  interest
accrued  thereon  prior  to  the  issuance thereof. The maturity of such
bonds, other than bonds issued to refund outstanding  bonds,  shall  not
exceed  the  weighted  average  economic life, as certified by the state
university construction fund, of the facilities in connection with which
the bonds are issued, and in any case not  later  than  the  earlier  of
thirty  years  or  the  expiration of the term of any lease, sublease or
other agreement relating  thereto;  provided  that  no  note,  including
renewals  thereof,  shall mature later than five years after the date of
issuance of such note. The legislature reserves the right  to  amend  or
repeal  such  limit, and the state of New York, the dormitory authority,
the state university of New York, and the state university  construction
fund are prohibited from covenanting or making any other agreements with
or  for  the  benefit  of bondholders which might in any way affect such
right.
  § 39. Paragraph (c) of subdivision 14 of section 1680  of  the  public
authorities  law,  as amended by section 43 of part BBB of chapter 59 of
the laws of 2018, is amended to read as follows:
  (c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, (i) the dormitory authority shall  not  deliver  a  series  of
bonds for city university community college facilities, except to refund
or  to  be substituted for or in lieu of other bonds in relation to city
university community college facilities pursuant to a resolution of  the
dormitory  authority adopted before July first, nineteen hundred eighty-
five or any resolution supplemental thereto, if the principal amount  of
bonds  so  to  be  issued  when  added to all principal amounts of bonds
previously issued by the dormitory authority for city university  commu-
nity  college  facilities, except to refund or to be substituted in lieu
of other bonds in relation to city university community college  facili-
ties will exceed the sum of four hundred twenty-five million dollars and
(ii)  the dormitory authority shall not deliver a series of bonds issued
for city university facilities, including community college  facilities,
pursuant  to a resolution of the dormitory authority adopted on or after
July first, nineteen hundred eighty-five, except  to  refund  or  to  be
substituted for or in lieu of other bonds in relation to city university
facilities  and except for bonds issued pursuant to a resolution supple-
mental to a resolution of the dormitory authority adopted prior to  July
first, nineteen hundred eighty-five, if the principal amount of bonds so
to  be  issued  when  added  to the principal amount of bonds previously
issued pursuant to any such resolution, except bonds issued to refund or
to be substituted for or in lieu of other  bonds  in  relation  to  city
university facilities, will exceed [eight billion three hundred fourteen
million  six  hundred  ninety-one thousand dollars $8,314,691,000] EIGHT
BILLION SIX HUNDRED SEVENTY-FOUR MILLION TWO HUNDRED FIFTY-SIX  THOUSAND
DOLLARS  $8,674,256,000.  The legislature reserves the right to amend or
repeal such limit, and the state of New York, the  dormitory  authority,
the  city  university,  and  the fund are prohibited from covenanting or
making any other agreements with or for the benefit of bondholders which
might in any way affect such right.

S. 1505                            41                            A. 2005

  § 40. Subdivision 10-a of section 1680 of the public authorities  law,
as  amended by section 44 of part BBB of chapter 59 of the laws of 2018,
is amended to read as follows:
  10-a.  Subject  to the provisions of chapter fifty-nine of the laws of
two thousand, but notwithstanding any other provision of the law to  the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first,  two  thousand two, on behalf of the state, in relation to
any locally sponsored community college, shall be [nine  hundred  sixty-
eight  million five hundred forty-two thousand dollars $968,542,000] ONE
BILLION FIVE MILLION SIX HUNDRED TWO  THOUSAND  DOLLARS  $1,005,602,000.
Such  amount  shall  be  exclusive of bonds and notes issued to fund any
reserve fund or funds, costs of issuance and to refund  any  outstanding
bonds  and  notes,  issued on behalf of the state, relating to a locally
sponsored community college.
  § 41. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of 1997, relating  to  the  financing  of  the  correctional  facilities
improvement  fund and the youth facility improvement fund, as amended by
section 45 of part BBB of chapter 59 of the laws of 2018, is amended  to
read as follows:
  1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes  and  other  obligations  in  an
aggregate  principal  amount not to exceed [seven] EIGHT hundred [sixty-
nine] FOUR million six hundred fifteen thousand dollars [($769,615,000)]
$804,615,000, which  authorization  increases  the  aggregate  principal
amount of bonds, notes and other obligations authorized by section 40 of
chapter  309 of the laws of 1996, and shall include all bonds, notes and
other obligations issued pursuant to chapter 211 of the laws of 1990, as
amended or supplemented. The proceeds of  such  bonds,  notes  or  other
obligations shall be paid to the state, for deposit in the youth facili-
ties  improvement  fund,  to pay for all or any portion of the amount or
amounts paid by the state from appropriations or  reappropriations  made
to  the office of children and family services from the youth facilities
improvement fund for capital projects. The aggregate  amount  of  bonds,
notes  and  other  obligations  authorized to be issued pursuant to this
section shall exclude bonds, notes or other obligations issued to refund
or otherwise repay bonds, notes or other obligations theretofore issued,
the proceeds of which were paid to the state for all or a portion of the
amounts expended by the state from  appropriations  or  reappropriations
made  to  the office of children and family services; provided, however,
that upon any such refunding or repayment the total aggregate  principal
amount  of  outstanding bonds, notes or other obligations may be greater
than [seven] EIGHT hundred [sixty-nine] FOUR million six hundred fifteen
thousand dollars [($769,615,000)]  $804,615,000,  only  if  the  present
value of the aggregate debt service of the refunding or repayment bonds,
notes  or  other  obligations  to be issued shall not exceed the present
value of the aggregate debt service of the bonds, notes or  other  obli-
gations  so to be refunded or repaid. For the purposes hereof, the pres-
ent value of the aggregate debt service of the  refunding  or  repayment
bonds,  notes  or other obligations and of the aggregate debt service of
the bonds, notes or other obligations so refunded or  repaid,  shall  be
calculated  by utilizing the effective interest rate of the refunding or
repayment bonds, notes or other obligations, which shall  be  that  rate
arrived  at  by doubling the semi-annual interest rate (compounded semi-
annually) necessary to discount the debt service payments on the refund-

S. 1505                            42                            A. 2005

ing or repayment bonds, notes or  other  obligations  from  the  payment
dates  thereof to the date of issue of the refunding or repayment bonds,
notes or other obligations and to  the  price  bid  including  estimated
accrued interest or proceeds received by the corporation including esti-
mated accrued interest from the sale thereof.
  §  42.  Paragraph  b  of  subdivision 2 of section 9-a of section 1 of
chapter 392 of the laws of 1973, constituting the New York state medical
care facilities finance agency act, as amended by section 46 of part BBB
of chapter 59 of the laws of 2018, is amended to read as follows:
  b. The agency shall have power and is hereby authorized from  time  to
time  to  issue negotiable bonds and notes in conformity with applicable
provisions of the uniform commercial code in such principal  amount  as,
in  the  opinion  of  the  agency, shall be necessary, after taking into
account other moneys which may be available for the purpose, to  provide
sufficient  funds  to  the  facilities  development  corporation, or any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of mental health services facilities pursuant to  paragraph  a  of  this
subdivision,  the payment of interest on mental health services improve-
ment bonds and mental health services improvement notes issued for  such
purposes,  the establishment of reserves to secure such bonds and notes,
the cost or premium of bond insurance or  the  costs  of  any  financial
mechanisms  which  may  be used to reduce the debt service that would be
payable by the agency on its mental health services facilities  improve-
ment  bonds  and notes and all other expenditures of the agency incident
to and necessary or convenient to providing the  facilities  development
corporation,  or  any  successor agency, with funds for the financing or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing finance law; provided, however, that the agency shall not  issue
mental  health  services  facilities improvement bonds and mental health
services facilities improvement notes in an aggregate  principal  amount
exceeding  [eight  billion  seven  hundred  seventy-eight  million seven
hundred eleven thousand] NINE BILLION THREE HUNDRED THIRTY-THREE MILLION
THREE HUNDRED EIGHT THOUSAND dollars  $9,333,308,000,  excluding  mental
health  services facilities improvement bonds and mental health services
facilities improvement notes issued to refund outstanding mental  health
services facilities improvement bonds and mental health services facili-
ties  improvement notes; provided, however, that upon any such refunding
or repayment of mental  health  services  facilities  improvement  bonds
and/or  mental  health  services  facilities improvement notes the total
aggregate principal amount of outstanding mental health services facili-
ties improvement bonds and mental health  facilities  improvement  notes
may  be  greater than [eight billion seven hundred seventy-eight million
seven hundred eleven thousand dollars $8,778,711,000] NINE BILLION THREE
HUNDRED  THIRTY-THREE  MILLION  THREE  HUNDRED  EIGHT  THOUSAND  DOLLARS
$9,333,308,000,  only if, except as hereinafter provided with respect to
mental health services  facilities  bonds  and  mental  health  services
facilities  notes  issued  to  refund  mental  hygiene improvement bonds
authorized to be issued pursuant to the provisions of  section  47-b  of
the private housing finance law, the present value of the aggregate debt
service  of  the  refunding  or  repayment  bonds to be issued shall not
exceed the present value of the aggregate debt service of the  bonds  to
be  refunded  or  repaid. For purposes hereof, the present values of the
aggregate debt service of the refunding or  repayment  bonds,  notes  or

S. 1505                            43                            A. 2005

other  obligations and of the aggregate debt service of the bonds, notes
or other obligations so refunded  or  repaid,  shall  be  calculated  by
utilizing  the  effective  interest  rate  of the refunding or repayment
bonds,  notes  or other obligations, which shall be that rate arrived at
by doubling the semi-annual  interest  rate  (compounded  semi-annually)
necessary  to  discount  the  debt  service payments on the refunding or
repayment bonds, notes or other obligations from the payment dates ther-
eof to the date of issue of the refunding or repayment bonds,  notes  or
other  obligations  and  to  the  price  bid including estimated accrued
interest or proceeds  received  by  the  authority  including  estimated
accrued  interest  from  the  sale thereof. Such bonds, other than bonds
issued to refund outstanding bonds, shall be scheduled to mature over  a
term  not to exceed the average useful life, as certified by the facili-
ties development corporation, of the projects for which  the  bonds  are
issued,  and  in  any case shall not exceed thirty years and the maximum
maturity of notes or any renewals thereof shall not  exceed  five  years
from  the  date of the original issue of such notes. Notwithstanding the
provisions of this section, the agency shall have the power and is here-
by authorized to issue mental  health  services  facilities  improvement
bonds  and/or  mental  health  services  facilities improvement notes to
refund outstanding mental hygiene improvement  bonds  authorized  to  be
issued pursuant to the provisions of section 47-b of the private housing
finance  law  and  the  amount  of  bonds issued or outstanding for such
purposes shall not be included for purposes of determining the amount of
bonds issued pursuant to this section. The director of the budget  shall
allocate  the  aggregate principal authorized to be issued by the agency
among the office of mental health, office for people with  developmental
disabilities, and the office of alcoholism and substance abuse services,
in  consultation with their respective commissioners to finance bondable
appropriations previously approved by the legislature.
  § 43. Subdivision (a) of section 28 of part Y of  chapter  61  of  the
laws  of  2005,  relating to providing for the administration of certain
funds and accounts related  to  the  2005-2006  budget,  as  amended  by
section  49 of part BBB of chapter 59 of the laws of 2018, is amended to
read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding  any  provisions  of  law  to  the contrary, one or more
authorized issuers as defined by section 68-a of the state  finance  law
are  hereby  authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to  exceed  [$67,000,000,  sixty-seven
million]  NINETY-TWO MILLION dollars $92,000,000, excluding bonds issued
to finance one or more debt service reserve funds, to pay costs of issu-
ance of such bonds, and bonds or notes issued  to  refund  or  otherwise
repay  such bonds or notes previously issued, for the purpose of financ-
ing capital projects for public protection facilities in the Division of
Military and Naval Affairs, debt service and leases;  and  to  reimburse
the  state  general fund for disbursements made therefor. Such bonds and
notes of such authorized issuer shall not be a debt of  the  state,  and
the  state shall not be liable thereon, nor shall they be payable out of
any funds other than those appropriated by the state to such  authorized
issuer  for  debt  service  and related expenses pursuant to any service
contract executed pursuant to subdivision (b) of this section  and  such
bonds  and  notes  shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be  used  to  pay
debt service on such bonds.

S. 1505                            44                            A. 2005

  § 44. Subdivision 1 of section 386-a of the public authorities law, as
amended  by section 61 of part BBB of chapter 59 of the laws of 2018, is
amended to read as follows:
  1.  Notwithstanding  any  other  provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series  for
the  purpose  of  assisting the metropolitan transportation authority in
the financing of transportation facilities  as  defined  in  subdivision
seventeen  of  section  twelve  hundred  sixty-one  of this chapter. The
aggregate principal amount of bonds authorized to be issued pursuant  to
this  section  shall  not  exceed  [one  billion six hundred ninety-four
million dollars $1,694,000,000] TWO BILLION SEVENTY-NINE  MILLION  EIGHT
HUNDRED  FIFTY-SIX  THOUSAND  DOLLARS  $2,079,856,000,  excluding  bonds
issued to fund one or more debt service reserve funds, to pay  costs  of
issuance  of  such bonds, and to refund or otherwise repay such bonds or
notes previously issued. Such bonds and  notes  of  the  authority,  the
dormitory authority and the urban development corporation shall not be a
debt  of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those  appropriated  by  the
state  to  the authority, the dormitory authority and the urban develop-
ment corporation for principal, interest, and related expenses  pursuant
to a service contract and such bonds and notes shall contain on the face
thereof  a  statement  to  such effect. Except for purposes of complying
with the internal revenue code,  any  interest  income  earned  on  bond
proceeds shall only be used to pay debt service on such bonds.
  §  45.  Subdivision 1 of section 50 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban  development  corpo-
ration  act,  as  amended by section 42 of part XXX of chapter 59 of the
laws of 2017, is amended to read as follows:
  1. Notwithstanding the provisions of any other law  to  the  contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of  funding  project  costs  undertaken  by  or on behalf of special act
school districts,  state-supported  schools  for  the  blind  and  deaf,
approved private special education schools, non-public schools, communi-
ty  centers,  day care facilities, and other state costs associated with
such capital projects. The aggregate principal amount of  bonds  author-
ized  to be issued pursuant to this section shall not exceed [fifty-five
million dollars] ONE HUNDRED TEN MILLION DOLLARS $110,000,000, excluding
bonds issued to fund one or more debt  service  reserve  funds,  to  pay
costs  of issuance of such bonds, and bonds or notes issued to refund or
otherwise repay such bonds or notes previously issued.  Such  bonds  and
notes  of  the dormitory authority and the urban development corporation
shall not be a debt of the state, and the  state  shall  not  be  liable
thereon,  nor  shall  they  be payable out of any funds other than those
appropriated by the state to  the  dormitory  authority  and  the  urban
development  corporation  for  principal, interest, and related expenses
pursuant to a service contract and such bonds and notes shall contain on
the face thereof a statement to such effect.   Except  for  purposes  of
complying  with the internal revenue code, any interest income earned on
bond proceeds shall only be used to pay debt service on such bonds.
  § 46. Section 1 of chapter 174 of the laws of 1968,  constituting  the
New York state urban development corporation act, is amended by adding a
new section 53 to read as follows:
  §  53.  1.  NOTWITHSTANDING  THE  PROVISIONS  OF  ANY OTHER LAW TO THE
CONTRARY, THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT  CORPORATION

S. 1505                            45                            A. 2005

ARE  HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN ONE OR MORE SERIES FOR
THE PURPOSE OF FUNDING PROJECT COSTS FOR THE ACQUISITION  OF  EQUIPMENT,
INCLUDING  BUT  NOT LIMITED TO THE CREATION OR MODERNIZATION OF INFORMA-
TION  TECHNOLOGY SYSTEMS AND RELATED RESEARCH AND DEVELOPMENT EQUIPMENT,
HEALTH AND SAFETY EQUIPMENT, HEAVY EQUIPMENT AND MACHINERY, THE CREATION
OR IMPROVEMENT OF SECURITY SYSTEMS, AND LABORATORY EQUIPMENT  AND  OTHER
STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS. THE AGGREGATE PRINCI-
PAL  AMOUNT  OF  BONDS  AUTHORIZED TO BE ISSUED PURSUANT TO THIS SECTION
SHALL NOT EXCEED NINETY-THREE  MILLION  DOLLARS  $93,000,000,  EXCLUDING
BONDS  ISSUED  TO  FUND  ONE  OR MORE DEBT SERVICE RESERVE FUNDS, TO PAY
COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED TO REFUND  OR
OTHERWISE  REPAY  SUCH  BONDS OR NOTES PREVIOUSLY ISSUED. SUCH BONDS AND
NOTES OF THE DORMITORY AUTHORITY AND THE URBAN  DEVELOPMENT  CORPORATION
SHALL  NOT  BE  A  DEBT  OF THE STATE, AND THE STATE SHALL NOT BE LIABLE
THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY  FUNDS  OTHER  THAN  THOSE
APPROPRIATED  BY  THE  STATE  TO  THE  DORMITORY AUTHORITY AND THE URBAN
DEVELOPMENT CORPORATION FOR PRINCIPAL, INTEREST,  AND  RELATED  EXPENSES
PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON
THE  FACE  THEREOF  A  STATEMENT  TO SUCH EFFECT. EXCEPT FOR PURPOSES OF
COMPLYING WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED  ON
BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, IN
ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
RATION IN UNDERTAKING THE FINANCING FOR PROJECT COSTS FOR  THE  ACQUISI-
TION  OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO THE CREATION OR MODERN-
IZATION OF INFORMATION  TECHNOLOGY  SYSTEMS  AND  RELATED  RESEARCH  AND
DEVELOPMENT  EQUIPMENT, HEALTH AND SAFETY EQUIPMENT, HEAVY EQUIPMENT AND
MACHINERY, THE CREATION OR IMPROVEMENT OF SECURITY SYSTEMS, AND  LABORA-
TORY  EQUIPMENT  AND  OTHER  STATE  COSTS  ASSOCIATED  WITH SUCH CAPITAL
PROJECTS, THE DIRECTOR OF THE BUDGET IS HEREBY AUTHORIZED TO ENTER  INTO
ONE OR MORE SERVICE CONTRACTS WITH THE DORMITORY AUTHORITY AND THE URBAN
DEVELOPMENT  CORPORATION,  NONE  OF  WHICH  SHALL EXCEED THIRTY YEARS IN
DURATION, UPON SUCH TERMS AND CONDITIONS AS THE DIRECTOR OF  THE  BUDGET
AND THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION AGREE,
SO  AS  TO  ANNUALLY  PROVIDE  TO  THE DORMITORY AUTHORITY AND THE URBAN
DEVELOPMENT CORPORATION, IN THE AGGREGATE, A SUM NOT TO EXCEED THE PRIN-
CIPAL, INTEREST, AND RELATED EXPENSES REQUIRED FOR SUCH BONDS AND NOTES.
ANY SERVICE CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL PROVIDE
THAT THE OBLIGATION OF THE STATE TO  PAY  THE  AMOUNT  THEREIN  PROVIDED
SHALL  NOT  CONSTITUTE  A  DEBT  OF  THE STATE WITHIN THE MEANING OF ANY
CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY ONLY
TO THE EXTENT OF  MONIES  AVAILABLE  AND  THAT  NO  LIABILITY  SHALL  BE
INCURRED  BY  THE  STATE  BEYOND  THE MONIES AVAILABLE FOR SUCH PURPOSE,
SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLATURE. ANY SUCH CONTRACT OR
ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED  AND  PLEDGED
BY  THE  DORMITORY  AUTHORITY  AND  THE URBAN DEVELOPMENT CORPORATION AS
SECURITY FOR ITS BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
  § 47. Subdivision 2 and paragraph (a)  of  subdivision  4  of  section
1680-q of the public authorities law, as added by section 4 of part B of
chapter 57 of the laws of 2013, are amended to read as follows:
  2.  The  authority may, from and after April first, two thousand thir-
teen, issue dormitory facility revenue bonds in an amount not to  exceed
[nine  hundred forty-four] ONE BILLION THREE HUNDRED NINETY-FOUR million
dollars. Notwithstanding any other rule or law, such bonds shall not  be
a  debt  of  the state of New York or the state university nor shall the
state or the state university be liable thereon, nor shall they be paya-

S. 1505                            46                            A. 2005

ble out of any funds other than  those  of  the  authority  constituting
dormitory  facilities  revenues. Such amount shall be exclusive of bonds
and notes issued to fund any reserve fund or funds,  cost  of  issuance,
original issue premium, and to refund any prior dormitory facility bonds
or  any  dormitory  facility  revenue bonds. The authority and the state
university are hereby authorized to enter into agreements  relating  to,
among  other  things,  the acquisition of property or interests therein,
the construction, reconstruction, rehabilitation, improvement, equipping
and furnishing of dormitory facilities, the operation and maintenance of
dormitory facilities, and the billing, collection  and  disbursement  of
dormitory  facilities  revenues,  the  title to which has been conveyed,
assigned or otherwise transferred to the authority pursuant to paragraph
y of subdivision two of section three hundred fifty-five of  the  educa-
tion  law.  In  no  event shall the state university have any obligation
under the agreement to make payment with respect to, on account of or to
pay dormitory facilities revenue bonds, and such bonds shall be  payable
solely  from the dormitory facilities revenues assigned to the authority
by the state university. No debt shall be contracted except  to  finance
capital  works or purposes.  Notwithstanding any other provision of law,
dormitory facility revenues shall not be deemed to be  revenues  of  the
state.  Notwithstanding  any  other  rule or law, the state shall not be
liable for any payments on any dormitory  facility  revenue  bonds,  and
such bonds shall not be a debt of the state and shall not be payable out
of  any  funds  other than the dormitory facilities revenues assigned to
the authority by the state university.
  (a) The dormitory authority, in consultation with the state university
of New York, shall prepare an annual report due on September  thirtieth,
commencing  on  September  thirtieth,  two  thousand  fourteen, of every
calendar year relating to the provisions of paragraph y  of  subdivision
two  of  section three hundred fifty-five of the education law [as added
by a chapter of the laws of  two  thousand  thirteen  which  added  this
section];  subdivision  eight of section three hundred fifty-five of the
education law [as amended by a chapter of the laws of two thousand thir-
teen which added this section];  and  this  section.  The  report  shall
include,  but  not  be  limited  to:  (i) the total dormitory facilities
revenues assigned or otherwise transferred from the state university  of
New York to the dormitory authority in the prior state university fiscal
year  and the sum of such transfers made in the five prior fiscal years;
(ii) the sum of monies, if any, transferred to the state  university  of
New  York  from the dormitory facilities revenue fund in the prior state
university fiscal year; (iii) a list of any increase in rents, fees  and
other  charges  that  relate  to  dormitory  facilities  per  campus  to
students; (iv) a summary of all costs associated with the  construction,
reconstruction,   rehabilitation,  improvement,  equipping,  furnishing,
repair, maintenance and operations  of  dormitory  facilities  that  the
dormitory  authority  funded  with dormitory facilities revenues and the
proceeds of dormitory facility revenue bonds; (v) a summary  and  justi-
fication  of  dormitory  authority  administrative  expenses  and  costs
incurred related to the dormitory  facilities  revenue  fund;  (vi)  the
issuance  amounts,  debt service costs and savings, if any, of all state
university of New York dormitory bonds issued prior to April first,  two
thousand  thirteen and refinanced by the dormitory authority with dormi-
tory facility revenue bonds; (vii) total amount of debt service payments
made per year on dormitory facility revenue bonds; and (viii)  an  esti-
mated  date  when  the  dormitory authority will reach the [nine hundred
forty-four million dollar] cap on dormitory facility revenue bonds.

S. 1505                            47                            A. 2005

  § 48. Paragraphs b and f of subdivision 3 of section 9 of section 1 of
chapter 359 of the laws of 1968 constituting the facilities  development
corporation  act,  paragraph  b as amended by chapter 236 of the laws of
2005 and paragraph f as amended by chapter 58 of the laws of  1987,  are
amended and a new paragraph g is added to read as follows:
  b.  All  monies  of  the  corporation received or accepted pursuant to
paragraph a of this subdivision, other than appropriations and  advances
from  the  state  and except as otherwise authorized or provided in this
section, shall be paid to the commissioner of taxation  and  finance  as
agent  of  the corporation, who shall not commingle such monies with any
other monies. Such monies shall be deposited in  two  or  more  separate
bank  accounts. One of such accounts, to which shall be credited (i) all
payments made on or after January 1, 1964, for the care, maintenance and
treatment of patients in every mental hygiene  facility,  other  than  a
community mental health and retardation facility, (ii) all payments made
to  the corporation as rentals, lease payments, permit fees or otherwise
under any lease, sublease or agreement  undertaken  with  respect  to  a
community  mental health and retardation facility or a current or former
mental hygiene facility, (iii) all payments made to the corporation  for
the purchase of real property held by the corporation for the use of the
department, other than payments derived from New York state medical care
facilities  finance  agency  financing  or  refinancing  of  the design,
construction, acquisition, reconstruction,  rehabilitation,  improvement
or  renovation  of  state  operated  mental hygiene facilities, (iv) all
income from investments and (v) all monies received or  to  be  received
for  the purposes of such account on a recurring basis, shall be denomi-
nated the "mental hygiene facilities improvement fund  income  account".
The  monies  in  any  account  shall be paid out on checks signed by the
commissioner of taxation and finance on requisition of the  chairman  of
the  corporation  or  of  such  other officer or employee or officers or
employees as the corporation shall authorize to make  such  requisition.
All  deposits  of  such  money shall, if required by the commissioner of
taxation and finance or the directors of the corporation, be secured  by
obligations of the United States or of the state of a market value equal
at all times to the amount of the deposit and all banks and trust compa-
nies  are authorized to give such security for such deposits. Any moneys
of the corporation not required for immediate use or  disbursement  may,
at the discretion of the corporation, be invested by the commissioner of
taxation  and  finance in accordance with the provisions of section 98-a
of the state finance law. [When the corporation is no longer required to
make any rental payments under any lease, sublease or agreement  entered
into with the state housing finance agency in effect as of the effective
date  of  this  amendment  to  this  paragraph,  all  monies received or
accepted pursuant to paragraph a of this subdivision, other than  appro-
priations and advances from the state and except as otherwise authorized
or  provided  in this section, shall be deposited into the mental health
services fund established by section 97-f of the state finance law.  Any
monies  remaining  in  the  mental  hygiene  facilities improvement fund
income account and in any rental reserve  account  created  pursuant  to
paragraph  c of subdivision 4 of this section, when such lease, sublease
or agreement is no longer in effect shall be  deposited  in  the  mental
health  services  fund.]  THE MENTAL HYGIENE FACILITIES IMPROVEMENT FUND
AND THE INCOME ACCOUNT THEREIN SHALL REMAIN IN  EXISTENCE  UNTIL  TERMI-
NATED  BY THE CORPORATION BY WRITTEN NOTICE TO THE COMMISSIONER OF TAXA-
TION AND FINANCE. ANY MONEYS ON DEPOSIT IN THE MENTAL HYGIENE FACILITIES
IMPROVEMENT FUND OR THE INCOME ACCOUNT THEREIN UPON THE  TERMINATION  OF

S. 1505                            48                            A. 2005

SAID  FUND AND ACCOUNT SHALL BE TRANSFERRED BY THE COMMISSIONER OF TAXA-
TION AND FINANCE TO THE MENTAL HEALTH  SERVICES  FUND.  THE  CORPORATION
SHALL  NOT  TERMINATE THE MENTAL HYGIENE FACILITIES IMPROVEMENT FUND AND
THE  INCOME  ACCOUNT THEREIN UNTIL ALL MENTAL HEALTH SERVICES FACILITIES
BONDS ISSUED PURSUANT TO: (I) THE NEW YORK STATE MEDICAL CARE FACILITIES
FINANCE AGENCY ACT; (II) ARTICLE FIVE-C OF THE STATE  FINANCE  LAW;  AND
(III)  ARTICLE  FIVE-F  OF  THE  STATE  FINANCE LAW AND PAYABLE FROM THE
INCOME ACCOUNT AS DESCRIBED IN PARAGRAPH G OF THIS  SUBDIVISION  ARE  NO
LONGER OUTSTANDING.
  f. The directors of the corporation shall from time to time, but in no
event later than the fifteenth day of each month pay over to the commis-
sioner  of taxation and finance and the state comptroller for deposit in
the mental health services fund, all monies of the corporation in excess
of the aggregate amount of money required to be maintained on deposit in
the mental hygiene facilities improvement fund income  account  pursuant
to  [paragraph]  PARAGRAPHS e AND G of this subdivision. Prior to making
any such payment, the chairman of the corporation shall,  on  behalf  of
the  directors, make and deliver to the governor and the director of the
budget his certificate stating the aggregate amount to be maintained  on
deposit in the mental hygiene facilities improvement fund income account
to  comply in full with the provisions of [paragraph e] PARAGRAPHS E AND
G of this subdivision.
  G. (1) IN ADDITION TO THE AMOUNT REQUIRED TO BE  MAINTAINED  BY  PARA-
GRAPH E OF THIS SUBDIVISION, THERE SHALL BE ACCUMULATED AND SET ASIDE IN
EACH  MONTH  IN  THE  MENTAL  HYGIENE FACILITIES IMPROVEMENT FUND INCOME
ACCOUNT, ALL RECEIPTS ASSOCIATED WITH LOANS, LEASES AND OTHER AGREEMENTS
WITH VOLUNTARY AGENCIES. THE CORPORATION SHALL  PROVIDE  THE  AMOUNT  OF
SUCH  RECEIPTS  TO  BE  SET  ASIDE  TO  THE COMMISSIONER OF TAXATION AND
FINANCE IN EACH MONTH.  (2) NO LATER THAN FIVE DAYS PRIOR TO THE EARLIER
OF WHEN PAYMENT IS TO BE MADE ON BONDS ISSUED FOR MENTAL HEALTH SERVICES
FACILITIES PURPOSES PURSUANT TO: (I) THE NEW  YORK  STATE  MEDICAL  CARE
FACILITIES  FINANCE AGENCY ACT; (II) ARTICLE FIVE-C OF THE STATE FINANCE
LAW; AND (III) ARTICLE FIVE-F OF THE STATE FINANCE LAW,  SUCH  SET-ASIDE
RECEIPTS  SHALL  BE  TRANSFERRED  BY  THE  COMMISSIONER  OF TAXATION AND
FINANCE AS AGENT OF THE CORPORATION FROM THE MENTAL  HYGIENE  FACILITIES
IMPROVEMENT  FUND  INCOME  ACCOUNT IN THE AMOUNTS SET FORTH IN SCHEDULES
PROVIDED BY THE CORPORATION TO THE COMMISSIONER OF TAXATION AND  FINANCE
IN  THE  FOLLOWING  PRIORITY: FIRST, TO THE TRUSTEE APPOINTED BY THE NEW
YORK STATE MEDICAL CARE FACILITIES FINANCE AGENCY FOR THE  BONDS  ISSUED
PURSUANT  TO  THE  NEW YORK STATE MEDICAL CARE FACILITIES FINANCE AGENCY
ACT FOR BOTH VOLUNTARY AGENCY AND STATE PURPOSES TO PAY DEBT SERVICE AND
OTHER CASH REQUIREMENTS DUE ON SUCH BONDS ON THE RELEVANT PAYMENT  DATE,
SECOND,  ANY  REMAINING AMOUNT OF SUCH SET-ASIDE RECEIPTS TO THE TRUSTEE
APPOINTED BY AUTHORIZED ISSUERS FOR THE BONDS ISSUED PURSUANT TO ARTICLE
FIVE-C OF THE STATE FINANCE LAW TO  PAY  DEBT  SERVICE  AND  OTHER  CASH
REQUIREMENTS  DUE  ON SUCH BONDS ON THE RELEVANT PAYMENT DATE AND THIRD,
ANY REMAINING AMOUNT OF SUCH  SET-ASIDE  TO  THE  TRUSTEE  APPOINTED  BY
AUTHORIZED  ISSUERS  FOR  THE BONDS ISSUED PURSUANT TO ARTICLE FIVE-F OF
THE STATE FINANCE LAW TO PAY DEBT SERVICE AND  OTHER  CASH  REQUIREMENTS
DUE ON SUCH BONDS ON THE RELEVANT PAYMENT DATE.
  §  49.  Subdivisions 5 and 8 of section 97-f of the state finance law,
subdivision 5 as amended by section 15 of part BBB of chapter 59 of  the
laws  of  2018  and subdivision 8 as amended by section 59 of part HH of
chapter 57 of the laws of 2013, are amended and a new subdivision  9  is
added to read as follows:

S. 1505                            49                            A. 2005

  5. The comptroller shall from time to time, but in no event later than
the  fifteenth  day  of  each  month, pay over for deposit in the mental
hygiene general fund state operations account all moneys in  the  mental
health  services  fund  in  excess of the amount of money required to be
maintained  on deposit in the mental health services fund. [The] SUBJECT
TO SUBDIVISION NINE OF THIS SECTION, THE amount  required  to  be  main-
tained  in  such  fund  shall be (i) twenty percent of the amount of the
next payment coming due relating to the mental health  services  facili-
ties  improvement  program  under  any  agreement between the facilities
development corporation and the New York state medical  care  facilities
finance  agency  multiplied by the number of months from the date of the
last such payment with respect to  payments  under  any  such  agreement
required  to be made semi-annually, plus (ii) those amounts specified in
any such agreement with respect to payments required to  be  made  other
than  semi-annually,  including  for  variable rate bonds, interest rate
exchange or similar agreements or other financing arrangements permitted
by law.  [Prior to making any such payment, the comptroller  shall  make
and deliver to the director of the budget and the chairmen of the facil-
ities development corporation and the New York state medical care facil-
ities  finance  agency, a certificate stating the aggregate amount to be
maintained on deposit in the mental health services fund  to  comply  in
full  with  the  provisions  of this subdivision.] CONCURRENTLY WITH THE
MAKING OF ANY SUCH PAYMENT, THE FACILITIES DEVELOPMENT CORPORATION SHALL
DELIVER TO THE COMPTROLLER, THE DIRECTOR OF THE BUDGET AND THE NEW  YORK
STATE  MEDICAL  CARE FACILITIES FINANCE AGENCY A CERTIFICATE STATING THE
AGGREGATE AMOUNT TO BE  MAINTAINED  ON  DEPOSIT  IN  THE  MENTAL  HEALTH
SERVICES FUND TO COMPLY IN FULL WITH THE PROVISIONS OF THIS SUBDIVISION.
  8.  In addition to the amounts required to be maintained on deposit in
the mental health services fund pursuant to  subdivision  five  of  this
section  AND SUBJECT TO SUBDIVISION NINE OF THIS SECTION, the fund shall
maintain on deposit an amount equal to the debt service and  other  cash
requirements  on  mental  health  services  facilities  bonds  issued by
authorized issuers pursuant to sections sixty-eight-b  and  sixty-nine-n
of this chapter. The amount required to be maintained in such fund shall
be  (i)  twenty  percent  of  the  amount of the next payment coming due
relating to mental health services facilities bonds issued by an author-
ized issuer multiplied by the number of months from the date of the last
such payment with respect to payments required to be made semi-annually,
plus (ii) those amounts specified in any financing agreement between the
issuer and the state, acting through the director of  the  budget,  with
respect  to  payments  required  to  be  made  other than semi-annually,
including for variable rate bonds, interest  rate  exchange  or  similar
agreements  or  other financing arrangements permitted by law. [Prior to
making any such payment, the comptroller shall make and deliver  to  the
director  of  the  budget and the chairmen of the facilities development
corporation and the New York state medical care facilities finance agen-
cy, a certificate stating the  aggregate  amount  to  be  maintained  on
deposit  in  the  mental health services fund to comply in full with the
provisions of this subdivision.] CONCURRENTLY WITH  THE  MAKING  OF  ANY
SUCH  PAYMENT,  THE  FACILITIES DEVELOPMENT CORPORATION SHALL DELIVER TO
THE COMPTROLLER, THE DIRECTOR OF THE  BUDGET  AND  THE  NEW  YORK  STATE
MEDICAL  CARE FACILITIES FINANCE AGENCY A CERTIFICATE STATING THE AGGRE-
GATE AMOUNT TO BE MAINTAINED ON DEPOSIT IN THE  MENTAL  HEALTH  SERVICES
FUND TO COMPLY IN FULL WITH THE PROVISIONS OF THIS SUBDIVISION.
  No  later  than five days prior to the payment to be made by the state
comptroller on such mental health services facilities bonds pursuant  to

S. 1505                            50                            A. 2005

sections  ninety-two-z  and  ninety-two-h of this article, the amount of
such payment shall be transferred by  the  state  comptroller  from  the
mental  health services fund to the revenue bond tax fund established by
section ninety-two-z of this article AND THE SALES TAX REVENUE BOND FUND
ESTABLISHED BY SECTION NINETY-TWO-H OF THIS ARTICLE. The accumulation of
moneys  pursuant  to  this  subdivision  and  subsequent transfer to the
revenue bond tax fund AND THE SALES  TAX  REVENUE  BOND  FUND  shall  be
subordinate in all respects to payments to be made to the New York state
medical  care  facilities finance agency and to any pledge or assignment
pursuant to subdivision six of this section.
  9. IN DETERMINING THE AMOUNTS REQUIRED TO BE MAINTAINED IN THE  MENTAL
HEALTH  SERVICES  FUND UNDER SUBDIVISIONS FIVE AND EIGHT OF THIS SECTION
IN EACH MONTH, THE AMOUNT OF RECEIPTS ASSOCIATED WITH LOANS, LEASES  AND
OTHER  AGREEMENTS  WITH  VOLUNTARY AGENCIES ACCUMULATED AND SET ASIDE IN
THE MENTAL HYGIENE FACILITIES  IMPROVEMENT  FUND  INCOME  ACCOUNT  UNDER
PARAGRAPH  G  OF  SUBDIVISION  THREE  OF  SECTION NINE OF THE FACILITIES
DEVELOPMENT CORPORATION ACT SHALL BE TAKEN INTO ACCOUNT AS A CREDIT  BUT
ONLY  IF  SUCH  CREDITING  DOES NOT RESULT IN THE AMOUNTS REQUIRED TO BE
MAINTAINED IN THE MENTAL HEALTH SERVICES FUND EXCLUSIVE OF ANY CREDIT TO
BE LESS THAN THE AMOUNT REQUIRED UNDER SUBDIVISION FIVE OF THIS  SECTION
IN EACH MONTH.
  §  50.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2019; provided,
however, that the provisions of sections one, two,  three,  four,  five,
six,  seven,  eight,  thirteen,  fourteen,  fifteen, sixteen, seventeen,
eighteen, nineteen, twenty, twenty-two, twenty-three, and twenty-four of
this act shall expire March 31, 2020 when upon such date the  provisions
of such sections shall be deemed repealed.

                                 PART L

  Section  1.  Section  4 of chapter 22 of the laws of 2014, relating to
expanding  opportunities  for  service-disabled  veteran-owned  business
enterprises, is amended to read as follows:
  §  4.  This act shall take effect immediately; provided, however, that
sections one, one-a and two of this  act  shall  expire  and  be  deemed
repealed March 31, [2019] 2024; and provided, further, however, that the
amendments  to subdivisions 7 and 15 of section 310 of the executive law
made by section three of this act shall not  affect  the  expiration  of
such section and shall be deemed to expire therewith.
  §  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2019.

                                 PART M

  Section 1.  Subdivision 2 of section 87 of the  workers'  compensation
law,  as  added  by  section  20 of part GG of chapter 57 of the laws of
2013, is amended to read as follows:
  2. Any of the surplus funds belonging to the state insurance fund,  by
order  of the commissioners, approved by the superintendent of financial
services, may be invested (1) in the types of  securities  described  in
subdivisions one, two, three, four, five, six, eleven, twelve, twelve-a,
thirteen, fourteen, fifteen, nineteen, twenty, twenty-one, twenty-one-a,
twenty-four, twenty-four-a, twenty-four-b, twenty-four-c and twenty-five
of  section  two  hundred thirty-five of the banking law , OR (2) IN THE
TYPES OF OBLIGATIONS DESCRIBED IN PARAGRAPH TWO  OF  SUBSECTION  (A)  OF

S. 1505                            51                            A. 2005

SECTION  ONE THOUSAND FOUR HUNDRED FOUR OF THE INSURANCE LAW EXCEPT THAT
UP TO TWENTY-FIVE PERCENT OF SURPLUS FUNDS  MAY  BE  INVESTED  IN  OBLI-
GATIONS  RATED  INVESTMENT  GRADE  BY A NATIONALLY RECOGNIZED SECURITIES
RATING  ORGANIZATION, or[,] (3) up to fifty percent of surplus funds, in
the types of securities or investments described  in  paragraphs  [two,]
three,  eight  and  ten  of  subsection (a) of section one thousand four
hundred four of the insurance law, except that [up  to  ten  percent  of
surplus  funds  may  be  invested] INVESTMENTS in [the securities of any
solvent American institution as described in such  paragraphs]  DIVERSI-
FIED INDEX FUNDS AND ACCOUNTS MAY BE MADE irrespective of the rating [of
such  institution's  obligations] or other similar qualitative standards
[described therein, and] APPLICABLE UNDER SUCH PARAGRAPHS, OR (4) UP  TO
TEN  PERCENT OF SURPLUS FUNDS, IN THE TYPES OF SECURITIES OR INVESTMENTS
DESCRIBED IN PARAGRAPHS TWO, THREE AND TEN OF SUBSECTION (A) OF  SECTION
ONE  THOUSAND FOUR HUNDRED FOUR OF THE INSURANCE LAW IRRESPECTIVE OF THE
RATING OF SUCH INSTITUTION'S OBLIGATIONS OR  OTHER  SIMILAR  QUALITATIVE
STANDARD, OR (5) up to fifteen percent of surplus funds in securities or
investments  which  do  not  otherwise qualify for investment under this
section as shall be made with the care, prudence and diligence under the
circumstances then prevailing that a prudent person  acting  in  a  like
capacity  and  familiar with such matters would use in the conduct of an
enterprise of a like character and with like aims as  provided  for  the
state  insurance  fund  under  this  article,  but shall not include any
direct derivative instrument or derivative transaction except for  hedg-
ing  purposes.  Notwithstanding any other provision in this subdivision,
the aggregate amount that the state insurance fund  may  invest  in  the
types  of securities or investments described in paragraphs three, eight
and ten of subsection (a) of section one thousand four hundred  four  of
the  insurance  law  and  as  a prudent person acting in a like capacity
would invest as provided in this  subdivision  shall  not  exceed  fifty
percent of such surplus funds. FOR THE PURPOSES OF THIS SUBDIVISION, ANY
FUNDS  APPROPRIATED PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OR TWO
OF SECTION EIGHTY-SEVEN-F  OF  THIS  ARTICLE  SHALL  NOT  BE  CONSIDERED
SURPLUS FUNDS.
  § 2. This act shall take effect immediately.

                                 PART N

  Section  1.  Paragraph (a) of subdivision 5 of section 54 of the work-
ers' compensation law, as amended by chapter 469 of the laws of 2017, is
amended to read as follows:
  (a) Cancellation and termination of insurance contracts.  No  contract
of  insurance  issued  by an insurance carrier against liability arising
under this chapter shall be cancelled within the time  limited  in  such
contract  for  its expiration unless notice is given as required by this
section. When cancellation  is  due  to  non-payment  of  premiums  [and
assessments],  such  cancellation  shall not be effective until at least
ten days after a notice of cancellation of  such  contract,  on  a  date
specified  in such notice, shall be filed in the office of the chair and
also served on the employer. When cancellation  is  due  to  any  reason
other  than  non-payment  of premiums and assessments, such cancellation
shall not be effective until at least thirty  days  after  a  notice  of
cancellation of such contract, on a date specified in such notice, shall
be  filed  in  the  office of the chair and also served on the employer;
provided, however, in either case, that  if  the  employer  has  secured
insurance  with  another insurance carrier which becomes effective prior

S. 1505                            52                            A. 2005

to the expiration of the time stated in such  notice,  the  cancellation
shall  be  effective  as  of the date of such other coverage. No insurer
shall refuse to renew any  policy  insuring  against  liability  arising
under  this  chapter unless at least thirty days prior to its expiration
notice of intention not to renew has been filed in  the  office  of  the
chair and also served on the employer.
  Such  notice  shall be served on the employer by delivering it to him,
her or it or by sending it by mail, by certified or  registered  letter,
return  receipt  requested, addressed to the employer at his, her or its
last known place of business; provided that, if the employer be a  part-
nership, then such notice may be so given to any of one of the partners,
and if the employer be a corporation then the notice may be given to any
agent  or  officer  of  the  corporation  upon whom legal process may be
served; and further provided that an employer may designate  any  person
or  entity  at  any  address to receive such notice including the desig-
nation of one person or entity to receive notice on behalf  of  multiple
entities  insured  under one insurance policy and that service of notice
at the address so designated upon the person or entity so designated  by
delivery  or  by mail, by certified or registered letter, return receipt
requested,  shall  satisfy  the  notice  requirement  of  this  section.
[Provided, however, the] THE right to cancellation of a policy of insur-
ance  in  the state INSURANCE fund, HOWEVER, shall be exercised only for
non-payment of premiums and assessments, OR FAILURE BY THE  EMPLOYER  TO
COOPERATE WITH A PAYROLL AUDIT, or as provided in section ninety-four of
this  chapter.  THE  STATE  INSURANCE  FUND  MAY CANCEL A POLICY FOR THE
EMPLOYER'S FAILURE TO COOPERATE WITH A PAYROLL  AUDIT  IF  THE  EMPLOYER
FAILS  (I) EITHER TO MAKE OR KEEP AN APPOINTMENT DURING REGULAR BUSINESS
HOURS WITH A PAYROLL AUDITOR, AFTER THE STATE INSURANCE FUND HAS MADE AT
LEAST TWO ATTEMPTS TO ARRANGE AN APPOINTMENT  INCLUDING  CONTACTING  THE
EMPLOYER'S  BROKER  OR  ACCOUNTANT,  IF ANY, OR (II) TO FURNISH BUSINESS
RECORDS IN THE COURSE  OF  A  PAYROLL  AUDIT  AS  REQUIRED  PURSUANT  TO
SECTIONS  NINETY-FIVE  AND  ONE  HUNDRED  THIRTY-ONE OF THIS CHAPTER. AT
LEAST FIFTEEN DAYS IN ADVANCE OF SENDING A NOTICE  OF  CANCELLATION  FOR
FAILURE  TO  COOPERATE  WITH  A  PAYROLL AUDIT, THE STATE INSURANCE FUND
SHALL SEND A WARNING NOTICE TO  THE  EMPLOYER  IN  THE  SAME  MANNER  AS
PROVIDED  IN THIS SUBDIVISION FOR SERVING A NOTICE OF CANCELLATION. SUCH
NOTICE SHALL SPECIFY A MEANS OF CONTACTING THE SATE  INSURANCE  FUND  TO
SET  UP  AN AUDIT APPOINTMENT. THE STATE INSURANCE FUND WILL BE REQUIRED
TO PROVIDE ONLY ONE SUCH WARNING NOTICE TO AN EMPLOYER  RELATED  TO  ANY
PARTICULAR PAYROLL AUDIT PRIOR TO CANCELLATION.
  The  provisions  of  this  subdivision shall not apply with respect to
policies containing coverage pursuant to subsection (j) of section three
thousand four hundred twenty of the  insurance  law  relating  to  every
policy  providing  comprehensive  personal liability insurance on a one,
two, three or four family owner-occupied dwelling.
  In the event such cancellation or termination notice is not filed with
the chair within the required time period,  the  chair  shall  impose  a
penalty  in  the  amount  of up to five hundred dollars for each ten-day
period the insurance carrier or state insurance fund failed to file  the
notification. All penalties collected pursuant to this subdivision shall
be deposited in the uninsured employers' fund.
  §  2.  Section  93  of  the  workers'  compensation law, as amended by
section 24 of part GG of chapter 57 of the laws of 2013, is  amended  to
read as follows:
  §  93.  Collection of premium in case of default. a. If a policyholder
shall default in any payment required to be made by [him]  SUCH  POLICY-

S. 1505                            53                            A. 2005

HOLDER  to  the  state  insurance fund OR SHALL FAIL TO COOPERATE WITH A
PAYROLL AUDIT AS SPECIFIED IN SUBDIVISION FIVE OF SECTION FIFTY-FOUR  OF
THIS  CHAPTER,  after due notice, [his] SUCH POLICYHOLDER'S insurance in
the  state INSURANCE fund may be cancelled and the amount due from [him]
SUCH POLICYHOLDER shall be collected by  civil  action  brought  against
[him]  SUCH  POLICYHOLDER in any county wherein the state insurance fund
maintains an office in the name of the commissioners of the state insur-
ance fund and the same, when collected, shall be  paid  into  the  state
insurance  fund,  and such policyholder's compliance with the provisions
of this chapter requiring payments to be made  to  the  state  insurance
fund  shall date from the time of the payment of said money to the state
insurance fund.
  b. An employer, whose policy of insurance has been  cancelled  by  the
state insurance fund for non-payment of premium, OR FAILURE TO COOPERATE
WITH  A PAYROLL AUDIT, and assessments or [withdraws] CANCELLED pursuant
to section ninety-four of this article, is ineligible to contract for  a
subsequent  policy  of  insurance  with the state insurance fund [while]
UNTIL THE STATE INSURANCE  FUND  RECEIVES  FULL  COOPERATION  FROM  SUCH
EMPLOYER IN COMPLETING ANY PAYROLL AUDIT ON THE CANCELLED POLICY AND the
billed  premium  on  the cancelled policy [remains uncollected] IS PAID,
INCLUDING ANY ADDITIONAL AMOUNTS BILLED FOLLOWING THE COMPLETION OF  ANY
PAYROLL AUDIT.
  c. The state insurance fund shall not be required to write a policy of
insurance  for any employer which is owned or controlled or the majority
interest of which is owned or controlled, directly or indirectly, by any
person  who  directly  or  indirectly  owns  or  controls  or  owned  or
controlled  at  the time of cancellation an employer whose former policy
of insurance with the state insurance fund was cancelled for non-payment
of premium [and assessments], OR FOR FAILURE TO COOPERATE WITH A PAYROLL
AUDIT, or [withdraws] CANCELLED pursuant to section ninety-four of  this
article,  or  who  is  or was at the time of cancellation the president,
vice-president, secretary or treasurer of such  an  employer  until  THE
STATE  INSURANCE  FUND  RECEIVES  FULL COOPERATION FROM SUCH EMPLOYER IN
COMPLETING ANY PAYROLL AUDIT AND the billed  premium  on  the  cancelled
policy  is  paid,  INCLUDING ANY ADDITIONAL AMOUNTS BILLED FOLLOWING THE
COMPLETION OF ANY PAYROLL AUDIT.
  For purposes of this subdivision, "person" [shall include individuals,
partnerships, corporations, and other associations] MEANS  ANY  INDIVID-
UAL, FIRM, COMPANY, PARTNERSHIP, CORPORATION, LIMITED LIABILITY COMPANY,
JOINT  VENTURE, JOINT-STOCK ASSOCIATION, ASSOCIATION, TRUST OR ANY OTHER
LEGAL ENTITY WHATSOEVER.
  D. FOR THE PURPOSES OF THIS SECTION, THE WORD "PREMIUM"  INCLUDES  ALL
AMOUNTS  REQUIRED  TO  BE PAID TO THE STATE INSURANCE FUND INCLUDING ANY
ASSESSMENT BY THE WORKERS' COMPENSATION BOARD THAT THE  STATE  INSURANCE
FUND BILLS TO AN EMPLOYER.
  §  3. Section 95 of the workers' compensation law, as amended by chap-
ter 135 of the laws of 1998, is amended to read as follows:
  § 95. Record and audit of payrolls.  (1) Every employer who is insured
in the state insurance fund shall keep a true and accurate record of the
number of [his] ITS employees,  THE  CLASSIFICATION  OF  ITS  EMPLOYEES,
INFORMATION  REGARDING  EMPLOYEE  ACCIDENTS  and the wages paid by [him]
SUCH EMPLOYER, AS WELL AS SUCH RECORDS RELATING TO ANY PERSON PERFORMING
SERVICES UNDER A SUBCONTRACT WITH SUCH EMPLOYER WHO IS NOT COVERED UNDER
THE SUBCONTRACTOR'S OWN  WORKERS'  COMPENSATION  INSURANCE  POLICY,  and
shall  furnish, upon demand, a sworn statement of the same.  Such record
AND ANY  OTHER  RECORDS  OF  AN  EMPLOYER  CONTAINING  SUCH  INFORMATION

S. 1505                            54                            A. 2005

PERTAINING  TO  ANY  POLICY  PERIOD  INCLUDING,  BUT NOT LIMITED TO, ANY
PAYROLL BOOK, PAYROLL AND DISTRIBUTION RECORDS, CASH BOOK,  CHECK  BOOK,
BANK  ACCOUNT  STATEMENTS, COMMISSION RECORDS, LEDGERS, JOURNALS, REGIS-
TERS,  VOUCHERS,  CONTRACTS,  TAX  RETURNS  AND  REPORTS,  AND  COMPUTER
PROGRAMS FOR RETRIEVING DATA, CERTIFICATES OF  INSURANCE  PERTAINING  TO
SUBCONTRACTORS  AND ANY OTHER BUSINESS RECORDS SPECIFIED BY THE RULES OF
THE BOARD shall be open to inspection BY THE STATE INSURANCE FUND at any
time and as often as may be necessary to verify the number of  employees
[and],  the  amount  of the payroll, THE CLASSIFICATION OF EMPLOYEES AND
INFORMATION REGARDING EMPLOYEE ACCIDENTS.  Any employer who  shall  fail
to  keep [such] ANY record REQUIRED IN THIS SECTION, who shall willfully
fail to furnish such record or who  shall  willfully  falsify  any  such
record[,]  shall be guilty of a misdemeanor AND SUBJECT TO A FINE OF NOT
LESS THAN FIVE THOUSAND DOLLARS NOR MORE THAN TEN  THOUSAND  DOLLARS  IN
ADDITION  TO  ANY OTHER PENALTIES OTHERWISE PROVIDED BY LAW, EXCEPT THAT
ANY SUCH EMPLOYER THAT HAS PREVIOUSLY BEEN SUBJECT TO CRIMINAL PENALTIES
UNDER THIS SECTION WITHIN THE PRIOR TEN YEARS SHALL BE GUILTY OF A CLASS
E FELONY, AND SUBJECT TO A FINE OF NOT LESS THAN  TEN  THOUSAND  DOLLARS
NOR  MORE THAN TWENTY-FIVE THOUSAND DOLLARS IN ADDITION TO ANY PENALTIES
OTHERWISE PROVIDED BY LAW.
  (2) Employers subject to [subdivision] SUBSECTION (e) of  section  two
thousand  three hundred four of the insurance law and subdivision two of
section eighty-nine of this article  shall  keep  a  true  and  accurate
record  of  hours  worked for all construction classification employees.
The willful failure to keep such record, or the knowing falsification of
any such record, may be prosecuted as insurance fraud in accordance with
the provisions of section 176.05 of the penal law.
  § 4. Subdivision 1 of section 131 of the workers' compensation law, as
amended by chapter 6 of the laws of 2007, is amended to read as follows:
  (1) Every employer subject to the provisions  of  this  chapter  shall
keep  a  true  and  accurate  record  of  the number of [his or her] ITS
employees, the classification of ITS  employees,  information  regarding
employee  accidents and the wages paid by [him or her] SUCH EMPLOYER for
a period of four years after each entry therein, [which] AS WELL AS SUCH
RECORDS RELATING TO ANY PERSON PERFORMING SERVICES UNDER  A  SUBCONTRACT
OF SUCH EMPLOYER THAT IS NOT COVERED UNDER THE SUBCONTRACTOR'S OWN WORK-
ERS'  COMPENSATION  INSURANCE  POLICY.  SUCH  records  shall  be open to
inspection at any time, and as often as may be necessary to  verify  the
same by investigators of the board, by the authorized auditors, account-
ants  or inspectors of the carrier with whom the employer is insured, or
by the authorized auditors, accountants or inspectors  of  any  workers'
compensation  insurance  rating  board  or  bureau  operating  under the
authority of the insurance law and of which board or bureau such carrier
is a member or the group trust of which the employer is  a  member.  Any
and  all  records required by law to be kept by such employer upon which
the employer makes or files a return concerning wages paid to  employees
AND  ANY  OTHER  RECORDS  OF  AN  EMPLOYER  CONTAINING  SUCH INFORMATION
PERTAINING TO ANY POLICY PERIOD  INCLUDING,  BUT  NOT  LIMITED  TO,  ANY
PAYROLL  BOOK,  PAYROLL AND DISTRIBUTION RECORDS, CASH BOOK, CHECK BOOK,
BANK ACCOUNT STATEMENTS, COMMISSION RECORDS, LEDGERS,  JOURNALS,  REGIS-
TERS,  VOUCHERS,  CONTRACTS,  TAX  RETURNS  AND  REPORTS,  AND  COMPUTER
PROGRAMS FOR RETRIEVING DATA, CERTIFICATES OF  INSURANCE  PERTAINING  TO
SUBCONTRACTORS  AND ANY OTHER BUSINESS RECORDS SPECIFIED BY THE RULES OF
THE BOARD shall form part of the records described in this  section  and
shall  be  open  to  inspection  in  the same manner as provided in this
section. Any employer who shall fail to keep  such  records,  who  shall

S. 1505                            55                            A. 2005

willfully fail to furnish such record as required in this section or who
shall  falsify  any  such  records, shall be guilty of a misdemeanor and
subject to a fine of not less than  five  nor  more  than  ten  thousand
dollars  in  addition  to any other penalties otherwise provided by law,
except that any such employer that has previously been subject to crimi-
nal penalties under this section within the prior  ten  years  shall  be
guilty  of  a class E felony, and subject to a fine of not less than ten
nor more than twenty-five thousand dollars in addition to any  penalties
otherwise provided by law.
  §  5.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall be applicable to policies issued or  renewed
after such date.

                                 PART O

  Section  1. Section 2 of chapter 887 of the laws of 1983, amending the
correction law relating to the psychological testing of  candidates,  as
amended  by  section  1  of part A of chapter 55 of the laws of 2017, is
amended to read as follows:
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall remain in effect until September 1,
[2019] 2021.
  § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
tive law and the  criminal  procedure  law  relating  to  expanding  the
geographic  area of employment of certain police officers, as amended by
section 2 of part A of chapter 55 of the laws of  2017,  is  amended  to
read as follows:
  §  3.  This  act  shall  take effect on the first day of November next
succeeding the date on which it shall  have  become  a  law,  and  shall
remain  in effect until the first day of September, [2019] 2021, when it
shall expire and be deemed repealed.
  § 3. Section 3 of chapter 886  of  the  laws  of  1972,  amending  the
correction  law  and  the  penal  law  relating to prisoner furloughs in
certain cases and the crime  of  absconding  therefrom,  as  amended  by
section  3  of  part  A of chapter 55 of the laws of 2017, is amended to
read as follows:
  § 3. This act shall take effect 60 days after it shall have  become  a
law and shall remain in effect until September 1, [2019] 2021.
  §  4. Section 20 of chapter 261 of the laws of 1987, amending chapters
50, 53 and 54 of the laws of 1987, the correction law, the penal law and
other chapters and laws relating to correctional facilities, as  amended
by  section 4 of part A of chapter 55 of the laws of 2017, is amended to
read as follows:
  § 20. This act shall take effect immediately except that section thir-
teen of this act shall expire and be of no further force  or  effect  on
and  after  September  1,  [2019]  2021  and  shall not apply to persons
committed to the custody of the department after such date, and provided
further that the commissioner of corrections and  community  supervision
shall  report  each January first and July first during such time as the
earned eligibility program is in effect, to the chairmen of  the  senate
crime  victims, crime and correction committee, the senate codes commit-
tee, the assembly correction committee, and the assembly  codes  commit-
tee,  the  standards  in  effect for earned eligibility during the prior
six-month period, the number of inmates subject  to  the  provisions  of
earned  eligibility,  the  number  who actually received certificates of
earned eligibility during that period of time,  the  number  of  inmates

S. 1505                            56                            A. 2005

with  certificates who are granted parole upon their first consideration
for parole, the number with certificates  who  are  denied  parole  upon
their  first  consideration,  and  the number of individuals granted and
denied parole who did not have earned eligibility certificates.
  § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
amending  the tax law and other laws relating to taxes, surcharges, fees
and funding, as amended by section 5 of part A of chapter 55 of the laws
of 2017, is amended to read as follows:
  (q) the provisions of section two  hundred  eighty-four  of  this  act
shall  remain in effect until September 1, [2019] 2021 and be applicable
to all persons entering the program on or before August 31, [2019] 2021.
  § 6. Section 10 of chapter 339 of  the  laws  of  1972,  amending  the
correction  law  and  the  penal  law  relating  to inmate work release,
furlough and leave, as amended by section 6 of part A of chapter  55  of
the laws of 2017, is amended to read as follows:
  §  10. This act shall take effect 30 days after it shall have become a
law and shall remain in effect  until  September  1,  [2019]  2021,  and
provided  further  that  the commissioner of correctional services shall
report each January first, and July first, to the chairman of the senate
crime victims, crime and correction committee, the senate codes  commit-
tee,  the  assembly correction committee, and the assembly codes commit-
tee, the number of eligible inmates in each facility under  the  custody
and  control  of  the commissioner who have applied for participation in
any program offered under the provisions of work release,  furlough,  or
leave, and the number of such inmates who have been approved for partic-
ipation.
  §  7.  Subdivision (c) of section 46 of chapter 60 of the laws of 1994
relating to certain provisions which impact upon expenditure of  certain
appropriations made by chapter 50 of the laws of 1994 enacting the state
operations  budget,  as  amended by section 7 of part A of chapter 55 of
the laws of 2017, is amended to read as follows:
  (c) sections forty-one and forty-two of this act shall expire  Septem-
ber  1,  [2019] 2021; provided, that the provisions of section forty-two
of this act shall apply to inmates entering the work release program  on
or after such effective date; and
  §  8.  Subdivision  h  of section 74 of chapter 3 of the laws of 1995,
amending the correction law and other laws relating to the incarceration
fee, as amended by section 8 of part A of chapter  55  of  the  laws  of
2017, is amended to read as follows:
  h.  Section fifty-two of this act shall be deemed to have been in full
force and effect on and after April 1, 1995; provided, however, that the
provisions of section 189 of the correction law, as amended  by  section
fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
as  amended by section fifty-six of this act, and section fifty-seven of
this act shall expire September 1, [2019] 2021, when upon such date  the
amendments  to  the correction law and penal law made by sections fifty-
five and fifty-six of this act shall revert to and be  read  as  if  the
provisions  of  this  act  had not been enacted; provided, however, that
sections sixty-two, sixty-three and sixty-four  of  this  act  shall  be
deemed  to have been in full force and effect on and after March 1, 1995
and shall be deemed repealed April  1,  1996  and  upon  such  date  the
provisions  of  subsection  (e) of section 9110 of the insurance law and
subdivision 2 of section 89-d of the state finance law shall  revert  to
and  be  read  as  set  out in law on the date immediately preceding the
effective date of sections sixty-two and sixty-three of this act;

S. 1505                            57                            A. 2005

  § 9. Subdivision (c) of section 49 of subpart A of part C  of  chapter
62 of the laws of 2011 amending the correction law and the executive law
relating to merging the department of correctional services and division
of  parole into the department of corrections and community supervision,
as  amended by section 9 of part A of chapter 55 of the laws of 2017, is
amended to read as follows:
  (c) that the amendments  to  subdivision  9  of  section  201  of  the
correction  law  as added by section thirty-two of this act shall remain
in effect until September 1, [2019] 2021, when it shall  expire  and  be
deemed repealed;
  §  10.  Subdivision  (aa)  of section 427 of chapter 55 of the laws of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees and funding, as amended by section 10 of part A of  chapter  55  of
the laws of 2017, is amended to read as follows:
  (aa)  the  provisions  of  sections  three  hundred  eighty-two, three
hundred eighty-three and three hundred eighty-four  of  this  act  shall
expire on September 1, [2019] 2021;
  §  11.  Section  12  of  chapter 907 of the laws of 1984, amending the
correction law, the New York city criminal court act and  the  executive
law  relating  to  prison and jail housing and alternatives to detention
and incarceration programs, as amended by section 11 of part A of  chap-
ter 55 of the laws of 2017, is amended to read as follows:
  §  12.  This  act  shall  take  effect  immediately,  except  that the
provisions of sections one through ten of this act shall remain in  full
force  and  effect  until  September  1, [2019] 2020 on which date those
provisions shall be deemed to be repealed.
  § 12. Subdivision (p) of section 406 of chapter 166  of  the  laws  of
1991,  amending the tax law and other laws relating to taxes, as amended
by section 12 of part A of chapter 55 of the laws of 2017, is amended to
read as follows:
  (p) The amendments to section 1809 of the vehicle and traffic law made
by sections three hundred thirty-seven and three hundred thirty-eight of
this act shall not apply to any offense committed prior to  such  effec-
tive  date;  provided,  further, that section three hundred forty-one of
this act shall take effect immediately and shall expire November 1, 1993
at which time it  shall  be  deemed  repealed;  sections  three  hundred
forty-five  and  three  hundred  forty-six of this act shall take effect
July 1, 1991; sections three hundred fifty-five,  three  hundred  fifty-
six,  three hundred fifty-seven and three hundred fifty-nine of this act
shall take effect immediately and shall expire June 30, 1995  and  shall
revert to and be read as if this act had not been enacted; section three
hundred  fifty-eight of this act shall take effect immediately and shall
expire June 30, 1998 and shall revert to and be read as if this act  had
not been enacted; section three hundred sixty-four through three hundred
sixty-seven  of  this  act  shall apply to claims filed on or after such
effective date; sections three hundred sixty-nine, three hundred  seven-
ty-two,  three  hundred seventy-three, three hundred seventy-four, three
hundred seventy-five and three hundred seventy-six  of  this  act  shall
remain  in  effect  until  September  1, [2019] 2021, at which time they
shall  be  deemed  repealed;  provided,  however,  that  the   mandatory
surcharge  provided  in  section  three hundred seventy-four of this act
shall apply to parking violations occurring on or after  said  effective
date;  and  provided  further that the amendments made to section 235 of
the vehicle and traffic law by section three hundred seventy-two of this
act, the amendments made to section 1809 of the vehicle and traffic  law
by sections three hundred thirty-seven and three hundred thirty-eight of

S. 1505                            58                            A. 2005

this  act  and  the amendments made to section 215-a of the labor law by
section three hundred seventy-five of this act shall expire on September
1, [2019] 2021 and upon such date the provisions  of  such  subdivisions
and  sections  shall  revert to and be read as if the provisions of this
act had not been enacted; the amendments to  subdivisions  2  and  3  of
section  400.05 of the penal law made by sections three hundred seventy-
seven and three hundred seventy-eight of this act shall expire  on  July
1,  1992  and  upon  such date the provisions of such subdivisions shall
revert and shall be read as if the provisions of this act had  not  been
enacted;  the  state board of law examiners shall take such action as is
necessary to assure that all applicants for examination for admission to
practice as an attorney and counsellor at law shall  pay  the  increased
examination fee provided for by the amendment made to section 465 of the
judiciary  law by section three hundred eighty of this act for any exam-
ination given on or after the effective date of this act notwithstanding
that an applicant for such examination may have prepaid a lesser fee for
such examination as required by the provisions of such section 465 as of
the date prior to the effective date of  this  act;  the  provisions  of
section  306-a  of  the civil practice law and rules as added by section
three hundred eighty-one of this act shall apply to all actions  pending
on  or  commenced on or after September 1, 1991, provided, however, that
for the purposes of this section service of such summons made  prior  to
such  date  shall be deemed to have been completed on September 1, 1991;
the provisions of section three hundred eighty-three of this  act  shall
apply  to  all  money  deposited  in  connection  with  a cash bail or a
partially secured bail bond on or after such  effective  date;  and  the
provisions  of  sections  three  hundred  eighty-four  and three hundred
eighty-five of this act shall  apply  only  to  jury  service  commenced
during  a judicial term beginning on or after the effective date of this
act; provided, however, that nothing contained herein shall be deemed to
affect the application,  qualification,  expiration  or  repeal  of  any
provision  of law amended by any section of this act and such provisions
shall be applied or qualified or shall expire or be deemed  repealed  in
the same manner, to the same extent and on the same date as the case may
be as otherwise provided by law;
  § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
amended  by  section  13 of part A of chapter 55 of the laws of 2017, is
amended to read as follows:
  8. The provisions of this section shall only apply to offenses commit-
ted on or before September first, two thousand [nineteen] TWENTY-ONE.
  § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
cle and traffic law relating to the ignition interlock  device  program,
as amended by section 14 of part A of chapter 55 of the laws of 2017, is
amended to read as follows:
  §  6.  This  act  shall  take  effect  on  the first day of April next
succeeding the date on which it  shall  have  become  a  law;  provided,
however,  that  effective immediately, the addition, amendment or repeal
of any rule or regulation necessary for the implementation of the  fore-
going  sections  of  this  act on their effective date is authorized and
directed to be made and completed on or before such effective  date  and
shall  remain in full force and effect until the first day of September,
[2019] 2021 when upon such date the provisions  of  this  act  shall  be
deemed repealed.
  § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
laws of 1997, amending the military law and other laws relating to vari-

S. 1505                            59                            A. 2005

ous  provisions, as amended by section 15 of part A of chapter 55 of the
laws of 2017, is amended to read as follows:
  a.  sections  forty-three  through forty-five of this act shall expire
and be deemed repealed on September 1, [2019] 2021;
  § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
the civil practice law and rules and the court of claims act relating to
prisoner litigation reform, as amended by section 16 of part A of  chap-
ter 55 of the laws of 2017, is amended to read as follows:
  §  4. This act shall take effect 120 days after it shall have become a
law and shall remain in full force and effect until September 1,  [2019]
2021, when upon such date it shall expire.
  §  17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
constituting the family protection and  domestic  violence  intervention
act  of  1994,  as  amended by section 17 of part A of chapter 55 of the
laws of 2017, is amended to read as follows:
  2. Subdivision 4 of section 140.10 of the criminal  procedure  law  as
added  by  section  thirty-two  of this act shall take effect January 1,
1996 and shall expire and be deemed  repealed  on  September  1,  [2019]
2021.
  § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
inal  procedure law relating to the use of closed-circuit television and
other protective measures for certain child  witnesses,  as  amended  by
section  18  of  part A of chapter 55 of the laws of 2017, is amended to
read as follows:
  § 5. This act shall take effect immediately and  shall  apply  to  all
criminal  actions  and proceedings commenced prior to the effective date
of this act but still pending on such  date  as  well  as  all  criminal
actions  and  proceedings  commenced on or after such effective date and
its provisions shall expire on  September 1, [2019] 2021, when upon such
date the provisions of this act shall be deemed repealed.
  § 19. Subdivision d of section 74 of chapter 3 of the  laws  of  1995,
enacting  the sentencing reform act of 1995, as amended by section 19 of
part A of chapter 55 of the laws of 2017, is amended to read as follows:
  d. Sections one-a through twenty,  twenty-four  through  twenty-eight,
thirty  through  thirty-nine, forty-two and forty-four of this act shall
be deemed repealed on September 1, [2019] 2021;
  § 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
nal procedure law relating to electronic  court  appearance  in  certain
counties,  as  amended by section 20 of part A of chapter 55 of the laws
of 2017, is amended to read as follows:
  §  2.  This  act  shall  take  effect  immediately,  except  that  the
provisions  of  this  act shall be deemed to have been in full force and
effect since July 1, 1992 and the provisions of this  act  shall  expire
September  1, [2019] 2021 when upon such date the provisions of this act
shall be deemed repealed.
  § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
utive law relating to enacting the interstate compact for adult offender
supervision, as amended by section 21 of part A of  chapter  55  of  the
laws of 2017, is amended to read as follows:
  §  3.  This act shall take effect immediately, except that section one
of this act shall take effect on the first of  January  next  succeeding
the date on which it shall have become a law, and shall remain in effect
until  the  first  of  September,  [2019] 2021, upon which date this act
shall be deemed repealed and have no further force and effect;  provided
that  section one of this act shall only take effect with respect to any
compacting state  which  has  enacted  an  interstate  compact  entitled

S. 1505                            60                            A. 2005

"Interstate  compact for adult offender supervision" and having an iden-
tical effect to that added by section  one  of  this  act  and  provided
further  that with respect to any such compacting state, upon the effec-
tive date of section one of this act, section 259-m of the executive law
is  hereby  deemed  REPEALED and section 259-mm of the executive law, as
added by section one of  this  act,  shall  take  effect;  and  provided
further  that  with respect to any state which has not enacted an inter-
state compact entitled "Interstate compact  for  adult  offender  super-
vision"  and  having an identical effect to that added by section one of
this act, section 259-m of the executive law shall take effect  and  the
provisions  of  section one of this act, with respect to any such state,
shall have no force or effect until such time as such state shall  adopt
an  interstate  compact  entitled "Interstate compact for adult offender
supervision" and having an identical effect to that added by section one
of this act in which case, with respect to such state,  effective  imme-
diately,  section  259-m  of  the  executive  law is deemed repealed and
section 259-mm of the executive law, as added by  section  one  of  this
act, shall take effect.
  §  22. Section 8 of part H of chapter 56 of the laws of 2009, amending
the correction law relating to limiting the closing of  certain  correc-
tional  facilities,  providing  for  the  custody  by  the department of
correctional services of inmates serving definite  sentences,  providing
for  custody  of  federal prisoners and requiring the closing of certain
correctional facilities, as amended by section 22 of part A  of  chapter
55 of the laws of 2017, is amended to read as follows:
  §  8.  This  act shall take effect immediately; provided, however that
sections five and six of this act shall expire and  be  deemed  repealed
September 1, [2019] 2021.
  §  23. Section 3 of part C of chapter 152 of the laws of 2001 amending
the military law relating to military funds of the organized militia, as
amended by section 3 of part O of chapter 55 of the  laws  of  2018,  is
amended to read as follows:
  § 3. This act shall take effect immediately; provided however that the
amendments  made  to subdivision 1 of section 221 of the military law by
section two of this act shall expire and be deemed repealed September 1,
[2019] 2021.
  § 24. Section 5 of chapter 554 of  the  laws  of  1986,  amending  the
correction  law  and  the  penal law relating to providing for community
treatment facilities and establishing the crime of absconding  from  the
community  treatment  facility,  as  amended  by section 24 of part A of
chapter 55 of the laws of 2017, is amended to read as follows:
  § 5. This act shall take effect immediately and shall remain  in  full
force  and  effect  until September 1, [2019] 2021, and provided further
that the commissioner of correctional services shall report each January
first and July first during such time as this legislation is in  effect,
to  the  chairmen  of  the  senate  crime  victims, crime and correction
committee, the senate codes committee, the assembly  correction  commit-
tee, and the assembly codes committee, the number of individuals who are
released to community treatment facilities during the previous six-month
period,  including  the  total number for each date at each facility who
are not residing within the facility, but who are required to report  to
the facility on a daily or less frequent basis.
  §  25. Section 2 of part F of chapter 55 of the laws of 2018, amending
the criminal procedure law relating to pre-criminal  proceeding  settle-
ments in the city of New York, is amended to read as follows:

S. 1505                            61                            A. 2005

  §  2.  This act shall take effect immediately and shall remain in full
force and effect until March 31, [2019] 2021, when it shall  expire  and
be deemed repealed.
  §  26.  This  act shall take effect immediately, provided however that
section twenty-five of this act shall be deemed to  have  been  in  full
force and effect on and after March 31, 2019.

                                 PART P

  Section  1.  Paragraph  (f)  of  subdivision 3 of section 30.10 of the
criminal procedure law, as separately amended by chapters 3 and  320  of
the laws of 2006, is amended to read as follows:
  (f)  For  purposes  of  a  prosecution  involving  a sexual offense as
defined in article one hundred thirty of the penal  law,  other  than  a
sexual  offense  delineated  in paragraph (a) of subdivision two of this
section, committed against a child less  than  eighteen  years  of  age,
incest  in  the  first,  second  or  third degree as defined in sections
255.27, 255.26 and 255.25 of the penal law  committed  against  a  child
less  than eighteen years of age, or use of a child in a sexual perform-
ance as defined in section 263.05 of the penal law, the period of  limi-
tation  shall  not  begin  to run until the child has reached the age of
[eighteen] TWENTY-THREE or the offense is reported to a law  enforcement
agency  or  statewide  central register of child abuse and maltreatment,
whichever occurs earlier.
  § 2. The opening paragraph of section 208 of the  civil  practice  law
and  rules  is  designated  subdivision (a) and a new subdivision (b) is
added to read as follows:
  (B) NOTWITHSTANDING ANY PROVISION OF LAW WHICH  IMPOSES  A  PERIOD  OF
LIMITATION  TO  THE CONTRARY, WITH RESPECT TO ALL CIVIL CLAIMS OR CAUSES
OF ACTION BROUGHT BY ANY PERSON FOR  PHYSICAL,  PSYCHOLOGICAL  OR  OTHER
INJURY OR CONDITION SUFFERED BY SUCH PERSON AS A RESULT OF CONDUCT WHICH
WOULD  CONSTITUTE  A  SEXUAL  OFFENSE  AS DEFINED IN ARTICLE ONE HUNDRED
THIRTY OF THE PENAL LAW COMMITTED AGAINST SUCH PERSON WHO WAS LESS  THAN
EIGHTEEN  YEARS  OF  AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR
255.25 OF THE PENAL LAW COMMITTED AGAINST SUCH PERSON WHO WAS LESS  THAN
EIGHTEEN YEARS OF AGE, OR THE USE OF SUCH PERSON IN A SEXUAL PERFORMANCE
AS  DEFINED IN SECTION 263.05 OF THE PENAL LAW, OR A PREDECESSOR STATUTE
THAT PROHIBITED SUCH CONDUCT AT THE TIME OF THE ACT, WHICH  CONDUCT  WAS
COMMITTED  AGAINST  SUCH PERSON WHO WAS LESS THAN EIGHTEEN YEARS OF AGE,
SUCH ACTION MAY BE COMMENCED, AGAINST ANY  PARTY  WHOSE  INTENTIONAL  OR
NEGLIGENT  ACTS OR OMISSIONS ARE ALLEGED TO HAVE RESULTED IN THE COMMIS-
SION OF SAID CONDUCT, ON OR BEFORE THE  PLAINTIFF  OR  INFANT  PLAINTIFF
REACHES THE AGE OF FIFTY YEARS. IN ANY SUCH CLAIM OR ACTION, IN ADDITION
TO  ANY  OTHER  DEFENSE AND AFFIRMATIVE DEFENSE THAT MAY BE AVAILABLE IN
ACCORDANCE WITH LAW, RULE OR THE COMMON LAW, TO THE EXTENT THAT THE ACTS
ALLEGED IN SUCH ACTION ARE OF THE TYPE DESCRIBED IN SUBDIVISION  ONE  OF
SECTION  130.30 OF THE PENAL LAW OR SUBDIVISION ONE OF SECTION 130.45 OF
THE PENAL LAW, THE AFFIRMATIVE DEFENSES SET FORTH, RESPECTIVELY, IN  THE
CLOSING PARAGRAPH OF SUCH SECTION OF THE PENAL LAW SHALL APPLY.
  §  3.  The  civil  practice  law  and rules is amended by adding a new
section 214-g to read as follows:
  §  214-G.  CERTAIN  CHILD  SEXUAL  ABUSE  CASES.  NOTWITHSTANDING  ANY
PROVISION  OF  LAW WHICH IMPOSES A PERIOD OF LIMITATION TO THE CONTRARY,
EVERY CIVIL CLAIM OR CAUSE OF ACTION BROUGHT AGAINST ANY PARTY  ALLEGING
INTENTIONAL  OR  NEGLIGENT  ACTS  OR OMISSIONS BY A PERSON FOR PHYSICAL,
PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION  SUFFERED  AS  A  RESULT  OF

S. 1505                            62                            A. 2005

CONDUCT  WHICH  WOULD  CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE
ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS  THAN
EIGHTEEN  YEARS  OF  AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR
255.25  OF  THE  PENAL  LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL PERFORMANCE  AS  DEFINED
IN  SECTION  263.05  OF  THE  PENAL  LAW,  OR A PREDECESSOR STATUTE THAT
PROHIBITED SUCH CONDUCT AT THE  TIME  OF  THE  ACT,  WHICH  CONDUCT  WAS
COMMITTED  AGAINST  A  CHILD  LESS  THAN EIGHTEEN YEARS OF AGE, WHICH IS
BARRED AS OF THE EFFECTIVE DATE OF THIS SECTION BECAUSE  THE  APPLICABLE
PERIOD  OF  LIMITATION HAS EXPIRED IS HEREBY REVIVED, AND ACTION THEREON
MAY BE COMMENCED NOT EARLIER THAN SIX MONTHS AFTER, AND NOT  LATER  THAN
ONE YEAR AND SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION. IN ANY
SUCH  CLAIM  OR ACTION, IN ADDITION TO ANY OTHER DEFENSE AND AFFIRMATIVE
DEFENSE THAT MAY BE AVAILABLE IN ACCORDANCE WITH LAW, RULE OR THE COMMON
LAW, TO THE EXTENT THAT THE ACTS ALLEGED IN SUCH ACTION ARE OF THE  TYPE
DESCRIBED  IN  SUBDIVISION  ONE  OF  SECTION  130.30 OF THE PENAL LAW OR
SUBDIVISION ONE OF SECTION 130.45 OF  THE  PENAL  LAW,  THE  AFFIRMATIVE
DEFENSES  SET  FORTH,  RESPECTIVELY,  IN  THE  CLOSING PARAGRAPH OF SUCH
SECTION OF THE PENAL LAW SHALL APPLY.
  § 4. Subdivision (a) of rule 3403 of the civil practice law and  rules
is amended by adding a new paragraph 7 to read as follows:
  7.  ANY  ACTION WHICH HAS BEEN REVIVED PURSUANT TO SECTION TWO HUNDRED
FOURTEEN-G OF THIS CHAPTER.
  § 5. Subdivision 8 of section 50-e of the general  municipal  law,  as
amended  by  chapter  24  of  the  laws  of  1988, is amended to read as
follows:
  8. Inapplicability of section. (A) This section  shall  not  apply  to
claims  arising  under  the provisions of the workers' compensation law,
the volunteer firefighters' benefit  law,  or  the  volunteer  ambulance
workers'  benefit  law or to claims against public corporations by their
own infant wards.
  (B) THIS SECTION SHALL NOT APPLY  TO  ANY  CLAIM  MADE  FOR  PHYSICAL,
PSYCHOLOGICAL,  OR  OTHER  INJURY  OR  CONDITION SUFFERED AS A RESULT OF
CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS  DEFINED  IN  ARTICLE
ONE  HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN
EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN SECTION  255.27,  255.26  OR
255.25  OF  THE  PENAL  LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL PERFORMANCE  AS  DEFINED
IN  SECTION  263.05 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN
EIGHTEEN YEARS OF AGE.
  § 6. Section 50-i of the general municipal law is amended by adding  a
new subdivision 5 to read as follows:
  5.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
SHALL NOT APPLY TO ANY CLAIM MADE AGAINST A CITY, COUNTY, TOWN, VILLAGE,
FIRE DISTRICT OR SCHOOL DISTRICT FOR PHYSICAL, PSYCHOLOGICAL,  OR  OTHER
INJURY  OR CONDITION SUFFERED AS A RESULT OF CONDUCT WHICH WOULD CONSTI-
TUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED  THIRTY  OF  THE
PENAL  LAW  COMMITTED  AGAINST  A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
INCEST AS DEFINED IN SECTION 255.27, 255.26 OR 255.25 OF THE  PENAL  LAW
COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF
A  CHILD  IN  A  SEXUAL  PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE
PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
  § 7. Section 10 of the court of claims act is amended by adding a  new
subdivision 10 to read as follows:
  10. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
SHALL NOT APPLY TO ANY CLAIM TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOG-

S. 1505                            63                            A. 2005

ICAL, OR OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT WHICH
WOULD  CONSTITUTE  A  SEXUAL  OFFENSE  AS DEFINED IN ARTICLE ONE HUNDRED
THIRTY OF THE PENAL LAW COMMITTED AGAINST A  CHILD  LESS  THAN  EIGHTEEN
YEARS  OF  AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR 255.25 OF
THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
OR THE USE OF A CHILD IN A SEXUAL  PERFORMANCE  AS  DEFINED  IN  SECTION
263.05  OF  THE  PENAL  LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
YEARS OF AGE.
  § 8. Subdivision 2 of section 3813 of the education law, as amended by
chapter 346 of the laws of 1978, is amended to read as follows:
  2. Notwithstanding anything to the contrary hereinbefore contained  in
this section, no action or special proceeding founded upon tort shall be
prosecuted  or  maintained  against  any  of  the  parties named in this
section or against any teacher or member of the supervisory or  adminis-
trative  staff  or employee where the alleged tort was committed by such
teacher or member or employee acting in  the  discharge  of  his  duties
within  the  scope  of  his employment and/or under the direction of the
board of education, trustee or trustees, or governing body of the school
unless a notice of claim shall have been made and served  in  compliance
with  section  fifty-e  of the general municipal law.  Every such action
shall be commenced pursuant to the provisions of section fifty-i of  the
general  municipal  law;  PROVIDED, HOWEVER, THAT THIS SECTION SHALL NOT
APPLY TO ANY CLAIM TO RECOVER DAMAGES FOR  PHYSICAL,  PSYCHOLOGICAL,  OR
OTHER  INJURY  OR  CONDITION SUFFERED AS A RESULT OF CONDUCT WHICH WOULD
CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY  OF
THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
INCEST  AS  DEFINED IN SECTION 255.27, 255.26 OR 255.25 OF THE PENAL LAW
COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF
A CHILD IN A SEXUAL PERFORMANCE AS DEFINED  IN  SECTION  263.05  OF  THE
PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
  §  9.  Section  219-c of the judiciary law, as added by chapter 506 of
the laws of 2011, is amended to read as follows:
  § 219-c. Crimes involving sexual  assault  AND  THE  SEXUAL  ABUSE  OF
MINORS;  judicial  training.  The  office  of court administration shall
provide training for judges and justices with respect to crimes  involv-
ing sexual assault, AND THE SEXUAL ABUSE OF MINORS.
  §  10.  The  judiciary law is amended by adding a new section 219-d to
read as follows:
  § 219-D. RULES REVIVING CERTAIN ACTIONS; SEXUAL OFFENSES AGAINST CHIL-
DREN.  THE CHIEF ADMINISTRATOR OF THE COURTS SHALL PROMULGATE RULES  FOR
THE  TIMELY  ADJUDICATION OF REVIVED ACTIONS BROUGHT PURSUANT TO SECTION
TWO HUNDRED FOURTEEN-G OF THE CIVIL PRACTICE LAW AND RULES.
  § 11. The provisions of this  act  shall  be  severable,  and  if  any
clause,  sentence,  paragraph,  subdivision or part of this act shall be
adjudged by any court of competent  jurisdiction  to  be  invalid,  such
judgment  shall not affect, impair, or invalidate the remainder thereof,
but shall be confined in its operation to the  clause,  sentence,  para-
graph,  subdivision or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
  § 12. This act shall take effect immediately; except that section nine
of this act shall take effect six  months  after  this  act  shall  have
become  a law; provided, however, that training for cases brought pursu-
ant to section 214-g of the civil practice law and rules,  as  added  by
section  three  of  this act, shall commence three months after this act
shall have become a law; and section ten of this act shall  take  effect
three months after this act shall have become a law.

S. 1505                            64                            A. 2005

                                 PART Q

  Section  1.  Paragraph  (a)  of subdivision 1 of section 125.25 of the
penal law, as amended by chapter 791 of the laws of 1967, is amended  to
read as follows:
  (a)  The  defendant  acted  under  the  influence of extreme emotional
disturbance for which there was a reasonable explanation or excuse,  the
reasonableness  of  which  is  to  be determined from the viewpoint of a
person in the defendant's  situation  under  the  circumstances  as  the
defendant  believed  them to be. FOR PURPOSES OF DETERMINING WHETHER THE
DEFENDANT ACTED UNDER THE INFLUENCE OF  EXTREME  EMOTIONAL  DISTURBANCE,
THE  EXPLANATION OR EXCUSE FOR SUCH EXTREME EMOTIONAL DISTURBANCE IS NOT
REASONABLE IF IT RESULTED FROM THE DISCOVERY  OF,  KNOWLEDGE  ABOUT,  OR
POTENTIAL  DISCLOSURE OF THE VICTIM'S ACTUAL OR PERCEIVED GENDER, GENDER
IDENTITY, GENDER EXPRESSION, OR  SEXUAL  ORIENTATION.  NOTHING  IN  THIS
PARAGRAPH SHALL PRECLUDE THE JURY FROM CONSIDERING ALL RELEVANT FACTS TO
DETERMINE THE DEFENDANT'S ACTUAL BELIEF. Nothing contained in this para-
graph  shall  constitute  a  defense to a prosecution for, or preclude a
conviction of, manslaughter in the first degree or any other crime; or
  § 2. This act shall take effect immediately.

                                 PART R

  Section 1. Section 60.42 of the criminal procedure law,  as  added  by
chapter  230 of the laws of 1975 and subdivision 3 as amended by chapter
264 of the laws of 2003, is amended to read as follows:
§ 60.42 Rules of evidence; admissibility of evidence of victim's  sexual
          conduct in sex offense cases.
  Evidence  of  a  victim's  sexual conduct shall not be admissible in a
prosecution for an offense or an attempt to commit an offense defined in
article one hundred thirty OR IN SECTION 230.34 of the penal law  unless
such evidence:
  1.  proves  or tends to prove specific instances of the victim's prior
sexual conduct with the accused; or
  2. [proves or tends to prove that the victim has been convicted of  an
offense  under  section 230.00 of the penal law within three years prior
to the sex offense which is the subject of the prosecution; or
  3.] rebuts evidence introduced by the people of the  victim's  failure
to  engage  in  sexual  intercourse,  oral  sexual  conduct, anal sexual
conduct or sexual contact during a given period of time; or
  [4.] 3. rebuts evidence introduced by the people which proves or tends
to prove that the accused is the cause of pregnancy or  disease  of  the
victim, or the source of semen found in the victim; or
  [5.]  4.  is  determined  by  the court after an offer of proof by the
accused outside the hearing of the jury, or such hearing  as  the  court
may require, and a statement by the court of its findings of fact essen-
tial  to  its determination, to be relevant and admissible in the inter-
ests of justice.
  § 2. This act shall take effect immediately.

                                 PART S

  Section 1. The penal law is amended by adding a new section 245.15  to
read as follows:
§ 245.15 UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE.

S. 1505                            65                            A. 2005

  1.  A  PERSON IS GUILTY OF UNLAWFUL DISSEMINATION OR PUBLICATION OF AN
INTIMATE IMAGE WHEN:
  (A)  WITH INTENT TO CAUSE MATERIAL HARM TO THE EMOTIONAL, FINANCIAL OR
PHYSICAL WELFARE OF ANOTHER PERSON, HE OR SHE INTENTIONALLY DISSEMINATES
OR PUBLISHES A STILL OR VIDEO IMAGE OF SUCH OTHER PERSON, WHO  IS  IDEN-
TIFIABLE  FROM  THE  STILL  OR  VIDEO  IMAGE  ITSELF OR FROM INFORMATION
DISPLAYED IN CONNECTION WITH THE STILL  OR  VIDEO  IMAGE,  WITHOUT  SUCH
OTHER PERSON'S CONSENT, WHICH DEPICTS:
  (I) AN UNCLOTHED OR EXPOSED INTIMATE PART OF SUCH OTHER PERSON; OR
  (II) SUCH OTHER PERSON ENGAGING IN SEXUAL CONDUCT AS DEFINED IN SUBDI-
VISION TEN OF SECTION 130.00 OF THIS CHAPTER WITH ANOTHER PERSON; AND
  (B)  SUCH  STILL OR VIDEO IMAGE WAS TAKEN UNDER CIRCUMSTANCES WHEN THE
PERSON DEPICTED HAD A REASONABLE EXPECTATION OF PRIVACY  AND  THE  ACTOR
KNEW  OR  REASONABLY  SHOULD HAVE KNOWN THE PERSON DEPICTED INTENDED FOR
THE STILL OR VIDEO IMAGE TO REMAIN PRIVATE INDEFINITELY,  REGARDLESS  OF
WHETHER THE ACTOR WAS PRESENT WHEN THE STILL OR VIDEO IMAGE WAS TAKEN.
  2.  FOR PURPOSES OF THIS SECTION "INTIMATE PART" MEANS THE NAKED GENI-
TALS, PUBIC AREA, ANUS OR FEMALE NIPPLE OF THE PERSON.
  2-A. FOR PURPOSES OF THIS SECTION "DISSEMINATE"  AND  "PUBLISH"  SHALL
HAVE THE SAME MEANING AS DEFINED IN SECTION 250.40 OF THIS TITLE.
  3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
  (A) THE REPORTING OF UNLAWFUL CONDUCT;
  (B)  DISSEMINATION  OR  PUBLICATION  OF  AN INTIMATE IMAGE MADE DURING
LAWFUL AND COMMON PRACTICES OF LAW  ENFORCEMENT,  LEGAL  PROCEEDINGS  OR
MEDICAL TREATMENT;
  (C) IMAGES INVOLVING VOLUNTARY EXPOSURE IN A COMMERCIAL SETTING;
  (D)  DISSEMINATION  OR  PUBLICATION  OF  AN  INTIMATE IMAGE MADE FOR A
LEGITIMATE PUBLIC PURPOSE;
  (E) PROVIDERS OF AN INTERACTIVE COMPUTER SERVICE FOR  IMAGES  PROVIDED
BY  ANOTHER  PERSON.    FOR  PURPOSES  OF THIS SUBDIVISION, "INTERACTIVE
COMPUTER SERVICE" SHALL MEAN: ANY INFORMATION SERVICE, SYSTEM OR  ACCESS
SOFTWARE  PROVIDER  THAT PROVIDES OR ENABLES COMPUTER ACCESS BY MULTIPLE
USERS TO A COMPUTER SERVER, INCLUDING SPECIFICALLY A SERVICE  OR  SYSTEM
THAT  PROVIDES  ACCESS  TO  THE  INTERNET  AND  SUCH SYSTEMS OPERATED OR
SERVICES OFFERED BY LIBRARIES OR EDUCATIONAL INSTITUTIONS.
  UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE IS A  CLASS
A MISDEMEANOR.
  §  2.  The opening paragraph of subdivision 1 of section 530.11 of the
criminal procedure law, as amended by section 4 of part NN of chapter 55
of the laws of 2018, is amended to read as follows:
  The family court and the criminal courts shall have concurrent  juris-
diction  over  any  proceeding  concerning  acts  which would constitute
disorderly conduct, UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE
IMAGE, harassment in the first degree, harassment in the second  degree,
aggravated  harassment in the second degree, sexual misconduct, forcible
touching, sexual abuse in the third degree, sexual abuse in  the  second
degree  as  set  forth in subdivision one of section 130.60 of the penal
law, stalking in the first degree, stalking in the second degree, stalk-
ing in the  third  degree,  stalking  in  the  fourth  degree,  criminal
mischief,  menacing  in the second degree, menacing in the third degree,
reckless endangerment, strangulation in the first degree,  strangulation
in  the second degree, criminal obstruction of breathing or blood circu-
lation, assault in the second degree, assault in the  third  degree,  an
attempted assault, identity theft in the first degree, identity theft in
the  second degree, identity theft in the third degree, grand larceny in
the fourth degree, grand larceny in the third degree,  coercion  in  the

S. 1505                            66                            A. 2005

second  degree  or coercion in the third degree as set forth in subdivi-
sions one, two and three of section 135.60  of  the  penal  law  between
spouses  or  former  spouses,  or  between  parent  and child or between
members  of  the  same family or household except that if the respondent
would not be criminally responsible by reason of age pursuant to section
30.00 of the penal law, then  the  family  court  shall  have  exclusive
jurisdiction  over  such  proceeding.  Notwithstanding  a  complainant's
election to proceed in family court, the criminal  court  shall  not  be
divested of jurisdiction to hear a family offense proceeding pursuant to
this  section.  For  purposes  of  this  section,  "disorderly  conduct"
includes disorderly conduct not in a public place.  For purposes of this
section, "members of the same family or household"  with  respect  to  a
proceeding in the criminal courts shall mean the following:
  §  3.  The  opening  paragraph  of subdivision 1 of section 812 of the
family court act, as amended by section 5 of part NN of  chapter  55  of
the laws of 2018, is amended to read as follows:
  The  family court and the criminal courts shall have concurrent juris-
diction over any  proceeding  concerning  acts  which  would  constitute
disorderly conduct, UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE
IMAGE,  harassment in the first degree, harassment in the second degree,
aggravated harassment in the second degree, sexual misconduct,  forcible
touching,  sexual  abuse in the third degree, sexual abuse in the second
degree as set forth in subdivision one of section 130.60  of  the  penal
law, stalking in the first degree, stalking in the second degree, stalk-
ing  in  the  third  degree,  stalking  in  the  fourth degree, criminal
mischief, menacing in the second degree, menacing in the  third  degree,
reckless endangerment, criminal obstruction of breathing or blood circu-
lation,  strangulation  in the second degree, strangulation in the first
degree, assault in the second degree, assault in the  third  degree,  an
attempted assault, identity theft in the first degree, identity theft in
the  second degree, identity theft in the third degree, grand larceny in
the fourth degree, grand larceny in the third degree,  coercion  in  the
second  degree  or coercion in the third degree as set forth in subdivi-
sions one, two and three of section 135.60  of  the  penal  law  between
spouses  or  former  spouses,  or  between  parent  and child or between
members of the same family or household except that  if  the  respondent
would not be criminally responsible by reason of age pursuant to section
30.00  of  the  penal  law,  then  the family court shall have exclusive
jurisdiction  over  such  proceeding.  Notwithstanding  a  complainant's
election  to  proceed  in  family court, the criminal court shall not be
divested of jurisdiction to hear a family offense proceeding pursuant to
this section. In any proceeding pursuant to this article, a court  shall
not  deny  an  order of protection, or dismiss a petition, solely on the
basis that the acts or events alleged are not relatively contemporaneous
with the date of the petition, the conclusion of the fact-finding or the
conclusion of the dispositional hearing. For purposes of  this  article,
"disorderly  conduct" includes disorderly conduct not in a public place.
For purposes of this article, "members of the same family or  household"
shall mean the following:
  §  4.  The civil rights law is amended by adding a new section 52-b to
read as follows:
  § 52-B. PRIVATE RIGHT OF ACTION FOR UNLAWFUL DISSEMINATION OR PUBLICA-
TION OF AN INTIMATE IMAGE. 1. A. ANY WEBSITE OR INTERNET SERVICE PROVID-
ER THAT HOSTS OR TRANSMITS A STILL OR  VIDEO  IMAGE,  VIEWABLE  IN  THIS
STATE, TAKEN UNDER CIRCUMSTANCES WHERE THE PERSON DEPICTED HAD A REASON-
ABLE EXPECTATION OF PRIVACY, WHICH DEPICTS:

S. 1505                            67                            A. 2005

  (I)  AN  UNCLOTHED  OR  EXPOSED  INTIMATE  PART, AS DEFINED IN SECTION
245.15 OF THE PENAL LAW, OF A RESIDENT OF THIS STATE; OR
  (II) A RESIDENT OF THIS STATE ENGAGING IN SEXUAL CONDUCT AS DEFINED IN
SUBDIVISION  TEN OF SECTION 130.00 OF THE PENAL LAW WITH ANOTHER PERSON;
AND
  B. SUCH STILL OR VIDEO IMAGE IS  HOSTED  OR  TRANSMITTED  WITHOUT  THE
CONSENT  OF  SUCH  RESIDENT  OF THIS STATE, SHALL BE SUBJECT TO PERSONAL
JURISDICTION IN A CIVIL ACTION IN  THIS  STATE  TO  THE  MAXIMUM  EXTENT
PERMITTED UNDER THE UNITED STATES CONSTITUTION AND FEDERAL LAW.
  2.  REGARDLESS OF WHETHER OR NOT THE ORIGINAL STILL OR VIDEO IMAGE WAS
CONSENSUALLY OBTAINED, A PERSON DEPICTED IN A STILL OR VIDEO IMAGE SHALL
HAVE A CAUSE OF ACTION AGAINST AN INDIVIDUAL WHO,  FOR  THE  PURPOSE  OF
HARASSING,  ANNOYING OR ALARMING SUCH PERSON, DISSEMINATED OR PUBLISHED,
OR THREATENED TO DISSEMINATE OR PUBLISH,  SUCH  STILL  OR  VIDEO  IMAGE,
WHERE SUCH IMAGE:
  A. WAS TAKEN WHEN SUCH PERSON HAD A REASONABLE EXPECTATION OF PRIVACY;
AND
  B.  DEPICTS  (I) AN UNCLOTHED OR EXPOSED INTIMATE PART OF SUCH PERSON;
OR (II) SUCH PERSON ENGAGING IN SEXUAL CONDUCT, AS DEFINED  IN  SUBDIVI-
SION TEN OF SECTION 130.00 OF THE PENAL LAW, WITH ANOTHER PERSON; AND
  C.  WAS DISSEMINATED OR PUBLISHED, OR THREATENED TO BE DISSEMINATED OR
PUBLISHED, WITHOUT THE CONSENT OF SUCH PERSON.
  3. IN ANY  ACTION  COMMENCED  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS
SECTION,  THE  FINDER  OF  FACT, IN ITS DISCRETION, MAY AWARD INJUNCTIVE
RELIEF, PUNITIVE DAMAGES,  COMPENSATORY  DAMAGES  AND  REASONABLE  COURT
COSTS AND ATTORNEY'S FEES.
  4. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
  A. THE REPORTING OF UNLAWFUL CONDUCT;
  B.  DISSEMINATION  OR  PUBLICATION OF AN INTIMATE STILL OR VIDEO IMAGE
MADE DURING LAWFUL  AND  COMMON  PRACTICES  OF  LAW  ENFORCEMENT,  LEGAL
PROCEEDINGS OR MEDICAL TREATMENT;
  C. IMAGES INVOLVING VOLUNTARY EXPOSURE IN A COMMERCIAL SETTING; OR
  D.  DISSEMINATION  OR  PUBLICATION OF AN INTIMATE STILL OR VIDEO IMAGE
MADE FOR A LEGITIMATE PUBLIC PURPOSE.
  5. ANY PERSON DEPICTED IN A STILL  OR  VIDEO  IMAGE  THAT  DEPICTS  AN
UNCLOTHED OR EXPOSED INTIMATE PART OF SUCH PERSON, OR SUCH PERSON ENGAG-
ING IN SEXUAL CONDUCT AS DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF
THE  PENAL  LAW  WITH ANOTHER PERSON, WHICH IS DISSEMINATED OR PUBLISHED
WITHOUT THE CONSENT OF SUCH PERSON AND WHERE SUCH PERSON HAD  A  REASON-
ABLE  EXPECTATION OF PRIVACY, MAY MAINTAIN AN ACTION OR SPECIAL PROCEED-
ING FOR A COURT ORDER TO REQUIRE ANY WEBSITE OR INTERNET SERVICE PROVID-
ER THAT IS SUBJECT TO PERSONAL JURISDICTION  UNDER  SUBDIVISION  ONE  OF
THIS SECTION TO PERMANENTLY REMOVE SUCH STILL OR VIDEO IMAGE.
  6. A CAUSE OF ACTION OR SPECIAL PROCEEDING UNDER THIS SECTION SHALL BE
COMMENCED THE LATER OF EITHER:
  A. THREE YEARS AFTER THE DISSEMINATION OR PUBLICATION OF AN IMAGE; OR
  B.  ONE  YEAR  FROM  THE DATE A PERSON DISCOVERS, OR REASONABLY SHOULD
HAVE DISCOVERED, THE DISSEMINATION OR PUBLICATION OF SUCH IMAGE.
  7. NOTHING HEREIN SHALL BE READ TO REQUIRE A PRIOR CRIMINAL COMPLAINT,
PROSECUTION OR CONVICTION TO ESTABLISH THE  ELEMENTS  OF  THE  CAUSE  OF
ACTION PROVIDED FOR BY THIS SECTION.
  8.  THE  PROVISIONS  OF THIS SECTION ARE IN ADDITION TO, BUT SHALL NOT
SUPERSEDE, ANY OTHER RIGHTS OR REMEDIES AVAILABLE IN LAW OR EQUITY.
  9. IF ANY PROVISION OF THIS SECTION OR ITS APPLICATION TO  ANY  PERSON
OR  CIRCUMSTANCE  IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER
PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH  CAN  BE  GIVEN  EFFECT

S. 1505                            68                            A. 2005

WITHOUT  THE  INVALID  PROVISION  OR  APPLICATION,  AND  TO THIS END THE
PROVISIONS OF THIS SECTION ARE SEVERABLE.
  §  5.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

                                 PART T

  Section 1. Paragraph (a) of subdivision 2  of  section  30.10  of  the
criminal  procedure  law, as amended by chapter 467 of the laws of 2008,
is amended to read as follows:
  (a) A prosecution for a class A felony, or rape in the first degree as
defined in section 130.35 of the penal law, OR RAPE IN THE SECOND DEGREE
AS DEFINED IN SECTION 130.30 OF THE PENAL LAW,  OR  RAPE  IN  THE  THIRD
DEGREE AS DEFINED IN SECTION 130.25 OF THE PENAL LAW, or a crime defined
or  formerly  defined  in section 130.50 of the penal law, or aggravated
sexual abuse in the first degree as defined in  section  130.70  of  the
penal  law,  or  course  of  sexual conduct against a child in the first
degree as defined in section 130.75 of the penal law may be commenced at
any time;
  § 2. This act shall take effect immediately.

                                 PART U

  Section 1. Section 60.12 of the penal law, as added by  chapter  1  of
the laws of 1998, is amended to read as follows:
§ 60.12 Authorized disposition; alternative [indeterminate] sentence [of
          imprisonment]; domestic violence cases.
  1. Notwithstanding any other provision of law, where a court is impos-
ing  sentence  UPON  A  PERSON  pursuant to section 70.00, 70.02 [upon a
conviction  for  an  offense  enumerated  in  subdivision  one  of  such
section],  70.06  OR  SUBDIVISION  TWO OR THREE OF SECTION 70.71 OF THIS
TITLE, other than FOR an offense defined in [article one hundred  thirty
of  this  chapter]  SECTION  125.26, 125.27, SUBDIVISION FIVE OF SECTION
125.25, OR ARTICLE 490 OF THIS CHAPTER, OR FOR AN  OFFENSE  WHICH  WOULD
REQUIRE  SUCH  PERSON  TO REGISTER AS A SEX OFFENDER PURSUANT TO ARTICLE
SIX-C OF THE CORRECTION LAW, AN ATTEMPT OR CONSPIRACY TO COMMIT ANY SUCH
OFFENSE, and is  authorized  or  required  pursuant  to  [such  section]
SECTIONS  70.00,  70.02,  70.06  OR  SUBDIVISION TWO OR THREE OF SECTION
70.71 OF THIS TITLE to impose a [determinate] sentence  of  imprisonment
[for  such offense], the court, upon a determination following a hearing
that (a) AT THE TIME OF THE INSTANT OFFENSE, the defendant was  [the]  A
victim of DOMESTIC VIOLENCE SUBJECTED TO SUBSTANTIAL physical, sexual or
psychological  abuse [by the victim or intended victim of such offense,]
INFLICTED BY A MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS  THE  DEFENDANT
AS  SUCH  TERM  IS  DEFINED  IN SUBDIVISION ONE OF SECTION 530.11 OF THE
CRIMINAL PROCEDURE LAW; (b) such abuse was  a  SIGNIFICANT  CONTRIBUTING
factor  [in  causing  the  defendant to commit such offense and]  TO THE
DEFENDANT'S CRIMINAL BEHAVIOR; (c) [the victim  or  intended  victim  of
such offense was a member of the same family or household as the defend-
ant  as such term is defined in subdivision one of section 530.11 of the
criminal procedure law,  may,  in  lieu  of  imposing  such  determinate
sentence  of imprisonment, impose an indeterminate sentence of imprison-
ment in accordance with subdivisions two and  three  of  this  section.]
HAVING  REGARD  FOR  THE  NATURE  AND CIRCUMSTANCES OF THE CRIME AND THE
HISTORY, CHARACTER AND CONDITION OF THE DEFENDANT, THAT  A  SENTENCE  OF
IMPRISONMENT  PURSUANT  TO  SECTION  70.00, 70.02 OR 70.06 OF THIS TITLE

S. 1505                            69                            A. 2005

WOULD BE UNDULY HARSH MAY INSTEAD IMPOSE A SENTENCE IN  ACCORDANCE  WITH
THIS SECTION.
  A  COURT  MAY  DETERMINE  THAT  SUCH  ABUSE  CONSTITUTES A SIGNIFICANT
CONTRIBUTING FACTOR  PURSUANT  TO  PARAGRAPH  (B)  OF  THIS  SUBDIVISION
REGARDLESS OF WHETHER THE DEFENDANT RAISED A DEFENSE PURSUANT TO ARTICLE
THIRTY-FIVE, ARTICLE FORTY, OR SUBDIVISION ONE OF SECTION 125.25 OF THIS
CHAPTER.
  AT  THE HEARING TO DETERMINE WHETHER THE DEFENDANT SHOULD BE SENTENCED
PURSUANT TO THIS SECTION, THE COURT  SHALL  CONSIDER  ORAL  AND  WRITTEN
ARGUMENTS,  TAKE  TESTIMONY  FROM WITNESSES OFFERED BY EITHER PARTY, AND
CONSIDER RELEVANT EVIDENCE TO ASSIST IN MAKING ITS DETERMINATION.  RELI-
ABLE HEARSAY SHALL BE ADMISSIBLE AT SUCH HEARINGS.
  2.  [The maximum term of an indeterminate sentence imposed pursuant to
subdivision one of this section must be fixed by the court as  follows:]
WHERE  A COURT WOULD OTHERWISE BE REQUIRED TO IMPOSE A SENTENCE PURSUANT
TO SECTION 70.02 OF THIS TITLE, THE COURT MAY IMPOSE A DEFINITE SENTENCE
OF IMPRISONMENT OF ONE YEAR OR LESS, OR PROBATION IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 65.00 OF THIS TITLE, OR MAY FIX A DETERMINATE TERM
OF IMPRISONMENT AS FOLLOWS:
  (a) For a class B felony, the term must be at least  [six  years]  ONE
YEAR and must not exceed [twenty-five] FIVE years;
  (b) For a class C felony, the term must be at least [four and one-half
years] ONE YEAR and must not exceed [fifteen] THREE AND ONE-HALF years;
  (c)  For a class D felony, the term must be at least [three years] ONE
YEAR and must not exceed [seven] TWO years; and
  (d) For a class E felony, the term must be [at least three years]  ONE
YEAR and must not exceed [four] ONE AND ONE-HALF years.
  3. [The minimum period of imprisonment under an indeterminate sentence
imposed pursuant to subdivision one of this section must be fixed by the
court  at  one-half of the maximum term imposed and must be specified in
the sentence] WHERE A COURT WOULD OTHERWISE  BE  REQUIRED  TO  IMPOSE  A
SENTENCE  FOR A CLASS A FELONY OFFENSE PURSUANT TO SECTION 70.00 OF THIS
TITLE, THE COURT MAY FIX A DETERMINATE TERM OF IMPRISONMENT OF AT  LEAST
FIVE YEARS AND NOT TO EXCEED FIFTEEN YEARS.
  4.  WHERE A COURT WOULD OTHERWISE BE REQUIRED TO IMPOSE A SENTENCE FOR
A CLASS A FELONY OFFENSE PURSUANT TO SUBPARAGRAPH (I) OF  PARAGRAPH  (B)
OF  SUBDIVISION  TWO OF SECTION 70.71 OF THIS TITLE, THE COURT MAY FIX A
DETERMINATE TERM OF IMPRISONMENT OF AT  LEAST  FIVE  YEARS  AND  NOT  TO
EXCEED EIGHT YEARS.
  5.  WHERE A COURT WOULD OTHERWISE BE REQUIRED TO IMPOSE A SENTENCE FOR
A CLASS A FELONY OFFENSE PURSUANT TO SUBPARAGRAPH (I) OF  PARAGRAPH  (B)
OF SUBDIVISION THREE OF SECTION 70.71 OF THIS TITLE, THE COURT MAY FIX A
DETERMINATE  TERM  OF  IMPRISONMENT  OF  AT  LEAST FIVE YEARS AND NOT TO
EXCEED TWELVE YEARS.
  6. WHERE A COURT WOULD OTHERWISE BE REQUIRED TO IMPOSE A SENTENCE  FOR
A  CLASS A FELONY OFFENSE PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (B)
OF SUBDIVISION TWO OF SECTION 70.71 OF THIS TITLE, THE COURT MAY  FIX  A
DETERMINATE  TERM OF IMPRISONMENT OF AT LEAST ONE YEAR AND NOT TO EXCEED
THREE YEARS.
  7. WHERE A COURT WOULD OTHERWISE BE REQUIRED TO IMPOSE A SENTENCE  FOR
A  CLASS A FELONY OFFENSE PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (B)
OF SUBDIVISION THREE OF SECTION 70.71 OF THIS TITLE, THE COURT MAY FIX A
DETERMINATE TERM OF IMPRISONMENT OF AT LEAST  THREE  YEARS  AND  NOT  TO
EXCEED SIX YEARS.

S. 1505                            70                            A. 2005

  8.  WHERE  A  COURT  WOULD  OTHERWISE BE REQUIRED TO IMPOSE A SENTENCE
PURSUANT TO SUBDIVISION SIX OF SECTION 70.06 OF THIS  TITLE,  THE  COURT
MAY FIX A TERM OF IMPRISONMENT AS FOLLOWS:
  (A)  FOR  A  CLASS B FELONY, THE TERM MUST BE AT LEAST THREE YEARS AND
MUST NOT EXCEED EIGHT YEARS;
  (B) FOR A CLASS C FELONY, THE TERM MUST BE AT LEAST TWO  AND  ONE-HALF
YEARS AND MUST NOT EXCEED FIVE YEARS;
  (C) FOR A CLASS D FELONY, THE TERM MUST BE AT LEAST TWO YEARS AND MUST
NOT EXCEED THREE YEARS;
  (D)  FOR  A CLASS E FELONY, THE TERM MUST BE AT LEAST ONE AND ONE-HALF
YEARS AND MUST NOT EXCEED TWO YEARS.
  9. WHERE A COURT WOULD OTHERWISE BE REQUIRED TO IMPOSE A SENTENCE  FOR
A  CLASS  B,  C, D OR E FELONY OFFENSE PURSUANT TO SECTION 70.00 OF THIS
TITLE, THE COURT MAY IMPOSE A SENTENCE IN ACCORDANCE WITH THE PROVISIONS
OF SUBDIVISION TWO OF SECTION 70.70 OF THIS TITLE.
  10. EXCEPT AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION,  WHERE  A
COURT  WOULD  OTHERWISE  BE  REQUIRED  TO  IMPOSE A SENTENCE PURSUANT TO
SUBDIVISION THREE OF SECTION 70.06 OF THIS TITLE, THE COURT MAY IMPOSE A
SENTENCE IN ACCORDANCE WITH  THE  PROVISIONS  OF  SUBDIVISION  THREE  OF
SECTION 70.70 OF THIS TITLE.
  11.  WHERE  A  COURT  WOULD OTHERWISE BE REQUIRED TO IMPOSE A SENTENCE
PURSUANT TO SUBDIVISION THREE OF SECTION 70.06 OF THIS TITLE, WHERE  THE
PRIOR  FELONY  CONVICTION  WAS  FOR  A FELONY OFFENSE DEFINED IN SECTION
70.02 OF THIS TITLE, THE COURT MAY IMPOSE A SENTENCE IN ACCORDANCE  WITH
THE PROVISIONS OF SUBDIVISION FOUR OF SECTION 70.70 OF THIS TITLE.
  §  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 70.45 of the penal law, as amended by chapter 7 of the  laws  of
2007, are amended to read as follows:
  (a)  such  period shall be one year whenever a determinate sentence of
imprisonment is imposed pursuant to subdivision two of section 70.70  of
this  article  OR SUBDIVISION NINE OF SECTION 60.12 OF THIS TITLE upon a
conviction of a class D or class E felony offense;
  (b) such period shall be not less than one  year  nor  more  than  two
years  whenever a determinate sentence of imprisonment is imposed pursu-
ant to subdivision two of section 70.70 of this article  OR  SUBDIVISION
NINE  OF  SECTION  60.12 OF THIS TITLE upon a conviction of a class B or
class C felony offense;
  (c) such period shall be not less than one  year  nor  more  than  two
years  whenever a determinate sentence of imprisonment is imposed pursu-
ant to subdivision three or four of section 70.70 of this  article  upon
conviction  of a class D or class E felony offense OR SUBDIVISION TEN OF
SECTION 60.12 OF THIS TITLE;
  (d) such period shall be not less than one and one-half years nor more
than three years whenever a  determinate  sentence  of  imprisonment  is
imposed  pursuant  to subdivision three or four of section 70.70 of this
article upon conviction of a class B felony or class C felony offense[;]
OR SUBDIVISION ELEVEN OF SECTION 60.12 OF THIS TITLE;
  (e) such period shall be not less than one and one-half years nor more
than three years whenever a  determinate  sentence  of  imprisonment  is
imposed  pursuant  to subdivision three of section 70.02 of this article
OR SUBDIVISION TWO OR EIGHT OF  SECTION  60.12  OF  THIS  TITLE  upon  a
conviction of a class D or class E violent felony offense OR SUBDIVISION
FOUR, FIVE, SIX, OR SEVEN OF SECTION 60.12 OF THIS TITLE;
  (f) such period shall be not less than two and one-half years nor more
than  five  years  whenever  a  determinate  sentence of imprisonment is
imposed pursuant to subdivision three of section 70.02 of  this  article

S. 1505                            71                            A. 2005

OR  SUBDIVISION  TWO  OR  EIGHT  OF  SECTION  60.12 OF THIS TITLE upon a
conviction of a class B or class C violent felony offense.
  §  3.  The  criminal  procedure law is amended by adding a new section
440.47 to read as follows:
§ 440.47 MOTION FOR RESENTENCE; DOMESTIC VIOLENCE CASES.
  1. (A) NOTWITHSTANDING ANY  CONTRARY  PROVISION  OF  LAW,  ANY  PERSON
CONFINED  IN AN INSTITUTION OPERATED BY THE DEPARTMENT OF CORRECTION AND
COMMUNITY SUPERVISION SERVING A SENTENCE WITH A MINIMUM  OR  DETERMINATE
TERM OF EIGHT YEARS OR MORE FOR AN OFFENSE COMMITTED PRIOR TO THE EFFEC-
TIVE  DATE  OF  THIS  SECTION  AND  ELIGIBLE FOR AN ALTERNATIVE SENTENCE
PURSUANT TO SECTION 60.12 OF THE PENAL LAW MAY, ON OR AFTER SUCH  EFFEC-
TIVE  DATE,  SUBMIT  TO  THE  JUDGE  OR JUSTICE WHO IMPOSED THE ORIGINAL
SENTENCE UPON SUCH PERSON A REQUEST TO APPLY FOR RESENTENCING IN ACCORD-
ANCE WITH SECTION 60.12 OF THE PENAL LAW. SUCH PERSON  MUST  INCLUDE  IN
HIS  OR  HER REQUEST DOCUMENTATION PROVING THAT SHE OR HE IS CONFINED IN
AN INSTITUTION OPERATED BY THE DEPARTMENT OF CORRECTIONS  AND  COMMUNITY
SUPERVISION  SERVING  A  SENTENCE  WITH A MINIMUM OR DETERMINATE TERM OF
EIGHT YEARS OR MORE FOR AN OFFENSE COMMITTED PRIOR TO THE EFFECTIVE DATE
OF THIS SECTION AND THAT SHE OR HE IS  SERVING  SUCH  SENTENCE  FOR  ANY
OFFENSE  ELIGIBLE FOR AN ALTERNATIVE SENTENCE UNDER SECTION 60.12 OF THE
PENAL LAW.
  (B) IF, AT THE TIME OF SUCH PERSON'S REQUEST TO APPLY FOR RESENTENCING
PURSUANT TO THIS SECTION, THE ORIGINAL SENTENCING JUDGE OR JUSTICE IS  A
JUDGE OR JUSTICE OF A COURT OF COMPETENT JURISDICTION, BUT SUCH COURT IS
NOT  THE  COURT  IN  WHICH  THE  ORIGINAL SENTENCE WAS IMPOSED, THEN THE
REQUEST SHALL BE RANDOMLY ASSIGNED TO ANOTHER JUDGE OR  JUSTICE  OF  THE
COURT  IN  WHICH  THE  ORIGINAL  SENTENCE  WAS  IMPOSED. IF THE ORIGINAL
SENTENCING JUDGE IS NO LONGER A JUDGE OR JUSTICE OF A COURT OF COMPETENT
JURISDICTION, THEN THE REQUEST SHALL BE  RANDOMLY  ASSIGNED  TO  ANOTHER
JUDGE OR JUSTICE OF THE COURT.
  (C)  IF  THE  COURT FINDS THAT SUCH PERSON HAS MET THE REQUIREMENTS TO
APPLY FOR RESENTENCING IN PARAGRAPH (A) OF THIS SUBDIVISION,  THE  COURT
SHALL  NOTIFY  SUCH  PERSON THAT HE OR SHE MAY SUBMIT AN APPLICATION FOR
RESENTENCING. UPON SUCH NOTIFICATION, THE PERSON MAY  REQUEST  THAT  THE
COURT  ASSIGN  HIM  OR  HER  AN  ATTORNEY  FOR  THE  PREPARATION  OF AND
PROCEEDINGS  ON  THE  APPLICATION  FOR  RESENTENCING  PURSUANT  TO  THIS
SECTION.   THE  ATTORNEY  SHALL  BE  ASSIGNED  IN  ACCORDANCE  WITH  THE
PROVISIONS OF SUBDIVISION ONE OF SECTION  SEVEN  HUNDRED  SEVENTEEN  AND
SUBDIVISION  FOUR  OF SECTION SEVEN HUNDRED TWENTY-TWO OF THE COUNTY LAW
AND THE RELATED PROVISIONS OF ARTICLE EIGHTEEN-A OF SUCH LAW.
  (D) IF THE COURT FINDS THAT SUCH PERSON HAS NOT MET  THE  REQUIREMENTS
TO  APPLY  FOR  RESENTENCING IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
SECTION, THE COURT SHALL NOTIFY SUCH  PERSON  AND  DISMISS  HIS  OR  HER
REQUEST WITHOUT PREJUDICE.
  2.  (A)  UPON  THE COURT'S RECEIPT OF AN APPLICATION FOR RESENTENCING,
THE COURT SHALL PROMPTLY NOTIFY THE APPROPRIATE  DISTRICT  ATTORNEY  AND
PROVIDE SUCH DISTRICT ATTORNEY WITH A COPY OF THE APPLICATION.
  (B)  IF  THE JUDGE OR JUSTICE THAT RECEIVED THE APPLICATION IS NOT THE
ORIGINAL SENTENCING JUDGE OR JUSTICE, THE APPLICATION MAY BE REFERRED TO
THE ORIGINAL SENTENCING JUDGE OR JUSTICE PROVIDED THAT HE OR  SHE  IS  A
JUDGE  OR  JUSTICE  OF  A  COURT  OF COMPETENT JURISDICTION AND THAT THE
APPLICANT AND THE DISTRICT ATTORNEY AGREE THAT THE APPLICATION SHOULD BE
REFERRED.
  (C) AN APPLICATION FOR RESENTENCING  PURSUANT  TO  THIS  SECTION  MUST
INCLUDE  AT  LEAST  TWO PIECES OF EVIDENCE CORROBORATING THE APPLICANT'S
CLAIM THAT HE OR SHE WAS, AT THE TIME OF THE OFFENSE, A VICTIM OF DOMES-

S. 1505                            72                            A. 2005

TIC VIOLENCE SUBJECTED TO SUBSTANTIAL PHYSICAL, SEXUAL OR  PSYCHOLOGICAL
ABUSE  INFLICTED  BY  A  MEMBER  OF  THE SAME FAMILY OR HOUSEHOLD AS THE
APPLICANT AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF  SECTION  530.11
OF THIS CHAPTER.
  AT LEAST ONE PIECE OF EVIDENCE MUST BE EITHER A COURT RECORD, PRE-SEN-
TENCE  REPORT,  SOCIAL SERVICES RECORD, HOSPITAL RECORD, SWORN STATEMENT
FROM A WITNESS TO THE DOMESTIC VIOLENCE, LAW ENFORCEMENT RECORD,  DOMES-
TIC  INCIDENT  REPORT,  OR  ORDER  OF  PROTECTION.    OTHER EVIDENCE MAY
INCLUDE, BUT SHALL NOT BE LIMITED TO,  LOCAL  AND  STATE  DEPARTMENT  OF
CORRECTIONS  RECORDS,  A SHOWING BASED IN PART ON DOCUMENTATION PREPARED
AT OR NEAR THE TIME OF THE COMMISSION OF THE OFFENSE OR THE  PROSECUTION
THEREOF  TENDING TO SUPPORT THE PERSON'S CLAIM, OR WHEN THERE IS VERIFI-
CATION OF CONSULTATION WITH A LICENSED MEDICAL  OR  MENTAL  HEALTH  CARE
PROVIDER,  EMPLOYEE  OF  A  COURT  ACTING WITHIN THE SCOPE OF HIS OR HER
EMPLOYMENT, MEMBER OF THE  CLERGY,  ATTORNEY,  SOCIAL  WORKER,  OR  RAPE
CRISIS  COUNSELOR  AS  DEFINED  IN SECTION FORTY-FIVE HUNDRED TEN OF THE
CIVIL PRACTICE LAW AND RULES, OR OTHER ADVOCATE ACTING ON BEHALF  OF  AN
AGENCY  THAT  ASSISTS  VICTIMS  OF  DOMESTIC VIOLENCE FOR THE PURPOSE OF
ASSISTING SUCH  PERSON  WITH  DOMESTIC  VIOLENCE  VICTIM  COUNSELING  OR
SUPPORT.
  (D)  IF  THE  COURT FINDS THAT THE APPLICANT HAS NOT COMPLIED WITH THE
PROVISIONS OF PARAGRAPH (C) OF THIS SUBDIVISION, THE COURT SHALL DISMISS
THE APPLICATION WITHOUT PREJUDICE.
  (E) IF THE COURT FINDS  THAT  THE  APPLICANT  HAS  COMPLIED  WITH  THE
PROVISIONS OF PARAGRAPH (C) OF THIS SUBDIVISION, THE COURT SHALL CONDUCT
A  HEARING  TO  AID IN MAKING ITS DETERMINATION OF WHETHER THE APPLICANT
SHOULD BE RESENTENCED IN ACCORDANCE WITH SECTION 60.12 OF THE PENAL LAW.
AT SUCH HEARING THE COURT SHALL DETERMINE ANY CONTROVERTED ISSUE OF FACT
RELEVANT TO THE ISSUE OF SENTENCING. RELIABLE HEARSAY SHALL BE  ADMISSI-
BLE AT SUCH HEARINGS.
  THE COURT MAY CONSIDER ANY FACT OR CIRCUMSTANCES RELEVANT TO THE IMPO-
SITION  OF  A  NEW  SENTENCE WHICH ARE SUBMITTED BY THE APPLICANT OR THE
DISTRICT ATTORNEY AND  MAY,  IN  ADDITION,  CONSIDER  THE  INSTITUTIONAL
RECORD OF CONFINEMENT OF SUCH PERSON, BUT SHALL NOT ORDER A NEW PRE-SEN-
TENCE  INVESTIGATION  AND REPORT OR ENTERTAIN ANY MATTER CHALLENGING THE
UNDERLYING BASIS OF THE SUBJECT CONVICTION. THE COURT'S CONSIDERATION OF
THE INSTITUTIONAL RECORD OF CONFINEMENT OF SUCH APPLICANT SHALL INCLUDE,
BUT NOT BE LIMITED TO, SUCH APPLICANT'S PARTICIPATION IN OR  WILLINGNESS
TO  PARTICIPATE  IN PROGRAMMING SUCH AS DOMESTIC VIOLENCE, PARENTING AND
SUBSTANCE ABUSE TREATMENT WHILE INCARCERATED AND SUCH APPLICANT'S DISCI-
PLINARY HISTORY. THE FACT THAT THE APPLICANT MAY  HAVE  BEEN  UNABLE  TO
PARTICIPATE IN TREATMENT OR OTHER PROGRAMMING WHILE INCARCERATED DESPITE
SUCH APPLICANT'S WILLINGNESS TO DO SO SHALL NOT BE CONSIDERED A NEGATIVE
FACTOR IN DETERMINING A MOTION PURSUANT TO THIS SECTION.
  (F)  IF  THE  COURT DETERMINES THAT THE APPLICANT SHOULD NOT BE RESEN-
TENCED IN ACCORDANCE WITH SECTION 60.12 OF  THE  PENAL  LAW,  THE  COURT
SHALL  INFORM SUCH APPLICANT OF ITS DECISION AND SHALL ENTER AN ORDER TO
THAT EFFECT. ANY ORDER ISSUED BY A COURT PURSUANT TO THIS  SECTION  MUST
INCLUDE WRITTEN FINDINGS OF FACT AND THE REASONS FOR SUCH ORDER.
  (G)  IF  THE COURT DETERMINES THAT THE APPLICANT SHOULD BE RESENTENCED
IN ACCORDANCE WITH SECTION 60.12 OF THE PENAL LAW, THE COURT SHALL NOTI-
FY THE APPLICANT THAT, UNLESS HE OR SHE  WITHDRAWS  THE  APPLICATION  OR
APPEALS  FROM  SUCH  ORDER,  THE  COURT WILL ENTER AN ORDER VACATING THE
SENTENCE ORIGINALLY IMPOSED AND IMPOSING THE NEW SENTENCE TO BE  IMPOSED
AS  AUTHORIZED  BY SECTION 60.12 OF THE PENAL LAW. ANY ORDER ISSUED BY A

S. 1505                            73                            A. 2005

COURT PURSUANT TO THIS SECTION MUST INCLUDE WRITTEN FINDINGS OF FACT AND
THE REASONS FOR SUCH ORDER.
  3.  AN  APPEAL  MAY BE TAKEN AS OF RIGHT IN ACCORDANCE WITH APPLICABLE
PROVISIONS OF THIS CHAPTER: (A) FROM AN ORDER DENYING  RESENTENCING;  OR
(B) FROM A NEW SENTENCE IMPOSED UNDER THIS PROVISION AND MAY BE BASED ON
THE GROUNDS THAT (I) THE TERM OF THE NEW SENTENCE IS HARSH OR EXCESSIVE;
OR (II) THAT THE TERM OF THE NEW SENTENCE IS UNAUTHORIZED AS A MATTER OF
LAW.  AN  APPEAL  IN  ACCORDANCE  WITH THE APPLICABLE PROVISIONS OF THIS
CHAPTER MAY ALSO BE TAKEN AS OF RIGHT BY THE  APPLICANT  FROM  AN  ORDER
SPECIFYING  AND  INFORMING SUCH APPLICANT OF THE TERM OF THE DETERMINATE
SENTENCE THE COURT WOULD IMPOSE UPON RESENTENCING ON THE GROUND THAT THE
TERM OF THE PROPOSED SENTENCE IS HARSH OR EXCESSIVE; UPON REMAND TO  THE
SENTENCING  COURT  FOLLOWING SUCH APPEAL THE APPLICANT SHALL BE GIVEN AN
OPPORTUNITY TO WITHDRAW  AN  APPLICATION  FOR  RESENTENCING  BEFORE  ANY
RESENTENCE  IS  IMPOSED. THE APPLICANT MAY REQUEST THAT THE COURT ASSIGN
HIM OR HER AN ATTORNEY FOR THE PREPARATION OF  AND  PROCEEDINGS  ON  ANY
APPEALS  REGARDING  HIS  OR HER APPLICATION FOR RESENTENCING PURSUANT TO
THIS SECTION. THE ATTORNEY SHALL BE  ASSIGNED  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  SUBDIVISION  ONE  OF SECTION SEVEN HUNDRED SEVENTEEN AND
SUBDIVISION FOUR OF SECTION SEVEN HUNDRED TWENTY-TWO OF THE  COUNTY  LAW
AND THE RELATED PROVISIONS OF ARTICLE EIGHTEEN-A OF SUCH LAW.
  4.  IN CALCULATING THE NEW TERM TO BE SERVED BY THE APPLICANT PURSUANT
TO SECTION 60.12 OF THE PENAL LAW, SUCH APPLICANT SHALL BE CREDITED  FOR
ANY  JAIL  TIME  CREDITED  TOWARDS THE SUBJECT CONVICTION AS WELL AS ANY
PERIOD OF INCARCERATION CREDITED TOWARD THE SENTENCE ORIGINALLY IMPOSED.
  § 4. Subdivision 1 of section 450.90 of the criminal procedure law, as
amended by section 10 of part AAA of chapter 56 of the laws of 2009,  is
amended to read as follows:
  1.  Provided  that  a  certificate  granting leave to appeal is issued
pursuant to section 460.20, an appeal may, except as provided in  subdi-
vision  two, be taken to the court of appeals by either the defendant or
the people from any adverse or partially adverse order of an  intermedi-
ate  appellate  court  entered upon an appeal taken to such intermediate
appellate court pursuant to section 450.10, 450.15, or 450.20,  or  from
an order granting or denying a motion to set aside an order of an inter-
mediate  appellate  court  on  the  ground  of ineffective assistance or
wrongful deprivation of appellate counsel, or by either the defendant or
the people from any adverse or partially adverse order of an  intermedi-
ate  appellate  court  entered upon an appeal taken to such intermediate
appellate court from an order entered  pursuant  to  section  440.46  OR
SECTION  440.47  of  this chapter. An order of an intermediate appellate
court is adverse to the party who was the appellant in such  court  when
it affirms the judgment, sentence or order appealed from, and is adverse
to  the  party who was the respondent in such court when it reverses the
judgment, sentence or order appealed  from.  An  appellate  court  order
which modifies a judgment or order appealed from is partially adverse to
each party.
  §  5. Paragraph (a) of subdivision 2 of section 390.50 of the criminal
procedure law, as amended by section 5 of part OO of chapter 56  of  the
laws of 2010, is amended to read as follows:
  (a)  Not less than one court day prior to sentencing, unless such time
requirement is waived by the parties, the pre-sentence report  or  memo-
randum  shall  be  made  available  by the court for examination and for
copying by the defendant's attorney, the defendant himself, if he has no
attorney, and the prosecutor. In its discretion, the  court  may  except
from disclosure a part or parts of the report or memoranda which are not

S. 1505                            74                            A. 2005

relevant to a proper sentence, or a diagnostic opinion which might seri-
ously  disrupt  a  program  of rehabilitation, or sources of information
which have been obtained on a promise of confidentiality, or  any  other
portion  thereof,  disclosure  of  which would not be in the interest of
justice. In all cases where a part or parts of the report  or  memoranda
are  not  disclosed, the court shall state for the record that a part or
parts of the report or memoranda have been excepted and the reasons  for
its  action.  The action of the court excepting information from disclo-
sure shall be subject to appellate review. The pre-sentence report shall
be made available by the court for examination and copying in connection
with any appeal in the case, including an appeal under this subdivision.
Upon written request, the court shall make a  copy  of  the  presentence
report,  other  than a part or parts of the report redacted by the court
pursuant to this paragraph, available to the defendant  for  use  before
the  parole  board  for  release  consideration or an appeal of a parole
board determination OR  AN  APPLICATION  FOR  RESENTENCING  PURSUANT  TO
SECTION  440.46 OR 440.47 OF THIS CHAPTER. In his or her written request
to the court the defendant shall affirm that he or  she  anticipates  an
appearance  before the parole board or intends to file an administrative
appeal of a parole board determination OR MEETS THE ELIGIBILITY CRITERIA
FOR AND INTENDS TO FILE A MOTION FOR RESENTENCING PURSUANT TO 440.46  OF
THIS  CHAPTER OR HAS RECEIVED NOTIFICATION FROM THE COURT WHICH RECEIVED
HIS OR HER REQUEST TO APPLY FOR RESENTENCING PURSUANT TO SECTION  440.47
OF  THIS  CHAPTER  CONFIRMING  THAT  HE  OR SHE IS ELIGIBLE TO SUBMIT AN
APPLICATION FOR RESENTENCING PURSUANT TO SECTION 440.47 OF THIS CHAPTER.
The court shall respond to the defendant's written request within twenty
days from receipt of the defendant's written request.
  § 6. This act shall take effect immediately; provided,  however,  that
sections  one  and two of this act shall apply to offenses committed on,
after and prior to such effective  date  where  the  sentence  for  such
offense has not yet been imposed; provided, further that sections three,
four  and  five of this act shall take effect on the ninetieth day after
it shall have become a law.

                                 PART V

  Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa-
rately amended by chapters 268 and 281 of the laws of 2016,  is  amended
to read as follows:
  11.  With  intent to cause physical injury to a train operator, ticket
inspector, conductor, signalperson, bus operator, station agent, station
cleaner or terminal cleaner employed by any transit agency, authority or
company, public or private, whose operation is authorized  by  New  York
state  or  any  of  its political subdivisions, a city marshal, a school
crossing guard appointed pursuant to section two hundred eight-a of  the
general  municipal  law, a traffic enforcement officer, traffic enforce-
ment agent, prosecutor as defined in subdivision thirty-one  of  section
1.20  of  the  criminal procedure law, sanitation enforcement agent, New
York city sanitation worker, public health  sanitarian,  New  York  city
public  health  sanitarian,  registered nurse, licensed practical nurse,
emergency medical service  paramedic,  [or]  emergency  medical  service
technician,  OR  JOURNALIST,  he  or  she causes physical injury to such
train operator, ticket inspector, conductor, signalperson, bus operator,
station agent, station cleaner or terminal cleaner, city marshal, school
crossing guard appointed pursuant to section two hundred eight-a of  the
general  municipal law, traffic enforcement officer, traffic enforcement

S. 1505                            75                            A. 2005

agent, prosecutor as defined in subdivision thirty-one of  section  1.20
of  the  criminal  procedure  law,  registered nurse, licensed practical
nurse, public health sanitarian, New York city public health sanitarian,
sanitation enforcement agent, New York city sanitation worker, emergency
medical service paramedic, [or] emergency medical service technician, OR
JOURNALIST,  while  such  employee is performing an assigned duty on, or
directly related to, the operation of a  train  or  bus,  including  the
cleaning  of  a  train or bus station or terminal, or such city marshal,
school crossing guard, traffic enforcement officer, traffic  enforcement
agent,  prosecutor  as defined in subdivision thirty-one of section 1.20
of the criminal procedure  law,  registered  nurse,  licensed  practical
nurse, public health sanitarian, New York city public health sanitarian,
sanitation enforcement agent, New York city sanitation worker, emergency
medical service paramedic, [or] emergency medical service technician, OR
JOURNALIST is performing an assigned duty; or
  § 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

                                 PART W

  Section  1.  Section 60.06 of the penal law, as amended by chapter 482
of the laws of 2009, is amended to read as follows:
§ 60.06 Authorized disposition; murder in the  first  degree  offenders;
          aggravated  murder  offenders;  certain  murder  in the second
          degree  offenders;  certain  terrorism   offenders;   criminal
          possession  of  a  chemical weapon or biological weapon offen-
          ders; criminal use of a chemical weapon or  biological  weapon
          offenders.
  When a defendant is convicted of murder in the first degree as defined
in  section 125.27 of this chapter, the court shall[, in accordance with
the provisions  of  section  400.27  of  the  criminal  procedure  law,]
sentence  the  defendant [to death,] to life imprisonment without parole
in accordance with subdivision five of section 70.00 of this  title,  or
to  a  term of imprisonment for a class A-I felony other than a sentence
of life imprisonment without parole, in accordance with subdivisions one
through three of section 70.00 of this title. When a person is convicted
of murder in the second degree as defined in subdivision five of section
125.25 of this chapter or of the crime of aggravated murder  as  defined
in  subdivision  one  of section 125.26 of this chapter, the court shall
sentence the defendant to life imprisonment without parole in accordance
with subdivision five of section 70.00 of this title. When  a  defendant
is  convicted  of the crime of terrorism as defined in section 490.25 of
this chapter, and the specified offense the  defendant  committed  is  a
class  A-I felony offense, or when a defendant is convicted of the crime
of criminal possession of a chemical weapon or biological weapon in  the
first  degree  as  defined  in section 490.45 of this chapter, or when a
defendant is convicted of the crime of criminal use of a chemical weapon
or biological weapon in the first degree as defined in section 490.55 of
this chapter, the court shall sentence the defendant to  life  imprison-
ment without parole in accordance with subdivision five of section 70.00
of  this  title;  provided,  however, that nothing in this section shall
preclude or prevent a sentence of  death  when  the  defendant  is  also
convicted  of murder in the first degree as defined in section 125.27 of
this chapter. When a defendant is  convicted  of  aggravated  murder  as
defined  in subdivision two of section 125.26 of this chapter, the court
shall sentence the defendant to life imprisonment without parole or to a

S. 1505                            76                            A. 2005

term of imprisonment for a class A-I felony other  than  a  sentence  of
life  imprisonment  without  parole, in accordance with subdivisions one
through three of section 70.00 of this title.
  §  2.  Subparagraph  (i)  of paragraph (a) of subdivision 3 of section
70.00 of the penal law, as amended by chapter  107 of the laws of  2006,
is amended to read as follows:
  (i) For a class A-I felony, such minimum period shall not be less than
fifteen  years  nor more than twenty-five years; provided, however, that
(A) where a sentence, other than a sentence of [death or] life imprison-
ment without parole, is imposed upon a defendant convicted of murder  in
the first degree as defined in section 125.27 of this chapter such mini-
mum period shall be not less than twenty years nor more than twenty-five
years,  and,  (B) where a sentence is imposed upon a defendant convicted
of murder in the second degree as defined in subdivision five of section
125.25 of this chapter or convicted of aggravated murder as  defined  in
section  125.26 of this chapter, the sentence shall be life imprisonment
without parole, and, (C) where a sentence is imposed  upon  a  defendant
convicted  of attempted murder in the first degree as defined in article
one hundred ten of this chapter and subparagraph (i), (ii) or  (iii)  of
paragraph (a) of subdivision one and paragraph (b) of subdivision one of
section 125.27 of this chapter or attempted aggravated murder as defined
in  article  one  hundred ten of this chapter and section 125.26 of this
chapter such minimum period shall be not less than twenty years nor more
than forty years.
  § 3. Paragraph (e) of subdivision 5 of section 220.10 of the  criminal
procedure law is REPEALED.
  §  4.  Subparagraph (vii) of paragraph (b) of subdivision 3 of section
220.30 of the criminal procedure law is REPEALED.
  § 5. Sections 250.40, 270.16, 270.55, 400.27, 450.70 and 450.80 of the
criminal procedure law are REPEALED.
  § 6. Paragraph (f) of subdivision 1 of section 270.20 of the  criminal
procedure law is REPEALED.
  § 7. Section 270.30 of the criminal procedure law, as amended by chap-
ter 1 of the laws of 1995, is amended to read as follows:
§ 270.30 Trial jury; alternate jurors.
  [1.] Immediately after the last trial juror is sworn, the court may in
its  discretion  direct  the selection of one or more, but not more than
six additional jurors to be known as "alternate jurors"[,  except  that,
in  a  prosecution under section 125.27 of the penal law, the court may,
in its discretion, direct the selection of as many alternate  jurors  as
the court determines to be appropriate].  Alternate jurors must be drawn
in  the  same manner, must have the same qualifications, must be subject
to the same examination and challenges for cause and must take the  same
oath  as  the  regular jurors. After the jury has retired to deliberate,
the court must either (1) with the consent  of  the  defendant  and  the
people,  discharge  the  alternate  jurors  or  (2) direct the alternate
jurors not to discuss the case and must further direct that they be kept
separate and apart from the regular jurors.
  [2. In any prosecution in which the people seek a sentence  of  death,
the court shall not discharge the alternate jurors when the jury retires
to  deliberate  upon  its  verdict  and  the  alternate  jurors,  in the
discretion of the court, may be continuously  kept  together  under  the
supervision of an appropriate public servant or servants until such time
as the jury returns its verdict. If the jury returns a verdict of guilty
to  a  charge  for which the death penalty may be imposed, the alternate
jurors shall not be discharged and shall remain  available  for  service

S. 1505                            77                            A. 2005

during  any separate sentencing proceeding which may be conducted pursu-
ant to section 400.27.]
  § 8. Section 310.80 of the criminal procedure law, as amended by chap-
ter 1 of the laws of 1995, is amended to read as follows:
§ 310.80 Recording and checking of verdict and polling of jury.
  After  a verdict has been rendered, it must be recorded on the minutes
and read to the jury, and the jurors must be collectively asked  whether
such is their verdict. Even though no juror makes any declaration in the
negative,  the  jury must, if either party makes such an application, be
polled and each juror separately asked whether the verdict announced  by
the  foreman  is in all respects his verdict. If upon either the collec-
tive or the separate inquiry any juror  answers  in  the  negative,  the
court  must  refuse  to  accept  the verdict and must direct the jury to
resume its deliberation. If no disagreement is expressed, the jury  must
be  discharged  from  the case[, except as otherwise provided in section
400.27].
  § 9. Subdivision 1 of section 440.20 of the criminal procedure law, as
amended by chapter 1 of the laws of 1995, is amended to read as follows:
  1. At any time after the entry of a judgment, the court in  which  the
judgment  was  entered  may, upon motion of the defendant, set aside the
sentence upon the ground that it was unauthorized, illegally imposed  or
otherwise  invalid  as  a matter of law.  [Where the judgment includes a
sentence of death, the court may also set aside the sentence upon any of
the grounds set forth in paragraph (b), (c), (f), (g) or (h) of subdivi-
sion one of section 440.10 as applied to a separate sentencing  proceed-
ing  under  section  400.27,  provided,  however, that to the extent the
ground or grounds asserted include one or more of  the  aforesaid  para-
graphs  of  subdivision one of section 440.10, the court must also apply
subdivisions two and three of section 440.10, other than  paragraph  (d)
of  subdivision  two  of such section, in determining the motion. In the
event the court enters an  order  granting  a  motion  to  set  aside  a
sentence of death under this section, the court must either direct a new
sentencing  proceeding  in  accordance  with  section  400.27 or, to the
extent that the defendant cannot be resentenced to death consistent with
the laws of this state or the constitution  of  this  state  or  of  the
United  States,  resentence  the  defendant to life imprisonment without
parole or to a sentence of imprisonment for  the  class  A-I  felony  of
murder  in  the  first degree other than a sentence of life imprisonment
without parole. Upon granting the motion upon any  of  the  grounds  set
forth  in  the aforesaid paragraphs of subdivision one of section 440.10
and setting aside the sentence, the  court  must  afford  the  people  a
reasonable  period  of  time,  which shall not be less than ten days, to
determine whether to take an appeal from the  order  setting  aside  the
sentence  of  death.  The  taking  of  an appeal by the people stays the
effectiveness of that portion of the court's order that  directs  a  new
sentencing proceeding.]
  §  10.  Subdivision 10 of section 450.20 of the criminal procedure law
is REPEALED.
  § 11. Subdivision 3 of section 460.40 of the criminal procedure law is
REPEALED.
  § 12. Section 470.30 of the criminal  procedure  law,  as  amended  by
chapter 1 of the laws of 1995, is amended to read as follows:
§ 470.30 Determination  by  court  of  appeals of appeals taken directly
           thereto from judgments and orders of criminal courts.
  [1.] Wherever appropriate, the rules set forth in sections 470.15  and
470.20,  governing  the  consideration and determination by intermediate

S. 1505                            78                            A. 2005

appellate courts of appeals thereto from judgments and orders of  crimi-
nal  courts,  and  prescribing  their scope of review and the corrective
action to be taken by them upon reversal or modification, apply  equally
to  the  consideration  and  determination  by  the  court of appeals of
appeals  taken  directly  thereto,  [pursuant  to  sections  450.70  and
450.80,] from judgments and orders of superior criminal courts.
  [2. Whenever a sentence of death is imposed, the judgment and sentence
shall  be reviewed on the record by the court of appeals.  Review by the
court of appeals pursuant to subdivision one of section 450.70  may  not
be waived.
  3.  With regard to the sentence, the court shall, in addition to exer-
cising the powers and scope of review granted under subdivision  one  of
this section, determine:
  (a)  whether  the sentence of death was imposed under the influence of
passion, prejudice, or any  other  arbitrary  or  legally  impermissible
factor  including  whether the imposition of the verdict or sentence was
based upon the race of the defendant or a victim of the crime for  which
the defendant was convicted;
  (b)  whether the sentence of death is excessive or disproportionate to
the penalty imposed in similar cases considering both the crime and  the
defendant.  In  conducting  such  review  the court, upon request of the
defendant, in addition to any other determination, shall review  whether
the  sentence  of  death is excessive or disproportionate to the penalty
imposed in similar cases by virtue of the race of  the  defendant  or  a
victim of the crime for which the defendant was convicted; and
  (c)  whether  the decision to impose the sentence of death was against
the weight of the evidence.
  4. The court shall include in its decision:  (a) the  aggravating  and
mitigating factors established in the record on appeal; and
  (b) those similar cases it took into consideration.
  5.  In  addition to exercising any other corrective action pursuant to
subdivision one of this section, the court, with regard to review  of  a
sentence of death, shall be authorized to:
  (a) affirm the sentence of death; or
  (b) set the sentence aside and remand the case for resentencing pursu-
ant to the procedures set forth in section 400.27 for a determination as
to  whether the defendant shall be sentenced to death, life imprisonment
without parole or to a term of imprisonment for the class A-I felony  of
murder  in  the  first degree other than a sentence of life imprisonment
without parole; or
  (c) set the sentence aside and remand the case for resentencing by the
court for a determination as to whether the defendant shall be sentenced
to life imprisonment without parole or to a term of imprisonment for the
class A-I felony of murder in the first degree other than a sentence  of
life imprisonment without parole.]
  § 13. Sections 35-b and 211-a of the judiciary law are REPEALED.
  § 14. Section 707 of the county law is REPEALED.
  § 15. Article 22-A of the correction law is REPEALED.
  § 16. Section 63-d of the executive law is REPEALED.
  § 17. Subdivision 7 of section 837-a of the executive law is REPEALED.
  § 18. Section 837-l of the executive law is REPEALED.
  §  19.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after September 1, 1995.

                                 PART X

S. 1505                            79                            A. 2005

  Section 1. Section 265.00 of the penal law is amended by  adding  five
new subdivisions 26, 27, 28, 29, and 30 to read as follows:
  26.  "RAPID-FIRE  MODIFICATION  DEVICE"  MEANS ANY BUMP STOCK, TRIGGER
CRANK, BINARY TRIGGER SYSTEM, BURST TRIGGER SYSTEM, OR ANY OTHER  DEVICE
THAT IS DESIGNED TO ACCELERATE SUBSTANTIALLY THE RATE OF FIRE OF A SEMI-
AUTOMATIC FIREARM, RIFLE OR SHOTGUN.
  27.  "BUMP  STOCK"  MEANS  ANY DEVICE OR INSTRUMENT THAT INCREASES THE
RATE OF FIRE ACHIEVABLE WITH A SEMI-AUTOMATIC FIREARM, RIFLE OR  SHOTGUN
BY  USING ENERGY FROM THE RECOIL OF THE WEAPON TO GENERATE A RECIPROCAT-
ING ACTION THAT FACILITATES REPEATED ACTIVATION OF THE TRIGGER.
  28. "TRIGGER CRANK" MEANS ANY DEVICE  OR  INSTRUMENT  THAT  REPEATEDLY
ACTIVATES  THE  TRIGGER  OF  A  SEMI-AUTOMATIC FIREARM, RIFLE OR SHOTGUN
THROUGH THE USE OF A LEVER OR OTHER PART THAT IS TURNED  IN  A  CIRCULAR
MOTION,  PROVIDED,  HOWEVER,  THAT "TRIGGER CRANK" SHALL NOT INCLUDE ANY
WEAPON INITIALLY DESIGNED AND MANUFACTURED TO FIRE THROUGH THE USE OF  A
CRANK OR LEVER.
  29.  "BINARY  TRIGGER SYSTEM" MEANS ANY DEVICE THAT, WHEN INSTALLED IN
OR ATTACHED TO A SEMI-AUTOMATIC FIREARM RIFLE, OR  SHOTGUN  CAUSES  THAT
WEAPON  TO FIRE ONCE WHEN THE TRIGGER IS PULLED AND AGAIN WHEN THE TRIG-
GER IS RELEASED.
  30. "BURST TRIGGER SYSTEM" MEANS ANY DEVICE THAT, WHEN INSTALLED IN OR
ATTACHED TO A SEMI-AUTOMATIC FIREARM, RIFLE, OR SHOT  GUN,  ALLOWS  THAT
WEAPON  TO DISCHARGE TWO OR MORE SHOTS WITH A SINGLE PULL OR THE TRIGGER
BY ALTERING THE TRIGGER RESET.
  § 2. The penal law is amended by adding a new section 265.01-c to read
as follows:
§ 265.01-C CRIMINAL POSSESSION OF A RAPID-FIRE MODIFICATION DEVICE.
  A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A RAPID-FIRE MODIFICATION
DEVICE WHEN HE OR SHE KNOWINGLY POSSESSES  ANY  RAPID-FIRE  MODIFICATION
DEVICE.
  CRIMINAL  POSSESSION  OF  A  TRIGGER  MODIFICATION DEVICE IS A CLASS A
MISDEMEANOR.
  § 3. Subdivisions 1, 2 and 3 of  section  265.10  of  the  penal  law,
subdivisions  1 and 2 as amended by chapter 257 of the laws of 2008, and
subdivision 3 as amended by chapter 189 of the laws of 2000, are amended
to read as follows:
  1. Any person who  manufactures  or  causes  to  be  manufactured  any
machine-gun, assault weapon, large capacity ammunition feeding device or
disguised  gun  is  guilty of a class D felony.  ANY PERSON WHO MANUFAC-
TURES OR CAUSES TO BE MANUFACTURED ANY RAPID-FIRE MODIFICATION DEVICE IS
GUILTY OF A CLASS E FELONY. Any person who manufactures or causes to  be
manufactured  any  switchblade  knife,  gravity  knife,  pilum ballistic
knife, metal knuckle knife, billy, blackjack, bludgeon,  plastic  knuck-
les,  metal  knuckles,  Kung  Fu star, chuka stick, sandbag, sandclub or
slungshot is guilty of a class A misdemeanor.
  2. Any person who transports or ships any machine-gun, firearm silenc-
er, assault weapon  or  large  capacity  ammunition  feeding  device  or
disguised  gun,  or  who transports or ships as merchandise five or more
firearms, is guilty of a class D felony.  ANY PERSON WHO  TRANSPORTS  OR
SHIPS  ANY RAPID-FIRE MODIFICATION DEVICE IS GUILTY OF A CLASS E FELONY.
Any person who transports or ships as  merchandise  any  firearm,  other
than  an assault weapon, switchblade knife, gravity knife, pilum ballis-
tic knife, billy, blackjack, bludgeon, plastic knuckles, metal knuckles,
Kung Fu star, chuka stick, sandbag or slungshot is guilty of a  class  A
misdemeanor.

S. 1505                            80                            A. 2005

  3.  Any  person who disposes of any machine-gun, assault weapon, large
capacity ammunition feeding device or firearm silencer is  guilty  of  a
class  D  felony. ANY PERSON WHO DISPOSES OF ANY RAPID-FIRE MODIFICATION
DEVICE IS GUILTY OF A CLASS E FELONY. Any  person  who  knowingly  buys,
receives, disposes of, or conceals a machine-gun, firearm, large capaci-
ty  ammunition  feeding  device, rifle or shotgun which has been defaced
for the purpose of concealment or prevention of the detection of a crime
or misrepresenting the identity  of  such  machine-gun,  firearm,  large
capacity  ammunition  feeding  device,  rifle  or shotgun is guilty of a
class D felony.
  § 4. The opening paragraph of subdivision a of section 265.20  of  the
penal  law, as amended by section 1 of part FF of chapter 57 of the laws
of 2013, is amended to read as follows:
  Paragraph (h) of subdivision twenty-two of section 265.00 and sections
265.01, 265.01-a, subdivision one of section 265.01-b, 265.01-C, 265.02,
265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15,  265.36,
265.37 and 270.05 shall not apply to:
  §  5. The opening paragraph of paragraph 1 of subdivision a of section
265.20 of the penal law, as amended by chapter 1041 of the laws of 1974,
is amended to read as follows:
  Possession  of  any  of  the  weapons,  instruments,   appliances   or
substances  specified  in  sections  265.01,  265.01-C,  265.02, 265.03,
265.04, 265.05 and 270.05 by the following:
  § 6. Paragraphs 2 and 8 of subdivision a  of  section  265.20  of  the
penal law, paragraph 2 as amended by chapter 189 of the laws of 2000 and
paragraph  8  as amended by chapter 476 of the laws of 2018, are amended
to read as follows:
  2. Possession of a  machine-gun,  large  capacity  ammunition  feeding
device,  RAPID-FIRE  MODIFICATION  DEVICE,  firearm,  switchblade knife,
gravity knife, pilum ballistic knife, billy or blackjack  by  a  warden,
superintendent,  headkeeper  or  deputy of a state prison, penitentiary,
workhouse, county jail or other institution for the detention of persons
convicted or accused of crime  or  detained  as  witnesses  in  criminal
cases, in pursuit of official duty or when duly authorized by regulation
or order to possess the same.
  8.  The manufacturer of machine-guns, firearm silencers, assault weap-
ons, large capacity ammunition feeding devices, RAPID-FIRE  MODIFICATION
DEVICES,  disguised guns, pilum ballistic knives, switchblade or gravity
knives, billies or blackjacks as merchandise, or as a transferee recipi-
ent of the same for repair, lawful distribution or research and develop-
ment, and the disposal  and  shipment  thereof  direct  to  a  regularly
constituted  or appointed state or municipal police department, sheriff,
[policeman] police officer or other peace officer, or to a state prison,
penitentiary, workhouse,  county  jail  or  other  institution  for  the
detention  of persons convicted or accused of crime or held as witnesses
in criminal cases, or to the military service of this state  or  of  the
United  States;  or  for the repair and return of the same to the lawful
possessor or for research and development.
  § 7. This act shall take effect immediately; provided,  however,  that
section  two  of this act shall take effect on the one hundred twentieth
day after it shall have become a law.

                                 PART Y

  Section 1. Subdivision 12 of section  400.00  of  the  penal  law,  as
amended by chapter 1 of the laws of 2013, is amended to read as follows:

S. 1505                            81                            A. 2005

  12.  Records required of gunsmiths and dealers in firearms. Any person
licensed as gunsmith or dealer in firearms  shall  keep  a  record  book
approved  as to form, except in the city of New York, by the superinten-
dent of state police. In the record book shall be entered at the time of
every  transaction  involving  a firearm the date, name, age, occupation
and residence of any person from whom a firearm is received or to whom a
firearm is delivered, and the calibre, make, model, manufacturer's  name
and  serial number, or if none, any other distinguishing number or iden-
tification mark on such firearm. Before  delivering  a  firearm  to  any
person, the licensee shall require him to produce either a license valid
under  this  section  to  carry  or possess the same, or proof of lawful
authority as an exempt person pursuant to section 265.20 OF THIS CHAPTER
AND EITHER (A) THE NATIONAL INSTANT  CRIMINAL  BACKGROUND  CHECK  SYSTEM
(NICS) OR ITS SUCCESSOR HAS ISSUED A "PROCEED" RESPONSE TO THE LICENSEE,
OR  (B)  TEN  BUSINESS  DAYS  HAVE  ELAPSED  SINCE THE DATE THE LICENSEE
CONTACTED NICS TO INITIATE A NATIONAL INSTATE CRIMINAL BACKGROUND  CHECK
AND  NICS HAS NOT NOTIFIED THE LICENSEE THAT THE TRANSFER OF THE FIREARM
TO SUCH PERSON SHOULD BE DENIED.    In  addition,  before  delivering  a
firearm  to  a  peace  officer,  the licensee shall verify that person's
status as a peace officer with  the  division  of  state  police.  After
completing  the  foregoing,  the  licensee  shall  remove and retain the
attached coupon and enter in the record book the date of  such  license,
number,  if  any,  and name of the licensing officer, in the case of the
holder of a license to carry or possess, or the shield or other  number,
if  any,  assignment  and  department, unit or agency, in the case of an
exempt person. The original transaction report shall be forwarded to the
division of state police within ten days of delivering a firearm to  any
person,  and  a duplicate copy shall be kept by the licensee. The super-
intendent of state police  may  designate  that  such  record  shall  be
completed  and transmitted in electronic form. A dealer may be granted a
waiver from transmitting such records in electronic form if  the  super-
intendent  determines that such dealer is incapable of such transmission
due to technological limitations that  are  not  reasonably  within  the
control  of  the dealer, or other exceptional circumstances demonstrated
by the dealer, pursuant to a process established in regulation,  and  at
the discretion of the superintendent. Records assembled or collected for
purposes of inclusion in the database created pursuant to section 400.02
of  this  article shall not be subject to disclosure pursuant to article
six of the public officers law. The record book shall be  maintained  on
the premises mentioned and described in the license and shall be open at
all  reasonable hours for inspection by any peace officer, acting pursu-
ant to his special duties, or police officer. In the event of  cancella-
tion or revocation of the license for gunsmith or dealer in firearms, or
discontinuance  of  business  by  a  licensee, such record book shall be
immediately surrendered to the licensing officer  in  the  city  of  New
York,  and  in  the counties of Nassau and Suffolk, and elsewhere in the
state to the executive department, division of state police.
  § 2. The penal law is amended by adding a new section 400.20  to  read
as follows:
§ 400.20 WAITING  PERIOD  IN  CONNECTION  WITH THE SALE OR TRANSFER OF A
           RIFLE OR SHOTGUN.
  WHEN A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK IS REQUIRED PURSUANT
TO STATE OR FEDERAL LAW TO BE CONDUCTED  THROUGH  THE  NATIONAL  INSTANT
CRIMINAL  BACKGROUND  CHECK SYSTEM (NICS) OR ITS SUCCESSOR IN CONNECTION
WITH THE SALE OR TRANSFER OF A RIFLE OR SHOTGUN TO  ANY  PERSON,  BEFORE
DELIVERING A RIFLE OR SHOTGUN TO SUCH PERSON, EITHER (A) NICS HAS ISSUED

S. 1505                            82                            A. 2005

A  "PROCEED"  RESPONSE  TO THE SELLER OR TRANSFEROR, OR (B) TEN BUSINESS
DAYS SHALL  HAVE  ELAPSED  SINCE  THE  DATE  THE  SELLER  OR  TRANSFEROR
CONTACTED  NICS TO INITIATE A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
AND  NICS HAS NOT NOTIFIED THE SELLER OR TRANSFEROR THAT THE TRANSFER OF
THE RIFLE OR SHOTGUN TO SUCH PERSON SHOULD BE DENIED.
  § 3. Subdivision 1 of section 897 of  the  general  business  law,  as
added by chapter 189 of the laws of 2000, is amended to read as follows:
  1. A national instant criminal background check shall be conducted and
no  person  shall  sell or transfer a firearm, rifle or shotgun at a gun
show, except in accordance with the  provisions  of  18  U.S.C.  922(t),
PROVIDED  THAT  BEFORE  DELIVERING  A  FIREARM,  RIFLE OR SHOTGUN TO ANY
PERSON, EITHER (A) THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
(NICS) OR ITS SUCCESSOR HAS ISSUED A "PROCEED" RESPONSE TO THE SELLER OR
TRANSFEROR, OR (B) TEN BUSINESS DAYS SHALL HAVE ELAPSED SINCE  THE  DATE
THE  SELLER  OR TRANSFEROR CONTACTED NICS TO INITIATE A NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK AND  NICS  HAS  NOT  NOTIFIED  THE  SELLER  OR
TRANSFEROR  THAT  THE  TRANSFER OF THE FIREARM, RIFLE OR SHOTGUN TO SUCH
PERSON SHOULD BE DENIED.
  § 4. Subdivisions 1 and 2 of section 898 of the general business  law,
as  added  by  chapter  1  of  the  laws of 2013, are amended to read as
follows:
  1.  In addition to any other requirements pursuant to state and feder-
al law, all sales, exchanges or disposals of firearms, rifles  or  shot-
guns  shall  be  conducted  in  accordance with this section unless such
sale, exchange or disposal is conducted by a licensed importer, licensed
manufacturer or licensed dealer, as those terms are defined in 18 USC  §
922,  when such sale, exchange or disposal is conducted pursuant to that
person's federal firearms license or such sale, exchange or disposal  is
between  members  of  an  immediate  family.  WHEN  A  SALE, EXCHANGE OR
DISPOSAL IS CONDUCTED PURSUANT TO A PERSON'S FEDERAL  FIREARMS  LICENSE,
BEFORE  DELIVERING A FIREARM, RIFLE OR SHOTGUN TO ANY PERSON, EITHER (A)
THE NATIONAL INSTANT CRIMINAL BACKGROUND  CHECK  SYSTEM  (NICS)  OR  ITS
SUCCESSOR HAS ISSUED A "PROCEED" RESPONSE TO THE FEDERAL FIREARMS LICEN-
SEE,  OR  (B)  TEN  BUSINESS  DAYS SHALL HAVE ELAPSED SINCE THE DATE THE
FEDERAL FIREARMS LICENSEE CONTACTED NICS TO INITIATE A NATIONAL  INSTANT
CRIMINAL BACKGROUND CHECK AND NICS HAS NOT NOTIFIED THE FEDERAL FIREARMS
LICENSEE  THAT  THE  TRANSFER  OF  THE FIREARM, RIFLE OR SHOTGUN TO SUCH
PERSON SHOULD BE DENIED.  For purposes of this section, "immediate fami-
ly" shall mean spouses, domestic partners, children and step-children.
  2. Before any sale, exchange or disposal pursuant to this  article,  a
national instant criminal background check must be completed by a dealer
who  consents  to  conduct such check, and upon completion of such back-
ground check, shall complete a document, the  form  of  which  shall  be
approved  by  the  superintendent  of  state police, that identifies and
confirms that such check was performed.  BEFORE A DEALER WHO CONSENTS TO
CONDUCT A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK DELIVERS A FIREARM,
RIFLE OR SHOTGUN TO ANY PERSON,  EITHER  (A)  NICS  ISSUED  A  "PROCEED"
RESPONSE  TO  THE  DEALER,  OR  (B) TEN BUSINESS DAYS SHALL HAVE ELAPSED
SINCE THE DATE THE DEALER CONTACTED NICS TO INITIATE A NATIONAL  INSTANT
CRIMINAL  BACKGROUND CHECK AND NICS HAS NOT NOTIFIED THE DEALER THAT THE
TRANSFER OF THE FIREARM, RIFLE OR  SHOTGUN  TO  SUCH  PERSON  SHOULD  BE
DENIED.
  §  5. This act shall take effect on the forty-fifth day after it shall
have become a law.

                                 PART Z

S. 1505                            83                            A. 2005

  Section 1. The civil practice law and rules is amended by adding a new
article 63-A to read as follows:
                              ARTICLE 63-A
                     EXTREME RISK PROTECTION ORDERS
SECTION 6340. DEFINITIONS.
        6341. APPLICATION FOR AN EXTREME RISK PROTECTION ORDER.
        6342. ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER.
        6343. ISSUANCE OF A FINAL EXTREME RISK PROTECTION ORDER.
        6344. SURRENDER  AND  REMOVAL  OF  FIREARMS, RIFLES AND SHOTGUNS
               PURSUANT TO AN EXTREME RISK PROTECTION ORDER.
        6345. REQUEST FOR RENEWAL OF AN EXTREME RISK PROTECTION ORDER.
        6346. EXPIRATION OF AN EXTREME RISK PROTECTION ORDER.
        6347. EFFECT  OF  FINDINGS  AND  DETERMINATIONS  IN   SUBSEQUENT
               PROCEEDINGS.
  § 6340. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  "EXTREME  RISK  PROTECTION  ORDER"  MEANS  A COURT-ISSUED ORDER OF
PROTECTION PROHIBITING A PERSON FROM PURCHASING, POSSESSING OR  ATTEMPT-
ING TO PURCHASE OR POSSESS A FIREARM, RIFLE OR SHOTGUN.
  2.  "PETITIONER"  MEANS:  (A)  A POLICE OFFICER, AS DEFINED IN SECTION
1.20 OF THE CRIMINAL PROCEDURE LAW, OR DISTRICT ATTORNEY WITH  JURISDIC-
TION  IN  THE  COUNTY OR CITY WHERE THE PERSON AGAINST WHOM THE ORDER IS
SOUGHT RESIDES; (B) A FAMILY OR HOUSEHOLD MEMBER, AS DEFINED IN SUBDIVI-
SION TWO OF SECTION FOUR HUNDRED FIFTY-NINE-A  OF  THE  SOCIAL  SERVICES
LAW,  OF  THE  PERSON  AGAINST WHOM THE ORDER IS SOUGHT; OR (C) A SCHOOL
OFFICIAL OF ANY SCHOOL IN WHICH THE RESPONDENT IS CURRENTLY ENROLLED  OR
IN  WHICH THE RESPONDENT HAS BEEN ENROLLED IN THE SIX MONTHS IMMEDIATELY
PRECEDING THE FILING OF THE PETITION.  FOR  PURPOSES  OF  THIS  ARTICLE,
SCHOOL  OFFICIAL  SHALL  INCLUDE THE FOLLOWING:   SCHOOL TEACHER, SCHOOL
GUIDANCE COUNSELOR, SCHOOL PSYCHOLOGIST, SCHOOL  SOCIAL  WORKER,  SCHOOL
NURSE, SCHOOL ADMINISTRATOR OR OTHER SCHOOL PERSONNEL REQUIRED TO HOLD A
TEACHING OR ADMINISTRATIVE LICENSE OR CERTIFICATE, AND FULL OR PART-TIME
COMPENSATED  SCHOOL  EMPLOYEE  REQUIRED  TO  HOLD  A  TEMPORARY COACHING
LICENSE OR PROFESSIONAL COACHING CERTIFICATE.
  3.  "RESPONDENT"  MEANS  THE  PERSON  AGAINST  WHOM  AN  EXTREME  RISK
PROTECTION ORDER IS OR MAY BE SOUGHT UNDER THIS ARTICLE.
  4.  "POSSESS"  SHALL  HAVE  THE SAME MEANING AS DEFINED IN SUBDIVISION
EIGHT OF SECTION 10.00 OF THE PENAL LAW.
  § 6341. APPLICATION FOR AN EXTREME RISK PROTECTION ORDER.  IN  ACCORD-
ANCE  WITH  THIS ARTICLE, A PETITIONER MAY FILE A SWORN APPLICATION, AND
ACCOMPANYING SUPPORTING  DOCUMENTATION,  SETTING  FORTH  THE  FACTS  AND
CIRCUMSTANCES  JUSTIFYING  THE  ISSUANCE  OF  AN EXTREME RISK PROTECTION
ORDER. SUCH APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE  FILED  IN
THE  SUPREME  COURT  IN  THE COUNTY IN WHICH THE RESPONDENT RESIDES. THE
CHIEF ADMINISTRATOR OF THE COURTS SHALL ADOPT FORMS THAT MAY BE USED FOR
PURPOSES OF SUCH APPLICATIONS AND  THE  COURT'S  CONSIDERATION  OF  SUCH
APPLICATIONS.  SUCH APPLICATION FORM SHALL INCLUDE INQUIRY AS TO WHETHER
THE PETITIONER KNOWS, OR HAS REASON  TO  BELIEVE,  THAT  THE  RESPONDENT
OWNS,  POSSESSES OR HAS ACCESS TO A FIREARM, RIFLE OR SHOTGUN AND IF SO,
A REQUEST THAT THE PETITIONER LIST OR DESCRIBE SUCH FIREARMS, RIFLES AND
SHOTGUNS, AND THE RESPECTIVE LOCATIONS THEREOF, WITH AS MUCH SPECIFICITY
AS POSSIBLE.
  § 6342. ISSUANCE OF A TEMPORARY  EXTREME  RISK  PROTECTION  ORDER.  1.
UPON APPLICATION OF A PETITIONER PURSUANT TO THIS ARTICLE, THE COURT MAY
ISSUE  A TEMPORARY EXTREME RISK PROTECTION ORDER, EX PARTE OR OTHERWISE,
TO PROHIBIT THE RESPONDENT FROM PURCHASING, POSSESSING OR ATTEMPTING  TO
PURCHASE  OR  POSSESS  A  FIREARM, RIFLE OR SHOTGUN, UPON A FINDING THAT

S. 1505                            84                            A. 2005

THERE IS PROBABLE CAUSE TO BELIEVE THE RESPONDENT IS LIKELY TO ENGAGE IN
CONDUCT THAT WOULD RESULT IN SERIOUS HARM TO HIMSELF, HERSELF OR OTHERS,
AS DEFINED IN PARAGRAPH ONE OR TWO OF SUBDIVISION (A) OF SECTION 9.39 OF
THE  MENTAL HYGIENE LAW. SUCH APPLICATION FOR A TEMPORARY ORDER SHALL BE
DETERMINED IN WRITING ON THE SAME DAY THE APPLICATION IS FILED.
  2. IN  DETERMINING  WHETHER  GROUNDS  FOR  A  TEMPORARY  EXTREME  RISK
PROTECTION  ORDER  EXIST,  THE COURT SHALL CONSIDER ANY RELEVANT FACTORS
INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING ACTS OF THE RESPONDENT:
  (A) A THREAT OR ACT OF VIOLENCE OR  USE  OF  PHYSICAL  FORCE  DIRECTED
TOWARD SELF, THE PETITIONER, OR ANOTHER PERSON;
  (B) A VIOLATION OR ALLEGED VIOLATION OF AN ORDER OF PROTECTION;
  (C)  ANY PENDING CHARGE OR CONVICTION FOR AN OFFENSE INVOLVING THE USE
OF A WEAPON;
  (D) THE RECKLESS USE, DISPLAY OR BRANDISHING OF A  FIREARM,  RIFLE  OR
SHOTGUN;
  (E) ANY HISTORY OF A VIOLATION OF AN EXTREME RISK PROTECTION ORDER;
  (F)  EVIDENCE  OF  RECENT OR ONGOING ABUSE OF CONTROLLED SUBSTANCES OR
ALCOHOL; OR
  (G) EVIDENCE OF RECENT ACQUISITION OF A  FIREARM,  RIFLE,  SHOTGUN  OR
OTHER DEADLY WEAPON OR DANGEROUS INSTRUMENT, OR ANY AMMUNITION THEREFOR.
  IN  CONSIDERING  THE  FACTORS  UNDER THIS SUBDIVISION, THE COURT SHALL
CONSIDER THE TIME THAT HAS ELAPSED SINCE THE OCCURRENCE OF SUCH  ACT  OR
ACTS AND THE AGE OF THE PERSON AT THE TIME OF THE OCCURRENCE OF SUCH ACT
OR ACTS.
  FOR  THE  PURPOSES  OF THIS SUBDIVISION, "RECENT" MEANS WITHIN THE SIX
MONTHS PRIOR TO THE DATE THE PETITION WAS FILED.
  3. THE APPLICATION OF THE PETITIONER AND SUPPORTING DOCUMENTATION,  IF
ANY,  SHALL  SET  FORTH  THE  FACTUAL BASIS FOR THE REQUEST AND PROBABLE
CAUSE FOR ISSUANCE OF A TEMPORARY ORDER. THE COURT MAY CONDUCT AN  EXAM-
INATION  UNDER OATH OF THE PETITIONER AND ANY WITNESS THE PETITIONER MAY
PRODUCE.
  4. A TEMPORARY EXTREME RISK  PROTECTION  ORDER,  IF  WARRANTED,  SHALL
ISSUE IN WRITING, AND SHALL INCLUDE:
  (A) A STATEMENT OF THE GROUNDS FOUND FOR THE ISSUANCE OF THE ORDER;
  (B) THE DATE AND TIME THE ORDER EXPIRES;
  (C) THE ADDRESS OF THE COURT THAT ISSUED THE ORDER;
  (D)  A  STATEMENT TO THE RESPONDENT: (I) DIRECTING THAT THE RESPONDENT
MAY NOT PURCHASE, POSSESS OR ATTEMPT TO PURCHASE OR POSSESS  A  FIREARM,
RIFLE  OR  SHOTGUN  WHILE  THE  ORDER IS IN EFFECT AND THAT ANY FIREARM,
RIFLE OR SHOTGUN POSSESSED BY SUCH RESPONDENT SHALL BE PROMPTLY  SURREN-
DERED  TO  ANY AUTHORIZED LAW ENFORCEMENT OFFICIAL IN THE SAME MANNER AS
SET FORTH IN SUBDIVISION FIVE OF SECTION 530.14 OF THE  CRIMINAL  PROCE-
DURE LAW;
  (II)  INFORMING  THE  RESPONDENT THAT THE COURT WILL HOLD A HEARING NO
SOONER THAN THREE NOR MORE THAN SIX BUSINESS DAYS AFTER SERVICE  OF  THE
TEMPORARY  ORDER,  TO  DETERMINE WHETHER A FINAL EXTREME RISK PROTECTION
ORDER WILL BE ISSUED AND THE DATE, TIME AND LOCATION  OF  SUCH  HEARING,
PROVIDED  THAT  THE  RESPONDENT  SHALL BE ENTITLED TO MORE THAN SIX DAYS
UPON REQUEST IN ORDER TO PREPARE FOR THE HEARING;  AND  (III)  INFORMING
THE RESPONDENT THE HE OR SHE MAY SEEK THE ADVICE OF AN ATTORNEY AND THAT
AN ATTORNEY SHOULD BE CONSULTED PROMPTLY; AND
  (E)  A FORM TO BE COMPLETED AND EXECUTED BY THE RESPONDENT AT THE TIME
OF SERVICE OF THE TEMPORARY EXTREME RISK PROTECTION ORDER WHICH  ELICITS
A  LIST OF ALL FIREARMS, RIFLES AND SHOTGUNS POSSESSED BY THE RESPONDENT
AND THE PARTICULAR LOCATION OF EACH FIREARM, RIFLE OR SHOTGUN LISTED.

S. 1505                            85                            A. 2005

  5. IF THE APPLICATION FOR A TEMPORARY EXTREME RISK PROTECTION ORDER IS
NOT GRANTED, THE COURT SHALL  NOTIFY  THE  PETITIONER  AND,  UNLESS  THE
APPLICATION  IS  VOLUNTARILY  WITHDRAWN  BY  THE PETITIONER, NONETHELESS
SCHEDULE  A  HEARING  ON  THE  APPLICATION  FOR  A  FINAL  EXTREME  RISK
PROTECTION  ORDER.  SUCH HEARING SHALL BE SCHEDULED TO BE HELD PROMPTLY,
BUT IN ANY EVENT NO LATER THAN TEN BUSINESS DAYS AFTER THE DATE ON WHICH
SUCH APPLICATION IS SERVED ON THE RESPONDENT,  PROVIDED,  HOWEVER,  THAT
THE  RESPONDENT MAY REQUEST, AND THE COURT MAY GRANT, ADDITIONAL TIME TO
ALLOW THE RESPONDENT TO PREPARE FOR THE HEARING. A NOTICE OF SUCH  HEAR-
ING  SHALL  BE PREPARED BY THE COURT AND SHALL INCLUDE THE DATE AND TIME
OF THE HEARING, THE ADDRESS OF THE COURT, AND THE SUBJECT OF  THE  HEAR-
ING.
  6.  (A)  THE  COURT SHALL, IN THE MANNER SPECIFIED IN PARAGRAPH (B) OF
THIS SUBDIVISION, ARRANGE FOR PROMPT SERVICE OF A COPY OF THE  TEMPORARY
EXTREME  RISK PROTECTION ORDER, IF ANY, THE APPLICATION THEREFOR AND, IF
SEPARATELY APPLIED FOR OR IF A TEMPORARY EXTREME RISK  PROTECTION  ORDER
WAS  NOT  GRANTED, THE APPLICATION FOR AN EXTREME RISK PROTECTION ORDER,
ANY NOTICE OF HEARING PREPARED BY THE COURT, ALONG WITH  ANY  ASSOCIATED
PAPERS   INCLUDING   THE  PETITION  AND  ANY  SUPPORTING  DOCUMENTATION,
PROVIDED, THAT THE COURT MAY REDACT THE ADDRESS AND CONTACT  INFORMATION
OF THE PETITIONER FROM SUCH APPLICATION AND PAPERS WHERE THE COURT FINDS
THAT  DISCLOSURE OF SUCH ADDRESS OR OTHER CONTACT INFORMATION WOULD POSE
AN UNREASONABLE RISK TO THE HEALTH OR SAFETY OF THE PETITIONER.
  (B) THE COURT SHALL PROVIDE COPIES OF SUCH DOCUMENTS TO THE  APPROPRI-
ATE  LAW ENFORCEMENT AGENCY SERVING THE JURISDICTION OF THE RESPONDENT'S
RESIDENCE WITH A DIRECTION THAT SUCH DOCUMENTS BE PROMPTLY SERVED, AT NO
COST TO THE PETITIONER, ON THE RESPONDENT; PROVIDED, HOWEVER,  THAT  THE
PETITIONER  MAY  VOLUNTARILY ARRANGE FOR SERVICE OF COPIES OF SUCH ORDER
AND ASSOCIATED PAPERS THROUGH A THIRD PARTY, SUCH AS A LICENSED  PROCESS
SERVER.
  7.  (A) THE COURT SHALL NOTIFY THE DIVISION OF STATE POLICE, ANY OTHER
LAW ENFORCEMENT AGENCY WITH JURISDICTION, ALL APPLICABLE LICENSING OFFI-
CERS, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES OF THE ISSUANCE OF A
TEMPORARY EXTREME RISK PROTECTION ORDER AND PROVIDE A COPY OF SUCH ORDER
NO LATER THAN THE NEXT BUSINESS DAY AFTER  ISSUING  THE  ORDER  TO  SUCH
PERSONS  OR  AGENCIES. THE COURT ALSO SHALL PROMPTLY NOTIFY SUCH PERSONS
AND AGENCIES AND PROVIDE A COPY OF ANY ORDER AMENDING OR  REVOKING  SUCH
PROTECTION ORDER OR RESTORING THE RESPONDENT'S ABILITY TO OWN OR POSSESS
FIREARMS,  RIFLES  OR SHOTGUNS NO LATER THAN THE NEXT BUSINESS DAY AFTER
ISSUING THE ORDER TO RESTORE SUCH RIGHT TO  THE  RESPONDENT.  THE  COURT
ALSO  SHALL  REPORT SUCH DEMOGRAPHIC DATA AS REQUIRED BY THE STATE DIVI-
SION OF CRIMINAL JUSTICE SERVICES AT THE TIME SUCH ORDER IS  TRANSMITTED
THERETO.  ANY  NOTICE  OR  REPORT SUBMITTED PURSUANT TO THIS SUBDIVISION
SHALL BE IN AN ELECTRONIC FORMAT, IN A MANNER PRESCRIBED BY THE DIVISION
OF CRIMINAL JUSTICE SERVICES.
  (B) UPON RECEIVING NOTICE OF THE ISSUANCE OF A TEMPORARY EXTREME  RISK
PROTECTION  ORDER, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL IMME-
DIATELY REPORT THE EXISTENCE OF SUCH ORDER  TO  THE  FEDERAL  BUREAU  OF
INVESTIGATION  TO  ALLOW  THE BUREAU TO IDENTIFY PERSONS PROHIBITED FROM
PURCHASING FIREARMS, RIFLES OR SHOTGUNS. THE DIVISION SHALL  ALSO  IMME-
DIATELY  REPORT  TO  THE  BUREAU  THE  EXPIRATION OF ANY SUCH PROTECTION
ORDER, ANY COURT ORDER AMENDING OR REVOKING  SUCH  PROTECTION  ORDER  OR
RESTORING THE RESPONDENT'S ABILITY TO PURCHASE A FIREARM, RIFLE OR SHOT-
GUN.
  8.  A  LAW  ENFORCEMENT  OFFICER  SERVING  A  TEMPORARY  EXTREME  RISK
PROTECTION ORDER SHALL REQUEST THAT THE RESPONDENT IMMEDIATELY SURRENDER

S. 1505                            86                            A. 2005

TO THE OFFICER ALL FIREARMS, RIFLES AND  SHOTGUNS  IN  THE  RESPONDENT'S
POSSESSION AND THE OFFICER SHALL CONDUCT ANY SEARCH PERMITTED BY LAW FOR
SUCH  FIREARMS. THE LAW ENFORCEMENT OFFICER SHALL TAKE POSSESSION OF ALL
FIREARMS,  RIFLES  AND  SHOTGUNS THAT ARE SURRENDERED, THAT ARE IN PLAIN
SIGHT, OR THAT ARE DISCOVERED PURSUANT TO A LAWFUL SEARCH.   AS PART  OF
THE  ORDER,  THE  COURT  MAY  ALSO DIRECT A POLICE OFFICER TO SEARCH FOR
FIREARMS, RIFLES AND SHOTGUNS IN THE RESPONDENT'S POSSESSION IN A MANNER
CONSISTENT WITH THE PROCEDURES OF ARTICLE  SIX  HUNDRED  NINETY  OF  THE
CRIMINAL PROCEDURE LAW.
  9. UPON ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER, OR UPON
SETTING  A  HEARING  FOR  A  FINAL EXTREME RISK PROTECTION ORDER WHERE A
TEMPORARY ORDER IS DENIED OR NOT REQUESTED, THE COURT SHALL  DIRECT  THE
LAW  ENFORCEMENT  AGENCY  HAVING  JURISDICTION  TO  CONDUCT A BACKGROUND
INVESTIGATION AND REPORT TO THE COURT AND, SUBJECT  TO  ANY  APPROPRIATE
REDACTIONS  TO  PROTECT  ANY  PERSON,  EACH  PARTY REGARDING WHETHER THE
RESPONDENT:
  (A) HAS ANY PRIOR CRIMINAL CONVICTION FOR AN OFFENSE INVOLVING  DOMES-
TIC VIOLENCE, USE OF A WEAPON, OR OTHER VIOLENCE;
  (B) HAS ANY CRIMINAL CHARGE OR VIOLATION CURRENTLY PENDING AGAINST HIM
OR HER;
  (C) IS CURRENTLY ON PAROLE OR PROBATION;
  (D) POSSESSES ANY REGISTERED FIREARMS, RIFLES OR SHOTGUNS; AND
  (E)  HAS  BEEN,  OR  IS,  SUBJECT  TO  ANY  ORDER OF PROTECTION OR HAS
VIOLATED OR ALLEGEDLY VIOLATED ANY ORDER OF PROTECTION.
  § 6343. ISSUANCE OF A FINAL  EXTREME  RISK  PROTECTION  ORDER.  1.  IN
ACCORDANCE  WITH  THIS  ARTICLE,  NO SOONER THAN THREE BUSINESS DAYS NOR
LATER THAN SIX BUSINESS DAYS AFTER SERVICE OF A TEMPORARY  EXTREME  RISK
PROTECTION  ORDER  AND,  ALTERNATIVELY,  NO LATER THAN TEN BUSINESS DAYS
AFTER SERVICE OF AN APPLICATION UNDER THIS ARTICLE  WHERE  NO  TEMPORARY
EXTREME  RISK  PROTECTION ORDER HAS BEEN ISSUED, THE SUPREME COURT SHALL
HOLD A HEARING TO DETERMINE  WHETHER  TO  ISSUE  A  FINAL  EXTREME  RISK
PROTECTION ORDER AND, WHEN APPLICABLE, WHETHER A FIREARM, RIFLE OR SHOT-
GUN  SURRENDERED  BY, OR REMOVED FROM, THE RESPONDENT SHOULD BE RETURNED
TO THE RESPONDENT. THE RESPONDENT SHALL BE ENTITLED  TO  MORE  THAN  SIX
BUSINESS  DAYS  IF  A  TEMPORARY  EXTREME RISK PROTECTION ORDER HAS BEEN
ISSUED AND THE RESPONDENT REQUESTS A  REASONABLE  PERIOD  OF  ADDITIONAL
TIME  TO  PREPARE  FOR  THE  HEARING.  WHERE NO TEMPORARY ORDER HAS BEEN
ISSUED, THE RESPONDENT MAY REQUEST, AND THE COURT MAY GRANT,  ADDITIONAL
TIME  BEYOND  THE  TEN  DAYS  TO ALLOW THE RESPONDENT TO PREPARE FOR THE
HEARING.
  2. AT THE HEARING PURSUANT TO SUBDIVISION ONE  OF  THIS  SECTION,  THE
PETITIONER  SHALL  HAVE  THE  BURDEN OF PROVING, BY CLEAR AND CONVINCING
EVIDENCE, THAT THE RESPONDENT IS LIKELY TO ENGAGE IN CONDUCT THAT  WOULD
RESULT  IN  SERIOUS  HARM  TO  HIMSELF, HERSELF OR OTHERS, AS DEFINED IN
PARAGRAPH ONE OR TWO OF SUBDIVISION (A) OF SECTION 9.39  OF  THE  MENTAL
HYGIENE  LAW.  THE  COURT  MAY  CONSIDER  THE  PETITION AND ANY EVIDENCE
SUBMITTED BY THE PETITIONER, ANY EVIDENCE SUBMITTED BY  THE  RESPONDENT,
ANY  TESTIMONY PRESENTED, AND THE REPORT OF THE RELEVANT LAW ENFORCEMENT
AGENCY SUBMITTED PURSUANT TO SUBDIVISION  NINE  OF  SECTION  SIXTY-THREE
HUNDRED  FORTY-TWO  OF  THIS  ARTICLE. THE COURT SHALL ALSO CONSIDER THE
FACTORS SET FORTH IN SUBDIVISION  TWO  OF  SECTION  SIXTY-THREE  HUNDRED
FORTY-TWO OF THIS ARTICLE.
  3.  (A) AFTER THE HEARING PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
THE COURT SHALL ISSUE A WRITTEN ORDER GRANTING OR  DENYING  THE  EXTREME
RISK  PROTECTION  ORDER  AND SETTING FORTH THE REASONS FOR SUCH DETERMI-
NATION. IF THE EXTREME RISK PROTECTION ORDER IS GRANTED, THE COURT SHALL

S. 1505                            87                            A. 2005

DIRECT SERVICE OF SUCH ORDER IN THE MANNER AND IN  ACCORDANCE  WITH  THE
PROTECTIONS  FOR  THE PETITIONER SET FORTH IN SUBDIVISION SIX OF SECTION
SIXTY-THREE HUNDRED FORTY-TWO OF THIS ARTICLE.
  (B)  UPON  ISSUANCE  OF  AN  EXTREME  RISK  PROTECTION  ORDER: (I) ANY
FIREARM, RIFLE OR SHOTGUN REMOVED PURSUANT TO A TEMPORARY  EXTREME  RISK
PROTECTION ORDER OR SUCH EXTREME RISK PROTECTION ORDER SHALL BE RETAINED
BY  THE  LAW  ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE DURATION OF
THE ORDER, UNLESS OWNERSHIP OF THE FIREARM, RIFLE OR SHOTGUN IS  LEGALLY
TRANSFERRED  BY THE RESPONDENT TO ANOTHER INDIVIDUAL PERMITTED BY LAW TO
OWN AND POSSESS SUCH FIREARM, RIFLE OR SHOTGUN; (II) THE  SUPREME  COURT
SHALL  TEMPORARILY SUSPEND ANY EXISTING FIREARM LICENSE POSSESSED BY THE
RESPONDENT AND ORDER THE RESPONDENT TEMPORARILY INELIGIBLE  FOR  SUCH  A
LICENSE;  (III)  THE  RESPONDENT  SHALL BE PROHIBITED FROM PURCHASING OR
POSSESSING, OR ATTEMPTING TO PURCHASE OR POSSESS, A  FIREARM,  RIFLE  OR
SHOTGUN; AND (IV) THE COURT SHALL DIRECT THE RESPONDENT TO SURRENDER ANY
FIREARM, RIFLE OR SHOTGUN IN HIS OR HER POSSESSION IN THE SAME MANNER AS
SET  FORTH  IN SUBDIVISION FIVE OF SECTION 530.14 OF THE CRIMINAL PROCE-
DURE LAW.
  (C) AN EXTREME RISK PROTECTION ORDER ISSUED IN  ACCORDANCE  WITH  THIS
SECTION  SHALL  EXTEND, AS SPECIFIED BY THE COURT, FOR A PERIOD OF UP TO
ONE YEAR FROM THE DATE OF THE ISSUANCE OF SUCH ORDER; PROVIDED, HOWEVER,
THAT IF SUCH ORDER WAS IMMEDIATELY PRECEDED BY THE ISSUANCE OF A  TEMPO-
RARY  EXTREME  RISK  PROTECTION  ORDER, THEN THE DURATION OF THE EXTREME
RISK PROTECTION ORDER SHALL BE MEASURED FROM THE  DATE  OF  ISSUANCE  OF
SUCH TEMPORARY EXTREME RISK PROTECTION ORDER.
  (D)  A LAW ENFORCEMENT OFFICER SERVING A FINAL EXTREME RISK PROTECTION
ORDER SHALL REQUEST THAT THE RESPONDENT  IMMEDIATELY  SURRENDER  TO  THE
OFFICER ALL FIREARMS, RIFLES AND SHOTGUNS IN THE RESPONDENT'S POSSESSION
AND  THE  OFFICER  SHALL  CONDUCT  ANY  SEARCH PERMITTED BY LAW FOR SUCH
FIREARMS. THE LAW ENFORCEMENT  OFFICER  SHALL  TAKE  POSSESSION  OF  ALL
FIREARMS,  RIFLES  AND  SHOTGUNS THAT ARE SURRENDERED, THAT ARE IN PLAIN
SIGHT, OR THAT ARE DISCOVERED PURSUANT TO A LAWFUL SEARCH.   AS PART  OF
THE  ORDER,  THE  COURT  MAY  ALSO DIRECT A POLICE OFFICER TO SEARCH FOR
FIREARMS, RIFLES AND SHOTGUNS IN A  RESPONDENT'S  POSSESSION  CONSISTENT
WITH THE PROCEDURES OF ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCE-
DURE LAW.
  4.  (A) THE COURT SHALL NOTIFY THE DIVISION OF STATE POLICE, ANY OTHER
LAW ENFORCEMENT AGENCY WITH JURISDICTION, ALL APPLICABLE LICENSING OFFI-
CERS, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES OF THE ISSUANCE OF A
FINAL EXTREME RISK PROTECTION ORDER AND PROVIDE A COPY OF SUCH ORDER  TO
SUCH  PERSONS  AND  AGENCIES  NO  LATER THAN THE NEXT BUSINESS DAY AFTER
ISSUING THE ORDER. THE COURT ALSO SHALL PROMPTLY NOTIFY SUCH PERSONS AND
AGENCIES AND PROVIDE A COPY OF  ANY  ORDER  AMENDING  OR  REVOKING  SUCH
PROTECTION ORDER OR RESTORING THE RESPONDENT'S ABILITY TO OWN OR POSSESS
FIREARMS,  RIFLES  OR SHOTGUNS NO LATER THAN THE NEXT BUSINESS DAY AFTER
ISSUING THE ORDER TO RESTORE SUCH RIGHT TO THE RESPONDENT. ANY NOTICE OR
REPORT SUBMITTED PURSUANT TO THIS SUBDIVISION SHALL BE IN AN  ELECTRONIC
FORMAT,  IN  A  MANNER  PRESCRIBED  BY  THE DIVISION OF CRIMINAL JUSTICE
SERVICES.
  (B) UPON RECEIVING NOTICE OF THE ISSUANCE  OF  A  FINAL  EXTREME  RISK
PROTECTION  ORDER, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL IMME-
DIATELY REPORT THE EXISTENCE OF SUCH ORDER  TO  THE  FEDERAL  BUREAU  OF
INVESTIGATION  TO  ALLOW  THE BUREAU TO IDENTIFY PERSONS PROHIBITED FROM
PURCHASING FIREARMS, RIFLES OR SHOTGUNS. THE DIVISION SHALL  ALSO  IMME-
DIATELY REPORT TO THE BUREAU THE EXPIRATION OF SUCH PROTECTION ORDER AND

S. 1505                            88                            A. 2005

ANY  COURT ORDER AMENDING OR REVOKING SUCH PROTECTION ORDER OR RESTORING
THE RESPONDENT'S ABILITY TO PURCHASE A FIREARM, RIFLE OR SHOTGUN.
  5.  (A)  IF,  IN  ACCORDANCE  WITH A TEMPORARY EXTREME RISK PROTECTION
ORDER, A FIREARM, RIFLE OR SHOTGUN HAS BEEN SURRENDERED  BY  OR  REMOVED
FROM  THE  RESPONDENT, AND THE SUPREME COURT SUBSEQUENTLY FINDS THAT THE
PETITIONER HAS NOT MET THE REQUIRED STANDARD OF PROOF, THE COURT'S FIND-
ING SHALL INCLUDE A WRITTEN ORDER, ISSUED TO ALL PARTIES, DIRECTING THAT
ANY FIREARM, RIFLE OR SHOTGUN SURRENDERED OR REMOVED  PURSUANT  TO  SUCH
TEMPORARY  ORDER  SHALL  BE  RETURNED  TO THE RESPONDENT, UPON A WRITTEN
FINDING THAT THERE IS NO LEGAL IMPEDIMENT TO THE RESPONDENT'S POSSESSION
OF SUCH FIREARM, RIFLE OR SHOTGUN.
  (B) IF ANY OTHER PERSON DEMONSTRATES THAT HE  OR  SHE  IS  THE  LAWFUL
OWNER  OF  ANY FIREARM, RIFLE OR SHOTGUN SURRENDERED OR REMOVED PURSUANT
TO A PROTECTION ORDER  ISSUED  IN  ACCORDANCE  WITH  THIS  ARTICLE,  AND
PROVIDED  THAT  THE  COURT  HAS  MADE A WRITTEN FINDING THAT THERE IS NO
LEGAL IMPEDIMENT TO THE PERSON'S POSSESSION OF A SURRENDERED OR  REMOVED
FIREARM,  RIFLE  OR  SHOTGUN,  THE COURT SHALL DIRECT THAT SUCH FIREARM,
RIFLE OR SHOTGUN BE RETURNED TO SUCH LAWFUL OWNER AND INFORM SUCH PERSON
OF THE OBLIGATION TO SAFELY STORE SUCH FIREARM,  RIFLE,  OR  SHOTGUN  IN
ACCORDANCE WITH SECTION 265.45 OF THE PENAL LAW.
  6.  THE  RESPONDENT  SHALL BE NOTIFIED ON THE RECORD AND IN WRITING BY
THE COURT THAT HE OR SHE MAY SUBMIT ONE WRITTEN  REQUEST,  AT  ANY  TIME
DURING  THE  EFFECTIVE PERIOD OF AN EXTREME RISK PROTECTION ORDER, FOR A
HEARING SETTING ASIDE ANY PORTION OF SUCH ORDER. THE  REQUEST  SHALL  BE
SUBMITTED IN SUBSTANTIALLY THE SAME FORM AND MANNER AS PRESCRIBED BY THE
CHIEF  ADMINISTRATOR  OF  THE COURTS. UPON SUCH REQUEST, THE COURT SHALL
PROMPTLY HOLD A HEARING, IN ACCORDANCE WITH THIS ARTICLE, AFTER  PROVID-
ING  REASONABLE NOTICE TO THE PETITIONER.  THE RESPONDENT SHALL BEAR THE
BURDEN TO PROVE, BY CLEAR AND CONVINCING EVIDENCE, ANY CHANGE OF CIRCUM-
STANCES THAT MAY JUSTIFY A CHANGE TO THE ORDER.
  § 6344. SURRENDER AND REMOVAL OF FIREARMS, RIFLES AND SHOTGUNS  PURSU-
ANT TO AN EXTREME RISK PROTECTION ORDER. 1. WHEN A LAW ENFORCEMENT OFFI-
CER  TAKES ANY FIREARM, RIFLE OR SHOTGUN PURSUANT TO A TEMPORARY EXTREME
RISK PROTECTION ORDER OR A FINAL  EXTREME  RISK  PROTECTION  ORDER,  THE
OFFICER  SHALL GIVE TO THE PERSON FROM WHOM SUCH FIREARM, RIFLE OR SHOT-
GUN IS TAKEN A RECEIPT OR VOUCHER FOR THE PROPERTY TAKEN, DESCRIBING THE
PROPERTY IN DETAIL. IN THE ABSENCE OF A PERSON, THE OFFICER SHALL  LEAVE
THE RECEIPT OR VOUCHER IN THE PLACE WHERE THE PROPERTY WAS FOUND, MAIL A
COPY  OF THE RECEIPT OR VOUCHER, RETAINING PROOF OF MAILING, TO THE LAST
KNOWN ADDRESS OF THE RESPONDENT AND, IF  DIFFERENT,  THE  OWNER  OF  THE
FIREARM,  RIFLE  OR  SHOTGUN, AND FILE A COPY OF SUCH RECEIPT OR VOUCHER
WITH THE COURT. ALL FIREARMS, RIFLES AND SHOTGUNS IN THE POSSESSION OF A
LAW ENFORCEMENT OFFICIAL PURSUANT TO THIS ARTICLE SHALL  BE  SUBJECT  TO
THE  PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO SUBDIVI-
SION SIX OF SECTION 400.05 OF THE PENAL LAW; PROVIDED, HOWEVER, THAT ANY
SUCH FIREARM, RIFLE OR SHOTGUN SHALL BE RETAINED AND NOT DISPOSED OF  BY
THE  LAW ENFORCEMENT AGENCY FOR AT LEAST TWO YEARS UNLESS LEGALLY TRANS-
FERRED BY THE RESPONDENT TO AN INDIVIDUAL PERMITTED BY LAW  TO  OWN  AND
POSSESS SUCH FIREARM, RIFLE OR SHOTGUN.
  2.  IF THE LOCATION TO BE SEARCHED DURING THE EXECUTION OF A TEMPORARY
EXTREME RISK PROTECTION ORDER OR EXTREME RISK PROTECTION ORDER IS JOINT-
LY OCCUPIED BY TWO OR MORE PARTIES, AND  A  FIREARM,  RIFLE  OR  SHOTGUN
LOCATED  DURING  THE  EXECUTION OF SUCH ORDER IS OWNED BY A PERSON OTHER
THAN THE RESPONDENT, THE COURT SHALL, UPON A WRITTEN FINDING THAT  THERE
IS  NO  LEGAL  IMPEDIMENT  TO  THE  PERSON  OTHER  THAN THE RESPONDENT'S
POSSESSION OF SUCH FIREARM, RIFLE OR SHOTGUN, ORDER THE RETURN  OF  SUCH

S. 1505                            89                            A. 2005

FIREARM, RIFLE OR SHOTGUN TO SUCH LAWFUL OWNER AND INFORM SUCH PERSON OF
THEIR  OBLIGATION  TO  SAFELY  STORE THEIR FIREARM, RIFLE, OR SHOTGUN IN
ACCORDANCE WITH SECTION 265.45 OF THE PENAL LAW.
  §  6345.  REQUEST  FOR RENEWAL OF AN EXTREME RISK PROTECTION ORDER. 1.
IF A PETITIONER BELIEVES A PERSON SUBJECT TO AN EXTREME RISK  PROTECTION
ORDER  CONTINUES  TO BE LIKELY TO ENGAGE IN CONDUCT THAT WOULD RESULT IN
SERIOUS HARM TO HIMSELF, HERSELF, OR OTHERS, AS DEFINED IN PARAGRAPH ONE
OR TWO OF SUBDIVISION (A) OF SECTION 9.39 OF  THE  MENTAL  HYGIENE  LAW,
SUCH  PETITIONER MAY, AT ANY TIME WITHIN SIXTY DAYS PRIOR TO THE EXPIRA-
TION OF SUCH EXISTING EXTREME RISK PROTECTION ORDER, INITIATE A  REQUEST
FOR  A  RENEWAL OF SUCH ORDER, SETTING FORTH THE FACTS AND CIRCUMSTANCES
NECESSITATING THE REQUEST. THE CHIEF ADMINISTRATOR OF THE  COURTS  SHALL
ADOPT  FORMS  THAT MAY BE USED FOR PURPOSES OF SUCH APPLICATIONS AND THE
COURT'S CONSIDERATION OF SUCH APPLICATIONS. THE COURT MAY ISSUE A TEMPO-
RARY EXTREME RISK PROTECTION ORDER IN  ACCORDANCE  WITH  SECTION  SIXTY-
THREE  HUNDRED  FORTY-TWO  OF  THIS  ARTICLE,  DURING  THE PERIOD THAT A
REQUEST FOR RENEWAL OF AN EXTREME RISK PROTECTION ORDER IS UNDER CONSID-
ERATION PURSUANT TO THIS SECTION.
  2. A HEARING HELD PURSUANT TO THIS SECTION SHALL BE CONDUCTED  IN  THE
SUPREME  COURT,  IN  ACCORDANCE  WITH SECTION SIXTY-THREE HUNDRED FORTY-
THREE OF THIS ARTICLE, TO DETERMINE IF A  REQUEST  FOR  RENEWAL  OF  THE
ORDER  SHALL  BE  GRANTED.  THE  RESPONDENT SHALL BE SERVED WITH WRITTEN
NOTICE OF AN APPLICATION FOR RENEWAL A REASONABLE TIME BEFORE THE  HEAR-
ING,  AND  SHALL  BE AFFORDED AN OPPORTUNITY TO FULLY PARTICIPATE IN THE
HEARING. THE COURT SHALL DIRECT SERVICE  OF  SUCH  APPLICATION  AND  THE
ACCOMPANYING PAPERS IN THE MANNER AND IN ACCORDANCE WITH THE PROTECTIONS
FOR  THE  PETITIONER SET FORTH IN SUBDIVISION SIX OF SECTION SIXTY-THREE
HUNDRED FORTY-TWO OF THIS ARTICLE.
  §  6346.  EXPIRATION  OF  AN  EXTREME  RISK  PROTECTION  ORDER.  1.  A
PROTECTION ORDER ISSUED PURSUANT TO THIS ARTICLE, AND ALL RECORDS OF ANY
PROCEEDINGS  CONDUCTED  PURSUANT  TO  THIS ARTICLE, SHALL BE SEALED UPON
EXPIRATION OF SUCH ORDER  AND  THE  CLERK  OF  THE  COURT  WHEREIN  SUCH
PROCEEDINGS  WERE CONDUCTED SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF
THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE HEADS OF ALL  APPROPRIATE
POLICE  DEPARTMENTS, APPLICABLE LICENSING OFFICERS, AND ALL OTHER APPRO-
PRIATE LAW ENFORCEMENT AGENCIES THAT THE ORDER HAS EXPIRED AND THAT  THE
RECORD  OF  SUCH PROTECTION ORDER SHALL BE SEALED AND NOT BE MADE AVAIL-
ABLE TO ANY PERSON OR PUBLIC OR PRIVATE ENTITY, EXCEPT THAT SUCH RECORDS
SHALL BE MADE AVAILABLE TO:
  (A) THE RESPONDENT OR THE RESPONDENT'S DESIGNATED AGENT;
  (B) COURTS IN THE UNIFIED COURT SYSTEM;
  (C) POLICE FORCES AND DEPARTMENTS HAVING RESPONSIBILITY  FOR  ENFORCE-
MENT OF THE GENERAL CRIMINAL LAWS OF THE STATE;
  (D)  ANY  STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE
ISSUANCE OF LICENSES TO POSSESS A FIREARM, RIFLE OR  SHOTGUN,  WHEN  THE
RESPONDENT HAS MADE APPLICATION FOR SUCH A LICENSE; AND
  (E)  ANY  PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS
THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR  OF
SECTION  1.20  OF THE CRIMINAL PROCEDURE LAW, IN RELATION TO AN APPLICA-
TION FOR EMPLOYMENT AS A POLICE  OFFICER  OR  PEACE  OFFICER;  PROVIDED,
HOWEVER,  THAT  EVERY  PERSON  WHO  IS  AN APPLICANT FOR THE POSITION OF
POLICE OFFICER OR PEACE OFFICER SHALL BE FURNISHED WITH A  COPY  OF  ALL
RECORDS  OBTAINED UNDER THIS SUBPARAGRAPH AND AFFORDED AN OPPORTUNITY TO
MAKE AN EXPLANATION THERETO.
  2. UPON EXPIRATION OF A PROTECTION ORDER ISSUED PURSUANT TO THIS ARTI-
CLE AND UPON WRITTEN APPLICATION OF THE RESPONDENT WHO IS THE SUBJECT OF

S. 1505                            90                            A. 2005

SUCH ORDER, WITH NOTICE AND OPPORTUNITY TO BE HEARD  TO  THE  PETITIONER
AND  EVERY  LICENSING  OFFICER  RESPONSIBLE  FOR  ISSUANCE  OF A FIREARM
LICENSE TO THE SUBJECT OF THE ORDER PURSUANT TO ARTICLE FOUR HUNDRED  OF
THE  PENAL LAW, AND UPON A WRITTEN FINDING THAT THERE IS NO LEGAL IMPED-
IMENT TO THE RESPONDENT'S POSSESSION OF A SURRENDERED FIREARM, RIFLE  OR
SHOTGUN, THE COURT SHALL ORDER THE RETURN OF A FIREARM, RIFLE OR SHOTGUN
NOT  OTHERWISE DISPOSED OF IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION
SIXTY-THREE HUNDRED FORTY-FOUR OF THIS ARTICLE. WHEN ISSUING SUCH  ORDER
IN  CONNECTION  WITH  ANY FIREARM SUBJECT TO A LICENSE REQUIREMENT UNDER
ARTICLE FOUR HUNDRED OF THE PENAL LAW, IF THE LICENSING OFFICER  INFORMS
THE  COURT  THAT  HE  OR  SHE WILL SEEK TO REVOKE THE LICENSE, THE ORDER
SHALL BE STAYED BY THE COURT UNTIL THE CONCLUSION OF ANY LICENSE REVOCA-
TION PROCEEDING.
  §  6347.  EFFECT  OF  FINDINGS  AND   DETERMINATIONS   IN   SUBSEQUENT
PROCEEDINGS.   NOTWITHSTANDING ANY CONTRARY CLAIM BASED ON COMMON LAW OR
A PROVISION OF ANY OTHER LAW, NO FINDING OR DETERMINATION MADE  PURSUANT
TO  THIS  ARTICLE  SHALL BE INTERPRETED AS BINDING, OR HAVING COLLATERAL
ESTOPPEL OR SIMILAR EFFECT, IN ANY OTHER ACTION OR PROCEEDING,  OR  WITH
RESPECT  TO  ANY  OTHER DETERMINATION OR FINDING, IN ANY COURT, FORUM OR
ADMINISTRATIVE PROCEEDING.
  § 2. Section 265.45 of the penal law, as amended by section 3 of  part
FF of chapter 57 of the laws of 2013, is amended to read as follows:
§ 265.45 Safe storage of rifles, shotguns, and firearms.
  No  person who owns or is custodian of a rifle, shotgun or firearm who
resides with an individual who such person knows or has reason  to  know
is  prohibited  from possessing a firearm pursuant to 18 U.S.C. § 922(g)
(1), (4), (8) or (9), OR PURSUANT TO A TEMPORARY OR FINAL  EXTREME  RISK
PROTECTION  ORDER  ISSUED UNDER ARTICLE SIXTY-THREE-A OF THE CIVIL PRAC-
TICE LAW AND RULES, shall store or otherwise leave such  rifle,  shotgun
or  firearm  out  of  his or her immediate possession or control without
having first securely locked such rifle, shotgun or firearm in an appro-
priate safe storage depository or rendered it incapable of  being  fired
by  use of a gun locking device appropriate to that weapon. For purposes
of this section "safe storage depository" shall mean  a  safe  or  other
secure  container which, when locked, is incapable of being opened with-
out the key, combination or other unlocking mechanism and is capable  of
preventing   an   unauthorized  person  from  obtaining  access  to  and
possession of the weapon contained therein. With respect to a person who
is prohibited from possessing a firearm pursuant to 18 USC §  922(g)(9),
for  purposes  of this section, this section applies only if such person
has been convicted of a crime included in  subdivision  one  of  section
370.15  of  the  criminal procedure law and such gun is possessed within
five years from the later of the date of  conviction  or  completion  of
sentence.  Nothing  in this section shall be deemed to affect, impair or
supersede any special or local act  relating  to  the  safe  storage  of
rifles, shotguns or firearms which impose additional requirements on the
owner or custodian of such weapons.
  A violation of this section shall constitute a class A misdemeanor.
  §  3.  If  any part or provision of this act is adjudged by a court of
competent jurisdiction to be unconstitutional or otherwise invalid, such
judgment shall not affect or impair any other part of provision of  this
act, but shall be confined in its operation to such part or provision.
  § 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

                                 PART AA

S. 1505                            91                            A. 2005

  Section  1.  This part enacts into law major components of legislation
which are necessary to reform the manner in which New York state pursues
justice before trial. This state, like most across  the  United  States,
has  for  far too long needlessly incarcerated those meant to be guaran-
teed  a  presumption  of innocence simply because of an inability to pay
bail and have forced those same people to choose between facing  lengthy
prison  sentences  or  a speedy return to society without providing them
with sufficient information regarding the case against them.  This  Part
will  usher  into New York true reforms in the areas of bail, discovery,
and speedy trial. Each component is wholly contained  within  a  Subpart
identified  as Subparts A through C. The effective date for each partic-
ular provision contained within such Subpart is set forth  in  the  last
section  of such Subpart.  Any provision in any section contained within
a Subpart, including the effective date of the Subpart,  which  makes  a
reference  to a section "of this act", when used in connection with that
particular component, shall be deemed to mean and refer  to  the  corre-
sponding section of the Subpart in which it is found.

                                SUBPART A

  Section  1.  Legislative  findings. The legislature finds and declares
that there is a present need to revise New York's procedures  regulating
release  of  persons  charged  with criminal offenses pending trial, set
forth in title P of the criminal procedure law, so that fewer  presumed-
innocent people are held behind bars pretrial.  First, the bill requires
the police to issue appearance tickets in misdemeanor and class E felony
cases,  with  enumerated  exceptions, so that fewer people spend time in
jail before arraignment. Then after arraignment,  the  bill  breaks  the
link  between  paying  money and earning freedom, so that defendants are
either released on their own recognizance  or,  failing  that,  released
under  non-monetary conditions. The bill also revises the existing proc-
ess of remanding individuals in jail  before  trial,  so  that  pretrial
detention  can  be  ordered only in limited cases involving high risk of
flight or a current risk to the physical safety of  a  reasonably  iden-
tifiable  person  or  persons, and the order comports with Supreme Court
jurisprudence regarding required substantive and procedural due  process
before detention.
  § 2. Subdivision 1 of section 150.20 of the criminal procedure law, as
amended  by  chapter  550  of  the  laws  of 1987, is amended to read as
follows:
  1. (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 of the penal law, he [may]
SHALL, EXCEPT AS SET OUT IN PARAGRAPH (B) 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.
  (B)  AN  OFFICER  IS NOT REQUIRED TO ISSUE AN APPEARANCE TICKET IF THE
PERSON:
  (I) HAS ONE OR MORE OUTSTANDING WARRANTS;
  (II)  HAS  A  DOCUMENTED  HISTORY  OF  FAILURE  TO  APPEAR  IN   COURT
PROCEEDINGS;
  (III) HAS BEEN GIVEN A REASONABLE OPPORTUNITY TO MAKE THEIR VERIFIABLE
IDENTITY AND A METHOD OF CONTACT KNOWN, AND HAS BEEN UNABLE OR UNWILLING

S. 1505                            92                            A. 2005

TO  DO  SO, SO THAT A CUSTODIAL ARREST IS NECESSARY TO SUBJECT THE INDI-
VIDUAL TO THE JURISDICTION OF THE COURT;
  (IV)  IS  CHARGED  WITH A CRIME OR OFFENSE BETWEEN MEMBERS OF THE SAME
FAMILY OR HOUSEHOLD, AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11  OF
THIS CHAPTER;
  (V)  IS  CHARGED  WITH  A CRIME OR OFFENSE INVOLVING SEXUAL MISCONDUCT
UNDER SECTION 130.00 OF THE PENAL LAW;
  (VI) SHOULD, IN THE OFFICER'S ESTIMATION, BE BROUGHT BEFORE THE  COURT
FOR  CONSIDERATION  OF  ISSUANCE  OF AN ORDER OF PROTECTION, PURSUANT TO
SECTION 530.13 OF THIS CHAPTER, BASED ON  THE  FACTS  OF  THE  CRIME  OR
OFFENSE THAT THE OFFICER HAS REASONABLE CAUSE TO BELIEVE OCCURRED;
  (VII) SHOULD, IN THE OFFICER'S ESTIMATION, BE BROUGHT BEFORE THE COURT
FOR  CONSIDERATION OF COURT-ORDERED RESTRICTIONS ON OPERATION OF A MOTOR
VEHICLE, BASED ON THE FACTS OF THE CRIME OR OFFENSE THAT THE OFFICER HAS
REASONABLE CAUSE TO BELIEVE OCCURRED;
  (VIII) SHOULD, IN THE OFFICER'S  ESTIMATION,  BE  BROUGHT  BEFORE  THE
COURT  FOR  CONSIDERATION  OF  COURT  ORDERED  MEDICAL  OR MENTAL HEALTH
ASSESSMENT, BASED ON THE FACTS OF THE ALLEGED CRIME OR OFFENSE THAT  THE
OFFICER HAS REASONABLE CAUSE TO BELIEVE OCCURRED AND THE OBSERVED BEHAV-
IOR OF THE INDIVIDUAL WHEN IN CONTACT WITH THE POLICE; OR
  (IX)  IS  UNLIKELY TO RETURN TO COURT ON THE RETURN DATE OF AN APPEAR-
ANCE TICKET FOR REASONS SPECIFIC TO THE FACTS OF THE CASE THAT THE OFFI-
CER CAN ARTICULATE IN THE INFORMATION OR  MISDEMEANOR  COMPLAINT.  THESE
REASONS  CANNOT RELY SOLELY ON THE DEFENDANT'S PRIOR CRIMINAL HISTORY OR
PLACE OF RESIDENCE.
  § 3. Section 150.30 of the criminal procedure law is REPEALED.
  § 4. Subdivision 1 of section 150.40 of the criminal procedure law  is
amended to read as follows:
  1.  An  appearance ticket must be made returnable AT A DATE AS SOON AS
POSSIBLE, BUT IN NO EVENT LATER THAN TWENTY DAYS FROM THE DATE OF  ISSU-
ANCE. THE APPEARANCE TICKET SHALL BE MADE RETURNABLE in a local criminal
court  designated  in  section 100.55 OF THIS TITLE as one with which an
information for the offense in question may be filed.
  § 5. Subdivisions 1, 2, 4, 5 and 6 of section 500.10 of  the  criminal
procedure  law are amended and a new subdivision 3-a is added to read as
follows:
  1. "Principal" means a defendant in a criminal action  or  proceeding,
or  a person adjudged a material witness therein, or any other person so
involved therein that [he] THE PRINCIPAL may  by  law  be  compelled  to
appear  before  a  court  for  the purpose of having such court exercise
control over [his] THE PRINCIPAL'S person to secure  [his]  THE  PRINCI-
PAL'S  future  attendance at the action or proceeding when required, and
who in fact either is before the court for  such  purpose  or  has  been
before it and been subjected to such control.
  2.  "Release  on  own  recognizance."  A court releases a principal on
[his] THE PRINCIPAL'S own recognizance  when,  having  acquired  control
over  [his] THE PRINCIPAL'S person, it permits [him] THE PRINCIPAL to be
at liberty during the pendency of  the  criminal  action  or  proceeding
involved  upon  condition  that  [he]  THE PRINCIPAL will appear thereat
whenever [his] THE PRINCIPAL'S attendance may be required  and  will  at
all  times  render  [himself]  THE  PRINCIPAL amenable to the orders and
processes of the court.
  3-A. "RELEASE UNDER NON-MONETARY CONDITIONS". A COURT RELEASES A PRIN-
CIPAL UNDER NON-MONETARY CONDITIONS WHEN, HAVING ACQUIRED CONTROL OVER A
PERSON, IT PERMITS THE PERSON TO BE AT LIBERTY DURING  THE  PENDENCY  OF
THE  CRIMINAL  ACTION  UNDER CONDITIONS SET BY THE COURT, WHICH SHALL BE

S. 1505                            93                            A. 2005

THE LEAST RESTRICTIVE THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN
APPEARANCE IN COURT. SUCH CONDITIONS MAY INCLUDE, AMONG OTHERS, THAT THE
PRINCIPAL SHALL BE IN CONTACT WITH A PRETRIAL  SERVICES  AGENCY  SERVING
PRINCIPALS  IN  THAT COUNTY; THAT THE PRINCIPAL SHALL ABIDE BY SPECIFIED
RESTRICTIONS ON ASSOCIATION OR TRAVEL THAT ARE REASONABLY RELATED  TO  A
RISK  OF  FLIGHT FROM THE JURISDICTION; THAT THE PRINCIPAL SHALL REFRAIN
FROM POSSESSING A FIREARM, DESTRUCTIVE DEVICE OR OTHER DANGEROUS WEAPON;
THAT THE PERSON BE  PLACED  IN  PRETRIAL  SUPERVISION  WITH  A  PRETRIAL
SERVICES  AGENCY  SERVING  PRINCIPALS IN THAT COUNTY; THAT THE PERSON BE
MONITORED WITH AN APPROVED ELECTRONIC MONITORING DEVICE.    A  PRINCIPAL
SHALL  NOT  BE REQUIRED TO PAY FOR ANY PART OF THE COST OF RELEASE UNDER
NON-MONETARY CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ELECTRONIC MONI-
TORING.
  4. "Commit to the custody of the sheriff." A court commits a principal
to the custody of the sheriff when, having  acquired  control  over  his
person,  it  orders  that  he  be confined in the custody of the sheriff
[during the pendency of the  criminal  action  or  proceeding  involved]
PENDING  THE  OUTCOME OF A HEARING UNDER ARTICLE FIVE HUNDRED FORTY-FIVE
OF THIS TITLE, AS TO  WHETHER  THE  INDIVIDUAL  SHALL  BE  ORDERED  INTO
PRETRIAL DETENTION.
  5.  "Securing order" means an order of a court [committing a principal
to the custody of the sheriff, or fixing bail, or releasing him  on  his
own recognizance] THAT EITHER RELEASES A PRINCIPAL UNDER PERSONAL RECOG-
NIZANCE,  OR  RELEASES  THE PRINCIPAL UNDER NON-MONETARY CONDITIONS, ALL
WITH THE DIRECTION THAT THE PRINCIPAL RETURN TO COURT FOR  FUTURE  COURT
APPEARANCES AND TO BE AT ALL TIMES AMENDABLE TO THE ORDERS AND PROCESSES
OF THE COURT.
  6. ["Order of recognizance or bail" means a securing order releasing a
principal  on his own recognizance or fixing bail] "PRETRIAL DETENTION".
A COUNTY OR SUPERIOR COURT MAY COMMIT A PRINCIPAL TO PRETRIAL  DETENTION
IF,  AFTER  A  HEARING  AND MAKING SUCH FINDINGS AS SPECIFIED IN ARTICLE
FIVE HUNDRED FORTY-FIVE OF THIS TITLE, A JUDGE SO ORDERS DETENTION.
  § 6. 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; ALTERNATIVES AVAILABLE; STANDARD
           TO BE APPLIED.
  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]  SHALL,  by  a  securing  order[,
either  release  him  on his own recognizance, fix bail or commit him to
the custody of the sheriff.] RELEASE THE PRINCIPAL PENDING TRIAL ON  THE
PRINCIPAL'S  PERSONAL RECOGNIZANCE, UNLESS THE COURT FINDS ON THE RECORD
THAT RELEASE ON RECOGNIZANCE WILL NOT REASONABLY ASSURE THE INDIVIDUAL'S
COURT ATTENDANCE. IN SUCH INSTANCES, THE COURT WILL RELEASE THE INDIVID-
UAL UNDER  NON-MONETARY  CONDITIONS,  SELECTING  THE  LEAST  RESTRICTIVE
ALTERNATIVE  THAT  WILL  REASONABLY ASSURE THE PRINCIPAL'S COURT ATTEND-
ANCE.  THE COURT WILL SUPPORT ITS CHOICE OF ALTERNATIVE ON THE RECORD.
  2. NOTWITHSTANDING THE ABOVE, IN CASES WHERE THE PEOPLE INDICATE  THAT
THEY  INTEND  TO  MOVE FOR PRETRIAL DETENTION AS SET OUT IN ARTICLE FIVE
HUNDRED FORTY-FIVE OF THIS TITLE, THE COURT MAY COMMIT THE DEFENDANT  TO
THE  CUSTODY OF THE SHERIFF OR ISSUE A SECURING ORDER IN ACCORDANCE WITH
ARTICLE FIVE HUNDRED FORTY-FIVE OF THIS TITLE.
  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] THE PRINCIPAL is
still under the control of a court, a new securing order must be issued.

S. 1505                            94                            A. 2005

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  termi-
nation of the securing order.
  §  7.  Section 510.20 of the criminal procedure law is amended to read
as follows:
§ 510.20 [Application for recognizance or bail; making and determination
           thereof in general] APPLICATION  FOR  A  CHANGE  IN  SECURING
           ORDER BASED ON A MATERIAL CHANGE OF CIRCUMSTANCES.
  1.  Upon any occasion when a court [is required to issue] HAS ISSUED a
securing order with respect to a principal, [or at any time when a prin-
cipal is confined in the custody of the sheriff as a result of a  previ-
ously issued securing order, he] THE DEFENDANT OR THE PEOPLE may make an
application for [recognizance or bail] A DIFFERENT SECURING ORDER DUE TO
A MATERIAL CHANGE OF CIRCUMSTANCES.
  2. Upon such application, the principal OR THE PEOPLE must be accorded
an opportunity to be heard and to contend that [an order of recognizance
or  bail]  A  DIFFERENT  SECURING  ORDER 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]
BECAUSE, DUE TO A MATERIAL CHANGE IN CIRCUMSTANCES, THE CURRENT ORDER IS
EITHER TOO RESTRICTIVE OR NOT RESTRICTIVE ENOUGH TO REASONABLY ENSURE  A
DEFENDANT'S  APPEARANCE  IN COURT.   IN ACTING UPON SUCH AN APPLICATION,
THE COURT SHALL SELECT  THE  LEAST  RESTRICTIVE  ALTERNATIVE  THAT  WILL
REASONABLY ENSURE A COURT APPEARANCE.
  § 8. Section 510.30 of the criminal procedure law, subparagraph (v) of
paragraph  (a) of subdivision 2 as amended by chapter 920 of the laws of
1982, subparagraph (vi) of paragraph (a) of subdivision 2 as  renumbered
by  chapter 447 of the laws of 1977, subparagraph (vii) of paragraph (a)
of subdivision 2 as added and subparagraphs (viii) and (ix) of paragraph
(a) of subdivision 2 as renumbered by section 1 of part D of chapter 491
of the laws of 2012, and subdivision 3 as added by chapter  788  of  the
laws of 1981, is amended to read as follows:
§ 510.30 Application for [recognizance or bail] SECURING ORDER; rules of
           law and criteria controlling determination.
  [1. Determinations of applications for recognizance or bail are not in
all  cases discretionary but are subject to rules, prescribed in article
five hundred thirty and other provisions of  law  relating  to  specific
kinds  of  criminal  actions and proceedings, providing (a) that in some
circumstances such an application must as a matter of  law  be  granted,
(b)  that in others it must as a matter of law be denied and the princi-
pal committed to or retained in the custody of the sheriff, and (c) that
in others the granting  or  denial  thereof  is  a  matter  of  judicial
discretion.
  2. To the extent that the issuance of an order of recognizance or bail
and  the  terms thereof are matters of discretion rather than of law, an
application is determined on the basis  of  the  following  factors  and
criteria:
  (a)]  With  respect  to  any principal, the court IN ALL CASES, UNLESS
OTHERWISE PROVIDED BY LAW, must [consider the] IMPOSE THE LEAST RESTRIC-
TIVE kind and degree of control or  restriction  that  is  necessary  to
secure  [his]  THE PRINCIPAL'S court attendance when required. In deter-
mining that matter, the court must, on the basis of  available  informa-
tion, consider and take into account:
  [(i)  The  principal's character, reputation, habits and mental condi-
tion;

S. 1505                            95                            A. 2005

  (ii) His employment and financial resources; and
  (iii)  His  family  ties and the length of his residence if any in the
community; and
  (iv) His] 1. INFORMATION ABOUT THE PRINCIPAL THAT IS RELEVANT TO COURT
APPEARANCE, INCLUDING, BUT NOT LIMITED TO, THE  PRINCIPAL'S  ACTIVITIES,
HISTORY AND COMMUNITY TIES;
  2. IF THE PRINCIPAL IS A DEFENDANT, THE CHARGES FACING THE PRINCIPAL;
  3.  THE  PRINCIPAL'S  criminal  record if any; PROVIDED THAT THE COURT
MUST ALSO CONSIDER THE TIME THAT HAS ELAPSED SINCE THE OCCURRENCE OF THE
CRIME OR CRIMES AND THE AGE OF THE PRINCIPAL AT THE TIME OF  THE  OCCUR-
RENCE OF SUCH DELINQUENT OR YOUTHFUL OFFENDER CONDUCT; [and
  (v) His] 4. THE PRINCIPAL'S record of previous adjudication as a juve-
nile  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;  PROVIDED
THAT  THE  COURT  MUST ALSO CONSIDER THE TIME THAT HAS ELAPSED SINCE THE
OCCURRENCE OF THE CRIME OR CRIMES AND THE AGE OF THE  PRINCIPAL  AT  THE
TIME  OF THE OCCURRENCE OF SUCH DELINQUENT OR YOUTHFUL OFFENDER CONDUCT;
[and
  (vi) His] 5. THE PRINCIPAL'S previous record if any in  responding  to
court appearances when required or with respect to flight to avoid crim-
inal prosecution; [and
  (vii)  Where] 6. 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
following factors:
  [(A)]  (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 530.11 of this title, whether or not such order of protection is
currently in effect; and
  [(B)] (II) the principal's history of use or possession of a  firearm;
[and
  (viii)]  7.  If  [he]  THE PRINCIPAL is a defendant, the weight of the
evidence against [him] THE PRINCIPAL in the pending criminal action  and
any  other factor indicating probability or improbability of conviction;
or, in the case of an application for [bail  or  recognizance]  SECURING
ORDER pending appeal, the merit or lack of merit of the appeal; and
  [(ix)] 8. If [he] THE PRINCIPAL is a defendant, the sentence which may
be or has been imposed upon conviction[.
  (b)  Where  the principal is a defendant-appellant in a pending appeal
from a judgment of conviction, the court must also consider the  likeli-
hood  of  ultimate  reversal  of  the judgment. A determination that the
appeal is palpably without merit alone justifies, but does not  require,
a  denial  of the application, regardless of any determination made with
respect to the factors specified in paragraph (a).
  3. When bail or recognizance is ordered, the court  shall  inform  the
principal, if he is a defendant charged with the commission of a felony,
that  the release is conditional and that the court may revoke the order
of release and commit the principal to the custody  of  the  sheriff  in
accordance  with  the provisions of subdivision two of section 530.60 of
this chapter if he commits a subsequent felony  while  at  liberty  upon
such order.]; AND
  9.  IF THE PRINCIPAL IS A DEFENDANT-APPELLANT IN A PENDING APPEAL FROM
A JUDGMENT OF CONVICTION, THE COURT MUST ALSO CONSIDER THE LIKELIHOOD OF
ULTIMATE REVERSAL OF THE JUDGMENT. A DETERMINATION THAT  THE  APPEAL  IS

S. 1505                            96                            A. 2005

PALPABLY  WITHOUT  MERIT ALONE JUSTIFIES, BUT DOES NOT REQUIRE, A DENIAL
OF THE APPLICATION, REGARDLESS OF ANY DETERMINATION MADE WITH RESPECT TO
THE FACTORS SPECIFIED IN THIS PARAGRAPH.
  §  9.  Section 510.40 of the criminal procedure law is amended to read
as follows:
§ 510.40 [Application for recognizance or bail;  determination  thereof,
           form of securing order and execution thereof] NOTIFICATION TO
           PRINCIPAL BY COURT OF CONDITIONS OF RELEASE AND PENALTIES FOR
           VIOLATIONS OF RELEASE.
  1.  [An  application  for recognizance or bail must be determined by a
securing order which either:
  (a) Grants the application and  releases  the  principal  on  his  own
recognizance; or
  (b) Grants the application and fixes bail; or
  (c)  Denies  the  application and commits the principal to, or retains
him in, the custody of the sheriff.
  2.] Upon ordering that a principal be released on  [his]  THE  PRINCI-
PAL'S  own  recognizance, OR RELEASED UNDER NON-MONETARY CONDITIONS, the
court must direct [him] THE PRINCIPAL to appear in the  criminal  action
or  proceeding involved whenever [his] THE PRINCIPAL'S attendance may be
required and to [render himself] BE at all times amenable to the  orders
and  processes  of the court. IF THE PRINCIPAL IS A DEFENDANT, THE COURT
SHALL ALSO DIRECT THE DEFENDANT NOT TO COMMIT A CRIME WHILE  AT  LIBERTY
UPON  THE COURT'S SECURING ORDER. 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] THE PRINCIPAL be discharged from such custo-
dy [or, as the case may be, that his bail be exonerated].
  [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
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.]
  2. IF THE PRINCIPAL IS RELEASED  UNDER  NON-MONETARY  CONDITIONS,  THE
COURT SHALL, IN THE DOCUMENT AUTHORIZING THE PRINCIPAL'S RELEASE, NOTIFY
THE PRINCIPAL OF:
  (A)  ANY  OF  THE  CONDITIONS UNDER WHICH THE PRINCIPAL IS SUBJECT, IN
ADDITION TO THE DIRECTIONS IN SUBDIVISION ONE  OF  THIS  SECTION,  IN  A
MANNER SUFFICIENTLY CLEAR AND SPECIFIC TO SERVE AS A GUIDE FOR THE PRIN-
CIPAL'S CONDUCT; AND
  (B)  THE  CONSEQUENCES  FOR VIOLATION OF THOSE CONDITIONS, WHICH COULD
INCLUDE REVOKING OF THE SECURING ORDER, SETTING OF  A  MORE  RESTRICTIVE
SECURING  ORDER,  OR, AFTER A MOTION AND A HEARING PRESCRIBED IN ARTICLE
FIVE HUNDRED FORTY-FIVE OF THIS TITLE, PRETRIAL DETENTION.
  § 10. The criminal procedure law is amended by adding  a  new  section
510.41 to read as follows:
§ 510.41 PROVISIONS REGARDING NON-MONETARY CONDITIONS OF RELEASE.
  1.  NON-MONETARY  CONDITIONS  OF  RELEASE  SHALL, FOR EACH INDIVIDUAL,
REQUIRE THE LEAST DEGREE OF RESTRICTIONS OR REQUIRED ACTIONS  THAT  WILL
REASONABLY  ENSURE  THE  INDIVIDUAL'S  COURT ATTENDANCE. AT FUTURE COURT
APPEARANCES, THE COURT SHALL CONSIDER A LESSENING OF THE  CONDITIONS  OR

S. 1505                            97                            A. 2005

MODIFICATION  OF CONDITIONS TO A LESS BURDENSOME FORM BASED ON THE PRIN-
CIPAL'S COMPLIANCE WITH EXISTING CONDITIONS OF RELEASE.
  2.  (A) ELECTRONIC MONITORING OF A PRINCIPAL'S LOCATION MAY BE ORDERED
ONLY IF THE INDIVIDUAL IS CHARGED WITH A FELONY, OR A MISDEMEANOR  CRIME
INVOLVING  A  PERSON WHO IS A MEMBER OF THE SAME HOUSEHOLD AS DEFINED IN
SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE, AND IF THE COURT FINDS,
AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD AND AN INDIVIDUALIZED DETER-
MINATION EXPLAINED ON THE RECORD OR IN WRITING, THAT NO OTHER  NON-MONE-
TARY  CONDITION  OR  SETS OF CONDITIONS WILL REASONABLY ENSURE A PRINCI-
PAL'S RETURN TO COURT.
  (B) THE SPECIFIC METHOD OF ELECTRONIC MONITORING  OF  THE  PRINCIPAL'S
LOCATION MUST BE APPROVED BY THE COURT. IT MUST BE THE LEAST RESTRICTIVE
METHOD  AND PROCEDURE THAT WILL REASONABLY ENSURE THE PRINCIPAL'S RETURN
TO COURT, AND UNOBTRUSIVE TO THE GREATEST EXTENT POSSIBLE.
  (C) ELECTRONIC MONITORING ORDERS SHALL  BE  REVIEWED  AT  LEAST  EVERY
SIXTY  DAYS TO ASCERTAIN WHETHER THEY ARE THE LEAST RESTRICTIVE MEANS OF
REASONABLY ENSURING AN INDIVIDUAL'S COURT ATTENDANCE AND  WHETHER  THERE
ARE LESS BURDENSOME METHODS OF ENSURING SUCH ATTENDANCE.
  3.  IN THE EVENT OF NON COMPLIANCE WITH THE CONDITIONS OF RELEASE, THE
COURT, UPON MOTION BY THE PEOPLE AND ONLY AFTER AFFORDING THE  DEFENDANT
AND  DEFENDANT'S  COUNSEL  NOTICE  OF  THE  ALLEGED NONCOMPLIANCE AND AN
OPPORTUNITY TO BE HEARD, MAY REVOKE AND MODIFY THE  SECURING  ORDER.  IN
DETERMINING  WHETHER  TO REVOKE AND MODIFY THE SECURING ORDER, THE COURT
MUST CONSIDER THE FACTS, NATURE, WILLFULNESS, AND THE SERIOUSNESS OF THE
NONCOMPLIANCE. THE COURT MAY ONLY SET A MORE  RESTRICTIVE  CONDITION  OR
CONDITIONS  IF IT FINDS THAT SUCH CONDITIONS ARE NECESSARY TO REASONABLY
ENSURE THE DEFENDANT'S APPEARANCE IN COURT.
  § 11. The criminal procedure law is amended by adding  a  new  section
510.43 to read as follows:
§ 510.43 COURT APPEARANCES; ADDITIONAL NOTIFICATIONS.
  THE  COURT,  OR,  UPON  DIRECTION  OF  THE COURT, A CERTIFIED PRETRIAL
SERVICES AGENCY, SHALL, IN ADDITION TO VERBAL NOTIFICATIONS DURING COURT
APPEARANCES, MAKE BEST EFFORTS TO NOTIFY ALL PRINCIPALS  RELEASED  UNDER
RECOGNIZANCE  AND UNDER NON-MONETARY CONDITIONS OF ALL COURT APPEARANCES
IN ADVANCE BY TEXT MESSAGE, ELECTRONIC MAIL, PHONE CALL OR  FIRST  CLASS
MAIL.  THE CHIEF ADMINISTRATOR OF THE COURTS SHALL, PURSUANT TO SUBDIVI-
SION ONE OF SECTION 10.40 OF THIS CHAPTER, DEVELOP A FORM WHICH SHALL BE
OFFERED TO THE PRINCIPAL AT THE PRINCIPAL'S INITIAL COURT APPEARANCE, BY
WHICH THE PRINCIPAL MAY SELECT ONE SUCH PREFERRED METHOD OF NOTICE.  THE
FORM SHALL BE RETAINED IN THE COURT FILE. IN NO INSTANCE, HOWEVER, SHALL
THE  PRINCIPAL'S  FAILURE  TO  RECEIVE  SUCH ADDITIONAL NOTIFICATIONS IN
ADDITION TO VERBAL NOTIFICATION AT COURT APPEARANCES, CONSTITUTE GROUNDS
TO EXCUSE THE PRINCIPAL'S FAILURE TO APPEAR AT COURT PROCEEDINGS.
  § 12. The criminal procedure law is amended by adding  a  new  section
510.45 to read as follows:
§ 510.45 PRETRIAL SERVICE AGENCIES.
  1.  PRETRIAL  SERVICES SHALL BE PROVIDED BY A COUNTY PROBATION DEPART-
MENT OR NONPROFIT PRETRIAL SERVICE AGENCY. THE DEPARTMENT OR AGENCY MUST
BE APPROVED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES AND   CERTIFIED
BY  THE  OFFICE  OF  COURT ADMINISTRATION. THE DEPARTMENT OR AGENCY WILL
ADVISE THE COURT ON A PRINCIPAL'S RELEASE ON RECOGNIZANCE OR UNDER  NON-
MONETARY  CONDITIONS AND MONITOR PRINCIPALS RELEASED UNDER CONDITIONS OF
NON-MONETARY RELEASE. THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  SHALL
PROMULGATE  REGULATIONS FOR THE OPERATION OF APPROVED PRETRIAL AGENCIES,
WHICH SHALL INCLUDE DATA COLLECTION AND  REPORTING REQUIREMENTS ON PRIN-
CIPALS SERVED. THE OFFICE OF COURT ADMINISTRATION SHALL MAINTAIN A LIST-

S. 1505                            98                            A. 2005

ING  ON  ITS PUBLIC WEBSITE IDENTIFYING EACH PRETRIAL SERVICES AGENCY SO
CERTIFIED IN THE STATE. A COUNTY SHALL BE AUTHORIZED  TO  ENTER  INTO  A
CONTRACT  WITH  ANOTHER  COUNTY  OR  MUNICIPALITY  TO  PROVIDE  PRETRIAL
SERVICES.
  2. ANY CRITERIA, INSTRUMENT, OR TOOL USED TO INFORM A PRETRIAL SERVICE
AGENCY'S  RECOMMENDATION TO THE COURT ABOUT PRETRIAL CONDITIONS SHALL BE
MADE AVAILABLE TO THE PRINCIPAL AND THE PRINCIPAL'S COUNSEL. ANY  CRITE-
RIA,  INSTRUMENT  OR TOOL USED MAY CONSIDER RISK OF FAILING TO APPEAR IN
COURT AND SHALL NOT CONTAIN A   MEASURE OF A PERSON'S  GENERAL  RISK  TO
PUBLIC  SAFETY.  ANY BLANK FORM OF THE CRITERIA, INSTRUMENT OR TOOL USED
IN THE COUNTY FOR SUCH PURPOSE SHALL BE MADE  AVAILABLE  TO  ANY  PERSON
PROMPTLY  UPON  REQUEST. IF SCORES ARE CALCULATED TO PREDICT THE RISK OF
FAILURE TO APPEAR, THE SCORING FORMULA SHALL BE    MADE  AVAILABLE.  ANY
TOOL  USED TO PREDICT FAILURE TO APPEAR SHALL BE PERIODICALLY VALIDATED,
WITH VALIDATION STUDIES AVAILABLE UPON REQUEST.
  § 13. 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] SUCH PRINCIPAL at such time and place.  If the
principal is at liberty on [his] THE PRINCIPAL'S own recognizance [or on
bail] OR NON-MONETARY CONDITIONS, [his] 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 govern-
ing such matters with respect  to  the  particular  kind  of  action  or
proceeding involved.
  § 14. Article 520 of the criminal procedure law is REPEALED.
  § 15. The article heading of article 530 of the criminal procedure law
is amended to read as follows:
                  [ORDERS OF RECOGNIZANCE OR BAIL WITH
                RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS
                    AND PROCEEDINGS--WHEN AND BY WHAT
                 COURTS AUTHORIZED] SECURING ORDERS WITH
              RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS AND
            PROCEEDINGS - WHEN AND BY WHAT COURTS AUTHORIZED
  §  16. Section 530.10 of the criminal procedure law is amended to read
as follows:
§ 530.10 [Order of recognizance or bail] SECURING ORDERS; in general.
  Under circumstances prescribed in this article, a court, upon applica-
tion of a  defendant  charged  with  or  convicted  of  an  offense,  is
[required or authorized to order bail or recognizance] TO ISSUE A SECUR-
ING  ORDER  for  the  release  or  prospective release of such 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.
  §  17.  Subdivision 4 of section 530.11 of the criminal procedure law,
as added by chapter 186 of the laws of  1997,  is  amended  to  read  as
follows:
  4.  When  a  person  is  arrested  for an alleged family offense or an
alleged violation of an  order  of  protection  or  temporary  order  of
protection  or  arrested  pursuant to a warrant issued by the supreme or
family court, and the supreme or family court, as applicable, is not  in

S. 1505                            99                            A. 2005

session,  such  person shall be brought before a local criminal court in
the county of arrest or in the county in which such warrant  is  return-
able  pursuant to article one hundred twenty of this chapter. Such local
criminal  court  may issue any order authorized under subdivision eleven
of section 530.12 of this article, section one hundred  fifty-four-d  or
one hundred fifty-five of the family court act or subdivision three-b of
section  two  hundred  forty or subdivision two-a of section two hundred
fifty-two of the domestic relations  law,  in  addition  to  discharging
other  arraignment  responsibilities  as  set  forth in this chapter. In
making such order, the local criminal court  shall  consider  the  [bail
recommendation]  SECURING  ORDER,  if any, made by the supreme or family
court as indicated on the warrant or certificate of warrant. Unless  the
petitioner  or complainant requests otherwise, the court, in addition to
scheduling further criminal proceedings, if any, regarding such  alleged
family  offense  or violation allegation, shall make such matter return-
able in the supreme or family court, as applicable, on the next day such
court is in session.
  § 18. Paragraph (a) of subdivision 8 of section 530.13 of the criminal
procedure law, as added by chapter 388 of the laws of 1984,  is  amended
to read as follows:
  (a)  revoke  [an  order  of recognizance or bail] A SECURING ORDER and
commit the defendant to custody; or
  § 19. The opening paragraph of subdivision 1 of section 530.13 of  the
criminal  procedure  law, as amended by chapter 137 of the laws of 2007,
is amended to read as follows:
  When any criminal action is pending, and the court has  not  issued  a
temporary  order  of protection pursuant to section 530.12 of this arti-
cle, the court, in addition to the other powers  conferred  upon  it  by
this  chapter,  may  for  good  cause  shown  issue a temporary order of
protection in  conjunction  with  any  securing  order  [committing  the
defendant to the custody of the sheriff or as a condition of a pre-trial
release,  or  as  a  condition  of  release on bail or an adjournment in
contemplation of dismissal]. In addition to any other  conditions,  such
an order may require that the defendant:
  §  20.  Subdivisions 9 and 11 of section 530.12 of the criminal proce-
dure law, subdivision 9 as amended by section 81 of subpart B of part  C
of  chapter 62 of the laws of 2011, subdivision 11 as amended by chapter
498 of the laws of 1993, the opening  paragraph  of  subdivision  11  as
amended by chapter 597 of the laws of 1998, paragraph (a) of subdivision
11  as  amended  by  chapter  222  of the laws of 1994, paragraph (d) of
subdivision 11 as amended by chapter  644  of  the  laws  of  1996,  are
amended to read as follows:
  9.  If  no  warrant,  order  or temporary order of protection has been
issued by the court, and an act  alleged  to  be  a  family  offense  as
defined  in section 530.11 of this [chapter] ARTICLE is the basis of the
arrest, the magistrate shall permit the complainant to file a  petition,
information  or  accusatory  instrument  and for reasonable cause shown,
shall thereupon hold such respondent or defendant,  [admit  to,  fix  or
accept  bail,] ESTABLISH A SECURING ORDER or parole him or her for hear-
ing before the  family  court  or  appropriate  criminal  court  as  the
complainant  shall  choose  in accordance with the provisions of section
530.11 of this [chapter] ARTICLE.
  11. If a defendant is brought before the court for failure to obey any
lawful order issued under this section, or an order of protection issued
by a court of competent jurisdiction in another  state,  territorial  or
tribal  jurisdiction,  and  if, after hearing, the court is satisfied by

S. 1505                            100                           A. 2005

competent proof that the defendant has willfully failed to obey any such
order, the court may:
  (a)  revoke  [an  order  of recognizance or revoke an order of bail or
order forfeiture of such bail] A SECURING ORDER and commit the defendant
to custody; or
  (b) restore the case to the calendar when there has been  an  adjourn-
ment  in contemplation of dismissal and commit the defendant to custody;
or
  (c) revoke a conditional discharge in accordance with  section  410.70
of this chapter and impose probation supervision or impose a sentence of
imprisonment  in  accordance  with  the  penal law based on the original
conviction; or
  (d) revoke probation in accordance with section 410.70 of this chapter
and impose a sentence of imprisonment in accordance with the  penal  law
based  on the original conviction. In addition, if the act which consti-
tutes the violation of the order of protection  or  temporary  order  of
protection  is  a crime or a violation the defendant may be charged with
and tried for that crime or violation.
  § 21. Section 530.20 of the criminal  procedure  law,  as  amended  by
chapter  531  of the laws of 1975, subparagraph (ii) of paragraph (b) of
subdivision 2 as amended by chapter 218 of the laws of 1979, is  amended
to read as follows:
§ 530.20 [Order of recognizance or bail;] SECURING ORDER by local crimi-
           nal court when action is pending therein.
  When  a  criminal  action  is  pending in a local criminal court, such
court, upon application of a defendant, must [or may order  recognizance
or bail] ISSUE A SECURING ORDER as follows:
  1. [When the defendant is charged, by information, simplified informa-
tion, prosecutor's information or misdemeanor complaint, with an offense
or  offenses of less than felony grade only, the court must order recog-
nizance or bail.] RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S
PERSONAL RECOGNIZANCE, UNLESS THE COURT FINDS ON THE RECORD THAT RELEASE
ON RECOGNIZANCE  WILL  NOT  REASONABLY  ASSURE  THE  INDIVIDUAL'S  COURT
ATTENDANCE.  IN  SUCH  INSTANCES,  THE COURT WILL RELEASE THE INDIVIDUAL
UNDER NON-MONETARY CONDITIONS, SELECTING THE LEAST RESTRICTIVE  ALTERNA-
TIVE  THAT  WILL REASONABLY ASSURE THE PRINCIPAL'S COURT ATTENDANCE. THE
COURT WILL SUPPORT ITS CHOICE OF ALTERNATIVE ON THE RECORD.
  2. [When the defendant is charged, by felony complaint, with a felony,
the court may, in its discretion, order recognizance or bail  except  as
otherwise provided in this subdivision:
  (a) A city court, a town court or a village court may not order recog-
nizance or bail when (i) the defendant is charged with a class A felony,
or   (ii)  it  appears  that  the  defendant  has  two  previous  felony
convictions;
  (b)] NOTWITHSTANDING THE ABOVE, IN CASES  WHERE  THE  PEOPLE  INDICATE
THAT  THEY INTEND TO MOVE FOR PRETRIAL DETENTION AS SET FORTH IN ARTICLE
FIVE HUNDRED FORTY-FIVE OF THIS TITLE, THE COURT MAY COMMIT THE  DEFEND-
ANT  TO  THE CUSTODY OF THE SHERIFF OR ISSUE A SECURING ORDER IN ACCORD-
ANCE WITH ARTICLE FIVE HUNDRED FORTY-FIVE OF THIS TITLE.
  3. NOTWITHSTANDING THE ABOVE, IN CASES WHERE THE DEFENDANT IS FACING A
CHARGE OF A CLASS A FELONY, OR IT APPEARS THAT  THE  DEFENDANT  HAS  TWO
PREVIOUS  FELONY  CONVICTIONS  WITHIN  THE MEANING OF SUBDIVISION ONE OF
SECTION 70.08 OR 70.10 OF THE PENAL LAW;  THE  COURT  SHALL  COMMIT  THE
DEFENDANT TO THE CUSTODY OF THE SHERIFF FOR THE COUNTY OR SUPERIOR COURT
TO MAKE A DETERMINATION ABOUT A SECURING ORDER WITHIN THREE DAYS.

S. 1505                            101                           A. 2005

  4. No local criminal court may order [recognizance or bail] A SECURING
ORDER  with  respect  to  a  defendant  charged with a felony unless and
until[:
  (i) The district attorney has been heard in the matter or, after know-
ledge  or  notice  of  the  application and reasonable opportunity to be
heard, has failed to appear at the proceeding or  has  otherwise  waived
his right to do so; and
  (ii)  The]  THE  court  [has],  AND COUNSEL FOR THE DEFENSE, HAVE been
furnished with a report of the division  of  criminal  justice  services
concerning  the  defendant's  criminal  record, if any, or with a police
department report with respect  to  the  defendant's  prior  arrest  AND
CONVICTION  record,  IF ANY.  If neither report is available, the court,
with the consent of  the  district  attorney,  may  dispense  with  this
requirement;  provided, however, that in an emergency, including but not
limited to a substantial impairment in the ability of such  division  or
police  department to timely furnish such report, such consent shall not
be required if, for reasons stated on the record,  the  court  deems  it
unnecessary.  [When the court has been furnished with any such report or
record, it shall furnish a copy thereof to counsel for the defendant or,
if the defendant is not represented by counsel, to the defendant.]
  § 22. The section heading, subdivisions 1 and 2 of section  530.30  of
the  criminal  procedure law, subdivision 2 as amended by chapter 762 of
the laws of 1971, are amended to read as follows:
  [Order of recognizance or bail; by superior court judge when action is
pending in local criminal court] SECURING ORDER BY SUPERIOR COURT  JUDGE
WHEN ACTION IS PENDING IN LOCAL CRIMINAL COURT.
  1.  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 a defendant, may order [recognizance or bail] A  SECURING  ORDER
when such local criminal court:
  (a) Lacks authority to issue such an order, pursuant to [paragraph (a)
of] subdivision [two] THREE of section 530.20[; or
  (b) Has denied an application for recognizance or bail; or
  (c) Has fixed bail which is excessive;]  OR
  (B)  HAS SET A SECURING ORDER OF RELEASE UNDER NON-MONETARY CONDITIONS
WHICH ARE MORE RESTRICTIVE THAN NECESSARY  TO  REASONABLY  ENSURE  COURT
ATTENDANCE.
  In  such  case, such superior court judge may vacate the order of such
local criminal court and release the defendant on [his own] recognizance
[or fix bail in a lesser amount or in a less burdensome form,] OR  UNDER
RELEASE  WITH CONDITIONS, WHICHEVER IS THE LEAST RESTRICTIVE ALTERNATIVE
THAT WILL REASONABLY ASSURE DEFENDANT'S APPEARANCE IN COURT.  THE  COURT
WILL SUPPORT ITS CHOICE OF ALTERNATIVE ON THE RECORD.
  2.  Notwithstanding the provisions of subdivision one OF THIS SECTION,
when the defendant is charged with a felony in a local criminal court, a
superior court judge may not [order recognizance or bail] ISSUE A SECUR-
ING ORDER unless and until the district attorney has had an  opportunity
to  be  heard  in  the  matter  and such judge [has] AND COUNSEL FOR THE
DEFENDANT HAVE been furnished with a report as  described  in  [subpara-
graph  (ii)  of  paragraph  (b)  of]  subdivision  [two] FOUR of section
530.20.
  § 23. Section 530.40 of the criminal procedure law, subdivision  3  as
amended by chapter 264 of the laws of 2003, and subdivision 4 as amended
by chapter 762 of the laws of 1971, is amended to read as follows:

S. 1505                            102                           A. 2005

§ 530.40 [Order  of  recognizance  or  bail;] SECURING ORDER by superior
           court when action is pending therein.
  When  a  criminal  action  is pending in a superior court, such court,
upon application of a defendant, must [or may]  order  [recognizance  or
bail] A SECURING ORDER as follows:
  1.  [When the defendant is charged with an offense or offenses of less
than felony grade only, the court must order recognizance or bail.
  2. When the defendant is charged with a felony, the court may, in  its
discretion,  order  recognizance  or  bail. In any such case in which an
indictment (a) has resulted from an order  of  a  local  criminal  court
holding the defendant for the action of the grand jury, or (b) was filed
at  a time when a felony complaint charging the same conduct was pending
in a local criminal court, and in which such local criminal court  or  a
superior  court  judge has issued an order of recognizance or bail which
is still effective, the superior court's order may be in the form  of  a
direction  continuing  the effectiveness of the previous order.] RELEASE
THE PRINCIPAL PENDING TRIAL ON THE  PRINCIPAL'S  PERSONAL  RECOGNIZANCE,
UNLESS  THE  COURT FINDS ON THE RECORD THAT RELEASE ON RECOGNIZANCE WILL
NOT  REASONABLY  ASSURE  THE  INDIVIDUAL'S  COURT  ATTENDANCE.  IN  SUCH
INSTANCES,  THE  COURT  WILL  RELEASE  THE INDIVIDUAL UNDER NON-MONETARY
CONDITIONS,  SELECTING  THE  LEAST  RESTRICTIVE  ALTERNATIVE  THAT  WILL
REASONABLY  ASSURE  THE  PRINCIPAL'S  COURT  ATTENDANCE.  THE COURT WILL
SUPPORT ITS CHOICE OF ALTERNATIVE ON THE RECORD.
  2. NOTWITHSTANDING THE ABOVE, IN CASES WHERE THE PEOPLE INDICATE  THAT
THEY  INTEND  TO  MOVE FOR PRETRIAL DETENTION AS SET OUT IN ARTICLE FIVE
HUNDRED FORTY-FIVE OF THIS TITLE, THE COURT MAY COMMIT THE DEFENDANT  TO
THE CUSTODY OF THE SHERIFF, OR ISSUE A SECURING ORDER IN ACCORDANCE WITH
ARTICLE FIVE HUNDRED FORTY-FIVE OF THIS TITLE.
  3.  Notwithstanding  the  provisions of subdivision [two,] ONE OF THIS
SECTION, a superior court may not [order recognizance or bail]  ISSUE  A
SECURING  ORDER,  or permit a defendant to remain at liberty pursuant to
an existing order, after  [he]  THE  DEFENDANT  has  been  convicted  of
either:  (a)  a  class  A  felony  or  (b) any class B or class C felony
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.  In  either  case  the
court must commit or remand the defendant to the custody of the sheriff.
  4.  Notwithstanding  the  provisions  of subdivision [two] ONE OF THIS
SECTION, a superior court may not [order recognizance or bail]  ISSUE  A
SECURING  ORDER  when  the defendant is charged with a felony unless and
until the district attorney has had an opportunity to be  heard  in  the
matter  and  such  court  [has]  AND  COUNSEL  FOR THE DEFENSE HAVE been
furnished with a report as described in [subparagraph (ii) of  paragraph
(b) of] subdivision [two] FOUR of section 530.20 OF THIS ARTICLE.
  §  24.  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] SECURING ORDER
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 previous-
ly fixed and remands or commits defendant to the custody of the sheriff,
a judge designated in subdivision two, upon application of the defendant
following conviction of an offense other than a  class  A  felony  or  a
class  B or class C felony offense defined in article one hundred thirty
of the penal law committed or attempted to  be  committed  by  a  person

S. 1505                            103                           A. 2005

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]  ISSUES  A MORE RESTRICTIVE SECURING ORDER in a less
[burdensome] RESTRICTIVE form than fixed  by  the  court  in  which  the
conviction was entered.
  § 25. Section 530.60 of the criminal procedure law is REPEALED.
  §  26.  Title  P of part 3 of the criminal procedure law is amended by
adding a new article 545 to read as follows:
                     ARTICLE 545--PRETRIAL DETENTION
SECTION 545.10 PRETRIAL DETENTION; WHEN ORDERED.
        545.20 ELIGIBILITY FOR A PRETRIAL DETENTION HEARING.
        545.30 PRETRIAL DETENTION HEARING.
        545.40 ORDER FOR PRETRIAL DETENTION.
        545.50 REOPENING OF PRETRIAL HEARING.
        545.60 LENGTH OF DETENTION FOR DEFENDANT HELD UNDER  A  PRETRIAL
                 DETENTION ORDER.
§ 545.10 PRETRIAL DETENTION; WHEN ORDERED.
  A COUNTY OR SUPERIOR COURT MAY ORDER, BEFORE TRIAL, THE DETENTION OF A
DEFENDANT  IF  THE  PEOPLE SEEK DETENTION OF THE DEFENDANT UNDER SECTION
545.20 OF THIS ARTICLE, AND, AFTER A HEARING PURSUANT TO SECTION  545.30
OF  THIS ARTICLE, THE COURT FINDS CLEAR AND CONVINCING EVIDENCE THAT THE
DEFENDANT POSES A HIGH RISK OF FLIGHT BEFORE TRIAL,  OR  THAT  DEFENDANT
POSES  A CURRENT THREAT TO THE PHYSICAL SAFETY OF A REASONABLY IDENTIFI-
ABLE PERSON OR PERSONS, AND THAT NO CONDITIONS OR COMBINATION OF  CONDI-
TIONS  IN  THE  COMMUNITY  WILL SUFFICE TO CONTAIN THE AFORESAID RISK OR
THREAT.  THERE SHALL BE A REBUTTABLE PRESUMPTION, EXCEPT IN THE  CIRCUM-
STANCES  OUTLINED  IN SUBDIVISION FOUR OF SECTION 545.30 OF THIS ARTICLE
THAT SOME CONDITION OR  CONDITIONS  IN  THE  COMMUNITY  WILL  REASONABLY
CONTAIN A HIGH RISK OF FLIGHT OR A CURRENT THREAT TO THE PHYSICAL SAFETY
OF  A  REASONABLY  IDENTIFIABLE  PERSON OR PERSONS. THAT PRESUMPTION MAY
ONLY BE OVERCOME BY CLEAR AND CONVINCING EVIDENCE.
§ 545.20 ELIGIBILITY FOR A PRETRIAL DETENTION HEARING.
  1. THE PEOPLE MAY MAKE A MOTION WITH THE COURT AT ANY TIME SEEKING THE
PRETRIAL DETENTION OF A DEFENDANT:
  (A) CHARGED WITH A CLASS A FELONY DEFINED IN THE PENAL LAW;
  (B) CHARGED WITH OFFENSES INVOLVING WITNESS INTIMIDATION UNDER SECTION
215.15, 215.16 OR 215.17 OF THE PENAL LAW;
  (C) CHARGED WITH CLASS B OR C CRIMES AS ENUMERATED UNDER SECTION 70.02
OF THE PENAL LAW (EXCEPT BURGLARY IN THE SECOND  DEGREE  AS  DEFINED  IN
SUBDIVISION  TWO  OF  SECTION 140.25 OF THE PENAL LAW, OR ROBBERY IN THE
SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF  SECTION  160.10  OF  THE
PENAL LAW);
  (D) WHO, THE PEOPLE ALLEGE POSES AN IMMEDIATE RISK OF PHYSICAL HARM TO
MEMBERS  OF THE SAME FAMILY OR HOUSEHOLD OF THE DEFENDANT, AS DEFINED IN
SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE; OR
  (E) WHO HAS PERSISTENTLY AND WILLFULLY FAILED TO APPEAR  IN  COURT  IN
THE  CURRENT  CASE,  AND THE RELEVANT PRETRIAL SERVICES AGENCY CERTIFIES
THAT THE AGENCY HAS MADE PERSISTENT EFFORTS TO ASSIST  THE  INDIVIDUAL'S
APPEARANCE IN COURT.
  2.  UPON  SUCH MOTION BY THE PEOPLE, THE DEFENDANT MAY BE COMMITTED TO
THE CUSTODY OF THE SHERIFF PENDING A HEARING ON THE PEOPLE'S MOTION,  OR
THE COURT MAY ISSUE A SECURING ORDER. THE COURT SHALL SUPPORT ITS CHOICE
OF AN ALTERNATIVE ON THE RECORD.  IF THE PERSON IS AT LIBERTY, A WARRANT
SHALL BE ISSUED AND THE DEFENDANT BROUGHT INTO CUSTODY OF THE SHERIFF.
§ 545.30 PRETRIAL DETENTION HEARING.

S. 1505                            104                           A. 2005

  1. A HEARING SHALL BE HELD WITHIN THREE WORKING DAYS FROM THE PEOPLE'S
MOTION.    AT  THE  HEARING,  THE  DEFENDANT  SHALL HAVE THE RIGHT TO BE
REPRESENTED BY COUNSEL, AND, IF FINANCIALLY UNABLE TO OBTAIN COUNSEL, TO
HAVE COUNSEL ASSIGNED. THE DEFENDANT SHALL BE AFFORDED AN OPPORTUNITY TO
TESTIFY,  TO PRESENT WITNESSES, TO CROSS-EXAMINE WITNESSES WHO APPEAR AT
THE HEARING, AND TO PRESENT INFORMATION BY  PROFFER  OR  OTHERWISE.  THE
RULES CONCERNING THE ADMISSIBILITY OF EVIDENCE IN CRIMINAL TRIALS DO NOT
APPLY  TO  THE  PRESENTATION AND CONSIDERATION OF INFORMATION DURING THE
HEARING.
  2.  (A) WITHIN AT LEAST TWENTY-FOUR HOURS OF THE HEARING,  THE  PEOPLE
SHALL  DISCLOSE  TO  THE  DEFENDANT AND PERMIT THE DEFENDANT TO INSPECT,
COPY  OR  PHOTOGRAPH  ALL  STATEMENTS  AND  REPORTS  THAT  ARE  IN   THE
POSSESSION,  CUSTODY  OR  CONTROL  OF  THE  PEOPLE, OR PERSONS UNDER THE
PEOPLE'S DIRECTION AND CONTROL THAT:
  (I) THE PEOPLE RELY  UPON  TO  ESTABLISH  REASONABLE  CAUSE  THAT  THE
DEFENDANT COMMITTED THE ALLEGED CRIME OR CRIMES; AND
  (II)  RELATE  TO  THE PEOPLE'S BASIS FOR THE PRETRIAL DETENTION MOTION
THAT EITHER THE DEFENDANT PRESENTS A HIGH RISK OF FLIGHT  OR  A  CURRENT
THREAT  TO  THE  PHYSICAL  SAFETY OF A REASONABLY IDENTIFIABLE PERSON OR
PERSONS.
  (B) IN ADDITION, THE PEOPLE  WILL  PRODUCE  ANY  STATEMENTS  THAT  ARE
EXCULPATORY IN NATURE.
  (C)  PORTIONS OF MATERIALS CLAIMED TO BE NON-DISCOVERABLE MAY BE WITH-
HELD PENDING A DETERMINATION AND  RULING  OF  THE  COURT  UNDER  SECTION
245.70  OF  THIS CHAPTER; BUT THE DEFENDANT SHALL BE NOTIFIED IN WRITING
THAT SUCH INFORMATION HAS NOT BEEN DISCLOSED UNDER A PARTICULAR SUBDIVI-
SION OF SUCH SECTION, AND THE DISCOVERABLE PORTIONS  OF  SUCH  MATERIALS
SHALL BE DISCLOSED IF PRACTICABLE.
  3.  IN  HEARINGS IN CASES FOR WHICH THERE IS NO INDICTMENT, THE PEOPLE
SHALL ESTABLISH REASONABLE CAUSE THAT THE ELIGIBLE  DEFENDANT  COMMITTED
THE  CHARGED  OFFENSE. THE PEOPLE MUST ESTABLISH BY CLEAR AND CONVINCING
EVIDENCE THAT DEFENDANT POSES A HIGH RISK OF FLIGHT OR A CURRENT  THREAT
OF  PHYSICAL  DANGER  TO A REASONABLY IDENTIFIABLE PERSON OR PERSONS AND
THAT NO CONDITIONS OR COMBINATION OF CONDITIONS IN  THE  COMMUNITY  WILL
SUFFICE TO CONTAIN THE AFORESAID RISK OR THREAT.
  4.  THERE  SHALL  BE A REBUTTABLE PRESUMPTION, WHICH THE DEFENDANT MAY
OVERCOME BY A PREPONDERANCE OF  THE  EVIDENCE,  THAT  NO  CONDITIONS  OR
COMBINATION  OF  CONDITIONS  IN  THE COMMUNITY WILL SUFFICE TO CONTAIN A
CURRENT THREAT TO THE  PHYSICAL  SAFETY  OF  A  REASONABLY  IDENTIFIABLE
PERSON  OR  PERSONS IF THE COURT FINDS REASONABLE CAUSE THAT THE DEFEND-
ANT:
  (A) COMMITTED A CRIME FOR WHICH THE DEFENDANT WOULD BE  SUBJECT  TO  A
TERM OF LIFE IMPRISONMENT;
  (B)  COMMITTED  A CRIME INVOLVING SERIOUS PHYSICAL INJURY OR THREAT OF
SERIOUS PHYSICAL INJURY, OR ATTEMPT THEREIN, WHILE THE DEFENDANT WAS  IN
THE  COMMUNITY  ON  RECOGNIZANCE  OR UNDER NON-MONETARY CONDITIONS FOR A
CRIME INVOLVING SERIOUS PHYSICAL INJURY OR THE THREAT OF  SERIOUS  PHYS-
ICAL INJURY; OR
  (C) THREATENED, INJURED, INTIMIDATED, OR ATTEMPTED TO THREATEN, INJURE
OR  INTIMIDATE  A  PROSPECTIVE  WITNESS OR JUROR IN AN CRIMINAL INVESTI-
GATION OR JUDICIAL PROCEEDING.
  5. IN DETERMINING WHETHER THE DEFENDANT PRESENTS A HIGH RISK OF FLIGHT
OR A CURRENT THREAT OF PHYSICAL  DANGER  TO  A  REASONABLY  IDENTIFIABLE
PERSON  OR  PERSONS  AND WHETHER NO CONDITIONS OR COMBINATIONS OF CONDI-
TIONS IN THE COMMUNITY WILL SUFFICE TO CONTAIN SUCH RISK OR THREAT,  THE
COURT MAY TAKE INTO ACCOUNT THE FOLLOWING INFORMATION:

S. 1505                            105                           A. 2005

  (A) THE NATURE AND CIRCUMSTANCES OF THE CHARGED OFFENSE;
  (B)  THE WEIGHT OF THE EVIDENCE AGAINST THE DEFENDANT, EXCEPT THAT THE
COURT MAY CONSIDER THE  ADMISSIBILITY  OF  ANY  EVIDENCE  SOUGHT  TO  BE
EXCLUDED;
  (C)  THE DEFENDANT'S CURRENT AND PRIOR HISTORY OF FAILURE TO APPEAR IN
COURT WHETHER SUCH FAILURES TO APPEAR WERE WILLFUL;
  (D) THE NATURE AND THE CREDIBILITY  OF  THE  THREAT  TO  THE  PHYSICAL
DANGER  OF  A  REASONABLY IDENTIFIABLE PERSON OR PERSONS, IF APPLICABLE;
AND
  (E) WHETHER, AT THE TIME OF THE CURRENT OFFENSE OR ARREST, THE DEFEND-
ANT WAS ON PROBATION, PAROLE, OR ON RELEASE PENDING TRIAL, SENTENCING OR
COMPLETION OF A SENTENCE IN THIS STATE OR OTHER JURISDICTIONS.
§ 545.40 ORDER FOR PRETRIAL DETENTION.
  IN A PRETRIAL DETENTION ORDER ISSUED PURSUANT  TO  SECTION  545.10  OF
THIS ARTICLE, THE COURT SHALL:
  1.  INCLUDE  WRITTEN  FINDINGS  OF FACT AND A WRITTEN STATEMENT OF THE
REASONS FOR THE DETENTION; AND
  2. DIRECT THAT THE ELIGIBLE DEFENDANT BE AFFORDED REASONABLE  OPPORTU-
NITY FOR PRIVATE CONSULTATION WITH COUNSEL.
§ 545.50 REOPENING OF PRETRIAL HEARING.
  A  PRETRIAL  DETENTION HEARING MAY BE OPENED, BEFORE OR AFTER ISSUANCE
OF A PRETRIAL DETENTION ORDER BY THE COURT, BY MOTION OF THE  PEOPLE  OR
THE  DEFENDANT,  AT  ANY  TIME BEFORE TRIAL, IF THE COURT FINDS EITHER A
CHANGE OF CIRCUMSTANCES OR THAT INFORMATION EXISTS THAT WAS NOT KNOWN TO
THE PEOPLE OR TO THE DEFENDANT AT THE TIME OF THE HEARING,  THAT  HAS  A
MATERIAL  BEARING ON THE ISSUE OF WHETHER DEFENDANT PRESENTS A HIGH RISK
OF FAILURE TO APPEAR OR A CURRENT THREAT TO THE  PHYSICAL  SAFETY  OF  A
REASONABLY  IDENTIFIABLE  PERSON OR PERSONS AND WHETHER NO CONDITIONS OR
COMBINATION OF CONDITIONS WILL SUFFICE TO CONTAIN SUCH RISK OR THREAT.
§ 545.60 LENGTH  OF  DETENTION  FOR  DEFENDANT  HELD  UNDER  A  PRETRIAL
           DETENTION ORDER.
  1.  IF  A  PRETRIAL  DETENTION  ORDER IS ISSUED, A DEFENDANT SHALL NOT
REMAIN DETAINED IN JAIL FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER  THE
RETURN  OF  THE  INDICTMENT, IF APPLICABLE, UNTIL THE START OF TRIAL. IN
CASES WHERE NO INDICTMENT IS REQUIRED, THE DEFENDANT  SHALL  NOT  REMAIN
DETAINED IN JAIL FOR MORE THAN NINETY DAYS FROM THE DATE OF THE PRETRIAL
DETENTION MOTION UNTIL THE START OF TRIAL.
  2.  (A)  THE  TIME WITHIN WHICH THE TRIAL OF THE CASE COMMENCES MAY BE
EXTENDED FOR ONE OR MORE ADDITIONAL PERIODS NOT TO  EXCEED  TWENTY  DAYS
EACH  ON  THE  BASIS OF A MOTION SUBMITTED BY THE PEOPLE AND APPROVED BY
THE COURT. THE ADDITIONAL PERIOD OR PERIODS OF DETENTION MAY BE  GRANTED
ONLY ON THE BASIS OF GOOD CAUSE SHOWN, AND SHALL BE GRANTED ONLY FOR THE
ADDITIONAL  TIME  REQUIRED  TO PREPARE FOR THE TRIAL OF THE PERSON. GOOD
CAUSE MAY INCLUDE, BUT NOT BE  LIMITED  TO,  THE  UNAVAILABILITY  OF  AN
ESSENTIAL  WITNESS, THE NECESSITY FOR FORENSIC ANALYSIS OF EVIDENCE, THE
ABILITY TO CONDUCT A JOINT TRIAL WITH A CO-DEFENDANT  OR  CO-DEFENDANTS,
SEVERANCE  OF  CO-DEFENDANTS  WHICH  PERMITS  ONLY ONE TRIAL TO COMMENCE
WITHIN THE TIME PERIOD,  COMPLEX  OR  MAJOR  INVESTIGATIONS,  SCHEDULING
CONFLICTS  WHICH  ARISE  SHORTLY BEFORE THE TRIAL DATE, THE INABILITY TO
PROCEED TO TRIAL BECAUSE OF ACTION TAKEN BY OR  AT  THE  BEHEST  OF  THE
DEFENDANT,  THE  BREAKDOWN  OF A PLEA AGREEMENT ON OR IMMEDIATELY BEFORE
THE TRIAL DATE, AND ALLOWING REASONABLE TIME  TO  PREPARE  FOR  A  TRIAL
AFTER  THE  CIRCUMSTANCES  GIVING  RISE TO A TOLLING OR EXTENSION OF THE
TIME PERIOD NO LONGER EXISTS.
  (B) IN COMPUTING THE ONE  HUNDRED  EIGHTY  DAYS  FROM  INDICTMENT,  IF
APPLICABLE,  OR  IF NO INDICTMENT IS REQUIRED, NINETY DAYS FROM THE DATE

S. 1505                            106                           A. 2005

OF THE PRETRIAL ORDER, TO COMMENCEMENT OF TRIAL, THE  FOLLOWING  PERIODS
SHALL BE EXCLUDED:
  (I) ANY PERIOD FROM THE FILING OF THE NOTICE OF APPEAL TO THE ISSUANCE
OF THE MANDATE IN AN INTERLOCUTORY APPEAL;
  (II)  ANY  PERIOD  ATTRIBUTABLE  TO  ANY  EXAMINATION TO DETERMINE THE
DEFENDANT'S SANITY OR LACK THEREOF OR HIS  OR  HER  MENTAL  OR  PHYSICAL
COMPETENCY TO STAND TRIAL;
  (III)  ANY  PERIOD  ATTRIBUTABLE  TO THE INABILITY OF THE DEFENDANT TO
PARTICIPATE IN THE DEFENDANT'S DEFENSE BECAUSE OF MENTAL INCOMPETENCY OR
PHYSICAL INCAPACITY; AND
  (IV) ANY PERIOD IN WHICH THE DEFENDANT IS  OTHERWISE  UNAVAILABLE  FOR
TRIAL.
  3.  IF  A  TRIAL HAS NOT COMMENCED WITHIN ONE HUNDRED EIGHTY DAYS FROM
INDICTMENT, IF APPLICABLE, OR NINETY DAYS FROM  THE  PRETRIAL  DETENTION
ORDER IF NO INDICTMENT IS REQUIRED, AS CALCULATED ABOVE, AND THE DEFEND-
ANT  REMAINS IN CUSTODY, THE DEFENDANT SHALL BE RELEASED ON RECOGNIZANCE
OR UNDER NON-MONETARY CONDITIONS OF RELEASE PENDING TRIAL ON THE  UNDER-
LYING CHARGE, UNLESS:
  (A) THE TRIAL IS IN PROGRESS,
  (B)  THE  TRIAL  HAS  BEEN  DELAYED  BY  THE TIMELY FILING OF MOTIONS,
EXCLUDING MOTIONS FOR CONTINUANCES;
  (C) THE TRIAL HAS BEEN DELAYED AT THE REQUEST OF THE DEFENDANT; OR
  (D) UPON MOTION OF THE PEOPLE, THE COURT FINDS THAT A CURRENT SUBSTAN-
TIAL AND UNJUSTIFIABLE RISK TO THE PHYSICAL SAFETY OF A REASONABLY IDEN-
TIFIABLE PERSON WOULD RESULT FROM THE DEFENDANT'S RELEASE FROM  CUSTODY,
AND  THAT  NO  APPROPRIATE  CONDITIONS FOR THE DEFENDANT'S RELEASE WOULD
REASONABLY ADDRESS THAT  RISK,  AND  ALSO  FINDS  THAT  THE  FAILURE  TO
COMMENCE  TRIAL  IN  ACCORDANCE  WITH THE TIME REQUIREMENTS SET FORTH IN
THIS SECTION WAS NOT DUE TO UNREASONABLE DELAY BY  THE  PEOPLE.  IF  THE
COURT  MAKES  SUCH A FINDING, THE COURT MUST SET AN ADDITIONAL PERIOD OF
TIME, NOT TO EXCEED THIRTY DAYS, IN WHICH  THE  DEFENDANT'S  TRIAL  MUST
COMMENCE. IF THE TRIAL DOES NOT COMMENCE WITHIN THIS PERIOD, THE DEFEND-
ANT MUST BE RELEASED ON RECOGNIZANCE OR UNDER NON-MONETARY CONDITIONS.
  § 27. Article 68 of the insurance law is REPEALED.
  § 28. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
procedure law, as amended by chapter 258 of the laws of 2015, is amended
to read as follows:
  (a)  If  at any time during the defendant's participation in the judi-
cial diversion program, the court has reasonable grounds to believe that
the defendant has violated a release condition or has failed  to  appear
before  the  court as requested, the court shall direct the defendant to
appear or issue a bench warrant to a police officer  or  an  appropriate
peace  officer  directing  him or her to take the defendant into custody
and bring the defendant before  the  court  without  unnecessary  delay;
provided,  however,  that  under  no circumstances shall a defendant who
requires treatment for opioid abuse or  dependence  be  deemed  to  have
violated a release condition on the basis of his or her participation in
medically  prescribed  drug  treatments  under the care of a health care
professional licensed or certified under title eight  of  the  education
law,  acting within his or her lawful scope of practice.  The provisions
of [subdivision one of] section [530.60] 530.10 of this chapter relating
to [revocation of recognizance or  bail]  ISSUANCE  OF  SECURING  ORDERS
shall apply to such proceedings under this subdivision.
  § 29. Subdivisions 2 and 3 of section 620.50 of the criminal procedure
law are amended to read as follows:

S. 1505                            107                           A. 2005

  2.  If the court is satisfied after such hearing that there is reason-
able  cause to believe that the prospective witness (a) possesses infor-
mation material to the pending action or proceeding, and (b) will not be
amenable or respond to a subpoena at a time  when  [his]  THE  WITNESS'S
attendance  will  be  sought,  it  may  issue  a material witness order,
adjudging [him] THE INDIVIDUAL a material witness and  [fixing  bail  to
secure  his]  RELEASING  THE INDIVIDUAL ON THE INDIVIDUAL'S OWN RECOGNI-
ZANCE UNLESS THE COURT FINDS ON THE RECORD THAT RELEASE ON  RECOGNIZANCE
WILL  NOT  REASONABLY  ENSURE THE INDIVIDUAL'S COURT ATTENDANCE. IN SUCH
INSTANCES THE COURT  WILL  RELEASE  THE  INDIVIDUAL  UNDER  NON-MONETARY
CONDITIONS,  SELECTING  THE  LEAST  RESTRICTIVE  ALTERNATIVE  THAT  WILL
REASONABLY ENSURE THE INDIVIDUAL'S future attendance.
  3.   [A] WHEN A material witness  order  [must  be]  IS  executed  [as
follows:
  (a)    If  the  bail is posted and approved by the court], the witness
must[, as provided in subdivision three of section 510.40,] be  released
and be permitted to remain at liberty[; provided that, where the bail is
posted  by  a  person  other  than the witness himself, he may not be so
released except upon his signed written consent thereto;
  (b)  If the bail is not posted, or if though posted it is not approved
by the court, the witness must[, as provided  in  subdivision  three  of
section 510.40, be committed to the custody of the sheriff].
  §  30.  Section  216  of  the judiciary law is amended by adding a new
subdivision 5 to read as follows:
  5. (A) THE CHIEF ADMINISTRATOR OF THE COURTS  SHALL  COLLECT  DATA  AT
ARRAIGNMENT  ON  ALL PRETRIAL RELEASE AND DETENTION DECISIONS, INCLUDING
INFORMATION ON SEX, RACE, CRIMINAL CHARGE, THE PRETRIAL RELEASE DECISION
OUTCOME, WHETHER THE INDIVIDUAL WAS DETAINED, WHETHER  ELECTRONIC  MONI-
TORING  WAS  IMPOSED, AND  INFORMATION ON ANY PRETRIAL MOTIONS MADE, AND
MOTIONS GRANTED.
  (B) THE OFFICE OF COURT ADMINISTRATION SHALL PROVIDE DATA AND INFORMA-
TION TO THE DIVISION OF CRIMINAL JUSTICE SERVICES WHICH WILL PREPARE  AN
ANNUAL  REPORT  ON  PRETRIAL RELEASE AND DETENTION OUTCOMES, AND INCLUDE
INFORMATION  ON  THE  SEX,  RACE,  CRIMINAL  CHARGE,  PRETRIAL  DECISION
OUTCOMES,  THE USE OF ELECTRONIC  MONITORING, PRETRIAL MOTIONS, RATES OF
FAILURE TO APPEAR AND RATES OF REARREST FOR INDIVIDUALS RELEASED  BEFORE
TRIAL. THE REPORT SHALL ALSO INCLUDE  INFORMATION  ON  PRETRIAL  SERVICE
AGENCY ACTIVITY.
  § 31. This act shall take effect November 1, 2020.

                                SUBPART B

  Section 1. Article 240 of the criminal procedure law is REPEALED.
  § 2. The criminal procedure law is amended by adding a new article 245
to read as follows:
                               ARTICLE 245
                                DISCOVERY
SECTION 245.10 TIMING OF DISCOVERY.
        245.20 AUTOMATIC DISCOVERY.
        245.25 DISCLOSURE PRIOR TO GUILTY PLEA DEADLINE.
        245.30 COURT ORDERS FOR PRESERVATION, ACCESS OR DISCOVERY.
        245.35 COURT ORDERED PROCEDURES TO FACILITATE COMPLIANCE.
        245.40 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
        245.45 DNA COMPARISON ORDER.
        245.50 CERTIFICATES OF COMPLIANCE.
        245.55 FLOW OF INFORMATION.

S. 1505                            108                           A. 2005

        245.60 CONTINUING DUTY TO DISCLOSE.
        245.65 WORK PRODUCT.
        245.70 PROTECTIVE ORDERS.
        245.75 WAIVER OF DISCOVERY BY DEFENDANT.
        245.80 REMEDIES OR SANCTIONS FOR NON-COMPLIANCE.
        245.85 ADMISSIBILITY OF DISCOVERY.
§ 245.10 TIMING OF DISCOVERY.
  1. PROSECUTION'S PERFORMANCE OF OBLIGATIONS. (A) THE PROSECUTION SHALL
PERFORM  ITS  INITIAL    DISCOVERY  OBLIGATIONS UNDER SUBDIVISION ONE OF
SECTION 245.20 OF THIS ARTICLE AS SOON AS   PRACTICABLE  BUT  NOT  LATER
THAN  FIFTEEN  CALENDAR  DAYS  AFTER  THE  DEFENDANT'S ARRAIGNMENT ON AN
INDICTMENT, SUPERIOR COURT INFORMATION, PROSECUTOR'S INFORMATION, INFOR-
MATION, OR SIMPLIFIED INFORMATION. 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 IF PRACTICABLE. WHEN THE  DISCOVERABLE
MATERIALS ARE EXCEPTIONALLY VOLUMINOUS OR, DESPITE DILIGENT EFFORTS, ARE
OTHERWISE NOT IN THE POSSESSION, CUSTODY, OR CONTROL 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 CALENDAR DAYS BEFORE
TRIAL.
  2. DEFENDANT'S PERFORMANCE OF OBLIGATIONS. THE DEFENDANT SHALL PERFORM
HIS OR HER DISCOVERY  OBLIGATIONS  UNDER  SUBDIVISION  FOUR  OF  SECTION
245.20  OF THIS ARTICLE NOT LATER THAN FIFTEEN CALENDAR DAYS AFTER BEING
SERVED WITH THE PROSECUTION'S  CERTIFICATE  OF  COMPLIANCE  PURSUANT  TO
SUBDIVISION  ONE OF SECTION 245.50 OF THIS ARTICLE, EXCEPT THAT 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 ARTI-
CLE;  BUT  THE  PROSECUTION MUST BE NOTIFIED IN WRITING THAT INFORMATION
HAS NOT BEEN DISCLOSED UNDER A PARTICULAR SECTION  AND  THE  DISCLOSABLE
PORTIONS OF SUCH MATERIAL SHALL BE DISCLOSED IF PRACTICABLE.
§ 245.20 AUTOMATIC DISCOVERY.
  1.  INITIAL  DISCOVERY  FOR THE DEFENDANT. SUBJECT TO PARAGRAPH (B) OF
THIS SUBDIVISION AND SECTION 245.70 OF  THIS  ARTICLE,  THE  PROSECUTION
SHALL  DISCLOSE  TO THE DEFENDANT, AND PERMIT THE DEFENDANT TO DISCOVER,
INSPECT, COPY OR PHOTOGRAPH, EACH OF THE FOLLOWING ITEMS AND INFORMATION
WHEN IT RELATES TO THE  SUBJECT  MATTER  OF  THE  CASE  AND  IS  IN  THE
POSSESSION,  CUSTODY  OR  CONTROL OF THE PROSECUTION OR PERSONS KNOWN TO
THE PROSECUTION TO BE IN THE POSSESSION, CUSTODY OR CONTROL OF THE PROS-
ECUTION'S DIRECTION OR CONTROL:
  (A) ALL WRITTEN OR RECORDED STATEMENTS, AND THE SUBSTANCE OF ALL  ORAL
STATEMENTS,  MADE BY THE DEFENDANT OR A CO-DEFENDANT TO A PUBLIC SERVANT
ENGAGED IN LAW ENFORCEMENT ACTIVITY OR TO A PERSON THEN ACTING UNDER HIS
OR HER DIRECTION OR IN COOPERATION WITH HIM OR HER,  OTHER  THAN  STATE-
MENTS MADE IN THE COURSE OF THE CRIMINAL TRANSACTION.
  (B)  ALL  TRANSCRIPTS  OF  THE TESTIMONY OF A PERSON WHO HAS TESTIFIED
BEFORE A GRAND JURY, INCLUDING BUT NOT LIMITED TO  THE  DEFENDANT  OR  A
CO-DEFENDANT. IF IN THE EXERCISE OF REASONABLE DILIGENCE, AND DUE TO THE
LIMITED   AVAILABILITY  OF  TRANSCRIPTION  RESOURCES,  A  TRANSCRIPT  IS
UNAVAILABLE FOR DISCLOSURE WITHIN THE TIME PERIOD SPECIFIED IN  SUBDIVI-

S. 1505                            109                           A. 2005

SION  ONE  OF  SECTION  245.10  OF THIS ARTICLE, SUCH TIME PERIOD 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;
EXCEPT THAT SUCH DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND NOT
LATER THAN THIRTY CALENDAR DAYS BEFORE A SCHEDULED  TRIAL DATE. WHEN THE
COURT  IS    REQUIRED  TO REVIEW GRAND JURY TRANSCRIPTS, THE PROSECUTION
SHALL DISCLOSE SUCH TRANSCRIPTS TO THE COURT EXPEDITIOUSLY UPON  RECEIPT
BY THE PROSECUTOR, NOTWITHSTANDING THE OTHERWISE-APPLICABLE TIME PERIODS
FOR DISCLOSURE IN THIS ARTICLE.
  (C) THE NAMES OF, AND ADDRESSES OR ADEQUATE ALTERNATIVE CONTACT INFOR-
MATION  FOR, ALL   PERSONS OTHER THAN LAW ENFORCEMENT PERSONNEL WHOM THE
PROSECUTOR KNOWS TO HAVE EVIDENCE OR INFORMATION RELEVANT TO ANY OFFENSE
CHARGED OR TO A POTENTIAL DEFENSE THERETO, INCLUDING  A  DESIGNATION  BY
THE  PROSECUTOR AS TO WHICH OF THOSE PERSONS MAY BE CALLED AS WITNESSES.
INFORMATION UNDER THIS SUBDIVISION RELATING TO A CONFIDENTIAL  INFORMANT
MAY BE WITHHELD, AND REDACTED FROM DISCOVERY MATERIALS, WITHOUT NEED FOR
A  MOTION  PURSUANT TO SECTION 245.70 OF THIS ARTICLE; BUT THE DEFENDANT
SHALL BE  NOTIFIED  IN  WRITING  THAT  SUCH  INFORMATION  HAS  NOT  BEEN
DISCLOSED, UNLESS THE COURT RULES OTHERWISE FOR GOOD CAUSE SHOWN.
  (D)  THE  NAME  AND  WORK AFFILIATION OF ALL LAW ENFORCEMENT PERSONNEL
WHOM THE PROSECUTOR KNOWS TO HAVE EVIDENCE OR  INFORMATION  RELEVANT  TO
ANY  OFFENSE  CHARGED  OR  TO A POTENTIAL DEFENSE   THERETO, INCLUDING A
DESIGNATION BY THE PROSECUTOR AS TO WHICH OF THOSE PERSONS MAY BE CALLED
AS  WITNESSES. INFORMATION UNDER THIS SUBDIVISION RELATING TO UNDERCOVER
PERSONNEL MAY BE WITHHELD, AND REDACTED FROM DISCOVERY MATERIALS,  WITH-
OUT  NEED  FOR  A MOTION PURSUANT TO SECTION 245.70 OF THIS ARTICLE; BUT
THE DEFENDANT SHALL BE NOTIFIED IN WRITING THAT SUCH INFORMATION HAS NOT
BEEN DISCLOSED, UNLESS THE COURT RULES OTHERWISE FOR GOOD CAUSE SHOWN.
  (E) ALL STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN  ANY  WRITING
OR  RECORDING, MADE BY PERSONS WHO HAVE EVIDENCE OR INFORMATION RELEVANT
TO ANY OFFENSE CHARGED OR TO A POTENTIAL  DEFENSE THERETO, INCLUDING ALL
POLICE REPORTS AND LAW ENFORCEMENT AGENCY REPORTS.  THIS PROVISION  ALSO
INCLUDES STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING OR
RECORDING, BY PERSONS TO BE CALLED AS WITNESSES AT PRE-TRIAL HEARINGS.
  (F)  EXPERT  OPINION  EVIDENCE,  INCLUDING THE NAME, BUSINESS ADDRESS,
CURRENT CURRICULUM  VITAE, AND A LIST OF  PUBLICATIONS  OF  EACH  EXPERT
WITNESS  WHOM  THE PROSECUTOR INTENDS TO CALL AS A WITNESS AT TRIAL OR A
PRE-TRIAL HEARING, AND ALL REPORTS PREPARED BY THE EXPERT  THAT  PERTAIN
TO  THE  CASE,  OR  IF NO REPORT IS PREPARED, A WRITTEN STATEMENT OF THE
FACTS AND OPINIONS TO WHICH THE EXPERT IS  EXPECTED  TO  TESTIFY  AND  A
SUMMARY  OF  THE GROUNDS FOR EACH OPINION. THIS PARAGRAPH DOES NOT ALTER
OR IN ANY WAY AFFECT THE PROCEDURES, OBLIGATIONS OR RIGHTS SET FORTH  IN
SECTION  250.10  OF THIS   TITLE. IF IN THE EXERCISE OF REASONABLE DILI-
GENCE THIS INFORMATION IS UNAVAILABLE FOR  DISCLOSURE  WITHIN  THE  TIME
PERIOD  SPECIFIED  IN SUBDIVISION ONE OF SECTION 245.10 OF THIS ARTICLE,
THAT PERIOD   SHALL BE STAYED WITHOUT NEED  FOR  A  MOTION  PURSUANT  TO
SUBDIVISION  TWO  OF  SECTION  245.70 OF THIS   ARTICLE; EXCEPT THAT THE
DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND NOT LATER THAN THIR-
TY CALENDAR DAYS BEFORE A SCHEDULED  TRIAL  DATE,  UNLESS  AN  ORDER  IS
OBTAINED  PURSUANT  TO  SECTION  245.70 OF THIS ARTICLE. WHEN THE PROSE-
CUTION'S EXPERT WITNESS IS BEING CALLED IN RESPONSE TO DISCLOSURE OF  AN
EXPERT  WITNESS  BY THE DEFENDANT, THE COURT MAY ALTER A SCHEDULED TRIAL
DATE TO  ALLOW THE PROSECUTION THIRTY CALENDAR DAYS TO MAKE THE  DISCLO-
SURE  AND  THE  DEFENDANT THIRTY CALENDAR DAYS TO PREPARE AND RESPOND TO
THE NEW MATERIALS.

S. 1505                            110                           A. 2005

  (G) ALL TAPES OR OTHER ELECTRONIC  RECORDINGS  WHICH  THE  PROSECUTION
INTENDS TO INTRODUCE AT TRIAL OR A PRE-TRIAL HEARING.
  (H) ALL PHOTOGRAPHS AND DRAWINGS MADE OR COMPLETED BY A PUBLIC SERVANT
ENGAGED  IN  LAW    ENFORCEMENT ACTIVITY, OR WHICH WERE MADE BY A PERSON
WHOM THE PROSECUTOR INTENDS TO CALL AS A WITNESS AT TRIAL OR A PRE-TRIAL
HEARING, OR WHICH THE PROSECUTION INTENDS TO INTRODUCE  AT  TRIAL  OR  A
PRE-TRIAL HEARING.
  (I)  ALL  PHOTOGRAPHS, PHOTOCOPIES AND REPRODUCTIONS MADE BY OR AT THE
DIRECTION OF LAW ENFORCEMENT PERSONNEL OF  ANY  PROPERTY  PRIOR  TO  ITS
RELEASE PURSUANT TO SECTION 450.10 OF THE PENAL  LAW.
  (J)  ALL REPORTS, DOCUMENTS, DATA, CALCULATIONS OR WRITINGS, INCLUDING
BUT NOT LIMITED TO   PRELIMINARY TESTS OR SCREENING  RESULTS  AND  BENCH
NOTES,  CONCERNING PHYSICAL OR MENTAL  EXAMINATIONS, OR SCIENTIFIC TESTS
OR EXPERIMENTS OR COMPARISONS, AND  ANALYSES  PERFORMED  ELECTRONICALLY,
RELATING  TO  THE CRIMINAL ACTION OR PROCEEDING WHICH WERE MADE BY OR AT
THE REQUEST OR DIRECTION OF A PUBLIC SERVANT ENGAGED IN LAW  ENFORCEMENT
ACTIVITY,  OR WHICH WERE MADE BY A PERSON WHOM THE PROSECUTOR INTENDS TO
CALL AS A WITNESS AT TRIAL OR A PRE-TRIAL HEARING, OR WHICH  THE  PROSE-
CUTION INTENDS TO INTRODUCE AT TRIAL OR A PRE-TRIAL HEARING.
  (K)  ALL  EVIDENCE  AND  INFORMATION, INCLUDING THAT WHICH IS KNOWN TO
POLICE OR OTHER LAW ENFORCEMENT  AGENCIES  ACTING  ON  THE  GOVERNMENT'S
BEHALF  IN  THE CASE, THAT TENDS TO: (I) NEGATE THE DEFENDANT'S GUILT AS
TO A CHARGED OFFENSE; (II) REDUCE THE DEGREE OF OR MITIGATE THE  DEFEND-
ANT'S    CULPABILITY  AS TO A CHARGED OFFENSE; (III) SUPPORT A POTENTIAL
DEFENSE TO A CHARGED OFFENSE; (IV) MATERIALLY IMPACT THE CREDIBILITY  OF
A  TESTIFYING PROSECUTION WITNESS; (V) UNDERMINE EVIDENCE OF THE DEFEND-
ANT'S IDENTITY AS A PERPETRATOR OF A CHARGED OFFENSE; OR (VI) PROVIDE  A
BASIS  FOR A MOTION TO  SUPPRESS EVIDENCE. INFORMATION UNDER THIS SUBDI-
VISION SHALL BE DISCLOSED WHETHER OR NOT SUCH INFORMATION IS RECORDED IN
TANGIBLE FORM AND IRRESPECTIVE OF WHETHER  THE  PROSECUTOR  CREDITS  THE
INFORMATION. THE PROSECUTOR SHALL DISCLOSE THE INFORMATION EXPEDITIOUSLY
UPON ITS RECEIPT AND SHALL NOT DELAY DISCLOSURE IF IT IS OBTAINED EARLI-
ER  THAN  THE  TIME  PERIOD FOR DISCLOSURE IN SUBDIVISION ONE OF SECTION
245.10 OF THIS ARTICLE.
  (L) A SUMMARY OF ALL PROMISES, REWARDS AND INDUCEMENTS MADE TO, OR  IN
FAVOR  OF,  PERSONS  WHO MAY BE CALLED AS WITNESSES, AS WELL AS REQUESTS
FOR CONSIDERATION BY PERSONS WHO MAY BE CALLED AS  WITNESSES AND  COPIES
OF ALL DOCUMENTS RELEVANT TO A PROMISE, REWARD OR INDUCEMENT.
  (M)  A  LIST  OF  ALL  TANGIBLE  OBJECTS  OBTAINED  FROM, OR ALLEGEDLY
POSSESSED BY, THE DEFENDANT  OR A CO-DEFENDANT. THE LIST SHALL INCLUDE A
DESIGNATION BY THE PROSECUTOR AS TO WHICH  OBJECTS  WERE  PHYSICALLY  OR
CONSTRUCTIVELY  POSSESSED  BY  THE DEFENDANT AND WERE RECOVERED DURING A
SEARCH OR SEIZURE BY A PUBLIC SERVANT OR AN  AGENT  THEREOF,  AND  WHICH
TANGIBLE OBJECTS WERE RECOVERED BY A  PUBLIC SERVANT OR AN AGENT THEREOF
AFTER  ALLEGEDLY  BEING  ABANDONED  BY THE DEFENDANT. IF THE PROSECUTION
INTENDS TO PROVE THE DEFENDANT'S POSSESSION OF ANY TANGIBLE  OBJECTS  BY
MEANS  OF A STATUTORY PRESUMPTION OF POSSESSION, IT SHALL DESIGNATE SUCH
INTENTION AS TO EACH SUCH OBJECT. IF REASONABLY PRACTICABLE, THE  PROSE-
CUTION SHALL ALSO DESIGNATE THE LOCATION FROM WHICH EACH TANGIBLE OBJECT
WAS  RECOVERED.   THERE IS ALSO A RIGHT TO INSPECT OR COPY OR PHOTOGRAPH
THE LISTED TANGIBLE OBJECTS.
  (N) WHETHER A SEARCH WARRANT  HAS  BEEN  EXECUTED  AND  ALL  DOCUMENTS
RELATING  THERETO, INCLUDING BUT NOT LIMITED TO THE WARRANT, THE WARRANT
APPLICATION, SUPPORTING AFFIDAVITS, A POLICE INVENTORY OF  ALL  PROPERTY
SEIZED  UNDER  THE  WARRANT,  AND A TRANSCRIPT OF ALL TESTIMONY OR OTHER
ORAL COMMUNICATIONS OFFERED IN SUPPORT OF THE WARRANT APPLICATION.

S. 1505                            111                           A. 2005

  (O) ALL TANGIBLE PROPERTY THAT THE PROSECUTION INTENDS TO INTRODUCE IN
ITS CASE-IN-CHIEF AT TRIAL OR A PRE-TRIAL HEARING. IF IN THE EXERCISE OF
REASONABLE DILIGENCE THE PROSECUTOR HAS NOT FORMED AN  INTENTION  WITHIN
THE  TIME  PERIOD SPECIFIED IN SUBDIVISION ONE OF SECTION 245.10 OF THIS
ARTICLE  THAT AN ITEM UNDER THIS SUBDIVISION WILL BE INTRODUCED AT TRIAL
OR A PRE-TRIAL HEARING, SUCH TIME PERIOD SHALL BE  STAYED  WITHOUT  NEED
FOR A MOTION PURSUANT TO SUBDIVISION TWO OF SECTION 245.70 OF THIS ARTI-
CLE; BUT THE DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND SUBJECT
TO THE CONTINUING DUTY TO DISCLOSE IN SECTION 245.60 OF THIS ARTICLE.
  (P)  A  RECORD  OF  JUDGMENT  OF CONVICTION FOR ALL DEFENDANTS AND ALL
PERSONS DESIGNATED AS POTENTIAL PROSECUTION WITNESSES PURSUANT TO  PARA-
GRAPH  (C)  OF  THIS  SUBDIVISION,  OTHER  THAN  THOSE WITNESSES WHO ARE
EXPERTS.
  (Q) WHEN IT IS KNOWN TO THE PROSECUTION, THE EXISTENCE OF ANY  PENDING
CRIMINAL  ACTION AGAINST ALL PERSONS DESIGNATED AS POTENTIAL PROSECUTION
WITNESSES PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
  (R) THE APPROXIMATE DATE, TIME AND PLACE OF THE  OFFENSE  OR  OFFENSES
CHARGED AND OF THE DEFENDANT'S SEIZURE AND ARREST.
  (S) IN ANY PROSECUTION ALLEGING A VIOLATION OF THE VEHICLE AND TRAFFIC
LAW, WHERE THE DEFENDANT IS CHARGED BY INDICTMENT, SUPERIOR COURT INFOR-
MATION,  PROSECUTOR'S  INFORMATION,  INFORMATION, OR SIMPLIFIED INFORMA-
TION, THE MOST RECENT RECORD OF INSPECTION, CALIBRATION  AND  REPAIR  OF
MACHINES  AND  INSTRUMENTS  UTILIZED TO PERFORM ANY SCIENTIFIC TESTS AND
EXPERIMENTS AND THE CERTIFICATION CERTIFICATE, IF ANY, HELD BY THE OPER-
ATOR OF THE MACHINE OR INSTRUMENT, AND ALL   OTHER DISCLOSURES  REQUIRED
UNDER THIS ARTICLE.
  (T)  IN  ANY  PROSECUTION  ALLEGING  A  VIOLATION OF SECTION 156.05 OR
156.10 OF THE PENAL LAW, THE  TIME,  PLACE  AND  MANNER  SUCH  VIOLATION
OCCURRED.
  2.  DISCOVERY  BY THE PROSECUTION.   THE PROSECUTOR SHALL MAKE A DILI-
GENT, GOOD FAITH EFFORT TO ASCERTAIN THE EXISTENCE OF MATERIAL OR INFOR-
MATION DISCOVERABLE UNDER SUBDIVISION ONE OF THIS SECTION AND  TO  CAUSE
SUCH    MATERIAL OR INFORMATION TO BE MADE AVAILABLE FOR DISCOVERY WHERE
IT EXISTS BUT IS NOT WITHIN  THE  PROSECUTOR'S  POSSESSION,  CUSTODY  OR
CONTROL; PROVIDED THAT THE PROSECUTOR SHALL NOT BE REQUIRED TO OBTAIN BY
SUBPOENA  DUCES  TECUM  MATERIAL  OR INFORMATION WHICH THE DEFENDANT MAY
THEREBY OBTAIN. THIS PROVISION  SHALL  NOT  REQUIRE  THE  PROSECUTOR  TO
ASCERTAIN  THE EXISTENCE OF WITNESSES NOT KNOWN TO POLICE OR ANOTHER LAW
ENFORCEMENT AGENCY, OR THE WRITTEN OR RECORDED STATEMENTS THEREOF, UNDER
PARAGRAPH (C) OR (E) OF SUBDIVISION ONE OF THIS SECTION.
  3. SUPPLEMENTAL DISCOVERY FOR THE  DEFENDANT.  THE  PROSECUTION  SHALL
DISCLOSE  TO THE DEFENDANT A LIST OF ALL MISCONDUCT AND CRIMINAL ACTS OF
THE DEFENDANT NOT CHARGED IN THE INDICTMENT, SUPERIOR COURT INFORMATION,
PROSECUTOR'S INFORMATION, INFORMATION, OR SIMPLIFIED INFORMATION,  WHICH
THE  PROSECUTION  INTENDS TO USE AT TRIAL FOR PURPOSES OF (A) IMPEACHING
THE CREDIBILITY OF THE DEFENDANT, OR (B) AS  SUBSTANTIVE  PROOF  OF  ANY
MATERIAL ISSUE IN THE CASE.
  4.  RECIPROCAL DISCOVERY FOR THE PROSECUTION. (A) THE DEFENDANT SHALL,
SUBJECT TO CONSTITUTIONAL LIMITATIONS, DISCLOSE TO THE PROSECUTION,  AND
PERMIT  THE  PROSECUTION  TO  DISCOVER, INSPECT, COPY OR PHOTOGRAPH, ANY
MATERIAL AND RELEVANT EVIDENCE WITHIN THE DEFENDANT'S OR COUNSEL FOR THE
DEFENDANT'S POSSESSION OR CONTROL THAT IS DISCOVERABLE UNDER  PARAGRAPHS
(F),  (G),  (H),  (J),  (1)  AND (O) OF SUBDIVISION ONE OF THIS SECTION,
WHICH THE DEFENDANT INTENDS TO OFFER AT TRIAL  OR A  PRE-TRIAL  HEARING,
AND  THE  NAMES,  ADDRESSES, BIRTH DATES, AND ALL STATEMENTS, WRITTEN OR
RECORDED OR SUMMARIZED IN ANY WRITING OR  RECORDING,  OF  THOSE  PERSONS

S. 1505                            112                           A. 2005

OTHER THAN THE DEFENDANT WHOM THE DEFENDANT INTENDS TO CALL AS WITNESSES
AT TRIAL OR A PRE-TRIAL HEARING.
  (B)  DISCLOSURE  OF THE NAME, ADDRESS, BIRTH DATE, AND ALL STATEMENTS,
WRITTEN OR RECORDED OR SUMMARIZED IN ANY  WRITING  OR  RECORDING,  OF  A
PERSON  WHOM  THE  DEFENDANT  INTENDS  TO CALL AS A WITNESS FOR THE SOLE
PURPOSE OF IMPEACHING A PROSECUTION WITNESS IS NOT REQUIRED UNTIL  AFTER
THE PROSECUTION WITNESS HAS TESTIFIED AT TRIAL.
  (C)  IF  IN  THE  EXERCISE  OF  REASONABLE  DILIGENCE THE RECIPROCALLY
DISCOVERABLE INFORMATION  UNDER PARAGRAPH (F) OR (O) OF SUBDIVISION  ONE
OF  THIS  SECTION  IS UNAVAILABLE FOR DISCLOSURE WITHIN  THE TIME PERIOD
SPECIFIED IN SUBDIVISION TWO OF SECTION 245.10  OF  THIS  ARTICLE,  SUCH
TIME PERIOD SHALL BE STAYED WITHOUT NEED FOR A MOTION PURSUANT TO SUBDI-
VISION  TWO OF SECTION 245.70 OF THIS  ARTICLE; BUT THE DISCLOSURE SHALL
BE MADE AS SOON AS PRACTICABLE AND SUBJECT TO  THE  CONTINUING  DUTY  TO
DISCLOSE IN SECTION 245.60 OF THIS ARTICLE.
  5.  STAY  OF  AUTOMATIC  DISCOVERY;  REMEDIES AND SANCTIONS. IF IN THE
JUDGMENT OF EITHER PARTY GOOD CAUSE EXISTS FOR DECLINING TO MAKE ANY  OF
THE  DISCLOSURES  SET  FORTH ABOVE, SUCH PARTY MAY MOVE FOR A PROTECTIVE
ORDER PURSUANT TO SECTION 245.70 OF THIS ARTICLE AND PRODUCTION  OF  THE
ITEM  SHALL  BE STAYED PENDING A RULING BY THE COURT. THE OPPOSING PARTY
SHALL BE NOTIFIED IN WRITING THAT INFORMATION HAS NOT    BEEN  DISCLOSED
UNDER  A  PARTICULAR SECTION. WHEN SOME PARTS OF MATERIAL OR INFORMATION
ARE DISCOVERABLE BUT IN THE JUDGMENT OF A PARTY GOOD  CAUSE  EXISTS  FOR
DECLINING  TO  DISCLOSE  OTHER  PARTS,  THE  DISCOVERABLE PARTS SHALL BE
DISCLOSED AND THE DISCLOSING PARTY SHALL GIVE NOTICE IN    WRITING  THAT
NON-DISCOVERABLE PARTS HAVE BEEN WITHHELD.
  6.  REDACTIONS  PERMITTED.  EITHER  PARTY  MAY  REDACT SOCIAL SECURITY
NUMBERS AND TAX NUMBERS FROM DISCLOSURES UNDER THIS ARTICLE.
§ 245.25 DISCLOSURE PRIOR TO GUILTY PLEA DEADLINE.
  1. PRE-INDICTMENT GUILTY PLEAS. SUBJECT TO  SUBDIVISION  TWO  OF  THIS
SECTION  AND  SECTION  245.70  OF THIS ARTICLE, UPON A FELONY COMPLAINT,
WHERE THE PROSECUTION  HAS  MADE  A  PRE-INDICTMENT  GUILTY  PLEA  OFFER
REQUIRING  A PLEA TO A CRIME, THE DEFENDANT MAY, UPON TIMELY REQUEST AND
REASONABLE NOTICE TO THE PROSECUTION, INSPECT ANY  AVAILABLE  POLICE  OR
OTHER  LAW  ENFORCEMENT  AGENCY REPORT OF A FACTUAL NATURE REGARDING THE
ARREST OR INVESTIGATION OF THE CHARGES, AND/OR ANY DESIGNATED AND AVAIL-
ABLE ITEMS OR INFORMATION THAT COULD BE OF MATERIAL   IMPORTANCE TO  THE
DECISION  ON  THE  GUILTY  PLEA OFFER AND WOULD BE DISCOVERABLE PRIOR TO
TRIAL UNDER SUBDIVISION ONE OF SECTION 245.20 OF THIS ARTICLE. THE PROS-
ECUTION SHALL DISCLOSE THE REQUESTED AND  DESIGNATED ITEMS  OR  INFORMA-
TION,  AS  WELL AS ANY KNOWN INFORMATION THAT TENDS TO BE EXCULPATORY OR
TO SUPPORT A DEFENSE TO A CHARGED OFFENSE, NOT LESS THAN THREE  CALENDAR
DAYS PRIOR TO THE EXPIRATION DATE OF ANY GUILTY PLEA OFFER BY THE PROSE-
CUTION  OR ANY DEADLINE IMPOSED BY THE COURT FOR ACCEPTANCE OF A NEGOTI-
ATED GUILTY PLEA OFFER.  IF THE PROSECUTION DOES NOT COMPLY WITH A PROP-
ER REQUEST MADE PURSUANT TO  THIS    SUBDIVISION,  THE  COURT  MAY  TAKE
APPROPRIATE  ACTION  AS  NECESSARY  TO  ADDRESS  THE NON-COMPLIANCE. THE
INSPECTION RIGHTS UNDER THIS SUBDIVISION DO NOT APPLY TO ITEMS OR INFOR-
MATION THAT ARE THE SUBJECT OF A PROTECTIVE ORDER UNDER  SECTION  245.70
OF  THIS  ARTICLE;  BUT IF SUCH INFORMATION TENDS TO BE EXCULPATORY, THE
COURT SHALL RECONSIDER THE PROTECTIVE  ORDER.  THE  COURT  MAY  DENY  AN
INSPECTION  UNDER  THIS  SUBDIVISION  WHEN  A  REASONABLE  PERSON IN THE
DEFENDANT'S POSITION WOULD NOT CONSIDER  THE  REQUESTED  AND  DESIGNATED
ITEM  OR INFORMATION TO BE OF MATERIAL IMPORTANCE TO THE DECISION ON THE
GUILTY PLEA OFFER. A DEFENDANT MAY WAIVE HIS OR HER  RIGHTS  UNDER  THIS

S. 1505                            113                           A. 2005

SUBDIVISION;  BUT  A  GUILTY  PLEA  OFFER MAY NOT BE CONDITIONED ON SUCH
WAIVER.
  2. OTHER GUILTY PLEAS. UPON AN INDICTMENT, SUPERIOR COURT INFORMATION,
PROSECUTOR'S    INFORMATION,  INFORMATION,  SIMPLIFIED  INFORMATION,  OR
MISDEMEANOR COMPLAINT, WHERE THE PROSECUTION  HAS  MADE  A  GUILTY  PLEA
OFFER  REQUIRING  A  PLEA  TO  A  CRIME,  THE DEFENDANT MAY, UPON TIMELY
REQUEST AND REASONABLE NOTICE TO THE PROSECUTION, INSPECT ANY  AVAILABLE
POLICE  OR  OTHER  LAW  ENFORCEMENT  AGENCY  REPORT  OF A FACTUAL NATURE
REGARDING THE ARREST OR INVESTIGATION OF THE CHARGES, AND/OR ANY  DESIG-
NATED  AND  AVAILABLE  ITEMS  OR  INFORMATION  THAT COULD BE OF MATERIAL
IMPORTANCE TO THE DECISION ON THE GUILTY PLEA OFFER AND WOULD BE DISCOV-
ERABLE PRIOR TO TRIAL UNDER SUBDIVISION ONE OF SECTION  245.20  OF  THIS
ARTICLE.  THE  PROSECUTION  SHALL  DISCLOSE THE REQUESTED AND DESIGNATED
ITEMS OR INFORMATION, AS WELL AS ANY KNOWN INFORMATION THAT TENDS TO  BE
EXCULPATORY  OR TO SUPPORT A DEFENSE TO A CHARGED OFFENSE, NOT LESS THAN
SEVEN CALENDAR DAYS PRIOR TO THE EXPIRATION  DATE  OF  ANY  GUILTY  PLEA
OFFER  BY  THE  PROSECUTION  OR  ANY DEADLINE IMPOSED BY THE COURT FOR A
GUILTY PLEA. IF THE PROSECUTION DOES NOT COMPLY WITH  A  PROPER  REQUEST
MADE PURSUANT TO THIS SUBDIVISION, THE COURT MAY TAKE APPROPRIATE ACTION
AS  NECESSARY TO ADDRESS THE NON-COMPLIANCE. THE INSPECTION RIGHTS UNDER
THIS SUBDIVISION DO NOT APPLY TO  ITEMS  OR  INFORMATION  THAT  ARE  THE
SUBJECT  OF A PROTECTIVE ORDER UNDER SECTION 245.70 OF THIS ARTICLE; BUT
IF SUCH INFORMATION TENDS TO BE EXCULPATORY, THE COURT SHALL  RECONSIDER
THE    PROTECTIVE  ORDER.  THE  COURT  MAY DENY AN INSPECTION UNDER THIS
SUBDIVISION WHEN A REASONABLE PERSON IN THE DEFENDANT'S  POSITION  WOULD
NOT  CONSIDER  THE REQUESTED AND DESIGNATED ITEM OR INFORMATION TO BE OF
MATERIAL IMPORTANCE TO THE DECISION ON THE GUILTY PLEA OFFER. A  DEFEND-
ANT  MAY  WAIVE  HIS  OR HER RIGHTS UNDER THIS SUBDIVISION, BUT A GUILTY
PLEA OFFER MAY NOT BE CONDITIONED ON SUCH WAIVER.
§ 245.30 COURT ORDERS FOR PRESERVATION, ACCESS OR DISCOVERY.
  1. ORDER TO PRESERVE EVIDENCE. AT ANY TIME, A PARTY  MAY  MOVE  FOR  A
COURT  ORDER  TO  ANY  INDIVIDUAL, AGENCY OR OTHER ENTITY IN POSSESSION,
CUSTODY OR CONTROL OF ITEMS WHICH RELATE TO THE SUBJECT  MATTER  OF  THE
CASE  OR  ARE OTHERWISE RELEVANT, REQUIRING THAT SUCH ITEMS BE PRESERVED
FOR A SPECIFIED PERIOD OF TIME. THE COURT SHALL HEAR AND RULE UPON  SUCH
MOTIONS  EXPEDITIOUSLY.  THE    COURT MAY MODIFY OR VACATE SUCH AN ORDER
UPON A SHOWING THAT PRESERVATION  OF  PARTICULAR  EVIDENCE  WILL  CREATE
SIGNIFICANT  HARDSHIP,  ON  CONDITION  THAT  THE PROBATIVE VALUE OF THAT
EVIDENCE IS PRESERVED BY A SPECIFIED ALTERNATIVE MEANS.
  2. ORDER TO GRANT ACCESS TO PREMISES.  WITHOUT PREJUDICE TO ITS ABILI-
TY TO ISSUE A SUBPOENA PURSUANT TO THIS  CHAPTER,  AFTER  AN  ACCUSATORY
INSTRUMENT  HAS  BEEN  FILED,  ON  APPLICATION OF THE PROSECUTION OR THE
DEFENDANT FOR ACCESS TO AN AREA OR PLACE RELEVANT TO THE CASE  IN  ORDER
TO INSPECT, PHOTOGRAPH, OR MEASURE SAME, AND UPON NOTICE TO THE PROPERTY
OWNER  WITH A RIGHT TO BE HEARD, THE COURT MAY, UPON A FINDING THAT SUCH
WOULD BE MATERIAL TO THE PREPARATION OF THE CASE OR HELPFUL TO THE  JURY
IN  DETERMINING  ANY  MATERIAL FACTUAL ISSUE, ENTER AN ORDER AUTHORIZING
SAME ON A DATE  AND  TIME  REASONABLE  FOR  THE  PARTIES  AND  THOSE  IN
POSSESSION OF THE AREA OR PLACE, PROVIDED THAT LAW ENFORCEMENT IS NOT IN
GOOD  FAITH  ENGAGED  IN A CONTINUED INVESTIGATION OF THE AREA OR PLACE.
THE COURT MAY IN THE ALTERNATIVE OTHERWISE PROVIDE FOR THE  SECURING  OF
PHOTOGRAPHS  OR  MEASUREMENTS  OF  THE  AREA OR PLACE, PARTICULARLY WHEN
NECESSARY TO PROTECT THE PRIVACY OF THOSE IN POSSESSION OF PRIVATE PREM-
ISES, OR WHEN NECESSARY TO PRESERVE THE SAFETY AND SECURITY OF A  PLACE.
THE  COURT  MAY ALSO LIMIT ACCESS AND/OR THE DISTRIBUTION OF PHOTOGRAPHS
OR MEASUREMENTS TO THE PARTIES OR THEIR COUNSEL.

S. 1505                            114                           A. 2005

  3. DISCRETIONARY DISCOVERY BY ORDER OF THE COURT.  THE  COURT  IN  ITS
DISCRETION  MAY,  UPON  A  SHOWING  BY THE DEFENDANT THAT THE REQUEST IS
REASONABLE AND THAT THE DEFENDANT IS UNABLE WITHOUT  UNDUE  HARDSHIP  TO
OBTAIN THE SUBSTANTIAL EQUIVALENT BY OTHER MEANS, ORDER THE PROSECUTION,
OR ANY INDIVIDUAL, AGENCY OR OTHER ENTITY SUBJECT TO THE JURISDICTION OF
THE COURT, TO MAKE AVAILABLE FOR DISCLOSURE TO THE DEFENDANT ANY MATERI-
AL OR INFORMATION WHICH RELATES TO THE SUBJECT MATTER OF THE CASE AND IS
REASONABLY  LIKELY  TO BE MATERIAL. A MOTION UNDER THIS SUBDIVISION MUST
BE ON NOTICE TO ANY PERSON OR ENTITY AFFECTED BY THE  ORDER.  THE  COURT
MAY,  ON  ITS  OWN, UPON REQUEST OF ANY PERSON OR ENTITY AFFECTED BY THE
ORDER, MODIFY OR VACATE THE ORDER IF COMPLIANCE WOULD BE UNREASONABLE OR
WILL CREATE SIGNIFICANT HARDSHIP. THE COURT MAY PERMIT A  PARTY  SEEKING
OR  OPPOSING  A DISCRETIONARY ORDER OF DISCOVERY UNDER THIS SUBDIVISION,
OR ANOTHER AFFECTED PERSON OR ENTITY, TO SUBMIT PAPERS OR TESTIFY ON THE
RECORD EX PARTE OR IN CAMERA. ANY SUCH PAPERS AND A TRANSCRIPT  OF  SUCH
TESTIMONY  MAY  BE  SEALED  AND SHALL CONSTITUTE A PART OF THE RECORD ON
APPEAL.
§ 245.35 COURT ORDERED PROCEDURES TO FACILITATE COMPLIANCE.
  TO FACILITATE COMPLIANCE WITH THIS ARTICLE, AND TO REDUCE  OR  STREAM-
LINE  LITIGATION  OF  ANY  DISPUTES  ABOUT  DISCOVERY,  THE COURT IN ITS
DISCRETION MAY ISSUE AN ORDER:
  1. REQUIRING THAT THE PROSECUTOR AND COUNSEL FOR THE  DEFENDANT  DILI-
GENTLY  CONFER  TO  ATTEMPT  TO REACH AN ACCOMMODATION AS TO ANY DISPUTE
CONCERNING DISCOVERY PRIOR TO SEEKING A RULING FROM THE COURT;
  2. REQUIRING A DISCOVERY COMPLIANCE CONFERENCE  AT  A  SPECIFIED  TIME
PRIOR  TO  TRIAL BETWEEN THE PROSECUTOR, COUNSEL FOR ALL DEFENDANTS, AND
THE COURT OR ITS STAFF;
  3. REQUIRING THE PROSECUTION TO  FILE  AN  ADDITIONAL  CERTIFICATE  OF
COMPLIANCE  THAT STATES THAT  THE PROSECUTOR AND/OR AN APPROPRIATE NAMED
AGENT HAS MADE REASONABLE INQUIRIES OF ALL  POLICE  OFFICERS  AND  OTHER
PERSONS  WHO  HAVE  PARTICIPATED IN INVESTIGATING OR EVALUATING THE CASE
ABOUT THE EXISTENCE OF ANY  FAVORABLE  EVIDENCE  OR  INFORMATION  WITHIN
PARAGRAPH  (K)  OF  SUBDIVISION  ONE  OF SECTION 245.20 OF THIS ARTICLE,
INCLUDING SUCH EVIDENCE OR INFORMATION THAT WAS NOT REDUCED  TO  WRITING
OR  OTHERWISE  MEMORIALIZED  OR PRESERVED AS EVIDENCE, AND HAS DISCLOSED
ANY SUCH  INFORMATION TO THE DEFENDANT; AND/OR
  4. REQUIRING OTHER MEASURES OR  PROCEEDINGS  DESIGNED  TO  CARRY  INTO
EFFECT THE GOALS OF THIS ARTICLE.
§ 245.40 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
  1.  AVAILABILITY.  AFTER  THE  FILING OF AN ACCUSATORY INSTRUMENT, AND
SUBJECT TO CONSTITUTIONAL  LIMITATIONS, THE COURT MAY,  UPON  MOTION  OF
THE  PROSECUTION  SHOWING  PROBABLE  CAUSE  TO BELIEVE THE DEFENDANT HAS
COMMITTED THE CRIME, A CLEAR INDICATION THAT RELEVANT MATERIAL  EVIDENCE
WILL  BE FOUND, AND THAT THE METHOD USED TO SECURE SUCH EVIDENCE IS SAFE
AND RELIABLE, REQUIRE A DEFENDANT  TO PROVIDE NON-TESTIMONIAL  EVIDENCE,
INCLUDING TO:
  (A) APPEAR IN A LINEUP;
  (B) SPEAK FOR IDENTIFICATION BY A WITNESS OR POTENTIAL WITNESS;
  (C) BE FINGERPRINTED;
  (D) POSE FOR PHOTOGRAPHS NOT INVOLVING REENACTMENT OF AN EVENT;
  (E)  PERMIT  THE TAKING OF SAMPLES OF THE DEFENDANT'S BLOOD, HAIR, AND
OTHER MATERIALS OF THE DEFENDANT'S BODY THAT  INVOLVES  NO  UNREASONABLE
INTRUSION THEREOF;
  (F) PROVIDE SPECIMENS OF THE DEFENDANT'S HANDWRITING; AND
  (G)  SUBMIT  TO  A  REASONABLE  PHYSICAL  OR MEDICAL INSPECTION OF THE
DEFENDANT'S BODY.

S. 1505                            115                           A. 2005

  2. LIMITATIONS. THIS SECTION SHALL NOT BE CONSTRUED TO ALTER OR IN ANY
WAY AFFECT THE ISSUANCE OF A SIMILAR COURT ORDER, AS MAY  BE  AUTHORIZED
BY  LAW,  BEFORE THE FILING OF AN ACCUSATORY INSTRUMENT, CONSISTENT WITH
SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THE STATE  CONSTITUTION  OR
THE  UNITED  STATES CONSTITUTION. THIS SECTION SHALL NOT BE CONSTRUED TO
ALTER OR IN ANY WAY AFFECT THE ADMINISTRATION OF A CHEMICAL  TEST  WHERE
OTHERWISE  AUTHORIZED. AN ORDER PURSUANT TO THIS SECTION  MAY BE DENIED,
LIMITED OR CONDITIONED AS PROVIDED IN SECTION 245.70 OF THIS ARTICLE.
§ 245.45 DNA COMPARISON ORDER.
  WHERE PROPERTY IN THE PROSECUTION'S POSSESSION,  CUSTODY,  OR  CONTROL
CONSISTS  OF  A    DEOXYRIBONUCLEIC  ACID  ("DNA") PROFILE OBTAINED FROM
PROBATIVE BIOLOGICAL MATERIAL GATHERED IN CONNECTION WITH  THE  INVESTI-
GATION OF THE CRIME, OR THE DEFENDANT, OR THE PROSECUTION OF THE DEFEND-
ANT,  AND  THE DEFENDANT ESTABLISHES (A) THAT SUCH PROFILE COMPLIES WITH
FEDERAL BUREAU OF INVESTIGATION OR  STATE  REQUIREMENTS,  WHICHEVER  ARE
APPLICABLE AND AS SUCH REQUIREMENTS ARE APPLIED TO LAW ENFORCEMENT AGEN-
CIES  SEEKING  A KEYBOARD SEARCH OR SIMILAR COMPARISON, AND (B) THAT THE
DATA MEETS STATE DNA INDEX  SYSTEM OR NATIONAL DNA INDEX SYSTEM CRITERIA
AS SUCH CRITERIA ARE APPLIED TO LAW ENFORCEMENT AGENCIES SEEKING SUCH  A
KEYBOARD  SEARCH  OR SIMILAR COMPARISON, THE COURT MAY, UPON MOTION OF A
DEFENDANT  AGAINST  WHOM  AN  INDICTMENT,  SUPERIOR  COURT  INFORMATION,
PROSECUTOR'S  INFORMATION,  INFORMATION,  OR  SIMPLIFIED  INFORMATION IS
PENDING, ORDER AN ENTITY THAT HAS  ACCESS  TO  THE  COMBINED  DNA  INDEX
SYSTEM  OR  ITS SUCCESSOR SYSTEM TO COMPARE SUCH DNA PROFILE AGAINST DNA
DATABANKS   BY KEYBOARD SEARCHES, OR A  SIMILAR  METHOD  THAT  DOES  NOT
INVOLVE  UPLOADING,  UPON NOTICE TO BOTH PARTIES AND THE ENTITY REQUIRED
TO PERFORM THE SEARCH, UPON A SHOWING  BY  THE  DEFENDANT  THAT  SUCH  A
COMPARISON  IS  MATERIAL  TO  THE PRESENTATION OF HIS OR HER DEFENSE AND
THAT THE REQUEST IS  REASONABLE.    FOR  PURPOSES  OF  THIS  SECTION,  A
"KEYBOARD  SEARCH"  SHALL  MEAN  A  SEARCH OF A DNA PROFILE AGAINST  THE
DATABANK IN WHICH THE PROFILE THAT IS SEARCHED IS  NOT  UPLOADED  TO  OR
MAINTAINED IN THE  DATABANK.
§ 245.50 CERTIFICATES OF COMPLIANCE.
  1. BY THE PROSECUTION. WHEN THE PROSECUTION HAS PROVIDED THE DISCOVERY
REQUIRED  BY  SUBDIVISION  ONE OF SECTION 245.20 OF THIS ARTICLE, EXCEPT
FOR ANY ITEMS OR INFORMATION THAT ARE THE SUBJECT OF AN  ORDER  PURSUANT
TO SECTION 245.70 OF THIS ARTICLE, IT SHALL SERVE UPON THE DEFENDANT AND
FILE  WITH  THE  COURT  A  CERTIFICATE OF COMPLIANCE. THE CERTIFICATE OF
COMPLIANCE SHALL STATE THAT, AFTER EXERCISING DUE DILIGENCE  AND  MAKING
REASONABLE  INQUIRIES TO ASCERTAIN THE EXISTENCE OF MATERIAL  AND INFOR-
MATION SUBJECT TO DISCOVERY,  THE  PROSECUTOR  HAS  DISCLOSED  AND  MADE
AVAILABLE  ALL  KNOWN  MATERIAL AND INFORMATION SUBJECT TO DISCOVERY. IT
SHALL ALSO IDENTIFY THE  ITEMS  PROVIDED.  IF  ADDITIONAL  DISCOVERY  IS
SUBSEQUENTLY  PROVIDED PRIOR TO TRIAL PURSUANT TO SECTION 245.60 OF THIS
ARTICLE, A SUPPLEMENTAL CERTIFICATE SHALL BE SERVED UPON  THE  DEFENDANT
AND FILED WITH THE COURT  IDENTIFYING THE ADDITIONAL MATERIAL AND INFOR-
MATION PROVIDED. NO ADVERSE CONSEQUENCE TO THE PROSECUTION OR THE PROSE-
CUTOR  SHALL  RESULT  FROM  THE FILING OF A CERTIFICATE OF COMPLIANCE IN
GOOD  FAITH; BUT THE COURT MAY GRANT A REMEDY OR SANCTION FOR A  DISCOV-
ERY VIOLATION AS PROVIDED IN SECTION 245.80 OF THIS ARTICLE.
  2.  BY  THE  DEFENDANT.  WHEN THE DEFENDANT HAS PROVIDED ALL DISCOVERY
REQUIRED BY SUBDIVISION FOUR OF SECTION 245.20 OF THIS  ARTICLE,  EXCEPT
FOR  ANY  ITEMS OR INFORMATION THAT ARE THE SUBJECT OF AN ORDER PURSUANT
TO SECTION 245.70 OF THIS ARTICLE, COUNSEL FOR THE DEFENDANT SHALL SERVE
UPON THE PROSECUTION AND FILE WITH THE COURT A  CERTIFICATE  OF  COMPLI-
ANCE.   THE CERTIFICATE SHALL STATE THAT, AFTER EXERCISING DUE DILIGENCE

S. 1505                            116                           A. 2005

AND MAKING REASONABLE INQUIRIES TO ASCERTAIN THE EXISTENCE  OF  MATERIAL
AND  INFORMATION  SUBJECT  TO  DISCOVERY,  COUNSEL FOR THE DEFENDANT HAS
DISCLOSED AND MADE AVAILABLE ALL KNOWN MATERIAL AND INFORMATION  SUBJECT
TO  DISCOVERY.  IT SHALL ALSO IDENTIFY THE ITEMS PROVIDED. IF ADDITIONAL
DISCOVERY IS SUBSEQUENTLY PROVIDED PRIOR TO TRIAL  PURSUANT  TO  SECTION
245.60  OF THIS ARTICLE, A SUPPLEMENTAL CERTIFICATE SHALL BE SERVED UPON
THE PROSECUTION AND FILED   WITH THE COURT  IDENTIFYING  THE  ADDITIONAL
MATERIAL  AND  INFORMATION  PROVIDED.  NO  ADVERSE    CONSEQUENCE TO THE
DEFENDANT OR COUNSEL FOR THE DEFENDANT SHALL RESULT FROM THE FILING OF A
CERTIFICATE OF COMPLIANCE IN GOOD FAITH; BUT THE COURT MAY GRANT A REME-
DY OR SANCTION FOR A DISCOVERY VIOLATION AS PROVIDED IN  SECTION  245.80
OF THIS ARTICLE.
§ 245.55 FLOW OF INFORMATION.
  1.  SUFFICIENT COMMUNICATION FOR COMPLIANCE. THE DISTRICT ATTORNEY AND
THE ASSISTANT RESPONSIBLE FOR THE CASE, OR, IF THE MATTER IS  NOT  BEING
PROSECUTED  BY  THE  DISTRICT  ATTORNEY,  THE PROSECUTING AGENCY AND ITS
ASSIGNED REPRESENTATIVE, SHALL ENDEAVOR TO ENSURE THAT A FLOW OF  INFOR-
MATION  IS MAINTAINED BETWEEN THE POLICE AND OTHER INVESTIGATIVE PERSON-
NEL AND HIS OR  HER  OFFICE  SUFFICIENT  TO  PLACE  WITHIN  HIS  OR  HER
POSSESSION  OR  CONTROL  ALL  MATERIAL  AND INFORMATION PERTINENT TO THE
DEFENDANT AND THE OFFENSE OR OFFENSES CHARGED, INCLUDING, BUT NOT LIMIT-
ED TO, ANY EVIDENCE OR INFORMATION DISCOVERABLE UNDER PARAGRAPH  (K)  OF
SUBDIVISION ONE OF SECTION 245.20 OF THIS ARTICLE.
  2.  PROVISION OF LAW ENFORCEMENT AGENCY FILES. ABSENT A COURT ORDER OR
CLEAR SECURITY REQUIREMENT, UPON REQUEST BY THE PROSECUTION, A NEW  YORK
STATE  LAW  ENFORCEMENT AGENCY SHALL MAKE AVAILABLE TO THE PROSECUTION A
COMPLETE COPY OF ITS COMPLETE FILES RELATED TO THE INVESTIGATION OF  THE
CASE  OR THE PROSECUTION OF THE DEFENDANT FOR COMPLIANCE WITH THIS ARTI-
CLE.
  3.  911  TELEPHONE  CALL  AND  POLICE  RADIO  TRANSMISSION  ELECTRONIC
RECORDINGS,   POLICE  WORN  BODY  CAMERA  RECORDINGS  AND  OTHER  POLICE
RECORDINGS.  (A) WHENEVER AN ELECTRONIC RECORDING  OF  A  911  TELEPHONE
CALL  OR  A  POLICE  RADIO TRANSMISSION OR VIDEO OR AUDIO FOOTAGE FROM A
POLICE BODY-WORN CAMERA OR OTHER POLICE RECORDING WAS MADE  OR  RECEIVED
IN   CONNECTION WITH THE INVESTIGATION OF AN APPARENT CRIMINAL INCIDENT,
THE ARRESTING OFFICER OR LEAD  DETECTIVE SHALL EXPEDITIOUSLY NOTIFY  THE
PROSECUTION  IN  WRITING  UPON THE FILING OF AN ACCUSATORY INSTRUMENT OF
THE EXISTENCE OF ALL SUCH KNOWN RECORDINGS. THE PROSECUTION SHALL  EXPE-
DITIOUSLY  TAKE  WHATEVER  REASONABLE STEPS ARE NECESSARY TO ENSURE THAT
ALL KNOWN ELECTRONIC RECORDINGS OF 911  TELEPHONE  CALLS,  POLICE  RADIO
TRANSMISSIONS  AND  VIDEO  AND AUDIO FOOTAGE AND OTHER POLICE RECORDINGS
MADE OR AVAILABLE IN CONNECTION WITH THE CASE ARE  PRESERVED  THROUGHOUT
THE PENDENCY OF THE CASE. UPON THE DEFENDANT'S TIMELY REQUEST AND DESIG-
NATION  OF  A SPECIFIC ELECTRONIC RECORDING OF A 911 TELEPHONE CALL, THE
PROSECUTION SHALL ALSO  EXPEDITIOUSLY TAKE WHATEVER REASONABLE STEPS ARE
NECESSARY TO ENSURE THAT IT IS PRESERVED THROUGHOUT THE PENDENCY OF  THE
CASE.
  (B)  IF THE PROSECUTION FAILS TO DISCLOSE SUCH AN ELECTRONIC RECORDING
TO THE DEFENDANT PURSUANT TO PARAGRAPH (E), (G) OR  (K)  OF  SUBDIVISION
ONE  OF  SECTION  245.20 OF THIS ARTICLE DUE TO A FAILURE TO COMPLY WITH
THIS OBLIGATION BY POLICE OFFICERS OR OTHER LAW  ENFORCEMENT  OR  PROSE-
CUTION PERSONNEL, THE COURT UPON MOTION OF THE DEFENDANT SHALL IMPOSE AN
APPROPRIATE  REMEDY OR SANCTION PURSUANT TO SECTION 245.80 OF THIS ARTI-
CLE.
§ 245.60 CONTINUING DUTY TO DISCLOSE.

S. 1505                            117                           A. 2005

  IF EITHER THE PROSECUTION OR  THE  DEFENDANT  SUBSEQUENTLY  LEARNS  OF
ADDITIONAL MATERIAL OR INFORMATION WHICH IT WOULD HAVE BEEN UNDER A DUTY
TO  DISCLOSE PURSUANT TO ANY PROVISIONS OF THIS ARTICLE AT THE TIME OF A
PREVIOUS DISCOVERY OBLIGATION OR DISCOVERY ORDER, IT SHALL EXPEDITIOUSLY
NOTIFY  THE OTHER PARTY AND DISCLOSE THE ADDITIONAL MATERIAL OR INFORMA-
TION  AS  REQUIRED  FOR  INITIAL  DISCOVERY  UNDER  THIS  ARTICLE.  THIS
PROVISION  ALSO  REQUIRES  EXPEDITIOUS  DISCLOSURE BY THE PROSECUTION OF
MATERIAL OR INFORMATION THAT BECAME RELEVANT TO THE CASE OR DISCOVERABLE
BASED  UPON RECIPROCAL DISCOVERY RECEIVED FROM THE DEFENDANT PURSUANT TO
SUBDIVISION FOUR OF SECTION 245.20 OF THIS ARTICLE.
§ 245.65 WORK PRODUCT.
  THIS ARTICLE DOES NOT AUTHORIZE DISCOVERY BY A PARTY OF THOSE PORTIONS
OF RECORDS, REPORTS, CORRESPONDENCE, MEMORANDA, OR INTERNAL DOCUMENTS OF
THE ADVERSE PARTY WHICH ARE ONLY THE LEGAL RESEARCH, OPINIONS,  THEORIES
OR  CONCLUSIONS  OF  THE ADVERSE PARTY OR ITS ATTORNEY OR THE ATTORNEY'S
AGENTS, OR OF STATEMENTS OF A DEFENDANT, WRITTEN OR RECORDED  OR  SUMMA-
RIZED  IN ANY WRITING OR RECORDING, MADE TO THE ATTORNEY FOR THE DEFEND-
ANT OR THE ATTORNEY'S AGENTS.
§ 245.70 PROTECTIVE ORDERS.
  1. ANY DISCOVERY SUBJECT TO PROTECTIVE ORDER. UPON A SHOWING  OF  GOOD
CAUSE BY EITHER PARTY, THE COURT MAY AT ANY TIME ORDER THAT DISCOVERY OR
INSPECTION  OF ANY KIND OF MATERIAL OR INFORMATION UNDER THIS ARTICLE BE
DENIED, RESTRICTED, CONDITIONED OR DEFERRED, OR MAKE SUCH OTHER ORDER AS
IS APPROPRIATE. THE COURT MAY IMPOSE AS A CONDITION ON  DISCOVERY  TO  A
DEFENDANT THAT THE MATERIAL OR INFORMATION TO BE DISCOVERED BE AVAILABLE
ONLY  TO COUNSEL FOR THE DEFENDANT; OR,  ALTERNATIVELY, THAT COUNSEL FOR
THE DEFENDANT, AND PERSONS EMPLOYED BY THE ATTORNEY OR APPOINTED BY  THE
COURT  TO  ASSIST  IN  THE  PREPARATION  OF  A DEFENDANT'S CASE, MAY NOT
DISCLOSE PHYSICAL COPIES OF THE DISCOVERABLE DOCUMENTS TO A DEFENDANT OR
TO ANYONE ELSE, PROVIDED THAT  THE  PROSECUTION  AFFORDS  THE  DEFENDANT
ACCESS  TO  INSPECT  REDACTED  COPIES OF THE DISCOVERABLE DOCUMENTS AT A
SUPERVISED LOCATION THAT PROVIDES REGULAR AND REASONABLE HOURS FOR  SUCH
ACCESS,  SUCH  AS  A  PROSECUTOR'S  OFFICE,  POLICE STATION, FACILITY OF
DETENTION, OR COURT. THE COURT MAY PERMIT A PARTY  SEEKING OR OPPOSING A
PROTECTIVE ORDER UNDER THIS SECTION,  OR  ANOTHER  AFFECTED  PERSON,  TO
SUBMIT  PAPERS  OR TESTIFY ON THE RECORD EX PARTE OR IN CAMERA. ANY SUCH
PAPERS AND A TRANSCRIPT OF  SUCH  TESTIMONY  MAY  BE  SEALED  AND  SHALL
CONSTITUTE  A PART OF THE RECORD ON APPEAL. THIS SECTION DOES NOT  ALTER
THE ALLOCATION OF THE BURDEN OF PROOF WITH REGARD TO MATTERS  AT  ISSUE,
INCLUDING PRIVILEGE.
  2.  MODIFICATION OF TIME PERIODS FOR DISCOVERY. UPON MOTION OF A PARTY
IN AN INDIVIDUAL  CASE, THE COURT MAY ALTER THE TIME PERIODS FOR DISCOV-
ERY IMPOSED BY THIS ARTICLE UPON A SHOWING OF GOOD CAUSE.
  3. PROMPT HEARING. UPON REQUEST FOR  A  PROTECTIVE  ORDER,  THE  COURT
SHALL  CONDUCT  AN  APPROPRIATE  HEARING  WITHIN  THREE BUSINESS DAYS TO
DETERMINE WHETHER GOOD CAUSE HAS BEEN SHOWN AND WHEN  PRACTICABLE  SHALL
RENDER  DECISION EXPEDITIOUSLY. ANY MATERIALS SUBMITTED AND A TRANSCRIPT
OF THE PROCEEDING MAY BE SEALED AND  SHALL  CONSTITUTE  A  PART  OF  THE
RECORD ON APPEAL.
  4.  SHOWING  OF GOOD CAUSE. GOOD CAUSE UNDER THIS SECTION INCLUDES BUT
IS NOT LIMITED TO:  CONSTITUTIONAL  RIGHTS OR LIMITATIONS; DANGER TO THE
INTEGRITY OF PHYSICAL EVIDENCE; AN UNREASONABLE RISK OF PHYSICAL   HARM,
INTIMIDATION,  ECONOMIC  REPRISAL,  BRIBERY  OR UNJUSTIFIED ANNOYANCE OR
EMBARRASSMENT TO ANY PERSON; AN UNREASONABLE RISK OF AN  ADVERSE  EFFECT
UPON THE LEGITIMATE NEEDS OF LAW ENFORCEMENT,  INCLUDING BUT NOT LIMITED
TO  A  CONTINUING OR RELATED GRAND JURY PROCEEDING AND THE PROTECTION OF

S. 1505                            118                           A. 2005

THE CONFIDENTIALITY OF INFORMANTS; DANGER TO ANY  PERSON  STEMMING  FROM
FACTORS  SUCH AS A DEFENDANT'S GANG AFFILIATION, PRIOR HISTORY OF INTER-
FERING WITH WITNESSES, OR THREATS OR INTIMIDATING  ACTIONS  DIRECTED  AT
POTENTIAL  WITNESSES;  OR  OTHER SIMILAR FACTORS THAT ALSO  OUTWEIGH THE
USEFULNESS OF THE DISCOVERY.
  5. SUCCESSOR COUNSEL OR PRO SE DEFENDANT. IN CASES IN WHICH THE ATTOR-
NEY-CLIENT  RELATIONSHIP IS TERMINATED PRIOR TO TRIAL  FOR  ANY  REASON,
ANY MATERIAL OR INFORMATION DISCLOSED  SUBJECT TO A CONDITION THAT IT BE
AVAILABLE ONLY TO COUNSEL FOR THE DEFENDANT, OR LIMITED IN DISSEMINATION
BY  PROTECTIVE  ORDER  OR OTHERWISE, SHALL BE PROVIDED ONLY TO SUCCESSOR
COUNSEL FOR THE DEFENDANT UNDER THE SAME CONDITION OR CONDITIONS  OR  BE
RETURNED  TO  THE PROSECUTION, UNLESS THE COURT RULES OTHERWISE FOR GOOD
CAUSE SHOWN OR THE PROSECUTOR GIVES WRITTEN CONSENT.  ANY  WORK  PRODUCT
DERIVED  FROM  SUCH MATERIAL OR INFORMATION SHALL NOT BE PROVIDED TO THE
DEFENDANT, UNLESS THE COURT RULES  OTHERWISE  OR  THE  PROSECUTOR  GIVES
WRITTEN CONSENT. IF THE DEFENDANT IS ACTING AS HIS  OR HER OWN ATTORNEY,
THE  COURT  MAY  REGULATE  THE  TIME,  PLACE AND MANNER OF ACCESS TO ANY
DISCOVERABLE MATERIAL OR INFORMATION; AND IT MAY AS APPROPRIATE  APPOINT
PERSONS  TO  ASSIST THE DEFENDANT IN THE INVESTIGATION OR PREPARATION OF
THE CASE. UPON MOTION OR APPLICATION OF A DEFENDANT ACTING AS HIS OR HER
OWN ATTORNEY, THE COURT MAY AT ANY TIME MODIFY OR VACATE  ANY  CONDITION
OR  RESTRICTION  RELATING TO ACCESS TO DISCOVERABLE MATERIAL OR INFORMA-
TION, FOR GOOD CAUSE  SHOWN.
  6. EXPEDITED REVIEW OF ADVERSE RULING. (A) A PARTY THAT HAS UNSUCCESS-
FULLY SOUGHT, OR UNSUCCESSFULLY OPPOSED THE GRANTING  OF,  A  PROTECTIVE
ORDER UNDER THIS SECTION RELATING TO THE NAME, ADDRESS, CONTACT INFORMA-
TION  OR  STATEMENTS  OF  A  PERSON  MAY OBTAIN EXPEDITED REVIEW OF THAT
RULING BY AN INDIVIDUAL JUSTICE OF THE INTERMEDIATE APPELLATE  COURT  TO
WHICH  AN  APPEAL  FROM  A  JUDGMENT  OF CONVICTION IN THE CASE WOULD BE
TAKEN.
  (B) SUCH REVIEW SHALL BE  SOUGHT  WITHIN  TWO  BUSINESS  DAYS  OF  THE
ADVERSE  OR  PARTIALLY ADVERSE RULING, BY ORDER TO SHOW CAUSE FILED WITH
THE INTERMEDIATE APPELLATE COURT. THE ORDER TO SHOW CAUSE SHALL IN ADDI-
TION BE TIMELY SERVED ON THE LOWER COURT AND ON THE OPPOSING PARTY,  AND
SHALL  BE  ACCOMPANIED  BY A SWORN AFFIRMATION STATING IN GOOD FAITH (I)
THAT THE RULING AFFECTS  SUBSTANTIAL INTERESTS, AND (II)  THAT  DILIGENT
EFFORTS  TO  REACH  AN ACCOMMODATION OF THE UNDERLYING DISCOVERY DISPUTE
WITH OPPOSING COUNSEL FAILED OR  THAT  NO  ACCOMMODATION  WAS  FEASIBLE;
EXCEPT  THAT  SERVICE  ON  THE OPPOSING PARTY, AND A STATEMENT REGARDING
EFFORTS TO REACH AN ACCOMMODATION, ARE UNNECESSARY  WHERE  THE  OPPOSING
PARTY  WAS  NOT MADE AWARE OF THE APPLICATION FOR A PROTECTIVE ORDER AND
GOOD CAUSE EXISTS FOR OMITTING SERVICE OF THE ORDER TO SHOW CAUSE ON THE
OPPOSING PARTY. THE LOWER COURT'S  ORDER  SUBJECT  TO  REVIEW  SHALL  BE
STAYED UNTIL THE APPELLATE JUSTICE RENDERS  DECISION.
  (C)  THE  ASSIGNMENT OF THE INDIVIDUAL APPELLATE JUSTICE, AND THE MODE
OF AND PROCEDURE FOR THE REVIEW, ARE DETERMINED BY RULES OF THE INDIVID-
UAL APPELLATE COURTS. THE APPELLATE JUSTICE MAY  CONSIDER  ANY  RELEVANT
AND  RELIABLE  INFORMATION  BEARING  ON THE ISSUE, AND MAY DISPENSE WITH
WRITTEN BRIEFS OTHER THAN SUPPORTING AND OPPOSING  MATERIALS  PREVIOUSLY
SUBMITTED  TO  THE  LOWER COURT. THE APPELLATE JUSTICE MAY DISPENSE WITH
THE ISSUANCE OF A WRITTEN OPINION IN RENDERING HIS OR HER DECISION,  AND
WHEN  PRACTICABLE  SHALL  RENDER DECISION EXPEDITIOUSLY. SUCH REVIEW AND
DECISION SHALL NOT AFFECT THE RIGHT OF  A  DEFENDANT,  IN  A  SUBSEQUENT
APPEAL  FROM  A  JUDGMENT  OF  CONVICTION,  TO CLAIM AS ERROR THE RULING
REVIEWED.

S. 1505                            119                           A. 2005

  7. COMPLIANCE WITH PROTECTIVE ORDER. ANY PROTECTIVE ORDER ISSUED UNDER
THIS ARTICLE IS A MANDATE OF THE COURT FOR PURPOSES OF  THE  OFFENSE  OF
CRIMINAL  CONTEMPT  IN  SUBDIVISION THREE OF SECTION 215.50 OF THE PENAL
LAW.
§ 245.75 WAIVER OF DISCOVERY BY DEFENDANT.
  A  DEFENDANT  WHO  DOES  NOT SEEK DISCOVERY FROM THE PROSECUTION UNDER
THIS ARTICLE SHALL SO   NOTIFY THE PROSECUTION  AND  THE  COURT  AT  THE
DEFENDANT'S  ARRAIGNMENT  ON  AN INDICTMENT, SUPERIOR COURT INFORMATION,
PROSECUTOR'S INFORMATION, INFORMATION,  OR  SIMPLIFIED  INFORMATION,  OR
EXPEDITIOUSLY  THEREAFTER BUT BEFORE RECEIVING DISCOVERY FROM THE PROSE-
CUTION PURSUANT TO  SUBDIVISION ONE OF SECTION 245.20 OF  THIS  ARTICLE,
AND THE DEFENDANT NEED NOT PROVIDE DISCOVERY TO THE PROSECUTION PURSUANT
TO  SUBDIVISION  FOUR OF SECTION 245.20 AND SECTION 245.60 OF THIS ARTI-
CLE.  A WAIVER SHALL BE IN WRITING AND SIGNED BY THE DEFENDANT AND COUN-
SEL FOR THE DEFENDANT. SUCH A   WAIVER DOES NOT  ALTER  OR  IN  ANY  WAY
AFFECT  THE  PROCEDURES,  OBLIGATIONS  OR  RIGHTS  SET FORTH IN SECTIONS
250.10, 250.20 AND 250.30 OF THIS TITLE,  OR  OTHERWISE  ESTABLISHED  OR
REQUIRED  BY LAW.  THE PROSECUTION MAY NOT CONDITION A GUILTY PLEA OFFER
ON THE DEFENDANT'S EXECUTION OF A WAIVER UNDER THIS SECTION.
§ 245.80 REMEDIES OR SANCTIONS FOR NON-COMPLIANCE.
  1. NEED FOR REMEDY OR SANCTION. (A) WHEN MATERIAL  OR  INFORMATION  IS
DISCOVERABLE  UNDER  THIS  ARTICLE BUT IS DISCLOSED BELATEDLY, THE COURT
SHALL IMPOSE AN APPROPRIATE REMEDY OR SANCTION IF THE PARTY ENTITLED  TO
DISCLOSURE  SHOWS  THAT  IT  WAS  PREJUDICED. REGARDLESS OF A SHOWING OF
PREJUDICE THE PARTY ENTITLED TO DISCLOSURE  SHALL  BE  GIVEN  REASONABLE
TIME TO PREPARE AND RESPOND TO THE NEW MATERIAL.
  (B)  WHEN  MATERIAL  OR INFORMATION IS DISCOVERABLE UNDER THIS ARTICLE
BUT CANNOT BE DISCLOSED BECAUSE IT HAS BEEN LOST OR DESTROYED, THE COURT
SHALL IMPOSE AN APPROPRIATE REMEDY OR SANCTION IF THE PARTY ENTITLED  TO
DISCLOSURE  SHOWS THAT THE LOST OR DESTROYED MATERIAL MAY HAVE CONTAINED
SOME INFORMATION RELEVANT TO A CONTESTED ISSUE. THE  APPROPRIATE  REMEDY
OR  SANCTION  IS    THAT WHICH IS PROPORTIONATE TO THE POTENTIAL WAYS IN
WHICH THE LOST OR DESTROYED MATERIAL  REASONABLY COULD HAVE BEEN HELPFUL
TO THE PARTY ENTITLED TO DISCLOSURE.
  2. AVAILABLE REMEDIES OR SANCTIONS. FOR FAILURE  TO  COMPLY  WITH  ANY
DISCOVERY  ORDER  IMPOSED  OR ISSUED PURSUANT TO THIS ARTICLE, THE COURT
MAY MAKE A FURTHER ORDER FOR DISCOVERY, GRANT A CONTINUANCE, ORDER  THAT
A  HEARING  BE  REOPENED,  ORDER  THAT  A WITNESS BE CALLED OR RECALLED,
INSTRUCT THE JURY THAT IT MAY DRAW AN ADVERSE  INFERENCE  REGARDING  THE
NON-COMPLIANCE, PRECLUDE OR STRIKE A WITNESS'S TESTIMONY OR A PORTION OF
A  WITNESS'S  TESTIMONY,  ADMIT OR EXCLUDE EVIDENCE,   ORDER A MISTRIAL,
ORDER THE DISMISSAL OF ALL OR SOME OF THE CHARGES, OR  MAKE  SUCH  OTHER
ORDER AS IT DEEMS JUST UNDER THE CIRCUMSTANCES; EXCEPT THAT ANY SANCTION
AGAINST  THE DEFENDANT SHALL COMPORT WITH THE DEFENDANT'S CONSTITUTIONAL
RIGHT TO PRESENT A DEFENSE, AND  PRECLUDING  A  DEFENSE  WITNESS    FROM
TESTIFYING SHALL BE PERMISSIBLE ONLY UPON A FINDING THAT THE DEFENDANT'S
FAILURE  TO  COMPLY   WITH THE DISCOVERY OBLIGATION OR ORDER WAS WILLFUL
AND MOTIVATED BY A DESIRE TO OBTAIN A TACTICAL  ADVANTAGE.
  3. CONSEQUENCES OF NON-DISCLOSURE OF STATEMENT  OF  TESTIFYING  PROSE-
CUTION WITNESS. THE FAILURE OF THE PROSECUTOR OR ANY AGENT OF THE PROSE-
CUTOR  TO  DISCLOSE  ANY  WRITTEN OR RECORDED STATEMENT MADE BY A PROSE-
CUTION WITNESS WHICH RELATES TO THE  SUBJECT  MATTER  OF  THE  WITNESS'S
TESTIMONY  SHALL  NOT  CONSTITUTE  GROUNDS  FOR ANY COURT TO ORDER A NEW
PRE-TRIAL HEARING OR SET ASIDE  A  CONVICTION,  OR  REVERSE,  MODIFY  OR
VACATE  A  JUDGMENT  OF  CONVICTION,  IN THE ABSENCE OF A SHOWING BY THE
DEFENDANT THAT THERE IS A REASONABLE POSSIBILITY THAT THE NON-DISCLOSURE

S. 1505                            120                           A. 2005

MATERIALLY CONTRIBUTED TO THE RESULT OF THE TRIAL OR  OTHER  PROCEEDING;
PROVIDED,  HOWEVER,  THAT NOTHING IN THIS  SECTION SHALL AFFECT OR LIMIT
ANY RIGHT THE DEFENDANT MAY HAVE TO A REOPENED  PRE-TRIAL  HEARING  WHEN
SUCH STATEMENTS WERE DISCLOSED BEFORE THE CLOSE OF EVIDENCE AT TRIAL.
§ 245.85 ADMISSIBILITY OF DISCOVERY.
  THE  FACT  THAT  A PARTY HAS INDICATED DURING THE DISCOVERY PROCESS AN
INTENTION TO OFFER SPECIFIED EVIDENCE OR TO CALL A SPECIFIED WITNESS  IS
NOT  ADMISSIBLE  IN EVIDENCE OR GROUNDS FOR ADVERSE COMMENT AT A HEARING
OR A TRIAL.
  § 3. Subdivision 3 of section 610.20 of the criminal procedure law  is
amended and a new subdivision 4 is added to read as follows:
  3.  An attorney for a defendant in a criminal action or proceeding, as
an  officer  of  a  criminal  court, may issue a subpoena of such court,
subscribed by himself, for the attendance in such court of  any  witness
whom the defendant is entitled to call in such action or proceeding.  An
attorney  for  a  defendant  may not issue a subpoena duces tecum of the
court directed to any department, bureau or agency of the state or of  a
political subdivision thereof, or to any officer or representative ther-
eof,  UNLESS THE SUBPOENA IS ENDORSED BY THE COURT AND PROVIDES AT LEAST
THREE DAYS FOR THE PRODUCTION OF THE REQUESTED MATERIALS. IN THE CASE OF
AN EMERGENCY, THE  COURT  MAY  BY  ORDER  DISPENSE  WITH  THE  THREE-DAY
PRODUCTION  PERIOD.  Such a subpoena duces tecum may be issued in behalf
of a defendant upon order of a court pursuant to the rules applicable to
civil cases as provided in section twenty-three  hundred  seven  of  the
civil practice law and rules.
  4.  THE SHOWING REQUIRED TO SUSTAIN ANY SUBPOENA UNDER THIS SECTION IS
THAT THE  TESTIMONY OR EVIDENCE SOUGHT IS REASONABLY LIKELY TO BE  RELE-
VANT AND MATERIAL TO THE  PROCEEDINGS, AND THE SUBPOENA IS NOT OVERBROAD
OR UNREASONABLY BURDENSOME.
  §  4. Section 65.20 of the criminal procedure law, as added by chapter
505 of the laws of 1985, subdivision 2 as added, the  opening  paragraph
of  subdivision  10 as amended and subdivisions 3, 4, 5, 6, 7, 8, 9, 10,
11, 12 and 13 as renumbered by chapter 548 of the laws of 2007, subdivi-
sion 7 and paragraph (k) of subdivision 10 as amended by chapter 320  of
the laws of 2006 and subdivisions 11 and 12 as amended by chapter 455 of
the laws of 1991, is amended to read as follows:
§ 65.20 Closed-circuit television; procedure for application and grounds
            for determination.
  1.  Prior  to  the commencement of a criminal proceeding; other than a
grand jury proceeding, either party may apply to the court for an  order
declaring that a child witness is vulnerable.
  2.  A  child  witness should be declared vulnerable when the court, in
accordance with the provisions of this section, determines by clear  and
convincing  evidence  that the child witness would suffer serious mental
or emotional harm that would substantially  impair  the  child  witness'
ability  to communicate with the finder of fact without the use of live,
two-way closed-circuit television.
  3. A motion pursuant to subdivision one of this section must  be  made
in writing at least eight days before the commencement of trial or other
criminal  proceeding  upon reasonable notice to the other party and with
an opportunity to be heard.
  4. The motion papers must state the basis  for  the  motion  and  must
contain sworn allegations of fact which, if true, would support a deter-
mination by the court that the child witness is vulnerable. Such allega-
tions  may  be based upon the personal knowledge of the deponent or upon

S. 1505                            121                           A. 2005

information and belief, provided that, in the latter event, the  sources
of such information and the grounds for such belief are stated.
  5. The answering papers may admit or deny any of the alleged facts and
may,  in  addition,  contain  sworn  allegations of fact relevant to the
motion, including the rights of the defendant, the need to  protect  the
child  witness  and  the  integrity of the truth-finding function of the
trier of fact.
  6. Unless all material facts alleged in support  of  the  motion  made
pursuant  to  subdivision  one  of  this section are conceded, the court
shall, in addition to examining the papers and  hearing  oral  argument,
conduct  an  appropriate  hearing  for the purpose of making findings of
fact essential to the determination of the motion. Except as provided in
subdivision [six] SEVEN of this section, it may  subpoena  or  call  and
examine witnesses, who must either testify under oath or be permitted to
give  unsworn testimony pursuant to subdivision two of section 60.20 and
must authorize the attorneys for the parties to do the same.
  7. Notwithstanding any other provision of law, the child  witness  who
is  alleged  to  be  vulnerable  may not be compelled to testify at such
hearing or to submit to any psychological  or  psychiatric  examination.
The failure of the child witness to testify at such hearing shall not be
a  ground  for denying a motion made pursuant to subdivision one of this
section. Prior statements made by the  child  witness  relating  to  any
allegations  of  conduct  constituting an offense defined in article one
hundred thirty of the penal law or incest as defined in section  255.25,
255.26  or  255.27  of such law or to any allegation of words or conduct
constituting an attempt to prevent, impede or deter  the  child  witness
from  cooperating  in  the  investigation  or prosecution of the offense
shall be admissible at such hearing, provided, however, that a  declara-
tion  that  a  child  witness is vulnerable may not be based solely upon
such prior statements.
  8. (a) Notwithstanding any of the provisions of article forty-five  of
the  civil practice law and rules, any physician, psychologist, nurse or
social worker who has treated a child witness may testify at  a  hearing
conducted  pursuant to subdivision [five] SIX of this section concerning
the treatment of such child witness as such  treatment  relates  to  the
issue  presented  at the hearing, provided that any otherwise applicable
statutory privileges concerning communications between the child witness
and such physician, psychologist, nurse or social worker  in  connection
with  such treatment shall not be deemed waived by such testimony alone,
except to the limited extent of permitting the court alone to examine in
camera reports, records or documents, if any, prepared  by  such  physi-
cian, psychologist, nurse or social worker. If upon such examination the
court  determines that such reports, records or documents, or any one or
portion thereof, contain information material and relevant to the  issue
of  whether  the  child witness is a vulnerable child witness, the court
shall disclose such information to both the attorney for  the  defendant
and the district attorney.
  (b)  At  any time after a motion has been made pursuant to subdivision
one of this section, upon the demand of the other party the moving party
must furnish the demanding party with a copy of  any  and  all  of  such
records,  reports  or  other  documents  in the possession of such other
party and must, in addition, supply the court with a copy  of  all  such
reports, records or other documents which are the subject of the demand.
At any time after a demand has been made pursuant to this paragraph, the
moving  party  may demand that property of the same kind or character in
possession of the party that originally made such demand be furnished to

S. 1505                            122                           A. 2005

the moving party and, if so furnished, be supplied, in addition, to  the
court.
  9.  (a) Prior to the commencement of the hearing conducted pursuant to
subdivision [five] SIX of this section,  the  district  attorney  shall,
subject  to  a protective order, comply with the provisions of PARAGRAPH
(C) OF subdivision one of section [240.45] 245.20  of  this  chapter  as
they  concern  any witness whom the district attorney intends to call at
the hearing and the child witness.
  (b) Before a defendant calls a witness at  such  hearing,  he  or  she
must,  subject  to  a  protective  order,  comply with the provisions of
subdivision [two] FOUR of section [240.45] 245.20  of  this  chapter  as
they  concern  all  the  witnesses the defendant intends to call at such
hearing.
  10. The court may consider, in determining whether there  are  factors
which  would  cause  the  child  witness  to  suffer  serious  mental or
emotional harm, a finding that any one or more of the following  circum-
stances have been established by clear and convincing evidence:
  (a) The manner of the commission of the offense of which the defendant
is  accused was particularly heinous or was characterized by aggravating
circumstances.
  (b) The child witness is particularly young or otherwise  particularly
subject  to psychological harm on account of a physical or mental condi-
tion which existed before the alleged commission of the offense.
  (c) At the time of the alleged offense, the defendant occupied a posi-
tion of authority with respect to the child witness.
  (d) The offense or offenses charged were part of an ongoing course  of
conduct  committed  by  the  defendant against the child witness over an
extended period of time.
  (e) A deadly weapon or dangerous instrument was allegedly used  during
the commission of the crime.
  (f) The defendant has inflicted serious physical injury upon the child
witness.
  (g)  A  threat,  express or implied, of physical violence to the child
witness or a third person if the child witness were to report the  inci-
dent  to  any  person  or communicate information to or cooperate with a
court, grand jury, prosecutor, police officer or peace officer  concern-
ing the incident has been made by or on behalf of the defendant.
  (h)  A threat, express or implied, of the incarceration of a parent or
guardian of the child witness, the removal of the child witness from the
family or the dissolution of the family of  the  child  witness  if  the
child  witness  were to report the incident to any person or communicate
information to or cooperate with a court, grand jury, prosecutor, police
officer or peace officer concerning the incident has been made by or  on
behalf of the defendant.
  (i)  A  witness  other than the child witness has received a threat of
physical violence directed at such witness or to a third person by or on
behalf of the defendant.
  (j) The defendant, at the time of the inquiry, (i) is  living  in  the
same  household  with  the  child  witness, (ii) has ready access to the
child witness or (iii) is providing substantial  financial  support  for
the child witness.
  (k)  The  child  witness  has previously been the victim of an offense
defined in article one hundred thirty of the  penal  law  or  incest  as
defined in section 255.25, 255.26 or 255.27 of such law.

S. 1505                            123                           A. 2005

  (l)  According to expert testimony, the child witness would be partic-
ularly [suceptible] SUSCEPTIBLE to psychological  harm  if  required  to
testify in open court or in the physical presence of the defendant.
  11.  Irrespective of whether a motion was made pursuant to subdivision
one of this section, the court, at the request of either party or on its
own motion, may decide that a child witness may be vulnerable  based  on
its own observations that a child witness who has been called to testify
at  a  criminal  proceeding is suffering severe mental or emotional harm
and therefore is physically or mentally unable to testify or to continue
to testify in open court or in the physical presence  of  the  defendant
and that the use of live, two-way closed-circuit television is necessary
to enable the child witness to testify. If the court so decides, it must
conduct  the  same  hearing  that subdivision [five] SIX of this section
requires when a motion is made  pursuant  to  subdivision  one  of  this
section,  and  it  must  make  findings of fact pursuant to subdivisions
[nine] TEN and [eleven] TWELVE of this section, before determining  that
the child witness is vulnerable.
  12. In deciding whether a child witness is vulnerable, the court shall
make  findings of fact which reflect the causal relationship between the
existence of any one or more of the factors  set  forth  in  subdivision
[nine]  TEN  of  this  section or other relevant factors which the court
finds are established and the determination that the  child  witness  is
vulnerable.  If the court is satisfied that the child witness is vulner-
able and that, under the facts and circumstances of the particular case,
the  defendant's  constitutional  rights  to  an  impartial  jury  or of
confrontation will not be impaired, it may enter an order  granting  the
application for the use of live, two-way closed-circuit television.
  13. When the court has determined that a child witness is a vulnerable
child  witness,  it  shall make a specific finding as to whether placing
the defendant and the child witness in the same room during the testimo-
ny of the child witness will contribute to the likelihood that the child
witness will suffer severe mental or emotional harm. If the court  finds
that placing the defendant and the child witness in the same room during
the  testimony  of  the  child witness will contribute to the likelihood
that the child witness will suffer severe mental or emotional harm,  the
order  entered  pursuant  to subdivision [eleven] TWELVE of this section
shall direct that the defendant  remain  in  the  courtroom  during  the
testimony of the vulnerable child witness.
  § 5. Subdivision 5 of section 200.95 of the criminal procedure law, as
added by chapter 558 of the laws of 1982, is amended to read as follows:
  5.  Court  ordered bill of particulars.  Where a prosecutor has timely
served a written refusal pursuant to subdivision four  of  this  section
and upon motion, made in writing, of a defendant, who has made a request
for  a  bill of particulars and whose request has not been complied with
in whole or in part, the court must, to the extent a protective order is
not warranted, order the prosecutor to comply with the request if it  is
satisfied that the items of factual information requested are authorized
to  be  included  in a bill of particulars, and that such information is
necessary to enable the defendant adequately to prepare or  conduct  his
defense  and,  if  the request was untimely, a finding of good cause for
the delay. Where a prosecutor has not timely served  a  written  refusal
pursuant  to  subdivision four of this section the court must, unless it
is satisfied that the people have shown good cause  why  such  an  order
should  not be issued, issue an order requiring the prosecutor to comply
or providing for any other  order  authorized  by  [subdivision  one  of
section 240.70] SECTION 245.80 OF THIS PART.

S. 1505                            124                           A. 2005

  §  6. Paragraph (c) of subdivision 1 of section 255.10 of the criminal
procedure law, as added by chapter 763 of the laws of 1974,  is  amended
to read as follows:
  (c)  granting discovery pursuant to article [240] 245; or
  § 7. Subdivision 1 of section 255.20 of the criminal procedure law, as
amended  by  chapter  369  of  the  laws  of 1982, is amended to read as
follows:
  1. Except as otherwise expressly provided by law, whether the  defend-
ant is represented by counsel or elects to proceed pro se, all pre-trial
motions  shall  be served or filed within forty-five days after arraign-
ment and before commencement of trial, or within such additional time as
the court may fix upon application of the defendant made prior to  entry
of  judgment.  In  an action in which EITHER (A) MATERIAL OR INFORMATION
HAS BEEN DISCLOSED PURSUANT TO PARAGRAPH (M) OR (N) OF  SUBDIVISION  ONE
OF  SECTION  245.20,  (B)  an eavesdropping warrant and application have
been furnished pursuant to section 700.70, or (C) a notice of  intention
to  introduce  evidence has been served pursuant to section 710.30, such
period shall be extended until forty-five days after the  last  date  of
such  service.    If the defendant is not represented by counsel and has
requested an adjournment to obtain counsel or to have counsel  assigned,
such  forty-five day period shall commence on the date counsel initially
appears on defendant's behalf.
  § 8. Section 340.30 of the criminal procedure law is amended  to  read
as follows:
§ 340.30 Pre-trial discovery and notices of defenses.
  The  provisions  of article two hundred [forty] FORTY-FIVE, concerning
pre-trial discovery by a defendant under indictment in a superior court,
and article two hundred fifty, concerning pre-trial notice to the people
by a defendant under indictment in  a  superior  court  who  intends  to
advance  a  trial defense of mental disease or defect or of alibi, apply
to a prosecution of an information in a local criminal court.
  § 9. Subdivision 14 of section 400.27 of the criminal  procedure  law,
as  added  by  chapter  1  of  the  laws  of 1995, is amended to read as
follows:
  14. (a) At a reasonable time prior to the sentencing proceeding  or  a
mental retardation hearing:
  [(i)] the prosecutor shall, unless previously disclosed and subject to
a  protective  order, make available to the defendant the statements and
information specified in subdivision one of section [240.45]  245.20  OF
THIS  PART  and make available for inspection, photographing, copying or
testing the property specified in subdivision one  of  section  [240.20;
and
  (ii) the defendant shall, unless previously disclosed and subject to a
protective  order,  make available to the prosecution the statements and
information specified in subdivision two  of  section  240.45  and  make
available  for inspection, photographing, copying or testing, subject to
constitutional limitations, the reports, documents  and  other  property
specified in subdivision one of section 240.30] 245.20 OF THIS PART.
  (b) Where a party refuses to make disclosure pursuant to this section,
the provisions of section [240.35, subdivision one of section 240.40 and
section 240.50] 245.70, 245.75 AND/OR 245.80 OF THIS PART shall apply.
  (c)  If,  after  complying  with  the provisions of this section or an
order pursuant thereto, a party finds either before or during a sentenc-
ing  proceeding  or  mental  retardation  hearing,  additional  material
subject to discovery or covered by court order, the party shall promptly
make disclosure or apply for a protective order.

S. 1505                            125                           A. 2005

  (d)  If  the court finds that a party has failed to comply with any of
the provisions of this section, the court may [enter] EMPLOY any of  the
[orders]  REMEDIES  OR SANCTIONS specified in subdivision one of section
[240.70] 245.80 OF THIS PART.
  §  10.  The  opening  paragraph  of  paragraph (b) of subdivision 1 of
section 440.30 of the criminal procedure law, as added by chapter 19  of
the laws of 2012, is amended to read as follows:
  In  conjunction with the filing or consideration of a motion to vacate
a judgment pursuant to section 440.10 of this  article  by  a  defendant
convicted after a trial, in cases where the court has ordered an eviden-
tiary  hearing  upon  such  motion,  the court may order that the people
produce or make available for inspection property[, as defined in subdi-
vision three of section 240.10 of this part,] in its possession,  custo-
dy,  or control that was secured in connection with the investigation or
prosecution of the defendant upon credible allegations by the  defendant
and  a  finding  by  the court that such property, if obtained, would be
probative to the determination of defendant's actual innocence, and that
the request is reasonable. The court shall deny or limit such a  request
upon  a  finding  that  such  a  request, if granted, would threaten the
integrity or chain of custody of property or the integrity of the  proc-
esses  or  functions of a laboratory conducting DNA testing, pose a risk
of harm, intimidation, embarrassment, reprisal, or  other  substantially
negative  consequences  to any person, undermine the proper functions of
law enforcement including the confidentiality of informants, or  on  the
basis  of  any  other factor identified by the court in the interests of
justice or public safety. The court shall further ensure that any  prop-
erty  produced  pursuant  to  this  paragraph is subject to a protective
order, where appropriate. The court shall deny any request made pursuant
to this paragraph where:
  § 11. Subdivision 10 of section 450.10 of the penal law, as  added  by
chapter 795 of the laws of 1984, is amended to read as follows:
  10.  Where  there  has been a failure to comply with the provisions of
this section, and where the district attorney does  not  demonstrate  to
the  satisfaction  of  the  court  that  such failure has not caused the
defendant prejudice, the court shall  instruct  the  jury  that  it  may
consider  such  failure  in  determining  the  weight  to  be given such
evidence and may also impose any other sanction set forth in subdivision
one of section [240.70] 245.80 of the criminal procedure law;  provided,
however,  that  unless  the  defendant has convinced the court that such
failure has caused him undue prejudice, the court shall not preclude the
district attorney from introducing into evidence  the  property,  photo-
graphs,  photocopies,  or  other reproductions of the property or, where
appropriate, testimony concerning its value and  condition,  where  such
evidence  is  otherwise  properly authenticated and admissible under the
rules of evidence. Failure to  comply  with  any  one  or  more  of  the
provisions  of  this  section shall not for that reason alone be grounds
for dismissal of the accusatory instrument.
  § 12. Section 460.80 of the penal law, as added by chapter 516 of  the
laws of 1986, is amended to read as follows:
§ 460.80 Court ordered disclosure.
  Notwithstanding  the  provisions of article two hundred [forty] FORTY-
FIVE of the criminal procedure law, when forfeiture is  sought  pursuant
to section 460.30 of this [chapter] ARTICLE, the court may order discov-
ery  of  any  property  not  otherwise  disclosed  which is material and
reasonably necessary for preparation by the defendant  with  respect  to
the  forfeiture proceeding pursuant to such section. The court may issue

S. 1505                            126                           A. 2005

a protective order denying, limiting, conditioning, delaying or regulat-
ing such discovery where a danger to the integrity of physical  evidence
or a substantial risk of physical harm, intimidation, economic reprisal,
bribery  or  unjustified  annoyance or embarrassment to any person or an
adverse effect upon the legitimate needs of law  enforcement,  including
the protection of the confidentiality of informants, or any other factor
or set of factors outweighs the usefulness of the discovery.
  §  13.  Subdivision  5 of section 480.10 of the penal law, as added by
chapter 655 of the laws of 1990, is amended to read as follows:
  5. In addition to information required to  be  disclosed  pursuant  to
article  two  hundred  [forty] FORTY-FIVE of the criminal procedure law,
when forfeiture is sought pursuant to this article,  and  following  the
defendant's arraignment on the special forfeiture information, the court
shall  order  discovery of any information not otherwise disclosed which
is material and reasonably necessary for preparation  by  the  defendant
with  respect  to a forfeiture proceeding brought pursuant to this arti-
cle. Such material shall  include  those  portions  of  the  grand  jury
minutes  and  such other information which pertain solely to the special
forfeiture information and shall not include information which  pertains
to  the  criminal charges. Upon application of the prosecutor, the court
may issue a protective order pursuant to section [240.40] 245.70 of  the
criminal  procedure  law  with respect to any information required to be
disclosed pursuant to this subdivision.
  § 14. The penal law is amended by adding a new section 215.07 to  read
as follows:
§ 215.07 TAMPERING  WITH  OR  INTIMIDATING  A  VICTIM OR WITNESS THROUGH
           SOCIAL MEDIA.
  A PERSON IS GUILTY OF TAMPERING  WITH  OR  INTIMIDATING  A  VICTIM  OR
WITNESS  THROUGH SOCIAL MEDIA WHEN HE OR SHE DISSEMINATES INFORMATION ON
SOCIAL MEDIA WITH THE INTENT TO INDUCE A WITNESS OR VICTIM:
  1. TO ABSENT HIMSELF OR HERSELF FROM, OR OTHERWISE TO AVOID OR SEEK TO
AVOID APPEARING AT, PRODUCING RECORDS, DOCUMENTS OR  OTHER  OBJECTS  FOR
USE AT, OR TESTIFYING AT A CRIMINAL ACTION OR PROCEEDING; OR
  2.  TO  REFRAIN  FROM  COMMUNICATING INFORMATION OR PRODUCING RECORDS,
DOCUMENTS OR OTHER OBJECTS TO ANY COURT, GRAND JURY, PROSECUTOR,  POLICE
OFFICER OR PEACE OFFICER CONCERNING A CRIMINAL TRANSACTION.
  SOCIAL  MEDIA  INCLUDES,  BUT IS NOT LIMITED TO FORMS OF COMMUNICATION
THROUGH WHICH USERS PARTICIPATE IN ONLINE COMMUNITIES TO SHARE  INFORMA-
TION, IDEAS, PERSONAL MESSAGES, AND OTHER CONTENT.
  TAMPERING  WITH  OR  INTIMIDATING  A  VICTIM OR WITNESS THROUGH SOCIAL
MEDIA IS A CLASS A MISDEMEANOR.
  § 15. Section 215.10 of the penal law, the  section  heading  and  the
closing  paragraph  as  amended  by  chapter 664 of the laws of 1982, is
amended to read as follows:
§ 215.10 Tampering with a witness in the [fourth] FIFTH degree.
  A person is guilty of tampering with a witness  IN  THE  FIFTH  DEGREE
when,  knowing  that  a  person  [is  or is about to] MAY be called as a
witness in an action or proceeding, (a) he OR SHE wrongfully induces  or
attempts  to  induce  such  person to absent himself OR HERSELF from, or
otherwise to avoid or seek to avoid  appearing  AT,  PRODUCING  RECORDS,
DOCUMENTS  OR  OTHER OBJECTS FOR USE AT or testifying at, such action or
proceeding, or (b) he OR SHE knowingly  makes  any  false  statement  or
practices  any  fraud  or  deceit with intent to affect the testimony of
such person.
  Tampering with a witness in the [fourth] FIFTH degree  is  a  class  A
misdemeanor.

S. 1505                            127                           A. 2005

  §  16. Section 215.11 of the penal law, as added by chapter 664 of the
laws of 1982, is amended to read as follows:
§ 215.11 Tampering with a witness in the [third] FOURTH degree.
  A  person  is guilty of tampering with a witness in the [third] FOURTH
degree when, knowing that a person [is about to]  MAY  be  called  as  a
witness in a criminal proceeding:
  1.  He  OR SHE wrongfully compels or attempts to compel such person to
absent himself OR HERSELF from, or otherwise to avoid or seek  to  avoid
appearing  AT,  PRODUCING RECORDS, DOCUMENTS OR OTHER OBJECTS FOR USE AT
or testifying at such proceeding by means of instilling in him OR HER  a
fear that the actor will cause physical injury to such person or another
person; or
  2.  He  OR SHE wrongfully compels or attempts to compel such person to
swear falsely OR ALTER, DESTROY, MUTILATE OR CONCEAL AN OBJECT WITH  THE
INTENT  TO IMPAIR THE INTEGRITY OR AVAILABILITY OF THE OBJECT FOR USE IN
THE ACTION OR PROCEEDING by means of instilling in him  OR  HER  a  fear
that  the  actor  will  cause  physical injury to such person or another
person.
  Tampering with a witness in the [third] FOURTH degree  is  a  class  E
felony.
  §  17. Section 215.12 of the penal law, as added by chapter 664 of the
laws of 1982, is amended to read as follows:
§ 215.12 Tampering with a witness in the [second] THIRD degree.
  A person is guilty of tampering with a witness in the  [second]  THIRD
degree when he OR SHE:
  1.  Intentionally  causes  OR  ATTEMPTS  TO CAUSE physical injury to a
person for the purpose of obstructing, delaying, preventing or  impeding
the  giving  of  testimony  in  a  criminal proceeding by such person or
another person or for the purpose of compelling such person  or  another
person to swear falsely OR ALTER, DESTROY, MUTILATE OR CONCEAL AN OBJECT
WITH  THE  INTENT  TO IMPAIR THE INTEGRITY OR AVAILABILITY OF THE OBJECT
FOR USE IN THE ACTION OR PROCEEDING; or
  2. [He intentionally] INTENTIONALLY causes OR ATTEMPTS TO CAUSE  phys-
ical  injury  to  a  person  on account of such person or another person
having testified in a criminal proceeding OR PRODUCED RECORDS, DOCUMENTS
OR OTHER OBJECTS FOR USE IN A CRIMINAL PROCEEDING.
  Tampering with a witness in the [second] THIRD degree  is  a  class  D
felony.
  §  18. Section 215.13 of the penal law, as added by chapter 664 of the
laws of 1982, is amended to read as follows:
§ 215.13 Tampering with a witness in the [first] SECOND degree.
  A person is guilty of tampering with a witness in the  [first]  SECOND
degree when:
  1.  He OR SHE intentionally causes OR ATTEMPTS FOR CAUSE serious phys-
ical injury to a  person  for  the  purpose  of  obstructing,  delaying,
preventing  or impeding the giving of testimony in a criminal proceeding
by such person or another person or for the purpose of  compelling  such
person or another person to swear falsely OR ALTER, DESTROY, MUTILATE OR
CONCEAL AN OBJECT WITH THE INTENT TO IMPAIR THE INTEGRITY OR AVAILABILI-
TY OF THE OBJECT FOR USE IN THE ACTION OR PROCEEDING; or
  2.  He  OR SHE intentionally causes OR ATTEMPTS TO CAUSE serious phys-
ical injury to a person on account of  such  person  or  another  person
having testified in a criminal proceeding OR PRODUCED RECORDS, DOCUMENTS
OR OTHER OBJECTS FOR USE IN A CRIMINAL PROCEEDING.
  Tampering  with  a  witness  in the [first] SECOND degree is a class B
felony.

S. 1505                            128                           A. 2005

  § 19. The penal law is amended by adding a  new  section  215.13-a  to
read as follows:
§ 215.13-A TAMPERING WITH A WITNESS IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY  OF TAMPERING WITH A WITNESS IN THE FIRST DEGREE
WHEN:
  1. HE OR SHE INTENTIONALLY CAUSES OR ATTEMPTS TO CAUSE THE DEATH OF  A
PERSON  FOR THE PURPOSE OF OBSTRUCTING, DELAYING, PREVENTING OR IMPEDING
THE GIVING OF TESTIMONY IN A  CRIMINAL  PROCEEDING  BY  SUCH  PERSON  OR
ANOTHER  PERSON  OR FOR THE PURPOSE OF COMPELLING SUCH PERSON OR ANOTHER
PERSON TO SWEAR FALSELY OR ALTER, DESTROY, MUTILATE OR CONCEAL AN OBJECT
WITH THE INTENT TO IMPAIR THE INTEGRITY OR AVAILABILITY  OF  THE  OBJECT
FOR USE IN THE ACTION OR PROCEEDING; OR
  2.  HE OR SHE INTENTIONALLY CAUSES OR ATTEMPTS TO CAUSE THE DEATH OF A
PERSON ON ACCOUNT OF SUCH PERSON OR ANOTHER PERSON HAVING TESTIFIED IN A
CRIMINAL PROCEEDING OR PRODUCED RECORDS, DOCUMENTS OR OTHER OBJECTS  FOR
USE IN A CRIMINAL PROCEEDING.
  TAMPERING WITH A WITNESS IN THE FIRST DEGREE IS A CLASS A-I FELONY.
  §  20. Section 215.15 of the penal law, as added by chapter 667 of the
laws of 1985, is amended to read as follows:
§ 215.15 Intimidating a victim or witness in the [third] FOURTH degree.
  A person is guilty of intimidating a victim or witness in the  [third]
FOURTH  degree  when, knowing that another person possesses information,
RECORDS, DOCUMENTS OR OTHER OBJECTS relating to a  criminal  transaction
and  other  than in the course of that criminal transaction or immediate
flight therefrom, he OR SHE:
  1. Wrongfully compels or attempts  to  compel  such  other  person  to
refrain  from communicating such information OR PRODUCING RECORDS, DOCU-
MENTS OR OTHER OBJECTS to any  court,  grand  jury,  prosecutor,  police
officer  or  peace officer by means of instilling in him a fear that the
actor will cause physical injury to such other person or another person;
or
  2. Intentionally damages the property of such other person or  another
person for the purpose of compelling such other person or another person
to  refrain  from  communicating INFORMATION OR PRODUCING RECORDS, DOCU-
MENTS OR OTHER OBJECTS, or on account of such other  person  or  another
person having communicated[,] information OR PRODUCED RECORDS, DOCUMENTS
OR  OTHER  OBJECTS,  relating to that criminal transaction to any court,
grand jury, prosecutor, police officer or peace officer; OR
  3. INTENTIONALLY DISTRIBUTES, POSTS, OR PUBLISHES THROUGH THE INTERNET
OR SOCIAL MEDIA, INCLUDING ANY FORM OF COMMUNICATION THROUGH WHICH USERS
PARTICIPATE IN ONLINE COMMUNITIES TO SHARE INFORMATION, IDEAS,  PERSONAL
MESSAGES  AND  OTHER  CONTENT,  COPIES OF A VICTIM OR WITNESS STATEMENT,
INCLUDING BUT NOT LIMITED TO TRANSCRIPTS OF GRAND JURY  TESTIMONY  OR  A
WRITTEN  STATEMENT GIVEN BY THE VICTIM OR WITNESS DURING THE COURSE OF A
CRIMINAL INVESTIGATION OR PROCEEDING, OR A VISUAL IMAGE OF A  VICTIM  OR
WITNESS  OR  ANY OTHER PERSON, FOR THE PURPOSE OF COMPELLING A PERSON TO
REFRAIN FROM COMMUNICATING, OR ON ACCOUNT OF  SUCH  VICTIM,  WITNESS  OR
ANOTHER  PERSON HAVING COMMUNICATED, INFORMATION RELATING TO THAT CRIMI-
NAL TRANSACTION TO ANY COURT, GRAND JURY, PROSECUTOR, POLICE OFFICER  OR
PEACE OFFICER.
  Intimidating  a  victim  or  witness in the [third] FOURTH degree is a
class E felony.
  § 21. Section 215.16 of the penal law, as added by chapter 667 of  the
laws of 1985, is amended to read as follows:
§ 215.16 Intimidating a victim or witness in the [second] THIRD degree.

S. 1505                            129                           A. 2005

  A person is guilty of intimidating a victim or witness in the [second]
THIRD degree when, other than in the course of that criminal transaction
or immediate flight therefrom, he OR SHE:
  1. Intentionally causes OR ATTEMPTS TO CAUSE physical injury to anoth-
er person for the purpose of obstructing, delaying, preventing or imped-
ing the communication by such other person or another person of informa-
tion  OR  THE PRODUCTION OF RECORDS, DOCUMENTS OR OTHER OBJECTS relating
to a criminal transaction to any court, grand jury,  prosecutor,  police
officer  or  peace  officer  or for the purpose of compelling such other
person or another person to swear falsely; or
  2. Intentionally causes OR ATTEMPTS TO CAUSE physical injury to anoth-
er person on account of such  other  person  or  another  person  having
communicated information OR PRODUCED RECORDS, DOCUMENTS OR OTHER OBJECTS
relating to a criminal transaction to any court, grand jury, prosecutor,
police officer or peace officer; or
  3.  Recklessly  causes  physical  injury  to  another person by inten-
tionally damaging the property of such other person or  another  person,
for  the  purpose  of obstructing, delaying, preventing or impeding such
other person or another person from communicating OR PRODUCING  RECORDS,
DOCUMENTS OR OTHER OBJECTS, or on account of such other person or anoth-
er  person having communicated[,] information OR PRODUCED RECORDS, DOCU-
MENTS OR OTHER OBJECTS, relating to a criminal transaction to any court,
grand jury, prosecutor, police officer or peace officer.
  Intimidating a victim or witness in the [second]  THIRD  degree  is  a
class D felony.
  §  22. Section 215.17 of the penal law, as added by chapter 667 of the
laws of 1985, is amended to read as follows:
§ 215.17 Intimidating a victim or witness in the [first] SECOND degree.
  A person is guilty of intimidating a victim or witness in the  [first]
SECOND  degree  when,  other  than in the course of that criminal trans-
action or immediate flight therefrom, he OR SHE:
  1. Intentionally causes OR ATTEMPTS TO CAUSE serious  physical  injury
to  another  person for the purpose of obstructing, delaying, preventing
or impeding the communication by such other person or another person  of
information  OR  THE  PRODUCTION  OF RECORDS, DOCUMENTS OR OTHER OBJECTS
relating to a criminal transaction to any court, grand jury, prosecutor,
police officer or peace officer or for the purpose  of  compelling  such
other person or another person to swear falsely; or
  2.  Intentionally  causes OR ATTEMPTS TO CAUSE serious physical injury
to another person on account of such  other  person  or  another  person
having  communicated information OR PRODUCED RECORDS, DOCUMENTS OR OTHER
OBJECTS, relating to a criminal transaction to any  court,  grand  jury,
prosecutor, police officer or peace officer.
  Intimidating  a  victim  or  witness in the [first] SECOND degree is a
class B felony.
  § 23. The penal law is amended by adding a new section 215.18 to  read
as follows:
§ 215.18 INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF INTIMIDATING A VICTIM OR WITNESS IN THE FIRST
DEGREE WHEN, OTHER THAN IN THE COURSE OF THAT  CRIMINAL  TRANSACTION  OR
IMMEDIATE FLIGHT THEREFROM, HE OR SHE:
  1.  INTENTIONALLY  CAUSES OR ATTEMPTS TO CAUSE DEATH TO ANOTHER PERSON
FOR THE PURPOSE OF OBSTRUCTING, DELAYING,  PREVENTING  OR  IMPEDING  THE
COMMUNICATION  BY  SUCH OTHER PERSON OR ANOTHER PERSON OF INFORMATION OR
THE PRODUCTION OF RECORDS, DOCUMENTS OR  OTHER  OBJECTS  RELATING  TO  A
CRIMINAL  TRANSACTION TO ANY COURT, GRAND JURY, PROSECUTOR, POLICE OFFI-

S. 1505                            130                           A. 2005

CER OR PEACE OFFICER OR FOR THE PURPOSE OF COMPELLING SUCH OTHER  PERSON
OR ANOTHER PERSON TO SWEAR FALSELY; OR
  2.  INTENTIONALLY  CAUSES OR ATTEMPTS TO CAUSE DEATH TO ANOTHER PERSON
ON ACCOUNT OF SUCH OTHER PERSON OR ANOTHER  PERSON  HAVING  COMMUNICATED
INFORMATION OR PRODUCED RECORDS, DOCUMENTS OR OTHER OBJECTS, RELATING TO
A  CRIMINAL  TRANSACTION  TO  ANY  COURT, GRAND JURY, PROSECUTOR, POLICE
OFFICER OR PEACE OFFICER.
  INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE IS  A  CLASS  A-I
FELONY.
  §  24. The penal law is amended by adding a new section 215.21 to read
as follows:
§ 215.21 AFFIRMATIVE DEFENSE.
  IN A PROSECUTION FOR AN OFFENSE UNDER THIS ARTICLE, IT IS AN  AFFIRMA-
TIVE  DEFENSE,  AS  TO  WHICH THE DEFENDANT HAS THE BURDEN OF PROOF BY A
PREPONDERANCE OF THE EVIDENCE, THAT  THE  CONDUCT  CONSISTED  SOLELY  OF
LAWFUL CONDUCT AND THAT THE DEFENDANT'S SOLE INTENTION WAS TO ENCOURAGE,
INDUCE, OR CAUSE THE OTHER PERSON TO TESTIFY TRUTHFULLY.
  §  25.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law; provided, however, the  amendments  to
section 65.20 of the criminal procedure law made by section four of this
act  shall  not  affect  the  repeal of such section and shall be deemed
repealed therewith.

                                SUBPART C

  Section 1.  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 subdi-
vision 4 as amended by chapter 631 of the laws of 1996, paragraph (h) of
subdivision 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,  para-
graph  (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,  a  motion  made
pursuant  to paragraph (e) of subdivision one of section 170.30 or para-
graph (g) of subdivision one of section 210.20 must be granted where the
people are not ready for trial within:
  (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.

S. 1505                            131                           A. 2005

  2.  [Except  as  provided  in subdivision three, 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.]
  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.  ANY STATEMENT OF TRIAL
READINESS MUST BE ACCOMPANIED OR PRECEDED BY  A  CERTIFICATION  OF  GOOD
FAITH COMPLIANCE WITH THE DISCLOSURE REQUIREMENTS OF ARTICLE TWO HUNDRED
FORTY-FIVE  OF  THIS CHAPTER.  THIS SUBDIVISION SHALL NOT APPLY TO CASES
WHERE THE DEFENSE HAS WAIVED DISCLOSURE REQUIREMENTS.  THE DEFENSE SHALL
BE AFFORDED AN OPPORTUNITY TO BE HEARD ON THE RECORD CONCERNING ANY SUCH
INQUIRY BY THE COURT, AND CONCERNING WHETHER  SUCH  DISCLOSURE  REQUIRE-
MENTS HAVE BEEN MET.
  2-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
100.15 AND 100.40 AND THOSE  COUNTS  NOT  MEETING  THE  REQUIREMENTS  OF
SECTIONS 100.15 AND 100.40 HAVE BEEN DISMISSED.
  3.  (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;

S. 1505                            132                           A. 2005

  (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.    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
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-

S. 1505                            133                           A. 2005

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.
  5.  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.
  6. 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;
  (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-

S. 1505                            134                           A. 2005

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
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.] 7. 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.
  § 2. 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.
  § 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
  §  2.  If  any  clause,  sentence,  paragraph, subdivision, section or
subpart of this act shall be adjudged by any court of  competent  juris-
diction to be invalid, such judgment shall not affect, impair, or inval-
idate  the  remainder thereof, but shall be confined in its operation to
the clause, sentence, paragraph, subdivision, section or subpart thereof

S. 1505                            135                           A. 2005

directly involved in the controversy in which such judgment  shall  have
been rendered. It is hereby declared to be the intent of the legislature
that  this  act  would have been enacted even if such invalid provisions
had not been included herein.
  §  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through C of this act  shall
be as specifically set forth in the last section of such Subparts.

                                 PART BB

  Section  1.  Subdivisions 2 and 3 of section 86 of the public officers
law, as added by chapter 933 of the laws of 1977, are amended and a  new
subdivision 6 is added to read as follows:
  2.  "State  legislature"  means  the  [legislature of the state of New
York, including] NEW YORK STATE SENATE, NEW  YORK  STATE  ASSEMBLY,  any
committee,  subcommittee,  joint committee, select committee, or commis-
sion thereof, AND ANY MEMBERS, OFFICERS, REPRESENTATIVES  AND  EMPLOYEES
THEREOF.
  3.  "Agency"  means  any state or municipal department, board, bureau,
division, commission, committee, public authority,  public  corporation,
council,  office, or other governmental entity performing a governmental
or proprietary function for the state or any one or more  municipalities
thereof, except the judiciary [or the state legislature].
  6.  "RESPECTIVE  HOUSE  OF  THE  STATE LEGISLATURE" MEANS THE NEW YORK
STATE SENATE, NEW YORK STATE ASSEMBLY, AND ANY CORRESPONDING  COMMITTEE,
SUBCOMMITTEE,  JOINT COMMITTEE, SELECT COMMITTEE, OR COMMISSION THEREOF,
AND ANY MEMBERS, OFFICERS, REPRESENTATIVES AND EMPLOYEES THEREOF.
  § 2. Section 87 of the public officers law, as added by chapter 933 of
the laws of 1977, paragraph (a) and the opening paragraph  of  paragraph
(b)  of  subdivision  1  as  amended  by chapter 80 of the laws of 1983,
subparagraph iii of paragraph (b) of subdivision 1 as amended and  para-
graph  (c) of subdivision 1 and subdivision 5 as added by chapter 223 of
the laws of 2008, paragraph (d) of subdivision 2 as amended  by  chapter
289  of  the  laws of 1990, paragraph (f) of subdivision 2 as amended by
chapter 403 of the laws of 2003,  paragraph  (g)  of  subdivision  2  as
amended by chapter 510 of the laws of 1999, paragraph (i) of subdivision
2 as amended by chapter 154 of the laws of 2010, paragraph (j) of subdi-
vision  2  as added by chapter 746 of the laws of 1988, paragraph (k) of
subdivision 2 as separately added by chapters 19, 20, 21, 22, 23 and 383
of the laws of 2009, paragraph (l) of subdivision 2 as added by  section
12 of part II of chapter 59 of the laws of 2010, paragraph (m) of subdi-
vision  2  as added by chapter 189 of the laws of 2013, paragraph (n) of
subdivision 2 as added by chapter 43 of the laws of 2014, paragraph  (n)
of subdivision 2 as separately added by chapters 99, 101, and 123 of the
laws  of 2014, paragraph (o) of subdivision 2 as added by chapter 222 of
the laws of 2015, paragraph (c) of subdivision 3 as amended  by  chapter
499  of  the  laws of 2008, subdivision 4 as added by chapter 890 of the
laws of 1981, and paragraph (c) of subdivision 4 as added by chapter 102
of the laws of 2007, is amended to read as follows:
  § 87. Access to agency OR STATE LEGISLATURE  records.  1.  (a)  Within
sixty  days after the effective date of this article, the governing body
of each public corporation shall  promulgate  uniform  rules  and  regu-
lations  for  all  agencies  in such public corporation pursuant to such
general rules and regulations as may be promulgated by the committee  on
open  government  in  conformity  with  the  provisions of this article,
pertaining to the administration of this article.

S. 1505                            136                           A. 2005

  (b) Each agency AND EACH HOUSE OF THE STATE LEGISLATURE shall  promul-
gate rules and regulations, in conformity with this article and applica-
ble  rules  and  regulations  promulgated  pursuant to the provisions of
paragraph (a) of this subdivision, and pursuant to  such  general  rules
and  regulations  as may be promulgated by the committee on open govern-
ment in conformity with the provisions of this  article,  pertaining  to
the  availability  of  records and procedures to be followed, including,
but not limited to:
  i. the times and places such records are available;
  ii. the persons from whom such records may be obtained[,]; and
  iii. the fees for copies of records which shall not exceed twenty-five
cents per photocopy not in excess of nine inches by fourteen inches,  or
the  actual  cost of reproducing any other record in accordance with the
provisions of paragraph (c) of this subdivision, except when a different
fee is otherwise prescribed by statute.
  (c) In determining the actual cost of reproducing a record, an  agency
AND THE STATE LEGISLATURE may include only:
  i.  an amount equal to the hourly salary attributed to the lowest paid
EMPLOYEE OF AN agency or [employee] RESPECTIVE HOUSE OF THE STATE LEGIS-
LATURE who has the necessary skill required to prepare  a  copy  of  the
requested record;
  ii.  the  actual  cost of the storage devices or media provided to the
person making the request in complying with such request;
  iii. the actual cost to the agency OR TO THE RESPECTIVE HOUSE  OF  THE
STATE LEGISLATURE of engaging an outside professional service to prepare
a copy of a record, but only when an agency's OR RESPECTIVE HOUSE OF THE
STATE  LEGISLATURE'S  information  technology equipment is inadequate to
prepare a copy, if such service is used to prepare the copy; and
  iv. preparing a copy shall not include search time  or  administrative
costs,  and  no fee shall be charged unless at least two hours of agency
OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE employee time is needed  to
prepare  a  copy  of  the record requested. A person requesting a record
shall be informed of the estimated cost  of  preparing  a  copy  of  the
record  if  more  than two hours of an agency OR RESPECTIVE HOUSE OF THE
STATE LEGISLATURE employee's time is needed, or if  an  outside  profes-
sional service would be retained to prepare a copy of the record.
  2.  Each  agency  AND  THE  RESPECTIVE  HOUSE OF THE STATE LEGISLATURE
shall, in accordance with its published rules, make available for public
inspection and copying all records, except  that  such  agency  AND  THE
RESPECTIVE  HOUSE OF THE STATE LEGISLATURE may deny access to records or
portions thereof that:
  (a) are specifically exempted from  disclosure  by  state  or  federal
statute;
  (b)  if disclosed would constitute an unwarranted invasion of personal
privacy under the provisions of subdivision two of  section  eighty-nine
of this article;
  (c)  if  disclosed would impair present or imminent contract awards or
collective bargaining negotiations PROVIDED, HOWEVER, THAT THE  PROPOSED
TERMS  OF  AN AGREEMENT BETWEEN A PUBLIC EMPLOYER AND AN EMPLOYEE ORGAN-
IZATION, AS THOSE TERMS ARE DEFINED IN ARTICLE  FOURTEEN  OF  THE  CIVIL
SERVICE LAW, THAT REQUIRE RATIFICATION BY MEMBERS OF THE EMPLOYEE ORGAN-
IZATION OR BY THE PUBLIC EMPLOYER, WHERE APPLICABLE, OR APPROVAL OF SUCH
PROVISIONS  BY  THE  APPROPRIATE LEGISLATIVE BODY AS REQUIRED BY SECTION
TWO HUNDRED FOUR-A OF THE CIVIL SERVICE LAW, SHALL BE MADE AVAILABLE  TO
THE PUBLIC NO LATER THAN WHEN SUCH PROPOSED TERMS ARE SENT TO MEMBERS OF
THE   EMPLOYEE  ORGANIZATION  FOR  RATIFICATION,  WHEN  SUCH  TERMS  ARE

S. 1505                            137                           A. 2005

PRESENTED TO THE EMPLOYER FOR RATIFICATION, WHERE  APPLICABLE,  OR  WHEN
THE  PROVISIONS  OF SUCH AGREEMENT REQUIRING APPROVAL BY THE APPROPRIATE
LEGISLATIVE BODY PURSUANT TO SECTION TWO HUNDRED  FOUR-A  OF  THE  CIVIL
SERVICE  LAW  ARE  SUBMITTED  TO  SUCH BODY, WHICHEVER DATE IS EARLIEST.
ADDITIONALLY, A COPY OF THE PROPOSED TERMS OF SUCH  AGREEMENT  SHALL  BE
PLACED  ON  THE  WEBSITE  OF  THE  APPLICABLE  PUBLIC  EMPLOYER, IF SUCH
WEBSITES EXIST, AND WITHIN THE LOCAL PUBLIC  LIBRARIES  AND  OFFICES  OF
SUCH PUBLIC EMPLOYER, OR IN THE CASE OF COLLECTIVE BARGAINING AGREEMENTS
NEGOTIATED  BY  THE  STATE,  ON  THE  WEBSITE  OF THE OFFICE OF EMPLOYEE
RELATIONS ON SUCH DATE;
  (d) are trade secrets or are submitted to an agency OR TO THE  RESPEC-
TIVE  HOUSE  OF  THE  STATE  LEGISLATURE  by  a commercial enterprise or
derived from information obtained from a commercial enterprise and which
if disclosed would cause substantial injury to the competitive  position
of the subject enterprise;
  (e) are compiled for law enforcement purposes and which, if disclosed,
would:
  i.   interfere   with   law  enforcement  investigations  or  judicial
proceedings;
  ii. deprive a person of a right to a fair trial or  impartial  adjudi-
cation;
  iii.  identify a confidential source or disclose confidential informa-
tion relating to a criminal investigation; or
  iv. reveal criminal investigative  techniques  or  procedures,  except
routine techniques and procedures;
  (f) if disclosed could endanger CRITICAL INFRASTRUCTURE OR the life or
safety of any person;
  (g) are inter-agency or intra-agency materials which are not:
  i. statistical or factual tabulations or data;
  ii. instructions to staff that affect the public;
  iii. final agency policy or determinations;
  iv.  external audits, including but not limited to audits performed by
the comptroller and the federal government; [or]
  (G-1) ARE MATERIALS EXCHANGED WITHIN THE STATE LEGISLATURE  WHICH  ARE
NOT:
  I. STATISTICAL OR FACTUAL TABULATIONS OR DATA;
  II. INSTRUCTIONS TO STAFF THAT AFFECT THE PUBLIC;
  III.  FINAL  POLICY  OR  DETERMINATIONS OF THE RESPECTIVE HOUSE OF THE
STATE LEGISLATURE;
  IV. EXTERNAL AUDITS, INCLUDING BUT NOT LIMITED TO AUDITS PERFORMED  BY
THE COMPTROLLER AND THE FEDERAL GOVERNMENT; OR
  (h)  are examination questions or answers which are requested prior to
the final administration of such questions.
  (i) if disclosed, would jeopardize the  capacity  of  an  agency,  THE
STATE  LEGISLATURE,  or  an  entity  that has shared information with an
agency OR THE STATE LEGISLATURE to guarantee the security of its  infor-
mation  technology  assets,  such  assets  encompassing  both electronic
information systems and infrastructures; or
  (j) are photographs, microphotographs,  videotape  or  other  recorded
images  prepared  under  authority of section eleven hundred eleven-a of
the vehicle and traffic law.
  (k) are photographs, microphotographs,  videotape  or  other  recorded
images  prepared  under  authority of section eleven hundred eleven-b of
the vehicle and traffic law.

S. 1505                            138                           A. 2005

  (l) are photographs, microphotographs,  videotape  or  other  recorded
images  produced  by a bus lane photo device prepared under authority of
section eleven hundred eleven-c of the vehicle and traffic law.
  (m)  are  photographs,  microphotographs,  videotape or other recorded
images prepared under the authority of section eleven  hundred  eighty-b
of the vehicle and traffic law.
  (n)  are  photographs,  microphotographs,  videotape or other recorded
images prepared under the authority of section eleven  hundred  eighty-c
of the vehicle and traffic law.
  (n)  are  photographs,  microphotographs,  videotape or other recorded
images prepared under authority of section eleven  hundred  eleven-d  of
the vehicle and traffic law.
  (o)  are  photographs,  microphotographs,  videotape or other recorded
images prepared under authority of section eleven  hundred  eleven-e  of
the vehicle and traffic law.
  3.  Each  agency  AND  RESPECTIVE HOUSE OF THE STATE LEGISLATURE shall
maintain:
  (a) a record of the final vote of each member in every agency OR STATE
LEGISLATURE proceeding in which the member votes;
  (B) A RECORD OF VOTES OF  EACH  MEMBER  IN  EVERY  SESSION  AND  EVERY
COMMITTEE  AND SUBCOMMITTEE MEETING IN WHICH THE MEMBER OF THE SENATE OR
ASSEMBLY VOTES;
  [(b)] (C) a record setting forth  the  name,  public  office  address,
title and salary of every officer or employee of the agency OR THE STATE
LEGISLATURE; and
  [(c)]  (D) a reasonably detailed current list by subject matter of all
records in the possession of the agency OR STATE LEGISLATURE, whether or
not available under this article. Each agency AND EACH RESPECTIVE  HOUSE
OF  THE STATE LEGISLATURE shall update its subject matter list annually,
and the date of the most recent update shall be conspicuously  indicated
on  the  list.  [Each]  THE  STATE  LEGISLATURE AND EACH state agency as
defined in subdivision four of this section  that  maintains  a  website
shall  post  its  current  list on its website and such posting shall be
linked to the website of the committee  on  open  government.  Any  such
agency OR PART OF THE STATE LEGISLATURE that does not maintain a website
shall arrange to have its list posted on the website of the committee on
open government.
  4.  (a) Each state agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE
which maintains records containing trade secrets, to which access may be
denied pursuant to paragraph (d) of subdivision  two  of  this  section,
shall promulgate regulations in conformity with the provisions of subdi-
vision  five  of  section eighty-nine of this article pertaining to such
records, including, but not limited to the following:
  (1) the manner of identifying the records or parts;
  (2) the manner of identifying persons within the agency OR  RESPECTIVE
HOUSE  OF  THE  STATE  LEGISLATURE to whose custody the records or parts
will be charged and for whose inspection and study the records  will  be
made available;
  (3)  the manner of safeguarding against any unauthorized access to the
records.
  (b) As used in this subdivision the term "agency"  or  "state  agency"
means  only  a  state department, board, bureau, division, council [or],
office and any public corporation the  majority  of  whose  members  are
appointed by the governor.

S. 1505                            139                           A. 2005

  (c) AS USED IN THIS SUBDIVISION THE TERM "STATE LEGISLATURE" MEANS THE
LEGISLATURE  AS DEFINED IN SUBDIVISION TWO OF SECTION EIGHTY-SIX OF THIS
ARTICLE.
  (D)  Each  state  agency AND RESPECTIVE HOUSE OF THE STATE LEGISLATURE
that maintains a website shall post information related to this  article
and article six-A of this chapter on its website. Such information shall
include,  at  a  minimum,  contact information for the persons from whom
records of the agency OR RESPECTIVE HOUSE OF THE STATE  LEGISLATURE  may
be  obtained,  the  times  and  places  such  records  are available for
inspection and copying, and information on how  to  request  records  in
person,  by  mail,  and,  if the agency OR RESPECTIVE HOUSE OF THE STATE
LEGISLATURE accepts requests for records electronically, by e-mail. This
posting shall be linked to the website of the committee on open  govern-
ment.
  5.  (a)  An  agency  AND THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE
shall provide records on the medium requested by a person, if the agency
OR THE RESPECTIVE HOUSE OF THE STATE  LEGISLATURE  can  reasonably  make
such  copy  or  have  such copy made by engaging an outside professional
service. Records provided in a computer format shall not be encrypted.
  (b) No agency NOR THE STATE LEGISLATURE shall enter into  or  renew  a
contract  for  the  creation  or maintenance of records if such contract
impairs the right of the public to inspect or copy the agency's  OR  THE
STATE LEGISLATURE'S records.
  6.  (A)  EACH AGENCY AND HOUSE OF THE STATE LEGISLATURE SHALL PUBLISH,
ON ITS INTERNET WEBSITE, TO THE EXTENT PRACTICABLE, RECORDS OR  PORTIONS
OF  RECORDS  THAT ARE AVAILABLE TO THE PUBLIC PURSUANT TO THE PROVISIONS
OF THIS ARTICLE, OR WHICH, IN CONSIDERATION OF THEIR NATURE, CONTENT  OR
SUBJECT  MATTER,  ARE  DETERMINED  BY  THE  AGENCY OR HOUSE OF THE STATE
LEGISLATURE TO BE OF  SUBSTANTIAL  INTEREST  TO  THE  PUBLIC.  ANY  SUCH
RECORDS  MAY  BE  REMOVED  FROM  THE INTERNET WEBSITE WHEN THE AGENCY OR
HOUSE OF THE STATE LEGISLATURE DETERMINES THAT THEY  ARE  NO  LONGER  OF
SUBSTANTIAL INTEREST TO THE PUBLIC. ANY SUCH RECORDS MAY BE REMOVED FROM
THE  INTERNET  WEBSITE  WHEN  THEY  HAVE  REACHED THE END OF THEIR LEGAL
RETENTION PERIOD. GUIDANCE ON CREATING RECORDS IN ACCESSIBLE FORMATS AND
ENSURING THEIR CONTINUING ACCESSIBILITY  SHALL  BE  AVAILABLE  FROM  THE
OFFICE OF INFORMATION TECHNOLOGY SERVICES AND THE STATE ARCHIVES.
  (B)  THE  PROVISIONS  OF  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT
APPLY TO RECORDS OR PORTIONS OF RECORDS THE DISCLOSURE  OF  WHICH  WOULD
CONSTITUTE  AN  UNWARRANTED  INVASION  OF PERSONAL PRIVACY IN ACCORDANCE
WITH SUBDIVISION TWO OF SECTION EIGHTY-NINE OF THIS ARTICLE.
  (C) THE COMMITTEE ON OPEN GOVERNMENT SHALL  PROMULGATE  GUIDELINES  TO
EFFECTUATE THIS SUBDIVISION.
  (D)  NOTHING  IN  THIS  SUBDIVISION  SHALL BE CONSTRUED AS TO LIMIT OR
ABRIDGE THE POWER OF AN AGENCY OR HOUSE  OF  THE  STATE  LEGISLATURE  TO
PUBLISH  RECORDS  ON  ITS  INTERNET  WEBSITE  THAT  ARE  SUBJECT  TO THE
PROVISIONS OF THIS ARTICLE PRIOR TO A WRITTEN  REQUEST  OR  PRIOR  TO  A
FREQUENT REQUEST.
  § 3. Section 88 of the public officers law is REPEALED.
  § 4. Section 89 of the public officers law, as added by chapter 933 of
the  laws  of 1977, paragraph (a) of subdivision 1 as amended by chapter
33 of the laws of 1984, paragraph (b) of subdivision  1  as  amended  by
chapter  182 of the laws of 2006, subdivision 2 as amended by section 11
of part U of chapter 61 of the laws of 2011, subdivision 2-a as added by
chapter 652 of the laws of 1983, subdivision 3 as amended by chapter 223
of the laws of 2008, paragraph (c) of subdivision 3 as added by  chapter
47  of  the  laws of 2018, subdivision 4 as amended by chapter 22 of the

S. 1505                            140                           A. 2005

laws of 2005, paragraph (c) of subdivision 4 as amended by  chapter  453
of  the laws of 2017, paragraph (d) of subdivision 4 as added by chapter
487 of the laws of 2016, subdivision 5 as added  and  subdivision  6  as
renumbered by chapter 890 of the laws of 1981, paragraph (a) of subdivi-
sion  5  as amended by chapter 403 of the laws of 2003, paragraph (d) of
subdivision 5 as amended by chapter 339 of the laws of 2004, subdivision
7 as added by chapter 783 of the laws of 1983, subdivision 8 as added by
chapter 705 of the laws of 1989, and subdivision 9 as added  by  chapter
351 of the laws of 2008, is amended to read as follows:
  § 89. General provisions relating to access to records; certain cases.
The provisions of this section apply to access to all records, except as
hereinafter specified:
  1. (a) The committee on open government is continued and shall consist
of  the  lieutenant governor or the delegate of such officer, the secre-
tary of state or the delegate of such officer, whose office shall act as
secretariat for the committee, the commissioner of the office of general
services or the delegate of such officer, the director of the budget  or
the  delegate  of  such  officer,  and seven other persons, none of whom
shall hold any other state or local public office except  the  represen-
tative  of  local  governments  as  set forth herein, to be appointed as
follows: five by the governor, at least two of whom  are  or  have  been
representatives of the news media, one of whom shall be a representative
of  local  government  who,  at the time of appointment, is serving as a
duly elected officer of a local government, one by the temporary  presi-
dent  of the senate, and one by the speaker of the assembly. The persons
appointed by the temporary president of the senate and  the  speaker  of
the  assembly shall be appointed to serve, respectively, until the expi-
ration of the terms of office of the temporary president and the speaker
to which the temporary president and  speaker  were  elected.  The  four
persons presently serving by appointment of the governor for fixed terms
shall  continue to serve until the expiration of their respective terms.
Thereafter, their respective successors shall be appointed for terms  of
four  years. The member representing local government shall be appointed
for a term of four years, so long as such member  shall  remain  a  duly
elected  officer of a local government. The committee shall hold no less
than two meetings annually, but may meet at any time. The members of the
committee  shall  be  entitled  to  reimbursement  for  actual  expenses
incurred in the discharge of their duties.
  (b) The committee shall:
  i.  furnish  to  any agency AND TO EACH HOUSE OF THE STATE LEGISLATURE
advisory guidelines, opinions or other appropriate information regarding
this article;
  ii. furnish to any  person  advisory  opinions  or  other  appropriate
information regarding this article;
  iii.  promulgate rules and regulations with respect to the implementa-
tion of subdivision one  and  paragraph  (c)  of  subdivision  three  of
section eighty-seven of this article;
  iv.  request from any agency AND FROM EITHER HOUSE OF THE STATE LEGIS-
LATURE such assistance, services and  information  as  will  enable  the
committee to effectively carry out its powers and duties;
  v. develop a form, which shall be made available on the internet, that
may be used by the public to request a record; and
  vi.  report  on its activities and findings regarding this article and
article seven of this chapter, including recommendations for changes  in
the  law,  to  the  governor  and the legislature annually, on or before
December fifteenth.

S. 1505                            141                           A. 2005

  2. (a) The committee on [public access to records] OPEN GOVERNMENT may
promulgate guidelines regarding deletion of identifying details or with-
holding of records otherwise available under  this  article  to  prevent
unwarranted invasions of personal privacy. In the absence of such guide-
lines,  an  agency  AND  THE  RESPECTIVE  HOUSE OF STATE LEGISLATURE may
delete identifying details when it makes records available.
  (b) An unwarranted invasion of personal privacy  includes,  but  shall
not be limited to:
  i.  disclosure  of employment, medical or credit histories or personal
references of applicants for employment;
  ii. disclosure of items involving the medical or personal records of a
client or patient in a medical facility;
  iii. sale or release of lists of names and  addresses  if  such  lists
would be used for solicitation or fund-raising purposes;
  iv.  disclosure  of  information  of a personal nature when disclosure
would result in economic or personal hardship to the subject  party  and
such information is not relevant to the work of the agency OR RESPECTIVE
HOUSE OF THE STATE LEGISLATURE requesting or maintaining it;
  v.  disclosure  of information of a personal nature reported in confi-
dence to an agency OR TO THE STATE LEGISLATURE and not relevant  to  the
ordinary work of such agency OR THE STATE LEGISLATURE;
  vi.  information  of a personal nature contained in a workers' compen-
sation record, except as provided by section one hundred  ten-a  of  the
workers' compensation law; [or]
  vii.  disclosure  of electronic contact information, such as an e-mail
address or a social network username, that has  been  collected  from  a
taxpayer under section one hundred four of the real property tax law; OR
  VIII. DISCLOSURE OF COMMUNICATIONS OF A PERSONAL NATURE BETWEEN LEGIS-
LATORS AND THEIR CONSTITUENTS.
  (c) Unless otherwise provided by this article, disclosure shall not be
construed  to  constitute  an  unwarranted  invasion of personal privacy
pursuant to paragraphs (a) and (b) of this subdivision:
  i. when identifying details are deleted;
  ii. when the person to whom a record pertains consents in  writing  to
disclosure;
  iii. when upon presenting reasonable proof of identity, a person seeks
access to records pertaining to him or her; or
  iv.  when  a record or group of records relates to the right, title or
interest in real property, or relates to the inventory, status or  char-
acteristics  of  real  property,  in which case disclosure and providing
copies of such record or group of records shall not be deemed an  unwar-
ranted  invasion of personal privacy, provided that nothing herein shall
be construed to authorize the disclosure of electronic contact  informa-
tion,  such  as an e-mail address or a social network username, that has
been collected from a taxpayer under section one  hundred  four  of  the
real property tax law.
  2-a. Nothing in this article shall permit disclosure which constitutes
an  unwarranted  invasion  of personal privacy as defined in subdivision
two of this section if such disclosure is prohibited under section nine-
ty-six of this chapter.
  3. (a) Each entity subject to the provisions of this  article,  within
five  business  days  of  the  receipt of a written request for a record
reasonably described, shall make such record  available  to  the  person
requesting  it,  deny  such  request  in  writing  or  furnish a written
acknowledgement of the receipt of such request and a  statement  of  the
approximate  date,  which shall be reasonable under the circumstances of

S. 1505                            142                           A. 2005

the request, when such request will be  granted  or  denied,  including,
where  appropriate, a statement that access to the record will be deter-
mined in accordance with subdivision five of this section. [An]  NEITHER
AN  agency  NOR  THE STATE LEGISLATURE shall [not] deny a request on the
basis that the request is voluminous or that locating or  reviewing  the
requested  records  or  providing  the  requested  copies  is burdensome
because the agency OR RESPECTIVE HOUSE OF THE  STATE  LEGISLATURE  lacks
sufficient  staffing  or  on any other basis if the agency OR RESPECTIVE
HOUSE OF THE  STATE  LEGISLATURE  may  engage  an  outside  professional
service  to  provide  copying, programming or other services required to
provide the copy, the costs of which the agency may recover pursuant  to
paragraph  (c)  of subdivision one of section eighty-seven of this arti-
cle.  An agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE may require
a person requesting lists of names and addresses to  provide  a  written
certification  that  such  person  will  not use such lists of names and
addresses for solicitation or fund-raising purposes and will  not  sell,
give  or  otherwise  make available such lists of names and addresses to
any other person for the purpose of allowing that  person  to  use  such
lists  of names and addresses for solicitation or fund-raising purposes.
If an agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE determines  to
grant  a  request  in  whole  or  in  part, and if circumstances prevent
disclosure to the person requesting the record or records within  twenty
business days from the date of the acknowledgement of the receipt of the
request,  the  agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE shall
state, in writing, both the  reason  for  the  inability  to  grant  the
request  within twenty business days and a date certain within a reason-
able period, depending on the circumstances, when the  request  will  be
granted  in  whole or in part. Upon payment of, or offer to pay, the fee
prescribed therefor, the entity shall provide a copy of such record  and
certify  to the correctness of such copy if so requested, or as the case
may be, shall certify that it does not have possession of such record or
that such record cannot be found after diligent search. Nothing in  this
article  shall  be construed to require any entity to prepare any record
not possessed or maintained by such entity except the records  specified
in  subdivision  three of section eighty-seven [and subdivision three of
section eighty-eight] of this article. When an agency OR THE  RESPECTIVE
HOUSE  OF THE STATE LEGISLATURE has the ability to retrieve or extract a
record or data maintained in a computer storage system  with  reasonable
effort,  it  shall  be  required  to  do so. When doing so requires less
employee time than engaging in manual retrieval or redactions from  non-
electronic  records, the agency AND RESPECTIVE HOUSE OF THE STATE LEGIS-
LATURE shall be required to retrieve or  extract  such  record  or  data
electronically.  Any  programming  necessary  to retrieve a record main-
tained in a computer storage system and to transfer that record  to  the
medium  requested  by  a person or to allow the transferred record to be
read or printed shall not be deemed to be the preparation or creation of
a new record.
  (b) All entities shall, provided  such  entity  has  reasonable  means
available,  accept  requests  for records submitted in the form of elec-
tronic mail and shall respond to such requests by electronic mail, using
forms, to the extent practicable, consistent  with  the  form  or  forms
developed  by  the  committee on open government pursuant to subdivision
one of this section and provided that the written requests do not seek a
response in some other form.

S. 1505                            143                           A. 2005

  (c) Each state agency, as defined in subdivision five of this section,
that maintains a website shall  ensure  its  website  provides  for  the
online submission of a request for records pursuant to this article.
  4.  (a)  Except  as  provided in subdivision five of this section, any
person denied access to a record may within thirty days appeal in  writ-
ing  such  denial  to the head, chief executive or governing body of the
entity, or the person therefor designated by such head, chief executive,
or governing body, who shall within ten business days of the receipt  of
such appeal fully explain in writing to the person requesting the record
the  reasons for further denial, or provide access to the record sought.
In addition, each agency OR THE RESPECTIVE HOUSE OF THE  STATE  LEGISLA-
TURE  shall  immediately  forward  to the committee on open government a
copy of such appeal when received by the agency OR SUCH  HOUSE  and  the
ensuing  determination thereon. Failure by an agency OR RESPECTIVE HOUSE
OF THE STATE LEGISLATURE to conform to  the  provisions  of  subdivision
three of this section shall constitute a denial.
  (b)  Except  as provided in subdivision five of this section, a person
denied  access  to  a  record  in  an  appeal  determination  under  the
provisions  of  paragraph (a) of this subdivision may bring a proceeding
for review of such denial pursuant to article seventy-eight of the civil
practice law and rules. In the event that access to any record is denied
pursuant to the provisions of subdivision two of section eighty-seven of
this article, the agency OR RESPECTIVE HOUSE OF  THE  STATE  LEGISLATURE
involved  shall have the burden of proving that such record falls within
the provisions of such subdivision two. Failure by an agency OR  RESPEC-
TIVE  HOUSE  OF  THE  STATE  LEGISLATURE to conform to the provisions of
paragraph (a) of this subdivision shall constitute a denial.
  (c) The court in such a proceeding: (i) may assess, against such agen-
cy involved, reasonable  attorney's  fees  and  other  litigation  costs
reasonably  incurred  by such person in any case under the provisions of
this section in which such person has substantially prevailed, and  when
the agency failed to respond to a request or appeal within the statutory
time;  and  (ii)  shall assess, against such agency involved, reasonable
attorney's fees and other litigation costs reasonably incurred  by  such
person  in  any  case under the provisions of this section in which such
person has substantially prevailed and the court finds that  the  agency
had no reasonable basis for denying access.
  (d)  (i) Appeal to the appellate division of the supreme court must be
made in accordance with subdivision (a) of  section  fifty-five  hundred
thirteen of the civil practice law and rules.
  (ii)  An appeal from an agency OR RESPECTIVE HOUSE OF THE STATE LEGIS-
LATURE taken from an order of the court requiring disclosure of  any  of
all records sought:
  (A) shall be given preference;
  (B)  shall  be brought on for argument on such terms and conditions as
the presiding justice may direct, upon application of any party  to  the
proceedings; and
  (C) shall be deemed abandoned if the agency OR RESPECTIVE HOUSE OF THE
STATE  LEGISLATURE  fails  to  serve  and file a record and brief within
sixty days after the date of service upon the petitioner of  the  notice
of  appeal, unless consent to further extension is given by all parties,
or unless further extension is granted by the court upon such  terms  as
may be just and upon good cause shown.
  5.  (a)  (1) A person acting pursuant to law or regulation who, subse-
quent to the effective date of this subdivision, submits any information
to any state agency OR TO THE RESPECTIVE HOUSE OF THE STATE  LEGISLATURE

S. 1505                            144                           A. 2005

may,  at  the  time of submission, request that the agency OR SUCH HOUSE
PROVISIONALLY except such information from  disclosure  under  paragraph
(d)  of  subdivision  two of section eighty-seven of this article. Where
the  request itself contains information which if disclosed would defeat
the purpose for which the exception is sought,  such  information  shall
also be PROVISIONALLY excepted from disclosure.
  (1-a)  A person or entity who submits or otherwise makes available any
records to any agency OR A HOUSE OF THE STATE LEGISLATURE, may,  at  any
time,  identify those records or portions thereof that may contain crit-
ical infrastructure information, and request that the agency OR HOUSE OF
THE STATE LEGISLATURE that maintains such records except  such  informa-
tion  from  disclosure  under subdivision two of section eighty-seven of
this article. Where the request itself  contains  information  which  if
disclosed  would  defeat  the purpose for which the exception is sought,
such information shall also be PROVISIONALLY excepted from disclosure.
  (2) The request for an exception shall be in  writing,  SHALL  SPECIF-
ICALLY  IDENTIFY  WHICH  PORTIONS  OF  THE RECORD ARE THE SUBJECT OF THE
REQUEST FOR EXCEPTION and SHALL state the reasons  why  the  information
should  be  PROVISIONALLY excepted from disclosure. ANY SUCH REQUEST FOR
AN EXCEPTION SHALL BE EFFECTIVE FOR A FIVE-YEAR PERIOD FROM THE AGENCY'S
OR  RESPECTIVE  HOUSE  OF  THE  STATE  LEGISLATURE'S  RECEIPT   THEREOF.
PROVIDED, HOWEVER, THAT NOT LESS THAN SIXTY DAYS PRIOR TO THE EXPIRATION
OF  THE  THEN  CURRENT  TERM OF THE EXCEPTION REQUEST, THE SUBMITTER MAY
APPLY TO THE AGENCY OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE  FOR  A
TWO-YEAR  EXTENSION  OF  ITS EXCEPTION REQUEST. UPON TIMELY RECEIPT OF A
REQUEST FOR AN EXTENSION OF AN EXCEPTION REQUEST, AN AGENCY  OR  RESPEC-
TIVE  HOUSE  OF  THE  STATE LEGISLATURE MAY EITHER (A) PERFORM A CURSORY
REVIEW OF THE APPLICATION AND GRANT THE EXTENSION  SHOULD  IT  FIND  ANY
JUSTIFICATION  FOR SUCH DETERMINATION, OR (B) COMMENCE THE PROCEDURE SET
FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION TO MAKE A FINAL DETERMINATION
GRANTING OR TERMINATING SUCH EXCEPTION.
  (3) Information submitted as provided in subparagraphs one  and  one-a
of this paragraph shall be PROVISIONALLY excepted from disclosure and be
maintained  apart  by  the  agency AND THE RESPECTIVE HOUSE OF THE STATE
LEGISLATURE from all other records until THE EXPIRATION OF  THE  SUBMIT-
TER'S  EXCEPTION  REQUEST  OR fifteen days after the entitlement to such
exception has been finally determined or such further time as ordered by
a court of competent jurisdiction.
  (b) [On the] DURING THE EFFECTIVE PERIOD OF AN EXCEPTION REQUEST UNDER
THIS SUBDIVISION, ON THE initiative of the agency OR EITHER HOUSE OF THE
STATE LEGISLATURE at any time, or upon the request of any person  for  a
record excepted from disclosure pursuant to this subdivision, the agency
OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE shall:
  (1)  inform  the person who requested the exception of the agency's OR
SUCH HOUSE'S intention to determine whether  such  exception  should  be
granted or continued;
  (2) permit the person who requested the exception, within ten business
days  of  receipt of notification from the agency OR RESPECTIVE HOUSE OF
THE STATE LEGISLATURE, to submit a written statement  of  the  necessity
for the granting or continuation of such exception;
  (3)  within  seven business days of receipt of such written statement,
or within seven business days of the expiration of the period prescribed
for submission of such statement, issue a written  determination  grant-
ing,  continuing  or  terminating such exception and stating the reasons
therefor; copies of such determination shall be served upon the  person,

S. 1505                            145                           A. 2005

if  any,  requesting the record, the person who requested the exception,
and the committee on [public access to records] OPEN GOVERNMENT.
  (c)  A  denial  of an exception from disclosure under paragraph (b) of
this subdivision may be appealed by the person submitting  the  informa-
tion  and a denial of access to the record may be appealed by the person
requesting the record in accordance with this subdivision:
  (1) Within seven business days of receipt of  written  notice  denying
the request, the person may file a written appeal from the determination
of  the agency OR THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE with the
head of the agency OR RESPECTIVE HOUSE OF  THE  STATE  LEGISLATURE,  the
chief  executive officer or governing body or their designated represen-
tatives.
  (2) The appeal shall be determined within ten  business  days  of  the
receipt  of  the  appeal.  Written  notice of the determination shall be
served upon the person, if any, requesting the record,  the  person  who
requested  the exception and the committee on [public access to records]
OPEN GOVERNMENT. The notice shall contain a statement of the reasons for
the determination.
  (d) A proceeding to review an adverse determination pursuant to  para-
graph  (c)  of  this  subdivision  may  be commenced pursuant to article
seventy-eight of the civil practice law and rules. Such proceeding, when
brought by a person seeking an exception  from  disclosure  pursuant  to
this  subdivision,  must be commenced within fifteen days of the service
of the written notice containing the adverse determination provided  for
in subparagraph two of paragraph (c) of this subdivision. THE PROCEEDING
SHALL  BE  GIVEN PREFERENCE AND SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH
TERMS AND CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT, NOT TO  EXCEED
FORTY-FIVE  DAYS.  APPEAL TO THE APPELLATE DIVISION OF THE SUPREME COURT
MUST BE MADE IN ACCORDANCE WITH LAW, AND MUST BE  FILED  WITHIN  FIFTEEN
DAYS  AFTER SERVICE BY A PARTY UPON THE APPELLANT OF A COPY OF THE JUDG-
MENT OR ORDER APPEALED FROM AND WRITTEN NOTICE OF ITS ENTRY.  AN  APPEAL
TAKEN  FROM  AN  ORDER  OF THE COURT REQUIRING DISCLOSURE SHALL BE GIVEN
PREFERENCE AND SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH TERMS AND CONDI-
TIONS AS THE PRESIDING JUSTICE MAY DIRECT, NOT  TO  EXCEED  SIXTY  DAYS.
THIS  ACTION  SHALL  BE  DEEMED  ABANDONED  WHEN THE PARTY REQUESTING AN
EXCLUSION FROM DISCLOSURE FAILS TO SERVE AND FILE  A  RECORD  AND  BRIEF
WITHIN  THIRTY  DAYS AFTER THE DATE OF THE NOTICE OF APPEAL.  FAILURE BY
THE PARTY REQUESTING AN EXCLUSION FROM DISCLOSURE TO SERVE  AND  FILE  A
RECORD  AND BRIEF WITHIN THE ALLOTTED TIME SHALL RESULT IN THE DISMISSAL
OF THE APPEAL.
  (e) The person requesting an exception  from  disclosure  pursuant  to
this  subdivision  shall  in  all proceedings have the burden of proving
entitlement to the exception.
  (f) Where the agency OR THE RESPECTIVE HOUSE OF THE STATE  LEGISLATURE
denies  access  to  a  record pursuant to paragraph [(d) of] (B) OF THIS
SUBDIVISION IN CONJUNCTION WITH subdivision two of section  eighty-seven
of this article, the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE
shall  have  the  burden  of  proving  that  the record falls within the
provisions of such exception.
  (g) Nothing in this subdivision shall be construed to deny any  person
access,  pursuant  to  the  remaining provisions of this article, to any
record or part excepted from disclosure upon the express written consent
of the person who had requested the exception.
  (h) As used in this subdivision the term "agency"  or  "state  agency"
means  only  a  state  department,  board,  bureau, division, council or

S. 1505                            146                           A. 2005

office and any public corporation the  majority  of  whose  members  are
appointed by the governor.
  (I) AS USED IN THIS SUBDIVISION THE TERM "STATE LEGISLATURE" MEANS THE
LEGISLATURE  AS DEFINED IN SUBDIVISION TWO OF SECTION EIGHTY-SIX OF THIS
ARTICLE.
  6. Nothing in this article shall be construed to limit or abridge  any
otherwise  available right of access at law or in equity of any party to
records.
  7. Nothing in this article shall require the disclosure  of  the  home
address  of  an officer or employee, former officer or employee, or of a
retiree of a public employees' retirement system; nor shall anything  in
this  article  require  the  disclosure of the name or home address of a
beneficiary of a public employees' retirement system or of an  applicant
for  appointment to public employment; provided however, that nothing in
this subdivision shall limit or abridge the right of an employee  organ-
ization,  certified or recognized for any collective negotiating unit of
an employer pursuant to article fourteen of the civil  service  law,  to
obtain  the  name or home address of any officer, employee or retiree of
such employer, if such name or home address is otherwise available under
this article.
  8. Any person who, with intent to prevent the public inspection  of  a
record pursuant to this article, willfully conceals or destroys any such
record shall be guilty of a violation.
  9. When records maintained electronically include items of information
that would be available under this article, as well as items of informa-
tion  that  may  be withheld, an agency OR RESPECTIVE HOUSE OF THE STATE
LEGISLATURE in designing its  information  retrieval  methods,  whenever
practicable  and  reasonable,  shall  do so in a manner that permits the
segregation and retrieval of available items in order to provide maximum
public access.
  § 5. Subdivisions (t) and (u) of section 105 of the civil practice law
and rules, subdivision (u) as relettered by chapter 100 of the  laws  of
1994,  are relettered subdivisions (u) and (v) and a new subdivision (t)
is added to read as follows:
  (T) "STATE LEGISLATURE" MEANS THE NEW  YORK  STATE  SENATE,  NEW  YORK
STATE  ASSEMBLY,  ANY  COMMITTEE,  SUBCOMMITTEE, JOINT COMMITTEE, SELECT
COMMITTEE, OR COMMISSION THEREOF, AND ANY MEMBERS,  OFFICERS,  REPRESEN-
TATIVES AND EMPLOYEES THEREOF.
  §  6.  Subdivision  (a)  of section 7802 of the civil practice law and
rules is amended to read as follows:
  (a) Definition of "body or officer". The expression "body or  officer"
includes  every  court,  tribunal,  board,  corporation,  officer, STATE
LEGISLATURE, or other person, or aggregation of  persons,  whose  action
may be affected by a proceeding under this article.
  §  7. Subdivision 3 of section 713 of the executive law, as amended by
section 16 of part B of chapter 56 of the laws of 2010,  is  amended  to
read as follows:
  3.  Any reports prepared pursuant to this article shall not be subject
to disclosure pursuant to [section  eighty-eight]  ARTICLE  SIX  of  the
public officers law.
  §  8.  Section  70-0113  of  the  environmental  conservation  law  is
REPEALED.
  § 9. Subdivision 4 of section 308 of the county law is REPEALED.
  § 10. This act shall take effect immediately;  provided  however  that
the  amendments  to  paragraphs  (j), (k), (l), (m), (n), (n) and (o) of
subdivision 2 of section 87 of the public officers law made  by  section

S. 1505                            147                           A. 2005

two of this act shall not affect the repeal of such paragraphs and shall
be deemed repealed therewith.

                                 PART CC

  Section  1.  Section 13-b of the workers' compensation law, as amended
by chapter 1068 of the laws of 1960, the section heading, subdivisions 1
and 2 as amended by chapter 473 of the laws of 2000 and subdivision 3 as
amended by section 85 of part A of chapter 58 of the laws  of  2010,  is
amended to read as follows:
  §  13-b.  Authorization of [physicians] PROVIDERS, medical bureaus and
laboratories by the chair. 1. [Upon the recommendation  of  the  medical
society of the county in which the physician's office is located or of a
board  designated by such county society or of a board representing duly
licensed physicians of any other school  of  medical  practice  in  such
county, the chair may authorize physicians licensed to practice medicine
in  the  state of New York to render medical care under this chapter and
to perform independent medical examinations in accordance with  subdivi-
sion  four  of section thirteen-a of this article. If, within sixty days
after the chair requests such recommendations  the  medical  society  of
such  county  or  board  fails to act, or if there is no such society in
such county, the chair shall designate  a  board  of  three  outstanding
physicians, who shall make the requisite recommendations.
  No such authorization shall be made in the absence of a recommendation
of the appropriate society or board or of a review and recommendation by
the  medical  appeals  unit.]  No  person  shall  render medical care or
conduct independent medical examinations under this chapter without such
authorization by the chair[, provided, that:   (a)].  AS  USED  IN  THIS
TITLE,  THE  FOLLOWING  DEFINITIONS  SHALL  HAVE  THE FOLLOWING MEANINGS
UNLESS THEIR CONTEXT REQUIRES OTHERWISE:
  (A) "ACUPUNCTURIST" SHALL MEAN LICENSED AS HAVING COMPLETED  A  FORMAL
COURSE  OF STUDY AND HAVING PASSED AN EXAMINATION IN ACCORDANCE WITH THE
EDUCATION LAW, THE REGULATIONS OF THE COMMISSIONER OF EDUCATION, AND THE
REQUIREMENTS OF THE BOARD OF REGENTS. ACUPUNCTURISTS ARE REQUIRED BY THE
EDUCATION LAW TO ADVISE, IN WRITING, EACH PATIENT OF THE  IMPORTANCE  OF
CONSULTING  WITH A PHYSICIAN FOR THE CONDITION OR CONDITIONS NECESSITAT-
ING ACUPUNCTURE CARE, AS PRESCRIBED BY THE EDUCATION LAW.
  (B) "CHAIR" OF THE BOARD SHALL MEAN EITHER THE CHAIR  OR  THE  CHAIR'S
DESIGNEE.
  (C)  "CHIROPRACTOR" SHALL MEAN LICENSED AND HAVING COMPLETED TWO YEARS
OF PREPROFESSIONAL COLLEGE STUDY AND A  FOUR-YEAR  RESIDENT  PROGRAM  IN
CHIROPRACTIC  IN  ACCORDANCE WITH THE EDUCATION LAW, AND CONSISTENT WITH
THE LICENSING REQUIREMENTS OF THE COMMISSIONER OF EDUCATION.
  (D) "DENTIST" SHALL MEAN LICENSED AND  HAVING  COMPLETED  A  FOUR-YEAR
COURSE  OF  STUDY LEADING TO A D.D.S. OR D.D.M. DEGREE, OR AN EQUIVALENT
DEGREE, IN ACCORDANCE WITH THE EDUCATION LAW AND THE LICENSING  REQUIRE-
MENTS OF THE COMMISSIONER OF EDUCATION.
  (E)  "EMPLOYER" SHALL MEAN A SELF-INSURED EMPLOYER OR, IF INSURED, THE
INSURANCE CARRIER.
  (F)  "INDEPENDENT  MEDICAL  EXAMINATION"  SHALL  MEAN  AN  EXAMINATION
PERFORMED  BY  A  MEDICAL  PROVIDER,  AUTHORIZED  UNDER  THIS SECTION TO
PERFORM SUCH EXAMINATION, FOR THE PURPOSE  OF  EXAMINING  OR  EVALUATING
INJURY  OR  ILLNESS  PURSUANT  TO  PARAGRAPH  (B) OF SUBDIVISION FOUR OF
SECTION THIRTEEN-A AND SECTION ONE HUNDRED THIRTY-SEVEN OF THIS  CHAPTER
AND AS MORE FULLY SET FORTH IN REGULATION.

S. 1505                            148                           A. 2005

  (G) "NURSE PRACTITIONER" SHALL MEAN A LICENSED REGISTERED PROFESSIONAL
NURSE CERTIFIED PURSUANT TO SECTION SIXTY-NINE HUNDRED TEN OF THE EDUCA-
TION LAW.
  (H)  "OCCUPATIONAL  THERAPIST"  SHALL  MEAN LICENSED AS HAVING A BACH-
ELOR'S OR MASTER'S DEGREE IN  OCCUPATIONAL  THERAPY  FROM  A  REGISTERED
PROGRAM  WITH THE EDUCATION DEPARTMENT OR RECEIPT OF A DIPLOMA OR DEGREE
RESULTING FROM COMPLETION OF NOT LESS THAN FOUR YEARS  OF  POSTSECONDARY
STUDY,  WHICH INCLUDES THE PROFESSIONAL STUDY OF OCCUPATIONAL THERAPY IN
ACCORDANCE WITH THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSION-
ER OF EDUCATION.
  (I) "PHYSICAL THERAPIST" SHALL MEAN LICENSED  AS  HAVING  COMPLETED  A
MASTER'S  DEGREE  OR  HIGHER  IN PHYSICAL THERAPY IN ACCORDANCE WITH THE
EDUCATION LAW AND THE LICENSING  REQUIREMENTS  OF  THE  COMMISSIONER  OF
EDUCATION.
  (J)  "PHYSICIAN"  SHALL MEAN LICENSED WITH A DEGREE OF DOCTOR OF MEDI-
CINE, M.D., OR DOCTOR OF OSTEOPATHIC MEDICINE, D.O.,  OR  AN  EQUIVALENT
DEGREE  IN  ACCORDANCE WITH THE EDUCATION LAW AND THE LICENSING REQUIRE-
MENTS OF THE STATE BOARD OF MEDICINE AND THE REGULATIONS OF THE  COMMIS-
SIONER OF EDUCATION.
  (K) "PHYSICIAN ASSISTANT" SHALL MEAN A LICENSED PROVIDER WHO HAS GRAD-
UATED  FROM  A  TWO-  TO  FOUR-YEAR  STATE-APPROVED  PHYSICIAN ASSISTANT
PROGRAM, HAS PASSED A  LICENSING  EXAMINATION,  AND  WHOSE  ACTIONS  AND
DUTIES ARE WITHIN THE SCOPE OF PRACTICE OF THE SUPERVISING PHYSICIAN, IN
ACCORDANCE WITH THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSION-
ER OF EDUCATION.
  (L) "PODIATRIST" SHALL MEAN A DOCTOR OF PODIATRIC MEDICINE LICENSED AS
HAVING  RECEIVED  A  DOCTORAL DEGREE IN PODIATRIC MEDICINE IN ACCORDANCE
WITH THE REGULATIONS OF THE COMMISSIONER OF EDUCATION AND THE  EDUCATION
LAW,  AND  MUST  SATISFACTORILY MEET ALL OTHER REQUIREMENTS OF THE STATE
BOARD FOR PODIATRIC MEDICINE.
  (M) "PROVIDER" SHALL MEAN A DULY LICENSED ACUPUNCTURIST, CHIROPRACTOR,
INDEPENDENT MEDICAL EXAMINER, NURSE  PRACTITIONER,  PHYSICAL  THERAPIST,
PHYSICIAN,  PHYSICIAN  ASSISTANT,  PODIATRIST,  PSYCHOLOGIST,  OR SOCIAL
WORKER AUTHORIZED BY THE CHAIR.
  (N) "PSYCHOLOGIST" SHALL MEAN LICENSED AS HAVING RECEIVED  A  DOCTORAL
DEGREE  IN  PSYCHOLOGY  FROM A PROGRAM OF PSYCHOLOGY REGISTERED WITH THE
STATE EDUCATION DEPARTMENT OR  THE  SUBSTANTIAL  EQUIVALENT  THEREOF  IN
ACCORDANCE  WITH  THE EDUCATION LAW, THE REQUIREMENTS OF THE STATE BOARD
FOR PSYCHOLOGY, AND THE REGULATIONS OF THE COMMISSIONER OF EDUCATION.
  (O) "SOCIAL WORKER" SHALL MEAN A LICENSED CLINICAL  SOCIAL  WORKER.  A
LICENSED  CLINICAL  SOCIAL  WORKER  HAS  COMPLETED  A MASTER'S DEGREE OF
SOCIAL WORK THAT INCLUDES COMPLETION OF A CORE CURRICULUM  OF  AT  LEAST
TWELVE  CREDIT HOURS OF CLINICAL COURSES OR THE EQUIVALENT POST-GRADUATE
CLINICAL COURSEWORK, IN ACCORDANCE WITH THE EDUCATION LAW AND THE  REGU-
LATIONS OF THE COMMISSIONER OF EDUCATION.
  2.  Any  [physician] PROVIDER licensed [to practice medicine] PURSUANT
TO THE EDUCATION LAW TO PROVIDE MEDICAL CARE AND TREATMENT in the  state
of  New  York  may  render  emergency [medical] care AND TREATMENT IN AN
EMERGENCY HOSPITAL OR URGENT CARE SETTING PROVIDING EMERGENCY  TREATMENT
under  this  chapter  without  authorization  by  the  chair  under this
section; [and
  (b)] (A) SUCH licensed [physician]  PROVIDER  AS  IDENTIFIED  IN  THIS
SUBDIVISION  who  is  [a  member  of  a constituted medical staff of any
hospital] ON STAFF AT ANY HOSPITAL OR URGENT CARE CENTER PROVIDING EMER-
GENCY TREATMENT may [render] CONTINUE SUCH medical care under this chap-

S. 1505                            149                           A. 2005

ter while an injured employee remains a  patient  in  such  hospital  OR
URGENT CARE SETTING; and
  [(c)]  (B)  Under  the  [active and personal] DIRECT supervision of an
authorized [physician] PROVIDER, medical  care  may  be  rendered  by  a
registered  nurse  or  other  person trained in laboratory or diagnostic
techniques within the scope of such person's  specialized  training  and
qualifications. This supervision shall be evidenced by signed records of
instructions for treatment and signed records of the patient's condition
and progress. Reports of such treatment and supervision shall be made by
such [physician] PROVIDER to the chair [on such forms and] IN THE FORMAT
PRESCRIBED BY THE CHAIR at such times as the chair may require.
  [(d)  Upon  the  referral which may be directive as to treatment of an
authorized physician physical therapy care may be  rendered  by  a  duly
licensed  physical  therapist.  Where  physical therapy care is rendered
records of the patient's condition and progress, together  with  records
of  instruction  for treatment, if any, shall be maintained by the phys-
ical therapist and physician. Said records shall  be  submitted  to  the
chair on such forms and at such times as the chair may require.
  (e) Upon the prescription or referral of an authorized physician occu-
pational  therapy  care  may be rendered by a duly licensed occupational
therapist. Where occupational therapy care is rendered  records  of  the
patient's  condition  and progress, together with records of instruction
for treatment, if any shall be maintained by the occupational  therapist
and physician. Said records shall be submitted to the chair on forms and
at such times as the chair may require.
  (f)] (C) Where it would place an unreasonable burden upon the employer
or carrier to arrange for, or for the claimant to attend, an independent
medical  examination by an authorized [physician] PROVIDER, the employer
or carrier shall arrange for such examination to be performed by a qual-
ified [physician] PROVIDER in  a  medical  facility  convenient  to  the
claimant.
  [2.] (D) UPON THE PRESCRIPTION OR REFERRAL OF AN AUTHORIZED PHYSICIAN,
OR  NURSE  PRACTITIONER  ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE,
CARE OR TREATMENT MAY BE RENDERED TO AN INJURED EMPLOYEE BY  AN  AUTHOR-
IZED   PHYSICAL   THERAPIST,  OCCUPATIONAL  THERAPIST  OR  ACUPUNCTURIST
PROVIDED THE CONDITIONS AND THE TREATMENT PERFORMED ARE AMONG THE CONDI-
TIONS THAT THE PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST OR  ACUPUNCTU-
RIST  IS  AUTHORIZED TO TREAT PURSUANT TO THE EDUCATION LAW OR THE REGU-
LATIONS OF THE COMMISSIONER OF  EDUCATION.    WHERE  ANY  SUCH  CARE  OR
TREATMENT  IS RENDERED, RECORDS OF THE PATIENT'S CONDITION AND PROGRESS,
TOGETHER WITH RECORDS OF INSTRUCTION FOR TREATMENT,  IF  ANY,  SHALL  BE
MAINTAINED BY THE PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST OR ACUPUNC-
TURIST RENDERING TREATMENT AND BY THE REFERRING PHYSICIAN OR NURSE PRAC-
TITIONER.  SAID  RECORDS SHALL BE SUBMITTED TO THE CHAIR ON FORMS AND AT
SUCH TIMES AS THE CHAIR MAY REQUIRE.
  (E) A RECORD, REPORT OR OPINION OF A PHYSICAL THERAPIST,  OCCUPATIONAL
THERAPIST,  ACUPUNCTURIST OR PHYSICIAN ASSISTANT SHALL NOT BE CONSIDERED
AS EVIDENCE OF THE CAUSAL  RELATIONSHIP  OF  ANY  CONDITION  TO  A  WORK
RELATED  ACCIDENT  OR OCCUPATIONAL DISEASE UNDER THIS CHAPTER. NOR MAY A
RECORD, REPORT OR OPINION OF A PHYSICAL THERAPIST,  OCCUPATIONAL  THERA-
PIST  OR  ACUPUNCTURIST  BE CONSIDERED EVIDENCE OF DISABILITY. NOR MAY A
RECORD, REPORT  OR  OPINION  OF  A  PHYSICIAN  ASSISTANT  BE  CONSIDERED
EVIDENCE  OF  THE  PRESENCE  OF A PERMANENT OR INITIAL DISABILITY OR THE
DEGREE THEREOF.  NOR MAY A PHYSICAL THERAPIST,  OCCUPATIONAL  THERAPIST,
ACUPUNCTURIST  OR  PHYSICIAN  ASSISTANT  PERFORM  AN INDEPENDENT MEDICAL
EXAMINATION CONCERNING A CLAIM UNDER THIS CHAPTER.

S. 1505                            150                           A. 2005

  (F) A NURSE PRACTITIONER, OR  LICENSED  CLINICAL  SOCIAL  WORKER,  MAY
PERFORM AN INDEPENDENT MEDICAL EXAMINATION ON BEHALF OF AN EMPLOYER ONLY
TO  THE  EXTENT  THAT  THE EXAMINATION CONCERNS TREATMENT RENDERED BY AN
IDENTICAL PROVIDER TYPE, BUT MAY  NOT  PERFORM  AN  INDEPENDENT  MEDICAL
EXAMINATION  ON  BEHALF  OF  THE  EMPLOYER  CONCERNING  (1)  THE  CAUSAL
RELATIONSHIP OF ANY CONDITION TO A WORK RELATED ACCIDENT OR OCCUPATIONAL
DISEASE UNDER THIS CHAPTER OR (2) THE PRESENCE OF A  DISABILITY  OR  THE
DEGREE THEREOF.
  3. A [physician licensed to practice medicine in the state of New York
who  is]  PROVIDER  PROPERLY LICENSED OR CERTIFIED PURSUANT TO THE REGU-
LATIONS OF THE COMMISSIONER OF EDUCATION AND  THE  REQUIREMENTS  OF  THE
EDUCATION  LAW desirous of being authorized to render medical care under
this chapter and/or  to  conduct  independent  medical  examinations  in
accordance  with paragraph (b) of subdivision four of section thirteen-a
and section one hundred thirty-seven  of  this  chapter  shall  file  an
application for authorization under this chapter with the [medical soci-
ety in the county in which his or her office is located, or with a board
designated  by  such society, or with a board designated by the chair as
provided in this section. In such application the applicant shall  state
his  or her training and qualifications, and shall agree to limit his or
her professional activities under this chapter to such medical care  and
independent  medical examinations, as his or her experience and training
qualify him or her to render.  The  applicant  shall  further  agree  to
refrain]  CHAIR OR CHAIR'S DESIGNEE. PRIOR TO RECEIVING AUTHORIZATION, A
PHYSICIAN MUST, TOGETHER WITH SUBMISSION OF AN APPLICATION TO THE CHAIR,
SUBMIT SUCH APPLICATION TO THE MEDICAL SOCIETY OF THE  COUNTY  IN  WHICH
THE PHYSICIAN'S OFFICE IS LOCATED OR OF A BOARD DESIGNATED BY SUCH COUN-
TY  SOCIETY  OR  OF A BOARD REPRESENTING DULY LICENSED PHYSICIANS OF ANY
OTHER SCHOOL OF MEDICAL PRACTICE IN SUCH COUNTY, AND SUBMIT  THE  RECOM-
MENDATION  TO THE BOARD. IN THE EVENT SUCH COUNTY SOCIETY OR BOARD FAILS
TO TAKE ACTION UPON A PHYSICIAN'S APPLICATION  WITHIN  FORTY-FIVE  DAYS,
THE  CHAIR MAY COMPLETE REVIEW OF THE APPLICATION WITHOUT SUCH APPROVAL.
UPON APPROVAL OF THE APPLICATION BY THE CHAIR OR THE  CHAIR'S  DESIGNEE,
THE APPLICANT SHALL FURTHER AGREE TO REFRAIN  from subsequently treating
for  remuneration,  as  a  private  patient,  any person seeking medical
treatment, or submitting  to  an  independent  medical  examination,  in
connection  with,  or  as a result of, any injury compensable under this
chapter, if he or she has been removed from  the  list  of  [physicians]
PROVIDERS  authorized  to  render medical care or to conduct independent
medical examinations under this chapter, or if the person  seeking  such
treatment, or submitting to an independent medical examination, has been
transferred  from  his  or her care in accordance with the provisions of
this chapter. This agreement shall run to the  benefit  of  the  injured
person so treated or examined, and shall be available to him or her as a
defense  in  any  action  by  such  [physician] PROVIDER for payment for
treatment rendered by a [physician] PROVIDER after he or  she  has  been
removed  from  the  list  of [physicians] PROVIDERS authorized to render
medical care or to conduct independent medical examinations  under  this
chapter,  or  after  the  injured person was transferred from his or her
care in accordance with the provisions of  this  chapter.  [The  medical
society  or  the  board  designated  by  it,  or  the board as otherwise
provided under this section, if it deems such  licensed  physician  duly
qualified,  shall  recommend to the chair that such physician be author-
ized to render medical care and/or conduct independent medical  examina-
tions  under  this  chapter,  and  such recommendation and authorization
shall specify the character of the medical care or  independent  medical

S. 1505                            151                           A. 2005

examination  which  such physician is qualified and authorized to render
under this chapter. Such recommendations shall be advisory to the  chair
only  and  shall  not  be  binding  or  conclusive  upon him or her. The
licensed  physician  may  present  to  the  medical  society  or  board,
evidences of additional qualifications at any time subsequent to his  or
her  original  application.  If  the  medical  society or board fails to
recommend to the chair that a physician be authorized to render  medical
care and/or to conduct independent medical examinations under this chap-
ter,  the  physician may appeal to the medical appeals unit. The medical
society or the board  designated  by  it,  or  the  board  as  otherwise
provided  under this section, may upon its own initiative, or shall upon
request of the chair, review at  any  time  the  qualifications  of  any
physician as to the character of the medical care or independent medical
examinations  which  such  physician  has theretofore been authorized to
render under this chapter and may  recommend  to  the  chair  that  such
physician be authorized to render medical care or to conduct independent
medical examinations thereafter of the character which such physician is
then  qualified to render. On such advisory recommendation the chair may
review and after reasonable investigation may revise  the  authorization
of  a  physician  in  respect to the character of medical care and/or to
conduct independent medical examinations which he or she  is  authorized
to  render. If the medical society or board recommends to the chair that
a physician be authorized to render medical care and/or to conduct inde-
pendent medical examinations under this chapter of a character different
from the character of medical care or independent  medical  examinations
he  or she has been theretofore authorized to render, such physician may
appeal from such recommendation to the medical appeals unit.
  3.] 4. Laboratories and bureaus engaged in x-ray diagnosis  or  treat-
ment  or  in  physiotherapy  or  other  therapeutic procedures and which
participate in the diagnosis or treatment of injured  [workmen]  WORKERS
under  this chapter shall be operated or supervised by [qualified physi-
cians duly] PROVIDERS authorized under this chapter and shall be subject
to the provisions of section thirteen-c of this article. The  person  in
charge  of  diagnostic  clinical laboratories duly authorized under this
chapter shall possess  the  qualifications  established  by  the  public
health and health planning council for approval by the state commission-
er of health or, in the city of New York, the qualifications approved by
the  board  of  health  of said city and shall maintain the standards of
work required for such approval.
  § 2. Section 13-d of the workers'  compensation  law,  as  amended  by
chapter  459 of the laws of 1944, the section heading, subdivision 1 and
subdivision 2 as amended by chapter 473 of the laws of 2000,  paragraphs
(a)  and  (b)  of subdivision 2 as amended and subdivision 5 as added by
chapter 6 of the laws of 2007, subdivision 4 as amended by chapter  1068
of the laws of 1960, is amended to read as follows:
  §  13-d. Removal of [physicians] PROVIDERS from lists of those author-
ized to render medical care or to conduct independent  medical  examina-
tions.  1.  The  medical  society of the county in which the physician's
office is located at the time or a board designated by such county soci-
ety or a board representing duly licensed physicians of any other school
of medical practice in such county  shall  investigate,  hear  and  make
findings with respect to all charges as to professional or other miscon-
duct  of  any  authorized  physician  as herein provided under rules and
procedure to be prescribed by the medical appeals unit, and shall report
evidence of such misconduct, with their findings and recommendation with
respect thereto, to the chair. Failure to  commence  such  investigation

S. 1505                            152                           A. 2005

within  sixty days from the date the charges are referred to the society
by the chair or submit findings  and  recommendations  relating  to  the
charges  within  one  hundred  eighty days from the date the charges are
referred  shall  empower  the  chair to appoint, as a hearing officer, a
member of the board, employee, or other  qualified  hearing  officer  to
hear  and  report on the charges to the chair. A qualified hearing offi-
cer, who is neither a member of the board, or employee thereof shall  be
paid at a reasonable per diem rate to be fixed by the chair.
  Such  investigation,  hearing, findings, recommendation and report may
be made by the society or board of an adjoining county upon the  request
of  the medical society of the county in which the alleged misconduct or
infraction of this chapter occurred,  subject  to  the  time  limit  and
conditions  set  forth herein. The medical appeals unit shall review the
findings and recommendation of such medical society or board, or hearing
officer appointed by the chair upon application of the accused physician
and may reopen the matter and receive further  evidence.  The  findings,
decision  and  recommendation  of such society, board or hearing officer
appointed by the chair or medical appeals unit shall be advisory to  the
chair only, and shall not be binding or conclusive upon him or her.
  2.  The  chair  shall  remove  from the list of [physicians] PROVIDERS
authorized to render medical care under  this  chapter,  or  to  conduct
independent  medical  examinations  in  accordance with paragraph (b) of
subdivision four of section thirteen-a of this article, the name of  any
[physician]  PROVIDER who he or she shall find after reasonable investi-
gation is disqualified because such [physician] PROVIDER:
  (a) has been guilty of professional or other misconduct or incompeten-
cy in connection with rendering medical services under the law; or
  (b) has exceeded the limits of his or her professional  competence  in
rendering medical care or in conducting independent medical examinations
under  the law, or has made materially false statements regarding his or
her qualifications in his or her application for the  recommendation  of
the  medical  society or board as provided in section thirteen-b of this
article; or
  (c) has failed to transmit copies of  medical  reports  to  claimant's
attorney  or  licensed  representative as provided in subdivision (f) of
section thirteen of this article; or  has  failed  to  submit  full  and
truthful medical reports of all his or her findings to the employer, and
directly  to  the  chair or the board within the time limits provided in
subdivision four of section thirteen-a of this article with  the  excep-
tion  of  injuries which do not require (1) more than ordinary first aid
or more than two treatments by a [physician] PROVIDER or person  render-
ing first aid, or (2) loss of time from regular duties of one day beyond
the working day or shift; or
  (d) knowingly made a false statement or representation as to a materi-
al fact in any medical report made pursuant to this chapter or in testi-
fying  or otherwise providing information for the purposes of this chap-
ter; or
  (e) has solicited, or has employed another to solicit for  himself  or
herself  or  for another, professional treatment, examination or care of
an injured employee in connection with any claim under this chapter; or
  (f) has refused to appear before, to testify, to submit to  a  deposi-
tion,  or  to  answer upon request of, the chair, board, medical appeals
unit or any duly authorized officer of the state, any legal question, or
to produce any relevant book or paper  concerning  his  or  her  conduct
under any authorization granted to him or her under this chapter; or

S. 1505                            153                           A. 2005

  (g)  has directly or indirectly requested, received or participated in
the division, transference, assignment, rebating, splitting or refunding
of a fee for, or has directly or indirectly requested, received or prof-
ited by means of a credit or other valuable consideration as  a  commis-
sion,  discount or gratuity in connection with the furnishing of medical
or surgical care,  an  independent  medical  examination,  diagnosis  or
treatment  or service, including X-ray examination and treatment, or for
or in connection with the sale, rental, supplying or furnishing of clin-
ical laboratory services  or  supplies,  X-ray  laboratory  services  or
supplies,  inhalation  therapy  service or equipment, ambulance service,
hospital or medical supplies, physiotherapy or other therapeutic service
or equipment, artificial limbs, teeth or eyes,  orthopedic  or  surgical
appliances  or  supplies,  optical  appliances,  supplies  or equipment,
devices for aid of hearing, drugs, medication or  medical  supplies,  or
any  other goods, services or supplies prescribed for medical diagnosis,
care or treatment, under this chapter; except that  reasonable  payment,
not  exceeding  the technical component fee permitted in the medical fee
schedule, established under this chapter for X-ray examinations, diagno-
sis or treatment, may be made by a [physician] PROVIDER duly  authorized
as a roentgenologist to any hospital furnishing facilities and equipment
for  such  examination,  diagnosis  or treatment, provided such hospital
does not also submit a charge for the same services.  Nothing  contained
in  this  paragraph shall prohibit such [physicians] PROVIDERS who prac-
tice as partners, in groups or as a professional  corporation  or  as  a
university  faculty  practice  corporation  from pooling fees and moneys
received, either by the partnership, professional corporation, universi-
ty faculty practice corporation or group by the individual members ther-
eof, for professional services furnished by any individual  professional
member, or employee of such partnership, corporation or group, nor shall
the professionals constituting the partnerships, corporations, or groups
be prohibited from sharing, dividing or apportioning the fees and moneys
received  by them or by the partnership, corporation or group in accord-
ance with a partnership or other agreement.
  3. Any person who violates or attempts to violate, and any person  who
aids  another to violate or attempts to induce him OR HER to violate the
provisions of paragraph (g) of subdivision two of this section shall  be
guilty of a misdemeanor.
  4.  Nothing  in  this  section  shall  be construed as limiting in any
respect the power  or  duty  of  the  [chairman]  CHAIR  to  investigate
instances  of  misconduct,  either  before  or  after investigation by a
medical society or board as herein provided, or to  temporarily  suspend
the authorization of any [physician] PROVIDER that he OR SHE may believe
to be guilty of such misconduct.
  5.  Whenever  the  department of health OR THE DEPARTMENT OF EDUCATION
shall conduct an investigation with respect to charges  of  professional
or other misconduct by a [physician] PROVIDER which results in a report,
determination  or  consent order that includes a finding of professional
or other misconduct or incompetency by such  [physician]  PROVIDER,  the
chair shall have full power and authority to temporarily suspend, revoke
or  otherwise  limit the authorization under this chapter of any [physi-
cian] PROVIDER upon such finding by the  department  of  health  OR  THE
DEPARTMENT OF EDUCATION that the [physician] PROVIDER has been guilty of
professional  or other misconduct. The recommendations of the department
of health OR THE DEPARTMENT OF EDUCATION shall be advisory to the  chair
only and shall not be binding or conclusive upon the chair.

S. 1505                            154                           A. 2005

  §  3. Section 13-g of the workers' compensation law, as added by chap-
ter 258 of the laws of 1935, subdivision 1 as amended by chapter 674  of
the  laws  of 1994, subdivisions 2 and 3 as amended by section 4 of part
GG of chapter 57 of the laws  of  2013,  subdivision  4  as  amended  by
section  3 of part D of chapter 55 of the laws of 2015, subdivision 5 as
amended by chapter 578 of the laws of 1959 and subdivision 6 as  amended
by chapter 639 of the laws of 1996, is amended to read as follows:
  § 13-g. Payment of bills for medical care.  (1) Within forty-five days
after  a bill FOR MEDICAL CARE OR SUPPLIES DELIVERED PURSUANT TO SECTION
THIRTEEN OF THIS ARTICLE has been  rendered  to  the  employer  [by  the
hospital,  physician or self-employed physical or occupational therapist
who has rendered treatment pursuant  to  a  referral  from  the  injured
employee's  authorized  physician or authorized podiatrist for treatment
to the injured employee], such employer must pay the bill or notify  the
[hospital, physician or self-employed physical or occupational therapist
in  writing]  MEDICAL CARE PROVIDER OR SUPPLIER IN THE FORMAT PRESCRIBED
BY THE CHAIR that the bill is not being paid and explain the reasons for
non-payment. In the event that the employer fails  to  make  payment  or
notify  the  [hospital,  physician  or self-employed physical or occupa-
tional therapist] MEDICAL CARE PROVIDER OR SUPPLIER within  such  forty-
five  day  period  that payment is not being made, the [hospital, physi-
cian, self-employed physical  therapist  or  self-employed  occupational
therapist] MEDICAL CARE PROVIDER OR SUPPLIER may notify THE BOARD IN THE
FORMAT  PRESCRIBED  BY the chair [in writing] that the bill has not been
paid and request that the board make an award for payment of such  bill.
The  board  or  the  chair may make an award not in excess of the estab-
lished fee schedules for any such bill or  part  thereof  which  remains
unpaid  after  said forty-five day period or thirty days after all other
questions duly and timely raised in accordance with  the  provisions  of
this  chapter,  relating  to the employer's liability for the payment of
such amount, shall have been finally determined adversely to the employ-
er, whichever is later, in accordance  with  rules  promulgated  by  the
chair,  and  such  award  may be collected in like manner as an award of
compensation. The chair shall assess the sum of  fifty  dollars  against
the  employer  for each such award made by the board, which sum shall be
paid into the state treasury.
  In the event that the employer has provided an explanation in  writing
why the bill has not been paid, in part or in full, within the aforesaid
time  period,  and  the parties can not agree as to the value of medical
aid rendered under this chapter, such value shall be  decided  by  arbi-
tration  [if requested by the hospital, physician or self-employed phys-
ical or occupational therapist, in accordance  with  the  provisions  of
subdivision  two  or  subdivision three of this section, as appropriate,
and] AS SET FORTH IN rules and regulations promulgated by the chair.
  Where a [physician,  physical  or  occupational  therapist]  bill  FOR
MEDICAL  CARE  OR  SUPPLIES  has  been determined to be due and owing in
accordance with the provisions of this section the board  shall  include
in  the  amount  of the award interest of not more than one and one-half
[per cent] PERCENT (1 1/2%) per month payable to the  [physician,  phys-
ical  or  occupational  therapist] MEDICAL CARE PROVIDER OR SUPPLIER, in
accordance with the rules and  regulations  promulgated  by  the  board.
Interest shall be calculated from the forty-fifth day after the bill was
rendered  or  from  the thirtieth day after all other questions duly and
timely raised in accordance with the provisions of this chapter,  relat-
ing  to  the  employer's liability for the payment of such amount, shall

S. 1505                            155                           A. 2005

have been finally determined adversely to  the  employer,  whichever  is
later, in accordance with rules promulgated by the chair.
  (2)  (a)  If  the  parties  fail  to agree to the value of medical aid
rendered under this chapter and the amount of the disputed bill  is  one
thousand  dollars or less, or if the amount of the disputed medical bill
exceeds one thousand dollars and the [health] MEDICAL care  provider  OR
SUPPLIER  expressly so requests, such value shall be decided by a single
arbitrator process, pursuant to rules promulgated  by  the  chair.  [The
chair  shall appoint a physician who is a member in good standing of the
medical society of the state of New York to determine the value of  such
disputed  medical  bill.    Where  the physician whose charges are being
arbitrated is a member in good standing  of  the  New  York  osteopathic
society, the value of such disputed bill shall be determined by a member
in  good  standing  of the New York osteopathic society appointed by the
chair. Where the physician whose  charges  are  being  arbitrated  is  a
member  in  good standing of the New York homeopathic society, the value
of such disputed bill shall be determined by a member in  good  standing
of  the  New  York homeopathic society appointed by the chair. Where the
value of physical therapy services or occupational therapy  services  is
at issue, such value shall be determined by a member in good standing of
a   recognized  professional  association  representing  its  respective
profession in the state of New York appointed by the  chair.]  Decisions
rendered  under  the  single arbitrator process shall be conclusive upon
the parties as to the value of the services in dispute.
  (b) If the parties fail to agree  as  to  the  value  of  medical  aid
rendered  under this chapter and the amount of the disputed bill exceeds
one thousand dollars, such value shall  be  decided  by  an  arbitration
committee unless the [health] MEDICAL care provider OR SUPPLIER express-
ly requests a single arbitrator process in accordance with paragraph (a)
of  this  subdivision.   The arbitration committee shall [consist of one
physician designated by the president of  the  medical  society  of  the
county in which the medical services were rendered, one physician who is
a  member  of the medical society of the state of New York, appointed by
the employer or carrier, and one physician, also a member of the medical
society of the state of New York, appointed by the chair of the workers'
compensation board. If the physician whose charges are being  arbitrated
is  a member in good standing of the New York osteopathic society or the
New York homeopathic society, the members of such arbitration  committee
shall  be  physicians  of  such organization, one to be appointed by the
president of that organization, one by the employer or carrier  and  the
third  by  the chair of the workers' compensation board. Where the value
of physical therapy services is at issue and the amount of the  disputed
bill  exceeds  one  thousand  dollars,  the  arbitration committee shall
consist of a member in good standing of a recognized professional  asso-
ciation  representing  physical  therapists  in  the  state  of New York
appointed by the president of such organization, a physician  designated
by  the  employer  or carrier and a physician designated by the chair of
the workers' compensation board provided however, that the  chair  finds
that there are a sufficient number of physical therapy arbitrations in a
geographical area comprised of one or more counties to warrant a commit-
tee so comprised. In all other cases where the value of physical therapy
services  is  at  issue  and the amount of the disputed bill exceeds one
thousand dollars, the arbitration committee shall be similarly  selected
and  identical  in  composition,  provided  that  the physical therapist
member shall serve without remuneration, and provided  further  that  in
the  event a physical therapist is not available, the committee shall be

S. 1505                            156                           A. 2005

comprised of three physicians designated in the same manner as in  cases
where the value of medical aid is at issue.
  (c)  Where  the value of occupational therapy services is at issue the
arbitration committee shall consist of a member in good  standing  of  a
recognized professional association representing occupational therapists
in  the  state  of New York appointed by the president of such organiza-
tion; a physician designated by the employer or carrier and a  physician
designated  by  the  chair  of the workers' compensation board provided,
however, that the chair finds that there  are  a  sufficient  number  of
occupational  therapy  arbitrations  in a geographical area comprised of
one or more counties to warrant a committee so comprised.  In all  other
cases  where  the value of occupational therapy services is at issue and
the amount of the disputed bill exceeds one thousand dollars, the  arbi-
tration  committee shall be similarly selected and identical in composi-
tion, provided that the occupational therapist member shall serve  with-
out remuneration, and provided further that in the event an occupational
therapist  is  not  available, the committee shall be comprised of three
physicians designated in the same manner as in cases where the value  of
medical  aid is at issue.] HAVE THREE MEMBERS DESIGNATED BY THE CHAIR IN
CONSULTATION WITH THE MEDICAL DIRECTOR'S OFFICE OF THE WORKERS'  COMPEN-
SATION  BOARD.  The  majority decision of any such arbitration committee
shall be conclusive upon the parties as to the value of the services  in
dispute.
  (3)  [(a)  If an employer shall have notified the hospital in writing,
as provided in subdivision one of this section, why  the  bill  has  not
been  paid,  in  part or in full, and the amount of the disputed bill is
one thousand dollars or less,  or  where  the  amount  of  the  disputed
medical  bill exceeds one thousand dollars and the hospital expressly so
requests, such value shall be decided by a  single  arbitrator  process,
pursuant  to  rules  promulgated by the chair. The chair shall appoint a
physician in good standing licensed to practice in  New  York  state  to
determine  the value of such disputed bill. Decisions rendered under the
administrative resolution procedure shall be conclusive upon the parties
as to the value of the services in dispute.
  (b) If an employer shall have notified the  hospital  in  writing,  as
provided  in  subdivision one of this section, why the bill has not been
paid, in part or in full, and the amount of the  disputed  bill  exceeds
one  thousand  dollars, the value of such bill shall be determined by an
arbitration committee appointed by the chair  for  that  purpose,  which
committee  shall consider all of the charges of the hospital, unless the
hospital expressly requests a  single  arbitrator  process  pursuant  to
paragraph  (a) of this subdivision. The committee shall consist of three
physicians. One member of the committee may be nominated  by  the  chair
upon  recommendation of the president of the hospital association of New
York state and one member may be nominated by the employer or  insurance
carrier. The majority decision of any such committee shall be conclusive
upon the parties as to the value of the services rendered. The chair may
make  reasonable rules and regulations consistent with the provisions of
this section.
  (4)] A provider OR SUPPLIER initiating  an  arbitration,  including  a
single  arbitrator process, pursuant to this section shall not pay a fee
to cover the costs related to the conduct  of  such  arbitration.  [Each
member of an arbitration committee for medical bills, and each member of
an arbitration committee for hospital bills shall be entitled to receive
and  shall  be  paid  a  fee for each day's attendance at an arbitration

S. 1505                            157                           A. 2005

session in any one count in an amount fixed by the chair of the workers'
compensation board.
  (5)]  (4)  In  claims  where the employer has failed to secure compen-
sation to his employees as required by section fifty  of  this  chapter,
the  board  may  make  an  award for the value of medical [and podiatry]
services, SUPPLIES or treatment rendered to such employees,  in  accord-
ance  with  the  schedules  of fees and charges prepared and established
under the provisions of [section thirteen, subdivision  a,  and  section
thirteen-k,  subdivision  two, of] this chapter[, and for the reasonable
value of hospital care in accordance with the charges currently in force
in  hospitals  in  the  same  community  for  cases  coming  within  the
provisions of this chapter]. Such award shall be made to the [physician,
podiatrist,  or  hospital]  MEDICAL  CARE  PROVIDER OR SUPPLIER entitled
thereto. A default in the payment of such award may be enforced  in  the
manner  provided for the enforcement of compensation awards as set forth
in section twenty-six of this [chapter] ARTICLE.
  In all cases coming under this subdivision the payment  of  the  claim
[of  the  physician,  podiatrist,  or hospital for medical, podiatry, or
surgical services or treatment] FOR MEDICAL CARE OR  SUPPLIES  shall  be
subordinate to that of the claimant or his OR HER beneficiaries.
  [(6)  Notwithstanding  any  inconsistent provision of law, arbitration
regarding payments for  inpatient  hospital  services  for  any  patient
discharged  on  or  after January first, nineteen hundred ninety-one and
prior to December thirty-first, nineteen  hundred  ninety-six  shall  be
resolved  in  accordance  with  paragraph  (d)  of  subdivision three of
section twenty-eight hundred seven-c of the public health law.]
  § 4. Subdivisions 1 and 2  and  paragraph  (b)  of  subdivision  3  of
section 13-k of the workers' compensation law, subdivision 1 as added by
chapter  787  of the laws of 1952 and subdivision 2 and paragraph (b) of
subdivision 3 as amended by chapter 473 of the laws of 2000, are amended
to read as follows:
  1. When the term "chairman" is hereinafter used, it shall be deemed to
mean the [chairman] CHAIR of the [workmen's] WORKERS' compensation board
of the state of New York.
  2. An employee injured under  circumstances  which  make  such  injury
compensable  under  this article, when care is required for an injury to
the foot which injury or resultant condition therefrom may  lawfully  be
treated by a duly registered and licensed podiatrist of the state of New
York,  may  select  to treat him or her any podiatrist authorized by the
chair to  render  [podiatry]  PODIATRIC  MEDICAL  care,  as  hereinafter
provided.  If the injury or condition is one which is without the limits
prescribed by the education law for [podiatry]  PODIATRIC  MEDICAL  care
and  treatment,  or the injuries involved affect other parts of the body
in addition to the foot, the said podiatrist must  so  advise  the  said
injured  employee and instruct him or her to consult a physician of said
employee's choice for appropriate care  and  treatment.  Such  physician
shall  thenceforth  have  overall  supervision  of the treatment of said
patient including the future treatment to be administered to the patient
by the podiatrist. If for any reason during the period  when  [podiatry]
PODIATRIC MEDICAL treatment and care is required, the employee wishes to
transfer  his or her treatment and care to another authorized podiatrist
he or she may do so, in accordance with rules prescribed by  the  chair,
provided  however  that the employer shall be liable for the proper fees
of the original podiatrist for the care and treatment he  or  she  shall
have  rendered. [A podiatrist licensed and registered to practice podia-
try in the state of New York who is  desirous  of  being  authorized  to

S. 1505                            158                           A. 2005

render  podiatry  care  under this section and/or to conduct independent
medical examinations in accordance with  paragraph  (b)  of  subdivision
three  of this section shall file an application for authorization under
this  section with the podiatry practice committee.  In such application
he or she shall agree to refrain from subsequently treating for remuner-
ation, as a private patient, any person seeking podiatry  treatment,  or
submitting to an independent medical examination, in connection with, or
as  a result of, any injury compensable under this chapter, if he or she
has been removed from the  list  of  podiatrists  authorized  to  render
podiatry  care or to conduct independent medical examinations under this
chapter, or if the person seeking such treatment  has  been  transferred
from  his or her care in accordance with the provisions of this section.
This agreement shall run to the benefit of the injured person so treated
or examined, and shall be available to him or her as a  defense  in  any
action by such podiatrist for payment for treatment rendered by a podia-
trist  after  he  or  she  has been removed from the list of podiatrists
authorized to render podiatry care or  to  conduct  independent  medical
examinations  under this section, or after the injured person was trans-
ferred from his or her care in accordance with the  provisions  of  this
section.  The  podiatry  practice  committee  if  it deems such licensed
podiatrist duly qualified shall recommend to the chair that such  podia-
trist  be authorized to render podiatry care and/or to conduct independ-
ent medical examinations under this section. Such  recommendation  shall
be  advisory  to  the  chair only and shall not be binding or conclusive
upon him or her.] The chair shall prepare and establish a  schedule  for
the  state,  or  schedules limited to defined localities, of charges and
fees for [podiatry] PODIATRIC MEDICAL treatment and care, to  be  deter-
mined  in  accordance with and to be subject to change pursuant to rules
promulgated by the chair. Before preparing such schedule for  the  state
or  schedules for limited localities the chair shall request the [podia-
try] PODIATRIC MEDICINE practice committee to submit to  him  or  her  a
report on the amount of remuneration deemed by such committee to be fair
and  adequate  for  the types of [podiatry] PODIATRIC MEDICAL care to be
rendered under this chapter, but consideration shall  be  given  to  the
view  of  other interested parties.  The amounts payable by the employer
for such treatment and services shall be the  fees  and  charges  estab-
lished by such schedule.
  (b)  Upon  receipt of the notice provided for by paragraph (a) of this
subdivision, the employer, the carrier and the claimant  each  shall  be
entitled to have the claimant examined by a qualified podiatrist author-
ized  by  the chair in accordance with [subdivision two of this] section
THIRTEEN-B and section one hundred thirty-seven of this  chapter,  at  a
medical  facility  convenient to the claimant and in the presence of the
claimant's podiatrist, and refusal by the claimant  to  submit  to  such
independent  medical examination at such time or times as may reasonably
be necessary in the opinion of the board shall  bar  the  claimant  from
recovering  compensation  for  any  period  during  which  he or she has
refused to submit to such examination.
  § 5. Subdivisions 1 and 2  and  paragraph  (b)  of  subdivision  3  of
section 13-l of the workers' compensation law, subdivision 1 as added by
chapter  940  of the laws of 1973 and subdivision 2 and paragraph (b) of
subdivision 3 as amended by chapter 473 of the laws of 2000, are amended
to read as follows:
  1. Where the term "chairman" is hereinafter used, it shall  be  deemed
to  mean  the  [chairman] CHAIR of the [workmen's] WORKERS' compensation
board of the state of New York.

S. 1505                            159                           A. 2005

  2. An employee injured under  circumstances  which  make  such  injury
compensable  under  this  article,  when  care is required for an injury
which consists solely of a condition which may lawfully be treated by  a
chiropractor  as  defined in section sixty-five hundred fifty-one of the
education  law  may  select to treat him or her, any duly registered and
licensed chiropractor of the state of New York, authorized by the  chair
to  render  chiropractic  care as hereinafter provided. If the injury or
condition is one which is outside the limits prescribed by the education
law for chiropractic care and treatment, the said chiropractor  must  so
advise  the  said  injured employee and instruct him or her to consult a
physician of said employee's choice for appropriate care and  treatment.
Such  physician  shall  thenceforth have supervision of the treatment of
said condition including the future treatment to be administered to  the
patient  by the chiropractor. [A chiropractor licensed and registered to
practice chiropractic in the state of New York, who is desirous of being
authorized to render chiropractic care  under  this  section  and/or  to
conduct  independent  medical  examinations in accordance with paragraph
(b) of subdivision three of this section shall file an  application  for
authorization  under this section with the chiropractic practice commit-
tee. In such application he or she shall agree to  refrain  from  subse-
quently  treating  for  remuneration,  as  a private patient, any person
seeking chiropractic treatment, or submitting to an independent  medical
examination, in connection with, or as a result of, any injury compensa-
ble  under  this chapter, if he or she has been removed from the list of
chiropractors authorized to render chiropractic care or to conduct inde-
pendent medical examinations under this chapter, or if the person  seek-
ing  such treatment has been transferred from his or her care in accord-
ance with the provisions of this section. This agreement  shall  run  to
the  benefit of the injured person so treated, or examined, and shall be
available to him or her as a defense in any action by such  chiropractor
for  payment rendered by a chiropractor after he or she has been removed
from the list of chiropractors authorized to render chiropractic care or
to conduct independent medical examinations under this section, or after
the injured person was transferred from his or her  care  in  accordance
with the provisions of this section. The chiropractic practice committee
if it deems such licensed chiropractor duly qualified shall recommend to
the  chair that such be authorized to render chiropractic care and/or to
conduct independent medical examinations under this section. Such recom-
mendations shall be advisory to the chair only and shall not be  binding
or  conclusive upon him or her.] The chair shall prepare and establish a
schedule for the state, or schedules limited to  defined  localities  of
charges  and  fees for chiropractic treatment and care, to be determined
in accordance with and to be subject to change pursuant to rules promul-
gated by the chair.  Before preparing such schedule  for  the  state  or
schedules  for limited localities the chair shall request the chiroprac-
tic practice committee to submit to him or her a report on the amount of
remuneration deemed by such committee to be fair and  adequate  for  the
types  of  chiropractic  care  to  be  rendered  under this chapter, but
consideration shall be given to the view of  other  interested  parties,
the  amounts  payable  by  the  employer for such treatment and services
shall be the fees and charges established by such schedule.
  (b) Upon receipt of the notice provided for by paragraph (a)  of  this
subdivision,  the  employer, the carrier, and the claimant each shall be
entitled to have the  claimant  examined  by  a  qualified  chiropractor
authorized  by  the  chair  in accordance with [subdivision two of this]
section THIRTEEN-B and section one hundred thirty-seven of this  chapter

S. 1505                            160                           A. 2005

at  a medical facility convenient to the claimant and in the presence of
the claimant's chiropractor, and refusal by the claimant  to  submit  to
such  independent  medical  examination  at  such  time  or times as may
reasonably be necessary in the opinion of the board shall bar the claim-
ant  from recovering compensation, for any period during which he or she
has refused to submit to such examination.
  § 6. Subdivisions 1, 2 and 3 and paragraph (b)  of  subdivision  4  of
section  13-m  of the workers' compensation law, subdivisions 1 and 2 as
added by chapter 589 of the laws of 1989 and subdivision 3 and paragraph
(b) of subdivision 4 as amended by chapter 473 of the laws of 2000,  are
amended to read as follows:
  1.  Where  the term "chairman" is hereinafter used, it shall be deemed
to mean the [chairman] CHAIR of the workers' compensation board  of  the
state of New York.
  2.  (a)  An  injured  employee, injured under circumstances which make
such injury compensable under this article, may  lawfully  be  treated[,
upon  the  referral of an authorized physician,] by a psychologist, duly
registered and licensed by the state of  New  York,  authorized  by  the
[chairman] CHAIR to render psychological care pursuant to [this] section
THIRTEEN-B  OF  THIS ARTICLE. Such services shall be within the scope of
such psychologist's specialized training and qualifications  as  defined
in article one hundred fifty-three of the education law.
  (b)  Medical  bureaus,  medical  centers jointly operated by labor and
management representatives, hospitals and health  maintenance  organiza-
tions, authorized to provide medical care pursuant to section thirteen-c
of  this  [chapter]  ARTICLE,  may  provide  psychological services when
required[, upon the referral of an authorized physician,  provided  such
care  is rendered by a duly registered, licensed and authorized psychol-
ogist, as required by this section].
  (c) A psychologist rendering service pursuant to  this  section  shall
maintain records of the patient's psychological condition and treatment,
and  such  records or reports shall be submitted to the [chairman] CHAIR
on such forms and at such times as the [chairman] CHAIR may require.
  3. [A psychologist, licensed and registered to practice psychology  in
the  state  of  New  York, who is desirous of being authorized to render
psychological care under this  section  and/or  to  conduct  independent
medical  examinations  in  accordance  with paragraph (b) of subdivision
four of this section shall file an application for  authorization  under
this section with the psychology practice committee. The applicant shall
agree  to  refrain  from  subsequently  treating  for remuneration, as a
private patient, any person seeking psychological treatment, or  submit-
ting  to an independent medical examination, in connection with, or as a
result of, any injury compensable under this chapter, if he or  she  has
been removed from the list of psychologists authorized to render psycho-
logical care under this chapter. This agreement shall run to the benefit
of the injured person so treated, and shall be available as a defense in
any  action  by  such psychologist for payment for treatment rendered by
such psychologist after being removed from  the  list  of  psychologists
authorized  to  render  psychological  care  or  to  conduct independent
medical examinations under this section. The psychology practice commit-
tee if it deems such licensed psychologist duly qualified  shall  recom-
mend to the chair that such person be authorized to render psychological
care  and/or  to  conduct  independent  medical  examinations under this
section. Such recommendations shall be only advisory to  the  chair  and
shall  not be binding or conclusive.] The chair shall prepare and estab-
lish a schedule for the state or schedules limited to defined localities

S. 1505                            161                           A. 2005

of charges and fees for psychological treatment and care, to  be  deter-
mined  in  accordance  with  and  be subject to change pursuant to rules
promulgated by the chair. Before preparing such schedule for  the  state
or schedules for limited localities the chair shall request the psychol-
ogy practice committee to submit to such chair a report on the amount of
remuneration  deemed  by  such committee to be fair and adequate for the
types of psychological care to  be  rendered  under  this  chapter,  but
consideration  shall  be  given to the view of other interested parties.
The amounts payable by the employer  for  such  treatment  and  services
shall be the fees and charges established by such schedule.
  (b)  Upon  receipt of the notice provided for by paragraph (a) of this
subdivision, the employer, the carrier, and the claimant each  shall  be
entitled  to  have  the  claimant  examined by a qualified psychologist,
authorized by the chair in accordance with [subdivision three  of  this]
section THIRTEEN-B and section one hundred thirty-seven of this chapter,
at  a medical facility convenient to the claimant and in the presence of
the claimant's psychologist, and refusal by the claimant  to  submit  to
such  independent  medical  examination  at  such  time  or times as may
reasonably be necessary in the opinion of the board shall bar the claim-
ant from recovering compensation, for any period during which he or  she
has refused to submit to such examination.
  §  7.  Section  54-b  of  the workers' compensation law, as amended by
chapter 6 of the laws of 2007, is amended to read as follows:
  § 54-b. Enforcement on failure to pay award or judgment.  In  case  of
default  by  a  carrier  or  self-insured employer in the payment of any
compensation due under an award for the  period  of  thirty  days  after
payment  is  due  and payable, or in the case of failure by a carrier or
self-insured employer to make full payment of an award for medical  care
OR  SUPPLIES  issued by the board or the chair pursuant to section thir-
teen-g of this chapter, the chair in any such case  or  on  the  chair's
consent  any  party  to  an award may file with the county clerk for the
county in which the injury occurred or the county in which  the  carrier
or self-insured employer has his or her principal place of business, (1)
a  certified  copy of the decision of the board awarding compensation or
ending, diminishing or increasing compensation previously awarded,  from
which  no  appeal has been taken within the time allowed therefor, or if
an appeal has been taken by a carrier or self-insured employer  who  has
not complied with the provisions of section fifty of this article, where
he  or  she  fails  to deposit with the chair the amount of the award as
security for its payment within ten days after the same is due and paya-
ble, or (2) a certified copy of the award for medical care  OR  SUPPLIES
issued  pursuant  to  section  thirteen-g of this chapter, and thereupon
judgment must be entered in the supreme court by the clerk of such coun-
ty in conformity therewith immediately upon such filing. If the  payment
in default be an installment, the board may declare the entire award due
and  judgment  may  be entered in accordance with the provisions of this
section. Such judgment shall be entered in the  same  manner,  have  the
same effect and be subject to the same proceedings as though rendered in
a  suit  duly  heard and determined by the supreme court, except that no
appeal may be taken therefrom. The court shall  vacate  or  modify  such
judgment  to  conform  to  any later award or decision of the board upon
presentation of a certified copy of such award or  decision.  The  award
may be so compromised by the board as in the discretion of the board may
best  serve  the interest of the persons entitled to receive the compen-
sation or benefits. Where an award has been made against  a  carrier  or
self-insured  employer  in accordance with the provisions of subdivision

S. 1505                            162                           A. 2005

nine of section fifteen, or of section twenty-five-a  of  this  chapter,
such  an award may be similarly compromised by the board, upon notice to
a representative of the fund to which the award is payable, but if there
be  no  representative  of  any such fund, notice shall be given to such
representative as may be designated by  the  chair  of  the  board;  and
notwithstanding  any  other  provision  of law, such compromise shall be
effective without the necessity of  any  approval  by  the  state  comp-
troller.  Neither  the chair nor any party in interest shall be required
to pay any fee to any public officer for filing or recording  any  paper
or  instrument  or  for issuing a transcript of any judgment executed in
pursuance of this section. The carrier or self-insured employer shall be
liable for all costs and attorneys fees necessary to enforce the  award.
For  the  purposes of this section, the term "carrier" shall include the
state insurance fund and any stock corporation,  mutual  corporation  or
reciprocal  insurer  authorized  to  transact  the  business of workers'
compensation insurance in this state.
  § 8. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

                                 PART DD

  Section  1.  Section  14  of  part J of chapter 62 of the laws of 2003
amending the county law and other laws relating to  fees  collected,  as
amended  by  section  7  of part K of chapter 56 of the laws of 2010, is
amended to read as follows:
  § 14. Notwithstanding the provisions of any other  law:  (a)  the  fee
collected  by  the  office  of court administration for the provision of
criminal history searches and other searches  for  data  kept  electron-
ically by the unified court system shall be [sixty-five] NINETY dollars;
(b)  [thirty-five]  SIXTY  dollars  of  each such fee collected shall be
deposited in the indigent legal services  fund  established  by  section
98-b  of  the state finance law, as added by section twelve of this act,
(c) nine dollars of each such fee collected shall be  deposited  in  the
legal  services assistance fund established by section 98-c of the state
finance law, as added by section  nineteen  of  this  act,  (d)  sixteen
dollars  of  each such fee collected shall be deposited to the judiciary
data processing offset fund established by section  94-b  of  the  state
finance  law,  and  (e)  the remainder shall be deposited in the general
fund.
  § 2. Subdivision 4 of section 468-a of the judiciary law,  as  amended
by  section 9 of part K of chapter 56 of the laws of 2010, is amended to
read as follows:
  4. The biennial registration fee shall be [three] FOUR hundred [seven-
ty-five] TWENTY-FIVE dollars, sixty dollars of which shall be  allocated
to  and be deposited in a fund established pursuant to the provisions of
section ninety-seven-t of the state finance  law,  [fifty]  ONE  HUNDRED
dollars  of which shall be allocated to and shall be deposited in a fund
established pursuant to the provisions of section ninety-eight-b of  the
state finance law, twenty-five dollars of which shall be allocated to be
deposited  in  a  fund established pursuant to the provisions of section
ninety-eight-c of the state finance law,  and  the  remainder  of  which
shall  be  deposited  in  the attorney licensing fund. Such fee shall be
required of every attorney who is admitted and licensed to practice  law
in this state, whether or not the attorney is engaged in the practice of
law  in  this  state  or  elsewhere, except attorneys who certify to the

S. 1505                            163                           A. 2005

chief administrator of the courts that they have retired from the  prac-
tice of law.
  § 3. This act shall take effect immediately.

                                 PART EE

  Section  1.  Subdivision  1 of section 20.60 of the criminal procedure
law, is amended to read as follows:
  1. An oral or written statement made by a person in  one  jurisdiction
to  a person in another jurisdiction by means of telecommunication, mail
or any other method of communication is deemed to be made in  each  such
jurisdiction.  FOR  PURPOSES  OF  THIS SUBDIVISION, SUCH STATEMENT SHALL
INCLUDE TESTIMONY GIVEN PURSUANT TO SUBDIVISION FOUR-A OF SECTION 190.30
OF THIS CHAPTER.
  § 2. Subdivision 1 of section 50.10 of the criminal procedure law,  is
amended to read as follows:
  1.  "Immunity." A person who has been a witness in a legal proceeding,
and [who cannot, except as otherwise provided in  this  subdivision,  be
convicted  of  any offense or subjected to any penalty or forfeiture for
or on account of any transaction, matter or thing  concerning  which  he
gave  evidence  therein,  possesses "immunity" from any such conviction,
penalty or forfeiture], NEITHER THE EVIDENCE GIVEN BY SUCH  WITNESS  NOR
ANY  EVIDENCE  DERIVED  DIRECTLY  OR  INDIRECTLY  THEREFROM  MAY BE USED
AGAINST THE WITNESS IN  THE  SAME  OR  ANY  OTHER  CRIMINAL  PROCEEDING,
POSSESSES "IMMUNITY". A person who possesses such immunity may neverthe-
less be convicted of perjury as a result of having given false testimony
in  such  legal  proceeding,  and  may  be  convicted  of or adjudged in
contempt as a result of having contumaciously refused to  give  evidence
therein, AND THE EVIDENCE GIVEN BY THE PERSON AT THE PROCEEDING AT WHICH
THE  PERSON  POSSESSED  IMMUNITY  MAY BE USED AGAINST SUCH PERSON IN ANY
SUCH PROSECUTION FOR PERJURY OR JUDGEMENT FOR CONTEMPT.
  § 3. Section 60.22 of the criminal procedure law is amended by  adding
a new subdivision 4 to read as follows:
  4.  FOR  PURPOSES OF THIS SECTION, "CORROBORATIVE EVIDENCE" SHALL MEAN
EVIDENCE FROM ONE OR MORE OTHER ACCOMPLICES.
  § 4. Paragraph (b) of subdivision 1 of section 170.30 of the  criminal
procedure  law,  is  amended and a new subdivision 5 is added to read as
follows:
  (b) [The defendant has received  immunity  from  prosecution  for  the
offense  charged,  pursuant to sections 50.20 or 190.40;] ALLEGATIONS IN
THE INFORMATION, SIMPLIFIED  INFORMATION,  PROSECUTOR'S  INFORMATION  OR
MISDEMEANOR  COMPLAINT  ARE  BASED  ON EVIDENCE PROTECTED BY IMMUNITY AS
DEFINED IN SUBDIVISION ONE OF SECTION 50.10 OF THIS CHAPTER; or
  5. WHERE THE DEFENDANT ESTABLISHES IN HIS OR HER MOTION THAT  IMMUNITY
HAS  BEEN  CONFERRED ON HIM OR HER, THE PEOPLE MUST THEN ESTABLISH, BY A
PREPONDERANCE OF THE EVIDENCE, THAT SUCH  EVIDENCE    WAS  NOT  DERIVED,
DIRECTLY  OR INDIRECTLY, FROM THE EVIDENCE AS TO WHICH SUCH IMMUNITY WAS
CONFERRED. A MOTION SEEKING RELIEF ON THIS GROUND SHALL  NOT  BE  ENTER-
TAINED  BEFORE  A  MOTION  MADE PURSUANT TO SUBDIVISION EIGHT OF SECTION
710.20 OF THIS CHAPTER, SEEKING SUPPRESSION OF POTENTIAL EVIDENCE AS  TO
THE  USE  OF  WHICH THE DEFENDANT POSSESSES IMMUNITY, HAS BEEN RESOLVED.
UPON GRANT OF SUCH A MOTION, THE COURT  SHALL  DISMISS  THE  INSTRUMENT;
OTHERWISE, THE COURT MUST DENY THE MOTION TO DISMISS.
  §  5. Paragraph (g) of subdivision 3 of section 190.30 of the criminal
procedure law, as added by chapter 690 of the laws of 2005,  is  amended
and a new paragraph (h) is added to read as follows:

S. 1505                            164                           A. 2005

  (g)  that person's ownership of, or possessory right in, a credit card
account number or debit card account number, and the defendant's lack of
superior or equal right to use or possession thereof[.];
  (H)  THAT  A  PERSON'S  OWNERSHIP OF, OR POSSESSORY RIGHT IN, PERSONAL
IDENTIFYING INFORMATION, AS DEFINED IN SUBDIVISION ONE OF SECTION 190.77
OF THE PENAL LAW, OR A PERSONAL IDENTIFICATION  NUMBER,  AS  DEFINED  IN
PARAGRAPH  B  OF  SUBDIVISION TWO OF SECTION 190.77 OF THE PENAL LAW, AS
ANY NUMBER OR CODE WHICH MAY BE USED ALONE OR IN  CONJUNCTION  WITH  ANY
OTHER  INFORMATION  TO  ASSUME  THE IDENTITY OF ANOTHER PERSON OR ACCESS
FINANCIAL RESOURCES OR CREDIT OF ANOTHER PERSON AND THE DEFENDANT'S LACK
OF SUPERIOR OR EQUAL RIGHT TO USE OR POSSESSION THEREOF.
  § 6. Section 190.30 of the criminal procedure law is amended by adding
a new subdivision 4-a to read as follows:
  4-A. WHENEVER THE DISTRICT ATTORNEY  HAS  REASON  TO  BELIEVE  THAT  A
WITNESS,  OTHER  THAN  A WITNESS WHO WAIVES IMMUNITY PURSUANT TO SECTION
190.40 OF THIS ARTICLE, INCLUDING A DEFENDANT TESTIFYING ON HIS  OR  HER
OWN  BEHALF PURSUANT TO SUBDIVISION FIVE OF SECTION 190.50 OF THIS ARTI-
CLE, IS LOCATED EITHER OUT-OF-STATE OR MORE THAN ONE HUNDRED MILES  FROM
THE  GRAND  JURY  PROCEEDING,  THE  PERSON MAY PROVIDE LIVE TESTIMONY BY
CLOSED CIRCUIT VIDEO OR VIDEOCONFERENCING IN THE SAME MANNER AS  IF  THE
WITNESS  HAD TESTIFIED IN PERSON. THE AUDIOVISUAL TECHNOLOGY USED PURSU-
ANT TO THIS SECTION SHALL SEEK  TO  ENSURE  THAT  THE  COMMUNICATION  BE
REASONABLY  SECURE  FROM  INTERCEPTION  OR EAVESDROPPING BY ANYONE OTHER
THAN THE PERSONS COMMUNICATING, AND MUST ENSURE THAT THE WITNESS MAY  BE
CLEARLY HEARD, SEEN AND EXAMINED.
  (A) THE TESTIMONY OF THE WITNESS SHALL BE:
  (I)  TAKEN BY A CERTIFIED VIDEOGRAPHER WHO IS IN THE PHYSICAL PRESENCE
OF THE WITNESS. THE CERTIFIED VIDEOGRAPHER SHALL SIGN A WRITTEN DECLARA-
TION WHICH STATES THAT THE WITNESS DOES NOT POSSESS ANY NOTES  OR  OTHER
MATERIALS TO ASSIST IN THE WITNESS'S TESTIMONY;
  (II)  RECORDED  AND PRESERVED THROUGH THE USE OF AUDIOVISUAL RECORDING
TECHNOLOGY; AND
  (III) TRANSCRIBED BY A CERTIFIED COURT REPORTER.
  (B) BEFORE GIVING TESTIMONY, THE WITNESS SHALL BE  SWORN  AND  SIGN  A
WRITTEN DECLARATION, WHICH ACKNOWLEDGES THAT THE WITNESS IS ALONE IN THE
ROOM  WHERE THE TESTIMONY IS BEING TAKEN, THAT, TO HIS OR HER KNOWLEDGE,
NO ONE OTHER THAN THE CERTIFIED  VIDEOGRAPHER  IS  HEARING  HIS  OR  HER
TESTIMONY, THAT THE WITNESS UNDERSTANDS THAT HE OR SHE IS SUBJECT TO THE
JURISDICTION  OF THE COURTS OF THIS STATE AND MAY BE SUBJECT TO CRIMINAL
PROSECUTION FOR THE COMMISSION OF ANY CRIME IN CONNECTION  WITH  HIS  OR
HER  TESTIMONY, INCLUDING, WITHOUT LIMITATION, PERJURY AND CONTEMPT, AND
THAT THE WITNESS CONSENTS TO SUCH JURISDICTION.
  (C) THE ORIGINAL RECORDED TESTIMONY OF THE WITNESS MUST  BE  DELIVERED
TO THE CERTIFIED COURT REPORTER.
  §  7. Paragraph (a) of subdivision 8 of section 190.30 of the criminal
procedure law, as added by chapter 279 of the laws of 2008,  is  amended
to read as follows:
  (a)  [A business record may be received in such grand jury proceedings
as evidence of the following facts and similar facts stated therein:
  (i) a person's use of, subscription to and charges  and  payments  for
communication equipment and services including but not limited to equip-
ment  or  services  provided by telephone companies and internet service
providers, but not including recorded conversations or  images  communi-
cated thereby; and
  (ii)  financial  transactions,  and a person's ownership or possessory
interest in any  account,  at  a  bank,  insurance  company,  brokerage,

S. 1505                            165                           A. 2005

exchange  or banking organization as defined in section two of the bank-
ing law.] ALL BUSINESS RECORDS AS DEFINED IN  SUBDIVISION  (A)  OF  RULE
FORTY-FIVE  HUNDRED  EIGHTEEN  OF  THE  CIVIL PRACTICE LAW AND RULES AND
SECTIONS THREE HUNDRED TWO AND THREE HUNDRED SIX OF THE STATE TECHNOLOGY
LAW  MAY  BE  RECEIVED IN SUCH GRAND JURY PROCEEDINGS AS EVIDENCE OF THE
FACTS STATED THEREIN.
  § 8. Section 210.35 of the criminal procedure law is amended by adding
a new subdivision 4-a to read as follows:
  4-A. EVIDENCE PROTECTED BY USE IMMUNITY WAS USED TO OBTAIN THE INDICT-
MENT. A MOTION SEEKING RELIEF ON THIS GROUND SHALL  NOT  BE  ENTERTAINED
BEFORE  A MOTION MADE PURSUANT TO SUBDIVISION EIGHT OF SECTION 710.20 OF
THIS CHAPTER, SEEKING SUPPRESSION OF POTENTIAL EVIDENCE AS TO THE USE OF
WHICH THE DEFENDANT POSSESSES IMMUNITY,  HAS  BEEN  RESOLVED.  UPON  THE
GRANTING  OF  SUCH  A  MOTION,  THE  COURT SHALL DISMISS THE INDICTMENT;
OTHERWISE, THE COURT SHALL DENY THE MOTION TO DISMISS; OR
  § 9. The opening paragraph and subdivisions 6 and 7 of section  710.20
of the criminal procedure law, the opening paragraph as amended by chap-
ter 8 of the laws of 1976, subdivision 6 as amended by section 5 of part
VVV  of  chapter  59  of the laws of 2017, and subdivision 7 as added by
chapter 744 of the laws of 1988, are amended and a new subdivision 8  is
added to read as follows:
  Upon motion of a defendant who (a) is aggrieved by unlawful or improp-
er acquisition of evidence and has reasonable cause to believe that such
may  be offered against him OR HER in a criminal action, [or] (b) claims
that improper identification testimony may be offered against him OR HER
in a criminal action, OR (C) CLAIMS THAT EVIDENCE AS TO THE USE OF WHICH
HE OR SHE POSSESSES IMMUNITY, AS DEFINED IN SUBDIVISION ONE  OF  SECTION
50.10  OF  THIS CHAPTER, MAY BE OFFERED AGAINST HIM OR HER IN A CRIMINAL
ACTION, a court may, under circumstances  prescribed  in  this  article,
order  that such evidence be suppressed or excluded upon the ground that
it:
  6. Consists of potential testimony regarding  an  observation  of  the
defendant  either  at the time or place of the commission of the offense
or upon some other occasion relevant to the case, which potential testi-
mony would not be admissible upon the prospective trial of  such  charge
owing  to an improperly made previous identification of the defendant or
of a pictorial,  photographic,  electronic,  filmed  or  video  recorded
reproduction  of  the defendant by the prospective witness. A claim that
the previous identification of the defendant or of a  pictorial,  photo-
graphic,  electronic,  filmed  or  video  recorded  reproduction  of the
defendant by a prospective witness did not comply with paragraph (c)  of
subdivision  one  of  section 60.25 of this chapter or with the protocol
promulgated in accordance with subdivision twenty-one of  section  eight
hundred  thirty-seven  of the executive law shall not constitute a legal
basis to suppress evidence pursuant to this subdivision. A claim that  a
public servant failed to comply with paragraph (c) of subdivision one of
section  60.25  of  this chapter or of subdivision twenty-one of section
eight hundred thirty-seven of the executive law shall neither expand nor
limit the rights an accused person may derive under the constitution  of
this state or of the United States[.]; OR
  7. Consists of information obtained by means of a pen register or trap
and  trace  device  installed  or used in violation of the provisions of
article seven hundred five of this chapter[.]; OR
  8. CONSISTS OF POTENTIAL EVIDENCE AS TO THE USE OF WHICH THE DEFENDANT
POSSESSES IMMUNITY. WHERE THE DEFENDANT ESTABLISHES  THAT  IMMUNITY  HAS
BEEN  CONFERRED  ON  HIM  OR  HER,  THE PEOPLE MUST THEN ESTABLISH, BY A

S. 1505                            166                           A. 2005

PREPONDERANCE OF THE EVIDENCE,  THAT  SUCH  EVIDENCE  WAS  NOT  DERIVED,
DIRECTLY  OR  INDIRECTLY,  FROM  THE  EVIDENCE  AS TO WHICH IMMUNITY WAS
CONFERRED.
  §  10.  This act shall take effect on the ninetieth day after it shall
have become a law.

                                 PART FF

  Section 1. Subject to the provisions of this act, the  town  of  Hast-
ings,  in the county of Oswego, acting by and through its governing body
and upon such terms and conditions as determined by such body, is hereby
authorized to discontinue as parklands and to transfer ownership of  the
lands  described  in section three of this act, to the New York Division
of State Police for the purpose of  providing  necessary  land  for  the
construction of a Division of State Police station.
  § 2. The authorization contained in section one of this act shall take
effect  only upon the condition that the town of Hastings shall dedicate
an amount equal to or greater than the fair market value  of  the  park-
lands being discontinued towards the acquisition of new parklands and/or
capital improvements to existing park and recreational facilities.
  §  3. The parklands authorized by section one of this act to be alien-
ated are described as follows: All that tract or parcel of land  situate
in  the  Town of Hastings, County of Oswego and State of New York, being
part of Lot No. 28 and being part of Lot No. 29 in Township  No.  13  of
Scriba's  Patent, and being part of the lands conveyed from F. Don Sweet
to the Town of Hastings by deed dated April 16, 1969 and recorded at the
Oswego County Clerk's Office on April 16, 1969 in Book of Deeds  712  at
Page 116 and being more particularly described as follows:
  Beginning at the southwesterly corner of lands of the Town of Hastings
(712/116),  being  a  point  on the southerly bounds of Lot No. 28, also
being the centerline of Wilson Road per deed (712/116), said point being
easterly a distance of 645 feet, more or less, from the nominal  center-
line intersection of Wilson Road and U.S. Route No. 11;
  Thence running N. 28° 53' 09" E. along the easterly bounds of The Town
of  Hastings  (712/141)  a distance of 435.60 feet to a point; thence S.
61° 57' 15" E. a distance of 300.00 feet to a point; thence S.  28°  53'
09"  W. a distance of 435.60 feet to the southerly bounds of Lot No. 29;
thence N. 61° 57' 15" W. a distance of 300.00  feet  to  the  point  and
place of beginning containing 3.0 acres of land, more or less.
  Subject  to  any  and all easements and restrictions of record and the
highway rights of the public and the Town of  Hastings  in  and  to  the
portion  of  Wilson  Road lying within the bounds of the above described
parcel.
  § 4. If the parkland that is described in section three  of  this  act
has received funding pursuant to the federal land and water conservation
fund,  the discontinuance of parklands authorized by section one of this
act shall not occur until the town of Hastings  has  complied  with  the
federal  requirements pertaining to the conversion of parklands, includ-
ing satisfying the secretary of the  interior  that  the  discontinuance
with  all conditions which the secretary of the interior deems necessary
to assure the substitution of other lands shall be  equivalent  in  fair
market  value  and recreational usefulness to the lands being discontin-
ued.
  § 5. This act shall take effect immediately.

                                 PART GG

S. 1505                            167                           A. 2005

  Section 1. Subdivisions 3 and 5 of section 97-g of the  state  finance
law,  subdivision 3 as amended by section 62 of part HH of chapter 57 of
the laws of 2013 and subdivision 5 as amended by section 1 of subpart  A
of  part  C  of  chapter  97 of the laws of 2011, are amended to read as
follows:
  3. Moneys of the fund shall be available to the commissioner of gener-
al  services  for the purchase of food, supplies and equipment for state
agencies, and for the purpose of  furnishing  or  providing  centralized
services  to  or  for  state agencies; provided further that such moneys
shall be available to the commissioner of general services for  purposes
pursuant  to items (d) and (f) of subdivision four of this section to or
for political  subdivisions,  PUBLIC  AUTHORITIES,  AND  PUBLIC  BENEFIT
CORPORATIONS. Beginning the first day of April, two thousand two, moneys
in  such  fund shall also be transferred by the state comptroller to the
revenue bond tax fund account  of  the  general  debt  service  fund  in
amounts  equal  to those required for payments to authorized issuers for
revenue bonds issued pursuant to article five-C and  article  five-F  of
this  chapter  for  the  purpose  of  lease  purchases  and  installment
purchases by or for state agencies and institutions for personal or real
property purposes.
  5. The amount expended from such fund for  the  above-stated  purposes
shall  be  charged  against  the  agency  [or], political [subdivisions]
SUBDIVISION,  PUBLIC  AUTHORITY  OR  PUBLIC  BENEFIT  CORPORATION  above
receiving  such  food, supplies, equipment and services and all payments
received therefor shall be credited to such fund.
  § 2. Section 3 of chapter 410 of the laws of 2009, amending the  state
finance  law  relating  to authorizing the aggregate purchases of energy
for state agencies, institutions, local governments, public  authorities
and  public  benefit  corporations, as amended by section 1 of part G of
chapter 55 of the laws of 2014, is amended to read as follows:
  § 3. This act shall take effect immediately [and shall expire  and  be
deemed repealed July 31, 2019].
  §  3.  Section  9  of subpart A of part C of chapter 97 of the laws of
2011, amending the state finance law and other laws relating to  provid-
ing  certain centralized service to political subdivisions and extending
the authority of the  commissioner  of  general  services  to  aggregate
purchases  of  energy  for state agencies and political subdivisions, as
amended by section 2 of part G of chapter 55 of the  laws  of  2014,  is
amended to read as follows:
  § 9. This act shall take effect immediately, provided, however that:
  1.  sections [one,] four, five, six and seven of this act shall expire
and be deemed repealed July 31, [2019] 2024;
  2. the amendments to subdivision  4  of  section  97-g  of  the  state
finance law made by section two of this act shall survive the expiration
and  reversion  of  such subdivision as provided in section 3 of chapter
410 of the laws of 2009, as amended;
  3. sections four, five, six and seven of this act shall apply  to  any
contract let or awarded on or after such effective date.
  § 4. This act shall take effect immediately.

                                 PART HH

  Section  1. Subdivision 2 of section 9 of the public buildings law, as
amended by section 2 of part M of chapter 55 of the  laws  of  2015,  is
amended to read as follows:

S. 1505                            168                           A. 2005

  2.  Notwithstanding  any other provision of this law or any general or
special law, where there is a  construction  emergency,  as  defined  by
subdivision  one  of  this section, the commissioner of general services
may, upon written notice of such construction emergency from an  author-
ized  officer  of  the  department  or agency having jurisdiction of the
property, let emergency contracts for public work  or  the  purchase  of
supplies,  materials  or equipment without complying with formal compet-
itive bidding requirements, provided that all such  contracts  shall  be
subject  to the approval of the attorney general and the comptroller and
that no such contract shall exceed [six hundred  thousand]  TWO  MILLION
dollars.   Such emergency contracts shall be let only for work necessary
to remedy or ameliorate a construction emergency.
  § 2. Section 3 of chapter 674 of the laws of 1993, amending the public
buildings law relating to value limitations on contracts, as amended  by
section  1  of  part  L of chapter 55 of the laws of 2017, is amended to
read as follows:
  § 3. This act shall take effect immediately [and shall remain in  full
force and effect only until June 30, 2019].
  § 3. This act shall take effect immediately.

                                 PART II

  Section  1.  This Part enacts into law major components of legislation
that remove unnecessary barriers to  reentry  of  people  with  criminal
histories  into  society.  This Part removes mandatory bars on licensing
and employment for people with criminal convictions  in  the  categories
enumerated therein and replace them with individualized review processes
using  the  factors set out in article 23-A of the correction law.  This
Part removes mandatory drivers license suspension for  non-driving  drug
offenses. This Part prohibits disclosure of mugshots and arrest informa-
tion  by amending the freedom of information law.  This Part also amends
provisions of law to enact into law major components of  legislation  to
prevent  the use in a civil context, of past arrest information that did
not result in a conviction because no disposition has been reported,  or
the  case  has  been adjourned in contemplation of dismissal, or because
arrest and arraignment charges were  not  followed  by  a  corresponding
conviction on those charges.  This information would still be able to be
seen  and used by law enforcement and in criminal proceedings.  Finally,
this Part establishes compassionate parole for incarcerated  individuals
over the age of 55 who have incapacitating medical conditions exacerbat-
ed by age.  Each component is wholly contained with a Subpart identified
as Subparts A through P. Any provision in any section contained within a
Subpart, including the effective date of the Subpart, which makes refer-
ence  to  a  section  "of  this  act", when used in connection with that
particular component, shall be deemed to mean and refer  to  the  corre-
sponding  section  of the Subpart in which it is found. Section three of
this Part sets forth the general effective date of this Part.

                                SUBPART A

  Section 1. Subdivision 6 of section 369 of the banking law, as amended
by chapter 164 of the laws of 2003, paragraph (b) as amended by  section
6  of  part  LL of chapter 56 of the laws of 2010, is amended to read as
follows:
  6. The superintendent may, CONSISTENT WITH ARTICLE  TWENTY-THREE-A  OF
THE  CORRECTION  LAW, refuse to issue a license pursuant to this article

S. 1505                            169                           A. 2005

if he shall find that the applicant, or any person who  is  a  director,
officer,  partner,  agent,  employee  or  substantial stockholder of the
applicant, (a) has been convicted of a crime in any jurisdiction or  (b)
is  associating  or  consorting  with any person who has, or persons who
have, been convicted of a crime or crimes in any jurisdiction or  juris-
dictions[;  provided,  however,  that the superintendent shall not issue
such a license if he shall find that the applicant, or any person who is
a director, officer, partner, agent, employee or substantial stockholder
of the applicant, has been convicted of a felony in any jurisdiction  or
of  a  crime  which,  if committed within this state, would constitute a
felony under the laws thereof]. For the  purposes  of  this  article,  a
person  shall be deemed to have been convicted of a crime if such person
shall have pleaded guilty to a charge thereof before a court  or  magis-
trate,  or shall have been found guilty thereof by the decision or judg-
ment of a court or magistrate or by the verdict of a jury,  irrespective
of the pronouncement of sentence or the suspension thereof[, unless such
plea  of  guilty, or such decision, judgment or verdict, shall have been
set aside, reversed or otherwise abrogated by lawful judicial process or
unless the person convicted of the crime shall have  received  a  pardon
therefor  from  the  president  of  the United States or the governor or
other pardoning authority in the jurisdiction where the  conviction  was
had, or shall have received a certificate of relief from disabilities or
a  certificate  of  good conduct pursuant to article twenty-three of the
correction law to remove the disability under this  article  because  of
such  conviction].  The  term "substantial stockholder," as used in this
subdivision, shall be deemed to refer to a person owning or  controlling
ten per centum or more of the total outstanding stock of the corporation
in  which such person is a stockholder. In making a determination pursu-
ant to this subdivision, the superintendent shall require fingerprinting
of the applicant. Such fingerprints shall be submitted to  the  division
of  criminal justice services for a state criminal history record check,
as defined in subdivision one of section three thousand  thirty-five  of
the  education law, and may be submitted to the federal bureau of inves-
tigation for a national criminal history record check.
  § 2. This act shall take effect immediately.

                                SUBPART B

  Section 1. Paragraph (f) of subdivision 7 of  section  2590-b  of  the
education  law,  as added by chapter 345 of the laws of 2009, is amended
to read as follows:
  (f) A person [who has been convicted of a felony, or has been  removed
from  a city-wide council established pursuant to this section or commu-
nity district education council for any of the following shall]  MAY  be
permanently ineligible for appointment to a city-wide council FOR ANY OF
THE FOLLOWING:
  (i)  an  act  of malfeasance directly related to his or her service on
such city-wide council or community district education council; or
  (ii) conviction of a crime, if such crime is directly related  to  his
or  her service upon such city-wide council or community district educa-
tion council, OR IF SERVICE UPON SUCH COUNCIL WOULD INVOLVE AN UNREASON-
ABLE RISK TO PROPERTY OR TO THE SAFETY OR WELFARE OF  SPECIFIC  INDIVID-
UALS OR THE GENERAL PUBLIC.
  §  2. Subdivision 5 of section 2590-c of the education law, as amended
by chapter 345 of the laws of 2009, is amended to read as follows:

S. 1505                            170                           A. 2005

  5. No person may serve on more than one community council  or  on  the
city-wide council on special education, the city-wide council on English
language learners, or the city-wide council on high schools and a commu-
nity  council. A member of a community council shall be ineligible to be
employed  by  the  community council of which he or she is a member, any
other community council, the city-wide council on special education, the
city-wide council on English language learners, the city-wide council on
high schools, or the city board. No person shall be eligible for member-
ship on a community council if he  or  she  holds  any  elective  public
office  or any elective or appointed party position except that of dele-
gate or alternate delegate to a national, state, judicial or other party
convention, or member of a county committee.
  A person [who has been convicted of a felony, or has been removed from
a community school board, community district education council,  or  the
city-wide council on special education, the city-wide council on English
language  learners,  or the city-wide council on high schools for any of
the following shall] MAY be permanently ineligible  for  appointment  to
any  community district education council FOR ANY OF THE FOLLOWING:  (a)
an act of malfeasance directly related to his  or  her  service  on  the
city-wide council on special education, the city-wide council on English
language  learners,  the  city-wide  council  on high schools, community
school board or community district education council; or (b)  conviction
of a crime, if such crime is directly related to his or her service upon
the  city-wide  council  on  special education, the city-wide council on
English language learners, the city-wide council on high schools, commu-
nity school board or community district education council, OR IF SERVICE
UPON SUCH COUNCIL WOULD INVOLVE AN UNREASONABLE RISK TO PROPERTY  OR  TO
THE SAFETY OR WELFARE OF SPECIFIC INDIVIDUALS OR THE GENERAL PUBLIC.
  Any decision rendered by the chancellor or the city board with respect
to  the  eligibility  or  qualifications  of  the nominees for community
district education councils must  be  written  and  made  available  for
public inspection within seven days of its issuance at the office of the
chancellor  and  the city board. Such written decision shall include the
factual and legal basis for its issuance and a record  of  the  vote  of
each board member who participated in the decision, if applicable.
  §  3. This act shall take effect immediately, provided that the amend-
ments to subdivision 7 of section 2590-b of the education  law  made  by
section  one of this act shall not affect the repeal of such subdivision
and shall be deemed repealed  therewith;  provided,  further,  that  the
amendments  to subdivision 5 of section 2590-c of the education law made
by section two of this act shall not affect the repeal of such  subdivi-
sion and shall be deemed to repeal therewith.

                                SUBPART C

  Section  1.  Clauses  1  and  5  of  paragraph (c) of subdivision 2 of
section 435 of the executive law, clause 1 as amended by chapter 371  of
the laws of 1974 and clause 5 as amended by 437 of the laws of 1962, are
amended to read as follows:
  (1)  a  person  convicted of a crime [who has not received a pardon, a
certificate of good conduct or a certificate of  relief  from  disabili-
ties]  IF  THERE  IS  A  DIRECT  RELATIONSHIP BETWEEN ONE OR MORE OF THE
PREVIOUS CRIMINAL OFFENSES  AND  THE  INTEGRITY  AND  SAFETY  OF  BINGO,
CONSIDERING  THE  FACTORS  SET  FORTH  IN  ARTICLE TWENTY-THREE-A OF THE
CORRECTION LAW;

S. 1505                            171                           A. 2005

  (5) a firm or corporation in which a person defined  in  [subdivision]
CLAUSE  (1),  (2),  (3)  or  (4)  [above] OF THIS PARAGRAPH, or a person
married or related in the first degree to such  a  person,  has  greater
than  a ten [per centum] PERCENT proprietary, equitable or credit inter-
est or in which such a person is active or employed.
  § 2. This act shall take effect immediately.

                                SUBPART D

  Section  1.  Subdivision  1  of  section  130 of the executive law, as
amended by section 1 of part LL of chapter 56 of the laws of 2010, para-
graph (g) as separately amended by chapter 232  of  the  laws  2010,  is
amended to read as follows:
  1.  The secretary of state may appoint and commission as many notaries
public for the state of New York as in his or her judgment may be deemed
best, whose jurisdiction shall be co-extensive with  the  boundaries  of
the  state.  The  appointment  of a notary public shall be for a term of
four years. An application for an appointment as notary public shall  be
in  form  and  set  forth  such  matters as the secretary of state shall
prescribe. Every person appointed as notary public must, at the time  of
his  or  her appointment, be a citizen of the United States and either a
resident of the state of New York or have an office or place of business
in New York state. A notary public who is a resident of  the  state  and
who moves out of the state but still maintains a place of business or an
office  in  New York state does not vacate his or her office as a notary
public. A notary public who is a nonresident and who ceases to  have  an
office  or place of business in this state, vacates his or her office as
a notary public. A notary public who is a resident of New York state and
moves out of the state and who does not retain an  office  or  place  of
business  in  this  state  shall  vacate  his  or her office as a notary
public. A non-resident who accepts the office of notary public  in  this
state  thereby  appoints  the secretary of state as the person upon whom
process can be served on his or her behalf. Before issuing to any appli-
cant a commission as notary public, unless he or she be an attorney  and
counsellor  at  law  duly  admitted to practice in this state or a court
clerk of the unified court system who has been appointed to  such  posi-
tion  after  taking a civil service promotional examination in the court
clerk series of titles, the secretary of state shall satisfy himself  or
herself  that  the  applicant is of good moral character, has the equiv-
alent of a common school education and is familiar with the  duties  and
responsibilities  of  a  notary  public; provided, however, that where a
notary public applies, before the expiration of his  or  her  term,  for
reappointment  with  the  county  clerk  or where a person whose term as
notary public shall have expired applies within  six  months  thereafter
for  reappointment as a notary public with the county clerk, such quali-
fying requirements may be waived by the secretary of state, and further,
where an application for reappointment is filed with  the  county  clerk
after  the  expiration  of the aforementioned renewal period by a person
who failed or was unable to re-apply by reason of his or  her  induction
or  enlistment in the armed forces of the United States, such qualifying
requirements may also be waived by the secretary of state, provided such
application for reappointment is made within a period of one year  after
the  military  discharge  of  the  applicant under conditions other than
dishonorable. In any case,  the  appointment  or  reappointment  of  any
applicant  is in the discretion of the secretary of state. The secretary
of state may suspend or remove from office, for misconduct,  any  notary

S. 1505                            172                           A. 2005

public  appointed by him or her but no such removal shall be made unless
the person who is sought to be removed shall have  been  served  with  a
copy  of the charges against him or her and have an opportunity of being
heard.  No person shall be appointed as a notary public under this arti-
cle who has been convicted, in this state or any other state or territo-
ry, of a [felony or any of the following offenses, to wit:
  (a) Illegally using, carrying or possessing a pistol or other  danger-
ous  weapon;  (b) making or possessing burglar's instruments; (c) buying
or receiving or criminally  possessing  stolen  property;  (d)  unlawful
entry  of  a  building;  (e)  aiding  escape from prison; (f) unlawfully
possessing or distributing habit forming narcotic drugs;  (g)  violating
sections  two hundred seventy, two hundred seventy-a, two hundred seven-
ty-b, two hundred seventy-c, two hundred seventy-one, two hundred seven-
ty-five, two hundred  seventy-six,  five  hundred  fifty,  five  hundred
fifty-one,  five hundred fifty-one-a and subdivisions six, ten or eleven
of section seven hundred twenty-two of the former penal law as in  force
and  effect  immediately  prior  to  September  first,  nineteen hundred
sixty-seven, or violating sections 165.25, 165.30 or subdivision one  of
section  240.30  of  the  penal  law, or violating sections four hundred
seventy-eight, four hundred  seventy-nine,  four  hundred  eighty,  four
hundred  eighty-one,  four hundred eighty-four, four hundred eighty-nine
and four hundred ninety-one of the judiciary law;  or  (h)  vagrancy  or
prostitution,  and who has not subsequent to such conviction received an
executive pardon therefor or a certificate of relief  from  disabilities
or a certificate of good conduct pursuant to article twenty-three of the
correction  law  to  remove the disability under this section because of
such conviction] CRIME, UNLESS THE SECRETARY MAKES A FINDING IN CONFORM-
ANCE  WITH  ALL  APPLICABLE  STATUTORY  REQUIREMENTS,  INCLUDING   THOSE
CONTAINED  IN  ARTICLE  TWENTY-THREE-A  OF THE CORRECTION LAW, THAT SUCH
CONVICTIONS DO NOT CONSTITUTE A BAR TO EMPLOYMENT.
  § 2. This act shall take effect immediately.

                                SUBPART E

  Section 1. Paragraphs 1 and 5 of subdivision (a) of section  189-a  of
the  general municipal law, as added by chapter 574 of the laws of 1978,
are amended to read as follows:
  (1) a person convicted of a crime [who has not received  a  pardon,  a
certificate  of  good  conduct or a certificate of relief from disabili-
ties] IF THERE IS A DIRECT RELATIONSHIP  BETWEEN  ONE  OR  MORE  OF  THE
PREVIOUS  CRIMINAL  OFFENSES  AND  THE INTEGRITY OR SAFETY OF CHARITABLE
GAMING, CONSIDERING THE FACTORS SET FORTH IN ARTICLE  TWENTY-THREE-A  OF
THE CORRECTION LAW;
  (5)  a  firm or corporation in which a person defined in [subdivision]
PARAGRAPH (1), (2), (3) or (4) [above] OF THIS SUBDIVISION  has  greater
than  a ten [per centum] PERCENT proprietary, equitable or credit inter-
est or in which such a person is active or employed.
  § 2. Paragraph (a) of subdivision 1 of  section  191  of  the  general
municipal  law, as amended by section 15 of part LL of chapter 56 of the
laws of 2010, is amended to read as follows:
  (a) Issuance of licenses to conduct games of chance. If such clerk  or
department [shall determine] DETERMINES:
  (I)  that  the  applicant  is duly qualified to be licensed to conduct
games of chance under this article;
  (II) that the member or members of the  applicant  designated  in  the
application  to  manage  games of chance are bona fide active members of

S. 1505                            173                           A. 2005

the applicant and are persons of good moral  character  and  have  never
been  convicted of a crime[, or,] if [convicted, have received a pardon,
a certificate of good conduct or a certificate of relief from  disabili-
ties  pursuant to article twenty-three of the correction law] THERE IS A
DIRECT RELATIONSHIP  BETWEEN  ONE  OR  MORE  OF  THE  PREVIOUS  CRIMINAL
OFFENSES  AND  THE INTEGRITY OR SAFETY OF CHARITABLE GAMING, CONSIDERING
THE FACTORS SET FORTH IN ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW;
  (III) that such games are to  be  conducted  in  accordance  with  the
provisions  of  this  article and in accordance with the rules and regu-
lations of the [board] GAMING COMMISSION and applicable  local  laws  or
ordinances  and  that  the  proceeds  thereof  are  to be disposed of as
provided by this article[,]; and
  [if such clerk or department is satisfied] (IV)  that  no  commission,
salary,  compensation,  reward  or  recompense  whatever will be paid or
given to any person managing, operating or assisting therein  except  as
in  this  article otherwise provided; [it] THEN SUCH CLERK OR DEPARTMENT
shall issue a license to the applicant  for  the  conduct  of  games  of
chance  upon  payment  of  a license fee of twenty-five dollars for each
license period.
  § 3. Subdivision 9 of section 476 of the  general  municipal  law,  as
amended by chapter 1057 of the laws of 1965, paragraph (a) as amended by
section  16  of part LL of chapter 56 of the laws of 2010, is amended to
read as follows:
  9. "Authorized commercial lessor" shall mean a person, firm or  corpo-
ration  other  than  a licensee to conduct bingo under the provisions of
this article, who or which [shall own] OWNS or [be] IS a net  lessee  of
premises  and offer the same for leasing by him, HER or it to an author-
ized organization for any consideration whatsoever, direct or  indirect,
for  the  purpose  of conducting bingo therein, provided that he, SHE or
it, as the case may be, shall not be
  (a) a person convicted of a crime [who has not received a pardon or  a
certificate of good conduct or a certificate of relief from disabilities
pursuant  to]  IF  THERE IS A DIRECT RELATIONSHIP BETWEEN ONE OR MORE OF
THE PREVIOUS CRIMINAL OFFENSES AND THE INTEGRITY  OR  SAFETY  OF  BINGO,
CONSIDERING   THE   FACTORS   SET   FORTH   IN   article  [twenty-three]
TWENTY-THREE-A of the correction law;
  (b) a person who is or has been a  professional  gambler  or  gambling
promoter or who for other reasons is not of good moral character;
  (c)  a  public officer who receives any consideration, direct or indi-
rect, as owner or lessor of premises offered for the purpose of conduct-
ing bingo therein;
  (d) a firm or corporation in which a person defined  in  [subdivision]
PARAGRAPH  (a),  (b)  or  (c)  [above]  OF  THIS SUBDIVISION or a person
married or related in the first degree to such a person has greater than
a ten [percentum (10%)] PERCENT proprietary, equitable or credit  inter-
est or in which such a person is active or employed.
  Nothing  contained  in  this subdivision shall be construed to bar any
firm or corporation [which] THAT is not organized for  pecuniary  profit
and  no  part  of  the net earnings of which inure to the benefit of any
individual, member, or shareholder, from being an authorized  commercial
lessor  solely  because a public officer, or a person married or related
in the first degree to a public officer, is a member of,  active  in  or
employed by such firm or corporation.
  §  4.  Paragraph  (a)  of  subdivision 1 of section 481 of the general
municipal law, as amended by section 5 of part MM of chapter 59  of  the
laws of 2017, is amended to read as follows:

S. 1505                            174                           A. 2005

  (a)  Issuance  of  licenses to conduct bingo. If the governing body of
the municipality determines:
  (I)  that  the  applicant  is duly qualified to be licensed to conduct
bingo under this article;
  (II) that the member or members of the  applicant  designated  in  the
application  to  conduct bingo are bona fide active members OR AUXILIARY
MEMBERS of the applicant and are persons of  good  moral  character  and
have  never been convicted of a crime [or, if convicted, have received a
pardon or a certificate of good conduct or a certificate of relief  from
disabilities  pursuant  to  article  twenty-three]  IF THERE IS A DIRECT
RELATIONSHIP BETWEEN ONE OR MORE OF THE PREVIOUS CRIMINAL  OFFENSES  AND
THE  INTEGRITY  OR SAFETY OF BINGO, CONSIDERING THE FACTORS SET FORTH IN
ARTICLE TWENTY-THREE-A of the correction law;
  (III) that such games of bingo are to be conducted in accordance  with
the  provisions  of  this  article  and in accordance with the rules and
regulations of the commission[, and];
  (IV) that the proceeds thereof are to be disposed of  as  provided  by
this article[, and if the governing body is satisfied];
  (V)  that  no  commission,  salary, compensation, reward or recompense
[what so ever] WHATSOEVER will be paid or given to any  person  holding,
operating  or  conducting  or  assisting  in  the holding, operation and
conduct of any such games of bingo except as in this  article  otherwise
provided; and
  (VI)  that  no prize will be offered and given in excess of the sum or
value of five thousand dollars in any single game OF BINGO and that  the
aggregate  of all prizes offered and given in all of such games OF BINGO
conducted on a single occasion[,] under said license  shall  not  exceed
the  sum  or  value  of  fifteen thousand dollars, then the municipality
shall issue a license to the applicant for the  conduct  of  bingo  upon
payment  of a license fee of eighteen dollars and seventy-five cents for
each bingo occasion[; provided, however, that].
  NOTWITHSTANDING ANYTHING  TO  THE  CONTRARY  IN  THIS  PARAGRAPH,  the
governing  body  shall refuse to issue a license to an applicant seeking
to conduct bingo in premises of a licensed commercial lessor where  such
governing  body determines that the premises presently owned or occupied
by such applicant  are  in  every  respect  adequate  and  suitable  for
conducting bingo games.
  § 5. This act shall take effect immediately.

                                SUBPART F

  Section 1. Paragraphs 3 and 4 of subsection (d) of section 2108 of the
insurance law are REPEALED, and paragraph 5 is renumbered paragraph 3.
  § 2. This act shall take effect immediately.

                                SUBPART G

  Section 1. Section 440-a of the real property law, as amended by chap-
ter  81 of the laws of 1995, the first undesignated paragraph as amended
by section 23 of part LL of chapter 56 of the laws of 2010,  is  amended
to read as follows:
  §  440-a.  License  required  for real estate brokers and salesmen. No
person, co-partnership, limited liability company or  corporation  shall
engage  in  or  follow the business or occupation of, or hold himself or
itself out or act temporarily or otherwise as a real  estate  broker  or
real  estate  salesman  in  this state without first procuring a license

S. 1505                            175                           A. 2005

therefor as provided in this article. No person shall be entitled  to  a
license  as  a real estate broker under this article, either as an indi-
vidual or as a member of a co-partnership, or as a member or manager  of
a limited liability company or as an officer of a corporation, unless he
or she is twenty years of age or over, a citizen of the United States or
an alien lawfully admitted for permanent residence in the United States.
No person shall be entitled to a license as a real estate salesman under
this  article  unless  he  or  she is over the age of eighteen years. No
person shall be entitled to a license as a real estate  broker  or  real
estate  salesman under this article who has been convicted in this state
or elsewhere of a [felony, of a sex offense, as defined  in  subdivision
two  of  section  one hundred sixty-eight-a of the correction law or any
offense committed outside of this state which  would  constitute  a  sex
offense,  or a sexually violent offense, as defined in subdivision three
of section one hundred  sixty-eight-a  of  the  correction  law  or  any
offense  committed  outside this state which would constitute a sexually
violent offense, and who has not subsequent to such conviction  received
executive  pardon  therefor or a certificate of relief from disabilities
or a certificate of good conduct pursuant to article twenty-three of the
correction law, to remove the disability under this section  because  of
such conviction] CRIME, UNLESS THE SECRETARY MAKES A FINDING IN CONFORM-
ANCE   WITH  ALL  APPLICABLE  STATUTORY  REQUIREMENTS,  INCLUDING  THOSE
CONTAINED IN ARTICLE TWENTY-THREE-A OF THE  CORRECTION  LAW,  THAT  SUCH
CONVICTIONS  DO  NOT  CONSTITUTE  A BAR TO LICENSURE. No person shall be
entitled to a license as a real estate broker or  real  estate  salesman
under  this  article who does not meet the requirements of section 3-503
of the general obligations law.
  Notwithstanding [the above] ANYTHING TO THE CONTRARY IN THIS  SECTION,
tenant  associations[,]  and  not-for-profit  corporations authorized in
writing by the commissioner of the department of the city  of  New  York
charged with enforcement of the housing maintenance code of such city to
manage  residential  property owned by such city or appointed by a court
of competent jurisdiction to manage residential property owned  by  such
city  shall be exempt from the licensing provisions of this section with
respect to the properties so managed.
  § 2. This act shall take effect immediately.

                                SUBPART H

  Section 1. Subdivision 5 of section 336-f of the social services  law,
as added by section 148 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
  5.  The  social  services district shall require every private or not-
for-profit employer that intends to  hire  one  or  more  work  activity
participants to certify to the district [that] WHETHER such employer has
[not], in the past five years, been convicted of a felony or a misdemea-
nor  the  underlying basis of which involved workplace safety and health
or  labor  standards.  Such  employer  shall  also  certify  as  to  all
violations issued by the department of labor within the past five years.
The social services official in the district in which the participant is
placed  shall  determine  whether  there  is a pattern of CONVICTIONS OR
violations sufficient  to  render  the  potential  employer  ineligible.
Employers  who  submit  false  information  under  this section shall be
subject to criminal prosecution for filing a false instrument.
  § 2. This act shall take effect immediately.

S. 1505                            176                           A. 2005

                                SUBPART I

  Section  1.  Subdivision  9  of section 394 of the vehicle and traffic
law, as separately renumbered by chapters 300 and 464  of  the  laws  of
1960, is amended to read as follows:
  9.  Employees. [No licensee shall knowingly employ, in connection with
a driving school in any capacity whatsoever, any  person  who  has  been
convicted  of  a felony, or of any crime involving violence, dishonesty,
deceit, indecency, degeneracy or moral turpitude]  A  LICENSEE  MAY  NOT
EMPLOY,  IN CONNECTION WITH A DRIVING SCHOOL IN ANY CAPACITY WHATSOEVER,
A PERSON WHO HAS BEEN CONVICTED OF A CRIME, IF,  AFTER  CONSIDERING  THE
FACTORS  SET  FORTH IN ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW, THE
LICENSEE DETERMINES THAT THERE IS  A  DIRECT  RELATIONSHIP  BETWEEN  THE
CONVICTION  AND  EMPLOYMENT  IN  THE  DRIVING SCHOOL, OR THAT EMPLOYMENT
WOULD CONSTITUTE AN UNREASONABLE RISK TO PROPERTY OR TO  THE  SAFETY  OF
STUDENTS,  CUSTOMERS,  OR  EMPLOYEES  OF  THE  DRIVING SCHOOL, OR TO THE
GENERAL PUBLIC.
  § 2. This act shall take effect immediately.

                                SUBPART J

  Section 1. Legislative findings. This Subpart will remove an overbroad
mandatory suspension of drivers' licenses  for  six  months  for  people
convicted  of  state  and  federal  drug  crimes, that is unnecessary to
protect the safety of New York roads, as the vehicle and traffic law has
other provisions to suspend licenses when drug  use  has  impaired  safe
driving.  The mandatory suspension, and the fees associated with lifting
it, interferes with the ability of people convicted of  drug  crimes  to
work, attend treatment and otherwise live productive lives, all of which
are  necessary  for their rehabilitation. At any given time, about 8,000
New Yorkers have their licenses suspended because of non-driving related
drug convictions.  This mandatory suspension was instituted in  response
to federal law requiring states to either suspend the licenses of people
convicted  of  drug offenses, or pass a resolution expressing opposition
to the bill, or lose eight percent of federal highway  funding.  Concur-
rent  with  this bill, Resolution ___ is being presented to the legisla-
ture for their action; the Resolution contains the required statement of
opposition to mandatory  suspension  of  driver's  licenses  for  people
convicted  of  drug  crimes  in order for New York's federal funding for
highways to be maintained. By passing the Resolution  and  removing  the
mandatory  suspension, New York will join 40 other states who have taken
this action.
  § 2. Subparagraphs (v), (vi) and (vii) of paragraph b of subdivision 2
of section 510 of the vehicle and traffic law are REPEALED.
  § 3. This act shall take effect immediately.

                                SUBPART K

  Section 1.  Legislative  findings.  The  legislature  finds  that  law
enforcement  booking  information  and  photographs,  otherwise known as
"mugshots," are published on the internet  and  other  public  platforms
with impunity. An individual's mugshot is displayed publicly even if the
arrest  does  not  lead  to  a  conviction,  or  the conviction is later
expunged, sealed, or pardoned.  This practice presents  an  unacceptable
invasion of the individual's personal privacy. While there is a well-es-
tablished  Constitutional  right for the press and the public to publish

S. 1505                            177                           A. 2005

government records which are in the public  domain  or  that  have  been
lawfully accessed, arrest and booking information have not been found by
courts  to  have  the  same  public  right  of  access as criminal court
proceedings  or  court  filings. Therefore, each state can set access to
this information through its Freedom of Information  laws.  The  federal
government  has  already  limited  access to booking photographs through
privacy formulations in its Freedom of Information Act, and the legisla-
ture hereby declares that New York will follow  the  same  principle  to
protect  its residents from this unwarranted invasion of personal priva-
cy, absent a specific law enforcement purpose, such as disclosure  of  a
photograph  to  alert  victims  or witnesses to come forward to aid in a
criminal investigation.
  § 2. Paragraph (b) of subdivision 2 of section 89 of the public  offi-
cers  law,  as amended by section 11 of part U of chapter 61 of the laws
of 2011, is amended to read as follows:
  (b) An unwarranted invasion of personal privacy  includes,  but  shall
not be limited to:
  i.  disclosure  of employment, medical or credit histories or personal
references of applicants for employment;
  ii. disclosure of items involving the medical or personal records of a
client or patient in a medical facility;
  iii. sale or release of lists of names and  addresses  if  such  lists
would be used for solicitation or fund-raising purposes;
  iv.  disclosure  of  information  of a personal nature when disclosure
would result in economic or personal hardship to the subject  party  and
such information is not relevant to the work of the agency requesting or
maintaining it;
  v.  disclosure  of information of a personal nature reported in confi-
dence to an agency and not relevant to the ordinary work of such agency;
  vi. information of a personal nature contained in a  workers'  compen-
sation  record,  except  as provided by section one hundred ten-a of the
workers' compensation law; [or]
  vii. disclosure of electronic contact information, such as  an  e-mail
address  or  a  social  network username, that has been collected from a
taxpayer under section one hundred four of the real property tax law; OR
  VIII. DISCLOSURE OF LAW ENFORCEMENT BOOKING INFORMATION ABOUT AN INDI-
VIDUAL, INCLUDING BOOKING PHOTOGRAPHS, UNLESS  PUBLIC  RELEASE  OF  SUCH
INFORMATION WILL SERVE A SPECIFIC LAW ENFORCEMENT PURPOSE AND DISCLOSURE
IS NOT PRECLUDED BY ANY STATE OR FEDERAL LAWS.
  § 3. This act shall take effect immediately.

                                SUBPART L

  Section  1. The executive law is amended by adding a new section 845-c
to read as follows:
  § 845-C. CRIMINAL HISTORY RECORD SEARCHES; UNDISPOSED CASES. 1.  WHEN,
PURSUANT  TO  STATUTE  OR  THE REGULATIONS OF THE DIVISION, THE DIVISION
CONDUCTS A SEARCH OF ITS CRIMINAL HISTORY RECORDS AND RETURNS  A  REPORT
THEREON,  ALL  REFERENCES TO UNDISPOSED CASES CONTAINED IN SUCH CRIMINAL
HISTORY RECORD SHALL BE EXCLUDED FROM SUCH REPORT.
  2. FOR PURPOSES OF THIS SECTION, "UNDISPOSED CASE" SHALL MEAN A CRIMI-
NAL ACTION OR PROCEEDING IDENTIFIED IN THE DIVISION'S  CRIMINAL  HISTORY
RECORD REPOSITORY, FOR WHICH THERE IS NO RECORD OF AN UNEXECUTED WARRANT
OF  ARREST,  SUPERIOR COURT WARRANT OF ARREST, OR BENCH WARRANT, AND FOR
WHICH THERE IS NO RECORD OF CONVICTION  OR  IMPOSITION  OF  SENTENCE  OR
OTHER FINAL DISPOSITION, OTHER THAN THE ISSUANCE OF AN APPARENTLY UNEXE-

S. 1505                            178                           A. 2005

CUTED  WARRANT, HAS BEEN RECORDED AND WITH RESPECT TO WHICH NO ENTRY HAS
BEEN MADE IN THE DIVISION'S CRIMINAL HISTORY RECORDS FOR A PERIOD OF  AT
LEAST  FIVE YEARS PRECEDING THE ISSUANCE OF SUCH REPORT. WHEN A CRIMINAL
ACTION  IN  THE DIVISION'S CRIMINAL HISTORY RECORD REPOSITORY BECOMES AN
UNDISPOSED CASE PURSUANT TO THIS SECTION, THE DIVISION SHALL NOTIFY  THE
DISTRICT  ATTORNEY IN THE COUNTY WHICH HAS JURISDICTION. IF THE DISTRICT
ATTORNEY NOTIFIES THE DIVISION THAT SUCH CASE IS PENDING AND SHOULD  NOT
MEET  THE  DEFINITION  OF  AN  UNDISPOSED  CASE,  THE  CASE SHALL NOT BE
EXCLUDED FROM SUCH REPORT.
  3. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL  NOT  APPLY
TO  CRIMINAL HISTORY RECORD INFORMATION: (A) PROVIDED BY THE DIVISION TO
QUALIFIED AGENCIES PURSUANT TO SUBDIVISION SIX OF SECTION EIGHT  HUNDRED
THIRTY-SEVEN  OF  THIS  ARTICLE,  OR TO FEDERAL OR STATE LAW ENFORCEMENT
AGENCIES, FOR CRIMINAL JUSTICE PURPOSES; (B) PREPARED SOLELY FOR A  BONA
FIDE  RESEARCH  PURPOSE; OR (C) PREPARED FOR THE INTERNAL RECORD KEEPING
OR CASE MANAGEMENT PURPOSES OF THE DIVISION.
  § 2. Subdivision 2 of section 212 of the judiciary law is  amended  by
adding a new paragraph (x) to read as follows:
  (X)  TAKE  SUCH ACTIONS AND ADOPT SUCH MEASURES AS MAY BE NECESSARY TO
ENSURE THAT NO WRITTEN OR ELECTRONIC REPORT OF A CRIMINAL HISTORY RECORD
SEARCH CONDUCTED BY THE OFFICE OF COURT  ADMINISTRATION,  OTHER  THAN  A
SEARCH  CONDUCTED  SOLELY FOR THE INTERNAL RECORDKEEPING OR CASE MANAGE-
MENT PURPOSES OF THE JUDICIARY OR FOR  A  BONA  FIDE  RESEARCH  PURPOSE,
CONTAINS  INFORMATION  RELATING  TO  AN UNDISPOSED CASE. FOR PURPOSES OF
THIS PARAGRAPH, "UNDISPOSED  CASE"  SHALL  MEAN  A  CRIMINAL  ACTION  OR
PROCEEDING,  OR  AN  ARREST  INCIDENT, APPEARING IN THE CRIMINAL HISTORY
RECORDS OF THE OFFICE OF COURT ADMINISTRATION FOR WHICH  NO  CONVICTION,
IMPOSITION  OF  SENTENCE,  ORDER  OF REMOVAL OR OTHER FINAL DISPOSITION,
OTHER THAN THE ISSUANCE OF AN APPARENTLY UNEXECUTED  WARRANT,  HAS  BEEN
RECORDED  AND  WITH  RESPECT  TO  WHICH  NO  ENTRY HAS BEEN MADE IN SUCH
RECORDS FOR A PERIOD OF AT LEAST FIVE YEARS PRECEDING  THE  ISSUANCE  OF
SUCH  REPORT.  NOTHING  CONTAINED  IN  THIS PARAGRAPH SHALL BE DEEMED TO
PERMIT OR REQUIRE THE RELEASE, DISCLOSURE OR OTHER DISSEMINATION BY  THE
OFFICE  OF  COURT  ADMINISTRATION OF CRIMINAL HISTORY RECORD INFORMATION
THAT HAS BEEN SEALED IN ACCORDANCE WITH LAW.
  § 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law and  shall  apply  to  searches  of  criminal
history records conducted on or after such date. Prior to such effective
date,  the  division  of criminal justice services, in consultation with
the state administrator of the unified court system as well as any other
public or private agency, shall undertake such measures as may be neces-
sary and appropriate to update its criminal history records with respect
to criminal cases and arrest incidents for which  no  final  disposition
has been reported.

                                SUBPART M

  Section  1.  The  commissioner  of  the  division  of criminal justice
services is authorized to direct that records of any action or  proceed-
ing  terminated in favor of the accused, as defined by section 160.50 of
the criminal procedure law, on or after September  1,  1976  and  before
November 1, 1991 maintained by the division of criminal justice services
be  sealed  in the manner provided for by section 160.50 of the criminal
procedure law.  The commissioner of the  division  of  criminal  justice
services  is  further authorized to direct that records of any action or
proceeding terminated by a conviction for  a  traffic  infraction  or  a

S. 1505                            179                           A. 2005

violation, other than a violation of loitering as described in paragraph
(d)  or (e) of subdivision 1 of section 160.50 of the criminal procedure
law or the violation of operating a motor vehicle while ability impaired
as described in subdivision one of section 1192 of the vehicle and traf-
fic  law on or after September 1, 1980 and before November 1, 1991 main-
tained by the division of criminal justice services  be  sealed  in  the
manner provided for by section 160.55 of the criminal procedure law.
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

                                SUBPART N

  Section  1. The executive law is amended by adding a new section 845-d
to read as follows:
  § 845-D. CRIMINAL RECORD SEARCHES; ARREST CHARGES WITHOUT  CORRESPOND-
ING CONVICTIONS OR VIOLATIONS. 1. WHEN, PURSUANT TO STATUTE OR THE REGU-
LATIONS  OF THE DIVISION, THE DIVISION CONDUCTS A SEARCH OF ITS CRIMINAL
HISTORY RECORDS AND RETURNS A REPORT  THEREON,  IN  ARREST  CYCLES  THAT
RESULT  IN AT LEAST ONE CONVICTION OR VIOLATION, ALL ARREST AND ARRAIGN-
MENT CHARGES IN THAT  CYCLE  THAT  DO  NOT  RESULT  IN  A  CORRESPONDING
CONVICTION SHALL BE EXCLUDED FROM SUCH REPORT.
  2. FOR PURPOSES OF THIS SECTION, "CORRESPONDING CONVICTION" SHALL MEAN
A  CONVICTION OR VIOLATION CHARGE THAT MATCHES ONE OR MORE OF THE ARREST
OR ARRAIGNMENT CHARGES.
  3. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL  NOT  APPLY
TO  CRIMINAL HISTORY RECORDS:  (A) PROVIDED BY THE DIVISION TO QUALIFIED
AGENCIES PURSUANT TO SUBDIVISION SIX OF SECTION  EIGHT  HUNDRED  THIRTY-
SEVEN  OF THIS ARTICLE, OR TO FEDERAL OR STATE LAW ENFORCEMENT AGENCIES,
FOR CRIMINAL JUSTICE PURPOSES; (B)  PREPARED  SOLELY  FOR  A  BONA  FIDE
RESEARCH  PURPOSE;  OR  (C)  PREPARED FOR THE INTERNAL RECORD KEEPING OR
CASE MANAGEMENT PURPOSES OF THE DIVISION.
  § 2. Subdivision 2 of section 212 of the judiciary law is  amended  by
adding a new paragraph (y) to read as follows:
  (Y)  TAKE  SUCH ACTIONS AND ADOPT SUCH MEASURES AS MAY BE NECESSARY TO
ENSURE THAT NO WRITTEN OR ELECTRONIC REPORT OF A CRIMINAL HISTORY RECORD
SEARCH CONDUCTED BY THE OFFICE OF COURT ADMINISTRATION THAT CONTAINS  AN
ARREST  CYCLE AND A CRIMINAL CONVICTION OR VIOLATION RESULTING FROM THAT
ARREST, OTHER THAN A SEARCH CONDUCTED FOR THE INTERNAL RECORDKEEPING  OR
CASE MANAGEMENT PURPOSES OF THE JUDICIARY, OR PRODUCED TO THE COURT, THE
PEOPLE, AND DEFENSE COUNSEL IN A CRIMINAL PROCEEDING, OR FOR A BONA FIDE
RESEARCH  PURPOSE,  CONTAINS INFORMATION RELATING TO ARREST AND ARRAIGN-
MENT CHARGES THAT DO NOT RESULT IN  A  CORRESPONDING  CONVICTION.    FOR
PURPOSES  OF  THIS  SECTION,  "CORRESPONDING  CONVICTION"  SHALL  MEAN A
CONVICTION OR VIOLATION CHARGE THAT MATCHES ONE OR MORE OF THE ARREST OR
ARRAIGNMENT CHARGES.
  § 3. This act shall take effect immediately.

                                SUBPART O

  Section 1. This Subpart amends the human rights law  to  specify  that
considering  arrests that are followed by an order adjourning the crimi-
nal action in contemplation of dismissal,  which  adjournments  are  not
convictions  or admissions of guilt under section 170.55 of the criminal
procedure  law,  is  an  unlawful  discriminatory  practice  for   civil
purposes.  This  Subpart  amends the human rights law to clarify as well
that adjourning the criminal action in contemplation of dismissal is not

S. 1505                            180                           A. 2005

a pending arrest for purposes of this Subpart, unless the case has  been
restored  to  the calendar. This Subpart also amends the same section of
the law to add housing and volunteer positions to employment and licens-
ing to the civil purposes for which past arrest information that did not
result in a conviction or violation can be used.
  § 2. Subdivision 16 of section 296 of the executive law, as amended by
section  48-a  of part WWW of chapter 59 of the laws of 2017, is amended
to read as follows:
  16. It shall be an unlawful discriminatory  practice,  unless  specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation  or  otherwise,  or  to  act  upon  adversely  to  the individual
involved, any arrest or criminal accusation of such individual not  then
pending  against  that individual which was followed by a termination of
that criminal action or proceeding  in  favor  of  such  individual,  as
defined  in  subdivision two of section 160.50 of the criminal procedure
law, OR BY AN ORDER ADJOURNING THE CRIMINAL ACTION IN  CONTEMPLATION  OF
DISMISSAL, PURSUANT TO SECTION 170.55, 170.56, 210.46, 210.47, OR 215.10
OF  THE  CRIMINAL PROCEDURE LAW, or by a youthful offender adjudication,
as defined in subdivision one of section 720.35 of the  criminal  proce-
dure  law, or by a conviction for a violation sealed pursuant to section
160.55 of the criminal procedure law or by a conviction which is  sealed
pursuant  to  section 160.59 or 160.58 of the criminal procedure law, in
connection with the licensing, HOUSING, employment, INCLUDING  VOLUNTEER
POSITIONS,  or  providing  of  credit  or  insurance to such individual;
provided, further, that no person shall be required to divulge  informa-
tion  pertaining to any arrest or criminal accusation of such individual
not then pending against that individual which was followed by a  termi-
nation  of  that criminal action or proceeding in favor of such individ-
ual, as defined in subdivision two of section  160.50  of  the  criminal
procedure  law, OR BY AN ORDER ADJOURNING THE CRIMINAL ACTION IN CONTEM-
PLATION OF DISMISSAL, PURSUANT TO SECTION 170.55 OR 170.56 OF THE CRIMI-
NAL PROCEDURE LAW, or by a youthful offender adjudication, as defined in
subdivision one of section 720.35 of the criminal procedure law, or by a
conviction for a violation sealed pursuant  to  section  160.55  of  the
criminal  procedure  law, or by a conviction which is sealed pursuant to
section 160.58 or 160.59 of the criminal procedure law.  The  provisions
of  this  subdivision  shall  not  apply  to the licensing activities of
governmental bodies in relation to the regulation of guns, firearms  and
other  deadly weapons or in relation to an application for employment as
a police officer or peace officer as those terms are defined in subdivi-
sions thirty-three and thirty-four  of  section  1.20  of  the  criminal
procedure  law; provided further that the provisions of this subdivision
shall not apply to an application for employment or  membership  in  any
law enforcement agency with respect to any arrest or criminal accusation
which  was  followed  by a youthful offender adjudication, as defined in
subdivision one of section 720.35 of the criminal procedure law, or by a
conviction for a violation sealed pursuant  to  section  160.55  of  the
criminal  procedure  law, or by a conviction which is sealed pursuant to
section 160.58 or 160.59 of the criminal procedure law. FOR PURPOSES  OF
THIS SUBDIVISION, AN ACTION WHICH HAS BEEN ADJOURNED IN CONTEMPLATION OF
DISMISSAL,  PURSUANT  TO SECTION 170.55 OR 170.56 OF THE CRIMINAL PROCE-
DURE LAW, SHALL NOT BE CONSIDERED A PENDING ACTION, UNLESS THE CASE  HAS
BEEN RESTORED TO THE CALENDAR.

S. 1505                            181                           A. 2005

  §  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                SUBPART P

  Section  1. The executive law is amended by adding a new section 259-t
to read as follows:
  § 259-T. RELEASE ON COMPASSIONATE PAROLE FOR INMATES WHO ARE  AFFECTED
BY  AN  AGE-RELATED  DEBILITY.  1. (A) THE BOARD SHALL HAVE THE POWER TO
RELEASE ON COMPASSIONATE PAROLE ANY INMATE WHO IS  AT  LEAST  FIFTY-FIVE
YEARS OF AGE, SERVING AN INDETERMINATE OR DETERMINATE SENTENCE OF IMPRI-
SONMENT  WHO,  PURSUANT  TO  SUBDIVISION  TWO  OF THIS SECTION, HAS BEEN
CERTIFIED TO BE SUFFERING FROM A CHRONIC OR SERIOUS CONDITION,  DISEASE,
SYNDROME, OR INFIRMITY, EXACERBATED BY AGE, THAT HAS RENDERED THE INMATE
SO PHYSICALLY OR COGNITIVELY DEBILITATED OR INCAPACITATED THAT THE ABIL-
ITY TO PROVIDE SELF-CARE WITHIN THE ENVIRONMENT OF A CORRECTIONAL FACIL-
ITY IS SUBSTANTIALLY DIMINISHED, PROVIDED, HOWEVER, THAT NO INMATE SERV-
ING A SENTENCE IMPOSED UPON A CONVICTION FOR MURDER IN THE FIRST DEGREE,
AGGRAVATED  MURDER  OR  AN ATTEMPT OR CONSPIRACY TO COMMIT MURDER IN THE
FIRST DEGREE OR AGGRAVATED MURDER OR A SENTENCE OF LIFE  WITHOUT  PAROLE
SHALL  BE ELIGIBLE FOR SUCH RELEASE, AND PROVIDED FURTHER THAT NO INMATE
SHALL BE ELIGIBLE FOR SUCH RELEASE UNLESS IN THE CASE OF  AN  INDETERMI-
NATE  SENTENCE  HE  OR  SHE  HAS SERVED AT LEAST ONE-HALF OF THE MINIMUM
PERIOD OF THE SENTENCE AND IN THE CASE OF A DETERMINATE SENTENCE  HE  OR
SHE  HAS  SERVED AT LEAST ONE-HALF OF THE TERM OF HIS OR HER DETERMINATE
SENTENCE. SOLELY FOR THE PURPOSE  OF  DETERMINING  COMPASSIONATE  PAROLE
ELIGIBILITY PURSUANT TO THIS SECTION, SUCH ONE-HALF OF THE MINIMUM PERI-
OD  OF THE INDETERMINATE SENTENCE AND ONE-HALF OF THE TERM OF THE DETER-
MINATE SENTENCE SHALL NOT BE CREDITED WITH ANY  TIME  SERVED  UNDER  THE
JURISDICTION  OF  THE  DEPARTMENT  PRIOR  TO  THE  COMMENCEMENT  OF SUCH
SENTENCE PURSUANT TO THE OPENING PARAGRAPH OF SUBDIVISION ONE OF SECTION
70.30 OF THE PENAL LAW OR SUBDIVISION TWO-A  OF  SECTION  70.30  OF  THE
PENAL  LAW,  EXCEPT  TO  THE  EXTENT  AUTHORIZED BY SUBDIVISION THREE OF
SECTION 70.30 OF THE PENAL LAW.
  (B) SUCH RELEASE SHALL BE  GRANTED  ONLY  AFTER  THE  BOARD  CONSIDERS
WHETHER, IN LIGHT OF THE INMATE'S CONDITION, THERE IS A REASONABLE PROB-
ABILITY  THAT  THE  INMATE, IF RELEASED, WILL LIVE AND REMAIN AT LIBERTY
WITHOUT VIOLATING THE LAW, AND THAT SUCH  RELEASE  IS  NOT  INCOMPATIBLE
WITH THE WELFARE OF SOCIETY AND WILL NOT SO DEPRECATE THE SERIOUSNESS OF
THE  CRIME  AS TO UNDERMINE RESPECT FOR THE LAW, AND SHALL BE SUBJECT TO
THE LIMITS AND CONDITIONS SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION.
IN MAKING THIS DETERMINATION, THE BOARD SHALL CONSIDER: (I) THE  FACTORS
DESCRIBED IN SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS
ARTICLE; (II) THE NATURE OF THE INMATE'S CONDITIONS, DISEASES, SYNDROMES
OR  INFIRMITIES  AND  THE  LEVEL  OF  CARE; (III) THE AMOUNT OF TIME THE
INMATE MUST SERVE BEFORE  BECOMING  ELIGIBLE  FOR  RELEASE  PURSUANT  TO
SECTION  TWO  HUNDRED FIFTY-NINE-I OF THIS ARTICLE; (IV) THE CURRENT AGE
OF THE INMATE AND HIS OR HER AGE AT THE TIME OF THE CRIME; AND  (V)  ANY
OTHER RELEVANT FACTOR.
  (C)  THE  BOARD  SHALL  AFFORD  NOTICE  TO  THE  SENTENCING COURT, THE
DISTRICT ATTORNEY, THE ATTORNEY FOR  THE  INMATE  AND,  WHERE  NECESSARY
PURSUANT  TO SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS
ARTICLE, THE CRIME VICTIM, THAT  THE  INMATE  IS  BEING  CONSIDERED  FOR
RELEASE  PURSUANT TO THIS SECTION AND THE PARTIES RECEIVING NOTICE SHALL
HAVE THIRTY DAYS TO COMMENT ON THE RELEASE OF  THE  INMATE.  RELEASE  ON

S. 1505                            182                           A. 2005

COMPASSIONATE  PAROLE  SHALL  NOT BE GRANTED UNTIL THE EXPIRATION OF THE
COMMENT PERIOD PROVIDED FOR IN THIS PARAGRAPH.
  2.  (A)  THE  COMMISSIONER, ON THE COMMISSIONER'S OWN INITIATIVE OR AT
THE REQUEST OF AN INMATE, OR AN INMATE'S SPOUSE, RELATIVE  OR  ATTORNEY,
MAY,  IN  THE  EXERCISE OF THE COMMISSIONER'S DISCRETION, DIRECT THAT AN
INVESTIGATION BE UNDERTAKEN TO DETERMINE WHETHER AN ASSESSMENT SHOULD BE
MADE OF AN INMATE WHO APPEARS TO BE SUFFERING FROM  CHRONIC  OR  SERIOUS
CONDITIONS,  DISEASES, SYNDROMES OR INFIRMITIES, EXACERBATED BY ADVANCED
AGE THAT HAS RENDERED THE INMATE SO PHYSICALLY  OR  COGNITIVELY  DEBILI-
TATED  OR INCAPACITATED THAT THE ABILITY TO PROVIDE SELF-CARE WITHIN THE
ENVIRONMENT OF A CORRECTIONAL FACILITY IS SUBSTANTIALLY DIMINISHED.  ANY
SUCH  MEDICAL  ASSESSMENT SHALL BE MADE BY A PHYSICIAN LICENSED TO PRAC-
TICE MEDICINE IN THIS STATE PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWEN-
TY-FOUR OF THE EDUCATION LAW. SUCH PHYSICIAN SHALL EITHER BE EMPLOYED BY
THE DEPARTMENT, SHALL RENDER PROFESSIONAL SERVICES AT THE REQUEST OF THE
DEPARTMENT, OR SHALL BE EMPLOYED BY A HOSPITAL OR MEDICAL FACILITY  USED
BY  THE  DEPARTMENT FOR THE MEDICAL TREATMENT OF INMATES. THE ASSESSMENT
SHALL BE REPORTED TO THE COMMISSIONER BY WAY OF THE DEPUTY  COMMISSIONER
FOR  HEALTH  SERVICES  OR  THE CHIEF MEDICAL OFFICER OF THE FACILITY AND
SHALL INCLUDE BUT SHALL NOT BE LIMITED TO A DESCRIPTION  OF  THE  CONDI-
TIONS,  DISEASES  OR  SYNDROMES  SUFFERED  BY  THE  INMATE,  A PROGNOSIS
CONCERNING THE LIKELIHOOD THAT THE INMATE WILL  NOT  RECOVER  FROM  SUCH
CONDITIONS,  DISEASES  OR SYNDROMES, A DESCRIPTION OF THE INMATE'S PHYS-
ICAL OR COGNITIVE INCAPACITY WHICH SHALL INCLUDE A PREDICTION RESPECTING
THE LIKELY DURATION OF THE INCAPACITY, AND A STATEMENT BY THE  PHYSICIAN
OF  WHETHER  THE  INMATE  IS  SO  DEBILITATED  OR INCAPACITATED AS TO BE
SEVERELY RESTRICTED IN HIS OR HER ABILITY TO SELF-AMBULATE OR TO PERFORM
SIGNIFICANT ACTIVITIES OF  DAILY  LIVING.  THIS  ASSESSMENT  ALSO  SHALL
INCLUDE  A RECOMMENDATION OF THE TYPE AND LEVEL OF SERVICES AND LEVEL OF
CARE THE INMATE WOULD REQUIRE IF  GRANTED  COMPASSIONATE  PAROLE  AND  A
RECOMMENDATION  FOR  THE  TYPES  OF  SETTINGS  IN WHICH THE SERVICES AND
TREATMENT SHOULD BE GIVEN.
  (B) THE COMMISSIONER, OR THE COMMISSIONER'S DESIGNEE, SHALL REVIEW THE
ASSESSMENT AND MAY CERTIFY THAT THE INMATE IS SUFFERING FROM  A  CHRONIC
OR  SERIOUS  CONDITION,  DISEASE,  SYNDROME OR INFIRMITY, EXACERBATED BY
AGE, THAT HAS RENDERED THE INMATE SO PHYSICALLY OR  COGNITIVELY  DEBILI-
TATED  OR INCAPACITATED THAT THE ABILITY TO PROVIDE SELF-CARE WITHIN THE
ENVIRONMENT OF A CORRECTIONAL FACILITY IS SUBSTANTIALLY DIMINISHED.   IF
THE  COMMISSIONER  DOES  NOT  SO  CERTIFY  THEN  THE INMATE SHALL NOT BE
REFERRED TO THE BOARD FOR CONSIDERATION  FOR  RELEASE  ON  COMPASSIONATE
PAROLE.  IF  THE  COMMISSIONER  DOES  SO  CERTIFY, THEN THE COMMISSIONER
SHALL, WITHIN SEVEN WORKING DAYS OF RECEIPT OF  SUCH  ASSESSMENT,  REFER
THE  INMATE  TO THE BOARD FOR CONSIDERATION FOR RELEASE ON COMPASSIONATE
PAROLE. HOWEVER, AN INMATE WILL NOT BE REFERRED TO THE BOARD  OF  PAROLE
WITH  DISEASES,  CONDITIONS,  SYNDROMES  OR INFIRMITIES THAT PRE-EXISTED
INCARCERATION UNLESS CERTIFIED BY A PHYSICIAN THAT SUCH DISEASES, CONDI-
TIONS, SYNDROMES OR INFIRMITIES, HAVE PROGRESSED TO RENDER THE INMATE SO
PHYSICALLY OR COGNITIVELY DEBILITATED OR INCAPACITATED THAT THE  ABILITY
TO  PROVIDE  SELF-CARE WITHIN THE ENVIRONMENT OF A CORRECTIONAL FACILITY
IS SUBSTANTIALLY DIMINISHED.
  3. ANY CERTIFICATION BY THE COMMISSIONER OR THE COMMISSIONER'S  DESIG-
NEE  PURSUANT  TO  THIS  SECTION SHALL BE DEEMED A JUDICIAL FUNCTION AND
SHALL NOT BE REVIEWABLE IF DONE IN ACCORDANCE WITH LAW.
  4. (A) ONCE AN  INMATE  IS  RELEASED  ON  COMPASSIONATE  PAROLE,  THAT
RELEASEE WILL THEN BE SUPERVISED BY THE DEPARTMENT PURSUANT TO PARAGRAPH

S. 1505                            183                           A. 2005

(B) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTI-
CLE.
  (B)  THE  BOARD MAY REQUIRE AS A CONDITION OF RELEASE ON COMPASSIONATE
PAROLE THAT THE RELEASEE AGREE TO REMAIN UNDER THE CARE OF  A  PHYSICIAN
WHILE  ON COMPASSIONATE PAROLE AND IN A HOSPITAL ESTABLISHED PURSUANT TO
ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, NURSING HOME  ESTABLISHED
PURSUANT  TO  ARTICLE TWENTY-EIGHT-A OF THE PUBLIC HEALTH LAW, A HOSPICE
ESTABLISHED PURSUANT TO ARTICLE FORTY OF THE PUBLIC HEALTH  LAW  OR  ANY
OTHER  PLACEMENT,  INCLUDING A RESIDENCE WITH FAMILY OR OTHERS, THAT CAN
PROVIDE APPROPRIATE MEDICAL AND OTHER NECESSARY  COMPASSIONATE  CARE  AS
RECOMMENDED  BY  THE  MEDICAL  ASSESSMENT REQUIRED BY SUBDIVISION TWO OF
THIS SECTION. FOR THOSE WHO ARE RELEASED PURSUANT TO THIS SUBDIVISION, A
DISCHARGE PLAN SHALL BE COMPLETED AND STATE THAT THE AVAILABILITY OF THE
PLACEMENT HAS BEEN CONFIRMED, AND BY  WHOM.  NOTWITHSTANDING  ANY  OTHER
PROVISION  OF  LAW,  WHEN AN INMATE WHO QUALIFIES FOR RELEASE UNDER THIS
SECTION IS COGNITIVELY INCAPABLE OF SIGNING THE REQUISITE  DOCUMENTATION
TO  EFFECTUATE THE DISCHARGE PLAN AND, AFTER A DILIGENT SEARCH NO PERSON
HAS BEEN IDENTIFIED WHO COULD OTHERWISE BE  APPOINTED  AS  THE  INMATE'S
GUARDIAN  BY  A  COURT  OF  COMPETENT JURISDICTION, THEN, SOLELY FOR THE
PURPOSE OF IMPLEMENTING THE DISCHARGE PLAN, THE FACILITY HEALTH SERVICES
DIRECTOR AT THE FACILITY WHERE  THE  INMATE  IS  CURRENTLY  INCARCERATED
SHALL  BE  LAWFULLY  EMPOWERED  TO  ACT AS THE INMATE'S GUARDIAN FOR THE
PURPOSE OF EFFECTUATING THE DISCHARGE.
  (C) WHERE APPROPRIATE, THE BOARD  SHALL  REQUIRE  AS  A  CONDITION  OF
RELEASE THAT COMPASSIONATE PAROLEES BE SUPERVISED ON INTENSIVE CASELOADS
AT REDUCED SUPERVISION RATIOS.
  5.  A DENIAL OF RELEASE ON COMPASSIONATE PAROLE SHALL NOT PRECLUDE THE
INMATE FROM REAPPLYING FOR COMPASSIONATE PAROLE OR OTHERWISE  AFFECT  AN
INMATE'S ELIGIBILITY FOR ANY OTHER FORM OF RELEASE PROVIDED FOR BY LAW.
  6.  TO  THE EXTENT THAT ANY PROVISION OF THIS SECTION REQUIRES DISCLO-
SURE OF MEDICAL INFORMATION FOR THE PURPOSE OF PROCESSING AN APPLICATION
OR MAKING A DECISION, REGARDING RELEASE ON COMPASSIONATE PAROLE  OR  FOR
THE  PURPOSE  OF  APPROPRIATELY SUPERVISING A PERSON RELEASED ON COMPAS-
SIONATE PAROLE, AND THAT SUCH DISCLOSURE WOULD OTHERWISE  BE  PROHIBITED
BY  ARTICLE  TWENTY-SEVEN-F  OF THE PUBLIC HEALTH LAW, THE PROVISIONS OF
THIS SECTION SHALL BE CONTROLLING.
  7. THE COMMISSIONER AND THE CHAIR OF THE BOARD SHALL BE AUTHORIZED  TO
PROMULGATE RULES AND REGULATIONS FOR THEIR RESPECTIVE AGENCIES TO IMPLE-
MENT THE PROVISIONS OF THIS SECTION.
  8.  ANY  DECISION  MADE  BY  THE BOARD PURSUANT TO THIS SECTION MAY BE
APPEALED PURSUANT TO SUBDIVISION FOUR OF SECTION  TWO    HUNDRED  FIFTY-
NINE-I OF THIS ARTICLE.
  9.  THE  CHAIR OF THE BOARD SHALL REPORT ANNUALLY TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE  ASSEMBLY,  THE
CHAIRPERSONS  OF  THE  ASSEMBLY  AND SENATE CODES COMMITTEES, THE CHAIR-
PERSON OF THE SENATE CRIME AND CORRECTIONS  COMMITTEE,  AND  THE  CHAIR-
PERSON  OF  THE ASSEMBLY CORRECTIONS COMMITTEE THE NUMBER OF INMATES WHO
HAVE APPLIED FOR COMPASSIONATE PAROLE UNDER THIS SECTION; THE NUMBER WHO
HAVE BEEN GRANTED COMPASSIONATE PAROLE; THE NATURE OF THE ILLNESS OF THE
APPLICANTS, THE COUNTIES TO WHICH THEY HAVE BEEN RELEASED AND THE NATURE
OF THE PLACEMENT PURSUANT TO  THE  DISCHARGE  PLAN;  THE  CATEGORIES  OF
REASONS FOR DENIAL FOR THOSE WHO HAVE BEEN DENIED; THE NUMBER OF RELEAS-
EES  ON  COMPASSIONATE  PAROLE WHO HAVE BEEN RETURNED TO IMPRISONMENT IN
THE CUSTODY OF THE DEPARTMENT AND THE REASONS FOR RETURN.
  § 2. This act shall take effect April 1, 2019.

S. 1505                            184                           A. 2005

  § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  §  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through P of this act  shall
be as specifically set forth in the last section of such Subparts.

                                 PART JJ

  Section  1.  Section 2 of the correction law is amended by adding four
new subdivisions 32, 33, 34 and 35 to read as follows:
  32. "SPECIAL POPULATIONS" MEANS ANY PERSON: (A) WHO IS  AN  ADOLESCENT
OFFENDER THAT IS CONFINED IN AN ADOLESCENT OFFENDER FACILITY; OR (B) WHO
IS  PREGNANT, OR IN THE FIRST EIGHT WEEKS OF POST PARTUM RECOVERY PERIOD
AFTER GIVING BIRTH.
  33. "RESIDENTIAL REHABILITATION UNIT" MEANS A HOUSING  UNIT  USED  FOR
TREATMENT AND REHABILITATIVE PROGRAMMING OF INCARCERATED INDIVIDUALS WHO
HAVE  BEEN  DETERMINED  TO  REQUIRE  MORE THAN NINETY DAYS OF SEGREGATED
CONFINEMENT ON AND AFTER APRIL FIRST, TWO THOUSAND TWENTY-ONE; MORE THAN
SIXTY DAYS OF SEGREGATED CONFINEMENT ON AND  AFTER  OCTOBER  FIRST,  TWO
THOUSAND TWENTY-ONE; AND MORE THAN THIRTY DAYS OF SEGREGATED CONFINEMENT
ON  AND  AFTER  APRIL  FIRST,  TWO  THOUSAND TWENTY-TWO OR WHO HAVE BEEN
DEEMED BY THE DEPUTY COMMISSIONER FOR CORRECTIONAL FACILITIES OR HIS  OR
HER DESIGNEE TO BE AN UNREASONABLE RISK TO SAFETY AND SECURITY OF STAFF,
INCARCERATED INDIVIDUALS OR THE FACILITY.
  34.  "STEP  DOWN  UNIT"  MEANS A HOUSING UNIT USED FOR THE PROGRESSIVE
PROGRAMMING OF INCARCERATED INDIVIDUALS WITH  A  VIOLENT  HISTORY  OR  A
SUBSTANCE  ABUSE HISTORY THAT HAS LED TO LONG-TERM PERIODS OF SEGREGATED
CONFINEMENT IN ORDER TO PREPARE THEM FOR RETURN TO GENERAL POPULATION OR
THE COMMUNITY.
  35. "ADOLESCENT OFFENDER SEPARATION UNIT" MEANS A  HOUSING  UNIT  USED
FOR  ADOLESCENT OFFENDERS HOUSED IN AN ADOLESCENT OFFENDER FACILITY THAT
RECEIVE A DISCIPLINARY CONFINEMENT SANCTION OR WHO HAVE BEEN  DEEMED  BY
THE SUPERINTENDENT TO BE AN UNREASONABLE RISK TO THE SAFETY AND SECURITY
OF STAFF, INCARCERATED INDIVIDUALS OR THE FACILITY.
  §  2. Subdivision 6 of section 137 of the correction law is amended by
adding ten new paragraphs (g), (h), (i), (j), (k), (l),  (m),  (n),  (o)
and (p) to read as follows:
  (G)  INCARCERATED  INDIVIDUALS  IN  SPECIAL  POPULATIONS AS DEFINED IN
SUBDIVISION THIRTY-TWO OF SECTION TWO  OF  THIS  CHAPTER  SHALL  NOT  BE
PLACED IN SEGREGATED CONFINEMENT FOR ANY LENGTH OF TIME.
  (H) NO INCARCERATED INDIVIDUAL MAY BE PLACED IN SEGREGATED CONFINEMENT
FOR  LONGER  THAN  NECESSARY  AND NO MORE THAN NINETY DAYS OF SEGREGATED
CONFINEMENT ON AND AFTER APRIL FIRST, TWO THOUSAND TWENTY-ONE;  NO  MORE
THAN  SIXTY  DAYS  OF SEGREGATED CONFINEMENT ON AND AFTER OCTOBER FIRST,
TWO THOUSAND TWENTY-ONE; AND NO MORE  THAN  THIRTY  DAYS  OF  SEGREGATED
CONFINEMENT  ON  AND  AFTER  APRIL  FIRST, TWO THOUSAND TWENTY-TWO. UPON
REACHING THIS LIMIT, HE OR SHE MUST BE RELEASED FROM SEGREGATED CONFINE-
MENT OR DIVERTED TO A RESIDENTIAL REHABILITATION UNIT OR STEP DOWN UNIT.
SUCH ADMISSION TO A RESIDENTIAL REHABILITATION UNIT OR  STEP  DOWN  UNIT

S. 1505                            185                           A. 2005

SHALL OCCUR AS EXPEDITIOUSLY AS POSSIBLE AND IN NO CASE TAKE LONGER THAN
SEVENTY-TWO HOURS FROM THE TIME TRANSFER SHOULD OCCUR.
  (I)  PERSONS  ADMITTED  TO  A RESIDENTIAL REHABILITATION UNIT SHALL BE
OFFERED AT LEAST FIVE HOURS OF OUT-OF-CELL PROGRAMMING,  ACTIVITIES,  OR
RECREATION  FOUR  DAYS  PER  WEEK,  EXCLUDING HOLIDAYS, AND AT LEAST TWO
HOURS OF RECREATION ON THE REMAINING DAYS.
  (I) SUCH INCARCERATED INDIVIDUALS IN A RESIDENTIAL REHABILITATION UNIT
SHALL HAVE ACCESS TO OUT-OF-CELL PROGRAMS AND  ACTIVITIES  THAT  PROMOTE
PERSONAL  DEVELOPMENT AND GROUP ENGAGEMENT, ADDRESSING UNDERLYING CAUSES
OF PROBLEMATIC BEHAVIOR RESULTING IN PLACEMENT IN SEGREGATED CONFINEMENT
OR A RESIDENTIAL REHABILITATION UNIT, AND HELPING PREPARE FOR  DISCHARGE
FROM THE UNIT TO GENERAL CONFINEMENT OR THE COMMUNITY.
  (II)  PERSONS  IN  A  RESIDENTIAL  REHABILITATION  UNIT SHALL HAVE THE
OPPORTUNITY TO EARN ADDITIONAL PRIVILEGES UNDER A  PROGRESSIVE  MOVEMENT
SYSTEM.
  (III)  UPON  ADMISSION TO A RESIDENTIAL REHABILITATION UNIT, A PROGRAM
MANAGEMENT TEAM SHALL  DEVELOP  AN  INDIVIDUAL  REHABILITATION  PLAN  IN
CONSULTATION  WITH  THE  INCARCERATED  INDIVIDUAL  BASED UPON HIS OR HER
PROGRAMMING NEEDS. SUCH PLAN SHALL IDENTIFY SPECIFIC GOALS  AND  PROGRAM
TO  BE  OFFERED, INCLUDING DISCHARGE FROM THE RESIDENTIAL REHABILITATION
UNIT OR RECOMMENDATIONS TO TRANSITION TO A STEP DOWN UNIT.
  (IV) THE PROGRAM MANAGEMENT TEAM WILL CONDUCT ONGOING REVIEWS  OF  THE
INCARCERATED  INDIVIDUAL, AND IF APPROPRIATE, HAVE THE ABILITY TO RECOM-
MEND CONTINUATION IN THE  RESIDENTIAL  REHABILITATION  UNIT  BEYOND  THE
INDIVIDUALS LENGTH OF DISCIPLINARY SANCTION.
  (V)  IF  THE  INCARCERATED INDIVIDUAL IS MAINTAINED IN THE RESIDENTIAL
REHABILITATION UNIT BEYOND  THE  LENGTH  OF  THE  DISCIPLINARY  SANCTION
IMPOSED,  OR  IS PLACED THERE AS A RESULT OF THE DEPUTY COMMISSIONER FOR
CORRECTIONAL FACILITY OR HIS  OR  HER  DESIGNEE'S  DETERMINATION  OF  AN
UNREASONABLE RISK TO SAFETY AND SECURITY OR STAFF, INCARCERATED INDIVID-
UALS  OR THE FACILITY, THERE SHALL BE A PERIODIC REVIEW OF THE STATUS OF
EACH INCARCERATED PERSON  AT  LEAST  EVERY  SIXTY  DAYS  TO  ASSESS  THE
PERSON'S  PROGRESS AND DETERMINE IF THE PERSON SHOULD BE DISCHARGED FROM
THE UNIT.
  (J) PERSONS MAY BE ADMITTED TO A STEP DOWN UNIT FROM EITHER SEGREGATED
CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT.
  (I) PERSONS ADMITTED TO A  STEP  DOWN  UNIT  SHALL  PARTICIPATE  IN  A
MULTI-PHASE  PROGRESSIVE PROGRAM. INCARCERATED INDIVIDUALS WILL PROGRESS
THROUGH THE PROGRAM, EARNING FEWER  RESTRICTIONS  AND  INCREASED  INCEN-
TIVES, AS THEY MEET BENCHMARKS AND INDIVIDUAL GOALS.
  (II) SUCH INCARCERATED INDIVIDUALS WILL BE OFFERED AT LEAST FIVE HOURS
OF  OUT-OF-CELL  PROGRAMMING,  ACTIVITIES  AND  RECREATION FOUR DAYS PER
WEEK, EXCLUDING HOLIDAYS, AND AT LEAST TWO HOURS OF  RECREATION  ON  THE
REMAINING DAYS.
  (III) WHEN AN INCARCERATED PERSON IS DISCHARGED FROM A STEP DOWN UNIT,
ANY  REMAINING  TIME  TO  SERVE  ON ANY UNDERLYING DISCIPLINARY SANCTION
SHALL BE HELD IN ABEYANCE FOR A PERIOD OF NO MORE THAN SIX MONTHS.
  (IV) PERSONS IN A STEP DOWN UNIT SHALL HAVE THE  OPPORTUNITY  TO  EARN
ADDITIONAL PRIVILEGES UNDER A PROGRESSIVE MOVEMENT SYSTEM.
  (K)  PERSONS  ADMITTED TO AN ADOLESCENT OFFENDER SEPARATION UNIT SHALL
BE OFFERED AT LEAST FIVE HOURS OF  OUT-OF-CELL  PROGRAMMING,  ACTIVITIES
AND  RECREATION FOUR DAYS PER WEEK, EXCLUDING HOLIDAYS, AND AT LEAST TWO
HOURS OF RECREATION ON THE REMAINING DAYS.
  (I) PERSONS IN AN ADOLESCENT OFFENDER SEPARATION UNIT SHALL  HAVE  THE
OPPORTUNITY  TO  EARN ADDITIONAL PRIVILEGES UNDER A PROGRESSIVE MOVEMENT
SYSTEM.

S. 1505                            186                           A. 2005

  (II) IF THE INCARCERATED INDIVIDUAL IS MAINTAINED  IN  THE  ADOLESCENT
OFFENDER  SEPARATION UNIT BEYOND THE LENGTH OF THE DISCIPLINARY SANCTION
IMPOSED, OR IS PLACED THERE AS A RESULT OF THE DEPUTY  COMMISSIONER  FOR
CORRECTIONAL FACILITY OR DESIGNEES DETERMINATION OF AN UNREASONABLE RISK
TO SAFETY AND SECURITY OF STAFF, INCARCERATED INDIVIDUALS OR THE FACILI-
TY,  THERE SHALL BE A PERIODIC REVIEW OF THE STATUS OF EACH INCARCERATED
PERSON AT LEAST EVERY SIXTY DAYS TO ASSESS  THE  PERSON'S  PROGRESS  AND
DETERMINE IF THE PERSON SHOULD BE DISCHARGED FROM THE UNIT.
  (L) ALL STAFF ASSIGNED TO SEGREGATED CONFINEMENT, RESIDENTIAL REHABIL-
ITATION,  STEP DOWN OR ADOLESCENT OFFENDER SEPARATION UNIT SHALL RECEIVE
SPECIALIZED TRAINING IN DEALING WITH THIS POPULATION, TO INCLUDE  INTER-
PERSONAL  COMMUNICATION  SKILLS,  DE-ESCALATION  TECHNIQUES AND IMPLICIT
BIAS.
  (M) THE SUPERINTENDENT OF  THE  INSTITUTION  MAINTAINS  THE  RIGHT  TO
RESTRICT EMPLOYEES FROM WORKING ON A SEGREGATED CONFINEMENT, RESIDENTIAL
REHABILITATION,  STEP  DOWN OR ADOLESCENT OFFENDER SEPARATION UNIT IF IT
IS IN THE BEST INTEREST OF THE OVERALL SAFETY AND SECURITY OF THE INSTI-
TUTION, STAFF OR INCARCERATED INDIVIDUALS.
  (N) PRIOR TO PRESIDING OVER  A  SUPERINTENDENT  HEARING,  ALL  HEARING
OFFICERS  SHALL  RECEIVE  HEARING  OFFICERS TRAINING ON RELEVANT TOPICS,
INCLUDING IMPLICIT BIAS.
  (O) THE DEPARTMENT SHALL PUBLISH MONTHLY REPORTS ON ITS WEBSITE OF THE
TOTAL NUMBER OF INCARCERATED INDIVIDUALS WHO ARE IN SEGREGATED  CONFINE-
MENT, THE TOTAL NUMBER OF INCARCERATED INDIVIDUALS WHO ARE IN A RESIDEN-
TIAL  REHABILITATION  UNIT AND THE TOTAL NUMBER OF INCARCERATED INDIVID-
UALS IN  A  STEP  DOWN  UNIT,  AND  THE  TOTAL  NUMBER  OF  INCARCERATED
INDIVIDUALS  IN  AN ADOLESCENT OFFENDER SEPARATION UNIT ON THE FIRST DAY
OF EACH MONTH.
  (P) THE DEPARTMENT SHALL PUBLISH AN ANNUAL CUMULATIVE  REPORT  OF  THE
TOTAL NUMBER OF INCARCERATED INDIVIDUALS WHO WERE IN SEGREGATED CONFINE-
MENT,  THE  TOTAL NUMBER OF INCARCERATED INDIVIDUALS WHO WERE IN A RESI-
DENTIAL REHABILITATION UNIT AND THE TOTAL NUMBER OF  INCARCERATED  INDI-
VIDUALS  WHO WERE IN A STEP DOWN UNIT FOR THE PRECEDING YEAR. THE ANNUAL
REPORT SHALL INCLUDE THE AVERAGE LENGTH OF STAY IN EACH OF THE UNITS.
  § 3. Clauses (A) and (B)   of subparagraph (ii) of  paragraph  (d)  of
subdivision  6 of section 137 of the correction law, as added by chapter
1 of the laws of 2008, are amended to read as follows:
  (A) Upon placement of an inmate into segregated confinement,  A  RESI-
DENTIAL REHABILITATION UNIT, STEP DOWN UNIT OR ADOLESCENT OFFENDER SEPA-
RATION  UNIT, at a level one or level two facility, a suicide prevention
screening instrument shall be administered by staff from the  department
or the office of mental health who has been trained for that purpose. If
such  a  screening  instrument  reveals  that  the  inmate is at risk of
suicide, a mental health clinician shall be  consulted  and  appropriate
safety precautions shall be taken. Additionally, within one business day
of  the placement of such an inmate into segregated confinement, A RESI-
DENTIAL REHABILITATION UNIT, STEP DOWN UNIT OR ADOLESCENT OFFENDER SEPA-
RATION UNIT, at a level one or level two facility, the inmate  shall  be
assessed by a mental health clinician.
  (B)  Upon  placement of an inmate into segregated confinement, A RESI-
DENTIAL REHABILITATION UNIT, STEP DOWN UNIT OR ADOLESCENT OFFENDER SEPA-
RATION UNIT, at  a  level  three  or  level  four  facility,  a  suicide
prevention  screening instrument shall be administered by staff from the
department or the office of mental health who has been trained for  that
purpose.  If  such  a screening instrument reveals that the inmate is at
risk of suicide, a mental health clinician shall be consulted and appro-

S. 1505                            187                           A. 2005

priate safety precautions shall be taken. All inmates placed  in  segre-
gated  confinement, A RESIDENTIAL REHABILITATION UNIT, STEP DOWN UNIT OR
ADOLESCENT OFFENDER SEPARATION UNIT, at a  level  three  or  level  four
facility shall be assessed by a mental health clinician, within fourteen
days  of such placement into segregated confinement, A RESIDENTIAL REHA-
BILITATION UNIT, STEP DOWN UNIT OR ADOLESCENT OFFENDER SEPARATION UNIT.
  § 4. This act shall take effect immediately; provided,  however,  that
no  incarcerated  individual may be placed in segregated confinement for
longer than necessary and:
  1. effective on and after April 1, 2021, no more than ninety  days  of
segregated confinement;
  2.  effective on and after October 1, 2021, no more than sixty days of
segregated confinement; and
  3. effective on and after April 1, 2022, no more than thirty  days  of
segregated confinement.

                                 PART KK

  Section  1.  Section 60.05 of the penal law is amended by adding a new
subdivision 8 to read as follows:
  8. SHOCK  INCARCERATION PARTICIPATION. (A) WHEN THE  COURT  IMPOSES  A
DETERMINATE  SENTENCE  OF  IMPRISONMENT PURSUANT TO SUBDIVISION THREE OF
SECTION 70.02 OF THIS CHAPTER OR SUBDIVISION SIX  OF  SECTION  70.06  OF
THIS  CHAPTER  UPON  A PERSON WHO STANDS CONVICTED EITHER OF BURGLARY IN
THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO  OF  SECTION  140.25  OF
THIS  CHAPTER  OR ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION
ONE OF SECTION 160.10 OF THIS  CHAPTER,  OR  AN  ATTEMPT  THEREOF,  UPON
MOTION OF THE DEFENDANT, THE COURT MAY ISSUE AN ORDER DIRECTING THAT THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION ENROLL THE DEFENDANT
IN THE SHOCK INCARCERATION PROGRAM AS DEFINED IN ARTICLE TWENTY-SIX-A OF
THE  CORRECTION  LAW, PROVIDED THAT THE DEFENDANT IS AN ELIGIBLE INMATE,
AS DESCRIBED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED  SIXTY-FIVE  OF
THE  CORRECTION  LAW.  NOTWITHSTANDING  THE FOREGOING PROVISIONS OF THIS
SUBDIVISION, ANY DEFENDANT TO BE ENROLLED IN SUCH  PROGRAM  PURSUANT  TO
THIS  SUBDIVISION  SHALL  BE  GOVERNED BY THE SAME RULES AND REGULATIONS
PROMULGATED BY THE DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION,
INCLUDING  WITHOUT  LIMITATION  THOSE RULES AND REGULATIONS ESTABLISHING
REQUIREMENTS FOR COMPLETION AND SUCH  RULES  AND  REGULATIONS  GOVERNING
DISCIPLINE AND REMOVAL FROM THE PROGRAM.
  (B)  PARAGRAPH (B) OF SUBDIVISION SEVEN OF SECTION 60.04 OF THIS ARTI-
CLE SHALL APPLY IN THE EVENT AN INMATE DESIGNATED  BY  COURT  ORDER  FOR
ENROLLMENT  IN  THE  SHOCK  INCARCERATION  PROGRAM  REQUIRES A DEGREE OF
MEDICAL CARE OR MENTAL HEALTH CARE THAT CANNOT BE PROVIDED  AT  A  SHOCK
INCARCERATION FACILITY.
  § 2. Subdivision 1 of section 865 of the correction law, as amended by
chapter 377 of the laws of 2010, is amended to read as follows:
  1. "Eligible inmate" means a person sentenced to an indeterminate term
of  imprisonment  who  will become eligible for release on parole within
three years or sentenced to a determinate term of imprisonment who  will
become  eligible for conditional release within three years, who has not
reached the age of fifty years, who has not previously been convicted of
a violent felony as defined in article seventy of the penal  law,  or  a
felony  in  any  other  jurisdiction which includes all of the essential
elements of any such violent felony,  upon  which  an  indeterminate  or
determinate  term  of  imprisonment  was imposed and who was between the
ages of sixteen and fifty years at the time of commission of  the  crime

S. 1505                            188                           A. 2005

upon  which  his  or her present sentence was based. Notwithstanding the
foregoing, no person who is convicted of any  of  the  following  crimes
shall  be  deemed eligible to participate in this program: (a) a violent
felony  offense  as  defined  in  article  seventy of the penal law[,] ;
PROVIDED, HOWEVER, THAT A PERSON WHO IS CONVICTED  OF  BURGLARY  IN  THE
SECOND  DEGREE  AS  DEFINED  IN SUBDIVISION TWO OF SECTION 140.25 OF THE
PENAL LAW, OR ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION ONE
OF SECTION 160.10 OF THE PENAL LAW, OR AN ATTEMPT THEREOF, AND FOR  WHOM
THE  SENTENCING  COURT HAS ISSUED AN ORDER PURSUANT TO SUBDIVISION EIGHT
OF SECTION 60.05 OF THE PENAL LAW ENROLLING SUCH  PERSON  IN  THE  SHOCK
INCARCERATION  PROGRAM,  IS  ELIGIBLE  TO PARTICIPATE, (b) an A-I felony
offense, (c) any homicide offense as  defined  in  article  one  hundred
twenty-five  of  the penal law, (d) any felony sex offense as defined in
article one hundred thirty of the  penal  law  and  (e)  any  escape  or
absconding  offense  as defined in article two hundred five of the penal
law.
  § 3. This act shall take effect on September 1, 2019.

                                 PART LL

  Section 1. Section 57 of the civil service law, as added by chapter 83
of the laws of 1963, is amended to read as follows:
  § 57. Continuous recruitment for certain positions.    Notwithstanding
any other provisions of this chapter or any other law, the civil service
department or a municipal commission may establish a continuing eligible
list  for  any class of positions for which it finds [inadequate numbers
of well qualified persons available for recruitment] SUCH  LISTS  APPRO-
PRIATE.   Names of eligibles shall be inserted in such list from time to
time as applicants are tested and found qualified in  examinations  held
at  such  intervals as may be prescribed by the civil service department
or municipal commission having jurisdiction.  Such  successive  examina-
tions shall, so far as practicable, be constructed and rated so as to be
equivalent tests of the merit and fitness of candidates. The name of any
candidate who passes any such examination and who is otherwise qualified
shall  be placed on the continuing eligible list in the rank correspond-
ing to his final rating on such examination. The period  of  eligibility
of  successful  candidates  for  certification and appointment from such
continuing eligible list, as a result of any such examination, shall  be
fixed  by  the  civil  service  department  or municipal commission but,
except as a list may reach an announced terminal date, such period shall
not be less than one year; nor shall such period of  eligibility  exceed
four  years.  Subject  to  such  conditions and limitations as the civil
service department or municipal commission may  prescribe,  a  candidate
may take more than one such examination; provided, however, that no such
candidate  shall  be certified simultaneously with more than one rank on
the continuing eligible list. With respect to any candidate who  applies
for  and is granted additional credit in any such examination as a disa-
bled or non-disabled veteran, and for the limited  purpose  of  granting
such  additional  credit, the eligible list shall be deemed to be estab-
lished on the date on which his name is added thereto.
  § 2. This act shall take effect immediately.

                                 PART MM

S. 1505                            189                           A. 2005

  Section 1. Subdivision 11 of section 52 of the civil service  law,  as
amended  by  chapter  214  of  the  laws  of 1989, is amended to read as
follows:
  11.  Notwithstanding any other provision of law, the state [department
of] civil service DEPARTMENT may, for titles designated by it, extend to
employees in the state service who are holding or who have held a  posi-
tion  in  the  non-competitive  or  labor class of such service the same
opportunity as employees in the  competitive  class  to  take  promotion
examinations  [if  such  examinations are to be held in conjunction with
open competitive examinations].
  § 2. This act shall take effect immediately.

                                 PART NN

  Section 1. Paragraph (a) of subdivision 2 of section 121 of the  civil
service  law, as added by chapter 790 of the laws of 1958, is amended to
read as follows:
  (a) Notwithstanding the provisions of paragraph (b) of  this  subdivi-
sion, the annual salary of any position, compensable on an annual basis,
which  is  classified  or reclassified, or which is allocated or reallo-
cated to a salary grade pursuant to the provisions of this article shall
not be reduced for the then  [permanent]  incumbent  by  reason  of  any
provision  of this article [so long as such position is held by the then
permanent incumbent].
  § 2. This act shall take effect immediately.

                                 PART OO

  Section 1. Subdivision 1 of section 70.15 of the penal law, as amended
by chapter 291 of the laws of 1993, is amended to read as follows:
  1. Class A misdemeanor. A sentence  of  imprisonment  for  a  class  A
misdemeanor  shall  be  a  definite  sentence.  When  such a sentence is
imposed the term shall be fixed by the court, and shall not exceed  [one
year]  THREE HUNDRED SIXTY-FOUR DAYS; provided, however, that a sentence
of imprisonment imposed upon a conviction of criminal  possession  of  a
weapon  in  the  fourth  degree as defined in subdivision one of section
265.01 must be for a period of no less than  [one  year]  THREE  HUNDRED
SIXTY-FOUR  DAYS  when the conviction was the result of a plea of guilty
entered in satisfaction of an indictment or any count  thereof  charging
the  defendant  with  the  class  D  violent  felony offense of criminal
possession of a weapon in the third degree  as  defined  in  subdivision
four  of  section  265.02,  except  that  the court may impose any other
sentence authorized by law upon a person who  has  not  been  previously
convicted  in the five years immediately preceding the commission of the
offense for a felony or a class A misdemeanor defined in  this  chapter,
if  the court having regard to the nature and circumstances of the crime
and to the history and character of the defendant, finds on  the  record
that  such  sentence  would  be  unduly  harsh  and that the alternative
sentence would be consistent with public safety and does  not  deprecate
the seriousness of the crime.
  §  2. Section 70.15 of the penal law is amended by adding a new subdi-
vision 1-a to read as follows:
  1-A. (A) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, WHENEVER THE
PHRASE "ONE YEAR" OR "THREE HUNDRED SIXTY-FIVE DAYS" OR  "365  DAYS"  OR
ANY SIMILAR PHRASE APPEARS IN ANY PROVISION OF THIS CHAPTER OR ANY OTHER
LAW  IN  REFERENCE TO THE DEFINITE SENTENCE OR MAXIMUM DEFINITE SENTENCE

S. 1505                            190                           A. 2005

OF IMPRISONMENT THAT IS IMPOSED, OR HAS BEEN IMPOSED, OR MAY BE  IMPOSED
AFTER  THE  EFFECTIVE  DATE  OF  THIS  SUBDIVISION,  FOR  A  MISDEMEANOR
CONVICTION IN THIS STATE, SUCH PHRASE SHALL MEAN, BE INTERPRETED AND  BE
APPLIED AS THREE HUNDRED SIXTY-FOUR DAYS.
  (B) THE AMENDATORY PROVISIONS OF THIS SUBDIVISION ARE AMELIORATIVE AND
SHALL  APPLY  TO  ALL  PERSONS WHO ARE SENTENCED BEFORE, ON OR AFTER THE
EFFECTIVE DATE OF THIS SUBDIVISION, FOR A CRIME COMMITTED BEFORE, ON  OR
AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
  (C)  ANY  SENTENCE  FOR  A MISDEMEANOR CONVICTION IMPOSED PRIOR TO THE
EFFECTIVE DATE OF THIS SUBDIVISION THAT IS A DEFINITE SENTENCE OF IMPRI-
SONMENT OF ONE YEAR, OR THREE HUNDRED SIXTY-FIVE DAYS, SHALL, BY  OPERA-
TION  OF  LAW,  BE  CHANGED TO, MEAN AND BE INTERPRETED AND APPLIED AS A
SENTENCE OF THREE HUNDRED SIXTY-FOUR DAYS.  IN  ADDITION  TO  ANY  OTHER
RIGHT OF A PERSON TO OBTAIN A RECORD OF A PROCEEDING AGAINST HIM OR HER,
A  PERSON  SO  SENTENCED PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION
SHALL BE ENTITLED TO OBTAIN, FROM THE CRIMINAL COURT OR THE CLERK THERE-
OF, A CERTIFICATE OF CONVICTION, AS  DESCRIBED  IN  SUBDIVISION  ONE  OF
SECTION 60.60 OF THE CRIMINAL PROCEDURE LAW, SETTING FORTH SUCH SENTENCE
AS THE SENTENCE SPECIFIED IN THIS PARAGRAPH.
  § 3. This act shall take effect immediately.

                                 PART PP

  Section 1. The opening paragraph and paragraph (a) of subdivision 1 of
section  1311 of the civil practice law and rules, the opening paragraph
as amended by chapter 655 of the laws of 1990 and paragraph (a) as added
by chapter 669 of the laws of 1984, are amended to read as follows:
  A civil action may be commenced by the appropriate claiming  authority
against  a  criminal defendant to recover the property which constitutes
the proceeds of a crime, the substituted proceeds of a crime, an instru-
mentality of a crime or the real property instrumentality of a crime [or
to recover a money judgment in an amount  equivalent  in  value  to  the
property  which  constitutes  the  proceeds  of a crime, the substituted
proceeds of a crime, an instrumentality of a crime, or the real property
instrumentality of a crime].  A civil action may be commenced against  a
non-criminal  defendant  to  recover  the property which constitutes the
proceeds of a crime, the substituted proceeds of a crime, an  instrumen-
tality  of  a  crime,  or  the  real property instrumentality of a crime
provided, however, that a judgment of forfeiture predicated upon  clause
(A)  of subparagraph (iv) of paragraph (b) of subdivision three [hereof]
OF THIS SECTION shall be limited to the amount of the  proceeds  of  the
crime. Any action under this article must be commenced within five years
of  the  commission  of  the  crime and shall be civil, remedial, and in
personam in nature and shall not be deemed to be a penalty  or  criminal
forfeiture  for  any  purpose. Except as otherwise specially provided by
statute, the proceedings under this article shall be  governed  by  this
chapter.  An  action under this article is not a criminal proceeding and
may not be deemed to be a previous prosecution under  article  forty  of
the criminal procedure law.
  (a)  Actions  relating to post-conviction forfeiture crimes. An action
relating to a post-conviction forfeiture crime must be grounded  upon  a
conviction  of a felony defined in subdivision five of section one thou-
sand three hundred ten of this article[, or upon criminal activity aris-
ing from a common scheme or plan of which such a conviction is a  part,]
or  upon a count of an indictment or information alleging a felony which
was dismissed at the time of a plea of guilty to a felony  in  satisfac-

S. 1505                            191                           A. 2005

tion  of  such  count.  A  court  may  not  grant  forfeiture until such
conviction has occurred. However, an action  may  be  commenced,  and  a
court  may grant a provisional remedy provided under this article, prior
to such conviction having occurred.  An action under this paragraph must
be  dismissed  at  any  time after sixty days of the commencement of the
action unless the conviction upon  which  the  action  is  grounded  has
occurred,  or  an  indictment  or  information  upon  which the asserted
conviction is to be based is pending in  a  superior  court.  An  action
under  this  paragraph shall be stayed during the pendency of a criminal
action which is related to it; provided, however, that such  stay  shall
not  prevent  the  granting  or  continuance  of  any provisional remedy
provided under this article or any other provisions of law.
  § 2. The civil practice law and rules  is  amended  by  adding  a  new
section 1311-b to read as follows:
  § 1311-B. MONEY JUDGMENT. IF A CLAIMING AUTHORITY OBTAINS A FORFEITURE
JUDGMENT  AGAINST  A  DEFENDANT  FOR THE PROCEEDS, SUBSTITUTED PROCEEDS,
INSTRUMENTALITY OF A CRIME OR REAL PROPERTY INSTRUMENTALITY OF A  CRIME,
BUT  IS  UNABLE TO LOCATE ALL OR PART OF ANY SUCH PROPERTY, THE CLAIMING
AUTHORITY MAY APPLY TO THE  COURT  FOR  A  MONEY  JUDGMENT  AGAINST  THE
DEFENDANT  IN  THE  AMOUNT  OF  THE VALUE OF THE FORFEITED PROPERTY THAT
CANNOT BE LOCATED. THE DEFENDANT SHALL HAVE THE RIGHT TO  CHALLENGE  THE
VALUATION OF ANY PROPERTY THAT IS THE BASIS FOR SUCH AN APPLICATION. THE
CLAIMING  AUTHORITY  SHALL  HAVE THE BURDEN OF ESTABLISHING THE VALUE OF
THE PROPERTY UNDER THIS SECTION BY A PREPONDERANCE OF THE EVIDENCE.
  § 3. Subdivisions 1, 3 and 4 of section 1312 of the civil practice law
and rules, subdivision 1 as added by chapter 669 of the  laws  of  1984,
subdivision  3  as  amended and subdivision 4 as added by chapter 655 of
the laws of 1990, are amended to read as follows:
  1. The provisional remedies of  attachment,  injunction,  receivership
and  notice  of  pendency provided for herein, shall be available in all
actions to recover property [or for a money judgment] under  this  arti-
cle.
  3.  A  court may grant an application for a provisional remedy when it
determines that: (a) there is a substantial probability that the  claim-
ing  authority will BE ABLE TO DEMONSTRATE AT TRIAL THAT THE PROPERTY IS
THE PROCEEDS, SUBSTITUTED PROCEEDS, INSTRUMENTALITY OF THE CRIME OR REAL
PROPERTY INSTRUMENTALITY OF THE CRIME, THAT THE CLAIMING AUTHORITY  WILL
prevail  on the issue of forfeiture, and that failure to enter the order
may result in the property being destroyed, removed from  the  jurisdic-
tion  of  the court, or otherwise be unavailable for forfeiture; (b) the
need to preserve the availability of the property through the  entry  of
the requested order outweighs the hardship on any party against whom the
order  may operate; and (c) in an action relating to real property, that
entry of the requested order will not substantially diminish, impair, or
terminate the lawful property interest in  such  real  property  of  any
person or persons other than the defendant or defendants.
  4.  Upon motion of any party against whom a provisional remedy granted
pursuant to this article is in effect, the  court  may  issue  an  order
modifying or vacating such provisional remedy if necessary to permit the
moving  party  to  obtain  funds  for  the  payment of reasonable living
expenses, other costs or expenses related to the maintenance, operation,
or preservation of property which is the subject of any such provisional
remedy or reasonable and bona fide attorneys' fees and expenses for  the
representation  of  the  defendant  in the forfeiture proceeding or in a
related criminal matter relating  thereto,  payment  for  which  is  not
otherwise  available  from assets of the defendant which are not subject

S. 1505                            192                           A. 2005

to such provisional remedy. Any such motion shall  be  supported  by  an
affidavit  establishing the unavailability of other assets of the moving
party which are not the subject of such provisional remedy  for  payment
of  such  expenses  or fees. THAT FUNDS SOUGHT TO BE RELEASED UNDER THIS
SUBDIVISION ARE  ALLEGED  TO  BE  THE  PROCEEDS,  SUBSTITUTED  PROCEEDS,
INSTRUMENTALITY  OF  A CRIME OR REAL PROPERTY INSTRUMENTALITY OF A CRIME
SHALL NOT BE A FACTOR FOR THE COURT IN  CONSIDERING  AND  DETERMINING  A
MOTION MADE PURSUANT TO THIS SUBDIVISION.
  §  4.  The  opening  paragraph of subdivision 2 of section 1349 of the
civil practice law and rules, as added by chapter 655  of  the  laws  of
1990, is amended to read as follows:
  If any other provision of law expressly governs the manner of disposi-
tion  of  property  subject to the judgment or order of forfeiture, that
provision of law shall be controlling, WITH THE EXCEPTION THAT, NOTWITH-
STANDING THE PROVISIONS OF ANY  OTHER  LAW,  ALL  FORFEITED  MONIES  AND
PROCEEDS  FROM  FORFEITED PROPERTY SHALL BE DEPOSITED INTO AND DISBURSED
FROM AN ASSET FORFEITURE ESCROW FUND  ESTABLISHED  PURSUANT  TO  SECTION
SIX-V  OF  THE GENERAL MUNICIPAL LAW, WHICH SHALL GOVERN THE MAINTENANCE
OF SUCH MONIES AND PROCEEDS FROM FORFEITED PROPERTY.   Upon  application
by  a  claiming agent for reimbursement of moneys directly expended by a
claiming agent in the underlying criminal investigation for the purchase
of contraband which were converted into a  non-monetary  form  or  which
have   not  been  otherwise  recovered,  the  court  shall  direct  such
reimbursement from money forfeited pursuant to this article. Upon appli-
cation of the claiming agent, the court may direct  that  any  vehicles,
vessels  or  aircraft  forfeited pursuant to this article be retained by
the claiming agent for law enforcement purposes, unless the court deter-
mines that such property is subject to a perfected lien, in  which  case
the  court  may not direct that the property be retained unless all such
liens on the property to be retained have been satisfied or pursuant  to
the court's order will be satisfied. In the absence of an application by
the  claiming  agent,  the  claiming authority may apply to the court to
retain such property for law enforcement purposes.  Upon  such  applica-
tion,  the court may direct that such property be retained by the claim-
ing authority for law enforcement purposes, unless the court  determines
that  such  property is subject to a perfected lien. If not so retained,
the judgment or order shall direct the claiming authority  to  sell  the
property  in accordance with article fifty-one of this chapter, and that
the proceeds of such sale and any other moneys realized as a consequence
of any forfeiture pursuant to this article  SHALL  BE  DEPOSITED  TO  AN
ASSET  FORFEITURE  ESCROW  FUND ESTABLISHED PURSUANT TO SECTION SIX-V OF
THE GENERAL MUNICIPAL LAW AND shall  be  apportioned  and  paid  in  the
following descending order of priority:
  §  5.  Section  1349 of the civil practice law and rules is amended by
adding a new subdivision 5 to read as follows:
  5. MONIES AND PROCEEDS FROM THE SALE OF PROPERTY REALIZED AS A  CONSE-
QUENCE  OF  ANY FORFEITURE DISTRIBUTED TO THE CLAIMING AGENT OR CLAIMING
AUTHORITY OF ANY COUNTY, TOWN, CITY, OR VILLAGE OF  WHICH  THE  CLAIMING
AGENT  OR  CLAIMING  AUTHORITY IS A PART, SHALL BE DEPOSITED TO AN ASSET
FORFEITURE ESCROW FUND ESTABLISHED PURSUANT  TO  SECTION  SIX-V  OF  THE
GENERAL MUNICIPAL LAW.
  § 6. Subdivision 2 of section 700 of the county law is amended to read
as follows:
  2. Within thirty days after the receipt of any fine, penalty, recovery
upon  any  recognizance,  MONIES  AND PROCEEDS FROM THE SALE OF PROPERTY
REALIZED AS A CONSEQUENCE OF ANY FORFEITURE, or other money belonging to

S. 1505                            193                           A. 2005

the county, the district attorney OR THE CLAIMING  AUTHORITY  shall  pay
the same to the county treasurer. Not later than the first day of Febru-
ary  in each year, the district attorney shall make in duplicate a veri-
fied  true  statement of all such moneys received and paid to the county
treasurer during the preceding calendar year and at that time shall  pay
to  the  county  treasurer  any  balance  due.  One  statement  shall be
furnished to the county treasurer [and the other], ONE to the  clerk  of
the  board  of supervisors AND ONE TO THE STATE COMPTROLLER.  A district
attorney who is not re-elected shall make and file the  verified  state-
ment  and  pay any balance of such moneys to the county treasurer within
thirty days after the expiration of his term.
  § 7. The general municipal law is amended by adding a new section  6-v
to read as follows:
  § 6-V. ASSET FORFEITURE ESCROW FUND. 1. AS USED IN THIS SECTION:
  A. THE TERM "GOVERNING BOARD", INSOFAR AS IT IS USED IN REFERENCE TO A
VILLAGE, SHALL MEAN THE BOARD OF TRUSTEES THEREOF; INSOFAR AS IT IS USED
IN REFERENCE TO A TOWN, SHALL MEAN THE TOWN BOARD THEREOF; INSOFAR AS IT
IS USED IN REFERENCE TO A COUNTY, SHALL MEAN THE BOARD OF SUPERVISORS OR
THE  COUNTY LEGISLATURE THEREOF, AS APPLICABLE; INSOFAR AS IT IS USED IN
REFERENCE TO A CITY, SHALL MEAN THE "LEGISLATIVE BODY" THEREOF, AS  THAT
TERM  IS  DEFINED  IN  SUBDIVISION SEVEN OF SECTION TWO OF THE MUNICIPAL
HOME RULE LAW.
  B. THE TERM "CHIEF FISCAL OFFICER" SHALL MEAN:
  (I) IN THE CASE OF COUNTIES OPERATING UNDER (1) AN ALTERNATIVE FORM OF
COUNTY GOVERNMENT OR CHARTER ENACTED AS A STATE STATUTE OR ADOPTED UNDER
THE ALTERNATIVE COUNTY GOVERNMENT LAW OR  BY  LOCAL  LAW,  THE  OFFICIAL
DESIGNATED  IN  SUCH STATUTE, CONSOLIDATED LAW OR LOCAL LAW AS THE CHIEF
FISCAL OFFICER, OR, IF NO SUCH DESIGNATION IS MADE THEREIN, THE OFFICIAL
POSSESSING POWERS AND DUTIES SIMILAR TO  THOSE  OF  A  COUNTY  TREASURER
UNDER THE COUNTY LAW AS SHALL BE DESIGNATED BY LOCAL LAW.
  (2) IN THE CASE OF COUNTIES NOT OPERATING UNDER AN ALTERNATIVE FORM OF
COUNTY GOVERNMENT OR CHARTER ENACTED AS A STATE STATUTE OR ADOPTED UNDER
THE  ALTERNATIVE  COUNTY  GOVERNMENT LAW OR BY LOCAL LAW, THE TREASURER,
EXCEPT THAT, IN THE CASE OF COUNTIES HAVING A COMPTROLLER, IT SHALL MEAN
THE COMPTROLLER.
  (II) IN THE CASE OF CITIES, THE COMPTROLLER; IF A CITY DOES NOT HAVE A
COMPTROLLER, THE TREASURER; IF A CITY HAS NEITHER A  COMPTROLLER  NOR  A
TREASURER,  SUCH  OFFICIAL POSSESSING POWERS AND DUTIES SIMILAR TO THOSE
OF A CITY TREASURER AS THE FINANCE BOARD SHALL,  BY  RESOLUTION,  DESIG-
NATE. A CERTIFIED COPY OF SUCH DESIGNATION SHALL BE FILED WITH THE STATE
COMPTROLLER AND SHALL BE A PUBLIC RECORD.
  (III)  IN  THE  CASE OF TOWNS, THE TOWN SUPERVISOR; IF A TOWN HAS MORE
THAN ONE SUPERVISOR, THE PRESIDING SUPERVISOR.
  (IV) IN THE CASE OF VILLAGES, THE VILLAGE TREASURER.
  C. THE TERM "CLAIMING AUTHORITY"  SHALL  MEAN  THE  DISTRICT  ATTORNEY
HAVING JURISDICTION OVER THE OFFENSE OR THE ATTORNEY GENERAL FOR PURPOSE
OF THOSE CRIMES FOR WHICH THE ATTORNEY GENERAL HAS CRIMINAL JURISDICTION
IN  A  CASE  WHERE  THE UNDERLYING CRIMINAL CHARGE HAS BEEN, IS BEING OR
COULD HAVE BEEN BROUGHT BY THE  ATTORNEY  GENERAL,  OR  THE  APPROPRIATE
CORPORATION  COUNSEL  OR COUNTY ATTORNEY, WHERE SUCH CORPORATION COUNSEL
OR COUNTY ATTORNEY MAY ACT AS A CLAIMING AUTHORITY ONLY WITH THE CONSENT
OF THE DISTRICT ATTORNEY OR THE ATTORNEY GENERAL, AS APPROPRIATE.
  D. THE TERM "CLAIMING AGENT" SHALL MEAN AND SHALL INCLUDE ALL  PERSONS
DESCRIBED  IN  SUBDIVISION  THIRTY-FOUR  OF SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW, AND SHERIFFS, UNDERSHERIFFS AND DEPUTY SHERIFFS OF  COUN-
TIES WITHIN THE CITY OF NEW YORK.

S. 1505                            194                           A. 2005

  2.  THE  GOVERNING BOARD SHALL AUTHORIZE THE ESTABLISHMENT OF AN ASSET
FORFEITURE ESCROW FUND FOR ANY CLAIMING AGENT OR CLAIMING  AUTHORITY  AS
IS  DEEMED  NECESSARY  FOR  THE  MONIES AND PROCEEDS OF SALE OF PROPERTY
REALIZED  AS A CONSEQUENCE OF ANY FORFEITURE. THE SEPARATE  IDENTITY  OF
SUCH FUND SHALL BE MAINTAINED.
  3.  THERE  SHALL  BE  PAID  INTO  THE ASSET FORFEITURE ESCROW FUND ALL
PROCEEDS REALIZED AS A CONSEQUENCE OF ANY FORFEITURE ACTION.  SUCH FUNDS
SHALL INCLUDE, BUT ARE NOT LIMITED TO, ALL FUNDS AND ANY PROPERTY (REAL,
PERSONAL, TANGIBLE AND/OR INTANGIBLE) THAT  ARE  FORFEITED  PURSUANT  TO
AGREEMENT  OR  OTHERWISE  PRIOR  TO,  IN LIEU OF OR AFTER THE LODGING OF
CRIMINAL CHARGES, PRE-INDICTMENT, POST-INDICTMENT, OR  AFTER  CONVICTION
BY PLEA OR TRIAL. SUCH FUNDS SHALL ALSO INCLUDE FUNDS THAT ARE FORFEITED
IN COMPROMISE OF CHARGES THAT ARE NEVER BROUGHT.
  4.  THE  MONIES AND PROCEEDS IN THE ASSET FORFEITURE ESCROW FUND SHALL
BE DEPOSITED AND SECURED IN THE MANNER PROVIDED BY SECTION TEN  OF  THIS
ARTICLE.    ALL  MONIES  AND PROCEEDS SO DEPOSITED IN SUCH FUND SHALL BE
KEPT IN A SEPARATE BANK ACCOUNT. THE CHIEF FISCAL OFFICER MAY INVEST THE
MONEYS IN SUCH FUND IN THE MANNER PROVIDED IN  SECTION  ELEVEN  OF  THIS
ARTICLE.  ANY INTEREST EARNED OR CAPITAL GAINS REALIZED ON THE MONEYS SO
DEPOSITED OR INVESTED SHALL ACCRUE TO AND BECOME PART OF SUCH FUND.  THE
SEPARATE  IDENTITY  OF SUCH FUND SHALL BE MAINTAINED, WHETHER ITS ASSETS
CONSIST OF CASH, INVESTMENTS, OR BOTH.
  5. EVERY CLAIM FOR THE PAYMENT OF  MONEY  FROM  THE  ASSET  FORFEITURE
ESCROW  FUND SHALL SPECIFY THE PURPOSE OF THE REQUESTED PAYMENT AND MUST
BE ACCOMPANIED BY A WRITTEN CERTIFICATION THAT  THE  EXPENDITURE  IS  IN
COMPLIANCE  WITH  ALL APPLICABLE LAWS.  PAYMENTS FROM SUCH FUND SHALL BE
MADE BY THE CHIEF FISCAL OFFICER SUBJECT TO THE  REQUIRED  CERTIFICATION
AND THE DETERMINATION OF FUND SUFFICIENCY.
  6.  THE  CHIEF FISCAL OFFICER, AT THE TERMINATION OF EACH FISCAL YEAR,
SHALL RENDER A DETAILED REPORT OF THE OPERATION  AND  CONDITION  OF  THE
ASSET  FORFEITURE ESCROW FUND TO THE GOVERNING BOARD AND THE STATE COMP-
TROLLER. SUCH REPORT SHALL BE SUBJECT  TO  EXAMINATION  AND  AUDIT.  THE
CHIEF  FISCAL  OFFICER MAY ACCOUNT FOR SUCH FUND SEPARATE AND APART FROM
ALL OTHER FUNDS OF THE VILLAGE, TOWN, COUNTY, AND CITY.
  § 8. Section 1352 of the civil practice law and  rules,  as  added  by
chapter 669 of the laws of 1984, is amended to read as follows:
  §  1352.  Preservation  of  other  rights  and  remedies. The remedies
provided for in this article are not intended to substitute for or limit
or [supercede] SUPERSEDE the lawful authority of any public  officer  or
agency or other person to enforce any other right or remedy provided for
by law. THE EXERCISE OF SUCH LAWFUL AUTHORITY IN THE FORFEITURE OF PROP-
ERTY ALLEGED TO BE THE PROCEEDS, SUBSTITUTE PROCEEDS, INSTRUMENTALITY OF
A  CRIME  OR  REAL  PROPERTY  INSTRUMENTALITY  OF CRIME MUST INCLUDE THE
PROVISION OF A PROMPT OPPORTUNITY TO BE HEARD FOR THE  OWNER  OF  SEIZED
PROPERTY  IN  ORDER  TO  ENSURE  THE LEGITIMACY AND THE NECESSITY OF ITS
CONTINUED RETENTION BY LAW ENFORCEMENT, AS WELL AS CLEAR NOTICE OF DEAD-
LINES FOR ACCOMPLISHING THE RETURN OF SUCH PROPERTY.
  § 9. Subdivision 11 of section 1311 of  the  civil  practice  law  and
rules is amended by adding a new paragraph (d) to read as follows:
  (D) ANY STIPULATION, SETTLEMENT AGREEMENT, JUDGEMENT, ORDER OR AFFIDA-
VIT  REQUIRED  TO  BE  GIVEN  TO  THE STATE DIVISION OF CRIMINAL JUSTICE
SERVICES PURSUANT TO THIS SUBDIVISION SHALL INCLUDE THE DEFENDANT'S NAME
AND SUCH OTHER DEMOGRAPHIC DATA AS REQUIRED BY  THE  STATE  DIVISION  OF
CRIMINAL JUSTICE SERVICES.

S. 1505                            195                           A. 2005

  §  10.  Subdivision 6 of section 220.50 of the criminal procedure law,
as added by chapter 655 of the laws of  1990,  is  amended  to  read  as
follows:
  6. Where the defendant consents to a plea of guilty to the indictment,
or  part  of  the  indictment,  or consents to be prosecuted by superior
court information as set forth in section 195.20 of this chapter, and if
the defendant and prosecutor agree that as a condition of  the  plea  or
the  superior  court  information certain property shall be forfeited by
the defendant, the description and present estimated monetary  value  of
the  property  shall be stated in court by the prosecutor at the time of
plea. Within thirty days of the acceptance of the plea or superior court
information by the court, the prosecutor shall send to the  commissioner
of  the  division of criminal justice services a document containing the
name of the defendant, the description and  present  estimated  monetary
value  of  the  property,  ANY OTHER DEMOGRAPHIC DATA AS REQUIRED BY THE
DIVISION OF CRIMINAL JUSTICE SERVICES and the date the plea or  superior
court  information was accepted. Any property forfeited by the defendant
as a condition to a plea of guilty to an indictment, or a part  thereof,
or  to  a superior court information, shall be disposed of in accordance
with the provisions of section thirteen hundred forty-nine of the  civil
practice law and rules.
  §  11.  Subdivision  4 of section 480.10 of the penal law, as added by
chapter 655 of the laws of 1990, is amended to read as follows:
  4. The prosecutor shall promptly file a copy of the special forfeiture
information, including the terms thereof, with  the  state  division  of
criminal  justice  services  and  with  the local agency responsible for
criminal justice planning. Failure to file such information shall not be
grounds for any relief under this chapter.  THE  PROSECUTOR  SHALL  ALSO
REPORT SUCH DEMOGRAPHIC DATA AS REQUIRED BY THE STATE DIVISION OF CRIMI-
NAL JUSTICE SERVICES WHEN FILING A COPY OF THE SPECIAL FORFEITURE INFOR-
MATION WITH THE STATE DIVISION OF CRIMINAL JUSTICE SERVICES.
  §  12.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law and shall apply to  crimes  which  were
committed on or after such date.

                                 PART QQ

  Section 1. The family court act is amended by adding a new article 5-C
to read as follows:
                                ARTICLE 5-C
                        CHILD-PARENT SECURITY ACT
PART 1. GENERAL PROVISIONS (581-101 - 581-103)
     2. JUDGMENT OF PARENTAGE (581-201 - 581-205)
     3. CHILD OF ASSISTED REPRODUCTION (581-301 - 581-307)
     4. GESTATIONAL AGREEMENT (581-401 - 581-411)
     5. PAYMENT TO DONORS AND GESTATIONAL CARRIERS (581-501 - 581-502)
     6. MISCELLANEOUS PROVISIONS (581-601 - 581-604)

                                 PART 1
                           GENERAL PROVISIONS
SECTION 581-101. SHORT TITLE.
        581-102. PURPOSE.
        581-103. DEFINITIONS.
  §  581-101.  SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED
AS THE "CHILD-PARENT SECURITY ACT".

S. 1505                            196                           A. 2005

  § 581-102. PURPOSE. THE PURPOSE OF THIS ARTICLE IS TO  LEGALLY  ESTAB-
LISH  A  CHILD'S  RELATIONSHIP  TO HIS OR HER PARENTS WHERE THE CHILD IS
CONCEIVED THROUGH COLLABORATIVE REPRODUCTION.
  § 581-103. DEFINITIONS.  (A) "ASSISTED REPRODUCTION" MEANS A METHOD OF
CAUSING  PREGNANCY OTHER THAN SEXUAL INTERCOURSE AND INCLUDES BUT IS NOT
LIMITED TO:
  1. INTRAUTERINE OR VAGINAL INSEMINATION;
  2. DONATION OF GAMETES;
  3. DONATION OF EMBRYOS;
  4. IN VITRO FERTILIZATION AND TRANSFER OF EMBRYOS; AND
  5. INTRACYTOPLASMIC SPERM INJECTION.
  (B) "ASSISTED REPRODUCTIVE TECHNOLOGY" OR  "ART"  IS  ANY  MEDICAL  OR
SCIENTIFIC INTERVENTION, INCLUDING, BUT NOT LIMITED TO, ASSISTED REPROD-
UCTION,  PROVIDED  FOR  THE PURPOSE OF ACHIEVING LIVE BIRTH THAT RESULTS
FROM ASSISTED CONCEPTION. ASSISTED CONCEPTION MEANS THE FORMATION  OF  A
HUMAN EMBRYO OUTSIDE THE BODY WITH THE INTENT TO PRODUCE A LIVE BIRTH.
  (C)  "CHILD"  MEANS  A LIVE BORN INDIVIDUAL OF ANY AGE WHOSE PARENTAGE
MAY BE DETERMINED UNDER THIS ACT OR OTHER LAW.
  (D) "COLLABORATIVE REPRODUCTION" INVOLVES ARTIFICIAL INSEMINATION WITH
DONOR SPERM AND ANY ASSISTED REPRODUCTION IN WHICH AN  INDIVIDUAL  OTHER
THAN THE INTENDED PARENT PROVIDES GENETIC MATERIAL OR AGREES TO ACT AS A
GESTATIONAL CARRIER. IT CAN INCLUDE, BUT IS NOT LIMITED TO, (1) ATTEMPTS
BY  THE INTENDED PARENT TO CREATE A CHILD THROUGH MEANS OF A GESTATIONAL
ARRANGEMENT, WITH OR  WITHOUT  THE  INVOLVEMENT  OF  A  DONOR,  AND  (2)
ASSISTED  REPRODUCTION  INVOLVING A DONOR WHERE A GESTATIONAL CARRIER IS
NOT USED.
  (E) "COMPENSATION" MEANS PAYMENT OF  ANY  VALUABLE  CONSIDERATION  FOR
TIME, EFFORT, PAIN AND/OR RISK TO HEALTH IN EXCESS OF REASONABLE MEDICAL
AND ANCILLARY COSTS.
  (F) "DONOR" MEANS AN INDIVIDUAL WHO PRODUCES GAMETES AND PROVIDES THEM
TO ANOTHER PERSON OTHER THAN THE INDIVIDUAL'S SPOUSE FOR USE IN ASSISTED
REPRODUCTION,  WHETHER  OR NOT FOR COMPENSATION, AND WHO DOES NOT INTEND
TO BE A PARENT. DONOR ALSO INCLUDES  AN  INDIVIDUAL  WITH  DISPOSITIONAL
CONTROL  OF  AN EMBRYO WHO PROVIDES IT TO ANOTHER PERSON FOR THE PURPOSE
OF GESTATION AND RELINQUISHES ALL PRESENT AND FUTURE PARENTAL AND INHER-
ITANCE RIGHTS AND OBLIGATIONS TO A RESULTING CHILD.
  (G) "EMBRYO" MEANS A CELL OR  GROUP  OF  CELLS  CONTAINING  A  DIPLOID
COMPLEMENT  OF  CHROMOSOMES  OR  GROUP  OF  SUCH  CELLS, NOT A GAMETE OR
GAMETES, THAT HAS THE POTENTIAL TO DEVELOP INTO A LIVE BORN HUMAN  BEING
IF  TRANSFERRED  INTO  THE  BODY  OF  A  WOMAN UNDER CONDITIONS IN WHICH
GESTATION MAY BE REASONABLY EXPECTED TO OCCUR.
  (H) "EMBRYO TRANSFER" MEANS ALL MEDICAL AND LABORATORY PROCEDURES THAT
ARE NECESSARY TO EFFECTUATE THE TRANSFER OF AN EMBRYO INTO  THE  UTERINE
CAVITY.
  (I)  "GAMETE" MEANS A CELL CONTAINING A HAPLOID COMPLEMENT OF DNA THAT
HAS THE POTENTIAL TO FORM AN EMBRYO WHEN COMBINED WITH  ANOTHER  GAMETE.
SPERM AND EGGS ARE GAMETES. A GAMETE MAY CONSIST OF NUCLEAR DNA FROM ONE
HUMAN  BEING  COMBINED WITH THE CYTOPLASM, INCLUDING CYTOPLASMIC DNA, OF
ANOTHER HUMAN BEING.
  (J) "GESTATIONAL AGREEMENT" IS A CONTRACT BETWEEN AN  INTENDED  PARENT
AND  A  GESTATIONAL CARRIER INTENDED TO RESULT IN A LIVE BIRTH WHERE THE
CHILD WILL BE THE LEGAL CHILD OF THE INTENDED PARENT.
  (K) "GESTATIONAL CARRIER"  MEANS  AN  ADULT  PERSON  NOT  AN  INTENDED
PARENT, WHO ENTERS INTO A GESTATIONAL AGREEMENT TO BEAR A CHILD WHO WILL
BE  THE  LEGAL  CHILD  OF  THE  INTENDED  PARENT  SO LONG AS SHE HAS NOT
PROVIDED THE EGG USED TO CONCEIVE THE RESULTING CHILD.

S. 1505                            197                           A. 2005

  (L) "GESTATIONAL CARRIER ARRANGEMENT" MEANS THE  PROCESS  BY  WHICH  A
GESTATIONAL  CARRIER ATTEMPTS TO CARRY AND GIVE BIRTH TO A CHILD CREATED
THROUGH ASSISTED REPRODUCTION SO LONG AS THE GESTATIONAL CARRIER HAS NOT
PROVIDED THE EGG USED TO CONCEIVE THE RESULTING CHILD.
  (M)  "HEALTH CARE PRACTITIONER" MEANS AN INDIVIDUAL LICENSED OR CERTI-
FIED UNDER TITLE EIGHT OF THE EDUCATION LAW ACTING  WITHIN  HIS  OR  HER
SCOPE OF PRACTICE.
  (N)  "INTENDED  PARENT"  IS  AN INDIVIDUAL WHO MANIFESTS THE INTENT AS
PROVIDED IN THIS ACT TO BE LEGALLY  BOUND  AS  THE  PARENT  OF  A  CHILD
RESULTING FROM ASSISTED REPRODUCTION OR COLLABORATIVE REPRODUCTION.
  (O)  "IN  VITRO  FERTILIZATION"  MEANS THE FORMATION OF A HUMAN EMBRYO
OUTSIDE THE HUMAN BODY.
  (P) "PARENT" MEANS AN INDIVIDUAL WHO HAS  ESTABLISHED  A  PARENT-CHILD
RELATIONSHIP UNDER THIS ACT OR OTHER LAW AND INCLUDES, BUT IS NOT LIMIT-
ED  TO:  (1)  A CHILD'S BIRTH PARENT WHO IS NOT A GESTATIONAL CARRIER OR
THE SPOUSE OF THE GESTATIONAL CARRIER; (2) A CHILD'S GENETIC PARENT  WHO
IS  NOT  THE DONOR; (3) AN INDIVIDUAL WHO HAS LEGALLY ADOPTED THE CHILD;
(4) AN INDIVIDUAL WHO IS A PARENT OF  THE  CHILD  PURSUANT  TO  A  LEGAL
PRESUMPTION;  (5) AN INDIVIDUAL WHO IS A PARENT OF THE CHILD PURSUANT TO
AN ACKNOWLEDGMENT OR JUDGMENT OF PARENTAGE PURSUANT TO  ARTICLE  TWO  OF
THIS  ACT  OR  OTHER LAW; (6) AN INDIVIDUAL WHO IS A PARENT OF THE CHILD
PURSUANT TO ARTICLE THREE OR FOUR OF THIS ACT.
  (Q) "PARTICIPANT" MEANS AN INDIVIDUAL WHO  PROVIDES  A  BIOLOGICAL  OR
GENETIC  COMPONENT OF ASSISTED REPRODUCTION, AN INTENDED PARENT, AND THE
SPOUSE OF AN INTENDED PARENT OR  GESTATIONAL  CARRIER.  GESTATION  IS  A
BIOLOGICAL COMPONENT WITHIN THE MEANING OF THIS DEFINITION.
  (R)  "RECORD"  MEANS  INFORMATION  INSCRIBED  IN  A TANGIBLE MEDIUM OR
STORED IN AN ELECTRONIC OR OTHER MEDIUM THAT IS RETRIEVABLE IN PERCEIVA-
BLE FORM.
  (S) "RETRIEVAL" MEANS THE PROCUREMENT OF EGGS OR SPERM FROM  A  GAMETE
PROVIDER.
  (T)  "SPOUSE"  MEANS  AN  INDIVIDUAL  MARRIED TO ANOTHER, OR WHO HAS A
LEGAL RELATIONSHIP ENTERED INTO UNDER THE LAWS OF THE UNITED  STATES  OR
OF  ANY  STATE,  LOCAL  OR  FOREIGN JURISDICTION, WHICH IS SUBSTANTIALLY
EQUIVALENT TO A MARRIAGE, INCLUDING A CIVIL UNION OR  DOMESTIC  PARTNER-
SHIP.
  (U) "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
BIA,  PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITORY OR
INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
  (V) "TRANSFER" MEANS THE PLACEMENT OF AN EMBRYO OR  GAMETES  INTO  THE
BODY OF A WOMAN WITH THE INTENT TO ACHIEVE PREGNANCY AND LIVE BIRTH.

                                 PART 2
                          JUDGMENT OF PARENTAGE
SECTION 581-201. JUDGMENT OF PARENTAGE.
        581-202. PROCEEDING  FOR  JUDGMENT  OF PARENTAGE OF A CHILD BORN
                   THROUGH ASSISTED REPRODUCTION.
        581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF  A  CHILD  BORN
                   PURSUANT TO A GESTATIONAL CARRIER ARRANGEMENT.
        581-204. JUDGMENT  OF  PARENTAGE  FOR  INTENDED  PARENTS WHO ARE
                   SPOUSES.
        581-205. JURISDICTION.
  § 581-201. JUDGMENT OF PARENTAGE.  (A) A CIVIL PROCEEDING MAY BE MAIN-
TAINED TO ADJUDICATE THE PARENTAGE OF A CHILD  UNDER  THE  CIRCUMSTANCES
SET  FORTH  IN  THIS  ARTICLE.  THIS PROCEEDING IS GOVERNED BY THE CIVIL
PRACTICE LAW AND RULES.

S. 1505                            198                           A. 2005

  (B) A JUDGMENT OF PARENTAGE MAY BE ISSUED PRIOR TO BIRTH BUT SHALL NOT
BECOME EFFECTIVE UNTIL THE BIRTH OF THE CHILD.
  (C)  A  JUDGMENT  OF  PARENTAGE  SHALL BE ISSUED BY THE COURT UPON THE
PETITION OF (1) A CHILD, OR (2) A PARENT OR A PRESUMED PARENT, OR (3)  A
PARTICIPANT, OR (4) THE SUPPORT/ENFORCEMENT AGENCY OR OTHER GOVERNMENTAL
AGENCY  AUTHORIZED  BY  OTHER LAW, OR (5) A REPRESENTATIVE AUTHORIZED BY
LAW TO ACT FOR AN INDIVIDUAL WHO WOULD OTHERWISE BE ENTITLED TO MAINTAIN
A PROCEEDING BUT WHO IS DECEASED, INCAPACITATED, OR A MINOR, IN ORDER TO
LEGALLY ESTABLISH THE CHILD-PARENT RELATIONSHIP OF EITHER A  CHILD  BORN
THROUGH  ASSISTED  REPRODUCTION  UNDER  PART  THREE OF THIS ARTICLE OR A
CHILD BORN PURSUANT TO A GESTATIONAL CARRIER ARRANGEMENT UNDER PART FOUR
OF THIS ARTICLE.
  § 581-202. PROCEEDING FOR  JUDGMENT  OF  PARENTAGE  OF  A  CHILD  BORN
THROUGH  ASSISTED  REPRODUCTION.    (A)  A  PROCEEDING FOR A JUDGMENT OF
PARENTAGE MAY BE COMMENCED:
  (1) IF THE INTENDED PARENT RESIDES IN NEW YORK STATE,  IN  THE  COUNTY
WHERE  THE  INTENDED PARENT RESIDES ANY TIME AFTER PREGNANCY IS ACHIEVED
OR IN THE COUNTY WHERE THE CHILD WAS BORN OR RESIDES; OR
  (2) IF THE INTENDED PARENT AND CHILD DO NOT RESIDE IN NEW YORK  STATE,
UP  TO  NINETY DAYS AFTER THE BIRTH OF THE CHILD IN THE COUNTY WHERE THE
CHILD WAS BORN.
  (B) THE PETITION FOR A JUDGMENT OF  PARENTAGE  MUST  BE  VERIFIED  AND
INCLUDE THE FOLLOWING:
  (1)  A  STATEMENT  THAT THE INTENDED PARENT HAS BEEN A RESIDENT OF THE
STATE FOR AT LEAST NINETY DAYS OR IF THE INTENDED PARENT IS  NOT  A  NEW
YORK STATE RESIDENT, THAT THE CHILD WAS BORN IN THE STATE; AND
  (2)  A  STATEMENT  FROM THE GESTATING PARENT THAT THE GESTATING PARENT
BECAME PREGNANT AS A RESULT OF THE DONATION OF THE GAMETE OR EMBRYO  AND
A REPRESENTATION OF NON-ACCESS DURING THE TIME OF CONCEPTION; AND
  (3)  A  STATEMENT  THAT THE NON-GESTATING INTENDED PARENT CONSENTED TO
ASSISTED REPRODUCTION PURSUANT TO SECTION 581-304 OF THIS ARTICLE; AND
  (4) PROOF OF DONOR'S DONATIVE INTENT.
  (C) THE FOLLOWING SHALL BE DEEMED SUFFICIENT PROOF OF A DONOR'S  DONA-
TIVE INTENT FOR PURPOSES OF THIS SECTION:
  (1) IN THE CASE OF AN ANONYMOUS DONOR OR WHERE GAMETES OR EMBRYOS HAVE
PREVIOUSLY  BEEN  RELINQUISHED TO A GAMETE OR EMBRYO STORAGE FACILITY, A
STATEMENT FROM THE GAMETE OR EMBRYO STORAGE FACILITY WITH CUSTODY OF THE
GAMETES OR EMBRYOS THAT THE  DONOR  DOES  NOT  RETAIN  ANY  PARENTAL  OR
PROPRIETARY INTEREST IN THE GAMETES OR EMBRYOS; OR
  (2)  IN  THE  CASE OF A DONATION FROM A KNOWN DONOR, A RECORD FROM THE
GAMETE OR EMBRYO DONOR ACKNOWLEDGING THE DONATION  AND  CONFIRMING  THAT
THE  DONOR  HAS  NO  PARENTAL  OR PROPRIETARY INTEREST IN THE GAMETES OR
EMBRYOS.  THE RECORD SHALL BE SIGNED BY THE GAMETE OR EMBRYO DONOR:
  I. BEFORE A NOTARY PUBLIC, OR
  II. BEFORE TWO WITNESSES WHO ARE NOT THE INTENDED PARENTS, OR
  III. BEFORE THE HEALTH CARE PROVIDER, WHO SUPERVISED THE DONATION.
  (3) IN THE ABSENCE OF A RECORD  PURSUANT  TO  PARAGRAPH  TWO  OF  THIS
SUBDIVISION,  NOTICE  SHALL  BE  GIVEN TO THE DONOR AT LEAST TWENTY DAYS
PRIOR TO THE PROCEEDING BY DELIVERY  OF  A  COPY  OF  THE  PETITION  AND
NOTICE.  UPON  A  SHOWING TO THE COURT, BY AFFIDAVIT OR OTHERWISE, ON OR
BEFORE THE DATE OF THE PROCEEDING OR WITHIN SUCH  FURTHER  TIME  AS  THE
COURT MAY ALLOW, THAT PERSONAL SERVICE CANNOT BE EFFECTED AT THE DONOR'S
LAST  KNOWN ADDRESS WITH REASONABLE EFFORT, NOTICE MAY BE GIVEN, WITHOUT
PRIOR COURT ORDER THEREFORE, AT LEAST TWENTY DAYS PRIOR TO THE  PROCEED-
ING  BY  REGISTERED OR CERTIFIED MAIL DIRECTED TO THE DONOR'S LAST KNOWN

S. 1505                            199                           A. 2005

ADDRESS. NOTICE BY PUBLICATION SHALL NOT BE REQUIRED TO BE  GIVEN  TO  A
DONOR ENTITLED TO NOTICE PURSUANT TO THE PROVISIONS OF THIS SECTION.
  (4)  NOTWITHSTANDING  THE  ABOVE,  WHERE  SPERM  IS PROVIDED UNDER THE
SUPERVISION OF A HEALTH CARE PROVIDER TO SOMEONE OTHER  THAN  THE  SPERM
PROVIDER'S  INTIMATE  PARTNER  OR  SPOUSE  WITHOUT A RECORD OF THE SPERM
PROVIDER'S INTENT TO PARENT, THE SPERM PROVIDER  IS  PRESUMED  TO  BE  A
DONOR AND NOTICE IS NOT REQUIRED.
  (D)  WHERE  A  PETITION  FOR PARENTAGE DEMONSTRATES THE CONSENT OF THE
INTENDED PARENT TO ASSISTED REPRODUCTION, THE  DONATIVE  INTENT  OF  THE
GAMETE  OR  EMBRYO  DONOR  AND  THAT  THE  PREGNANCY  RESULTED  FROM THE
DONATION, THE COURT SHALL ISSUE A JUDGMENT OF PARENTAGE:
  (1) DECLARING, THAT UPON THE BIRTH OF THE CHILD, THE  INTENDED  PARENT
IS THE ONLY LEGAL PARENT OF THE CHILD; AND
  (2) ORDERING THE INTENDED PARENT TO ASSUME SOLE RESPONSIBILITY FOR THE
MAINTENANCE  AND  SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH OF THE
CHILD; AND
  (3) ORDERING THAT UPON THE BIRTH OF THE CHILD, A COPY OF THE  JUDGMENT
OF  PARENTAGE BE SERVED ON THE (I) DEPARTMENT OF HEALTH OR NEW YORK CITY
DEPARTMENT OF MENTAL HEALTH AND HYGIENE, OR (II) REGISTRAR OF BIRTHS  IN
THE  HOSPITAL  WHERE  THE  CHILD IS BORN AND DIRECTING THAT THE HOSPITAL
REPORT THE PARENTAGE OF THE  CHILD  TO  THE  APPROPRIATE  DEPARTMENT  OF
HEALTH  IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH CERTIF-
ICATE HAS ALREADY ISSUED, THE COURT SHALL ISSUE AN ORDER  DIRECTING  THE
APPROPRIATE  DEPARTMENT  OF  HEALTH TO AMEND THE BIRTH CERTIFICATE IN AN
EXPEDITED MANNER AND SEAL THE PREVIOUSLY ISSUED BIRTH CERTIFICATE.
  § 581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD BORN PURSU-
ANT TO A GESTATIONAL CARRIER ARRANGEMENT.   (A) THE  PROCEEDING  MAY  BE
COMMENCED  AT ANY TIME AFTER THE GESTATIONAL AGREEMENT HAS BEEN EXECUTED
BY ALL OF THE PARTIES. ANY PARTY TO THE GESTATIONAL AGREEMENT NOT  JOIN-
ING  IN THE PETITION MUST BE SERVED WITH NOTICE OF THE PROCEEDING. FAIL-
URE TO RESPOND TO THE NOTICE  SHALL  BE  CONSIDERED  A  DEFAULT  AND  NO
FURTHER NOTICE SHALL BE REQUIRED.
  (B)  THE  PETITION  FOR  A  JUDGMENT OF PARENTAGE MUST BE VERIFIED AND
INCLUDE THE FOLLOWING:
  (1) A STATEMENT THAT THE GESTATIONAL CARRIER OR  THE  INTENDED  PARENT
HAS  BEEN  A  RESIDENT OF THE STATE FOR AT LEAST NINETY DAYS AT THE TIME
THE GESTATIONAL AGREEMENT WAS EXECUTED; AND
  (2) A CERTIFICATION FROM THE ATTORNEYS  REPRESENTING  THE  PETITIONERS
THAT  THE PARTIES ARE ELIGIBLE TO PARTICIPATE IN THE GESTATIONAL CARRIER
ARRANGEMENT AS REQUIRED BY SECTION 581-404 OF THIS ARTICLE AND THAT  THE
GESTATIONAL  AGREEMENT CONTAINS THE REQUIRED TERMS UNDER SECTION 581-405
OF THIS ARTICLE; AND
  (3) A STATEMENT THAT THE PARTIES ENTERED INTO THE  GESTATIONAL  AGREE-
MENT KNOWINGLY AND VOLUNTARILY.
  (C)  WHERE  A  PETITION SATISFIES SUBDIVISION (B) OF THIS SECTION, THE
COURT  SHALL  ISSUE  A  JUDGMENT  OF   PARENTAGE,   WITHOUT   ADDITIONAL
PROCEEDINGS OR DOCUMENTATION:
  (1)  DECLARING, THAT UPON THE BIRTH OF A CHILD BORN DURING THE TERM OF
THE GESTATIONAL AGREEMENT, THE INTENDED PARENT IS THE  LEGAL  PARENT  OF
THE CHILD; AND
  (2)  DECLARING, THAT UPON THE BIRTH OF A CHILD BORN DURING THE TERM OF
THE GESTATIONAL AGREEMENT, THE GESTATIONAL CARRIER, AND THE  GESTATIONAL
CARRIER'S SPOUSE, IF ANY, IS NOT THE LEGAL PARENT OF THE CHILD; AND
  (3)  ORDERING  THE  GESTATIONAL  CARRIER AND THE GESTATIONAL CARRIER'S
SPOUSE, IF ANY, TO TRANSFER THE CHILD TO THE INTENDED PARENT IF THIS HAS
NOT ALREADY OCCURRED; AND

S. 1505                            200                           A. 2005

  (4) ORDERING THE INTENDED PARENT TO ASSUME SOLE RESPONSIBILITY FOR THE
MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH  OF  THE
CHILD; AND
  (5)  ORDERING  THAT  WHEN THE CHILD IS BORN, A COPY OF THE JUDGMENT OF
PARENTAGE BE SERVED ON THE (I) DEPARTMENT OF HEALTH  OR  NEW  YORK  CITY
DEPARTMENT  OF MENTAL HEALTH AND HYGIENE, OR (II) REGISTRAR OF BIRTHS IN
THE HOSPITAL WHERE THE CHILD IS BORN AND  DIRECTING  THAT  THE  HOSPITAL
REPORT  THE  PARENTAGE  OF  THE  CHILD  TO THE APPROPRIATE DEPARTMENT OF
HEALTH IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH  CERTIF-
ICATE  HAS  ALREADY ISSUED, THE COURT SHALL ISSUE AN ORDER DIRECTING THE
APPROPRIATE DEPARTMENT OF HEALTH TO AMEND THE BIRTH  CERTIFICATE  IN  AN
EXPEDITED MANNER AND SEAL THE PREVIOUSLY ISSUED BIRTH CERTIFICATE.
  (D) IN THE EVENT THE CERTIFICATION REQUIRED BY PARAGRAPH TWO OF SUBDI-
VISION  (B)  OF  THIS  SECTION  CANNOT BE MADE BECAUSE OF A TECHNICAL OR
NON-SUBSTANTIAL DEVIATION FROM THE REQUIREMENTS OF SECTIONS  581-404  OR
581-405  OF  THIS ARTICLE; THE COURT MAY NEVERTHELESS ENFORCE THE AGREE-
MENT AND ISSUE AN ORDER OF PARENTAGE IF THE COURT DETERMINES THE  AGREE-
MENT  IS  IN  SUBSTANTIAL  COMPLIANCE  WITH THE REQUIREMENTS OF SECTIONS
581-404 AND 581-405 OF THIS ARTICLE.
  (E) THE AGREEMENT OF THE INTENDED PARENT  TO  PAY  REASONABLE  COMPEN-
SATION  TO  THE  GESTATIONAL CARRIER IN EXCESS OF REASONABLE MEDICAL AND
ANCILLARY COSTS SHALL NOT BE A BAR TO THE  ISSUANCE  OF  A  JUDGMENT  OF
PARENTAGE.
  § 581-204. JUDGMENT OF PARENTAGE FOR INTENDED PARENTS WHO ARE SPOUSES.
NOTWITHSTANDING  OR WITHOUT LIMITATION ON PRESUMPTIONS OF PARENTAGE THAT
APPLY, A JUDGMENT OF PARENTAGE  MAY  BE  OBTAINED  UNDER  THIS  PART  BY
INTENDED PARENTS WHO ARE EACH OTHER'S SPOUSE.
  §  581-205. JURISDICTION.  PROCEEDINGS PURSUANT TO THIS ARTICLE MAY BE
INSTITUTED IN THE SUPREME, FAMILY OR SURROGATE'S COURT.

                                 PART 3
                     CHILD OF ASSISTED REPRODUCTION
SECTION 581-301. SCOPE OF ARTICLE.
        581-302. STATUS OF DONOR.
        581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.
        581-304. CONSENT TO ASSISTED REPRODUCTION.
        581-305. LIMITATION ON SPOUSES' DISPUTE OF PARENTAGE OF CHILD OF
                   ASSISTED REPRODUCTION.
        581-306. EFFECT OF EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
                   PARENTS WHICH TRANSFERS CUSTODY AND  CONTROL  TO  ONE
                   INTENDED PARENT.
        581-307. EFFECT OF DEATH OF INTENDED PARENT.
  § 581-301. SCOPE OF ARTICLE.  THIS ARTICLE DOES NOT APPLY TO THE BIRTH
OF A CHILD CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.
  §  581-302.  STATUS  OF  DONOR.    A  DONOR IS NOT A PARENT OF A CHILD
CONCEIVED BY MEANS OF ASSISTED REPRODUCTION.
  § 581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.  (A) AN  INDI-
VIDUAL WHO PROVIDES GAMETES FOR ASSISTED REPRODUCTION WITH THE INTENT TO
BE  A PARENT OF THE CHILD AND CONSENTS TO ASSISTED REPRODUCTION WITH THE
CONSENT OF THE GESTATING PARENT AS PROVIDED IN SECTION 581-304  OF  THIS
PART, IS A PARENT OF THE RESULTING CHILD FOR ALL LEGAL PURPOSES.
  (B) UPON APPLICATION BY ANY PARTICIPANT, THE COURT SHALL ISSUE A JUDG-
MENT  OF  PARENTAGE  TO ANY PARTICIPANT WHO IS A PARENT PURSUANT TO THIS
ACT.
  § 581-304. CONSENT TO ASSISTED REPRODUCTION.  (A) WHERE  THE  INTENDED
PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF ASSISTED REPRODUCTION IS A

S. 1505                            201                           A. 2005

SPOUSE,  THE  CONSENT  OF  BOTH  SPOUSES TO THE ASSISTED REPRODUCTION IS
PRESUMED AND NEITHER SPOUSE MAY CHALLENGE THE PARENTAGE  OF  THE  CHILD,
EXCEPT AS PROVIDED IN SECTION 581-305 OF THIS PART.
  (B)  WHERE  THE INTENDED PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF
ASSISTED REPRODUCTION IS NOT A  SPOUSE,  THE  CONSENT  TO  THE  ASSISTED
REPRODUCTION  MUST  BE  IN  A RECORD IN SUCH A MANNER AS TO INDICATE THE
MUTUAL AGREEMENT OF THE INTENDED PARENTS TO CONCEIVE AND PARENT A  CHILD
TOGETHER.
  (C)  THE  ABSENCE  OF  A  RECORD  DESCRIBED IN SUBDIVISION (B) OF THIS
SECTION SHALL NOT PRECLUDE A FINDING THAT SUCH CONSENT  EXISTED  IF  THE
COURT  FINDS  BY  CLEAR  AND CONVINCING EVIDENCE THAT AT THE TIME OF THE
ASSISTED REPRODUCTION THE INTENDED PARENTS AGREED TO CONCEIVE AND PARENT
THE CHILD TOGETHER.
  § 581-305. LIMITATION ON SPOUSES' DISPUTE OF  PARENTAGE  OF  CHILD  OF
ASSISTED  REPRODUCTION.  (A) EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION
(B) OF THIS SECTION, NEITHER SPOUSE MAY  CHALLENGE  THE  PRESUMPTION  OF
PARENTAGE OF THE CHILD UNLESS:
  (1)  WITHIN  TWO  YEARS  AFTER  LEARNING  OF  THE BIRTH OF THE CHILD A
PROCEEDING IS COMMENCED TO ADJUDICATE PARENTAGE; AND
  (2) THE COURT FINDS BY  CLEAR  AND  CONVINCING  EVIDENCE  THAT  EITHER
SPOUSE  DID  NOT  CONSENT FOR THE NON-GESTATING SPOUSE TO BE A PARENT OF
THE CHILD.
  (B) A PROCEEDING FOR A JUDGMENT OF PARENTAGE MAY BE MAINTAINED AT  ANY
TIME IF THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT:
  (1)  THE  SPOUSE DID NOT CONSENT TO ASSISTED REPRODUCTION BY THE INDI-
VIDUAL WHO GAVE BIRTH; AND
  (2) THE SPOUSE AND THE INDIVIDUAL WHO GAVE BIRTH  HAVE  NOT  COHABITED
SINCE THE SPOUSE KNEW OR HAD REASON TO KNOW OF THE PREGNANCY; AND
  (3) THE SPOUSE NEVER OPENLY HELD OUT THE CHILD AS HIS OR HER OWN.
  (C)  THE  LIMITATION  PROVIDED  IN  THIS  SECTION APPLIES TO A SPOUSAL
RELATIONSHIP THAT HAS BEEN DECLARED INVALID AFTER ASSISTED  REPRODUCTION
OR ARTIFICIAL INSEMINATION.
  §  581-306.  EFFECT  OF  EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
PARENTS WHICH TRANSFERS CUSTODY AND CONTROL TO ONE INTENDED PARENT.  (A)
AN EMBRYO DISPOSITION AGREEMENT  BETWEEN  INTENDED  PARENTS  WITH  JOINT
CUSTODY  AND  CONTROL  OF AN EMBRYO SHALL BE BINDING UNDER THE FOLLOWING
CIRCUMSTANCES:
  (1) IT IS IN WRITING;
  (2) EACH INTENDED PARENT HAD  THE  ADVICE  OF  COUNSEL  PRIOR  TO  ITS
EXECUTION; AND
  (3)  WHERE  THE  INTENDED PARENTS ARE MARRIED, TRANSFER OF CUSTODY AND
CONTROL OCCURS ONLY UPON DIVORCE.
  (B) THE INTENDED PARENT WHO  TRANSFERS  CUSTODY  AND  CONTROL  OF  THE
EMBRYO  IS  NOT  A  PARENT  OF ANY CHILD BORN FROM THE EMBRYO UNLESS THE
AGREEMENT STATES THAT HE OR SHE CONSENTS TO BE A PARENT.
  (C) IF THE INTENDED PARENT TRANSFERRING CUSTODY AND  CONTROL  CONSENTS
TO BE A PARENT, HE OR SHE MAY WITHDRAW HIS OR HER CONSENT TO BE A PARENT
UPON  NOTICE  TO  THE  EMBRYO STORAGE FACILITY AND TO THE OTHER INTENDED
PARENT PRIOR TO TRANSFER OF THE EMBRYO. IF HE OR  SHE  TIMELY  WITHDRAWS
CONSENT  TO  PARENT  HE OR SHE IS NOT A PARENT FOR ANY PURPOSE INCLUDING
SUPPORT OBLIGATIONS BUT THE EMBRYO TRANSFER MAY STILL PROCEED.
  (D) AN EMBRYO DISPOSITION AGREEMENT OR ADVANCE DIRECTIVE THAT  IS  NOT
IN COMPLIANCE WITH SUBDIVISION (A) OF THIS SECTION MAY STILL BE FOUND TO
BE  ENFORCEABLE BY THE COURT AFTER BALANCING THE RESPECTIVE INTERESTS OF
THE PARTIES EXCEPT THAT UNDER NO CIRCUMSTANCES MAY THE  INTENDED  PARENT
WHO  DIVESTED  HIM OR HERSELF OF CUSTODY AND CONTROL BE DECLARED TO BE A

S. 1505                            202                           A. 2005

PARENT FOR ANY PURPOSE WITHOUT HIS OR HER CONSENT.  THE  PARENT  AWARDED
CUSTODY  AND CONTROL OF THE EMBRYOS SHALL, IN THIS INSTANCE, BE DECLARED
TO BE THE ONLY PARENT OF THE CHILD.
  §  581-307.  EFFECT OF DEATH OF INTENDED PARENT.  IF AN INDIVIDUAL WHO
CONSENTED IN A RECORD TO BE  A  PARENT  BY  ASSISTED  REPRODUCTION  DIES
BEFORE  THE TRANSFER OF EGGS, SPERM, OR EMBRYOS, THE DECEASED INDIVIDUAL
IS NOT A PARENT OF THE RESULTING CHILD UNLESS  THE  DECEASED  INDIVIDUAL
CONSENTED IN A SIGNED RECORD THAT IF ASSISTED REPRODUCTION WERE TO OCCUR
AFTER  DEATH,  THE  DECEASED  INDIVIDUAL WOULD BE A PARENT OF THE CHILD,
PROVIDED THAT THE RECORD COMPLIES WITH THE ESTATES,  POWERS  AND  TRUSTS
LAW.

                                 PART 4
                          GESTATIONAL AGREEMENT
SECTION 581-401. GESTATIONAL AGREEMENT AUTHORIZED.
        581-404. ELIGIBILITY.
        581-405. REQUIREMENTS OF GESTATIONAL AGREEMENT.
        581-406. TERMINATION OF GESTATIONAL AGREEMENT.
        581-407. GESTATIONAL  AGREEMENT:  EFFECT  OF  SUBSEQUENT SPOUSAL
                   RELATIONSHIP.
        581-408. FAILURE TO OBTAIN A JUDGMENT OF PARENTAGE.
        581-409. DISPUTE AS TO GESTATIONAL AGREEMENT.
        581-410. INSPECTION OF RECORDS.
        581-411. EXCLUSIVE, CONTINUING JURISDICTION.
  § 581-401. GESTATIONAL AGREEMENT AUTHORIZED.   (A) IF  ELIGIBLE  UNDER
THIS ARTICLE TO ENTER INTO A GESTATIONAL AGREEMENT, A GESTATIONAL CARRI-
ER,  THE  GESTATIONAL  CARRIER'S  SPOUSE IF APPLICABLE, AND THE INTENDED
PARENT MAY ENTER INTO A GESTATIONAL AGREEMENT WHICH WILL BE  ENFORCEABLE
PROVIDED  THE GESTATIONAL AGREEMENT MEETS THE REQUIREMENTS OF THIS ARTI-
CLE.
  (B) A GESTATIONAL AGREEMENT SHALL NOT APPLY TO THE BIRTH  OF  A  CHILD
CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.
  (C)  A  GESTATIONAL  AGREEMENT MAY PROVIDE FOR PAYMENT OF COMPENSATION
UNDER PART FIVE OF THIS ARTICLE.
  (D) A GESTATIONAL AGREEMENT MAY NOT LIMIT THE RIGHT OF THE GESTATIONAL
CARRIER TO MAKE DECISIONS TO SAFEGUARD THE GESTATIONAL CARRIER'S  HEALTH
OR THAT OF ANY FETUS OR EMBRYO THE GESTATIONAL CARRIER IS CARRYING.
  (E) A GESTATIONAL AGREEMENT MAY NOT LIMIT THE RIGHT OF THE GESTATIONAL
CARRIER  TO  TERMINATE  THE PREGNANCY OR REDUCE THE NUMBER OF FETUSES OR
EMBRYOS THE GESTATIONAL CARRIER IS CARRYING.
  § 581-404. ELIGIBILITY.  (A) A GESTATIONAL CARRIER SHALL  BE  ELIGIBLE
TO ENTER INTO AN ENFORCEABLE GESTATIONAL AGREEMENT UNDER THIS ARTICLE IF
THE  GESTATIONAL  CARRIER HAS MET THE FOLLOWING REQUIREMENTS AT THE TIME
THE GESTATIONAL AGREEMENT IS EXECUTED:
  (1) THE GESTATIONAL CARRIER IS AT LEAST TWENTY-ONE YEARS OF AGE; AND
  (2) THE GESTATIONAL CARRIER HAS NOT PROVIDED THE EGG USED TO  CONCEIVE
THE RESULTING CHILD; AND
  (3)  THE GESTATIONAL CARRIER HAS COMPLETED A MEDICAL EVALUATION WITH A
HEALTH CARE PRACTITIONER RELATING TO THE ANTICIPATED PREGNANCY; AND
  (4) THE GESTATIONAL CARRIER, AND THE GESTATIONAL CARRIER'S  SPOUSE  IF
APPLICABLE  HAVE  UNDERGONE  LEGAL  CONSULTATION  WITH INDEPENDENT LEGAL
COUNSEL OF THEIR OWN CHOOSING WHICH MAY BE  PAID  FOR  BY  THE  INTENDED
PARENT  REGARDING  THE TERMS OF THE GESTATIONAL AGREEMENT AND THE POTEN-
TIAL LEGAL CONSEQUENCES OF THE GESTATIONAL CARRIER ARRANGEMENT; AND
  (5) THE GESTATIONAL CARRIER HAS, OR THE GESTATIONAL  AGREEMENT  STIPU-
LATES  THAT  PRIOR  TO THE EMBRYO TRANSFER, THE GESTATIONAL CARRIER WILL

S. 1505                            203                           A. 2005

OBTAIN, A HEALTH INSURANCE POLICY THAT COVERS MAJOR  MEDICAL  TREATMENTS
AND  HOSPITALIZATION,  AND  THE  HEALTH INSURANCE POLICY HAS A TERM THAT
EXTENDS THROUGHOUT THE DURATION OF THE EXPECTED PREGNANCY AND FOR  EIGHT
WEEKS  AFTER THE BIRTH OF THE CHILD; THE POLICY MAY BE PROCURED AND PAID
FOR BY THE INTENDED PARENTS ON BEHALF OF THE GESTATIONAL CARRIER  PURSU-
ANT TO THE GESTATIONAL AGREEMENT.
  (B) THE INTENDED PARENT SHALL BE ELIGIBLE TO ENTER INTO AN ENFORCEABLE
GESTATIONAL  AGREEMENT  UNDER  THIS ARTICLE IF HE, SHE, OR THEY HAVE MET
THE FOLLOWING REQUIREMENTS AT THE TIME  THE  GESTATIONAL  AGREEMENT  WAS
EXECUTED:
  (1)  HE, SHE, OR THEY HAVE UNDERGONE LEGAL CONSULTATION WITH INDEPEND-
ENT LEGAL COUNSEL REGARDING THE TERMS OF THE GESTATIONAL  AGREEMENT  AND
THE POTENTIAL LEGAL CONSEQUENCES OF THE GESTATIONAL CARRIER ARRANGEMENT;
AND
  (2) HE OR SHE IS AN ADULT PERSON WHO IS NOT IN A SPOUSAL RELATIONSHIP,
OR  ADULT  SPOUSES TOGETHER, OR ANY TWO ADULTS WHO ARE INTIMATE PARTNERS
TOGETHER, EXCEPT THE SPOUSE OF THE INTENDED PARENT IS NOT REQUIRED TO BE
A PARTY TO THE GESTATIONAL AGREEMENT AND SHALL NOT HAVE PARENTAL  RIGHTS
OR  OBLIGATIONS  TO  THE  CHILD WHERE THE INTENDED PARENT AND HIS OR HER
SPOUSE:
  (I) ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDGMENT  OF
SEPARATION  OR  PURSUANT TO A WRITTEN AGREEMENT OF SEPARATION SUBSCRIBED
BY THE PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE  FORM  REQUIRED
TO ENTITLE A DEED TO BE RECORDED; OR
  (II)  HAVE  BEEN  LIVING  SEPARATE  AND APART FOR AT LEAST THREE YEARS
PRIOR TO EXECUTION OF THE GESTATIONAL AGREEMENT.
  § 581-405. REQUIREMENTS OF GESTATIONAL AGREEMENT.  (A)  A  GESTATIONAL
AGREEMENT  SHALL  BE  DEEMED  TO HAVE SATISFIED THE REQUIREMENTS OF THIS
ARTICLE AND BE ENFORCEABLE IF IT MEETS THE FOLLOWING REQUIREMENTS:
  (1) IT SHALL BE IN A SIGNED RECORD VERIFIED BY:
  I. THE INTENDED PARENTS, AND
  II. THE GESTATIONAL CARRIER, AND  THE  GESTATIONAL  CARRIER'S  SPOUSE,
UNLESS;
  A.  THE  GESTATIONAL  CARRIER AND THE GESTATIONAL CARRIER'S SPOUSE ARE
LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDGMENT OF SEPARATION
OR PURSUANT TO A WRITTEN  AGREEMENT  OF  SEPARATION  SUBSCRIBED  BY  THE
PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM REQUIRED TO ENTI-
TLE A DEED TO BE RECORDED; OR
  B.  HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS PRIOR
TO EXECUTION OF THE GESTATIONAL AGREEMENT; AND
  (2) IT SHALL BE EXECUTED PRIOR TO THE EMBRYO TRANSFER; AND
  (3) IT SHALL BE EXECUTED BY A GESTATIONAL CARRIER MEETING  THE  ELIGI-
BILITY  REQUIREMENTS  OF SUBDIVISION (A) OF SECTION 581-404 OF THIS PART
AND BY THE GESTATIONAL CARRIER'S SPOUSE, UNLESS THE  GESTATIONAL  CARRI-
ER'S  SPOUSE'S  SIGNATURE  IS NOT REQUIRED AS SET FORTH IN THIS SECTION;
AND
  (4) IT SHALL BE EXECUTED BY INTENDED PARENTS MEETING  THE  ELIGIBILITY
REQUIREMENTS OF SUBDIVISION (B) OF SECTION 581-404 OF THIS PART; AND
  (5)  THE  GESTATIONAL  CARRIER AND THE GESTATIONAL CARRIER'S SPOUSE IF
APPLICABLE AND THE INTENDED PARENTS SHALL HAVE BEEN REPRESENTED BY SEPA-
RATE, INDEPENDENT COUNSEL IN  ALL  MATTERS  CONCERNING  THE  GESTATIONAL
AGREEMENT; AND
  (6)  IF  THE GESTATIONAL AGREEMENT PROVIDES FOR THE PAYMENT OF COMPEN-
SATION TO THE GESTATIONAL CARRIER,  THE  COMPENSATION  SHALL  HAVE  BEEN
PLACED  IN  ESCROW  WITH AN INDEPENDENT ESCROW AGENT PRIOR TO THE GESTA-
TIONAL CARRIER'S  COMMENCEMENT  OF  ANY  MEDICAL  PROCEDURE  OTHER  THAN

S. 1505                            204                           A. 2005

MEDICAL  EVALUATIONS  NECESSARY  TO  DETERMINE THE GESTATIONAL CARRIER'S
ELIGIBILITY; AND
  (7) THE AGREEMENT MUST INCLUDE INFORMATION DISCLOSING HOW THE INTENDED
PARENTS  WILL COVER THE MEDICAL EXPENSES OF THE SURROGATE AND THE CHILD.
IF HEALTH CARE COVERAGE IS USED  TO  COVER  THE  MEDICAL  EXPENSES,  THE
DISCLOSURE  SHALL  INCLUDE A REVIEW OF THE HEALTH CARE POLICY PROVISIONS
RELATED TO COVERAGE FOR  SURROGATE  PREGNANCY,  INCLUDING  ANY  POSSIBLE
LIABILITY  OF THE SURROGATE, THIRD-PARTY LIABILITY LIENS OR OTHER INSUR-
ANCE COVERAGE, AND ANY NOTICE REQUIREMENTS THAT COULD AFFECT COVERAGE OR
LIABILITY OF THE SURROGATE.
  (8) THE GESTATIONAL AGREEMENT MUST INCLUDE THE FOLLOWING TERMS:
  (I) AS TO  THE  GESTATIONAL  CARRIER  AND  THE  GESTATIONAL  CARRIER'S
SPOUSE, IF ANY:
  (A)  THE AGREEMENT OF THE GESTATIONAL CARRIER TO UNDERGO EMBRYO TRANS-
FER AND ATTEMPT TO CARRY AND GIVE BIRTH TO THE CHILD; AND
  (B) THE AGREEMENT OF  THE  GESTATIONAL  CARRIER  AND  THE  GESTATIONAL
CARRIER'S SPOUSE, IF ANY, TO SURRENDER CUSTODY OF ALL RESULTING CHILDREN
TO THE INTENDED PARENT IMMEDIATELY UPON THE BIRTH; AND
  (C)  THE RIGHT OF THE GESTATIONAL CARRIER TO UTILIZE THE SERVICES OF A
HEALTH CARE PRACTITIONER  OF  THE  GESTATIONAL  CARRIER'S  CHOOSING,  TO
PROVIDE HER CARE DURING THE PREGNANCY; AND
  (II) AS TO THE INTENDED PARENT:
  (A)  THE  AGREEMENT  TO ACCEPT CUSTODY OF ALL RESULTING CHILDREN IMME-
DIATELY UPON BIRTH REGARDLESS OF NUMBER, GENDER, OR MENTAL  OR  PHYSICAL
CONDITION; AND
  (B) THE AGREEMENT TO ASSUME SOLE RESPONSIBILITY FOR THE SUPPORT OF THE
CHILD IMMEDIATELY UPON THE CHILD'S BIRTH; AND
  (C)  THE  AGREEMENT  THAT  THE  RIGHTS AND OBLIGATIONS OF THE INTENDED
PARENT UNDER THE GESTATIONAL AGREEMENT ARE NOT ASSIGNABLE.
  § 581-406. TERMINATION OF GESTATIONAL AGREEMENT. AFTER  THE  EXECUTION
OF  A  GESTATIONAL  AGREEMENT BUT BEFORE THE GESTATIONAL CARRIER BECOMES
PREGNANT BY MEANS OF ASSISTED REPRODUCTION, THE GESTATIONAL CARRIER, THE
GESTATIONAL CARRIER'S SPOUSE, IF ANY, OR ANY INTENDED PARENT MAY  TERMI-
NATE  THE  GESTATIONAL  AGREEMENT  BY  GIVING NOTICE OF TERMINATION IN A
RECORD TO ALL OTHER PARTIES. UPON PROPER TERMINATION OF THE  GESTATIONAL
AGREEMENT  THE  PARTIES ARE RELEASED FROM ALL OBLIGATIONS RECITED IN THE
AGREEMENT EXCEPT THAT THE INTENDED PARENT REMAINS  RESPONSIBLE  FOR  ALL
EXPENSES  THAT  ARE  REIMBURSABLE  UNDER  THE  AGREEMENT WHICH HAVE BEEN
INCURRED BY THE GESTATIONAL CARRIER THROUGH  THE  DATE  OF  TERMINATION.
UNLESS  THE  AGREEMENT  PROVIDES  OTHERWISE,  THE GESTATIONAL CARRIER IS
ENTITLED TO KEEP ALL PAYMENTS SHE HAS RECEIVED AND OBTAIN  ALL  PAYMENTS
TO  WHICH  THE  GESTATIONAL  CARRIER  IS ENTITLED. NEITHER A PROSPECTIVE
GESTATIONAL CARRIER NOR THE GESTATIONAL CARRIER'S  SPOUSE,  IF  ANY,  IS
LIABLE TO THE INTENDED PARENT FOR TERMINATING A GESTATIONAL AGREEMENT AS
PROVIDED IN THIS SECTION.
  § 581-407. GESTATIONAL   AGREEMENT:   EFFECT   OF  SUBSEQUENT  SPOUSAL
RELATIONSHIP. AFTER THE EXECUTION OF A GESTATIONAL AGREEMENT UNDER  THIS
ARTICLE,  THE SUBSEQUENT SPOUSAL RELATIONSHIP OF THE GESTATIONAL CARRIER
DOES NOT AFFECT THE VALIDITY OF A GESTATIONAL AGREEMENT, THE GESTATIONAL
CARRIER'S SPOUSE'S CONSENT TO THE AGREEMENT SHALL NOT BE  REQUIRED,  AND
THE GESTATIONAL CARRIER'S SPOUSE SHALL NOT BE THE PRESUMED PARENT OF THE
RESULTING CHILD.
  § 581-408. FAILURE  TO  OBTAIN  A  JUDGMENT  OF  PARENTAGE.  WHERE  AN
INTENDED PARENT OR THE GESTATIONAL CARRIER FAILS TO OBTAIN A JUDGMENT OF
PARENTAGE PURSUANT TO SECTION 581-203 OF THIS  ARTICLE,  EITHER  BECAUSE
THE GESTATIONAL AGREEMENT DOES NOT MEET THE REQUIREMENTS OF THIS ARTICLE

S. 1505                            205                           A. 2005

OR  THERE WAS NO GESTATIONAL AGREEMENT, THE PARENTAGE OF A CHILD WILL BE
DETERMINED BASED ON THE BEST INTERESTS OF THE CHILD TAKING INTO  ACCOUNT
GENETICS  AND THE INTENT OF THE PARTIES. AN INTENDED PARENT'S ABSENCE OF
GENETIC  CONNECTION  TO THE CHILD IS NOT A SUFFICIENT BASIS TO DENY THAT
INDIVIDUAL A JUDGMENT OF LEGAL PARENTAGE.
  § 581-409. DISPUTE AS TO GESTATIONAL AGREEMENT.  (A) ANY DISPUTE WHICH
IS RELATED TO A GESTATIONAL AGREEMENT OTHER THAN DISPUTES AS TO  PARENT-
AGE  SHALL  BE  RESOLVED BY THE SUPREME COURT, WHICH SHALL DETERMINE THE
RESPECTIVE RIGHTS AND OBLIGATIONS  OF  THE  PARTIES.  IF  A  GESTATIONAL
AGREEMENT  DOES NOT MEET THE REQUIREMENTS OF THIS ARTICLE, EXCEPT AS SET
FORTH IN SUBDIVISION (D) OF SECTION 581-203 OF PART TWO OF THIS  ARTICLE
THE AGREEMENT IS NOT ENFORCEABLE.
  (B)  EXCEPT  AS  EXPRESSLY  PROVIDED IN THE GESTATIONAL AGREEMENT, THE
INTENDED PARENT AND THE GESTATIONAL CARRIER SHALL  BE  ENTITLED  TO  ALL
REMEDIES AVAILABLE AT LAW OR EQUITY IN ANY DISPUTE RELATED TO THE GESTA-
TIONAL AGREEMENT.
  (C)  THERE  SHALL  BE  NO  SPECIFIC PERFORMANCE REMEDY AVAILABLE FOR A
BREACH BY THE GESTATIONAL CARRIER OF A GESTATIONAL AGREEMENT  TERM  THAT
REQUIRES  THE  GESTATIONAL CARRIER TO BE IMPREGNATED OR TO TERMINATE THE
PREGNANCY OR TO REDUCE THE NUMBER OF FETUSES OR EMBRYOS THE  GESTATIONAL
CARRIER IS CARRYING.
  § 581-410. INSPECTION OF RECORDS.  THE PROCEEDINGS, RECORDS, AND IDEN-
TITIES  OF  THE INDIVIDUAL PARTIES TO A GESTATIONAL AGREEMENT UNDER THIS
ARTICLE SHALL BE SEALED EXCEPT UPON THE PETITION OF THE PARTIES  TO  THE
GESTATIONAL  AGREEMENT  OR THE CHILD BORN AS A RESULT OF THE GESTATIONAL
CARRIER ARRANGEMENT.
  § 581-411. EXCLUSIVE, CONTINUING JURISDICTION.  SUBJECT TO THE  JURIS-
DICTIONAL  STANDARDS  OF  SECTION  SEVENTY-SIX OF THE DOMESTIC RELATIONS
LAW, THE COURT CONDUCTING A PROCEEDING UNDER THIS ARTICLE HAS EXCLUSIVE,
CONTINUING JURISDICTION OF ALL MATTERS ARISING OUT  OF  THE  GESTATIONAL
AGREEMENT UNTIL A CHILD BORN TO THE GESTATIONAL CARRIER DURING THE PERI-
OD GOVERNED BY THE AGREEMENT ATTAINS THE AGE OF ONE HUNDRED EIGHTY DAYS.

                                 PART 5
               PAYMENT TO DONORS AND GESTATIONAL CARRIERS
SECTION 581-501. REIMBURSEMENT.
        581-502. COMPENSATION.
  §  581-501.  REIMBURSEMENT.   (A) A DONOR WHO HAS ENTERED INTO A VALID
AGREEMENT TO BE A DONOR, MAY  RECEIVE  REIMBURSEMENT  FROM  AN  INTENDED
PARENT  FOR  ECONOMIC  LOSSES  INCURRED  IN CONNECTION WITH THE DONATION
WHICH RESULT FROM THE RETRIEVAL OR STORAGE OF GAMETES OR EMBRYOS.
  (B) PREMIUMS PAID  FOR  INSURANCE  AGAINST  ECONOMIC  LOSSES  DIRECTLY
RESULTING  FROM  THE  RETRIEVAL  OR  STORAGE  OF  GAMETES OR EMBRYOS FOR
DONATION MAY BE REIMBURSED.
  § 581-502. COMPENSATION.  (A) COMPENSATION MAY BE PAID TO A  DONOR  OR
GESTATIONAL  CARRIER BASED ON SERVICES RENDERED, EXPENSES AND OR MEDICAL
RISKS THAT HAVE BEEN OR WILL BE INCURRED, TIME, AND INCONVENIENCE. UNDER
NO CIRCUMSTANCES MAY COMPENSATION BE PAID TO PURCHASE GAMETES OR EMBRYOS
OR TO PAY FOR THE RELINQUISHMENT OF A PARENTAL INTEREST IN A CHILD.
  (B) THE COMPENSATION, IF ANY, PAID TO A DONOR OR  GESTATIONAL  CARRIER
MUST BE REASONABLE AND NEGOTIATED IN GOOD FAITH BETWEEN THE PARTIES, AND
SAID  PAYMENTS TO A GESTATIONAL CARRIER SHALL NOT EXCEED THE DURATION OF
THE PREGNANCY AND RECUPERATIVE PERIOD OF UP TO  EIGHT  WEEKS  AFTER  THE
BIRTH OF THE CHILD.
  (C)  COMPENSATION MAY NOT BE CONDITIONED UPON THE PURPORTED QUALITY OR
GENOME-RELATED TRAITS OF THE GAMETES OR EMBRYOS.

S. 1505                            206                           A. 2005

  (D) COMPENSATION MAY NOT BE CONDITIONED ON ACTUAL GENOTYPIC OR  PHENO-
TYPIC CHARACTERISTICS OF THE DONOR OR OF THE CHILD.

                                 PART 6
                        MISCELLANEOUS PROVISIONS
SECTION 581-601. REMEDIAL.
        581-602. SEVERABILITY.
        581-603. PARENT  UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS
                   LAW.
        581-604. INTERPRETATION.
  § 581-601. REMEDIAL.   THIS LEGISLATION IS HEREBY  DECLARED  TO  BE  A
REMEDIAL  STATUTE AND IS TO BE CONSTRUED LIBERALLY TO SECURE THE BENEFI-
CIAL INTERESTS AND PURPOSES THEREOF FOR THE BEST INTERESTS OF THE CHILD.
  § 581-602. SEVERABILITY.  THE INVALIDATION OF ANY PART OF THIS  LEGIS-
LATION  BY  A  COURT  OF  COMPETENT JURISDICTION SHALL NOT RESULT IN THE
INVALIDATION OF ANY OTHER PART.
  § 581-603. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW.
THE TERM "PARENT" IN SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW SHALL
INCLUDE A PERSON ESTABLISHED TO BE A PARENT UNDER THIS  ARTICLE  OR  ANY
OTHER RELEVANT LAW.
  § 581-604. INTERPRETATION.  UNLESS  THE  CONTEXT  INDICATES OTHERWISE,
WORDS IMPORTING THE SINGULAR  INCLUDE  AND  APPLY  TO  SEVERAL  PERSONS,
PARTIES, OR THINGS; WORDS IMPORTING THE PLURAL INCLUDE THE SINGULAR.
  § 2. Section 73 of the domestic relations law is REPEALED.
  § 3. Article 8 of the domestic relations law is REPEALED.
  § 4. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made on or
before such date.

                                 PART RR

  Section 1. The executive law is amended by adding a new  section  63-e
to read as follows:
  §  63-E.  OFFICE OF SPECIAL INVESTIGATION. THERE IS ESTABLISHED WITHIN
THE DEPARTMENT OF LAW AN OFFICE OF SPECIAL INVESTIGATION.  NOTWITHSTAND-
ING ANY OTHER PROVISION OF THIS ARTICLE, THE  OFFICE  SHALL  INVESTIGATE
ANY CASE IN WHICH THE DEATH OF AN UNARMED CIVILIAN IS CAUSED BY A POLICE
OFFICER DURING THE PERFORMANCE OF HIS OR HER DUTIES.  PROCEEDINGS OF THE
OFFICE  UNDER  THIS  SECTION  SHALL  BE CONDUCTED BY THE DEPUTY ATTORNEY
GENERAL FOR SPECIAL INVESTIGATION, WHO MAY APPEAR IN PERSON OR BY HIS OR
HER DEPUTY OR ASSISTANT BEFORE ANY COURT OR GRAND JURY AND EXERCISE  ALL
OF THE POWERS AND PERFORM ALL OF THE DUTIES WITH RESPECT TO SUCH ACTIONS
OR PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED
OR  REQUIRED  TO  EXERCISE OR PERFORM.   WHERE AN INVESTIGATION REQUIRED
UNDER THIS SECTION INVOLVES THE STATE POLICE, THE ATTORNEY GENERAL SHALL
APPOINT AN INDEPENDENT SPECIAL PROSECUTOR TO CONDUCT SUCH INVESTIGATION.
IN ALL PROCEEDINGS OF  THE  OFFICE  UNDER  THIS  SECTION,  ALL  EXPENSES
INCURRED  BY THE ATTORNEY GENERAL, INCLUDING THE SALARY OR OTHER COMPEN-
SATION OF ALL DEPUTIES EMPLOYED, SHALL BE CHARGED AS PROVIDED FOR  UNDER
SUBDIVISION TWO OF SECTION SIXTY-THREE OF THIS ARTICLE.
  §  2.  The  executive  law is amended by adding a new section 837-t to
read as follows:
  § 837-T. USE OF FORCE REPORTING. THE CHIEF OF EVERY POLICE DEPARTMENT,
EACH COUNTY SHERIFF,  AND  THE  SUPERINTENDENT  OF  STATE  POLICE  SHALL

S. 1505                            207                           A. 2005

REPORT, TO THE DIVISION IN A FORM AND MANNER AS DEFINED BY THE DIVISION,
ANY  INCIDENT  WHERE A POLICE OFFICER, AS DEFINED IN SUBDIVISION THIRTY-
FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW OR A PEACE OFFICER AS
DEFINED  IN  SECTION  2.10  OF  THE CRIMINAL PROCEDURE LAW, DISCHARGES A
FIREARM IN THE DIRECTION OF ANOTHER PERSON, OR WHERE HIS OR  HER  ACTION
RESULTS IN THE DEATH OR SERIOUS BODILY INJURY OF ANOTHER PERSON. SERIOUS
BODILY  INJURY  IS  DEFINED AS BODILY INJURY THAT INVOLVES A SUBSTANTIAL
RISK OF DEATH, UNCONSCIOUSNESS, PROTRACTED AND OBVIOUS DISFIGUREMENT, OR
PROTRACTED LOSS OF IMPAIRMENT OF THE FUNCTION OF A BODILY MEMBER,  ORGAN
OR MENTAL FACULTY.
  §  3.  Subdivision 4 of section 840 of the executive law is amended by
adding a new paragraph (d) to read as follows:
  (D) ESTABLISH A MODEL LAW ENFORCEMENT USE OF FORCE POLICY SUITABLE FOR
ADOPTION BY ANY LAW ENFORCEMENT AGENCY THROUGHOUT THE STATE. THE USE  OF
FORCE  POLICY  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED TO, INFORMATION ON
CURRENT LAW AS IT RELATES TO USE OF  FORCE  AND  ACTS  OR  TECHNIQUES  A
POLICE  OFFICER  OR PEACE OFFICER MAY NOT USE IN THE COURSE OF ACTING IN
HIS OR HER OFFICIAL CAPACITY. THE CHIEF OF EVERY  LOCAL  POLICE  DEPART-
MENT,  EACH COUNTY SHERIFF, AND THE SUPERINTENDENT OF STATE POLICE SHALL
IMPLEMENT A USE OF FORCE POLICY. THE  USE  OF  FORCE  POLICY  SHOULD  BE
CONSISTENT  WITH  THE  MODEL  LAW ENFORCEMENT POLICY AS REQUIRED BY THIS
SECTION EXCEPT THAT A DEPARTMENT SHALL  NOT  BE  LIMITED  FROM  IMPOSING
FURTHER RESTRICTIONS ON THE USE OF FORCE.
  § 4. This act shall take effect immediately.
  § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  § 3. This act shall take effect immediately  provided,  however,  that
the applicable effective date of Parts A through RR of this act shall be
as specifically set forth in the last section of such Parts.

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

    S. 1505--A                                            A. 2005--A

                      S E N A T E - A S S E M B L Y

                            January 18, 2019
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
  article  seven  of  the  Constitution -- read once and referred to the
  Committee on Ways and Means --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  civil  service  law, in relation to the state's
  contribution to the cost of health insurance premium for future  reti-
  rees  of  the  state and their dependents (Part A); to amend the civil
  service law, in relation to reimbursement for medicare premium charges
  (Part B); to amend the civil service law, in relation to  capping  the
  standard medicare premium charge (Part C); to amend the civil practice
  law  and  rules  and the state finance law, in relation to the rate of
  interest to be paid on judgment and accrued claims (Part D); to  amend
  the  civil  service  law,  in  relation  to protection of the personal
  privacy of public employees (Part E); to amend the civil service  law,
  in  relation  to the expiration of public arbitration panels (Part F);
  to amend chapter 97 of the laws of 2011, amending the general  munici-
  pal  law  and  the  education law relating to establishing limits upon
  school district and local government tax levies, in relation to making
  the tax cap permanent (Part G); to amend chapter 123 of  the  laws  of
  2014, amending the vehicle and traffic law, the general municipal law,
  and the public officers law relating to owner liability for failure of
  operator  to  comply  with traffic-control indications, in relation to
  extending the provisions thereof; to amend chapter 101 of the laws  of
  2014, amending the vehicle and traffic law, the general municipal law,
  and the public officers law relating to owner liability for failure of
  operator to comply with traffic-control indications in the city of Mt.
  Vernon,  in  relation to extending the effectiveness thereof; to amend
  chapter 19 of the laws of 2009, amending the vehicle and  traffic  law
  and  other  laws  relating  to adjudications and owner liability for a
  violation  of  traffic-control  signal  indications,  in  relation  to
  extending  the  provisions of such chapter; to amend chapter 99 of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12570-03-9

S. 1505--A                          2                         A. 2005--A

  laws of 2014, amending the vehicle and traffic law, the general munic-
  ipal law, and the public officers law relating to owner liability  for
  failure  of operator to comply with traffic-control indications in the
  city of New Rochelle, in relation to extending the effectiveness ther-
  eof;  to  amend  chapter 746 of the laws of 1988, amending the vehicle
  and traffic law, the general municipal law and the public officers law
  relating to the civil liability of vehicle owners for traffic  control
  signal violations, in relation to extending the effectiveness thereof;
  to  amend  local  law  number  46 of the city of New York for the year
  1989, amending the administrative code of the city of New York  relat-
  ing  to  civil  liability of vehicle owners for traffic control signal
  violations, in relation to extending  the  effectiveness  thereof;  to
  amend chapter 23 of the laws of 2009, amending the vehicle and traffic
  law  and  the  public officers law relating to adjudications and owner
  liability for a violation of traffic-control  signal  indications,  in
  relation to extending the provisions of such chapter; to amend chapter
  222  of  the  laws  of 2015, amending the vehicle and traffic law, the
  general municipal law, and the public officers law relating  to  owner
  liability  for  failure  of an operator to comply with traffic-control
  indications in the city of White Plains, in relation to extending  the
  provisions  of  such  chapter;  and to amend chapter 20 of the laws of
  2009, amending the vehicle and traffic law, the general municipal law,
  and the public officers law, relating to owner liability  for  failure
  of operator to comply with traffic control indications, in relation to
  extending  the provisions thereof (Part H); to amend the state finance
  law, in relation to base level grants for per capita state aid for the
  support of local government (Part I); to amend the real  property  tax
  law,  in  relation  to a class one reassessment exemption in a special
  assessing unit that is not a city (Part J); to provide for the  admin-
  istration of certain funds and accounts related to the 2019-20 budget,
  authorizing certain payments and transfers; to amend the state finance
  law,  in  relation  to  the school tax relief fund; to amend the state
  finance law, in relation to payments, transfers and deposits; to amend
  the state finance law, in relation to reductions in enacted  appropri-
  ations; to amend chapter 174 of the laws of 1968, constituting the New
  York state urban development corporation act, in relation to the issu-
  ance  of certain bonds or notes; to amend part D of chapter 389 of the
  laws of 1997, relating to the financing of the correctional facilities
  improvement fund and the youth facility improvement fund, in  relation
  to  the issuance of certain bonds or notes; to amend the private hous-
  ing finance law, in relation to the issuance of  bonds  or  notes;  to
  amend  chapter 329 of the laws of 1991, amending the state finance law
  and other laws relating to the establishment of the dedicated  highway
  and bridge trust fund, in relation to the issuance of certain bonds or
  notes;  to  amend the public authorities law, in relation to the issu-
  ance of certain bonds or notes; to amend part Y of chapter 61  of  the
  laws  of 2005, relating to providing for the administration of certain
  funds and accounts related to the 2005-2006 budget, in relation to the
  issuance of certain bonds or notes; to amend part X of chapter  59  of
  the  laws  of  2004,  authorizing the New York state urban development
  corporation and the dormitory authority of the state of  New  York  to
  issue  bonds  or  notes,  in relation to the issuance of such bonds or
  notes; to amend part K of chapter 81 of the laws of 2002, relating  to
  providing for the administration of certain funds and accounts related
  to  the 2002-2003 budget, in relation to the issuance of certain bonds
  or notes; to amend chapter 392 of the laws of 1973,  constituting  the

S. 1505--A                          3                         A. 2005--A

  New York state medical care facilities finance agency act, in relation
  to the issuance of certain bonds or notes; to amend chapter 359 of the
  laws of 1968, constituting the facilities development corporation act,
  in  relation  to the mental hygiene facilities improvement fund income
  account; and to amend the state finance law,  in  relation  to  mental
  health  services  fund;  and  providing  for  the  repeal  of  certain
  provisions upon expiration thereof (Part K); to amend  chapter  22  of
  the laws of 2014, relating to expanding opportunities for service-dis-
  abled veteran-owned business enterprises, in relation to extending the
  provisions  thereof  (Part L); to amend the workers' compensation law,
  in relation to the investment of surplus funds of the state  insurance
  fund  (Part M); to amend the workers' compensation law, in relation to
  the right to cancel an insurance policy for failure by an employer  to
  cooperate  with  a  payroll audit and to the collection of premiums in
  case of default (Part N); to amend chapter 887 of the  laws  of  1983,
  amending  the  correction law relating to the psychological testing of
  candidates, in relation to the effectiveness thereof; to amend chapter
  428 of the laws of 1999, amending the executive law and  the  criminal
  procedure  law relating to expanding the geographic area of employment
  of certain police officers, in relation to extending the expiration of
  such chapter; to amend chapter 886 of the laws of 1972,  amending  the
  correction  law  and  the  penal law relating to prisoner furloughs in
  certain cases and the crime of absconding therefrom,  in  relation  to
  the  effectiveness  thereof; to amend chapter 261 of the laws of 1987,
  amending chapters 50, 53 and 54 of the laws of  1987,  the  correction
  law, the penal law and other chapters and laws relating to correction-
  al  facilities,  in  relation  to  the effectiveness thereof; to amend
  chapter 55 of the laws of 1992, amending the tax law  and  other  laws
  relating  to  taxes,  surcharges,  fees  and  funding,  in relation to
  extending the expiration of certain provisions  of  such  chapter;  to
  amend chapter 339 of the laws of 1972, amending the correction law and
  the  penal law relating to inmate work release, furlough and leave, in
  relation to the effectiveness thereof; to amend chapter 60 of the laws
  of 1994 relating to certain provisions which impact  upon  expenditure
  of  certain  appropriations  made  by  chapter  50 of the laws of 1994
  enacting the state operations budget, in relation to the effectiveness
  thereof; to amend  chapter  3  of  the  laws  of  1995,  amending  the
  correction  law  and  other laws relating to the incarceration fee, in
  relation to extending the expiration of  certain  provisions  of  such
  chapter;  to  amend  chapter  62  of  the  laws  of 2011, amending the
  correction law and the executive law relating to merging  the  depart-
  ment  of correctional services and division of parole into the depart-
  ment of corrections and community  supervision,  in  relation  to  the
  effectiveness  thereof;  to  amend  chapter  907  of the laws of 1984,
  amending the correction law, the New York city criminal court act  and
  the executive law relating to prison and jail housing and alternatives
  to  detention and incarceration programs, in relation to extending the
  expiration of certain provisions of such chapter; to amend chapter 166
  of the laws of 1991, amending the tax law and other laws  relating  to
  taxes,  in  relation to extending the expiration of certain provisions
  of such chapter; to amend the vehicle and traffic law, in relation  to
  extending the expiration of the mandatory surcharge and victim assist-
  ance fee; to amend chapter 713 of the laws of 1988, amending the vehi-
  cle and traffic law relating to the ignition interlock device program,
  in  relation to extending the expiration thereof; to amend chapter 435
  of the laws of 1997, amending the military law and other laws relating

S. 1505--A                          4                         A. 2005--A

  to various provisions, in relation to extending the expiration date of
  the merit provisions of the correction law and the penal law  of  such
  chapter;  to amend chapter 412 of the laws of 1999, amending the civil
  practice law and rules and the court of claims act relating to prison-
  er  litigation  reform, in relation to extending the expiration of the
  inmate filing fee provisions of the civil practice law and  rules  and
  general  filing  fee  provision  and inmate property claims exhaustion
  requirement of the court of claims act of such chapter; to amend chap-
  ter 222 of the laws of 1994 constituting  the  family  protection  and
  domestic  violence  intervention act of 1994, in relation to extending
  the expiration of certain provisions of  the  criminal  procedure  law
  requiring the arrest of certain persons engaged in family violence; to
  amend chapter 505 of the laws of 1985, amending the criminal procedure
  law relating to the use of closed-circuit television and other protec-
  tive  measures  for  certain child witnesses, in relation to extending
  the expiration of the provisions thereof; to amend chapter  3  of  the
  laws  of 1995, enacting the sentencing reform act of 1995, in relation
  to extending the expiration of certain provisions of such chapter;  to
  amend  chapter 689 of the laws of 1993 amending the criminal procedure
  law relating to electronic court appearance in  certain  counties,  in
  relation  to extending the expiration thereof; to amend chapter 688 of
  the laws of 2003, amending the executive law relating to enacting  the
  interstate  compact for adult offender supervision, in relation to the
  effectiveness thereof; to amend chapter 56 of the laws of 2009, amend-
  ing the correction law relating to limiting  the  closing  of  certain
  correctional  facilities,  providing for the custody by the department
  of  correctional  services  of  inmates  serving  definite  sentences,
  providing  for  custody of federal prisoners and requiring the closing
  of certain correctional facilities, in relation to  the  effectiveness
  of such chapter; to amend chapter 152 of the laws of 2001 amending the
  military  law  relating to military funds of the organized militia, in
  relation to the effectiveness thereof; to amend  chapter  554  of  the
  laws  of  1986, amending the correction law and the penal law relating
  to providing for community treatment facilities and  establishing  the
  crime of absconding from the community treatment facility, in relation
  to  the  effectiveness thereof; and to amend chapter 55 of the laws of
  2018 amending the criminal  procedure  law  relating  to  pre-criminal
  proceeding  settlements  in  the  city of New York, in relation to the
  effectiveness thereof (Part O); to amend the criminal  procedure  law,
  in relation to the statute of limitations in criminal prosecution of a
  sexual  offense committed against a child; to amend the civil practice
  law and rules, in relation to the statute  of  limitations  for  civil
  actions  related  to  a  sexual offense committed against a child, and
  granting trial preference to such actions; to amend the general munic-
  ipal law, in relation to providing that the notice of claim provisions
  shall not apply to such actions; to amend the court of claims act,  in
  relation  to providing that the notice of intention to file provisions
  shall not apply to such  actions;  to  amend  the  education  law,  in
  relation  to  providing  that the notice of claim provisions shall not
  apply to such actions; and to amend the judiciary law, in relation  to
  judicial  training relating to sexual abuse of minors and rules reviv-
  ing civil actions relating to sexual offenses committed against  chil-
  dren  (Part  P);  to amend the penal law, in relation to prohibiting a
  sexual orientation panic defense  (Part  Q);  to  amend  the  criminal
  procedure  law,  in  relation  to  admissibility  of a victim's sexual
  conduct in a sex offense (Part R); to amend the penal law, the  crimi-

S. 1505--A                          5                         A. 2005--A

  nal  procedure  law, the family court act and the civil rights law, in
  relation to establishing the crime of unlawful dissemination or publi-
  cation of an intimate image (Part S); to amend the criminal  procedure
  law,  in relation to the statute of limitations for rape in the second
  degree and rape in the third degree (Part T); to amend the  penal  law
  and  the  criminal procedure law, in relation to sentencing and resen-
  tencing in domestic violence cases (Part U); to amend the  penal  law,
  in  relation  to  assault on a journalist (Part V); to amend the penal
  law and the criminal procedure law, in  relation  to  eliminating  the
  imposition  of  the death penalty; and to repeal certain provisions of
  the criminal procedure law, the judiciary law,  the  county  law,  the
  correction law and the executive law relating to the imposition of the
  death penalty (Part W); to amend the penal law, in relation to prohib-
  iting  the  possession,  manufacture,  transport  and  disposition  of
  rapid-fire modification devices (Part X); to amend the penal  law  and
  the general business law, in relation to establishing a waiting period
  before  a firearm, shotgun or rifle may be delivered to a person (Part
  Y); to amend the civil practice law and rules and the  penal  law,  in
  relation  to  establishing extreme risk protection orders as court-is-
  sued orders  of  protection  prohibiting  a  person  from  purchasing,
  possessing  or  attempting  to purchase or possess a firearm, rifle or
  shotgun (Part Z); to amend the criminal procedure law and the  judici-
  ary law, in relation to the issuance of securing orders; and to repeal
  certain provisions of the criminal procedure law and the insurance law
  relating  thereto (Subpart A); to amend the criminal procedure law and
  the penal law, in relation to discovery  reform  and  intimidating  or
  tampering  with  a victim or witness; and to repeal certain provisions
  of the criminal procedure law relating thereto  (Subpart  B);  and  to
  amend  the  criminal  procedure  law, in relation to a waiver and time
  limits for a speedy trial (Subpart C) (Part AA); to amend  the  public
  officers  law, the civil practice law and rules and the executive law,
  in relation to the freedom of information law; and to  repeal  section
  88  of  the  public officers law, section 70-0113 of the environmental
  conservation law and subdivision 4 of section 308 of  the  county  law
  relating thereto (Part BB); to amend the workers' compensation law, in
  relation  to  extending  the board's authority to resolve medical bill
  disputes and simplify the process (Part CC); to amend  section  14  of
  part  J of chapter 62 of the laws of 2003, amending the county law and
  other laws relating to fees collected, in  relation  to  certain  fees
  collected  by  the  office  of  court administration; and to amend the
  judiciary law, in relation to the biennial registration fee for attor-
  neys (Part DD); to amend the criminal procedure law,  in  relation  to
  grand jury procedures (Part EE); authorizing the alienation of certain
  parklands  in  the  town  of  Hastings, county of Oswego (Part FF); to
  amend the state  finance  law,  in  relation  to  authorizing  use  of
  centralized  services  by public authorities and public benefit corpo-
  rations to acquire energy products as centralized  services  from  the
  office  of general services; to amend chapter 410 of the laws of 2009,
  amending the state finance law relating to authorizing  the  aggregate
  purchases  of  energy  for state agencies, institutions, local govern-
  ments, public authorities and public benefit corporations, in relation
  to the effectiveness thereof; and to amend part C of chapter 97 of the
  laws of 2011, amending the state finance law and other  laws  relating
  to providing certain centralized service to political subdivisions and
  extending  the  authority  of  the commissioner of general services to
  aggregate purchases of energy for state agencies and political  subdi-

S. 1505--A                          6                         A. 2005--A

  visions,  in relation to the effectiveness thereof (Part GG); to amend
  the public buildings  law,  in  relation  to  increasing  the  maximum
  contract  amount during construction emergencies; and to amend chapter
  674 of the laws of 1993, amending the public buildings law relating to
  value  limitations on contracts, in relation to making such provisions
  permanent (Part HH); to amend the banking law, in relation to  licens-
  ing  considerations for check cashers (Subpart A); to amend the educa-
  tion law, in relation to eligibility for serving on a  New  York  city
  community  district  education  council and city-wide council (Subpart
  B); to amend the executive law, in  relation  to  licensing  consider-
  ations for bingo suppliers (Subpart C); to amend the executive law, in
  relation  to  licensing considerations for notary publics (Subpart D);
  to amend the general municipal law, in relation to licensing consider-
  ations for suppliers of games of chance, for games  of  chance  licen-
  sees, for bingo licensees, and for lessors of premises to bingo licen-
  sees (Subpart E); to amend the insurance law, in relation to licensing
  considerations for insurer adjusters and for employment with insurance
  adjusters; and to repeal certain provisions of such law relating ther-
  eto  (Subpart  F);  to  amend  the  real  property law, in relation to
  licensing considerations for real estate brokers or real estate sales-
  men (Subpart G); to amend the social  services  law,  in  relation  to
  participation as employer in subsidized employer programs (Subpart H);
  to  amend  the vehicle and traffic law, in relation to eligibility for
  employment by  a  driver's  school  (Subpart  I);  to  repeal  certain
  provisions  of  the  vehicle  and  traffic  law, relating to mandatory
  suspension of drivers' licenses for certain offenses (Subpart  J);  to
  amend  the  public officers law, in relation to prohibiting disclosure
  of law enforcement booking information and photographs (Subpart K); to
  amend the executive law and the judiciary law, in relation  to  exclu-
  sion  of  undisposed  cases  from  criminal  history  record  searches
  (Subpart L); directs the commissioner  of  the  division  of  criminal
  justice  services  to seal certain records of any action or proceeding
  terminated in favor of the accused or convictions for certain  traffic
  violations  (Subpart  M); to amend the executive law and the judiciary
  law, in  relation  to  preventing  employment  discrimination  against
  persons whose criminal charges have been adjourned in contemplation of
  dismissal  (Subpart  N);  to  amend  the executive law, in relation to
  preventing employment discrimination against  persons  whose  criminal
  charges have been adjourned in contemplation of dismissal (Subpart O);
  and  to amend the executive law, in relation to release on compassion-
  ate parole for inmates affected by age-related disability (Subpart  P)
  (Part  II);  to  amend  the  correction law, in relation to segregated
  confinement (Part JJ); to amend the penal law and the correction  law,
  in  relation  to  shock  incarceration  (Part  KK); to amend the civil
  service law, in relation to  establishing  continuing  eligible  lists
  (Part  LL); to amend the civil service law, in relation to promotional
  examination eligibility (Part MM); to amend the civil service law,  in
  relation  to  salary  protection to incumbents (Part NN); to amend the
  penal law, in relation to reducing certain sentences  of  imprisonment
  for  misdemeanors to three hundred sixty-four days (Part OO); to amend
  the civil practice law and rules,  the  county  law  and  the  general
  municipal  law,  in  relation  to  restricting  forfeiture actions and
  creating greater accountability for seized assets; and  to  amend  the
  criminal  procedure  law  and  the penal law, in relation to reporting
  certain demographic data (Part PP); to amend the family court act,  in
  relation  to establishing the child-parent security act; and to repeal

S. 1505--A                          7                         A. 2005--A

  section 73 and article 8 of the domestic relations  law,  relating  to
  artificial  insemination  and surrogate parenting contracts (Part QQ);
  to amend the executive law, in  relation  to  creating  an  office  of
  special  investigation within the department of law, requiring reports
  on the discharge of a firearm, and requiring the  establishment  of  a
  model  law  enforcement  use of force policy (Part RR); to amend civil
  practice law and rules, in relation to authorization  to  the  Suffolk
  county  clerk  to  charge  a  block  fee (Part SS); in relation to the
  closure of correctional facilities; and providing for  the  repeal  of
  such  provisions  upon  expiration thereof (Part TT); and to amend the
  criminal procedure law, the alcoholic beverage control law, the admin-
  istrative code of the city of New York, the correction law, the  civil
  rights  law,  the  civil  service  law, the executive law, the general
  business law, the public authorities law, the public health  law,  the
  public  officers law, the penal law, the tax law, the workers' compen-
  sation law and the general municipal law, in relation to  peace  offi-
  cers;  and  to repeal certain provisions of the criminal procedure law
  relating thereto (Part UU)

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2019-2020
state fiscal year. Each component is  wholly  contained  within  a  Part
identified as Parts A through UU. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing  the  effective date of the Part, which makes reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section three of  this  act  sets  forth  the
general effective date of this act.

                                 PART A

  Section 1. Section 167 of the civil service law is amended by adding a
new subdivision 10 to read as follows:
  10.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION OF LAW, THE STATE'S
CONTRIBUTION FOR THE COST OF PREMIUM OR  SUBSCRIPTION  CHARGES  FOR  THE
COVERAGE  OF  RETIRED  STATE EMPLOYEES WHO ARE ENROLLED IN THE STATEWIDE
AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED PURSUANT TO  THIS
ARTICLE AND WHO ARE HIRED ON OR AFTER APRIL FIRST, TWO THOUSAND NINETEEN
SHALL BE AS SET FORTH IN THIS SUBDIVISION.
  (A)  FOR  STATE  EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO
GRADE TEN OR HIGHER WITH AT LEAST TEN BUT  LESS  THAN  TWENTY  YEARS  OF
SERVICE,  THE  STATE  SHALL  PAY FIFTY PERCENT OF THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH  RETIRED  STATE
EMPLOYEES.  SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF THE COST
OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF
TEN YEARS, TO A MAXIMUM OF SIXTY-EIGHT PERCENT OF THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION  AT
OR  EQUATED TO GRADE TEN OR HIGHER WITH TWENTY OR MORE YEARS OF SERVICE,
THE STATE SHALL PAY SEVENTY-FOUR PERCENT  OF  THE  COST  OF  PREMIUM  OR
SUBSCRIPTION  CHARGES  FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE

S. 1505--A                          8                         A. 2005--A

EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY ONE PERCENT OF THE  COST
OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF
TWENTY YEARS, TO A MAXIMUM OF EIGHTY-FOUR PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES.
  (B)  FOR  STATE  EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO
GRADE NINE OR LOWER WITH AT LEAST TEN BUT  LESS  THAN  TWENTY  YEARS  OF
SERVICE,  THE  STATE SHALL PAY FIFTY-FOUR PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES FOR THE  INDIVIDUAL  COVERAGE  OF  SUCH  RETIRED
STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF THE
COST  OF  PREMIUM  OR  SUBSCRIPTION  CHARGES FOR EACH YEAR OF SERVICE IN
EXCESS OF TEN YEARS, TO A MAXIMUM OF SEVENTY-TWO PERCENT OF THE COST  OF
PREMIUM  OR  SUBSCRIPTION CHARGES. FOR STATE EMPLOYEES WHO RETIRE FROM A
POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH TWENTY OR MORE  YEARS
OF  SERVICE,  THE  STATE  SHALL PAY SEVENTY-EIGHT PERCENT OF THE COST OF
PREMIUM OR SUBSCRIPTION CHARGES FOR  THE  INDIVIDUAL  COVERAGE  OF  SUCH
RETIRED  STATE  EMPLOYEES.  SUCH  CONTRIBUTIONS  SHALL  INCREASE  BY ONE
PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR  OF
SERVICE  IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF EIGHTY-EIGHT PERCENT
OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES.
  (C) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT  OR  EQUATED  TO
GRADE  TEN  OR  HIGHER  WITH  AT LEAST TEN BUT LESS THAN TWENTY YEARS OF
SERVICE, THE STATE SHALL PAY THIRTY-FIVE PERCENT OF THE COST OF  PREMIUM
OR  SUBSCRIPTION  CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED
STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF  THE
COST  OF  PREMIUM  OR  SUBSCRIPTION  CHARGES FOR EACH YEAR OF SERVICE IN
EXCESS OF TEN YEARS, TO A MAXIMUM OF FIFTY-THREE PERCENT OF THE COST  OF
PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES
WHO  RETIRE  FROM  A  POSITION AT OR EQUATED TO GRADE TEN OR HIGHER WITH
TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY FIFTY-NINE  PERCENT
OF  THE  COST  OF  PREMIUM  OR  SUBSCRIPTION CHARGES FOR THE COVERAGE OF
DEPENDENTS OF SUCH RETIRED  STATE  EMPLOYEES;  SUCH  CONTRIBUTION  SHALL
INCREASE  BY  ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES
FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY  YEARS,  TO  A  MAXIMUM  OF
SIXTY-NINE  PERCENT  OF  THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR
SUCH DEPENDENTS.
  (D) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT  OR  EQUATED  TO
GRADE  NINE  OR  LOWER  WITH  AT LEAST TEN BUT LESS THAN TWENTY YEARS OF
SERVICE, THE STATE SHALL PAY THIRTY-NINE PERCENT OF THE COST OF  PREMIUM
OR  SUBSCRIPTION  CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED
STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF  THE
COST  OF  PREMIUM  OR  SUBSCRIPTION  CHARGES FOR EACH YEAR OF SERVICE IN
EXCESS OF TEN YEARS, TO A MAXIMUM OF FIFTY-SEVEN PERCENT OF THE COST  OF
PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES
WHO  RETIRE  FROM  A  POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH
TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY SIXTY-THREE PERCENT
OF THE COST OF PREMIUM OR  SUBSCRIPTION  CHARGES  FOR  THE  COVERAGE  OF
DEPENDENTS  OF  SUCH  RETIRED  STATE  EMPLOYEES; SUCH CONTRIBUTION SHALL
INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR  SUBSCRIPTION  CHARGES
FOR  EACH  YEAR  OF  SERVICE  IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF
SEVENTY-THREE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR
SUCH DEPENDENTS.
  (E) WITH RESPECT TO ALL SUCH RETIRED STATE EMPLOYEES,  EACH  INCREMENT
OF ONE OR TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR
EACH  YEAR  OF SERVICE SHALL BE APPLICABLE FOR WHOLE YEARS OF SERVICE TO
THE STATE AND SHALL NOT BE APPLIED ON A PRO-RATA BASIS FOR PARTIAL YEARS
OF SERVICE.

S. 1505--A                          9                         A. 2005--A

  (F) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO:
  (1) MEMBERS OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
SYSTEM;
  (2)  MEMBERS  IN  THE  UNIFORMED  PERSONNEL  IN INSTITUTIONS UNDER THE
JURISDICTION OF THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION OR WHO ARE SECURITY HOSPITAL TREATMENT ASSISTANTS, AS DEFINED  IN
SECTION EIGHTY-NINE OF THE RETIREMENT AND SOCIAL SECURITY LAW; AND
  (3)  ANY  STATE  EMPLOYEE DETERMINED TO HAVE RETIRED WITH AN ORDINARY,
ACCIDENTAL, OR PERFORMANCE OF DUTY DISABILITY RETIREMENT BENEFIT.
  (G)  FOR  THE  PURPOSES  OF  DETERMINING  THE  COST  OF   PREMIUM   OR
SUBSCRIPTION  CHARGES TO BE PAID BY THE STATE ON BEHALF OF RETIRED STATE
EMPLOYEES ENROLLED IN THE NEW YORK STATE HEALTH  INSURANCE  PROGRAM  WHO
ARE  HIRED  ON  OR  AFTER  APRIL FIRST, TWO THOUSAND NINETEEN, THE STATE
SHALL CONSIDER ALL YEARS OF SERVICE THAT A RETIRED  STATE  EMPLOYEE  HAS
ACCRUED  IN  A  PUBLIC  RETIREMENT  SYSTEM  OF  THE STATE OR AN OPTIONAL
RETIREMENT PROGRAM ESTABLISHED PURSUANT TO ARTICLE  THREE,  EIGHT-B,  OR
ONE  HUNDRED  TWENTY-FIVE-A OF THE EDUCATION LAW. THE PROVISIONS OF THIS
PARAGRAPH MAY NOT BE USED TO GRANT ELIGIBILITY FOR RETIREE STATE  HEALTH
INSURANCE  COVERAGE TO A RETIREE WHO IS NOT OTHERWISE ELIGIBLE TO ENROLL
IN THE NEW YORK STATE HEALTH INSURANCE PROGRAM AS A RETIREE.
  § 2. This act shall take effect April 1, 2019.

                                 PART B

  Section 1. Section 167-a of the  civil  service  law,  as  amended  by
section  1  of  part  I of chapter 55 of the laws of 2012, is amended to
read as follows:
  § 167-a. Reimbursement for medicare premium  charges.  Upon  exclusion
from  the  coverage  of the health benefit plan of supplementary medical
insurance benefits for which an active or retired employee or a  depend-
ent covered by the health benefit plan is or would be eligible under the
federal  old-age,  survivors and disability insurance program, an amount
equal to the STANDARD MEDICARE premium  charge  for  such  supplementary
medical  insurance  benefits for such active or retired employee and his
or her dependents, if any, shall be paid monthly or at  other  intervals
to  such  active  or  retired  employee  from the health insurance fund.
FURTHERMORE, EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY THERE SHALL BE
NO PAYMENT WHATSOEVER FOR THE INCOME RELATED MONTHLY  ADJUSTMENT  AMOUNT
FOR  AMOUNTS (PREMIUMS) INCURRED ON OR AFTER JANUARY FIRST, TWO THOUSAND
NINETEEN TO ANY ACTIVE OR RETIRED EMPLOYEE AND HIS OR HER DEPENDENTS, IF
ANY. Where appropriate, such STANDARD MEDICARE  PREMIUM  amount  may  be
deducted from contributions payable by the employee or retired employee;
or  where  appropriate  in  the  case  of a retired employee receiving a
retirement allowance, such  STANDARD  MEDICARE  PREMIUM  amount  may  be
included  with  payments  of  his or her retirement allowance. All state
employer, employee, retired employee and dependent contributions to  the
health  insurance fund, including contributions from public authorities,
public benefit corporations or other quasi-public organizations  of  the
state  eligible  for participation in the health benefit plan as author-
ized by subdivision two of section one hundred sixty-three of this arti-
cle, shall be adjusted as necessary to cover  the  cost  of  reimbursing
federal  old-age,  survivors  and  disability  insurance program premium
charges under this section. This cost shall be included  in  the  calcu-
lation  of  premium or subscription charges for health coverage provided
to employees and retired employees of  the  state,  public  authorities,
public  benefit  corporations or other quasi-public organizations of the

S. 1505--A                         10                         A. 2005--A

state; provided, however, the state, public authorities, public  benefit
corporations  or  other  quasi-public  organizations  of the state shall
remain obligated to pay no less than its share of  such  increased  cost
consistent  with  its  share of premium or subscription charges provided
for by this article. All other  employer  contributions  to  the  health
insurance  fund  shall  be  adjusted  as  necessary  to provide for such
payments.
  § 2. This act shall take effect immediately and shall apply on January
1, 2019 for the income related monthly adjustment  amount  for  amounts,
premiums, incurred on or after January 1, 2019.

                                 PART C

  Section  1.  Section  167-a  of  the  civil service law, as amended by
section 1 of part I of chapter 55 of the laws of  2012,  is  amended  to
read as follows:
  § 167-a. Reimbursement  for  medicare  premium charges. Upon exclusion
from the coverage of the health benefit plan  of  supplementary  medical
insurance  benefits for which an active or retired employee or a depend-
ent covered by the health benefit plan is or would be eligible under the
federal old-age, survivors and disability insurance program,  an  amount
equal  to  the  STANDARD  MEDICARE premium charge for such supplementary
medical insurance benefits for such active or retired employee  and  his
or  her  dependents, if any, shall be paid monthly or at other intervals
to such active or retired  employee  from  the  health  insurance  fund;
PROVIDED, HOWEVER, SUCH PAYMENT FOR THE STANDARD MEDICARE PREMIUM CHARGE
SHALL  NOT  EXCEED  ONE  HUNDRED THIRTY-FIVE DOLLARS AND FIFTY CENTS PER
MONTH.  Where appropriate, such STANDARD MEDICARE PREMIUM amount may  be
deducted from contributions payable by the employee or retired employee;
or  where  appropriate  in  the  case  of a retired employee receiving a
retirement allowance, such  STANDARD  MEDICARE  PREMIUM  amount  may  be
included  with  payments  of  his or her retirement allowance. All state
employer, employee, retired employee and dependent contributions to  the
health  insurance fund, including contributions from public authorities,
public benefit corporations or other quasi-public organizations  of  the
state  eligible  for participation in the health benefit plan as author-
ized by subdivision two of section one hundred sixty-three of this arti-
cle, shall be adjusted as necessary to cover  the  cost  of  reimbursing
federal  old-age,  survivors  and  disability  insurance program premium
charges under this section. This cost shall be included  in  the  calcu-
lation  of  premium or subscription charges for health coverage provided
to employees and retired employees of  the  state,  public  authorities,
public  benefit  corporations or other quasi-public organizations of the
state; provided, however, the state, public authorities, public  benefit
corporations  or  other  quasi-public  organizations  of the state shall
remain obligated to pay no less than its share of  such  increased  cost
consistent  with  its  share of premium or subscription charges provided
for by this article. All other  employer  contributions  to  the  health
insurance  fund  shall  be  adjusted  as  necessary  to provide for such
payments.
  § 2. This act shall take effect immediately and  shall  apply  to  the
standard medicare premium amount on and after April 1, 2019.

                                 PART D

S. 1505--A                         11                         A. 2005--A

  Section  1.  Section  5004  of  the  civil  practice law and rules, as
amended by chapter 258 of the laws  of  1981,  is  amended  to  read  as
follows:
  §  5004.  Rate of interest. [Interest shall be at the rate of nine per
centum per annum, except where otherwise provided by statute.]  NOTWITH-
STANDING  ANY  OTHER  PROVISION  OF  LAW  OR REGULATION TO THE CONTRARY,
INCLUDING ANY LAW OR REGULATION THAT LIMITS THE ANNUAL RATE OF  INTEREST
TO  BE  PAID ON A JUDGMENT OR ACCRUED CLAIM, THE ANNUAL RATE OF INTEREST
TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM SHALL  BE  CALCULATED  AT  THE
ONE-YEAR  UNITED  STATES  TREASURY  BILL  RATE. FOR THE PURPOSES OF THIS
SECTION, THE "ONE-YEAR UNITED STATES TREASURY BILL RATE" MEANS THE WEEK-
LY AVERAGE ONE-YEAR CONSTANT MATURITY TREASURY YIELD,  AS  PUBLISHED  BY
THE  BOARD  OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, FOR THE CALENDAR
WEEK PRECEDING THE DATE OF THE ENTRY OF THE JUDGMENT  AWARDING  DAMAGES.
PROVIDED  HOWEVER, THAT THIS SECTION SHALL NOT APPLY TO ANY PROVISION OF
THE TAX LAW WHICH PROVIDES FOR THE ANNUAL RATE OF INTEREST TO BE PAID ON
A JUDGMENT OR ACCRUED CLAIM.
  § 2. Section 16 of the state finance law, as amended by chapter 681 of
the laws of 1982, is amended to read as follows:
  § 16. Rate of interest on judgments and  accrued  claims  against  the
state.    The rate of interest to be paid by the state upon any judgment
or accrued claim against the state shall [not exceed nine per centum per
annum] BE CALCULATED AT THE ONE-YEAR UNITED STATES TREASURY  BILL  RATE.
FOR  THE  PURPOSES OF THIS SECTION, THE "ONE-YEAR UNITED STATES TREASURY
BILL RATE" MEANS THE WEEKLY AVERAGE ONE-YEAR CONSTANT MATURITY  TREASURY
YIELD,  AS  PUBLISHED  BY  THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE
SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE OF  THE  ENTRY  OF  THE
JUDGMENT AWARDING DAMAGES. PROVIDED HOWEVER, THAT THIS SECTION SHALL NOT
APPLY TO ANY PROVISION OF THE TAX LAW WHICH PROVIDES FOR THE ANNUAL RATE
OF INTEREST TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM.
  §  3.  This  act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2019.

                                 PART E

  Section 1. Paragraphs (f) and (g) of subdivision 1 of section 209-a of
the civil service law, as amended by chapter 244 of the  laws  of  2007,
are amended to read as follows:
  (f)  to  utilize any state funds appropriated for any purpose to train
managers, supervisors or other administrative personnel regarding  meth-
ods  to  discourage union organization or to discourage an employee from
participating in a union organizing drive; [or] (g) to fail to permit or
refuse to afford a  public  employee  the  right,  upon  the  employee's
demand,  to representation by a representative of the employee organiza-
tion, or the designee of such organization, which has been certified  or
recognized  under  this  article  when at the time of questioning by the
employer of such employee it reasonably appears that he or  she  may  be
the  subject  of  a  potential disciplinary action. If representation is
requested, and the employee is a potential target of disciplinary action
at the time of  questioning,  a  reasonable  period  of  time  shall  be
afforded  to  the employee to obtain such representation. It shall be an
affirmative defense to any improper practice charge under paragraph  (g)
of  this  subdivision that the employee has the right, pursuant to stat-
ute, interest  arbitration  award,  collectively  negotiated  agreement,
policy  or  practice,  to  present  to  a  hearing officer or arbitrator
evidence of the employer's failure  to  provide  representation  and  to

S. 1505--A                         12                         A. 2005--A

obtain  exclusion  of  the resulting evidence upon demonstration of such
failure. Nothing in this section shall grant an employee  any  right  to
representation  by the representative of an employee organization in any
criminal  investigation;  OR  (H)  TO  DISCLOSE HOME ADDRESSES, PERSONAL
TELEPHONE  NUMBERS,  PERSONAL  CELL  PHONE  NUMBERS,   PERSONAL   E-MAIL
ADDRESSES OF A PUBLIC EMPLOYEE, AS THE TERM "PUBLIC EMPLOYEE" IS DEFINED
IN  SUBDIVISION SEVEN OF SECTION TWO HUNDRED ONE OF THIS ARTICLE, EXCEPT
(I) WHERE REQUIRED PURSUANT TO THE PROVISIONS OF THIS ARTICLE, AND  (II)
TO THE EXTENT COMPELLED TO DO SO BY LAWFUL SERVICE OF PROCESS, SUBPOENA,
COURT  ORDER,  OR AS OTHERWISE REQUIRED BY LAW. THIS PARAGRAPH SHALL NOT
PROHIBIT OTHER PROVISIONS OF LAW REGARDING WORK-RELATED, PUBLICLY AVAIL-
ABLE INFORMATION SUCH AS TITLE, SALARY, AND DATES OF EMPLOYMENT.
  § 2. Subdivision 1 of section 208 of the civil service law is  amended
by adding a new paragraph (d) to read as follows:
  (D)  UNLESS  OTHERWISE SPECIFIED BY A COLLECTIVE BARGAINING AGREEMENT,
UPON THE REQUEST OF THE EMPLOYEE ORGANIZATION, NOT MORE THAN  QUARTERLY,
THE  EMPLOYER SHALL PROVIDE THE EMPLOYEE ORGANIZATION THE NAME, ADDRESS,
JOB TITLE, EMPLOYING AGENCY OR DEPARTMENT OR OTHER  OPERATING  UNIT  AND
WORK LOCATION OF ALL EMPLOYEES OF A BARGAINING UNIT.
  § 3. This act shall take effect immediately.

                                 PART F

  Section  1. Paragraph (d) of subdivision 4 of section 209 of the civil
service law, as amended by section 1 of part L of chapter 57 of the laws
of 2016, is amended to read as follows:
  (d) The provisions of this subdivision shall expire  July  first,  two
thousand [nineteen] TWENTY-FOUR.
  §  2.  Paragraph  (f)  of  subdivision  6  of section 209 of the civil
service law, as amended by section 2 of part L of chapter 57 of the laws
of 2016, is amended to read as follows:
  (f) The provisions of this subdivision shall expire  July  first,  two
thousand [nineteen] TWENTY-FOUR.
  § 3. This act shall take effect immediately.

                                 PART G

  Section  1.  Section  13  of part A of chapter 97 of the laws of 2011,
amending the general municipal law and the  education  law  relating  to
establishing  limits  upon  school  district  and  local  government tax
levies, as amended by section 18 of part A of chapter 20 of the laws  of
2015, is amended to read as follows:
  § 13. This act shall take effect immediately[; provided, however, that
sections  two  through eleven of this act shall take effect July 1, 2011
and shall first apply to school district budgets and the budget adoption
process for the 2012-13 school year; and  shall  continue  to  apply  to
school  district  budgets and the budget adoption process for any school
year beginning in any calendar year during which this act is in  effect;
provided further, that if section 26 of part A of chapter 58 of the laws
of  2011 shall not have taken effect on or before such date then section
ten of this act shall take effect on the  same  date  and  in  the  same
manner  as  such  chapter  of  the  laws of 2011, takes effect; provided
further, that section one of this act shall first apply to the  levy  of
taxes  by  local governments for the fiscal year that begins in 2012 and
shall continue to apply to the levy of taxes by  local  governments  for
any  fiscal year beginning in any calendar year during which this act is

S. 1505--A                         13                         A. 2005--A

in effect; provided, further, that this act shall remain in  full  force
and  effect  at  a  minimum  until and including June 15, 2020 and shall
remain in effect thereafter only so long as the public emergency requir-
ing  the  regulation  and control of residential rents and evictions and
all such laws providing for such  regulation  and  control  continue  as
provided  in  subdivision  3  of  section  1 of the local emergency rent
control act, sections 26-501, 26-502 and 26-520  of  the  administrative
code  of  the city of New York, section 17 of chapter 576 of the laws of
1974 and subdivision 2 of section 1 of chapter 274 of the laws  of  1946
constituting  the  emergency housing rent control law, and section 10 of
chapter 555 of the laws of 1982, amending the general business  law  and
the  administrative code of the city of New York relating to conversions
of residential property  to cooperative or condominium ownership in  the
city of New York as such laws are continued by chapter 93 of the laws of
2011 and as such sections are amended from time to time].
  § 2. This act shall take effect immediately.

                                 PART H

  Section  1.  The opening paragraph of section 15 of chapter 123 of the
laws of 2014, amending the vehicle and traffic law, the general  munici-
pal  law,  and  the  public officers law relating to owner liability for
failure of an operator to comply with  traffic-control  indications,  is
amended to read as follows:
  This  act  shall  take effect on the thirtieth day after it shall have
become a law and shall expire [5 years after such  effective  date  when
upon  such date the provisions of this act shall] AND be deemed repealed
DECEMBER 1, 2024; and provided further that any rules necessary for  the
implementation of this act on its effective date shall be promulgated on
or before such effective date, provided that:
  § 2. The opening paragraph of section 15 of chapter 101 of the laws of
2014,  amending  the vehicle and traffic law, the general municipal law,
and the public officers law relating to owner liability for  failure  of
an  operator  to  comply with traffic-control indications in the city of
Mt. Vernon, is amended to read as follows:
  This act shall take effect on the thirtieth day after  it  shall  have
become  a  law  and shall expire [5 years after such effective date when
upon such date the provisions of this act shall] AND be deemed  repealed
DECEMBER  1, 2024; and provided further that any rules necessary for the
implementation of this act on its effective date shall be promulgated on
or before such effective date, provided that:
  § 3. Section 10 of chapter 19 of the laws of 2009, amending the  vehi-
cle  and  traffic law and other laws relating to adjudications and owner
liability for a violation  of  traffic-control  signal  indications,  as
amended  by  chapter  133  of  the  laws  of 2014, is amended to read as
follows:
  § 10. This act shall take effect on the thirtieth day after  it  shall
have  become  a  law  and shall expire December 1, [2019] 2024 when upon
such date the provisions of this act shall be deemed repealed;  provided
that  the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section one of  this  act  shall  be
subject  to  the  expiration and reversion of such paragraph pursuant to
section 17 of chapter 746 of the laws of 1988,  as  amended,  when  upon
such  date  the provisions of section two of this act shall take effect;
provided that the amendments to the opening paragraph and paragraph  (c)
of  subdivision 1 of section 1809 of the vehicle and traffic law made by

S. 1505--A                         14                         A. 2005--A

section four of this act shall be subject to the expiration  and  rever-
sion of such subdivision pursuant to chapter 166 of the laws of 1991, as
amended,  when upon such date the provisions of section five of this act
shall take effect; provided, however, that the amendments to the opening
paragraph  of  subdivision  1 of section 1809 of the vehicle and traffic
law made by section five of this act shall not affect the expiration  of
such subdivision and shall expire therewith; provided, however, that the
amendments  to subdivision 2 of section 371 of the general municipal law
made by section seven of this act shall not  affect  the  expiration  of
such  section  and  shall  be  deemed to expire therewith; and provided,
further, that any such local laws as may be enacted pursuant to this act
shall remain in full force and effect  only  until  December  1,  [2019]
2024.
  §  4. The opening paragraph of section 15 of chapter 99 of the laws of
2014, amending the vehicle and traffic law, the general  municipal  law,
and  the  public officers law relating to owner liability for failure of
an operator to comply with traffic-control indications in  the  city  of
New Rochelle, is amended to read as follows:
  This  act  shall  take effect on the thirtieth day after it shall have
become a law and shall expire [5 years after such  effective  date  when
upon  such date the provisions of this act shall] AND be deemed repealed
DECEMBER 1, 2024; and provided further that any rules necessary for  the
implementation of this act on its effective date shall be promulgated on
or before such effective date, provided that:
  § 5. Section 17 of chapter 746 of the laws of 1988, amending the vehi-
cle  and traffic law, the general municipal law, and the public officers
law relating to the  civil  liability  of  vehicle  owners  for  traffic
control  signal  violations,  as  amended  by chapter 134 of the laws of
2014, is amended to read as follows:
  § 17. This act shall take effect on the thirtieth day after  it  shall
have become a law and shall remain in full force and effect until Decem-
ber  1,  [2019]  2024  when upon such date the amendments and provisions
made by this act shall be deemed repealed; provided, however,  any  such
local  laws  as may be enacted pursuant to this act shall remain in full
force and effect only until the expiration on December 1, [2019] 2024.
  § 6. Section 2 of local law number 46 of the city of New York for  the
year  1989  amending  the  administrative  code  of the city of New York
relating to civil liability of vehicle owners for traffic control signal
violations, as amended by chapter 134 of the laws of 2014, is amended to
read as follows:
  § 2. This local law shall take effect immediately and shall expire  on
December 1, [2019] 2024.
  § 7. Section 9 of chapter 23 of the laws of 2009, amending the vehicle
and  traffic  law  and  other  laws  relating to adjudications and owner
liability for a violation  of  traffic-control  signal  indications,  as
amended  by  chapter  127  of  the  laws  of 2014, is amended to read as
follows:
  § 9. This act shall take effect on the thirtieth day  after  it  shall
have  become  a  law  and shall expire December 1, [2019] 2024 when upon
such date the provisions of this act shall be deemed repealed;  provided
that  the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section one of  this  act  shall  be
subject  to  the  expiration and reversion of such paragraph pursuant to
section 17 of chapter 746 of the laws of 1988,  as  amended,  when  upon
such  date  the provisions of section two of this act shall take effect;
provided that the amendments to the opening paragraph and paragraph  (c)

S. 1505--A                         15                         A. 2005--A

of  subdivision 1 of section 1809 of the vehicle and traffic law made by
section four of this act shall be subject to the expiration  and  rever-
sion of such subdivision pursuant to chapter 166 of the laws of 1991, as
amended,  when upon such date the provisions of section five of this act
shall take effect; provided, however, that the amendments to the opening
paragraph of subdivision 1 of section 1809 of the  vehicle  and  traffic
law  made by section five of this act shall not affect the expiration of
such subdivision and shall expire therewith; and provided, further, that
any such local laws as may be enacted pursuant to this act shall  remain
in full force and effect only until December 1, [2019] 2024.
  § 8. The opening paragraph of section 15 of chapter 222 of the laws of
2015,  amending  the vehicle and traffic law, the general municipal law,
and the public officers law relating to owner liability for  failure  of
an  operator  to  comply with traffic-control indications in the city of
White Plains, is amended to read as follows:
  This act shall take effect on the thirtieth day after  it  shall  have
become  a  law  and shall expire [5 years after such effective date when
upon such date the provisions of this act shall] AND be deemed  repealed
DECEMBER  1, 2024; and provided further that any rules necessary for the
implementation of this act on its effective date shall be promulgated on
or before such effective date, provided that:
  § 9. The opening paragraph and paragraph (k) of section 24 of  chapter
20 of the laws of 2009, amending the vehicle and traffic law, the gener-
al  municipal law, and the public officers law relating to owner liabil-
ity for failure of operator to comply with traffic control  indications,
as  amended  by  chapter 128 of the laws of 2014, are amended to read as
follows:
  This act shall take effect on the thirtieth day after  it  shall  have
become  a  law  and  shall expire December 1, [2019] 2024 when upon such
date the provisions of this act shall be deemed repealed; provided that:
  (k) any such local laws as may be enacted pursuant to this  act  shall
remain in full force and effect only until December 1, [2019] 2024.
  § 10. This act shall take effect immediately.

                                 PART I

  Section  1.  Subparagraph  (viii)  of paragraph a of subdivision 10 of
section 54 of the state finance law, as amended by section 1 of  part  O
of  chapter  56 of the laws of 2008, clause 2 as amended by section 1 of
part I of chapter 57 of the laws of 2011, is amended and a new  subpara-
graph (v) is added to paragraph b to read as follows:
  (viii) "Prior year aid" means[:
  (1)  for  the  state  fiscal year commencing April first, two thousand
seven, the total amount of state aid a municipality or county  having  a
population  of  less than one million but more than nine hundred twenty-
five thousand according to the federal decennial census of two  thousand
received  in  the state fiscal year commencing April first, two thousand
six.
  (2) for the state fiscal year commencing  April  first,  two  thousand
eight  and  in  each  state fiscal year thereafter, the base level grant
received in the immediately preceding  state  fiscal  year  pursuant  to
paragraph  b  of  this subdivision and chapter three hundred thirteen of
the laws of two thousand ten, excluding any deficit reduction adjustment
pursuant to paragraph e-1  of  this  subdivision,  plus  any  additional
apportionments  received  in  such  year pursuant to paragraph d of this
subdivision and any per capita adjustments received in such year  pursu-

S. 1505--A                         16                         A. 2005--A

ant  to  paragraph  e  of  this  subdivision]  FOR THE STATE FISCAL YEAR
COMMENCING APRIL FIRST, TWO THOUSAND NINETEEN AND IN EACH  STATE  FISCAL
YEAR  THEREAFTER,  THE  BASE  LEVEL  GRANT  RECEIVED  IN THE IMMEDIATELY
PRECEDING STATE FISCAL YEAR PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION.
  (V) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, WITHIN AMOUNTS
APPROPRIATED  IN THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOU-
SAND NINETEEN, AND ANNUALLY THEREAFTER, THERE SHALL BE  APPORTIONED  AND
PAID  TO  EACH  MUNICIPALITY  WHICH  IS  A CITY A BASE LEVEL GRANT IN AN
AMOUNT EQUAL TO THE PRIOR YEAR AID RECEIVED  BY  SUCH  CITY,  AND  THERE
SHALL  BE  APPORTIONED  AND PAID TO EACH MUNICIPALITY WHICH IS A TOWN OR
VILLAGE A BASE LEVEL GRANT IN ACCORDANCE WITH CLAUSE TWO OF THIS SUBPAR-
AGRAPH.
  (1) WHEN USED IN THIS SUBPARAGRAPH, UNLESS OTHERWISE EXPRESSLY STATED:
  (A) "TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN AIM  FUNDING"  SHALL
MEAN  THE SUM OF THE BASE LEVEL GRANT PAID IN THE STATE FISCAL YEAR THAT
BEGAN APRIL FIRST, TWO THOUSAND EIGHTEEN PURSUANT TO THIS PARAGRAPH.
  (B) "TWO THOUSAND SEVENTEEN TOTAL EXPENDITURES" SHALL MEAN  ALL  FUNDS
AND  TOTAL EXPENDITURES FOR A TOWN OR A VILLAGE AS REPORTED TO THE STATE
COMPTROLLER FOR LOCAL FISCAL YEARS ENDED IN TWO THOUSAND SEVENTEEN.
  (C) "AIM RELIANCE" SHALL  MEAN  TWO  THOUSAND  EIGHTEEN--TWO  THOUSAND
NINETEEN  AIM  FUNDING CALCULATED AS A PERCENTAGE OF TWO THOUSAND SEVEN-
TEEN TOTAL EXPENDITURES, PROVIDED THAT, FOR A  VILLAGE  WHICH  DISSOLVED
DURING  THE STATE FISCAL YEAR THAT BEGAN APRIL FIRST, TWO THOUSAND EIGH-
TEEN, THE VILLAGE'S TWO THOUSAND  EIGHTEEN--TWO  THOUSAND  NINETEEN  AIM
FUNDING  SHALL BE ADDED TO THE EXISTING TWO THOUSAND EIGHTEEN--TWO THOU-
SAND NINETEEN AIM FUNDING OF THE TOWN INTO WHICH THE  VILLAGE  DISSOLVED
FOR PURPOSES OF THIS CALCULATION.
  (2)  A  BASE  LEVEL  GRANT EQUAL TO A TOWN OR VILLAGE'S PRIOR YEAR AID
ONLY IF SUCH TOWN OR VILLAGE'S AIM RELIANCE EQUALS TWO PERCENT OR GREAT-
ER AS REPORTED TO AND PUBLISHED BY THE STATE COMPTROLLER AS  OF  JANUARY
TENTH, TWO THOUSAND NINETEEN.
  §  2. Paragraph i of subdivision 10 of section 54 of the state finance
law is amended by adding a new subparagraph (ix) to read as follows:
  (IX) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN THE  STATE
FISCAL  YEAR  COMMENCING  APRIL  FIRST,  TWO THOUSAND NINETEEN, THE BASE
LEVEL GRANT ADJUSTMENT PURSUANT TO SUBPARAGRAPH (V) OF  PARAGRAPH  B  OF
THIS SUBDIVISION SHALL BE MADE ON OR BEFORE SEPTEMBER TWENTY-FIFTH FOR A
TOWN OR VILLAGE.
  §  3.  Notwithstanding  any  law to the contrary, where a municipality
received a base level grant in state fiscal  year  2018-19  but  not  in
state  fiscal  year  2019-20  under  the  aid and incentives for munici-
palities program pursuant to subdivision 10 of section 54 of  the  state
finance  law,  the  county in which a majority of the population of such
municipality resides shall annually distribute, by December fifteenth of
each year, to such municipality a portion of the receipts from the sales
and use tax imposed by such county pursuant to article 29 of the tax law
in an amount equal to the base level grant received by such municipality
in state fiscal year 2018-19; provided, however, that such  distribution
shall  be  in addition to any other revenue distribution to such munici-
pality required by law.
  § 4. This act shall take effect immediately.

                                 PART J

  Section 1. The real property tax  law  is  amended  by  adding  a  new
section 485-u to read as follows:

S. 1505--A                         17                         A. 2005--A

  § 485-U. CLASS ONE REASSESSMENT EXEMPTION. 1. APPLICABILITY. A SPECIAL
ASSESSING  UNIT  THAT  IS NOT A CITY MAY, BY LOCAL LAW, OPT TO PROVIDE A
CLASS ONE REASSESSMENT EXEMPTION  AS  PROVIDED  IN  THIS  SECTION.  SUCH
EXEMPTION SHALL APPLY IN THE SAME MANNER AND TO THE SAME EXTENT TO COUN-
TY,  TOWN,  SPECIAL  DISTRICT  AND  SCHOOL  DISTRICT TAXES LEVIED ON THE
ASSESSMENT ROLL PREPARED BY SUCH SPECIAL ASSESSING UNIT.
  2. ELIGIBILITY. THE ASSESSOR SHALL, FOR THE TWO  THOUSAND  TWENTY--TWO
THOUSAND  TWENTY-ONE  ASSESSMENT ROLL AND FOR THE SUBSEQUENT FOUR YEARS,
APPLY AN EXEMPTION AS PROVIDED IN THIS SECTION TO EACH PROPERTY  CLASSI-
FIED IN CLASS ONE PURSUANT TO ARTICLE EIGHTEEN OF THIS CHAPTER.
  3.  EXEMPTION  CALCULATION.  (A)  (I) THE ASSESSOR SHALL CALCULATE THE
EXEMPTION AS A PERCENTAGE OF THE  EXEMPTION  BASE.  THE  EXEMPTION  BASE
SHALL  BE  THE  AMOUNT  BY WHICH THE ASSESSMENT OF A PROPERTY ON THE TWO
THOUSAND  TWENTY--TWO-THOUSAND  TWENTY-ONE  TENTATIVE  ASSESSMENT   ROLL
ISSUED  ON  OR ABOUT JANUARY 2, 2019 EXCEEDS THE EQUALIZED ASSESSMENT ON
THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY  FINAL  ASSESSMENT  ROLL.
THE  ASSESSOR  SHALL DETERMINE THE EQUALIZED ASSESSMENT ON THE TWO THOU-
SAND NINETEEN--TWO THOUSAND TWENTY FINAL ASSESSMENT ROLL BY  MULTIPLYING
A  PROPERTY'S  EFFECTIVE  FULL  VALUE  ON THE TWO THOUSAND NINETEEN--TWO
THOUSAND TWENTY FINAL ASSESSMENT ROLL BY THE CLASS ONE LEVEL OF  ASSESS-
MENT  ON  THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE FINAL ASSESS-
MENT ROLL. THE ASSESSOR SHALL  DETERMINE  A  PROPERTY'S  EFFECTIVE  FULL
VALUE ON THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY FINAL ASSESSMENT
ROLL  BY DIVIDING THE ASSESSMENT ON THE TWO THOUSAND NINETEEN--TWO THOU-
SAND TWENTY FINAL ASSESSMENT ROLL BY THE CLASS ONE LEVEL  OF  ASSESSMENT
ON THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY FINAL ASSESSMENT ROLL.
SUCH  EXEMPTION  BASE  SHALL  NOT  INCLUDE ASSESSMENT INCREASES DUE TO A
PHYSICAL IMPROVEMENT OR A REMOVAL OR REDUCTION OF AN EXEMPTION ON  PROP-
ERTY.
  (II)  ANY  INCREASE IN THE ASSESSMENT OF A PROPERTY DUE TO AN INCREASE
IN A PROPERTY'S FULL VALUE OR PHYSICAL CHANGES  SUBSEQUENT  TO  THE  TWO
THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE FINAL ASSESSMENT ROLL SHALL NOT
BE  ELIGIBLE FOR THE EXEMPTION. IF ANY PORTION OF A PROPERTY IS FULLY OR
PARTIALLY REMOVED FROM THE ASSESSMENT ROLL SUBSEQUENT TO THE  TWO  THOU-
SAND  TWENTY--TWO THOUSAND TWENTY-ONE FINAL ASSESSMENT ROLL BY REASON OF
FIRE, DEMOLITION, DESTRUCTION  OR  NEW  EXEMPTION,  THE  ASSESSOR  SHALL
REDUCE  THE  EXEMPTION  FOR ANY REMAINING PORTION IN THE SAME PROPORTION
THE ASSESSMENT IS REDUCED FOR SUCH FIRE, DEMOLITION, DESTRUCTION OR  NEW
EXEMPTION.
  (B)  THE EXEMPTION SHALL BE EIGHTY PER CENTUM OF THE EXEMPTION BASE ON
THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE FINAL ASSESSMENT  ROLL,
SIXTY  PER CENTUM OF THE EXEMPTION BASE ON THE TWO THOUSAND TWENTY-ONE--
TWO THOUSAND TWENTY-TWO FINAL ASSESSMENT ROLL, FORTY PER CENTUM  OF  THE
EXEMPTION BASE ON THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE
FINAL  ASSESSMENT  ROLL,  TWENTY PER CENTUM OF THE EXEMPTION BASE ON THE
TWO THOUSAND TWENTY-THREE--TWO  THOUSAND  TWENTY-FOUR  FINAL  ASSESSMENT
ROLL AND ZERO PER CENTUM OF THE EXEMPTION BASE ON THE TWO THOUSAND TWEN-
TY-FOUR--TWO THOUSAND TWENTY-FIVE FINAL ASSESSMENT ROLL.
  4.  ENTERING OF EXEMPTION ON ASSESSMENT ROLL. THE ASSESSOR SHALL ENTER
IN A SEPARATE COLUMN ON THE ASSESSMENT ROLL THE VALUE OF  ANY  EXEMPTION
PROVIDED BY THIS SECTION.
  §  2. Severability. If any provision of this act or if any application
thereof to any person or circumstances is held invalid, the remainder of
this act and the application of  the  provision  to  other  persons  and
circumstances shall not be affected thereby.
  § 3. This act shall take effect immediately.

S. 1505--A                         18                         A. 2005--A

                                 PART K

  Section  1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision  5
of  section  4  of  the  state finance law to the following funds and/or
accounts:
  1. DOL-Child performer protection account (20401).
  2. Proprietary vocational school supervision account (20452).
  3. Local government records management account (20501).
  4. Child health plus program account (20810).
  5. EPIC premium account (20818).
  6. Education - New (20901).
  7. VLT - Sound basic education fund (20904).
  8.  Sewage  treatment  program  management  and  administration   fund
(21000).
  9. Hazardous bulk storage account (21061).
  10. Federal grants indirect cost recovery account (21065).
  11. Low level radioactive waste account (21066).
  12. Recreation account (21067).
  13. Public safety recovery account (21077).
  14. Environmental regulatory account (21081).
  15. Natural resource account (21082).
  16. Mined land reclamation program account (21084).
  17. Great lakes restoration initiative account (21087).
  18. Environmental protection and oil spill compensation fund (21200).
  19. Public transportation systems account (21401).
  20. Metropolitan mass transportation (21402).
  21. Operating permit program account (21451).
  22. Mobile source account (21452).
  23.   Statewide  planning  and  research  cooperative  system  account
(21902).
  24. New York state thruway authority account (21905).
  25. Mental hygiene program fund account (21907).
  26. Mental hygiene patient income account (21909).
  27. Financial control board account (21911).
  28. Regulation of racing account (21912).
  29. New York Metropolitan Transportation Council account (21913).
  30. State university dormitory income reimbursable account (21937).
  31. Criminal justice improvement account (21945).
  32. Environmental laboratory reference fee account (21959).
  33. Training, management and evaluation account (21961).
  34. Clinical laboratory reference system assessment account (21962).
  35. Indirect cost recovery account (21978).
  36. High school equivalency program account (21979).
  37. Multi-agency training account (21989).
  38.  Interstate  reciprocity  for  post-secondary  distance  education
account (23800).
  39. Bell jar collection account (22003).
  40. Industry and utility service account (22004).
  41. Real property disposition account (22006).
  42. Parking account (22007).
  43. Courts special grants (22008).
  44. Asbestos safety training program account (22009).
  45. Camp Smith billeting account (22017).
  46. Batavia school for the blind account (22032).
  47. Investment services account (22034).

S. 1505--A                         19                         A. 2005--A

  48. Surplus property account (22036).
  49. Financial oversight account (22039).
  50. Regulation of Indian gaming account (22046).
  51. Rome school for the deaf account (22053).
  52. Seized assets account (22054).
  53. Administrative adjudication account (22055).
  54. Federal salary sharing account (22056).
  55. New York City assessment account (22062).
  56. Cultural education account (22063).
  57. Local services account (22078).
  58. DHCR mortgage servicing account (22085).
  59. Housing indirect cost recovery account (22090).
  60. DHCR-HCA application fee account (22100).
  61. Low income housing monitoring account (22130).
  62. Corporation administration account (22135).
  63. Montrose veteran's home account (22144).
  64. Deferred compensation administration account (22151).
  65. Rent revenue other New York City account (22156).
  66. Rent revenue account (22158).
  67. Tax revenue arrearage account (22168).
  68. State university general income offset account (22654).
  69. Lake George park trust fund account (22751).
  70. State police motor vehicle law enforcement account (22802).
  71. Highway safety program account (23001).
  72. DOH drinking water program account (23102).
  73. NYCCC operating offset account (23151).
  74. Commercial gaming revenue account (23701).
  75. Commercial gaming regulation account (23702).
  76. Highway use tax administration account (23801).
  77. Fantasy sports administration account (24951).
  78. Highway and bridge capital account (30051).
  79. Aviation purpose account (30053).
  80. State university residence hall rehabilitation fund (30100).
  81. State parks infrastructure account (30351).
  82. Clean water/clean air implementation fund (30500).
  83. Hazardous waste remedial cleanup account (31506).
  84. Youth facilities improvement account (31701).
  85. Housing assistance fund (31800).
  86. Housing program fund (31850).
  87. Highway facility purpose account (31951).
  88. Information technology capital financing account (32215).
  89. New York racing account (32213).
  90. Capital miscellaneous gifts account (32214).
  91.  New  York  environmental protection and spill remediation account
(32219).
  92. Mental hygiene facilities capital improvement fund (32300).
  93. Correctional facilities capital improvement fund (32350).
  94. New York State Storm Recovery Capital Fund (33000).
  95. OGS convention center account (50318).
  96. Empire Plaza Gift Shop (50327).
  97. Centralized services fund (55000).
  98. Archives records management account (55052).
  99. Federal single audit account (55053).
  100. Civil service EHS occupational health program account (55056).
  101. Banking services account (55057).
  102. Cultural resources survey account (55058).

S. 1505--A                         20                         A. 2005--A

  103. Neighborhood work project account (55059).
  104. Automation & printing chargeback account (55060).
  105. OFT NYT account (55061).
  106. Data center account (55062).
  107. Intrusion detection account (55066).
  108. Domestic violence grant account (55067).
  109. Centralized technology services account (55069).
  110. Labor contact center account (55071).
  111. Human services contact center account (55072).
  112. Tax contact center account (55073).
  113. Executive direction internal audit account (55251).
  114. CIO Information technology centralized services account (55252).
  115. Health insurance internal service account (55300).
  116.  Civil  service employee benefits division administrative account
(55301).
  117. Correctional industries revolving fund (55350).
  118. Employees health insurance account (60201).
  119. Medicaid management information system escrow fund (60900).
  120. Department of law civil recoveries account (55074).
  121. Utility environmental regulatory account (21064).
  122. New York state secure choice administrative account (23806).
  123. New York state medical indemnity fund account (_____).
  124. New York state cannabis revenue fund (_____).
  § 1-a. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in  subdivision  5  of
section  4  of the state finance law to any account within the following
federal funds, provided the comptroller has made  a  determination  that
sufficient  federal grant award authority is available to reimburse such
loans:
  1. Federal USDA-food and nutrition services fund (25000).
  2. Federal health and human services fund (25100).
  3. Federal education fund (25200).
  4. Federal block grant fund (25250).
  5. Federal miscellaneous operating grants fund (25300).
  6. Federal unemployment insurance administration fund (25900).
  7. Federal unemployment insurance occupational training fund (25950).
  8. Federal emergency employment act fund (26000).
  9. Federal capital projects fund (31350).
  § 1-b. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in  subdivision  5  of
section 4 of the state finance law to any fund within the special reven-
ue,  capital projects, proprietary or fiduciary funds for the purpose of
payment of any fringe benefit or  indirect  cost  liabilities  or  obli-
gations incurred.
  §  2.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2020, up to the unencumbered balance or the  follow-
ing amounts:
  Economic Development and Public Authorities:
  1.  $175,000  from the miscellaneous special revenue fund, underground
facilities safety training account (22172), to the general fund.
  2. An amount up to the unencumbered  balance  from  the  miscellaneous
special  revenue  fund, business and licensing services account (21977),
to the general fund.

S. 1505--A                         21                         A. 2005--A

  3. $14,810,000 from  the  miscellaneous  special  revenue  fund,  code
enforcement account (21904), to the general fund.
  4.  $3,000,000  from  the  general  fund  to the miscellaneous special
revenue fund, tax revenue arrearage account (22168).
  Education:
  1. $2,679,000,000 from the general fund to  the  state  lottery  fund,
education  account (20901), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c  of
the  state  finance  law  that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
  2. $987,200,000 from the general fund to the state lottery  fund,  VLT
education  account (20904), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c  of
the  state  finance  law  that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
  3. $154,400,000 from the general fund to the New York state commercial
gaming fund, commercial gaming revenue account (23701), as reimbursement
for disbursements made from such fund for supplemental aid to  education
pursuant  to section 97-nnnn of the state finance law that are in excess
of the amounts deposited in such fund for purposes pursuant  to  section
1352 of the racing, pari-mutuel wagering and breeding law.
  4.  $18,000,000  from  the  interactive  fantasy  sports fund, fantasy
sports education account (24950), to the state lottery  fund,  education
account  (20901), as reimbursement for disbursements made from such fund
for supplemental aid to education pursuant to section 92-c of the  state
finance law.
  5.  $36,211,000  from  the charitable gifts trust fund, elementary and
secondary education account (24901), to the general fund, for payment of
general support for public schools pursuant to  section  3609-a  of  the
education law.
  6. Moneys from the state lottery fund (20900) up to an amount deposit-
ed in such fund pursuant to section 1612 of the tax law in excess of the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
  7.  $300,000  from the New York state local government records manage-
ment improvement  fund,  local  government  records  management  account
(20501), to the New York state archives partnership trust fund, archives
partnership trust maintenance account (20351).
  8. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
  9. $900,000 from the general fund to the miscellaneous special revenue
fund, Rome school for the deaf account (22053).
  10.  $343,400,000  from  the  state  university  dormitory income fund
(40350) to the miscellaneous  special  revenue  fund,  state  university
dormitory income reimbursable account (21937).
  11.  $8,318,000  from  the general fund to the state university income
fund, state university income offset account (22654),  for  the  state's
share of repayment of the STIP loan.
  12. $44,000,000 from the state university income fund, state universi-
ty hospitals income reimbursable account (22656) to the general fund for
hospital  debt  service  for  the period April 1, 2019 through March 31,
2020.
  13. $7,200,000 from the miscellaneous special revenue fund, office  of
the  professions  account (22051), to the miscellaneous capital projects
fund, office of the professions electronic licensing account (32200).

S. 1505--A                         22                         A. 2005--A

  14. $24,000,000 from any of the state education  department's  special
revenue  and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978) or to the federal miscella-
neous operating grants fund, federal indirect cost recovery account.
  15.  $6,600,000  from  any of the state education department's special
revenue or internal service funds to the capital projects fund (30000).
  Environmental Affairs:
  1. $16,000,000 from any of the department of  environmental  conserva-
tion's  special  revenue federal funds to the environmental conservation
special revenue fund, federal indirect recovery account (21065).
  2. $5,000,000 from any of the department  of  environmental  conserva-
tion's special revenue federal funds to the conservation fund (21150) OR
Marine  Resources  Account  (21151)  as  necessary to avoid diversion of
conservation funds.
  3. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue  federal
funds  to the miscellaneous special revenue fund, federal grant indirect
cost recovery account (22188).
  4. $1,000,000 from any of the office of parks, recreation and historic
preservation special revenue federal funds to the miscellaneous  capital
projects fund, I love NY water account (32212).
  5.  $28,000,000  from the general fund to the environmental protection
fund, environmental protection fund transfer account (30451).
  6. $1,800,000 from the general fund to the  hazardous  waste  remedial
fund, hazardous waste oversight and assistance account (31505).
  7.  An  amount  up  to or equal to the cash balance within the special
revenue-other waste management & cleanup account (21053) to the  capital
projects  fund  (30000) for services and capital expenses related to the
management and cleanup program as put forth in section  27-1915  of  the
environmental conservation law.
  8.  $1,800,000  from  the  miscellaneous  special revenue fund, public
service account (22011) to the miscellaneous special revenue fund, util-
ity environmental regulatory account (21064).
  9. $500,000 from the general fund to the enterprise fund,  state  fair
account (50051).
  10.  $2,200,000  from  the  miscellaneous special revenue fund, public
service account (22011) to the general fund.
  Family Assistance:
  1. $7,000,000 from any of the office of children and family  services,
office  of  temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in  accordance  with
agreements  with social services districts, to the miscellaneous special
revenue fund, office of human resources development state match  account
(21967).
  2.  $4,000,000  from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).
  3. $18,670,000 from any of the office of children and family services,
office of temporary and disability assistance, or department  of  health
special  revenue  federal  funds  and  any  other miscellaneous revenues
generated from the operation of office of children and  family  services
programs to the general fund.
  4.  $125,000,000  from  any  of the office of temporary and disability
assistance or department of health special revenue funds to the  general
fund.

S. 1505--A                         23                         A. 2005--A

  5.  $2,500,000  from  any  of  the  office of temporary and disability
assistance special revenue funds to the  miscellaneous  special  revenue
fund,  office  of  temporary  and  disability assistance program account
(21980).
  6. $24,000,000 from any of the office of children and family services,
office  of temporary and disability assistance, department of labor, and
department of health special revenue federal  funds  to  the  office  of
children  and family services miscellaneous special revenue fund, multi-
agency training contract account (21989).
  7. $205,000,000 from the miscellaneous  special  revenue  fund,  youth
facility per diem account (22186), to the general fund.
  8.  $621,850  from the general fund to the combined gifts, grants, and
bequests fund, WB Hoyt Memorial account (20128).
  9. $5,000,000 from  the  miscellaneous  special  revenue  fund,  state
central registry (22028), to the general fund.
  General Government:
  1. $1,566,000 from the miscellaneous special revenue fund, examination
and miscellaneous revenue account (22065) to the general fund.
  2.  $8,083,000 from the general fund to the health insurance revolving
fund (55300).
  3. $292,400,000  from  the  health  insurance  reserve  receipts  fund
(60550) to the general fund.
  4. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
  5. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
  6.  $3,000,000  from  the  miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
  7. $19,000,000 from the miscellaneous special  revenue  fund,  revenue
arrearage account (22024), to the general fund.
  8.  $1,826,000  from  the  miscellaneous special revenue fund, revenue
arrearage account (22024), to the miscellaneous  special  revenue  fund,
authority budget office account (22138).
  9.  $1,000,000  from  the  miscellaneous special revenue fund, parking
services account (22007), to the general fund, for the purpose of  reim-
bursing the costs of debt service related to state parking facilities.
  10. $9,632,000 from the general fund to the centralized services fund,
COPS account (55013).
  11. $13,854,000 from the general fund to the agencies internal service
fund,  central  technology  services account (55069), for the purpose of
enterprise technology projects.
  12. $10,000,000 from the general fund to the agencies internal service
fund, state data center account (55062).
  13. $20,000,000 from the miscellaneous special revenue fund,  workers'
compensation  account  (21995),  to  the  miscellaneous capital projects
fund, workers' compensation  board  IT  business  process  design  fund,
(32218).
  14.  $12,000,000  from the miscellaneous special revenue fund, parking
services account (22007), to the centralized services, building  support
services account (55018).
  15.  $30,000,000  from  the general fund to the internal service fund,
business services center account (55022).
  16. $8,000,000 from the general fund to  the  internal  service  fund,
building support services account (55018).
  17.  $1,500,000  from  the  combined  expendable trust, special events
account (20120), to the general fund.

S. 1505--A                         24                         A. 2005--A

  Health:
  1.  A transfer from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155),  up
to  an  amount  equal  to  the  monies collected and deposited into that
account in the previous fiscal year.
  2. A transfer from the general fund to the combined gifts, grants  and
bequests  fund,  prostate  cancer  research,  detection,  and  education
account (20183), up to an amount  equal  to  the  moneys  collected  and
deposited into that account in the previous fiscal year.
  3.  A transfer from the general fund to the combined gifts, grants and
bequests fund,  Alzheimer's  disease  research  and  assistance  account
(20143),  up  to  an  amount equal to the moneys collected and deposited
into that account in the previous fiscal year.
  4. $33,134,000 from the HCRA resources fund (20800) to  the  miscella-
neous  special  revenue  fund, empire state stem cell trust fund account
(22161).
  5. $6,000,000 from the miscellaneous special revenue fund, certificate
of need account (21920), to the  miscellaneous  capital  projects  fund,
healthcare IT capital subfund (32216).
  6.  $2,000,000  from  the  miscellaneous  special  revenue fund, vital
health records account (22103), to the  miscellaneous  capital  projects
fund, healthcare IT capital subfund (32216).
  7.  $2,000,000  from  the  miscellaneous special revenue fund, profes-
sional medical conduct account (22088),  to  the  miscellaneous  capital
projects fund, healthcare IT capital subfund (32216).
  8.  $91,304,000  from  the  HCRA resources fund (20800) to the capital
projects fund (30000).
  9. $6,550,000 from the general fund to  the  medical  marihuana  trust
fund, health operation and oversight account (23755).
  10.  $1,086,000  from  the miscellaneous special revenue fund, certif-
icate of need account (21920), to the general fund.
  11. $59,000,000 from the charitable gifts trust fund, health  charita-
ble account (24900), to the general fund, for payment of general support
for  primary,  preventive,  and inpatient health care, dental and vision
care, hunger prevention and nutritional assistance, and  other  services
for  New York state residents with the overall goal of ensuring that New
York state residents have  access  to  quality  health  care  and  other
related services.
  Labor:
  1.  $500,000  from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the child performer's protection fund, child
performer protection account (20401).
  2. $11,700,000 from the unemployment insurance  interest  and  penalty
fund,  unemployment  insurance  special  interest  and  penalty  account
(23601), to the general fund.
  3. $5,000,000 from the miscellaneous special  revenue  fund,  workers'
compensation  account  (21995),  to  the  training and education program
occupation safety and health fund, OSHA-training and  education  account
(21251) and occupational health inspection account (21252).
  Mental Hygiene:
  1.  $10,000,000  from  the  general fund, to the miscellaneous special
revenue fund, federal salary sharing account (22056).
  2. $3,800,000 from the general fund, to the agencies internal  service
fund, civil service EHS occupational health program account (55056).
  Public Protection:

S. 1505--A                         25                         A. 2005--A

  1.  $1,350,000  from the miscellaneous special revenue fund, emergency
management account (21944), to the general fund.
  2.  $2,087,000  from  the  general  fund  to the miscellaneous special
revenue fund, recruitment incentive account (22171).
  3. $20,773,000 from the general fund to  the  correctional  industries
revolving   fund,   correctional  industries  internal  service  account
(55350).
  4. $60,000,000 from any of the division of homeland security and emer-
gency services special revenue federal funds to the general fund.
  5. $9,500,000 from the miscellaneous special  revenue  fund,  criminal
justice improvement account (21945), to the general fund.
  6.  $115,420,000  from  the state police motor vehicle law enforcement
and motor vehicle theft  and  insurance  fraud  prevention  fund,  state
police  motor  vehicle  enforcement account (22802), to the general fund
for state operation expenses of the division of state police.
  7. $119,500,000 from the general fund to the  correctional  facilities
capital improvement fund (32350).
  8.  $5,000,000  from  the  general  fund  to the dedicated highway and
bridge trust fund (30050) for the purpose of work zone safety activities
provided by the division of state police for the department of transpor-
tation.
  9. $10,000,000 from the miscellaneous special revenue fund,  statewide
public  safety  communications  account (22123), to the capital projects
fund (30000).
  10. $29,080,000 from the miscellaneous  special  revenue  fund,  legal
services assistance account (22096), to the general fund.
  11.  $1,000,000 from the general fund to the agencies internal service
fund, neighborhood work project account (55059).
  12. $7,980,000 from the miscellaneous special  revenue  fund,  finger-
print identification & technology account (21950), to the general fund.
  13. $1,400,000 from the state police motor vehicle law enforcement and
motor  vehicle  theft and insurance fraud prevention fund, motor vehicle
theft and insurance fraud account (22801), to the general fund.
  14. $150,000 from the medical marihuana trust  fund,  law  enforcement
account (23753), to the general fund.
  15. $25,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the general fund.
  16.  A  transfer  of  the  unencumbered balance from the miscellaneous
special revenue fund, airport security account (22199), to the miscella-
neous special revenue fund, securing the cities account.
  Transportation:
  1. $17,672,000 from the federal miscellaneous operating grants fund to
the miscellaneous special revenue fund, New York Metropolitan  Transpor-
tation Council account (21913).
  2. $20,147,000 from the federal capital projects fund to the miscella-
neous special revenue fund, New York Metropolitan Transportation Council
account (21913).
  3.  $15,181,992 from the general fund to the mass transportation oper-
ating assistance fund, public transportation systems  operating  assist-
ance account (21401), of which $12,000,000 constitutes the base need for
operations.
  4.  $727,500,000  from  the  general fund to the dedicated highway and
bridge trust fund (30050).
  5. $244,250,000 from the general fund to the MTA financial  assistance
fund, mobility tax trust account (23651).

S. 1505--A                         26                         A. 2005--A

  6. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion  regulation  account  (22067)  to  the dedicated highway and bridge
trust fund (30050), for disbursements made  from  such  fund  for  motor
carrier  safety that are in excess of the amounts deposited in the dedi-
cated highway and bridge trust fund (30050) for such purpose pursuant to
section 94 of the transportation law.
  7.  $3,000,000  from  the  miscellaneous special revenue fund, traffic
adjudication account (22055), to the general fund.
  8. $17,421,000 from the mass transportation operating assistance fund,
metropolitan mass transportation operating assistance  account  (21402),
to the capital projects fund (30000).
  9. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion  regulation  account (22067) to the general fund, for disbursements
made from such fund for motor carrier safety that are in excess  of  the
amounts  deposited  in  the  general  fund  for such purpose pursuant to
section 94 of the transportation law.
  Miscellaneous:
  1. $250,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
  2. $500,000,000 from the general fund to the  debt  reduction  reserve
fund (40000).
  3.  $450,000,000  from  the New York state storm recovery capital fund
(33000) to the revenue bond tax fund (40152).
  4. $18,550,000 from the general fund, community  projects  account  GG
(10256), to the general fund, state purposes account (10050).
  5.  $100,000,000  from any special revenue federal fund to the general
fund, state purposes account (10050).
  § 3. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2020:
  1.  Upon request of the commissioner of environmental conservation, up
to $12,659,400 from revenues credited to any of the department of  envi-
ronmental  conservation special revenue funds, including $4,000,000 from
the environmental protection and oil spill  compensation  fund  (21200),
and  $1,831,600 from the conservation fund (21150), to the environmental
conservation special revenue fund, indirect charges account (21060).
  2. Upon request of the commissioner of agriculture and markets, up  to
$3,000,000  from  any special revenue fund or enterprise fund within the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
  3. Upon request of the commissioner of agriculture and markets, up  to
$2,000,000  from  the state exposition special fund, state fair receipts
account (50051) to the miscellaneous capital projects fund,  state  fair
capital improvement account (32208).
  4.  Upon  request  of  the commissioner of the division of housing and
community renewal, up to $6,221,000 from revenues credited to any  divi-
sion  of  housing and community renewal federal or miscellaneous special
revenue fund to the miscellaneous special revenue fund, housing indirect
cost recovery account (22090).
  5. Upon request of the commissioner of the  division  of  housing  and
community  renewal, up to $5,500,000 may be transferred from any miscel-
laneous special revenue  fund  account,  to  any  miscellaneous  special
revenue fund.
  6.  Upon  request  of the commissioner of health up to $8,500,000 from
revenues credited to any of the department of health's  special  revenue

S. 1505--A                         27                         A. 2005--A

funds, to the miscellaneous special revenue fund, administration account
(21982).
  § 4. On or before March 31, 2020, the comptroller is hereby authorized
and  directed  to  deposit  earnings  that would otherwise accrue to the
general fund that are attributable to the operation of section  98-a  of
the  state  finance  law, to the agencies internal service fund, banking
services account (55057), for the purpose  of  meeting  direct  payments
from such account.
  §  5.  Notwithstanding  any law to the contrary, upon the direction of
the director of the budget and upon requisition by the state  university
of  New  York,  the  dormitory  authority  of  the  state of New York is
directed to transfer, up to $22,000,000 in revenues generated  from  the
sale of notes or bonds, the state university income fund general revenue
account  (22653)  for  reimbursement  of  bondable equipment for further
transfer to the state's general fund.
  § 6. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon  consultation  with  the  state university chancellor or his or her
designee, on or before March 31, 2020, up to $16,000,000 from the  state
university  income  fund  general  revenue  account (22653) to the state
general fund for debt service costs related to campus supported  capital
project  costs  for  the  NY-SUNY  2020  challenge  grant program at the
University at Buffalo.
  § 7. Notwithstanding any law to the contrary, and in  accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon  consultation  with  the  state university chancellor or his or her
designee, on or before March 31, 2020, up to $6,500,000 from  the  state
university  income  fund  general  revenue  account (22653) to the state
general fund for debt service costs related to campus supported  capital
project  costs  for  the  NY-SUNY  2020  challenge  grant program at the
University at Albany.
  § 8. Notwithstanding any law to the  contrary,  the  state  university
chancellor or his or her designee is authorized and directed to transfer
estimated  tuition revenue balances from the state university collection
fund (61000) to the  state  university  income  fund,  state  university
general revenue offset account (22655) on or before March 31, 2020.
  §  9.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $1,001,800,300 from the general fund to the state  university  income
fund, state university general revenue offset account (22655) during the
period  of  July  1, 2019 through June 30, 2020 to support operations at
the state university.
  § 10. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to  $109,500,000  from  the  general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of April 1, 2019 through June 30, 2019 to support  operations  at
the state university.
  §  11. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $20,000,000 from the general fund  to  the  state  university  income

S. 1505--A                         28                         A. 2005--A

fund, state university general revenue offset account (22655) during the
period  of  July  1,  2019 to June 30, 2020 to support operations at the
state university in accordance with the maintenance of  effort  pursuant
to  clause  (v)  of  subparagraph (4) of paragraph h of subdivision 2 of
section 355 of the education law.
  § 12. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, upon request of the state university chancel-
lor or his or her designee, up to $55,000,000 from the state  university
income  fund,  state  university  hospitals  income reimbursable account
(22656), for services and expenses of hospital  operations  and  capital
expenditures at the state university hospitals; and the state university
income  fund,  Long  Island  veterans' home account (22652) to the state
university capital projects fund (32400) on or before June 30, 2020.
  § 13. Notwithstanding any law to the contrary, and in accordance  with
section  4 of the state finance law, the comptroller, after consultation
with the state university chancellor or his or her designee,  is  hereby
authorized  and directed to transfer moneys, in the first instance, from
the state university collection fund, Stony  Brook  hospital  collection
account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse  hospital collection account (61008) to the state university income
fund, state university hospitals income reimbursable account (22656)  in
the  event  insufficient  funds  are  available  in the state university
income fund, state  university  hospitals  income  reimbursable  account
(22656)  to  permit the full transfer of moneys authorized for transfer,
to the general fund for payment of debt  service  related  to  the  SUNY
hospitals.  Notwithstanding  any law to the contrary, the comptroller is
also hereby authorized and directed, after consultation with  the  state
university  chancellor  or  his or her designee, to transfer moneys from
the state university income fund to the state  university  income  fund,
state  university  hospitals  income reimbursable account (22656) in the
event insufficient funds are available in the  state  university  income
fund,  state university hospitals income reimbursable account (22656) to
pay hospital operating costs or to permit the full  transfer  of  moneys
authorized for transfer, to the general fund for payment of debt service
related to the SUNY hospitals on or before March 31, 2020.
  §  14.  Notwithstanding any law to the contrary, upon the direction of
the director of the budget and the chancellor of the state university of
New York or his or her designee, and in accordance with section 4 of the
state finance law, the comptroller is hereby authorized and directed  to
transfer  monies from the state university dormitory income fund (40350)
to the state university residence hall rehabilitation fund (30100),  and
from  the state university residence hall rehabilitation fund (30100) to
the state university dormitory income fund (40350), in an amount not  to
exceed $80 million from each fund.
  §  15. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer monies, upon request of  the  director  of  the
budget,  on  or  before March 31, 2020, from and to any of the following
accounts: the miscellaneous special revenue fund, patient income account
(21909), the miscellaneous special revenue fund, mental hygiene  program
fund  account  (21907),  the miscellaneous special revenue fund, federal
salary sharing account (22056), or the general fund in any  combination,
the aggregate of which shall not exceed $350 million.
  §  16. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized

S. 1505--A                         29                         A. 2005--A

and directed to transfer, at the request of the director of the  budget,
up  to $650 million from the unencumbered balance of any special revenue
fund or account, agency  fund  or  account,  internal  service  fund  or
account,  enterprise  fund  or account, or any combination of such funds
and accounts, to the general fund. The amounts transferred  pursuant  to
this authorization shall be in addition to any other transfers expressly
authorized  in  the  2019-20  budget. Transfers from federal funds, debt
service funds, capital projects funds, the community projects  fund,  or
funds  that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
1951 are not permitted pursuant to this authorization.
  §  17. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $100 million from any non-general fund or account, or combination
of funds and accounts, to the miscellaneous special revenue fund,  tech-
nology  financing  account  (22207),  the miscellaneous capital projects
fund, information technology capital financing account (32215),  or  the
centralized  technology  services  account  (55069),  for the purpose of
consolidating technology procurement and services.  The  amounts  trans-
ferred  to  the miscellaneous special revenue fund, technology financing
account (22207) pursuant to this authorization shall be equal to or less
than the amount of such monies intended to support information technolo-
gy costs which are attributable, according to a plan,  to  such  account
made in pursuance to an appropriation by law. Transfers to the technolo-
gy  financing  account shall be completed from amounts collected by non-
general funds or accounts pursuant to a fund deposit schedule or  perma-
nent  statute,  and  shall  be  transferred  to the technology financing
account pursuant to a  schedule  agreed  upon  by  the  affected  agency
commissioner.  Transfers  from  funds  that  would result in the loss of
eligibility for federal benefits or federal funds  pursuant  to  federal
law,  rule,  or  regulation as assented to in chapter 683 of the laws of
1938 and chapter 700 of the laws of 1951 are not permitted  pursuant  to
this authorization.
  §  18. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $400 million from any non-general fund or account, or combination
of funds and accounts, to the general fund for the  purpose  of  consol-
idating  technology  procurement  and  services. The amounts transferred
pursuant to this authorization shall be equal to or less than the amount
of such monies intended to support information  technology  costs  which
are attributable, according to a plan, to such account made in pursuance
to  an  appropriation  by  law.  Transfers  to the general fund shall be
completed from amounts collected by non-general funds or accounts pursu-
ant to a fund deposit schedule.  Transfers from funds that would  result
in  the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
pursuant to this authorization.
  §  19. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to transfer to the state treasury
to the credit of the general fund $20,000,000 for the state fiscal  year

S. 1505--A                         30                         A. 2005--A

commencing  April  1,  2019,  the  proceeds of which will be utilized to
support energy-related state activities.
  §  20. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and  development  authority
is  authorized  and  directed to make the following contributions to the
state treasury to the credit of the general fund on or before March  31,
2020:  (a)  $913,000; and (b) $23,000,000 from proceeds collected by the
authority from the auction or sale of carbon dioxide emission allowances
allocated by the department of environmental conservation.
  § 21. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
amended  by section 22 of part BBB of chapter 59 of the laws of 2018, is
amended to read as follows:
  5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four  hundred  eighty-
one  and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, and notwithstanding the provisions of chapter ninety-four of  the
laws  of  two  thousand  eleven,  or  any other provisions of law to the
contrary, during the fiscal year beginning  April  first,  two  thousand
[eighteen]  NINETEEN,  the  state  comptroller  is hereby authorized and
directed to deposit to the fund created pursuant to  this  section  from
amounts  collected  pursuant  to  article  twenty-two of the tax law and
pursuant to a schedule submitted by the director of the  budget,  up  to
[$2,458,909,000] $2,185,995,000, as may be certified in such schedule as
necessary  to  meet the purposes of such fund for the fiscal year begin-
ning April first, two thousand [eighteen] NINETEEN.
  § 22. Notwithstanding any law to  the  contrary,  the  comptroller  is
hereby authorized and directed to transfer, upon request of the director
of  the  budget, on or before March 31, 2020, the following amounts from
the following special revenue accounts  to  the  capital  projects  fund
(30000),  for  the  purposes  of reimbursement to such fund for expenses
related to the maintenance and preservation of state assets:
  1. $43,000 from the miscellaneous special revenue fund, administrative
program account (21982).
  2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
hospital account (22140).
  3. $366,000 from the miscellaneous special revenue fund, New York city
veterans' home account (22141).
  4. $513,000 from the miscellaneous  special  revenue  fund,  New  York
state home for veterans' and their dependents at oxford account (22142).
  5.  $159,000  from the miscellaneous special revenue fund, western New
York veterans' home account (22143).
  6. $323,000 from the miscellaneous  special  revenue  fund,  New  York
state for veterans in the lower-hudson valley account (22144).
  7.  $2,550,000  from  the  miscellaneous  special revenue fund, patron
services account (22163).
  8. $830,000 from the miscellaneous special revenue fund,  long  island
veterans' home account (22652).
  9.  $5,379,000  from  the  miscellaneous  special  revenue fund, state
university general income reimbursable account (22653).
  10. $112,556,000 from the miscellaneous special  revenue  fund,  state
university revenue offset account (22655).
  11.  $557,000  from  the  miscellaneous  special  revenue  fund, state
university of New York tuition reimbursement account (22659).
  12. $41,930,000 from the state university dormitory income fund, state
university dormitory income fund (40350).

S. 1505--A                         31                         A. 2005--A

  13. $1,000,000 from the miscellaneous special revenue fund, litigation
settlement and civil recovery account (22117).
  §  22-a.  Subdivision 4 of section 97-rrr of the state finance law, as
added by section 22-b of part XXX of chapter 59 of the laws of 2017,  is
amended to read as follows:
  4.  Any  amounts  disbursed  from such fund shall be excluded from the
calculation of annual spending growth in state  operating  funds  [until
June 30, 2019].
  §  23.  Notwithstanding  any  provision of law to the contrary, in the
event that federal  legislation,  federal  regulatory  actions,  federal
executive  actions  or  federal  judicial actions in federal fiscal year
2020 reduce federal financial participation in Medicaid funding  to  New
York  state  or its subdivisions by $850 million or more in state fiscal
years 2019-20 or 2020-21, the director of the  division  of  the  budget
shall  notify  the  temporary president of the senate and the speaker of
the assembly in writing that the federal actions  will  reduce  expected
funding  to  New  York state. The director of the division of the budget
shall prepare a plan that shall be submitted to the  legislature,  which
shall (a) specify the total amount of the reduction in federal financial
participation  in Medicaid, (b) itemize the specific programs and activ-
ities that will be  affected  by  the  reduction  in  federal  financial
participation  in  Medicaid, and (c) identify the general fund and state
special revenue fund appropriations and related disbursements that shall
be reduced, and in what program  areas,  provided,  however,  that  such
reductions  to appropriations and disbursements shall be applied equally
and proportionally to the programs affected by the reduction in  federal
financial  participation in Medicaid. Upon such submission, the legisla-
ture shall have 90 days after such submission to either prepare its  own
plan, which may be adopted by concurrent resolution passed by both hous-
es,  or  if after 90 days the legislature fails to adopt their own plan,
the reductions to the general fund and state special revenue fund appro-
priations and related disbursements identified in the  division  of  the
budget plan will go into effect automatically.
  §  24.  Notwithstanding  any  provision of law to the contrary, in the
event that federal  legislation,  federal  regulatory  actions,  federal
executive  actions  or  federal  judicial actions in federal fiscal year
2020 reduce federal financial participation  or  other  federal  aid  in
funding  to New York state that affects the state operating funds finan-
cial plan by $850 million or more  in  state  fiscal  years  2019-20  or
2020-21, exclusive of any cuts to Medicaid, the director of the division
of the budget shall notify the temporary president of the senate and the
speaker  of the assembly in writing that the federal actions will reduce
expected funding to New York state. The director of the division of  the
budget  shall prepare a plan that shall be submitted to the legislature,
which shall (a) specify the total amount of  the  reduction  in  federal
aid,  (b)  itemize  the  specific  programs  and activities that will be
affected by the federal reductions, exclusive of Medicaid, and (c) iden-
tify the general fund and state special revenue fund appropriations  and
related  disbursements that shall be reduced, and in what program areas,
provided, however, that such reductions to appropriations and  disburse-
ments shall be applied equally and proportionally. Upon such submission,
the  legislature  shall  have  90  days  after such submission to either
prepare its own plan, which may  be  adopted  by  concurrent  resolution
passed  by  both  houses,  or  if after 90 days the legislature fails to
adopt their own plan, the reductions  to  the  general  fund  and  state

S. 1505--A                         32                         A. 2005--A

special revenue fund appropriations and related disbursements identified
in the division of the budget plan will go into effect automatically.
  §  25.  The state finance law is amended by adding a new section 28 to
read as follows:
  § 28. REDUCTIONS TO ENACTED APPROPRIATIONS.   1.  NOTWITHSTANDING  ANY
OTHER PROVISION OF LAW TO THE CONTRARY, TO MAINTAIN A BALANCED BUDGET IN
THE  EVENT  THAT  THE  ANNUAL  ESTIMATE FOR TAX RECEIPTS FOR FISCAL YEAR
2019-20 IS REDUCED BY FIVE HUNDRED MILLION DOLLARS OR MORE  COMPARED  TO
THE ESTIMATE IN THE FISCAL YEAR 2019-20 EXECUTIVE BUDGET FINANCIAL PLAN,
THE  APPROPRIATIONS  AND RELATED CASH DISBURSEMENTS FOR ALL GENERAL FUND
AND STATE SPECIAL REVENUE FUND AID TO LOCALITIES APPROPRIATIONS SHALL BE
UNIFORMLY REDUCED BY THE PERCENTAGE SET FORTH IN  A  WRITTEN  ALLOCATION
PLAN PREPARED BY THE DIRECTOR OF THE BUDGET, PROVIDED, HOWEVER, THAT THE
UNIFORM PERCENTAGE REDUCTION SHALL NOT EXCEED THREE PERCENT. THE FOLLOW-
ING TYPES OF APPROPRIATIONS SHALL BE EXEMPT FROM UNIFORM REDUCTION:  (A)
PUBLIC ASSISTANCE PAYMENTS FOR FAMILIES AND INDIVIDUALS AND PAYMENTS FOR
ELIGIBLE AGED, BLIND AND DISABLED PERSONS RELATED TO SUPPLEMENTAL SOCIAL
SECURITY;  (B)  ANY  REDUCTIONS  THAT  WOULD  VIOLATE  FEDERAL  LAW; (C)
PAYMENTS OF DEBT SERVICE AND RELATED EXPENSES FOR  WHICH  THE  STATE  IS
CONSTITUTIONALLY OBLIGATED TO PAY DEBT SERVICE OR IS CONTRACTUALLY OBLI-
GATED  TO PAY DEBT SERVICE, SUBJECT TO AN APPROPRIATION, INCLUDING WHERE
THE STATE HAS A CONTINGENT  CONTRACTUAL  OBLIGATION;  (D)  PAYMENTS  THE
STATE  IS  OBLIGATED  TO MAKE PURSUANT TO COURT ORDERS OR JUDGMENTS; (E)
PAYMENTS FOR CUNY SENIOR COLLEGES; (F) SCHOOL AID; (G) MEDICAID; AND (H)
PAYMENTS FROM THE COMMUNITY PROJECTS FUND.
  2. REDUCTIONS UNDER  THIS  SECTION  SHALL  COMMENCE  WITHIN  TEN  DAYS
FOLLOWING  THE  PUBLICATION  OF A FINANCIAL PLAN REQUIRED UNDER SECTIONS
TWENTY-TWO OR TWENTY-THREE OF THIS ARTICLE STATING THAT THE ANNUAL ESTI-
MATE FOR TAX RECEIPTS FOR FISCAL YEAR 2019-20 IS REDUCED BY FIVE HUNDRED
MILLION DOLLARS OR MORE COMPARED TO THE  ESTIMATE  IN  THE  FISCAL  YEAR
2019-20  EXECUTIVE  BUDGET  FINANCIAL  PLAN.  SUCH  REDUCTIONS  SHALL BE
UNIFORMLY REDUCED IN ACCORDANCE WITH A WRITTEN ALLOCATION PLAN  PREPARED
BY THE DIRECTOR OF THE BUDGET, WHICH SHALL BE FILED WITH THE STATE COMP-
TROLLER,  THE  CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN
OF THE ASSEMBLY WAYS AND MEANS COMMITTEE. SUCH WRITTEN  ALLOCATION  PLAN
SHALL  INCLUDE A SUMMARY OF THE METHODOLOGY FOR CALCULATING THE PERCENT-
AGE REDUCTIONS TO THE PAYMENTS FROM NON-EXEMPT APPROPRIATIONS  AND  CASH
DISBURSEMENTS  AND THE REASONS FOR ANY EXEMPTIONS, AND A DETAILED SCHED-
ULE OF THE REDUCTIONS AND EXEMPTIONS. THE DIRECTOR OF THE  BUDGET  SHALL
PREPARE  APPROPRIATELY  REDUCED  CERTIFICATES, WHICH SHALL BE FILED WITH
THE STATE COMPTROLLER, THE CHAIR OF THE SENATE FINANCE COMMITTEE AND THE
CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
  3. ON MARCH THIRTY-FIRST, TWO THOUSAND TWENTY,  THE  DIRECTOR  OF  THE
BUDGET  SHALL CALCULATE THE DIFFERENCE, IF ANY, BETWEEN THE ANNUAL ESTI-
MATE IN TAX RECEIPTS CONTAINED IN THE FISCAL YEAR 2020 EXECUTIVE  BUDGET
FINANCIAL  PLAN  AND  ACTUAL TAX COLLECTIONS FOR FISCAL YEAR 2019-20. IF
ACTUAL TAX RECEIPTS FOR FISCAL YEAR 2019-20  WERE  NOT  LESS  THAN  FIVE
HUNDRED  MILLION  DOLLARS  BELOW  THE  ANNUAL  ESTIMATE  IN TAX RECEIPTS
CONTAINED IN THE EXECUTIVE BUDGET FINANCIAL PLAN FOR FISCAL  YEAR  2019-
20,  THEN  THE  AMOUNTS  WITHHELD UNDER THIS SECTION SHALL BE PAYABLE AS
SOON AS PRACTICABLE THEREAFTER IN THE FISCAL YEAR 2021-22.
  4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW,  RULE  OR  REGU-
LATION,  THE  EFFECTIVENESS  OF  THE PROVISIONS OF SECTIONS TWENTY-EIGHT
HUNDRED SEVEN AND THIRTY-SIX HUNDRED FOURTEEN OF THE PUBLIC HEALTH  LAW,
SECTION  EIGHTEEN OF CHAPTER TWO OF THE LAWS OF NINETEEN HUNDRED EIGHTY-
EIGHT, AND 18 NYCRR § 505.14(H), AS  THEY  RELATE  TO  TIME  FRAMES  FOR

S. 1505--A                         33                         A. 2005--A

NOTICE,  APPROVAL  OR  CERTIFICATION  OF  RATES  OF  PAYMENT, ARE HEREBY
SUSPENDED AND WITHOUT FORCE OR EFFECT FOR PURPOSES OF  IMPLEMENTING  THE
PROVISIONS OF THIS ACT.
  §  26.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the state comptroller is hereby authorized and directed to use
any balance remaining in the mental health services  fund  debt  service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the  New  York  state  medical  care  facilities finance agency, and the
facilities development corporation pursuant to chapter 83 of the laws of
1995 and the department of mental hygiene  for  the  purpose  of  making
payments  to  the  dormitory  authority of the state of New York for the
amount of the earnings for the investment of  monies  deposited  in  the
mental health services fund that such agency determines will or may have
to  be  rebated  to the federal government pursuant to the provisions of
the internal revenue code of 1986, as amended, in order to  enable  such
agency  to  maintain  the  exemption from federal income taxation on the
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. Annually on or before each  June  30th,  such
agency  shall  certify to the state comptroller its determination of the
amounts received in the mental health services fund as a result  of  the
investment  of  monies  deposited  therein  that  will or may have to be
rebated to the federal government pursuant  to  the  provisions  of  the
internal revenue code of 1986, as amended.
  §  27.  Subdivision 1 of section 47 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban  development  corpo-
ration  act,  as  amended by section 31 of part BBB of chapter 59 of the
laws of 2018, is amended to read as follows:
  1. Notwithstanding the provisions of any other law  to  the  contrary,
the  dormitory  authority  and  the corporation are hereby authorized to
issue bonds or notes in one or more series for the  purpose  of  funding
project costs for the office of information technology services, depart-
ment  of  law,  and  other  state  costs  associated  with  such capital
projects. The aggregate principal  amount  of  bonds  authorized  to  be
issued  pursuant  to  this  section shall not exceed [five hundred forty
million nine hundred fifty-four thousand] SIX HUNDRED SIXTY-TWO  MILLION
SIX  HUNDRED  FIFTY-FOUR  THOUSAND dollars, $662,654,000 excluding bonds
issued to fund one or more debt service reserve funds, to pay  costs  of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued. Such bonds and notes of the
dormitory  authority  and  the  corporation  shall  not be a debt of the
state, and the state shall not be liable  thereon,  nor  shall  they  be
payable  out  of any funds other than those appropriated by the state to
the dormitory authority and the corporation for principal, interest, and
related expenses pursuant to a service contract and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with  the  internal  revenue  code,  any  interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
  § 28. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of  1997,  relating  to  the  financing  of  the correctional facilities
improvement fund and the youth facility improvement fund, as amended  by
section  32 of part BBB of chapter 59 of the laws of 2018, is amended to
read as follows:

S. 1505--A                         34                         A. 2005--A

  1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby  authorized  to  issue  bonds,  notes and other obligations in an
aggregate  principal  amount  not  to  exceed  [eight billion eighty-two
million eight hundred ninety-nine thousand] EIGHT BILLION  FOUR  HUNDRED
NINETY-FOUR   MILLION   NINE   HUNDRED   SEVENTY-NINE  THOUSAND  dollars
[$8,082,899,000] $8,494,979,000, and shall include all bonds, notes  and
other  obligations issued pursuant to chapter 56 of the laws of 1983, as
amended or supplemented. The proceeds of  such  bonds,  notes  or  other
obligations  shall be paid to the state, for deposit in the correctional
facilities capital improvement fund to pay for all or any portion of the
amount or amounts paid by the state from appropriations  or  reappropri-
ations  made  to the department of corrections and community supervision
from the correctional facilities capital improvement  fund  for  capital
projects.  The  aggregate  amount  of  bonds, notes or other obligations
authorized to be issued pursuant to this section  shall  exclude  bonds,
notes  or  other  obligations issued to refund or otherwise repay bonds,
notes or other obligations theretofore issued,  the  proceeds  of  which
were  paid  to the state for all or a portion of the amounts expended by
the state from appropriations or reappropriations made to the department
of corrections and community supervision; provided, however,  that  upon
any  such refunding or repayment the total aggregate principal amount of
outstanding bonds, notes or other obligations may be greater than [eight
billion eighty-two million eight  hundred  ninety-nine  thousand]  EIGHT
BILLION FOUR HUNDRED NINETY-FOUR MILLION NINE HUNDRED SEVENTY-NINE THOU-
SAND  dollars [$8,082,899,000] $8,494,979,000, only if the present value
of the aggregate debt service of the refunding or repayment bonds, notes
or other obligations to be issued shall not exceed the present value  of
the  aggregate  debt service of the bonds, notes or other obligations so
to be refunded or repaid. For the purposes hereof, the present value  of
the aggregate debt service of the refunding or repayment bonds, notes or
other  obligations and of the aggregate debt service of the bonds, notes
or other obligations so refunded  or  repaid,  shall  be  calculated  by
utilizing  the  effective  interest  rate  of the refunding or repayment
bonds, notes or other obligations, which shall be that rate  arrived  at
by  doubling  the  semi-annual  interest rate (compounded semi-annually)
necessary to discount the debt service  payments  on  the  refunding  or
repayment bonds, notes or other obligations from the payment dates ther-
eof  to  the date of issue of the refunding or repayment bonds, notes or
other obligations and to  the  price  bid  including  estimated  accrued
interest  or  proceeds  received  by the corporation including estimated
accrued interest from the sale thereof.
  § 29. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
housing  finance law, as amended by section 33 of part BBB of chapter 59
of the laws of 2018, is amended to read as follows:
  (a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage  the  promotion  of  housing
programs  and thereby achieve the stated purposes and objectives of such
housing programs, the agency shall have the power and is hereby  author-
ized  from  time  to  time to issue negotiable housing program bonds and
notes in such principal amount as shall be necessary to  provide  suffi-
cient  funds  for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making  capital  appropri-
ations  or  reappropriations  for  the  purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in  an

S. 1505--A                         35                         A. 2005--A

aggregate  principal  amount  not exceeding [$5,981,399,000 five billion
nine hundred eighty-one million three hundred ninety-nine thousand]  SIX
BILLION ONE HUNDRED SEVENTY-EIGHT MILLION FIVE HUNDRED NINETY-NINE THOU-
SAND  dollars $6,178,599,000, plus a principal amount of bonds issued to
fund the debt service reserve fund in accordance with the  debt  service
reserve fund requirement established by the agency and to fund any other
reserves  that the agency reasonably deems necessary for the security or
marketability of such bonds and to provide for the payment of  fees  and
other  charges  and  expenses, including underwriters' discount, trustee
and rating agency fees, bond insurance, credit enhancement and liquidity
enhancement related to the issuance of such bonds and notes. No  reserve
fund securing the housing program bonds shall be entitled or eligible to
receive  state  funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the  extent  of
any  deficiency  resulting  directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
  § 30. Subdivision (b) of section 11 of chapter  329  of  the  laws  of
1991,  amending  the  state  finance  law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 34 of part BBB of chapter 59 of the laws of 2018, is  amended
to read as follows:
  (b) Any service contract or contracts for projects authorized pursuant
to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide  for  state  commitments  to  provide
annually  to  the  thruway  authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to  fund  or  to  reimburse  the
state  for  funding  such  projects  having  a  cost  not  in  excess of
[$10,251,939,000] TEN BILLION SEVEN  HUNDRED  THIRTY-NINE  MILLION  FOUR
HUNDRED  SEVENTY-EIGHT  THOUSAND DOLLARS $10,739,478,000 cumulatively by
the end of fiscal year [2018-19] 2019-20.
  § 31. Subdivision 1 of section 1689-i of the public  authorities  law,
as  amended by section 35 of part BBB of chapter 59 of the laws of 2018,
is amended to read as follows:
  1. The dormitory authority  is  authorized  to  issue  bonds,  at  the
request  of  the  commissioner of education, to finance eligible library
construction projects pursuant to section two hundred seventy-three-a of
the education law, in amounts certified  by  such  commissioner  not  to
exceed  a  total principal amount of [two hundred seventeen million] TWO
HUNDRED THIRTY-ONE MILLION dollars $231,000,000.
  § 32. Subdivision (a) of section 27 of part Y of  chapter  61  of  the
laws  of  2005,  relating to providing for the administration of certain
funds and accounts related  to  the  2005-2006  budget,  as  amended  by
section  36 of part BBB of chapter 59 of the laws of 2018, is amended to
read as follows:
  (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
notwithstanding  any provisions of law to the contrary, the urban devel-
opment corporation is hereby authorized to issue bonds or notes  in  one
or   more  series  in  an  aggregate  principal  amount  not  to  exceed
[$220,100,000 two hundred  twenty  million  one  hundred  thousand]  TWO
HUNDRED  SEVENTY-ONE  MILLION SIX HUNDRED THOUSAND dollars $271,600,000,
excluding bonds issued to finance  one  or  more  debt  service  reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued

S. 1505--A                         36                         A. 2005--A

to  refund or otherwise repay such bonds or notes previously issued, for
the purpose of financing capital projects including IT  initiatives  for
the  division of state police, debt service and leases; and to reimburse
the  state  general fund for disbursements made therefor. Such bonds and
notes of such authorized issuer shall not be a debt of  the  state,  and
the  state shall not be liable thereon, nor shall they be payable out of
any funds other than those appropriated by the state to such  authorized
issuer  for  debt  service  and related expenses pursuant to any service
contract executed pursuant to subdivision (b) of this section  and  such
bonds  and  notes  shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be  used  to  pay
debt service on such bonds.
  §  33.  Section  44  of  section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development  corporation  act,  as
amended by section 37 of part BBB of chapter 59 of the laws  of 2018, is
amended to read as follows:
  §  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and
the corporation are hereby authorized to issue bonds or notes in one  or
more  series  for  the purpose of funding project costs for the regional
economic development council  initiative,  the  economic  transformation
program,  state university of New York college for nanoscale and science
engineering, projects within the city of Buffalo  or  surrounding  envi-
rons,  the  New  York  works economic development fund, projects for the
retention of professional football in western New York, the empire state
economic development fund, the  clarkson-trudeau  partnership,  the  New
York  genome  center, the cornell university college of veterinary medi-
cine, the olympic  regional  development  authority,  projects  at  nano
Utica,  onondaga  county  revitalization projects, Binghamton university
school of pharmacy, New York power electronics manufacturing consortium,
regional infrastructure projects,  high  tech  innovation  and  economic
development   infrastructure   program,  high  technology  manufacturing
projects in Chautauqua and Erie county, an industrial scale research and
development facility in Clinton county,  upstate  revitalization  initi-
ative  projects,  downstate  revitalization  initiative, market New York
projects, fairground buildings, equipment or facilities  used  to  house
and  promote  agriculture,  the  state fair, the empire state trail, the
moynihan station development project, the  Kingsbridge  armory  project,
strategic  economic  development projects, the cultural, arts and public
spaces fund, water infrastructure in the city  of  Auburn  and  town  of
Owasco,  a  life  sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural  facili-
ties  improvement  program,  restore  New York's communities initiative,
heavy  equipment,  economic  development  and  infrastructure  projects,
Roosevelt Island operating corporation capital projects, and other state
costs  associated  with such projects. The aggregate principal amount of
bonds authorized to be issued pursuant to this section shall not  exceed
[eight  billion three hundred million five hundred ninety thousand] NINE
BILLION THREE  HUNDRED  ONE  MILLION  SIX  HUNDRED  THIRTY-SIX  THOUSAND
dollars  $9,301,636,000, excluding bonds issued to fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes  previ-
ously  issued.  Such  bonds and notes of the dormitory authority and the
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any  funds  other  than

S. 1505--A                         37                         A. 2005--A

those  appropriated  by  the  state  to  the dormitory authority and the
corporation for principal, interest, and related expenses pursuant to  a
service  contract  and  such  bonds  and notes shall contain on the face
thereof  a  statement  to  such effect. Except for purposes of complying
with the internal revenue code,  any  interest  income  earned  on  bond
proceeds shall only be used to pay debt service on such bonds.
  2.  Notwithstanding  any  other  provision  of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional  economic  develop-
ment  council  initiative,  the  economic  transformation program, state
university of New York college for nanoscale  and  science  engineering,
projects  within  the  city  of Buffalo or surrounding environs, the New
York works economic development fund,  projects  for  the  retention  of
professional  football  in  western  New York, the empire state economic
development fund, the clarkson-trudeau partnership, the New York  genome
center, the cornell university college of veterinary medicine, the olym-
pic  regional  development  authority,  projects at nano Utica, onondaga
county revitalization projects, Binghamton university school of  pharma-
cy,  New  York  power  electronics  manufacturing  consortium,  regional
infrastructure projects, New York State Capital Assistance  Program  for
Transportation,  infrastructure,  and  economic  development,  high tech
innovation and economic development infrastructure program,  high  tech-
nology  manufacturing  projects in Chautauqua and Erie county, an indus-
trial scale research and development facility in Clinton county, upstate
revitalization initiative projects, downstate revitalization initiative,
market New York projects, fairground buildings, equipment or  facilities
used  to house and promote agriculture, the state fair, the empire state
trail, the moynihan station development project, the Kingsbridge  armory
project, strategic economic development projects, the cultural, arts and
public  spaces fund, water infrastructure in the city of Auburn and town
of Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural  facili-
ties  improvement  program,  restore  New York's communities initiative,
heavy  equipment,  economic  development  and  infrastructure  projects,
Roosevelt Island operating corporation capital projects, and other state
costs associated with such projects the director of the budget is hereby
authorized to enter into one or more service contracts with the dormito-
ry  authority  and  the  corporation,  none of which shall exceed thirty
years in duration, upon such terms and conditions as the director of the
budget and the dormitory authority and the corporation agree, so  as  to
annually  provide to the dormitory authority and the corporation, in the
aggregate, a sum not to exceed  the  principal,  interest,  and  related
expenses required for such bonds and notes. Any service contract entered
into  pursuant  to this section shall provide that the obligation of the
state to pay the amount therein provided shall not constitute a debt  of
the  state  within  the  meaning  of  any  constitutional  or  statutory
provision and shall be deemed executory only to  the  extent  of  monies
available  and  that  no liability shall be incurred by the state beyond
the monies available for such purpose, subject to  annual  appropriation
by the legislature. Any such contract or any payments made or to be made
thereunder  may  be  assigned and pledged by the dormitory authority and
the corporation as security for its bonds and notes,  as  authorized  by
this section.
  § 34. Subdivision (a) of section 1 of part X of chapter 59 of the laws
of  2004,  authorizing  the New York state urban development corporation
and the dormitory authority of the state of New York to issue  bonds  or

S. 1505--A                         38                         A. 2005--A

notes,  as amended by section 37-a of part BBB of chapter 59 of the laws
of 2018, is amended to read as follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provision of law to the contrary, the New York
State urban development corporation and the dormitory authority  of  the
state  of  New York are hereby authorized to issue bonds or notes in one
or  more  series  in  an  aggregate  principal  amount  not  to   exceed
[$293,325,000] TWO HUNDRED FORTY-THREE MILLION THREE HUNDRED TWENTY-FIVE
THOUSAND  DOLLARS $243,325,000, excluding bonds issued to finance one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise  repay  such  bonds  or
notes  previously  issued, for the purpose of financing projects cost of
the Empire Opportunity Fund; Rebuilding the Empire State Through  Oppor-
tunities  in  Regional  Economies  (RESTORE)  New  York Program; and the
Community Capital Assistance Program authorized pursuant to  Part  T  of
chapter  84 of the laws of 2002. Such bonds and notes of the corporation
or the dormitory authority shall not be a debt of  the  state,  and  the
state  shall not be liable thereon, nor shall they be payable out of any
funds other than those appropriated by the state to the  corporation  or
the  dormitory  authority for debt service and related expenses pursuant
to any service contract executed pursuant to  subdivision  (b)  of  this
section  and  such  bonds  and notes shall contain on the face thereof a
statement to such effect.   Except for purposes of  complying  with  the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds. All of the provisions of
the  New  York state urban development corporation act and the dormitory
authority act relating to bonds and notes  which  are  not  inconsistent
with  the  provisions of this section shall apply to obligations author-
ized by this section, including but not limited to the power  to  estab-
lish  adequate reserves therefor and to issue renewal notes or refunding
bonds thereof. The issuance  of  any  bonds  or  notes  hereunder  shall
further  be  subject  to the approval of the director of the division of
the budget.
  § 35. Subdivision 3 of section 1285-p of the public  authorities  law,
as  amended by section 38 of part BBB of chapter 59 of the laws of 2018,
is amended to read as follows:
  3. The maximum amount of bonds that may be issued for the  purpose  of
financing  environmental  infrastructure  projects  authorized  by  this
section shall be [five  billion  one  hundred  forty-seven  million  two
hundred  sixty thousand] FIVE BILLION THREE HUNDRED EIGHTY-EIGHT MILLION
TEN THOUSAND dollars $5,388,010,000, exclusive of bonds issued  to  fund
any debt service reserve funds, pay costs of issuance of such bonds, and
bonds or notes issued to refund or otherwise repay bonds or notes previ-
ously  issued.  Such  bonds  and notes of the corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor  shall
they  be  payable  out of any funds other than those appropriated by the
state to the corporation for debt service and related expenses  pursuant
to  any  service  contracts executed pursuant to subdivision one of this
section, and such bonds and notes shall contain on the  face  thereof  a
statement to such effect.
  §  36.    Subdivision (a) of section 48 of part K of chapter 81 of the
laws of 2002, relating to providing for the  administration  of  certain
funds  and  accounts  related  to  the  2002-2003  budget, as amended by
section 40 of part BBB of chapter 59 of the laws of 2018, is amended  to
read as follows:

S. 1505--A                         39                         A. 2005--A

  (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
notwithstanding the provisions of section 18 of  the  urban  development
corporation  act, the corporation is hereby authorized to issue bonds or
notes in one or more series in an  aggregate  principal  amount  not  to
exceed [$253,000,000 two-hundred fifty-three million] TWO HUNDRED EIGHT-
Y-SIX  MILLION  dollars $286,000,000, excluding bonds issued to fund one
or more debt service reserve funds, to pay costs  of  issuance  of  such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or  notes  previously issued, for the purpose of financing capital costs
related to homeland security and training facilities for the division of
state police, the division of military and naval affairs, and any  other
state agency, including the reimbursement of any disbursements made from
the state capital projects fund, and is hereby authorized to issue bonds
or  notes  in one or more series in an aggregate principal amount not to
exceed [$748,800,000, seven hundred forty-eight  million  eight  hundred
thousand]  $952,800,000  NINE  HUNDRED  FIFTY-TWO  MILLION EIGHT HUNDRED
THOUSAND dollars, excluding bonds  issued  to  fund  one  or  more  debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or  notes issued to refund or otherwise repay such bonds or notes previ-
ously issued, for the purpose of financing improvements to State  office
buildings   and   other  facilities  located  statewide,  including  the
reimbursement of any disbursements made from the state capital  projects
fund. Such bonds and notes of the corporation shall not be a debt of the
state,  and  the  state  shall  not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the  state  to
the  corporation  for  debt service and related expenses pursuant to any
service contracts executed pursuant to subdivision (b) of this  section,
and  such  bonds and notes shall contain on the face thereof a statement
to such effect.
  § 37. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 41 of part BBB of chapter 59 of the laws of 2018,  is
amended to read as follows:
  1.  Notwithstanding  any  other  provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series  for
the  purpose  of  financing  peace  bridge projects and capital costs of
state and local highways, parkways, bridges, the New York state thruway,
Indian reservation r