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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jan 05, 2022 |
referred to codes |
| Feb 16, 2021 |
referred to codes |
Assembly Bill A5441
2021-2022 Legislative Session
Relates to recognizance procedures and bail reform; repealer
download bill text pdfSponsored By
QUART
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Nily Rozic
Jo Anne Simon
Charles Barron
Ron Kim
Alicia Hyndman
Rebecca Seawright
Vivian Cook
Deborah Glick
Pamela J. Hunter
Al Taylor
Charles Lavine
Robert J. Rodriguez
Inez E. Dickens
Erik Dilan
Robert C. Carroll
Clyde Vanel
Michael Benedetto
Crystal Peoples-Stokes
David Weprin
Andrew Hevesi
Carmen De La Rosa
J. Gary Pretlow
Thomas Abinanti
Rodneyse Bichotte Hermelyn
Stacey Pheffer Amato
Latoya Joyner
Yuh-Line Niou
Steven Englebright
Latrice Walker
Steven Otis
Sandy Galef
Richard Gottfried
Linda Rosenthal
Emily Gallagher
Karines Reyes
Daniel O'Donnell
Chantel Jackson
Harvey Epstein
Khaleel Anderson
Jessica Gonzalez-Rojas
multi-Sponsors
Donna Lupardo
2021-A5441 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Rpld §500.10 subs 8 - 19, Arts 520 & 540, §§530.80, 570.38 & 570.42, §420.10 sub 1 ¶(e), amd CP L, generally; rpld §71 subs 1-a & 4, §72 subs 1-a & 1-b, §74-a, amd §§70, 70-a, 72, 73, 74, 80, 81, 83 & 84, Gen Bus L; rpld §1107 sub§ (a), Art 68, amd §1107, Ins L; rpld §212 sub 2 ¶(j), §753 sub A ¶2, amd §§481 & 798, Judy L; rpld §§215.55, 215.56 & 215.57, Pen L
2021-A5441 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5441
2021-2022 Regular Sessions
I N A S S E M B L Y
February 16, 2021
___________
Introduced by M. of A. QUART, ROZIC, SIMON, BARRON, KIM, HYNDMAN,
SEAWRIGHT, COOK, GLICK, HUNTER, TAYLOR, LAVINE, RODRIGUEZ, DICKENS,
DILAN, STIRPE, CARROLL, VANEL, BENEDETTO, PEOPLES-STOKES, WEPRIN,
HEVESI, DE LA ROSA, PRETLOW, ABINANTI, BICHOTTE HERMELYN,
PHEFFER AMATO, JOYNER, NIOU, ENGLEBRIGHT, WALKER, OTIS, GALEF, GOTT-
FRIED, L. ROSENTHAL -- Multi-Sponsored by -- M. of A. EPSTEIN, LUPARDO
-- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, the general business law,
the insurance law and the judiciary law, in relation to recognizance
procedures and bail reform; and to repeal certain provisions of such
laws and of the penal law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The purpose of this legislation is to
reform the process by which courts in the state of New York evaluate
applications by criminal defendants who seek release on their own recog-
nizance. New York's current bail statute has been applied in a manner
that has led to unsatisfactory levels of pre-trial detention. The
purpose of this legislation is to ensure decarceration and release of
criminal cases by applying a rebuttable presumption of recognizance.
Courts in New York must consider only admissible evidence at recogni-
zance hearings and must apply the least restrictive measures to ensure
an individual's return to court.
§ 2. The title heading of title P of the criminal procedure law is
amended to read as follows:
PROCEDURES FOR SECURING ATTENDANCE
AT CRIMINAL ACTIONS AND PROCEEDINGS
OF DEFENDANTS AND WITNESSES UNDER
CONTROL OF COURT--RECOGNIZANCE[,
BAIL] AND COMMITMENT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07046-02-1
A. 5441 2
§ 3. The article heading of article 500 of the criminal procedure law
is amended to read as follows:
RECOGNIZANCE[, BAIL] AND
COMMITMENT--DEFINITIONS OF TERMS
§ 4. Subdivisions 3, 6 and 7 of section 500.10 of the criminal proce-
dure law, subdivisions 6 and 7 as amended by section 1-e of part JJJ of
chapter 59 of the laws of 2019, are amended to read as follows:
3. ["Fix bail." A court fixes bail when, having acquired control over
the person of a principal, it designates a sum of money and stipulates
that, if bail in such amount is posted on behalf of the principal and
approved, it will permit him to be at liberty during the pendency of the
criminal action or proceeding involved.] "RECOGNIZANCE HEARING." A HEAR-
ING BEFORE THE COURT WHERE THE PRINCIPAL APPEARS FOR THE PURPOSES OF THE
COURT CONSIDERING RECOGNIZANCE OR COMMITTING THE PRINCIPAL TO THE CUSTO-
DY OF THE SHERIFF.
6. "Order of recognizance [or bail]" means a securing order releasing
a principal on the principal's own recognizance or under non-monetary
conditions [or, where authorized, fixing bail].
7. "Application for recognizance [or bail]" means an application by a
principal [that] TO the court[, instead of committing the principal to
or retaining the principal in] THAT THE PRINCIPAL BE RELEASED INSTEAD OF
COMMITTED TO the custody of the sheriff[, either release the principal
on the principal's own recognizance, release under non-monetary condi-
tions, or, where authorized, fix bail].
§ 5. Subdivisions 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 of
section 500.10 of the criminal procedure law are REPEALED and subdivi-
sions 20, 21 and 22 are renumbered subdivisions 8, 9 and 10.
§ 6. The article heading of article 510 of the criminal procedure law
is amended to read as follows:
RECOGNIZANCE[, BAIL] AND COMMITMENT--
DETERMINATION OF APPLICATION FOR RECOGNIZANCE
[OR BAIL], ISSUANCE OF SECURING ORDERS, AND
RELATED MATTERS
§ 7. Subdivision 1 of section 510.10 of the criminal procedure law, as
amended by section 2 of part JJJ of chapter 59 of the laws of 2019, is
amended to read as follows:
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 shall, in accordance with this title, by
a securing order EITHER release the principal on the principal's own
recognizance, release the principal under non-monetary conditions, or,
where authorized[, fix bail or] commit the principal to the custody of
the sheriff. In all such cases, except where another type of securing
order is shown to be required by law, the court shall release the prin-
cipal pending trial on the principal's own recognizance, unless it is
demonstrated and the court makes an individualized determination that
the principal poses a risk of flight to avoid prosecution. If such a
finding is made, the court must select the least restrictive alternative
and condition or conditions that will reasonably assure the principal's
return to court. The court shall explain its choice of release, release
with conditions[, bail] or remand on the record or in writing.
§ 8. The opening paragraph and paragraph (t) of subdivision 4 of
section 510.10 of the criminal procedure law, the opening paragraph as
amended and paragraph (t) as added by section 2 of part UU of chapter 56
of the laws of 2020, are amended to read as follows:
A. 5441 3
Where the principal stands charged with a qualifying offense, the
court, unless otherwise prohibited by law, may in its discretion release
the principal pending trial on the principal's own recognizance or under
non-monetary conditions[, fix bail,] or, where the defendant is charged
with a qualifying offense which is a felony, the court may commit the
principal to the custody of the sheriff. A principal stands charged with
a qualifying offense for the purposes of this subdivision when he or she
stands charged with:
(t) any felony or class A misdemeanor involving harm to an identifi-
able person [or property], where such charge arose from conduct occur-
ring while the defendant was released on [his or her] THE DEFENDANT'S
own recognizance or released under conditions for a separate felony or
class A misdemeanor involving harm to an identifiable person [or proper-
ty], provided, however, that the prosecutor must show reasonable cause
to believe that the defendant committed the instant crime and any under-
lying crime. [For the purposes of this subparagraph, any of the underly-
ing crimes need not be a qualifying offense as defined in this subdivi-
sion.]
§ 9. Section 510.10 of the criminal procedure law is amended to add a
new subdivision 7 to read as follows:
7. THE COURT SHALL INFORM THE PRINCIPAL THAT THE CONDITIONS OF THE
SECURING ORDER ARE SUBJECT TO MODIFICATION CONSISTENT WITH THE
PROVISIONS OF SECTION 510.25 OF THIS ARTICLE.
§ 10. Section 510.20 of the criminal procedure law, as amended by
section 3 of part JJJ of chapter 59 of the laws of 2019, is amended to
read as follows:
§ 510.20 Application for a change in securing order.
1. Upon any occasion when a court has issued a securing order with
respect to a principal and the principal is confined in the custody of
the sheriff as a result of the securing order or a previously issued
securing order, the principal may make an application for recognizance,
release under non-monetary conditions [or bail].
2. (a) The principal is entitled to representation by counsel in the
making and presentation of such application. If the principal is finan-
cially unable to obtain counsel, counsel shall be assigned to the prin-
cipal.
(b) Upon such application, the principal must be accorded an opportu-
nity to be heard, present evidence and to contend that an order of
recognizance[,] OR release under non-monetary conditions [or, where
authorized, bail must or should issue, that the court should release the
principal on the principal's own recognizance or under non-monetary
conditions rather than fix bail, and that if bail is authorized and
fixed it should be in a suggested amount and form] BE ISSUED.
3. THE COURT SHALL MAKE A PRE-TRIAL RELEASE DECISION FOR THE PRINCIPAL
WITHOUT UNNECESSARY DELAY, BUT IN NO CASE LATER THAN FORTY-EIGHT HOURS
AFTER THE PRINCIPAL'S INITIAL COMMITMENT TO JAIL.
§ 11. The criminal procedure law is amended by adding three new
sections 510.25, 510.26 and 510.27 to read as follows:
§ 510.25 PROSECUTOR; MOTION.
THE PROSECUTOR MAY FILE WITH THE COURT AT ANY TIME, INCLUDING AT ANY
TIME BEFORE OR AFTER THE PRINCIPAL'S RELEASE FROM CUSTODY, A MOTION
SEEKING THE PRE-TRIAL DETENTION OF THE PRINCIPAL FOR WHICH THE PROSECU-
TOR SHALL PRESENT EVIDENCE TO THE COURT DEMONSTRATING THAT:
1. THE PRINCIPAL WILL NOT APPEAR IN COURT AS REQUIRED; OR
2. THE PRINCIPAL WILL OBSTRUCT OR ATTEMPT TO OBSTRUCT JUSTICE OR THE
CRIMINAL PROCESS; OR
A. 5441 4
3. THE PRINCIPAL WOULD THREATEN, INJURE OR INTIMIDATE A PROSPECTIVE
WITNESS OR JUROR.
§ 510.26 PROSECUTOR; MOTION; EVIDENTIARY STANDARD.
A MOTION TO THE COURT SEEKING PRE-TRIAL DETENTION PURSUANT TO SECTION
510.25 OF THIS ARTICLE SHALL SET FORTH ADMISSIBLE EVIDENCE AS DEFINED BY
THIS CHAPTER. THERE SHALL BE A REBUTTABLE PRESUMPTION THAT THE PRINCIPAL
BE DETAINED PENDING TRIAL IF THE COURT, UPON CONSIDERATION OF THE ADMIS-
SIBLE EVIDENCE, DETERMINES BY A PREPONDERANCE OF THE EVIDENCE THAT:
1. NONE OF THE PRE-TRIAL SUPERVISION SERVICES AVAILABLE WOULD ENSURE
THE PRINCIPAL'S APPEARANCE IN COURT WHEN REQUIRED; OR
2. THE PRINCIPAL WOULD INJURE OR INTIMIDATE A PROSPECTIVE WITNESS OR
JUROR IF RELEASED ON THE PRINCIPAL'S OWN RECOGNIZANCE.
§ 510.27 MOTION FOR REHEARING; SECURING ORDER.
1. THE PARTIES, AFTER A DETERMINATION BY THE COURT AT A RECOGNIZANCE
HEARING, AT ANY TIME BEFORE TRIAL, MAY SUBMIT A MOTION TO THE COURT
SEEKING TO VACATE OR MODIFY THE SECURING ORDER. A MOTION SEEKING TO
VACATE OR MODIFY A SECURING ORDER SHALL INCLUDE ADMISSIBLE EVIDENCE
SHOWING A CHANGE OF CIRCUMSTANCES WITH RESPECT TO THE CONDITIONS SET
FORTH IN SECTION 510.25 OF THIS ARTICLE.
2. THE COURT SHALL DETERMINE BY A PREPONDERANCE OF THE EVIDENCE
PRESENTED WHETHER THE SECURING ORDER SHOULD BE VACATED OR MODIFIED.
3. THE COURT SHALL REOPEN A RECOGNIZANCE HEARING UPON ITS OWN APPLICA-
TION, AT ANY TIME BEFORE TRIAL, IF THE COURT FINDS THAT INFORMATION
EXISTS THAT WAS NOT KNOWN TO THE PROSECUTOR OR PRINCIPAL AT THE TIME OF
THE RECOGNIZANCE HEARING THAT HAS A MATERIAL BEARING ON THE CONDITIONS
SET FORTH IN SECTION 510.25 OF THIS ARTICLE. THE COURT SHALL MAKE THIS
INFORMATION KNOWN TO THE PROSECUTOR AND PRINCIPAL PRIOR TO THE RECOGNI-
ZANCE HEARING.
§ 12. Subdivision 1 of section 510.30 of the criminal procedure law,
as amended by section 5 of part JJJ of chapter 59 of the laws of 2019,
is amended to read as follows:
1. With respect to any principal, the court in all cases, unless
otherwise provided by law, must impose the least restrictive kind and
degree of control or restriction that is necessary to secure the princi-
pal's return to court when required. In determining that matter, the
court must, on the basis of available information, consider and take
into account information about the principal that is relevant to the
principal's return to court, including:
(a) The principal's activities and history;
(b) If the principal is a defendant, the charges facing the principal;
(c) The principal's criminal conviction record if any;
(d) [The principal's record of previous adjudication as a juvenile
delinquent, as retained pursuant to section 354.2 of the family court
act, or, of pending cases where fingerprints are retained pursuant to
section 306.1 of such act, or a youthful offender, if any;
(e)] The principal's previous record with respect to flight to avoid
criminal prosecution;
[(f) If monetary bail is authorized, according to the restrictions set
forth in this title, the principal's individual financial circumstances,
and, in cases where bail is authorized, the principal's ability to post
bail without posing undue hardship, as well as his or her ability to
obtain a secured, unsecured, or partially secured bond;
(g)] (E) Where the principal is charged with a crime or crimes against
a member or members of the same family or household as that term is
defined in subdivision one of section 530.11 of this title, the follow-
ing factors:
A. 5441 5
(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
(ii) the principal's history of use or possession of a firearm; and
[(h)] (F) If the principal is a defendant, in the case of an applica-
tion for a securing order pending appeal, the merit or lack of merit of
the appeal.
§ 13. Section 510.40 of the criminal procedure law, as amended by
section 6 of part JJJ of chapter 59 of the laws of 2019, paragraph (c)
of subdivision 4 as amended by section 7 of part UU of chapter 56 of the
laws of 2020, is amended to read as follows:
§ 510.40 Court notification to principal of conditions of release and of
alleged violations of conditions of release.
1. Upon ordering that a principal be released on the principal's own
recognizance, or released under non-monetary conditions, [or, if bail
has been fixed, upon the posting of bail,] the court must direct the
principal to appear in the criminal action or proceeding involved when-
ever the principal's attendance may be required and to be at all times
amenable to the orders and processes of the court. If such principal is
in the custody of the sheriff [or at liberty upon bail] at the time of
the order, the court must direct that the principal be discharged from
such custody [or, as the case may be, that the principal's bail be exon-
erated].
2. [Upon the issuance of an order fixing bail, where authorized, 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 author-
izes disapproval thereof, approve the bail and must issue a certificate
of release, authorizing the principal to be at liberty, and, if the
principal is in the custody of the sheriff at the time, directing the
sheriff to discharge the principal 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. In the event
of any such non-approval, the court shall explain promptly in writing
the reasons therefor.
3.] Non-monetary conditions of release shall be individualized and
established in writing by the court. At future court appearances, the
court shall consider a lessening of conditions or modification of condi-
tions to a less burdensome form based on the principal's compliance with
such conditions of release. In the event of alleged non-compliance with
the conditions of release in an important respect, pursuant to this
subdivision, additional conditions may be imposed by the court, on the
record or in writing, only after notice of the facts and circumstances
of such alleged non-compliance, reasonable under the circumstances,
affording the principal and the principal's attorney and the people an
opportunity to present relevant, admissible evidence, relevant witnesses
and to cross-examine witnesses, and a finding by clear and convincing
evidence that the principal violated a condition of release in an impor-
tant respect. Following such a finding, in determining whether to impose
additional conditions for non-compliance, the court shall consider and
may select conditions consistent with the court's obligation to impose
the least restrictive condition or conditions that will reasonably
assure the defendant's return to court. The court shall explain on the
A. 5441 6
record or in writing the reasons for its determination and for any
changes to the conditions imposed.
[4.] 3. (a) Electronic monitoring of a principal's location may be
ordered only if the court finds, after notice, an opportunity to be
heard and an individualized determination explained on the record or in
writing, that the defendant qualifies for electronic monitoring in
accordance with subdivision twenty-one of section 500.10 of this title,
and no other realistic non-monetary condition or set of non-monetary
conditions will suffice to reasonably assure a principal'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
procedure and method that will reasonably assure the principal's return
to court, and unobtrusive to the greatest extent practicable.
(c) Electronic monitoring of the location of a principal may be
conducted only by a public entity under the supervision and control of a
county or municipality or a non-profit entity under contract to the
county, municipality or the state. A county or municipality shall be
authorized to enter into a contract with another county or municipality
in the state to monitor principals under non-monetary conditions of
release in its county, but counties, municipalities and the state shall
not contract with any private for-profit entity for such purposes.
Counties, municipalities and the state may contract with a private for-
profit entity to supply electronic monitoring devices or other items,
provided that any interaction with persons under electronic monitoring
or the data produced by such monitoring shall be conducted solely by
employees of a county, municipality, the state, or a non-profit entity
under contract with such county, municipality or the state.
(d) Electronic monitoring of a principal's location may be for a maxi-
mum period of sixty days, and may be renewed for such period, after
notice, an opportunity to be heard and a de novo, individualized deter-
mination in accordance with this subdivision, which shall be explained
on the record or in writing.
A defendant subject to electronic location monitoring under this
subdivision shall be considered held or confined in custody for purposes
of section 180.80 of this chapter and shall be considered committed to
the custody of the sheriff for purposes of section 170.70 of the chap-
ter, as applicable.
[5.] 4. If a principal is released under non-monetary conditions, the
court shall, on the record and in an individualized written document
provided to the principal, notify the principal, in plain language and a
manner sufficiently clear and specific:
(a) of any conditions to which the principal is subject, to serve as a
guide for the principal's conduct; and
(b) that the possible consequences for violation of such a condition
may include revocation of the securing order and the ordering of a more
restrictive securing order.
§ 14. Subdivision 1 of section 510.50 of the criminal procedure law,
as amended by section 9 of part JJJ of chapter 59 of the laws of 2019,
is amended to read as follows:
1. When the attendance of a principal confined in the custody of the
sheriff is required at the criminal action or proceeding at a particular
time and place, the court may compel such attendance by directing the
sheriff to produce the principal at such time and place. If the princi-
pal is at liberty on the principal's own recognizance or non-monetary
conditions [or on bail], the principal's attendance may be achieved or
A. 5441 7
compelled by various methods, including notification and the issuance of
a bench warrant, prescribed by law in provisions governing such matters
with respect to the particular kind of action or proceeding involved.
§ 15. The criminal procedure law is amended by adding a new section
510.60 to read as follows:
§ 510.60 STATISTICAL REPORTS.
THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL COMPILE AND PUBLISH
DATA ON THE DISPOSITION OF ALL RECOGNIZANCE HEARINGS IN ALL COURTS,
DISAGGREGATED BY COUNTY AND INCLUDING THE FOLLOWING INFORMATION:
1. THE AGGREGATE NUMBER OF RECOGNIZANCE HEARINGS;
2. THE AGGREGATE NUMBER OF DEFENDANTS AND PRINCIPALS WHO WERE HEARD AT
RECOGNIZANCE HEARINGS;
3. THE RACE, ETHNICITY, AGE AND SEX OF EACH DEFENDANT OR PRINCIPAL;
4. THE CRIMES EACH DEFENDANT OR PRINCIPAL WERE CHARGED WITH; AND
5. THE DISPOSITION OF EACH HEARING WHETHER FOR RECOGNIZANCE OR COMMIT-
MENT.
§ 16. Articles 520 and 540 of the criminal procedure law are REPEALED.
§ 17. The article heading of article 530 of the criminal procedure law
is amended to read as follows:
ORDERS OF RECOGNIZANCE
OR [BAIL] SECURING ORDERS WITH
RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS
AND PROCEEDINGS--WHEN AND BY WHAT
COURTS AUTHORIZED
§ 18. The section heading of section 530.10 of the criminal procedure
law, as amended by section 11 of part JJJ of chapter 59 of the laws of
2019, is amended to read as follows:
Order of recognizance release under non-monetary conditions or [bail]
SECURING ORDERS; in general.
§ 19. The opening paragraph of subdivision 1 of section 530.12 of the
criminal procedure law, as amended by chapter 526 of the laws of 2013,
is amended to read as follows:
When a criminal action is pending involving a complaint charging any
crime or violation between spouses, former spouses, parent and child, or
between members of the same family or household, as members of the same
family or household are defined in subdivision one of section 530.11 of
this article, the court, in addition to any other powers conferred upon
it by this chapter may issue a temporary order of protection in conjunc-
tion with any securing order committing the defendant to the custody of
the sheriff or as a condition of any order of recognizance [or bail] or
an adjournment in contemplation of dismissal.
§ 20. Subdivision 9 of section 530.12 of the criminal procedure law,
as amended by section 81 of subpart B of part C of chapter 62 of the
laws of 2011, is 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,] or parole [him or her] THE RESPONDENT OR DEFENDANT for
hearing 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.
A. 5441 8
§ 21. Paragraph (a) of subdivision 11 of section 530.12 of the crimi-
nal procedure law, as amended by section 15 of part JJJ of chapter 59 of
the laws of 2019, is amended to read as follows:
(a) revoke an order of recognizance or release under non-monetary
conditions [or revoke an order of bail or order forfeiture of such bail]
and commit the defendant to custody; or
§ 22. Paragraph (a) of subdivision 8 of section 530.13 of the criminal
procedure law, as amended by section 13 of part JJJ of chapter 59 of the
laws of 2019, is amended to read as follows:
(a) revoke an order of recognizance, release under non-monetary condi-
tions [or bail] and commit the defendant to custody; or
§ 23. Paragraph (b) of subdivision 1 of section 530.20 of the criminal
procedure law, as amended by section 3 of part UU of chapter 56 of the
laws of 2020, is amended to read as follows:
(b) Where the principal stands charged with a qualifying offense, the
court, unless otherwise prohibited by law, may in its discretion release
the principal pending trial on the principal's own recognizance or under
non-monetary conditions, [fix bail,] or, where the defendant is charged
with a qualifying offense which is a felony, the court may commit the
principal to the custody of the sheriff. The court shall explain its
choice of release, release with conditions, [bail] or remand on the
record or in writing. A principal stands charged with a qualifying
offense when he or she stands charged with:
(i) a felony enumerated in section 70.02 of the penal law, other than
robbery in the second degree as defined in subdivision one of section
160.10 of the penal law, provided, however, that burglary in the second
degree as defined in subdivision two of section 140.25 of the penal law
shall be a qualifying offense only where the defendant is charged with
entering the living area of the dwelling;
(ii) a crime involving witness intimidation under section 215.15 of
the penal law;
(iii) a crime involving witness tampering under section 215.11, 215.12
or 215.13 of the penal law;
(iv) a class A felony defined in the penal law, provided, that for
class A felonies under article two hundred twenty of such law, only
class A-I felonies shall be a qualifying offense;
(v) a sex trafficking offense defined in section 230.34 or 230.34-a of
the penal law, or a felony sex offense defined in section 70.80 of the
penal law or a crime involving incest as defined in section 255.25,
255.26 or 255.27 of such law, or a misdemeanor defined in article one
hundred thirty of such law;
(vi) conspiracy in the second degree as defined in section 105.15 of
the penal law, where the underlying allegation of such charge is that
the defendant conspired to commit a class A felony defined in article
one hundred twenty-five of the penal law;
(vii) money laundering in support of terrorism in the first degree as
defined in section 470.24 of the penal law; money laundering in support
of terrorism in the second degree as defined in section 470.23 of the
penal law; money laundering in support of terrorism in the third degree
as defined in section 470.22 of the penal law; money laundering in
support of terrorism in the fourth degree as defined in section 470.21
of the penal law; or a felony crime of terrorism as defined in article
four hundred ninety of the penal law, other than the crime defined in
section 490.20 of such law;
(viii) criminal contempt in the second degree as defined in subdivi-
sion three of section 215.50 of the penal law, criminal contempt in the
A. 5441 9
first degree as defined in subdivision (b), (c) or (d) of section 215.51
of the penal law or aggravated criminal contempt as defined in section
215.52 of the penal law, and the underlying allegation of such charge of
criminal contempt in the second degree, criminal contempt in the first
degree or aggravated criminal contempt [is that] WHEN the defendant
violated a duly served order of protection where the protected party is
a member of the defendant's same family or household as defined in
subdivision one of section 530.11 of this article;
(ix) facilitating a sexual performance by a child with a controlled
substance or alcohol as defined in section 263.30 of the penal law, use
of a child in a sexual performance as defined in section 263.05 of the
penal law or luring a child as defined in subdivision one of section
120.70 of the penal law, promoting an obscene sexual performance by a
child as defined in section 263.10 of the penal law or promoting a sexu-
al performance by a child as defined in section 263.15 of the penal law;
(x) any crime that is alleged to have caused the death of another
person;
(xi) criminal obstruction of breathing or blood circulation as defined
in section 121.11 of the penal law, strangulation in the second degree
as defined in section 121.12 of the penal law or unlawful imprisonment
in the first degree as defined in section 135.10 of the penal law, and
is alleged to have committed the offense against a member of the defend-
ant's same family or household as defined in subdivision one of section
530.11 of this article;
(xii) aggravated vehicular assault as defined in section 120.04-a of
the penal law or vehicular assault in the first degree as defined in
section 120.04 of the penal law;
(xiii) assault in the third degree as defined in section 120.00 of the
penal law or arson in the third degree as defined in section 150.10 of
the penal law, when such crime is charged as a hate crime as defined in
section 485.05 of the penal law;
(xiv) aggravated assault upon a person less than eleven years old as
defined in section 120.12 of the penal law or criminal possession of a
weapon on school grounds as defined in section 265.01-a of the penal
law;
(xv) grand larceny in the first degree as defined in section 155.42 of
the penal law, enterprise corruption as defined in section 460.20 of the
penal law, or money laundering in the first degree as defined in section
470.20 of the penal law;
(xvi) failure to register as a sex offender pursuant to section one
hundred sixty-eight-t of the correction law or endangering the welfare
of a child as defined in subdivision one of section 260.10 of the penal
law, where the defendant is required to maintain registration under
article six-C of the correction law and designated a level three offen-
der pursuant to subdivision six of section one hundred sixty-eight-l of
the correction law;
(xvii) [a crime involving bail jumping under section 215.55, 215.56 or
215.57 of the penal law, or] a crime involving escaping from custody
under section 205.05, 205.10 or 205.15 of the penal law;
(xviii) any felony offense committed by the principal while serving a
sentence of probation or while released to post release supervision;
(xix) a felony, where the defendant qualifies for sentencing on such
charge as a persistent felony offender pursuant to section 70.10 of the
penal law; or
(xx) any felony or class A misdemeanor involving harm to an identifi-
able person [or property], where such charge arose from conduct occur-
A. 5441 10
ring while the defendant was released on [his or her] THE DEFENDANT'S
own recognizance or released under conditions for a separate felony or
class A misdemeanor involving harm to an identifiable person [or proper-
ty], provided, however, that the prosecutor must show reasonable cause
to believe that the defendant committed the instant crime and any under-
lying crime. For the purposes of this subparagraph, any of the underly-
ing crimes need not be a qualifying offense as defined in this subdivi-
sion.
§ 24. Section 530.30 of the criminal procedure law, the section head-
ing, subdivision 1 and subdivision 2 as amended by section 17 of part
JJJ of chapter 59 of the laws of 2019, is amended to read as follows:
§ 530.30 Order of recognizance, release under non-monetary conditions or
[bail] 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 release under non-mon-
etary conditions [or, where authorized, bail] when such local criminal
court:
(a) Lacks authority to issue such an order, pursuant to the relevant
provisions of section 530.20 of this article; or
(b) Has denied an application for recognizance[,] OR release under
non-monetary conditions [or bail]; or
(c) [Has fixed bail, where authorized, which is excessive; or
(d)] Has set a securing order of release under non-monetary conditions
which are more restrictive than necessary to reasonably assure the
defendant's return to court.
In such case, such superior court judge may vacate the order of such
local criminal court and release the defendant on recognizance or under
non-monetary conditions, [or where authorized, fix bail in a lesser
amount or in a less burdensome form,] whichever are the least restric-
tive alternative and conditions that will reasonably assure the defend-
ant's return to court. The court shall explain its choice of alternative
and conditions on the record or in writing.
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 release under
non-monetary conditions [or, where authorized, bail] unless and until
the district attorney has had an opportunity to be heard in the matter
and such judge and counsel for the defendant have been furnished with a
report as described in subparagraph (ii) of paragraph (b) of subdivision
two of section 530.20 of this article.
3. Not more than one application may be made pursuant to this section.
§ 25. Section 530.40 of the criminal procedure law, as amended by
section 18 of part JJJ of chapter 59 of the laws of 2019, subdivision 4
as amended by section 4 of part UU of chapter 56 of the laws of 2020, is
amended to read as follows:
§ 530.40 Order of recognizance, release under non-monetary conditions or
[bail] SECURING ORDER; by superior court when action is pend-
ing 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] RELEASE UNDER NON-MONETARY CONDITIONS as follows:
1. When the defendant is charged with an offense or offenses of less
than felony grade only, the court must, unless otherwise provided by
A. 5441 11
law, order recognizance or release under non-monetary conditions in
accordance with this section.
2. When the defendant is charged with a felony, the court may, unless
otherwise provided by law in its discretion, order recognizance[,] OR
release under non-monetary conditions [or, where authorized, 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 release under non-monetary conditions [or, where
authorized, 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.
3. In cases other than as described in subdivision four of this
section the court shall release the principal pending trial on the prin-
cipal's own recognizance, unless the court finds on the record or in
writing that release on the principal's own recognizance will not
reasonably assure the principal's return to court. In such instances,
the court shall release the principal under non-monetary conditions,
selecting the least restrictive alternative and conditions that will
reasonably assure the principal's return to court. The court shall
explain its choice of alternative and conditions on the record or in
writing.
4. Where the principal stands charged with a qualifying offense, the
court, unless otherwise prohibited by law, may in its discretion release
the principal pending trial on the principal's own recognizance or under
non-monetary conditions, [fix bail,] or, where the defendant is charged
with a qualifying offense which is a felony, the court may commit the
principal to the custody of the sheriff. The court shall explain its
choice of release, release with conditions[, bail] or remand on the
record or in writing. A principal stands charged with a qualifying
offense for the purposes of this subdivision when [he or she] THE PRIN-
CIPAL stands charged with:
(a) a felony enumerated in section 70.02 of the penal law, other than
robbery in the second degree as defined in subdivision one of section
160.10 of the penal law, provided, however, that burglary in the second
degree as defined in subdivision two of section 140.25 of the penal law
shall be a qualifying offense only where the defendant is charged with
entering the living area of the dwelling;
(b) a crime involving witness intimidation under section 215.15 of the
penal law;
(c) a crime involving witness tampering under section 215.11, 215.12
or 215.13 of the penal law;
(d) a class A felony defined in the penal law, provided that for class
A felonies under article two hundred twenty of such law, only class A-I
felonies shall be a qualifying offense;
(e) a sex trafficking offense defined in section 230.34 or 230.34-a of
the penal law, or a felony sex offense defined in section 70.80 of the
penal law or a crime involving incest as defined in section 255.25,
255.26 or 255.27 of such law, or a misdemeanor defined in article one
hundred thirty of such law;
(f) conspiracy in the second degree as defined in section 105.15 of
the penal law, where the underlying allegation of such charge is that
the defendant conspired to commit a class A felony defined in article
one hundred twenty-five of the penal law;
A. 5441 12
(g) money laundering in support of terrorism in the first degree as
defined in section 470.24 of the penal law; money laundering in support
of terrorism in the second degree as defined in section 470.23 of the
penal law; money laundering in support of terrorism in the third degree
as defined in section 470.22 of the penal law; money laundering in
support of terrorism in the fourth degree as defined in section 470.21
of the penal law; or a felony crime of terrorism as defined in article
four hundred ninety of the penal law, other than the crime defined in
section 490.20 of such law;
(h) criminal contempt in the second degree as defined in subdivision
three of section 215.50 of the penal law, criminal contempt in the first
degree as defined in subdivision (b), (c) or (d) of section 215.51 of
the penal law or aggravated criminal contempt as defined in section
215.52 of the penal law, and the underlying allegation of such charge of
criminal contempt in the second degree, criminal contempt in the first
degree or aggravated criminal contempt [is that] WHEN the defendant
violated a duly served order of protection where the protected party is
a member of the defendant's same family or household as defined in
subdivision one of section 530.11 of this article;
(i) facilitating a sexual performance by a child with a controlled
substance or alcohol as defined in section 263.30 of the penal law, use
of a child in a sexual performance as defined in section 263.05 of the
penal law or luring a child as defined in subdivision one of section
120.70 of the penal law, promoting an obscene sexual performance by a
child as defined in section 263.10 of the penal law or promoting a sexu-
al performance by a child as defined in section 263.15 of the penal law;
(j) any crime that is alleged to have caused the death of another
person;
(k) criminal obstruction of breathing or blood circulation as defined
in section 121.11 of the penal law, strangulation in the second degree
as defined in section 121.12 of the penal law or unlawful imprisonment
in the first degree as defined in section 135.10 of the penal law, and
is alleged to have committed the offense against a member of the defend-
ant's same family or household as defined in subdivision one of section
530.11 of this article;
(l) aggravated vehicular assault as defined in section 120.04-a of the
penal law or vehicular assault in the first degree as defined in section
120.04 of the penal law;
(m) assault in the third degree as defined in section 120.00 of the
penal law or arson in the third degree as defined in section 150.10 of
the penal law, when such crime is charged as a hate crime as defined in
section 485.05 of the penal law;
(n) aggravated assault upon a person less than eleven years old as
defined in section 120.12 of the penal law or criminal possession of a
weapon on school grounds as defined in section 265.01-a of the penal
law;
(o) grand larceny in the first degree as defined in section 155.42 of
the penal law, enterprise corruption as defined in section 460.20 of the
penal law, or money laundering in the first degree as defined in section
470.20 of the penal law;
(p) failure to register as a sex offender pursuant to section one
hundred sixty-eight-t of the correction law or endangering the welfare
of a child as defined in subdivision one of section 260.10 of the penal
law, where the defendant is required to maintain registration under
article six-C of the correction law and designated a level three offen-
A. 5441 13
der pursuant to subdivision six of section one hundred sixty-eight-l of
the correction law;
(q) [a crime involving bail jumping under section 215.55, 215.56 or
215.57 of the penal law, or] a crime involving escaping from custody
under section 205.05, 205.10 or 205.15 of the penal law;
(r) any felony offense committed by the principal while serving a
sentence of probation or while released to post release supervision;
(s) a felony, where the defendant qualifies for sentencing on such
charge as a persistent felony offender pursuant to section 70.10 of the
penal law; or
(t) any felony or class A misdemeanor involving harm to an identifi-
able person [or property], where such charge arose from conduct occur-
ring while the defendant was released on [his or her] THE DEFENDANT'S
own recognizance or released under conditions for a separate felony or
class A misdemeanor involving harm to an identifiable person [or proper-
ty], provided, however, that the prosecutor must show reasonable cause
to believe that the defendant committed the instant crime and any under-
lying crime. For the purposes of this subparagraph, any of the underly-
ing crimes need not be a qualifying offense as defined in this subdivi-
sion.
5. [Notwithstanding the provisions of subdivisions three and four of
this section, with respect to any charge for which bail or remand is not
ordered, and for which the court would not or could not otherwise
require bail or remand, a defendant may, at any time, request that the
court set bail in a nominal amount requested by the defendant in the
form specified in paragraph (a) of subdivision one of section 520.10 of
this title; if the court is satisfied that the request is voluntary, the
court shall set such bail in such amount.
6.] Notwithstanding the provisions of subdivisions two, three and four
of this section, a superior court may not order recognizance, release
under non-monetary conditions [or, where authorized, bail,] or permit a
defendant to remain at liberty pursuant to an existing order, after the
defendant has been convicted of either: (a) a class A felony or (b) any
class B or class C felony as defined in article one hundred thirty of
the penal law committed or attempted to be committed by a person eigh-
teen years of age or older against a person less than eighteen years of
age. In either case the court must commit or remand the defendant to the
custody of the sheriff.
[7.] 6. Notwithstanding the provisions of subdivisions two, three and
four of this section, a superior court may not order recognizance[,] OR
release under non-monetary conditions [or, where authorized, bail] 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
and counsel for the defendant have been furnished with a report as
described in subparagraph (ii) of paragraph (b) of subdivision two of
section 530.20 of this article.
§ 26. The section heading and subdivision 1 of section 530.45 of the
criminal procedure law, the section heading as added by chapter 435 of
the laws of 1974 and subdivision 1 as amended by section 19 of part JJJ
of chapter 59 of the laws of 2019, are amended to read as follows:
Order of recognizance or [bail] SECURING ORDER; after conviction and
before sentence.
1. When the defendant is at liberty in the course of a criminal action
as a result of a prior order of recognizance[,] OR release under non-
monetary conditions [or bail] and the court revokes such order and then,
where authorized, [fixes no bail or fixes bail in a greater amount or in
A. 5441 14
a more burdensome form than was previously fixed and] remands or commits
defendant to the custody of the sheriff, or issues a more restrictive
securing order, a judge designated in subdivision two of this section,
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 as
defined in article one hundred thirty of the penal law committed or
attempted to be committed by a person eighteen years of age or older
against a person less than eighteen years of age, and before sentencing,
may issue a securing order and release the defendant on the defendant's
own recognizance, release the defendant under non-monetary conditions,
[or, where authorized, fix bail or fix bail in a lesser amount or in a
less burdensome form,] or issue a less restrictive securing order, than
fixed by the court in which the conviction was entered.
§ 27. Subdivision 2-a of section 530.45 of the criminal procedure law,
as added by section 9 of part UU of chapter 56 of the laws of 2020, is
amended to read as follows:
2-a. Notwithstanding the provisions of subdivision four of section
510.10, paragraph (b) of subdivision one of section 530.20 and subdivi-
sion four of section 530.40 of this title, when a defendant charged with
an offense that is not such a qualifying offense is convicted, whether
by guilty plea or verdict, in such criminal action or proceeding of an
offense that is not a qualifying offense, the court may, in accordance
with law, issue a securing order: releasing the defendant on the defend-
ant's own recognizance or under non-monetary conditions [where author-
ized, fix bail], or remand the defendant to the custody of the sheriff
where authorized.
§ 28. Subdivision 6 of section 530.45 of the criminal procedure law,
as added by chapter 435 of the laws of 1974, is amended to read as
follows:
6. Where the defendant is at liberty during the pendency of an appeal
as a result of an order issued pursuant to this section, the intermedi-
ate appellate court, upon affirmance of the judgment, must by appropri-
ate certificate remit the case to the criminal court in which such judg-
ment was entered. The criminal court must, upon at least two days notice
to the defendant[, his surety] and his attorney, promptly direct the
defendant to surrender himself to the criminal court in order that
execution of the judgment be commenced or resumed, and if necessary the
criminal court may issue a bench warrant to secure his appearance.
§ 29. Section 530.50 of the criminal procedure law, as amended by
chapter 264 of the laws of 2003, subdivision 1 as designated and subdi-
vision 2 as added by section 10 of part UU of chapter 56 of the laws of
2020, is amended to read as follows:
§ 530.50 Order of recognizance or [bail] SECURING ORDER; during pendency
of appeal.
1. A judge who is otherwise authorized pursuant to section 460.50 or
section 460.60 to issue an order of recognizance [or bail] pending the
determination of an appeal, may do so unless the defendant received a
class A felony sentence or a sentence for any class B or class C felony
offense defined in article one hundred thirty of the penal law committed
or attempted to be committed by a person eighteen years of age or older
against a person less than eighteen years of age.
2. Notwithstanding the provisions of subdivision four of section
510.10, paragraph (b) of subdivision one of section 530.20 and subdivi-
sion four of section 530.40 of this title, when a defendant charged with
an offense that is not such a qualifying offense applies, pending deter-
mination of an appeal, for an order of recognizance or release on non-
A. 5441 15
monetary conditions, where authorized, [or fixing bail,] a judge identi-
fied in subdivision two of section 460.50 or paragraph (a) of
subdivision one of section 460.60 of this chapter may, in accordance
with law, and except as otherwise provided by law, issue a securing
order: releasing the defendant on the defendant's own recognizance or
under non-monetary conditions where authorized, [fixing bail,] or
remanding the defendant to the custody of the sheriff where authorized.
§ 30. Section 530.60 of the criminal procedure law, as amended by
section 20 of part JJJ of chapter 59 of the laws of 2019, is amended to
read as follows:
§ 530.60 Certain modifications of a securing order.
1. Whenever in the course of a criminal action or proceeding a defend-
ant is at liberty as a result of an order of recognizance, release under
non-monetary conditions [or bail] issued pursuant to this chapter, and
the court considers it necessary to review such order, whether due to a
motion by the people or otherwise, the court may, and except as provided
in subdivision two of section 510.50 of this title concerning a failure
to appear in court, by a bench warrant if necessary, require the defend-
ant to appear before the court. Upon such appearance, the court, for
good cause shown, may revoke the order of recognizance[,] OR release
under non-monetary conditions[, or bail]. If the defendant is entitled
to recognizance[,] OR release under non-monetary conditions[, or bail]
as a matter of right, the court must issue another such order. If the
defendant is not, the court may either issue such an order or commit the
defendant to the custody of the sheriff in accordance with this section.
Where the defendant is committed to the custody of the sheriff and is
held on a felony complaint, a new period as provided in section 180.80
of this chapter shall commence to run from the time of the defendant's
commitment under this subdivision.
2. (a) Whenever in the course of a criminal action or proceeding a
defendant charged with the commission of a felony is at liberty as a
result of an order of recognizance[,] OR release under non-monetary
conditions [or bail issued pursuant to this article] it shall be grounds
for revoking such order that the court finds reasonable cause to believe
the defendant committed one or more specified class A or violent felony
offenses or intimidated a victim or witness in violation of section
215.15, 215.16 or 215.17 of the penal law while at liberty.
(b) Except as provided in paragraph (a) of this subdivision or any
other law, whenever in the course of a criminal action or proceeding a
defendant charged with the commission of an offense is at liberty as a
result of an order of recognizance[,] OR release under non-monetary
conditions [or bail issued pursuant to this article] it shall be grounds
for revoking such order [and fixing bail] in such criminal action or
proceeding when the court has found, by clear and convincing evidence,
that the defendant:
(i) persistently and willfully failed to appear after notice of sched-
uled appearances in the case before the court; or
(ii) violated an order of protection in the manner prohibited by
subdivision (b), (c) or (d) of section 215.51 of the penal law while at
liberty; or
(iii) stands charged in such criminal action or proceeding with a
misdemeanor or violation and, after being so charged, intimidated a
victim or witness in violation of section 215.15, 215.16 or 215.17 of
the penal law or tampered with a witness in violation of section 215.11,
215.12 or 215.13 of the penal law, [law] while at liberty; or
A. 5441 16
(iv) stands charged in such action or proceeding with a felony and,
after being so charged, committed a felony while at liberty.
(c) Before revoking an order of recognizance[,] OR release under non-
monetary conditions, [or bail pursuant to this subdivision,] the court
must hold a hearing and shall receive any relevant, admissible evidence
not legally privileged. The defendant may cross-examine witnesses and
may present relevant, admissible evidence on his own behalf. Such hear-
ing may be consolidated with, and conducted at the same time as, a felo-
ny hearing conducted pursuant to article one hundred eighty of this
chapter. A transcript of testimony taken before the grand jury upon
presentation of the subsequent offense shall be admissible as evidence
during the hearing. The district attorney may move to introduce grand
jury testimony of a witness in lieu of that witness' appearance at the
hearing.
(d) Revocation of an order of recognizance[,] OR release under non-
monetary conditions [or bail] and a new securing order [fixing bail or
commitment], as specified in this paragraph and pursuant to this subdi-
vision shall be for the following periods:
(i) Under paragraph (a) of this subdivision, revocation of the order
of recognizance[,] OR release under non-monetary conditions [or, as the
case may be, bail,] and a new securing order [fixing bail] or committing
the defendant to the custody of the sheriff shall be as follows:
(A) For a period not to exceed ninety days exclusive of any periods of
adjournment requested by the defendant; or
(B) Until the charges contained within the accusatory instrument have
been reduced or dismissed such that no count remains which charges the
defendant with commission of a felony; or
(C) Until reduction or dismissal of the charges contained within the
accusatory instrument charging the subsequent offense such that no count
remains which charges the defendant with commission of a class A or
violent felony offense.
Upon expiration of any of the three periods specified within this
subparagraph, whichever is shortest, the court may grant or deny release
upon an order of [bail or] recognizance OR A SECURING ORDER in accord-
ance with the provisions of this article. Upon conviction to an offense
the provisions of article five hundred thirty of this chapter shall
apply; and
(ii) Under paragraph (b) of this subdivision, revocation of the order
of recognizance[,] OR release under non-monetary conditions [or, as the
case may be, bail] shall result in the issuance of a new securing order
which may, if otherwise authorized by law, permit the principal's
release on recognizance or release under non-monetary conditions, [but
shall also render the defendant eligible for an order fixing bail]
provided, however, that in accordance with the principles in this title
the court must select the least restrictive alternative and condition or
conditions that will reasonably assure the principal's return to court.
Nothing in this subparagraph shall be interpreted as shortening the
period of detention, or requiring or authorizing any less restrictive
form of a securing order, which may be imposed pursuant to any other
law.
(e) Notwithstanding the provisions of paragraph (a) or (b) of this
subdivision a defendant, against whom a felony complaint has been filed
which charges the defendant with commission of a class A or violent
felony offense or violation of section 215.15, 215.16 or 215.17 of the
penal law committed while he was at liberty as specified therein, may be
committed to the custody of the sheriff pending a revocation hearing for
A. 5441 17
a period not to exceed seventy-two hours. An additional period not to
exceed seventy-two hours may be granted by the court upon application of
the district attorney upon a showing of good cause or where the failure
to commence the hearing was due to the defendant's request or occurred
with [his] THE DEFENDANT'S consent. Such good cause must consist of some
compelling fact or circumstance which precluded conducting the hearing
within the initial prescribed period.
§ 31. The section heading of section 530.70 of the criminal procedure
law is amended to read as follows:
Order of recognizance or [bail] SECURING ORDER; bench warrant.
§ 32. Section 530.80 of the criminal procedure law is REPEALED.
§ 33. The opening paragraph of subdivision 2 of section 30.30 of the
criminal procedure law, as amended by section 1 of part KKK of chapter
59 of the laws of 2019, is amended to read as follows:
Except as provided in subdivision three of this section, where a
defendant has been committed to the custody of the sheriff or the office
of children and family services in a criminal action [he or she] THE
DEFENDANT must be released on [bail or on his or her] THE DEFENDANT'S
own recognizance, upon such conditions as may be just and reasonable, if
the people are not ready for trial in that criminal action within:
§ 34. Subparagraph (ii) of paragraph (c) of subdivision 4 of section
30.30 of the criminal procedure law, as amended by section 1 of part KKK
of chapter 59 of the laws of 2019, is amended to read as follows:
(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] THE DEFENDANT'S 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 of this
chapter 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 voluntarily or otherwise; or
§ 35. Subdivision 3 of section 120.90 of the criminal procedure law,
as amended by chapter 424 of the laws of 1998, is amended to read as
follows:
3. Upon arresting a defendant for an offense other than a felony
pursuant to a warrant of arrest in a county other than the one in which
the warrant is returnable or one adjoining it, a police officer, if [he]
THE POLICE OFFICER be one to whom the warrant is addressed, must inform
the defendant that [he] THE DEFENDANT has a right to appear before a
local criminal court of the county of arrest for the purpose of being
released on [his] THE DEFENDANT'S own recognizance or [having bail
fixed] UNDER NON-MONETARY CONDITIONS. If the defendant does not desire
to [avail himself of] EXERCISE such right, the officer must request
[him] THE DEFENDANT to endorse such fact upon the warrant, and upon such
endorsement the officer must without unnecessary delay bring [him] THE
DEFENDANT before the court in which the warrant is returnable. If the
defendant does desire to [avail himself of] EXERCISE such right, or if
[he] THE DEFENDANT refuses to make the aforementioned endorsement, the
officer must without unnecessary delay bring [him] THE DEFENDANT before
a local criminal court of the county of arrest. Such court must release
the defendant on [his] THE DEFENDANT'S own recognizance [or fix bail]
for [his] THE DEFENDANT'S appearance on a specified date in the court in
which the warrant is returnable. [If the defendant is in default of
bail, the officer must without unnecessary delay bring him before the
court in which the warrant is returnable.]
A. 5441 18
§ 36. Subdivision 4 of section 120.90 of the criminal procedure law,
as amended by chapter 424 of the laws of 1998, is amended to read as
follows:
4. Upon arresting a defendant for an offense other than a felony
pursuant to a warrant of arrest in a county other than the one in which
the warrant is returnable or one adjoining it, a police officer, if [he]
THE POLICE OFFICER be one delegated to execute the warrant pursuant to
section 120.60, may hold the defendant in custody in the county of
arrest for a period not exceeding two hours for the purpose of deliver-
ing [him] THE DEFENDANT to the custody of the officer by whom he was
delegated to execute such warrant. If the delegating officer receives
custody of the defendant during such period, [he] THE DELEGATING OFFICER
must proceed as provided in subdivision three. Otherwise, the delegated
officer must inform the defendant that [he] THE DEFENDANT has a right to
appear before a local criminal court for the purpose of being released
on [his] THE DEFENDANT'S own recognizance or [having bail fixed] UNDER
NON-MONETARY CONDITIONS. If the defendant does not desire to [avail
himself of] EXERCISE such right, the officer must request [him] THE
DEFENDANT to make, sign and deliver to him a written statement of such
fact, and if the defendant does so, the officer must retain custody of
[him] THE DEFENDANT but must without unnecessary delay deliver [him] THE
DEFENDANT or cause [him] THE DEFENDANT to be delivered to the custody of
the delegating police officer. If the defendant does desire to [avail
himself of] EXERCISE such right, or if [he] THE DEFENDANT refuses to
make and deliver the aforementioned statement, the delegated or arrest-
ing officer must without unnecessary delay bring [him] THE DEFENDANT
before a local criminal court of the county of arrest and must submit to
such court a written statement reciting the material facts concerning
the issuance of the warrant, the offense involved, and all other essen-
tial matters relating thereto. Upon the submission of such statement,
such court must release the defendant on [his] THE DEFENDANT'S own
recognizance or [fix bail] UNDER NON-MONETARY CONDITIONS for [his] THE
DEFENDANT'S appearance on a specified date in the court in which the
warrant is returnable. [If the defendant is in default of bail, the
officer must retain custody of him but must without unnecessary delay
deliver him or cause him to be delivered to the custody of the delegat-
ing officer. Upon receiving such custody, the latter must without unnec-
essary delay bring the defendant before the court in which the warrant
is returnable.]
§ 37. Subdivision 6 of section 120.90 of the criminal procedure law,
as amended by section 16 of part WWW of chapter 59 of the laws of 2017,
is amended to read as follows:
6. Before bringing a defendant arrested pursuant to a warrant before
the local criminal court or youth part of a superior court in which such
warrant is returnable, a police officer must without unnecessary delay
perform all fingerprinting and other preliminary police duties required
in the particular case. In any case in which the defendant is not
brought by a police officer before such court but, following [his] THE
DEFENDANT'S arrest in another county for an offense specified in subdi-
vision one of section 160.10, is released by a local criminal court of
such other county on [his] THE DEFENDANT'S own recognizance or [on bail]
UNDER NON-MONETARY CONDITIONS for [his] THE DEFENDANT'S appearance on a
specified date before the local criminal court before which the warrant
is returnable, the latter court must, upon arraignment of the defendant
before it, direct that [he] THE DEFENDANT be fingerprinted by the appro-
A. 5441 19
priate officer or agency, and that [he] THE DEFENDANT appear at an
appropriate designated time and place for such purpose.
§ 38. Subdivision 2 of section 140.20 of the criminal procedure law,
as amended by chapter 550 of the laws of 1987, is amended to read as
follows:
2. If the arrest is 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[,] OR
205.19 [or 215.56] of the penal law, the arrested person [need] MUST not
be brought before a local criminal court as provided in subdivision
one[, and the procedure may instead be as follows:
(a) A police officer may issue and serve an appearance ticket upon the
arrested person and release him from custody, as prescribed in subdivi-
sion two of section 150.20; or
(b) The desk officer in charge at a police station, county jail or
police headquarters, or any of his superior officers, may, in such place
fix pre-arraignment bail and, upon deposit thereof, issue and serve an
appearance ticket upon the arrested person and release him from custody,
as prescribed in section 150.30] OF THIS SECTION. INSTEAD, A POLICE
OFFICER MUST ISSUE AND SERVE AN APPEARANCE TICKET UPON THE ARRESTED
PERSON AND RELEASE THE ARRESTED PERSON FROM CUSTODY, AS PRESCRIBED IN
SUBDIVISION TWO OF SECTION 150.20.
§ 39. Subdivision 3 of section 140.20 of the criminal procedure law,
as amended by chapter 550 of the laws of 1987, is amended to read as
follows:
3. If (a) the arrest is 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[,] OR
205.19 [or 215.56] of the penal law, and (b) owing to unavailability of
a local criminal court the arresting police officer is unable to bring
the arrested person before such a court with reasonable promptness,
[either] an appearance ticket must be served unconditionally upon the
arrested person [or pre-arraignment bail must be fixed, as prescribed in
subdivision two. If pre-arraignment bail is fixed but not posted, such
arrested person may be temporarily held in custody but must be brought
before a local criminal court without unnecessary delay]. Nothing
contained in this subdivision requires a police officer to serve an
appearance ticket upon an arrested person or release [him] THE ARRESTED
PERSON from custody at a time when such person appears to be under the
influence of alcohol, narcotics or other drug to the degree that [he]
SUCH PERSON may endanger [himself] THEMSELVES or other persons.
§ 40. Subdivision 3 of section 140.40 of the criminal procedure law,
as amended by chapter 550 of the laws of 1987, is amended to read as
follows:
3. If the arrest is 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[,] OR
205.19 [or 215.56] of the penal law, the arrested person [need] MUST not
be brought before a local criminal court, as provided in subdivision
one[, and the procedure may instead be as follows:
(a) An appropriate police officer may issue and serve an appearance
ticket upon the arrested person and release him from custody, as
prescribed in subdivision two of section 150.20; or
(b) The desk officer in charge at the appropriate police officer's
station, county jail or police headquarters, or any of his superior
officers, may, in such place, fix pre-arraignment bail and, upon deposit
thereof, issue and serve an appearance ticket upon the arrested person
and release him from custody, as prescribed in section 150.30] OF THIS
SECTION. INSTEAD, AN APPROPRIATE POLICE OFFICER MUST ISSUE AND SERVE AN
A. 5441 20
APPEARANCE TICKET UPON THE ARRESTED PERSON AND RELEASE THE ARRESTED
PERSON FROM CUSTODY, AS PRESCRIBED IN SUBDIVISION TWO OF SECTION 150.20.
§ 41. Subdivision 2 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:
2. (a) Whenever a police officer has arrested a person without a
warrant for an offense other than a class A, B, C or D felony or a
violation of section 130.25, 130.40, 205.10, 205.17[,] OR 205.19 [or
215.56] of the penal law pursuant to section 140.10, or (b) whenever a
peace officer, who is not authorized by law to issue an appearance tick-
et, has arrested a person for an offense other than a class A, B, C or D
felony or a violation of section 130.25, 130.40, 205.10, 205.17[,] OR
205.19 [or 215.56] of the penal law pursuant to section 140.25, and has
requested a police officer to issue and serve upon such arrested person
an appearance ticket pursuant to subdivision four of section 140.27, or
(c) whenever a person has been arrested for an offense other than a
class A, B, C or D felony or a violation of section 130.25, 130.40,
205.10, 205.17[,] OR 205.19 [or 215.56] of the penal law and has been
delivered to the custody of an appropriate police officer pursuant to
section 140.40, such police officer may, instead of bringing such person
before a local criminal court and promptly filing or causing the arrest-
ing peace officer or arresting person to file a local criminal court
accusatory instrument therewith, issue to and serve upon such person an
appearance ticket. [The issuance and service of an appearance ticket
under such circumstances may be conditioned upon a deposit of pre-arr-
aignment bail, as provided in section 150.30.]
§ 42. Subdivision 2 of section 150.75 of the criminal procedure law,
as added by chapter 360 of the laws of 1977, is amended to read as
follows:
2. Whenever the defendant is arrested without a warrant, an appearance
ticket shall promptly be issued and served upon him, as provided in this
article. [The issuance and service of the appearance ticket may be made
conditional upon the posting of pre-arraignment bail as provided in
section 150.30 of this chapter but only if the appropriate police offi-
cer (a) is unable to ascertain the defendant's identity or residence
address; or (b) reasonably suspects that the identification or residence
address given by the defendant is not accurate; or (c) reasonably
suspects that the defendant does not reside within the state.] No
warrant of arrest shall be issued unless the defendant has failed to
appear in court as required by the terms of the appearance ticket or by
the court.
§ 43. The section heading of section 170.10 of the criminal procedure
law is amended to read as follows:
Arraignment upon information, simplified traffic information,
prosecutor's information or misdemeanor complaint; defendant's presence,
defendant's rights[,] AND court's instructions [and bail matters].
§ 44. Subdivision 7 of section 170.10 of the criminal procedure law is
amended to read as follows:
7. Upon the arraignment, the court, unless it intends to make a final
disposition of the action immediately thereafter, must, as provided in
subdivision one of section 530.20, issue a securing order either releas-
ing the defendant on [his] THE DEFENDANT'S own recognizance or [fixing
bail] UNDER NON-MONETARY CONDITIONS for his future appearance in the
action; except that where a defendant appears by counsel pursuant to
paragraph (b) of subdivision one of this section, the court must release
the defendant on [his] THE DEFENDANT'S own recognizance.
A. 5441 21
§ 45. Subdivision 2 of section 170.25 of the criminal procedure law is
amended to read as follows:
2. Such order stays the proceedings in the local criminal court pend-
ing submission of the charge to the grand jury. Upon the subsequent
filing of an indictment in the superior court, the proceedings in the
local criminal court terminate and the defendant must be required to
appear for arraignment upon the indictment in the manner prescribed in
subdivisions one and two of section 210.10. Upon the subsequent filing
of a grand jury dismissal of the charge, the proceedings in the local
criminal court terminate and the superior court must, if the defendant
is not at liberty on [his] THE DEFENDANT'S own recognizance, discharge
him from custody [or exonerate his bail, as the case may be].
§ 46. Subdivision 3 of 170.50 of the criminal procedure law is amended
to read as follows:
3. Upon dismissing a prosecutor's information or a count thereof
pursuant to this section, the court may, upon application of the people,
in its discretion authorize the people to resubmit the charge or charges
to the same or another grand jury. In the absence of such authori-
zation, such charge or charges may not be resubmitted to a grand jury.
The rules prescribed in subdivisions eight and nine of section 210.45
concerning the discharge of a defendant from custody [or exoneration of
bail] in the absence of an authorization to resubmit an indictment to a
grand jury, and concerning the issuance of a securing order and the
effective period thereof where such an authorization is issued, apply
equally where a prosecutor's information is dismissed pursuant to this
section.
§ 47. The section heading of section 180.10 of the criminal procedure
law is amended to read as follows:
Proceedings upon felony complaint; arraignment; defendant's rights[,]
AND court's instructions [and bail matters].
§ 48. Subdivision 6 of section 180.10 of the criminal procedure law is
amended to read as follows:
6. Upon the arraignment, the court, unless it intends immediately
thereafter to dismiss the felony complaint and terminate the action,
must issue a securing order which, as provided in subdivision two of
section 530.20, either releases the defendant on his own recognizance
[or fixes bail] or commits him to the custody of the sheriff for his
future appearance in such action.
§ 49. Subdivision 4 of section 180.70 of the criminal procedure law is
amended to read as follows:
4. If there is not reasonable cause to believe that the defendant
committed any offense, the court must dismiss the felony complaint and
discharge the defendant from custody if [he] THE DEFENDANT is in custo-
dy[, or, if he is at liberty on bail, it must exonerate the bail].
§ 50. Subdivision 2 of section 190.75 of the criminal procedure law is
amended to read as follows:
2. If the defendant was previously held for the action of the grand
jury by a local criminal court, the superior court to which such
dismissal is presented must order the defendant released from custody if
[he] THE DEFENDANT is in the custody of the sheriff[, or, if he is at
liberty on bail, it must exonerate the bail].
§ 51. Subdivision 2 of section 210.10 of the criminal procedure law,
as amended by chapter 681 of the laws of 1990, is amended to read as
follows:
2. If a felony complaint against the defendant was pending in a local
criminal court or if the defendant was previously held by a local crimi-
A. 5441 22
nal court for the action of the grand jury, and if the defendant is at
liberty on [his or her] THE DEFENDANT'S own recognizance [or on bail
pursuant to a previous court order issued in the same criminal action],
the superior court must, upon at least two days notice to the defendant
[and his or her surety, to any person other than the defendant who post-
ed cash bail] and to any attorney who would be entitled to notice under
circumstances prescribed in subdivision one, direct the defendant to
appear before the superior court for arraignment on a specified date.
If the defendant fails to appear on such date, the court may issue a
bench warrant [and, in addition, may forfeit the bail, if any]. Upon
taking the defendant into custody pursuant to such bench warrant, the
executing police officer must without unnecessary delay bring the
defendant before such superior court for arraignment. If such superior
court is not available, the executing police officer may bring the
defendant to the local correctional facility of the county in which such
superior court sits, to be detained there until not later than the
commencement of the next session of such court occurring on the next
business day.
§ 52. The section heading of section 210.15 of the criminal procedure
law is amended to read as follows:
Arraignment upon indictment; defendant's rights[,] AND court's
instructions [and bail matters].
§ 53. Subdivision 6 of section 210.15 of the criminal procedure law is
amended to read as follows:
6. Upon the arraignment, the court, unless it intends to make a final
disposition of the action immediately thereafter, must, as provided in
section 530.40, issue a securing order, releasing the defendant on his
own recognizance [or fixing bail] or committing [him] THE DEFENDANT to
the custody of the sheriff for [his] THE DEFENDANT'S future appearance
in such action.
§ 54. Subdivision 8 of section 210.45 of the criminal procedure law is
amended to read as follows:
8. When the court dismisses the entire indictment without authorizing
resubmission of the charge or charges to a grand jury, it must order
that the defendant be discharged from custody if [he] THE DEFENDANT is
in the custody of the sheriff[, or if he is at liberty on bail it must
exonerate the bail].
§ 55. Subdivision 9 of section 210.45 of the criminal procedure law is
amended to read as follows:
9. When the court dismisses the entire indictment but authorizes
resubmission of the charge or charges to a grand jury, such authori-
zation is, for purposes of this subdivision, deemed to constitute an
order holding the defendant for the action of a grand jury with respect
to such charge or charges. Such order must be accompanied by a securing
order either releasing the defendant on [his] THE DEFENDANT'S own recog-
nizance [or fixing bail] or committing [him] THE DEFENDANT to the custo-
dy of the sheriff pending resubmission of the case to the grand jury and
the grand jury's disposition thereof. Such securing order remains in
effect until the first to occur of any of the following:
(a) A statement to the court by the people that they do not intend to
resubmit the case to a grand jury;
(b) Arraignment of the defendant upon an indictment or prosecutor's
information filed as a result of resubmission of the case to a grand
jury. Upon such arraignment, the arraigning court must issue a new
securing order;
A. 5441 23
(c) The filing with the court of a grand jury dismissal of the case
following resubmission thereof;
(d) The expiration of a period of forty-five days from the date of
issuance of the order; provided that such period may, for good cause
shown, be extended by the court to a designated subsequent date if such
be necessary to accord the people reasonable opportunity to resubmit the
case to a grand jury.
Upon the termination of the effectiveness of the securing order pursu-
ant to paragraph (a), (c) or (d), the court must immediately order that
the defendant be discharged from custody if he is in the custody of the
sheriff[, or if he is at liberty on bail it must exonerate the bail].
Although expiration of the period of time specified in paragraph (d)
without any resubmission or grand jury disposition of the case termi-
nates the effectiveness of the securing order, it does not terminate the
effectiveness of the order authorizing resubmission.
§ 56. Subdivision 6 of section 216.05 of the criminal procedure law,
as added by section 4 of part AAA of chapter 56 of the laws of 2009, is
amended to read as follows:
6. Upon an eligible defendant's agreement to abide by the conditions
set by the court, the court shall issue a securing order providing for
[bail or] release on the defendant's own recognizance and conditioning
any release upon the agreed upon conditions. The period of alcohol or
substance abuse treatment shall begin as specified by the court and as
soon as practicable after the defendant's release, taking into account
the availability of treatment, so as to facilitate early intervention
with respect to the defendant's abuse or condition and the effectiveness
of the treatment program. In the event that a treatment program is not
immediately available or becomes unavailable during the course of the
defendant's participation in the judicial diversion program, the court
may release the defendant pursuant to the securing order.
§ 57. Paragraph (c) of subdivision 9 of section 216.05 of the criminal
procedure law, as added by section 4 of part AAA of chapter 56 of the
laws of 2009, is amended to read as follows:
(c) If the court determines that the defendant has violated a condi-
tion of [his or her] THE DEFENDANT'S release under the judicial diver-
sion program, the court may modify the conditions thereof, reconsider
the order of recognizance [or bail] pursuant to subdivision two of
section 510.30 of this chapter, or terminate the defendant's partic-
ipation in the judicial diversion program; and when applicable proceed
with the defendant's sentencing in accordance with the agreement.
Notwithstanding any provision of law to the contrary, the court may
impose any sentence authorized for the crime of conviction in accordance
with the plea agreement, or any lesser sentence authorized to be imposed
on a felony drug offender pursuant to paragraph (b) or (c) of subdivi-
sion two of section 70.70 of the penal law taking into account the
length of time the defendant spent in residential treatment and how best
to continue treatment while the defendant is serving that sentence. In
determining what action to take for a violation of a release condition,
the court shall consider all relevant circumstances, including the views
of the prosecutor, the defense and the alcohol or substance abuse treat-
ment provider, and the extent to which persons who ultimately success-
fully complete a drug treatment regimen sometimes relapse by not
abstaining from alcohol or substance abuse or by failing to comply fully
with all requirements imposed by a treatment program. The court shall
also consider using a system of graduated and appropriate responses or
sanctions designed to address such inappropriate behaviors, protect
A. 5441 24
public safety and facilitate, where possible, successful completion of
the alcohol or substance abuse treatment program.
§ 58. Subdivision 4 of section 290.10 of the criminal procedure law is
amended to read as follows:
4. Upon issuing a trial order of dismissal which dismisses the entire
indictment, the court must immediately discharge the defendant from
custody if he is in custody of the sheriff[, or, if he is at liberty on
bail, it must exonerate the bail].
§ 59. Subdivision 1 of section 330.10 of the criminal procedure law is
amended to read as follows:
1. Upon a verdict of complete acquittal, the court must immediately
discharge the defendant if he is in the custody of the sheriff[, or, if
he is at liberty on bail, it must exonerate the bail].
§ 60. Subdivision 3 of section 330.20 of the criminal procedure law,
as added by chapter 548 of the laws of 1980, is amended to read as
follows:
3. Examination order; place of examination. Upon issuing an examina-
tion order, the court must, except as otherwise provided in this subdi-
vision, direct that the defendant be committed to a secure facility
designated by the commissioner as the place for such psychiatric exam-
ination. The sheriff must hold the defendant in custody pending such
designation by the commissioner, and when notified of the designation,
the sheriff must promptly deliver the defendant to such secure facility.
When the defendant is not in custody at the time of such verdict or
plea, because [he] THE DEFENDANT was previously released on [bail or on
his] THE DEFENDANT'S own recognizance, the court, in its discretion, may
direct that such examination be conducted on an out-patient basis, and
at such time and place as the commissioner shall designate. If, however,
the commissioner informs the court that confinement of the defendant is
necessary for an effective examination, the court must direct that the
defendant be confined in a facility designated by the commissioner until
the examination is completed.
§ 61. Section 410.60 of the criminal procedure law, as amended by
section 23 of part JJJ of chapter 59 of the laws of 2019, is amended to
read as follows:
§ 410.60 Appearance before court.
A person who has been taken into custody pursuant to section 410.40 or
section 410.50 of this article for violation of a condition of a
sentence of probation or a sentence of conditional discharge must forth-
with be brought before the court that imposed the sentence. Where a
violation of probation petition and report has been filed and the person
has not been taken into custody nor has a warrant been issued, an
initial court appearance shall occur within ten business days of the
court's issuance of a notice to appear. If the court has reasonable
cause to believe that such person has violated a condition of the
sentence, it may commit such person to the custody of the sheriff, [fix
bail,] release such person under non-monetary conditions or release such
person on such person's own recognizance for future appearance at a
hearing to be held in accordance with section 410.70 of this article. If
the court does not have reasonable cause to believe that such person has
violated a condition of the sentence, it must direct that such person be
released.
§ 62. Subdivision 1 of section 410.70 of the criminal procedure law,
as amended by chapter 17 of the laws of 2014, is amended to read as
follows:
A. 5441 25
1. In general. The court may not revoke a sentence of probation or a
sentence of conditional discharge, or extend a period of probation,
unless (a) the court has found that the defendant has violated a condi-
tion of the sentence and (b) the defendant has had an opportunity to be
heard pursuant to this section. The defendant is entitled to a hearing
in accordance with this section promptly after the court has filed a
declaration of delinquency or has committed [him or has fixed bail] THE
DEFENDANT pursuant to this article.
§ 63. Paragraph (e) of subdivision 1 of section 420.10 of the criminal
procedure law is REPEALED.
§ 64. Subdivision 1 of section 460.50 of the criminal procedure law,
as amended by chapter 884 of the laws of 1971, is amended to read as
follows:
1. Upon application of a defendant who has taken an appeal to an
intermediate appellate court from a judgment or from a sentence of a
criminal court, a judge designated in subdivision two may issue an order
both (a) staying or suspending the execution of the judgment pending the
determination of the appeal, and (b) either releasing the defendant on
[his] THE DEFENDANT'S own recognizance or [fixing bail pursuant to the
provisions of article five hundred thirty] UNDER NON-MONETARY
CONDITIONS. That phase of the order staying or suspending execution of
the judgment does not become effective unless and until the defendant is
released, either on [his] THE DEFENDANT'S own recognizance or [upon the
posting of bail] UNDER NON-MONETARY CONDITIONS.
§ 65. Subdivision 6 of section 460.50 of the criminal procedure law,
as added by chapter 168 of the laws of 1981, is amended to read as
follows:
6. Upon application of a defendant who has been granted a certificate
granting leave to appeal pursuant to section 460.15 of this chapter, and
in accordance with the procedures set forth in subdivisions three, four
and five of this section, the intermediate appellate court may issue an
order both (a) staying or suspending the execution of the judgment pend-
ing the determination of the appeal, and (b) either releasing the
defendant on [his] THE DEFENDANT'S own recognizance or [fixing bail
pursuant to the provisions of article five hundred thirty] UNDER NON-
MONETARY CONDITIONS. That phase of the order staying or suspending
execution of the judgment does not become effective unless and until the
defendant is released, either on [his] THE DEFENDANT'S own recognizance
or [upon the posting of bail] UNDER NON-MONETARY CONDITIONS.
§ 66. Subparagraph (ii) of paragraph (a) of subdivision 1 of section
460.60 of the criminal procedure law, as amended by chapter 168 of the
laws of 1981, is amended to read as follows:
(ii) either releasing the defendant on [his] THE DEFENDANT'S own
recognizance or [continuing bail as previously determined or fixing bail
pursuant to the provisions of article five hundred thirty] UNDER NON-
MONETARY CONDITIONS. Such an order is effective immediately and that
phase of the order staying or suspending execution of the judgment does
not become effective unless and until the defendant is released, either
on [his] THE DEFENDANT'S own recognizance or [upon the posting of bail]
UNDER NON-MONETARY CONDITIONS.
§ 67. Section 470.45 of the criminal procedure law is amended to read
as follows:
§ 470.45 Remission of case by appellate court to criminal court upon
reversal or modification of judgment; action by criminal
court.
A. 5441 26
Upon reversing or modifying a judgment and directing corrective
action, an appellate court must remit the case to the criminal court in
which the judgment was entered. Such criminal court must execute the
direction of the appellate court and must, depending upon the nature of
such direction, either discharge the defendant from custody[, exonerate
his bail] or issue a securing order.
§ 68. Subdivision 2 of section 550.10 of the criminal procedure law is
amended to read as follows:
2. If the defendant has been arraigned in the action and, by virtue
of a securing order, is either in the custody of the sheriff or at
liberty within the state on [his] THE DEFENDANT'S own recognizance [or
on bail, his], THE DEFENDANT'S attendance may be secured as follows:
(a) If the defendant is confined in the custody of the sheriff, the
court may direct the sheriff to produce [him] THE DEFENDANT;
(b) If the defendant is at liberty within the state as a result of an
order releasing [him] THE DEFENDANT on [his] THE DEFENDANT'S own recog-
nizance [or on bail], the court may secure [his] THE DEFENDANT'S attend-
ance by notification or by the issuance of a bench warrant.
§ 69. Section 570.36 of the criminal procedure law is amended to read
as follows:
§ 570.36 Commitment to await requisition[; bail].
If from the examination before the local criminal court it appears
that the person held is the person charged with having committed the
crime alleged, and, except in cases arising under section 570.14 or
570.16, that [he] THE ACCUSED has fled from justice, the local criminal
court must, by a warrant reciting the accusation, commit [him] THE
ACCUSED to the county jail for such a time not exceeding thirty days and
specified in the warrant, as will enable the arrest of the accused to be
made under a warrant of the governor on a requisition of the executive
authority of the state having jurisdiction of the offense[, unless the
accused gives bail as provided in the next section,] or until [he shall
be] THE ACCUSED HAS BEEN legally discharged.
§ 70. Section 570.38 of the criminal procedure law is REPEALED.
§ 71. Section 570.40 of the criminal procedure law is amended to read
as follows:
§ 570.40 Extension of time of commitment; adjournment.
If the accused is not arrested under warrant of the governor by the
expiration of the time specified in the warrant, bond or undertaking, a
local criminal court may discharge him or may recommit him for a further
period of sixty days, or for further periods not to exceed in the aggre-
gate sixty days[, or a supreme court justice or county judge may again
take bail for his appearance and surrender, as provided in section
570.38 but within a period not to exceed sixty days after the date of
such new bond or undertaking].
§ 72. Section 570.42 of the criminal procedure law is REPEALED.
§ 73. Section 570.52 of the criminal procedure law is amended to read
as follows:
§ 570.52 Fugitives from this state; duty of governor.
Whenever the governor of this state shall demand a person charged with
A crime or with escaping from confinement or breaking the terms of [his
bail,] THE PERSON'S probation or parole in this state from the executive
authority of any other state, or from the chief justice or an associate
justice of the supreme court of the District of Columbia authorized to
receive such demand under the laws of the United States, [he] THE
GOVERNOR shall issue a warrant under the seal of this state to some
agent commanding [him] THE AGENT receive the person so charged, if
A. 5441 27
delivered to him OR HER, and convey [him] SUCH PERSON to the proper
officer of the county in this state in which the offense was committed.
§ 74. Subdivision 2 of section 570.54 of the criminal procedure law,
as amended by section 84 of subpart B of part C of chapter 62 of the
laws of 2011, is amended to read as follows:
2. When there is required the return to this state of a person who has
been convicted of a crime in this state and has escaped from confinement
or broken the terms of [his or her bail,] THE PERSON'S probation or
parole, the district attorney of the county in which the offense was
committed, the warden of the institution or sheriff of the county, from
which escape was made, or the commissioner of the state department of
corrections and community supervision or [his or her] THE COMMISSIONER'S
designee shall present to the governor a written application for a
requisition for the return of such person, in which application shall be
stated the name of the person, the crime of which [he or she] THE PERSON
was convicted, the circumstances of [his or her] THE PERSON'S escape
from confinement or of the breach of the terms of [his or her bail,] THE
PERSON'S probation or parole, the state in which [he or she] THE PERSON
is believed to be, including the location of the person therein at the
time the application is made.
§ 75. Section 570.56 of the criminal procedure law, as amended by
section 85 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
§ 570.56 Expense of extradition.
The expenses of extradition must be borne by the county from which the
application for a requisition comes or, where the application is made by
the attorney general, by the county in which the offense was committed.
In the case of extradition of a person who has been convicted of a crime
in this state and has escaped from a state prison or reformatory, the
expense of extradition shall be borne by the department of corrections
and community supervision. Where a person has broken the terms of [his
or her] THE PERSON'S parole from a state prison or reformatory, the
expense of extradition shall be borne by the state department of
corrections and community supervision. Where a person has broken the
terms of [his or her bail or] THE PERSON'S probation, the expense of
extradition shall be borne by the county. Where a person has been
convicted but not yet confined to a prison, or has been sentenced for a
felony to a county jail or penitentiary and escapes, the expenses of
extradition shall be charged to the county from whose custody the escape
is effected. Nothing in this section shall preclude a county or the
department of corrections and community supervision, as the case may be,
from collecting the expenses involved in extradition from the person who
was extradited.
§ 76. Section 620.10 of the criminal procedure law is amended to read
as follows:
§ 620.10 Material witness order; defined.
A material witness order is a court order [(a)] adjudging a person a
material witness in a pending criminal action and [(b) fixing bail]
SETTING ANY NON-MONETARY CONDITIONS DETERMINED BY THE COURT TO BE
REQUIRED to secure [his] THE WITNESS' future attendance thereat.
§ 77. Subdivision 2 of section 620.40 of the criminal procedure law is
amended to read as follows:
2. If the proceeding is adjourned at the prospective witness'
instance, for the purpose of obtaining counsel or otherwise, the court
must order [him] THE PROSPECTIVE WITNESS to appear upon the adjourned
date. The court may further [fix bail] SET NON-MONETARY CONDITIONS to
A. 5441 28
secure [his] THE PROSPECTIVE WITNESS' appearance upon such date or until
the proceeding is completed [and, upon default thereof] OR IF NO NON-
MONETARY CONDITIONS ARE DETERMINED TO BE RELIABLY ABLE TO SECURE THE
PROSPECTIVE WITNESS' APPEARANCE, may commit [him] THE PROSPECTIVE
WITNESS to the custody of the sheriff for such period.
§ 78. Section 620.50 of the criminal procedure law, subdivision 3 as
amended by section 24 of part JJJ of chapter 59 of the laws of 2019, is
amended to read as follows:
§ 620.50 Material witness order; hearing, determination and execution of
order.
1. The hearing upon the application must be conducted as follows:
(a) The applicant has the burden of proving by a preponderance of the
evidence all facts essential to support a material witness order, and
any testimony so adduced must be given under oath;
(b) The prospective witness may testify under oath or may make an
unsworn statement;
(c) The prospective witness may call witnesses in [his] THE PROSPEC-
TIVE WITNESS' behalf, and the court must cause process to be issued for
any such witness whom [he] THE PROSPECTIVE WITNESS reasonably wishes to
call, and any testimony so adduced must be given under oath;
(d) Upon the hearing, evidence tending to demonstrate that the
prospective witness does or does not possess information material to the
criminal action in issue, or that [he] THE PROSPECTIVE WITNESS will or
will not be amenable or respond to a subpoena at the time [his] THE
PROSPECTIVE WITNESS' attendance will be sought, is admissible even
though it consists of hearsay.
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 PROSPECTIVE
WITNESS' attendance will be sought, it may issue a material witness
order, adjudging [him] SUCH PROSPECTIVE WITNESS a material witness and
[fixing bail] SETTING ANY NON-MONETARY CONDITIONS DETERMINED TO BE
NECESSARY BY THE COURT to secure [his] THE WITNESS' future attendance.
[3. A material witness order must be executed as follows:
(a) If the bail is posted and approved by the court, the witness must,
as provided in subdivision two of section 510.40 of this part, 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 two of
section 510.40 of this part, be committed to the custody of the sher-
iff.]
§ 79. Section 620.60 of the criminal procedure law is amended to read
as follows:
§ 620.60 Material witness order; vacation, modification and amendment
thereof.
1. At any time after a material witness order has been issued the
court must, upon application of such witness, with notice to the party
upon whose application the order was issued, and with opportunity to be
heard, make inquiry whether by reason of new or changed facts or circum-
stances the material witness order is no longer necessary or warranted,
or, if it is, whether the original [bail] NON-MONETARY CONDITIONS
currently [appears] APPEAR excessive. Upon making any such determi-
nation, the court must vacate the order. If its determination is that
A. 5441 29
the order is no longer necessary or warranted, it must[, as the situ-
ation requires, either] discharge the witness from custody [or exonerate
the bail]. If its determination is that the [bail is] NON-MONETARY
CONDITIONS ARE excessive, it must issue a new order [fixing bail in a
lesser amount or on less burdensome terms] SETTING LESS RESTRICTIVE
NON-MONETARY CONDITIONS.
2. At any time when a witness is at liberty [upon bail] UNDER NON-
MONETARY CONDITIONS pursuant to a material witness order, the court may,
upon application of the party upon whose application the order was
issued, with notice to the witness if possible and to [his] THE WITNESS'
attorney if any and opportunity to be heard, make inquiry whether, by
reason of new or changed facts or circumstances, the original [bail is]
NON-MONETARY CONDITIONS ARE no longer sufficient to secure the future
attendance of the witness at the pending action. Upon making such a
determination, the court must vacate the order and issue a new order
[fixing bail in a greater amount or on terms] SETTING NON-MONETARY
CONDITIONS more likely to secure the future attendance of the witness.
§ 80. Section 620.70 of the criminal procedure law is amended to read
as follows:
§ 620.70 Material witness order; compelling attendance of witness who
fails to appear.
If a witness at liberty [on bail] UNDER NON-MONETARY CONDITIONS pursu-
ant to a material witness order cannot be found or notified at the time
[his] THE WITNESS' appearance [as a witness] is required, or if after
notification [he] THE WITNESS fails to appear in such action or proceed-
ing as required, the court may issue a warrant, addressed to a police
officer, directing such officer to take such witness into custody
anywhere within the state and to bring [him] THE WITNESS to the court
forthwith.
§ 81. Subdivision 3 of section 640.10 of the criminal procedure law is
amended to read as follows:
3. Witness from another state subpoenaed to testify in this state. If
a person in any state, which by its laws has made provision for command-
ing persons within its borders to attend and testify in criminal prose-
cutions, or grand jury investigations commenced or about to commence, in
this state, is a material witness in a prosecution pending in a court of
record in this state, or in a grand jury investigation which has
commenced or is about to commence, a judge of such court may issue a
certificate under the seal of the court stating these facts and specify-
ing the number of days the witness will be required. This certificate
shall be presented to a judge of a court of record in the county in
which the witness is found.
If said certificate recommends that the witness be taken into immedi-
ate custody and delivered to an officer of this state to assure [his]
THE WITNESS' attendance in this state, such judge may direct that such
witness be forthwith brought before [him] THE JUDGE; and the judge being
satisfied of the desirability of such custody and delivery, for which
determination said certificate shall be prima facie proof, may order
that said witness be forthwith taken into custody and delivered to an
officer of this state, which order shall be sufficient authority to such
officer to take such witness into custody and hold [him] THE WITNESS
unless and until [he] THE WITNESS may be released by [bail] NON-MONETARY
CONDITIONS, recognizance, or order of the judge issuing the certificate.
If the witness is summoned to attend and testify in this state [he]
THE WITNESS shall be tendered the sum of [ten] FIFTY cents a mile for
each mile and [five dollars] ONE HUNDRED DOLLARS for each day that [he]
A. 5441 30
THE WITNESS is required to travel and attend as a witness. Such fees
shall be a proper charge upon the county in which such criminal prose-
cution or grand jury investigation is pending. A witness who has
appeared in accordance with the provisions of the subpoena shall not be
required to remain within this state a longer period of time than the
period mentioned in the certificate, unless otherwise ordered by the
court. If such witness fails without good cause to attend and testify as
directed in this subpoena, [he] THE WITNESS shall be punished in the
manner provided for the punishment of any witness who disobeys a subpoe-
na issued from a court of record in this state.
§ 82. Subdivision 5 of section 705.00 of the criminal procedure law,
as added by chapter 744 of the laws of 1988, is amended to read as
follows:
5. "Designated crime" means any crime included within the definition
of a "designated offense" in subdivision eight of section 700.05 of this
chapter, any criminal act as defined in subdivision one of section
460.10 of the penal law, [bail jumping in the first and second degree as
defined in sections 215.57 and 215.56 of such law], or aggravated
harassment as defined in subdivisions one and two of section 240.30 of
such law.
§ 83. Paragraph (c) of subdivision 3 of section 722.20 of the criminal
procedure law, as added by section 1-a of part WWW of chapter 59 of the
laws of 2017, is amended to read as follows:
(c) If there is not reasonable cause to believe that the defendant
committed any criminal act, the court must dismiss the felony complaint
and discharge the defendant from custody if [he] THE DEFENDANT is in
custody[, or if he is at liberty on bail, it must exonerate the bail].
§ 84. Paragraph (c) of subdivision 3 of section 722.21 of the criminal
procedure law, as added by section 1-a of part WWW of chapter 59 of the
laws of 2017, is amended to read as follows:
(c) If there is not reasonable cause to believe that the defendant
committed any criminal act, the court must dismiss the felony complaint
and discharge the defendant from custody if [he] THE DEFENDANT is in
custody[, or if he is at liberty on bail, it must exonerate the bail].
§ 85. Subdivision 2 of section 730.20 of the criminal procedure law is
amended to read as follows:
2. When the defendant is not in custody at the time a court issues an
order of examination, because [he] THE DEFENDANT was theretofore
released on [bail or on his] THE DEFENDANT'S own recognizance OR UNDER
NON-MONETARY CONDITIONS, the court may direct that the examination be
conducted on an out-patient basis, and at such time and place as the
director shall designate. If, however, the director informs the court
that hospital confinement of the defendant is necessary for an effective
examination, the court may direct that the defendant be confined in a
hospital designated by the director until the examination is completed.
§ 86. Subdivision 1 of section 730.50 of the criminal procedure law,
as amended by chapter 7 of the laws of 2013, is amended to read as
follows:
1. When a superior court, following a hearing conducted pursuant to
subdivision three or four of section 730.30 of this article, is satis-
fied that the defendant is not an incapacitated person, the criminal
action against [him or her] THE DEFENDANT must proceed. If it is satis-
fied that the defendant is an incapacitated person, or if no motion for
such a hearing is made, it must adjudicate [him or her] THE DEFENDANT an
incapacitated person, and must issue a final order of observation or an
order of commitment. When the indictment does not charge a felony or
A. 5441 31
when the defendant has been convicted of an offense other than a felony,
such court (a) must issue a final order of observation committing the
defendant to the custody of the commissioner for care and treatment in
an appropriate institution for a period not to exceed ninety days from
the date of such order, provided, however, that the commissioner may
designate an appropriate hospital for placement of a defendant for whom
a final order of observation has been issued, where such hospital is
licensed by the office of mental health and has agreed to accept, upon
referral by the commissioner, defendants subject to final orders of
observation issued under this subdivision, and (b) must dismiss the
indictment filed in such court against the defendant, and such dismissal
constitutes a bar to any further prosecution of the charge or charges
contained in such indictment. Upon the issuance of a final order of
observation, the district attorney shall immediately transmit to the
commissioner, in a manner intended to protect the confidentiality of the
information, a list of names and contact information of persons who may
reasonably be expected to be the victim of any assault or any violent
felony offense, as defined in the penal law, or any offense listed in
section 530.11 of this [chapter] PART which would be carried out by the
committed person; provided that the person who reasonably may be
expected to be a victim does not need to be a member of the same family
or household as the committed person. When the indictment charges a
felony or when the defendant has been convicted of a felony, it must
issue an order of commitment committing the defendant to the custody of
the commissioner for care and treatment in an appropriate institution
or, upon the consent of the district attorney, committing [him or her]
THE DEFENDANT to the custody of the commissioner for care and treatment
on an out-patient basis, for a period not to exceed one year from the
date of such order. [Upon the issuance of an order of commitment, the
court must exonerate the defendant's bail if he or she was previously at
liberty on bail; provided, however, that exoneration of bail is not
required when a defendant is committed to the custody of the commission-
er for care and treatment on an out-patient basis.] When the defendant
is in the custody of the commissioner pursuant to a final order of
observation, the commissioner or [his or her] THE COMMISSIONER'S desig-
nee, which may include the director of an appropriate institution, imme-
diately upon the discharge of the defendant, must certify to such court
that [he or she] THE COMMISSIONER OR THE COMMISSIONER'S DESIGNEE has
complied with the notice provisions set forth in paragraph (a) of subdi-
vision six of section 730.60 of this article.
§ 87. Subdivision 1 of section 70 of the general business law, as
amended by chapter 115 of the laws of 2015, is amended to read as
follows:
1. The department of state shall have the power to issue licenses to
private investigators. Nothing in this article shall prevent a private
investigator licensed hereunder from performing the services of a watch,
guard or patrol agency [or bail enforcement agent] as defined herein;
however, a watch, guard or patrol agency [or bail enforcement agent] may
not perform the services of a private investigator as defined herein.
§ 88. Section 70-a of the general business law, as added by chapter
115 of the laws of 2015, is amended to read as follows:
§ 70-a. [Bail enforcement agents and watch] WATCH, guard or patrol
agencies. 1. The department of state shall have the power to issue
separate licenses to [bail enforcement agents and to] watch, guard or
patrol agencies. Nothing in this article shall prevent a private inves-
tigator licensed hereunder from performing the services of a watch,
A. 5441 32
guard or patrol agency [or bail enforcement agent] as defined in this
article; however, a watch, guard or patrol agency [or bail enforcement
agent] may not perform the services of a private investigator as defined
in this article.
2. No person, firm, company, partnership, limited liability company or
corporation shall engage in the business of [bail enforcement agents or]
the business of watch, guard or patrol agency, or advertise his, their
or its business to be that of [bail enforcement agent or] watch, guard
or patrol agency, notwithstanding the name or title used in describing
such agency or notwithstanding the fact that other functions and
services may also be performed for fee, hire or reward, without having
first obtained from the department of state a license so to do, as here-
inafter provided, for each bureau, agency, sub-agency, office and branch
office to be owned, conducted, managed or maintained by such person,
firm, company, partnership, limited liability company or corporation for
the conduct of such business.
3. Any person, firm, company, partnership or corporation who violates
any provision of this section shall be guilty of a class B misdemeanor.
§ 89. Subdivisions 1-a and 4 of section 71 of the general business law
are REPEALED.
§ 90. The opening paragraph of section 72 of the general business law,
as amended by chapter 562 of the laws of 2000, is amended to read as
follows:
Any person, firm, partnership, limited liability company or corpo-
ration intending to conduct the business of private investigator, busi-
ness of [bail enforcement agent or the business of] watch, guard or
patrol agency, and any person, firm, partnership, limited liability
company or corporation intending to conduct the business of furnishing
or supplying information as to the personal character of any person or
firm, or as to the character or kind of the business and occupation of
any person, firm or corporation, society or association or any person or
group of persons, or intending to own, conduct, manage or maintain a
bureau or agency for the above mentioned purposes, or while engaged in
other lawful business activities also intending to engage in any one or
more of the activities set forth in section seventy-one of this article
except exclusively as to the financial rating, standing, and credit
responsibility of persons, firms, companies or corporations or as to
personal habits and financial responsibility of applicants for insurance
indemnity bonds or commercial credit or of claimants under insurance
policies shall, for each such bureau or agency and for each and every
sub-agency, office and branch office to be owned, conducted, managed or
maintained by such person, firm, partnership, limited liability company
or corporation for the conduct of such business, file in the office of
the department of state a written application, on forms provided by the
department containing such information and documentation, including
fingerprints, as the secretary of state may require by rule and regu-
lation.
§ 91. Subdivisions 1-a and 1-b of section 72 of the general business
law are REPEALED.
§ 92. Subdivision 1 of section 73 of the general business law, as
amended by chapter 562 of the laws of 2000, is amended to read as
follows:
1. The secretary of state shall have the power to enforce the
provisions of this article and article seven-A of this chapter and upon
complaint of any person, or on [his] THE SECRETARY OF STATE'S own initi-
ative, to investigate any violation thereof or to investigate the busi-
A. 5441 33
ness, business practices and business methods of any person, firm,
limited liability company, partnership or corporation applying for or
holding a license as a private investigator[, bail enforcement agent] or
watch, guard or patrol agency, if in the opinion of the secretary of
state such investigation is warranted. Each such applicant or licensee
shall be obliged, on request of the secretary of state, to supply such
information, books, papers or records as may be required concerning his,
HER, their or its business, business practices or business methods, or
proposed business practices or methods. Failure to comply with a lawful
request of THE secretary shall be a ground for denying an application
for a license, or for revoking, suspending, or failing to renew a
license issued under this article.
§ 93. Subdivision 1 of section 74 of the general business law, as
amended by chapter 562 of the laws of 2000, paragraph (b) as further
amended by section 104 of part A of chapter 62 of the laws of 2011, is
amended to read as follows:
1. (a) The application shall be accompanied by a non-refundable fee,
payable to the department of state for the use of the state, for each
certificate of license, as hereinbelow enumerated, issued to the appli-
cant, if the applicant be an individual, of four hundred dollars for a
license as private investigator [or bail enforcement agent] or a fee of
three hundred dollars for a license as watch, guard or patrol agency, or
if the applicant be a firm, partnership, limited liability company or
corporation, a fee of five hundred dollars for a license as private
investigator [or bail enforcement agent] or a fee of four hundred
dollars for a license as watch, guard or patrol agency.
(b) When the application shall have been examined and such further
inquiry and investigation made as the secretary of state shall deem
proper, and when the secretary of state shall be satisfied therefrom of
the good character, competency and integrity of such applicant, or, if
the applicant be a firm or partnership, the individual members thereof,
or if the applicant be a limited liability company, the individual
members thereof, or if the applicant be a corporation, the president,
secretary, treasurer and all other officers and all directors thereof,
and each stockholder owning ten per centum or more of the stock and a
period to ten days from the date of the filing of the application shall
have passed, the department of state shall issue and deliver to such
applicant a certificate of license to conduct such business and to own,
conduct or maintain a bureau, agency, sub-agency, office or branch
office for the conduct of such business on the premises stated in such
application upon the applicant's executing, delivering and filing in the
office of such department a surety company bond in the sum of ten thou-
sand dollars[; provided however, that an applicant for a license as a
bail enforcement agent shall execute, deliver and file with the office
of such department a surety company bond in the sum of five hundred
thousand dollars, conditioned for the faithful and honest conduct of
such business by such applicant, which surety bond must be written by a
company recognized and approved by the superintendent of financial
services of the state, and approved by the department of state with
respect to its form, manner of execution and sufficiency provided,
further, however, before a license is issued to a non-resident the
applicant must file with the secretary of state a written consent to the
jurisdiction of the courts of New York (i) in any case or cases arising
from any contract for the performance of private investigative services
as private investigator, bail enforcement agent or watch, guard or
patrol agency, made within the state or to be performed, wholly or in
A. 5441 34
part, within the state or in any way connected with the conduct of busi-
ness within the state, and (ii) in any case or cases arising from any
tort occurring within the state or occurring in connection with the
business of the licensee within the state.] The license as private
investigator[, bail enforcement agent] or watch, guard or patrol agency
granted pursuant to this article shall last for a period of two years,
but shall be revocable at all times by the department of state for cause
shown. Such bond shall be taken in the name of the people of the state
of New York, and any person injured by the violation of any of the
provisions of this article or by the wilful, malicious and wrongful act
of the principal or employee may bring an action against such principal,
employee or both on said bond in his own name to recover damages
suffered by reason of such wilful, malicious and wrongful act. In each
and every suit, or prosecution arising out of this article, the agency
of any employee as to the employment and as to acting in the course of
his employment, shall be presumed. The license certificate shall be in a
form to be prescribed by the secretary of state and shall specify the
full name of the applicant, the location of the principal office or
place of business and the location of the bureau, agency, sub-agency,
office or branch office for which the license is issued, the date on
which it is issued, the date on which it will expire and the names and
residences of the applicant or applicants filing the statement required
by section seventy-two of this article upon which the license is issued
and in the event of a change of any such address or residence the
department of state shall be duly notified in writing of such change
within twenty-four hours thereafter, and failure to give such notifica-
tion shall be sufficient cause for revocation of such license. No such
license as private investigator, [bail enforcement agent] or watch,
guard or patrol agency shall be issued to a person under the age of
twenty-five years.
(c) The secretary of state shall receive a non-refundable examination
fee of fifteen dollars from each person who takes an examination to
qualify for application for licensure pursuant to this article. Fees
paid to the department of state pursuant to this article shall be depos-
ited in the business and licensing services account established pursuant
to section ninety-seven-y of the state finance law.
§ 94. Section 74-a of the general business law is REPEALED.
§ 95. Section 80 of the general business law, as amended by chapter
562 of the laws of 2000, is amended to read as follows:
§ 80. License certificates, pocket cards or badges. Upon the issuing
of a license as hereinbefore provided the department of state shall
issue to each person, partner, member of a limited liability company or
officer of a corporation making and filing a statement required by
section seventy-two of this article a pocket card of such size and
design as the department of state may prescribe, which card shall
contain a photograph of the licensee, the name and business address of
the licensee and the imprint or impress of the seal of the department of
state which pocket card shall be evidence of due authorization pursuant
to the terms of this article. All persons to whom such license certif-
icates or pocket cards shall have been issued shall be responsible for
the safe keeping of the same, and shall not lend, enable, let or allow
any other person to have, hold, use or display such certificate or pock-
et card; and any person so parting with such a license certificate or
pocket card or displaying the same without authority, or who shall
display any license certificate or pocket card purporting to authorize
the holder thereof to act as a private investigator[, bail enforcement
A. 5441 35
agent] or watch, guard or patrol agency, unless the same shall have been
duly issued pursuant to the provisions of this article, shall be guilty
of a misdemeanor. Failure to comply with the provisions of this section
shall be sufficient cause for revocation of such license, and all such
certificates or pocket cards shall be returned to the department of
state within seventy-two hours after the holder thereof has received
notice in writing of the expiration or revocation of such license. It
shall be unlawful for a holder of a license or anyone else to distrib-
ute, possess, use or display any license certificate, pocket card,
badge, shield or any other indicia of a license status pursuant to this
article except as set forth in this article. Any person who is a licen-
see hereunder or an officer or authorized employee of any other person,
firm, limited liability company or corporation, whether or not licensed
hereunder, while performing the services of a watchman, guard or private
patrolman, may wear on his outer clothing a rectangular metal or woven
insignia approved by the department of state, which insignia shall not
be larger than three inches high nor four inches wide with an
inscription thereon containing the word "watchman", "guard", "patrol" or
"special service" and the name of such licensee or employer. It shall be
unlawful for any employer, whether or not licensed hereunder, to wear or
distribute to his, their or its employees any employment identification
except as authorized in this article and approved by the secretary of
state. Any person violating any provision of this section shall be guil-
ty of a misdemeanor.
§ 96. Subdivision 1 of section 81 of the general business law, as
amended by section 14 of part LL of chapter 56 of the laws of 2010, is
amended to read as follows:
1. The holder of any license certificate issued pursuant to this arti-
cle may employ to assist [him] THE HOLDER in [his] THE HOLDER'S work of
private detective or investigator [or bail enforcement agent] as
described in section seventy-one of this article and in the conduct of
such business as many persons as he may deem necessary, and shall at all
times during such employment be legally responsible for the good conduct
in the business of each and every person so employed.
No holder of any unexpired license certificate issued pursuant to this
article shall knowingly employ in connection with his or its business in
any capacity whatsoever, any person who has been convicted of a felony
or any of the offenses specified in subdivision two of section seventy-
four of this article, and who has not subsequent to such conviction
received executive pardon therefor removing this disability, or 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 section because of such a conviction, or any
person whose private detective or investigator's license [or bail
enforcement agent's license] was revoked or application for such license
was denied by the department of state or by the authorities of any other
state or territory because of conviction of any of such offenses. Should
the holder of an unexpired license certificate falsely state or repre-
sent that a person is or has been in his employ, such false statement or
misrepresentation shall be sufficient cause for the revocation of such
license. Any person falsely stating or representing that he is or has
been a detective or employed by a detective agency [or that he is or has
been a bail enforcement agent or employed by a bail enforcement agency]
shall be guilty of a misdemeanor.
§ 97. Section 83 of the general business law, as amended by chapter
127 of the laws of 2015, is amended to read as follows:
A. 5441 36
§ 83. Application of article. Nothing in this article shall apply to
any detective or officer belonging to the police force of the state, or
any county, city, town or village thereof, appointed or elected by due
authority of law, or to any person in the employ of any police force or
police department of the state, or of any county, city, town or village
thereof while engaged in the performance of their official duties; nor
to any person, firm, limited liability company, partnership, corpo-
ration, or any bureau or agency, whose business is exclusively the
furnishing of information as to the business and financial standing, and
credit responsibility of persons, firms, or corporations, or as to the
personal habits and financial responsibility of applicants for insur-
ance, indemnity bonds or commercial credit or of claimants under insur-
ance policies, nor to any person licensed as a certified public account-
ant while engaged in the practice of public accountancy as defined in
article one hundred forty-nine of the education law or any firm, limited
liability company, partnership or corporation registered as a certified
public accounting firm by the commissioner of education while performing
services regulated under article one hundred forty-nine of the education
law or Part 70 of the regulations of the commissioner of education; and
whose business does not embrace other activities described in section
seventy-one of this article; or whose business is licensed by the
commissioner of labor under the provisions of section twenty-four-a or
subdivision three-b of section fifty of the workers' compensation law or
whose business is representing employers or groups of employers insured
under the workers' compensation law in the state insurance fund; nor to
any corporation duly authorized by the state to operate a central burg-
lar or fire alarm protection business; nor to any person while engaged
in the business of adjuster for an insurance company nor to any public
adjuster licensed by the superintendent of financial services under the
insurance law nor to any person regularly employed as special agent,
detective or investigator exclusively by one employer in connection with
the affairs of that employer only nor to any charitable or philanthropic
society or association duly incorporated under the laws of the state and
which is organized and maintained for the public good and not for
private profit, nor shall anything in this article contained be
construed to affect in any way attorneys or counselors at law in the
regular practice of their profession, but such exemption shall not enure
to the benefit of any employee or representative of such attorney or
counselor at law who is not employed solely, exclusively and regularly
by such attorney or counselor at law. No person, firm, limited liabil-
ity company, partnership, corporation or any bureau or agency exempted
hereunder from the application of this article shall perform any manner
of private investigator[, bail enforcement agent] or watch, guard or
patrol agency service as described in section seventy-one of this arti-
cle, for any other person, firm, limited liability company, partnership,
corporation, bureau or agency whether for fee, hire, reward, other
compensation, remuneration, or consideration or as an accommodation
without fee, reward or remuneration or by a reciprocal arrangement
whereby such services are exchanged on request of parties thereto. The
commission of a single act prohibited by this article shall constitute a
violation thereof.
Nothing in this article shall be construed to affect or prohibit the
right of any person to form or become affiliated with or to continue as
a member of any union, association, society or organization of his own
choosing.
A. 5441 37
§ 98. Subdivision 1 of section 84 of the general business law, as
amended by chapter 84 of the laws of 2001, is amended to read as
follows:
1. It is unlawful for the holder of a license, issued under this arti-
cle, or for any employee of such licensee, knowingly to commit any of
the following acts within or without the state of New York: to incite,
encourage, or aid in the incitement or encouragement of any person or
persons who have become a party to any strike, to do unlawful acts
against the person or property of any one, or to incite, stir up, create
or aid in the inciting of discontent or dissatisfaction among the
employees of any person, firm, limited liability company or corporation
with the intention of having them strike; to interfere or prevent lawful
and peaceful picketing during strikes; to interfere with, restrain, or
coerce employees in the exercise of their right to form, join or assist
any labor organization of their own choosing; to interfere or hinder the
lawful or peaceful collective bargaining between employees and employ-
ers; to pay, offer, or give any money, gratuity, favor, consideration,
or other thing of value, directly or indirectly, to any person for any
verbal or written report of the lawful activities of employees in the
exercise of their right of self-organization, to form, join, or assist
labor organizations and to bargain collectively through representatives
of their own choosing; to advertise for, recruit, furnish or replace or
offer to furnish or replace for hire or reward, within or without the
state of New York, any help or labor, skilled or unskilled, or to
furnish or offer to furnish armed guards, other than armed guards there-
tofore regularly employed for the protection of payrolls, property or
premises, for service upon property which is being operated in antic-
ipation of or during the course or existence of a strike, or furnish
armed guards upon the highways, for persons involved in labor disputes
or to furnish or offer to furnish to employers or their agents, any
arms, munitions, tear gas implements, or any other weapons; or to send
letters or literature to employers offering to eliminate labor unions or
distribute or circulate any list of members of a labor organization, or
to advise any person of the membership of an individual in a labor
organization for the express purpose of preventing those so listed or
named from obtaining or retaining employment. The violation of any of
the provisions of this section shall constitute a misdemeanor and shall
be punishable by a fine of not less than five hundred dollars, or one
year's imprisonment or both. It is unlawful for the holder of a license
to collect or offer or attempt to collect or directly or indirectly
engage in the business of collecting of debts or claims of any kind,
excepting that the taking possession, on behalf of a secured party
having the right to do so under section 9--609 of the uniform commercial
code, of property in the possession of a debtor who has defaulted in the
performance of a security agreement secured by such property, shall not
be considered a violation of this section and excepting further that the
secretary of state may grant exemption from this prohibition in the
collection of debts to licensees who are principally engaged in the
business of credit investigation and credit reporting. It is unlawful
for the holder of a license to furnish or perform any services described
in subdivisions one and two of section seventy-one of this article on a
contingent or percentage basis or to make or enter into any agreement
for furnishing services of any kind or character, by the terms or condi-
tions of which agreement the compensation to be paid for such services
to the holder of a license is partially or wholly contingent or based
upon a percentage of the amount of money or property recovered or
A. 5441 38
dependent in any way upon the result achieved. It shall be unlawful for
a holder of a license to use, display, cause to be printed or distrib-
uted, cards, letter-heads, circulars, brochures or any other advertising
material or advertisement in which any name or indicia of the license
status of the licensee is set forth in any manner other than the name
under which the licensee is duly licensed. It is unlawful for a licensed
private investigator [or bail enforcement agent] to own, have or possess
or in any manner to wear, exhibit or display, a shield or badge of any
material, kind, nature or description, in the performance of any of the
activities as private investigator [or bail enforcement agent], as
distinguished from watch, guard or patrol agency, under this article. It
is unlawful for a licensed private investigator [or bail enforcement
agent] to issue to any person employed by such licensee, a badge or
shield of any material, kind, nature or description, and it is unlawful
for any person employed by such licensee to possess, carry or display a
badge or shield of any description provided that any licensed private
investigator [or bail enforcement agent] who also engages in the busi-
ness of watch, guard or patrol agency may possess, use or display or
issue to employees in the conduct of such business, a rectangular metal
or woven insignia to be worn on the outer clothing and approved by the
department of state, which insignia shall not be larger than three inch-
es high or four inches wide with an inscription thereon containing the
word "watchman", "guard", "patrol" or "special service" and the name of
the licensee. It shall be unlawful for any licensee to publish or cause
to be published any advertisement, letter-head, circular, statement or
phrase of any sort which suggests that the licensee is an official
police or investigative agency or any other agency instrumentality of
the state of New York or any of its political subdivisions. It shall be
unlawful for any licensee to make any statement which would reasonably
cause another person to believe that the licensee is a police officer or
official investigator of the state of New York or any of its political
subdivisions. It shall be unlawful for a licensee to offer, by radio,
television, newspaper advertisement or any other means of communication,
to perform services at any location which is merely the location of a
telephone answer service unless full disclosure of that fact is made in
the advertisement.
§ 99. Subsection (a) of section 1107 of the insurance law is REPEALED
and subsections (b) and (c) are relettered subsections (a) and (b).
§ 100. Article 68 of the insurance law is REPEALED.
§ 101. Paragraph (j) of subdivision 2 of section 212 of the judiciary
law is REPEALED.
§ 102. Section 481 of the judiciary law, as added by chapter 1031 of
the laws of 1965, is amended to read as follows:
§ 481. Aiding, assisting or abetting the solicitation of persons or
the procurement of a retainer for or on behalf of an attorney. It shall
be unlawful for any person in the employ of or in any capacity attached
to any hospital, sanitarium, police department, prison or court[, or for
a person authorized to furnish bail bonds,] to communicate directly or
indirectly with any attorney or person acting on his behalf for the
purpose of aiding, assisting or abetting such attorney in the solicita-
tion of legal business or the procurement through solicitation of a
retainer, written or oral, or any agreement authorizing the attorney to
perform or render legal services.
§ 103. Paragraph 2 of subdivision A of section 753 of the judiciary
law is REPEALED.
A. 5441 39
§ 104. Section 798 of the judiciary law, as amended by chapter 708 of
the laws of 1986, is amended to read as follows:
§ 798. Remitting fines and penalties and discharging recognizances.
Upon the application of a person, who has been fined by a court, or of a
person whose recognizance has become forfeited, [or of his surety or of
a person who has posted cash bail, or bail by credit card or similar
device which has been forfeited,] the county court of the county in
which the term of the court was held, where the fine was imposed, or the
recognizance taken, may, except as otherwise prescribed in section seven
hundred and ninety-nine; upon good cause shown, and upon such terms as
it deems just, make an order, remitting the fine, wholly or partly, or
the forfeiture of the recognizance, or part of the penalty thereof; or
it may discharge the recognizance. If a fine so remitted has been paid,
the county treasurer, or other officer, in whose hands the money
remains, must pay the same, or the part remitted, according to the
order.
§ 105. Sections 215.55, 215.56 and 215.57 of the penal law are
REPEALED.
§ 106. This act shall take effect immediately.
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