S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6963--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 14, 2021
                                ___________
 
 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
   tee  on Codes -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
   relation to providing judges more discretion regarding securing orders
   and  limiting the lengths of certain orders and increasing the lengths
   of certain prison sentences; to repeal certain provisions of the crim-
   inal procedure law, the judiciary law, the executive law and the penal
   law relating thereto; to repeal certain provisions  of  the  executive
   law  relating  to  the  use of force by law enforcement; and to repeal
   certain provisions of the criminal procedure law relating to discovery
   and motions to vacate judgments
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 3 of section 150.10 of the criminal procedure
 law is REPEALED.
   § 2. Subdivision 1 of section 150.20 of the criminal procedure law, as
 amended by section 1-a of part JJJ of chapter 59 of the laws of 2019, is
 amended to read as follows:
   1. [(a)] Whenever a police officer is authorized pursuant  to  section
 140.10 of this title to arrest a person without a warrant for an offense
 other than a class A, B, C or D felony or a violation of section 130.25,
 130.40,  205.10,  205.17,  205.19 or 215.56 of the penal law, he [shall,
 except as set out in paragraph (b) of  this  subdivision]  OR  SHE  MAY,
 subject  to  the  provisions  of  subdivisions three and four of section
 150.40 of this [title] ARTICLE, instead issue to  and  serve  upon  such
 person an appearance ticket.
   [(b) An officer is not required to issue an appearance ticket if:
   (i)  the  person  has  one or more outstanding local criminal court or
 superior court warrants;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10564-04-1
              

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   (ii) the person has failed to appear in court proceedings in the  last
 two years;
   (iii) the person has been given a reasonable opportunity to make their
 verifiable  identity  and a method of contact known, and has been unable
 or unwilling to do so, so  that  a  custodial  arrest  is  necessary  to
 subject  the  individual  to  the  jurisdiction  of  the  court. For the
 purposes of this section, an officer may  rely  on  various  factors  to
 determine  a  person's  identity,  including but not limited to personal
 knowledge of such person, such person's self-identification,  or  photo-
 graphic  identification.  There  is no requirement that a person present
 photographic identification in order to be issued an  appearance  ticket
 in  lieu  of arrest where the person's identity is otherwise verifiable;
 however, if offered by such person, an officer shall accept as  evidence
 of  identity the following: a valid driver's license or non-driver iden-
 tification card issued by the commissioner of motor vehicles, the feder-
 al government, any United States territory, commonwealth or  possession,
 the  District  of  Columbia,  a state government or municipal government
 within the United States or a provincial government of the  dominion  of
 Canada;  a  valid passport issued by the United States government or any
 other country; an identification card issued by the armed forces of  the
 United  States;  a  public  benefit card, as defined in paragraph (a) of
 subdivision one of section 158.00 of the penal law;
   (iv) the person is charged with a crime between members  of  the  same
 family  or household, as defined in subdivision one of section 530.11 of
 this chapter;
   (v) the person is charged with a crime defined in article 130  of  the
 penal law;
   (vi)  it  reasonably  appears  the person should be brought before the
 court for consideration of issuance of an order of protection,  pursuant
 to  section  530.13  of this chapter, based on the facts of the crime or
 offense that the officer has reasonable cause to believe occurred;
   (vii) the person is charged with a  crime  for  which  the  court  may
 suspend or revoke his or her driver license;
   (viii)  it  reasonably  appears  to the officer, based on the observed
 behavior of the individual in the present contact with the  officer  and
 facts regarding the person's condition that indicates a sign of distress
 to  such  a  degree  that  the  person would face harm without immediate
 medical or mental health care, that bringing the person before the court
 would be in such person's interest in addressing  that  need;  provided,
 however,  that  before  making  the  arrest,  the officer shall make all
 reasonable  efforts  to  assist  the  person  in  securing   appropriate
 services.]
   § 3. The  criminal  procedure  law  is amended by adding a new section
 150.30 to read as follows:
 § 150.30 APPEARANCE TICKET; ISSUANCE AND SERVICE  THEREOF  AFTER  ARREST
            UPON POSTING OF PRE-ARRAIGNMENT BAIL.
   1.  ISSUANCE  AND  SERVICE OF AN APPEARANCE TICKET BY A POLICE OFFICER
 FOLLOWING AN ARREST WITHOUT A WARRANT, AS PRESCRIBED IN SUBDIVISION  TWO
 OF  SECTION  150.20  OF  THIS  ARTICLE, MAY BE MADE CONDITIONAL UPON THE
 POSTING OF A SUM OF MONEY, KNOWN AS PRE-ARRAIGNMENT BAIL. IN SUCH  CASE,
 THE  BAIL BECOMES FORFEIT UPON FAILURE OF SUCH PERSON TO COMPLY WITH THE
 DIRECTIONS OF THE APPEARANCE TICKET. THE PERSON POSTING SUCH  BAIL  MUST
 COMPLETE  AND SIGN A FORM WHICH STATES (A) THE NAME, RESIDENTIAL ADDRESS
 AND OCCUPATION OF EACH PERSON POSTING CASH BAIL; AND (B)  THE  TITLE  OF
 THE  CRIMINAL  ACTION  OR  PROCEEDING  INVOLVED;  AND (C) THE OFFENSE OR
 OFFENSES WHICH ARE THE SUBJECTS OF THE ACTION  OR  PROCEEDING  INVOLVED,

 A. 6963--A                          3
 
 AND  THE  STATUS  OF  SUCH ACTION OR PROCEEDING; AND (D) THE NAME OF THE
 PRINCIPAL AND THE NATURE OF HIS OR HER INVOLVEMENT IN OR CONNECTION WITH
 SUCH ACTION OR PROCEEDING; AND (E) THE  DATE  OF  THE  PRINCIPAL'S  NEXT
 APPEARANCE  IN COURT; AND (F) AN ACKNOWLEDGEMENT THAT THE CASH BAIL WILL
 BE FORFEITED IF THE PRINCIPAL DOES NOT COMPLY WITH THE DIRECTIONS OF THE
 APPEARANCE TICKET; AND (G) THE AMOUNT OF MONEY POSTED AS CASH BAIL. SUCH
 PRE-ARRAIGNMENT BAIL MAY BE POSTED AS PROVIDED  IN  SUBDIVISION  TWO  OR
 THREE OF THIS SECTION.
   2.  A  DESK  OFFICER  IN  CHARGE  AT A POLICE STATION, COUNTY JAIL, OR
 POLICE HEADQUARTERS, OR ANY OF HIS OR HER SUPERIOR OFFICERS, MAY IN SUCH
 PLACE, FIX PRE-ARRAIGNMENT BAIL, IN AN AMOUNT PRESCRIBED IN THIS  SUBDI-
 VISION,  AND UPON THE POSTING THEREOF MUST ISSUE AND SERVE AN APPEARANCE
 TICKET UPON THE ARRESTED PERSON,  GIVE  A  RECEIPT  FOR  THE  BAIL,  AND
 RELEASE SUCH PERSON FROM CUSTODY. SUCH PRE-ARRAIGNMENT BAIL MAY BE FIXED
 IN THE FOLLOWING AMOUNTS:
   (A)  IF  THE ARREST WAS FOR A CLASS E FELONY, ANY AMOUNT NOT EXCEEDING
 SEVEN HUNDRED FIFTY DOLLARS.
   (B) IF THE ARREST WAS FOR  A  CLASS  A  MISDEMEANOR,  ANY  AMOUNT  NOT
 EXCEEDING FIVE HUNDRED DOLLARS.
   (C)  IF  THE  ARREST  WAS FOR A CLASS B MISDEMEANOR OR AN UNCLASSIFIED
 MISDEMEANOR, ANY AMOUNT NOT EXCEEDING TWO HUNDRED FIFTY DOLLARS.
   (D) IF THE ARREST WAS FOR A PETTY OFFENSE, ANY  AMOUNT  NOT  EXCEEDING
 ONE HUNDRED DOLLARS.
   3.  A  POLICE  OFFICER,  WHO  HAS  ARRESTED A PERSON WITHOUT A WARRANT
 PURSUANT TO SUBDIVISION TWO OF SECTION 150.20  OF  THIS  ARTICLE  FOR  A
 TRAFFIC  INFRACTION,  MAY, WHERE HE OR SHE REASONABLY BELIEVES THAT SUCH
 ARRESTED PERSON IS NOT LICENSED TO OPERATE A MOTOR VEHICLE BY THIS STATE
 OR ANY STATE COVERED BY A RECIPROCAL COMPACT GUARANTEEING APPEARANCE  AS
 IS PROVIDED IN SECTION FIVE HUNDRED SEVENTEEN OF THE VEHICLE AND TRAFFIC
 LAW,  FIX PRE-ARRAIGNMENT BAIL IN THE AMOUNT OF FIFTY DOLLARS; PROVIDED,
 HOWEVER, SUCH BAIL SHALL BE POSTED BY MEANS OF A CREDIT CARD OR  SIMILAR
 DEVICE.   UPON THE POSTING THEREOF, SAID OFFICER MUST ISSUE AND SERVE AN
 APPEARANCE TICKET UPON THE ARRESTED PERSON, GIVE A RECEIPT FOR THE BAIL,
 AND RELEASE SUCH PERSON FROM CUSTODY.
   4. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ESTABLISH A SYSTEM  FOR
 THE  POSTING  OF PRE-ARRAIGNMENT BAIL BY MEANS OF CREDIT CARD OR SIMILAR
 DEVICE, AS IS PROVIDED BY SECTION TWO HUNDRED TWELVE  OF  THE  JUDICIARY
 LAW. THE HEAD OF EACH POLICE DEPARTMENT OR POLICE FORCE AND OF ANY STATE
 DEPARTMENT,  AGENCY, BOARD, COMMISSION OR PUBLIC AUTHORITY HAVING POLICE
 OFFICERS WHO FIX PRE-ARRAIGNMENT BAIL AS PROVIDED HEREIN  MAY  ELECT  TO
 USE  THE  SYSTEM ESTABLISHED BY THE CHIEF ADMINISTRATOR OR MAY ESTABLISH
 SUCH OTHER SYSTEM FOR THE POSTING OF PRE-ARRAIGNMENT BAIL  BY  MEANS  OF
 CREDIT CARD OR SIMILAR DEVICE AS HE OR SHE MAY DEEM APPROPRIATE.
   § 4. Subdivision 1 of section 150.40 of the criminal procedure law, as
 amended  by  section  8 of part UU of chapter 56 of the laws of 2020, is
 amended to read as follows:
   1. An appearance ticket must be made returnable [at a date as soon  as
 possible,  but in no event later than twenty days from the date of issu-
 ance; or at the next scheduled session of the appropriate local criminal
 court if such session is scheduled to occur more than twenty  days  from
 the  date  of  issuance; or at a later date, with the court's permission
 due to enrollment in a pre-arraignment diversion program. The appearance
 ticket shall be made returnable] in a local criminal court designated in
 section 100.55 of this title as one with which an  information  for  the
 offense in question may be filed.
   § 5. Section 150.80 of the criminal procedure law is REPEALED.

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   §  6. Subdivision 2 of section 245.30 of the criminal procedure law is
 REPEALED.
   §  7. Subdivision 9 of section 440.10 of the criminal procedure law is
 REPEALED.
   § 8. Subparagraph (ii) of paragraph (i) and paragraph (j) of  subdivi-
 sion  1  of  section 440.10 of the criminal procedure law, as amended by
 chapter 131 of the laws of 2019, are amended to read as follows:
   (ii) official documentation of the defendant's status as a  victim  of
 trafficking,  compelling  prostitution  or trafficking in persons at the
 time of the offense from a federal, state  or  local  government  agency
 shall  create  a  presumption  that the defendant's participation in the
 offense was a result of having been a victim of sex trafficking, compel-
 ling prostitution or trafficking in persons, but shall not  be  required
 for granting a motion under this paragraph[;
   (j)  The judgment is a conviction for a class A or unclassified misde-
 meanor entered prior to the effective date of this paragraph and  satis-
 fies  the ground prescribed in paragraph (h) of this subdivision.  There
 shall be a rebuttable presumption that a conviction by plea to  such  an
 offense  was  not  knowing,  voluntary and intelligent, based on ongoing
 collateral  consequences,  including  potential  or  actual  immigration
 consequences,  and  there  shall  be  a  rebuttable  presumption  that a
 conviction by verdict constitutes cruel  and  unusual  punishment  under
 section  five  of  article  one  of the state constitution based on such
 consequences]; or
   § 9. Subdivisions 3-a, 3-b, 21 and 22 of section 500.10 of the  crimi-
 nal procedure law are REPEALED.
   §  10.  Subdivisions  5,  6, 7 and 9 of section 500.10 of the criminal
 procedure law, as amended by section 1-e of part JJJ of  chapter  59  of
 the laws of 2019, are amended to read as follows:
   5.  "Securing  order" means an order of a court committing a principal
 to the custody of the sheriff, or fixing bail,  [where  authorized,]  or
 releasing  the principal on the principal's own recognizance [or releas-
 ing the principal under non-monetary conditions].
   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  the  court,  instead  of committing the principal to or
 retaining the principal in the custody of the  sheriff,  either  release
 the  principal  on the principal's own recognizance[, release under non-
 monetary conditions, or, where authorized,] OR fix bail.
   9. "Bail" means cash bail[,] OR a bail bond  [or  money  paid  with  a
 credit card].
   §  11.  Section  510.10  of  the criminal procedure law, as amended by
 section 2 of part JJJ of chapter 59 of the laws of 2019 and  subdivision
 4  as amended by section 2 of part UU of chapter 56 of the laws of 2020,
 is amended to read as follows:
 § 510.10 Securing order; when required[; alternatives available;  stand-
            ard to be applied].
   [1.]  When  a  principal,  whose future court attendance at a criminal
 action or proceeding is or may be required, INITIALLY  comes  under  the
 control  of a court, such court 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

 A. 6963--A                          5

 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.
   2.  A  principal  is  entitled to representation by counsel under this
 chapter in preparing an application for release, when a  securing  order
 is  being  considered  and  when  a securing order is being reviewed for
 modification, revocation or termination. If the principal is financially
 unable to obtain counsel, counsel shall be assigned to the principal.
   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. A principal stands charged with
 a qualifying offense for the purposes of this subdivision when he or she
 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 the penal 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;
   (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

 A. 6963--A                          6

 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 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 title;
   (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 title;
   (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-
 der pursuant to subdivision six of section one hundred sixty-eight-l  of
 the correction law;

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   (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 occurring
 while the defendant was released on  his  or  her  own  recognizance  or
 released  under  conditions for a separate felony or class A misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that the prosecutor must show  reasonable  cause  to  believe  that  the
 defendant  committed the instant crime and any underlying crime. For the
 purposes of this subparagraph, any of the underlying crimes need not  be
 a qualifying offense as defined in this subdivision.
   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.] When a securing order is revoked or otherwise  terminated  in  the
 course of an uncompleted action or proceeding but the principal's future
 court  attendance still is or may be required and the principal is still
 under the control of a court, a new securing order must be issued.  When
 the court revokes or otherwise terminates a securing order which commit-
 ted  the  principal  to the custody of the sheriff, the court shall give
 written notification to the sheriff of such revocation or termination of
 the securing order.
   § 12. 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]  RECOGNIZANCE  OR
            BAIL; MAKING AND DETERMINATION THEREOF IN GENERAL.
   1.  Upon any occasion when a court [has issued] IS REQUIRED TO ISSUE a
 securing order with respect to a principal [and the],  OR  AT  ANY  TIME
 WHEN  A  principal is confined in the custody of the sheriff as a result
 of [the securing order or] a previously issued securing order, the prin-
 cipal may make an application for recognizance[, release under non-mone-
 tary 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[, release under non-monetary conditions] or[, where author-
 ized,] 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.

 A. 6963--A                          8
 
   §  13.  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:
 § 510.30 Application for [securing order] RECOGNIZANCE OR BAIL; rules of
            law and criteria controlling determination.
   1.  DETERMINATIONS OF APPLICATIONS FOR RECOGNIZANCE OR BAIL ARE NOT IN
 ALL  CASES DISCRETIONARY BUT ARE SUBJECT TO RULES, PRESCRIBED IN ARTICLE
 FIVE HUNDRED THIRTY OF THIS TITLE AND OTHER PROVISIONS OF  LAW  RELATING
 TO  SPECIFIC  KINDS  OF  CRIMINAL ACTIONS AND PROCEEDINGS, PROVIDING (A)
 THAT IN SOME CIRCUMSTANCES SUCH AN APPLICATION MUST AS A MATTER  OF  LAW
 BE  GRANTED, (B) THAT IN OTHERS IT MUST AS A MATTER OF LAW BE DENIED AND
 THE PRINCIPAL COMMITTED TO OR RETAINED IN THE CUSTODY  OF  THE  SHERIFF,
 AND  (C)  THAT  IN  OTHERS THE GRANTING OR DENIAL THEREOF IS A MATTER OF
 JUDICIAL DISCRETION.
   2. TO THE EXTENT THAT THE ISSUANCE OF AN ORDER OF RECOGNIZANCE OR BAIL
 AND THE TERMS THEREOF ARE MATTERS OF DISCRETION RATHER THAN OF  LAW,  AN
 APPLICATION  IS  DETERMINED  ON  THE  BASIS OF THE FOLLOWING FACTORS AND
 CRITERIA:
   (A) With respect to any principal, the court  [in  all  cases,  unless
 otherwise provided by law,] must [impose the least restrictive] CONSIDER
 THE  kind  and  degree  of  control  or restriction that is necessary to
 secure the principal's [return to] court ATTENDANCE  when  required.  In
 determining  that  matter,  the  court  must,  on the basis of available
 information, consider and take into account:
   (I) THE PRINCIPAL'S CHARACTER, REPUTATION, HABITS  AND  MENTAL  CONDI-
 TION;
   (II) THE PRINCIPAL'S  EMPLOYMENT AND FINANCIAL RESOURCES;
   (III)  THE PRINCIPAL'S  FAMILY TIES AND THE LENGTH OF HIS OR HER RESI-
 DENCE IF ANY IN THE COMMUNITY;
   (IV) [information about the principal that is relevant to the  princi-
 pal'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)]  (V)  The principal's record of previous adjudication as a juve-
 nile delinquent, as retained pursuant to section  354.2  of  the  family
 court act, or, of pending cases where fingerprints are retained pursuant
 to section 306.1 of such act, or a youthful offender, if any;
   [(e)]  (VI)  The  principal's  previous record IF ANY IN RESPONDING TO
 COURT APPEARANCES WHEN REQUIRED OR with respect to flight to avoid crim-
 inal 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)] (VII) Where the principal is  charged  with  a  crime  or  crimes
 against a member or members of the same family or household as that term
 is  defined  in  subdivision  one  of  section 530.11 of this title, the
 following factors:
   [(i)] (A) 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

 A. 6963--A                          9
 
   [(ii)]  (B) the principal's history of use or possession of a firearm;
 [and
   (h)]  (VIII)  If  the  principal  is  a  defendant,  THE WEIGHT OF THE
 EVIDENCE AGAINST HIM OR HER IN THE PENDING CRIMINAL ACTION AND ANY OTHER
 FACTOR INDICATING PROBABILITY OR IMPROBABILITY OF CONVICTION; OR, in the
 case of an application for [a securing order] BAIL OR RECOGNIZANCE pend-
 ing appeal, the merit or lack of merit of the appeal; AND
   (IX) IF HE OR SHE IS A DEFENDANT, THE SENTENCE WHICH  MAY  BE  OR  HAS
 BEEN IMPOSED UPON CONVICTION.
   [2.]  (B)  Where  the  principal is a defendant-appellant in a pending
 appeal from a judgment of conviction, the court must also  consider  the
 likelihood  of  ultimate  reversal of the judgment. A determination that
 the appeal is palpably without  merit  alone  justifies,  but  does  not
 require,  a  denial  of the application, regardless of any determination
 made with respect to the factors specified  in  PARAGRAPH  (A)  OF  THIS
 subdivision [one of this section].
   3.  When  bail  or recognizance is ordered, the court shall inform the
 principal, if the principal is a defendant charged with  the  commission
 of  a  felony,  that  the  release is conditional and that the court may
 revoke the order of release and [may be authorized] to commit the  prin-
 cipal to the custody of the sheriff in accordance with the provisions of
 subdivision two of section 530.60 of this [chapter] TITLE if the princi-
 pal commits a subsequent felony while at liberty upon such order.
   §  14.  Section  510.40  of  the criminal procedure law, as amended by
 section 6 of part JJJ of chapter 59 of the laws of  2019  and  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]  APPLICATION
            FOR  RECOGNIZANCE  OR  BAIL;  DETERMINATION  THEREOF, FORM OF
            SECURING ORDER AND EXECUTION THEREOF.
   1. AN APPLICATION FOR RECOGNIZANCE OR BAIL MUST  BE  DETERMINED  BY  A
 SECURING ORDER WHICH EITHER:
   (A)  GRANTS  THE  APPLICATION AND RELEASES THE PRINCIPAL ON HIS OR HER
 OWN RECOGNIZANCE; OR
   (B) GRANTS THE APPLICATION AND FIXES BAIL; OR
   (C) DENIES THE APPLICATION AND COMMITS THE PRINCIPAL  TO,  OR  RETAINS
 HIM OR HER IN, THE CUSTODY OF THE SHERIFF.
   2.  Upon  ordering that a principal be released on 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 exonerated.
   [2.] 3. Upon the issuance of an order fixing bail[, where authorized,]
 and upon the posting thereof, the court must examine the bail to  deter-
 mine  whether it complies with the order. If it does, the court must, in
 the absence of some factor or circumstance  which  in  law  requires  or
 authorizes  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

 A. 6963--A                         10
 
 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
 record or in writing the reasons  for  its  determination  and  for  any
 changes to the conditions imposed.
   4.  (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

 A. 6963--A                         11

 the custody of the sheriff for purposes of section 170.70 of  the  chap-
 ter, as applicable.
   5. 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.]
   §  15.  Sections  510.43  and 510.45 of the criminal procedure law are
 REPEALED.
   § 16. Section 510.50 of the criminal  procedure  law,  as  amended  by
 section  9  of part JJJ of chapter 59 of the laws of 2019, is amended to
 read as follows:
 § 510.50 Enforcement of securing order.
   [1.] When the attendance of a principal confined in the custody of the
 sheriff is required at the criminal action or proceeding at a particular
 time and place, the court may compel such attendance  by  directing  the
 sheriff  to produce the principal at such time and place. If the princi-
 pal is at liberty on the principal's own recognizance  [or  non-monetary
 conditions]  or  on  bail, the principal's attendance may be achieved or
 compelled by various methods, including notification and the issuance of
 a bench warrant, prescribed by law in provisions governing such  matters
 with respect to the particular kind of action or proceeding involved.
   [2.  Except  when  the  principal is charged with a new crime while at
 liberty, absent relevant, credible evidence demonstrating that a princi-
 pal's failure to appear for a scheduled court  appearance  was  willful,
 the  court, prior to issuing a bench warrant for a failure to appear for
 a scheduled court appearance, shall provide at least  forty-eight  hours
 notice to the principal or the principal's counsel that the principal is
 required  to  appear,  in  order to give the principal an opportunity to
 appear voluntarily.]
   § 17. Paragraph (b) of subdivision 2 of section 520.10 of the criminal
 procedure law, as amended by section 10 of part JJJ of chapter 59 of the
 laws of 2019, is amended to read as follows:
   (b) The court [shall] MAY direct that the bail be posted in any one of
 [three] TWO or more of the forms specified in subdivision  one  of  this
 section,  designated  in  the  alternative,  and may designate different
 amounts varying with the forms[, except that one of the forms  shall  be
 either an unsecured or partially secured surety bond, as selected by the
 court].
   §  18.  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:
 § 530.10 Order  of  recognizance [release under non-monetary conditions]
            or bail; in general.
   Under circumstances prescribed in this article, a court, upon applica-
 tion of a defendant charged with or convicted of an offense, is required
 [to issue a securing order] OR AUTHORIZED TO ORDER BAIL OR  RECOGNIZANCE
 for  THE  RELEASE  OR  PROSPECTIVE  RELEASE OF such defendant during the
 pendency of either:
   1. A criminal action based upon such charge; or

 A. 6963--A                         12
 
   2. An appeal taken by the defendant from a judgment of conviction or a
 sentence or from an order of an intermediate appellate  court  affirming
 or modifying a judgment of conviction or a sentence.
   §  19.  Subdivision 4 of section 530.11 of the criminal procedure law,
 as amended by section 12 of part JJJ of chapter 59 of the laws of  2019,
 is amended to read as follows:
   4.  When  a  person  is  arrested  for an alleged family offense or an
 alleged violation of an  order  of  protection  or  temporary  order  of
 protection  or  arrested  pursuant to a warrant issued by the supreme or
 family court, and the supreme or family court, as applicable, is not  in
 session,  such  person shall be brought before a local criminal court in
 the county of arrest or in the county in which such warrant  is  return-
 able  pursuant to article one hundred twenty of this chapter. Such local
 criminal court may issue any order authorized under  subdivision  eleven
 of  section  530.12 of this article, section one hundred fifty-four-d or
 one hundred fifty-five of the family court act or subdivision three-b of
 section two hundred forty or subdivision two-a of  section  two  hundred
 fifty-two  of  the  domestic  relations  law, in addition to discharging
 other arraignment responsibilities as set  forth  in  this  chapter.  In
 making such order, the local criminal court shall consider [de novo] the
 BAIL recommendation [and securing order], if any, made by the supreme or
 family  court  as  indicated  on  the warrant or certificate of warrant.
 Unless the petitioner or complainant requests otherwise, the  court,  in
 addition  to  scheduling further criminal proceedings, if any, regarding
 such alleged family offense or violation  allegation,  shall  make  such
 matter  returnable in the supreme or family court, as applicable, on the
 next day such court is in session.
   § 20. Subdivision 11 of section 530.12 of the criminal procedure  law,
 as  amended by section 15 of part JJJ of chapter 59 of the laws of 2019,
 is amended to read as follows:
   11. If a defendant is brought before the court for failure to obey any
 lawful order issued under this section, or an order of protection issued
 by a court of competent jurisdiction in another  state,  territorial  or
 tribal  jurisdiction,  and  if, after hearing, the court is satisfied by
 competent proof that the defendant has willfully failed to obey any such
 order, the court may:
   (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
   (b) restore the case to the calendar when there has been  an  adjourn-
 ment  in contemplation of dismissal and commit the defendant to custody;
 or
   (c) revoke a conditional discharge in accordance with  section  410.70
 of this chapter and impose probation supervision or impose a sentence of
 imprisonment  in  accordance  with  the  penal law based on the original
 conviction; or
   (d) revoke probation in accordance with section 410.70 of this chapter
 and impose a sentence of imprisonment in accordance with the  penal  law
 based  on the original conviction. In addition, if the act which consti-
 tutes the violation of the order of protection  or  temporary  order  of
 protection  is  a crime or a violation the defendant may be charged with
 and tried for that crime or violation.
   § 21. The opening paragraph of subdivision 1 of section 530.13 of  the
 criminal  procedure law, as amended by section 14 of part JJJ of chapter
 59 of the laws of 2019, is amended to read as follows:

 A. 6963--A                         13
 
   When any criminal action is pending, and the court has  not  issued  a
 temporary  order  of protection pursuant to section 530.12 of this arti-
 cle, the court, in addition to the other powers  conferred  upon  it  by
 this  chapter,  may  for  good  cause  shown  issue a temporary order of
 protection in conjunction with any securing order COMMITTING THE DEFEND-
 ANT  TO  THE  CUSTODY  OF  THE  SHERIFF OR AS A CONDITION OF A PRE-TRIAL
 RELEASE, OR AS A CONDITION OF RELEASE  ON  BAIL  or  an  adjournment  in
 contemplation of dismissal. In addition to any other conditions, such an
 order may require that the defendant:
   § 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
 conditions] or bail and commit the defendant to custody; or
   § 23. Section 530.20 of the criminal procedure law is REPEALED  and  a
 new section 530.20 is added to read as follows:
 § 530.20 ORDER  OF  RECOGNIZANCE  OR  BAIL; BY LOCAL CRIMINAL COURT WHEN
           ACTION IS PENDING THEREIN.
   WHEN A CRIMINAL ACTION IS PENDING IN  A  LOCAL  CRIMINAL  COURT,  SUCH
 COURT,  UPON  APPLICATION OF A DEFENDANT, MUST OR MAY ORDER RECOGNIZANCE
 OR BAIL AS FOLLOWS:
   1. WHEN THE DEFENDANT IS CHARGED, BY INFORMATION, SIMPLIFIED  INFORMA-
 TION, PROSECUTOR'S INFORMATION OR MISDEMEANOR COMPLAINT, WITH AN OFFENSE
 OR  OFFENSES OF LESS THAN FELONY GRADE ONLY, THE COURT MUST ORDER RECOG-
 NIZANCE OR BAIL.
   2. WHEN THE DEFENDANT IS CHARGED, BY FELONY COMPLAINT, WITH A  FELONY,
 THE  COURT  MAY, IN ITS DISCRETION, ORDER RECOGNIZANCE OR BAIL EXCEPT AS
 OTHERWISE PROVIDED IN THIS SUBDIVISION:
   (A) A CITY COURT, A TOWN COURT OR A VILLAGE COURT MAY NOT ORDER RECOG-
 NIZANCE OR BAIL WHEN (I) THE DEFENDANT IS CHARGED WITH A CLASS A FELONY,
 OR  (II)  IT  APPEARS  THAT  THE  DEFENDANT  HAS  TWO  PREVIOUS   FELONY
 CONVICTIONS;
   (B)  NO  LOCAL  CRIMINAL  COURT  MAY  ORDER  RECOGNIZANCE OR BAIL WITH
 RESPECT TO A DEFENDANT CHARGED WITH A FELONY UNLESS AND UNTIL:
   (I) THE DISTRICT ATTORNEY HAS BEEN HEARD IN THE MATTER OR, AFTER KNOW-
 LEDGE OR NOTICE OF THE APPLICATION  AND  REASONABLE  OPPORTUNITY  TO  BE
 HEARD,  HAS  FAILED  TO APPEAR AT THE PROCEEDING OR HAS OTHERWISE WAIVED
 HIS OR HER RIGHT TO DO SO; AND
   (II) THE COURT HAS BEEN FURNISHED WITH A REPORT  OF  THE  DIVISION  OF
 CRIMINAL  JUSTICE SERVICES CONCERNING THE DEFENDANT'S CRIMINAL RECORD IF
 ANY OR WITH A POLICE DEPARTMENT REPORT WITH RESPECT TO  THE  DEFENDANT'S
 PRIOR ARREST RECORD. IF NEITHER REPORT IS AVAILABLE, THE COURT, WITH THE
 CONSENT  OF  THE  DISTRICT ATTORNEY, MAY DISPENSE WITH THIS REQUIREMENT;
 PROVIDED, HOWEVER, THAT IN AN EMERGENCY, INCLUDING BUT NOT LIMITED TO  A
 SUBSTANTIAL IMPAIRMENT IN THE ABILITY OF SUCH DIVISION OR POLICE DEPART-
 MENT  TO  TIMELY FURNISH SUCH REPORT, SUCH CONSENT SHALL NOT BE REQUIRED
 IF, FOR REASONS STATED ON THE RECORD, THE COURT  DEEMS  IT  UNNECESSARY.
 WHEN  THE  COURT  HAS  BEEN FURNISHED WITH ANY SUCH REPORT OR RECORD, IT
 SHALL FURNISH A COPY THEREOF TO COUNSEL FOR THE  DEFENDANT  OR,  IF  THE
 DEFENDANT IS NOT REPRESENTED BY COUNSEL, TO THE DEFENDANT.
   §  24.  The section heading and subdivisions 1 and 2 of section 530.30
 of the criminal procedure law, as amended by section 17 of part  JJJ  of
 chapter 59 of the laws of 2019, are amended to read as follows:
 Order  of recognizance[, release under non-monetary conditions] or bail;
 by superior court judge when action is pending in local criminal court.

 A. 6963--A                         14

   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[, release under non-monetary
 conditions] or[, where authorized,] bail when such local criminal court:
   (a)  Lacks authority to issue such an order, pursuant to [the relevant
 provisions] PARAGRAPH A OF SUBDIVISION TWO of  section  530.20  of  this
 article; or
   (b)  Has  denied  an application for recognizance[, 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 HIS OR HER OWN recog-
 nizance [or under non-monetary conditions,] or [where  authorized,]  fix
 bail in a lesser amount or in a less burdensome form[, whichever are the
 least restrictive alternative and conditions that will reasonably assure
 the  defendant'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[, release under non-mon-
 etary  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] HAS been furnished with
 a report as described in subparagraph (ii) of paragraph (b) of  subdivi-
 sion two of section 530.20 of this article.
   §  25.  Section 530.40 of the criminal procedure law is REPEALED and a
 new section 530.40 is added to read as follows:
 § 530.40 ORDER OF RECOGNIZANCE OR BAIL; BY SUPERIOR COURT WHEN ACTION IS
            PENDING THEREIN.
   WHEN A CRIMINAL ACTION IS PENDING IN A  SUPERIOR  COURT,  SUCH  COURT,
 UPON  APPLICATION OF A DEFENDANT, MUST OR MAY ORDER RECOGNIZANCE OR BAIL
 AS FOLLOWS:
   1. WHEN THE DEFENDANT IS CHARGED WITH AN OFFENSE OR OFFENSES  OF  LESS
 THAN FELONY GRADE ONLY, THE COURT MUST ORDER RECOGNIZANCE OR BAIL.
   2.  WHEN THE DEFENDANT IS CHARGED WITH A FELONY, THE COURT MAY, IN ITS
 DISCRETION, ORDER RECOGNIZANCE OR BAIL. IN ANY SUCH  CASE  IN  WHICH  AN
 INDICTMENT  (A)  HAS  RESULTED  FROM  AN ORDER OF A LOCAL CRIMINAL COURT
 HOLDING THE DEFENDANT FOR THE ACTION OF THE GRAND JURY, OR (B) WAS FILED
 AT A TIME WHEN A FELONY COMPLAINT CHARGING THE SAME CONDUCT WAS  PENDING
 IN  A  LOCAL CRIMINAL COURT, AND IN WHICH SUCH LOCAL CRIMINAL COURT OR A
 SUPERIOR COURT JUDGE HAS ISSUED AN ORDER OF RECOGNIZANCE OR  BAIL  WHICH
 IS  STILL  EFFECTIVE, THE SUPERIOR COURT'S ORDER MAY BE IN THE FORM OF A
 DIRECTION CONTINUING THE EFFECTIVENESS OF THE PREVIOUS ORDER.
   3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS  SECTION,
 A SUPERIOR COURT MAY NOT ORDER RECOGNIZANCE OR BAIL, OR PERMIT A DEFEND-
 ANT  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.

 A. 6963--A                         15
 
   4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS  SECTION,
 A  SUPERIOR  COURT MAY NOT ORDER RECOGNIZANCE OR 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 HAS BEEN
 FURNISHED  WITH  A REPORT AS DESCRIBED IN SUBPARAGRAPH (II) OF PARAGRAPH
 (B) OF SUBDIVISION TWO OF SECTION 530.20 OF THIS ARTICLE.
   § 26. Subdivision 1 of section 530.45 of the criminal  procedure  law,
 as  amended by section 19 of part JJJ of chapter 59 of the laws of 2019,
 is amended to read as follows:
   1. When the defendant is at liberty in the course of a criminal action
 as a result of a prior order of recognizance[, release  under  non-mone-
 tary  conditions]  or  bail  and the court revokes such order and then[,
 where authorized,] EITHER fixes no bail  or  fixes  bail  in  a  greater
 amount  or  in  a  more  burdensome  form  than was previously fixed and
 remands or commits defendant to the custody of the sheriff, [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 EITHER 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
 is REPEALED.
   §  28.  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; during pendency of appeal.
   [1.] A judge who is otherwise authorized pursuant to section 460.50 or
 [section] 460.60 OF THIS CHAPTER to issue an order  of  recognizance  or
 bail  pending  the  determination  of  an  appeal,  may do so unless the
 defendant received a class A felony sentence or a sentence for any class
 B or class C 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-
 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 remand-
 ing the defendant to the custody of the sheriff where authorized.]
   § 29. 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:

 A. 6963--A                         16
 
 § 530.60 [Certain modifications of a securing order] ORDER  OF  RECOGNI-
            ZANCE OR BAIL; REVOCATION THEREOF.
   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] IT may,  and  [except
 as  provided in subdivision two of section 510.50 of this title concern-
 ing a failure to appear in court,] by  a  bench  warrant  if  necessary,
 require  the defendant to appear before the court. Upon such appearance,
 the court, for good cause shown, may revoke the order of  recognizance[,
 release  under  non-monetary  conditions,]  or bail. If the defendant is
 entitled to recognizance[, 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, [release under  non-monetary  condi-
 tions]  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, release under non-monetary condi-
 tions or bail issued pursuant to this article it shall  be  grounds  for
 revoking  such order and fixing bail in such criminal action or proceed-
 ing 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
   (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[, release under non-mon-
 etary 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 hearing
 may be consolidated with, and conducted at the same time  as,  a  felony
 hearing  conducted  pursuant to article one hundred eighty of this chap-

 A. 6963--A                         17
 
 ter. A transcript of testimony taken before the grand jury upon  presen-
 tation  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 hear-
 ing.
   [(d)] (B) Revocation of an order of recognizance[, 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, EITHER:
   [(i) Under paragraph (a) of this subdivision, revocation of the  order
 of  recognizance,  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)] (I) For a period not to exceed ninety days exclusive of any peri-
 ods of adjournment requested by the defendant; or
   [(B)]  (II)  Until the charges contained within the accusatory instru-
 ment have been reduced or dismissed such that  no  count  remains  which
 charges the defendant with commission of a felony; or
   [(C)]  (III)  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]  PARAGRAPH, whichever is shortest, the court may grant or
 deny release upon an order of bail or recognizance  in  accordance  with
 the  provisions  of  this  article.  Upon  conviction  to an offense the
 provisions of THIS article [five hundred thirty of this  chapter]  shall
 apply[; and].
   [(ii) Under paragraph (b) of this subdivision, revocation of the order
 of  recognizance,  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, howev-
 er, 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)] (C) 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 OR SHE was at liberty as specified
 therein, may be committed to the custody of the sheriff pending a  revo-
 cation  hearing  for  a period not to exceed seventy-two hours. An addi-
 tional 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 OR HER consent. Such good cause
 must  consist  of  some  compelling fact or circumstance which precluded
 conducting the hearing within the initial prescribed period.
   § 30. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
 procedure law, as amended by section 21 of part JJJ of chapter 59 of the
 laws of 2019, is amended to read as follows:

 A. 6963--A                         18
 
   (a) If at any time during the defendant's participation in  the  judi-
 cial diversion program, the court has reasonable grounds to believe that
 the defendant has violated a release condition [in an important respect]
 or  has  [willfully] failed to appear before the court as requested, the
 court  [except  as provided in subdivision two of section 510.50 of this
 chapter regarding a failure to appear,] shall direct  the  defendant  to
 appear  or  issue  a bench warrant to a police officer or an appropriate
 peace officer directing him or her to take the  defendant  into  custody
 and  bring  the  defendant  before  the court without unnecessary delay;
 provided, however, that under no circumstances  shall  a  defendant  who
 requires  treatment  for  opioid  abuse  or dependence be deemed to have
 violated a release condition on the basis of his or her participation in
 medically prescribed drug treatments under the care  of  a  health  care
 professional  licensed  or  certified under title eight of the education
 law, acting within his or her lawful scope of practice.  The  [relevant]
 provisions of SUBDIVISION ONE OF section 530.60 of this chapter relating
 to  [issuance  of  securing  orders]  REVOCATION OF RECOGNIZANCE OR BAIL
 shall apply to such proceedings under this subdivision.
   § 31. 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[,]  OR
 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.
   §  32.  Subdivision 3 of section 620.50 of the criminal procedure law,
 as amended by section 24 of part JJJ of chapter 59 of the laws of  2019,
 is amended to read as follows:
   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] THREE 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 OR
 HERSELF, he OR SHE may not be so released except upon his OR HER  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]  THREE
 of section 510.40 of this part, be committed to the custody of the sher-
 iff.
   § 33. Subdivision 1-a of section 70.15 of the penal law is REPEALED.
   §  34.  Subdivisions  1  and  3  of section 70.15 of the penal law, as
 amended by section 1 of part OO of chapter 55 of the laws of  2019,  are
 amended to read as follows:

 A. 6963--A                         19
 
   1.  Class  A  misdemeanor.  A  sentence  of imprisonment for a class A
 misdemeanor shall be a  definite  sentence.  When  such  a  sentence  is
 imposed  the  term  shall  be  fixed  by the court, and shall not exceed
 [three hundred sixty-four days] ONE  YEAR;  PROVIDED,  HOWEVER,  THAT  A
 SENTENCE   OF   IMPRISONMENT  IMPOSED  UPON  A  CONVICTION  OF  CRIMINAL
 POSSESSION OF A WEAPON IN THE FOURTH DEGREE AS  DEFINED  IN  SUBDIVISION
 ONE  OF  SECTION  265.01 OF THIS CHAPTER MUST BE FOR A PERIOD OF NO LESS
 THAN ONE YEAR WHEN THE CONVICTION WAS THE RESULT OF  A  PLEA  OF  GUILTY
 ENTERED  IN  SATISFACTION OF AN INDICTMENT OR ANY COUNT THEREOF CHARGING
 THE DEFENDANT WITH THE CLASS C FELONY OFFENSE OF CRIMINAL POSSESSION  OF
 A WEAPON IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION
 265.03  OF  THIS  CHAPTER,  EXCEPT  THAT  THE COURT MAY IMPOSE ANY OTHER
 SENTENCE AUTHORIZED BY LAW UPON A PERSON WHO  HAS  NOT  BEEN  PREVIOUSLY
 CONVICTED  IN THE FIVE YEARS IMMEDIATELY PRECEDING THE COMMISSION OF THE
 OFFENSE FOR A FELONY OR A CLASS A MISDEMEANOR DEFINED IN  THIS  CHAPTER,
 IF  THE COURT HAVING REGARD TO THE NATURE AND CIRCUMSTANCES OF THE CRIME
 AND TO THE HISTORY AND CHARACTER OF THE DEFENDANT, FINDS ON  THE  RECORD
 THAT  SUCH  SENTENCE  WOULD  BE  UNDULY  HARSH  AND THAT THE ALTERNATIVE
 SENTENCE WOULD BE CONSISTENT WITH PUBLIC SAFETY AND DOES  NOT  DEPRECATE
 THE SERIOUSNESS OF THE CRIME.
   3. Unclassified misdemeanor. A sentence of imprisonment for an unclas-
 sified misdemeanor shall be a definite sentence. When such a sentence is
 imposed the term shall be fixed by the court, and shall be in accordance
 with  the  sentence  specified  in the law or ordinance that defines the
 crime [but, in any event, it shall not exceed three  hundred  sixty-four
 days].
   §  35.  Subdivision 5 of section 216 of the judiciary law, as added by
 section 5 of part UU of chapter 56 of the laws of 2020, is REPEALED.
   § 36. Sections 837-t and 837-u of the executive law are REPEALED.
   § 37. Paragraph (d) of subdivision 4 of section 840 of  the  executive
 law is REPEALED.
   § 38. This act shall take effect immediately.