Senate Bill S1802

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1802
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2021
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  providing
   judges  more  discretion  regarding  securing  orders and limiting the
   lengths of certain orders; and to repeal  certain  provisions  of  the
   criminal procedure law, the judiciary law and the executive law relat-
   ing thereto
 
   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 law is REPEALED.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 1.20 of the criminal procedure law, as
 amended by chapter 450 of the laws  of  2019,  is  amended  to  read  as
 follows:
   1.  "Accusatory  instrument" means[: (a)] an indictment, an indictment
 ordered reduced pursuant to subdivision one-a of section 210.20 of  this
 chapter, an information, a simplified information, a prosecutor's infor-
 mation, a superior court information, a misdemeanor complaint or a felo-
 ny  complaint.  Every  accusatory  instrument,  regardless of the person
 designated therein as accuser, constitutes an accusation  on  behalf  of
 the  state as plaintiff and must be entitled "the people of the state of
 New York" against a designated person, known as the defendant[; and
   (b) an appearance ticket issued for a parking infraction when (i) such
 ticket is based on personal knowledge or information and belief  of  the
 police  officer  or other public servant who issues the ticket, (ii) the
 police officer or other public servant who issues such  ticket  verifies
 that false statements made therein are punishable as a class A misdemea-
 nor, (iii) the infraction or infractions contained therein are stated in
 detail  and  not in conclusory terms so as to provide the defendant with
 sufficient  notice  including,  but  not  limited,  to  the   applicable
 provision  of  law allegedly violated, and the date, time and particular

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

                                                            LBD04803-01-1

 S. 1802                             2

 place of the alleged infraction, and (iv) such ticket contains: (1)  the
 license plate designation of the ticketed vehicle, (2) the license plate
 type  of  the ticketed vehicle, (3) the expiration of the ticketed vehi-
 cle's  registration,  (4) the make or model of the ticketed vehicle, and
 (5) the body type of the ticketed vehicle, provided, however, that where
 the plate type or the expiration date are not shown on either the regis-
 tration plates or sticker of a vehicle or where the registration sticker
 is covered, faded, defaced or mutilated so that it  is  unreadable,  the
 plate  type  or  the  expiration date may be omitted, provided, further,
 however, that such condition must be so described and  inserted  on  the
 instrument].
   § 3. 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;
   (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;

 S. 1802                             3

   (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.]
   § 4. 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,
 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

 S. 1802                             4
 
 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.
   § 5. 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.
   § 6. Subdivision 1 of section 150.50 of the criminal procedure law, as
 amended by chapter 450 of the laws  of  2019,  is  amended  to  read  as
 follows:
   1.  A police officer or other public servant who has issued and served
 an appearance ticket must, at or before the time such appearance  ticket
 is  returnable,  file or cause to be filed with the local criminal court
 in which it is returnable a local criminal court  accusatory  instrument
 charging  the  person  named  in such appearance ticket with the offense
 specified therein[;  provided,  however,  that  no  separate  accusatory
 instrument shall be required to be filed for an appearance ticket issued
 for a parking infraction which conforms to the requirements set forth in
 paragraph (b) of subdivision one of section 1.20 of this chapter]. Noth-
 ing herein contained shall authorize the use of a simplified information
 when not authorized by law.
   § 7. Section 150.80 of the criminal procedure law is REPEALED.
   §  8. Subdivisions 3-a, 3-b, 21 and 22 of section 500.10 of the crimi-
 nal procedure law are REPEALED.
   § 9. 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.

 S. 1802                             5
 
   9.  "Bail"  means  cash  bail[,]  OR a bail bond [or money paid with a
 credit card].
   §  10.  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
 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;

 S. 1802                             6

   (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
 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

 S. 1802                             7

 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;
   (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.
   2.  THE  COURT SHALL RELEASE THE PRINCIPAL ON PERSONAL RECOGNIZANCE OR
 ON BAIL UNLESS THE COURT MAKES AN INDIVIDUALIZED DETERMINATION THAT: (A)
 THE PRINCIPAL POSES A RISK OF FLIGHT TO AVOID PROSECUTION; (B) THE PRIN-
 CIPAL POSES A RISK OF FAILING TO APPEAR IN COURT BASED  ON  THE  PRINCI-
 PAL'S  RECORD  OF  A  PRIOR  CRIMINAL CONVICTION OR FAILURE TO APPEAR IN
 PRIOR COURT PROCEEDINGS; OR (C) THE PRINCIPAL POSES A RISK OF  ENDANGER-
 ING  THE SAFETY OF ANY OTHER PERSON OR THE COMMUNITY. IF THE COURT FINDS
 THAT THE PRINCIPAL POSES A RISK OF FLIGHT OR A RISK OF FAILURE TO APPEAR
 BUT DOES NOT POSE A RISK OF ENDANGERING THE SAFETY OF ANY  OTHER  PERSON
 OR  THE  COMMUNITY, THE COURT SHALL RELEASE THE PRINCIPAL SUBJECT TO THE

 S. 1802                             8
 
 LOWEST REASONABLE BAIL AND/OR THE LEAST RESTRICTIVE FURTHER CONDITION OR
 COMBINATION OF CONDITIONS THAT WILL REASONABLY ENSURE THE APPEARANCE  OF
 THE  PRINCIPAL  CONSIDERING  THE NATURE AND CIRCUMSTANCES OF THE CHARGED
 OFFENSE,  THE WEIGHT OF THE EVIDENCE, THE HISTORY AND CHARACTERISTICS OF
 THE PRINCIPAL, AND THE NATURE AND SERIOUSNESS OF THE DANGER POSED BY THE
 PRINCIPAL'S RELEASE. IF THE COURT DETERMINES THAT NO CONDITION OR COMBI-
 NATION OF CONDITIONS WILL REASONABLY ASSURE THE APPEARANCE OF THE  PRIN-
 CIPAL  AND  THE  SAFETY  OF ANY OTHER PERSON OF THE COMMUNITY, THE COURT
 SHALL ORDER DETENTION WITHOUT BAIL.
   3. IF THE PRINCIPAL IS ARRESTED DURING THE INTERIM PERIOD WHILE AWAIT-
 ING A PRELIMINARY HEARING OR TRIAL, THE COURT SHALL REVOKE OR  OTHERWISE
 TERMINATE  THE SECURING ORDER AND ISSUE A NEW SECURING ORDER TAKING INTO
 ACCOUNT THE SUBSEQUENT ARREST.
   4. (A) ALL SECURING ORDERS ISSUED UNDER THIS SECTION WHERE THE PRINCI-
 PAL IS INCARCERATED SOLELY BECAUSE OF SAID ORDER SHALL BE  REVIEWED  AND
 RE-EVALUATED BY THE COURT NO LATER THAN:
   (I)  EVERY  FOUR  WEEKS  THEREAFTER WHERE A CLASS A MISDEMEANOR IS THE
 HIGHEST GRADE OFFENSE;
   (II) EVERY SIX WEEKS THEREAFTER WHERE A CLASS E FELONY IS THE  HIGHEST
 GRADE OFFENSE;
   (III) EVERY EIGHT WEEKS THEREAFTER WHERE A CLASS D FELONY IS THE HIGH-
 EST GRADE OFFENSE;
   (IV)  EVERY TEN WEEKS THEREAFTER WHERE A CLASS C FELONY IS THE HIGHEST
 GRADE OFFENSE; OR
   (V) EVERY TWELVE WEEKS THEREAFTER WHERE A CLASS B FELONY IS THE  HIGH-
 EST GRADE OFFENSE.
   (B)  UPON  SUCH  REVIEW  OR  RE-EVALUATION, THE COURT SHALL RECONSIDER
 WHETHER THE PRINCIPAL SHOULD BE RELEASED  ON  PERSONAL  RECOGNIZANCE  OR
 UPON  POSTING REDUCED BAIL IN THE INTERESTS OF JUSTICE AFTER CONSIDERING
 THE LENGTH OF TIME THE PRINCIPAL  HAS  ALREADY  BEEN  INCARCERATED,  THE
 LIKELY SENTENCE THAT WOULD BE IMPOSED IF THE PRINCIPAL WERE FOUND GUILTY
 OR  PLEAD GUILTY TO THE CHARGED OFFENSE, THE NATURE AND CIRCUMSTANCES OF
 THE CHARGED OFFENSE, THE WEIGHT OF THE EVIDENCE, THE HISTORY AND CHARAC-
 TERISTICS OF THE PRINCIPAL, THE NATURE AND  SERIOUSNESS  OF  THE  DANGER
 POSED  BY  THE  PRINCIPAL'S RELEASE, AND WHETHER THE PRINCIPAL SHOULD BE
 RELEASED SUBJECT TO A FURTHER CONDITION, OR COMBINATION  OF  CONDITIONS,
 THAT  REASONABLY  JUSTIFIES  THE  RELEASE  OF  THE PRINCIPAL ON PERSONAL
 RECOGNIZANCE OR REDUCED BAIL, AND SUCH OTHER FACTORS IN THE INTERESTS OF
 JUSTICE AS REASONABLY DETERMINED BY THE COURT BASED ON AN INDIVIDUALIZED
 DETERMINATION AS TO WHETHER  AND  TO  WHAT  EXTENT  THAT  THE  PRINCIPAL
 CONTINUES  TO  POSE  A RISK OF FLIGHT TO AVOID PROSECUTION, CONTINUES TO
 POSE A RISK OF FAILING TO APPEAR  IN  COURT  BASED  ON  THE  PRINCIPAL'S
 RECORD  OF  A  PRIOR  CRIMINAL  CONVICTION OR FAILURE TO APPEAR IN PRIOR
 COURT PROCEEDINGS, OR CONTINUES TO POSE A RISK OF ENDANGERING THE SAFETY
 OF ANY OTHER PERSON OR THE COMMUNITY. IF THE COURT  DETERMINES  THAT  NO
 CONDITION  OR  COMBINATION  OF  CONDITIONS  WILL  REASONABLY  ENSURE THE
 APPEARANCE OF THE PRINCIPAL AND THE SAFETY OF ANY OTHER  PERSON  OF  THE
 COMMUNITY, THE COURT SHALL CONTINUE TO DETAIN THE PRINCIPAL WITHOUT BAIL
 OR WITHOUT A REDUCTION IN THE AMOUNT OF THE BAIL.
   §  11.  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

 S. 1802                             9
 
 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 princi-
 pal  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.
   § 12. 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 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;

 S. 1802                            10
 
   [(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
   [(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.
   §  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  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-

 S. 1802                            11
 
 ever  the  principal's attendance may be required and to [be] RENDER THE
 PRINCIPAL  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 prin-
 cipal  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
 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

 S. 1802                            12

 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. 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. Sections 510.43 and 510.45 of the  criminal  procedure  law  are
 REPEALED.
   §  15.  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.]
   § 16. 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

 S. 1802                            13

 either an unsecured or partially secured surety bond, as selected by the
 court].
   §  17.  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
   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.
   §  18.  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.
   § 19. 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

 S. 1802                            14
 
   (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.
   §  20. 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:
   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:
   § 21. 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
   § 22. 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;

 S. 1802                            15
 
 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.
   3. THE COURT SHALL MAKE AN INDIVIDUALIZED DETERMINATION  IF:  (A)  THE
 DEFENDANT POSES A RISK OF FLIGHT TO AVOID PROSECUTION; (B) THE DEFENDANT
 POSES  A  RISK  OF  FAILING  TO APPEAR IN COURT BASED ON THE DEFENDANT'S
 RECORD OF A PRIOR CRIMINAL CONVICTION OR  FAILURE  TO  APPEAR  IN  PRIOR
 COURT  PROCEEDINGS; OR (C) THE DEFENDANT POSES A RISK OF ENDANGERING THE
 SAFETY OF ANY OTHER PERSON OR THE COMMUNITY. IF THE COURT FINDS THAT THE
 DEFENDANT POSES A RISK OF FLIGHT OR A RISK OF FAILURE TO APPEAR BUT DOES
 NOT POSE A RISK OF ENDANGERING THE SAFETY OF ANY  OTHER  PERSON  OR  THE
 COMMUNITY,  THE  COURT SHALL RELEASE THE DEFENDANT SUBJECT TO THE LOWEST
 REASONABLE BAIL AND/OR THE LEAST RESTRICTIVE FURTHER CONDITION OR COMBI-
 NATION OF CONDITIONS THAT WILL REASONABLY ENSURE THE APPEARANCE  OF  THE
 DEFENDANT  CONSIDERING  THE  NATURE  AND  CIRCUMSTANCES  OF  THE CHARGED
 OFFENSE, THE WEIGHT OF THE EVIDENCE, THE HISTORY AND CHARACTERISTICS  OF
 THE DEFENDANT, AND THE NATURE AND SERIOUSNESS OF THE DANGER POSED BY THE
 DEFENDANT'S RELEASE. IF THE COURT DETERMINES THAT NO CONDITION OR COMBI-
 NATION  OF  CONDITIONS  WILL  REASONABLY  ASSURE  THE  APPEARANCE OF THE
 DEFENDANT AND THE SAFETY OF ANY OTHER PERSON OF THE COMMUNITY, THE COURT
 SHALL ORDER DETENTION WITHOUT BAIL.
   4. IF THE DEFENDANT IS ARRESTED DURING THE INTERIM PERIOD WHILE AWAIT-
 ING A PRELIMINARY HEARING OR TRIAL, THE COURT SHALL REVOKE OR  OTHERWISE
 TERMINATE  THE  PREVIOUS ORDER AND ISSUE A NEW ORDER TAKING INTO ACCOUNT
 THE SUBSEQUENT ARREST.
   5. (A) ALL ORDERS ISSUED UNDER THIS SECTION  WHERE  THE  DEFENDANT  IS
 INCARCERATED SOLELY BECAUSE OF SAID ORDER SHALL BE REVIEWED AND RE-EVAL-
 UATED BY THE COURT NO LATER THAN:
   (I)  EVERY  FOUR  WEEKS  THEREAFTER WHERE A CLASS A MISDEMEANOR IS THE
 HIGHEST GRADE OFFENSE;
   (II) EVERY SIX WEEKS THEREAFTER WHERE A CLASS E FELONY IS THE  HIGHEST
 GRADE OFFENSE;
   (III) EVERY EIGHT WEEKS THEREAFTER WHERE A CLASS D FELONY IS THE HIGH-
 EST GRADE OFFENSE;
   (IV)  EVERY TEN WEEKS THEREAFTER WHERE A CLASS C FELONY IS THE HIGHEST
 GRADE OFFENSE; OR
   (V) EVERY TWELVE WEEKS THEREAFTER WHERE A CLASS B FELONY IS THE  HIGH-
 EST GRADE OFFENSE.
   (B)  UPON  SUCH  REVIEW  OR  RE-EVALUATION, THE COURT SHALL RECONSIDER
 WHETHER THE DEFENDANT SHOULD BE RELEASED  ON  PERSONAL  RECOGNIZANCE  OR
 UPON  POSTING REDUCED BAIL IN THE INTERESTS OF JUSTICE AFTER CONSIDERING
 THE LENGTH OF TIME THE DEFENDANT  HAS  ALREADY  BEEN  INCARCERATED,  THE
 LIKELY SENTENCE THAT WOULD BE IMPOSED IF THE DEFENDANT WERE FOUND GUILTY
 OR  PLED  GUILTY TO THE CHARGED OFFENSE, THE NATURE AND CIRCUMSTANCES OF
 THE CHARGED OFFENSE, THE WEIGHT OF THE EVIDENCE, THE HISTORY AND CHARAC-
 TERISTICS OF THE DEFENDANT, THE NATURE AND  SERIOUSNESS  OF  THE  DANGER
 POSED  BY  THE  DEFENDANT'S RELEASE, AND WHETHER THE PRINCIPAL SHOULD BE
 RELEASED SUBJECT TO A FURTHER CONDITION, OR COMBINATION  OF  CONDITIONS,
 THAT  REASONABLY  JUSTIFIES  THE  RELEASE  OF  THE DEFENDANT ON PERSONAL
 RECOGNIZANCE OR REDUCED BAIL, AND SUCH OTHER FACTORS IN THE INTERESTS OF
 JUSTICE AS REASONABLY DETERMINED BY THE COURT BASED ON AN INDIVIDUALIZED
 DETERMINATION AS TO WHETHER  AND  TO  WHAT  EXTENT  THAT  THE  DEFENDANT

 S. 1802                            16
 
 CONTINUES  TO  POSE  A RISK OF FLIGHT TO AVOID PROSECUTION, CONTINUES TO
 POSE A RISK OF FAILING TO APPEAR  IN  COURT  BASED  ON  THE  DEFENDANT'S
 RECORD  OF  A  PRIOR  CRIMINAL  CONVICTION OR FAILURE TO APPEAR IN PRIOR
 COURT PROCEEDINGS, OR CONTINUES TO POSE A RISK OF ENDANGERING THE SAFETY
 OF  ANY  OTHER  PERSON OR THE COMMUNITY. IF THE COURT DETERMINES THAT NO
 CONDITION OR  COMBINATION  OF  CONDITIONS  WILL  REASONABLY  ENSURE  THE
 APPEARANCE  OF  THE  DEFENDANT AND THE SAFETY OF ANY OTHER PERSON OF THE
 COMMUNITY, THE COURT SHALL CONTINUE TO DETAIN THE DEFENDANT WITHOUT BAIL
 OR WITHOUT A REDUCTION IN THE AMOUNT OF THE BAIL.
   § 23. 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.
   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 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.
   §  24.  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

 S. 1802                            17
 
 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 DEFINED IN ARTICLE ONE HUNDRED THIRTY  OF  THE
 PENAL  LAW  COMMITTED  OR ATTEMPTED TO BE COMMITTED BY A PERSON EIGHTEEN
 YEARS OF AGE OR OLDER AGAINST A PERSON LESS THAN EIGHTEEN YEARS OF  AGE.
 IN  EITHER  CASE  THE  COURT  MUST COMMIT OR REMAND THE DEFENDANT TO THE
 CUSTODY OF THE SHERIFF.
   4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO 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.
   5.  THE  COURT SHALL MAKE AN INDIVIDUALIZED DETERMINATION IF:  (A) THE
 DEFENDANT POSES A RISK OF FLIGHT TO AVOID PROSECUTION; (B) THE DEFENDANT
 POSES A RISK OF FAILING TO APPEAR IN  COURT  BASED  ON  THE  DEFENDANT'S
 RECORD  OF  A  PRIOR  CRIMINAL  CONVICTION OR FAILURE TO APPEAR IN PRIOR
 COURT PROCEEDINGS; OR (C) THE DEFENDANT POSES A RISK OF ENDANGERING  THE
 SAFETY OF ANY OTHER PERSON OR THE COMMUNITY. IF THE COURT FINDS THAT THE
 DEFENDANT POSES A RISK OF FLIGHT OR A RISK OF FAILURE TO APPEAR BUT DOES
 NOT  POSE  A  RISK  OF ENDANGERING THE SAFETY OF ANY OTHER PERSON OR THE
 COMMUNITY, THE COURT SHALL RELEASE THE DEFENDANT SUBJECT TO  THE  LOWEST
 REASONABLE BAIL AND/OR THE LEAST RESTRICTIVE FURTHER CONDITION OR COMBI-
 NATION  OF  CONDITIONS THAT WILL REASONABLY ENSURE THE APPEARANCE OF THE
 DEFENDANT CONSIDERING  THE  NATURE  AND  CIRCUMSTANCES  OF  THE  CHARGED
 OFFENSE,  THE WEIGHT OF THE EVIDENCE, THE HISTORY AND CHARACTERISTICS OF
 THE DEFENDANT, AND THE NATURE AND SERIOUSNESS OF THE DANGER POSED BY THE
 DEFENDANT'S RELEASE. IF THE COURT DETERMINES THAT NO CONDITION OR COMBI-
 NATION OF CONDITIONS  WILL  REASONABLY  ASSURE  THE  APPEARANCE  OF  THE
 DEFENDANT AND THE SAFETY OF ANY OTHER PERSON OF THE COMMUNITY, THE COURT
 SHALL ORDER DETENTION WITHOUT BAIL.
   6. IF THE DEFENDANT IS ARRESTED DURING THE INTERIM PERIOD WHILE AWAIT-
 ING  A PRELIMINARY HEARING OR TRIAL, THE COURT SHALL REVOKE OR OTHERWISE
 TERMINATE THE PREVIOUS ORDER AND ISSUE A NEW ORDER TAKING  INTO  ACCOUNT
 THE SUBSEQUENT ARREST.
   7.  (A)  ALL  ORDERS  ISSUED UNDER THIS SECTION WHERE THE DEFENDANT IS
 INCARCERATED SOLELY BECAUSE OF SAID ORDER SHALL BE REVIEWED AND RE-EVAL-
 UATED BY THE COURT NO LATER THAN:
   (I) EVERY FOUR WEEKS THEREAFTER WHERE A CLASS  A  MISDEMEANOR  IS  THE
 HIGHEST GRADE OFFENSE;
   (II)  EVERY SIX WEEKS THEREAFTER WHERE A CLASS E FELONY IS THE HIGHEST
 GRADE OFFENSE;
   (III) EVERY EIGHT WEEKS THEREAFTER WHERE A CLASS D FELONY IS THE HIGH-
 EST GRADE OFFENSE;
   (IV) EVERY TEN WEEKS THEREAFTER WHERE A CLASS C FELONY IS THE  HIGHEST
 GRADE OFFENSE; OR
   (V)  EVERY TWELVE WEEKS THEREAFTER WHERE A CLASS B FELONY IS THE HIGH-
 EST GRADE OFFENSE.
   (B) UPON SUCH REVIEW OR  RE-EVALUATION,  THE  COURT  SHALL  RECONSIDER
 WHETHER  THE  DEFENDANT  SHOULD  BE RELEASED ON PERSONAL RECOGNIZANCE OR

 S. 1802                            18
 
 UPON POSTING REDUCED BAIL IN THE INTERESTS OF JUSTICE AFTER  CONSIDERING
 THE  LENGTH  OF  TIME  THE  DEFENDANT HAS ALREADY BEEN INCARCERATED, THE
 LIKELY SENTENCE THAT WOULD BE IMPOSED IF THE DEFENDANT WERE FOUND GUILTY
 OR  PLED  GUILTY TO THE CHARGED OFFENSE, THE NATURE AND CIRCUMSTANCES OF
 THE CHARGED OFFENSE, THE WEIGHT OF THE EVIDENCE, THE HISTORY AND CHARAC-
 TERISTICS OF THE DEFENDANT, THE NATURE AND  SERIOUSNESS  OF  THE  DANGER
 POSED  BY  THE  DEFENDANT'S RELEASE, AND WHETHER THE PRINCIPAL SHOULD BE
 RELEASED SUBJECT TO A FURTHER CONDITION, OR COMBINATION  OF  CONDITIONS,
 THAT  REASONABLY  JUSTIFIES  THE  RELEASE  OF  THE DEFENDANT ON PERSONAL
 RECOGNIZANCE OR REDUCED BAIL, AND SUCH OTHER FACTORS IN THE INTERESTS OF
 JUSTICE AS REASONABLY DETERMINED BY THE COURT BASED ON AN INDIVIDUALIZED
 DETERMINATION AS TO WHETHER  AND  TO  WHAT  EXTENT  THAT  THE  DEFENDANT
 CONTINUES  TO  POSE  A RISK OF FLIGHT TO AVOID PROSECUTION, CONTINUES TO
 POSE A RISK OF FAILING TO APPEAR  IN  COURT  BASED  ON  THE  DEFENDANT'S
 RECORD  OF  A  PRIOR  CRIMINAL  CONVICTION OR FAILURE TO APPEAR IN PRIOR
 COURT PROCEEDINGS, OR CONTINUES TO POSE A RISK OF ENDANGERING THE SAFETY
 OF ANY OTHER PERSON OR THE COMMUNITY. IF THE COURT  DETERMINES  THAT  NO
 CONDITION  OR  COMBINATION  OF  CONDITIONS  WILL  REASONABLY  ENSURE THE
 APPEARANCE OF THE DEFENDANT AND THE SAFETY OF ANY OTHER  PERSON  OF  THE
 COMMUNITY, THE COURT SHALL CONTINUE TO DETAIN THE DEFENDANT WITHOUT BAIL
 OR WITHOUT A REDUCTION IN THE AMOUNT OF THE BAIL.
   §  25.  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.
   §  26. Subdivision 2-a of section 530.45 of the criminal procedure law
 is REPEALED.
   § 27. 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.

 S. 1802                            19
 
   [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.]
   § 28. 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] 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 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 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

 S. 1802                            20

   (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-
 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

 S. 1802                            21

 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.
   § 29. 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)  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.
   § 30. 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.

 S. 1802                            22
 
   §  31.  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.
   §  32.  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.
   § 33. Section 837-u of the executive law is REPEALED.
   § 34. This act shall take effect immediately.