NY State Senate Bill 2021-S3936

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Feb 01, 2021	referred to codes

2021-S3936 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §30.30, CP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7016
2019-2020: S2175
2023-2024: S2320

2021-S3936 (ACTIVE) - Summary

Relates to the timely scheduling of criminal trials.

2021-S3936 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3936

SPONSOR: BAILEY
 
PURPOSE OR GENERAL IDEA OF BILL:

This bill amends section 30.30 of the Criminal Procedure Law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Paragraph (d) of subdivisions 1 and 2 ensures that traffic infractions
charged alongside a misdemeanor in New York City, are covered by the
same provisions of 30.30 as other traffic infractions in the state.
Subdivision 3 codifies court practice to inquire as to actual readiness
when the people state ready for trial and allows the court to determine
whether readiness is valid.  Subdivision 3-a provides that statements of
readiness, filed on a day not scheduled for trial, be made by affidavit
and that subsequent statements of unreadiness be accompanied by support-
ing facts and approved by the court.

Subdivision 6 provides that the court, whenever it is practicable to do
so, shall rule on whether the adjournment period immediately following
each court appearance date is to be included or excluded for the

purposes of computing time under 30.30.

Subdivision 7 provides that where the people state not ready for trial
and seek an adjournment for a specific date, upon request of the defend-
ant the court shall adjourn the matter for the date requested by the
people or a date not more than ten days thereafter, unless doing so
would not be in the interest of justice.

Subdivision 8 provides that where the people and defendant state ready
for trial on the record in open court and the court is not able to
accommodate commencement of the trial immediately, the court shall not
adjourn for a date later than ten days thereafter, unless doing so would
not be in the interest of justice.

Subdivision 9 provides that where the people file a statement of trial
readiness on a day not scheduled for trial or other proceeding, upon
request of the defendant and with notice to the people, the court shall
place the matter on the court calendar within ten days of such request
to schedule a date for trial.

 
JUSTIFICATION:

New York is facing a speedy trial crisis. According to a 2016 Daily News
article, there were 1,300-1,400 people awaiting trial in NYC jails for
more than a year. A 2014 report found that 7,286 felony cases in NYC had
been pending for than six months. And a 2013 New York Times article
reported that in the Bronx, the median length of a case from arrest to
disposition was 517 days, and that more than 70 percent of felony cases
surpassed New York's "speedy trial" guidelines.  This bill will deal
with three issues that contribute to court delays by implementing a
consistent system to ensure the validity of "off-calendar" statements of
readiness; creating court records for the inclusion or exclusion of
adjournments for speedy trial purposes; and implementing a ten-day stan-
dard for subsequent court dates. The bill preserves judicial discretion
and exceptions "in the interest of justice" (for example, if complying
with the scheduling provision would have collateral consequences for the
defendant).
 
PRIOR LEGISLATIVE HISTORY:

2017-18: Referred to Codes 2019-20: Referred to Codes

 
EFFECTIVE DATE:
Sixtieth day after it shall become law.

2021-S3936 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3936
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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  the  timely
   scheduling of criminal trials
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 30.30 of the criminal procedure law, as amended  by
 section  1  of part KKK of chapter 59 of the laws of 2019, is amended to
 read as follows:
 § 30.30 Speedy trial; time limitations.
   1. Except as otherwise provided in subdivision three of this  section,
 a  motion  made  pursuant to paragraph (e) of subdivision one of section
 170.30 or paragraph (g) of subdivision one of  section  210.20  of  this
 chapter must be granted where the people are not ready for trial within:
   (a)  six  months  of  the  commencement of a criminal action wherein a
 defendant is accused of one or more offenses, at least one of which is a
 felony;
   (b) ninety days of the commencement of a  criminal  action  wherein  a
 defendant is accused of one or more offenses, at least one of which is a
 misdemeanor  punishable by a sentence of imprisonment of more than three
 months and none of which is a felony;
   (c) sixty days of the commencement of a criminal  action  wherein  the
 defendant is accused of one or more offenses, at least one of which is a
 misdemeanor  punishable  by  a sentence of imprisonment of not more than
 three months and none of which is a crime punishable by  a  sentence  of
 imprisonment of more than three months; or
   (d)  thirty  days of the commencement of a criminal action wherein the
 defendant is accused of one or more offenses, at least one of which is a
 violation and none of which is a crime.
   (e) for the purposes of  this  subdivision,  the  term  offense  shall
 include vehicle and traffic law infractions.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08676-01-1

 S. 3936                             2
 
   2.  Except  as  provided in subdivision three of this section, where a
 defendant has been committed to the custody of the sheriff or the office
 of children and family services in a criminal action he or she  must  be
 released on bail or on his or her own recognizance, upon such conditions
 as  may be just and reasonable, if the people are not ready for trial in
 that criminal action within:
   (a) ninety days from the commencement of his or her commitment to  the
 custody  of the sheriff or the office of children and family services in
 a criminal action wherein the  defendant  is  accused  of  one  or  more
 offenses, at least one of which is a felony;
   (b)  thirty days from the commencement of his or her commitment to the
 custody of the sheriff or the office of children and family services  in
 a  criminal  action  wherein  the  defendant  is  accused of one or more
 offenses, at least one  of  which  is  a  misdemeanor  punishable  by  a
 sentence  of imprisonment of more than three months and none of which is
 a felony;
   (c) fifteen days from the commencement of his or her commitment to the
 custody of the sheriff or the office of children and family services  in
 a  criminal  action  wherein  the  defendant  is  accused of one or more
 offenses, at least one  of  which  is  a  misdemeanor  punishable  by  a
 sentence of imprisonment of not more than three months and none of which
 is  a  crime punishable by a sentence of imprisonment of more than three
 months; or
   (d) five days from the commencement of his or her  commitment  to  the
 custody  of the sheriff or the office of children and family services in
 a criminal action wherein the  defendant  is  accused  of  one  or  more
 offenses,  at  least  one of which is a violation and none of which is a
 crime.
   (e) for the purposes of  this  subdivision,  the  term  offense  shall
 include vehicle and traffic law infractions.
   3.  (a)  Subdivisions  one  and  two of this section do not apply to a
 criminal action wherein the defendant is accused of an  offense  defined
 in  sections  125.10,  125.15,  125.20, 125.25, 125.26 and 125.27 of the
 penal law.
   (b) A motion made pursuant to subdivisions one or two of this  section
 upon  expiration  of the specified period may be denied where the people
 are not ready for trial if the people were ready for trial prior to  the
 expiration  of the specified period and their present unreadiness is due
 to some exceptional fact or circumstance, including, but not limited to,
 the sudden unavailability of evidence material  to  the  people's  case,
 when  the  district  attorney has exercised due diligence to obtain such
 evidence and there are reasonable grounds to believe that such  evidence
 will become available in a reasonable period.
   (c)  A  motion  made pursuant to subdivision two of this section shall
 not:
   (i) apply to any defendant who is serving a term of  imprisonment  for
 another offense;
   (ii)  require  the  release  from custody of any defendant who is also
 being held in custody pending trial of another  criminal  charge  as  to
 which the applicable period has not yet elapsed;
   (iii)  prevent  the redetention of or otherwise apply to any defendant
 who, after being released from  custody  pursuant  to  this  section  or
 otherwise,  is  charged with another crime or violates the conditions on
 which he OR SHE has been released, by failing to appear  at  a  judicial
 proceeding at which his OR HER presence is required or otherwise.

 S. 3936                             3
 
   4.  In  computing  the  time within which the people must be ready for
 trial pursuant to subdivisions one and two of this section, the  follow-
 ing periods must be excluded:
   (a)  a  reasonable  period  of  delay resulting from other proceedings
 concerning the defendant, including but not limited to: proceedings  for
 the determination of competency and the period during which defendant is
 incompetent  to  stand  trial;  demand to produce; request for a bill of
 particulars; pre-trial motions; appeals; trial of other charges; and the
 period during which such matters are under consideration by  the  court;
 or
   (b)  the  period  of delay resulting from a continuance granted by the
 court at the request of, or with the consent of, the defendant or his or
 her counsel. The court may grant such a continuance only if it is satis-
 fied that postponement is  in  the  interest  of  justice,  taking  into
 account  the  public  interest  in  the  prompt dispositions of criminal
 charges. A  defendant  without  counsel  must  not  be  deemed  to  have
 consented  to  a  continuance  unless  he or she has been advised by the
 court of his or her rights under these rules and the effect  of  his  OR
 HER consent, which must be done on the record in open court; or
   (c) (i) the period of delay resulting from the absence or unavailabil-
 ity of the defendant. A defendant must be considered absent whenever his
 OR  HER  location is unknown and he OR SHE is attempting to avoid appre-
 hension or prosecution, or his OR HER location cannot be  determined  by
 due  diligence.  A defendant must be considered unavailable whenever his
 OR HER location is known but his OR HER presence  for  trial  cannot  be
 obtained by due diligence; or
   (ii) where the defendant has either escaped from custody or has failed
 to appear when required after having previously been released on bail or
 on  his  OR  HER  own recognizance, and provided the defendant is not in
 custody on another matter, the period extending from the day  the  court
 issues  a  bench  warrant  pursuant  to  section  530.70 of this chapter
 because of the defendant's failure to appear in court when required,  to
 the  day  the  defendant subsequently appears in the court pursuant to a
 bench warrant or voluntarily or otherwise; or
   (d) a reasonable period of delay when  the  defendant  is  joined  for
 trial with a co-defendant as to whom the time for trial pursuant to this
 section  has  not  run and good cause is not shown for granting a sever-
 ance; or
   (e) the period of delay resulting from detention of the  defendant  in
 another  jurisdiction  provided  the  district attorney is aware of such
 detention and has been diligent  and  has  made  reasonable  efforts  to
 obtain the presence of the defendant for trial; or
   (f)  the  period during which the defendant is without counsel through
 no fault of the court; except when the defendant is proceeding as his OR
 HER own attorney with the permission of the court; or
   (g) other periods of delay occasioned  by  exceptional  circumstances,
 including  but  not  limited  to,  the  period of delay resulting from a
 continuance granted at the request of a district  attorney  if  (i)  the
 continuance is granted because of the unavailability of evidence materi-
 al  to  the  people's case, when the district attorney has exercised due
 diligence to obtain such evidence and there are  reasonable  grounds  to
 believe that such evidence will become available in a reasonable period;
 or  (ii) the continuance is granted to allow the district attorney addi-
 tional time to prepare the people's case and additional time  is  justi-
 fied  by  the  exceptional  circumstances  of the case. ANY STATEMENT OF
 READINESS FILED BY THE PEOPLE ON A DAY NOT SCHEDULED FOR TRIAL OR  OTHER

 S. 3936                             4
 
 PROCEEDING SHALL BE FILED BY AFFIDAVIT. Any such exclusion when a state-
 ment  of  unreadiness  has followed a statement of readiness made by the
 people must be evaluated by the court after inquiry on the record as  to
 the reasons for the people's unreadiness and shall only be approved upon
 a showing of sufficient supporting facts; or
   (h)  the  period  during which an action has been adjourned in contem-
 plation of dismissal pursuant to sections 170.55, 170.56 and  215.10  of
 this chapter; or
   (i) the period prior to the defendant's actual appearance for arraign-
 ment  in  a situation in which the defendant has been directed to appear
 by the district attorney pursuant to subdivision three of section 120.20
 or subdivision three of section 210.10 of this chapter; or
   (j) the period during which a family offense is before a family  court
 until  such  time  as  an  accusatory  instrument or indictment is filed
 against the defendant alleging a crime constituting a family offense, as
 such term is defined in section 530.11 of this chapter.
   5. Whenever pursuant to this section a prosecutor states or  otherwise
 provides  notice  that  the  people are ready for trial, the court shall
 make inquiry on the record as  to  their  actual  readiness.  If,  after
 conducting  its  inquiry,  the  court determines that the people are not
 ready to proceed to trial, the prosecutor's statement or notice of read-
 iness shall not be valid for purposes of this section. Any statement  of
 trial  readiness  must  be accompanied or preceded by a certification of
 good faith compliance with the disclosure requirements of section 245.20
 of this chapter and the defense shall be afforded an opportunity  to  be
 heard  on the record as to whether the disclosure requirements have been
 met. This subdivision shall not apply to cases  where  the  defense  has
 waived disclosure requirements.
   5-a. Upon a local criminal court accusatory instrument, a statement of
 readiness  shall  not be valid unless the prosecuting attorney certifies
 that all counts charged in the accusatory instrument meet  the  require-
 ments of sections 100.15 and 100.40 of this chapter and those counts not
 meeting  the  requirements of sections 100.15 and 100.40 of this chapter
 have been dismissed.
   6. An order finally denying a motion to dismiss pursuant  to  subdivi-
 sion  one  of  this  section  shall be reviewable upon an appeal from an
 ensuing judgment of conviction notwithstanding the fact that such  judg-
 ment is entered upon a plea of guilty.
   7.  AT  EACH COURT APPEARANCE DATE PRECEDING THE COMMENCEMENT OF TRIAL
 IN A CRIMINAL ACTION, THE COURT, WHENEVER IT IS PRACTICABLE  TO  DO  SO,
 SHALL  RULE ON WHETHER THE ADJOURNMENT PERIOD IMMEDIATELY FOLLOWING SUCH
 COURT APPEARANCE DATE IS TO BE INCLUDED OR EXCLUDED FOR THE PURPOSES  OF
 COMPUTING THE TIME WITHIN WHICH THE PEOPLE MUST BE READY FOR TRIAL WITH-
 IN  THE  MEANING OF THIS SECTION; PROVIDED THAT SUCH RULING SHALL NOT BE
 BINDING ON A DETERMINATION OF A MOTION MADE PURSUANT TO SUBDIVISION  ONE
 OR  TWO  OF THIS SECTION. THE COURT'S RULING SHALL BE NOTED IN THE COURT
 FILE.
   8. WHERE THE PEOPLE STATE NOT READY FOR TRIAL AND SEEK AN  ADJOURNMENT
 FOR  A  SPECIFIC  DATE,  UPON  REQUEST  OF THE DEFENDANT THE COURT SHALL
 ADJOURN THE MATTER FOR THE DATE REQUESTED BY THE PEOPLE OR  A  DATE  NOT
 MORE  THAN  TEN  DAYS  THEREAFTER,  UNLESS  DOING SO WOULD NOT BE IN THE
 INTEREST OF JUSTICE.
   9. WHERE THE PEOPLE AND DEFENDANT STATE READY FOR TRIAL ON THE  RECORD
 IN  OPEN  COURT AND THE COURT IS NOT ABLE TO ACCOMMODATE COMMENCEMENT OF
 THE TRIAL IMMEDIATELY, THE COURT SHALL NOT ADJOURN FOR A DATE LATER THAN

 S. 3936                             5
 
 TEN DAYS THEREAFTER, UNLESS DOING SO WOULD NOT BE  IN  THE  INTEREST  OF
 JUSTICE.
   10.  WHERE THE PEOPLE FILE A STATEMENT OF TRIAL READINESS ON A DAY NOT
 SCHEDULED FOR TRIAL OR OTHER PROCEEDING, UPON REQUEST OF  THE  DEFENDANT
 AND  WITH  NOTICE TO THE PEOPLE, THE COURT SHALL PLACE THE MATTER ON THE
 COURT CALENDAR WITHIN TEN DAYS OF SUCH REQUEST TO SCHEDULE  A  DATE  FOR
 TRIAL.
   11.  For  purposes  of  this section, (a) where the defendant is to be
 tried following the withdrawal of the plea of guilty or is to be retried
 following a mistrial, an order for a new trial or an appeal  or  collat-
 eral  attack,  the  criminal action and the commitment to the custody of
 the sheriff or the office of children and family services, if any,  must
 be  deemed  to  have commenced on the date the withdrawal of the plea of
 guilty or the date the order occasioning a retrial becomes final;
   (b) where a defendant has been served with an appearance  ticket,  the
 criminal action must be deemed to have commenced on the date the defend-
 ant first appears in a local criminal court in response to the ticket;
   (c)  where  a  criminal  action is commenced by the filing of a felony
 complaint, and thereafter, in the course of  the  same  criminal  action
 either the felony complaint is replaced with or converted to an informa-
 tion,  prosecutor's  information  or  misdemeanor  complaint pursuant to
 article one hundred eighty of this chapter or a prosecutor's information
 is filed pursuant to section 190.70 of this chapter, the period applica-
 ble for the purposes of subdivision one must be the period applicable to
 the charges in the new accusatory instrument, calculated from  the  date
 of the filing of such new accusatory instrument; provided, however, that
 when  the aggregate of such period and the period of time, excluding the
 periods provided in subdivision four, already elapsed from the  date  of
 the  filing of the felony complaint to the date of the filing of the new
 accusatory instrument exceeds six months, the period applicable  to  the
 charges  in  the felony complaint must remain applicable and continue as
 if the new accusatory instrument had not been filed;
   (d) where a criminal action is commenced by the  filing  of  a  felony
 complaint,  and  thereafter,  in  the course of the same criminal action
 either the felony complaint is replaced with or converted to an informa-
 tion, prosecutor's information  or  misdemeanor  complaint  pursuant  to
 article one hundred eighty of this chapter or a prosecutor's information
 is filed pursuant to section 190.70 of this chapter, the period applica-
 ble  for  the  purposes  of  subdivision two of this section must be the
 period applicable to the  charges  in  the  new  accusatory  instrument,
 calculated  from  the  date of the filing of such new accusatory instru-
 ment; provided, however, that when the aggregate of such period and  the
 period  of  time,  excluding the periods provided in subdivision four of
 this section, already elapsed from the date of the filing of the  felony
 complaint  to  the  date  of the filing of the new accusatory instrument
 exceeds ninety days, the period applicable to the charges in the  felony
 complaint  must  remain applicable and continue as if the new accusatory
 instrument had not been filed.
   (e) where a count of an indictment is reduced to charge only a  misde-
 meanor  or  petty  offense  and  a  reduced indictment or a prosecutor's
 information is filed pursuant to subdivisions one-a and six  of  section
 210.20 of this chapter, the period applicable for the purposes of subdi-
 vision  one of this section must be the period applicable to the charges
 in the new accusatory instrument, calculated from the date of the filing
 of such new accusatory instrument;  provided,  however,  that  when  the
 aggregate  of  such period and the period of time, excluding the periods

 S. 3936                             6
 
 provided in subdivision four of this section, already elapsed  from  the
 date  of  the  filing of the indictment to the date of the filing of the
 new accusatory instrument exceeds six months, the period  applicable  to
 the  charges in the indictment must remain applicable and continue as if
 the new accusatory instrument had not been filed;
   (f) where a count of an indictment is reduced to charge only a  misde-
 meanor  or  petty  offense  and  a  reduced indictment or a prosecutor's
 information is filed pursuant to subdivisions one-a and six  of  section
 210.20 of this chapter, the period applicable for the purposes of subdi-
 vision  two of this section must be the period applicable to the charges
 in the new accusatory instrument, calculated from the date of the filing
 of such new accusatory instrument;  provided,  however,  that  when  the
 aggregate  of  such period and the period of time, excluding the periods
 provided in subdivision four of this section, already elapsed  from  the
 date  of  the  filing of the indictment to the date of the filing of the
 new accusatory instrument exceeds ninety days, the period applicable  to
 the  charges in the indictment must remain applicable and continue as if
 the new accusatory instrument had not been filed.
   [8.] 12. The procedural rules prescribed in subdivisions  one  through
 seven  of  section  210.45  of  this chapter with respect to a motion to
 dismiss an indictment are not applicable to a motion  made  pursuant  to
 subdivision  two  of this section. If, upon oral argument, a time period
 is in dispute, the court must promptly conduct a hearing  in  which  the
 people must prove that the time period is excludable.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S3936

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S3936 (ACTIVE) - Details

2021-S3936 (ACTIVE) - Summary

2021-S3936 (ACTIVE) - Sponsor Memo

2021-S3936 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3936

Share this bill

Sponsored By

Jamaal T. Bailey

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S3936 (ACTIVE) - Details

2021-S3936 (ACTIVE) - Summary

2021-S3936 (ACTIVE) - Sponsor Memo

2021-S3936 (ACTIVE) - Bill Text download pdf

Comments