S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1523--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2021
                                ___________
 
 Introduced  by Sens. TEDISCO, AKSHAR, BORRELLO, HELMING, JORDAN, O'MARA,
   ORTT, RITCHIE -- read twice and ordered printed, and when  printed  to
   be  committed  to the Committee on Codes -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 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 relating thereto; to amend the criminal  proce-
   dure  law  and the penal law, in relation to establishing new criminal
   discovery rules; to repeal article 245 of the criminal  procedure  law
   relating  thereto;  and  to repeal certain provisions of the judiciary
   law and the executive law relating to  securing  orders  and  criminal
   discovery
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 150.10 of the  criminal  procedure
 law is REPEALED.
   § 2. Subdivision 1 of section 150.20 of the criminal procedure law, as
 amended by section 1-a of part JJJ of chapter 59 of the laws of 2019, is
 amended to read as follows:
   1.  [(a)]  Whenever a police officer is authorized pursuant to section
 140.10 of this title to arrest a person without a warrant for an offense
 other than a class A, B, C or D felony or a violation of section 130.25,
 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal  law,  he  [shall,
 except  as  set  out  in  paragraph (b) of this subdivision] OR SHE MAY,
 subject to the provisions of subdivisions  three  and  four  of  section
 150.40  of  this  [title]  ARTICLE, instead issue to and serve upon such
 person an appearance ticket.
   [(b) An officer is not required to issue an appearance ticket if:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04301-02-1
              

 S. 1523--A                          2

   (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;
   (vii)  the  person  is  charged  with  a crime for which the court may
 suspend or revoke his or her driver license;
   (viii) it reasonably appears to the officer,  based  on  the  observed
 behavior  of  the individual in the present contact with the officer and
 facts regarding the person's condition that indicates a sign of distress
 to such a degree that the  person  would  face  harm  without  immediate
 medical or mental health care, that bringing the person before the court
 would  be  in  such person's interest in addressing that need; provided,
 however, that before making the  arrest,  the  officer  shall  make  all
 reasonable   efforts  to  assist  the  person  in  securing  appropriate
 services.]
   § 3. The criminal procedure law is amended by  adding  a  new  section
 150.30 to read as follows:
 § 150.30 APPEARANCE  TICKET;  ISSUANCE  AND SERVICE THEREOF AFTER ARREST
            UPON POSTING OF PRE-ARRAIGNMENT BAIL.
   1. ISSUANCE AND SERVICE OF AN APPEARANCE TICKET BY  A  POLICE  OFFICER
 FOLLOWING  AN ARREST WITHOUT A WARRANT, AS PRESCRIBED IN SUBDIVISION TWO
 OF SECTION 150.20 OF THIS ARTICLE, MAY  BE  MADE  CONDITIONAL  UPON  THE
 POSTING  OF A SUM OF MONEY, KNOWN AS PRE-ARRAIGNMENT BAIL. IN SUCH CASE,
 THE BAIL BECOMES FORFEIT UPON FAILURE OF SUCH PERSON TO COMPLY WITH  THE
 DIRECTIONS  OF  THE APPEARANCE TICKET. THE PERSON POSTING SUCH BAIL MUST
 COMPLETE AND SIGN A FORM WHICH STATES (A) THE NAME, RESIDENTIAL  ADDRESS
 AND  OCCUPATION  OF  EACH PERSON POSTING CASH BAIL; AND (B) THE TITLE OF

 S. 1523--A                          3
 
 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
 DEVICE.  UPON THE POSTING THEREOF, SAID OFFICER MUST ISSUE AND SERVE  AN
 APPEARANCE TICKET UPON THE ARRESTED PERSON, GIVE A RECEIPT FOR THE BAIL,
 AND RELEASE SUCH PERSON FROM CUSTODY.
   4.  THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ESTABLISH A SYSTEM FOR
 THE POSTING OF PRE-ARRAIGNMENT BAIL BY MEANS OF CREDIT CARD  OR  SIMILAR
 DEVICE,  AS  IS  PROVIDED BY SECTION TWO HUNDRED TWELVE OF THE JUDICIARY
 LAW. THE HEAD OF EACH POLICE DEPARTMENT OR POLICE FORCE AND OF ANY STATE
 DEPARTMENT, AGENCY, BOARD, COMMISSION OR PUBLIC AUTHORITY HAVING  POLICE
 OFFICERS  WHO  FIX  PRE-ARRAIGNMENT BAIL AS PROVIDED HEREIN MAY ELECT TO
 USE THE SYSTEM ESTABLISHED BY THE CHIEF ADMINISTRATOR OR  MAY  ESTABLISH
 SUCH  OTHER  SYSTEM  FOR THE POSTING OF PRE-ARRAIGNMENT BAIL BY MEANS OF
 CREDIT CARD OR SIMILAR DEVICE AS HE OR SHE MAY DEEM APPROPRIATE.
   § 4. Subdivision 1 of section 150.40 of the criminal procedure law, as
 amended by section 8 of part UU of chapter 56 of the laws  of  2020,  is
 amended to read as follows:
   1.  An appearance ticket must be made returnable [at a date as soon as
 possible, but in no event later than twenty days from the date of  issu-
 ance; or at the next scheduled session of the appropriate local criminal
 court  if  such session is scheduled to occur more than twenty days from
 the date of issuance; or at a later date, with  the  court's  permission
 due to enrollment in a pre-arraignment diversion program. The appearance
 ticket shall be made returnable] in a local criminal court designated in

 S. 1523--A                          4
 
 section  100.55  of  this title as one with which an information for the
 offense in question may be filed.
   § 5. Section 150.80 of the criminal procedure law is REPEALED.
   §  6. Subdivisions 3-a, 3-b, 21 and 22 of section 500.10 of the crimi-
 nal procedure law are REPEALED.
   § 7. Subdivisions 5, 6, 7 and 9 of  section  500.10  of  the  criminal
 procedure  law,  as  amended by section 1-e of part JJJ of chapter 59 of
 the laws of 2019, are amended to read as follows:
   5. "Securing order" means an order of a court committing  a  principal
 to  the  custody  of  the sheriff or fixing bail, [where authorized,] or
 releasing the principal on the principal's own recognizance [or  releas-
 ing the principal under non-monetary conditions].
   6.  "Order of recognizance or bail" means a securing order releasing a
 principal on the principal's own  recognizance  or  [under  non-monetary
 conditions or, where authorized,] fixing bail.
   7.  "Application  for  recognizance or bail" means an application by a
 principal that the court, instead of  committing  the  principal  to  or
 retaining  the  principal  in the custody of the sheriff, either release
 the principal on the principal's own recognizance[, release  under  non-
 monetary conditions, or, where authorized,] OR fix bail.
   9.  "Bail"  means  cash  bail[,]  OR a bail bond [or money paid with a
 credit card].
   § 8. 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

 S. 1523--A                          5

 explain  its  choice  of  alternative and conditions on the record or in
 writing.
   4.  Where  the principal stands charged with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix bail, or, where the  defendant  is  charged
 with  a  qualifying  offense which is a felony, the court may commit the
 principal to the custody of the sheriff. A principal stands charged with
 a qualifying offense for the purposes of this subdivision when he or she
 stands charged with:
   (a) a felony enumerated in section 70.02 of the penal law, other  than
 robbery  in  the  second degree as defined in subdivision one of section
 160.10 of the penal law, provided, however, that burglary in the  second
 degree  as defined in subdivision two of section 140.25 of the penal law
 shall be a qualifying offense only where the defendant is  charged  with
 entering the living area of the dwelling;
   (b) a crime involving witness intimidation under section 215.15 of the
 penal law;
   (c)  a  crime involving witness tampering under section 215.11, 215.12
 or 215.13 of the penal law;
   (d) a class A felony defined in the penal law, provided that for class
 A felonies under article two hundred twenty of the penal law, only class
 A-I felonies shall be a qualifying offense;
   (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the penal law, or a felony sex offense defined in section 70.80  of  the
 penal  law,  or  a  crime involving incest as defined in section 255.25,
 255.26 or 255.27 of such law, or a misdemeanor defined  in  article  one
 hundred thirty of such law;
   (f)  conspiracy  in  the second degree as defined in section 105.15 of
 the penal law, where the underlying allegation of such  charge  is  that
 the  defendant  conspired  to commit a class A felony defined in article
 one hundred twenty-five of the penal law;
   (g) money laundering in support of terrorism in the  first  degree  as
 defined  in section 470.24 of the penal law; money laundering in support
 of terrorism in the second degree as defined in section  470.23  of  the
 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

 S. 1523--A                          6

 child as defined in section 263.10 of the penal law or promoting a sexu-
 al performance by a child as defined in section 263.15 of the penal law;
   (j)  any  crime  that  is  alleged to have caused the death of another
 person;
   (k) criminal obstruction of breathing or blood circulation as  defined
 in  section  121.11 of the penal law, strangulation in the second degree
 as defined in section 121.12 of the penal law or  unlawful  imprisonment
 in  the  first degree as defined in section 135.10 of the penal law, and
 is alleged to have committed the offense against a member of the defend-
 ant's same family or household as defined in subdivision one of  section
 530.11 of this title;
   (l) aggravated vehicular assault as defined in section 120.04-a of the
 penal law or vehicular assault in the first degree as defined in section
 120.04 of the penal law;
   (m)  assault  in  the third degree as defined in section 120.00 of the
 penal law or arson in the third degree as defined in section  150.10  of
 the  penal law, when such crime is charged as a hate crime as defined in
 section 485.05 of the penal law;
   (n) aggravated assault upon a person less than  eleven  years  old  as
 defined  in  section 120.12 of the penal law or criminal possession of a
 weapon on school grounds as defined in section  265.01-a  of  the  penal
 law;
   (o)  grand larceny in the first degree as defined in section 155.42 of
 the penal law, enterprise corruption as defined in section 460.20 of the
 penal law, or money laundering in the first degree as defined in section
 470.20 of the penal law;
   (p) failure to register as a sex  offender  pursuant  to  section  one
 hundred  sixty-eight-t  of the correction law or endangering the welfare
 of a child as defined in subdivision one of section 260.10 of the  penal
 law,  where  the  defendant  is  required to maintain registration under
 article six-C of the correction law and designated a level three  offen-
 der  pursuant to subdivision six of section one hundred sixty-eight-l of
 the correction law;
   (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

 S. 1523--A                          7

 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.
   §  9.  Section  510.20  of  the  criminal procedure law, as amended by
 section 3 of part JJJ of chapter 59 of the laws of 2019, is  amended  to
 read as follows:
 § 510.20 Application  for  [a  change in securing order] RECOGNIZANCE OR
            BAIL; MAKING AND DETERMINATION THEREOF IN GENERAL.
   1. Upon any occasion when a court [has issued] IS REQUIRED TO ISSUE  a
 securing  order  with  respect  to a principal [and the], OR AT ANY TIME
 WHEN A principal is confined in the custody of the sheriff as  a  result
 of the securing order or a previously issued securing order, the 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.
   §  10.  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:

 S. 1523--A                          8
 
   (I) THE PRINCIPAL'S CHARACTER, REPUTATION, HABITS  AND  MENTAL  CONDI-
 TION;
   (II) THE PRINCIPAL'S  EMPLOYMENT AND FINANCIAL RESOURCES;
   (III)  THE PRINCIPAL'S  FAMILY TIES AND THE LENGTH OF HIS OR HER RESI-
 DENCE IF ANY IN THE COMMUNITY;
   (IV) [information about the principal that is relevant to the  princi-
 pal's return to court, including:
   (a) The principal's activities and history;
   (b) If the principal is a defendant, the charges facing the principal;
   (c)] The principal's criminal [conviction] record if any;
   [(d)]  (V)  The principal's record of previous adjudication as a juve-
 nile delinquent, as retained pursuant to section  354.2  of  the  family
 court act, or, of pending cases where fingerprints are retained pursuant
 to section 306.1 of such act, or a youthful offender, if any;
   [(e)]  (VI)  The  principal's  previous record IF ANY IN RESPONDING TO
 COURT APPEARANCES WHEN REQUIRED OR with respect to flight to avoid crim-
 inal prosecution;
   [(f) If monetary bail is authorized, according to the restrictions set
 forth in this title, the principal's individual financial circumstances,
 and, in cases where bail is authorized, the principal's ability to  post
 bail  without  posing  undue  hardship, as well as his or her ability to
 obtain a secured, unsecured, or partially secured bond;
   (g)] (VII) Where the principal is  charged  with  a  crime  or  crimes
 against a member or members of the same family or household as that term
 is  defined  in  subdivision  one  of  section 530.11 of this title, the
 following factors:
   [(i)] (A) any violation by the principal of  an  order  of  protection
 issued  by  any  court  for the protection of a member or members of the
 same family or household as that term is defined in subdivision  one  of
 section 530.11 of this title, whether or not such order of protection is
 currently in effect; and
   [(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.
   § 11. 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

 S. 1523--A                          9
 
 (c) of subdivision 4 as amended by section 7 of part UU of chapter 56 of
 the laws of 2020, is amended to read as follows:
 § 510.40 [Court  notification  to principal of conditions of release and
            of alleged violations of  conditions  of  release]APPLICATION
            FOR  RECOGNIZANCE  OR  BAIL;  DETERMINATION  THEREOF, FORM OF
            SECURING ORDER AND EXECUTION THEREOF.
   1. AN APPLICATION FOR RECOGNIZANCE OR BAIL MUST  BE  DETERMINED  BY  A
 SECURING ORDER WHICH EITHER:
   (A)  GRANTS  THE  APPLICATION AND RELEASES THE PRINCIPAL ON HIS OR HER
 OWN RECOGNIZANCE; OR
   (B) GRANTS THE APPLICATION AND FIXES BAIL; OR
   (C) DENIES THE APPLICATION AND COMMITS THE PRINCIPAL  TO,  OR  RETAINS
 HIM OR HER IN, THE CUSTODY OF THE SHERIFF.
   2.  Upon  ordering that a principal be released on the principal's own
 recognizance, [or released under non-monetary conditions,  or,  if  bail
 has  been  fixed,  upon  the posting of bail,] the court must direct the
 principal to appear in the criminal action or proceeding involved  when-
 ever  the  principal's attendance may be required and to [be] 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.

 S. 1523--A                         10

   4.  (a) Electronic monitoring of a principal's location may be ordered
 only if the court finds, after notice, an opportunity to be heard and an
 individualized determination explained on the record or in writing, that
 the defendant qualifies for electronic  monitoring  in  accordance  with
 subdivision  twenty-one  of  section  500.10 of this title, and no other
 realistic non-monetary condition or set of non-monetary conditions  will
 suffice to reasonably assure a principal's return to court.
   (b)  The  specific  method of electronic monitoring of the principal's
 location must be approved by the court. It must be the least restrictive
 procedure and method that will reasonably assure the principal's  return
 to court, and unobtrusive to the greatest extent practicable.
   (c)  Electronic  monitoring  of  the  location  of  a principal may be
 conducted only by a public entity under the supervision and control of a
 county or municipality or a non-profit  entity  under  contract  to  the
 county,  municipality  or  the  state. A county or municipality shall be
 authorized to enter into a contract with another county or  municipality
 in  the  state  to  monitor  principals under non-monetary conditions of
 release in its county, but counties, municipalities and the state  shall
 not  contract  with  any  private  for-profit  entity for such purposes.
 Counties, municipalities and the state may contract with a private  for-
 profit  entity  to  supply electronic monitoring devices or other items,
 provided that any interaction with persons under  electronic  monitoring
 or  the  data  produced  by such monitoring shall be conducted solely by
 employees of a county, municipality, the state, or a  non-profit  entity
 under contract with such county, municipality or the state.
   (d) Electronic monitoring of a principal's location may be for a maxi-
 mum  period  of  sixty  days,  and may be renewed for such period, after
 notice, an opportunity to be heard and a de novo, individualized  deter-
 mination  in  accordance with this subdivision, which shall be explained
 on the record or in writing.
   A defendant subject  to  electronic  location  monitoring  under  this
 subdivision shall be considered held or confined in custody for purposes
 of  section  180.80 of this chapter and shall be considered committed to
 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.]
   §  12.  Sections  510.43  and 510.45 of the criminal procedure law are
 REPEALED.
   § 13. 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

 S. 1523--A                         11
 
 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.]
   § 14. Paragraph (b) of subdivision 2 of section 520.10 of the criminal
 procedure law, as amended by section 10 of part JJJ of chapter 59 of the
 laws of 2019, is amended to read as follows:
   (b) The court [shall] MAY direct that the bail be posted in any one of
 [three] TWO or more of the forms specified in subdivision  one  of  this
 section,  designated  in  the  alternative,  and may designate different
 amounts varying with the forms[, except that one of the forms  shall  be
 either an unsecured or partially secured surety bond, as selected by the
 court].
   §  15.  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.
   §  16.  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

 S. 1523--A                         12
 
 matter  returnable in the supreme or family court, as applicable, on the
 next day such court is in session.
   §  17. Subdivision 11 of section 530.12 of the criminal procedure law,
 as amended by section 15 of part JJJ of chapter 59 of the laws of  2019,
 is amended to read as follows:
   11. If a defendant is brought before the court for failure to obey any
 lawful order issued under this section, or an order of protection issued
 by  a  court  of competent jurisdiction in another state, territorial or
 tribal jurisdiction, and if, after hearing, the court  is  satisfied  by
 competent proof that the defendant has willfully failed to obey any such
 order, the court may:
   (a)  revoke  an  order  of recognizance [or release under non-monetary
 conditions] or revoke an order of bail or order forfeiture of such  bail
 and commit the defendant to custody; or
   (b)  restore  the case to the calendar when there has been an adjourn-
 ment in contemplation of dismissal and commit the defendant to  custody;
 or
   (c)  revoke  a conditional discharge in accordance with section 410.70
 of this chapter and impose probation supervision or impose a sentence of
 imprisonment in accordance with the penal  law  based  on  the  original
 conviction; or
   (d) revoke probation in accordance with section 410.70 of this chapter
 and  impose  a sentence of imprisonment in accordance with the penal law
 based on the original conviction. In addition, if the act which  consti-
 tutes  the  violation  of  the order of protection or temporary order of
 protection is a crime or a violation the defendant may be  charged  with
 and tried for that crime or violation.
   §  18. 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:
   § 19. 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
   § 20. 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.

 S. 1523--A                         13
 
   2. WHEN THE DEFENDANT IS CHARGED, BY FELONY COMPLAINT, WITH A  FELONY,
 THE  COURT  MAY, IN ITS DISCRETION, ORDER RECOGNIZANCE OR BAIL EXCEPT AS
 OTHERWISE PROVIDED IN THIS SUBDIVISION:
   (A) A CITY COURT, A TOWN COURT OR A VILLAGE COURT MAY NOT ORDER RECOG-
 NIZANCE OR BAIL WHEN (I) THE DEFENDANT IS CHARGED WITH A CLASS A FELONY,
 OR   (II)  IT  APPEARS  THAT  THE  DEFENDANT  HAS  TWO  PREVIOUS  FELONY
 CONVICTIONS;
   (B) NO LOCAL CRIMINAL  COURT  MAY  ORDER  RECOGNIZANCE  OR  BAIL  WITH
 RESPECT TO A DEFENDANT CHARGED WITH A FELONY UNLESS AND UNTIL:
   (I) THE DISTRICT ATTORNEY HAS BEEN HEARD IN THE MATTER OR, AFTER KNOW-
 LEDGE  OR  NOTICE  OF  THE  APPLICATION AND REASONABLE OPPORTUNITY TO BE
 HEARD, HAS FAILED TO APPEAR AT THE PROCEEDING OR  HAS  OTHERWISE  WAIVED
 HIS OR HER RIGHT TO DO SO; AND
   (II)  THE  COURT  HAS  BEEN FURNISHED WITH A REPORT OF THE DIVISION OF
 CRIMINAL JUSTICE SERVICES CONCERNING THE DEFENDANT'S CRIMINAL RECORD  IF
 ANY  OR  WITH A POLICE DEPARTMENT REPORT WITH RESPECT TO THE DEFENDANT'S
 PRIOR ARREST RECORD. IF NEITHER REPORT IS AVAILABLE, THE COURT, WITH THE
 CONSENT OF THE DISTRICT ATTORNEY, MAY DISPENSE  WITH  THIS  REQUIREMENT;
 PROVIDED,  HOWEVER, THAT IN AN EMERGENCY, INCLUDING BUT NOT LIMITED TO A
 SUBSTANTIAL IMPAIRMENT IN THE ABILITY OF SUCH DIVISION OR POLICE DEPART-
 MENT TO TIMELY FURNISH SUCH REPORT, SUCH CONSENT SHALL NOT  BE  REQUIRED
 IF,  FOR  REASONS  STATED ON THE RECORD, THE COURT DEEMS IT UNNECESSARY.
 WHEN THE COURT HAS BEEN FURNISHED WITH ANY SUCH  REPORT  OR  RECORD,  IT
 SHALL  FURNISH  A  COPY  THEREOF TO COUNSEL FOR THE DEFENDANT OR, IF THE
 DEFENDANT IS NOT REPRESENTED BY COUNSEL, TO THE DEFENDANT.
   § 21. 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

 S. 1523--A                         14
 
 a report as described in subparagraph (ii) of paragraph (b) of  subdivi-
 sion two of section 530.20 of this article.
   §  22.  Section 530.40 of the criminal procedure law is REPEALED and a
 new section 530.40 is added to read as follows:
 § 530.40 ORDER OF RECOGNIZANCE OR BAIL; BY SUPERIOR COURT WHEN ACTION IS
            PENDING THEREIN.
   WHEN A CRIMINAL ACTION IS PENDING IN A  SUPERIOR  COURT,  SUCH  COURT,
 UPON  APPLICATION OF A DEFENDANT, MUST OR MAY ORDER RECOGNIZANCE OR BAIL
 AS FOLLOWS:
   1. WHEN THE DEFENDANT IS CHARGED WITH AN OFFENSE OR OFFENSES  OF  LESS
 THAN FELONY GRADE ONLY, THE COURT MUST ORDER RECOGNIZANCE OR BAIL.
   2.  WHEN THE DEFENDANT IS CHARGED WITH A FELONY, THE COURT MAY, IN ITS
 DISCRETION, ORDER RECOGNIZANCE OR BAIL. IN ANY SUCH  CASE  IN  WHICH  AN
 INDICTMENT  (A)  HAS  RESULTED  FROM  AN ORDER OF A LOCAL CRIMINAL COURT
 HOLDING THE DEFENDANT FOR THE ACTION OF THE GRAND JURY, OR (B) WAS FILED
 AT A TIME WHEN A FELONY COMPLAINT CHARGING THE SAME CONDUCT WAS  PENDING
 IN  A  LOCAL CRIMINAL COURT, AND IN WHICH SUCH LOCAL CRIMINAL COURT OR A
 SUPERIOR COURT JUDGE HAS ISSUED AN ORDER OF RECOGNIZANCE OR  BAIL  WHICH
 IS  STILL  EFFECTIVE, THE SUPERIOR COURT'S ORDER MAY BE IN THE FORM OF A
 DIRECTION CONTINUING THE EFFECTIVENESS OF THE PREVIOUS ORDER.
   3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS  SECTION,
 A SUPERIOR COURT MAY NOT ORDER RECOGNIZANCE OR BAIL, OR PERMIT A DEFEND-
 ANT  TO  REMAIN  AT  LIBERTY  PURSUANT  TO  AN EXISTING ORDER, AFTER THE
 DEFENDANT HAS BEEN CONVICTED OF EITHER: (A) A CLASS A FELONY OR (B)  ANY
 CLASS  B  OR  CLASS C FELONY AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF
 THE PENAL LAW COMMITTED OR ATTEMPTED TO BE COMMITTED BY A  PERSON  EIGH-
 TEEN  YEARS OF AGE OR OLDER AGAINST A PERSON LESS THAN EIGHTEEN YEARS OF
 AGE. IN EITHER CASE THE COURT MUST COMMIT OR REMAND THE DEFENDANT TO THE
 CUSTODY OF THE SHERIFF.
   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.
   §  23.  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.

 S. 1523--A                         15

   §  24. Subdivision 2-a of section 530.45 of the criminal procedure law
 is REPEALED.
   §  25.  Section  530.50  of  the criminal procedure law, as amended by
 chapter 264 of the laws of 2003, subdivision 1 as designated and  subdi-
 vision  2 as added by section 10 of part UU of chapter 56 of the laws of
 2020, is amended to read as follows:
 § 530.50 Order of recognizance or bail; during pendency of appeal.
   [1.] A judge who is otherwise authorized pursuant to section 460.50 or
 [section] 460.60 OF THIS CHAPTER to issue an order  of  recognizance  or
 bail  pending  the  determination  of  an  appeal,  may do so unless the
 defendant received a class A felony sentence or a sentence for any class
 B or class C felony offense defined in article one hundred thirty of the
 penal law committed or attempted to be committed by  a  person  eighteen
 years of age or older against a person less than eighteen years of age.
   [2.  Notwithstanding  the  provisions  of  subdivision four of section
 510.10, paragraph (b) of subdivision one of section 530.20 and  subdivi-
 sion four of section 530.40 of this title, when a defendant charged with
 an offense that is not such a qualifying offense applies, pending deter-
 mination  of  an appeal, for an order of recognizance or release on non-
 monetary conditions, where authorized, or fixing bail, a  judge  identi-
 fied   in  subdivision  two  of  section  460.50  or  paragraph  (a)  of
 subdivision one of section 460.60 of this  chapter  may,  in  accordance
 with  law,  and  except  as  otherwise provided by law, issue a securing
 order: releasing the defendant on the defendant's  own  recognizance  or
 under  non-monetary conditions where authorized, fixing bail, or remand-
 ing the defendant to the custody of the sheriff where authorized.]
   § 26. 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

 S. 1523--A                         16
 
 offenses or intimidated a victim or  witness  in  violation  of  section
 215.15, 215.16 or 215.17 of the penal law while at liberty.
   [(b)  Except  as  provided in paragraph (a) of this subdivision or any
 other law, whenever in the course of a criminal action or  proceeding  a
 defendant  charged  with the commission of an offense is at liberty as a
 result of an order of recognizance, release  under  non-monetary  condi-
 tions  or  bail  issued pursuant to this article it shall be grounds for
 revoking such order and fixing bail in such criminal action or  proceed-
 ing when the court has found, by clear and convincing evidence, that the
 defendant:
   (i) persistently and willfully failed to appear after notice of sched-
 uled appearances in the case before the court; or
   (ii)  violated  an  order  of  protection  in the manner prohibited by
 subdivision (b), (c) or (d) of section 215.51 of the penal law while  at
 liberty; or
   (iii)  stands  charged  in  such  criminal action or proceeding with a
 misdemeanor or violation and, after  being  so  charged,  intimidated  a
 victim  or  witness  in violation of section 215.15, 215.16 or 215.17 of
 the penal law or tampered with a witness in violation of section 215.11,
 215.12 or 215.13 of the penal law, law while at liberty; or
   (iv) stands charged in such action or proceeding with  a  felony  and,
 after being so charged, committed a felony while at liberty.
   (c)] Before revoking an order of recognizance[, release under non-mon-
 etary  conditions,] or bail pursuant to this subdivision, the court must
 hold a hearing and shall receive any relevant, admissible  evidence  not
 legally  privileged.  The  defendant may cross-examine witnesses and may
 present relevant, admissible evidence on his own  behalf.  Such  hearing
 may  be  consolidated  with, and conducted at the same time as, a felony
 hearing conducted pursuant to article one hundred eighty of  this  chap-
 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

 S. 1523--A                         17
 
 provisions  of  THIS article [five hundred thirty of this chapter] shall
 apply[; and].
   [(ii) Under paragraph (b) of this subdivision, revocation of the order
 of  recognizance,  release under non-monetary conditions or, as the case
 may be, bail shall result in the issuance of a new securing order  which
 may,  if  otherwise authorized by law, permit the principal's release on
 recognizance or release under non-monetary conditions,  but  shall  also
 render  the defendant eligible for an order fixing bail provided, howev-
 er, that in accordance with the principles in this title the court  must
 select  the  least  restrictive  alternative and condition or conditions
 that will reasonably assure the principal's return to court.  Nothing in
 this subparagraph shall be  interpreted  as  shortening  the  period  of
 detention,  or  requiring  or authorizing any less restrictive form of a
 securing order, which may be imposed pursuant to any other law.
   (e)] (C) Notwithstanding the provisions of paragraph (a) [or  (b)]  of
 this  subdivision  a defendant, against whom a felony complaint has been
 filed which charges the defendant  with  commission  of  a  class  A  or
 violent felony offense [or violation of section 215.15, 215.16 or 215.17
 of  the penal law] committed while he OR SHE was at liberty as specified
 therein, may be committed to the custody of the sheriff pending a  revo-
 cation  hearing  for  a period not to exceed seventy-two hours. An addi-
 tional period not to exceed seventy-two hours  may  be  granted  by  the
 court  upon  application of the district attorney upon a showing of good
 cause or where the failure to  commence  the  hearing  was  due  to  the
 defendant's request or occurred with his OR HER consent. Such good cause
 must  consist  of  some  compelling fact or circumstance which precluded
 conducting the hearing within the initial prescribed period.
   § 27. 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.
   §  28.  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

 S. 1523--A                         18
 
 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.
   § 29. 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.
   § 30. Article 245 of the criminal procedure law is REPEALED.
   § 31. The criminal procedure law is amended by adding  a  new  article
 240 to read as follows:
                                ARTICLE 240
                                 DISCOVERY
 SECTION 240.10 DEFINITION OF TERMS.
         240.20 UPON DEMAND OF DEFENDANT.
         240.30 UPON DEMAND OF PROSECUTOR.
         240.35 REFUSAL OF DEMAND.
         240.40 UPON COURT ORDER.
         240.43 DISCLOSURE OF PRIOR UNCHARGED CRIMINAL, VICIOUS OR IMMOR-
                  AL ACTS.
         240.44 UPON PRE-TRIAL HEARING.
         240.45 UPON  TRIAL,  OF PRIOR STATEMENTS AND CRIMINAL HISTORY OF
                  WITNESSES.
         240.50 PROTECTIVE ORDERS.
         240.60 CONTINUING DUTY TO DISCLOSE.
         240.70 SANCTIONS; FEES.
         240.75 CERTAIN VIOLATIONS.
         240.80 WHEN DEMAND, REFUSAL AND COMPLIANCE MADE.
         240.90 MOTION PROCEDURE.
 § 240.10 DEFINITION OF TERMS. THE FOLLOWING DEFINITIONS  ARE  APPLICABLE
 TO THIS ARTICLE:
   1.  "DEMAND  TO  PRODUCE"    MEANS A WRITTEN NOTICE SERVED BY AND ON A
 PARTY TO A CRIMINAL ACTION, WITHOUT LEAVE OF  THE  COURT,  DEMANDING  TO
 INSPECT  PROPERTY  PURSUANT TO THIS ARTICLE AND GIVING REASONABLE NOTICE
 OF THE TIME AT WHICH THE DEMANDING PARTY WISHES TO INSPECT THE  PROPERTY
 DESIGNATED.

 S. 1523--A                         19
 
   2. "ATTORNEYS' WORK  PRODUCT" MEANS PROPERTY TO  THE  EXTENT  THAT  IT
 CONTAINS THE  OPINIONS,  THEORIES  OR  CONCLUSIONS  OF  THE  PROSECUTOR,
 DEFENSE COUNSEL OR MEMBERS OF THEIR LEGAL STAFFS.
   3.  "PROPERTY"  MEANS ANY EXISTING TANGIBLE PERSONAL OR REAL PROPERTY,
 INCLUDING, BUT NOT  LIMITED  TO,  BOOKS,  RECORDS,  REPORTS,  MEMORANDA,
 PAPERS,  PHOTOGRAPHS,  TAPES OR OTHER ELECTRONIC RECORDINGS, ARTICLES OF
 CLOTHING,  FINGERPRINTS,  BLOOD   SAMPLES,   FINGERNAIL   SCRAPINGS   OR
 HANDWRITING SPECIMENS, BUT EXCLUDING ATTORNEYS' WORK PRODUCT.
   4.  "AT  THE  TRIAL"  MEANS AS PART OF THE PEOPLE'S OR THE DEFENDANT'S
 DIRECT CASE.
 § 240.20 UPON DEMAND OF DEFENDANT.
   1. EXCEPT  TO  THE  EXTENT PROTECTED BY COURT ORDER, UPON A DEMAND  TO
 PRODUCE BY A  DEFENDANT  AGAINST  WHOM  AN  INDICTMENT,  SUPERIOR  COURT
 INFORMATION,   PROSECUTOR'S   INFORMATION,  INFORMATION,  OR  SIMPLIFIED
 INFORMATION CHARGING A MISDEMEANOR  IS  PENDING,  THE  PROSECUTOR  SHALL
 DISCLOSE   TO   THE  DEFENDANT    AND  MAKE  AVAILABLE  FOR  INSPECTION,
 PHOTOGRAPHING, COPYING OR TESTING, THE FOLLOWING PROPERTY:
   (A)  ANY WRITTEN, RECORDED OR ORAL STATEMENT OF THE DEFENDANT, AND  OF
 A CO-DEFENDANT  TO  BE TRIED JOINTLY, MADE, OTHER THAN IN THE COURSE  OF
 THE CRIMINAL TRANSACTION, TO A PUBLIC SERVANT ENGAGED IN LAW ENFORCEMENT
 ACTIVITY  OR  TO  A  PERSON  THEN  ACTING  UNDER  HIS  DIRECTION  OR  IN
 COOPERATION WITH HIM;
   (B)  ANY  TRANSCRIPT  OF  TESTIMONY RELATING TO THE CRIMINAL ACTION OR
 PROCEEDING PENDING AGAINST THE DEFENDANT, GIVEN BY THE DEFENDANT, OR  BY
 A CO-DEFENDANT TO BE TRIED JOINTLY, BEFORE ANY GRAND JURY;
   (C) ANY WRITTEN REPORT OR DOCUMENT, OR PORTION THEREOF,  CONCERNING  A
 PHYSICAL OR  MENTAL  EXAMINATION,  OR  SCIENTIFIC  TEST  OR  EXPERIMENT,
 RELATING  TO  THE CRIMINAL ACTION OR PROCEEDING WHICH WAS MADE BY, OR AT
 THE REQUEST OR DIRECTION OF A PUBLIC SERVANT ENGAGED IN LAW  ENFORCEMENT
 ACTIVITY,  OR  WHICH WAS MADE BY A PERSON WHOM THE PROSECUTOR INTENDS TO
 CALL  AS  A WITNESS AT TRIAL, OR WHICH THE PEOPLE INTEND TO INTRODUCE AT
 TRIAL;
   (D) ANY PHOTOGRAPH OR   DRAWING RELATING TO  THE  CRIMINAL  ACTION  OR
 PROCEEDING WHICH WAS MADE OR COMPLETED BY A PUBLIC  SERVANT  ENGAGED  IN
 LAW  ENFORCEMENT  ACTIVITY,  OR  WHICH  WAS  MADE  BY  A PERSON WHOM THE
 PROSECUTOR INTENDS TO CALL AS A WITNESS AT TRIAL, OR  WHICH  THE  PEOPLE
 INTEND TO INTRODUCE AT TRIAL;
   (E)  ANY PHOTOGRAPH, PHOTOCOPY OR OTHER REPRODUCTION MADE BY OR AT THE
 DIRECTION OF A POLICE OFFICER,  PEACE  OFFICER  OR  PROSECUTOR  OF   ANY
 PROPERTY  PRIOR  TO  ITS  RELEASE  PURSUANT TO THE PROVISIONS OF SECTION
 450.10 OF THE PENAL LAW, IRRESPECTIVE OF WHETHER THE  PEOPLE  INTEND  TO
 INTRODUCE  AT  TRIAL  THE PROPERTY OR THE PHOTOGRAPH, PHOTOCOPY OR OTHER
 REPRODUCTION.
   (F)  ANY OTHER PROPERTY OBTAINED FROM THE DEFENDANT, OR A CO-DEFENDANT
 TO BE TRIED JOINTLY;
   (G)  ANY TAPES OR OTHER ELECTRONIC  RECORDINGS  WHICH  THE  PROSECUTOR
 INTENDS  TO  INTRODUCE  AT TRIAL, IRRESPECTIVE OF WHETHER SUCH RECORDING
 WAS MADE DURING THE COURSE OF THE CRIMINAL TRANSACTION;
   (H) ANYTHING REQUIRED TO  BE  DISCLOSED,   PRIOR   TO   TRIAL, TO  THE
 DEFENDANT  BY THE PROSECUTOR, PURSUANT TO THE CONSTITUTION OF THIS STATE
 OR OF THE UNITED STATES.
   (I) THE APPROXIMATE DATE, TIME AND PLACE OF THE OFFENSE CHARGED AND OF
 DEFENDANT'S ARREST.
   (J)  IN  ANY PROSECUTION UNDER PENAL LAW SECTION 156.05 OR 156.10, THE
 TIME,  PLACE  AND  MANNER OF NOTICE GIVEN PURSUANT TO SUBDIVISION SIX OF
 SECTION 156.00 OF SUCH LAW.

 S. 1523--A                         20
 
   (K) IN ANY PROSECUTION  COMMENCED  IN  A  MANNER  SET  FORTH  IN  THIS
 SUBDIVISION  ALLEGING  A  VIOLATION  OF  THE VEHICLE AND TRAFFIC LAW, IN
 ADDITION TO ANY MATERIAL REQUIRED  TO  BE  DISCLOSED  PURSUANT  TO  THIS
 ARTICLE,  ANY  OTHER PROVISION OF LAW, OR THE CONSTITUTION OF THIS STATE
 OR OF THE UNITED STATES, ANY WRITTEN  REPORT  OR  DOCUMENT,  OR  PORTION
 THEREOF,  CONCERNING  A  PHYSICAL  EXAMINATION,  A  SCIENTIFIC  TEST  OR
 EXPERIMENT,   INCLUDING  THE  MOST  RECENT  RECORD  OF   INSPECTION,  OR
 CALIBRATION  OR  REPAIR  OF  MACHINES OR INSTRUMENTS UTILIZED TO PERFORM
 SUCH SCIENTIFIC TESTS OR EXPERIMENTS AND THE CERTIFICATION  CERTIFICATE,
 IF  ANY, HELD BY THE OPERATOR OF THE MACHINE OR INSTRUMENT, WHICH  TESTS
 OR EXAMINATIONS WERE MADE BY OR AT THE REQUEST OR DIRECTION OF A  PUBLIC
 SERVANT  ENGAGED  IN  LAW  ENFORCEMENT  ACTIVITY  OR WHICH WAS MADE BY A
 PERSON WHOM THE PROSECUTOR INTENDS TO CALL AS A  WITNESS  AT  TRIAL,  OR
 WHICH THE PEOPLE INTEND TO INTRODUCE AT TRIAL.
   2.  THE   PROSECUTOR   SHALL  MAKE  A  DILIGENT,  GOOD FAITH EFFORT TO
 ASCERTAIN THE EXISTENCE OF DEMANDED PROPERTY AND TO CAUSE SUCH  PROPERTY
 TO BE MADE AVAILABLE FOR DISCOVERY WHERE IT EXISTS BUT IS NOT WITHIN THE
 PROSECUTOR'S   POSSESSION,  CUSTODY  OR  CONTROL;  PROVIDED,  THAT   THE
 PROSECUTOR  SHALL NOT BE REQUIRED  TO  OBTAIN  BY  SUBPOENA  DUCES TECUM
 DEMANDED MATERIAL WHICH THE DEFENDANT MAY THEREBY OBTAIN.
 § 240.30 UPON DEMAND OF PROSECUTOR.
   1. EXCEPT TO  THE  EXTENT PROTECTED BY COURT ORDER, UPON A  DEMAND  TO
 PRODUCE BY THE PROSECUTOR,  A  DEFENDANT  AGAINST  WHOM  AN  INDICTMENT,
 SUPERIOR  COURT  INFORMATION,  PROSECUTOR'S INFORMATION, INFORMATION, OR
 SIMPLIFIED INFORMATION CHARGING A MISDEMEANOR IS PENDING SHALL  DISCLOSE
 AND  MAKE  AVAILABLE  FOR INSPECTION, PHOTOGRAPHING, COPYING OR TESTING,
 SUBJECT TO CONSTITUTIONAL LIMITATIONS:
   (A) ANY WRITTEN REPORT OR DOCUMENT, OR PORTION THEREOF,  CONCERNING  A
 PHYSICAL  OR  MENTAL  EXAMINATION,  OR  SCIENTIFIC  TEST, EXPERIMENT, OR
 COMPARISONS, MADE BY OR AT THE REQUEST OR DIRECTION OF,  THE  DEFENDANT,
 IF  THE DEFENDANT INTENDS TO INTRODUCE SUCH REPORT OR DOCUMENT AT TRIAL,
 OR  IF THE DEFENDANT HAS FILED A NOTICE OF INTENT TO PROFFER PSYCHIATRIC
 EVIDENCE AND SUCH REPORT OR DOCUMENT RELATES THERETO, OR IF SUCH  REPORT
 OR  DOCUMENT  WAS MADE BY A PERSON, OTHER THAN DEFENDANT, WHOM DEFENDANT
 INTENDS TO CALL AS A WITNESS AT TRIAL; AND
   (B) ANY PHOTOGRAPH, DRAWING, TAPE OR OTHER ELECTRONIC RECORDING  WHICH
 THE DEFENDANT INTENDS TO INTRODUCE AT TRIAL.
   2.  THE  DEFENSE  SHALL MAKE A DILIGENT GOOD FAITH EFFORT TO MAKE SUCH
 PROPERTY AVAILABLE FOR DISCOVERY WHERE IT EXISTS BUT THE PROPERTY IS NOT
 WITHIN ITS POSSESSION, CUSTODY OR CONTROL, PROVIDED, THAT THE  DEFENDANT
 SHALL  NOT  BE  REQUIRED  TO  OBTAIN  BY  SUBPOENA  DUCES TECUM DEMANDED
 MATERIAL THAT THE PROSECUTOR MAY THEREBY OBTAIN.
 § 240.35 REFUSAL OF DEMAND.
   NOTWITHSTANDING  THE  PROVISIONS  OF  SECTIONS  240.20 AND 240.30, THE
 PROSECUTOR OR THE DEFENDANT, AS THE CASE MAY BE, MAY REFUSE TO  DISCLOSE
 ANY  INFORMATION  WHICH  HE REASONABLY BELIEVES IS NOT DISCOVERABLE BY A
 DEMAND TO PRODUCE, PURSUANT TO SECTION 240.20 OR SECTION 240.30  AS  THE
 CASE  MAY  BE,  OR  FOR  WHICH HE REASONABLY BELIEVES A PROTECTIVE ORDER
 WOULD BE WARRANTED.   SUCH REFUSAL SHALL BE MADE  IN  A  WRITING,  WHICH
 SHALL  SET  FORTH  THE  GROUNDS  OF  SUCH  BELIEF  AS FULLY AS POSSIBLE,
 CONSISTENT WITH THE OBJECTIVE OF THE REFUSAL. THE   WRITING   SHALL   BE
 SERVED  UPON  THE  DEMANDING  PARTY  AND  A COPY SHALL BE FILED WITH THE
 COURT.
 § 240.40 UPON COURT ORDER.
   NOTWITHSTANDING  THE  PROVISIONS  OF  SECTIONS  240.20 AND 240.30, THE
 PROSECUTOR OR THE DEFENDANT, AS THE CASE MAY BE, MAY REFUSE TO  DISCLOSE

 S. 1523--A                         21
 
 ANY  INFORMATION  WHICH  HE REASONABLY BELIEVES IS NOT DISCOVERABLE BY A
 DEMAND TO PRODUCE, PURSUANT TO SECTION 240.20 OR SECTION 240.30  AS  THE
 CASE  MAY  BE,  OR  FOR  WHICH HE REASONABLY BELIEVES A PROTECTIVE ORDER
 WOULD BE WARRANTED.   SUCH REFUSAL SHALL BE MADE  IN  A  WRITING,  WHICH
 SHALL  SET  FORTH  THE  GROUNDS  OF  SUCH  BELIEF  AS FULLY AS POSSIBLE,
 CONSISTENT  WITH  THE  OBJECTIVE OF THE REFUSAL. THE  WRITING  SHALL  BE
 SERVED  UPON  THE  DEMANDING  PARTY  AND  A COPY SHALL BE FILED WITH THE
 COURT.
 § 240.43 DISCLOSURE OF PRIOR  UNCHARGED  CRIMINAL,  VICIOUS  OR  IMMORAL
            ACTS.
   1.  UPON  MOTION  OF  A DEFENDANT AGAINST WHOM AN INDICTMENT, SUPERIOR
 COURT INFORMATION, PROSECUTOR'S INFORMATION, INFORMATION, OR  SIMPLIFIED
 INFORMATION  CHARGING  A MISDEMEANOR IS PENDING, THE COURT IN WHICH SUCH
 ACCUSATORY INSTRUMENT IS PENDING:
   (A) MUST ORDER DISCOVERY AS TO  ANY  MATERIAL  NOT  DISCLOSED  UPON  A
 DEMAND  PURSUANT  TO  SECTION  240.20, IF IT FINDS THAT THE PROSECUTOR'S
 REFUSAL TO DISCLOSE SUCH MATERIAL IS NOT JUSTIFIED;
   (B) MUST, UNLESS IT IS SATISFIED  THAT  THE   PEOPLE HAVE  SHOWN  GOOD
 CAUSE  WHY  SUCH  AN  ORDER SHOULD NOT BE ISSUED, ORDER DISCOVERY OR ANY
 OTHER ORDER  AUTHORIZED  BY SUBDIVISION  ONE OF SECTION 240.70 AS TO ANY
 MATERIAL NOT DISCLOSED UPON DEMAND PURSUANT TO SECTION 240.20 WHERE  THE
 PROSECUTOR   HAS   FAILED  TO SERVE A TIMELY WRITTEN REFUSAL PURSUANT TO
 SECTION 240.35; (C) MAY ORDER DISCOVERY WITH RESPECT TO ANY OTHER  PROP-
 ERTY,  WHICH THE PEOPLE INTEND TO INTRODUCE  AT  THE TRIAL, UPON A SHOW-
 ING BY THE DEFENDANT THAT DISCOVERY WITH RESPECT  TO  SUCH  PROPERTY  IS
 MATERIAL  TO  THE  PREPARATION OF   HIS   OR HER   DEFENSE, AND THAT THE
 REQUEST  IS  REASONABLE;  AND  (D)  WHERE  PROPERTY  IN   THE   PEOPLE'S
 POSSESSION,  CUSTODY,   OR   CONTROL  THAT  CONSISTS  OF  A DEOXYRIBONU-
 CLEIC ACID ("DNA") PROFILE OBTAINED FROM PROBATIVE  BIOLOGICAL  MATERIAL
 GATHERED  IN  CONNECTION  WITH  THE  INVESTIGATION OR PROSECUTION OF THE
 DEFENDANT  AND THE DEFENDANT ESTABLISHES THAT SUCH PROFILE COMPLIES WITH
 FEDERAL BUREAU OF INVESTIGATION OR  STATE   REQUIREMENTS, WHICHEVER  ARE
 APPLICABLE    AND  AS  SUCH  REQUIREMENTS ARE APPLIED TO LAW ENFORCEMENT
 AGENCIES SEEKING A KEYBOARD SEARCH OR SIMILAR COMPARISON, AND  THAT  THE
 DATA  MEETS STATE DNA INDEX SYSTEM OR NATIONAL DNA INDEX SYSTEM CRITERIA
 AS SUCH CRITERIA ARE APPLIED TO LAW ENFORCEMENT AGENCIES SEEKING SUCH  A
 KEYBOARD  SEARCH OR  SIMILAR  COMPARISON, THE COURT MAY ORDER AN  ENTITY
 THAT HAS ACCESS TO THE COMBINED DNA INDEX SYSTEM OR ITS SUCCESSOR SYSTEM
 TO COMPARE SUCH DNA PROFILE AGAINST DNA DATABANKS BY KEYBOARD  SEARCHES,
 OR A SIMILAR METHOD THAT DOES NOT INVOLVE UPLOADING, UPON NOTICE TO BOTH
 PARTIES AND THE ENTITY REQUIRED TO PERFORM THE SEARCH, UPON A SHOWING BY
 THE  DEFENDANT THAT SUCH A COMPARISON IS MATERIAL TO THE PRESENTATION OF
 HIS OR HER DEFENSE AND THAT THE REQUEST IS REASONABLE. FOR  PURPOSES  OF
 THIS PARAGRAPH, A "KEYBOARD SEARCH" SHALL MEAN A SEARCH OF A DNA PROFILE
 AGAINST  THE  DATABANK  IN  WHICH  THE  PROFILE  THAT IS SEARCHED IS NOT
 UPLOADED TO OR MAINTAINED IN THE  DATABANK.  UPON  GRANTING  THE  MOTION
 PURSUANT  TO  PARAGRAPH  (C)  OF THIS SUBDIVISION, THE COURT SHALL, UPON
 MOTION OF THE PEOPLE SHOWING SUCH TO BE MATERIAL TO THE  PREPARATION  OF
 THEIR  CASE  AND  THAT THE REQUEST IS REASONABLE, CONDITION ITS ORDER OF
 DISCOVERY  BY FURTHER DIRECTING DISCOVERY BY THE PEOPLE OF  PROPERTY, OF
 THE  SAME  KIND  OR  CHARACTER AS THAT AUTHORIZED TO BE INSPECTED BY THE
 DEFENDANT, WHICH HE OR SHE INTENDS TO INTRODUCE AT THE TRIAL.
   2. UPON MOTION  OF  THE  PROSECUTOR,  AND   SUBJECT TO  CONSTITUTIONAL
 LIMITATION,   THE    COURT  IN   WHICH  AN  INDICTMENT,  SUPERIOR  COURT
 INFORMATION,  PROSECUTOR'S  INFORMATION,  INFORMATION,   OR   SIMPLIFIED
 INFORMATION  CHARGING A MISDEMEANOR IS PENDING: (A) MUST ORDER DISCOVERY

 S. 1523--A                         22
 
 AS TO ANY PROPERTY NOT DISCLOSED  UPON  A  DEMAND  PURSUANT  TO  SECTION
 240.30,  IF  IT  FINDS  THAT  THE  DEFENDANT'S  REFUSAL TO DISCLOSE SUCH
 MATERIAL IS NOT JUSTIFIED; AND (B) MAY ORDER THE  DEFENDANT  TO  PROVIDE
 NON-TESTIMONIAL  EVIDENCE.  SUCH  ORDER MAY, AMONG OTHER THINGS, REQUIRE
 THE DEFENDANT TO:
   (I) APPEAR IN A LINE-UP;
   (II) SPEAK FOR IDENTIFICATION BY WITNESS OR POTENTIAL WITNESS;
   (III) BE FINGERPRINTED;
   (IV) POSE FOR PHOTOGRAPHS NOT INVOLVING REENACTMENT OF AN EVENT;
   (V) PERMIT THE TAKING OF SAMPLES OF BLOOD,  HAIR  OR  OTHER  MATERIALS
 FROM  HIS  BODY  IN  A  MANNER  NOT  INVOLVING AN UNREASONABLE INTRUSION
 THEREOF OR A RISK OF SERIOUS PHYSICAL INJURY THERETO;
   (VI) PROVIDE SPECIMENS OF HIS HANDWRITING;
   (VII)  SUBMIT  TO  A  REASONABLE PHYSICAL OR MEDICAL INSPECTION OF HIS
 BODY.
   THIS SUBDIVISION SHALL NOT BE CONSTRUED TO LIMIT, EXPAND, OR OTHERWISE
 AFFECT THE ISSUANCE OF A SIMILAR COURT ORDER, AS MAY  BE  AUTHORIZED  BY
 LAW,  BEFORE THE FILING OF AN ACCUSATORY INSTRUMENT CONSISTENT WITH SUCH
 RIGHTS AS THE DEFENDANT MAY DERIVE FROM THE CONSTITUTION OF  THIS  STATE
 OR OF THE UNITED STATES. THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT OR
 OTHERWISE   AFFECT   THE  ADMINISTRATION OF A CHEMICAL TEST WHERE OTHER-
 WISE AUTHORIZED PURSUANT TO SECTION ONE  THOUSAND  ONE  HUNDRED  NINETY-
 FOUR-A OF THE VEHICLE AND TRAFFIC LAW.
   3. AN ORDER PURSUANT  TO  THIS  SECTION  MAY  BE  DENIED,  LIMITED  OR
 CONDITIONED AS PROVIDED IN SECTION 240.50.
 § 240.44 UPON PRE-TRIAL HEARING.
   SUBJECT  TO A   PROTECTIVE   ORDER,   AT A PRE-TRIAL HEARING HELD IN A
 CRIMINAL COURT AT WHICH A WITNESS IS CALLED TO  TESTIFY,  EACH    PARTY,
 PRIOR  TO  THE  COMMENCEMENT OF THE   DIRECT  EXAMINATION OF EACH OF ITS
 WITNESSES, SHALL, UPON REQUEST OF THE OTHER  PARTY,  MAKE  AVAILABLE  TO
 THAT PARTY  TO THE EXTENT NOT PREVIOUSLY DISCLOSED:
   1. ANY WRITTEN OR RECORDED STATEMENT, INCLUDING ANY TESTIMONY BEFORE A
 GRAND  JURY, MADE BY SUCH WITNESS OTHER THAN THE DEFENDANT WHICH RELATES
 TO THE SUBJECT MATTER OF THE WITNESS'S TESTIMONY.
   2. A RECORD OF A JUDGMENT OF CONVICTION OF SUCH WITNESS OTHER THAN THE
 DEFENDANT IF THE RECORD OF CONVICTION IS  KNOWN  BY  THE  PROSECUTOR  OR
 DEFENDANT, AS THE CASE MAY BE, TO EXIST.
   3.  THE  EXISTENCE OF ANY PENDING CRIMINAL ACTION AGAINST SUCH WITNESS
 OTHER THAN THE DEFENDANT IF THE PENDING CRIMINAL ACTION IS KNOWN BY  THE
 PROSECUTOR OR DEFENDANT, AS THE CASE MAY BE, TO EXIST.
 § 240.45 UPON  TRIAL,  OF  PRIOR  STATEMENTS  AND  CRIMINAL  HISTORY  OF
            WITNESSES.
   1.  AFTER  THE JURY HAS BEEN SWORN AND BEFORE THE PROSECUTOR'S OPENING
 ADDRESS, OR IN THE CASE OF A SINGLE JUDGE TRIAL AFTER  COMMENCEMENT  AND
 BEFORE  SUBMISSION  OF  EVIDENCE,  THE  PROSECUTOR  SHALL,  SUBJECT TO A
 PROTECTIVE ORDER, MAKE AVAILABLE TO THE DEFENDANT:
   (A) ANY WRITTEN OR RECORDED STATEMENT, INCLUDING ANY TESTIMONY  BEFORE
 A GRAND JURY AND AN EXAMINATION VIDEOTAPED PURSUANT TO SECTION 190.32 OF
 THIS CHAPTER, MADE BY A PERSON WHOM THE PROSECUTOR INTENDS TO CALL AS  A
 WITNESS  AT  TRIAL,  AND  WHICH  RELATES  TO  THE  SUBJECT MATTER OF THE
 WITNESS'S TESTIMONY;
   (B)  A RECORD OF JUDGMENT OF CONVICTION OF A WITNESS THE PEOPLE INTEND
 TO CALL AT TRIAL IF THE RECORD OF CONVICTION IS KNOWN BY THE  PROSECUTOR
 TO EXIST;

 S. 1523--A                         23
 
   (C) THE  EXISTENCE OF ANY PENDING CRIMINAL ACTION  AGAINST  A  WITNESS
 THE PEOPLE INTEND TO CALL AT TRIAL, IF THE PENDING  CRIMINAL  ACTION  IS
 KNOWN BY THE PROSECUTOR TO EXIST.
  THE  PROVISIONS OF PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION SHALL NOT
 BE  CONSTRUED  TO  REQUIRE  THE  PROSECUTOR  TO FINGERPRINT A WITNESS OR
 OTHERWISE CAUSE THE DIVISION OF CRIMINAL JUSTICE SERVICES OR  OTHER  LAW
 ENFORCEMENT AGENCY OR COURT TO ISSUE A REPORT CONCERNING A WITNESS.
   2. AFTER  PRESENTATION  OF  THE PEOPLE'S DIRECT CASE  AND  BEFORE  THE
 PRESENTATION OF  THE  DEFENDANT'S  DIRECT  CASE,  THE  DEFENDANT  SHALL,
 SUBJECT TO A PROTECTIVE ORDER, MAKE AVAILABLE TO THE PROSECUTOR:
   (A)  ANY WRITTEN OR RECORDED STATEMENT MADE BY A PERSON OTHER THAN THE
 DEFENDANT WHOM THE DEFENDANT INTENDS TO CALL AS A WITNESS AT THE  TRIAL,
 AND WHICH RELATES TO THE SUBJECT MATTER OF THE WITNESS'S TESTIMONY;
   (B)  A  RECORD  OF JUDGMENT OF CONVICTION OF A WITNESS, OTHER THAN THE
 DEFENDANT, THE DEFENDANT INTENDS TO CALL  AT  TRIAL  IF  THE  RECORD  OF
 CONVICTION IS KNOWN BY THE DEFENDANT TO EXIST;
   (C)  THE  EXISTENCE  OF ANY PENDING CRIMINAL ACTION AGAINST A WITNESS,
 OTHER THAN THE DEFENDANT, THE DEFENDANT INTENDS TO CALL AT TRIAL, IF THE
 PENDING CRIMINAL ACTION IS KNOWN BY THE DEFENDANT TO EXIST.
 § 240.50 PROTECTIVE ORDERS.
   1.  THE COURT IN WHICH THE CRIMINAL ACTION IS PENDING MAY, UPON MOTION
 OF EITHER  PARTY, OR OF ANY AFFECTED PERSON, OR UPON DETERMINATION OF  A
 MOTION OF EITHER PARTY FOR AN  ORDER  OF  DISCOVERY,  OR  UPON  ITS  OWN
 INITIATIVE,  ISSUE  A  PROTECTIVE ORDER DENYING, LIMITING, CONDITIONING,
 DELAYING OR REGULATING DISCOVERY  PURSUANT  TO  THIS  ARTICLE  FOR  GOOD
 CAUSE,  INCLUDING CONSTITUTIONAL LIMITATIONS, DANGER TO THE INTEGRITY OF
 PHYSICAL EVIDENCE OR A SUBSTANTIAL RISK OF PHYSICAL HARM,  INTIMIDATION,
 ECONOMIC  REPRISAL, BRIBERY OR UNJUSTIFIED ANNOYANCE OR EMBARRASSMENT TO
 ANY PERSON OR AN  ADVERSE  EFFECT  UPON  THE  LEGITIMATE  NEEDS  OF  LAW
 ENFORCEMENT,   INCLUDING   THE  PROTECTION  OF  THE  CONFIDENTIALITY  OF
 INFORMANTS, OR ANY OTHER FACTOR OR SET OF FACTORS  WHICH  OUTWEIGHS  THE
 USEFULNESS OF THE DISCOVERY.
   2.  AN  ORDER LIMITING, CONDITIONING, DELAYING OR REGULATING DISCOVERY
 MAY, AMONG OTHER THINGS, REQUIRE THAT ANY  MATERIAL  COPIED  OR  DERIVED
 THEREFROM  BE MAINTAINED IN THE EXCLUSIVE POSSESSION OF THE ATTORNEY FOR
 THE DISCOVERING PARTY AND BE USED FOR THE EXCLUSIVE PURPOSE OF PREPARING
 FOR THE DEFENSE OR PROSECUTION OF THE CRIMINAL ACTION.
   3. A MOTION FOR A PROTECTIVE ORDER SHALL SUSPEND  DISCOVERY   OF   THE
 PARTICULAR MATTER IN DISPUTE.
   4.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS ARTICLE, THE PERSONAL
 RESIDENCE ADDRESS OF A POLICE OFFICER OR CORRECTION OFFICER SHALL NOT BE
 REQUIRED TO BE DISCLOSED EXCEPT PURSUANT TO AN ORDER ISSUED BY  A  COURT
 FOLLOWING A FINDING OF GOOD CAUSE.
 § 240.60 CONTINUING DUTY TO DISCLOSE.
   IF, AFTER  COMPLYING  WITH THE PROVISIONS OF THIS ARTICLE OR AN  ORDER
 PURSUANT  THERETO,  A  PARTY  FINDS,  EITHER  BEFORE  OR  DURING  TRIAL,
 ADDITIONAL  MATERIAL  SUBJECT  TO DISCOVERY OR COVERED BY SUCH ORDER, HE
 SHALL PROMPTLY COMPLY WITH THE DEMAND OR ORDER, REFUSE  TO  COMPLY  WITH
 THE DEMAND WHERE REFUSAL IS AUTHORIZED, OR APPLY FOR A PROTECTIVE ORDER.
 § 240.70 SANCTIONS; FEES.
   1.  IF,    DURING THE COURSE OF DISCOVERY PROCEEDINGS, THE COURT FINDS
 THAT A PARTY HAS FAILED TO COMPLY WITH ANY OF  THE  PROVISIONS  OF  THIS
 ARTICLE,  THE  COURT  MAY  ORDER  SUCH  PARTY TO PERMIT DISCOVERY OF THE
 PROPERTY  NOT  PREVIOUSLY  DISCLOSED,  GRANT  A  CONTINUANCE,  ISSUE   A
 PROTECTIVE  ORDER,  PROHIBIT THE INTRODUCTION OF CERTAIN EVIDENCE OR THE
 CALLING OF CERTAIN WITNESSES OR TAKE ANY OTHER APPROPRIATE ACTION.

 S. 1523--A                         24
 
   2.  THE FAILURE OF THE PROSECUTION TO  CALL  AS  A  WITNESS  A  PERSON
 SPECIFIED IN SUBDIVISION ONE OF SECTION 240.20 OF THIS ARTICLE OR OF ANY
 PARTY TO INTRODUCE DISCLOSED MATERIAL AT THE TRIAL SHALL NOT, BY ITSELF,
 CONSTITUTE  GROUNDS FOR ANY SANCTION OR FOR ADVERSE COMMENT THEREUPON BY
 ANY PARTY IN SUMMATION TO THE JURY OR AT ANY OTHER POINT.
   3.  A  FEE FOR COPIES OF RECORDS  REQUIRED  TO  BE  DISCLOSED  MAY  BE
 CHARGED.   SUCH FEE SHALL NOT EXCEED TWENTY-FIVE CENTS PER PHOTOCOPY NOT
 IN EXCESS OF NINE INCHES BY FOURTEEN  INCHES,  OR  THE  ACTUAL  COST  OF
 REPRODUCING  ANY  OTHER RECORD, EXCEPT WHEN A DIFFERENT FEE IS OTHERWISE
 PRESCRIBED BY LAW.
 § 240.75 CERTAIN VIOLATIONS.
   THE  FAILURE  OF  THE  PROSECUTOR  OR  ANY  AGENT OF THE PROSECUTOR TO
 DISCLOSE STATEMENTS THAT ARE REQUIRED TO BE DISCLOSED UNDER  SUBDIVISION
 ONE  OF  SECTION  240.44  OR PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
 240.45 OF THIS ARTICLE SHALL NOT CONSTITUTE GROUNDS  FOR  ANY  COURT  TO
 ORDER  A  NEW  PRE-TRIAL  HEARING OR SET ASIDE A CONVICTION, OR REVERSE,
 MODIFY OR VACATE A JUDGMENT OF CONVICTION IN THE ABSENCE OF A SHOWING BY
 THE DEFENDANT  THAT  THERE   IS   A   REASONABLE   POSSIBILITY THAT  THE
 NON-DISCLOSURE  MATERIALLY  CONTRIBUTED  TO  THE  RESULT OF THE TRIAL OR
 OTHER PROCEEDING; PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION  SHALL
 AFFECT  OR  LIMIT  ANY  RIGHT  THE  DEFENDANT  MAY  HAVE  TO A RE-OPENED
 PRE-TRIAL HEARING WHEN SUCH STATEMENTS WERE DISCLOSED BEFORE  THE  CLOSE
 OF EVIDENCE AT TRIAL.
 § 240.80 WHEN DEMAND, REFUSAL AND COMPLIANCE MADE.
   1.  A   DEMAND   TO  PRODUCE  SHALL  BE  MADE WITHIN THIRTY DAYS AFTER
 ARRAIGNMENT AND BEFORE THE COMMENCEMENT OF TRIAL.  IF THE  DEFENDANT  IS
 NOT  REPRESENTED  BY COUNSEL, AND HAS REQUESTED AN ADJOURNMENT TO OBTAIN
 COUNSEL OR  TO  HAVE  COUNSEL  ASSIGNED,  THE  THIRTY-DAY  PERIOD  SHALL
 COMMENCE, FOR PURPOSES OF A DEMAND BY THE DEFENDANT, ON THE DATE COUNSEL
 INITIALLY  APPEARS  ON  HIS  BEHALF. HOWEVER,  THE   COURT   MAY  DIRECT
 COMPLIANCE  WITH A DEMAND TO PRODUCE THAT, FOR GOOD  CAUSE  SHOWN, COULD
 NOT HAVE BEEN MADE WITHIN THE TIME SPECIFIED.
   2. A REFUSAL TO COMPLY WITH A DEMAND TO PRODUCE SHALL BE  MADE  WITHIN
 FIFTEEN DAYS OF THE SERVICE OF THE DEMAND TO PRODUCE, BUT FOR GOOD CAUSE
 MAY BE MADE THEREAFTER.
   3.  ABSENT  A REFUSAL TO COMPLY WITH A DEMAND  TO  PRODUCE, COMPLIANCE
 WITH SUCH DEMAND SHALL BE MADE WITHIN FIFTEEN DAYS OF THE SERVICE OF THE
 DEMAND OR AS SOON THEREAFTER AS PRACTICABLE.
 § 240.90 MOTION PROCEDURE.
    1. A  MOTION  BY  A  PROSECUTOR  FOR DISCOVERY SHALL BE  MADE  WITHIN
 FORTY-FIVE DAYS AFTER ARRAIGNMENT, BUT FOR GOOD CAUSE SHOWN MAY BE  MADE
 AT ANY TIME BEFORE COMMENCEMENT OF TRIAL.
   2.  A  MOTION BY A DEFENDANT FOR DISCOVERY SHALL BE MADE AS PRESCRIBED
 IN SECTION 255.20 OF THIS CHAPTER.
   3. WHERE THE INTERESTS OF JUSTICE SO REQUIRE, THE COURT MAY PERMIT   A
 PARTY  TO  A  MOTION FOR AN ORDER OF DISCOVERY OR A PROTECTIVE ORDER, OR
 OTHER  AFFECTED PERSON, TO SUBMIT PAPERS OR TO TESTIFY  EX  PARTE OR  IN
 CAMERA. ANY  SUCH  PAPERS  AND  TRANSCRIPT OF SUCH  TESTIMONY  SHALL  BE
 SEALED, BUT SHALL CONSTITUTE A PART OF THE RECORD ON APPEAL.
   § 32. Subdivision 9 of section 65.20 of the criminal procedure law, as
 amended  by  section 4 of part LLL of chapter 59 of the laws of 2019, is
 amended to read as follows:
   9. (a) Prior to the commencement of the hearing conducted pursuant  to
 subdivision six of this section, the district attorney shall, subject to
 a  protective  order,  comply  with the provisions of subdivision one of
 section [245.20] 240.45 of this chapter as they concern any witness whom

 S. 1523--A                         25
 
 the district attorney intends to call  at  the  hearing  and  the  child
 witness.
   (b)  Before  a  defendant  calls  a witness at such hearing, he or she
 must, subject to a protective  order,  comply  with  the  provisions  of
 subdivision  [four]  TWO  of  section [245.20] 240.45 of this chapter as
 they concern all the witnesses the defendant intends  to  call  at  such
 hearing.
   §  33.  Subdivision 5 of section 200.95 of the criminal procedure law,
 as amended by section 5 of part LLL of chapter 59 of the laws  of  2019,
 is amended to read as follows:
   5.  Court  ordered  bill of particulars. Where a prosecutor has timely
 served a written refusal pursuant to subdivision four  of  this  section
 and upon motion, made in writing, of a defendant, who has made a request
 for  a  bill of particulars and whose request has not been complied with
 in whole or in part, the court must, to the extent a protective order is
 not warranted, order the prosecutor to comply with the request if it  is
 satisfied that the items of factual information requested are authorized
 to  be  included  in a bill of particulars, and that such information is
 necessary to enable the defendant adequately to prepare or  conduct  his
 defense  and,  if  the request was untimely, a finding of good cause for
 the delay. Where a prosecutor has not timely served  a  written  refusal
 pursuant  to  subdivision four of this section the court must, unless it
 is satisfied that the people have shown good cause  why  such  an  order
 should  not be issued, issue an order requiring the prosecutor to comply
 or providing for any other order authorized by [section 245.80  of  this
 part] SUBDIVISION ONE OF SECTION 240.70 OF THIS PART.
   § 34. Paragraph (c) of subdivision 1 of section 255.10 of the criminal
 procedure  law, as amended by section 6 of part LLL of chapter 59 of the
 laws of 2019, is amended to read as follows:
   (c) granting discovery pursuant to article [245] 240; or
   § 35. Subdivision 1 of section 255.20 of the criminal  procedure  law,
 as  amended  by section 7 of part LLL of chapter 59 of the laws of 2019,
 is amended to read as follows:
   1. Except as otherwise expressly provided by law, whether the  defend-
 ant is represented by counsel or elects to proceed pro se, all pre-trial
 motions  shall  be served or filed within forty-five days after arraign-
 ment and before commencement of trial, or within such additional time as
 the court may fix upon application of the defendant made prior to  entry
 of  judgment.  In an action in which [either (a) material or information
 has been disclosed pursuant to paragraph (m) or (n) of  subdivision  one
 of  section  245.20  of  this  title,  (b)] an eavesdropping warrant and
 application have been furnished pursuant to section 700.70 of this chap-
 ter, or [(c)] a notice of  intention  to  introduce  evidence  has  been
 served  pursuant to section 710.30 of this chapter, such period shall be
 extended until forty-five days after the last date of such  service.  If
 the  defendant  is  not  represented  by  counsel  and  has requested an
 adjournment to obtain counsel or to have counsel assigned,  such  forty-
 five  day period shall commence on the date counsel initially appears on
 defendant's behalf.
   § 36. Section 340.30 of the criminal  procedure  law,  as  amended  by
 section  8  of part LLL of chapter 59 of the laws of 2019, is amended to
 read as follows:
 § 340.30 Pre-trial discovery and notices of defenses.
   The provisions of article two hundred [forty-five] FORTY of this part,
 concerning pre-trial discovery by a  defendant  under  indictment  in  a
 superior  court,  and article two hundred fifty of this part, concerning

 S. 1523--A                         26
 
 pre-trial notice to the people by a  defendant  under  indictment  in  a
 superior  court who intends to advance a trial defense of mental disease
 or defect or of alibi, apply to a prosecution of  an  information  in  a
 local criminal court.
   §  37. Subdivision 14 of section 400.27 of the criminal procedure law,
 as amended by section 9 of part LLL of chapter 59 of the laws  of  2019,
 is amended to read as follows:
   14.  (a)  At a reasonable time prior to the sentencing proceeding or a
 mental retardation hearing:
   (i) the prosecutor shall, unless previously disclosed and subject to a
 protective order, make available to the  defendant  the  statements  and
 information  specified  in subdivision one of section [245.20] 240.45 of
 this part and make available for inspection, photographing,  copying  or
 testing  the  property  specified in subdivision one of section [245.20]
 240.20; and
   (ii) the defendant shall, unless previously disclosed and subject to a
 protective order, make available to the prosecution the  statements  and
 information  specified  in  subdivision  [four]  TWO of section [245.20]
 240.20 and make available  for  inspection,  photographing,  copying  or
 testing,  subject  to constitutional limitations, the reports, documents
 and other property specified in  [245.20]  SUBDIVISION  ONE  OF  section
 240.30 of this part.
   (b) Where a party refuses to make disclosure pursuant to this section,
 the  provisions of section [245.70, 245.75 and/or 245.80] 240.35, SUBDI-
 VISION ONE OF SECTION 240.40 AND  SECTION  240.50  of  this  part  shall
 apply.
   (c)  If,  after  complying  with  the provisions of this section or an
 order pursuant thereto, a party finds either before or during a sentenc-
 ing  proceeding  or  mental  retardation  hearing,  additional  material
 subject to discovery or covered by court order, the party shall promptly
 make disclosure or apply for a protective order.
   (d)  If  the court finds that a party has failed to comply with any of
 the provisions of this section, the court may [employ] ENTER any of  the
 [remedies  or  sanctions] ORDERS specified in subdivision one of section
 [245.80] 240.70 of this part.
   § 38. The opening paragraph of  paragraph  (b)  of  subdivision  1  of
 section  440.30  of the criminal procedure law, as amended by section 10
 of part LLL of chapter 59 of the laws of 2019, is  amended  to  read  as
 follows:
   In  conjunction with the filing or consideration of a motion to vacate
 a judgment pursuant to section 440.10 of this  article  by  a  defendant
 convicted after a trial, in cases where the court has ordered an eviden-
 tiary  hearing  upon  such  motion,  the court may order that the people
 produce or make available for inspection property, AS DEFINED IN  SUBDI-
 VISION THREE OF SECTION 240.10 OF THIS PART, in its possession, custody,
 or  control  that  was  secured  in connection with the investigation or
 prosecution of the defendant upon credible allegations by the  defendant
 and  a  finding  by  the court that such property, if obtained, would be
 probative to the determination of defendant's actual innocence, and that
 the request is reasonable. The court shall deny or limit such a  request
 upon  a  finding  that  such  a  request, if granted, would threaten the
 integrity or chain of custody of property or the integrity of the  proc-
 esses  or  functions of a laboratory conducting DNA testing, pose a risk
 of harm, intimidation, embarrassment, reprisal, or  other  substantially
 negative  consequences  to any person, undermine the proper functions of
 law enforcement including the confidentiality of informants, or  on  the

 S. 1523--A                         27
 
 basis  of  any  other factor identified by the court in the interests of
 justice or public safety. The court shall further ensure that any  prop-
 erty  produced  pursuant  to  this  paragraph is subject to a protective
 order, where appropriate. The court shall deny any request made pursuant
 to this paragraph where:
   §  39.  Subdivision 3 of section 610.20 of the criminal procedure law,
 as amended by section 3 of part LLL of chapter 59 of the laws  of  2019,
 is amended to read as follows:
   3.  An attorney for a defendant in a criminal action or proceeding, as
 an officer of a criminal court, may issue  a  subpoena  of  such  court,
 subscribed  by  himself, for the attendance in such court of any witness
 whom the defendant is entitled to call in such action or proceeding.  An
 attorney  for  a  defendant  may not issue a subpoena duces tecum of the
 court directed to any department, bureau or agency of the state or of  a
 political subdivision thereof, or to any officer or representative ther-
 eof[, unless the subpoena is indorsed by the court and provides at least
 three days for the production of the requested materials. In the case of
 an  emergency,  the  court  may  by  order  dispense  with the three-day
 production period]. SUCH A SUBPOENA DUCES TECUM MAY BE ISSUED IN  BEHALF
 OF A DEFENDANT UPON ORDER OF A COURT PURSUANT TO THE RULES APPLICABLE TO
 CIVIL  CASES  AS  PROVIDED  IN SECTION TWENTY-THREE HUNDRED SEVEN OF THE
 CIVIL PRACTICE LAW AND RULES.
   § 40. Subdivision 4 of section 610.20 of the criminal procedure law is
 REPEALED.
   § 41. Subdivision 10 of section 450.10 of the penal law, as amended by
 section 11 of part LLL of chapter 59 of the laws of 2019, is amended  to
 read as follows:
   10.  Where  there  has been a failure to comply with the provisions of
 this section, and where the district attorney does  not  demonstrate  to
 the  satisfaction  of  the  court  that  such failure has not caused the
 defendant prejudice, the court shall  instruct  the  jury  that  it  may
 consider  such  failure  in  determining  the  weight  to  be given such
 evidence and may also impose any other sanction set forth in subdivision
 one of section [245.80] 240.70 of the criminal procedure law;  provided,
 however,  that  unless  the  defendant has convinced the court that such
 failure has caused him undue prejudice, the court shall not preclude the
 district attorney from introducing into evidence  the  property,  photo-
 graphs,  photocopies,  or  other reproductions of the property or, where
 appropriate, testimony concerning its value and  condition,  where  such
 evidence  is  otherwise  properly authenticated and admissible under the
 rules of evidence. Failure to  comply  with  any  one  or  more  of  the
 provisions  of  this  section shall not for that reason alone be grounds
 for dismissal of the accusatory instrument.
   § 42. Section 460.80 of the penal law, as amended  by  section  12  of
 part  LLL  of  chapter  59  of  the  laws of 2019, is amended to read as
 follows:
   Notwithstanding the provisions of  article  two  hundred  [forty-five]
 FORTY  of the criminal procedure law, when forfeiture is sought pursuant
 to section 460.30 of this article, the court may order discovery of  any
 property not otherwise disclosed which is material and reasonably neces-
 sary  for  preparation  by  the defendant with respect to the forfeiture
 proceeding pursuant to such section. The court may  issue  a  protective
 order  denying,  limiting,  conditioning,  delaying  or  regulating such
 discovery where a danger to the integrity  of  physical  evidence  or  a
 substantial  risk  of  physical  harm,  intimidation, economic reprisal,
 bribery or unjustified annoyance or embarrassment to any  person  or  an

 S. 1523--A                         28
 
 adverse  effect  upon the legitimate needs of law enforcement, including
 the protection of the confidentiality of informants, or any other factor
 or set of factors outweighs the usefulness of the discovery.
   §  43. Subdivision 5 of section 480.10 of the penal law, as amended by
 section 13 of part LLL of chapter 59 of the laws of 2019, is amended  to
 read as follows:
   5.  In  addition  to  information required to be disclosed pursuant to
 article two hundred [forty-five] FORTY of the  criminal  procedure  law,
 when  forfeiture  is  sought pursuant to this article, and following the
 defendant's arraignment on the special forfeiture information, the court
 shall order discovery of any information not otherwise  disclosed  which
 is  material  and  reasonably necessary for preparation by the defendant
 with respect to a forfeiture proceeding brought pursuant to  this  arti-
 cle.  Such  material  shall  include  those  portions  of the grand jury
 minutes and such other information which pertain solely to  the  special
 forfeiture  information and shall not include information which pertains
 to the criminal charges. Upon application of the prosecutor,  the  court
 may  issue a protective order pursuant to section [245.70] 240.40 of the
 criminal procedure law with respect to any information  required  to  be
 disclosed pursuant to this subdivision.
   § 44. Subdivision 5 of section 216 of the judiciary law is REPEALED.
   § 45. Section 837-u of the executive law is REPEALED.
   §  46.  This act shall take effect immediately, provided, however that
 the amendments to subdivision 9 of section 65.20 of the criminal  proce-
 dure  law  made  by  section thirty-two of this act shall not affect the
 repeal of such section and shall be deemed repealed therewith.