S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3750--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SEPTIMO, HEVESI, JACKSON, SEAWRIGHT, KELLES,
   GONZALEZ-ROJAS, KIM, BURGOS, EPSTEIN, MAMDANI, DICKENS, SIMON, ZEBROW-
   SKI, FORREST, GALLAGHER -- read once and referred to the Committee  on
   Codes  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the criminal procedure law, in relation to the  issuance
   of temporary orders of protection when an action is pending in a local
   criminal court
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The criminal procedure law  is  amended  by  adding  a  new
 section 530.15 to read as follows:
 § 530.15 TEMPORARY ORDER OF PROTECTION HEARING.
   WHERE  A  COURT HAS ISSUED A TEMPORARY ORDER OF PROTECTION PURSUANT TO
 SUBDIVISION ONE OF SECTION 530.12 OF THIS ARTICLE OR SUBDIVISION ONE  OF
 SECTION  530.13  OF  THIS  ARTICLE, UPON APPLICATION OF A DEFENDANT, THE
 COURT SHALL HOLD AN EVIDENTIARY HEARING WHERE THE PROSECUTOR MUST  SHOW,
 BY CLEAR AND CONVINCING EVIDENCE, THAT THE TEMPORARY ORDER OF PROTECTION
 IS  THE  LEAST  RESTRICTIVE  MEANS OF PROTECTING A DESIGNATED WITNESS OR
 COMPLAINANT FROM INTIMIDATION OR INJURY.
   (A) THE DEFENDANT SHALL BE ENTITLED TO SUCH HEARING WITHIN THREE  DAYS
 OF  REQUESTING  SUCH  HEARING. NOTICE MUST BE GIVEN BY THE COURT TO BOTH
 PARTIES, AS WELL AS THE PARTY PROTECTED BY THE ORDER OF  PROTECTION,  IN
 ADVANCE  OF  THE  HEARING.    SUCH NOTICE SHALL DETAIL THE RIGHTS OF THE
 PROTECTED PARTY WITH RESPECT TO THE HEARING AND DESCRIBE  THE  DIFFERENT
 TYPES OF TEMPORARY ORDERS OF PROTECTION AVAILABLE.
   (B)  AT  THE  HEARING, THE PROSECUTION MUST PRESENT WITNESS TESTIMONY,
 SUBJECT TO CROSS-EXAMINATION, THOUGH THE WITNESS NEED NOT BE  THE  PARTY
 PROTECTED BY THE ORDER.  HEARSAY IS ADMISSIBLE.
   (C)  THE COURT SHALL STATE ON THE RECORD OR IN WRITING ITS FINDINGS OF
 FACTS AND CONCLUSIONS OF LAW, THE REASONS FOR MAINTAINING, VACATING,  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06035-03-3
              

 A. 3750--A                          2
 
 MODIFYING  THE TEMPORARY ORDER OF PROTECTION, AND, WHERE APPLICABLE, WHY
 THE TEMPORARY ORDER OF PROTECTION IS  THE  LEAST  RESTRICTIVE  MEANS  OF
 PROTECTING  A  DESIGNATED  WITNESS  OR  COMPLAINANT FROM INTIMIDATION OR
 INJURY.
   § 2. Section 530.30 of the criminal procedure law, the section heading
 and subdivisions 1 and 2 as amended by section 17 of part JJJ of chapter
 59 of the laws of 2019, is amended to read as follows:
 § 530.30 Order of recognizance, release under non-monetary conditions or
            bail OR ISSUANCE OF A TEMPORARY ORDER OF PROTECTION; by supe-
            rior  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-mon-
 etary conditions or bail; or
   (c) Has fixed bail, where authorized, which is excessive; or
   (d)  Has set a securing order of release under non-monetary conditions
 which are more restrictive  than  necessary  to  reasonably  assure  the
 defendant's return to court.
   In  such  case, such superior court judge may vacate the order of such
 local criminal court and release the defendant on recognizance or  under
 non-monetary  conditions,  or  where  authorized,  fix  bail in a lesser
 amount or in a less burdensome form, whichever are the least 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. WHEN A CRIMINAL ACTION IS PENDING IN A LOCAL CRIMINAL COURT,  OTHER
 THAN  ONE  CONSISTING OF A SUPERIOR COURT JUDGE SITTING AS SUCH, AND THE
 LOCAL CRIMINAL COURT HAS DENIED A REQUEST TO MODIFY OR LIMIT A TEMPORARY
 ORDER OF PROTECTION ISSUED PURSUANT TO SUBDIVISION ONE OF SECTION 530.12
 OF THIS ARTICLE OR SUBDIVISION ONE OF SECTION 530.13  OF  THIS  ARTICLE,
 UPON APPLICATION OF A DEFENDANT, A JUDGE OF THE SUPERIOR COURT HOLDING A
 TERM  THEREOF  IN THE COUNTY SHALL REVIEW THE DETERMINATION OF THE LOCAL
 CRIMINAL COURT DE NOVO AND MAY VACATE OR MODIFY THE ORDER OF  THE  LOCAL
 CRIMINAL  COURT.  A  COURT'S  FAILURE TO COMPLY WITH THE REQUIREMENTS OF
 SECTION 530.15 OF THIS ARTICLE IS REVIEWABLE UNDER THIS SECTION.
   3. Notwithstanding the provisions of subdivision one OR  TWO  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-monetary conditions or, where authorized, bail, OR VACATE OR  MODIFY
 A  TEMPORARY  ORDER OF PROTECTION unless and until the district attorney
 has had an opportunity to be heard in the  matter  and  such  judge  and
 counsel for the defendant have been furnished with a report as described
 in  subparagraph  (ii)  of  paragraph  (b) of subdivision two of section
 530.20 of this article.
   [3.] 4. Not more than one application may be  made  pursuant  to  EACH
 SUBDIVISION OF this section.
   § 3. This act shall take effect immediately.