the provisions of subdivisions three and four of section 150.40 of this
title, instead issue to and serve upon such person an appearance ticket.
[(b) An officer is not required to issue an appearance ticket if:
(i) the person has one or more outstanding local criminal court or
superior court warrants;
(ii) the person has failed to appear in court proceedings in the last
two years;
(iii) the person has been given a reasonable opportunity to make their
verifiable identity and a method of contact known, and has been unable
or unwilling to do so, so that a custodial arrest is necessary to
subject the individual to the jurisdiction of the court. For the
purposes of this section, an officer may rely on various factors to
determine a person's identity, including but not limited to personal
knowledge of such person, such person's self-identification, or photo-
graphic identification. There is no requirement that a person present
photographic identification in order to be issued an appearance ticket
in lieu of arrest where the person's identity is otherwise verifiable;
however, if offered by such person, an officer shall accept as evidence
of identity the following: a valid driver's license or non-driver iden-
tification card issued by the commissioner of motor vehicles, the feder-
al government, any United States territory, commonwealth or possession,
the District of Columbia, a state government or municipal government
within the United States or a provincial government of the dominion of
Canada; a valid passport issued by the United States government or any
other country; an identification card issued by the armed forces of the
United States; a public benefit card, as defined in paragraph (a) of
subdivision one of section 158.00 of the penal law;
(iv) the person is charged with a crime between members of the same
family or household, as defined in subdivision one of section 530.11 of
this chapter;
(v) the person is charged with a crime defined in article 130 of the
penal law;
(vi) it reasonably appears the person should be brought before the
court for consideration of issuance of an order of protection, pursuant
to section 530.13 of this chapter, based on the facts of the crime or
offense that the officer has reasonable cause to believe occurred;
(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;
(ix) the person is eighteen years of age or older and charged with
criminal possession of a weapon on school grounds as defined in section
265.01-a of the penal law;
(x) the person is eighteen years of age or older and charged with a
hate crime as defined in section 485.05 of the penal law; or
(xi) the offense is a qualifying offense pursuant to paragraph (t) of
subdivision four of section 510.10 of this chapter, or pursuant to para-
graph (t) of subdivision four of section 530.40 of this chapter.]
A. 4754 3
§ 3. The criminal procedure law is amended by adding a new section
150.30 to read as follows:
§ 150.30 APPEARANCE TICKET; ISSUANCE AND SERVICE THEREOF AFTER ARREST
UPON POSTING OF PRE-ARRAIGNMENT BAIL.
1. ISSUANCE AND SERVICE OF AN APPEARANCE TICKET BY A POLICE OFFICER
FOLLOWING AN ARREST WITHOUT A WARRANT, AS PRESCRIBED IN SUBDIVISION TWO
OF SECTION 150.20 OF THIS ARTICLE, MAY BE MADE CONDITIONAL UPON THE
POSTING OF A SUM OF MONEY, KNOWN AS PRE-ARRAIGNMENT BAIL. IN SUCH CASE,
THE BAIL BECOMES FORFEIT UPON FAILURE OF SUCH PERSON TO COMPLY WITH THE
DIRECTIONS OF THE APPEARANCE TICKET. THE PERSON POSTING SUCH BAIL MUST
COMPLETE AND SIGN A FORM WHICH STATES (A) THE NAME, RESIDENTIAL ADDRESS
AND OCCUPATION OF EACH PERSON POSTING CASH BAIL; AND (B) THE TITLE OF
THE CRIMINAL ACTION OR PROCEEDING INVOLVED; AND (C) THE OFFENSE OR
OFFENSES WHICH ARE THE SUBJECTS OF THE ACTION OR PROCEEDING INVOLVED,
AND THE STATUS OF SUCH ACTION OR PROCEEDING; AND (D) THE NAME OF THE
PRINCIPAL AND THE NATURE OF THE PRINCIPAL'S 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 SUCH OFFICER'S SUPERIOR OFFICERS, MAY IN
SUCH PLACE, FIX PRE-ARRAIGNMENT BAIL, IN AN AMOUNT PRESCRIBED IN THIS
SUBDIVISION, 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 SUCH OFFICER 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 APPEAR-
ANCE 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
A. 4754 4
CREDIT CARD OR SIMILAR DEVICE AS THE CHIEF ADMINISTRATOR MAY DEEM APPRO-
PRIATE.
§ 4. Subdivision 1 of section 150.40 of the criminal procedure law, as
amended by section 8 of part UU of chapter 56 of the laws of 2020, is
amended to read as follows:
1. An appearance ticket must be made returnable [at a date as soon as
possible, but in no event later than twenty days from the date of issu-
ance; or at the next scheduled session of the appropriate local criminal
court if such session is scheduled to occur more than twenty days from
the date of issuance; or at a later date, with the court's permission
due to enrollment in a pre-arraignment diversion program. The appearance
ticket shall be made returnable] in a local criminal court designated in
section 100.55 of this title as one with which an information for the
offense in question may be filed.
§ 5. Section 150.80 of the criminal procedure law is REPEALED.
§ 6. Subdivision 2 of section 245.30 of the criminal procedure law is
REPEALED.
§ 7. Subdivision 9 of section 440.10 of the criminal procedure law is
REPEALED.
§ 8. Subparagraph (iii) of paragraph (i) and paragraph (j) of subdivi-
sion 1 of section 440.10 of the criminal procedure law, subparagraph
(iii) of paragraph (i) as amended by chapter 629 of the laws of 2021 and
paragraph (j) as amended by chapter 131 of the laws of 2019, are amended
to read as follows:
(iii) when a motion is filed under this paragraph, the court may, upon
the consent of the petitioner and all of the state and local prosecuto-
rial agencies that prosecuted each matter, consolidate into one proceed-
ing a motion to vacate judgments imposed by distinct or multiple crimi-
nal courts[; or
(j) The judgment is a conviction for a class A or unclassified misde-
meanor entered prior to the effective date of this paragraph and satis-
fies the ground prescribed in paragraph (h) of this subdivision. There
shall be a rebuttable presumption that a conviction by plea to such an
offense was not knowing, voluntary and intelligent, based on ongoing
collateral consequences, including potential or actual immigration
consequences, and there shall be a rebuttable presumption that a
conviction by verdict constitutes cruel and unusual punishment under
section five of article one of the state constitution based on such
consequences]; or
§ 9. Subdivisions 3-a, 3-b, 21 and 22 of section 500.10 of the crimi-
nal procedure law are REPEALED.
§ 10. Subdivisions 5, 6, 7 and 9 of section 500.10 of the criminal
procedure law, subdivision 5 as amended by section 1 of subpart A of
part VV of chapter 56 of the laws of 2023 and subdivisions 6, 7, and 9
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, or, as otherwise
authorized under this title, ordering non-monetary conditions in
conjunction with fixing bail].
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.
A. 4754 5
7. "Application for recognizance or bail" means an application by a
principal that the court, instead of committing the principal to or
retaining the principal in the custody of the sheriff, either release
the principal on the principal's own recognizance[, release under non-
monetary conditions, or, where authorized,] OR fix bail.
9. "Bail" means cash bail[,] OR a bail bond [or money paid with a
credit card].
§ 11. Section 510.10 of the criminal procedure law, as amended by
section 2 of part JJJ of chapter 59 of the laws of 2019, the opening
paragraph as added and the opening paragraph of subdivision 1, subdivi-
sion 3 and the opening paragraph of subdivision 4 as amended by section
2 of subpart A of part VV of chapter 56 of the laws of 2023, subdivision
1 as amended by section 1 of subpart C of part UU of chapter 56 of the
laws of 2022, subdivision 4 as amended by section 2 of part UU of chap-
ter 56 of the laws of 2020, and paragraphs (s) and (t) of subdivision 4
as amended and paragraph (u) of subdivision 4 as added by section 2 of
subpart B of part UU of chapter 56 of the laws of 2022, is amended to
read as follows:
§ 510.10 Securing order; when required[; alternatives available; stand-
ard to be applied].
[The imposition of a specific type of securing order is in some cases
required by law and in other cases within the discretion of the court in
accordance with the principles of, and pursuant to its authority granted
under, this title.
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 [impose], BY a securing order [in
accordance with this title], EITHER RELEASE THE PRINCIPAL ON THE PRINCI-
PAL'S OWN RECOGNIZANCE, FIX BAIL, OR COMMIT THE PRINCIPAL TO THE CUSTODY
OF THE SHERIFF. [Except as otherwise required by law, the court shall
make an individualized determination as to whether the principal poses a
risk of flight to avoid prosecution, consider the kind and degree of
control or restriction necessary to reasonably assure the principal's
return to court, and select a securing order consistent with its deter-
mination under this subdivision. The court shall explain the basis for
its determination and its choice of securing order on the record or in
writing. In making a determination under this subdivision, the court
must consider and take into account available information about the
principal, 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) The principal's record of previous adjudication as a juvenile
delinquent, as retained pursuant to section 354.1 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) The principal's previous record with respect to flight to avoid
criminal 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) Any violation by the principal of an order of protection issued by
any court;
(h) The principal's history of use or possession of a firearm;
A. 4754 6
(i) Whether the charge is alleged to have caused serious harm to an
individual or group of individuals; and
(j) If the principal is a defendant, in the case of an application for
a securing order pending appeal, the merit or lack of merit of the
appeal.
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
principal'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 as
provided for in subdivision three-a of section 500.10 of this title that
will reasonably assure the principal's return to court. The court shall
explain its choice of securing order 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 order non-monetary conditions in
conjunction with fixing 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 quali-
fying 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
A. 4754 7
of the penal law; or a felony crime of terrorism as defined in article
four hundred ninety of the penal law, other than the crime defined in
section 490.20 of such law;
(h) criminal contempt in the second degree as defined in subdivision
three of section 215.50 of the penal law, criminal contempt in the first
degree as defined in subdivision (b), (c) or (d) of section 215.51 of
the penal law or aggravated criminal contempt as defined in section
215.52 of the penal law, and the underlying allegation of such charge of
criminal contempt in the second degree, criminal contempt in the first
degree or aggravated criminal contempt is that the defendant violated a
duly served order of protection where the protected party is a member of
the defendant's same family or household as defined in subdivision one
of section 530.11 of this title;
(i) facilitating a sexual performance by a child with a controlled
substance or alcohol as defined in section 263.30 of the penal law, use
of a child in a sexual performance as defined in section 263.05 of the
penal law or luring a child as defined in subdivision one of section
120.70 of the penal law, promoting an obscene sexual performance by a
child as defined in section 263.10 of the penal law or promoting a sexu-
al performance by a child as defined in section 263.15 of the penal law;
(j) any crime that is alleged to have caused the death of another
person;
(k) criminal obstruction of breathing or blood circulation as defined
in section 121.11 of the penal law, strangulation in the second degree
as defined in section 121.12 of the penal law or unlawful imprisonment
in the first degree as defined in section 135.10 of the penal law, and
is alleged to have committed the offense against a member of the defend-
ant's same family or household as defined in subdivision one of section
530.11 of this title;
(l) aggravated vehicular assault as defined in section 120.04-a of the
penal law or vehicular assault in the first degree as defined in section
120.04 of the penal law;
(m) assault in the third degree as defined in section 120.00 of the
penal law or arson in the third degree as defined in section 150.10 of
the penal law, when such crime is charged as a hate crime as defined in
section 485.05 of the penal law;
(n) aggravated assault upon a person less than eleven years old as
defined in section 120.12 of the penal law or criminal possession of a
weapon on school grounds as defined in section 265.01-a of the penal
law;
(o) grand larceny in the first degree as defined in section 155.42 of
the penal law, enterprise corruption as defined in section 460.20 of the
penal law, or money laundering in the first degree as defined in section
470.20 of the penal law;
(p) failure to register as a sex offender pursuant to section one
hundred sixty-eight-t of the correction law or endangering the welfare
of a child as defined in subdivision one of section 260.10 of the penal
law, where the defendant is required to maintain registration under
article six-C of the correction law and designated a level three offen-
der pursuant to subdivision six of section one hundred sixty-eight-l of
the correction law;
(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;
A. 4754 8
(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;
(t) any felony or class A misdemeanor involving harm to an identifi-
able person or property, or any charge of criminal possession of a
firearm as defined in section 265.01-b of the penal law, where such
charge arose from conduct occurring while the defendant was released on
his or her own recognizance, released under conditions, or had yet to be
arraigned after the issuance of a desk appearance ticket for a separate
felony or class A misdemeanor involving harm to an identifiable person
or property, or any charge of criminal possession of a firearm as
defined in section 265.01-b of the penal law, 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 quali-
fying offense as defined in this subdivision. For the purposes of this
paragraph, "harm to an identifiable person or property" shall include
but not be limited to theft of or damage to property. However, based
upon a review of the facts alleged in the accusatory instrument, if the
court determines that such theft is negligible and does not appear to be
in furtherance of other criminal activity, the principal shall be
released on his or her own recognizance or under appropriate non-mone-
tary conditions; or
(u) criminal possession of a weapon in the third degree as defined in
subdivision three of section 265.02 of the penal law or criminal sale of
a firearm to a minor as defined in section 265.16 of the penal law.
5. Notwithstanding the provisions of subdivisions three and four of
this section, with respect to any charge for which bail or remand is not
ordered, and for which the court would not or could not otherwise
require bail or remand, a defendant may, at any time, request that the
court set bail in a nominal amount requested by the defendant in the
form specified in paragraph (a) of subdivision one of section 520.10 of
this title; if the court is satisfied that the request is voluntary, the
court shall set such bail in such amount.
6.] When a securing order is revoked or otherwise terminated in the
course of an uncompleted action or proceeding but the principal's future
court attendance still is or may be required and the principal is still
under the control of a court, a new securing order must be issued. When
the court revokes or otherwise terminates a securing order which commit-
ted the principal to the custody of the sheriff, the court shall give
written notification to the sheriff of such revocation or termination of
the securing order.
§ 12. Section 510.20 of the criminal procedure law, as amended by
section 3 of part JJJ of chapter 59 of the laws of 2019 and subdivisions
1 and paragraph (b) of subdivision 2 as amended and subdivision 3 as
added by section 3 of subpart A of part VV of chapter 56 of the laws of
2023, is amended to read as follows:
§ 510.20 Application for [a change in securing order] RECOGNIZANCE OR
BAIL; MAKING AND DETERMINATION THEREOF IN GENERAL.
1. Upon any occasion when a court [has issued] IS REQUIRED TO ISSUE a
securing order with respect to a principal [and the], OR AT ANY TIME
WHEN A principal is confined in the custody of the sheriff as a result
of [the securing order or] a previously issued securing order, the prin-
cipal may make an application for recognizance[, release under non-mone-
tary conditions,] OR bail[, a reduction of bail, or imposition of non-
monetary conditions in conjunction with bail or a reduction of bail].
A. 4754 9
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[, a reduction of bail, or imposition of non-monetary condi-
tions in conjunction with bail or a reduction of 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[, or where bail has been imposed, reduce the amount of bail and
impose non-monetary conditions, where authorized under this title], and
that if bail is [authorized and] fixed it should be in a suggested
amount and form.
[3. When an application for a change in securing order is brought
under this section and one or more of the charge or charges on which
such securing order was based have been dismissed and/or reduced such
that the securing order is no longer supported by the provisions of
section 510.10 of this article, the court shall impose a new securing
order in accordance with such section.]
§ 13. Section 510.30 of the criminal procedure law, as amended by
section 5 of part JJJ of chapter 59 of the laws of 2019 and subdivision
1 as amended by section 4 of subpart A of part VV of chapter 56 of the
laws of 2023, 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 a securing order in accordance
with section 510.10 of this article, and shall explain the basis for its
determination and choice of securing order on the record or in writing]
CONSIDER THE KIND AND DEGREE OF CONTROL OR RESTRICTION THAT IS NECESSARY
TO SECURE THE PRINCIPAL'S COURT ATTENDANCE WHEN REQUIRED. IN DETERMINING
THAT MATTER, THE COURT MUST, ON THE BASIS OF AVAILABLE INFORMATION,
CONSIDER AND TAKE INTO ACCOUNT:
(I) THE PRINCIPAL'S CHARACTER, REPUTATION, HABITS AND MENTAL CONDI-
TION;
(II) THE PRINCIPAL'S EMPLOYMENT AND FINANCIAL RESOURCES;
(III) THE PRINCIPAL'S FAMILY TIES AND THE LENGTH OF THE PRINCIPAL'S
RESIDENCE IF ANY IN THE COMMUNITY;
(IV) THE PRINCIPAL'S CRIMINAL RECORD IF ANY;
(V) THE PRINCIPAL'S RECORD OF PREVIOUS ADJUDICATION AS A JUVENILE
DELINQUENT, AS RETAINED PURSUANT TO SECTION 354.2 OF THE FAMILY COURT
A. 4754 10
ACT, OR, OF PENDING CASES WHERE FINGERPRINTS ARE RETAINED PURSUANT TO
SECTION 306.1 OF SUCH ACT, OR A YOUTHFUL OFFENDER, IF ANY;
(VI) THE PRINCIPAL'S PREVIOUS RECORD IF ANY IN RESPONDING TO COURT
APPEARANCES WHEN REQUIRED OR WITH RESPECT TO FLIGHT TO AVOID CRIMINAL
PROSECUTION;
(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 FOLLOW-
ING FACTORS:
(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
(B) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF A FIREARM;
(VIII) IF THE PRINCIPAL IS A DEFENDANT, THE WEIGHT OF THE EVIDENCE
AGAINST SUCH PRINCIPAL IN THE PENDING CRIMINAL ACTION AND ANY OTHER
FACTOR INDICATING PROBABILITY OR IMPROBABILITY OF CONVICTION; OR, IN THE
CASE OF AN APPLICATION FOR BAIL OR RECOGNIZANCE PENDING APPEAL, THE
MERIT OR LACK OF MERIT OF THE APPEAL; AND
(IX) IF THE PRINCIPAL IS A DEFENDANT, THE SENTENCE WHICH MAY BE OR HAS
BEEN IMPOSED UPON CONVICTION.
[2.] (B) Where the principal is a defendant-appellant in a pending
appeal from a judgment of conviction, the court must also consider the
likelihood of ultimate reversal of the judgment. A determination that
the appeal is palpably without merit alone justifies, but does not
require, a denial of the application, regardless of any determination
made with respect to the factors specified in PARAGRAPH (A) OF THIS
subdivision [one of this section].
3. When bail or recognizance is ordered, the court shall inform the
principal, if the principal is a defendant charged with the commission
of a felony, that the release is conditional and that the court may
revoke the order of release and [may be authorized] to commit the prin-
cipal to the custody of the sheriff in accordance with the provisions of
subdivision two of section 530.60 of this [chapter] TITLE if the princi-
pal commits a subsequent felony while at liberty upon such order.
§ 14. Section 510.40 of the criminal procedure law, as amended by
section 6 of part JJJ of chapter 59 of the laws of 2019, subdivision 3
and paragraph (b) of subdivision 4 as amended by section 5 of subpart A
of part VV of chapter 56 of the laws of 2023, and paragraph (c) of
subdivision 4 as amended by section 7 of part UU of chapter 56 of the
laws of 2020, is amended to read as follows:
§ 510.40 [Court notification to principal of conditions of release and
of alleged violations of conditions of release] APPLICATION
FOR RECOGNIZANCE OR BAIL; DETERMINATION THEREOF, FORM OF
SECURING ORDER AND EXECUTION THEREOF.
1. AN APPLICATION FOR RECOGNIZANCE OR BAIL MUST BE DETERMINED BY A
SECURING ORDER WHICH EITHER:
(A) GRANTS THE APPLICATION AND RELEASES THE PRINCIPAL ON THEIR OWN
RECOGNIZANCE; OR
(B) GRANTS THE APPLICATION AND FIXES BAIL; OR
(C) DENIES THE APPLICATION AND COMMITS THE PRINCIPAL TO, OR RETAINS
THEM 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
A. 4754 11
principal to appear in the criminal action or proceeding involved when-
ever the principal's attendance may be required and to be at all times
amenable to the orders and processes of the court. If such principal is
in the custody of the sheriff or at liberty upon bail at the time of the
order, the court must direct that the principal be discharged from such
custody or, as the case may be, that the principal's bail be exonerated.
[2.] 3. Upon the issuance of an order fixing bail[, where authorized,]
and upon the posting thereof, the court must examine the bail to deter-
mine whether it complies with the order. If it does, the court must, in
the absence of some factor or circumstance which in law requires or
authorizes disapproval thereof, approve the bail and must issue a
certificate of release, authorizing the principal to be at liberty, and,
if the principal is in the custody of the sheriff at the time, directing
the sheriff to discharge the principal therefrom. If the bail fixed is
not posted, or is not approved after being posted, the court must order
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]. 4. 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 as provided for in subdivision three-a of section
500.10 of this title that will reasonably assure the defendant's return
to court. The court shall explain on the record or in writing the
reasons for its determination and for any changes to the conditions
imposed.
[4.] 5. (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. The procedure and method of such
electronic monitoring shall reflect the findings of the individualized
determination warranting such imposition of electronic monitoring to
reasonably assure the principal's return to court, and shall be unobtru-
sive 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
A. 4754 12
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.] 6. If a principal is released under non-monetary conditions, the
court shall, on the record and in an individualized written document
provided to the principal, notify the principal, in plain language and a
manner sufficiently clear and specific:
(a) of any conditions to which the principal is subject, to serve as a
guide for the principal's conduct; and
(b) that the possible consequences for violation of such a condition
may include revocation of the securing order and the ordering of a more
restrictive securing order.]
§ 15. Sections 510.43 and 510.45 of the criminal procedure law are
REPEALED.
§ 16. Section 510.50 of the criminal procedure law, as amended by
section 9 of part JJJ of chapter 59 of the laws of 2019, is amended to
read as follows:
§ 510.50 Enforcement of securing order.
[1.] When the attendance of a principal confined in the custody of the
sheriff is required at the criminal action or proceeding at a particular
time and place, the court may compel such attendance by directing the
sheriff to produce the principal at such time and place. If the princi-
pal is at liberty on the principal's own recognizance [or non-monetary
conditions] or on bail, the principal's attendance may be achieved or
compelled by various methods, including notification and the issuance of
a bench warrant, prescribed by law in provisions governing such matters
with respect to the particular kind of action or proceeding involved.
[2. Except when the principal is charged with a new crime while at
liberty, absent relevant, credible evidence demonstrating that a princi-
pal's failure to appear for a scheduled court appearance was willful,
the court, prior to issuing a bench warrant for a failure to appear for
a scheduled court appearance, shall provide at least forty-eight hours
notice to the principal or the principal's counsel that the principal is
required to appear, in order to give the principal an opportunity to
appear voluntarily.]
§ 17. Paragraph (b) of subdivision 2 of section 520.10 of the criminal
procedure law, as amended by section 10 of part JJJ of chapter 59 of the
laws of 2019, is amended to read as follows:
A. 4754 13
(b) The court [shall] MAY direct that the bail be posted in any one of
[three] TWO or more of the forms specified in subdivision one of this
section, designated in the alternative, and may designate different
amounts varying with the forms[, except that one of the forms shall be
either an unsecured or partially secured surety bond, as selected by the
court].
§ 18. Section 530.10 of the criminal procedure law, as amended by
section 11 of part JJJ of chapter 59 of the laws of 2019, is amended to
read as follows:
§ 530.10 Order of recognizance [release under non-monetary conditions]
or bail; in general.
Under circumstances prescribed in this article, a court, upon applica-
tion of a defendant charged with or convicted of an offense, is required
[to issue a securing order] OR AUTHORIZED TO ORDER BAIL OR RECOGNIZANCE
for THE RELEASE OR PROSPECTIVE RELEASE OF such defendant during the
pendency of either:
1. A criminal action based upon such charge; or
2. An appeal taken by the defendant from a judgment of conviction or a
sentence or from an order of an intermediate appellate court affirming
or modifying a judgment of conviction or a sentence.
§ 19. Subdivision 4 of section 530.11 of the criminal procedure law,
as amended by section 12 of part JJJ of chapter 59 of the laws of 2019,
is amended to read as follows:
4. When a person is arrested for an alleged family offense or an
alleged violation of an order of protection or temporary order of
protection or arrested pursuant to a warrant issued by the supreme or
family court, and the supreme or family court, as applicable, is not in
session, such person shall be brought before a local criminal court in
the county of arrest or in the county in which such warrant is return-
able pursuant to article one hundred twenty of this chapter. Such local
criminal court may issue any order authorized under subdivision eleven
of section 530.12 of this article, section one hundred fifty-four-d or
one hundred fifty-five of the family court act or subdivision three-b of
section two hundred forty or subdivision two-a of section two hundred
fifty-two of the domestic relations law, in addition to discharging
other arraignment responsibilities as set forth in this chapter. In
making such order, the local criminal court shall consider [de novo] the
BAIL recommendation [and securing order], if any, made by the supreme or
family court as indicated on the warrant or certificate of warrant.
Unless the petitioner or complainant requests otherwise, the court, in
addition to scheduling further criminal proceedings, if any, regarding
such alleged family offense or violation allegation, shall make such
matter returnable in the supreme or family court, as applicable, on the
next day such court is in session.
§ 20. Subdivision 11 of section 530.12 of the criminal procedure law,
as amended by section 15 of part JJJ of chapter 59 of the laws of 2019,
is amended to read as follows:
11. If a defendant is brought before the court for failure to obey any
lawful order issued under this section, or an order of protection issued
by a court of competent jurisdiction in another state, territorial or
tribal jurisdiction, and if, after hearing, the court is satisfied by
competent proof that the defendant has willfully failed to obey any such
order, the court may:
(a) revoke an order of recognizance [or release under non-monetary
conditions] or revoke an order of bail or order forfeiture of such bail
and commit the defendant to custody; or
A. 4754 14
(b) restore the case to the calendar when there has been an adjourn-
ment in contemplation of dismissal and commit the defendant to custody;
or
(c) revoke a conditional discharge in accordance with section 410.70
of this chapter and impose probation supervision or impose a sentence of
imprisonment in accordance with the penal law based on the original
conviction; or
(d) revoke probation in accordance with section 410.70 of this chapter
and impose a sentence of imprisonment in accordance with the penal law
based on the original conviction. In addition, if the act which consti-
tutes the violation of the order of protection or temporary order of
protection is a crime or a violation the defendant may be charged with
and tried for that crime or violation.
§ 21. The opening paragraph of subdivision 1 of section 530.13 of the
criminal procedure law, as amended by section 14 of part JJJ of chapter
59 of the laws of 2019, is amended to read as follows:
When any criminal action is pending, and the court has not issued a
temporary order of protection pursuant to section 530.12 of this arti-
cle, the court, in addition to the other powers conferred upon it by
this chapter, may for good cause shown issue a temporary order of
protection in conjunction with any securing order COMMITTING THE DEFEND-
ANT TO THE CUSTODY OF THE SHERIFF OR AS A CONDITION OF A PRE-TRIAL
RELEASE, OR AS A CONDITION OF RELEASE ON BAIL or an adjournment in
contemplation of dismissal. In addition to any other conditions, such an
order may require that the defendant:
§ 22. Paragraph (a) of subdivision 8 of section 530.13 of the criminal
procedure law, as amended by section 13 of part JJJ of chapter 59 of the
laws of 2019, is amended to read as follows:
(a) revoke an order of recognizance[, release under non-monetary
conditions] or bail and commit the defendant to custody; or
§ 23. Section 530.20 of the criminal procedure law is REPEALED and a
new section 530.20 is added to read as follows:
§ 530.20 ORDER OF RECOGNIZANCE OR BAIL; BY LOCAL CRIMINAL COURT WHEN
ACTION IS PENDING THEREIN.
WHEN A CRIMINAL ACTION IS PENDING IN A LOCAL CRIMINAL COURT, SUCH
COURT, UPON APPLICATION OF A DEFENDANT, MUST OR MAY ORDER RECOGNIZANCE
OR BAIL AS FOLLOWS:
1. WHEN THE DEFENDANT IS CHARGED, BY INFORMATION, SIMPLIFIED INFORMA-
TION, PROSECUTOR'S INFORMATION OR MISDEMEANOR COMPLAINT, WITH AN OFFENSE
OR OFFENSES OF LESS THAN FELONY GRADE ONLY, THE COURT MUST ORDER RECOG-
NIZANCE OR BAIL.
2. WHEN THE DEFENDANT IS CHARGED, BY FELONY COMPLAINT, WITH A FELONY,
THE COURT MAY, IN ITS DISCRETION, ORDER RECOGNIZANCE OR BAIL EXCEPT AS
OTHERWISE PROVIDED IN THIS SUBDIVISION:
(A) A CITY COURT, A TOWN COURT OR A VILLAGE COURT MAY NOT ORDER RECOG-
NIZANCE OR BAIL WHEN (I) THE DEFENDANT IS CHARGED WITH A CLASS A FELONY,
OR (II) IT APPEARS THAT THE DEFENDANT HAS TWO PREVIOUS FELONY
CONVICTIONS;
(B) NO LOCAL CRIMINAL COURT MAY ORDER RECOGNIZANCE OR BAIL WITH
RESPECT TO A DEFENDANT CHARGED WITH A FELONY UNLESS AND UNTIL:
(I) THE DISTRICT ATTORNEY HAS BEEN HEARD IN THE MATTER OR, AFTER KNOW-
LEDGE OR NOTICE OF THE APPLICATION AND REASONABLE OPPORTUNITY TO BE
HEARD, HAS FAILED TO APPEAR AT THE PROCEEDING OR HAS OTHERWISE WAIVED
THEIR 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
A. 4754 15
ANY OR WITH A POLICE DEPARTMENT REPORT WITH RESPECT TO THE DEFENDANT'S
PRIOR ARREST RECORD. IF NEITHER REPORT IS AVAILABLE, THE COURT, WITH THE
CONSENT OF THE DISTRICT ATTORNEY, MAY DISPENSE WITH THIS REQUIREMENT;
PROVIDED, HOWEVER, THAT IN AN EMERGENCY, INCLUDING BUT NOT LIMITED TO A
SUBSTANTIAL IMPAIRMENT IN THE ABILITY OF SUCH DIVISION OR POLICE DEPART-
MENT TO TIMELY FURNISH SUCH REPORT, SUCH CONSENT SHALL NOT BE REQUIRED
IF, FOR REASONS STATED ON THE RECORD, THE COURT DEEMS IT UNNECESSARY.
WHEN THE COURT HAS BEEN FURNISHED WITH ANY SUCH REPORT OR RECORD, IT
SHALL FURNISH A COPY THEREOF TO COUNSEL FOR THE DEFENDANT OR, IF THE
DEFENDANT IS NOT REPRESENTED BY COUNSEL, TO THE DEFENDANT.
§ 24. The section heading and subdivisions 1 and 2 of section 530.30
of the criminal procedure law, as amended by section 17 of part JJJ of
chapter 59 of the laws of 2019 and the closing paragraph of subdivision
1 as amended by section 7 of subpart A of part VV of chapter 56 of the
laws of 2023, 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] PARAGRAPH (A) OF SUBDIVISION TWO of section 530.20 of this
article; or
(b) Has denied an application for recognizance[, release under non-
monetary conditions] or bail; or
(c) Has fixed bail[, where authorized,] which is excessive[; or
(d) Has set a securing order of release under non-monetary conditions
which are more restrictive than necessary to reasonably assure the
defendant's return to court].
In such case, such superior court judge may vacate the order of such
local criminal court and release the defendant on THEIR OWN recognizance
or [under non-monetary conditions, or where authorized,] fix bail in a
lesser amount or in a less burdensome form[, or order non-monetary
conditions in conjunction with fixing bail, including fixing bail in a
lesser amount or in a less burdensome form, the determination for which
shall be made in accordance with section 510.10 of this title. The court
shall explain the basis for its determination and choice of securing
order on the record or in writing].
2. Notwithstanding the provisions of subdivision one of this section,
when the defendant is charged with a felony in a local criminal court, a
superior court judge may not order recognizance[, release under non-mon-
etary conditions] or[, where authorized,] bail unless and until the
district attorney has had an opportunity to be heard in the matter and
such judge [and counsel for the defendant have] HAS been furnished with
a report as described in subparagraph (ii) of paragraph (b) of subdivi-
sion two of section 530.20 of this article.
§ 25. Section 530.40 of the criminal procedure law is REPEALED and a
new section 530.40 is added to read as follows:
§ 530.40 ORDER OF RECOGNIZANCE OR BAIL; BY SUPERIOR COURT WHEN ACTION IS
PENDING THEREIN.
WHEN A CRIMINAL ACTION IS PENDING IN A SUPERIOR COURT, SUCH COURT,
UPON APPLICATION OF A DEFENDANT, MUST OR MAY ORDER RECOGNIZANCE OR BAIL
AS FOLLOWS:
A. 4754 16
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.
§ 26. Subdivision 1 of section 530.45 of the criminal procedure law,
as amended by section 9 of subpart A of part VV of chapter 56 of the
laws of 2023, 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 [securing] order OF RECOGNIZANCE 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[, or, in conjunction with the imposition of non-mone-
tary conditions, 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 author-
ized,] fix bail[, which may be in conjunction with the imposition of
non-monetary conditions,] OR fix bail in a lesser amount or in a less
burdensome form[, which may be in conjunction with the imposition of
non-monetary conditions, or issue a less restrictive securing order,]
than fixed by the court in which the conviction was entered.
§ 27. Subdivision 2-a of section 530.45 of the criminal procedure law
is REPEALED.
§ 28. Section 530.50 of the criminal procedure law, as amended by
chapter 264 of the laws of 2003, subdivision 1 as designated by section
10 of part UU of chapter 56 of the laws of 2020, and subdivisions 2 and
A. 4754 17
3 as amended by section 10 of subpart A of part VV of chapter 56 of the
laws of 2023, 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, fixing bail, or ordering non-mon-
etary conditions in conjunction with fixing bail, a judge identified 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 ordering non-monetary
conditions in conjunction with fixing bail, or remanding the defendant
to the custody of the sheriff where authorized.
3. Where an appeal by the people has been taken from an order dismiss-
ing one or more counts of an accusatory instrument for failure to comply
with a discovery order pursuant to subdivision twelve of section 450.20
of this chapter and the defendant is charged with a qualifying offense
in the remaining counts in the accusatory instrument, pending determi-
nation of an appeal, the defendant may apply for an order of recogni-
zance or release on non-monetary conditions, where authorized, fixing
bail, or ordering non-monetary conditions in conjunction with fixing
bail. A judge identified in subdivision two of section 460.50 of this
chapter 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 ordering non-monetary conditions in conjunction with
fixing bail, or remanding the defendant to the custody of the sheriff
where authorized.]
§ 29. Section 530.60 of the criminal procedure law, as amended by
section 20 of part JJJ of chapter 59 of the laws of 2019 and the opening
paragraph of paragraph (b) and the closing paragraph of subparagraph (i)
and subparagraph (ii) of paragraph (d) of subdivision 2 as amended and
subparagraph (iii) of paragraph (d) of subdivision 2 as added by section
11 of subpart A of part VV of chapter 56 of the laws of 2023, 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] IT may, and [except
as provided in subdivision two of section 510.50 of this title concern-
ing a failure to appear in court,] by a bench warrant if necessary,
A. 4754 18
require the defendant to appear before the court. Upon such appearance,
the court, for good cause shown, may revoke the order of recognizance[,
release under non-monetary conditions,] or bail. If the defendant is
entitled to recognizance[, release under non-monetary conditions,] or
bail as a matter of right, the court must issue another such order. If
the defendant is not, the court may either issue such an order or commit
the defendant to the custody of the sheriff [in accordance with this
section].
Where the defendant is committed to the custody of the sheriff and is
held on a felony complaint, a new period as provided in section 180.80
of this chapter shall commence to run from the time of the defendant's
commitment under this subdivision.
2. (a) Whenever in the course of a criminal action or proceeding a
defendant charged with the commission of a felony is at liberty as a
result of an order of recognizance, [release under non-monetary condi-
tions] or bail issued pursuant to this article it shall be grounds for
revoking such order that the court finds reasonable cause to believe the
defendant committed one or more specified class A or violent felony
offenses or intimidated a victim or witness in violation of section
215.15, 215.16 or 215.17 of the penal law while at liberty.
[(b) Except as provided in paragraph (a) of this subdivision or any
other law, whenever in the course of a criminal action or proceeding a
defendant charged with the commission of an offense is at liberty as a
result of a securing order issued pursuant to this article it shall be
grounds for revoking such order and imposing a new securing order in
accordance with paragraph (d) of this subdivision, the basis for which
shall be made on the record or in writing, in such criminal action or
proceeding 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] THEIR 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
chapter. A transcript of testimony taken before the grand jury upon
presentation 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
hearing.
[(d)] (B) Revocation of an order of recognizance[, release under non-
monetary conditions] or bail and [a new securing order fixing bail or]
A. 4754 19
commitment[, as specified in this paragraph and] pursuant to this subdi-
vision shall be for the following periods, EITHER:
[(i) Under paragraph (a) of this subdivision, revocation of the order
of recognizance, release under non-monetary conditions or, as the case
may be, bail, and a new securing order fixing bail or committing the
defendant to the custody of the sheriff shall be as follows:
(A)] (I) For a period not to exceed ninety days exclusive of any peri-
ods of adjournment requested by the defendant; or
[(B)] (II) Until the charges contained within the accusatory instru-
ment have been reduced or dismissed such that no count remains which
charges the defendant with commission of a felony; or
[(C)] (III) Until reduction or dismissal of the charges contained
within the accusatory instrument charging the subsequent offense such
that no count remains which charges the defendant with commission of a
class A or violent felony offense.
Upon expiration of any of the three periods specified within this
[subparagraph] PARAGRAPH, whichever is shortest, the court may grant or
deny release upon an order of bail or recognizance in accordance with
the provisions of this article. Upon conviction to an offense the
provisions of THIS article [five hundred thirty of this chapter] shall
apply[;].
[(ii) Under subparagraph (i) of paragraph (b) of this subdivision,
revocation of a previously issued securing order 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, or ordering non-monetary conditions in
conjunction with fixing bail, provided, however, that in accordance with
the principles in this title the court must impose a new securing order
in accordance with subdivision one of section 510.10 of this title, and
in imposing such order, may consider the circumstances warranting such
revocation. Nothing in this subparagraph shall be interpreted as short-
ening 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; and
(iii) Under subparagraphs (ii), (iii), and (iv) of paragraph (b) of
this subdivision, revocation of a previously issued securing order 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 defend-
ant eligible for an order fixing bail or ordering non-monetary condi-
tions in conjunction with fixing bail. In issuing the new securing
order, the court shall consider the kind and degree of control or
restriction necessary to reasonably assure the principal's return to
court and compliance with court conditions, and select a securing order
consistent with its determination, taking into account the factors
required to be considered under subdivision one of section 510.10 of
this title, the circumstances warranting such revocation, and the nature
and extent of the principal's noncompliance with previously ordered
non-monetary conditions of the securing order subject to revocation
under this subdivision. Nothing in this subparagraph shall be interpret-
ed 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
A. 4754 20
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 was] THEY WERE at liberty as spec-
ified therein, may be committed to the custody of the sheriff pending a
revocation hearing for a period not to exceed seventy-two hours. An
additional 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] THEIR consent. Such good
cause must consist of some compelling fact or circumstance which
precluded conducting the hearing within the initial prescribed period.
§ 30. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
procedure law, as amended by chapter 435 of the laws of 2021, 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] THEM 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 use be deemed to have violated a
release condition on the basis of [his or her] THEIR 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] THEIR lawful scope of practice. The
[relevant] provisions of SUBDIVISION ONE OF section 530.60 of this chap-
ter relating to [issuance of securing orders] REVOCATION OF RECOGNIZANCE
OR BAIL shall apply to such proceedings under this subdivision.
§ 31. Section 410.60 of the criminal procedure law, as amended by
section 23 of part JJJ of chapter 59 of the laws of 2019, is amended to
read as follows:
§ 410.60 Appearance before court.
A person who has been taken into custody pursuant to section 410.40 or
[section] 410.50 of this article for violation of a condition of a
sentence of probation or a sentence of conditional discharge must forth-
with be brought before the court that imposed the sentence. Where a
violation of probation petition and report has been filed and the person
has not been taken into custody nor has a warrant been issued, an
initial court appearance shall occur within ten business days of the
court's issuance of a notice to appear. If the court has reasonable
cause to believe that such person has violated a condition of the
sentence, it may commit such person to the custody of the sheriff[,] OR
fix bail[, release such person under non-monetary conditions] or release
such person on such person's own recognizance for future appearance at a
hearing to be held in accordance with section 410.70 of this article. If
the court does not have reasonable cause to believe that such person has
violated a condition of the sentence, it must direct that such person be
released.
§ 32. Subdivision 3 of section 620.50 of the criminal procedure law,
as amended by section 24 of part JJJ of chapter 59 of the laws of 2019,
is amended to read as follows:
3. A material witness order must be executed as follows:
A. 4754 21
(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]
THEMSELF, [he] THEY may not be so released except upon [his] THEIR
signed written consent thereto;
(b) If the bail is not posted, or if though posted it is not approved
by the court, the witness must, as provided in subdivision [two] THREE
of section 510.40 of this part, be committed to the custody of the sher-
iff.
§ 33. Subdivision 1-a of section 70.15 of the penal law is REPEALED.
§ 34. Subdivisions 1 and 3 of section 70.15 of the penal law, as
amended by section 1 of part OO of chapter 55 of the laws of 2019, are
amended to read as follows:
1. Class A misdemeanor. A sentence of imprisonment for a class A
misdemeanor shall be a definite sentence. When such a sentence is
imposed the term shall be fixed by the court, and shall not exceed
[three hundred sixty-four days] ONE YEAR; PROVIDED, HOWEVER, THAT A
SENTENCE OF IMPRISONMENT IMPOSED UPON A CONVICTION OF CRIMINAL
POSSESSION OF A WEAPON IN THE FOURTH DEGREE AS DEFINED IN SUBDIVISION
ONE OF SECTION 265.01 OF THIS CHAPTER MUST BE FOR A PERIOD OF NO LESS
THAN ONE YEAR WHEN THE CONVICTION WAS THE RESULT OF A PLEA OF GUILTY
ENTERED IN SATISFACTION OF AN INDICTMENT OR ANY COUNT THEREOF CHARGING
THE DEFENDANT WITH THE CLASS C FELONY OFFENSE OF CRIMINAL POSSESSION OF
A WEAPON IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION
265.03 OF THIS CHAPTER, EXCEPT THAT THE COURT MAY IMPOSE ANY OTHER
SENTENCE AUTHORIZED BY LAW UPON A PERSON WHO HAS NOT BEEN PREVIOUSLY
CONVICTED IN THE FIVE YEARS IMMEDIATELY PRECEDING THE COMMISSION OF THE
OFFENSE FOR A FELONY OR A CLASS A MISDEMEANOR DEFINED IN THIS CHAPTER,
IF THE COURT HAVING REGARD TO THE NATURE AND CIRCUMSTANCES OF THE CRIME
AND TO THE HISTORY AND CHARACTER OF THE DEFENDANT, FINDS ON THE RECORD
THAT SUCH SENTENCE WOULD BE UNDULY HARSH AND THAT THE ALTERNATIVE
SENTENCE WOULD BE CONSISTENT WITH PUBLIC SAFETY AND DOES NOT DEPRECATE
THE SERIOUSNESS OF THE CRIME.
3. Unclassified misdemeanor. A sentence of imprisonment for an unclas-
sified misdemeanor shall be a definite sentence. When such a sentence is
imposed the term shall be fixed by the court, and shall be in accordance
with the sentence specified in the law or ordinance that defines the
crime [but, in any event, it shall not exceed three hundred sixty-four
days].
§ 35. Subdivision 5 of section 216 of the judiciary law is REPEALED.
§ 36. Sections 837-t and 837-u of the executive law are REPEALED.
§ 37. Paragraph (d) of subdivision 4 of section 840 of the executive
law is REPEALED.
§ 38. This act shall take effect immediately.