S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4754
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2025
                                ___________
 
 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to  amend  the  criminal  procedure  law  and the penal law, in
   relation to providing judges more discretion regarding securing orders
   and limiting the lengths of certain orders and increasing the  lengths
   of certain prison sentences; to repeal certain provisions of the crim-
   inal procedure law, the judiciary law, the executive law and the penal
   law  relating  thereto;  to repeal certain provisions of the executive
   law relating to the use of force by law  enforcement;  and  to  repeal
   certain provisions of the criminal procedure law relating to discovery
   and motions to vacate judgments
 
   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 law is REPEALED.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,
 paragraph (a) as separately amended by section 1 of subpart B of part VV
 of chapter 56 of the laws of 2023 and chapter 23 of the  laws  of  2024,
 and  subparagraph  (viii)  of paragraph (b) as amended and subparagraphs
 (ix), (x), and (xi) of paragraph (b)  as added by section 1 of subpart B
 of part UU of chapter 56 of the laws of 2022,  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,
 former section 130.40, section 205.10, 205.17, 205.19 or 215.56  of  the
 penal law, or other than where an arrest is required to be made pursuant
 to subdivision four of section 140.10 of this title, the officer [shall,
 except as set out in paragraph (b) of this subdivision,] MAY, subject to

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02443-01-5
 A. 4754                             2
              

 
 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.