Senate Bill S7337

2025-2026 Legislative Session

Enacts into law components of legislation relating to certain criminal justice reform in the state of New York; repealer

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Current Bill Status - In Senate Committee Codes Committee

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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 10, 2025	referred to codes

2025-S7337 (ACTIVE) - Details

See Assembly Version of this Bill:: A8014
Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Rpld §150.10 sub 3, §500.10 subs 3-a, 3-b, 21 & 22, §530.45 sub 2-a, §§150.80, 510.43, 510.45, 530.20 & 530.40, amd CP L, generally; add §844, rpld §837-u, Exec L; rpld §216 sub 5, Judy L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8720, A10077
2023-2024: S1830, A2193

2025-S7337 (ACTIVE) - Summary

Enacts into law components of legislation relating to certain criminal justice reform in the state of New York; establishes law enforcement officer grant funds (Part A); provides judges more discretion regarding securing orders and limiting the lengths of certain orders (Part B); requires affirmative consent for the disclosure of contact information of witnesses to a defendant

2025-S7337 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7337

SPONSOR: GRIFFO
 
TITLE OF BILL:

An act to amend the executive law, in relation to law enforcement offi-
cer grant funds (Part A); to amend the criminal procedure law, in
relation to providing judges more discretion regarding securing orders
and limiting the lengths of certain orders; and to repeal certain
provisions of the criminal procedure law, the judiciary law and the
executive law relating thereto (Part B); to amend the criminal procedure
law, in relation to requiring affirmative consent for the disclosure of
contact information of witnesses to a defendant (Part C); and to amend
the criminal procedure law, in relation to consideration of the death
penalty for the commission of certain provisions of murder in the first
degree (Part D)

 
PURPOSE:

The purpose of this bill is to provide local governments and their
corresponding police agencies with the financial support they need to
hire and retain police officers in order to maintain safety and public
order. The bill also repeals the disastrous changes to the state's bail

laws from 2019, protects witnesses to a crime by allowing for affirma-
tive consent of their contact information, and provides for the possi-
bility of the death penalty as a punishment when an individual is
convicted of murder in the death of a police officer.

 
SUMMARY OF PROVISIONS:

Section 1 makes changes to various sections of law in the following
manner:

Part A: Allocates $100 million each year for three years ($300 million
total) to provide grants that local governments and police agencies may
apply for in order to increase safety in their communities. $80 million
each year will be allocated for the hiring or re-hiring of police offi-
cers, hiring members of the armed forces to serve as law enforcement
officers in crime prevention, and supporting non-hiring initiatives,
such as training law enforcement officers in crime prevention, communi-
ty-policing techniques, and developing technologies that support crime
prevention strategies. Law enforcement agencies are eligible for up to
90% of the costs associated with such hiring or non-hiring initiatives;
provided, however, that the law enforcement agency commits to employing
such officers for at least five years, retaining such officers for at
least two additional years after the three years of grant funding
expires. $20 million per year will be allocated to support the purchase
of equipment, not including the purchase or maintenance of police cruis-
ers.

Part B: Repeals the changes made to the state's bail laws in 2019,
providing for judicial discretion in the setting of bail; taking into
account a defendant's risk of flight to avoid prosecution; a defendant's
prior criminal history; a defendant's risk of failing to appear in
court; and the dangerousness a defendant poses to other individuals or
the community.

Part C: Provides that law enforcement personnel conducting the initial
interview of someone who has evidence or information relevant to an
offense for which someone will be charged with a crime must request
whether or not such witness is comfortable with their personal informa-
tion being disclosed to the defense. A witness must provide a justifica-
tion for why they do not wish to have their information shared with the
defense.

Part D: Allows for the use of the death penalty in cases where an indi-
vidual has been convicted in the murder of a police officer.

Section 2 outlines the severability clause. Section 3 marks the effec-
tive date.

 
JUSTIFICATION:

New York has seen a significant increase in crime over the last couple
of years. One of the main causes of this epidemic is the disastrous
changes made to the state's bail and discovery laws in 2019. This bill
would repeal the disastrous changes that have led to the state's
increase in crime, and would make witnesses to crimes safer by protect-
ing their contact information, preventing witness intimidation efforts.

The bill would also support local governments, their police agencies and
police officers by creating a state grant fund to allocate $300 million
over the next three years ($100 million per year) to be utilized for the
hiring, rehiring and training of police officers.  Additionally, the
fund would authorize the purchase of law enforcement equipment, not
including the purchase or maintenance of police cruisers. This legis-
lation further supports law enforcement by making the murder of a police
officer eligible for the death penalty.

Investing in our law enforcement financially and morally, as well as
ending the disastrous policies imposed on the people of the state in
2019, will create a safer environment for all New Yorkers. It will put
the safety of New Yorkers back in the hands of law enforcement and
prevent criminals from controlling our communities.

 
LEGISLATIVE HISTORY:

2023-24-S.1830/A2193 - Codes Committee/Codes Committee

2022- S. 8720/A.10077 - Codes Committee

 
FISCAL IMPLICATIONS:

$300 million over the next three years.

 
EFFECTIVE DATE:
This act shall take effect immediately provided, however, that the
applicable effective date of Parts A through D of this act shall be as
specifically set forth in the last section of such parts.

2025-S7337 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7337
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 10, 2025
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the executive law, in relation to law enforcement  offi-
   cer  grant  funds  (Part  A);  to amend the criminal procedure law, in
   relation to providing judges more discretion regarding securing orders
   and limiting the lengths of certain  orders;  and  to  repeal  certain
   provisions  of  the  criminal procedure law, the judiciary law and the
   executive law relating thereto (Part B); to amend the criminal  proce-
   dure law, in relation to requiring affirmative consent for the disclo-
   sure  of contact information of witnesses to a defendant (Part C); and
   to amend the criminal procedure law, in relation to  consideration  of
   the  death  penalty for the commission of certain provisions of murder
   in the first degree (Part D)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law components of legislation relating
 to  certain  criminal  justice  reform  in the state of New York.   Each
 component is wholly contained  within  a  Part  identified  as  Parts  A
 through  D.  The  effective date for each particular provision contained
 within such Part is set forth in the last  section  of  such  Part.  Any
 provision in any section contained within a Part, including  the  effec-
 tive date of the Part, which makes reference to a section "of this act",
 when  used  in  connection with that   particular   component, shall  be
 deemed  to mean and refer to the corresponding section of  the  Part  in
 which  it  is  found.   Section three of this act sets forth the general
 effective date of this act.
 
                                  PART A
 
   Section 1. The executive law is amended by adding a new section 844 to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11608-01-5

 S. 7337                             2
 
   § 844. LAW ENFORCEMENT OFFICER GRANT FUNDS. 1. WITHIN  AMOUNTS  APPRO-
 PRIATED  FOR  SUCH  PURPOSE,  IN  THE YEARS TWO THOUSAND TWENTY-SIX, TWO
 THOUSAND TWENTY-SEVEN AND TWO THOUSAND TWENTY-EIGHT, ONE HUNDRED MILLION
 DOLLARS SHALL BE AVAILABLE AND ALLOCATED EACH YEAR PURSUANT TO  SUBDIVI-
 SIONS  TWO  AND  THREE  OF  THIS  SECTION AND SHALL BE PAID TO COVER ALL
 EXPENSES RELATED TO HIRING LAW ENFORCEMENT OFFICERS, INCLUDING ANY BENE-
 FITS PROVIDED TO SUCH OFFICERS THROUGH EMPLOYMENT WITH THEIR  RESPECTIVE
 LAW ENFORCEMENT AGENCY.
   2.  EIGHTY MILLION DOLLARS OF THE FUNDS ALLOCATED PURSUANT TO SUBDIVI-
 SION ONE OF THIS SECTION SHALL BE AVAILABLE TO LAW ENFORCEMENT  AGENCIES
 FOR  THE PURPOSE OF HIRING NEW POLICE OFFICERS OR RE-HIRING POLICE OFFI-
 CERS WHO HAVE BEEN LAID OFF, HIRING MEMBERS OF THE ARMED FORCES TO SERVE
 AS LAW ENFORCEMENT OFFICERS IN CRIME PREVENTION, AND SUPPORTING NON-HIR-
 ING INITIATIVES, SUCH AS TRAINING  LAW  ENFORCEMENT  OFFICERS  IN  CRIME
 PREVENTION,  COMMUNITY  POLICING TECHNIQUES, AND DEVELOPING TECHNOLOGIES
 THAT SUPPORT CRIME PREVENTION  STRATEGIES.    ELIGIBLE  LAW  ENFORCEMENT
 AGENCIES SHALL BE ELIGIBLE FOR UP TO NINETY PERCENT OF THE COSTS ASSOCI-
 ATED  WITH SUCH HIRING OR NON-HIRING INITIATIVES; PROVIDED, HOWEVER THAT
 SUCH LAW ENFORCEMENT AGENCIES SHALL COMMIT TO  EMPLOYING  SUCH  OFFICERS
 FOR  AT LEAST FIVE YEARS, RETAINING SUCH OFFICERS FOR AT LEAST TWO ADDI-
 TIONAL YEARS AFTER THE THREE YEARS OF GRANT FUNDING EXPIRES.
   3. TWENTY MILLION DOLLARS OF THE FUNDS ALLOCATED PURSUANT TO  SUBDIVI-
 SION  ONE OF THIS SECTION SHALL BE AVAILABLE TO LAW ENFORCEMENT AGENCIES
 FOR THE PURCHASE OF EQUIPMENT, SUCH AS FIREARMS, RIOT GEAR, AND  PROTEC-
 TIVE  VESTS;  PROVIDED,  HOWEVER,  THAT  SUCH  GRANT  FUNDS SHALL NOT BE
 EXPENDED ON THE PURCHASE OR MAINTENANCE  OF  POLICE  CRUISERS  OR  OTHER
 VEHICLES USED BY LAW ENFORCEMENT AGENCIES.
   4.  THE COMMISSIONER, IN COOPERATION WITH THE ATTORNEY GENERAL AND THE
 SUPERINTENDENT OF STATE POLICE, SHALL ESTABLISH ELIGIBILITY CRITERIA AND
 THE APPLICATION PROCESS FOR THE GRANTS PROVIDED  FOR  PURSUANT  TO  THIS
 SECTION.    GRANT INFORMATION AND APPLICATION FORMS SHALL BE MADE AVAIL-
 ABLE THROUGH THE NEW YORK STATE GRANTS GATEWAY.
   § 2. This act shall take effect immediately.
 
                                  PART B
 
   Section 1. Subdivision 3 of section 150.10 of the  criminal  procedure
 law is REPEALED.
   §  2.  Subdivision 1 of section 1.20 of the criminal procedure law, as
 amended by chapter 450 of the laws  of  2019,  is  amended  to  read  as
 follows:
   1.  "Accusatory  instrument" means[: (a)] an indictment, an indictment
 ordered reduced pursuant to subdivision one-a of section 210.20 of  this
 [chapter] PART, an information, a simplified information, a prosecutor's
 information,  a superior court information, a misdemeanor complaint or a
 felony complaint. Every accusatory instrument, regardless of the  person
 designated  therein  as  accuser, constitutes an accusation on behalf of
 the state as plaintiff and must be entitled "the people of the state  of
 New York" against a designated person, known as the defendant[; and
   (b) an appearance ticket issued for a parking infraction when (i) such
 ticket  is  based on personal knowledge or information and belief of the
 police officer or other public servant who issues the ticket,  (ii)  the
 police  officer  or other public servant who issues such ticket verifies
 that false statements made therein are punishable as a class A misdemea-
 nor, (iii) the infraction or infractions contained therein are stated in
 detail and not in conclusory terms so as to provide the  defendant  with
 S. 7337                             3

 sufficient   notice  including,  but  not  limited,  to  the  applicable
 provision of law allegedly violated, and the date, time  and  particular
 place  of the alleged infraction, and (iv) such ticket contains: (1) the
 license plate designation of the ticketed vehicle, (2) the license plate
 type  of  the ticketed vehicle, (3) the expiration of the ticketed vehi-
 cle's registration, (4) the make or model of the ticketed  vehicle,  and
 (5) the body type of the ticketed vehicle, provided, however, that where
 the plate type or the expiration date are not shown on either the regis-
 tration plates or sticker of a vehicle or where the registration sticker
 is  covered,  faded,  defaced or mutilated so that it is unreadable, the
 plate type or the expiration date may  be  omitted,  provided,  further,
 however,  that  such  condition must be so described and inserted on the
 instrument].
   § 3. 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,
 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
 the provisions of subdivisions three and four of section 150.40 of  this
 [title]  ARTICLE, instead issue to and serve upon such person an appear-
 ance 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;
 S. 7337                             4

   (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.]
   § 4. 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 THEIR INVOLVEMENT IN OR CONNECTION WITH SUCH
 ACTION  OR  PROCEEDING; AND (E) THE DATE OF THE PRINCIPAL'S NEXT APPEAR-
 ANCE 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 THEIR  SUPERIOR  OFFICERS,  MAY  IN  SUCH
 PLACE,  FIX PRE-ARRAIGNMENT BAIL, IN AN AMOUNT PRESCRIBED IN THIS SUBDI-
 VISION, AND UPON THE POSTING THEREOF MUST ISSUE AND SERVE AN  APPEARANCE
 TICKET  UPON  THE  ARRESTED  PERSON,  GIVE  A  RECEIPT FOR THE BAIL, AND
 S. 7337                             5
 
 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 POLICE 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
 APPEARANCE AS IS PROVIDED IN SECTION FIVE HUNDRED SEVENTEEN OF THE VEHI-
 CLE AND TRAFFIC LAW, FIX PRE-ARRAIGNMENT BAIL IN  THE  AMOUNT  OF  FIFTY
 DOLLARS;  PROVIDED,  HOWEVER,  SUCH  BAIL  SHALL BE POSTED BY MEANS OF A
 CREDIT CARD OR SIMILAR DEVICE.  UPON THE POSTING THEREOF,  SAID  OFFICER
 MUST ISSUE AND SERVE AN APPEARANCE TICKET UPON THE ARRESTED PERSON, GIVE
 A RECEIPT FOR THE BAIL, AND RELEASE SUCH PERSON FROM CUSTODY.
   4.  THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ESTABLISH A SYSTEM FOR
 THE POSTING OF PRE-ARRAIGNMENT BAIL BY MEANS OF CREDIT CARD  OR  SIMILAR
 DEVICE,  AS  IS  PROVIDED BY SECTION TWO HUNDRED TWELVE OF THE JUDICIARY
 LAW. THE HEAD OF EACH POLICE DEPARTMENT OR POLICE FORCE AND OF ANY STATE
 DEPARTMENT, AGENCY, BOARD, COMMISSION OR PUBLIC AUTHORITY HAVING  POLICE
 OFFICERS  WHO  FIX  PRE-ARRAIGNMENT BAIL AS PROVIDED HEREIN MAY ELECT TO
 USE THE SYSTEM ESTABLISHED BY THE CHIEF ADMINISTRATOR OR  MAY  ESTABLISH
 SUCH  OTHER  SYSTEM  FOR THE POSTING OF PRE-ARRAIGNMENT BAIL BY MEANS OF
 CREDIT CARD OR SIMILAR DEVICE AS THEY MAY DEEM APPROPRIATE.
   § 5. 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.
   § 6. Subdivision 1 of section 150.50 of the criminal procedure law, as
 amended by chapter 450 of the laws  of  2019,  is  amended  to  read  as
 follows:
   1.  A police officer or other public servant who has issued and served
 an appearance ticket must, at or before the time such appearance  ticket
 is  returnable,  file or cause to be filed with the local criminal court
 in which it is returnable a local criminal court  accusatory  instrument
 charging  the  person  named  in such appearance ticket with the offense
 specified therein[;  provided,  however,  that  no  separate  accusatory
 instrument shall be required to be filed for an appearance ticket issued
 for a parking infraction which conforms to the requirements set forth in
 paragraph (b) of subdivision one of section 1.20 of this chapter]. Noth-
 ing herein contained shall authorize the use of a simplified information
 when not authorized by law.
 S. 7337                             6
 
   § 7. Section 150.80 of the criminal procedure law is REPEALED.
   §  8. Subdivisions 3-a, 3-b, 21 and 22 of section 500.10 of the crimi-
 nal procedure law are REPEALED.
   § 9. 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, 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.
   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].
   § 10. 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.  Except as otherwise required  by  law,  the
 court shall make an individualized determination as to whether the prin-
 cipal 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 determination 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;
 S. 7337                             7

   (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;
   (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;
 S. 7337                             8

   (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the  penal  law, or a felony sex offense defined in section 70.80 of the
 penal law, or a crime involving incest as  defined  in  section  255.25,
 255.26  or  255.27  of such law, or a misdemeanor defined in article one
 hundred thirty of such law;
   (f)  conspiracy  in  the second degree as defined in section 105.15 of
 the penal law, where the underlying allegation of such  charge  is  that
 the  defendant  conspired  to commit a class A felony defined in article
 one hundred twenty-five of the penal law;
   (g) money laundering in support of terrorism in the  first  degree  as
 defined  in section 470.24 of the penal law; money laundering in support
 of terrorism in the second degree as defined in section  470.23  of  the
 penal  law; money laundering in support of terrorism in the third degree
 as defined in section 470.22 of  the  penal  law;  money  laundering  in
 support  of  terrorism in the fourth degree as defined in section 470.21
 of the penal law; or a felony crime of terrorism as defined  in  article
 four  hundred  ninety  of the penal law, other than the crime defined in
 section 490.20 of such law;
   (h) criminal contempt in the second degree as defined  in  subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
 the penal law or aggravated criminal  contempt  as  defined  in  section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal  contempt  in the second degree, criminal contempt in the first
 degree or aggravated criminal contempt is that the defendant violated  a
 duly served order of protection where the protected party is a member of
 the  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this title;
   (i) facilitating a sexual performance by a  child  with  a  controlled
 substance  or alcohol as defined in section 263.30 of the penal law, use
 of a child in a sexual performance as defined in section 263.05  of  the
 penal  law  or  luring  a child as defined in subdivision one of section
 120.70 of the penal law, promoting an obscene sexual  performance  by  a
 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;
 S. 7337                             9

   (o)  grand larceny in the first degree as defined in section 155.42 of
 the penal law, enterprise corruption as defined in section 460.20 of the
 penal law, or money laundering in the first degree as defined in section
 470.20 of the penal law;
   (p)  failure  to  register  as  a sex offender pursuant to section one
 hundred sixty-eight-t of the correction law or endangering  the  welfare
 of  a child as defined in subdivision one of section 260.10 of the penal
 law, where the defendant is  required  to  maintain  registration  under
 article  six-C of the correction law and designated a level three offen-
 der pursuant to subdivision six of section one hundred sixty-eight-l  of
 the correction law;
   (q)  a  crime  involving  bail jumping under section 215.55, 215.56 or
 215.57 of the penal law, or a  crime  involving  escaping  from  custody
 under section 205.05, 205.10 or 205.15 of the penal law;
   (r)  any  felony  offense  committed  by the principal while serving a
 sentence of probation or while released to post release supervision;
   (s) a felony, where the defendant qualifies  for  sentencing  on  such
 charge  as a persistent felony offender pursuant to section 70.10 of the
 penal law;
   (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.]  FIX  BAIL  OR COMMIT THE PRINCIPAL TO THE CUSTODY OF THE SHERIFF.
 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  committed
 S. 7337                            10
 
 the  principal to the custody of the sheriff, the court shall give writ-
 ten notification to the sheriff of such revocation or termination of the
 securing order.
   2.  THE  COURT SHALL RELEASE THE PRINCIPAL ON PERSONAL RECOGNIZANCE OR
 ON BAIL UNLESS THE COURT MAKES AN INDIVIDUALIZED DETERMINATION THAT: (A)
 THE PRINCIPAL POSES A RISK OF FLIGHT TO AVOID PROSECUTION; (B) THE PRIN-
 CIPAL POSES A RISK OF FAILING TO APPEAR IN COURT BASED  ON  THE  PRINCI-
 PAL'S  RECORD  OF  A  PRIOR  CRIMINAL CONVICTION OR FAILURE TO APPEAR IN
 PRIOR COURT PROCEEDINGS; OR (C) THE PRINCIPAL POSES A RISK OF  ENDANGER-
 ING  THE SAFETY OF ANY OTHER PERSON OR THE COMMUNITY. IF THE COURT FINDS
 THAT THE PRINCIPAL POSES A RISK OF FLIGHT OR A RISK OF FAILURE TO APPEAR
 BUT DOES NOT POSE A RISK OF ENDANGERING THE SAFETY OF ANY  OTHER  PERSON
 OR  THE  COMMUNITY, THE COURT SHALL RELEASE THE PRINCIPAL SUBJECT TO THE
 LOWEST REASONABLE BAIL AND/OR THE LEAST RESTRICTIVE FURTHER CONDITION OR
 COMBINATION OF CONDITIONS THAT WILL REASONABLY ENSURE THE APPEARANCE  OF
 THE  PRINCIPAL  CONSIDERING  THE NATURE AND CIRCUMSTANCES OF THE CHARGED
 OFFENSE, THE WEIGHT OF THE EVIDENCE, THE HISTORY AND CHARACTERISTICS  OF
 THE PRINCIPAL, AND THE NATURE AND SERIOUSNESS OF THE DANGER POSED BY THE
 PRINCIPAL'S RELEASE. IF THE COURT DETERMINES THAT NO CONDITION OR COMBI-
 NATION  OF CONDITIONS WILL REASONABLY ASSURE THE APPEARANCE OF THE PRIN-
 CIPAL AND THE SAFETY OF ANY OTHER PERSON OF  THE  COMMUNITY,  THE  COURT
 SHALL ORDER DETENTION WITHOUT BAIL.
   3. IF THE PRINCIPAL IS ARRESTED DURING THE INTERIM PERIOD WHILE AWAIT-
 ING  A PRELIMINARY HEARING OR TRIAL, THE COURT SHALL REVOKE OR OTHERWISE
 TERMINATE THE SECURING ORDER AND ISSUE A NEW SECURING ORDER TAKING  INTO
 ACCOUNT THE SUBSEQUENT ARREST.
   4. (A) ALL SECURING ORDERS ISSUED UNDER THIS SECTION WHERE THE PRINCI-
 PAL  IS  INCARCERATED SOLELY BECAUSE OF SAID ORDER SHALL BE REVIEWED AND
 RE-EVALUATED BY THE COURT NO LATER THAN:
   (I) EVERY FOUR WEEKS THEREAFTER WHERE A CLASS  A  MISDEMEANOR  IS  THE
 HIGHEST GRADE OFFENSE;
   (II)  EVERY SIX WEEKS THEREAFTER WHERE A CLASS E FELONY IS THE HIGHEST
 GRADE OFFENSE;
   (III) EVERY EIGHT WEEKS THEREAFTER WHERE A CLASS D FELONY IS THE HIGH-
 EST GRADE OFFENSE;
   (IV) EVERY TEN WEEKS THEREAFTER WHERE A CLASS C FELONY IS THE  HIGHEST
 GRADE OFFENSE; OR
   (V)  EVERY TWELVE WEEKS THEREAFTER WHERE A CLASS B FELONY IS THE HIGH-
 EST GRADE OFFENSE.
   (B) UPON SUCH REVIEW OR  RE-EVALUATION,  THE  COURT  SHALL  RECONSIDER
 WHETHER  THE  PRINCIPAL  SHOULD  BE RELEASED ON PERSONAL RECOGNIZANCE OR
 UPON POSTING REDUCED BAIL IN THE INTERESTS OF JUSTICE AFTER  CONSIDERING
 THE  LENGTH  OF  TIME  THE  PRINCIPAL HAS ALREADY BEEN INCARCERATED, THE
 LIKELY SENTENCE THAT WOULD BE IMPOSED IF THE PRINCIPAL WERE FOUND GUILTY
 OR PLEAD GUILTY TO THE CHARGED OFFENSE, THE NATURE AND CIRCUMSTANCES  OF
 THE CHARGED OFFENSE, THE WEIGHT OF THE EVIDENCE, THE HISTORY AND CHARAC-
 TERISTICS  OF  THE  PRINCIPAL,  THE NATURE AND SERIOUSNESS OF THE DANGER
 POSED BY THE PRINCIPAL'S RELEASE, AND WHETHER THE  PRINCIPAL  SHOULD  BE
 RELEASED  SUBJECT  TO A FURTHER CONDITION, OR COMBINATION OF CONDITIONS,
 THAT REASONABLY JUSTIFIES THE  RELEASE  OF  THE  PRINCIPAL  ON  PERSONAL
 RECOGNIZANCE OR REDUCED BAIL, AND SUCH OTHER FACTORS IN THE INTERESTS OF
 JUSTICE AS REASONABLY DETERMINED BY THE COURT BASED ON AN INDIVIDUALIZED
 DETERMINATION  AS  TO  WHETHER  AND  TO  WHAT  EXTENT THAT THE PRINCIPAL
 CONTINUES TO POSE A RISK OF FLIGHT TO AVOID  PROSECUTION,  CONTINUES  TO
 POSE  A  RISK  OF  FAILING  TO  APPEAR IN COURT BASED ON THE PRINCIPAL'S
 RECORD OF A PRIOR CRIMINAL CONVICTION OR  FAILURE  TO  APPEAR  IN  PRIOR
 S. 7337                            11
 
 COURT PROCEEDINGS, OR CONTINUES TO POSE A RISK OF ENDANGERING THE SAFETY
 OF  ANY  OTHER  PERSON OR THE COMMUNITY. IF THE COURT DETERMINES THAT NO
 CONDITION OR  COMBINATION  OF  CONDITIONS  WILL  REASONABLY  ENSURE  THE
 APPEARANCE  OF  THE  PRINCIPAL AND THE SAFETY OF ANY OTHER PERSON OF THE
 COMMUNITY, THE COURT SHALL CONTINUE TO DETAIN THE PRINCIPAL WITHOUT BAIL
 OR WITHOUT A REDUCTION IN THE AMOUNT OF THE BAIL.
   § 11. 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 subdivision
 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 princi-
 pal may make an application for recognizance[, release  under  non-mone-
 tary  conditions,  bail, a reduction of bail, or imposition of non-mone-
 tary conditions in conjunction with bail or a reduction of] OR bail.
   2. [(a) The principal is entitled to representation by counsel in  the
 making  and presentation of such application. If the principal is finan-
 cially unable to obtain counsel, counsel shall be assigned to the  prin-
 cipal.
   (b)] Upon such application, the principal must be accorded an opportu-
 nity  to  be  heard[,  present evidence] and to contend that an order of
 recognizance[, release under non-monetary conditions] or[, where author-
 ized, bail, 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.
   § 12. Section 510.30 of the criminal  procedure  law,  as  amended  by
 section  5  of part JJJ of chapter 59 of the laws of 2019, 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.  [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.]
 DETERMINATIONS  OF APPLICATIONS FOR RECOGNIZANCE OR BAIL SHALL NOT BE IN
 ALL CASES DISCRETIONARY BUT SHALL BE 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,  PROVID-
 ING (A) THAT IN SOME CIRCUMSTANCES SUCH AN APPLICATION SHALL AS A MATTER
 S. 7337                            12
 
 OF  LAW  BE  GRANTED,  (B) THAT IN OTHERS IT SHALL 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 SHALL BE
 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 SHALL BE DETERMINED ON THE BASIS OF  THE  FOLLOWING  FACTORS
 AND CRITERIA:
   (A)  WITH  RESPECT TO ANY PRINCIPAL, THE COURT SHALL CONSIDER THE KIND
 AND DEGREE OF CONTROL OR RESTRICTION THAT IS  NECESSARY  TO  SECURE  THE
 PRINCIPAL'S  RETURN  TO COURT WHEN REQUIRED. IN DETERMINING THAT MATTER,
 THE COURT SHALL, 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 THEIR 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
 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 THEM IN THE PENDING CRIMINAL ACTION AND ANY OTHER  FACTOR  INDI-
 CATING  PROBABILITY 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  THEY  ARE 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
 S. 7337                            13
 
 subdivision two of section 530.60 of this [chapter] TITLE if the princi-
 pal commits a subsequent felony while at liberty upon such order.
   §  13.  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, paragraph (c) of  subdivi-
 sion  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
 principal  to appear in the criminal action or proceeding involved when-
 ever the principal's attendance may be required and to [be]  RENDER  THE
 PRINCIPAL    at  all  times  amenable to the orders and processes of the
 court. If such principal is in the custody of the sheriff or at  liberty
 upon bail at the time of the order, the court must direct that the prin-
 cipal  be  discharged from such custody or, as the case may be, that the
 principal's bail be exonerated.
   [2.] 3. Upon the issuance of an order fixing bail[, where authorized,]
 and upon the posting thereof, the court must examine the bail to  deter-
 mine  whether it complies with the order. If it does, the court must, in
 the absence of some factor or circumstance  which  in  law  requires  or
 authorizes  disapproval  thereof,  approve  the  bail  and  must issue a
 certificate of release, authorizing the principal to be at liberty, and,
 if the principal is in the custody of the sheriff at the time, directing
 the sheriff to discharge the principal therefrom. If the bail  fixed  is
 not  posted, or is not approved after being posted, the court must order
 that the principal be committed to the custody of the sheriff.  [In  the
 event  of  any  such  non-approval,  the court shall explain promptly in
 writing the reasons therefor.
   3. Non-monetary conditions of  release  shall  be  individualized  and
 established  in  writing  by the court. At future court appearances, the
 court shall consider a lessening of conditions or modification of condi-
 tions to a less burdensome form based on the principal's compliance with
 such conditions of release. In the event of alleged non-compliance  with
 the  conditions  of  release  in  an important respect, pursuant to this
 subdivision, additional conditions may be imposed by the court,  on  the
 record  or  in writing, only after notice of the facts and circumstances
 of such alleged  non-compliance,  reasonable  under  the  circumstances,
 affording  the  principal and the principal's attorney and the people an
 opportunity to present relevant, admissible evidence, relevant witnesses
 and to cross-examine witnesses, and a finding by  clear  and  convincing
 evidence that the principal violated a condition of release in an impor-
 tant respect. Following such a finding, in determining whether to impose
 additional  conditions  for non-compliance, the court shall consider and
 S. 7337                            14

 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. (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
 authorized to enter into a contract with another county or  municipality
 in  the  state  to  monitor  principals under non-monetary conditions of
 release in its county, but counties, municipalities and the state  shall
 not  contract  with  any  private  for-profit  entity for such purposes.
 Counties, municipalities and the state may contract with a private  for-
 profit  entity  to  supply electronic monitoring devices or other items,
 provided that any interaction with persons under  electronic  monitoring
 or  the  data  produced  by such monitoring shall be conducted solely by
 employees of a county, municipality, the state, or a  non-profit  entity
 under contract with such county, municipality or the state.
   (d) Electronic monitoring of a principal's location may be for a maxi-
 mum  period  of  sixty  days,  and may be renewed for such period, after
 notice, an opportunity to be heard and a de novo, individualized  deter-
 mination  in  accordance with this subdivision, which shall be explained
 on the record or in writing.
   A defendant subject  to  electronic  location  monitoring  under  this
 subdivision shall be considered held or confined in custody for purposes
 of  section  180.80 of this chapter and shall be considered committed to
 the custody of the sheriff for purposes of section 170.70 of  the  chap-
 ter, as applicable.
   5. If a principal is released under non-monetary conditions, the court
 shall,  on the record and in an individualized written document provided
 to the principal, notify the principal, in plain language and  a  manner
 sufficiently clear and specific:
   (a) of any conditions to which the principal is subject, to serve as a
 guide for the principal's conduct; and
   (b)  that  the possible consequences for violation of such a condition
 may include revocation of the securing order and the ordering of a  more
 restrictive securing order.]
   §  14.  Sections  510.43  and 510.45 of the criminal procedure law are
 REPEALED.
   § 15. 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:
 S. 7337                            15
 
 § 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.]
   § 16. Paragraph (b) of subdivision 2 of section 520.10 of the criminal
 procedure law, as amended by section 10 of part JJJ of chapter 59 of the
 laws of 2019, is amended to read as follows:
   (b) The court [shall] MAY direct that the bail be posted in any one of
 [three]  TWO  or  more of the forms specified in subdivision one of this
 section, designated in the  alternative,  and  may  designate  different
 amounts  varying  with the forms[, except that one of the forms shall be
 either an unsecured or partially secured surety bond, as selected by the
 court].
   § 17. 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.
   § 18. 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
 S. 7337                            16
 
 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.
   § 19. Subdivision 11 of section 530.12 of the criminal procedure  law,
 as  amended by section 15 of part JJJ of chapter 59 of the laws of 2019,
 is amended to read as follows:
   11. If a defendant is brought before the court for failure to obey any
 lawful order issued under this section, or an order of protection issued
 by a court of competent jurisdiction in another  state,  territorial  or
 tribal  jurisdiction,  and  if, after hearing, the court is satisfied by
 competent proof that the defendant has willfully failed to obey any such
 order, the court may:
   (a) revoke an order of recognizance  [or  release  under  non-monetary
 conditions]  or revoke an order of bail or order forfeiture of such bail
 and commit the defendant to custody; or
   (b) restore the case to the calendar when there has been  an  adjourn-
 ment  in contemplation of dismissal and commit the defendant to custody;
 or
   (c) revoke a conditional discharge in accordance with  section  410.70
 of this chapter and impose probation supervision or impose a sentence of
 imprisonment  in  accordance  with  the  penal law based on the original
 conviction; or
   (d) revoke probation in accordance with section 410.70 of this chapter
 and impose a sentence of imprisonment in accordance with the  penal  law
 based  on the original conviction. In addition, if the act which consti-
 tutes the violation of the order of protection  or  temporary  order  of
 protection  is  a crime or a violation the defendant may be charged with
 and tried for that crime or violation.
   § 20. 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:
   § 21. 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
   §  22.  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.
 S. 7337                            17
 
   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
 THE RIGHT TO DO SO; AND
   (II)  THE  COURT  HAS  BEEN FURNISHED WITH A REPORT OF THE DIVISION OF
 CRIMINAL JUSTICE SERVICES CONCERNING THE DEFENDANT'S CRIMINAL RECORD  IF
 ANY  OR  WITH A POLICE DEPARTMENT REPORT WITH RESPECT TO THE DEFENDANT'S
 PRIOR ARREST RECORD. IF NEITHER REPORT IS AVAILABLE, THE COURT, WITH THE
 CONSENT OF THE DISTRICT ATTORNEY, MAY DISPENSE  WITH  THIS  REQUIREMENT;
 PROVIDED,  HOWEVER, THAT IN AN EMERGENCY, INCLUDING BUT NOT LIMITED TO A
 SUBSTANTIAL IMPAIRMENT IN THE ABILITY OF SUCH DIVISION OR POLICE DEPART-
 MENT TO TIMELY FURNISH SUCH REPORT, SUCH CONSENT SHALL NOT  BE  REQUIRED
 IF,  FOR  REASONS  STATED ON THE RECORD, THE COURT DEEMS IT UNNECESSARY.
 WHEN THE COURT HAS BEEN FURNISHED WITH ANY SUCH  REPORT  OR  RECORD,  IT
 SHALL  FURNISH  A  COPY  THEREOF TO COUNSEL FOR THE DEFENDANT OR, IF THE
 DEFENDANT IS NOT REPRESENTED BY COUNSEL, TO THE DEFENDANT.
   3. THE COURT SHALL MAKE AN INDIVIDUALIZED DETERMINATION  IF:  (A)  THE
 DEFENDANT POSES A RISK OF FLIGHT TO AVOID PROSECUTION; (B) THE DEFENDANT
 POSES  A  RISK  OF  FAILING  TO APPEAR IN COURT BASED ON THE DEFENDANT'S
 RECORD OF A PRIOR CRIMINAL CONVICTION OR  FAILURE  TO  APPEAR  IN  PRIOR
 COURT  PROCEEDINGS; OR (C) THE DEFENDANT POSES A RISK OF ENDANGERING THE
 SAFETY OF ANY OTHER PERSON OR THE COMMUNITY. IF THE COURT FINDS THAT THE
 DEFENDANT POSES A RISK OF FLIGHT OR A RISK OF FAILURE TO APPEAR BUT DOES
 NOT POSE A RISK OF ENDANGERING THE SAFETY OF ANY  OTHER  PERSON  OR  THE
 COMMUNITY,  THE  COURT SHALL RELEASE THE DEFENDANT SUBJECT TO THE LOWEST
 REASONABLE BAIL AND/OR THE LEAST RESTRICTIVE FURTHER CONDITION OR COMBI-
 NATION OF CONDITIONS THAT WILL REASONABLY ENSURE THE APPEARANCE  OF  THE
 DEFENDANT  CONSIDERING  THE  NATURE  AND  CIRCUMSTANCES  OF  THE CHARGED
 OFFENSE, THE WEIGHT OF THE EVIDENCE, THE HISTORY AND CHARACTERISTICS  OF
 THE DEFENDANT, AND THE NATURE AND SERIOUSNESS OF THE DANGER POSED BY THE
 DEFENDANT'S RELEASE. IF THE COURT DETERMINES THAT NO CONDITION OR COMBI-
 NATION  OF  CONDITIONS  WILL  REASONABLY  ASSURE  THE  APPEARANCE OF THE
 DEFENDANT AND THE SAFETY OF ANY OTHER PERSON OF THE COMMUNITY, THE COURT
 SHALL ORDER DETENTION WITHOUT BAIL.
   4. IF THE DEFENDANT IS ARRESTED DURING THE INTERIM PERIOD WHILE AWAIT-
 ING A PRELIMINARY HEARING OR TRIAL, THE COURT SHALL REVOKE OR  OTHERWISE
 TERMINATE  THE  PREVIOUS ORDER AND ISSUE A NEW ORDER TAKING INTO ACCOUNT
 THE SUBSEQUENT ARREST.
 S. 7337                            18
 
   5. (A) ALL ORDERS ISSUED UNDER THIS SECTION  WHERE  THE  DEFENDANT  IS
 INCARCERATED SOLELY BECAUSE OF SAID ORDER SHALL BE REVIEWED AND RE-EVAL-
 UATED BY THE COURT NO LATER THAN:
   (I)  EVERY  FOUR  WEEKS  THEREAFTER WHERE A CLASS A MISDEMEANOR IS THE
 HIGHEST GRADE OFFENSE;
   (II) EVERY SIX WEEKS THEREAFTER WHERE A CLASS E FELONY IS THE  HIGHEST
 GRADE OFFENSE;
   (III) EVERY EIGHT WEEKS THEREAFTER WHERE A CLASS D FELONY IS THE HIGH-
 EST GRADE OFFENSE;
   (IV)  EVERY TEN WEEKS THEREAFTER WHERE A CLASS C FELONY IS THE HIGHEST
 GRADE OFFENSE; OR
   (V) EVERY TWELVE WEEKS THEREAFTER WHERE A CLASS B FELONY IS THE  HIGH-
 EST GRADE OFFENSE.
   (B)  UPON  SUCH  REVIEW  OR  RE-EVALUATION, THE COURT SHALL RECONSIDER
 WHETHER THE DEFENDANT SHOULD BE RELEASED  ON  PERSONAL  RECOGNIZANCE  OR
 UPON  POSTING REDUCED BAIL IN THE INTERESTS OF JUSTICE AFTER CONSIDERING
 THE LENGTH OF TIME THE DEFENDANT  HAS  ALREADY  BEEN  INCARCERATED,  THE
 LIKELY SENTENCE THAT WOULD BE IMPOSED IF THE DEFENDANT WERE FOUND GUILTY
 OR  PLED  GUILTY TO THE CHARGED OFFENSE, THE NATURE AND CIRCUMSTANCES OF
 THE CHARGED OFFENSE, THE WEIGHT OF THE EVIDENCE, THE HISTORY AND CHARAC-
 TERISTICS OF THE DEFENDANT, THE NATURE AND  SERIOUSNESS  OF  THE  DANGER
 POSED  BY  THE  DEFENDANT'S RELEASE, AND WHETHER THE PRINCIPAL SHOULD BE
 RELEASED SUBJECT TO A FURTHER CONDITION, OR COMBINATION  OF  CONDITIONS,
 THAT  REASONABLY  JUSTIFIES  THE  RELEASE  OF  THE DEFENDANT ON PERSONAL
 RECOGNIZANCE OR REDUCED BAIL, AND SUCH OTHER FACTORS IN THE INTERESTS OF
 JUSTICE AS REASONABLY DETERMINED BY THE COURT BASED ON AN INDIVIDUALIZED
 DETERMINATION AS TO WHETHER  AND  TO  WHAT  EXTENT  THAT  THE  DEFENDANT
 CONTINUES  TO  POSE  A RISK OF FLIGHT TO AVOID PROSECUTION, CONTINUES TO
 POSE A RISK OF FAILING TO APPEAR  IN  COURT  BASED  ON  THE  DEFENDANT'S
 RECORD  OF  A  PRIOR  CRIMINAL  CONVICTION OR FAILURE TO APPEAR IN PRIOR
 COURT PROCEEDINGS, OR CONTINUES TO POSE A RISK OF ENDANGERING THE SAFETY
 OF ANY OTHER PERSON OR THE COMMUNITY. IF THE COURT  DETERMINES  THAT  NO
 CONDITION  OR  COMBINATION  OF  CONDITIONS  WILL  REASONABLY  ENSURE THE
 APPEARANCE OF THE DEFENDANT AND THE SAFETY OF ANY OTHER  PERSON  OF  THE
 COMMUNITY, THE COURT SHALL CONTINUE TO DETAIN THE DEFENDANT WITHOUT BAIL
 OR WITHOUT A REDUCTION IN THE AMOUNT OF THE BAIL.
   §  23.  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 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
 S. 7337                            19

   (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.
   §  24.  Section 530.40 of the criminal procedure law is REPEALED and a
 new section 530.40 is added to read as follows:
 § 530.40 ORDER OF RECOGNIZANCE OR BAIL; BY SUPERIOR COURT WHEN ACTION IS
            PENDING THEREIN.
   WHEN A CRIMINAL ACTION IS PENDING IN A  SUPERIOR  COURT,  SUCH  COURT,
 UPON  APPLICATION OF A DEFENDANT, MUST OR MAY ORDER RECOGNIZANCE OR BAIL
 AS FOLLOWS:
   1. WHEN THE DEFENDANT IS CHARGED WITH AN OFFENSE OR OFFENSES  OF  LESS
 THAN FELONY GRADE ONLY, THE COURT MUST ORDER RECOGNIZANCE OR BAIL.
   2.  WHEN THE DEFENDANT IS CHARGED WITH A FELONY, THE COURT MAY, IN ITS
 DISCRETION, ORDER RECOGNIZANCE OR BAIL. IN ANY SUCH  CASE  IN  WHICH  AN
 INDICTMENT  (A)  HAS  RESULTED  FROM  AN ORDER OF A LOCAL CRIMINAL COURT
 HOLDING THE DEFENDANT FOR THE ACTION OF THE GRAND JURY, OR (B) WAS FILED
 AT A TIME WHEN A FELONY COMPLAINT CHARGING THE SAME CONDUCT WAS  PENDING
 IN  A  LOCAL CRIMINAL COURT, AND IN WHICH SUCH LOCAL CRIMINAL COURT OR A
 SUPERIOR COURT JUDGE HAS ISSUED AN ORDER OF RECOGNIZANCE OR  BAIL  WHICH
 IS  STILL  EFFECTIVE, THE SUPERIOR COURT'S ORDER MAY BE IN THE FORM OF A
 DIRECTION CONTINUING THE EFFECTIVENESS OF THE PREVIOUS ORDER.
   3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS  SECTION,
 A SUPERIOR COURT MAY NOT ORDER RECOGNIZANCE OR BAIL, OR PERMIT A DEFEND-
 ANT  TO  REMAIN  AT  LIBERTY  PURSUANT  TO  AN EXISTING ORDER, AFTER THE
 DEFENDANT HAS BEEN CONVICTED OF EITHER: (A) A CLASS A FELONY OR (B)  ANY
 CLASS  B  OR CLASS C FELONY 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.
 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.
   5. THE COURT SHALL MAKE AN INDIVIDUALIZED DETERMINATION IF:   (A)  THE
 DEFENDANT POSES A RISK OF FLIGHT TO AVOID PROSECUTION; (B) THE DEFENDANT
 POSES  A  RISK  OF  FAILING  TO APPEAR IN COURT BASED ON THE DEFENDANT'S
 S. 7337                            20
 
 RECORD OF A PRIOR CRIMINAL CONVICTION OR  FAILURE  TO  APPEAR  IN  PRIOR
 COURT  PROCEEDINGS; OR (C) THE DEFENDANT POSES A RISK OF ENDANGERING THE
 SAFETY OF ANY OTHER PERSON OR THE COMMUNITY. IF THE COURT FINDS THAT THE
 DEFENDANT POSES A RISK OF FLIGHT OR A RISK OF FAILURE TO APPEAR BUT DOES
 NOT  POSE  A  RISK  OF ENDANGERING THE SAFETY OF ANY OTHER PERSON OR THE
 COMMUNITY, THE COURT SHALL RELEASE THE DEFENDANT SUBJECT TO  THE  LOWEST
 REASONABLE BAIL AND/OR THE LEAST RESTRICTIVE FURTHER CONDITION OR COMBI-
 NATION  OF  CONDITIONS THAT WILL REASONABLY ENSURE THE APPEARANCE OF THE
 DEFENDANT CONSIDERING  THE  NATURE  AND  CIRCUMSTANCES  OF  THE  CHARGED
 OFFENSE,  THE WEIGHT OF THE EVIDENCE, THE HISTORY AND CHARACTERISTICS OF
 THE DEFENDANT, AND THE NATURE AND SERIOUSNESS OF THE DANGER POSED BY THE
 DEFENDANT'S RELEASE. IF THE COURT DETERMINES THAT NO CONDITION OR COMBI-
 NATION OF CONDITIONS  WILL  REASONABLY  ASSURE  THE  APPEARANCE  OF  THE
 DEFENDANT AND THE SAFETY OF ANY OTHER PERSON OF THE COMMUNITY, THE COURT
 SHALL ORDER DETENTION WITHOUT BAIL.
   6. IF THE DEFENDANT IS ARRESTED DURING THE INTERIM PERIOD WHILE AWAIT-
 ING  A PRELIMINARY HEARING OR TRIAL, THE COURT SHALL REVOKE OR OTHERWISE
 TERMINATE THE PREVIOUS ORDER AND ISSUE A NEW ORDER TAKING  INTO  ACCOUNT
 THE SUBSEQUENT ARREST.
   7.  (A)  ALL  ORDERS  ISSUED UNDER THIS SECTION WHERE THE DEFENDANT IS
 INCARCERATED SOLELY BECAUSE OF SAID ORDER SHALL BE REVIEWED AND RE-EVAL-
 UATED BY THE COURT NO LATER THAN:
   (I) EVERY FOUR WEEKS THEREAFTER WHERE A CLASS  A  MISDEMEANOR  IS  THE
 HIGHEST GRADE OFFENSE;
   (II)  EVERY SIX WEEKS THEREAFTER WHERE A CLASS E FELONY IS THE HIGHEST
 GRADE OFFENSE;
   (III) EVERY EIGHT WEEKS THEREAFTER WHERE A CLASS D FELONY IS THE HIGH-
 EST GRADE OFFENSE;
   (IV) EVERY TEN WEEKS THEREAFTER WHERE A CLASS C FELONY IS THE  HIGHEST
 GRADE OFFENSE; OR
   (V)  EVERY TWELVE WEEKS THEREAFTER WHERE A CLASS B FELONY IS THE HIGH-
 EST GRADE OFFENSE.
   (B) UPON SUCH REVIEW OR  RE-EVALUATION,  THE  COURT  SHALL  RECONSIDER
 WHETHER  THE  DEFENDANT  SHOULD  BE RELEASED ON PERSONAL RECOGNIZANCE OR
 UPON POSTING REDUCED BAIL IN THE INTERESTS OF JUSTICE AFTER  CONSIDERING
 THE  LENGTH  OF  TIME  THE  DEFENDANT HAS ALREADY BEEN INCARCERATED, THE
 LIKELY SENTENCE THAT WOULD BE IMPOSED IF THE DEFENDANT WERE FOUND GUILTY
 OR PLED GUILTY TO THE CHARGED OFFENSE, THE NATURE AND  CIRCUMSTANCES  OF
 THE CHARGED OFFENSE, THE WEIGHT OF THE EVIDENCE, THE HISTORY AND CHARAC-
 TERISTICS  OF  THE  DEFENDANT,  THE NATURE AND SERIOUSNESS OF THE DANGER
 POSED BY THE DEFENDANT'S RELEASE, AND WHETHER THE  PRINCIPAL  SHOULD  BE
 RELEASED  SUBJECT  TO A FURTHER CONDITION, OR COMBINATION OF CONDITIONS,
 THAT REASONABLY JUSTIFIES THE  RELEASE  OF  THE  DEFENDANT  ON  PERSONAL
 RECOGNIZANCE OR REDUCED BAIL, AND SUCH OTHER FACTORS IN THE INTERESTS OF
 JUSTICE AS REASONABLY DETERMINED BY THE COURT BASED ON AN INDIVIDUALIZED
 DETERMINATION  AS  TO  WHETHER  AND  TO  WHAT  EXTENT THAT THE DEFENDANT
 CONTINUES TO POSE A RISK OF FLIGHT TO AVOID  PROSECUTION,  CONTINUES  TO
 POSE  A  RISK  OF  FAILING  TO  APPEAR IN COURT BASED ON THE DEFENDANT'S
 RECORD OF A PRIOR CRIMINAL CONVICTION OR  FAILURE  TO  APPEAR  IN  PRIOR
 COURT PROCEEDINGS, OR CONTINUES TO POSE A RISK OF ENDANGERING THE SAFETY
 OF  ANY  OTHER  PERSON OR THE COMMUNITY. IF THE COURT DETERMINES THAT NO
 CONDITION OR  COMBINATION  OF  CONDITIONS  WILL  REASONABLY  ENSURE  THE
 APPEARANCE  OF  THE  DEFENDANT AND THE SAFETY OF ANY OTHER PERSON OF THE
 COMMUNITY, THE COURT SHALL CONTINUE TO DETAIN THE DEFENDANT WITHOUT BAIL
 OR WITHOUT A REDUCTION IN THE AMOUNT OF THE BAIL.
 S. 7337                            21
 
   § 25. 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 OR BAIL and the
 court revokes such order and then[, where authorized,] EITHER  fixes  no
 bail[,]  OR  fixes bail in a greater amount or in a more burdensome form
 than was previously fixed[, or, in conjunction with  the  imposition  of
 non-monetary  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 authorized,] fix bail[, which may be in conjunc-
 tion 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 restric-
 tive  securing  order,]  than fixed by the court in which the conviction
 was entered.
   § 26. Subdivision 2-a of section 530.45 of the criminal procedure  law
 is REPEALED.
   §  27.  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 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
 dismissing one or more counts of an accusatory instrument for failure to
 S. 7337                            22
 
 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
 determination  of  an  appeal,  the  defendant may apply for an order of
 recognizance or release on non-monetary conditions, where authorized, OR
 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.
   § 28. 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), the closing paragraph of subparagraph (i) of
 paragraph (d) 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 may, and  [except  as
 provided in subdivision two of section 510.50 of this title concerning a
 failure  to  appear  in court,] by a bench warrant if necessary, require
 the defendant to appear before the  court.  Upon  such  appearance,  the
 court,  for  good  cause  shown,  may revoke the order of recognizance[,
 release under non-monetary conditions,] or bail.  If  the  defendant  is
 entitled  to  recognizance[,  release under non-monetary conditions,] or
 bail as a matter of right, the court must issue another such  order.  If
 the defendant is not, the court may either issue such an order or commit
 the  defendant  to  the  custody  of the sheriff in accordance with this
 section.
   Where the defendant is committed to the custody of the sheriff and  is
 held  on  a felony complaint, a new period as provided in section 180.80
 of this chapter shall commence to run from the time of  the  defendant's
 commitment under this subdivision.
   2.  (a)  Whenever  in  the course of a criminal action or proceeding a
 defendant charged with the commission of a felony is  at  liberty  as  a
 result  of  an order of recognizance, [release under non-monetary condi-
 tions] or bail issued pursuant to this article it shall be  grounds  for
 revoking such order that the court finds reasonable cause to believe the
 defendant  committed  one  or  more  specified class A or violent felony
 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
 S. 7337                            23

 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]
 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)] For a period not to exceed ninety days exclusive of  any  periods
 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
 S. 7337                            24

 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
 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.
   § 29. 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] SUCH POLICE  OFFICER  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]  SUCH  DEFEND-
 ANT'S  participation  in  medically prescribed drug treatments under the
 S. 7337                            25
 
 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 chapter relating to [issuance of securing orders]
 REVOCATION OF RECOGNIZANCE OR BAIL shall apply to such proceedings under
 this subdivision.
   §  30.  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.
   § 31. Subdivision 3 of section 620.50 of the criminal  procedure  law,
 as  amended by section 24 of part JJJ of chapter 59 of the laws of 2019,
 is amended to read as follows:
   3. A material witness order must be executed as follows:
   (a) If the bail is posted and approved by the court, the witness must,
 as provided in subdivision [two] THREE of section 510.40 of  this  part,
 be  released and be permitted to remain at liberty; provided that, where
 the bail is  posted  by  a  person  other  than  the  witness  [himself]
 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.
   § 32. Subdivision 5 of section 216 of the judiciary law is REPEALED.
   § 33. Section 837-u of the executive law is REPEALED.
   § 34. This act shall take effect immediately.
 
                                  PART C
 
   Section 1. Paragraph (c) of subdivision 1 of  section  245.20  of  the
 criminal  procedure  law, as amended by section 2 of part HHH of chapter
 56 of the laws of 2020, is amended to read as follows:
   (c) The names and adequate contact information for all  persons  other
 than  law  enforcement  personnel  whom  the  prosecutor  knows  to have
 evidence or information relevant to any offense charged or to any poten-
 tial defense thereto WHO HAVE GIVEN AFFIRMATIVE CONSENT FOR SUCH DISCLO-
 SURE OF THEIR CONTACT INFORMATION OR HAVE BEEN DENIED A PROTECTIVE ORDER
 PURSUANT TO SECTION 245.70 OF THIS ARTICLE, including a  designation  by
 the  prosecutor as to which of those persons may be called as witnesses.
 S. 7337                            26
 
 AFFIRMATIVE CONSENT TO DISCLOSE CONTACT INFORMATION SHALL  BE  REQUESTED
 BY LAW ENFORCEMENT PERSONNEL CONDUCTING THE INITIAL INTERVIEW OF PERSONS
 WHO  HAVE  EVIDENCE OR INFORMATION RELEVANT TO ANY OFFENSE CHARGED OR TO
 ANY POTENTIAL DEFENSE THERETO. A PERSON WHO DOES NOT PROVIDE AFFIRMATIVE
 CONSENT  FOR  DISCLOSURE OF THEIR CONTACT INFORMATION SHALL PROVIDE GOOD
 CAUSE FOR SUCH DENIAL, AND THE PROSECUTION SHALL MAKE  A  MOTION  FOR  A
 PROTECTIVE  ORDER  PURSUANT  TO  SECTION  245.70  OF THIS ARTICLE ON THE
 BEHALF OF SUCH PERSON. Nothing  in  this  paragraph  shall  require  the
 disclosure  of  physical addresses; provided, however, upon a motion and
 good cause shown the court may  direct  the  disclosure  of  a  physical
 address.  Information under this subdivision relating to the identity of
 a 911 caller, the victim or witness of an offense defined under  article
 one  hundred  thirty or section 230.34 or 230.34-a of the penal law, any
 other victim or witness of a crime where the defendant has substantiated
 affiliation with a criminal enterprise as defined in  subdivision  three
 of  section  460.10 of the penal law, or a confidential informant may be
 withheld, and redacted from discovery  materials,  without  need  for  a
 motion  pursuant  to section 245.70 of this article; but the prosecution
 shall notify the defendant in writing that such information has not been
 disclosed, unless the court rules otherwise for good cause shown.
   § 2. This act shall take effect immediately.
 
                                  PART D
 
   Section 1.  Subdivisions 1 and 10 of section 400.27  of  the  criminal
 procedure law, as added by chapter 1 of the laws of 1995, are amended to
 read as follows:
   1.  Upon  [the] conviction of a defendant for the offense of murder in
 the first degree as defined by SUBPARAGRAPH (I), (II), (II-A)  OR  (III)
 OF  PARAGRAPH (A) OF SUBDIVISION ONE OF section 125.27 of the penal law,
 the court shall promptly conduct a  separate  sentencing  proceeding  to
 determine  whether  the defendant shall be sentenced to death or to life
 imprisonment without parole pursuant  to  subdivision  five  of  section
 70.00  of  the  penal  law.  Nothing  in this section shall be deemed to
 preclude the people at any time from determining that the death  penalty
 shall  not  be  sought  in a particular case, in which case the separate
 sentencing proceeding shall not be conducted and the court may  sentence
 such  defendant  to life imprisonment without parole or to a sentence of
 imprisonment for the class A-I felony of  murder  in  the  first  degree
 other than a sentence of life imprisonment without parole.
   10.  (A)  At  the  conclusion  of all the evidence, the people and the
 defendant may present argument in summation for or against the  sentence
 sought by the people. The people may deliver the first summation and the
 defendant  may  then  deliver  the last summation. Thereafter, the court
 shall deliver a charge to the jury on any  matters  appropriate  in  the
 circumstances. In its charge, the court must instruct the jury that with
 respect  to  each  count  of  murder  in the first degree, AS DEFINED IN
 SUBPARAGRAPH (I), (II), (II-A) OR (III) OF PARAGRAPH (A) OF  SUBDIVISION
 ONE OF SECTION 125.27 OF THE PENAL LAW, the jury should consider whether
 or  not  a  sentence  of  death  should  be imposed and whether or not a
 sentence of life imprisonment without parole should be imposed[, and].
   (B) THE COURT MUST INSTRUCT THE JURY that the jury must  be  unanimous
 with  respect  to either sentence. The court must also instruct the jury
 that in the event the jury  fails  to  reach  unanimous  agreement  with
 respect to the sentence, the court will sentence the defendant to a term
 S. 7337                            27
 
 of  imprisonment  with  a minimum term of between twenty and twenty-five
 years and a maximum term of life.
   (C)  Following  the  court's charge, the jury shall retire to consider
 the sentence to be imposed. Unless inconsistent with the  provisions  of
 this  section,  the  provisions of sections 310.10, 310.20 and 310.30 OF
 THIS PART shall govern the deliberations of the jury.
   § 2. This act  shall  take  effect  immediately  and  shall  apply  to
 offenses committed on or after such effective date.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent  jurisdiction to be invalid, such judgment  shall  not affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph, subdivision,   section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Parts A through D of this act shall be
 as specifically set forth in the last section of such Parts.

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Senate Bill S7337

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Sponsored By

Joseph A. Griffo

Current Bill Status - In Senate Committee Codes Committee

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