New York Senate Bill S05017 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 5017 2023-2024 Regular Sessions  IN SENATE February 21, 2023 ___________ Introduced by Sens. TEDISCO, BORRELLO, GRIFFO, HELMING, MATTERA, OBER- ACKER, O'MARA, ORTT, PALUMBO, STEC, WEIK -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to providing judges more discretion regarding securing orders and limiting the lengths of certain orders; to repeal certain provisions of the crimi- nal procedure law relating thereto; to amend the criminal procedure law and the penal law, in relation to establishing new criminal discovery rules; to repeal article 245 of the criminal procedure law relating thereto; and to repeal certain provisions of the judiciary law and the executive law relating to securing orders and criminal discovery The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 150.10 of the criminal procedure 2 law is REPEALED. 3 § 2. Subdivision 1 of section 150.20 of the criminal procedure law, as 4 amended by section 1-a of part JJJ of chapter 59 of the laws of 2019, 5 subparagraph (viii) as amended and subparagraphs (ix), (x) and (xi) of 6 paragraph (b) as added by section 1 of subpart B of part UU of chapter 7 56 of the laws of 2022, is amended to read as follows: 8 1. [(a)] Whenever a police officer is authorized pursuant to section 9 140.10 of this title to arrest a person without a warrant for an offense 10 other than a class A, B, C or D felony or a violation of section 130.25, 11 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, he [shall, 12 except as set out in paragraph (b) of this subdivision] or she may, 13 subject to the provisions of subdivisions three and four of section 14 150.40 of this [title] article, instead issue to and serve upon such 15 person an appearance ticket. 16 [(b) An officer is not required to issue an appearance ticket if:  EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09723-01-3 
 S. 5017 2  1 (i) the person has one or more outstanding local criminal court or 2 superior court warrants; 3 (ii) the person has failed to appear in court proceedings in the last 4 two years; 5 (iii) the person has been given a reasonable opportunity to make their 6 verifiable identity and a method of contact known, and has been unable 7 or unwilling to do so, so that a custodial arrest is necessary to 8 subject the individual to the jurisdiction of the court. For the 9 purposes of this section, an officer may rely on various factors to 10 determine a person's identity, including but not limited to personal 11 knowledge of such person, such person's self-identification, or photo- 12 graphic identification. There is no requirement that a person present 13 photographic identification in order to be issued an appearance ticket 14 in lieu of arrest where the person's identity is otherwise verifiable; 15 however, if offered by such person, an officer shall accept as evidence 16 of identity the following: a valid driver's license or non-driver iden- 17 tification card issued by the commissioner of motor vehicles, the feder- 18 al government, any United States territory, commonwealth or possession, 19 the District of Columbia, a state government or municipal government 20 within the United States or a provincial government of the dominion of 21 Canada; a valid passport issued by the United States government or any 22 other country; an identification card issued by the armed forces of the 23 United States; a public benefit card, as defined in paragraph (a) of 24 subdivision one of section 158.00 of the penal law; 25 (iv) the person is charged with a crime between members of the same 26 family or household, as defined in subdivision one of section 530.11 of 27 this chapter; 28 (v) the person is charged with a crime defined in article 130 of the 29 penal law; 30 (vi) it reasonably appears the person should be brought before the 31 court for consideration of issuance of an order of protection, pursuant 32 to section 530.13 of this chapter, based on the facts of the crime or 33 offense that the officer has reasonable cause to believe occurred; 34 (vii) the person is charged with a crime for which the court may 35 suspend or revoke his or her driver license; 36 (viii) it reasonably appears to the officer, based on the observed 37 behavior of the individual in the present contact with the officer and 38 facts regarding the person's condition that indicates a sign of distress 39 to such a degree that the person would face harm without immediate 40 medical or mental health care, that bringing the person before the court 41 would be in such person's interest in addressing that need; provided, 42 however, that before making the arrest, the officer shall make all 43 reasonable efforts to assist the person in securing appropriate 44 services; 45 (ix) the person is eighteen years of age or older and charged with 46 criminal possession of a weapon on school grounds as defined in section 47 265.01-a of the penal law; 48 (x) the person is eighteen years of age or older and charged with a 49 hate crime as defined in section 485.05 of the penal law; or 50 (xi) the offense is a qualifying offense pursuant to paragraph (t) of 51 subdivision four of section 510.10 of this chapter, or pursuant to para- 52 graph (t) of subdivision four of section 530.40 of this chapter.] 53 § 3. The criminal procedure law is amended by adding a new section 54 150.30 to read as follows: 55 § 150.30 Appearance ticket; issuance and service thereof after arrest 56 upon posting of pre-arraignment bail. 
 S. 5017 3 1 1. Issuance and service of an appearance ticket by a police officer 2 following an arrest without a warrant, as prescribed in subdivision two 3 of section 150.20 of this article, may be made conditional upon the 4 posting of a sum of money, known as pre-arraignment bail. In such case, 5 the bail becomes forfeit upon failure of such person to comply with the 6 directions of the appearance ticket. The person posting such bail must 7 complete and sign a form which states (a) the name, residential address 8 and occupation of each person posting cash bail; and (b) the title of 9 the criminal action or proceeding involved; and (c) the offense or 10 offenses which are the subjects of the action or proceeding involved, 11 and the status of such action or proceeding; and (d) the name of the 12 principal and the nature of his or her involvement in or connection with 13 such action or proceeding; and (e) the date of the principal's next 14 appearance in court; and (f) an acknowledgement that the cash bail will 15 be forfeited if the principal does not comply with the directions of the 16 appearance ticket; and (g) the amount of money posted as cash bail. Such 17 pre-arraignment bail may be posted as provided in subdivision two or 18 three of this section. 19 2. A desk officer in charge at a police station, county jail, or 20 police headquarters, or any of his or her superior officers, may in such 21 place, fix pre-arraignment bail, in an amount prescribed in this subdi- 22 vision, and upon the posting thereof must issue and serve an appearance 23 ticket upon the arrested person, give a receipt for the bail, and 24 release such person from custody. Such pre-arraignment bail may be fixed 25 in the following amounts: 26 (a) If the arrest was for a class E felony, any amount not exceeding 27 seven hundred fifty dollars. 28 (b) If the arrest was for a class A misdemeanor, any amount not 29 exceeding five hundred dollars. 30 (c) If the arrest was for a class B misdemeanor or an unclassified 31 misdemeanor, any amount not exceeding two hundred fifty dollars. 32 (d) If the arrest was for a petty offense, any amount not exceeding 33 one hundred dollars. 34 3. A police officer, who has arrested a person without a warrant 35 pursuant to subdivision two of section 150.20 of this article for a 36 traffic infraction, may, where he or she reasonably believes that such 37 arrested person is not licensed to operate a motor vehicle by this state 38 or any state covered by a reciprocal compact guaranteeing appearance as 39 is provided in section five hundred seventeen of the vehicle and traffic 40 law, fix pre-arraignment bail in the amount of fifty dollars; provided, 41 however, such bail shall be posted by means of a credit card or similar 42 device. Upon the posting thereof, said officer must issue and serve an 43 appearance ticket upon the arrested person, give a receipt for the bail, 44 and release such person from custody. 45 4. The chief administrator of the courts shall establish a system for 46 the posting of pre-arraignment bail by means of credit card or similar 47 device, as is provided by section two hundred twelve of the judiciary 48 law. The head of each police department or police force and of any state 49 department, agency, board, commission or public authority having police 50 officers who fix pre-arraignment bail as provided herein may elect to 51 use the system established by the chief administrator or may establish 52 such other system for the posting of pre-arraignment bail by means of 53 credit card or similar device as he or she may deem appropriate. 54 § 4. Subdivision 1 of section 150.40 of the criminal procedure law, as 55 amended by section 8 of part UU of chapter 56 of the laws of 2020, is 56 amended to read as follows: 
 S. 5017 4 1 1. An appearance ticket must be made returnable [at a date as soon as 2 possible, but in no event later than twenty days from the date of issu- 3 ance; or at the next scheduled session of the appropriate local criminal 4 court if such session is scheduled to occur more than twenty days from 5 the date of issuance; or at a later date, with the court's permission 6 due to enrollment in a pre-arraignment diversion program. The appearance 7 ticket shall be made returnable] in a local criminal court designated in 8 section 100.55 of this title as one with which an information for the 9 offense in question may be filed. 10 § 5. Section 150.80 of the criminal procedure law is REPEALED. 11 § 6. Subdivisions 3-a, 3-b, 21 and 22 of section 500.10 of the crimi- 12 nal procedure law are REPEALED. 13 § 7. Subdivisions 5, 6, 7 and 9 of section 500.10 of the criminal 14 procedure law, as amended by section 1-e of part JJJ of chapter 59 of 15 the laws of 2019, are amended to read as follows: 16 5. "Securing order" means an order of a court committing a principal 17 to the custody of the sheriff or fixing bail, [where authorized,] or 18 releasing the principal on the principal's own recognizance [or releas- 19 ing the principal under non-monetary conditions]. 20 6. "Order of recognizance or bail" means a securing order releasing a 21 principal on the principal's own recognizance or [under non-monetary 22 conditions or, where authorized,] fixing bail. 23 7. "Application for recognizance or bail" means an application by a 24 principal that the court, instead of committing the principal to or 25 retaining the principal in the custody of the sheriff, either release 26 the principal on the principal's own recognizance[, release under non- 27 monetary conditions, or, where authorized,] or fix bail. 28 9. "Bail" means cash bail[,] or a bail bond [or money paid with a 29 credit card]. 30 § 8. Section 510.10 of the criminal procedure law, as amended by 31 section 2 of part JJJ of chapter 59 of the laws of 2019, subdivision 1 32 as amended by section 1 of subpart C of part UU of chapter 56 of the 33 laws of 2022, subdivision 4 as amended by section 2 of part UU of chap- 34 ter 56 of the laws of 2020, and paragraphs (s) and (t) as amended and 35 paragraph (u) of subdivision 4 as added by section 2 of subpart B of 36 part UU of chapter 56 of the laws of 2022, is amended to read as 37 follows: 38 § 510.10 Securing order; when required; alternatives available[; stand- 39 ard to be applied]. 40 [1.] When a principal, whose future court attendance at a criminal 41 action or proceeding is or may be required, initially comes under the 42 control of a court, such court shall, [in accordance with this title,] 43 by a securing order either release the principal on the principal's own 44 recognizance, [release the principal under non-monetary conditions,] or, 45 where authorized, fix bail or commit the principal to the custody of the 46 sheriff. [In all such cases, except where another type of securing order 47 is shown to be required by law, the court shall release the principal 48 pending trial on the principal's own recognizance, unless it is demon- 49 strated and the court makes an individualized determination that the 50 principal poses a risk of flight to avoid prosecution. If such a finding 51 is made, the court must select the least restrictive alternative and 52 condition or conditions that will reasonably assure the principal's 53 return to court. The court shall explain its choice of release, release 54 with conditions, bail or remand on the record or in writing. In making 55 its determination, the court must consider and take into account avail- 56 able information about the principal, including: 
 S. 5017 5  1 (a) The principal's activities and history; 2 (b) If the principal is a defendant, the charges facing the principal; 3 (c) The principal's criminal conviction record if any; 4 (d) The principal's record of previous adjudication as a juvenile 5 delinquent, as retained pursuant to section 354.1 of the family court 6 act, or, of pending cases where fingerprints are retained pursuant to 7 section 306.1 of such act, or a youthful offender, if any; 8 (e) The principal's previous record with respect to flight to avoid 9 criminal prosecution; 10 (f) If monetary bail is authorized, according to the restrictions set 11 forth in this title, the principal's individual financial circumstances, 12 and, in cases where bail is authorized, the principal's ability to post 13 bail without posing undue hardship, as well as his or her ability to 14 obtain a secured, unsecured, or partially secured bond; 15 (g) Any violation by the principal of an order of protection issued by 16 any court; 17 (h) The principal's history of use or possession of a firearm; 18 (i) Whether the charge is alleged to have caused serious harm to an 19 individual or group of individuals; and 20 (j) If the principal is a defendant, in the case of an application for 21 a securing order pending appeal, the merit or lack of merit of the 22 appeal. 23 2. A principal is entitled to representation by counsel under this 24 chapter in preparing an application for release, when a securing order 25 is being considered and when a securing order is being reviewed for 26 modification, revocation or termination. If the principal is financially 27 unable to obtain counsel, counsel shall be assigned to the principal. 28 3. In cases other than as described in subdivision four of this 29 section the court shall release the principal pending trial on the prin- 30 cipal's own recognizance, unless the court finds on the record or in 31 writing that release on the principal's own recognizance will not 32 reasonably assure the principal's return to court. In such instances, 33 the court shall release the principal under non-monetary conditions, 34 selecting the least restrictive alternative and conditions that will 35 reasonably assure the principal's return to court. The court shall 36 explain its choice of alternative and conditions on the record or in 37 writing. 38 4. Where the principal stands charged with a qualifying offense, the 39 court, unless otherwise prohibited by law, may in its discretion release 40 the principal pending trial on the principal's own recognizance or under 41 non-monetary conditions, fix bail, or, where the defendant is charged 42 with a qualifying offense which is a felony, the court may commit the 43 principal to the custody of the sheriff. A principal stands charged with 44 a qualifying offense for the purposes of this subdivision when he or she 45 stands charged with: 46 (a) a felony enumerated in section 70.02 of the penal law, other than 47 robbery in the second degree as defined in subdivision one of section 48 160.10 of the penal law, provided, however, that burglary in the second 49 degree as defined in subdivision two of section 140.25 of the penal law 50 shall be a qualifying offense only where the defendant is charged with 51 entering the living area of the dwelling; 52 (b) a crime involving witness intimidation under section 215.15 of the 53 penal law; 54 (c) a crime involving witness tampering under section 215.11, 215.12 55 or 215.13 of the penal law; 
 S. 5017 6  1 (d) a class A felony defined in the penal law, provided that for class 2 A felonies under article two hundred twenty of the penal law, only class 3 A-I felonies shall be a qualifying offense; 4 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of 5 the penal law, or a felony sex offense defined in section 70.80 of the 6 penal law, or a crime involving incest as defined in section 255.25, 7 255.26 or 255.27 of such law, or a misdemeanor defined in article one 8 hundred thirty of such law; 9 (f) conspiracy in the second degree as defined in section 105.15 of 10 the penal law, where the underlying allegation of such charge is that 11 the defendant conspired to commit a class A felony defined in article 12 one hundred twenty-five of the penal law; 13 (g) money laundering in support of terrorism in the first degree as 14 defined in section 470.24 of the penal law; money laundering in support 15 of terrorism in the second degree as defined in section 470.23 of the 16 penal law; money laundering in support of terrorism in the third degree 17 as defined in section 470.22 of the penal law; money laundering in 18 support of terrorism in the fourth degree as defined in section 470.21 19 of the penal law; or a felony crime of terrorism as defined in article 20 four hundred ninety of the penal law, other than the crime defined in 21 section 490.20 of such law; 22 (h) criminal contempt in the second degree as defined in subdivision 23 three of section 215.50 of the penal law, criminal contempt in the first 24 degree as defined in subdivision (b), (c) or (d) of section 215.51 of 25 the penal law or aggravated criminal contempt as defined in section 26 215.52 of the penal law, and the underlying allegation of such charge of 27 criminal contempt in the second degree, criminal contempt in the first 28 degree or aggravated criminal contempt is that the defendant violated a 29 duly served order of protection where the protected party is a member of 30 the defendant's same family or household as defined in subdivision one 31 of section 530.11 of this title; 32 (i) facilitating a sexual performance by a child with a controlled 33 substance or alcohol as defined in section 263.30 of the penal law, use 34 of a child in a sexual performance as defined in section 263.05 of the 35 penal law or luring a child as defined in subdivision one of section 36 120.70 of the penal law, promoting an obscene sexual performance by a 37 child as defined in section 263.10 of the penal law or promoting a sexu- 38 al performance by a child as defined in section 263.15 of the penal law; 39 (j) any crime that is alleged to have caused the death of another 40 person; 41 (k) criminal obstruction of breathing or blood circulation as defined 42 in section 121.11 of the penal law, strangulation in the second degree 43 as defined in section 121.12 of the penal law or unlawful imprisonment 44 in the first degree as defined in section 135.10 of the penal law, and 45 is alleged to have committed the offense against a member of the defend- 46 ant's same family or household as defined in subdivision one of section 47 530.11 of this title; 48 (l) aggravated vehicular assault as defined in section 120.04-a of the 49 penal law or vehicular assault in the first degree as defined in section 50 120.04 of the penal law; 51 (m) assault in the third degree as defined in section 120.00 of the 52 penal law or arson in the third degree as defined in section 150.10 of 53 the penal law, when such crime is charged as a hate crime as defined in 54 section 485.05 of the penal law; 55 (n) aggravated assault upon a person less than eleven years old as 56 defined in section 120.12 of the penal law or criminal possession of a 
 S. 5017 7  1 weapon on school grounds as defined in section 265.01-a of the penal 2 law; 3 (o) grand larceny in the first degree as defined in section 155.42 of 4 the penal law, enterprise corruption as defined in section 460.20 of the 5 penal law, or money laundering in the first degree as defined in section 6 470.20 of the penal law; 7 (p) failure to register as a sex offender pursuant to section one 8 hundred sixty-eight-t of the correction law or endangering the welfare 9 of a child as defined in subdivision one of section 260.10 of the penal 10 law, where the defendant is required to maintain registration under 11 article six-C of the correction law and designated a level three offen- 12 der pursuant to subdivision six of section one hundred sixty-eight-l of 13 the correction law; 14 (q) a crime involving bail jumping under section 215.55, 215.56 or 15 215.57 of the penal law, or a crime involving escaping from custody 16 under section 205.05, 205.10 or 205.15 of the penal law; 17 (r) any felony offense committed by the principal while serving a 18 sentence of probation or while released to post release supervision; 19 (s) a felony, where the defendant qualifies for sentencing on such 20 charge as a persistent felony offender pursuant to section 70.10 of the 21 penal law; 22 (t) any felony or class A misdemeanor involving harm to an identifi- 23 able person or property, or any charge of criminal possession of a 24 firearm as defined in section 265.01-b of the penal law, where such 25 charge arose from conduct occurring while the defendant was released on 26 his or her own recognizance, released under conditions, or had yet to be 27 arraigned after the issuance of a desk appearance ticket for a separate 28 felony or class A misdemeanor involving harm to an identifiable person 29 or property, or any charge of criminal possession of a firearm as 30 defined in section 265.01-b of the penal law, provided, however, that 31 the prosecutor must show reasonable cause to believe that the defendant 32 committed the instant crime and any underlying crime. For the purposes 33 of this subparagraph, any of the underlying crimes need not be a quali- 34 fying offense as defined in this subdivision. For the purposes of this 35 paragraph, "harm to an identifiable person or property" shall include 36 but not be limited to theft of or damage to property. However, based 37 upon a review of the facts alleged in the accusatory instrument, if the 38 court determines that such theft is negligible and does not appear to be 39 in furtherance of other criminal activity, the principal shall be 40 released on his or her own recognizance or under appropriate non-mone- 41 tary conditions; or 42 (u) criminal possession of a weapon in the third degree as defined in 43 subdivision three of section 265.02 of the penal law or criminal sale of 44 a firearm to a minor as defined in section 265.16 of the penal law. 45 5. Notwithstanding the provisions of subdivisions three and four of 46 this section, with respect to any charge for which bail or remand is not 47 ordered, and for which the court would not or could not otherwise 48 require bail or remand, a defendant may, at any time, request that the 49 court set bail in a nominal amount requested by the defendant in the 50 form specified in paragraph (a) of subdivision one of section 520.10 of 51 this title; if the court is satisfied that the request is voluntary, the 52 court shall set such bail in such amount. 53 6.] When a securing order is revoked or otherwise terminated in the 54 course of an uncompleted action or proceeding but the principal's future 55 court attendance still is or may be required and the principal is still 56 under the control of a court, a new securing order must be issued. When 
 S. 5017 8 1 the court revokes or otherwise terminates a securing order which commit- 2 ted the principal to the custody of the sheriff, the court shall give 3 written notification to the sheriff of such revocation or termination of 4 the securing order. 5 § 9. Section 510.20 of the criminal procedure law, as amended by 6 section 3 of part JJJ of chapter 59 of the laws of 2019, is amended to 7 read as follows: 8 § 510.20 Application for [a change in securing order] recognizance or 9 bail; making and determination thereof in general. 10 1. Upon any occasion when a court [has issued] is required to issue a 11 securing order with respect to a principal [and the], or at any time 12 when a principal is confined in the custody of the sheriff as a result 13 of the securing order or a previously issued securing order, the princi- 14 pal may make an application for recognizance[, release under non-mone- 15 tary conditions] or bail. 16 2. [(a) The principal is entitled to representation by counsel in the 17 making and presentation of such application. If the principal is finan- 18 cially unable to obtain counsel, counsel shall be assigned to the prin- 19 cipal. 20 (b)] Upon such application, the principal must be accorded an opportu- 21 nity to be heard[, present evidence] and to contend that an order of 22 recognizance[, release under non-monetary conditions] or[, where author- 23 ized,] bail must or should issue, that the court should release the 24 principal on the principal's own recognizance [or under non-monetary 25 conditions] rather than fix bail, and that if bail is [authorized and] 26 fixed it should be in a suggested amount and form. 27 § 10. Section 510.30 of the criminal procedure law, as amended by 28 section 5 of part JJJ of chapter 59 of the laws of 2019, and subdivision 29 1 as amended by section 2 of subpart C of part UU of chapter 56 of the 30 laws of 2022, is amended to read as follows: 31 § 510.30 Application for [securing order] recognizance or bail; rules of 32 law and criteria controlling determination. 33 1. Determinations of applications for recognizance or bail are not in 34 all cases discretionary but are subject to rules, prescribed in article 35 five hundred thirty of this title and other provisions of law relating 36 to specific kinds of criminal actions and proceedings, providing (a) 37 that in some circumstances such an application must as a matter of law 38 be granted, (b) that in others it must as a matter of law be denied and 39 the principal committed to or retained in the custody of the sheriff, 40 and (c) that in others the granting or denial thereof is a matter of 41 judicial discretion. 42 2. To the extent that the issuance of an order of recognizance or bail 43 and the terms thereof are matters of discretion rather than of law, an 44 application is determined on the basis of the following factors and 45 criteria: 46 (a) With respect to any principal, the court [in all cases, unless 47 otherwise provided by law,] must [impose the least restrictive] consider 48 the kind and degree of control or restriction that is necessary to 49 secure the principal's return to court when required. In determining 50 that matter, the court must, on the basis of available information, 51 consider and take into account [information about the principal that is 52 relevant to the principal's return to court, including: 53 (a) The principal's activities and history; 54 (b) If the principal is a defendant, the charges facing the principal; 55 (c)]: 
 S. 5017 9 1 (i) The principal's character, reputation, habits and mental condi- 2 tion; 3 (ii) the principal's employment and financial resources; 4 (iii) The principal's family ties and the length of his or her resi- 5 dence if any in the community; 6 (iv) The principal's criminal [conviction] record if any; 7 [(d)] (v) The principal's record of previous adjudication as a juve- 8 nile delinquent, as retained pursuant to section 354.2 of the family 9 court act, or, of pending cases where fingerprints are retained pursuant 10 to section 306.1 of such act, or a youthful offender, if any; 11 [(e)] (vi) The principal's previous record if any in responding to 12 court appearances when required or with respect to flight to avoid crim- 13 inal prosecution; 14 [(f) If monetary bail is authorized, according to the restrictions set 15 forth in this title, the principal's individual financial circumstances, 16 and, in cases where bail is authorized, the principal's ability to post 17 bail without posing undue hardship, as well as his or her ability to 18 obtain a secured, unsecured, or partially secured bond; 19 (g) any] (vii) Any violation by the principal of an order of 20 protection issued by any court; 21 [(h) the] (viii) The principal's history of use or possession of a 22 firearm; 23 [(i) whether] (ix) Whether the charge is alleged to have caused seri- 24 ous harm to an individual or group of individuals; [and 25 (j)] (x) If the principal is a defendant, the weight of the evidence 26 against him or her in the pending criminal action and any other factor 27 indicating probability or improbability of conviction; or, in the case 28 of an application for [a securing order] bail or recognizance pending 29 appeal, the merit or lack of merit of the appeal; and 30 (xi) If he or she is a defendant, the sentence which may be or has 31 been imposed upon conviction. 32 [2.] (b) Where the principal is a defendant-appellant in a pending 33 appeal from a judgment of conviction, the court must also consider the 34 likelihood of ultimate reversal of the judgment. A determination that 35 the appeal is palpably without merit alone justifies, but does not 36 require, a denial of the application, regardless of any determination 37 made with respect to the factors specified in paragraph (a) of this 38 subdivision [one of this section]. 39 3. When bail or recognizance is ordered, the court shall inform the 40 principal, if the principal is a defendant charged with the commission 41 of a felony, that the release is conditional and that the court may 42 revoke the order of release and may be authorized to commit the princi- 43 pal to the custody of the sheriff in accordance with the provisions of 44 subdivision two of section 530.60 of this [chapter] title if the princi- 45 pal commits a subsequent felony while at liberty upon such order. 46 § 11. Section 510.40 of the criminal procedure law, as amended by 47 section 6 of part JJJ of chapter 59 of the laws of 2019 and paragraph 48 (c) of subdivision 4 as amended by section 7 of part UU of chapter 56 of 49 the laws of 2020, is amended to read as follows: 50 § 510.40 [Court notification to principal of conditions of release and 51 of alleged violations of conditions of release] Application 52 for recognizance or bail; determination thereof, form of 53 securing order and execution thereof. 54 1. An application for recognizance or bail must be determined by a 55 securing order which either: 
 S. 5017 10 1 (a) Grants the application and releases the principal on his or her 2 own recognizance; or 3 (b) Grants the application and fixes bail; or 4 (c) Denies the application and commits the principal to, or retains 5 him or her in, the custody of the sheriff. 6 2. Upon ordering that a principal be released on the principal's own 7 recognizance, [or released under non-monetary conditions, or, if bail 8 has been fixed, upon the posting of bail,] the court must direct the 9 principal to appear in the criminal action or proceeding involved when- 10 ever the principal's attendance may be required and to [be] render the 11 principal at all times amenable to the orders and processes of the 12 court. If such principal is in the custody of the sheriff or at liberty 13 upon bail at the time of the order, the court must direct that the prin- 14 cipal be discharged from such custody or, as the case may be, that the 15 principal's bail be exonerated. 16 [2.] 3. Upon the issuance of an order fixing bail[, where authorized,] 17 and upon the posting thereof, the court must examine the bail to deter- 18 mine whether it complies with the order. If it does, the court must, in 19 the absence of some factor or circumstance which in law requires or 20 authorizes disapproval thereof, approve the bail and must issue a 21 certificate of release, authorizing the principal to be at liberty, and, 22 if the principal is in the custody of the sheriff at the time, directing 23 the sheriff to discharge the principal therefrom. If the bail fixed is 24 not posted, or is not approved after being posted, the court must order 25 that the principal be committed to the custody of the sheriff. [In the 26 event of any such non-approval, the court shall explain promptly in 27 writing the reasons therefor. 28 3. Non-monetary conditions of release shall be individualized and 29 established in writing by the court. At future court appearances, the 30 court shall consider a lessening of conditions or modification of condi- 31 tions to a less burdensome form based on the principal's compliance with 32 such conditions of release. In the event of alleged non-compliance with 33 the conditions of release in an important respect, pursuant to this 34 subdivision, additional conditions may be imposed by the court, on the 35 record or in writing, only after notice of the facts and circumstances 36 of such alleged non-compliance, reasonable under the circumstances, 37 affording the principal and the principal's attorney and the people an 38 opportunity to present relevant, admissible evidence, relevant witnesses 39 and to cross-examine witnesses, and a finding by clear and convincing 40 evidence that the principal violated a condition of release in an impor- 41 tant respect. Following such a finding, in determining whether to impose 42 additional conditions for non-compliance, the court shall consider and 43 may select conditions consistent with the court's obligation to impose 44 the least restrictive condition or conditions that will reasonably 45 assure the defendant's return to court. The court shall explain on the 46 record or in writing the reasons for its determination and for any 47 changes to the conditions imposed. 48 4. (a) Electronic monitoring of a principal's location may be ordered 49 only if the court finds, after notice, an opportunity to be heard and an 50 individualized determination explained on the record or in writing, that 51 the defendant qualifies for electronic monitoring in accordance with 52 subdivision twenty-one of section 500.10 of this title, and no other 53 realistic non-monetary condition or set of non-monetary conditions will 54 suffice to reasonably assure a principal's return to court. 55 (b) The specific method of electronic monitoring of the principal's 56 location must be approved by the court. It must be the least restrictive 
 S. 5017 11  1 procedure and method that will reasonably assure the principal's return 2 to court, and unobtrusive to the greatest extent practicable. 3 (c) Electronic monitoring of the location of a principal may be 4 conducted only by a public entity under the supervision and control of a 5 county or municipality or a non-profit entity under contract to the 6 county, municipality or the state. A county or municipality shall be 7 authorized to enter into a contract with another county or municipality 8 in the state to monitor principals under non-monetary conditions of 9 release in its county, but counties, municipalities and the state shall 10 not contract with any private for-profit entity for such purposes. 11 Counties, municipalities and the state may contract with a private for- 12 profit entity to supply electronic monitoring devices or other items, 13 provided that any interaction with persons under electronic monitoring 14 or the data produced by such monitoring shall be conducted solely by 15 employees of a county, municipality, the state, or a non-profit entity 16 under contract with such county, municipality or the state. 17 (d) Electronic monitoring of a principal's location may be for a maxi- 18 mum period of sixty days, and may be renewed for such period, after 19 notice, an opportunity to be heard and a de novo, individualized deter- 20 mination in accordance with this subdivision, which shall be explained 21 on the record or in writing. 22 A defendant subject to electronic location monitoring under this 23 subdivision shall be considered held or confined in custody for purposes 24 of section 180.80 of this chapter and shall be considered committed to 25 the custody of the sheriff for purposes of section 170.70 of the chap- 26 ter, as applicable. 27 5. If a principal is released under non-monetary conditions, the court 28 shall, on the record and in an individualized written document provided 29 to the principal, notify the principal, in plain language and a manner 30 sufficiently clear and specific: 31 (a) of any conditions to which the principal is subject, to serve as a 32 guide for the principal's conduct; and 33 (b) that the possible consequences for violation of such a condition 34 may include revocation of the securing order and the ordering of a more 35 restrictive securing order.] 36 § 12. Sections 510.43 and 510.45 of the criminal procedure law are 37 REPEALED. 38 § 13. Section 510.50 of the criminal procedure law, as amended by 39 section 9 of part JJJ of chapter 59 of the laws of 2019, is amended to 40 read as follows: 41 § 510.50 Enforcement of securing order. 42 [1.] When the attendance of a principal confined in the custody of the 43 sheriff is required at the criminal action or proceeding at a particular 44 time and place, the court may compel such attendance by directing the 45 sheriff to produce the principal at such time and place. If the princi- 46 pal is at liberty on the principal's own recognizance [or non-monetary 47 conditions] or on bail, the principal's attendance may be achieved or 48 compelled by various methods, including notification and the issuance of 49 a bench warrant, prescribed by law in provisions governing such matters 50 with respect to the particular kind of action or proceeding involved. 51 [2. Except when the principal is charged with a new crime while at 52 liberty, absent relevant, credible evidence demonstrating that a princi- 53 pal's failure to appear for a scheduled court appearance was willful, 54 the court, prior to issuing a bench warrant for a failure to appear for 55 a scheduled court appearance, shall provide at least forty-eight hours 56 notice to the principal or the principal's counsel that the principal is 
 S. 5017 12  1 required to appear, in order to give the principal an opportunity to 2 appear voluntarily.] 3 § 14. Paragraph (b) of subdivision 2 of section 520.10 of the criminal 4 procedure law, as amended by section 10 of part JJJ of chapter 59 of the 5 laws of 2019, is amended to read as follows: 6 (b) The court [shall] may direct that the bail be posted in any one of 7 [three] two or more of the forms specified in subdivision one of this 8 section, designated in the alternative, and may designate different 9 amounts varying with the forms[, except that one of the forms shall be 10 either an unsecured or partially secured surety bond, as selected by the 11 court]. 12 § 15. Section 530.10 of the criminal procedure law, as amended by 13 section 11 of part JJJ of chapter 59 of the laws of 2019, is amended to 14 read as follows: 15 § 530.10 Order of recognizance [release under non-monetary conditions] 16 or bail; in general. 17 Under circumstances prescribed in this article, a court, upon applica- 18 tion of a defendant charged with or convicted of an offense, is required 19 [to issue a securing order] or authorized to order bail or recognizance 20 for the release or prospective release of such defendant during the 21 pendency of either: 22 1. A criminal action based upon such charge; or 23 2. An appeal taken by the defendant from a judgment of conviction or a 24 sentence or from an order of an intermediate appellate court affirming 25 or modifying a judgment of conviction or a sentence. 26 § 16. Subdivision 4 of section 530.11 of the criminal procedure law, 27 as amended by section 12 of part JJJ of chapter 59 of the laws of 2019, 28 is amended to read as follows: 29 4. When a person is arrested for an alleged family offense or an 30 alleged violation of an order of protection or temporary order of 31 protection or arrested pursuant to a warrant issued by the supreme or 32 family court, and the supreme or family court, as applicable, is not in 33 session, such person shall be brought before a local criminal court in 34 the county of arrest or in the county in which such warrant is return- 35 able pursuant to article one hundred twenty of this chapter. Such local 36 criminal court may issue any order authorized under subdivision eleven 37 of section 530.12 of this article, section one hundred fifty-four-d or 38 one hundred fifty-five of the family court act or subdivision three-b of 39 section two hundred forty or subdivision two-a of section two hundred 40 fifty-two of the domestic relations law, in addition to discharging 41 other arraignment responsibilities as set forth in this chapter. In 42 making such order, the local criminal court shall consider [de novo] the 43 bail recommendation [and securing order], if any, made by the supreme or 44 family court as indicated on the warrant or certificate of warrant. 45 Unless the petitioner or complainant requests otherwise, the court, in 46 addition to scheduling further criminal proceedings, if any, regarding 47 such alleged family offense or violation allegation, shall make such 48 matter returnable in the supreme or family court, as applicable, on the 49 next day such court is in session. 50 § 17. Subdivision 11 of section 530.12 of the criminal procedure law, 51 as amended by section 15 of part JJJ of chapter 59 of the laws of 2019, 52 is amended to read as follows: 53 11. If a defendant is brought before the court for failure to obey any 54 lawful order issued under this section, or an order of protection issued 55 by a court of competent jurisdiction in another state, territorial or 56 tribal jurisdiction, and if, after hearing, the court is satisfied by 
 S. 5017 13 1 competent proof that the defendant has willfully failed to obey any such 2 order, the court may: 3 (a) revoke an order of recognizance [or release under non-monetary 4 conditions] or revoke an order of bail or order forfeiture of such bail 5 and commit the defendant to custody; or 6 (b) restore the case to the calendar when there has been an adjourn- 7 ment in contemplation of dismissal and commit the defendant to custody; 8 or 9 (c) revoke a conditional discharge in accordance with section 410.70 10 of this chapter and impose probation supervision or impose a sentence of 11 imprisonment in accordance with the penal law based on the original 12 conviction; or 13 (d) revoke probation in accordance with section 410.70 of this chapter 14 and impose a sentence of imprisonment in accordance with the penal law 15 based on the original conviction. In addition, if the act which consti- 16 tutes the violation of the order of protection or temporary order of 17 protection is a crime or a violation the defendant may be charged with 18 and tried for that crime or violation. 19 § 18. The opening paragraph of subdivision 1 of section 530.13 of the 20 criminal procedure law, as amended by section 14 of part JJJ of chapter 21 59 of the laws of 2019, is amended to read as follows: 22 When any criminal action is pending, and the court has not issued a 23 temporary order of protection pursuant to section 530.12 of this arti- 24 cle, the court, in addition to the other powers conferred upon it by 25 this chapter, may for good cause shown issue a temporary order of 26 protection in conjunction with any securing order committing the defend- 27 ant to the custody of the sheriff or as a condition of a pre-trial 28 release, or as a condition of release on bail or an adjournment in 29 contemplation of dismissal. In addition to any other conditions, such an 30 order may require that the defendant: 31 § 19. Paragraph (a) of subdivision 8 of section 530.13 of the criminal 32 procedure law, as amended by section 13 of part JJJ of chapter 59 of the 33 laws of 2019, is amended to read as follows: 34 (a) revoke an order of recognizance[, release under non-monetary 35 conditions] or bail and commit the defendant to custody; or 36 § 20. Section 530.20 of the criminal procedure law is REPEALED and a 37 new section 530.20 is added to read as follows: 38 § 530.20 Order of recognizance or bail; by local criminal court when 39 action is pending therein. 40 When a criminal action is pending in a local criminal court, such 41 court, upon application of a defendant, must or may order recognizance 42 or bail as follows: 43 1. When the defendant is charged, by information, simplified informa- 44 tion, prosecutor's information or misdemeanor complaint, with an offense 45 or offenses of less than felony grade only, the court must order recog- 46 nizance or bail. 47 2. When the defendant is charged, by felony complaint, with a felony, 48 the court may, in its discretion, order recognizance or bail except as 49 otherwise provided in this subdivision: 50 (a) A city court, a town court or a village court may not order recog- 51 nizance or bail when (i) the defendant is charged with a class A felony, 52 or (ii) it appears that the defendant has two previous felony 53 convictions; 54 (b) No local criminal court may order recognizance or bail with 55 respect to a defendant charged with a felony unless and until: 
 S. 5017 14 1 (i) The district attorney has been heard in the matter or, after know- 2 ledge or notice of the application and reasonable opportunity to be 3 heard, has failed to appear at the proceeding or has otherwise waived 4 his or her right to do so; and 5 (ii) The court has been furnished with a report of the division of 6 criminal justice services concerning the defendant's criminal record if 7 any or with a police department report with respect to the defendant's 8 prior arrest record. If neither report is available, the court, with the 9 consent of the district attorney, may dispense with this requirement; 10 provided, however, that in an emergency, including but not limited to a 11 substantial impairment in the ability of such division or police depart- 12 ment to timely furnish such report, such consent shall not be required 13 if, for reasons stated on the record, the court deems it unnecessary. 14 When the court has been furnished with any such report or record, it 15 shall furnish a copy thereof to counsel for the defendant or, if the 16 defendant is not represented by counsel, to the defendant. 17 § 21. The section heading and subdivisions 1 and 2 of section 530.30 18 of the criminal procedure law, as amended by section 17 of part JJJ of 19 chapter 59 of the laws of 2019, are amended to read as follows: 20 Order of recognizance[, release under non-monetary conditions] or 21 bail; by superior court judge when action is pending in local criminal 22 court. 23 1. When a criminal action is pending in a local criminal court, other 24 than one consisting of a superior court judge sitting as such, a judge 25 of a superior court holding a term thereof in the county, upon applica- 26 tion of a defendant, may order recognizance[, release under non-monetary 27 conditions] or[, where authorized,] bail when such local criminal court: 28 (a) Lacks authority to issue such an order, pursuant to the relevant 29 provisions of section 530.20 of this article; or 30 (b) Has denied an application for recognizance[, release under non- 31 monetary conditions] or bail; or 32 (c) Has fixed bail[, where authorized,] which is excessive[; or 33 (d) Has set a securing order of release under non-monetary conditions 34 which are more restrictive than necessary to reasonably assure the 35 defendant's return to court]. 36 In such case, such superior court judge may vacate the order of such 37 local criminal court and release the defendant on his or her own recog- 38 nizance [or under non-monetary conditions,] or [where authorized,] fix 39 bail in a lesser amount or in a less burdensome form[, whichever are the 40 least restrictive alternative and conditions that will reasonably assure 41 the defendant's return to court. The court shall explain its choice of 42 alternative and conditions on the record or in writing]. 43 2. Notwithstanding the provisions of subdivision one of this section, 44 when the defendant is charged with a felony in a local criminal court, a 45 superior court judge may not order recognizance, [release under non-mon- 46 etary conditions] or[, where authorized,] bail unless and until the 47 district attorney has had an opportunity to be heard in the matter and 48 such judge [and counsel for the defendant have] has been furnished with 49 a report as described in subparagraph (ii) of paragraph (b) of subdivi- 50 sion two of section 530.20 of this article. 51 § 22. Section 530.40 of the criminal procedure law is REPEALED and a 52 new section 530.40 is added to read as follows: 53 § 530.40 Order of recognizance or bail; by superior court when action is 54 pending therein. 
 S. 5017 15 1 When a criminal action is pending in a superior court, such court, 2 upon application of a defendant, must or may order recognizance or bail 3 as follows: 4 1. When the defendant is charged with an offense or offenses of less 5 than felony grade only, the court must order recognizance or bail. 6 2. When the defendant is charged with a felony, the court may, in its 7 discretion, order recognizance or bail. In any such case in which an 8 indictment (a) has resulted from an order of a local criminal court 9 holding the defendant for the action of the grand jury, or (b) was filed 10 at a time when a felony complaint charging the same conduct was pending 11 in a local criminal court, and in which such local criminal court or a 12 superior court judge has issued an order of recognizance or bail which 13 is still effective, the superior court's order may be in the form of a 14 direction continuing the effectiveness of the previous order. 15 3. Notwithstanding the provisions of subdivision two of this section, 16 a superior court may not order recognizance or bail, or permit a defend- 17 ant to remain at liberty pursuant to an existing order, after the 18 defendant has been convicted of either: (a) a class A felony or (b) any 19 class B or class C felony as defined in article one hundred thirty of 20 the penal law committed or attempted to be committed by a person eigh- 21 teen years of age or older against a person less than eighteen years of 22 age. In either case the court must commit or remand the defendant to the 23 custody of the sheriff. 24 4. Notwithstanding the provisions of subdivision two of this section, 25 a superior court may not order recognizance or bail when the defendant 26 is charged with a felony unless and until the district attorney has had 27 an opportunity to be heard in the matter and such court has been 28 furnished with a report as described in subparagraph (ii) of paragraph 29 (b) of subdivision two of section 530.20 of this article. 30 § 23. Subdivision 1 of section 530.45 of the criminal procedure law, 31 as amended by section 19 of part JJJ of chapter 59 of the laws of 2019, 32 is amended to read as follows: 33 1. When the defendant is at liberty in the course of a criminal action 34 as a result of a prior order of recognizance[, release under non-mone- 35 tary conditions] or bail and the court revokes such order and then[, 36 where authorized,] either fixes no bail or fixes bail in a greater 37 amount or in a more burdensome form than was previously fixed and 38 remands or commits defendant to the custody of the sheriff, [or issues a 39 more restrictive securing order,] a judge designated in subdivision two 40 of this section, upon application of the defendant following conviction 41 of an offense other than a class A felony or a class B or class C felony 42 offense as defined in article one hundred thirty of the penal law 43 committed or attempted to be committed by a person eighteen years of age 44 or older against a person less than eighteen years of age, and before 45 sentencing, may issue a securing order and either release the defendant 46 on the defendant's own recognizance, [release the defendant under non- 47 monetary conditions,] or[, where authorized,] fix bail or fix bail in a 48 lesser amount or in a less burdensome form[, or issue a less restrictive 49 securing order,] than fixed by the court in which the conviction was 50 entered. 51 § 24. Subdivision 2-a of section 530.45 of the criminal procedure law 52 is REPEALED. 53 § 25. Section 530.50 of the criminal procedure law, as amended by 54 chapter 264 of the laws of 2003, subdivision 1 as designated and subdi- 55 vision 2 as added by section 10 of part UU of chapter 56 of the laws of 
 S. 5017 16 1 2020, and subdivision 3 as added by section 4 of subpart D of part UU of 2 chapter 56 of the laws of 2022, is amended to read as follows: 3 § 530.50 Order of recognizance or bail; during pendency of appeal. 4 1. A judge who is otherwise authorized pursuant to section 460.50 or 5 section 460.60 of this chapter to issue an order of recognizance or bail 6 pending the determination of an appeal, may do so unless the defendant 7 received a class A felony sentence or a sentence for any class B or 8 class C felony offense defined in article one hundred thirty of the 9 penal law committed or attempted to be committed by a person eighteen 10 years of age or older against a person less than eighteen years of age. 11 2. [Notwithstanding the provisions of subdivision four of section 12 510.10, paragraph (b) of subdivision one of section 530.20 and subdivi- 13 sion four of section 530.40 of this title, when a defendant charged with 14 an offense that is not such a qualifying offense applies, pending deter- 15 mination of an appeal, for an order of recognizance or release on non- 16 monetary conditions, where authorized, or fixing bail, a judge identi- 17 fied in subdivision two of section 460.50 or paragraph (a) of 18 subdivision one of section 460.60 of this chapter may, in accordance 19 with law, and except as otherwise provided by law, issue a securing 20 order: releasing the defendant on the defendant's own recognizance or 21 under non-monetary conditions where authorized, fixing bail, or remand- 22 ing the defendant to the custody of the sheriff where authorized. 23 3.] Where an appeal by the people has been taken from an order 24 dismissing one or more counts of an accusatory instrument for failure to 25 comply with a discovery order pursuant to subdivision twelve of section 26 450.20 of this chapter and the defendant is charged with a qualifying 27 offense in the remaining counts in the accusatory instrument, pending 28 determination of an appeal, the defendant may apply for an order of 29 recognizance or [release on non-monetary conditions, where authorized, 30 or] fixing bail. A judge identified in subdivision two of section 460.50 31 of this chapter or paragraph (a) of subdivision one of section 460.60 of 32 this chapter may, in accordance with law, and except as otherwise 33 provided by law, issue a securing order releasing the defendant on the 34 defendant's own recognizance [or under non-monetary conditions where 35 authorized], fixing bail, or remanding the defendant to the custody of 36 the sheriff where authorized. 37 § 26. Section 530.60 of the criminal procedure law, as amended by 38 section 20 of part JJJ of chapter 59 of the laws of 2019, is amended to 39 read as follows: 40 § 530.60 [Certain modifications of a securing order] Order of recogni- 41 zance or bail; revocation thereof. 42 1. Whenever in the course of a criminal action or proceeding a defend- 43 ant is at liberty as a result of an order of recognizance[, release 44 under non-monetary conditions] or bail issued pursuant to this chapter, 45 and the court considers it necessary to review such order, [whether due 46 to a motion by the people or otherwise,] the court may, and [except as 47 provided in subdivision two of section 510.50 of this title concerning a 48 failure to appear in court,] by a bench warrant if necessary, require 49 the defendant to appear before the court. Upon such appearance, the 50 court, for good cause shown, may revoke the order of recognizance[, 51 release under non-monetary conditions,] or bail. If the defendant is 52 entitled to recognizance[, release under non-monetary conditions,] or 53 bail as a matter of right, the court must issue another such order. If 54 the defendant is not, the court may either issue such an order or commit 55 the defendant to the custody of the sheriff in accordance with this 56 section. 
 S. 5017 17 1 Where the defendant is committed to the custody of the sheriff and is 2 held on a felony complaint, a new period as provided in section 180.80 3 of this chapter shall commence to run from the time of the defendant's 4 commitment under this subdivision. 5 2. (a) Whenever in the course of a criminal action or proceeding a 6 defendant charged with the commission of a felony is at liberty as a 7 result of an order of recognizance, [release under non-monetary condi- 8 tions] or bail issued pursuant to this article it shall be grounds for 9 revoking such order that the court finds reasonable cause to believe the 10 defendant committed one or more specified class A or violent felony 11 offenses or intimidated a victim or witness in violation of section 12 215.15, 215.16 or 215.17 of the penal law while at liberty. 13 [(b) Except as provided in paragraph (a) of this subdivision or any 14 other law, whenever in the course of a criminal action or proceeding a 15 defendant charged with the commission of an offense is at liberty as a 16 result of an order of recognizance, release under non-monetary condi- 17 tions or bail issued pursuant to this article it shall be grounds for 18 revoking such order and fixing bail in such criminal action or proceed- 19 ing when the court has found, by clear and convincing evidence, that the 20 defendant: 21 (i) persistently and willfully failed to appear after notice of sched- 22 uled appearances in the case before the court; or 23 (ii) violated an order of protection in the manner prohibited by 24 subdivision (b), (c) or (d) of section 215.51 of the penal law while at 25 liberty; or 26 (iii) stands charged in such criminal action or proceeding with a 27 misdemeanor or violation and, after being so charged, intimidated a 28 victim or witness in violation of section 215.15, 215.16 or 215.17 of 29 the penal law or tampered with a witness in violation of section 215.11, 30 215.12 or 215.13 of the penal law, law while at liberty; or 31 (iv) stands charged in such action or proceeding with a felony and, 32 after being so charged, committed a felony while at liberty. 33 (c)] Before revoking an order of recognizance[, release under non-mon- 34 etary conditions,] or bail pursuant to this subdivision, the court must 35 hold a hearing and shall receive any relevant, admissible evidence not 36 legally privileged. The defendant may cross-examine witnesses and may 37 present relevant, admissible evidence on his own behalf. Such hearing 38 may be consolidated with, and conducted at the same time as, a felony 39 hearing conducted pursuant to article one hundred eighty of this chap- 40 ter. A transcript of testimony taken before the grand jury upon presen- 41 tation of the subsequent offense shall be admissible as evidence during 42 the hearing. The district attorney may move to introduce grand jury 43 testimony of a witness in lieu of that witness' appearance at the hear- 44 ing. 45 [(d)] (b) Revocation of an order of recognizance[, release under non- 46 monetary conditions] or bail and [a new securing order fixing bail or] 47 commitment[, as specified in this paragraph and] pursuant to this subdi- 48 vision shall be for the following periods, either: 49 [(i) Under paragraph (a) of this subdivision, revocation of the order 50 of recognizance, release under non-monetary conditions or, as the case 51 may be, bail, and a new securing order fixing bail or committing the 52 defendant to the custody of the sheriff shall be as follows: 53 (A)] (i) For a period not to exceed ninety days exclusive of any peri- 54 ods of adjournment requested by the defendant; or 
 S. 5017 18 1 [(B)] (ii) Until the charges contained within the accusatory instru- 2 ment have been reduced or dismissed such that no count remains which 3 charges the defendant with commission of a felony; or 4 [(C)] (iii) Until reduction or dismissal of the charges contained 5 within the accusatory instrument charging the subsequent offense such 6 that no count remains which charges the defendant with commission of a 7 class A or violent felony offense. 8 Upon expiration of any of the three periods specified within this 9 [subparagraph] paragraph, whichever is shortest, the court may grant or 10 deny release upon an order of bail or recognizance in accordance with 11 the provisions of this article. Upon conviction to an offense the 12 provisions of this article [five hundred thirty of this chapter] shall 13 apply[; and 14 (ii) Under paragraph (b) of this subdivision, revocation of the order 15 of recognizance, release under non-monetary conditions or, as the case 16 may be, bail shall result in the issuance of a new securing order which 17 may, if otherwise authorized by law, permit the principal's release on 18 recognizance or release under non-monetary conditions, but shall also 19 render the defendant eligible for an order fixing bail provided, howev- 20 er, that in accordance with the principles in this title the court must 21 select the least restrictive alternative and condition or conditions 22 that will reasonably assure the principal's return to court. Nothing in 23 this subparagraph shall be interpreted as shortening the period of 24 detention, or requiring or authorizing any less restrictive form of a 25 securing order, which may be imposed pursuant to any other law]. 26 [(e)] (c) Notwithstanding the provisions of paragraph (a) [or (b)] of 27 this subdivision a defendant, against whom a felony complaint has been 28 filed which charges the defendant with commission of a class A or 29 violent felony offense [or violation of section 215.15, 215.16 or 215.17 30 of the penal law] committed while he or she was at liberty as specified 31 therein, may be committed to the custody of the sheriff pending a revo- 32 cation hearing for a period not to exceed seventy-two hours. An addi- 33 tional period not to exceed seventy-two hours may be granted by the 34 court upon application of the district attorney upon a showing of good 35 cause or where the failure to commence the hearing was due to the 36 defendant's request or occurred with his or her consent. Such good cause 37 must consist of some compelling fact or circumstance which precluded 38 conducting the hearing within the initial prescribed period. 39 § 27. Paragraph (a) of subdivision 9 of section 216.05 of the criminal 40 procedure law, as amended by chapter 435 of the laws of 2021, is amended 41 to read as follows: 42 (a) If at any time during the defendant's participation in the judi- 43 cial diversion program, the court has reasonable grounds to believe that 44 the defendant has violated a release condition [in an important respect] 45 or has [willfully] failed to appear before the court as requested, the 46 court [except as provided in subdivision two of section 510.50 of this 47 chapter regarding a failure to appear,] shall direct the defendant to 48 appear or issue a bench warrant to a police officer or an appropriate 49 peace officer directing him or her to take the defendant into custody 50 and bring the defendant before the court without unnecessary delay; 51 provided, however, that under no circumstances shall a defendant who 52 requires treatment for opioid use be deemed to have violated a release 53 condition on the basis of his or her participation in medically 54 prescribed drug treatments under the care of a health care professional 55 licensed or certified under title eight of the education law, acting 56 within his or her lawful scope of practice. The [relevant] provisions of 
 S. 5017 19 1 subdivision one of section 530.60 of this chapter relating to [issuance 2 of securing orders] revocation of recognizance or bail shall apply to 3 such proceedings under this subdivision. 4 § 28. Section 410.60 of the criminal procedure law, as amended by 5 section 23 of part JJJ of chapter 59 of the laws of 2019, is amended to 6 read as follows: 7 § 410.60 Appearance before court. 8 A person who has been taken into custody pursuant to section 410.40 or 9 [section] 410.50 of this article for violation of a condition of a 10 sentence of probation or a sentence of conditional discharge must forth- 11 with be brought before the court that imposed the sentence. Where a 12 violation of probation petition and report has been filed and the person 13 has not been taken into custody nor has a warrant been issued, an 14 initial court appearance shall occur within ten business days of the 15 court's issuance of a notice to appear. If the court has reasonable 16 cause to believe that such person has violated a condition of the 17 sentence, it may commit such person to the custody of the sheriff[,] or 18 fix bail[, release such person under non-monetary conditions] or release 19 such person on such person's own recognizance for future appearance at a 20 hearing to be held in accordance with section 410.70 of this article. If 21 the court does not have reasonable cause to believe that such person has 22 violated a condition of the sentence, it must direct that such person be 23 released. 24 § 29. Subdivision 3 of section 620.50 of the criminal procedure law, 25 as amended by section 24 of part JJJ of chapter 59 of the laws of 2019, 26 is amended to read as follows: 27 3. A material witness order must be executed as follows: 28 (a) If the bail is posted and approved by the court, the witness must, 29 as provided in subdivision [two] three of section 510.40 of this part, 30 be released and be permitted to remain at liberty; provided that, where 31 the bail is posted by a person other than the witness himself or 32 herself, he or she may not be so released except upon his or her signed 33 written consent thereto; 34 (b) If the bail is not posted, or if though posted it is not approved 35 by the court, the witness must, as provided in subdivision [two] three 36 of section 510.40 of this part, be committed to the custody of the sher- 37 iff. 38 § 30. Article 245 of the criminal procedure law is REPEALED. 39 § 31. The criminal procedure law is amended by adding a new article 40 240 to read as follows: 41 ARTICLE 240 42 DISCOVERY 43 Section 240.10 Definition of terms. 44 240.20 Upon demand of defendant. 45 240.30 Upon demand of prosecutor. 46 240.35 Refusal of demand. 47 240.40 Upon court order. 48 240.43 Disclosure of prior uncharged criminal, vicious or immor- 49 al acts. 50 240.44 Upon pre-trial hearing. 51 240.45 Upon trial, of prior statements and criminal history of 52 witnesses. 53 240.50 Protective orders. 54 240.60 Continuing duty to disclose. 55 240.70 Sanctions; fees. 56 240.75 Certain violations. 
 S. 5017 20 1 240.80 When demand, refusal and compliance made. 2 240.90 Motion procedure. 3 § 240.10 Definition of terms. The following definitions are applicable 4 to this article: 5 1. "Demand to produce" means a written notice served by and on a 6 party to a criminal action, without leave of the court, demanding to 7 inspect property pursuant to this article and giving reasonable notice 8 of the time at which the demanding party wishes to inspect the property 9 designated. 10 2. "Attorneys' work product" means property to the extent that it 11 contains the opinions, theories or conclusions of the prosecutor, 12 defense counsel or members of their legal staffs. 13 3. "Property" means any existing tangible personal or real property, 14 including, but not limited to, books, records, reports, memoranda, 15 papers, photographs, tapes or other electronic recordings, articles of 16 clothing, fingerprints, blood samples, fingernail scrapings or 17 handwriting specimens, but excluding attorneys' work product. 18 4. "At the trial" means as part of the people's or the defendant's 19 direct case. 20 § 240.20 Upon demand of defendant. 21 1. Except to the extent protected by court order, upon a demand to 22 produce by a defendant against whom an indictment, superior court 23 information, prosecutor's information, information, or simplified 24 information charging a misdemeanor is pending, the prosecutor shall 25 disclose to the defendant and make available for inspection, 26 photographing, copying or testing, the following property: 27 (a) Any written, recorded or oral statement of the defendant, and of 28 a co-defendant to be tried jointly, made, other than in the course of 29 the criminal transaction, to a public servant engaged in law enforcement 30 activity or to a person then acting under his direction or in 31 cooperation with him or her; 32 (b) Any transcript of testimony relating to the criminal action or 33 proceeding pending against the defendant, given by the defendant, or by 34 a co-defendant to be tried jointly, before any grand jury; 35 (c) Any written report or document, or portion thereof, concerning a 36 physical or mental examination, or scientific test or experiment, 37 relating to the criminal action or proceeding which was made by, or at 38 the request or direction of a public servant engaged in law enforcement 39 activity, or which was made by a person whom the prosecutor intends to 40 call as a witness at trial, or which the people intend to introduce at 41 trial; 42 (d) Any photograph or drawing relating to the criminal action or 43 proceeding which was made or completed by a public servant engaged in 44 law enforcement activity, or which was made by a person whom the 45 prosecutor intends to call as a witness at trial, or which the people 46 intend to introduce at trial; 47 (e) Any photograph, photocopy or other reproduction made by or at the 48 direction of a police officer, peace officer or prosecutor of any 49 property prior to its release pursuant to the provisions of section 50 450.10 of the penal law, irrespective of whether the people intend to 51 introduce at trial the property or the photograph, photocopy or other 52 reproduction; 53 (f) Any other property obtained from the defendant, or a co-defendant 54 to be tried jointly; 
 S. 5017 21 1 (g) Any tapes or other electronic recordings which the prosecutor 2 intends to introduce at trial, irrespective of whether such recording 3 was made during the course of the criminal transaction; 4 (h) Anything required to be disclosed, prior to trial, to the 5 defendant by the prosecutor, pursuant to the constitution of this state 6 or of the United States; 7 (i) The approximate date, time and place of the offense charged and of 8 defendant's arrest; 9 (j) In any prosecution under section 156.05 or 156.10 of the penal 10 law, the time, place and manner of notice given pursuant to subdivi- 11 sion six of section 156.00 of such law; and 12 (k) In any prosecution commenced in a manner set forth in this 13 subdivision alleging a violation of the vehicle and traffic law, in 14 addition to any material required to be disclosed pursuant to this 15 article, any other provision of law, or the constitution of this state 16 or of the United States, any written report or document, or portion 17 thereof, concerning a physical examination, a scientific test or 18 experiment, including the most recent record of inspection, or 19 calibration or repair of machines or instruments utilized to perform 20 such scientific tests or experiments and the certification certificate, 21 if any, held by the operator of the machine or instrument, which tests 22 or examinations were made by or at the request or direction of a public 23 servant engaged in law enforcement activity or which was made by a 24 person whom the prosecutor intends to call as a witness at trial, or 25 which the people intend to introduce at trial. 26 2. The prosecutor shall make a diligent, good faith effort to 27 ascertain the existence of demanded property and to cause such property 28 to be made available for discovery where it exists but is not within the 29 prosecutor's possession, custody or control; provided, that the 30 prosecutor shall not be required to obtain by subpoena duces tecum 31 demanded material which the defendant may thereby obtain. 32 § 240.30 Upon demand of prosecutor. 33 1. Except to the extent protected by court order, upon a demand to 34 produce by the prosecutor, a defendant against whom an indictment, 35 superior court information, prosecutor's information, information, or 36 simplified information charging a misdemeanor is pending shall disclose 37 and make available for inspection, photographing, copying or testing, 38 subject to constitutional limitations: 39 (a) any written report or document, or portion thereof, concerning a 40 physical or mental examination, or scientific test, experiment, or 41 comparisons, made by or at the request or direction of, the defendant, 42 if the defendant intends to introduce such report or document at trial, 43 or if the defendant has filed a notice of intent to proffer psychiatric 44 evidence and such report or document relates thereto, or if such report 45 or document was made by a person, other than defendant, whom defendant 46 intends to call as a witness at trial; and 47 (b) any photograph, drawing, tape or other electronic recording which 48 the defendant intends to introduce at trial. 49 2. The defense shall make a diligent good faith effort to make such 50 property available for discovery where it exists but the property is not 51 within its possession, custody or control, provided, that the defendant 52 shall not be required to obtain by subpoena duces tecum demanded 53 material that the prosecutor may thereby obtain. 54 § 240.35 Refusal of demand. 55 Notwithstanding the provisions of sections 240.20 and 240.30 of this 56 article, the prosecutor or the defendant, as the case may be, may refuse 
 S. 5017 22 1 to disclose any information which he or she reasonably believes is not 2 discoverable by a demand to produce, pursuant to section 240.20 or 3 240.30 of this article as the case may be, or for which he or she 4 reasonably believes a protective order would be warranted. Such refusal 5 shall be made in a writing, which shall set forth the grounds of such 6 belief as fully as possible, consistent with the objective of the 7 refusal. The writing shall be served upon the demanding party and a copy 8 shall be filed with the court. 9 § 240.40 Upon court order. 10 Notwithstanding the provisions of sections 240.20 and 240.30 of 11 this article, the prosecutor or the defendant, as the case may be, may 12 refuse to disclose any information which he or she reasonably believes 13 is not discoverable by a demand to produce, pursuant to section 240.20 14 or 240.30 of this article as the case may be, or for which he or she 15 reasonably believes a protective order would be warranted. Such refusal 16 shall be made in a writing, which shall set forth the grounds of such 17 belief as fully as possible, consistent with the objective of the 18 refusal. The writing shall be served upon the demanding party and a 19 copy shall be filed with the court. 20 § 240.43 Disclosure of prior uncharged criminal, vicious or immoral 21 acts. 22 1. Upon motion of a defendant against whom an indictment, superior 23 court information, prosecutor's information, information, or simplified 24 information charging a misdemeanor is pending, the court in which such 25 accusatory instrument is pending: (a) must order discovery as to any 26 material not disclosed upon a demand pursuant to section 240.20 27 of this article, if it finds that the prosecutor's refusal to disclose 28 such material is not justified; (b) must, unless it is satisfied that 29 the people have shown good cause why such an order should not be 30 issued, order discovery or any other order authorized by subdivision 31 one of section 240.70 of this article as to any material not disclosed 32 upon demand pursuant to section 240.20 of this article where the prose- 33 cutor has failed to serve a timely written refusal pursuant to 34 section 240.35 of this article; (c) may order discovery with respect to 35 any other property, which the people intend to introduce at the trial, 36 upon a showing by the defendant that discovery with respect to such 37 property is material to the preparation of his or her defense, and 38 that the request is reasonable; and (d) where property in the people's 39 possession, custody, or control that consists of a deoxyribonu- 40 cleic acid ("DNA") profile obtained from probative biological material 41 gathered in connection with the investigation or prosecution of the 42 defendant and the defendant establishes that such profile complies with 43 federal bureau of investigation or state requirements, whichever are 44 applicable and as such requirements are applied to law enforcement 45 agencies seeking a keyboard search or similar comparison, and that the 46 data meets state DNA index system or national DNA index system criteria 47 as such criteria are applied to law enforcement agencies seeking such a 48 keyboard search or similar comparison, the court may order an entity 49 that has access to the combined DNA index system or its successor system 50 to compare such DNA profile against DNA databanks by keyboard searches, 51 or a similar method that does not involve uploading, upon notice to both 52 parties and the entity required to perform the search, upon a showing by 53 the defendant that such a comparison is material to the presentation of 54 his or her defense and that the request is reasonable. For purposes of 55 this paragraph, a "keyboard search" shall mean a search of a DNA profile 56 against the databank in which the profile that is searched is not 
 S. 5017 23 1 uploaded to or maintained in the databank. Upon granting the motion 2 pursuant to paragraph (c) of this subdivision, the court shall, upon 3 motion of the people showing such to be material to the preparation of 4 their case and that the request is reasonable, condition its order of 5 discovery by further directing discovery by the people of property, of 6 the same kind or character as that authorized to be inspected by the 7 defendant, which he or she intends to introduce at the trial. 8 2. Upon motion of the prosecutor, and subject to constitutional 9 limitation, the court in which an indictment, superior court 10 information, prosecutor's information, information, or simplified 11 information charging a misdemeanor is pending: (a) must order discovery 12 as to any property not disclosed upon a demand pursuant to section 13 240.30 of this article, if it finds that the defendant's refusal 14 to disclose such material is not justified; and (b) may order the 15 defendant to provide non-testimonial evidence. Such order may, 16 among other things, require the defendant to: 17 (i) Appear in a line-up; 18 (ii) Speak for identification by witness or potential witness; 19 (iii) Be fingerprinted; 20 (iv) Pose for photographs not involving reenactment of an event; 21 (v) Permit the taking of samples of blood, hair or other materials 22 from his or her body in a manner not involving an unreasonable 23 intrusion thereof or a risk of serious physical injury thereto; 24 (vi) Provide specimens of his or her handwriting; 25 (vii) Submit to a reasonable physical or medical inspection of his 26 or her body. 27 This subdivision shall not be construed to limit, expand, or otherwise 28 affect the issuance of a similar court order, as may be authorized by 29 law, before the filing of an accusatory instrument consistent with such 30 rights as the defendant may derive from the constitution of this state 31 or of the United States. This section shall not be construed to limit or 32 otherwise affect the administration of a chemical test where other- 33 wise authorized pursuant to section one thousand one hundred ninety- 34 four-a of the vehicle and traffic law. 35 3. An order pursuant to this section may be denied, limited or 36 conditioned as provided in section 240.50 of this article. 37 § 240.44 Upon pre-trial hearing. 38 Subject to a protective order, at a pre-trial hearing held in a 39 criminal court at which a witness is called to testify, each party, 40 prior to the commencement of the direct examination of each of its 41 witnesses, shall, upon request of the other party, make available to 42 that party to the extent not previously disclosed: 43 1. Any written or recorded statement, including any testimony before a 44 grand jury, made by such witness other than the defendant which relates 45 to the subject matter of the witness's testimony. 46 2. A record of a judgment of conviction of such witness other than the 47 defendant if the record of conviction is known by the prosecutor or 48 defendant, as the case may be, to exist. 49 3. The existence of any pending criminal action against such witness 50 other than the defendant if the pending criminal action is known by the 51 prosecutor or defendant, as the case may be, to exist. 52 § 240.45 Upon trial, of prior statements and criminal history of 53 witnesses. 54 1. After the jury has been sworn and before the prosecutor's opening 55 address, or in the case of a single judge trial after commencement and 
 S. 5017 24 1 before submission of evidence, the prosecutor shall, subject to a 2 protective order, make available to the defendant: 3 (a) Any written or recorded statement, including any testimony before 4 a grand jury and an examination videotaped pursuant to section 190.32 of 5 this part, made by a person whom the prosecutor intends to call as a 6 witness at trial, and which relates to the subject matter of the 7 witness's testimony; 8 (b) A record of judgment of conviction of a witness the people intend 9 to call at trial if the record of conviction is known by the prosecutor 10 to exist; 11 (c) The existence of any pending criminal action against a witness 12 the people intend to call at trial, if the pending criminal action is 13 known by the prosecutor to exist. 14 The provisions of paragraphs (b) and (c) of this subdivision shall not 15 be construed to require the prosecutor to fingerprint a witness or 16 otherwise cause the division of criminal justice services or other law 17 enforcement agency or court to issue a report concerning a witness. 18 2. After presentation of the people's direct case and before the 19 presentation of the defendant's direct case, the defendant shall, 20 subject to a protective order, make available to the prosecutor: 21 (a) any written or recorded statement made by a person other than the 22 defendant whom the defendant intends to call as a witness at the trial, 23 and which relates to the subject matter of the witness's testimony; 24 (b) a record of judgment of conviction of a witness, other than the 25 defendant, the defendant intends to call at trial if the record of 26 conviction is known by the defendant to exist; 27 (c) the existence of any pending criminal action against a witness, 28 other than the defendant, the defendant intends to call at trial, if the 29 pending criminal action is known by the defendant to exist. 30 § 240.50 Protective orders. 31 1. The court in which the criminal action is pending may, upon motion 32 of either party, or of any affected person, or upon determination of a 33 motion of either party for an order of discovery, or upon its own 34 initiative, issue a protective order denying, limiting, conditioning, 35 delaying or regulating discovery pursuant to this article for good 36 cause, including constitutional limitations, danger to the integrity of 37 physical evidence or a substantial risk of physical harm, intimidation, 38 economic reprisal, bribery or unjustified annoyance or embarrassment to 39 any person or an adverse effect upon the legitimate needs of law 40 enforcement, including the protection of the confidentiality of 41 informants, or any other factor or set of factors which outweighs the 42 usefulness of the discovery. 43 2. An order limiting, conditioning, delaying or regulating discovery 44 may, among other things, require that any material copied or derived 45 therefrom be maintained in the exclusive possession of the attorney for 46 the discovering party and be used for the exclusive purpose of preparing 47 for the defense or prosecution of the criminal action. 48 3. A motion for a protective order shall suspend discovery of the 49 particular matter in dispute. 50 4. Notwithstanding any other provision of this article, the personal 51 residence address of a police officer or correction officer shall not be 52 required to be disclosed except pursuant to an order issued by a court 53 following a finding of good cause. 54 § 240.60 Continuing duty to disclose. 55 If, after complying with the provisions of this article or an order 56 pursuant thereto, a party finds, either before or during trial, 
 S. 5017 25 1 additional material subject to discovery or covered by such order, he 2 or she shall promptly comply with the demand or order, refuse to 3 comply with the demand where refusal is authorized, or apply for a 4 protective order. 5 § 240.70 Sanctions; fees. 6 1. If, during the course of discovery proceedings, the court finds 7 that a party has failed to comply with any of the provisions of this 8 article, the court may order such party to permit discovery of the prop- 9 erty not previously disclosed, grant a continuance, issue a protective 10 order, prohibit the introduction of certain evidence or the calling of 11 certain witnesses or take any other appropriate action. 12 2. The failure of the prosecution to call as a witness a person speci- 13 fied in subdivision one of section 240.20 of this article or of any 14 party to introduce disclosed material at the trial shall not, by itself, 15 constitute grounds for any sanction or for adverse comment thereupon by 16 any party in summation to the jury or at any other point. 17 3. A fee for copies of records required to be disclosed may be 18 charged. Such fee shall not exceed twenty-five cents per photocopy not 19 in excess of nine inches by fourteen inches, or the actual cost of 20 reproducing any other record, except when a different fee is otherwise 21 prescribed by law. 22 § 240.75 Certain violations. 23 The failure of the prosecutor or any agent of the prosecutor to 24 disclose statements that are required to be disclosed under subdivision 25 one of section 240.44 of this article or paragraph (a) of subdivision 26 one of section 240.45 of this article shall not constitute grounds for 27 any court to order a new pre-trial hearing or set aside a 28 conviction, or reverse, modify or vacate a judgment of conviction in the 29 absence of a showing by the defendant that there is a reasonable 30 possibility that the non-disclosure materially contributed to the 31 result of the trial or other proceeding; provided, however, that nothing 32 in this section shall affect or limit any right the defendant 33 may have to a re-opened pre-trial hearing when such statements were 34 disclosed before the close of evidence at trial. 35 § 240.80 When demand, refusal and compliance made. 36 1. A demand to produce shall be made within thirty days after 37 arraignment and before the commencement of trial. If the defendant is 38 not represented by counsel, and has requested an adjournment to obtain 39 counsel or to have counsel assigned, the thirty-day period shall 40 commence, for purposes of a demand by the defendant, on the date counsel 41 initially appears on his or her behalf. However, the court may 42 direct compliance with a demand to produce that, for good cause shown, 43 could not have been made within the time specified. 44 2. A refusal to comply with a demand to produce shall be made within 45 fifteen days of the service of the demand to produce, but for good cause 46 may be made thereafter. 47 3. Absent a refusal to comply with a demand to produce, compliance 48 with such demand shall be made within fifteen days of the service of the 49 demand or as soon thereafter as practicable. 50 § 240.90 Motion procedure. 51 1. A motion by a prosecutor for discovery shall be made within 52 forty-five days after arraignment, but for good cause shown may be made 53 at any time before commencement of trial. 54 2. A motion by a defendant for discovery shall be made as prescribed 55 in section 255.20 of this title. 
 S. 5017 26 1 3. Where the interests of justice so require, the court may permit a 2 party to a motion for an order of discovery or a protective order, or 3 other affected person, to submit papers or to testify ex parte or in 4 camera. Any such papers and transcript of such testimony shall be 5 sealed, but shall constitute a part of the record on appeal. 6 § 32. Subdivision 9 of section 65.20 of the criminal procedure law, as 7 amended by section 4 of part LLL of chapter 59 of the laws of 2019, is 8 amended to read as follows: 9 9. (a) Prior to the commencement of the hearing conducted pursuant to 10 subdivision six of this section, the district attorney shall, subject to 11 a protective order, comply with the provisions of subdivision one of 12 section [245.20] 240.45 of this chapter as they concern any witness whom 13 the district attorney intends to call at the hearing and the child 14 witness. 15 (b) Before a defendant calls a witness at such hearing, he or she 16 must, subject to a protective order, comply with the provisions of 17 subdivision [four] two of section [245.20] 240.45 of this chapter as 18 they concern all the witnesses the defendant intends to call at such 19 hearing. 20 § 33. Subdivision 5 of section 200.95 of the criminal procedure law, 21 as amended by section 5 of part LLL of chapter 59 of the laws of 2019, 22 is amended to read as follows: 23 5. Court ordered bill of particulars. Where a prosecutor has timely 24 served a written refusal pursuant to subdivision four of this section 25 and upon motion, made in writing, of a defendant, who has made a request 26 for a bill of particulars and whose request has not been complied with 27 in whole or in part, the court must, to the extent a protective order is 28 not warranted, order the prosecutor to comply with the request if it is 29 satisfied that the items of factual information requested are authorized 30 to be included in a bill of particulars, and that such information is 31 necessary to enable the defendant adequately to prepare or conduct his 32 or her defense and, if the request was untimely, a finding of good cause 33 for the delay. Where a prosecutor has not timely served a written 34 refusal pursuant to subdivision four of this section the court must, 35 unless it is satisfied that the people have shown good cause why such an 36 order should not be issued, issue an order requiring the prosecutor to 37 comply or providing for any other order authorized by [section 245.80 of 38 this part] subdivision one of section 240.70 of this part. 39 § 34. Paragraph (c) of subdivision 1 of section 255.10 of the criminal 40 procedure law, as amended by section 6 of part LLL of chapter 59 of the 41 laws of 2019, is amended to read as follows: 42 (c) granting discovery pursuant to article [245]two hundred forty; or 43 § 35. Subdivision 1 of section 255.20 of the criminal procedure law, 44 as amended by section 7 of part LLL of chapter 59 of the laws of 2019, 45 is amended to read as follows: 46 1. Except as otherwise expressly provided by law, whether the defend- 47 ant is represented by counsel or elects to proceed pro se, all pre-trial 48 motions shall be served or filed within forty-five days after arraign- 49 ment and before commencement of trial, or within such additional time as 50 the court may fix upon application of the defendant made prior to entry 51 of judgment. In an action in which [either (a) material or information 52 has been disclosed pursuant to paragraph (m) or (n) of subdivision one 53 of section 245.20 of this title, (b)] an eavesdropping warrant and 54 application have been furnished pursuant to section 700.70 of this chap- 55 ter, or [(c)] a notice of intention to introduce evidence has been 56 served pursuant to section 710.30 of this chapter, such period shall be 
 S. 5017 27 1 extended until forty-five days after the last date of such service. If 2 the defendant is not represented by counsel and has requested an 3 adjournment to obtain counsel or to have counsel assigned, such forty- 4 five day period shall commence on the date counsel initially appears on 5 defendant's behalf. 6 § 36. Section 340.30 of the criminal procedure law, as amended by 7 section 8 of part LLL of chapter 59 of the laws of 2019, is amended to 8 read as follows: 9 § 340.30 Pre-trial discovery and notices of defenses. 10 The provisions of article two hundred [forty-five] forty of this part, 11 concerning pre-trial discovery by a defendant under indictment in a 12 superior court, and article two hundred fifty of this part, concerning 13 pre-trial notice to the people by a defendant under indictment in a 14 superior court who intends to advance a trial defense of mental disease 15 or defect or of alibi, apply to a prosecution of an information in a 16 local criminal court. 17 § 37. Subdivision 14 of section 400.27 of the criminal procedure law, 18 as amended by section 9 of part LLL of chapter 59 of the laws of 2019, 19 is amended to read as follows: 20 14. (a) At a reasonable time prior to the sentencing proceeding or a 21 [mental retardation] competency hearing: 22 (i) the prosecutor shall, unless previously disclosed and subject to a 23 protective order, make available to the defendant the statements and 24 information specified in subdivision one of section [245.20] 240.45 of 25 this part and make available for inspection, photographing, copying or 26 testing the property specified in subdivision one of section [245.20] 27 240.20 of this part; and 28 (ii) the defendant shall, unless previously disclosed and subject to a 29 protective order, make available to the prosecution the statements and 30 information specified in subdivision [four] two of section [245.20] 31 240.20 of this part and make available for inspection, photographing, 32 copying or testing, subject to constitutional limitations, the reports, 33 documents and other property specified in [section 245.20] subdivision 34 one of section 240.30 of this part. 35 (b) Where a party refuses to make disclosure pursuant to this section, 36 the provisions of [section 245.70, 245.75 and/or 245.80] sections 37 240.35, 240.40 and 240.50 of this part shall apply. 38 (c) If, after complying with the provisions of this section or an 39 order pursuant thereto, a party finds either before or during a sentenc- 40 ing proceeding or [mental retardation] competency hearing, additional 41 material subject to discovery or covered by court order, the party shall 42 promptly make disclosure or apply for a protective order. 43 (d) If the court finds that a party has failed to comply with any of 44 the provisions of this section, the court may [employ] enter any of the 45 [remedies or sanctions] orders specified in subdivision one of section 46 [245.80] 240.70 of this part. 47 § 38. The opening paragraph of paragraph (b) of subdivision 1 of 48 section 440.30 of the criminal procedure law, as amended by section 10 49 of part LLL of chapter 59 of the laws of 2019, is amended to read as 50 follows: 51 In conjunction with the filing or consideration of a motion to vacate 52 a judgment pursuant to section 440.10 of this article by a defendant 53 convicted after a trial, in cases where the court has ordered an eviden- 54 tiary hearing upon such motion, the court may order that the people 55 produce or make available for inspection property, as defined in subdi- 56 vision three of section 240.10 of this part, in its possession, custody, 
 S. 5017 28 1 or control that was secured in connection with the investigation or 2 prosecution of the defendant upon credible allegations by the defendant 3 and a finding by the court that such property, if obtained, would be 4 probative to the determination of defendant's actual innocence, and that 5 the request is reasonable. The court shall deny or limit such a request 6 upon a finding that such a request, if granted, would threaten the 7 integrity or chain of custody of property or the integrity of the proc- 8 esses or functions of a laboratory conducting DNA testing, pose a risk 9 of harm, intimidation, embarrassment, reprisal, or other substantially 10 negative consequences to any person, undermine the proper functions of 11 law enforcement including the confidentiality of informants, or on the 12 basis of any other factor identified by the court in the interests of 13 justice or public safety. The court shall further ensure that any prop- 14 erty produced pursuant to this paragraph is subject to a protective 15 order, where appropriate. The court shall deny any request made pursuant 16 to this paragraph where: 17 § 39. Subdivision 3 of section 610.20 of the criminal procedure law, 18 as amended by section 3 of part LLL of chapter 59 of the laws of 2019, 19 is amended to read as follows: 20 3. An attorney for a defendant in a criminal action or proceeding, as 21 an officer of a criminal court, may issue a subpoena of such court, 22 subscribed by himself or herself, for the attendance in such court of 23 any witness whom the defendant is entitled to call in such action or 24 proceeding. An attorney for a defendant may not issue a subpoena duces 25 tecum of the court directed to any department, bureau or agency of the 26 state or of a political subdivision thereof, or to any officer or repre- 27 sentative thereof[, unless the subpoena is indorsed by the court and 28 provides at least three days for the production of the requested materi- 29 als. In the case of an emergency, the court may by order dispense with 30 the three-day production period]. Such a subpoena duces tecum may be 31 issued in behalf of a defendant upon order of a court pursuant to the 32 rules applicable to civil cases as provided in section twenty-three 33 hundred seven of the civil practice law and rules. 34 § 40. Subdivision 4 of section 610.20 of the criminal procedure law is 35 REPEALED. 36 § 41. Subdivision 10 of section 450.10 of the penal law, as amended by 37 section 11 of part LLL of chapter 59 of the laws of 2019, is amended to 38 read as follows: 39 10. Where there has been a failure to comply with the provisions of 40 this section, and where the district attorney does not demonstrate to 41 the satisfaction of the court that such failure has not caused the 42 defendant prejudice, the court shall instruct the jury that it may 43 consider such failure in determining the weight to be given such 44 evidence and may also impose any other sanction set forth in subdivision 45 one of section [245.80] 240.70 of the criminal procedure law; provided, 46 however, that unless the defendant has convinced the court that such 47 failure has caused him or her undue prejudice, the court shall not 48 preclude the district attorney from introducing into evidence the prop- 49 erty, photographs, photocopies, or other reproductions of the property 50 or, where appropriate, testimony concerning its value and condition, 51 where such evidence is otherwise properly authenticated and admissible 52 under the rules of evidence. Failure to comply with any one or more of 53 the provisions of this section shall not for that reason alone be 54 grounds for dismissal of the accusatory instrument. 
 S. 5017 29 1 § 42. Section 460.80 of the penal law, as amended by section 12 of 2 part LLL of chapter 59 of the laws of 2019, is amended to read as 3 follows: 4 § 460.80 Court ordered disclosure. 5 Notwithstanding the provisions of article two hundred [forty-five] 6 forty of the criminal procedure law, when forfeiture is sought pursuant 7 to section 460.30 of this article, the court may order discovery of any 8 property not otherwise disclosed which is material and reasonably neces- 9 sary for preparation by the defendant with respect to the forfeiture 10 proceeding pursuant to such section. The court may issue a protective 11 order denying, limiting, conditioning, delaying or regulating such 12 discovery where a danger to the integrity of physical evidence or a 13 substantial risk of physical harm, intimidation, economic reprisal, 14 bribery or unjustified annoyance or embarrassment to any person or an 15 adverse effect upon the legitimate needs of law enforcement, including 16 the protection of the confidentiality of informants, or any other factor 17 or set of factors outweighs the usefulness of the discovery. 18 § 43. Subdivision 5 of section 480.10 of the penal law, as amended by 19 section 13 of part LLL of chapter 59 of the laws of 2019, is amended to 20 read as follows: 21 5. In addition to information required to be disclosed pursuant to 22 article two hundred [forty-five] forty of the criminal procedure law, 23 when forfeiture is sought pursuant to this article, and following the 24 defendant's arraignment on the special forfeiture information, the court 25 shall order discovery of any information not otherwise disclosed which 26 is material and reasonably necessary for preparation by the defendant 27 with respect to a forfeiture proceeding brought pursuant to this arti- 28 cle. Such material shall include those portions of the grand jury 29 minutes and such other information which pertain solely to the special 30 forfeiture information and shall not include information which pertains 31 to the criminal charges. Upon application of the prosecutor, the court 32 may issue a protective order pursuant to section [245.70] 240.40 of the 33 criminal procedure law with respect to any information required to be 34 disclosed pursuant to this subdivision. 35 § 44. Subdivision 5 of section 216 of the judiciary law is REPEALED. 36 § 45. Section 837-u of the executive law is REPEALED. 37 § 46. This act shall take effect immediately; provided, however, that 38 the amendments to subdivision 9 of section 65.20 of the criminal proce- 39 dure law made by section thirty-two of this act shall not affect the 40 repeal of such section and shall be deemed repealed therewith.