STATE OF NEW YORK ________________________________________________________________________ 5118 2025-2026 Regular Sessions IN SENATE February 19, 2025 ___________ Introduced by Sens. BORRELLO, OBERACKER, PALUMBO, STEC -- 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; and to repeal certain provisions of the criminal procedure law, the judiciary law and the executive law relat- ing thereto 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 Subdivision 3 of section 150.10 of the criminal procedure 2 law is REPEALED. 3 § 2.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 1.20 of the criminal procedure law, as 4 amended by chapter 450 of the laws of 2019, is amended to read as 5 follows: 6 1. "Accusatory instrument" means[: (a)] an indictment, an indictment 7 ordered reduced pursuant to subdivision one-a of section 210.20 of this 8 chapter, an information, a simplified information, a prosecutor's infor- 9 mation, a superior court information, a misdemeanor complaint or a felo- 10 ny complaint. Every accusatory instrument, regardless of the person 11 designated therein as accuser, constitutes an accusation on behalf of 12 the state as plaintiff and must be entitled "the people of the state of 13 New York" against a designated person, known as the defendant[; and 14 (b) an appearance ticket issued for a parking infraction when (i) such 15 ticket is based on personal knowledge or information and belief of the 16 police officer or other public servant who issues the ticket, (ii) the 17 police officer or other public servant who issues such ticket verifies 18 that false statements made therein are punishable as a class A misdemea- 19 nor, (iii) the infraction or infractions contained therein are stated in 20 detail and not in conclusory terms so as to provide the defendant with 21 sufficient notice including, but not limited, to the applicable EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09311-01-5
S. 5118 2 1 provision of law allegedly violated, and the date, time and particular 2 place of the alleged infraction, and (iv) such ticket contains: (1) the 3 license plate designation of the ticketed vehicle, (2) the license plate 4 type of the ticketed vehicle, (3) the expiration of the ticketed vehi- 5 cle's registration, (4) the make or model of the ticketed vehicle, and 6 (5) the body type of the ticketed vehicle, provided, however, that where 7 the plate type or the expiration date are not shown on either the regis- 8 tration plates or sticker of a vehicle or where the registration sticker 9 is covered, faded, defaced or mutilated so that it is unreadable, the 10 plate type or the expiration date may be omitted, provided, further, 11 however, that such condition must be so described and inserted on the 12 instrument]. 13 § 3. Subdivision 1 of section 150.20 of the criminal procedure law, as 14 amended by section 1-a of part JJJ of chapter 59 of the laws of 2019, 15 paragraph (a) as separately amended by section 1 of subpart B of part VV 16 of chapter 56 of the laws of 2023 and chapter 23 of the laws of 2024, 17 subparagraph (viii) of paragraph (b) as amended and subparagraphs (ix), 18 (x) and (xi) of paragraph (b) as added by section 1 of subpart B of part 19 UU of chapter 56 of the laws of 2022, is amended to read as follows: 20 1. [(a)] Whenever a police officer is authorized pursuant to section 21 140.10 of this title to arrest a person without a warrant for an offense 22 other than a class A, B, C or D felony or a violation of section 130.25, 23 former section 130.40, section 205.10, 205.17, 205.19 or 215.56 of the 24 penal law, or other than where an arrest is required to be made pursuant 25 to subdivision four of section 140.10 of this title, the officer [shall, 26 except as set out in paragraph (b) of this subdivision] may, subject to 27 the provisions of subdivisions three and four of section 150.40 of this 28 [title] article, instead issue to and serve upon such person an appear- 29 ance ticket. 30 [(b) An officer is not required to issue an appearance ticket if: 31 (i) the person has one or more outstanding local criminal court or 32 superior court warrants; 33 (ii) the person has failed to appear in court proceedings in the last 34 two years; 35 (iii) the person has been given a reasonable opportunity to make their 36 verifiable identity and a method of contact known, and has been unable 37 or unwilling to do so, so that a custodial arrest is necessary to 38 subject the individual to the jurisdiction of the court. For the 39 purposes of this section, an officer may rely on various factors to 40 determine a person's identity, including but not limited to personal 41 knowledge of such person, such person's self-identification, or photo- 42 graphic identification. There is no requirement that a person present 43 photographic identification in order to be issued an appearance ticket 44 in lieu of arrest where the person's identity is otherwise verifiable; 45 however, if offered by such person, an officer shall accept as evidence 46 of identity the following: a valid driver's license or non-driver iden- 47 tification card issued by the commissioner of motor vehicles, the feder- 48 al government, any United States territory, commonwealth or possession, 49 the District of Columbia, a state government or municipal government 50 within the United States or a provincial government of the dominion of 51 Canada; a valid passport issued by the United States government or any 52 other country; an identification card issued by the armed forces of the 53 United States; a public benefit card, as defined in paragraph (a) of 54 subdivision one of section 158.00 of the penal law;
S. 5118 3 1 (iv) the person is charged with a crime between members of the same 2 family or household, as defined in subdivision one of section 530.11 of 3 this chapter; 4 (v) the person is charged with a crime defined in article 130 of the 5 penal law; 6 (vi) it reasonably appears the person should be brought before the 7 court for consideration of issuance of an order of protection, pursuant 8 to section 530.13 of this chapter, based on the facts of the crime or 9 offense that the officer has reasonable cause to believe occurred; 10 (vii) the person is charged with a crime for which the court may 11 suspend or revoke his or her driver license; 12 (viii) it reasonably appears to the officer, based on the observed 13 behavior of the individual in the present contact with the officer and 14 facts regarding the person's condition that indicates a sign of distress 15 to such a degree that the person would face harm without immediate 16 medical or mental health care, that bringing the person before the court 17 would be in such person's interest in addressing that need; provided, 18 however, that before making the arrest, the officer shall make all 19 reasonable efforts to assist the person in securing appropriate 20 services; 21 (ix) the person is eighteen years of age or older and charged with 22 criminal possession of a weapon on school grounds as defined in section 23 265.01-a of the penal law; 24 (x) the person is eighteen years of age or older and charged with a 25 hate crime as defined in section 485.05 of the penal law; or 26 (xi) the offense is a qualifying offense pursuant to paragraph (t) of 27 subdivision four of section 510.10 of this chapter, or pursuant to para- 28 graph (t) of subdivision four of section 530.40 of this chapter.] 29 § 4. The criminal procedure law is amended by adding a new section 30 150.30 to read as follows: 31 § 150.30 Appearance ticket; issuance and service thereof after arrest 32 upon posting of pre-arraignment bail. 33 1. Issuance and service of an appearance ticket by a police officer 34 following an arrest without a warrant, as prescribed in subdivision two 35 of section 150.20 of this article, may be made conditional upon the 36 posting of a sum of money, known as pre-arraignment bail. In such case, 37 the bail becomes forfeit upon failure of such person to comply with the 38 directions of the appearance ticket. The person posting such bail must 39 complete and sign a form which states (a) the name, residential address 40 and occupation of each person posting cash bail; and (b) the title of 41 the criminal action or proceeding involved; and (c) the offense or 42 offenses which are the subjects of the action or proceeding involved, 43 and the status of such action or proceeding; and (d) the name of the 44 principal and the nature of such principal's involvement in or 45 connection with such action or proceeding; and (e) the date of the prin- 46 cipal's next appearance in court; and (f) an acknowledgement that the 47 cash bail will be forfeited if the principal does not comply with the 48 directions of the appearance ticket; and (g) the amount of money posted 49 as cash bail. Such pre-arraignment bail may be posted as provided in 50 subdivision two or three of this section. 51 2. A desk officer in charge at a police station, county jail, or 52 police headquarters, or any of such desk officer's superior officers, 53 may in such place, fix pre-arraignment bail, in an amount prescribed in 54 this subdivision, and upon the posting thereof must issue and serve an 55 appearance ticket upon the arrested person, give a receipt for the bail,
S. 5118 4 1 and release such person from custody. Such pre-arraignment bail may be 2 fixed in the following amounts: 3 (a) If the arrest was for a class E felony, any amount not exceeding 4 seven hundred fifty dollars. 5 (b) If the arrest was for a class A misdemeanor, any amount not 6 exceeding five hundred dollars. 7 (c) If the arrest was for a class B misdemeanor or an unclassified 8 misdemeanor, any amount not exceeding two hundred fifty dollars. 9 (d) If the arrest was for a petty offense, any amount not exceeding 10 one hundred dollars. 11 3. A police officer, who has arrested a person without a warrant 12 pursuant to subdivision two of section 150.20 of this article for a 13 traffic infraction, may, where such police officer reasonably believes 14 that such arrested person is not licensed to operate a motor vehicle by 15 this state or any state covered by a reciprocal compact guaranteeing 16 appearance as is provided in section five hundred seventeen of the vehi- 17 cle and traffic law, fix pre-arraignment bail in the amount of fifty 18 dollars; provided, however, such bail shall be posted by means of a 19 credit card or similar device. Upon the posting thereof, said officer 20 must issue and serve an appearance ticket upon the arrested person, give 21 a receipt for the bail, and release such person from custody. 22 4. The chief administrator of the courts shall establish a system for 23 the posting of pre-arraignment bail by means of credit card or similar 24 device, as is provided by section two hundred twelve of the judiciary 25 law. The head of each police department or police force and of any state 26 department, agency, board, commission or public authority having police 27 officers who fix pre-arraignment bail as provided herein may elect to 28 use the system established by the chief administrator or may establish 29 such other system for the posting of pre-arraignment bail by means of 30 credit card or similar device as they may deem appropriate. 31 § 5. Subdivision 1 of section 150.40 of the criminal procedure law, as 32 amended by section 8 of part UU of chapter 56 of the laws of 2020, is 33 amended to read as follows: 34 1. An appearance ticket must be made returnable [at a date as soon as 35 possible, but in no event later than twenty days from the date of issu- 36 ance; or at the next scheduled session of the appropriate local criminal 37 court if such session is scheduled to occur more than twenty days from 38 the date of issuance; or at a later date, with the court's permission 39 due to enrollment in a pre-arraignment diversion program. The appearance 40 ticket shall be made returnable] in a local criminal court designated in 41 section 100.55 of this title as one with which an information for the 42 offense in question may be filed. 43 § 6. Subdivision 1 of section 150.50 of the criminal procedure law, as 44 amended by chapter 450 of the laws of 2019, is amended to read as 45 follows: 46 1. A police officer or other public servant who has issued and served 47 an appearance ticket must, at or before the time such appearance ticket 48 is returnable, file or cause to be filed with the local criminal court 49 in which it is returnable a local criminal court accusatory instrument 50 charging the person named in such appearance ticket with the offense 51 specified therein[; provided, however, that no separate accusatory 52 instrument shall be required to be filed for an appearance ticket issued 53 for a parking infraction which conforms to the requirements set forth in 54 paragraph (b) of subdivision one of section 1.20 of this chapter]. Noth- 55 ing herein contained shall authorize the use of a simplified information 56 when not authorized by law.
S. 5118 5 1 § 7. Section 150.80 of the criminal procedure law is REPEALED. 2 § 8. Subdivisions 3-a, 3-b, 21 and 22 of section 500.10 of the crimi- 3 nal procedure law are REPEALED. 4 § 9. Subdivisions 5, 6, 7 and 9 of section 500.10 of the criminal 5 procedure law, subdivision 5 as amended by section 1 of subpart A of 6 part VV of chapter 56 of the laws of 2023, and subdivisions 6, 7 and 9 7 as amended by section 1-e of part JJJ of chapter 59 of the laws of 2019, 8 are amended to read as follows: 9 5. "Securing order" means an order of a court committing a principal 10 to the custody of the sheriff or fixing bail, [where authorized,] or 11 releasing the principal on the principal's own recognizance [or releas- 12 ing the principal under non-monetary conditions], or, as otherwise 13 authorized under this title, ordering non-monetary conditions in 14 conjunction with fixing bail. 15 6. "Order of recognizance or bail" means a securing order releasing a 16 principal on the principal's own recognizance or [under non-monetary 17 conditions or, where authorized,] fixing bail. 18 7. "Application for recognizance or bail" means an application by a 19 principal that the court, instead of committing the principal to or 20 retaining the principal in the custody of the sheriff, either release 21 the principal on the principal's own recognizance[, release under non- 22 monetary conditions, or, where authorized,] or fix bail. 23 9. "Bail" means cash bail[,] or a bail bond [or money paid with a 24 credit card]. 25 § 10. Section 510.10 of the criminal procedure law, as amended by 26 section 2 of part JJJ of chapter 59 of the laws of 2019, the opening 27 paragraph as added and the opening paragraph of subdivision 1, subdivi- 28 sion 3 and the opening paragraph of subdivision 4 as amended by section 29 2 of subpart A of part VV of chapter 56 of the laws of 2023, subdivision 30 1 as amended by section 1 of subpart C of part UU of chapter 56 of the 31 laws of 2022, subdivision 4 as amended by section 2 of part UU of chap- 32 ter 56 of the laws of 2020, and paragraphs (s) and (t) of subdivision 4 33 as amended and paragraph (u) of subdivision 4 as added by section 2 of 34 subpart B of part UU of chapter 56 of the laws of 2022, is amended to 35 read as follows: 36 § 510.10 Securing order[; when required; alternatives available; stand- 37 ard to be applied]. 38 The imposition of a specific type of securing order is in some cases 39 required by law and in other cases within the discretion of the court in 40 accordance with the principles of, and pursuant to its authority granted 41 under, this title. 42 1. When a principal, whose future court attendance at a criminal 43 action or proceeding is or may be required, initially comes under the 44 control of a court, such court shall [impose], by a securing order [in 45 accordance with this title], either release the principal on the princi- 46 pal's own recognizance, fix bail or commit the principal to the custody 47 of the sheriff. [Except as otherwise required by law, the court shall 48 make an individualized determination as to whether the principal poses a 49 risk of flight to avoid prosecution, consider the kind and degree of 50 control or restriction necessary to reasonably assure the principal's 51 return to court, and select a securing order consistent with its deter- 52 mination under this subdivision. The court shall explain the basis for 53 its determination and its choice of securing order on the record or in 54 writing. In making a determination under this subdivision, the court 55 must consider and take into account available information about the 56 principal, including:
S. 5118 6 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 30 principal'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 as 34 provided for in subdivision three-a of section 500.10 of this title that 35 will reasonably assure the principal's return to court. The court shall 36 explain its choice of securing order on the record or in writing. 37 4. Where the principal stands charged with a qualifying offense, the 38 court, unless otherwise prohibited by law, may in its discretion release 39 the principal pending trial on the principal's own recognizance or under 40 non-monetary conditions, fix bail, or order non-monetary conditions in 41 conjunction with fixing bail, or, where the defendant is charged with a 42 qualifying offense which is a felony, the court may commit the principal 43 to the custody of the sheriff. A principal stands charged with a quali- 44 fying offense for the purposes of this subdivision when he or she stands 45 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. 5118 7 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. 5118 8 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. 5118 9 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 2. The court shall release the principal on personal recognizance or 6 on bail unless the court makes an individualized determination that: 7 (a) the principal poses a risk of flight to avoid prosecution; (b) the 8 principal poses a risk of failing to appear in court based on the prin- 9 cipal's record of a prior criminal conviction or failure to appear in 10 prior court proceedings; or (c) the principal poses a risk of endanger- 11 ing the safety of any other person or the community. If the court finds 12 that the principal poses a risk of flight or a risk of failure to appear 13 but does not pose a risk of endangering the safety of any other person 14 or the community, the court shall release the principal subject to the 15 lowest reasonable bail and/or the least restrictive further condition or 16 combination of conditions that will reasonably ensure the appearance of 17 the principal considering the nature and circumstances of the charged 18 offense, the weight of the evidence, the history and characteristics of 19 the principal, and the nature and seriousness of the danger posed by the 20 principal's release. If the court determines that no condition or combi- 21 nation of conditions will reasonably assure the appearance of the prin- 22 cipal and the safety of any other person of the community, the court 23 shall order detention without bail. 24 3. If the principal is arrested during the interim period while await- 25 ing a preliminary hearing or trial, the court shall revoke or otherwise 26 terminate the securing order and issue a new securing order taking into 27 account the subsequent arrest. 28 4. (a) All securing orders issued under this section where the princi- 29 pal is incarcerated solely because of said order shall be reviewed and 30 re-evaluated by the court no later than: 31 (i) every four weeks thereafter where a class A misdemeanor is the 32 highest grade offense; 33 (ii) every six weeks thereafter where a class E felony is the highest 34 grade offense; 35 (iii) every eight weeks thereafter where a class D felony is the high- 36 est grade offense; 37 (iv) every ten weeks thereafter where a class C felony is the highest 38 grade offense; or 39 (v) every twelve weeks thereafter where a class B felony is the high- 40 est grade offense. 41 (b) Upon such review or re-evaluation, the court shall reconsider 42 whether the principal should be released on personal recognizance or 43 upon posting reduced bail in the interests of justice after considering 44 the length of time the principal has already been incarcerated, the 45 likely sentence that would be imposed if the principal were found guilty 46 or plead guilty to the charged offense, the nature and circumstances of 47 the charged offense, the weight of the evidence, the history and charac- 48 teristics of the principal, the nature and seriousness of the danger 49 posed by the principal's release, and whether the principal should be 50 released subject to a further condition, or combination of conditions, 51 that reasonably justifies the release of the principal on personal 52 recognizance or reduced bail, and such other factors in the interests of 53 justice as reasonably determined by the court based on an individualized 54 determination as to whether and to what extent that the principal 55 continues to pose a risk of flight to avoid prosecution, continues to 56 pose a risk of failing to appear in court based on the principal's
S. 5118 10 1 record of a prior criminal conviction or failure to appear in prior 2 court proceedings, or continues to pose a risk of endangering the safety 3 of any other person or the community. If the court determines that no 4 condition or combination of conditions will reasonably ensure the 5 appearance of the principal and the safety of any other person of the 6 community, the court shall continue to detain the principal without bail 7 or without a reduction in the amount of the bail. 8 § 11. Section 510.20 of the criminal procedure law, as amended by 9 section 3 of part JJJ of chapter 59 of the laws of 2019, subdivision 1 10 and paragraph (b) of subdivision 2 as amended and subdivision 3 as added 11 by section 3 of subpart A of part VV of chapter 56 of the laws of 2023, 12 is amended to read as follows: 13 § 510.20 Application for [a change in securing order] recognizance or 14 bail; making and determination thereof in general. 15 1. Upon any occasion when a court [has issued] is required to issue a 16 securing order with respect to a principal [and the], or at any time 17 when a principal is confined in the custody of the sheriff as a result 18 of the securing order or a previously issued securing order, the princi- 19 pal may make an application for recognizance[, release under non-mone- 20 tary conditions, bail, a reduction of bail, or imposition of non-mone- 21 tary conditions in conjunction with bail] or [a reduction of] bail. 22 2. [(a) The principal is entitled to representation by counsel in the 23 making and presentation of such application. If the principal is finan- 24 cially unable to obtain counsel, counsel shall be assigned to the prin- 25 cipal. 26 (b)] Upon such application, the principal must be accorded an opportu- 27 nity to be heard[, present evidence] and to contend that an order of 28 recognizance[, release under non-monetary conditions] or[, where author- 29 ized, bail, a reduction of bail, or imposition of non-monetary condi- 30 tions in conjunction with bail or a reduction of] bail[,] must or should 31 issue, that the court should release the principal on the principal's 32 own recognizance [or under non-monetary conditions] rather than fix 33 bail, [or where bail has been imposed, reduce the amount of bail and 34 impose non-monetary conditions, where authorized under this title,] and 35 that if bail is [authorized and] fixed it should be in a suggested 36 amount and form. 37 3. When an application for a change in securing order is brought under 38 this section and one or more of the charge or charges on which such 39 securing order was based have been dismissed and/or reduced such that 40 the securing order is no longer supported by the provisions of section 41 510.10 of this article, the court shall impose a new securing order in 42 accordance with such section. 43 § 12. Section 510.30 of the criminal procedure law, as amended by 44 section 5 of part JJJ of chapter 59 of the laws of 2019, subdivision 1 45 as amended by section 4 of subpart A of part VV of chapter 56 of the 46 laws of 2023, is amended to read as follows: 47 § 510.30 Application for [securing order] recognizance or bail; rules of 48 law and criteria controlling determination. 49 1. Determinations of applications for recognizance or bail are not in 50 all cases discretionary but are subject to rules, prescribed in article 51 five hundred thirty of this title and other provisions of law relating 52 to specific kinds of criminal actions and proceedings, providing (a) 53 that in some circumstances such an application must as a matter of law 54 be granted, (b) that in others it must as a matter of law be denied and 55 the principal committed to or retained in the custody of the sheriff,
S. 5118 11 1 and (c) that in others the granting or denial thereof is a matter of 2 judicial discretion. 3 2. To the extent that the issuance of an order of recognizance or bail 4 and the terms thereof are matters of discretion rather than of law, an 5 application is determined on the basis of the following factors and 6 criteria: 7 (a) With respect to any principal, the court [in all cases, unless 8 otherwise provided by law,] must [impose a securing order in accordance 9 with section 510.10 of this article, and shall explain the basis for its 10 determination and choice of securing order on the record or in writing] 11 consider the kind and degree of control or restriction that is necessary 12 to secure the principal's return to court when required. In determining 13 that matter, the court must, on the basis of available information, 14 consider and take into account: 15 (i) The principal's character, reputation, habits and mental condi- 16 tion; 17 (ii) The principal's employment and financial resources; 18 (iii) The principal's family ties and the length of such principal's 19 residence if any in the community; 20 (iv) The principal's criminal record, if any; 21 (v) The principal's record of previous adjudication as a juvenile 22 delinquent, as retained pursuant to section 354.2 of the family court 23 act, or, of pending cases where fingerprints are retained pursuant to 24 section 306.1 of such act, or a youthful offender, if any; 25 (vi) The principal's previous record if any in responding to court 26 appearances when required or with respect to flight to avoid criminal 27 prosecution; 28 (vii) Where the principal is charged with a crime or crimes against a 29 member or members of the same family or household as that term is 30 defined in subdivision one of section 530.11 of this title, the follow- 31 ing factors: 32 (A) any violation by the principal of an order of protection issued by 33 any court; and 34 (B) the principal's history of use or possession of a firearm; 35 (viii) If the principal is a defendant, the weight of the evidence 36 against such principal in the pending criminal action and any other 37 factor indicating probability or improbability of conviction; or, in the 38 case of an application for bail or recognizance pending appeal, the 39 merit or lack of merit of the appeal; and 40 (ix) If the principal is a defendant, the sentence which may be or has 41 been imposed upon conviction. 42 [2.] (b) Where the principal is a defendant-appellant in a pending 43 appeal from a judgment of conviction, the court must also consider the 44 likelihood of ultimate reversal of the judgment. A determination that 45 the appeal is palpably without merit alone justifies, but does not 46 require, a denial of the application, regardless of any determination 47 made with respect to the factors specified in paragraph (a) of this 48 subdivision [one of this section]. 49 3. When bail or recognizance is ordered, the court shall inform the 50 principal, if the principal is a defendant charged with the commission 51 of a felony, that the release is conditional and that the court may 52 revoke the order of release and [may be authorized] to commit the prin- 53 cipal to the custody of the sheriff in accordance with the provisions of 54 subdivision two of section 530.60 of this [chapter] title if the princi- 55 pal commits a subsequent felony while at liberty upon such order.
S. 5118 12 1 § 13. Section 510.40 of the criminal procedure law, as amended by 2 section 6 of part JJJ of chapter 59 of the laws of 2019, subdivision 3 3 and paragraph (b) of subdivision 4 as amended by section 5 of subpart A 4 of part VV of chapter 56 of the laws of 2023, and paragraph (c) of 5 subdivision 4 as amended by section 7 of part UU of chapter 56 of the 6 laws of 2020, is amended to read as follows: 7 § 510.40 [Court notification to principal of conditions of release and 8 of alleged violations of conditions of release] Application 9 for recognizance or bail; determination thereof, form of 10 securing order and execution thereof. 11 1. An application for recognizance or bail must be determined by a 12 securing order which either: 13 (a) Grants the application and releases the principal on their own 14 recognizance; or 15 (b) Grants the application and fixes bail; or 16 (c) Denies the application and commits the principal to, or retains 17 such principal in, the custody of the sheriff. 18 2. Upon ordering that a principal be released on the principal's own 19 recognizance, [or released under non-monetary conditions, or, if bail 20 has been fixed, upon the posting of bail,] the court must direct the 21 principal to appear in the criminal action or proceeding involved when- 22 ever the principal's attendance may be required and to [be] render the 23 principal at all times amenable to the orders and processes of the 24 court. If such principal is in the custody of the sheriff or at liberty 25 upon bail at the time of the order, the court must direct that the prin- 26 cipal be discharged from such custody or, as the case may be, that the 27 principal's bail be exonerated. 28 [2.] 3. Upon the issuance of an order fixing bail[, where authorized,] 29 and upon the posting thereof, the court must examine the bail to deter- 30 mine whether it complies with the order. If it does, the court must, in 31 the absence of some factor or circumstance which in law requires or 32 authorizes disapproval thereof, approve the bail and must issue a 33 certificate of release, authorizing the principal to be at liberty, and, 34 if the principal is in the custody of the sheriff at the time, directing 35 the sheriff to discharge the principal therefrom. If the bail fixed is 36 not posted, or is not approved after being posted, the court must order 37 that the principal be committed to the custody of the sheriff. [In the 38 event of any such non-approval, the court shall explain promptly in 39 writing the reasons therefor. 40 3. Non-monetary conditions of release shall be individualized and 41 established in writing by the court. At future court appearances, the 42 court shall consider a lessening of conditions or modification of condi- 43 tions to a less burdensome form based on the principal's compliance with 44 such conditions of release. In the event of alleged non-compliance with 45 the conditions of release in an important respect, pursuant to this 46 subdivision, additional conditions may be imposed by the court, on the 47 record or in writing, only after notice of the facts and circumstances 48 of such alleged non-compliance, reasonable under the circumstances, 49 affording the principal and the principal's attorney and the people an 50 opportunity to present relevant, admissible evidence, relevant witnesses 51 and to cross-examine witnesses, and a finding by clear and convincing 52 evidence that the principal violated a condition of release in an impor- 53 tant respect. Following such a finding, in determining whether to impose 54 additional conditions for non-compliance, the court shall consider and 55 may select conditions as provided for in subdivision three-a of section 56 500.10 of this title that will reasonably assure the defendant's return
S. 5118 13 1 to court. The court shall explain on the record or in writing the 2 reasons for its determination and for any changes to the conditions 3 imposed. 4 4. (a) Electronic monitoring of a principal's location may be ordered 5 only if the court finds, after notice, an opportunity to be heard and an 6 individualized determination explained on the record or in writing, that 7 the defendant qualifies for electronic monitoring in accordance with 8 subdivision twenty-one of section 500.10 of this title, and no other 9 realistic non-monetary condition or set of non-monetary conditions will 10 suffice to reasonably assure a principal's return to court. 11 (b) The specific method of electronic monitoring of the principal's 12 location must be approved by the court. The procedure and method of such 13 electronic monitoring shall reflect the findings of the individualized 14 determination warranting such imposition of electronic monitoring to 15 reasonably assure the principal's return to court, and shall be unobtru- 16 sive to the greatest extent practicable. 17 (c) Electronic monitoring of the location of a principal may be 18 conducted only by a public entity under the supervision and control of a 19 county or municipality or a non-profit entity under contract to the 20 county, municipality or the state. A county or municipality shall be 21 authorized to enter into a contract with another county or municipality 22 in the state to monitor principals under non-monetary conditions of 23 release in its county, but counties, municipalities and the state shall 24 not contract with any private for-profit entity for such purposes. 25 Counties, municipalities and the state may contract with a private for- 26 profit entity to supply electronic monitoring devices or other items, 27 provided that any interaction with persons under electronic monitoring 28 or the data produced by such monitoring shall be conducted solely by 29 employees of a county, municipality, the state, or a non-profit entity 30 under contract with such county, municipality or the state. 31 (d) Electronic monitoring of a principal's location may be for a maxi- 32 mum period of sixty days, and may be renewed for such period, after 33 notice, an opportunity to be heard and a de novo, individualized deter- 34 mination in accordance with this subdivision, which shall be explained 35 on the record or in writing. 36 A defendant subject to electronic location monitoring under this 37 subdivision shall be considered held or confined in custody for purposes 38 of section 180.80 of this chapter and shall be considered committed to 39 the custody of the sheriff for purposes of section 170.70 of the chap- 40 ter, as applicable. 41 5. If a principal is released under non-monetary conditions, the court 42 shall, on the record and in an individualized written document provided 43 to the principal, notify the principal, in plain language and a manner 44 sufficiently clear and specific: 45 (a) of any conditions to which the principal is subject, to serve as a 46 guide for the principal's conduct; and 47 (b) that the possible consequences for violation of such a condition 48 may include revocation of the securing order and the ordering of a more 49 restrictive securing order.] 50 § 14. Sections 510.43 and 510.45 of the criminal procedure law are 51 REPEALED. 52 § 15. Section 510.50 of the criminal procedure law, as amended by 53 section 9 of part JJJ of chapter 59 of the laws of 2019, is amended to 54 read as follows: 55 § 510.50 Enforcement of securing order.
S. 5118 14 1 [1.] When the attendance of a principal confined in the custody of the 2 sheriff is required at the criminal action or proceeding at a particular 3 time and place, the court may compel such attendance by directing the 4 sheriff to produce the principal at such time and place. If the princi- 5 pal is at liberty on the principal's own recognizance [or non-monetary 6 conditions] or on bail, the principal's attendance may be achieved or 7 compelled by various methods, including notification and the issuance of 8 a bench warrant, prescribed by law in provisions governing such matters 9 with respect to the particular kind of action or proceeding involved. 10 [2. Except when the principal is charged with a new crime while at 11 liberty, absent relevant, credible evidence demonstrating that a princi- 12 pal's failure to appear for a scheduled court appearance was willful, 13 the court, prior to issuing a bench warrant for a failure to appear for 14 a scheduled court appearance, shall provide at least forty-eight hours 15 notice to the principal or the principal's counsel that the principal is 16 required to appear, in order to give the principal an opportunity to 17 appear voluntarily.] 18 § 16. Paragraph (b) of subdivision 2 of section 520.10 of the criminal 19 procedure law, as amended by section 10 of part JJJ of chapter 59 of the 20 laws of 2019, is amended to read as follows: 21 (b) The court [shall] may direct that the bail be posted in any one of 22 [three] two or more of the forms specified in subdivision one of this 23 section, designated in the alternative, and may designate different 24 amounts varying with the forms[, except that one of the forms shall be 25 either an unsecured or partially secured surety bond, as selected by the 26 court]. 27 § 17. Section 530.10 of the criminal procedure law, as amended by 28 section 11 of part JJJ of chapter 59 of the laws of 2019, is amended to 29 read as follows: 30 § 530.10 Order of recognizance [release under non-monetary conditions] 31 or bail; in general. 32 Under circumstances prescribed in this article, a court, upon applica- 33 tion of a defendant charged with or convicted of an offense, is required 34 [to issue a securing order] or authorized to order bail or recognizance 35 for the release or prospective release of such defendant during the 36 pendency of either: 37 1. A criminal action based upon such charge; or 38 2. An appeal taken by the defendant from a judgment of conviction or a 39 sentence or from an order of an intermediate appellate court affirming 40 or modifying a judgment of conviction or a sentence. 41 § 18. Subdivision 4 of section 530.11 of the criminal procedure law, 42 as amended by section 12 of part JJJ of chapter 59 of the laws of 2019, 43 is amended to read as follows: 44 4. When a person is arrested for an alleged family offense or an 45 alleged violation of an order of protection or temporary order of 46 protection or arrested pursuant to a warrant issued by the supreme or 47 family court, and the supreme or family court, as applicable, is not in 48 session, such person shall be brought before a local criminal court in 49 the county of arrest or in the county in which such warrant is return- 50 able pursuant to article one hundred twenty of this chapter. Such local 51 criminal court may issue any order authorized under subdivision eleven 52 of section 530.12 of this article, section one hundred fifty-four-d or 53 one hundred fifty-five of the family court act or subdivision three-b of 54 section two hundred forty or subdivision two-a of section two hundred 55 fifty-two of the domestic relations law, in addition to discharging 56 other arraignment responsibilities as set forth in this chapter. In
S. 5118 15 1 making such order, the local criminal court shall consider [de novo] the 2 bail recommendation [and securing order], if any, made by the supreme or 3 family court as indicated on the warrant or certificate of warrant. 4 Unless the petitioner or complainant requests otherwise, the court, in 5 addition to scheduling further criminal proceedings, if any, regarding 6 such alleged family offense or violation allegation, shall make such 7 matter returnable in the supreme or family court, as applicable, on the 8 next day such court is in session. 9 § 19. Subdivision 11 of section 530.12 of the criminal procedure law, 10 as amended by section 15 of part JJJ of chapter 59 of the laws of 2019, 11 is amended to read as follows: 12 11. If a defendant is brought before the court for failure to obey any 13 lawful order issued under this section, or an order of protection issued 14 by a court of competent jurisdiction in another state, territorial or 15 tribal jurisdiction, and if, after hearing, the court is satisfied by 16 competent proof that the defendant has willfully failed to obey any such 17 order, the court may: 18 (a) revoke an order of recognizance [or release under non-monetary 19 conditions] or revoke an order of bail or order forfeiture of such bail 20 and commit the defendant to custody; or 21 (b) restore the case to the calendar when there has been an adjourn- 22 ment in contemplation of dismissal and commit the defendant to custody; 23 or 24 (c) revoke a conditional discharge in accordance with section 410.70 25 of this chapter and impose probation supervision or impose a sentence of 26 imprisonment in accordance with the penal law based on the original 27 conviction; or 28 (d) revoke probation in accordance with section 410.70 of this chapter 29 and impose a sentence of imprisonment in accordance with the penal law 30 based on the original conviction. In addition, if the act which consti- 31 tutes the violation of the order of protection or temporary order of 32 protection is a crime or a violation the defendant may be charged with 33 and tried for that crime or violation. 34 § 20. The opening paragraph of subdivision 1 of section 530.13 of the 35 criminal procedure law, as amended by section 14 of part JJJ of chapter 36 59 of the laws of 2019, is amended to read as follows: 37 When any criminal action is pending, and the court has not issued a 38 temporary order of protection pursuant to section 530.12 of this arti- 39 cle, the court, in addition to the other powers conferred upon it by 40 this chapter, may for good cause shown issue a temporary order of 41 protection in conjunction with any securing order committing the defend- 42 ant to the custody of the sheriff or as a condition of a pre-trial 43 release, or as a condition of release on bail or an adjournment in 44 contemplation of dismissal. In addition to any other conditions, such an 45 order may require that the defendant: 46 § 21. Paragraph (a) of subdivision 8 of section 530.13 of the criminal 47 procedure law, as amended by section 13 of part JJJ of chapter 59 of the 48 laws of 2019, is amended to read as follows: 49 (a) revoke an order of recognizance[, release under non-monetary 50 conditions] or bail and commit the defendant to custody; or 51 § 22. Section 530.20 of the criminal procedure law is REPEALED and a 52 new section 530.20 is added to read as follows: 53 § 530.20 Order of recognizance or bail; by local criminal court when 54 action is pending therein.
S. 5118 16 1 When a criminal action is pending in a local criminal court, such 2 court, upon application of a defendant, must or may order recognizance 3 or bail as follows: 4 1. When the defendant is charged, by information, simplified informa- 5 tion, prosecutor's information or misdemeanor complaint, with an offense 6 or offenses of less than felony grade only, the court must order recog- 7 nizance or bail. 8 2. When the defendant is charged, by felony complaint, with a felony, 9 the court may, in its discretion, order recognizance or bail except as 10 otherwise provided in this subdivision: 11 (a) A city court, a town court or a village court may not order recog- 12 nizance or bail when (i) the defendant is charged with a class A felony, 13 or (ii) it appears that the defendant has two previous felony 14 convictions; 15 (b) No local criminal court may order recognizance or bail with 16 respect to a defendant charged with a felony unless and until: 17 (i) The district attorney has been heard in the matter or, after know- 18 ledge or notice of the application and reasonable opportunity to be 19 heard, has failed to appear at the proceeding or has otherwise waived 20 such defendant's right to do so; and 21 (ii) The court has been furnished with a report of the division of 22 criminal justice services concerning the defendant's criminal record if 23 any or with a police department report with respect to the defendant's 24 prior arrest record. If neither report is available, the court, with the 25 consent of the district attorney, may dispense with this requirement; 26 provided, however, that in an emergency, including but not limited to a 27 substantial impairment in the ability of such division or police depart- 28 ment to timely furnish such report, such consent shall not be required 29 if, for reasons stated on the record, the court deems it unnecessary. 30 When the court has been furnished with any such report or record, it 31 shall furnish a copy thereof to counsel for the defendant or, if the 32 defendant is not represented by counsel, to the defendant. 33 3. The court shall make an individualized determination if: (a) the 34 defendant poses a risk of flight to avoid prosecution; (b) the defendant 35 poses a risk of failing to appear in court based on the defendant's 36 record of a prior criminal conviction or failure to appear in prior 37 court proceedings; or (c) the defendant poses a risk of endangering the 38 safety of any other person or the community. If the court finds that the 39 defendant poses a risk of flight or a risk of failure to appear but does 40 not pose a risk of endangering the safety of any other person or the 41 community, the court shall release the defendant subject to the lowest 42 reasonable bail and/or the least restrictive further condition or combi- 43 nation of conditions that will reasonably ensure the appearance of the 44 defendant considering the nature and circumstances of the charged 45 offense, the weight of the evidence, the history and characteristics of 46 the defendant, and the nature and seriousness of the danger posed by the 47 defendant's release. If the court determines that no condition or combi- 48 nation of conditions will reasonably assure the appearance of the 49 defendant and the safety of any other person of the community, the court 50 shall order detention without bail. 51 4. If the defendant is arrested during the interim period while await- 52 ing a preliminary hearing or trial, the court shall revoke or otherwise 53 terminate the previous order and issue a new order taking into account 54 the subsequent arrest.
S. 5118 17 1 5. (a) All orders issued under this section where the defendant is 2 incarcerated solely because of said order shall be reviewed and re-eval- 3 uated by the court no later than: 4 (i) every four weeks thereafter where a class A misdemeanor is the 5 highest grade offense; 6 (ii) every six weeks thereafter where a class E felony is the highest 7 grade offense; 8 (iii) every eight weeks thereafter where a class D felony is the high- 9 est grade offense; 10 (iv) every ten weeks thereafter where a class C felony is the highest 11 grade offense; or 12 (v) every twelve weeks thereafter where a class B felony is the high- 13 est grade offense. 14 (b) Upon such review or re-evaluation, the court shall reconsider 15 whether the defendant should be released on personal recognizance or 16 upon posting reduced bail in the interests of justice after considering 17 the length of time the defendant has already been incarcerated, the 18 likely sentence that would be imposed if the defendant were found guilty 19 or pled guilty to the charged offense, the nature and circumstances of 20 the charged offense, the weight of the evidence, the history and charac- 21 teristics of the defendant, the nature and seriousness of the danger 22 posed by the defendant's release, and whether the principal should be 23 released subject to a further condition, or combination of conditions, 24 that reasonably justifies the release of the defendant on personal 25 recognizance or reduced bail, and such other factors in the interests of 26 justice as reasonably determined by the court based on an individualized 27 determination as to whether and to what extent that the defendant 28 continues to pose a risk of flight to avoid prosecution, continues to 29 pose a risk of failing to appear in court based on the defendant's 30 record of a prior criminal conviction or failure to appear in prior 31 court proceedings, or continues to pose a risk of endangering the safety 32 of any other person or the community. If the court determines that no 33 condition or combination of conditions will reasonably ensure the 34 appearance of the defendant and the safety of any other person of the 35 community, the court shall continue to detain the defendant without bail 36 or without a reduction in the amount of the bail. 37 § 23. The section heading and subdivisions 1 and 2 of section 530.30 38 of the criminal procedure law, as amended by section 17 of part JJJ of 39 chapter 59 of the laws of 2019, the closing paragraph of subdivision 1 40 as amended by section 7 of subpart A of part VV of chapter 56 of the 41 laws of 2023, are amended to read as follows: 42 Order of recognizance[, release under non-monetary conditions] or 43 bail; by superior court judge when action is pending in local criminal 44 court. 45 1. When a criminal action is pending in a local criminal court, other 46 than one consisting of a superior court judge sitting as such, a judge 47 of a superior court holding a term thereof in the county, upon applica- 48 tion of a defendant, may order recognizance[, release under non-monetary 49 conditions] or[, where authorized,] bail when such local criminal court: 50 (a) Lacks authority to issue such an order, pursuant to the relevant 51 provisions of section 530.20 of this article; or 52 (b) Has denied an application for recognizance[, release under non- 53 monetary conditions] or bail; or 54 (c) Has fixed bail[, where authorized,] which is excessive[; or
S. 5118 18 1 (d) Has set a securing order of release under non-monetary conditions 2 which are more restrictive than necessary to reasonably assure the 3 defendant's return to court]. 4 In such case, such superior court judge may vacate the order of such 5 local criminal court and release the defendant on their own recognizance 6 [or under non-monetary conditions,] or [where authorized,] fix bail in a 7 lesser amount or in a less burdensome form[, or order non-monetary 8 conditions in conjunction with fixing bail, including fixing bail in a 9 lesser amount or in a less burdensome form, the determination for which 10 shall be made in accordance with section 510.10 of this title. The court 11 shall explain the basis for its determination and choice of securing 12 order on the record or in writing]. 13 2. Notwithstanding the provisions of subdivision one of this section, 14 when the defendant is charged with a felony in a local criminal court, a 15 superior court judge may not order recognizance, [release under non-mon- 16 etary conditions] or[, where authorized,] bail unless and until the 17 district attorney has had an opportunity to be heard in the matter and 18 such judge [and counsel for the defendant have] has been furnished with 19 a report as described in subparagraph (ii) of paragraph (b) of subdivi- 20 sion two of section 530.20 of this article. 21 § 24. Section 530.40 of the criminal procedure law is REPEALED and a 22 new section 530.40 is added to read as follows: 23 § 530.40 Order of recognizance or bail; by superior court when action is 24 pending therein. 25 When a criminal action is pending in a superior court, such court, 26 upon application of a defendant, must or may order recognizance or bail 27 as follows: 28 1. When the defendant is charged with an offense or offenses of less 29 than felony grade only, the court must order recognizance or bail. 30 2. When the defendant is charged with a felony, the court may, in its 31 discretion, order recognizance or bail. In any such case in which an 32 indictment (a) has resulted from an order of a local criminal court 33 holding the defendant for the action of the grand jury, or (b) was filed 34 at a time when a felony complaint charging the same conduct was pending 35 in a local criminal court, and in which such local criminal court or a 36 superior court judge has issued an order of recognizance or bail which 37 is still effective, the superior court's order may be in the form of a 38 direction continuing the effectiveness of the previous order. 39 3. Notwithstanding the provisions of subdivision two of this section, 40 a superior court may not order recognizance or bail, or permit a defend- 41 ant to remain at liberty pursuant to an existing order, after the 42 defendant has been convicted of either: (a) a class A felony or (b) any 43 class B or class C felony defined in article one hundred thirty of the 44 penal law committed or attempted to be committed by a person eighteen 45 years of age or older against a person less than eighteen years of age. 46 In either case the court must commit or remand the defendant to the 47 custody of the sheriff. 48 4. Notwithstanding the provisions of subdivision two of this section, 49 a superior court may not order recognizance or bail when the defendant 50 is charged with a felony unless and until the district attorney has had 51 an opportunity to be heard in the matter and such court has been 52 furnished with a report as described in subparagraph (ii) of paragraph 53 (b) of subdivision two of section 530.20 of this article. 54 5. The court shall make an individualized determination if: (a) the 55 defendant poses a risk of flight to avoid prosecution; (b) the defendant 56 poses a risk of failing to appear in court based on the defendant's
S. 5118 19 1 record of a prior criminal conviction or failure to appear in prior 2 court proceedings; or (c) the defendant poses a risk of endangering the 3 safety of any other person or the community. If the court finds that the 4 defendant poses a risk of flight or a risk of failure to appear but does 5 not pose a risk of endangering the safety of any other person or the 6 community, the court shall release the defendant subject to the lowest 7 reasonable bail and/or the least restrictive further condition or combi- 8 nation of conditions that will reasonably ensure the appearance of the 9 defendant considering the nature and circumstances of the charged 10 offense, the weight of the evidence, the history and characteristics of 11 the defendant, and the nature and seriousness of the danger posed by the 12 defendant's release. If the court determines that no condition or combi- 13 nation of conditions will reasonably assure the appearance of the 14 defendant and the safety of any other person of the community, the court 15 shall order detention without bail. 16 6. If the defendant is arrested during the interim period while await- 17 ing a preliminary hearing or trial, the court shall revoke or otherwise 18 terminate the previous order and issue a new order taking into account 19 the subsequent arrest. 20 7. (a) All orders issued under this section where the defendant is 21 incarcerated solely because of said order shall be reviewed and re-eval- 22 uated by the court no later than: 23 (i) every four weeks thereafter where a class A misdemeanor is the 24 highest grade offense; 25 (ii) every six weeks thereafter where a class E felony is the highest 26 grade offense; 27 (iii) every eight weeks thereafter where a class D felony is the high- 28 est grade offense; 29 (iv) every ten weeks thereafter where a class C felony is the highest 30 grade offense; or 31 (v) every twelve weeks thereafter where a class B felony is the high- 32 est grade offense. 33 (b) Upon such review or re-evaluation, the court shall reconsider 34 whether the defendant should be released on personal recognizance or 35 upon posting reduced bail in the interests of justice after considering 36 the length of time the defendant has already been incarcerated, the 37 likely sentence that would be imposed if the defendant were found guilty 38 or pled guilty to the charged offense, the nature and circumstances of 39 the charged offense, the weight of the evidence, the history and charac- 40 teristics of the defendant, the nature and seriousness of the danger 41 posed by the defendant's release, and whether the principal should be 42 released subject to a further condition, or combination of conditions, 43 that reasonably justifies the release of the defendant on personal 44 recognizance or reduced bail, and such other factors in the interests of 45 justice as reasonably determined by the court based on an individualized 46 determination as to whether and to what extent that the defendant 47 continues to pose a risk of flight to avoid prosecution, continues to 48 pose a risk of failing to appear in court based on the defendant's 49 record of a prior criminal conviction or failure to appear in prior 50 court proceedings, or continues to pose a risk of endangering the safety 51 of any other person or the community. If the court determines that no 52 condition or combination of conditions will reasonably ensure the 53 appearance of the defendant and the safety of any other person of the 54 community, the court shall continue to detain the defendant without bail 55 or without a reduction in the amount of the bail.
S. 5118 20 1 § 25. Subdivision 1 of section 530.45 of the criminal procedure law, 2 as amended by section 9 of subpart A part VV of chapter 56 of the laws 3 of 2023, is amended to read as follows: 4 1. When the defendant is at liberty in the course of a criminal action 5 as a result of a prior [securing] order of recognizance or bail and the 6 court revokes such order and then[, where authorized,] either fixes no 7 bail[,] or fixes bail in a greater amount or in a more burdensome form 8 than was previously fixed[, or, in conjunction with the imposition of 9 non-monetary conditions, fixes bail in a greater amount or in a more 10 burdensome form than was previously fixed] and remands or commits the 11 defendant to the custody of the sheriff, [or issues a more restrictive 12 securing order,] a judge designated in subdivision two of this section, 13 upon application of the defendant following conviction of an offense 14 other than a class A felony or a class B or class C felony offense as 15 defined in article one hundred thirty of the penal law committed or 16 attempted to be committed by a person eighteen years of age or older 17 against a person less than eighteen years of age, and before sentencing, 18 may issue a securing order and either release the defendant on the 19 defendant's own recognizance[, release the defendant under non-monetary 20 conditions,] or[, where authorized,] fix bail[, which may be in conjunc- 21 tion with the imposition of non-monetary conditions,] or fix bail in a 22 lesser amount or in a less burdensome form[, which may be in conjunction 23 with the imposition of non-monetary conditions, or issue a less restric- 24 tive securing order,] than fixed by the court in which the conviction 25 was entered. 26 § 26. Subdivision 2-a of section 530.45 of the criminal procedure law 27 is REPEALED. 28 § 27. Section 530.50 of the criminal procedure law, as amended by 29 chapter 264 of the laws of 2003, subdivision 1 as designated by section 30 10 of part UU of chapter 56 of the laws of 2020, and subdivisions 2 and 31 3 as amended by section 10 of subpart A of part VV of chapter 56 of the 32 laws of 2023, is amended to read as follows: 33 § 530.50 Order of recognizance or bail; during pendency of appeal. 34 [1.] A judge who is otherwise authorized pursuant to section 460.50 or 35 [section] 460.60 of this chapter to issue an order of recognizance or 36 bail pending the determination of an appeal, may do so unless the 37 defendant received a class A felony sentence or a sentence for any class 38 B or class C felony offense defined in article one hundred thirty of the 39 penal law committed or attempted to be committed by a person eighteen 40 years of age or older against a person less than eighteen years of age. 41 [2. Notwithstanding the provisions of subdivision four of section 42 510.10, paragraph (b) of subdivision one of section 530.20 and subdivi- 43 sion four of section 530.40 of this title, when a defendant charged with 44 an offense that is not such a qualifying offense applies, pending deter- 45 mination of an appeal, for an order of recognizance or release on non- 46 monetary conditions, where authorized, fixing bail, or ordering non-mon- 47 etary conditions in conjunction with fixing bail, a judge identified in 48 subdivision two of section 460.50 or paragraph (a) of subdivision one of 49 section 460.60 of this chapter may, in accordance with law, and except 50 as otherwise provided by law, issue a securing order: releasing the 51 defendant on the defendant's own recognizance or under non-monetary 52 conditions where authorized, fixing bail, or ordering non-monetary 53 conditions in conjunction with fixing bail, or remanding the defendant 54 to the custody of the sheriff where authorized. 55 3. Where an appeal by the people has been taken from an order dismiss- 56 ing one or more counts of an accusatory instrument for failure to comply
S. 5118 21 1 with a discovery order pursuant to subdivision twelve of section 450.20 2 of this chapter and the defendant is charged with a qualifying offense 3 in the remaining counts in the accusatory instrument, pending determi- 4 nation of an appeal, the defendant may apply for an order of recogni- 5 zance or release on non-monetary conditions, where authorized, fixing 6 bail, or ordering non-monetary conditions in conjunction with fixing 7 bail. A judge identified in subdivision two of section 460.50 of this 8 chapter or paragraph (a) of subdivision one of section 460.60 of this 9 chapter may, in accordance with law, and except as otherwise provided by 10 law, issue a securing order releasing the defendant on the defendant's 11 own recognizance or under non-monetary conditions where authorized, 12 fixing bail, or ordering non-monetary conditions in conjunction with 13 fixing bail, or remanding the defendant to the custody of the sheriff 14 where authorized.] 15 § 28. Section 530.60 of the criminal procedure law, as amended by 16 section 20 of part JJJ of chapter 59 of the laws of 2019, the opening 17 paragraph of paragraph (b), the closing paragraph of subparagraph (i) of 18 paragraph (d) and subparagraph (ii) of paragraph (d) of subdivision 2 as 19 amended and subparagraph (iii) of paragraph (d) of subdivision 2 as 20 added by section 11 of subpart A of part VV of chapter 56 of the laws of 21 2023, is amended to read as follows: 22 § 530.60 [Certain modifications of a securing order] Order of recogni- 23 zance or bail; revocation thereof. 24 1. Whenever in the course of a criminal action or proceeding a defend- 25 ant is at liberty as a result of an order of recognizance[, release 26 under non-monetary conditions] or bail issued pursuant to this chapter, 27 and the court considers it necessary to review such order, [whether due 28 to a motion by the people or otherwise,] the court may, and [except as 29 provided in subdivision two of section 510.50 of this title concerning a 30 failure to appear in court,] by a bench warrant if necessary, require 31 the defendant to appear before the court. Upon such appearance, the 32 court, for good cause shown, may revoke the order of recognizance[, 33 release under non-monetary conditions,] or bail. If the defendant is 34 entitled to recognizance[, release under non-monetary conditions,] or 35 bail as a matter of right, the court must issue another such order. If 36 the defendant is not, the court may either issue such an order or commit 37 the defendant to the custody of the sheriff in accordance with this 38 section. 39 Where the defendant is committed to the custody of the sheriff and is 40 held on a felony complaint, a new period as provided in section 180.80 41 of this chapter shall commence to run from the time of the defendant's 42 commitment under this subdivision. 43 2. (a) Whenever in the course of a criminal action or proceeding a 44 defendant charged with the commission of a felony is at liberty as a 45 result of an order of recognizance[, release under non-monetary condi- 46 tions] or bail issued pursuant to this article it shall be grounds for 47 revoking such order that the court finds reasonable cause to believe the 48 defendant committed one or more specified class A or violent felony 49 offenses or intimidated a victim or witness in violation of section 50 215.15, 215.16 or 215.17 of the penal law while at liberty. 51 [(b) Except as provided in paragraph (a) of this subdivision or any 52 other law, whenever in the course of a criminal action or proceeding a 53 defendant charged with the commission of an offense is at liberty as a 54 result of a securing order issued pursuant to this article it shall be 55 grounds for revoking such order and imposing a new securing order in 56 accordance with paragraph (d) of this subdivision, the basis for which
S. 5118 22 1 shall be made on the record or in writing, in such criminal action or 2 proceeding when the court has found, by clear and convincing evidence, 3 that the defendant: 4 (i) persistently and willfully failed to appear after notice of sched- 5 uled appearances in the case before the court; or 6 (ii) violated an order of protection in the manner prohibited by 7 subdivision (b), (c) or (d) of section 215.51 of the penal law while at 8 liberty; or 9 (iii) stands charged in such criminal action or proceeding with a 10 misdemeanor or violation and, after being so charged, intimidated a 11 victim or witness in violation of section 215.15, 215.16 or 215.17 of 12 the penal law or tampered with a witness in violation of section 215.11, 13 215.12 or 215.13 of the penal law, law while at liberty; or 14 (iv) stands charged in such action or proceeding with a felony and, 15 after being so charged, committed a felony while at liberty. 16 (c)] Before revoking an order of recognizance[, release under non-mon- 17 etary conditions,] or bail pursuant to this subdivision, the court must 18 hold a hearing and shall receive any relevant, admissible evidence not 19 legally privileged. The defendant may cross-examine witnesses and may 20 present relevant, admissible evidence on [his] such defendant's own 21 behalf. Such hearing may be consolidated with, and conducted at the same 22 time as, a felony hearing conducted pursuant to article one hundred 23 eighty of this chapter. A transcript of testimony taken before the grand 24 jury upon presentation of the subsequent offense shall be admissible as 25 evidence during the hearing. The district attorney may move to introduce 26 grand jury testimony of a witness in lieu of that witness' appearance at 27 the hearing. 28 [(d)] (b) Revocation of an order of recognizance[, release under non- 29 monetary conditions] or bail and [a new securing order fixing bail or] 30 commitment[, as specified in this paragraph and] pursuant to this subdi- 31 vision shall be for the following periods, either: 32 [(i) Under paragraph (a) of this subdivision, revocation of the order 33 of recognizance, release under non-monetary conditions or, as the case 34 may be, bail, and a new securing order fixing bail or committing the 35 defendant to the custody of the sheriff shall be as follows: 36 (A)] (i) For a period not to exceed ninety days exclusive of any peri- 37 ods of adjournment requested by the defendant; or 38 [(B)] (ii) Until the charges contained within the accusatory instru- 39 ment have been reduced or dismissed such that no count remains which 40 charges the defendant with commission of a felony; or 41 [(C)] (iii) Until reduction or dismissal of the charges contained 42 within the accusatory instrument charging the subsequent offense such 43 that no count remains which charges the defendant with commission of a 44 class A or violent felony offense. 45 Upon expiration of any of the three periods specified within this 46 [subparagraph] paragraph, whichever is shortest, the court may grant or 47 deny release upon an order of bail or recognizance in accordance with 48 the provisions of this article. Upon conviction to an offense the 49 provisions of this article [five hundred thirty of this chapter] shall 50 apply[;]. 51 [(ii) Under subparagraph (i) of paragraph (b) of this subdivision, 52 revocation of a previously issued securing order shall result in the 53 issuance of a new securing order which may, if otherwise authorized by 54 law, permit the principal's release on recognizance or release under 55 non-monetary conditions, but shall also render the defendant eligible 56 for an order fixing bail, or ordering non-monetary conditions in
S. 5118 23 1 conjunction with fixing bail, provided, however, that in accordance with 2 the principles in this title the court must impose a new securing order 3 in accordance with subdivision one of section 510.10 of this title, and 4 in imposing such order, may consider the circumstances warranting such 5 revocation. Nothing in this subparagraph shall be interpreted as short- 6 ening the period of detention, or requiring or authorizing any less 7 restrictive form of a securing order, which may be imposed pursuant to 8 any other law; and 9 (iii) Under subparagraphs (ii), (iii), and (iv) of paragraph (b) of 10 this subdivision, revocation of a previously issued securing order shall 11 result in the issuance of a new securing order which may, if otherwise 12 authorized by law, permit the principal's release on recognizance or 13 release under non-monetary conditions, but shall also render the defend- 14 ant eligible for an order fixing bail or ordering non-monetary condi- 15 tions in conjunction with fixing bail. In issuing the new securing 16 order, the court shall consider the kind and degree of control or 17 restriction necessary to reasonably assure the principal's return to 18 court and compliance with court conditions, and select a securing order 19 consistent with its determination, taking into account the factors 20 required to be considered under subdivision one of section 510.10 of 21 this title, the circumstances warranting such revocation, and the nature 22 and extent of the principal's noncompliance with previously ordered 23 non-monetary conditions of the securing order subject to revocation 24 under this subdivision. Nothing in this subparagraph shall be interpret- 25 ed as shortening the period of detention, or requiring or authorizing 26 any less restrictive form of a securing order, which may be imposed 27 pursuant to any other law. 28 (e)] (c) Notwithstanding the provisions of paragraph (a) [or (b)] of 29 this subdivision a defendant, against whom a felony complaint has been 30 filed which charges the defendant with commission of a class A or 31 violent felony offense [or violation of section 215.15, 215.16 or 215.17 32 of the penal law] committed while [he] such defendant was at liberty as 33 specified therein, may be committed to the custody of the sheriff pend- 34 ing a revocation hearing for a period not to exceed seventy-two hours. 35 An additional period not to exceed seventy-two hours may be granted by 36 the court upon application of the district attorney upon a showing of 37 good cause or where the failure to commence the hearing was due to the 38 defendant's request or occurred with [his] the defendant's consent. Such 39 good cause must consist of some compelling fact or circumstance which 40 precluded conducting the hearing within the initial prescribed period. 41 § 29. Paragraph (a) of subdivision 9 of section 216.05 of the criminal 42 procedure law, as amended by chapter 435 of the laws of 2021, is amended 43 to read as follows: 44 (a) If at any time during the defendant's participation in the judi- 45 cial diversion program, the court has reasonable grounds to believe that 46 the defendant has violated a release condition [in an important respect] 47 or has [willfully] failed to appear before the court as requested, the 48 court [except as provided in subdivision two of section 510.50 of this 49 chapter regarding a failure to appear,] shall direct the defendant to 50 appear or issue a bench warrant to a police officer or an appropriate 51 peace officer directing [him or her] such officer to take the defendant 52 into custody and bring the defendant before the court without unneces- 53 sary delay; provided, however, that under no circumstances shall a 54 defendant who requires treatment for opioid use be deemed to have 55 violated a release condition on the basis of [his or her] such defend- 56 ant's participation in medically prescribed drug treatments under the
S. 5118 24 1 care of a health care professional licensed or certified under title 2 eight of the education law, acting within [his or her] their lawful 3 scope of practice. The [relevant] provisions of subdivision one of 4 section 530.60 of this chapter relating to [issuance of securing orders] 5 revocation of recognizance or bail shall apply to such proceedings under 6 this subdivision. 7 § 30. Section 410.60 of the criminal procedure law, as amended by 8 section 23 of part JJJ of chapter 59 of the laws of 2019, is amended to 9 read as follows: 10 § 410.60 Appearance before court. 11 A person who has been taken into custody pursuant to section 410.40 or 12 [section] 410.50 of this article for violation of a condition of a 13 sentence of probation or a sentence of conditional discharge must forth- 14 with be brought before the court that imposed the sentence. Where a 15 violation of probation petition and report has been filed and the person 16 has not been taken into custody nor has a warrant been issued, an 17 initial court appearance shall occur within ten business days of the 18 court's issuance of a notice to appear. If the court has reasonable 19 cause to believe that such person has violated a condition of the 20 sentence, it may commit such person to the custody of the sheriff[,] or 21 fix bail[, release such person under non-monetary conditions] or release 22 such person on such person's own recognizance for future appearance at a 23 hearing to be held in accordance with section 410.70 of this article. If 24 the court does not have reasonable cause to believe that such person has 25 violated a condition of the sentence, it must direct that such person be 26 released. 27 § 31. Subdivision 3 of section 620.50 of the criminal procedure law, 28 as amended by section 24 of part JJJ of chapter 59 of the laws of 2019, 29 is amended to read as follows: 30 3. A material witness order must be executed as follows: 31 (a) If the bail is posted and approved by the court, the witness must, 32 as provided in subdivision [two] three of section 510.40 of this part, 33 be released and be permitted to remain at liberty; provided that, where 34 the bail is posted by a person other than the witness [himself] 35 themself, [he] the witness may not be so released except upon [his] 36 their signed written consent thereto; 37 (b) If the bail is not posted, or if though posted it is not approved 38 by the court, the witness must, as provided in subdivision [two] three 39 of section 510.40 of this part, be committed to the custody of the sher- 40 iff. 41 § 32. Subdivision 5 of section 216 of the judiciary law is REPEALED. 42 § 33. Section 837-u of the executive law is REPEALED. 43 § 34. This act shall take effect immediately.