S T A T E   O F   N E W   Y O R K
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                                 8296--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 18, 2015
                               ___________

Introduced  by M. of A. AUBRY, PERRY, ARROYO, BARRON, BLAKE, COOK, CRES-
  PO, DAVILA, KIM, PICHARDO, PRETLOW, RICHARDSON,  ROBINSON,  WRIGHT  --
  read once and referred to the Committee on Codes -- recommitted to the
  Committee  on  Codes  in  accordance  with  Assembly Rule 3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the criminal procedure law, in relation to time limits
  for a speedy trial

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as "Kalief's law".
  S  2. Section 30.30 of the criminal procedure law, as added by chapter
184 of the laws of 1972, paragraph (a) of subdivision 3  as  amended  by
chapter  93  of  the  laws  of  2006,  paragraph (a) of subdivision 4 as
amended by chapter 558 of the laws of 1982, paragraph (c) of subdivision
4 as amended by chapter 631 of the laws of 1996, paragraph (h) of subdi-
vision 4 as added by chapter 837 of the laws of 1986, paragraph  (i)  of
subdivision 4 as added by chapter 446 of the laws of 1993, paragraph (j)
of  subdivision 4 as added by chapter 222 of the laws of 1994, paragraph
(b) of subdivision 5 as amended by chapter 109  of  the  laws  of  1982,
paragraphs  (e)  and (f) of subdivision 5 as added by chapter 209 of the
laws of 1990, is amended to read as follows:
S 30.30 Speedy trial; time limitations.
  1. Except as otherwise provided in subdivision [three] FOUR, a  motion
made  pursuant  to paragraph (e) of subdivision one of section 170.30 or
paragraph (g) of subdivision one of section 210.20 must be granted where
the people are not ready for trial within:
  (a) six months of the commencement of  a  criminal  action  wherein  a
defendant is accused of one or more offenses, at least one of which is a
felony;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11685-03-6

              

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  (b)  ninety  days  of  the commencement of a criminal action wherein a
defendant is accused of one or more offenses, at least one of which is a
misdemeanor punishable by a sentence of imprisonment of more than  three
months and none of which is a felony;
  (c)  sixty  days  of the commencement of a criminal action wherein the
defendant is accused of one or more offenses, at least one of which is a
misdemeanor punishable by a sentence of imprisonment of  not  more  than
three  months  and  none of which is a crime punishable by a sentence of
imprisonment of more than three months;
  (d) thirty days of the commencement of a criminal action  wherein  the
defendant is accused of one or more offenses, at least one of which is a
violation and none of which is a crime.
  2.  Except  as provided in subdivision [three] FOUR, where a defendant
has been committed to the custody of the sheriff in a criminal action he
must be released on bail or on his own recognizance,  upon  such  condi-
tions  as  may  be  just and reasonable, if the people are not ready for
trial in that criminal action within:
  (a) ninety days from the commencement of his commitment to the custody
of the sheriff in a criminal action wherein the defendant is accused  of
one or more offenses, at least one of which is a felony;
  (b) thirty days from the commencement of his commitment to the custody
of  the sheriff in a criminal action wherein the defendant is accused of
one or more offenses, at least one of which is a misdemeanor  punishable
by  a  sentence  of  imprisonment  of more than three months and none of
which is a felony;
  (c) fifteen days from the commencement of his commitment to the custo-
dy of the sheriff in a criminal action wherein the defendant is  accused
of one or more offenses, at least one of which is a misdemeanor punisha-
ble by a sentence of imprisonment of not more than three months and none
of  which  is  a  crime punishable by a sentence of imprisonment of more
than three months;
  (d) five days from the commencement of his commitment to  the  custody
of  the sheriff in a criminal action wherein the defendant is accused of
one or more offenses, at least one of which is a violation and  none  of
which is a crime.
  3.  WHENEVER PURSUANT TO THIS SECTION A PROSECUTOR STATES OR OTHERWISE
PROVIDES NOTICE THAT THE PEOPLE ARE READY FOR TRIAL, THE COURT MAY  MAKE
INQUIRY ON THE RECORD AS TO THEIR ACTUAL READINESS. IF, AFTER CONDUCTING
ITS  INQUIRY,  THE  COURT  DETERMINES  THAT  THE PEOPLE ARE NOT READY TO
PROCEED TO TRIAL, THE PROSECUTOR'S  STATEMENT  OR  NOTICE  OF  READINESS
SHALL  NOT  BE VALID FOR PURPOSES OF THIS SECTION. FOLLOWING A DEMAND TO
PRODUCE BY A DEFENDANT PURSUANT TO  SECTION  240.20,  ANY  STATEMENT  OF
TRIAL  READINESS  MUST  BE ACCOMPANIED OR PRECEDED BY A CERTIFICATION OF
GOOD FAITH  COMPLIANCE  WITH  THE  DISCLOSURE  REQUIREMENTS  OF  SECTION
240.20.  THIS SUBDIVISION SHALL NOT APPLY TO CASES WHERE THE DEFENSE HAS
WAIVED DISCLOSURE REQUIREMENTS.
  4. (a) Subdivisions one and two do not  apply  to  a  criminal  action
wherein  the  defendant  is  accused  of  an offense defined in sections
125.10, 125.15, 125.20, 125.25, 125.26 and 125.27 of the penal law.
  (b) A motion made pursuant to subdivisions one or two upon  expiration
of the specified period may be denied where the people are not ready for
trial  if the people were ready for trial prior to the expiration of the
specified period and their present unreadiness is  due  to  some  excep-
tional  fact  or circumstance, including, but not limited to, the sudden
unavailability of evidence material  to  the  people's  case,  when  the
district  attorney  has  exercised due diligence to obtain such evidence

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and there are reasonable grounds to  believe  that  such  evidence  will
become available in a reasonable period.
  (c) A motion made pursuant to subdivision two shall not:
  (i)  apply  to any defendant who is serving a term of imprisonment for
another offense;
  (ii) require the release from custody of any  defendant  who  is  also
being  held  in  custody  pending trial of another criminal charge as to
which the applicable period has not yet elapsed;
  (iii) prevent the redetention of or otherwise apply to  any  defendant
who,  after  being  released  from  custody  pursuant to this section or
otherwise, is charged with another crime or violates the  conditions  on
which  he has been released, by failing to appear at a judicial proceed-
ing at which his presence is required or otherwise.
  [4.] 5. In computing the time within which the people  must  be  ready
for  trial  pursuant  to subdivisions one and two, the following periods
must be excluded:
  (a) a reasonable period of  delay  resulting  from  other  proceedings
concerning  the defendant, including but not limited to: proceedings for
the determination of competency and the period during which defendant is
incompetent to stand trial; demand to produce; request  for  a  bill  of
particulars; pre-trial motions; appeals; trial of other charges; and the
period  during  which such matters are under consideration by the court;
or
  (b) the period of delay resulting from a continuance  granted  by  the
court  at  the  request of, or with the consent of, the defendant or his
counsel. The court [must] MAY grant such a continuance  only  if  it  is
satisfied  that  postponement is in the interest of justice, taking into
account the public interest  in  the  prompt  dispositions  of  criminal
charges.  A  defendant  without  counsel  must  not  be  deemed  to have
consented to a continuance unless he has been advised by  the  court  of
his  rights  under these rules and the effect of his consent, WHICH MUST
BE DONE ON THE RECORD IN OPEN COURT; or
  (c) (i) the period of delay resulting from the absence or unavailabil-
ity of the defendant. A defendant must be considered absent whenever his
location is unknown and he is attempting to avoid apprehension or prose-
cution, or his location cannot be determined by due diligence. A defend-
ant must be considered unavailable whenever his location  is  known  but
his presence for trial cannot be obtained by due diligence; or
  (ii) where the defendant has either escaped from custody or has failed
to appear when required after having previously been released on bail or
on his own recognizance, and provided the defendant is not in custody on
another  matter,  the  period  extending from the day the court issues a
bench warrant pursuant to section  530.70  because  of  the  defendant's
failure  to  appear  in  court  when  required, to the day the defendant
subsequently appears in the court pursuant to a bench warrant or  volun-
tarily or otherwise; or
  (d)  a  reasonable  period  of  delay when the defendant is joined for
trial with a co-defendant as to whom the time for trial pursuant to this
section has not run and good cause is not shown for  granting  a  sever-
ance; or
  (e)  the  period of delay resulting from detention of the defendant in
another jurisdiction provided the district attorney  is  aware  of  such
detention  and  has  been  diligent  and  has made reasonable efforts to
obtain the presence of the defendant for trial; or

A. 8296--A                          4

  (f) the period during which the defendant is without  counsel  through
no  fault  of  the court; except when the defendant is proceeding as his
own attorney with the permission of the court; or
  (g)  other  periods  of delay occasioned by exceptional circumstances,
including but not limited to, the  period  of  delay  resulting  from  a
continuance  granted  at  the  request of a district attorney if (i) the
continuance is granted because of the unavailability of evidence materi-
al to the people's case, when the district attorney  has  exercised  due
diligence  to  obtain  such evidence and there are reasonable grounds to
believe that such evidence will become available in a reasonable period;
or (ii) the continuance is granted to allow the district attorney  addi-
tional  time  to prepare the people's case and additional time is justi-
fied by the exceptional circumstances of the case.   ANY SUCH  EXCLUSION
WHEN  A  STATEMENT  OF UNREADINESS HAS FOLLOWED A STATEMENT OF READINESS
MADE BY THE PEOPLE MUST BE ACCOMPANIED BY SUPPORTING FACTS AND  APPROVED
BY  THE COURT.   THE COURT SHALL INQUIRE ON THE RECORD AS TO THE REASONS
FOR THE PEOPLE'S UNREADINESS; OR
  (h) the period during which an action has been  adjourned  in  contem-
plation  of  dismissal pursuant to sections 170.55, 170.56 and 215.10 of
this chapter[.]; OR
  (i) [The] THE period prior to the defendant's  actual  appearance  for
arraignment  in  a situation in which the defendant has been directed to
appear by the district attorney pursuant to subdivision three of section
120.20 or subdivision three of section 210.10[.]; OR
  (j) the period during which a family offense is before a family  court
until  such  time  as  an  accusatory  instrument or indictment is filed
against the defendant alleging a crime constituting a family offense, as
such term is defined in section 530.11 of this chapter[.]; OR
  (K) AT EACH COURT APPEARANCE DATE PRECEDING THE COMMENCEMENT OF  TRIAL
IN  A  CRIMINAL  ACTION, THE COURT, WHENEVER IT IS PRACTICABLE TO DO SO,
SHALL RULE ON WHETHER THE ADJOURNMENT PERIOD IMMEDIATELY FOLLOWING  SUCH
COURT  APPEARANCE DATE IS TO BE INCLUDED OR EXCLUDED FOR THE PURPOSES OF
COMPUTING THE TIME WITHIN WHICH THE PEOPLE MUST BE READY FOR TRIAL WITH-
IN THE MEANING OF THIS SECTION. THE COURT'S RULING SHALL BE NOTED IN THE
COURT FILE; OR
  (L) IN COMPUTING THE TIME WITHIN WHICH THE PEOPLE MUST  BE  READY  FOR
TRIAL, PURSUANT TO SUBDIVISION TWO OF THIS SECTION, NO TIME ATTRIBUTABLE
TO COURT CONGESTION SHALL BE EXCLUDED.
  [5.] 6. For purposes of this section, (a) where the defendant is to be
tried following the withdrawal of the plea of guilty or is to be retried
following  a  mistrial, an order for a new trial or an appeal or collat-
eral attack, the criminal action and the commitment to  the  custody  of
the  sheriff,  if  any, must be deemed to have commenced on the date the
withdrawal of the plea of guilty or the date  the  order  occasioning  a
retrial becomes final;
  (b)  where  a defendant has been served with an appearance ticket, the
criminal action must be deemed to have commenced on the date the defend-
ant first appears in a local criminal court in response to the ticket;
  (c) where a criminal action is commenced by the  filing  of  a  felony
complaint,  and  thereafter,  in  the course of the same criminal action
either the felony complaint is replaced with or converted to an informa-
tion, prosecutor's information  or  misdemeanor  complaint  pursuant  to
article  [180] ONE HUNDRED EIGHTY or a prosecutor's information is filed
pursuant to section 190.70, the period applicable for  the  purposes  of
subdivision  one must be the period applicable to the charges in the new
accusatory instrument, calculated from the date of the  filing  of  such

A. 8296--A                          5

new accusatory instrument; provided, however, that when the aggregate of
such  period  and  the period of time, excluding the periods provided in
subdivision [four] FIVE, already elapsed from the date of the filing  of
the  felony  complaint  to  the date of the filing of the new accusatory
instrument exceeds six months, the period applicable to the  charges  in
the  felony  complaint must remain applicable and continue as if the new
accusatory instrument had not been filed;
  (d) where a criminal action is commenced by the  filing  of  a  felony
complaint,  and  thereafter,  in  the course of the same criminal action
either the felony complaint is replaced with or converted to an informa-
tion, prosecutor's information  or  misdemeanor  complaint  pursuant  to
article  [180] ONE HUNDRED EIGHTY or a prosecutor's information is filed
pursuant to section 190.70, the period applicable for  the  purposes  of
subdivision  two must be the period applicable to the charges in the new
accusatory instrument, calculated from the date of the  filing  of  such
new accusatory instrument; provided, however, that when the aggregate of
such  period  and  the period of time, excluding the periods provided in
subdivision [four] FIVE, already elapsed from the date of the filing  of
the  felony  complaint  to  the date of the filing of the new accusatory
instrument exceeds ninety days, the period applicable to the charges  in
the  felony  complaint must remain applicable and continue as if the new
accusatory instrument had not been filed.
  (e) where a count of an indictment is reduced to charge only a  misde-
meanor  or  petty  offense  and  a  reduced indictment or a prosecutor's
information is filed pursuant to subdivisions one-a and six  of  section
210.20,  the  period  applicable  for the purposes of subdivision one of
this section must be the period applicable to the  charges  in  the  new
accusatory  instrument,  calculated  from the date of the filing of such
new accusatory instrument; provided, however, that when the aggregate of
such period and the period of time, excluding the  periods  provided  in
subdivision  [four]  FIVE of this section, already elapsed from the date
of the filing of the indictment to the date of the  filing  of  the  new
accusatory  instrument  exceeds six months, the period applicable to the
charges in the indictment must remain applicable and continue as if  the
new accusatory instrument had not been filed;
  (f)  where a count of an indictment is reduced to charge only a misde-
meanor or petty offense and  a  reduced  indictment  or  a  prosecutor's
information  is  filed pursuant to subdivisions one-a and six of section
210.20, the period applicable for the purposes  of  subdivision  two  of
this  section  must  be  the period applicable to the charges in the new
accusatory instrument, calculated from the date of the  filing  of  such
new accusatory instrument; provided, however, that when the aggregate of
such  period  and  the period of time, excluding the periods provided in
subdivision [four] FIVE of this section, already elapsed from  the  date
of  the  filing  of  the indictment to the date of the filing of the new
accusatory instrument exceeds ninety days, the period applicable to  the
charges  in the indictment must remain applicable and continue as if the
new accusatory instrument had not been filed.
  [6.] 7. The procedural rules prescribed in  subdivisions  one  through
seven  of  section 210.45 with respect to a motion to dismiss an indict-
ment are also applicable to a motion made pursuant to subdivision two.
  S 3. Subdivision 6 of section 180.85 of the criminal procedure law, as
added by chapter 518 of the laws of 2004, is amended to read as follows:
  6. The period from the filing of a motion  pursuant  to  this  section
until entry of an order disposing of such motion shall not, by reason of
such motion, be considered a period of delay for purposes of subdivision

A. 8296--A                          6

[four]  FIVE  of section 30.30, nor shall such period, by reason of such
motion, be excluded in computing the time within which the  people  must
be ready for trial pursuant to such section 30.30.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.