NY State Senate Bill 2017-S7016

Archive: Last Bill Status - In Senate Committee Codes Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes

2017-S7016 (ACTIVE) - Details

See Assembly Version of this Bill:: A8507
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§30.30 & 180.85, CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2175, A4052
2021-2022: S3936
2023-2024: S2320

2017-S7016 (ACTIVE) - Summary

Relates to the timely scheduling of criminal trials.

2017-S7016 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7016

SPONSOR: BAILEY
 
PURPOSE OR GENERAL IDEA OF BILL:

This bill amends section 30.30 of the Criminal Procedure Law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Paragraph (d) of subdivisions 1 and 2 ensures that traffic infractions
charged alongside a misdemeanor in New York City, are covered by the
same provisions of 30.30 as other traffic infractions in the state.

Subdivision 3 codifies court practice to inquire as to actual readiness
when the people state ready for trial and allows the court to determine
whether readiness is valid.

Subdivision 3-a provides that statements of readiness, filed on a day
not scheduled for trial, be made by affidavit and that subsequent state-
ments of unreadiness be accompanied by supporting facts and approved by
the court.

Subdivision 6 provides that the court, whenever it is practicable to do
so, shall rule on whether the adjournment period immediately following
each court appearance date is to be included or excluded for the
purposes of computing time under 30.30.

Subdivision 7 provides that where the people state not ready for trial
and seek an adjournment for a specific date, upon request of the defend-
ant the court shall adjourn the matter for the date requested by the
people or a date not more than ten days thereafter, unless doing so
would not be in the interest of justice.

Subdivision 8 provides that where the people and defendant state ready
for trial on the record in open court and the court is not able to
accommodate commencement of the trial immediately, the court shall not
adjourn for a date later than ten days thereafter, unless doing so would
not be in the interest of justice.

Subdivision 9 provides that where the people file a statement of trial
readiness on a day not scheduled for trial or other proceeding, upon
request of the defendant and with notice to the people, the court shall
place the matter on the court calendar within ten days of such request
to schedule a date for trial.

 
JUSTIFICATION:

New York is facing a speedy trial crisis. According to a 2016 Daily News
article, there were 1,300-1,400 people awaiting trial in NYC jails for
more than a year. A 2014 report found that 7,286 felony cases in NYC had
been pending for than six months. And a 2013 New York Times article
reported that in the Bronx, the median length of a case from arrest to
disposition was 517 days, and that more than 70 percent of felony cases
surpassed New York's "speedy trial" guidelines.

This bill will deal with three issues that contribute to court delays by
implementing a consistent system to ensure the validity of "off-calen-
dar" statements of readiness; creating court records for the inclusion
or exclusion of adjournments for speedy trial purposes; and implementing
a ten-day standard for subsequent court dates. The bill preserves judi-
cial discretion and exceptions "in the interest of justice" (for exam-
ple, if complying with the scheduling provision would have collateral
consequences for the defendant).

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
EFFECTIVE DATE:
Sixtieth day after it shall become law.

2017-S7016 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7016
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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  the  timely
   scheduling of criminal trials
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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 subdi-
 vision 4 as amended by chapter 631 of the laws of 1996, paragraph (h) of
 subdivision 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,  para-
 graph  (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:
 § 30.30 Speedy trial; time limitations.
   1. Except as otherwise provided in subdivision [three]  FOUR  OF  THIS
 SECTION,  a  motion made pursuant to paragraph (e) of subdivision one of
 section 170.30 OF THIS CHAPTER or paragraph (g) of  subdivision  one  of
 section  210.20 OF THIS CHAPTER 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;
   (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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11887-01-7

 S. 7016                             2
 
 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 OR A VEHICLE AND TRAFFIC LAW INFRACTION and none of which is a
 crime.
   2. Except as provided in subdivision [three]  FOUR  OF  THIS  SECTION,
 where  a defendant has been committed to the custody of the sheriff in a
 criminal action he OR SHE must be released on bail or on his OR HER  own
 recognizance, upon such conditions 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 OR HER 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 OR HER 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 OR HER 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 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 OR HER  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 OR
 A VEHICLE AND TRAFFIC LAW INFRACTION 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 SHALL
 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 READ-
 INESS SHALL NOT BE VALID FOR PURPOSES OF THIS SECTION.
   3-A. ANY STATEMENT OF READINESS FILED BY THE PEOPLE ON A DAY NOT SCHE-
 DULED FOR TRIAL OR OTHER PROCEEDING SHALL BE  FILED  BY  AFFIDAVIT.  ANY
 EXCLUSION  WHEN  A  STATEMENT OF UNREADINESS HAS FOLLOWED SUCH AFFIDAVIT
 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.
   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
 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 OF THIS SECTION shall
 not:

 S. 7016                             3
 
   (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 OR SHE has been released, by failing to appear  at  a  judicial
 proceeding at which his OR HER 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  OF  THIS  SECTION,  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 OR
 HER counsel. The court must 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 OR SHE  has  been  advised  by  the
 court  of  his  OR HER rights under these rules and the effect of his OR
 HER consent; 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
 OR HER location is unknown and he OR SHE is attempting to  avoid  appre-
 hension  or  prosecution, or his OR HER location cannot be determined by
 due diligence. A defendant must be considered unavailable  whenever  his
 OR  HER  location  is  known but his OR HER 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 OR HER 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  OF  THIS  CHAPTER
 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 voluntarily 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
   (f) the period during which the defendant is without  counsel  through
 no fault of the court; except when the defendant is proceeding as his OR
 HER own attorney with the permission of the court; or

 S. 7016                             4
 
   (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.
   (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[.] OF THIS CHAPTER; 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.
   6.  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; PROVIDED THAT SUCH RULING SHALL NOT BE
 BINDING ON A DETERMINATION OF A MOTION MADE PURSUANT TO SUBDIVISION  ONE
 OR  TWO  OF THIS SECTION. THE COURT'S RULING SHALL BE NOTED IN THE COURT
 FILE.
   7. WHERE THE PEOPLE STATE NOT READY FOR TRIAL AND SEEK AN  ADJOURNMENT
 FOR  A  SPECIFIC  DATE,  UPON  REQUEST  OF THE DEFENDANT THE COURT SHALL
 ADJOURN THE MATTER FOR THE DATE REQUESTED BY THE PEOPLE OR  A  DATE  NOT
 MORE  THAN  TEN  DAYS  THEREAFTER,  UNLESS  DOING SO WOULD NOT BE IN THE
 INTEREST OF JUSTICE.
   8. WHERE THE PEOPLE AND DEFENDANT STATE READY FOR TRIAL ON THE  RECORD
 IN  OPEN  COURT AND THE COURT IS NOT ABLE TO ACCOMMODATE COMMENCEMENT OF
 THE TRIAL IMMEDIATELY, THE COURT SHALL NOT ADJOURN FOR A DATE LATER THAN
 TEN DAYS THEREAFTER, UNLESS DOING SO WOULD NOT BE  IN  THE  INTEREST  OF
 JUSTICE.
   9.  WHERE  THE PEOPLE FILE A STATEMENT OF TRIAL READINESS ON A DAY NOT
 SCHEDULED FOR TRIAL OR OTHER PROCEEDING, UPON REQUEST OF  THE  DEFENDANT
 AND  WITH  NOTICE TO THE PEOPLE, THE COURT SHALL PLACE THE MATTER ON THE
 COURT CALENDAR WITHIN TEN DAYS OF SUCH REQUEST TO SCHEDULE  A  DATE  FOR
 TRIAL.
   [5.]  10.  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
 collateral 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;

 S. 7016                             5
 
   (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  OF  THIS CHAPTER or a prosecutor's
 information is filed pursuant to section 190.70  OF  THIS  CHAPTER,  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 accusato-
 ry 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 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  OF  THIS  CHAPTER  or  a  prosecutor's
 information  is  filed  pursuant  to section 190.70 OF THIS CHAPTER, 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 accusato-
 ry 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 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 OF THIS CHAPTER, the period applicable for the purposes of subdi-
 vision  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 applica-
 ble 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 OF THIS CHAPTER, the period applicable for the purposes of subdi-
 vision  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  appli-

 S. 7016                             6
 
 cable  to  the  charges  in  the  indictment  must remain applicable and
 continue as if the new accusatory instrument had not been filed.
   [6.]  11.  The procedural rules prescribed in subdivisions one through
 seven of section 210.45 OF THIS CHAPTER with  respect  to  a  motion  to
 dismiss  an  indictment are also applicable to a motion made pursuant to
 subdivision two OF THIS SECTION.
   § 2. 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
 [four]  FIVE of section 30.30 OF THIS CHAPTER, 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.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S7016

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S7016 (ACTIVE) - Details

2017-S7016 (ACTIVE) - Summary

2017-S7016 (ACTIVE) - Sponsor Memo

2017-S7016 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7016

Share this bill

Sponsored By

Jamaal T. Bailey

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S7016 (ACTIVE) - Details

2017-S7016 (ACTIVE) - Summary

2017-S7016 (ACTIVE) - Sponsor Memo

2017-S7016 (ACTIVE) - Bill Text download pdf

Comments