S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3055--A
                                                          Cal. No. 40
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2017
                                ___________
 
 Introduced  by M. of A. AUBRY, PERRY, ARROYO, BARRON, BLAKE, COOK, CRES-
   PO, DAVILA, KIM, PICHARDO, PRETLOW, RICHARDSON,  BICHOTTE,  GOTTFRIED,
   SEPULVEDA,  OTIS,  JEAN-PIERRE,  SKARTADOS, JOYNER, ROSENTHAL, MOSLEY,
   PEOPLES-STOKES, ROZIC, KAVANAGH, RODRIGUEZ, HYNDMAN, HARRIS --  Multi-
   Sponsored  by  -- M.  of A. ENGLEBRIGHT, FARRELL, RAMOS, SIMON -- read
   once and referred to the Committee on Codes -- reported  from  commit-
   tee,  advanced  to  a  third  reading,  amended and ordered reprinted,
   retaining its place on the order of third reading
 
 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".
   § 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:
 § 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07703-08-7
              

 A. 3055--A                          2
 
   (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
 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.  THE DEFENSE SHALL BE AFFORDED AN OPPOR-
 TUNITY TO BE HEARD ON THE RECORD CONCERNING  ANY  SUCH  INQUIRY  BY  THE
 COURT,  AND  CONCERNING  WHETHER  SUCH DISCLOSURE REQUIREMENTS HAVE BEEN
 MET.
   3-A. UPON A MISDEMEANOR COMPLAINT, A STATEMENT OF READINESS SHALL  NOT
 BE  VALID  UNLESS  THE  PROSECUTING  ATTORNEY  CERTIFIES THAT ALL COUNTS
 CHARGED IN THE ACCUSATORY INSTRUMENT MEET THE REQUIREMENTS  OF  SECTIONS

 A. 3055--A                          3
 
 100.15  AND  100.40  AND  THOSE  COUNTS  NOT MEETING THE REQUIREMENTS OF
 SECTIONS 100.15 AND 100.40 HAVE BEEN DISMISSED.
   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 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 OR
 HER 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 OR HER 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

 A. 3055--A                          4
 
 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
   (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.
   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  PRELIMINARILY 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  WITHIN THE MEANING OF THIS SECTION. THE COURT'S RULING SHALL
 BE NOTED IN THE COURT FILE.
   7. IN COMPUTING THE TIME WITHIN WHICH THE PEOPLE  MUST  BE  READY  FOR
 TRIAL,  PURSUANT  TO  SUBDIVISION  TWO OR PARAGRAPHS (B), (C), OR (D) OF
 SUBDIVISION  ONE  OF  THIS  SECTION,  NO  TIME  ATTRIBUTABLE  TO   COURT
 CONGESTION SHALL BE EXCLUDED.
   [5.] 8. 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;

 A. 3055--A                          5
 
   (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
 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

 A. 3055--A                          6
 
 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.]  9.  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.
   § 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
 [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.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.