S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3973
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by M. of A. AUBRY -- read once and referred to the Committee
   on Codes
 
 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:
   (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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06385-01-9
              

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   (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
 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
 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
 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

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 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  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, 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 OR SHE  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
 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 because of the defend-
 ant'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

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   (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
   (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;
   (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-

 A. 3973                             5
 
 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
 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.

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   § 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.