S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2726
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL,  LUPARDO,  JAFFEE, ORTIZ, D'URSO,
   RIVERA, BARRON, GOTTFRIED, DAVILA, DE LA ROSA, QUART, ARROYO, RICHARD-
   SON, HUNTER, WEPRIN, EPSTEIN -- Multi-Sponsored by -- M. of  A.  SIMON
   -- read once and referred to the Committee on Codes
 
 AN  ACT  to  amend  the criminal procedure law and the judiciary law, in
   relation to enacting the "bail elimination act of 2019"; and to repeal
   certain provisions of the criminal procedure law and the insurance law
   relating to the posting of bail
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "bail elimination act of 2019".
   § 2. Subdivisions 1, 2, 4, 5 and 6 of section 500.10 of  the  criminal
 procedure  law are amended and a new subdivision 3-a is added to read as
 follows:
   1. "Principal" means a defendant in a criminal action  or  proceeding,
 or  a person adjudged a material witness therein, or any other person so
 involved therein that [he] THE PRINCIPAL may  by  law  be  compelled  to
 appear  before  a  court  for  the purpose of having such court exercise
 control over [his] THE PRINCIPAL'S person to secure  [his]  THE  PRINCI-
 PAL'S  future  attendance at the action or proceeding when required, and
 who in fact either is before the court for  such  purpose  or  has  been
 before it and been subjected to such control.
   2.  "Release  on  own  recognizance."  A court releases a principal on
 [his] THE PRINCIPAL'S own recognizance  when,  having  acquired  control
 over  [his] THE PRINCIPAL'S person, it permits [him] THE PRINCIPAL to be
 at liberty during the pendency of  the  criminal  action  or  proceeding
 involved  upon  condition  that  [he]  THE PRINCIPAL will appear thereat
 whenever [his] THE PRINCIPAL'S attendance may be required  and  will  at
 all  times  render  [himself]  THE  PRINCIPAL amenable to the orders and
 processes of the court.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02933-01-9

 A. 2726                             2
 
   3-A. "RELEASE UNDER NON-MONETARY CONDITIONS." A COURT RELEASES A PRIN-
 CIPAL UNDER NON-MONETARY CONDITIONS WHEN, HAVING ACQUIRED CONTROL OVER A
 PERSON, IT PERMITS THE PERSON TO BE AT LIBERTY DURING  THE  PENDENCY  OF
 THE  CRIMINAL  ACTION  UNDER CONDITIONS SET BY THE COURT, WHICH SHALL BE
 THE  LEAST  RESTRICTIVE  THAT  WILL  REASONABLY  ASSURE  THE PRINCIPAL'S
 APPEARANCE IN COURT. SUCH CONDITIONS MAY INCLUDE, AMONG OTHERS, THAT THE
 PRINCIPAL SHALL BE IN CONTACT WITH A PRETRIAL  SERVICES  AGENCY  SERVING
 PRINCIPALS  IN  THAT COUNTY; THAT THE PRINCIPAL SHALL ABIDE BY SPECIFIED
 RESTRICTIONS ON TRAVEL THAT ARE REASONABLY RELATED TO AN ACTUAL RISK  OF
 INTENTIONAL  FLIGHT  FROM  THE  JURISDICTION;  THAT  THE PRINCIPAL SHALL
 REFRAIN FROM POSSESSING A FIREARM, DESTRUCTIVE DEVICE OR OTHER DANGEROUS
 WEAPON; THAT THE  PERSON  BE  PLACED  IN  PRETRIAL  SUPERVISION  WITH  A
 PRETRIAL SERVICES AGENCY SERVING PRINCIPALS IN THAT COUNTY.
   4. "Commit to the custody of the sheriff." A court commits a principal
 to  the  custody  of  the sheriff when, having acquired control over his
 person, it orders that he be confined in  the  custody  of  the  sheriff
 [during  the  pendency  of  the  criminal action or proceeding involved]
 PENDING THE OUTCOME OF A HEARING AS TO WHETHER THE INDIVIDUAL  SHALL  BE
 ORDERED  INTO  PRETRIAL  DETENTION  AS SPECIFIED IN ARTICLE FIVE HUNDRED
 FORTY-FIVE OF THIS TITLE.
   5. "Securing order" means an order of a court [committing a  principal
 to  the  custody of the sheriff, or fixing bail, or releasing him on his
 own recognizance] THAT EITHER RELEASES A PRINCIPAL ON PERSONAL  RECOGNI-
 ZANCE, OR RELEASES THE PRINCIPAL UNDER NON-MONETARY CONDITIONS, ALL WITH
 THE  DIRECTION  THAT  THE  PRINCIPAL  RETURN  TO  COURT FOR FUTURE COURT
 APPEARANCES AND TO BE AT ALL TIMES AMENDABLE TO THE ORDERS AND PROCESSES
 OF THE COURT.
   6. ["Order of recognizance or bail" means a securing order releasing a
 principal on his own recognizance or fixing bail] "PRETRIAL  DETENTION."
 A COURT MAY COMMIT A PRINCIPAL TO PRETRIAL DETENTION IF, AFTER A HEARING
 AND MAKING SUCH FINDINGS AS SPECIFIED IN ARTICLE FIVE HUNDRED FORTY-FIVE
 OF THIS TITLE, A JUDGE SO ORDERS DETENTION.
   §  3.  Subdivisions 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19
 of section 500.10 of the criminal procedure law are REPEALED, and subdi-
 vision 20 is renumbered subdivision 7.
   § 4. Section 510.10 of the criminal procedure law, as amended by chap-
 ter 459 of the laws of 1984, is amended to read as follows:
 § 510.10  Securing order; when required; ALTERNATIVES AVAILABLE;  STAND-
            ARD TO BE APPLIED.
   1.  When  a  principal,  whose  future  court attendance at a criminal
 action or proceeding is or may be required, initially  comes  under  the
 control  of  a  court,  such  court  [must]  SHALL, by a securing order,
 [either release him on his own recognizance, fix bail or commit  him  to
 the  custody  of the sheriff] RELEASE THE PRINCIPAL PENDING TRIAL ON THE
 PRINCIPAL'S PERSONAL RECOGNIZANCE, UNLESS THE COURT FINDS ON THE  RECORD
 THAT RELEASE ON RECOGNIZANCE WILL NOT REASONABLY ASSURE THE INDIVIDUAL'S
 COURT ATTENDANCE. IN SUCH INSTANCES, THE COURT WILL RELEASE THE INDIVID-
 UAL  UNDER  NON-MONETARY  CONDITIONS,  SELECTING  THE  LEAST RESTRICTIVE
 ALTERNATIVE THAT WILL REASONABLY ASSURE THE  PRINCIPAL'S  COURT  ATTEND-
 ANCE.  THE COURT WILL SUPPORT ITS CHOICE OF ALTERNATIVE ON THE RECORD. A
 PRINCIPAL SHALL NOT BE REQUIRED TO PAY FOR  ANY  PART  OF  THE  COST  OF
 RELEASE UNDER NON-MONETARY CONDITIONS.
   2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 IN CASES WHERE THE PEOPLE MOVE FOR  PRETRIAL  DETENTION  THE  COURT  MAY
 COMMIT  THE  DEFENDANT TO THE CUSTODY OF THE SHERIFF OR ISSUE A SECURING
 ORDER IN ACCORDANCE WITH ARTICLE FIVE HUNDRED FORTY-FIVE OF THIS TITLE.

 A. 2726                             3

   3. When a securing order is revoked or  otherwise  terminated  in  the
 course of an uncompleted action or proceeding but the principal's future
 court  attendance  still is or may be required and [he] THE PRINCIPAL is
 still under the control of a court, a new securing order must be issued.
 When  the  court  revokes or otherwise terminates a [securing] ANY order
 which committed the principal to the custody of the sheriff,  the  court
 shall  give  written  notification  to the sheriff of such revocation or
 termination of [the securing] SUCH order.
   § 5. Section 510.20 of the criminal procedure law is amended  to  read
 as follows:
 §  510.20    Application  for [recognizance or bail; making and determi-
              nation thereof in general] A CHANGE IN SECURING ORDER BASED
              ON A MATERIAL CHANGE OF CIRCUMSTANCES.
   1.  Upon any occasion when a court [is required to issue] HAS ISSUED a
 securing order with respect to a principal, [or at any time when a prin-
 cipal is confined in the custody of the sheriff as a result of a  previ-
 ously issued securing order, he] THE PRINCIPAL OR THE PEOPLE may make an
 application for [recognizance or bail] A DIFFERENT SECURING ORDER DUE TO
 A MATERIAL CHANGE OF CIRCUMSTANCES.
   2.    Upon  such  application,  the  principal  OR  THE PEOPLE must be
 accorded an opportunity to be heard and to contend  that  [an  order  of
 recognizance  or bail] A DIFFERENT SECURING ORDER must or should issue[,
 that the court should release him on his own  recognizance  rather  than
 fix  bail,  and that if bail is fixed it should be in a suggested amount
 and form] BECAUSE, DUE  TO  A  MATERIAL  CHANGE  IN  CIRCUMSTANCES,  THE
 CURRENT  ORDER  IS  EITHER  TOO RESTRICTIVE OR NOT RESTRICTIVE ENOUGH TO
 REASONABLY ENSURE A DEFENDANT'S APPEARANCE IN  COURT.  THE  COURT  SHALL
 SELECT  THE  LEAST RESTRICTIVE NON-MONETARY CONDITION OR CONDITIONS THAT
 WILL REASONABLY ASSURE THE PRINCIPAL'S COURT ATTENDANCE.
   3. WHERE THE PEOPLE MAKE AN APPLICATION FOR A DIFFERENT SECURING ORDER
 ON THE BASIS OF A VIOLATION OF AN EXISTING  SECURING  ORDER,  THE  COURT
 SHALL CONSIDER THE NATURE, WILLFULNESS, AND SERIOUSNESS OF THE VIOLATION
 AND  SHALL SELECT THE LEAST RESTRICTIVE NON-MONETARY CONDITION OR CONDI-
 TIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S COURT ATTENDANCE.
   § 6. Section 510.30 of the criminal procedure law, subparagraph (v) of
 paragraph (a) of subdivision 2 as amended by chapter 920 of the laws  of
 1982,  subparagraph (vi) of paragraph (a) of subdivision 2 as renumbered
 by chapter 447 of the laws of 1977,  subparagraph  (vii)  as  added  and
 subparagraphs  (viii)  and  (ix)  of  paragraph  (a) of subdivision 2 as
 renumbered by section 1 of part D of chapter 491 of the laws of 2012 and
 subdivision 3 as added by chapter 788 of the laws of 1981, is amended to
 read as follows:
 § 510.30 Application for [recognizance or bail] SECURING ORDER; rules of
              law and criteria controlling determination.
   [1. Determinations of applications for recognizance or bail are not in
 all cases discretionary but are subject to rules, prescribed in  article
 five  hundred  thirty  and  other provisions of law relating to specific
 kinds of criminal actions and proceedings, providing (a)  that  in  some
 circumstances  such  an  application must as a matter of law be granted,
 (b) that in others it must as a matter of law be denied and the  princi-
 pal committed to or retained in the custody of the sheriff, and (c) that
 in  others  the  granting  or  denial  thereof  is  a matter of judicial
 discretion.
   2. To the extent that the issuance of an order of recognizance or bail
 and the terms thereof are matters of discretion rather than of  law,  an

 A. 2726                             4

 application  is  determined  on  the  basis of the following factors and
 criteria:
   (a)]  With  respect to any principal, the court must consider the kind
 and degree of control or restriction that is  necessary  to  secure  his
 court  attendance  when  required. In determining that matter, the court
 must, on the basis of available  information,  consider  and  take  into
 account:
   [(i)  The  principal's character, reputation, habits and mental condi-
 tion;
   (ii) His employment and financial resources; and
   (iii) His family ties and the length of his residence if  any  in  the
 community; and
   (iv) His]
   1.  INFORMATION  ABOUT THE PRINCIPAL THAT IS RELEVANT TO COURT APPEAR-
 ANCE, INCLUDING, BUT NOT LIMITED TO, THE PRINCIPAL'S ACTIVITIES, HISTORY
 AND COMMUNITY TIES;
   2. IF THE PRINCIPAL IS A DEFENDANT, THE CHARGES FACING THE PRINCIPAL;
   3. THE PRINCIPAL'S criminal record if any; [and
   (v) His] 4. THE PRINCIPAL'S record of previous adjudication as a juve-
 nile delinquent, as retained pursuant to section  354.2  of  the  family
 court act, or, of pending cases where fingerprints are retained pursuant
 to section 306.1 of such act, or a youthful offender, if any; [and
   (vi)  His]  5. THE PRINCIPAL'S previous record if any in responding to
 court appearances when required or with respect to INTENTIONAL flight to
 avoid criminal prosecution; [and
   (vii)] 6. Where the principal  is  charged  with  a  crime  or  crimes
 against a member or members of the same family or household as that term
 is  defined  in  subdivision  one  of  section 530.11 of this title, the
 following factors:
   [(A)] (I) any violation by the principal of  an  order  of  protection
 issued  by  any  court  for the protection of a member or members of the
 same family or household as that term is defined in subdivision  one  of
 section 530.11 of this title, whether or not such order of protection is
 currently in effect; and
   [(B)]  (II) the principal's history of use or possession of a firearm;
 [and
   (viii)] 7. If [he] THE PRINCIPAL is a defendant,  the  weight  of  the
 evidence  against [him] THE PRINCIPAL in the pending criminal action and
 any other factor indicating probability or improbability of  conviction;
 or,  in the case of an application for [bail or recognizance] A SECURING
 ORDER pending appeal, the merit or lack of merit of the appeal; [and
   (ix)] 8. If [he] THE PRINCIPAL is a defendant, the sentence which  may
 be or has been imposed upon conviction[.
   (b)  Where  the principal is a defendant-appellant in a pending appeal
 from a judgment of conviction, the court must also consider the  likeli-
 hood  of  ultimate  reversal  of  the judgment. A determination that the
 appeal is palpably without merit alone justifies, but does not  require,
 a  denial  of the application, regardless of any determination made with
 respect to the factors specified in paragraph (a).
   3. When bail or recognizance is ordered, the court  shall  inform  the
 principal, if he is a defendant charged with the commission of a felony,
 that  the release is conditional and that the court may revoke the order
 of release and commit the principal to the custody  of  the  sheriff  in
 accordance  with  the provisions of subdivision two of section 530.60 of
 this chapter if he commits a subsequent felony  while  at  liberty  upon
 such order.]; AND

 A. 2726                             5
 
   9.  IF THE PRINCIPAL IS A DEFENDANT-APPELLANT IN A PENDING APPEAL FROM
 A JUDGMENT OF CONVICTION, THE COURT MUST ALSO CONSIDER THE LIKELIHOOD OF
 ULTIMATE REVERSAL OF THE JUDGMENT. A DETERMINATION THAT  THE  APPEAL  IS
 PALPABLY  WITHOUT  MERIT ALONE JUSTIFIES, BUT DOES NOT REQUIRE, A DENIAL
 OF THE APPLICATION, REGARDLESS OF ANY DETERMINATION MADE WITH RESPECT TO
 THE FACTORS SPECIFIED IN THIS PARAGRAPH.
   §  7.  Section 510.40 of the criminal procedure law is amended to read
 as follows:
 § 510.40  [Application for recognizance or bail; determination  thereof,
              form  of securing order and execution thereof] NOTIFICATION
              TO PRINCIPAL BY COURT OF CONDITIONS OF RELEASE  AND  PENAL-
              TIES FOR VIOLATIONS OF RELEASE.
   1.    [An application for recognizance or bail must be determined by a
 securing order which either:
   (a)  Grants the application and releases  the  principal  on  his  own
 recognizance; or
   (b)  Grants the application and fixes bail; or
   (c)    Denies the application and commits the principal to, or retains
 him in, the custody of the sheriff.
   2.]  Upon ordering that a principal be released on [his]  THE  PRINCI-
 PAL'S  own  recognizance,  OR RELEASED UNDER NON-MONETARY CONDITIONS the
 court must direct [him] THE PRINCIPAL to appear in the  criminal  action
 or  proceeding involved whenever [his] THE PRINCIPAL'S attendance may be
 required and to [render himself] BE at all times amenable to the  orders
 and  processes of the court.  IF THE PRINCIPAL IS A DEFENDANT, THE COURT
 SHALL ALSO DIRECT THE DEFENDANT NOT TO COMMIT A CRIME WHILE  AT  LIBERTY
 UPON  THE COURT'S SECURING ORDER. If such principal is in the custody of
 the sheriff [or at liberty upon bail] at the  time  of  the  order,  the
 court must direct that [he] THE PRINCIPAL be discharged from such custo-
 dy [or, as the case may be, that his bail be exonerated].
   [3.    Upon the issuance of an order fixing bail, and upon the posting
 thereof, the court  must  examine  the  bail  to  determine  whether  it
 complies  with the order.  If it does, the court must, in the absence of
 some factor or circumstance which in law requires or  authorizes  disap-
 proval  thereof,  approve  the  bail  and  must  issue  a certificate of
 release, authorizing the principal to be at liberty, and, if  he  is  in
 the  custody  of  the  sheriff  at  the  time,  directing the sheriff to
 discharge him therefrom.  If the bail fixed is not  posted,  or  is  not
 approved  after being posted, the court must order that the principal be
 committed to the custody of the sheriff.]
   2. IF THE PRINCIPAL IS RELEASED  UNDER  NON-MONETARY  CONDITIONS,  THE
 COURT SHALL, IN THE DOCUMENT AUTHORIZING THE PRINCIPAL'S RELEASE, NOTIFY
 THE PRINCIPAL OF:
   (A)  ANY  OF  THE  CONDITIONS UNDER WHICH THE PRINCIPAL IS SUBJECT, IN
 ADDITION TO THE DIRECTIONS IN SUBDIVISION ONE  OF  THIS  SECTION,  IN  A
 MANNER SUFFICIENTLY CLEAR AND SPECIFIC TO SERVE AS A GUIDE FOR THE PRIN-
 CIPAL'S CONDUCT; AND
   (B)  THE  CONSEQUENCES  FOR VIOLATION OF THOSE CONDITIONS, WHICH COULD
 INCLUDE REVOKING OF THE SECURING ORDER, SETTING OF  A  MORE  RESTRICTIVE
 SECURING  ORDER,  OR,  AFTER  THE  HEARING  AS SPECIFIED IN ARTICLE FIVE
 HUNDRED FORTY-FIVE OF THIS TITLE, PRETRIAL DETENTION.
   3. THE COURT SHALL NOTIFY ALL PRINCIPALS RELEASED  UNDER  NON-MONETARY
 CONDITIONS  AND  ON  RECOGNIZANCE OF ALL COURT APPEARANCES IN ADVANCE BY
 TEXT MESSAGE, TELEPHONE CALL, ELECTRONIC MAIL, OR FIRST CLASS MAIL.
   § 8. The criminal procedure law is amended by adding two new  sections
 510.43 and 510.45 to read as follows:

 A. 2726                             6
 
 § 510.43 COURT APPEARANCE REMINDERS.
   THE  COURT  SHALL  NOTIFY  ALL  PRINCIPALS RELEASED ON RECOGNIZANCE OR
 UNDER NON-MONETARY CONDITIONS OF ALL COURT APPEARANCES BY TEXT  MESSAGE,
 TELEPHONE  CALL,  ELECTRONIC  MAIL,  OR  FIRST CLASS MAIL. THE COURT MAY
 PARTNER WITH THE CERTIFIED PRETRIAL SERVICES AGENCY OR AGENCIES IN  THAT
 COUNTY TO PROVIDE SUCH NOTIFICATIONS.
 § 510.45 PRETRIAL SERVICE AGENCIES.
   THE  OFFICE  OF COURT ADMINISTRATION SHALL CERTIFY A PRETRIAL SERVICES
 AGENCY OR AGENCIES IN EACH COUNTY TO MONITOR PRINCIPALS  RELEASED  UNDER
 CONDITIONS  OF  NON-MONETARY RELEASE. SUCH AGENCY OR AGENCIES SHALL BE A
 PUBLIC ENTITY UNDER THE SUPERVISION AND CONTROL OF A COUNTY  OR  MUNICI-
 PALITY  OR  A  NON-PROFIT ENTITY UNDER CONTRACT TO THE COUNTY OR MUNICI-
 PALITY. A COUNTY SHALL BE AUTHORIZED TO ENTER  IN  TO  A  CONTRACT  WITH
 ANOTHER  COUNTY  OR  MUNICIPALITY  IN  THE  STATE  TO MONITOR PRINCIPALS
 RELEASED UNDER CONDITIONS OF NON-MONETARY  RELEASE  IN  ITS  COUNTY  BUT
 SHALL NOT CONTRACT WITH ANY PRIVATE ENTITY FOR SUCH PURPOSES. ANY CRITE-
 RIA, INSTRUMENT, OR TOOL USED TO DETERMINE A PRINCIPAL'S ELIGIBILITY FOR
 NON-MONETARY  CONDITIONS  OR TO DETERMINE THE CONDITION OR CONDITIONS TO
 BE MONITORED BY A PRETRIAL SERVICES AGENCY SHALL BE  MADE  AVAILABLE  TO
 ANY PERSON UPON WRITTEN OR ORAL REQUEST.
   §  9.  Section 510.50 of the criminal procedure law is amended to read
 as follows:
 § 510.50  Enforcement of securing order.
   When the attendance of a principal confined  in  the  custody  of  the
 sheriff  OR  PURSUANT  TO  A PRETRIAL DETENTION ORDER is required at the
 criminal action or proceeding at a particular time and place, the  court
 may  compel  such  attendance by directing the sheriff to produce him OR
 HER at such time and place.  If the principal is at liberty on [his] THE
 PRINCIPAL'S own recognizance [or on bail, his]  OR  NON-MONETARY  CONDI-
 TIONS THE PRINCIPAL'S attendance may be achieved or compelled by various
 methods,  including  notification  and  the issuance of a bench warrant,
 prescribed by law in provisions governing such matters with  respect  to
 the particular kind of action or proceeding involved. PRIOR TO ISSUING A
 BENCH  WARRANT,  THE  COURT MUST PROVIDE THE PRINCIPAL FORTY-EIGHT HOURS
 ADVANCE NOTICE THAT HE OR SHE IS REQUIRED TO APPEAR IN COURT IN ORDER TO
 GIVE THE PRINCIPAL THE OPPORTUNITY TO APPEAR VOLUNTARILY.
   § 10. Article 520 of the criminal procedure law is REPEALED.
   § 11. The article heading of article 530 of the criminal procedure law
 is amended to read as follows:
                      SECURING ORDERS [OF RECOGNIZANCE
              OR BAIL] WITH RESPECT TO DEFENDANTS IN CRIMINAL
             ACTIONS AND PROCEEDINGS--WHEN AND BY WHAT COURTS
                                AUTHORIZED
   § 12. Section 530.10 of the criminal procedure law is amended to  read
 as follows:
 § 530.10 [Order of recognizance or bail] SECURING ORDER; in general.
   Under circumstances prescribed in this article, a court, upon applica-
 tion of a defendant charged with or convicted of an offense, is required
 [or  authorized to order bail or recognizance] TO ISSUE A SECURING ORDER
 for the release or prospective release  of  such  defendant  during  the
 pendency of either:
   1. A criminal action based upon such charge; or
   2. An appeal taken by the defendant from a judgment of conviction or a
 sentence  or  from an order of an intermediate appellate court affirming
 or modifying a judgment of conviction or a sentence.

 A. 2726                             7
 
   § 13. Subdivision 4 of section 530.11 of the criminal  procedure  law,
 as  added  by  chapter  186  of  the laws of 1997, is amended to read as
 follows:
   4.  When  a  person  is  arrested  for an alleged family offense or an
 alleged violation of an  order  of  protection  or  temporary  order  of
 protection  or  arrested  pursuant to a warrant issued by the supreme or
 family court, and the supreme or family court, as applicable, is not  in
 session,  such  person shall be brought before a local criminal court in
 the county of arrest or in the county in which such warrant  is  return-
 able  pursuant to article one hundred twenty of this chapter. Such local
 criminal court may issue any order authorized under  subdivision  eleven
 of  section  530.12 of this article, section one hundred fifty-four-d or
 one hundred fifty-five of the family court act or subdivision three-b of
 section two hundred forty or subdivision two-a of  section  two  hundred
 fifty-two  of  the  domestic  relations  law, in addition to discharging
 other arraignment responsibilities as set  forth  in  this  chapter.  In
 making  such  order,  the  local criminal court shall consider the [bail
 recommendation] SECURING ORDER, if any, made by the  supreme  or  family
 court  as indicated on the warrant or certificate of warrant. Unless the
 petitioner or complainant requests otherwise, the court, in addition  to
 scheduling  further criminal proceedings, if any, regarding such alleged
 family offense or violation allegation, shall make such  matter  return-
 able in the supreme or family court, as applicable, on the next day such
 court is in session.
   § 14. Paragraph (a) of subdivision 8 of section 530.13 of the criminal
 procedure  law,  as added by chapter 388 of the laws of 1984, is amended
 to read as follows:
   (a) revoke [an order of recognizance or bail]  A  SECURING  ORDER  and
 commit the defendant to custody; or
   §  15. The opening paragraph of subdivision 1 of section 530.13 of the
 criminal procedure law, as amended by chapter 137 of the laws  of  2007,
 is amended to read as follows:
   When  any  criminal  action is pending, and the court has not issued a
 temporary order of protection pursuant to section 530.12 of  this  arti-
 cle,  the  court,  in  addition to the other powers conferred upon it by
 this chapter, may for good  cause  shown  issue  a  temporary  order  of
 protection  in  conjunction  with  any  securing  order  [committing the
 defendant to the custody of the sheriff or as a condition of a pre-trial
 release, or as a condition of release  on  bail  or  an  adjournment  in
 contemplation  of  dismissal]. In addition to any other conditions, such
 an order may require that the defendant:
   § 16. Subdivisions 9 and 11 of section 530.12 of the  criminal  proce-
 dure  law, subdivision 9 as amended by section 81 of subpart B of part C
 of chapter 62 of the laws of 2011, subdivision 11 as amended by  chapter
 498  of  the  laws  of  1993, the opening paragraph of subdivision 11 as
 amended by chapter 597 of the laws of 1998, paragraph (a) of subdivision
 11 as amended by chapter 222 of the laws of 1994 and  paragraph  (d)  of
 subdivision  11  as  amended  by  chapter  644  of the laws of 1996, are
 amended to read as follows:
   9. If no warrant, order or temporary  order  of  protection  has  been
 issued  by  the  court,  and  an  act  alleged to be a family offense as
 defined in section 530.11 of this [chapter] ARTICLE is the basis of  the
 arrest,  the magistrate shall permit the complainant to file a petition,
 information or accusatory instrument and  for  reasonable  cause  shown,
 shall  thereupon  hold  such  respondent or defendant, [admit to, fix or
 accept bail,] ESTABLISH A SECURING ORDER or parole him or her for  hear-

 A. 2726                             8

 ing  before  the  family  court  or  appropriate  criminal  court as the
 complainant shall choose in accordance with the  provisions  of  section
 530.11 of this [chapter] ARTICLE.
   11. If a defendant is brought before the court for failure to obey any
 lawful order issued under this section, or an order of protection issued
 by  a  court  of competent jurisdiction in another state, territorial or
 tribal jurisdiction, and if, after hearing, the court  is  satisfied  by
 competent proof that the defendant has willfully failed to obey any such
 order, the court may:
   (a)  revoke  [an  order  of recognizance or revoke an order of bail or
 order forfeiture of such bail] A SECURING ORDER and commit the defendant
 to custody; or
   (b) restore the case to the calendar when there has been  an  adjourn-
 ment  in contemplation of dismissal and commit the defendant to custody;
 or
   (c) revoke a conditional discharge in accordance with  section  410.70
 of this chapter and impose probation supervision or impose a sentence of
 imprisonment  in  accordance  with  the  penal law based on the original
 conviction; or
   (d) revoke probation in accordance with section 410.70 of this chapter
 and impose a sentence of imprisonment in accordance with the  penal  law
 based  on the original conviction. In addition, if the act which consti-
 tutes the violation of the order of protection  or  temporary  order  of
 protection  is  a crime or a violation the defendant may be charged with
 and tried for that crime or violation.
   § 17. Section 530.20 of the criminal  procedure  law,  as  amended  by
 chapter  531  of the laws of 1975, subparagraph (ii) of paragraph (b) of
 subdivision 2 as amended by chapter 218 of the laws of 1979, is  amended
 to read as follows:
 § 530.20 [Order of recognizance or bail;] SECURING ORDER by local crimi-
              nal court when action is pending therein.
   1.  When  a criminal action is pending in a local criminal court, such
 court, upon application of a defendant, [must or may order  recognizance
 or bail as follows:
   1.  When the defendant is charged, by information, simplified informa-
 tion, prosecutor's information or misdemeanor complaint, with an offense
 or offenses of less than felony grade only, the court must order  recog-
 nizance or bail.
   2.  When the defendant is charged, by felony complaint, with a felony,
 the court may, in its discretion, order recognizance or bail  except  as
 otherwise provided in this subdivision:
   (a) A city court, a town court or a village court may not order recog-
 nizance or bail when (i) the defendant is charged with a class A felony,
 or   (ii)  it  appears  that  the  defendant  has  two  previous  felony
 convictions;
   (b)] SHALL, BY A SECURING ORDER, RELEASE THE DEFENDANT  PENDING  TRIAL
 ON  THE DEFENDANT'S PERSONAL RECOGNIZANCE, UNLESS THE COURT FINDS ON THE
 RECORD THAT RELEASE ON  RECOGNIZANCE  WILL  NOT  REASONABLY  ASSURE  THE
 DEFENDANT'S  COURT ATTENDANCE. IN SUCH INSTANCES, THE COURT WILL RELEASE
 THE  DEFENDANT  UNDER  NON-MONETARY  CONDITIONS,  SELECTING  THE   LEAST
 RESTRICTIVE  ALTERNATIVE  THAT  WILL  REASONABLY  ASSURE THE DEFENDANT'S
 COURT ATTENDANCE. THE COURT WILL SUPPORT ITS CHOICE  OF  ALTERNATIVE  ON
 THE  RECORD.  THE DEFENDANT SHALL NOT BE REQUIRED TO PAY FOR ANY PART OF
 THE COST OF RELEASE UNDER NON-MONETARY CONDITIONS.
   2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 IN  CASES  WHERE  THE  PEOPLE MOVE FOR PRETRIAL DETENTION, THE COURT MAY

 A. 2726                             9
 
 COMMIT THE DEFENDANT TO THE CUSTODY OF THE SHERIFF OR ISSUE  A  SECURING
 ORDER IN ACCORDANCE WITH ARTICLE FIVE HUNDRED FORTY-FIVE OF THIS TITLE.
   3.  NOTWITHSTANDING  THE  PROVISIONS OF SUBDIVISION ONE OR TWO OF THIS
 SECTION, IN CASES WHERE THE DEFENDANT IS  CHARGED  BY  FELONY  COMPLAINT
 WITH A FELONY AND EITHER IS CHARGED WITH A CLASS A FELONY, OR IT APPEARS
 THAT  THE DEFENDANT HAS TWO PREVIOUS FELONY CONVICTIONS WITHIN THE MEAN-
 ING OF SUBDIVISION ONE OF SECTION 70.08 OR 70.10 OF THE PENAL  LAW;  THE
 COURT,  A  CITY  COURT,  TOWN  COURT OR A VILLAGE COURT SHALL COMMIT THE
 DEFENDANT TO THE CUSTODY OF THE SHERIFF FOR THE COUNTY OR SUPERIOR COURT
 TO MAKE A DETERMINATION ABOUT A SECURING ORDER WITHIN THREE DAYS.
   4. No local criminal court may order [recognizance or bail] A SECURING
 ORDER with respect to a defendant  charged  with  a  felony  unless  and
 until[:
   (i) The district attorney has been heard in the matter or, after know-
 ledge  or  notice  of  the  application and reasonable opportunity to be
 heard, has failed to appear at the proceeding or  has  otherwise  waived
 his right to do so; and
   (ii)  The]  THE  court  [has],  AND COUNSEL FOR THE DEFENSE, HAVE been
 furnished with a report of the division  of  criminal  justice  services
 concerning  the  defendant's  criminal  record  if  any or with a police
 department report with respect  to  the  defendant's  prior  arrest  AND
 CONVICTION  record,  IF  ANY. If neither report is available, the court,
 with the consent of  the  district  attorney,  may  dispense  with  this
 requirement;  provided, however, that in an emergency, including but not
 limited to a substantial impairment in the ability of such  division  or
 police  department to timely furnish such report, such consent shall not
 be required if, for reasons stated on the record,  the  court  deems  it
 unnecessary.  [When the court has been furnished with any such report or
 record, it shall furnish a copy thereof to counsel for the defendant or,
 if the defendant is not represented by counsel, to the defendant.]
   § 18. The section heading and subdivisions 1 and 2 of  section  530.30
 of  the  criminal procedure law, subdivision 2 as amended by chapter 762
 of the laws of 1971, are amended to read as follows:
   [Order of recognizance or bail;]  SECURING  ORDER  by  superior  court
 judge when action is pending in local criminal court.
   1.    When  a  criminal  action  is pending in a local criminal court,
 [other than one consisting of a superior court judge sitting as such,] a
 judge of a superior court holding a term thereof  in  the  county,  upon
 application  of  a  defendant,  AND  WITHIN  ONE  WORKING DAY, may order
 [recognizance or bail] A SECURING ORDER when such local criminal court:
   (a)  Lacks authority to issue such an order,  pursuant  to  [paragraph
 (a) of] subdivision [two] FOUR of section 530.20 OF THIS ARTICLE; or
   (b)  Has denied an application for recognizance [or bail]; or
   (c)   Has [fixed bail which is excessive] IMPROPERLY GRANTED A REQUEST
 FOR A PRETRIAL DETENTION HEARING; OR
   (D) HAS SET A SECURING ORDER OF RELEASE UNDER NON-MONETARY  CONDITIONS
 WHICH  ARE  MORE  RESTRICTIVE  THAN NECESSARY TO REASONABLY ENSURE COURT
 ATTENDANCE. In such case, such superior court judge may vacate the order
 of such local criminal court and release  the  defendant  on  [his  own]
 recognizance  [or  fix  bail  in a lesser amount or in a less burdensome
 form] OR UNDER RELEASE WITH CONDITIONS, WHICHEVER IS THE LEAST  RESTRIC-
 TIVE  ALTERNATIVE  THAT WILL REASONABLY ASSURE DEFENDANT'S APPEARANCE IN
 COURT. THE COURT WILL SUPPORT ITS CHOICE OF ALTERNATIVE ON THE RECORD.
   2. Notwithstanding the provisions of subdivision one OF THIS  SECTION,
 when the defendant is charged with a felony in a local criminal court, a
 superior court judge may not [order recognizance or bail] ISSUE A SECUR-

 A. 2726                            10
 
 ING  ORDER unless and until the district attorney has had an opportunity
 to be heard in the matter and such  judge  has  been  furnished  with  a
 report  as described in [subparagraph (ii) of paragraph (b) of] subdivi-
 sion [two] FOUR of section 530.20 OF THIS ARTICLE.
   §  19.  Section 530.40 of the criminal procedure law, subdivision 3 as
 amended by chapter 264 of the laws of 2003 and subdivision 4 as  amended
 by chapter 762 of the laws of 1971, is amended to read as follows:
 § 530.40 [Order  of  recognizance  or  bail;] SECURING ORDER by superior
            court when action is pending therein.
   When a criminal action is pending in a  superior  court,  such  court,
 upon  application  of  a  defendant,  [must or may order recognizance or
 bail] SHALL ISSUE A SECURING ORDER as follows:
   1. [When the defendant is charged with an offense or offenses of  less
 than felony grade only, the court must order recognizance or bail.
   2.  When the defendant is charged with a felony, the court may, in its
 discretion, order recognizance or bail. In any such  case  in  which  an
 indictment  (a)  has  resulted  from  an order of a local criminal court
 holding the defendant for the action of the grand jury, or (b) was filed
 at a time when a felony complaint charging the same conduct was  pending
 in  a  local criminal court, and in which such local criminal court or a
 superior court judge has issued an order of recognizance or  bail  which
 is  still  effective, the superior court's order may be in the form of a
 direction continuing the effectiveness of the previous  order.]  RELEASE
 THE  DEFENDANT  PENDING  TRAIL ON THE DEFENDANT'S PERSONAL RECOGNIZANCE,
 UNLESS THE COURT FINDS ON THE RECORD THAT RELEASE ON  RECOGNIZANCE  WILL
 NOT   REASONABLY  ASSURE  THE  DEFENDANT'S  COURT  ATTENDANCE.  IN  SUCH
 INSTANCES, THE COURT  WILL  RELEASE  THE  DEFENDANT  UNDER  NON-MONETARY
 CONDITIONS,  SELECTING  THE  LEAST  RESTRICTIVE  ALTERNATIVE  THAT  WILL
 REASONABLY ASSURE THE  DEFENDANT'S  COURT  ATTENDANCE.  THE  COURT  WILL
 SUPPORT ITS CHOICE OF ALTERNATIVE ON THE RECORD. THE DEFENDANT SHALL NOT
 BE  REQUIRED  TO PAY FOR ANY PART OF THE COST OF RELEASE UNDER NON-MONE-
 TARY CONDITIONS.
   2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 IN  CASES  WHERE  THE  PEOPLE MOVE FOR PRETRIAL DETENTION, THE COURT MAY
 COMMIT THE DEFENDANT TO THE CUSTODY OF THE SHERIFF OR ISSUE  A  SECURING
 ORDER IN ACCORDANCE WITH ARTICLE FIVE HUNDRED FORTY-FIVE OF THIS TITLE.
   3.  Notwithstanding  the  provisions  of subdivision [two] ONE OF THIS
 SECTION, a superior court may not [order recognizance or bail]  ISSUE  A
 SECURING  ORDER,  or permit a defendant to remain at liberty pursuant to
 an existing order, after  [he]  THE  DEFENDANT  has  been  convicted  of
 either:  (a)  a  class  A  felony  or  (b) any class B or class C felony
 defined in article one hundred thirty of  the  penal  law  committed  or
 attempted  to  be  committed  by a person eighteen years of age or older
 against a person less than eighteen years of age.  In  either  case  the
 court must commit or remand the defendant to the custody of the sheriff.
   4.  Notwithstanding  the  provisions  of subdivision [two] ONE OF THIS
 SECTION, a superior court may not [order recognizance or bail]  ISSUE  A
 SECURING  ORDER  when  the defendant is charged with a felony unless and
 until the district attorney has had an opportunity to be  heard  in  the
 matter  and  such  court  [has]  AND  COUNSEL  FOR THE DEFENSE HAVE been
 furnished with a report as described in [subparagraph (ii) of  paragraph
 (b) of] subdivision [two] FOUR of section 530.20 OF THIS ARTICLE.
   §  20.  Subdivision 1 of section 530.45 of the criminal procedure law,
 as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
 follows:

 A. 2726                            11
 
   1. When the defendant is at liberty in the course of a criminal action
 as  a  result  of a prior [order of recognizance or bail] SECURING ORDER
 and the court revokes such order [and then either fixes no bail or fixes
 bail in a greater amount or in a more burdensome form than was previous-
 ly fixed and remands or commits defendant to the custody of the sheriff,
 a judge designated in subdivision two, upon application of the defendant
 following  conviction  of  an  offense  other than a class A felony or a
 class B or class C felony offense defined in article one hundred  thirty
 of  the  penal  law  committed  or attempted to be committed by a person
 eighteen years of age or older against a person less than eighteen years
 of age, and before sentencing, may issue a  securing  order  and  either
 release defendant on his own recognizance, or fix bail, or fix bail in a
 lesser  amount  or],  SUCH  COURT  MAY ISSUE A MORE RESTRICTIVE SECURING
 ORDER in a less [burdensome] RESTRICTIVE form than fixed by the court in
 which the conviction was entered.
   § 21. Section 530.60 of the criminal procedure law is REPEALED.
   § 22. Title P of the criminal procedure law is amended by adding a new
 article 545 to read as follows:
                      ARTICLE 545--PRETRIAL DETENTION
 SECTION 545.10 PRETRIAL DETENTION; WHEN ORDERED.
         545.20 ELIGIBILITY FOR A PRETRIAL DETENTION HEARING.
         545.30 PRETRIAL DETENTION HEARING.
         545.40 ORDER FOR PRETRIAL DETENTION.
         545.50 REOPENING OF PRETRIAL HEARING.
         545.60 LENGTH OF DETENTION FOR DEFENDANT HELD UNDER  A  PRETRIAL
                DETENTION ORDER.
 § 545.10 PRETRIAL DETENTION; WHEN ORDERED.
   A COUNTY OR SUPERIOR COURT MAY ORDER, BEFORE TRIAL, THE DETENTION OF A
 DEFENDANT  IF  THE  PEOPLE SEEK DETENTION OF THE DEFENDANT UNDER SECTION
 545.20 OF THIS ARTICLE, AND, AFTER A HEARING PURSUANT TO SECTION  545.30
 OF  THIS ARTICLE, THE COURT FINDS CLEAR AND CONVINCING EVIDENCE THAT THE
 DEFENDANT POSES A HIGH RISK OF INTENTIONAL FLIGHT  FOR  THE  PURPOSE  OF
 EVADING  CRIMINAL  PROSECUTION  AND THAT NO CONDITIONS OR COMBINATION OF
 CONDITIONS IN THE  COMMUNITY  WILL  REASONABLY  ASSURE  THE  DEFENDANT'S
 RETURN TO COURT.
 § 545.20 ELIGIBILITY FOR A PRETRIAL DETENTION HEARING.
   1.  THE  PEOPLE  MAY  MAKE  A  MOTION  SEEKING PRETRIAL DETENTION OF A
 DEFENDANT AT ANY TIME, EXCEPT THAT WHERE THE PEOPLE DID NOT SO MOVE WHEN
 THE DEFENDANT INITIALLY CAME UNDER CONTROL OF THE COURT, THE PEOPLE MUST
 SHOW A CHANGE OF CIRCUMSTANCES OR THAT INFORMATION EXISTS THAT  WAS  NOT
 KNOWN  TO  THE PEOPLE WHEN THE DEFENDANT INITIALLY CAME UNDER CONTROL OF
 THE COURT. THE PEOPLE MAY SEEK THE PRETRIAL DETENTION OF A DEFENDANT:
   (A) CHARGED WITH A FELONY  WHERE  THERE  IS  AN  ALLEGATION  THAT  THE
 DEFENDANT,  WITH  INTENT  TO  CAUSE  SERIOUS  PHYSICAL INJURY TO ANOTHER
 PERSON, CAUSED SUCH INJURY TO SUCH PERSON  OR  TO  A  THIRD  PERSON,  OR
 ATTEMPTED TO CAUSE SUCH INJURY TO SUCH PERSON OR TO A THIRD PERSON;
   (B)  CHARGED  WITH AN OFFENSE WHERE, IF CONVICTED, THE DEFENDANT WOULD
 BE SUBJECT TO A SENTENCE UNDER SECTION 70.08 OF THE PENAL LAW;
   (C) CHARGED WITH OFFENSES INVOLVING WITNESS INTIMIDATION UNDER SECTION
 215.15, 215.16, OR 215.17 OF THE PENAL LAW; OR
   (D) WHO HAS WILLFULLY AND PERSISTENTLY FAILED TO APPEAR  IN  COURT  IN
 THE INSTANT CASE.
   2. IF, UPON SUCH MOTION BY THE PEOPLE, THE COURT FINDS THAT THE PEOPLE
 HAVE  SHOWN  A  LIKELIHOOD  OF  SUCCESS  ON  THEIR  MOTION  FOR PRETRIAL
 DETENTION, THE COURT MAY ORDER A HEARING PURSUANT TO SECTION  545.30  OF
 THIS ARTICLE. UPON ORDERING A HEARING PURSUANT TO SECTION 545.30 OF THIS

 A. 2726                            12
 
 ARTICLE,  THE  COURT SHALL EITHER COMMIT THE DEFENDANT TO THE CUSTODY OF
 THE SHERIFF OR ISSUE A SECURING ORDER.    THE  COURT  WILL  SUPPORT  ITS
 CHOICE OF ALTERNATIVE ON THE RECORD. IF THE DEFENDANT IS AT LIBERTY, THE
 COURT MAY ISSUE A WARRANT AND HAVE THE DEFENDANT BROUGHT INTO CUSTODY OF
 THE  SHERIFF,  EXCEPT  THAT,  BEFORE  A BENCH WARRANT MAY BE ISSUED, THE
 COURT MUST PROVIDE THE DEFENDANT FORTY-EIGHT HOURS ADVANCED NOTICE  THAT
 HE  OR  SHE  IS  REQUIRED  TO  APPEAR IN COURT IN ORDER TO GIVE THEM THE
 OPPORTUNITY TO APPEAR VOLUNTARILY.
 § 545.30 PRETRIAL DETENTION HEARING.
   1. A HEARING SHALL BE HELD WITHIN TWO WORKING DAYS OF THE COURT ORDER-
 ING A PRETRIAL DETENTION HEARING. AT THE HEARING,  THE  DEFENDANT  SHALL
 HAVE  THE RIGHT TO BE REPRESENTED BY COUNSEL, AND, IF FINANCIALLY UNABLE
 TO OBTAIN COUNSEL, TO HAVE COUNSEL  ASSIGNED.  THE  DEFENDANT  SHALL  BE
 AFFORDED  AN OPPORTUNITY TO TESTIFY, TO PRESENT WITNESSES, TO CROSS-EXA-
 MINE WITNESSES WHO APPEAR AT THE HEARING, AND TO PRESENT INFORMATION  BY
 PROFFER  OR  OTHERWISE.    THE  RULES  CONCERNING  THE  ADMISSIBILITY OF
 EVIDENCE IN CRIMINAL TRIALS DO NOT APPLY TO THE PRESENTATION AND CONSID-
 ERATION OF INFORMATION DURING THE HEARING.
   2. PRIOR TO THE HEARING, THE PROSECUTION SHALL DISCLOSE TO THE DEFEND-
 ANT, AND PERMIT THE DEFENDANT TO DISCOVER, INSPECT, COPY  OR  PHOTOGRAPH
 ALL  STATEMENTS  OR  REPORTS  THAT  RELATE TO THE PROSECUTION'S PRETRIAL
 DETENTION MOTION THAT ARE IN THE POSSESSION, CUSTODY OR CONTROL  OF  THE
 PROSECUTION,  OR  PERSONS UNDER THE PROSECUTION'S DIRECTION AND CONTROL,
 INCLUDING:
   (A) THE COMPLAINT AND SUPPORTING DOCUMENTS;
   (B) POLICE REPORTS;
   (C) ALL STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN  ANY  WRITING
 OR  RECORDING,  AND  THE  SUBSTANCE  OF ALL ORAL STATEMENTS, MADE BY THE
 DEFENDANT OR A CO-DEFENDANT;
   (D) ALL STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN  ANY  WRITING
 OR RECORDING, MADE BY PERSONS WHOM THE PROSECUTOR KNOWS TO HAVE EVIDENCE
 OR INFORMATION THAT RELATE TO THE SUBJECT MATTER OF THE CASE;
   (E) ALL STATEMENTS OR REPORTS UPON WHICH THE PROSECUTION RELIES IN THE
 HEARING; AND
   (F)  ALL  FACTS, EVIDENCE, AND INFORMATION FAVORABLE TO THE DEFENDANT,
 INCLUDING BUT NOT LIMITED  TO  INFORMATION  THAT  TENDS  TO  NEGATE  THE
 DEFENDANT'S  GUILT OR THAT TENDS TO MITIGATE THE DEFENDANT'S CULPABILITY
 AS TO A CHARGED OFFENSE, OR THAT TENDS TO SUPPORT  A  POTENTIAL  DEFENSE
 THERETO,  OR  THAT  TENDS  TO  SUPPORT  A MOTION TO SUPPRESS EVIDENCE ON
 CONSTITUTIONAL OR STATUTORY GROUNDS, OR THAT WOULD TEND  TO  REDUCE  THE
 PUNISHMENT  OF  THE DEFENDANT, OR THAT IS RELEVANT TO A WITNESS'S CREDI-
 BILITY, WITHOUT REGARD TO THE MATERIALITY OF THE INFORMATION.
   3. IN HEARINGS IN CASES FOR WHICH THERE IS NO INDICTMENT,  THE  PEOPLE
 SHALL ESTABLISH PROBABLE CAUSE THAT THE ELIGIBLE DEFENDANT COMMITTED THE
 CHARGED  OFFENSE.  THE  PEOPLE  MUST  ESTABLISH  BY CLEAR AND CONVINCING
 EVIDENCE THAT THE DEFENDANT POSES A HIGH RISK OF INTENTIONAL FLIGHT  FOR
 THE  PURPOSE  OF  EVADING  CRIMINAL PROSECUTION AND THAT NO CONDITION OR
 COMBINATION OF CONDITIONS IN THE COMMUNITY WILL  REASONABLY  ASSURE  THE
 DEFENDANT'S RETURN TO COURT.
   4. IN DETERMINING WHETHER THE DEFENDANT PRESENTS A HIGH RISK OF INTEN-
 TIONAL FLIGHT FOR THE PURPOSE OF EVADING CRIMINAL PROSECUTION AND WHETH-
 ER  NO  CONDITION  OR  COMBINATION  OF  CONDITIONS IN THE COMMUNITY WILL
 REASONABLY ASSURE THE DEFENDANT'S RETURN TO COURT, THE  COURT  MAY  TAKE
 INTO ACCOUNT THE FOLLOWING INFORMATION:
   (A) THE NATURE AND CIRCUMSTANCES OF THE CHARGED OFFENSE;

 A. 2726                            13
 
   (B)  THE WEIGHT OF THE EVIDENCE AGAINST THE DEFENDANT, EXCEPT THAT THE
 COURT MAY CONSIDER THE  ADMISSIBILITY  OF  ANY  EVIDENCE  SOUGHT  TO  BE
 EXCLUDED;
   (C)  THE DEFENDANT'S CURRENT AND PRIOR HISTORY OF FAILURE TO APPEAR IN
 COURT WHETHER SUCH FAILURES TO APPEAR WERE WILLFUL; AND
   (D) WHETHER, AT THE TIME OF THE CURRENT OFFENSE OR ARREST, THE DEFEND-
 ANT WAS ON PROBATION, PAROLE, OR ON RELEASE PENDING TRIAL, SENTENCING OR
 COMPLETION OF A SENTENCE IN THIS STATE OR OTHER JURISDICTIONS.
   5. NOTHING IN THIS SECTION SHALL INFRINGE UPON THE  DEFENDANT'S  RIGHT
 TO RELEASE PURSUANT TO SECTIONS 170.70 AND 180.80 OF THIS CHAPTER.
 § 545.40 ORDER FOR PRETRIAL DETENTION.
   IN  A  PRETRIAL  DETENTION  ORDER ISSUED PURSUANT TO SECTION 545.10 OF
 THIS ARTICLE, THE COURT SHALL:
   1. INCLUDE WRITTEN FINDINGS OF FACT AND A  WRITTEN  STATEMENT  OF  THE
 REASONS FOR THE DETENTION; AND
   2.  DIRECT THAT THE ELIGIBLE DEFENDANT BE AFFORDED REASONABLE OPPORTU-
 NITY FOR PRIVATE CONSULTATION WITH COUNSEL.
 § 545.50 REOPENING OF PRETRIAL HEARING.
   A PRETRIAL DETENTION HEARING MAY BE RE-OPENED, REGARDLESS OF WHETHER A
 PRETRIAL DETENTION ORDER HAS BEEN PREVIOUSLY ISSUED, UPON  A  MOTION  BY
 THE PEOPLE OR BY THE DEFENDANT, AT ANY TIME BEFORE FINAL DISPOSITION, IF
 THE  COURT  FINDS  EITHER  A CHANGE OF CIRCUMSTANCES OR THAT INFORMATION
 EXISTS THAT WAS NOT KNOWN TO THE PEOPLE OR TO THE DEFENDANT AT THE  TIME
 OF  THE  HEARING,  THAT  HAS  A MATERIAL BEARING ON THE ISSUE OF WHETHER
 DEFENDANT PRESENTS A HIGH RISK OF INTENTIONAL FLIGHT FOR THE PURPOSE  OF
 EVADING CRIMINAL PROSECUTION, AND WHETHER NO CONDITION OR COMBINATION OF
 CONDITIONS  IN  THE  COMMUNITY  WILL  REASONABLY  ASSURE THE DEFENDANT'S
 RETURN TO COURT.
 § 545.60 LENGTH  OF  DETENTION  FOR  DEFENDANT  HELD  UNDER  A  PRETRIAL
            DETENTION ORDER.
   1.  WHERE A DEFENDANT HAS BEEN COMMITTED TO THE CUSTODY OF THE SHERIFF
 IN A CRIMINAL ACTION, THE DEFENDANT MUST BE RELEASED ON HIS OR  HER  OWN
 RECOGNIZANCE  OR  ON NON-MONETARY CONDITIONS OF RELEASE IF THE DEFENDANT
 HAS NOT BEEN BROUGHT TO TRIAL WITHIN:
   (A) ONE HUNDRED TWENTY DAYS FROM THE  DEFENDANT'S  ARRAIGNMENT  ON  AN
 INDICTMENT  OR  SUPERIOR  COURT  INFORMATION,  OR  FROM  THE DEFENDANT'S
 COMMITMENT TO THE CUSTODY OF THE SHERIFF, WHICHEVER IS LATER, IN A CRIM-
 INAL ACTION WHEREIN THE DEFENDANT IS ACCUSED OF ONE OR MORE OFFENSES, AT
 LEAST ONE OF WHICH IS A FELONY;
   (B) THIRTY DAYS FROM THE DEFENDANT'S 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 DEFENDANT'S 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; OR
   (D)  FIVE  DAYS  FROM THE DEFENDANT'S 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 VEHICLE AND TRAF-
 FIC LAW INFRACTION AND NONE OF WHICH IS A CRIME.
   2.  THE TIME WITHIN WHICH A DEFENDANT MUST BE BROUGHT TO TRIAL FOR THE
 PURPOSES OF PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE  OF  THIS  SECTION

 A. 2726                            14
 
 MAY  BE  EXTENDED UPON A SHOWING OF EXCEPTIONAL CIRCUMSTANCES, BUT BY NO
 MORE THAN TWO PERIODS OF UP TO TWENTY DAYS EACH  IN  A  CRIMINAL  ACTION
 WHEREIN  THE  DEFENDANT IS ACCUSED OF ONE OR MORE OFFENSES, AT LEAST ONE
 OF  WHICH  IS  A  FELONY,  OR ONE PERIOD OF UP TO TEN DAYS 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 IMPRI-
 SONMENT OF MORE THAN THREE MONTHS AND NONE OF  WHICH  IS  A  FELONY.  IN
 COMPUTING THE TIME WITHIN WHICH A DEFENDANT MUST BE BROUGHT TO TRIAL FOR
 THE  PURPOSES  OF  THIS  SUBDIVISION,  THE  FOLLOWING  PERIODS  SHALL BE
 EXCLUDED:
   (A) ANY PERIOD FROM THE FILING OF THE NOTICE OF APPEAL TO THE ISSUANCE
 OF THE MANDATE IN AN INTERLOCUTORY APPEAL;
   (B) ANY PERIOD  ATTRIBUTABLE  TO  ANY  EXAMINATION  TO  DETERMINE  THE
 DEFENDANT'S  SANITY  OR  LACK  THEREOF  OR HIS OR HER MENTAL OR PHYSICAL
 COMPETENCY TO STAND TRIAL;
   (C) ANY PERIOD ATTRIBUTABLE TO  THE  INABILITY  OF  THE  DEFENDANT  TO
 PARTICIPATE IN THE DEFENDANT'S DEFENSE BECAUSE OF MENTAL INCOMPETENCY OR
 PHYSICAL INCAPACITY; AND
   (D)  ANY  PERIOD  IN  WHICH THE DEFENDANT IS OTHERWISE UNAVAILABLE FOR
 TRIAL.
   3. IF THE DEFENDANT HAS NOT BEEN BROUGHT TO TRIAL WITHIN THE  APPLICA-
 BLE  TIME PERIOD ESTABLISHED BY THIS SUBDIVISION, THE DEFENDANT SHALL BE
 RELEASED OF HIS OR HER OWN RECOGNIZANCE OR UNDER NON-MONETARY CONDITIONS
 OF RELEASE PENDING TRIAL, UNLESS:
   (A) THE TRIAL IS IN PROGRESS;
   (B) THE TRIAL HAS BEEN  DELAYED  BY  THE  TIMELY  FILING  OF  MOTIONS,
 EXCLUDING MOTIONS FOR CONTINUANCES; OR
   (C) THE TRIAL HAS BEEN DELAYED AT THE REQUEST OF THE DEFENDANT.
   § 23. Article 68 of the insurance law is REPEALED.
   § 24. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
 procedure law, as amended by chapter 258 of the laws of 2015, is amended
 to read as follows:
   (a)  If  at any time during the defendant's participation in the judi-
 cial diversion program, the court has reasonable grounds to believe that
 the defendant has violated a release condition or has failed  to  appear
 before  the  court as requested, the court shall direct the defendant to
 appear or issue a bench warrant to a police officer  or  an  appropriate
 peace  officer  directing  him or her to take the defendant into custody
 and bring the defendant before  the  court  without  unnecessary  delay;
 provided,  however,  that  under  no circumstances shall a defendant who
 requires treatment for opioid abuse or  dependence  be  deemed  to  have
 violated a release condition on the basis of his or her participation in
 medically  prescribed  drug  treatments  under the care of a health care
 professional licensed or certified under title eight  of  the  education
 law,  acting within his or her lawful scope of practice.  The provisions
 of [subdivision one of] section [530.60] 545.50 of this chapter relating
 to [revocation of recognizance or  bail]  ISSUANCE  OF  SECURING  ORDERS
 shall apply to such proceedings under this subdivision.
   § 25. Subdivision 2 of section 620.40 of the criminal procedure law is
 amended to read as follows:
   2.  If  the  proceeding  is  adjourned  at  the  prospective  witness'
 instance, for the purpose of obtaining counsel or otherwise,  the  court
 must order him to appear upon the adjourned date.  The court may further
 [fix  bail] IMPOSE NON-MONETARY CONDITIONS to secure his appearance upon
 such date or until the proceeding is completed [and, upon default there-
 of, may commit him to the custody of the sheriff for such period].

 A. 2726                            15
 
   § 26. Subdivisions 2 and 3 of section 620.50 of the criminal procedure
 law are amended to read as follows:
   2.  If the court is satisfied after such hearing that there is reason-
 able  cause to believe that the prospective witness (a) possesses infor-
 mation material to the pending action or proceeding, and (b) will not be
 amenable or respond to a subpoena at a time when his attendance will  be
 sought, it may issue a material witness order, adjudging [him] THE INDI-
 VIDUAL  a material witness and [fixing bail to secure his] RELEASING THE
 INDIVIDUAL ON THE INDIVIDUAL'S OWN RECOGNIZANCE UNLESS THE  COURT  FINDS
 ON  THE  RECORD  THAT RELEASE ON RECOGNIZANCE WILL NOT REASONABLY ASSURE
 THE INDIVIDUAL'S COURT ATTENDANCE.   IN SUCH INSTANCES  THE  COURT  WILL
 RELEASE  THE  INDIVIDUAL  UNDER  NON-MONETARY  CONDITIONS, SELECTING THE
 LEAST RESTRICTIVE ALTERNATIVE THAT WILL REASONABLY ENSURE  THE  INDIVID-
 UAL'S future attendance.
   3.    [A]  WHEN  A  material  witness  order [must be] IS executed [as
 follows:
   (a)  If the bail is posted and approved], IF  NON-MONETARY  CONDITIONS
 ARE  IMPOSED by the court, the witness must[, as provided in subdivision
 three of section 510.40,] be released and  be  permitted  to  remain  at
 liberty[; provided that, where the bail is posted by a person other than
 the  witness  himself,  he may not be so released except upon his signed
 written consent thereto;
   (b)  If the bail is not posted, or if though posted it is not approved
 by the court, the witness must, as  provided  in  subdivision  three  of
 section 510.40, be committed to the custody of the sheriff].
   §  27.  Section  216  of  the judiciary law is amended by adding a new
 subdivision 5 to read as follows:
   5. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL COLLECT DATA AND REPORT
 ANNUALLY REGARDING PRETRIAL RELEASE AND DETENTION. SUCH DATA AND  REPORT
 SHALL CONTAIN INFORMATION CATEGORIZED BY GENDER, RACIAL AND ETHNIC BACK-
 GROUND,  REGARDING  THE  NATURE  OF THE CRIMINAL OFFENSES, THE NUMBER OF
 INDIVIDUALS RELEASED ON RECOGNIZANCE, THE NUMBER OF INDIVIDUALS RELEASED
 ON NON-MONETARY CONDITIONS, INCLUDING THE CONDITIONS IMPOSED, THE NUMBER
 OF INDIVIDUALS COMMITTED TO THE CUSTODY OF A SHERIFF PRIOR TO TRIAL, THE
 RATES OF FAILURE TO APPEAR AND REARREST AND ANY OTHER  SUCH  INFORMATION
 AS THE CHIEF ADMINISTRATOR MAY FIND NECESSARY AND APPROPRIATE.
   § 28. This act shall take effect November 1, 2020.