EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12570-03-9
S. 1505--A 2 A. 2005--A
laws of 2014, amending the vehicle and traffic law, the general munic-
ipal law, and the public officers law relating to owner liability for
failure of operator to comply with traffic-control indications in the
city of New Rochelle, in relation to extending the effectiveness ther-
eof; to amend chapter 746 of the laws of 1988, amending the vehicle
and traffic law, the general municipal law and the public officers law
relating to the civil liability of vehicle owners for traffic control
signal violations, in relation to extending the effectiveness thereof;
to amend local law number 46 of the city of New York for the year
1989, amending the administrative code of the city of New York relat-
ing to civil liability of vehicle owners for traffic control signal
violations, in relation to extending the effectiveness thereof; to
amend chapter 23 of the laws of 2009, amending the vehicle and traffic
law and the public officers law relating to adjudications and owner
liability for a violation of traffic-control signal indications, in
relation to extending the provisions of such chapter; to amend chapter
222 of the laws of 2015, amending the vehicle and traffic law, the
general municipal law, and the public officers law relating to owner
liability for failure of an operator to comply with traffic-control
indications in the city of White Plains, in relation to extending the
provisions of such chapter; and to amend chapter 20 of the laws of
2009, amending the vehicle and traffic law, the general municipal law,
and the public officers law, relating to owner liability for failure
of operator to comply with traffic control indications, in relation to
extending the provisions thereof (Part H); to amend the state finance
law, in relation to base level grants for per capita state aid for the
support of local government (Part I); to amend the real property tax
law, in relation to a class one reassessment exemption in a special
assessing unit that is not a city (Part J); to provide for the admin-
istration of certain funds and accounts related to the 2019-20 budget,
authorizing certain payments and transfers; to amend the state finance
law, in relation to the school tax relief fund; to amend the state
finance law, in relation to payments, transfers and deposits; to amend
the state finance law, in relation to reductions in enacted appropri-
ations; to amend chapter 174 of the laws of 1968, constituting the New
York state urban development corporation act, in relation to the issu-
ance of certain bonds or notes; to amend part D of chapter 389 of the
laws of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, in relation
to the issuance of certain bonds or notes; to amend the private hous-
ing finance law, in relation to the issuance of bonds or notes; to
amend chapter 329 of the laws of 1991, amending the state finance law
and other laws relating to the establishment of the dedicated highway
and bridge trust fund, in relation to the issuance of certain bonds or
notes; to amend the public authorities law, in relation to the issu-
ance of certain bonds or notes; to amend part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, in relation to the
issuance of certain bonds or notes; to amend part X of chapter 59 of
the laws of 2004, authorizing the New York state urban development
corporation and the dormitory authority of the state of New York to
issue bonds or notes, in relation to the issuance of such bonds or
notes; to amend part K of chapter 81 of the laws of 2002, relating to
providing for the administration of certain funds and accounts related
to the 2002-2003 budget, in relation to the issuance of certain bonds
or notes; to amend chapter 392 of the laws of 1973, constituting the
S. 1505--A 3 A. 2005--A
New York state medical care facilities finance agency act, in relation
to the issuance of certain bonds or notes; to amend chapter 359 of the
laws of 1968, constituting the facilities development corporation act,
in relation to the mental hygiene facilities improvement fund income
account; and to amend the state finance law, in relation to mental
health services fund; and providing for the repeal of certain
provisions upon expiration thereof (Part K); to amend chapter 22 of
the laws of 2014, relating to expanding opportunities for service-dis-
abled veteran-owned business enterprises, in relation to extending the
provisions thereof (Part L); to amend the workers' compensation law,
in relation to the investment of surplus funds of the state insurance
fund (Part M); to amend the workers' compensation law, in relation to
the right to cancel an insurance policy for failure by an employer to
cooperate with a payroll audit and to the collection of premiums in
case of default (Part N); to amend chapter 887 of the laws of 1983,
amending the correction law relating to the psychological testing of
candidates, in relation to the effectiveness thereof; to amend chapter
428 of the laws of 1999, amending the executive law and the criminal
procedure law relating to expanding the geographic area of employment
of certain police officers, in relation to extending the expiration of
such chapter; to amend chapter 886 of the laws of 1972, amending the
correction law and the penal law relating to prisoner furloughs in
certain cases and the crime of absconding therefrom, in relation to
the effectiveness thereof; to amend chapter 261 of the laws of 1987,
amending chapters 50, 53 and 54 of the laws of 1987, the correction
law, the penal law and other chapters and laws relating to correction-
al facilities, in relation to the effectiveness thereof; to amend
chapter 55 of the laws of 1992, amending the tax law and other laws
relating to taxes, surcharges, fees and funding, in relation to
extending the expiration of certain provisions of such chapter; to
amend chapter 339 of the laws of 1972, amending the correction law and
the penal law relating to inmate work release, furlough and leave, in
relation to the effectiveness thereof; to amend chapter 60 of the laws
of 1994 relating to certain provisions which impact upon expenditure
of certain appropriations made by chapter 50 of the laws of 1994
enacting the state operations budget, in relation to the effectiveness
thereof; to amend chapter 3 of the laws of 1995, amending the
correction law and other laws relating to the incarceration fee, in
relation to extending the expiration of certain provisions of such
chapter; to amend chapter 62 of the laws of 2011, amending the
correction law and the executive law relating to merging the depart-
ment of correctional services and division of parole into the depart-
ment of corrections and community supervision, in relation to the
effectiveness thereof; to amend chapter 907 of the laws of 1984,
amending the correction law, the New York city criminal court act and
the executive law relating to prison and jail housing and alternatives
to detention and incarceration programs, in relation to extending the
expiration of certain provisions of such chapter; to amend chapter 166
of the laws of 1991, amending the tax law and other laws relating to
taxes, in relation to extending the expiration of certain provisions
of such chapter; to amend the vehicle and traffic law, in relation to
extending the expiration of the mandatory surcharge and victim assist-
ance fee; to amend chapter 713 of the laws of 1988, amending the vehi-
cle and traffic law relating to the ignition interlock device program,
in relation to extending the expiration thereof; to amend chapter 435
of the laws of 1997, amending the military law and other laws relating
S. 1505--A 4 A. 2005--A
to various provisions, in relation to extending the expiration date of
the merit provisions of the correction law and the penal law of such
chapter; to amend chapter 412 of the laws of 1999, amending the civil
practice law and rules and the court of claims act relating to prison-
er litigation reform, in relation to extending the expiration of the
inmate filing fee provisions of the civil practice law and rules and
general filing fee provision and inmate property claims exhaustion
requirement of the court of claims act of such chapter; to amend chap-
ter 222 of the laws of 1994 constituting the family protection and
domestic violence intervention act of 1994, in relation to extending
the expiration of certain provisions of the criminal procedure law
requiring the arrest of certain persons engaged in family violence; to
amend chapter 505 of the laws of 1985, amending the criminal procedure
law relating to the use of closed-circuit television and other protec-
tive measures for certain child witnesses, in relation to extending
the expiration of the provisions thereof; to amend chapter 3 of the
laws of 1995, enacting the sentencing reform act of 1995, in relation
to extending the expiration of certain provisions of such chapter; to
amend chapter 689 of the laws of 1993 amending the criminal procedure
law relating to electronic court appearance in certain counties, in
relation to extending the expiration thereof; to amend chapter 688 of
the laws of 2003, amending the executive law relating to enacting the
interstate compact for adult offender supervision, in relation to the
effectiveness thereof; to amend chapter 56 of the laws of 2009, amend-
ing the correction law relating to limiting the closing of certain
correctional facilities, providing for the custody by the department
of correctional services of inmates serving definite sentences,
providing for custody of federal prisoners and requiring the closing
of certain correctional facilities, in relation to the effectiveness
of such chapter; to amend chapter 152 of the laws of 2001 amending the
military law relating to military funds of the organized militia, in
relation to the effectiveness thereof; to amend chapter 554 of the
laws of 1986, amending the correction law and the penal law relating
to providing for community treatment facilities and establishing the
crime of absconding from the community treatment facility, in relation
to the effectiveness thereof; and to amend chapter 55 of the laws of
2018 amending the criminal procedure law relating to pre-criminal
proceeding settlements in the city of New York, in relation to the
effectiveness thereof (Part O); to amend the criminal procedure law,
in relation to the statute of limitations in criminal prosecution of a
sexual offense committed against a child; to amend the civil practice
law and rules, in relation to the statute of limitations for civil
actions related to a sexual offense committed against a child, and
granting trial preference to such actions; to amend the general munic-
ipal law, in relation to providing that the notice of claim provisions
shall not apply to such actions; to amend the court of claims act, in
relation to providing that the notice of intention to file provisions
shall not apply to such actions; to amend the education law, in
relation to providing that the notice of claim provisions shall not
apply to such actions; and to amend the judiciary law, in relation to
judicial training relating to sexual abuse of minors and rules reviv-
ing civil actions relating to sexual offenses committed against chil-
dren (Part P); to amend the penal law, in relation to prohibiting a
sexual orientation panic defense (Part Q); to amend the criminal
procedure law, in relation to admissibility of a victim's sexual
conduct in a sex offense (Part R); to amend the penal law, the crimi-
S. 1505--A 5 A. 2005--A
nal procedure law, the family court act and the civil rights law, in
relation to establishing the crime of unlawful dissemination or publi-
cation of an intimate image (Part S); to amend the criminal procedure
law, in relation to the statute of limitations for rape in the second
degree and rape in the third degree (Part T); to amend the penal law
and the criminal procedure law, in relation to sentencing and resen-
tencing in domestic violence cases (Part U); to amend the penal law,
in relation to assault on a journalist (Part V); to amend the penal
law and the criminal procedure law, in relation to eliminating the
imposition of the death penalty; and to repeal certain provisions of
the criminal procedure law, the judiciary law, the county law, the
correction law and the executive law relating to the imposition of the
death penalty (Part W); to amend the penal law, in relation to prohib-
iting the possession, manufacture, transport and disposition of
rapid-fire modification devices (Part X); to amend the penal law and
the general business law, in relation to establishing a waiting period
before a firearm, shotgun or rifle may be delivered to a person (Part
Y); to amend the civil practice law and rules and the penal law, in
relation to establishing extreme risk protection orders as court-is-
sued orders of protection prohibiting a person from purchasing,
possessing or attempting to purchase or possess a firearm, rifle or
shotgun (Part Z); to amend the criminal procedure law and the judici-
ary law, in relation to the issuance of securing orders; and to repeal
certain provisions of the criminal procedure law and the insurance law
relating thereto (Subpart A); to amend the criminal procedure law and
the penal law, in relation to discovery reform and intimidating or
tampering with a victim or witness; and to repeal certain provisions
of the criminal procedure law relating thereto (Subpart B); and to
amend the criminal procedure law, in relation to a waiver and time
limits for a speedy trial (Subpart C) (Part AA); to amend the public
officers law, the civil practice law and rules and the executive law,
in relation to the freedom of information law; and to repeal section
88 of the public officers law, section 70-0113 of the environmental
conservation law and subdivision 4 of section 308 of the county law
relating thereto (Part BB); to amend the workers' compensation law, in
relation to extending the board's authority to resolve medical bill
disputes and simplify the process (Part CC); to amend section 14 of
part J of chapter 62 of the laws of 2003, amending the county law and
other laws relating to fees collected, in relation to certain fees
collected by the office of court administration; and to amend the
judiciary law, in relation to the biennial registration fee for attor-
neys (Part DD); to amend the criminal procedure law, in relation to
grand jury procedures (Part EE); authorizing the alienation of certain
parklands in the town of Hastings, county of Oswego (Part FF); to
amend the state finance law, in relation to authorizing use of
centralized services by public authorities and public benefit corpo-
rations to acquire energy products as centralized services from the
office of general services; to amend chapter 410 of the laws of 2009,
amending the state finance law relating to authorizing the aggregate
purchases of energy for state agencies, institutions, local govern-
ments, public authorities and public benefit corporations, in relation
to the effectiveness thereof; and to amend part C of chapter 97 of the
laws of 2011, amending the state finance law and other laws relating
to providing certain centralized service to political subdivisions and
extending the authority of the commissioner of general services to
aggregate purchases of energy for state agencies and political subdi-
S. 1505--A 6 A. 2005--A
visions, in relation to the effectiveness thereof (Part GG); to amend
the public buildings law, in relation to increasing the maximum
contract amount during construction emergencies; and to amend chapter
674 of the laws of 1993, amending the public buildings law relating to
value limitations on contracts, in relation to making such provisions
permanent (Part HH); to amend the banking law, in relation to licens-
ing considerations for check cashers (Subpart A); to amend the educa-
tion law, in relation to eligibility for serving on a New York city
community district education council and city-wide council (Subpart
B); to amend the executive law, in relation to licensing consider-
ations for bingo suppliers (Subpart C); to amend the executive law, in
relation to licensing considerations for notary publics (Subpart D);
to amend the general municipal law, in relation to licensing consider-
ations for suppliers of games of chance, for games of chance licen-
sees, for bingo licensees, and for lessors of premises to bingo licen-
sees (Subpart E); to amend the insurance law, in relation to licensing
considerations for insurer adjusters and for employment with insurance
adjusters; and to repeal certain provisions of such law relating ther-
eto (Subpart F); to amend the real property law, in relation to
licensing considerations for real estate brokers or real estate sales-
men (Subpart G); to amend the social services law, in relation to
participation as employer in subsidized employer programs (Subpart H);
to amend the vehicle and traffic law, in relation to eligibility for
employment by a driver's school (Subpart I); to repeal certain
provisions of the vehicle and traffic law, relating to mandatory
suspension of drivers' licenses for certain offenses (Subpart J); to
amend the public officers law, in relation to prohibiting disclosure
of law enforcement booking information and photographs (Subpart K); to
amend the executive law and the judiciary law, in relation to exclu-
sion of undisposed cases from criminal history record searches
(Subpart L); directs the commissioner of the division of criminal
justice services to seal certain records of any action or proceeding
terminated in favor of the accused or convictions for certain traffic
violations (Subpart M); to amend the executive law and the judiciary
law, in relation to preventing employment discrimination against
persons whose criminal charges have been adjourned in contemplation of
dismissal (Subpart N); to amend the executive law, in relation to
preventing employment discrimination against persons whose criminal
charges have been adjourned in contemplation of dismissal (Subpart O);
and to amend the executive law, in relation to release on compassion-
ate parole for inmates affected by age-related disability (Subpart P)
(Part II); to amend the correction law, in relation to segregated
confinement (Part JJ); to amend the penal law and the correction law,
in relation to shock incarceration (Part KK); to amend the civil
service law, in relation to establishing continuing eligible lists
(Part LL); to amend the civil service law, in relation to promotional
examination eligibility (Part MM); to amend the civil service law, in
relation to salary protection to incumbents (Part NN); to amend the
penal law, in relation to reducing certain sentences of imprisonment
for misdemeanors to three hundred sixty-four days (Part OO); to amend
the civil practice law and rules, the county law and the general
municipal law, in relation to restricting forfeiture actions and
creating greater accountability for seized assets; and to amend the
criminal procedure law and the penal law, in relation to reporting
certain demographic data (Part PP); to amend the family court act, in
relation to establishing the child-parent security act; and to repeal
S. 1505--A 7 A. 2005--A
section 73 and article 8 of the domestic relations law, relating to
artificial insemination and surrogate parenting contracts (Part QQ);
to amend the executive law, in relation to creating an office of
special investigation within the department of law, requiring reports
on the discharge of a firearm, and requiring the establishment of a
model law enforcement use of force policy (Part RR); to amend civil
practice law and rules, in relation to authorization to the Suffolk
county clerk to charge a block fee (Part SS); in relation to the
closure of correctional facilities; and providing for the repeal of
such provisions upon expiration thereof (Part TT); and to amend the
criminal procedure law, the alcoholic beverage control law, the admin-
istrative code of the city of New York, the correction law, the civil
rights law, the civil service law, the executive law, the general
business law, the public authorities law, the public health law, the
public officers law, the penal law, the tax law, the workers' compen-
sation law and the general municipal law, in relation to peace offi-
cers; and to repeal certain provisions of the criminal procedure law
relating thereto (Part UU)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2019-2020
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through UU. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
Section 1. Section 167 of the civil service law is amended by adding a
new subdivision 10 to read as follows:
10. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THE STATE'S
CONTRIBUTION FOR THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE
COVERAGE OF RETIRED STATE EMPLOYEES WHO ARE ENROLLED IN THE STATEWIDE
AND THE SUPPLEMENTARY HEALTH BENEFIT PLANS ESTABLISHED PURSUANT TO THIS
ARTICLE AND WHO ARE HIRED ON OR AFTER APRIL FIRST, TWO THOUSAND NINETEEN
SHALL BE AS SET FORTH IN THIS SUBDIVISION.
(A) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO
GRADE TEN OR HIGHER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF
SERVICE, THE STATE SHALL PAY FIFTY PERCENT OF THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE
EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF THE COST
OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF
TEN YEARS, TO A MAXIMUM OF SIXTY-EIGHT PERCENT OF THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES. FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT
OR EQUATED TO GRADE TEN OR HIGHER WITH TWENTY OR MORE YEARS OF SERVICE,
THE STATE SHALL PAY SEVENTY-FOUR PERCENT OF THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED STATE
S. 1505--A 8 A. 2005--A
EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY ONE PERCENT OF THE COST
OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN EXCESS OF
TWENTY YEARS, TO A MAXIMUM OF EIGHTY-FOUR PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES.
(B) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO
GRADE NINE OR LOWER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF
SERVICE, THE STATE SHALL PAY FIFTY-FOUR PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH RETIRED
STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY TWO PERCENT OF THE
COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN
EXCESS OF TEN YEARS, TO A MAXIMUM OF SEVENTY-TWO PERCENT OF THE COST OF
PREMIUM OR SUBSCRIPTION CHARGES. FOR STATE EMPLOYEES WHO RETIRE FROM A
POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH TWENTY OR MORE YEARS
OF SERVICE, THE STATE SHALL PAY SEVENTY-EIGHT PERCENT OF THE COST OF
PREMIUM OR SUBSCRIPTION CHARGES FOR THE INDIVIDUAL COVERAGE OF SUCH
RETIRED STATE EMPLOYEES. SUCH CONTRIBUTIONS SHALL INCREASE BY ONE
PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF
SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF EIGHTY-EIGHT PERCENT
OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES.
(C) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO
GRADE TEN OR HIGHER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF
SERVICE, THE STATE SHALL PAY THIRTY-FIVE PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED
STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF THE
COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN
EXCESS OF TEN YEARS, TO A MAXIMUM OF FIFTY-THREE PERCENT OF THE COST OF
PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES
WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE TEN OR HIGHER WITH
TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY FIFTY-NINE PERCENT
OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF
DEPENDENTS OF SUCH RETIRED STATE EMPLOYEES; SUCH CONTRIBUTION SHALL
INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES
FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF
SIXTY-NINE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR
SUCH DEPENDENTS.
(D) FOR STATE EMPLOYEES WHO RETIRE FROM A POSITION AT OR EQUATED TO
GRADE NINE OR LOWER WITH AT LEAST TEN BUT LESS THAN TWENTY YEARS OF
SERVICE, THE STATE SHALL PAY THIRTY-NINE PERCENT OF THE COST OF PREMIUM
OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF DEPENDENTS OF SUCH RETIRED
STATE EMPLOYEES; SUCH CONTRIBUTION SHALL INCREASE BY TWO PERCENT OF THE
COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EACH YEAR OF SERVICE IN
EXCESS OF TEN YEARS, TO A MAXIMUM OF FIFTY-SEVEN PERCENT OF THE COST OF
PREMIUM OR SUBSCRIPTION CHARGES FOR SUCH DEPENDENTS. FOR STATE EMPLOYEES
WHO RETIRE FROM A POSITION AT OR EQUATED TO GRADE NINE OR LOWER WITH
TWENTY OR MORE YEARS OF SERVICE, THE STATE SHALL PAY SIXTY-THREE PERCENT
OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR THE COVERAGE OF
DEPENDENTS OF SUCH RETIRED STATE EMPLOYEES; SUCH CONTRIBUTION SHALL
INCREASE BY ONE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES
FOR EACH YEAR OF SERVICE IN EXCESS OF TWENTY YEARS, TO A MAXIMUM OF
SEVENTY-THREE PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR
SUCH DEPENDENTS.
(E) WITH RESPECT TO ALL SUCH RETIRED STATE EMPLOYEES, EACH INCREMENT
OF ONE OR TWO PERCENT OF THE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR
EACH YEAR OF SERVICE SHALL BE APPLICABLE FOR WHOLE YEARS OF SERVICE TO
THE STATE AND SHALL NOT BE APPLIED ON A PRO-RATA BASIS FOR PARTIAL YEARS
OF SERVICE.
S. 1505--A 9 A. 2005--A
(F) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO:
(1) MEMBERS OF THE NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
SYSTEM;
(2) MEMBERS IN THE UNIFORMED PERSONNEL IN INSTITUTIONS UNDER THE
JURISDICTION OF THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION OR WHO ARE SECURITY HOSPITAL TREATMENT ASSISTANTS, AS DEFINED IN
SECTION EIGHTY-NINE OF THE RETIREMENT AND SOCIAL SECURITY LAW; AND
(3) ANY STATE EMPLOYEE DETERMINED TO HAVE RETIRED WITH AN ORDINARY,
ACCIDENTAL, OR PERFORMANCE OF DUTY DISABILITY RETIREMENT BENEFIT.
(G) FOR THE PURPOSES OF DETERMINING THE COST OF PREMIUM OR
SUBSCRIPTION CHARGES TO BE PAID BY THE STATE ON BEHALF OF RETIRED STATE
EMPLOYEES ENROLLED IN THE NEW YORK STATE HEALTH INSURANCE PROGRAM WHO
ARE HIRED ON OR AFTER APRIL FIRST, TWO THOUSAND NINETEEN, THE STATE
SHALL CONSIDER ALL YEARS OF SERVICE THAT A RETIRED STATE EMPLOYEE HAS
ACCRUED IN A PUBLIC RETIREMENT SYSTEM OF THE STATE OR AN OPTIONAL
RETIREMENT PROGRAM ESTABLISHED PURSUANT TO ARTICLE THREE, EIGHT-B, OR
ONE HUNDRED TWENTY-FIVE-A OF THE EDUCATION LAW. THE PROVISIONS OF THIS
PARAGRAPH MAY NOT BE USED TO GRANT ELIGIBILITY FOR RETIREE STATE HEALTH
INSURANCE COVERAGE TO A RETIREE WHO IS NOT OTHERWISE ELIGIBLE TO ENROLL
IN THE NEW YORK STATE HEALTH INSURANCE PROGRAM AS A RETIREE.
§ 2. This act shall take effect April 1, 2019.
PART B
Section 1. Section 167-a of the civil service law, as amended by
section 1 of part I of chapter 55 of the laws of 2012, is amended to
read as follows:
§ 167-a. Reimbursement for medicare premium charges. Upon exclusion
from the coverage of the health benefit plan of supplementary medical
insurance benefits for which an active or retired employee or a depend-
ent covered by the health benefit plan is or would be eligible under the
federal old-age, survivors and disability insurance program, an amount
equal to the STANDARD MEDICARE premium charge for such supplementary
medical insurance benefits for such active or retired employee and his
or her dependents, if any, shall be paid monthly or at other intervals
to such active or retired employee from the health insurance fund.
FURTHERMORE, EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY THERE SHALL BE
NO PAYMENT WHATSOEVER FOR THE INCOME RELATED MONTHLY ADJUSTMENT AMOUNT
FOR AMOUNTS (PREMIUMS) INCURRED ON OR AFTER JANUARY FIRST, TWO THOUSAND
NINETEEN TO ANY ACTIVE OR RETIRED EMPLOYEE AND HIS OR HER DEPENDENTS, IF
ANY. Where appropriate, such STANDARD MEDICARE PREMIUM amount may be
deducted from contributions payable by the employee or retired employee;
or where appropriate in the case of a retired employee receiving a
retirement allowance, such STANDARD MEDICARE PREMIUM amount may be
included with payments of his or her retirement allowance. All state
employer, employee, retired employee and dependent contributions to the
health insurance fund, including contributions from public authorities,
public benefit corporations or other quasi-public organizations of the
state eligible for participation in the health benefit plan as author-
ized by subdivision two of section one hundred sixty-three of this arti-
cle, shall be adjusted as necessary to cover the cost of reimbursing
federal old-age, survivors and disability insurance program premium
charges under this section. This cost shall be included in the calcu-
lation of premium or subscription charges for health coverage provided
to employees and retired employees of the state, public authorities,
public benefit corporations or other quasi-public organizations of the
S. 1505--A 10 A. 2005--A
state; provided, however, the state, public authorities, public benefit
corporations or other quasi-public organizations of the state shall
remain obligated to pay no less than its share of such increased cost
consistent with its share of premium or subscription charges provided
for by this article. All other employer contributions to the health
insurance fund shall be adjusted as necessary to provide for such
payments.
§ 2. This act shall take effect immediately and shall apply on January
1, 2019 for the income related monthly adjustment amount for amounts,
premiums, incurred on or after January 1, 2019.
PART C
Section 1. Section 167-a of the civil service law, as amended by
section 1 of part I of chapter 55 of the laws of 2012, is amended to
read as follows:
§ 167-a. Reimbursement for medicare premium charges. Upon exclusion
from the coverage of the health benefit plan of supplementary medical
insurance benefits for which an active or retired employee or a depend-
ent covered by the health benefit plan is or would be eligible under the
federal old-age, survivors and disability insurance program, an amount
equal to the STANDARD MEDICARE premium charge for such supplementary
medical insurance benefits for such active or retired employee and his
or her dependents, if any, shall be paid monthly or at other intervals
to such active or retired employee from the health insurance fund;
PROVIDED, HOWEVER, SUCH PAYMENT FOR THE STANDARD MEDICARE PREMIUM CHARGE
SHALL NOT EXCEED ONE HUNDRED THIRTY-FIVE DOLLARS AND FIFTY CENTS PER
MONTH. Where appropriate, such STANDARD MEDICARE PREMIUM amount may be
deducted from contributions payable by the employee or retired employee;
or where appropriate in the case of a retired employee receiving a
retirement allowance, such STANDARD MEDICARE PREMIUM amount may be
included with payments of his or her retirement allowance. All state
employer, employee, retired employee and dependent contributions to the
health insurance fund, including contributions from public authorities,
public benefit corporations or other quasi-public organizations of the
state eligible for participation in the health benefit plan as author-
ized by subdivision two of section one hundred sixty-three of this arti-
cle, shall be adjusted as necessary to cover the cost of reimbursing
federal old-age, survivors and disability insurance program premium
charges under this section. This cost shall be included in the calcu-
lation of premium or subscription charges for health coverage provided
to employees and retired employees of the state, public authorities,
public benefit corporations or other quasi-public organizations of the
state; provided, however, the state, public authorities, public benefit
corporations or other quasi-public organizations of the state shall
remain obligated to pay no less than its share of such increased cost
consistent with its share of premium or subscription charges provided
for by this article. All other employer contributions to the health
insurance fund shall be adjusted as necessary to provide for such
payments.
§ 2. This act shall take effect immediately and shall apply to the
standard medicare premium amount on and after April 1, 2019.
PART D
S. 1505--A 11 A. 2005--A
Section 1. Section 5004 of the civil practice law and rules, as
amended by chapter 258 of the laws of 1981, is amended to read as
follows:
§ 5004. Rate of interest. [Interest shall be at the rate of nine per
centum per annum, except where otherwise provided by statute.] NOTWITH-
STANDING ANY OTHER PROVISION OF LAW OR REGULATION TO THE CONTRARY,
INCLUDING ANY LAW OR REGULATION THAT LIMITS THE ANNUAL RATE OF INTEREST
TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM, THE ANNUAL RATE OF INTEREST
TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM SHALL BE CALCULATED AT THE
ONE-YEAR UNITED STATES TREASURY BILL RATE. FOR THE PURPOSES OF THIS
SECTION, THE "ONE-YEAR UNITED STATES TREASURY BILL RATE" MEANS THE WEEK-
LY AVERAGE ONE-YEAR CONSTANT MATURITY TREASURY YIELD, AS PUBLISHED BY
THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, FOR THE CALENDAR
WEEK PRECEDING THE DATE OF THE ENTRY OF THE JUDGMENT AWARDING DAMAGES.
PROVIDED HOWEVER, THAT THIS SECTION SHALL NOT APPLY TO ANY PROVISION OF
THE TAX LAW WHICH PROVIDES FOR THE ANNUAL RATE OF INTEREST TO BE PAID ON
A JUDGMENT OR ACCRUED CLAIM.
§ 2. Section 16 of the state finance law, as amended by chapter 681 of
the laws of 1982, is amended to read as follows:
§ 16. Rate of interest on judgments and accrued claims against the
state. The rate of interest to be paid by the state upon any judgment
or accrued claim against the state shall [not exceed nine per centum per
annum] BE CALCULATED AT THE ONE-YEAR UNITED STATES TREASURY BILL RATE.
FOR THE PURPOSES OF THIS SECTION, THE "ONE-YEAR UNITED STATES TREASURY
BILL RATE" MEANS THE WEEKLY AVERAGE ONE-YEAR CONSTANT MATURITY TREASURY
YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE
SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE OF THE ENTRY OF THE
JUDGMENT AWARDING DAMAGES. PROVIDED HOWEVER, THAT THIS SECTION SHALL NOT
APPLY TO ANY PROVISION OF THE TAX LAW WHICH PROVIDES FOR THE ANNUAL RATE
OF INTEREST TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM.
§ 3. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2019.
PART E
Section 1. Paragraphs (f) and (g) of subdivision 1 of section 209-a of
the civil service law, as amended by chapter 244 of the laws of 2007,
are amended to read as follows:
(f) to utilize any state funds appropriated for any purpose to train
managers, supervisors or other administrative personnel regarding meth-
ods to discourage union organization or to discourage an employee from
participating in a union organizing drive; [or] (g) to fail to permit or
refuse to afford a public employee the right, upon the employee's
demand, to representation by a representative of the employee organiza-
tion, or the designee of such organization, which has been certified or
recognized under this article when at the time of questioning by the
employer of such employee it reasonably appears that he or she may be
the subject of a potential disciplinary action. If representation is
requested, and the employee is a potential target of disciplinary action
at the time of questioning, a reasonable period of time shall be
afforded to the employee to obtain such representation. It shall be an
affirmative defense to any improper practice charge under paragraph (g)
of this subdivision that the employee has the right, pursuant to stat-
ute, interest arbitration award, collectively negotiated agreement,
policy or practice, to present to a hearing officer or arbitrator
evidence of the employer's failure to provide representation and to
S. 1505--A 12 A. 2005--A
obtain exclusion of the resulting evidence upon demonstration of such
failure. Nothing in this section shall grant an employee any right to
representation by the representative of an employee organization in any
criminal investigation; OR (H) TO DISCLOSE HOME ADDRESSES, PERSONAL
TELEPHONE NUMBERS, PERSONAL CELL PHONE NUMBERS, PERSONAL E-MAIL
ADDRESSES OF A PUBLIC EMPLOYEE, AS THE TERM "PUBLIC EMPLOYEE" IS DEFINED
IN SUBDIVISION SEVEN OF SECTION TWO HUNDRED ONE OF THIS ARTICLE, EXCEPT
(I) WHERE REQUIRED PURSUANT TO THE PROVISIONS OF THIS ARTICLE, AND (II)
TO THE EXTENT COMPELLED TO DO SO BY LAWFUL SERVICE OF PROCESS, SUBPOENA,
COURT ORDER, OR AS OTHERWISE REQUIRED BY LAW. THIS PARAGRAPH SHALL NOT
PROHIBIT OTHER PROVISIONS OF LAW REGARDING WORK-RELATED, PUBLICLY AVAIL-
ABLE INFORMATION SUCH AS TITLE, SALARY, AND DATES OF EMPLOYMENT.
§ 2. Subdivision 1 of section 208 of the civil service law is amended
by adding a new paragraph (d) to read as follows:
(D) UNLESS OTHERWISE SPECIFIED BY A COLLECTIVE BARGAINING AGREEMENT,
UPON THE REQUEST OF THE EMPLOYEE ORGANIZATION, NOT MORE THAN QUARTERLY,
THE EMPLOYER SHALL PROVIDE THE EMPLOYEE ORGANIZATION THE NAME, ADDRESS,
JOB TITLE, EMPLOYING AGENCY OR DEPARTMENT OR OTHER OPERATING UNIT AND
WORK LOCATION OF ALL EMPLOYEES OF A BARGAINING UNIT.
§ 3. This act shall take effect immediately.
PART F
Section 1. Paragraph (d) of subdivision 4 of section 209 of the civil
service law, as amended by section 1 of part L of chapter 57 of the laws
of 2016, is amended to read as follows:
(d) The provisions of this subdivision shall expire July first, two
thousand [nineteen] TWENTY-FOUR.
§ 2. Paragraph (f) of subdivision 6 of section 209 of the civil
service law, as amended by section 2 of part L of chapter 57 of the laws
of 2016, is amended to read as follows:
(f) The provisions of this subdivision shall expire July first, two
thousand [nineteen] TWENTY-FOUR.
§ 3. This act shall take effect immediately.
PART G
Section 1. Section 13 of part A of chapter 97 of the laws of 2011,
amending the general municipal law and the education law relating to
establishing limits upon school district and local government tax
levies, as amended by section 18 of part A of chapter 20 of the laws of
2015, is amended to read as follows:
§ 13. This act shall take effect immediately[; provided, however, that
sections two through eleven of this act shall take effect July 1, 2011
and shall first apply to school district budgets and the budget adoption
process for the 2012-13 school year; and shall continue to apply to
school district budgets and the budget adoption process for any school
year beginning in any calendar year during which this act is in effect;
provided further, that if section 26 of part A of chapter 58 of the laws
of 2011 shall not have taken effect on or before such date then section
ten of this act shall take effect on the same date and in the same
manner as such chapter of the laws of 2011, takes effect; provided
further, that section one of this act shall first apply to the levy of
taxes by local governments for the fiscal year that begins in 2012 and
shall continue to apply to the levy of taxes by local governments for
any fiscal year beginning in any calendar year during which this act is
S. 1505--A 13 A. 2005--A
in effect; provided, further, that this act shall remain in full force
and effect at a minimum until and including June 15, 2020 and shall
remain in effect thereafter only so long as the public emergency requir-
ing the regulation and control of residential rents and evictions and
all such laws providing for such regulation and control continue as
provided in subdivision 3 of section 1 of the local emergency rent
control act, sections 26-501, 26-502 and 26-520 of the administrative
code of the city of New York, section 17 of chapter 576 of the laws of
1974 and subdivision 2 of section 1 of chapter 274 of the laws of 1946
constituting the emergency housing rent control law, and section 10 of
chapter 555 of the laws of 1982, amending the general business law and
the administrative code of the city of New York relating to conversions
of residential property to cooperative or condominium ownership in the
city of New York as such laws are continued by chapter 93 of the laws of
2011 and as such sections are amended from time to time].
§ 2. This act shall take effect immediately.
PART H
Section 1. The opening paragraph of section 15 of chapter 123 of the
laws of 2014, amending the vehicle and traffic law, the general munici-
pal law, and the public officers law relating to owner liability for
failure of an operator to comply with traffic-control indications, is
amended to read as follows:
This act shall take effect on the thirtieth day after it shall have
become a law and shall expire [5 years after such effective date when
upon such date the provisions of this act shall] AND be deemed repealed
DECEMBER 1, 2024; and provided further that any rules necessary for the
implementation of this act on its effective date shall be promulgated on
or before such effective date, provided that:
§ 2. The opening paragraph of section 15 of chapter 101 of the laws of
2014, amending the vehicle and traffic law, the general municipal law,
and the public officers law relating to owner liability for failure of
an operator to comply with traffic-control indications in the city of
Mt. Vernon, is amended to read as follows:
This act shall take effect on the thirtieth day after it shall have
become a law and shall expire [5 years after such effective date when
upon such date the provisions of this act shall] AND be deemed repealed
DECEMBER 1, 2024; and provided further that any rules necessary for the
implementation of this act on its effective date shall be promulgated on
or before such effective date, provided that:
§ 3. Section 10 of chapter 19 of the laws of 2009, amending the vehi-
cle and traffic law and other laws relating to adjudications and owner
liability for a violation of traffic-control signal indications, as
amended by chapter 133 of the laws of 2014, is amended to read as
follows:
§ 10. This act shall take effect on the thirtieth day after it shall
have become a law and shall expire December 1, [2019] 2024 when upon
such date the provisions of this act shall be deemed repealed; provided
that the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section one of this act shall be
subject to the expiration and reversion of such paragraph pursuant to
section 17 of chapter 746 of the laws of 1988, as amended, when upon
such date the provisions of section two of this act shall take effect;
provided that the amendments to the opening paragraph and paragraph (c)
of subdivision 1 of section 1809 of the vehicle and traffic law made by
S. 1505--A 14 A. 2005--A
section four of this act shall be subject to the expiration and rever-
sion of such subdivision pursuant to chapter 166 of the laws of 1991, as
amended, when upon such date the provisions of section five of this act
shall take effect; provided, however, that the amendments to the opening
paragraph of subdivision 1 of section 1809 of the vehicle and traffic
law made by section five of this act shall not affect the expiration of
such subdivision and shall expire therewith; provided, however, that the
amendments to subdivision 2 of section 371 of the general municipal law
made by section seven of this act shall not affect the expiration of
such section and shall be deemed to expire therewith; and provided,
further, that any such local laws as may be enacted pursuant to this act
shall remain in full force and effect only until December 1, [2019]
2024.
§ 4. The opening paragraph of section 15 of chapter 99 of the laws of
2014, amending the vehicle and traffic law, the general municipal law,
and the public officers law relating to owner liability for failure of
an operator to comply with traffic-control indications in the city of
New Rochelle, is amended to read as follows:
This act shall take effect on the thirtieth day after it shall have
become a law and shall expire [5 years after such effective date when
upon such date the provisions of this act shall] AND be deemed repealed
DECEMBER 1, 2024; and provided further that any rules necessary for the
implementation of this act on its effective date shall be promulgated on
or before such effective date, provided that:
§ 5. Section 17 of chapter 746 of the laws of 1988, amending the vehi-
cle and traffic law, the general municipal law, and the public officers
law relating to the civil liability of vehicle owners for traffic
control signal violations, as amended by chapter 134 of the laws of
2014, is amended to read as follows:
§ 17. This act shall take effect on the thirtieth day after it shall
have become a law and shall remain in full force and effect until Decem-
ber 1, [2019] 2024 when upon such date the amendments and provisions
made by this act shall be deemed repealed; provided, however, any such
local laws as may be enacted pursuant to this act shall remain in full
force and effect only until the expiration on December 1, [2019] 2024.
§ 6. Section 2 of local law number 46 of the city of New York for the
year 1989 amending the administrative code of the city of New York
relating to civil liability of vehicle owners for traffic control signal
violations, as amended by chapter 134 of the laws of 2014, is amended to
read as follows:
§ 2. This local law shall take effect immediately and shall expire on
December 1, [2019] 2024.
§ 7. Section 9 of chapter 23 of the laws of 2009, amending the vehicle
and traffic law and other laws relating to adjudications and owner
liability for a violation of traffic-control signal indications, as
amended by chapter 127 of the laws of 2014, is amended to read as
follows:
§ 9. This act shall take effect on the thirtieth day after it shall
have become a law and shall expire December 1, [2019] 2024 when upon
such date the provisions of this act shall be deemed repealed; provided
that the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section one of this act shall be
subject to the expiration and reversion of such paragraph pursuant to
section 17 of chapter 746 of the laws of 1988, as amended, when upon
such date the provisions of section two of this act shall take effect;
provided that the amendments to the opening paragraph and paragraph (c)
S. 1505--A 15 A. 2005--A
of subdivision 1 of section 1809 of the vehicle and traffic law made by
section four of this act shall be subject to the expiration and rever-
sion of such subdivision pursuant to chapter 166 of the laws of 1991, as
amended, when upon such date the provisions of section five of this act
shall take effect; provided, however, that the amendments to the opening
paragraph of subdivision 1 of section 1809 of the vehicle and traffic
law made by section five of this act shall not affect the expiration of
such subdivision and shall expire therewith; and provided, further, that
any such local laws as may be enacted pursuant to this act shall remain
in full force and effect only until December 1, [2019] 2024.
§ 8. The opening paragraph of section 15 of chapter 222 of the laws of
2015, amending the vehicle and traffic law, the general municipal law,
and the public officers law relating to owner liability for failure of
an operator to comply with traffic-control indications in the city of
White Plains, is amended to read as follows:
This act shall take effect on the thirtieth day after it shall have
become a law and shall expire [5 years after such effective date when
upon such date the provisions of this act shall] AND be deemed repealed
DECEMBER 1, 2024; and provided further that any rules necessary for the
implementation of this act on its effective date shall be promulgated on
or before such effective date, provided that:
§ 9. The opening paragraph and paragraph (k) of section 24 of chapter
20 of the laws of 2009, amending the vehicle and traffic law, the gener-
al municipal law, and the public officers law relating to owner liabil-
ity for failure of operator to comply with traffic control indications,
as amended by chapter 128 of the laws of 2014, are amended to read as
follows:
This act shall take effect on the thirtieth day after it shall have
become a law and shall expire December 1, [2019] 2024 when upon such
date the provisions of this act shall be deemed repealed; provided that:
(k) any such local laws as may be enacted pursuant to this act shall
remain in full force and effect only until December 1, [2019] 2024.
§ 10. This act shall take effect immediately.
PART I
Section 1. Subparagraph (viii) of paragraph a of subdivision 10 of
section 54 of the state finance law, as amended by section 1 of part O
of chapter 56 of the laws of 2008, clause 2 as amended by section 1 of
part I of chapter 57 of the laws of 2011, is amended and a new subpara-
graph (v) is added to paragraph b to read as follows:
(viii) "Prior year aid" means[:
(1) for the state fiscal year commencing April first, two thousand
seven, the total amount of state aid a municipality or county having a
population of less than one million but more than nine hundred twenty-
five thousand according to the federal decennial census of two thousand
received in the state fiscal year commencing April first, two thousand
six.
(2) for the state fiscal year commencing April first, two thousand
eight and in each state fiscal year thereafter, the base level grant
received in the immediately preceding state fiscal year pursuant to
paragraph b of this subdivision and chapter three hundred thirteen of
the laws of two thousand ten, excluding any deficit reduction adjustment
pursuant to paragraph e-1 of this subdivision, plus any additional
apportionments received in such year pursuant to paragraph d of this
subdivision and any per capita adjustments received in such year pursu-
S. 1505--A 16 A. 2005--A
ant to paragraph e of this subdivision] FOR THE STATE FISCAL YEAR
COMMENCING APRIL FIRST, TWO THOUSAND NINETEEN AND IN EACH STATE FISCAL
YEAR THEREAFTER, THE BASE LEVEL GRANT RECEIVED IN THE IMMEDIATELY
PRECEDING STATE FISCAL YEAR PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION.
(V) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, WITHIN AMOUNTS
APPROPRIATED IN THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOU-
SAND NINETEEN, AND ANNUALLY THEREAFTER, THERE SHALL BE APPORTIONED AND
PAID TO EACH MUNICIPALITY WHICH IS A CITY A BASE LEVEL GRANT IN AN
AMOUNT EQUAL TO THE PRIOR YEAR AID RECEIVED BY SUCH CITY, AND THERE
SHALL BE APPORTIONED AND PAID TO EACH MUNICIPALITY WHICH IS A TOWN OR
VILLAGE A BASE LEVEL GRANT IN ACCORDANCE WITH CLAUSE TWO OF THIS SUBPAR-
AGRAPH.
(1) WHEN USED IN THIS SUBPARAGRAPH, UNLESS OTHERWISE EXPRESSLY STATED:
(A) "TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN AIM FUNDING" SHALL
MEAN THE SUM OF THE BASE LEVEL GRANT PAID IN THE STATE FISCAL YEAR THAT
BEGAN APRIL FIRST, TWO THOUSAND EIGHTEEN PURSUANT TO THIS PARAGRAPH.
(B) "TWO THOUSAND SEVENTEEN TOTAL EXPENDITURES" SHALL MEAN ALL FUNDS
AND TOTAL EXPENDITURES FOR A TOWN OR A VILLAGE AS REPORTED TO THE STATE
COMPTROLLER FOR LOCAL FISCAL YEARS ENDED IN TWO THOUSAND SEVENTEEN.
(C) "AIM RELIANCE" SHALL MEAN TWO THOUSAND EIGHTEEN--TWO THOUSAND
NINETEEN AIM FUNDING CALCULATED AS A PERCENTAGE OF TWO THOUSAND SEVEN-
TEEN TOTAL EXPENDITURES, PROVIDED THAT, FOR A VILLAGE WHICH DISSOLVED
DURING THE STATE FISCAL YEAR THAT BEGAN APRIL FIRST, TWO THOUSAND EIGH-
TEEN, THE VILLAGE'S TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN AIM
FUNDING SHALL BE ADDED TO THE EXISTING TWO THOUSAND EIGHTEEN--TWO THOU-
SAND NINETEEN AIM FUNDING OF THE TOWN INTO WHICH THE VILLAGE DISSOLVED
FOR PURPOSES OF THIS CALCULATION.
(2) A BASE LEVEL GRANT EQUAL TO A TOWN OR VILLAGE'S PRIOR YEAR AID
ONLY IF SUCH TOWN OR VILLAGE'S AIM RELIANCE EQUALS TWO PERCENT OR GREAT-
ER AS REPORTED TO AND PUBLISHED BY THE STATE COMPTROLLER AS OF JANUARY
TENTH, TWO THOUSAND NINETEEN.
§ 2. Paragraph i of subdivision 10 of section 54 of the state finance
law is amended by adding a new subparagraph (ix) to read as follows:
(IX) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN THE STATE
FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND NINETEEN, THE BASE
LEVEL GRANT ADJUSTMENT PURSUANT TO SUBPARAGRAPH (V) OF PARAGRAPH B OF
THIS SUBDIVISION SHALL BE MADE ON OR BEFORE SEPTEMBER TWENTY-FIFTH FOR A
TOWN OR VILLAGE.
§ 3. Notwithstanding any law to the contrary, where a municipality
received a base level grant in state fiscal year 2018-19 but not in
state fiscal year 2019-20 under the aid and incentives for munici-
palities program pursuant to subdivision 10 of section 54 of the state
finance law, the county in which a majority of the population of such
municipality resides shall annually distribute, by December fifteenth of
each year, to such municipality a portion of the receipts from the sales
and use tax imposed by such county pursuant to article 29 of the tax law
in an amount equal to the base level grant received by such municipality
in state fiscal year 2018-19; provided, however, that such distribution
shall be in addition to any other revenue distribution to such munici-
pality required by law.
§ 4. This act shall take effect immediately.
PART J
Section 1. The real property tax law is amended by adding a new
section 485-u to read as follows:
S. 1505--A 17 A. 2005--A
§ 485-U. CLASS ONE REASSESSMENT EXEMPTION. 1. APPLICABILITY. A SPECIAL
ASSESSING UNIT THAT IS NOT A CITY MAY, BY LOCAL LAW, OPT TO PROVIDE A
CLASS ONE REASSESSMENT EXEMPTION AS PROVIDED IN THIS SECTION. SUCH
EXEMPTION SHALL APPLY IN THE SAME MANNER AND TO THE SAME EXTENT TO COUN-
TY, TOWN, SPECIAL DISTRICT AND SCHOOL DISTRICT TAXES LEVIED ON THE
ASSESSMENT ROLL PREPARED BY SUCH SPECIAL ASSESSING UNIT.
2. ELIGIBILITY. THE ASSESSOR SHALL, FOR THE TWO THOUSAND TWENTY--TWO
THOUSAND TWENTY-ONE ASSESSMENT ROLL AND FOR THE SUBSEQUENT FOUR YEARS,
APPLY AN EXEMPTION AS PROVIDED IN THIS SECTION TO EACH PROPERTY CLASSI-
FIED IN CLASS ONE PURSUANT TO ARTICLE EIGHTEEN OF THIS CHAPTER.
3. EXEMPTION CALCULATION. (A) (I) THE ASSESSOR SHALL CALCULATE THE
EXEMPTION AS A PERCENTAGE OF THE EXEMPTION BASE. THE EXEMPTION BASE
SHALL BE THE AMOUNT BY WHICH THE ASSESSMENT OF A PROPERTY ON THE TWO
THOUSAND TWENTY--TWO-THOUSAND TWENTY-ONE TENTATIVE ASSESSMENT ROLL
ISSUED ON OR ABOUT JANUARY 2, 2019 EXCEEDS THE EQUALIZED ASSESSMENT ON
THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY FINAL ASSESSMENT ROLL.
THE ASSESSOR SHALL DETERMINE THE EQUALIZED ASSESSMENT ON THE TWO THOU-
SAND NINETEEN--TWO THOUSAND TWENTY FINAL ASSESSMENT ROLL BY MULTIPLYING
A PROPERTY'S EFFECTIVE FULL VALUE ON THE TWO THOUSAND NINETEEN--TWO
THOUSAND TWENTY FINAL ASSESSMENT ROLL BY THE CLASS ONE LEVEL OF ASSESS-
MENT ON THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE FINAL ASSESS-
MENT ROLL. THE ASSESSOR SHALL DETERMINE A PROPERTY'S EFFECTIVE FULL
VALUE ON THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY FINAL ASSESSMENT
ROLL BY DIVIDING THE ASSESSMENT ON THE TWO THOUSAND NINETEEN--TWO THOU-
SAND TWENTY FINAL ASSESSMENT ROLL BY THE CLASS ONE LEVEL OF ASSESSMENT
ON THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY FINAL ASSESSMENT ROLL.
SUCH EXEMPTION BASE SHALL NOT INCLUDE ASSESSMENT INCREASES DUE TO A
PHYSICAL IMPROVEMENT OR A REMOVAL OR REDUCTION OF AN EXEMPTION ON PROP-
ERTY.
(II) ANY INCREASE IN THE ASSESSMENT OF A PROPERTY DUE TO AN INCREASE
IN A PROPERTY'S FULL VALUE OR PHYSICAL CHANGES SUBSEQUENT TO THE TWO
THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE FINAL ASSESSMENT ROLL SHALL NOT
BE ELIGIBLE FOR THE EXEMPTION. IF ANY PORTION OF A PROPERTY IS FULLY OR
PARTIALLY REMOVED FROM THE ASSESSMENT ROLL SUBSEQUENT TO THE TWO THOU-
SAND TWENTY--TWO THOUSAND TWENTY-ONE FINAL ASSESSMENT ROLL BY REASON OF
FIRE, DEMOLITION, DESTRUCTION OR NEW EXEMPTION, THE ASSESSOR SHALL
REDUCE THE EXEMPTION FOR ANY REMAINING PORTION IN THE SAME PROPORTION
THE ASSESSMENT IS REDUCED FOR SUCH FIRE, DEMOLITION, DESTRUCTION OR NEW
EXEMPTION.
(B) THE EXEMPTION SHALL BE EIGHTY PER CENTUM OF THE EXEMPTION BASE ON
THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE FINAL ASSESSMENT ROLL,
SIXTY PER CENTUM OF THE EXEMPTION BASE ON THE TWO THOUSAND TWENTY-ONE--
TWO THOUSAND TWENTY-TWO FINAL ASSESSMENT ROLL, FORTY PER CENTUM OF THE
EXEMPTION BASE ON THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE
FINAL ASSESSMENT ROLL, TWENTY PER CENTUM OF THE EXEMPTION BASE ON THE
TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR FINAL ASSESSMENT
ROLL AND ZERO PER CENTUM OF THE EXEMPTION BASE ON THE TWO THOUSAND TWEN-
TY-FOUR--TWO THOUSAND TWENTY-FIVE FINAL ASSESSMENT ROLL.
4. ENTERING OF EXEMPTION ON ASSESSMENT ROLL. THE ASSESSOR SHALL ENTER
IN A SEPARATE COLUMN ON THE ASSESSMENT ROLL THE VALUE OF ANY EXEMPTION
PROVIDED BY THIS SECTION.
§ 2. Severability. If any provision of this act or if any application
thereof to any person or circumstances is held invalid, the remainder of
this act and the application of the provision to other persons and
circumstances shall not be affected thereby.
§ 3. This act shall take effect immediately.
S. 1505--A 18 A. 2005--A
PART K
Section 1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law to the following funds and/or
accounts:
1. DOL-Child performer protection account (20401).
2. Proprietary vocational school supervision account (20452).
3. Local government records management account (20501).
4. Child health plus program account (20810).
5. EPIC premium account (20818).
6. Education - New (20901).
7. VLT - Sound basic education fund (20904).
8. Sewage treatment program management and administration fund
(21000).
9. Hazardous bulk storage account (21061).
10. Federal grants indirect cost recovery account (21065).
11. Low level radioactive waste account (21066).
12. Recreation account (21067).
13. Public safety recovery account (21077).
14. Environmental regulatory account (21081).
15. Natural resource account (21082).
16. Mined land reclamation program account (21084).
17. Great lakes restoration initiative account (21087).
18. Environmental protection and oil spill compensation fund (21200).
19. Public transportation systems account (21401).
20. Metropolitan mass transportation (21402).
21. Operating permit program account (21451).
22. Mobile source account (21452).
23. Statewide planning and research cooperative system account
(21902).
24. New York state thruway authority account (21905).
25. Mental hygiene program fund account (21907).
26. Mental hygiene patient income account (21909).
27. Financial control board account (21911).
28. Regulation of racing account (21912).
29. New York Metropolitan Transportation Council account (21913).
30. State university dormitory income reimbursable account (21937).
31. Criminal justice improvement account (21945).
32. Environmental laboratory reference fee account (21959).
33. Training, management and evaluation account (21961).
34. Clinical laboratory reference system assessment account (21962).
35. Indirect cost recovery account (21978).
36. High school equivalency program account (21979).
37. Multi-agency training account (21989).
38. Interstate reciprocity for post-secondary distance education
account (23800).
39. Bell jar collection account (22003).
40. Industry and utility service account (22004).
41. Real property disposition account (22006).
42. Parking account (22007).
43. Courts special grants (22008).
44. Asbestos safety training program account (22009).
45. Camp Smith billeting account (22017).
46. Batavia school for the blind account (22032).
47. Investment services account (22034).
S. 1505--A 19 A. 2005--A
48. Surplus property account (22036).
49. Financial oversight account (22039).
50. Regulation of Indian gaming account (22046).
51. Rome school for the deaf account (22053).
52. Seized assets account (22054).
53. Administrative adjudication account (22055).
54. Federal salary sharing account (22056).
55. New York City assessment account (22062).
56. Cultural education account (22063).
57. Local services account (22078).
58. DHCR mortgage servicing account (22085).
59. Housing indirect cost recovery account (22090).
60. DHCR-HCA application fee account (22100).
61. Low income housing monitoring account (22130).
62. Corporation administration account (22135).
63. Montrose veteran's home account (22144).
64. Deferred compensation administration account (22151).
65. Rent revenue other New York City account (22156).
66. Rent revenue account (22158).
67. Tax revenue arrearage account (22168).
68. State university general income offset account (22654).
69. Lake George park trust fund account (22751).
70. State police motor vehicle law enforcement account (22802).
71. Highway safety program account (23001).
72. DOH drinking water program account (23102).
73. NYCCC operating offset account (23151).
74. Commercial gaming revenue account (23701).
75. Commercial gaming regulation account (23702).
76. Highway use tax administration account (23801).
77. Fantasy sports administration account (24951).
78. Highway and bridge capital account (30051).
79. Aviation purpose account (30053).
80. State university residence hall rehabilitation fund (30100).
81. State parks infrastructure account (30351).
82. Clean water/clean air implementation fund (30500).
83. Hazardous waste remedial cleanup account (31506).
84. Youth facilities improvement account (31701).
85. Housing assistance fund (31800).
86. Housing program fund (31850).
87. Highway facility purpose account (31951).
88. Information technology capital financing account (32215).
89. New York racing account (32213).
90. Capital miscellaneous gifts account (32214).
91. New York environmental protection and spill remediation account
(32219).
92. Mental hygiene facilities capital improvement fund (32300).
93. Correctional facilities capital improvement fund (32350).
94. New York State Storm Recovery Capital Fund (33000).
95. OGS convention center account (50318).
96. Empire Plaza Gift Shop (50327).
97. Centralized services fund (55000).
98. Archives records management account (55052).
99. Federal single audit account (55053).
100. Civil service EHS occupational health program account (55056).
101. Banking services account (55057).
102. Cultural resources survey account (55058).
S. 1505--A 20 A. 2005--A
103. Neighborhood work project account (55059).
104. Automation & printing chargeback account (55060).
105. OFT NYT account (55061).
106. Data center account (55062).
107. Intrusion detection account (55066).
108. Domestic violence grant account (55067).
109. Centralized technology services account (55069).
110. Labor contact center account (55071).
111. Human services contact center account (55072).
112. Tax contact center account (55073).
113. Executive direction internal audit account (55251).
114. CIO Information technology centralized services account (55252).
115. Health insurance internal service account (55300).
116. Civil service employee benefits division administrative account
(55301).
117. Correctional industries revolving fund (55350).
118. Employees health insurance account (60201).
119. Medicaid management information system escrow fund (60900).
120. Department of law civil recoveries account (55074).
121. Utility environmental regulatory account (21064).
122. New York state secure choice administrative account (23806).
123. New York state medical indemnity fund account (_____).
124. New York state cannabis revenue fund (_____).
§ 1-a. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within the following
federal funds, provided the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse such
loans:
1. Federal USDA-food and nutrition services fund (25000).
2. Federal health and human services fund (25100).
3. Federal education fund (25200).
4. Federal block grant fund (25250).
5. Federal miscellaneous operating grants fund (25300).
6. Federal unemployment insurance administration fund (25900).
7. Federal unemployment insurance occupational training fund (25950).
8. Federal emergency employment act fund (26000).
9. Federal capital projects fund (31350).
§ 1-b. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any fund within the special reven-
ue, capital projects, proprietary or fiduciary funds for the purpose of
payment of any fringe benefit or indirect cost liabilities or obli-
gations incurred.
§ 2. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2020, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. $175,000 from the miscellaneous special revenue fund, underground
facilities safety training account (22172), to the general fund.
2. An amount up to the unencumbered balance from the miscellaneous
special revenue fund, business and licensing services account (21977),
to the general fund.
S. 1505--A 21 A. 2005--A
3. $14,810,000 from the miscellaneous special revenue fund, code
enforcement account (21904), to the general fund.
4. $3,000,000 from the general fund to the miscellaneous special
revenue fund, tax revenue arrearage account (22168).
Education:
1. $2,679,000,000 from the general fund to the state lottery fund,
education account (20901), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
2. $987,200,000 from the general fund to the state lottery fund, VLT
education account (20904), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
3. $154,400,000 from the general fund to the New York state commercial
gaming fund, commercial gaming revenue account (23701), as reimbursement
for disbursements made from such fund for supplemental aid to education
pursuant to section 97-nnnn of the state finance law that are in excess
of the amounts deposited in such fund for purposes pursuant to section
1352 of the racing, pari-mutuel wagering and breeding law.
4. $18,000,000 from the interactive fantasy sports fund, fantasy
sports education account (24950), to the state lottery fund, education
account (20901), as reimbursement for disbursements made from such fund
for supplemental aid to education pursuant to section 92-c of the state
finance law.
5. $36,211,000 from the charitable gifts trust fund, elementary and
secondary education account (24901), to the general fund, for payment of
general support for public schools pursuant to section 3609-a of the
education law.
6. Moneys from the state lottery fund (20900) up to an amount deposit-
ed in such fund pursuant to section 1612 of the tax law in excess of the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
7. $300,000 from the New York state local government records manage-
ment improvement fund, local government records management account
(20501), to the New York state archives partnership trust fund, archives
partnership trust maintenance account (20351).
8. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
9. $900,000 from the general fund to the miscellaneous special revenue
fund, Rome school for the deaf account (22053).
10. $343,400,000 from the state university dormitory income fund
(40350) to the miscellaneous special revenue fund, state university
dormitory income reimbursable account (21937).
11. $8,318,000 from the general fund to the state university income
fund, state university income offset account (22654), for the state's
share of repayment of the STIP loan.
12. $44,000,000 from the state university income fund, state universi-
ty hospitals income reimbursable account (22656) to the general fund for
hospital debt service for the period April 1, 2019 through March 31,
2020.
13. $7,200,000 from the miscellaneous special revenue fund, office of
the professions account (22051), to the miscellaneous capital projects
fund, office of the professions electronic licensing account (32200).
S. 1505--A 22 A. 2005--A
14. $24,000,000 from any of the state education department's special
revenue and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978) or to the federal miscella-
neous operating grants fund, federal indirect cost recovery account.
15. $6,600,000 from any of the state education department's special
revenue or internal service funds to the capital projects fund (30000).
Environmental Affairs:
1. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds to the environmental conservation
special revenue fund, federal indirect recovery account (21065).
2. $5,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds to the conservation fund (21150) OR
Marine Resources Account (21151) as necessary to avoid diversion of
conservation funds.
3. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue federal
funds to the miscellaneous special revenue fund, federal grant indirect
cost recovery account (22188).
4. $1,000,000 from any of the office of parks, recreation and historic
preservation special revenue federal funds to the miscellaneous capital
projects fund, I love NY water account (32212).
5. $28,000,000 from the general fund to the environmental protection
fund, environmental protection fund transfer account (30451).
6. $1,800,000 from the general fund to the hazardous waste remedial
fund, hazardous waste oversight and assistance account (31505).
7. An amount up to or equal to the cash balance within the special
revenue-other waste management & cleanup account (21053) to the capital
projects fund (30000) for services and capital expenses related to the
management and cleanup program as put forth in section 27-1915 of the
environmental conservation law.
8. $1,800,000 from the miscellaneous special revenue fund, public
service account (22011) to the miscellaneous special revenue fund, util-
ity environmental regulatory account (21064).
9. $500,000 from the general fund to the enterprise fund, state fair
account (50051).
10. $2,200,000 from the miscellaneous special revenue fund, public
service account (22011) to the general fund.
Family Assistance:
1. $7,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous special
revenue fund, office of human resources development state match account
(21967).
2. $4,000,000 from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).
3. $18,670,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and any other miscellaneous revenues
generated from the operation of office of children and family services
programs to the general fund.
4. $125,000,000 from any of the office of temporary and disability
assistance or department of health special revenue funds to the general
fund.
S. 1505--A 23 A. 2005--A
5. $2,500,000 from any of the office of temporary and disability
assistance special revenue funds to the miscellaneous special revenue
fund, office of temporary and disability assistance program account
(21980).
6. $24,000,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor, and
department of health special revenue federal funds to the office of
children and family services miscellaneous special revenue fund, multi-
agency training contract account (21989).
7. $205,000,000 from the miscellaneous special revenue fund, youth
facility per diem account (22186), to the general fund.
8. $621,850 from the general fund to the combined gifts, grants, and
bequests fund, WB Hoyt Memorial account (20128).
9. $5,000,000 from the miscellaneous special revenue fund, state
central registry (22028), to the general fund.
General Government:
1. $1,566,000 from the miscellaneous special revenue fund, examination
and miscellaneous revenue account (22065) to the general fund.
2. $8,083,000 from the general fund to the health insurance revolving
fund (55300).
3. $292,400,000 from the health insurance reserve receipts fund
(60550) to the general fund.
4. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
5. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
6. $3,000,000 from the miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
7. $19,000,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the general fund.
8. $1,826,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the miscellaneous special revenue fund,
authority budget office account (22138).
9. $1,000,000 from the miscellaneous special revenue fund, parking
services account (22007), to the general fund, for the purpose of reim-
bursing the costs of debt service related to state parking facilities.
10. $9,632,000 from the general fund to the centralized services fund,
COPS account (55013).
11. $13,854,000 from the general fund to the agencies internal service
fund, central technology services account (55069), for the purpose of
enterprise technology projects.
12. $10,000,000 from the general fund to the agencies internal service
fund, state data center account (55062).
13. $20,000,000 from the miscellaneous special revenue fund, workers'
compensation account (21995), to the miscellaneous capital projects
fund, workers' compensation board IT business process design fund,
(32218).
14. $12,000,000 from the miscellaneous special revenue fund, parking
services account (22007), to the centralized services, building support
services account (55018).
15. $30,000,000 from the general fund to the internal service fund,
business services center account (55022).
16. $8,000,000 from the general fund to the internal service fund,
building support services account (55018).
17. $1,500,000 from the combined expendable trust, special events
account (20120), to the general fund.
S. 1505--A 24 A. 2005--A
Health:
1. A transfer from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155), up
to an amount equal to the monies collected and deposited into that
account in the previous fiscal year.
2. A transfer from the general fund to the combined gifts, grants and
bequests fund, prostate cancer research, detection, and education
account (20183), up to an amount equal to the moneys collected and
deposited into that account in the previous fiscal year.
3. A transfer from the general fund to the combined gifts, grants and
bequests fund, Alzheimer's disease research and assistance account
(20143), up to an amount equal to the moneys collected and deposited
into that account in the previous fiscal year.
4. $33,134,000 from the HCRA resources fund (20800) to the miscella-
neous special revenue fund, empire state stem cell trust fund account
(22161).
5. $6,000,000 from the miscellaneous special revenue fund, certificate
of need account (21920), to the miscellaneous capital projects fund,
healthcare IT capital subfund (32216).
6. $2,000,000 from the miscellaneous special revenue fund, vital
health records account (22103), to the miscellaneous capital projects
fund, healthcare IT capital subfund (32216).
7. $2,000,000 from the miscellaneous special revenue fund, profes-
sional medical conduct account (22088), to the miscellaneous capital
projects fund, healthcare IT capital subfund (32216).
8. $91,304,000 from the HCRA resources fund (20800) to the capital
projects fund (30000).
9. $6,550,000 from the general fund to the medical marihuana trust
fund, health operation and oversight account (23755).
10. $1,086,000 from the miscellaneous special revenue fund, certif-
icate of need account (21920), to the general fund.
11. $59,000,000 from the charitable gifts trust fund, health charita-
ble account (24900), to the general fund, for payment of general support
for primary, preventive, and inpatient health care, dental and vision
care, hunger prevention and nutritional assistance, and other services
for New York state residents with the overall goal of ensuring that New
York state residents have access to quality health care and other
related services.
Labor:
1. $500,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the child performer's protection fund, child
performer protection account (20401).
2. $11,700,000 from the unemployment insurance interest and penalty
fund, unemployment insurance special interest and penalty account
(23601), to the general fund.
3. $5,000,000 from the miscellaneous special revenue fund, workers'
compensation account (21995), to the training and education program
occupation safety and health fund, OSHA-training and education account
(21251) and occupational health inspection account (21252).
Mental Hygiene:
1. $10,000,000 from the general fund, to the miscellaneous special
revenue fund, federal salary sharing account (22056).
2. $3,800,000 from the general fund, to the agencies internal service
fund, civil service EHS occupational health program account (55056).
Public Protection:
S. 1505--A 25 A. 2005--A
1. $1,350,000 from the miscellaneous special revenue fund, emergency
management account (21944), to the general fund.
2. $2,087,000 from the general fund to the miscellaneous special
revenue fund, recruitment incentive account (22171).
3. $20,773,000 from the general fund to the correctional industries
revolving fund, correctional industries internal service account
(55350).
4. $60,000,000 from any of the division of homeland security and emer-
gency services special revenue federal funds to the general fund.
5. $9,500,000 from the miscellaneous special revenue fund, criminal
justice improvement account (21945), to the general fund.
6. $115,420,000 from the state police motor vehicle law enforcement
and motor vehicle theft and insurance fraud prevention fund, state
police motor vehicle enforcement account (22802), to the general fund
for state operation expenses of the division of state police.
7. $119,500,000 from the general fund to the correctional facilities
capital improvement fund (32350).
8. $5,000,000 from the general fund to the dedicated highway and
bridge trust fund (30050) for the purpose of work zone safety activities
provided by the division of state police for the department of transpor-
tation.
9. $10,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the capital projects
fund (30000).
10. $29,080,000 from the miscellaneous special revenue fund, legal
services assistance account (22096), to the general fund.
11. $1,000,000 from the general fund to the agencies internal service
fund, neighborhood work project account (55059).
12. $7,980,000 from the miscellaneous special revenue fund, finger-
print identification & technology account (21950), to the general fund.
13. $1,400,000 from the state police motor vehicle law enforcement and
motor vehicle theft and insurance fraud prevention fund, motor vehicle
theft and insurance fraud account (22801), to the general fund.
14. $150,000 from the medical marihuana trust fund, law enforcement
account (23753), to the general fund.
15. $25,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the general fund.
16. A transfer of the unencumbered balance from the miscellaneous
special revenue fund, airport security account (22199), to the miscella-
neous special revenue fund, securing the cities account.
Transportation:
1. $17,672,000 from the federal miscellaneous operating grants fund to
the miscellaneous special revenue fund, New York Metropolitan Transpor-
tation Council account (21913).
2. $20,147,000 from the federal capital projects fund to the miscella-
neous special revenue fund, New York Metropolitan Transportation Council
account (21913).
3. $15,181,992 from the general fund to the mass transportation oper-
ating assistance fund, public transportation systems operating assist-
ance account (21401), of which $12,000,000 constitutes the base need for
operations.
4. $727,500,000 from the general fund to the dedicated highway and
bridge trust fund (30050).
5. $244,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
S. 1505--A 26 A. 2005--A
6. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion regulation account (22067) to the dedicated highway and bridge
trust fund (30050), for disbursements made from such fund for motor
carrier safety that are in excess of the amounts deposited in the dedi-
cated highway and bridge trust fund (30050) for such purpose pursuant to
section 94 of the transportation law.
7. $3,000,000 from the miscellaneous special revenue fund, traffic
adjudication account (22055), to the general fund.
8. $17,421,000 from the mass transportation operating assistance fund,
metropolitan mass transportation operating assistance account (21402),
to the capital projects fund (30000).
9. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion regulation account (22067) to the general fund, for disbursements
made from such fund for motor carrier safety that are in excess of the
amounts deposited in the general fund for such purpose pursuant to
section 94 of the transportation law.
Miscellaneous:
1. $250,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
2. $500,000,000 from the general fund to the debt reduction reserve
fund (40000).
3. $450,000,000 from the New York state storm recovery capital fund
(33000) to the revenue bond tax fund (40152).
4. $18,550,000 from the general fund, community projects account GG
(10256), to the general fund, state purposes account (10050).
5. $100,000,000 from any special revenue federal fund to the general
fund, state purposes account (10050).
§ 3. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2020:
1. Upon request of the commissioner of environmental conservation, up
to $12,659,400 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $4,000,000 from
the environmental protection and oil spill compensation fund (21200),
and $1,831,600 from the conservation fund (21150), to the environmental
conservation special revenue fund, indirect charges account (21060).
2. Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund within the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
3. Upon request of the commissioner of agriculture and markets, up to
$2,000,000 from the state exposition special fund, state fair receipts
account (50051) to the miscellaneous capital projects fund, state fair
capital improvement account (32208).
4. Upon request of the commissioner of the division of housing and
community renewal, up to $6,221,000 from revenues credited to any divi-
sion of housing and community renewal federal or miscellaneous special
revenue fund to the miscellaneous special revenue fund, housing indirect
cost recovery account (22090).
5. Upon request of the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any miscel-
laneous special revenue fund account, to any miscellaneous special
revenue fund.
6. Upon request of the commissioner of health up to $8,500,000 from
revenues credited to any of the department of health's special revenue
S. 1505--A 27 A. 2005--A
funds, to the miscellaneous special revenue fund, administration account
(21982).
§ 4. On or before March 31, 2020, the comptroller is hereby authorized
and directed to deposit earnings that would otherwise accrue to the
general fund that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal service fund, banking
services account (55057), for the purpose of meeting direct payments
from such account.
§ 5. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and upon requisition by the state university
of New York, the dormitory authority of the state of New York is
directed to transfer, up to $22,000,000 in revenues generated from the
sale of notes or bonds, the state university income fund general revenue
account (22653) for reimbursement of bondable equipment for further
transfer to the state's general fund.
§ 6. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2020, up to $16,000,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Buffalo.
§ 7. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2020, up to $6,500,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Albany.
§ 8. Notwithstanding any law to the contrary, the state university
chancellor or his or her designee is authorized and directed to transfer
estimated tuition revenue balances from the state university collection
fund (61000) to the state university income fund, state university
general revenue offset account (22655) on or before March 31, 2020.
§ 9. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $1,001,800,300 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2019 through June 30, 2020 to support operations at
the state university.
§ 10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $109,500,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of April 1, 2019 through June 30, 2019 to support operations at
the state university.
§ 11. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $20,000,000 from the general fund to the state university income
S. 1505--A 28 A. 2005--A
fund, state university general revenue offset account (22655) during the
period of July 1, 2019 to June 30, 2020 to support operations at the
state university in accordance with the maintenance of effort pursuant
to clause (v) of subparagraph (4) of paragraph h of subdivision 2 of
section 355 of the education law.
§ 12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university chancel-
lor or his or her designee, up to $55,000,000 from the state university
income fund, state university hospitals income reimbursable account
(22656), for services and expenses of hospital operations and capital
expenditures at the state university hospitals; and the state university
income fund, Long Island veterans' home account (22652) to the state
university capital projects fund (32400) on or before June 30, 2020.
§ 13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after consultation
with the state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance, from
the state university collection fund, Stony Brook hospital collection
account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse hospital collection account (61008) to the state university income
fund, state university hospitals income reimbursable account (22656) in
the event insufficient funds are available in the state university
income fund, state university hospitals income reimbursable account
(22656) to permit the full transfer of moneys authorized for transfer,
to the general fund for payment of debt service related to the SUNY
hospitals. Notwithstanding any law to the contrary, the comptroller is
also hereby authorized and directed, after consultation with the state
university chancellor or his or her designee, to transfer moneys from
the state university income fund to the state university income fund,
state university hospitals income reimbursable account (22656) in the
event insufficient funds are available in the state university income
fund, state university hospitals income reimbursable account (22656) to
pay hospital operating costs or to permit the full transfer of moneys
authorized for transfer, to the general fund for payment of debt service
related to the SUNY hospitals on or before March 31, 2020.
§ 14. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and the chancellor of the state university of
New York or his or her designee, and in accordance with section 4 of the
state finance law, the comptroller is hereby authorized and directed to
transfer monies from the state university dormitory income fund (40350)
to the state university residence hall rehabilitation fund (30100), and
from the state university residence hall rehabilitation fund (30100) to
the state university dormitory income fund (40350), in an amount not to
exceed $80 million from each fund.
§ 15. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer monies, upon request of the director of the
budget, on or before March 31, 2020, from and to any of the following
accounts: the miscellaneous special revenue fund, patient income account
(21909), the miscellaneous special revenue fund, mental hygiene program
fund account (21907), the miscellaneous special revenue fund, federal
salary sharing account (22056), or the general fund in any combination,
the aggregate of which shall not exceed $350 million.
§ 16. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
S. 1505--A 29 A. 2005--A
and directed to transfer, at the request of the director of the budget,
up to $650 million from the unencumbered balance of any special revenue
fund or account, agency fund or account, internal service fund or
account, enterprise fund or account, or any combination of such funds
and accounts, to the general fund. The amounts transferred pursuant to
this authorization shall be in addition to any other transfers expressly
authorized in the 2019-20 budget. Transfers from federal funds, debt
service funds, capital projects funds, the community projects fund, or
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization.
§ 17. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $100 million from any non-general fund or account, or combination
of funds and accounts, to the miscellaneous special revenue fund, tech-
nology financing account (22207), the miscellaneous capital projects
fund, information technology capital financing account (32215), or the
centralized technology services account (55069), for the purpose of
consolidating technology procurement and services. The amounts trans-
ferred to the miscellaneous special revenue fund, technology financing
account (22207) pursuant to this authorization shall be equal to or less
than the amount of such monies intended to support information technolo-
gy costs which are attributable, according to a plan, to such account
made in pursuance to an appropriation by law. Transfers to the technolo-
gy financing account shall be completed from amounts collected by non-
general funds or accounts pursuant to a fund deposit schedule or perma-
nent statute, and shall be transferred to the technology financing
account pursuant to a schedule agreed upon by the affected agency
commissioner. Transfers from funds that would result in the loss of
eligibility for federal benefits or federal funds pursuant to federal
law, rule, or regulation as assented to in chapter 683 of the laws of
1938 and chapter 700 of the laws of 1951 are not permitted pursuant to
this authorization.
§ 18. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $400 million from any non-general fund or account, or combination
of funds and accounts, to the general fund for the purpose of consol-
idating technology procurement and services. The amounts transferred
pursuant to this authorization shall be equal to or less than the amount
of such monies intended to support information technology costs which
are attributable, according to a plan, to such account made in pursuance
to an appropriation by law. Transfers to the general fund shall be
completed from amounts collected by non-general funds or accounts pursu-
ant to a fund deposit schedule. Transfers from funds that would result
in the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the laws of 1938 and chapter 700 of the laws of 1951 are not permitted
pursuant to this authorization.
§ 19. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to transfer to the state treasury
to the credit of the general fund $20,000,000 for the state fiscal year
S. 1505--A 30 A. 2005--A
commencing April 1, 2019, the proceeds of which will be utilized to
support energy-related state activities.
§ 20. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to make the following contributions to the
state treasury to the credit of the general fund on or before March 31,
2020: (a) $913,000; and (b) $23,000,000 from proceeds collected by the
authority from the auction or sale of carbon dioxide emission allowances
allocated by the department of environmental conservation.
§ 21. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 22 of part BBB of chapter 59 of the laws of 2018, is
amended to read as follows:
5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, and notwithstanding the provisions of chapter ninety-four of the
laws of two thousand eleven, or any other provisions of law to the
contrary, during the fiscal year beginning April first, two thousand
[eighteen] NINETEEN, the state comptroller is hereby authorized and
directed to deposit to the fund created pursuant to this section from
amounts collected pursuant to article twenty-two of the tax law and
pursuant to a schedule submitted by the director of the budget, up to
[$2,458,909,000] $2,185,995,000, as may be certified in such schedule as
necessary to meet the purposes of such fund for the fiscal year begin-
ning April first, two thousand [eighteen] NINETEEN.
§ 22. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to transfer, upon request of the director
of the budget, on or before March 31, 2020, the following amounts from
the following special revenue accounts to the capital projects fund
(30000), for the purposes of reimbursement to such fund for expenses
related to the maintenance and preservation of state assets:
1. $43,000 from the miscellaneous special revenue fund, administrative
program account (21982).
2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
hospital account (22140).
3. $366,000 from the miscellaneous special revenue fund, New York city
veterans' home account (22141).
4. $513,000 from the miscellaneous special revenue fund, New York
state home for veterans' and their dependents at oxford account (22142).
5. $159,000 from the miscellaneous special revenue fund, western New
York veterans' home account (22143).
6. $323,000 from the miscellaneous special revenue fund, New York
state for veterans in the lower-hudson valley account (22144).
7. $2,550,000 from the miscellaneous special revenue fund, patron
services account (22163).
8. $830,000 from the miscellaneous special revenue fund, long island
veterans' home account (22652).
9. $5,379,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
10. $112,556,000 from the miscellaneous special revenue fund, state
university revenue offset account (22655).
11. $557,000 from the miscellaneous special revenue fund, state
university of New York tuition reimbursement account (22659).
12. $41,930,000 from the state university dormitory income fund, state
university dormitory income fund (40350).
S. 1505--A 31 A. 2005--A
13. $1,000,000 from the miscellaneous special revenue fund, litigation
settlement and civil recovery account (22117).
§ 22-a. Subdivision 4 of section 97-rrr of the state finance law, as
added by section 22-b of part XXX of chapter 59 of the laws of 2017, is
amended to read as follows:
4. Any amounts disbursed from such fund shall be excluded from the
calculation of annual spending growth in state operating funds [until
June 30, 2019].
§ 23. Notwithstanding any provision of law to the contrary, in the
event that federal legislation, federal regulatory actions, federal
executive actions or federal judicial actions in federal fiscal year
2020 reduce federal financial participation in Medicaid funding to New
York state or its subdivisions by $850 million or more in state fiscal
years 2019-20 or 2020-21, the director of the division of the budget
shall notify the temporary president of the senate and the speaker of
the assembly in writing that the federal actions will reduce expected
funding to New York state. The director of the division of the budget
shall prepare a plan that shall be submitted to the legislature, which
shall (a) specify the total amount of the reduction in federal financial
participation in Medicaid, (b) itemize the specific programs and activ-
ities that will be affected by the reduction in federal financial
participation in Medicaid, and (c) identify the general fund and state
special revenue fund appropriations and related disbursements that shall
be reduced, and in what program areas, provided, however, that such
reductions to appropriations and disbursements shall be applied equally
and proportionally to the programs affected by the reduction in federal
financial participation in Medicaid. Upon such submission, the legisla-
ture shall have 90 days after such submission to either prepare its own
plan, which may be adopted by concurrent resolution passed by both hous-
es, or if after 90 days the legislature fails to adopt their own plan,
the reductions to the general fund and state special revenue fund appro-
priations and related disbursements identified in the division of the
budget plan will go into effect automatically.
§ 24. Notwithstanding any provision of law to the contrary, in the
event that federal legislation, federal regulatory actions, federal
executive actions or federal judicial actions in federal fiscal year
2020 reduce federal financial participation or other federal aid in
funding to New York state that affects the state operating funds finan-
cial plan by $850 million or more in state fiscal years 2019-20 or
2020-21, exclusive of any cuts to Medicaid, the director of the division
of the budget shall notify the temporary president of the senate and the
speaker of the assembly in writing that the federal actions will reduce
expected funding to New York state. The director of the division of the
budget shall prepare a plan that shall be submitted to the legislature,
which shall (a) specify the total amount of the reduction in federal
aid, (b) itemize the specific programs and activities that will be
affected by the federal reductions, exclusive of Medicaid, and (c) iden-
tify the general fund and state special revenue fund appropriations and
related disbursements that shall be reduced, and in what program areas,
provided, however, that such reductions to appropriations and disburse-
ments shall be applied equally and proportionally. Upon such submission,
the legislature shall have 90 days after such submission to either
prepare its own plan, which may be adopted by concurrent resolution
passed by both houses, or if after 90 days the legislature fails to
adopt their own plan, the reductions to the general fund and state
S. 1505--A 32 A. 2005--A
special revenue fund appropriations and related disbursements identified
in the division of the budget plan will go into effect automatically.
§ 25. The state finance law is amended by adding a new section 28 to
read as follows:
§ 28. REDUCTIONS TO ENACTED APPROPRIATIONS. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, TO MAINTAIN A BALANCED BUDGET IN
THE EVENT THAT THE ANNUAL ESTIMATE FOR TAX RECEIPTS FOR FISCAL YEAR
2019-20 IS REDUCED BY FIVE HUNDRED MILLION DOLLARS OR MORE COMPARED TO
THE ESTIMATE IN THE FISCAL YEAR 2019-20 EXECUTIVE BUDGET FINANCIAL PLAN,
THE APPROPRIATIONS AND RELATED CASH DISBURSEMENTS FOR ALL GENERAL FUND
AND STATE SPECIAL REVENUE FUND AID TO LOCALITIES APPROPRIATIONS SHALL BE
UNIFORMLY REDUCED BY THE PERCENTAGE SET FORTH IN A WRITTEN ALLOCATION
PLAN PREPARED BY THE DIRECTOR OF THE BUDGET, PROVIDED, HOWEVER, THAT THE
UNIFORM PERCENTAGE REDUCTION SHALL NOT EXCEED THREE PERCENT. THE FOLLOW-
ING TYPES OF APPROPRIATIONS SHALL BE EXEMPT FROM UNIFORM REDUCTION: (A)
PUBLIC ASSISTANCE PAYMENTS FOR FAMILIES AND INDIVIDUALS AND PAYMENTS FOR
ELIGIBLE AGED, BLIND AND DISABLED PERSONS RELATED TO SUPPLEMENTAL SOCIAL
SECURITY; (B) ANY REDUCTIONS THAT WOULD VIOLATE FEDERAL LAW; (C)
PAYMENTS OF DEBT SERVICE AND RELATED EXPENSES FOR WHICH THE STATE IS
CONSTITUTIONALLY OBLIGATED TO PAY DEBT SERVICE OR IS CONTRACTUALLY OBLI-
GATED TO PAY DEBT SERVICE, SUBJECT TO AN APPROPRIATION, INCLUDING WHERE
THE STATE HAS A CONTINGENT CONTRACTUAL OBLIGATION; (D) PAYMENTS THE
STATE IS OBLIGATED TO MAKE PURSUANT TO COURT ORDERS OR JUDGMENTS; (E)
PAYMENTS FOR CUNY SENIOR COLLEGES; (F) SCHOOL AID; (G) MEDICAID; AND (H)
PAYMENTS FROM THE COMMUNITY PROJECTS FUND.
2. REDUCTIONS UNDER THIS SECTION SHALL COMMENCE WITHIN TEN DAYS
FOLLOWING THE PUBLICATION OF A FINANCIAL PLAN REQUIRED UNDER SECTIONS
TWENTY-TWO OR TWENTY-THREE OF THIS ARTICLE STATING THAT THE ANNUAL ESTI-
MATE FOR TAX RECEIPTS FOR FISCAL YEAR 2019-20 IS REDUCED BY FIVE HUNDRED
MILLION DOLLARS OR MORE COMPARED TO THE ESTIMATE IN THE FISCAL YEAR
2019-20 EXECUTIVE BUDGET FINANCIAL PLAN. SUCH REDUCTIONS SHALL BE
UNIFORMLY REDUCED IN ACCORDANCE WITH A WRITTEN ALLOCATION PLAN PREPARED
BY THE DIRECTOR OF THE BUDGET, WHICH SHALL BE FILED WITH THE STATE COMP-
TROLLER, THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND THE CHAIRMAN
OF THE ASSEMBLY WAYS AND MEANS COMMITTEE. SUCH WRITTEN ALLOCATION PLAN
SHALL INCLUDE A SUMMARY OF THE METHODOLOGY FOR CALCULATING THE PERCENT-
AGE REDUCTIONS TO THE PAYMENTS FROM NON-EXEMPT APPROPRIATIONS AND CASH
DISBURSEMENTS AND THE REASONS FOR ANY EXEMPTIONS, AND A DETAILED SCHED-
ULE OF THE REDUCTIONS AND EXEMPTIONS. THE DIRECTOR OF THE BUDGET SHALL
PREPARE APPROPRIATELY REDUCED CERTIFICATES, WHICH SHALL BE FILED WITH
THE STATE COMPTROLLER, THE CHAIR OF THE SENATE FINANCE COMMITTEE AND THE
CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
3. ON MARCH THIRTY-FIRST, TWO THOUSAND TWENTY, THE DIRECTOR OF THE
BUDGET SHALL CALCULATE THE DIFFERENCE, IF ANY, BETWEEN THE ANNUAL ESTI-
MATE IN TAX RECEIPTS CONTAINED IN THE FISCAL YEAR 2020 EXECUTIVE BUDGET
FINANCIAL PLAN AND ACTUAL TAX COLLECTIONS FOR FISCAL YEAR 2019-20. IF
ACTUAL TAX RECEIPTS FOR FISCAL YEAR 2019-20 WERE NOT LESS THAN FIVE
HUNDRED MILLION DOLLARS BELOW THE ANNUAL ESTIMATE IN TAX RECEIPTS
CONTAINED IN THE EXECUTIVE BUDGET FINANCIAL PLAN FOR FISCAL YEAR 2019-
20, THEN THE AMOUNTS WITHHELD UNDER THIS SECTION SHALL BE PAYABLE AS
SOON AS PRACTICABLE THEREAFTER IN THE FISCAL YEAR 2021-22.
4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, RULE OR REGU-
LATION, THE EFFECTIVENESS OF THE PROVISIONS OF SECTIONS TWENTY-EIGHT
HUNDRED SEVEN AND THIRTY-SIX HUNDRED FOURTEEN OF THE PUBLIC HEALTH LAW,
SECTION EIGHTEEN OF CHAPTER TWO OF THE LAWS OF NINETEEN HUNDRED EIGHTY-
EIGHT, AND 18 NYCRR § 505.14(H), AS THEY RELATE TO TIME FRAMES FOR
S. 1505--A 33 A. 2005--A
NOTICE, APPROVAL OR CERTIFICATION OF RATES OF PAYMENT, ARE HEREBY
SUSPENDED AND WITHOUT FORCE OR EFFECT FOR PURPOSES OF IMPLEMENTING THE
PROVISIONS OF THIS ACT.
§ 26. Notwithstanding any other law, rule, or regulation to the
contrary, the state comptroller is hereby authorized and directed to use
any balance remaining in the mental health services fund debt service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the New York state medical care facilities finance agency, and the
facilities development corporation pursuant to chapter 83 of the laws of
1995 and the department of mental hygiene for the purpose of making
payments to the dormitory authority of the state of New York for the
amount of the earnings for the investment of monies deposited in the
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to the provisions of
the internal revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal income taxation on the
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. Annually on or before each June 30th, such
agency shall certify to the state comptroller its determination of the
amounts received in the mental health services fund as a result of the
investment of monies deposited therein that will or may have to be
rebated to the federal government pursuant to the provisions of the
internal revenue code of 1986, as amended.
§ 27. Subdivision 1 of section 47 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 31 of part BBB of chapter 59 of the
laws of 2018, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the corporation are hereby authorized to
issue bonds or notes in one or more series for the purpose of funding
project costs for the office of information technology services, depart-
ment of law, and other state costs associated with such capital
projects. The aggregate principal amount of bonds authorized to be
issued pursuant to this section shall not exceed [five hundred forty
million nine hundred fifty-four thousand] SIX HUNDRED SIXTY-TWO MILLION
SIX HUNDRED FIFTY-FOUR THOUSAND dollars, $662,654,000 excluding bonds
issued to fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued. Such bonds and notes of the
dormitory authority and the corporation shall not be a debt of the
state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
the dormitory authority and the corporation for principal, interest, and
related expenses pursuant to a service contract and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
§ 28. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 32 of part BBB of chapter 59 of the laws of 2018, is amended to
read as follows:
S. 1505--A 34 A. 2005--A
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed [eight billion eighty-two
million eight hundred ninety-nine thousand] EIGHT BILLION FOUR HUNDRED
NINETY-FOUR MILLION NINE HUNDRED SEVENTY-NINE THOUSAND dollars
[$8,082,899,000] $8,494,979,000, and shall include all bonds, notes and
other obligations issued pursuant to chapter 56 of the laws of 1983, as
amended or supplemented. The proceeds of such bonds, notes or other
obligations shall be paid to the state, for deposit in the correctional
facilities capital improvement fund to pay for all or any portion of the
amount or amounts paid by the state from appropriations or reappropri-
ations made to the department of corrections and community supervision
from the correctional facilities capital improvement fund for capital
projects. The aggregate amount of bonds, notes or other obligations
authorized to be issued pursuant to this section shall exclude bonds,
notes or other obligations issued to refund or otherwise repay bonds,
notes or other obligations theretofore issued, the proceeds of which
were paid to the state for all or a portion of the amounts expended by
the state from appropriations or reappropriations made to the department
of corrections and community supervision; provided, however, that upon
any such refunding or repayment the total aggregate principal amount of
outstanding bonds, notes or other obligations may be greater than [eight
billion eighty-two million eight hundred ninety-nine thousand] EIGHT
BILLION FOUR HUNDRED NINETY-FOUR MILLION NINE HUNDRED SEVENTY-NINE THOU-
SAND dollars [$8,082,899,000] $8,494,979,000, only if the present value
of the aggregate debt service of the refunding or repayment bonds, notes
or other obligations to be issued shall not exceed the present value of
the aggregate debt service of the bonds, notes or other obligations so
to be refunded or repaid. For the purposes hereof, the present value of
the aggregate debt service of the refunding or repayment bonds, notes or
other obligations and of the aggregate debt service of the bonds, notes
or other obligations so refunded or repaid, shall be calculated by
utilizing the effective interest rate of the refunding or repayment
bonds, notes or other obligations, which shall be that rate arrived at
by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the refunding or
repayment bonds, notes or other obligations from the payment dates ther-
eof to the date of issue of the refunding or repayment bonds, notes or
other obligations and to the price bid including estimated accrued
interest or proceeds received by the corporation including estimated
accrued interest from the sale thereof.
§ 29. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 33 of part BBB of chapter 59
of the laws of 2018, is amended to read as follows:
(a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of such
housing programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable housing program bonds and
notes in such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making capital appropri-
ations or reappropriations for the purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in an
S. 1505--A 35 A. 2005--A
aggregate principal amount not exceeding [$5,981,399,000 five billion
nine hundred eighty-one million three hundred ninety-nine thousand] SIX
BILLION ONE HUNDRED SEVENTY-EIGHT MILLION FIVE HUNDRED NINETY-NINE THOU-
SAND dollars $6,178,599,000, plus a principal amount of bonds issued to
fund the debt service reserve fund in accordance with the debt service
reserve fund requirement established by the agency and to fund any other
reserves that the agency reasonably deems necessary for the security or
marketability of such bonds and to provide for the payment of fees and
other charges and expenses, including underwriters' discount, trustee
and rating agency fees, bond insurance, credit enhancement and liquidity
enhancement related to the issuance of such bonds and notes. No reserve
fund securing the housing program bonds shall be entitled or eligible to
receive state funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the extent of
any deficiency resulting directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
§ 30. Subdivision (b) of section 11 of chapter 329 of the laws of
1991, amending the state finance law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 34 of part BBB of chapter 59 of the laws of 2018, is amended
to read as follows:
(b) Any service contract or contracts for projects authorized pursuant
to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide for state commitments to provide
annually to the thruway authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to fund or to reimburse the
state for funding such projects having a cost not in excess of
[$10,251,939,000] TEN BILLION SEVEN HUNDRED THIRTY-NINE MILLION FOUR
HUNDRED SEVENTY-EIGHT THOUSAND DOLLARS $10,739,478,000 cumulatively by
the end of fiscal year [2018-19] 2019-20.
§ 31. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 35 of part BBB of chapter 59 of the laws of 2018,
is amended to read as follows:
1. The dormitory authority is authorized to issue bonds, at the
request of the commissioner of education, to finance eligible library
construction projects pursuant to section two hundred seventy-three-a of
the education law, in amounts certified by such commissioner not to
exceed a total principal amount of [two hundred seventeen million] TWO
HUNDRED THIRTY-ONE MILLION dollars $231,000,000.
§ 32. Subdivision (a) of section 27 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 36 of part BBB of chapter 59 of the laws of 2018, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban devel-
opment corporation is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed
[$220,100,000 two hundred twenty million one hundred thousand] TWO
HUNDRED SEVENTY-ONE MILLION SIX HUNDRED THOUSAND dollars $271,600,000,
excluding bonds issued to finance one or more debt service reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
S. 1505--A 36 A. 2005--A
to refund or otherwise repay such bonds or notes previously issued, for
the purpose of financing capital projects including IT initiatives for
the division of state police, debt service and leases; and to reimburse
the state general fund for disbursements made therefor. Such bonds and
notes of such authorized issuer shall not be a debt of the state, and
the state shall not be liable thereon, nor shall they be payable out of
any funds other than those appropriated by the state to such authorized
issuer for debt service and related expenses pursuant to any service
contract executed pursuant to subdivision (b) of this section and such
bonds and notes shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be used to pay
debt service on such bonds.
§ 33. Section 44 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
amended by section 37 of part BBB of chapter 59 of the laws of 2018, is
amended to read as follows:
§ 44. Issuance of certain bonds or notes. 1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and
the corporation are hereby authorized to issue bonds or notes in one or
more series for the purpose of funding project costs for the regional
economic development council initiative, the economic transformation
program, state university of New York college for nanoscale and science
engineering, projects within the city of Buffalo or surrounding envi-
rons, the New York works economic development fund, projects for the
retention of professional football in western New York, the empire state
economic development fund, the clarkson-trudeau partnership, the New
York genome center, the cornell university college of veterinary medi-
cine, the olympic regional development authority, projects at nano
Utica, onondaga county revitalization projects, Binghamton university
school of pharmacy, New York power electronics manufacturing consortium,
regional infrastructure projects, high tech innovation and economic
development infrastructure program, high technology manufacturing
projects in Chautauqua and Erie county, an industrial scale research and
development facility in Clinton county, upstate revitalization initi-
ative projects, downstate revitalization initiative, market New York
projects, fairground buildings, equipment or facilities used to house
and promote agriculture, the state fair, the empire state trail, the
moynihan station development project, the Kingsbridge armory project,
strategic economic development projects, the cultural, arts and public
spaces fund, water infrastructure in the city of Auburn and town of
Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore New York's communities initiative,
heavy equipment, economic development and infrastructure projects,
Roosevelt Island operating corporation capital projects, and other state
costs associated with such projects. The aggregate principal amount of
bonds authorized to be issued pursuant to this section shall not exceed
[eight billion three hundred million five hundred ninety thousand] NINE
BILLION THREE HUNDRED ONE MILLION SIX HUNDRED THIRTY-SIX THOUSAND
dollars $9,301,636,000, excluding bonds issued to fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes previ-
ously issued. Such bonds and notes of the dormitory authority and the
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
S. 1505--A 37 A. 2005--A
those appropriated by the state to the dormitory authority and the
corporation for principal, interest, and related expenses pursuant to a
service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except for purposes of complying
with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional economic develop-
ment council initiative, the economic transformation program, state
university of New York college for nanoscale and science engineering,
projects within the city of Buffalo or surrounding environs, the New
York works economic development fund, projects for the retention of
professional football in western New York, the empire state economic
development fund, the clarkson-trudeau partnership, the New York genome
center, the cornell university college of veterinary medicine, the olym-
pic regional development authority, projects at nano Utica, onondaga
county revitalization projects, Binghamton university school of pharma-
cy, New York power electronics manufacturing consortium, regional
infrastructure projects, New York State Capital Assistance Program for
Transportation, infrastructure, and economic development, high tech
innovation and economic development infrastructure program, high tech-
nology manufacturing projects in Chautauqua and Erie county, an indus-
trial scale research and development facility in Clinton county, upstate
revitalization initiative projects, downstate revitalization initiative,
market New York projects, fairground buildings, equipment or facilities
used to house and promote agriculture, the state fair, the empire state
trail, the moynihan station development project, the Kingsbridge armory
project, strategic economic development projects, the cultural, arts and
public spaces fund, water infrastructure in the city of Auburn and town
of Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore New York's communities initiative,
heavy equipment, economic development and infrastructure projects,
Roosevelt Island operating corporation capital projects, and other state
costs associated with such projects the director of the budget is hereby
authorized to enter into one or more service contracts with the dormito-
ry authority and the corporation, none of which shall exceed thirty
years in duration, upon such terms and conditions as the director of the
budget and the dormitory authority and the corporation agree, so as to
annually provide to the dormitory authority and the corporation, in the
aggregate, a sum not to exceed the principal, interest, and related
expenses required for such bonds and notes. Any service contract entered
into pursuant to this section shall provide that the obligation of the
state to pay the amount therein provided shall not constitute a debt of
the state within the meaning of any constitutional or statutory
provision and shall be deemed executory only to the extent of monies
available and that no liability shall be incurred by the state beyond
the monies available for such purpose, subject to annual appropriation
by the legislature. Any such contract or any payments made or to be made
thereunder may be assigned and pledged by the dormitory authority and
the corporation as security for its bonds and notes, as authorized by
this section.
§ 34. Subdivision (a) of section 1 of part X of chapter 59 of the laws
of 2004, authorizing the New York state urban development corporation
and the dormitory authority of the state of New York to issue bonds or
S. 1505--A 38 A. 2005--A
notes, as amended by section 37-a of part BBB of chapter 59 of the laws
of 2018, is amended to read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any other provision of law to the contrary, the New York
State urban development corporation and the dormitory authority of the
state of New York are hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed
[$293,325,000] TWO HUNDRED FORTY-THREE MILLION THREE HUNDRED TWENTY-FIVE
THOUSAND DOLLARS $243,325,000, excluding bonds issued to finance one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise repay such bonds or
notes previously issued, for the purpose of financing projects cost of
the Empire Opportunity Fund; Rebuilding the Empire State Through Oppor-
tunities in Regional Economies (RESTORE) New York Program; and the
Community Capital Assistance Program authorized pursuant to Part T of
chapter 84 of the laws of 2002. Such bonds and notes of the corporation
or the dormitory authority shall not be a debt of the state, and the
state shall not be liable thereon, nor shall they be payable out of any
funds other than those appropriated by the state to the corporation or
the dormitory authority for debt service and related expenses pursuant
to any service contract executed pursuant to subdivision (b) of this
section and such bonds and notes shall contain on the face thereof a
statement to such effect. Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds. All of the provisions of
the New York state urban development corporation act and the dormitory
authority act relating to bonds and notes which are not inconsistent
with the provisions of this section shall apply to obligations author-
ized by this section, including but not limited to the power to estab-
lish adequate reserves therefor and to issue renewal notes or refunding
bonds thereof. The issuance of any bonds or notes hereunder shall
further be subject to the approval of the director of the division of
the budget.
§ 35. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 38 of part BBB of chapter 59 of the laws of 2018,
is amended to read as follows:
3. The maximum amount of bonds that may be issued for the purpose of
financing environmental infrastructure projects authorized by this
section shall be [five billion one hundred forty-seven million two
hundred sixty thousand] FIVE BILLION THREE HUNDRED EIGHTY-EIGHT MILLION
TEN THOUSAND dollars $5,388,010,000, exclusive of bonds issued to fund
any debt service reserve funds, pay costs of issuance of such bonds, and
bonds or notes issued to refund or otherwise repay bonds or notes previ-
ously issued. Such bonds and notes of the corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those appropriated by the
state to the corporation for debt service and related expenses pursuant
to any service contracts executed pursuant to subdivision one of this
section, and such bonds and notes shall contain on the face thereof a
statement to such effect.
§ 36. Subdivision (a) of section 48 of part K of chapter 81 of the
laws of 2002, relating to providing for the administration of certain
funds and accounts related to the 2002-2003 budget, as amended by
section 40 of part BBB of chapter 59 of the laws of 2018, is amended to
read as follows:
S. 1505--A 39 A. 2005--A
(a) Subject to the provisions of chapter 59 of the laws of 2000 but
notwithstanding the provisions of section 18 of the urban development
corporation act, the corporation is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
exceed [$253,000,000 two-hundred fifty-three million] TWO HUNDRED EIGHT-
Y-SIX MILLION dollars $286,000,000, excluding bonds issued to fund one
or more debt service reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose of financing capital costs
related to homeland security and training facilities for the division of
state police, the division of military and naval affairs, and any other
state agency, including the reimbursement of any disbursements made from
the state capital projects fund, and is hereby authorized to issue bonds
or notes in one or more series in an aggregate principal amount not to
exceed [$748,800,000, seven hundred forty-eight million eight hundred
thousand] $952,800,000 NINE HUNDRED FIFTY-TWO MILLION EIGHT HUNDRED
THOUSAND dollars, excluding bonds issued to fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes previ-
ously issued, for the purpose of financing improvements to State office
buildings and other facilities located statewide, including the
reimbursement of any disbursements made from the state capital projects
fund. Such bonds and notes of the corporation shall not be a debt of the
state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
the corporation for debt service and related expenses pursuant to any
service contracts executed pursuant to subdivision (b) of this section,
and such bonds and notes shall contain on the face thereof a statement
to such effect.
§ 37. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 41 of part BBB of chapter 59 of the laws of 2018, is
amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of financing peace bridge projects and capital costs of
state and local highways, parkways, bridges, the New York state thruway,
Indian reservation roads, and facilities, and transportation infrastruc-
ture projects including aviation projects, non-MTA mass transit
projects, and rail service preservation projects, including work appur-
tenant and ancillary thereto. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed [four
billion five hundred million dollars $4,500,000,000] FOUR BILLION SIX
HUNDRED TWENTY-EIGHT MILLION DOLLARS $4,628,000,000, excluding bonds
issued to fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and to refund or otherwise repay such bonds or
notes previously issued. Such bonds and notes of the authority, the
dormitory authority and the urban development corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those appropriated by the
state to the authority, the dormitory authority and the urban develop-
ment corporation for principal, interest, and related expenses pursuant
to a service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except for purposes of complying
with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
S. 1505--A 40 A. 2005--A
§ 38. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 42 of part BBB of chapter 59 of
the laws of 2018, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any bonds for state
university educational facilities purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
issued by the dormitory authority on and after July first, nineteen
hundred eighty-eight for state university educational facilities will
exceed [thirteen billion one hundred seventy-eight million eight hundred
sixty-four thousand dollars $13,178,864,000] THIRTEEN BILLION EIGHT
HUNDRED FORTY-ONE MILLION EIGHT HUNDRED SIXTY-FOUR THOUSAND DOLLARS
$13,841,864,000; provided, however, that bonds issued or to be issued
shall be excluded from such limitation if: (1) such bonds are issued to
refund state university construction bonds and state university
construction notes previously issued by the housing finance agency; or
(2) such bonds are issued to refund bonds of the authority or other
obligations issued for state university educational facilities purposes
and the present value of the aggregate debt service on the refunding
bonds does not exceed the present value of the aggregate debt service on
the bonds refunded thereby; provided, further that upon certification by
the director of the budget that the issuance of refunding bonds or other
obligations issued between April first, nineteen hundred ninety-two and
March thirty-first, nineteen hundred ninety-three will generate long
term economic benefits to the state, as assessed on a present value
basis, such issuance will be deemed to have met the present value test
noted above. For purposes of this subdivision, the present value of the
aggregate debt service of the refunding bonds and the aggregate debt
service of the bonds refunded, shall be calculated by utilizing the true
interest cost of the refunding bonds, which shall be that rate arrived
at by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the refunding bonds
from the payment dates thereof to the date of issue of the refunding
bonds to the purchase price of the refunding bonds, including interest
accrued thereon prior to the issuance thereof. The maturity of such
bonds, other than bonds issued to refund outstanding bonds, shall not
exceed the weighted average economic life, as certified by the state
university construction fund, of the facilities in connection with which
the bonds are issued, and in any case not later than the earlier of
thirty years or the expiration of the term of any lease, sublease or
other agreement relating thereto; provided that no note, including
renewals thereof, shall mature later than five years after the date of
issuance of such note. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the dormitory authority,
the state university of New York, and the state university construction
fund are prohibited from covenanting or making any other agreements with
or for the benefit of bondholders which might in any way affect such
right.
§ 39. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 43 of part BBB of chapter 59 of
the laws of 2018, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, (i) the dormitory authority shall not deliver a series of
bonds for city university community college facilities, except to refund
or to be substituted for or in lieu of other bonds in relation to city
university community college facilities pursuant to a resolution of the
S. 1505--A 41 A. 2005--A
dormitory authority adopted before July first, nineteen hundred eighty-
five or any resolution supplemental thereto, if the principal amount of
bonds so to be issued when added to all principal amounts of bonds
previously issued by the dormitory authority for city university commu-
nity college facilities, except to refund or to be substituted in lieu
of other bonds in relation to city university community college facili-
ties will exceed the sum of four hundred twenty-five million dollars and
(ii) the dormitory authority shall not deliver a series of bonds issued
for city university facilities, including community college facilities,
pursuant to a resolution of the dormitory authority adopted on or after
July first, nineteen hundred eighty-five, except to refund or to be
substituted for or in lieu of other bonds in relation to city university
facilities and except for bonds issued pursuant to a resolution supple-
mental to a resolution of the dormitory authority adopted prior to July
first, nineteen hundred eighty-five, if the principal amount of bonds so
to be issued when added to the principal amount of bonds previously
issued pursuant to any such resolution, except bonds issued to refund or
to be substituted for or in lieu of other bonds in relation to city
university facilities, will exceed [eight billion three hundred fourteen
million six hundred ninety-one thousand dollars $8,314,691,000] EIGHT
BILLION SIX HUNDRED SEVENTY-FOUR MILLION TWO HUNDRED FIFTY-SIX THOUSAND
DOLLARS $8,674,256,000. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the dormitory authority,
the city university, and the fund are prohibited from covenanting or
making any other agreements with or for the benefit of bondholders which
might in any way affect such right.
§ 40. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 44 of part BBB of chapter 59 of the laws of 2018,
is amended to read as follows:
10-a. Subject to the provisions of chapter fifty-nine of the laws of
two thousand, but notwithstanding any other provision of the law to the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two, on behalf of the state, in relation to
any locally sponsored community college, shall be [nine hundred sixty-
eight million five hundred forty-two thousand dollars $968,542,000] ONE
BILLION FIVE MILLION SIX HUNDRED TWO THOUSAND DOLLARS $1,005,602,000.
Such amount shall be exclusive of bonds and notes issued to fund any
reserve fund or funds, costs of issuance and to refund any outstanding
bonds and notes, issued on behalf of the state, relating to a locally
sponsored community college.
§ 41. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 45 of part BBB of chapter 59 of the laws of 2018, is amended to
read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed [seven] EIGHT hundred [sixty-
nine] FOUR million six hundred fifteen thousand dollars [($769,615,000)]
$804,615,000, which authorization increases the aggregate principal
amount of bonds, notes and other obligations authorized by section 40 of
chapter 309 of the laws of 1996, and shall include all bonds, notes and
other obligations issued pursuant to chapter 211 of the laws of 1990, as
amended or supplemented. The proceeds of such bonds, notes or other
S. 1505--A 42 A. 2005--A
obligations shall be paid to the state, for deposit in the youth facili-
ties improvement fund, to pay for all or any portion of the amount or
amounts paid by the state from appropriations or reappropriations made
to the office of children and family services from the youth facilities
improvement fund for capital projects. The aggregate amount of bonds,
notes and other obligations authorized to be issued pursuant to this
section shall exclude bonds, notes or other obligations issued to refund
or otherwise repay bonds, notes or other obligations theretofore issued,
the proceeds of which were paid to the state for all or a portion of the
amounts expended by the state from appropriations or reappropriations
made to the office of children and family services; provided, however,
that upon any such refunding or repayment the total aggregate principal
amount of outstanding bonds, notes or other obligations may be greater
than [seven] EIGHT hundred [sixty-nine] FOUR million six hundred fifteen
thousand dollars [($769,615,000)] $804,615,000, only if the present
value of the aggregate debt service of the refunding or repayment bonds,
notes or other obligations to be issued shall not exceed the present
value of the aggregate debt service of the bonds, notes or other obli-
gations so to be refunded or repaid. For the purposes hereof, the pres-
ent value of the aggregate debt service of the refunding or repayment
bonds, notes or other obligations and of the aggregate debt service of
the bonds, notes or other obligations so refunded or repaid, shall be
calculated by utilizing the effective interest rate of the refunding or
repayment bonds, notes or other obligations, which shall be that rate
arrived at by doubling the semi-annual interest rate (compounded semi-
annually) necessary to discount the debt service payments on the refund-
ing or repayment bonds, notes or other obligations from the payment
dates thereof to the date of issue of the refunding or repayment bonds,
notes or other obligations and to the price bid including estimated
accrued interest or proceeds received by the corporation including esti-
mated accrued interest from the sale thereof.
§ 42. Paragraph b of subdivision 2 of section 9-a of section 1 of
chapter 392 of the laws of 1973, constituting the New York state medical
care facilities finance agency act, as amended by section 46 of part BBB
of chapter 59 of the laws of 2018, is amended to read as follows:
b. The agency shall have power and is hereby authorized from time to
time to issue negotiable bonds and notes in conformity with applicable
provisions of the uniform commercial code in such principal amount as,
in the opinion of the agency, shall be necessary, after taking into
account other moneys which may be available for the purpose, to provide
sufficient funds to the facilities development corporation, or any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of mental health services facilities pursuant to paragraph a of this
subdivision, the payment of interest on mental health services improve-
ment bonds and mental health services improvement notes issued for such
purposes, the establishment of reserves to secure such bonds and notes,
the cost or premium of bond insurance or the costs of any financial
mechanisms which may be used to reduce the debt service that would be
payable by the agency on its mental health services facilities improve-
ment bonds and notes and all other expenditures of the agency incident
to and necessary or convenient to providing the facilities development
corporation, or any successor agency, with funds for the financing or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
S. 1505--A 43 A. 2005--A
housing finance law; provided, however, that the agency shall not issue
mental health services facilities improvement bonds and mental health
services facilities improvement notes in an aggregate principal amount
exceeding [eight billion seven hundred seventy-eight million seven
hundred eleven thousand] NINE BILLION THREE HUNDRED THIRTY-THREE MILLION
THREE HUNDRED EIGHT THOUSAND dollars $9,333,308,000, excluding mental
health services facilities improvement bonds and mental health services
facilities improvement notes issued to refund outstanding mental health
services facilities improvement bonds and mental health services facili-
ties improvement notes; provided, however, that upon any such refunding
or repayment of mental health services facilities improvement bonds
and/or mental health services facilities improvement notes the total
aggregate principal amount of outstanding mental health services facili-
ties improvement bonds and mental health facilities improvement notes
may be greater than [eight billion seven hundred seventy-eight million
seven hundred eleven thousand dollars $8,778,711,000] NINE BILLION THREE
HUNDRED THIRTY-THREE MILLION THREE HUNDRED EIGHT THOUSAND DOLLARS
$9,333,308,000, only if, except as hereinafter provided with respect to
mental health services facilities bonds and mental health services
facilities notes issued to refund mental hygiene improvement bonds
authorized to be issued pursuant to the provisions of section 47-b of
the private housing finance law, the present value of the aggregate debt
service of the refunding or repayment bonds to be issued shall not
exceed the present value of the aggregate debt service of the bonds to
be refunded or repaid. For purposes hereof, the present values of the
aggregate debt service of the refunding or repayment bonds, notes or
other obligations and of the aggregate debt service of the bonds, notes
or other obligations so refunded or repaid, shall be calculated by
utilizing the effective interest rate of the refunding or repayment
bonds, notes or other obligations, which shall be that rate arrived at
by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the refunding or
repayment bonds, notes or other obligations from the payment dates ther-
eof to the date of issue of the refunding or repayment bonds, notes or
other obligations and to the price bid including estimated accrued
interest or proceeds received by the authority including estimated
accrued interest from the sale thereof. Such bonds, other than bonds
issued to refund outstanding bonds, shall be scheduled to mature over a
term not to exceed the average useful life, as certified by the facili-
ties development corporation, of the projects for which the bonds are
issued, and in any case shall not exceed thirty years and the maximum
maturity of notes or any renewals thereof shall not exceed five years
from the date of the original issue of such notes. Notwithstanding the
provisions of this section, the agency shall have the power and is here-
by authorized to issue mental health services facilities improvement
bonds and/or mental health services facilities improvement notes to
refund outstanding mental hygiene improvement bonds authorized to be
issued pursuant to the provisions of section 47-b of the private housing
finance law and the amount of bonds issued or outstanding for such
purposes shall not be included for purposes of determining the amount of
bonds issued pursuant to this section. The director of the budget shall
allocate the aggregate principal authorized to be issued by the agency
among the office of mental health, office for people with developmental
disabilities, and the office of alcoholism and substance abuse services,
in consultation with their respective commissioners to finance bondable
appropriations previously approved by the legislature.
S. 1505--A 44 A. 2005--A
§ 43. Subdivision (a) of section 28 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 49 of part BBB of chapter 59 of the laws of 2018, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, one or more
authorized issuers as defined by section 68-a of the state finance law
are hereby authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to exceed [$67,000,000, sixty-seven
million] NINETY-TWO MILLION dollars $92,000,000, excluding bonds issued
to finance one or more debt service reserve funds, to pay costs of issu-
ance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued, for the purpose of financ-
ing capital projects for public protection facilities in the Division of
Military and Naval Affairs, debt service and leases; and to reimburse
the state general fund for disbursements made therefor. Such bonds and
notes of such authorized issuer shall not be a debt of the state, and
the state shall not be liable thereon, nor shall they be payable out of
any funds other than those appropriated by the state to such authorized
issuer for debt service and related expenses pursuant to any service
contract executed pursuant to subdivision (b) of this section and such
bonds and notes shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be used to pay
debt service on such bonds.
§ 44. Subdivision 1 of section 386-a of the public authorities law, as
amended by section 61 of part BBB of chapter 59 of the laws of 2018, is
amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of assisting the metropolitan transportation authority in
the financing of transportation facilities as defined in subdivision
seventeen of section twelve hundred sixty-one of this chapter. The
aggregate principal amount of bonds authorized to be issued pursuant to
this section shall not exceed [one billion six hundred ninety-four
million dollars $1,694,000,000] TWO BILLION SEVENTY-NINE MILLION EIGHT
HUNDRED FIFTY-SIX THOUSAND DOLLARS $2,079,856,000, excluding bonds
issued to fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and to refund or otherwise repay such bonds or
notes previously issued. Such bonds and notes of the authority, the
dormitory authority and the urban development corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those appropriated by the
state to the authority, the dormitory authority and the urban develop-
ment corporation for principal, interest, and related expenses pursuant
to a service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except for purposes of complying
with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
§ 45. Subdivision 1 of section 50 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 42 of part XXX of chapter 59 of the
laws of 2017, is amended to read as follows:
S. 1505--A 45 A. 2005--A
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs undertaken by or on behalf of special act
school districts, state-supported schools for the blind and deaf,
approved private special education schools, non-public schools, communi-
ty centers, day care facilities, and other state costs associated with
such capital projects. The aggregate principal amount of bonds author-
ized to be issued pursuant to this section shall not exceed [fifty-five
million dollars] ONE HUNDRED TEN MILLION DOLLARS $110,000,000, excluding
bonds issued to fund one or more debt service reserve funds, to pay
costs of issuance of such bonds, and bonds or notes issued to refund or
otherwise repay such bonds or notes previously issued. Such bonds and
notes of the dormitory authority and the urban development corporation
shall not be a debt of the state, and the state shall not be liable
thereon, nor shall they be payable out of any funds other than those
appropriated by the state to the dormitory authority and the urban
development corporation for principal, interest, and related expenses
pursuant to a service contract and such bonds and notes shall contain on
the face thereof a statement to such effect. Except for purposes of
complying with the internal revenue code, any interest income earned on
bond proceeds shall only be used to pay debt service on such bonds.
§ 46. Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 53 to read as follows:
§ 53. 1. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE
CONTRARY, THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION
ARE HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN ONE OR MORE SERIES FOR
THE PURPOSE OF FUNDING PROJECT COSTS FOR THE ACQUISITION OF EQUIPMENT,
INCLUDING BUT NOT LIMITED TO THE CREATION OR MODERNIZATION OF INFORMA-
TION TECHNOLOGY SYSTEMS AND RELATED RESEARCH AND DEVELOPMENT EQUIPMENT,
HEALTH AND SAFETY EQUIPMENT, HEAVY EQUIPMENT AND MACHINERY, THE CREATION
OR IMPROVEMENT OF SECURITY SYSTEMS, AND LABORATORY EQUIPMENT AND OTHER
STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS. THE AGGREGATE PRINCI-
PAL AMOUNT OF BONDS AUTHORIZED TO BE ISSUED PURSUANT TO THIS SECTION
SHALL NOT EXCEED NINETY-THREE MILLION DOLLARS $93,000,000, EXCLUDING
BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE RESERVE FUNDS, TO PAY
COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED TO REFUND OR
OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED. SUCH BONDS AND
NOTES OF THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION
SHALL NOT BE A DEBT OF THE STATE, AND THE STATE SHALL NOT BE LIABLE
THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN THOSE
APPROPRIATED BY THE STATE TO THE DORMITORY AUTHORITY AND THE URBAN
DEVELOPMENT CORPORATION FOR PRINCIPAL, INTEREST, AND RELATED EXPENSES
PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON
THE FACE THEREOF A STATEMENT TO SUCH EFFECT. EXCEPT FOR PURPOSES OF
COMPLYING WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED ON
BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
RATION IN UNDERTAKING THE FINANCING FOR PROJECT COSTS FOR THE ACQUISI-
TION OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO THE CREATION OR MODERN-
IZATION OF INFORMATION TECHNOLOGY SYSTEMS AND RELATED RESEARCH AND
DEVELOPMENT EQUIPMENT, HEALTH AND SAFETY EQUIPMENT, HEAVY EQUIPMENT AND
MACHINERY, THE CREATION OR IMPROVEMENT OF SECURITY SYSTEMS, AND LABORA-
TORY EQUIPMENT AND OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL
S. 1505--A 46 A. 2005--A
PROJECTS, THE DIRECTOR OF THE BUDGET IS HEREBY AUTHORIZED TO ENTER INTO
ONE OR MORE SERVICE CONTRACTS WITH THE DORMITORY AUTHORITY AND THE URBAN
DEVELOPMENT CORPORATION, NONE OF WHICH SHALL EXCEED THIRTY YEARS IN
DURATION, UPON SUCH TERMS AND CONDITIONS AS THE DIRECTOR OF THE BUDGET
AND THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION AGREE,
SO AS TO ANNUALLY PROVIDE TO THE DORMITORY AUTHORITY AND THE URBAN
DEVELOPMENT CORPORATION, IN THE AGGREGATE, A SUM NOT TO EXCEED THE PRIN-
CIPAL, INTEREST, AND RELATED EXPENSES REQUIRED FOR SUCH BONDS AND NOTES.
ANY SERVICE CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL PROVIDE
THAT THE OBLIGATION OF THE STATE TO PAY THE AMOUNT THEREIN PROVIDED
SHALL NOT CONSTITUTE A DEBT OF THE STATE WITHIN THE MEANING OF ANY
CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY ONLY
TO THE EXTENT OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE
INCURRED BY THE STATE BEYOND THE MONIES AVAILABLE FOR SUCH PURPOSE,
SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLATURE. ANY SUCH CONTRACT OR
ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED AND PLEDGED
BY THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION AS
SECURITY FOR ITS BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
§ 47. Subdivision 2 and paragraph (a) of subdivision 4 of section
1680-q of the public authorities law, as added by section 4 of part B of
chapter 57 of the laws of 2013, are amended to read as follows:
2. The authority may, from and after April first, two thousand thir-
teen, issue dormitory facility revenue bonds in an amount not to exceed
[nine hundred forty-four] ONE BILLION THREE HUNDRED NINETY-FOUR million
dollars. Notwithstanding any other rule or law, such bonds shall not be
a debt of the state of New York or the state university nor shall the
state or the state university be liable thereon, nor shall they be paya-
ble out of any funds other than those of the authority constituting
dormitory facilities revenues. Such amount shall be exclusive of bonds
and notes issued to fund any reserve fund or funds, cost of issuance,
original issue premium, and to refund any prior dormitory facility bonds
or any dormitory facility revenue bonds. The authority and the state
university are hereby authorized to enter into agreements relating to,
among other things, the acquisition of property or interests therein,
the construction, reconstruction, rehabilitation, improvement, equipping
and furnishing of dormitory facilities, the operation and maintenance of
dormitory facilities, and the billing, collection and disbursement of
dormitory facilities revenues, the title to which has been conveyed,
assigned or otherwise transferred to the authority pursuant to paragraph
y of subdivision two of section three hundred fifty-five of the educa-
tion law. In no event shall the state university have any obligation
under the agreement to make payment with respect to, on account of or to
pay dormitory facilities revenue bonds, and such bonds shall be payable
solely from the dormitory facilities revenues assigned to the authority
by the state university. No debt shall be contracted except to finance
capital works or purposes. Notwithstanding any other provision of law,
dormitory facility revenues shall not be deemed to be revenues of the
state. Notwithstanding any other rule or law, the state shall not be
liable for any payments on any dormitory facility revenue bonds, and
such bonds shall not be a debt of the state and shall not be payable out
of any funds other than the dormitory facilities revenues assigned to
the authority by the state university.
(a) The dormitory authority, in consultation with the state university
of New York, shall prepare an annual report due on September thirtieth,
commencing on September thirtieth, two thousand fourteen, of every
calendar year relating to the provisions of paragraph y of subdivision
S. 1505--A 47 A. 2005--A
two of section three hundred fifty-five of the education law [as added
by a chapter of the laws of two thousand thirteen which added this
section]; subdivision eight of section three hundred fifty-five of the
education law [as amended by a chapter of the laws of two thousand thir-
teen which added this section]; and this section. The report shall
include, but not be limited to: (i) the total dormitory facilities
revenues assigned or otherwise transferred from the state university of
New York to the dormitory authority in the prior state university fiscal
year and the sum of such transfers made in the five prior fiscal years;
(ii) the sum of monies, if any, transferred to the state university of
New York from the dormitory facilities revenue fund in the prior state
university fiscal year; (iii) a list of any increase in rents, fees and
other charges that relate to dormitory facilities per campus to
students; (iv) a summary of all costs associated with the construction,
reconstruction, rehabilitation, improvement, equipping, furnishing,
repair, maintenance and operations of dormitory facilities that the
dormitory authority funded with dormitory facilities revenues and the
proceeds of dormitory facility revenue bonds; (v) a summary and justi-
fication of dormitory authority administrative expenses and costs
incurred related to the dormitory facilities revenue fund; (vi) the
issuance amounts, debt service costs and savings, if any, of all state
university of New York dormitory bonds issued prior to April first, two
thousand thirteen and refinanced by the dormitory authority with dormi-
tory facility revenue bonds; (vii) total amount of debt service payments
made per year on dormitory facility revenue bonds; and (viii) an esti-
mated date when the dormitory authority will reach the [nine hundred
forty-four million dollar] cap on dormitory facility revenue bonds.
§ 48. Paragraphs b and f of subdivision 3 of section 9 of section 1 of
chapter 359 of the laws of 1968 constituting the facilities development
corporation act, paragraph b as amended by chapter 236 of the laws of
2005 and paragraph f as amended by chapter 58 of the laws of 1987, are
amended and a new paragraph g is added to read as follows:
b. All monies of the corporation received or accepted pursuant to
paragraph a of this subdivision, other than appropriations and advances
from the state and except as otherwise authorized or provided in this
section, shall be paid to the commissioner of taxation and finance as
agent of the corporation, who shall not commingle such monies with any
other monies. Such monies shall be deposited in two or more separate
bank accounts. One of such accounts, to which shall be credited (i) all
payments made on or after January 1, 1964, for the care, maintenance and
treatment of patients in every mental hygiene facility, other than a
community mental health and retardation facility, (ii) all payments made
to the corporation as rentals, lease payments, permit fees or otherwise
under any lease, sublease or agreement undertaken with respect to a
community mental health and retardation facility or a current or former
mental hygiene facility, (iii) all payments made to the corporation for
the purchase of real property held by the corporation for the use of the
department, other than payments derived from New York state medical care
facilities finance agency financing or refinancing of the design,
construction, acquisition, reconstruction, rehabilitation, improvement
or renovation of state operated mental hygiene facilities, (iv) all
income from investments and (v) all monies received or to be received
for the purposes of such account on a recurring basis, shall be denomi-
nated the "mental hygiene facilities improvement fund income account".
The monies in any account shall be paid out on checks signed by the
commissioner of taxation and finance on requisition of the chairman of
S. 1505--A 48 A. 2005--A
the corporation or of such other officer or employee or officers or
employees as the corporation shall authorize to make such requisition.
All deposits of such money shall, if required by the commissioner of
taxation and finance or the directors of the corporation, be secured by
obligations of the United States or of the state of a market value equal
at all times to the amount of the deposit and all banks and trust compa-
nies are authorized to give such security for such deposits. Any moneys
of the corporation not required for immediate use or disbursement may,
at the discretion of the corporation, be invested by the commissioner of
taxation and finance in accordance with the provisions of section 98-a
of the state finance law. [When the corporation is no longer required to
make any rental payments under any lease, sublease or agreement entered
into with the state housing finance agency in effect as of the effective
date of this amendment to this paragraph, all monies received or
accepted pursuant to paragraph a of this subdivision, other than appro-
priations and advances from the state and except as otherwise authorized
or provided in this section, shall be deposited into the mental health
services fund established by section 97-f of the state finance law. Any
monies remaining in the mental hygiene facilities improvement fund
income account and in any rental reserve account created pursuant to
paragraph c of subdivision 4 of this section, when such lease, sublease
or agreement is no longer in effect shall be deposited in the mental
health services fund.] THE MENTAL HYGIENE FACILITIES IMPROVEMENT FUND
AND THE INCOME ACCOUNT THEREIN SHALL REMAIN IN EXISTENCE UNTIL TERMI-
NATED BY THE CORPORATION BY WRITTEN NOTICE TO THE COMMISSIONER OF TAXA-
TION AND FINANCE. ANY MONEYS ON DEPOSIT IN THE MENTAL HYGIENE FACILITIES
IMPROVEMENT FUND OR THE INCOME ACCOUNT THEREIN UPON THE TERMINATION OF
SAID FUND AND ACCOUNT SHALL BE TRANSFERRED BY THE COMMISSIONER OF TAXA-
TION AND FINANCE TO THE MENTAL HEALTH SERVICES FUND. THE CORPORATION
SHALL NOT TERMINATE THE MENTAL HYGIENE FACILITIES IMPROVEMENT FUND AND
THE INCOME ACCOUNT THEREIN UNTIL ALL MENTAL HEALTH SERVICES FACILITIES
BONDS ISSUED PURSUANT TO: (I) THE NEW YORK STATE MEDICAL CARE FACILITIES
FINANCE AGENCY ACT; (II) ARTICLE FIVE-C OF THE STATE FINANCE LAW; AND
(III) ARTICLE FIVE-F OF THE STATE FINANCE LAW AND PAYABLE FROM THE
INCOME ACCOUNT AS DESCRIBED IN PARAGRAPH G OF THIS SUBDIVISION ARE NO
LONGER OUTSTANDING.
f. The directors of the corporation shall from time to time, but in no
event later than the fifteenth day of each month pay over to the commis-
sioner of taxation and finance and the state comptroller for deposit in
the mental health services fund, all monies of the corporation in excess
of the aggregate amount of money required to be maintained on deposit in
the mental hygiene facilities improvement fund income account pursuant
to [paragraph] PARAGRAPHS e AND G of this subdivision. Prior to making
any such payment, the chairman of the corporation shall, on behalf of
the directors, make and deliver to the governor and the director of the
budget his certificate stating the aggregate amount to be maintained on
deposit in the mental hygiene facilities improvement fund income account
to comply in full with the provisions of [paragraph e] PARAGRAPHS E AND
G of this subdivision.
G. (1) IN ADDITION TO THE AMOUNT REQUIRED TO BE MAINTAINED BY PARA-
GRAPH E OF THIS SUBDIVISION, THERE SHALL BE ACCUMULATED AND SET ASIDE IN
EACH MONTH IN THE MENTAL HYGIENE FACILITIES IMPROVEMENT FUND INCOME
ACCOUNT, ALL RECEIPTS ASSOCIATED WITH LOANS, LEASES AND OTHER AGREEMENTS
WITH VOLUNTARY AGENCIES. THE CORPORATION SHALL PROVIDE THE AMOUNT OF
SUCH RECEIPTS TO BE SET ASIDE TO THE COMMISSIONER OF TAXATION AND
FINANCE IN EACH MONTH. (2) NO LATER THAN FIVE DAYS PRIOR TO THE EARLIER
S. 1505--A 49 A. 2005--A
OF WHEN PAYMENT IS TO BE MADE ON BONDS ISSUED FOR MENTAL HEALTH SERVICES
FACILITIES PURPOSES PURSUANT TO: (I) THE NEW YORK STATE MEDICAL CARE
FACILITIES FINANCE AGENCY ACT; (II) ARTICLE FIVE-C OF THE STATE FINANCE
LAW; AND (III) ARTICLE FIVE-F OF THE STATE FINANCE LAW, SUCH SET-ASIDE
RECEIPTS SHALL BE TRANSFERRED BY THE COMMISSIONER OF TAXATION AND
FINANCE AS AGENT OF THE CORPORATION FROM THE MENTAL HYGIENE FACILITIES
IMPROVEMENT FUND INCOME ACCOUNT IN THE AMOUNTS SET FORTH IN SCHEDULES
PROVIDED BY THE CORPORATION TO THE COMMISSIONER OF TAXATION AND FINANCE
IN THE FOLLOWING PRIORITY: FIRST, TO THE TRUSTEE APPOINTED BY THE NEW
YORK STATE MEDICAL CARE FACILITIES FINANCE AGENCY FOR THE BONDS ISSUED
PURSUANT TO THE NEW YORK STATE MEDICAL CARE FACILITIES FINANCE AGENCY
ACT FOR BOTH VOLUNTARY AGENCY AND STATE PURPOSES TO PAY DEBT SERVICE AND
OTHER CASH REQUIREMENTS DUE ON SUCH BONDS ON THE RELEVANT PAYMENT DATE,
SECOND, ANY REMAINING AMOUNT OF SUCH SET-ASIDE RECEIPTS TO THE TRUSTEE
APPOINTED BY AUTHORIZED ISSUERS FOR THE BONDS ISSUED PURSUANT TO ARTICLE
FIVE-C OF THE STATE FINANCE LAW TO PAY DEBT SERVICE AND OTHER CASH
REQUIREMENTS DUE ON SUCH BONDS ON THE RELEVANT PAYMENT DATE AND THIRD,
ANY REMAINING AMOUNT OF SUCH SET-ASIDE TO THE TRUSTEE APPOINTED BY
AUTHORIZED ISSUERS FOR THE BONDS ISSUED PURSUANT TO ARTICLE FIVE-F OF
THE STATE FINANCE LAW TO PAY DEBT SERVICE AND OTHER CASH REQUIREMENTS
DUE ON SUCH BONDS ON THE RELEVANT PAYMENT DATE.
§ 49. Subdivisions 5 and 8 of section 97-f of the state finance law,
subdivision 5 as amended by section 15 of part BBB of chapter 59 of the
laws of 2018 and subdivision 8 as amended by section 59 of part HH of
chapter 57 of the laws of 2013, are amended and a new subdivision 9 is
added to read as follows:
5. The comptroller shall from time to time, but in no event later than
the fifteenth day of each month, pay over for deposit in the mental
hygiene general fund state operations account all moneys in the mental
health services fund in excess of the amount of money required to be
maintained on deposit in the mental health services fund. [The] SUBJECT
TO SUBDIVISION NINE OF THIS SECTION, THE amount required to be main-
tained in such fund shall be (i) twenty percent of the amount of the
next payment coming due relating to the mental health services facili-
ties improvement program under any agreement between the facilities
development corporation and the New York state medical care facilities
finance agency multiplied by the number of months from the date of the
last such payment with respect to payments under any such agreement
required to be made semi-annually, plus (ii) those amounts specified in
any such agreement with respect to payments required to be made other
than semi-annually, including for variable rate bonds, interest rate
exchange or similar agreements or other financing arrangements permitted
by law. [Prior to making any such payment, the comptroller shall make
and deliver to the director of the budget and the chairmen of the facil-
ities development corporation and the New York state medical care facil-
ities finance agency, a certificate stating the aggregate amount to be
maintained on deposit in the mental health services fund to comply in
full with the provisions of this subdivision.] CONCURRENTLY WITH THE
MAKING OF ANY SUCH PAYMENT, THE FACILITIES DEVELOPMENT CORPORATION SHALL
DELIVER TO THE COMPTROLLER, THE DIRECTOR OF THE BUDGET AND THE NEW YORK
STATE MEDICAL CARE FACILITIES FINANCE AGENCY A CERTIFICATE STATING THE
AGGREGATE AMOUNT TO BE MAINTAINED ON DEPOSIT IN THE MENTAL HEALTH
SERVICES FUND TO COMPLY IN FULL WITH THE PROVISIONS OF THIS SUBDIVISION.
8. In addition to the amounts required to be maintained on deposit in
the mental health services fund pursuant to subdivision five of this
section AND SUBJECT TO SUBDIVISION NINE OF THIS SECTION, the fund shall
S. 1505--A 50 A. 2005--A
maintain on deposit an amount equal to the debt service and other cash
requirements on mental health services facilities bonds issued by
authorized issuers pursuant to sections sixty-eight-b and sixty-nine-n
of this chapter. The amount required to be maintained in such fund shall
be (i) twenty percent of the amount of the next payment coming due
relating to mental health services facilities bonds issued by an author-
ized issuer multiplied by the number of months from the date of the last
such payment with respect to payments required to be made semi-annually,
plus (ii) those amounts specified in any financing agreement between the
issuer and the state, acting through the director of the budget, with
respect to payments required to be made other than semi-annually,
including for variable rate bonds, interest rate exchange or similar
agreements or other financing arrangements permitted by law. [Prior to
making any such payment, the comptroller shall make and deliver to the
director of the budget and the chairmen of the facilities development
corporation and the New York state medical care facilities finance agen-
cy, a certificate stating the aggregate amount to be maintained on
deposit in the mental health services fund to comply in full with the
provisions of this subdivision.] CONCURRENTLY WITH THE MAKING OF ANY
SUCH PAYMENT, THE FACILITIES DEVELOPMENT CORPORATION SHALL DELIVER TO
THE COMPTROLLER, THE DIRECTOR OF THE BUDGET AND THE NEW YORK STATE
MEDICAL CARE FACILITIES FINANCE AGENCY A CERTIFICATE STATING THE AGGRE-
GATE AMOUNT TO BE MAINTAINED ON DEPOSIT IN THE MENTAL HEALTH SERVICES
FUND TO COMPLY IN FULL WITH THE PROVISIONS OF THIS SUBDIVISION.
No later than five days prior to the payment to be made by the state
comptroller on such mental health services facilities bonds pursuant to
sections ninety-two-z and ninety-two-h of this article, the amount of
such payment shall be transferred by the state comptroller from the
mental health services fund to the revenue bond tax fund established by
section ninety-two-z of this article AND THE SALES TAX REVENUE BOND FUND
ESTABLISHED BY SECTION NINETY-TWO-H OF THIS ARTICLE. The accumulation of
moneys pursuant to this subdivision and subsequent transfer to the
revenue bond tax fund AND THE SALES TAX REVENUE BOND FUND shall be
subordinate in all respects to payments to be made to the New York state
medical care facilities finance agency and to any pledge or assignment
pursuant to subdivision six of this section.
9. IN DETERMINING THE AMOUNTS REQUIRED TO BE MAINTAINED IN THE MENTAL
HEALTH SERVICES FUND UNDER SUBDIVISIONS FIVE AND EIGHT OF THIS SECTION
IN EACH MONTH, THE AMOUNT OF RECEIPTS ASSOCIATED WITH LOANS, LEASES AND
OTHER AGREEMENTS WITH VOLUNTARY AGENCIES ACCUMULATED AND SET ASIDE IN
THE MENTAL HYGIENE FACILITIES IMPROVEMENT FUND INCOME ACCOUNT UNDER
PARAGRAPH G OF SUBDIVISION THREE OF SECTION NINE OF THE FACILITIES
DEVELOPMENT CORPORATION ACT SHALL BE TAKEN INTO ACCOUNT AS A CREDIT BUT
ONLY IF SUCH CREDITING DOES NOT RESULT IN THE AMOUNTS REQUIRED TO BE
MAINTAINED IN THE MENTAL HEALTH SERVICES FUND EXCLUSIVE OF ANY CREDIT TO
BE LESS THAN THE AMOUNT REQUIRED UNDER SUBDIVISION FIVE OF THIS SECTION
IN EACH MONTH.
§ 49-a. State finance law is amended by adding a new Article 3-A, to
be known as the Fiscal Accountability and Budget Balance Act, to read as
follow:
§ 28. Legislative intent.
This legislation is being advanced to ensure the fiscal discipline of
the State's Executive Budget process by requiring that legislation
passed outside of the State's Executive Budget process adequately takes
into account the impact of such bills and makes clear prescriptions
regarding the spending to be offset to maintain budget balance. The
S. 1505--A 51 A. 2005--A
initial offset recommendations by the Legislature to the Executive are
an integral part of the process of adjusting the Enacted Budget as
appropriate; however, this bill requires the Budget Director to deter-
mine the estimated fiscal impact of any such legislation passed, as well
as the associated plans to offset such spending effectuated by the
legislation. Instead, this legislation is intended to preserve the
rights of the Legislature to advance legislation, and the role of the
Executive to maintain budget balance.
§ 29. Definitions.
1. The following terms shall have the following meanings when used in
this chapter.
(a) "Fiscal impact" shall mean any estimated increase in estimated
disbursements and/or estimated decrease in estimated receipts in
relation to the baseline estimates of the enacted budget financial plan.
(b) "Baseline estimates of the enacted budget financial plan" shall
mean the estimates included in a respective year's enacted budget finan-
cial plan submitted in accordance with section 23 of the state finance
law.
(c) "Dual sponsorship" shall mean identical "same as" bills introduced
in both the New York State Senate and the Assembly.
(d) "Regular session" shall mean session days as published by the
Legislature annually in the New York State Legislative Session calendar,
including, but not limited to any end of regular session extensions.
(e) "Aid to localities appropriation bill" shall mean the aid to
localities appropriation bill submitted by the governor and enacted by
the legislature in accordance with article VII of the New York State
constitution.
§ 30. Bills with fiscal impacts.
1. The speaker of the assembly and the temporary president of the
senate shall include a fiscal note and an initial fiscal accountability
plan with each bill which the speaker of the assembly and the temporary
president of the senate determine may have a fiscal impact on baseline
estimates of the enacted budget financial plan for the current or imme-
diately following state fiscal year. Provided however that neither the
fiscal note nor the initial fiscal accountability plan required by this
section shall be required for bills submitted by the Governor to Legis-
lature pursuant to Article VII of the New York State Constitution nor to
any bill for which the Governor submits a message certifying to the
necessity of the immediate passage of such a bill or vote thereon. The
speaker of the assembly and the temporary president of the senate shall
ensure that fiscal notes and initial fiscal accountability plans
required by this section remain posted online for the fiscal year in
which the bill is introduced and the immediately following fiscal year.
2. A fiscal note required by subdivision one of this section shall, at
a minimum, clearly state the fiscal impact which would result from the
passage of the subject bill.
3. Any initial fiscal accountability plan required by subdivision one
of this section shall, at a minimum:
(a) clearly state the fiscal impact which would result from the
passage of the subject bill;
(b) describe the methodology by which such fiscal impact was calcu-
lated;
(c) clearly summarize and describe the specific estimated disbursement
reductions and/or estimated receipt increases to the baseline estimates
in the enacted budget financial plan that have been identified to fully
offset the fiscal impact of the associated bill; and
S. 1505--A 52 A. 2005--A
(d) give due consideration to the inherent risk in economic and fore-
casting and the interest of the state to maintain budget balance
throughout the fiscal year.
4. Disbursement reductions and receipt increases identified in para-
graph (c) of subdivision 3 of this section:
(a) may include reductions to appropriation authority and concomitant
cash disbursements set forth in a current year aid to localities appro-
priation bill, but shall not include reductions to appropriation author-
ity set forth in any other appropriation bill submitted by the governor
and enacted by the legislature pursuant to Article VII of the New York
state constitution nor to any other bill containing an appropriation for
which the Governor submits a message certifying to the necessity of the
immediate passage of such a bill or vote thereon;
(c) shall not include the deferral of payments or use of non-recurring
resources to offset recurring costs, re-estimates to entitlement-based
programs that require legislative amendments unless such amendments have
been enacted; and
(d) shall not include (i) reductions to appropriations or payments
which the budget director determines are public assistance payments for
families and individuals and payments for eligible aged, blind and disa-
bled persons related to supplemental social security; (ii) any
reductions that the budget director determines would violate federal
law; (iii) reductions to payments of debt service and related expenses
for which the budget director determines the state is constitutionally
obligated to pay debt service or is contractually obligated to pay debt
service, subject to an appropriation, including where the state has a
contingent contractual obligation; and (iv) reductions to payments the
budget director determines the state is obligated to make pursuant to
court orders or judgments as determined by the budget director.
§ 31. Executive Fiscal Note.
1. As soon as practicable, but in no event no later than 10 days
following passage of a bill by both houses of the Legislature, the Budg-
et Director shall submit to the Legislature an Executive Fiscal Note on
any bill which has dual sponsorship and which the Budget Director deter-
mines may reasonably have a fiscal impact of $1 million or more on the
baseline estimates of the enacted budget financial plan. Provided howev-
er, that the Executive Fiscal note required by this section shall not be
required for any bill submitted by the Governor to Legislature pursuant
to Art. VII of the State Constitution nor to any bill for which the
Governor submits a message certifying to the necessity of the immediate
passage of such a bill or vote thereon.
2. An Executive Fiscal Note prepared in accordance with this section
shall, at a minimum:
(a) clearly state the fiscal impact which would result from the
passage of the subject bill;
(b) describe the methodology by which such fiscal impact was calcu-
lated; and
(c) give due consideration to the inherent risk in economic and fore-
casting and the interest of the state to maintain budget balance
§ 32. Final Fiscal Accountability Plan.
1. No later than 15 days following the Budget Director's submission of
an Executive Fiscal Note in accordance with section 31 of this chapter,
the speaker of the assembly and the temporary president of the senate
shall jointly transmit a Final fiscal accountability Plan to the budget
director. Provided however, that the final fiscal accountability plan
required by this section shall not be required for any bill submitted by
S. 1505--A 53 A. 2005--A
the Governor to Legislature pursuant to Article VII of the State Consti-
tution nor to any bill for which the Governor submits a message certify-
ing to the necessity of the immediate passage of such a bill or vote
thereon.
2. A final fiscal accountability plan prepared in accordance with this
section shall, at a minimum, summarize and describe the specific esti-
mated disbursement reductions and/or estimated receipt increases to the
baseline estimates of the enacted budget financial plan that have been
identified to fully offset the fiscal impact of the associated bill.
3. Disbursement reductions and receipt increases identified in subdi-
vision 2 of this section:
(a) may include reductions to appropriation authority and concomitant
cash disbursements set forth in a current year aid to localities appro-
priation bill, but shall not include reductions to appropriation author-
ity set forth in any other appropriation bill submitted by the governor
and enacted by the legislature pursuant to Article VII of the New York
State constitution nor to any other bill containing an appropriation for
which the Governor submits a message certifying to the necessity of the
immediate passage of such a bill or vote thereon;
(b) shall not include the deferral of payments or use of non-recurring
resources to offset recurring costs, re-estimates to entitlement-based
programs that require legislative amendments unless such amendments have
been enacted; and
(c) shall not include (i) reductions to appropriations or payments
which the budget director determines are public assistance payments for
families and individuals and payments for eligible aged, blind and disa-
bled persons related to supplemental social security; (ii) any
reductions that the budget director determines would violate federal
law; (iii) reductions to payments of debt service and related expenses
for which the budget director determines the state is constitutionally
obligated to pay debt service or is contractually obligated to pay debt
service, subject to an appropriation, including where the state has a
contingent contractual obligation; and (iv) reductions to payments the
budget director determines the state is obligated to make pursuant to
court orders or judgments.
§ 33. Comprehensive legislative impact plan.
1. No later than 30 days following the end of each regular session,
the Budget Director shall submit to the speaker of the assembly, the
temporary president of the senate, and the office of the state comp-
troller a comprehensive legislative impact plan.
2. A comprehensive legislative impact plan shall include, at a mini-
mum:
(a) the total fiscal impact of every bill passed by both houses of the
Legislature with a fiscal impact equal to $1 million or more as well as
any other bills passed by both houses of the Legislature which the Budg-
et director determines in the aggregate have a fiscal impact of $10
million or more other than those bills submitted by the Governor to
Legislature pursuant to Art. VII of the State Constitution or any bills
for which the Governor submits a message certifying to the necessity of
the immediate passage of such a bill or vote thereon;
(b) an itemized list indicating the budget director's final determi-
nation as to whether the final fiscal accountability plans submitted for
every bill which has passed both houses of the Legislature are suffi-
cient or insufficient to offset the fiscal impact of such bill;
(c) for every instance where a final fiscal accountability plan
submitted for a given bill is determined by the budget director to be
S. 1505--A 54 A. 2005--A
insufficient to offset the fiscal impact of the respective bill, an
explanation of such determination;
(d) a fiscal accountability total, which shall be equal to the value
of all final fiscal accountability plans determined by the budget direc-
tor to be sufficient to offset the fiscal impact of such plans' respec-
tive bills in accordance with paragraph (b) of this section;
(e) a total reduction amount, which shall be equal to the difference
between the total fiscal impact described in paragraph (a) of this
subdivision and the fiscal accountability total set forth in paragraph
(d) of this section; and
(f) a uniform reduction amount, which shall be the percentage by which
all special state revenue and general fund aid to localities appropri-
ations and concomitant cash disbursements, except those aid to locali-
ties appropriations and concomitant cash disbursements identified in
subdivision three of this section, necessary to offset current fiscal
year expenditures in an amount equal to the total reduction amount.
3. Reductions to current year aid to localities appropriations pursu-
ant to paragraph (f) of subdivision 2 of this section shall not include:
(a) reductions to appropriations or payments which the budget director
determines are public assistance payments for families and individuals
and payments for eligible aged, blind and disabled persons related to
supplemental social security; (b) any reductions that the budget direc-
tor determines would violate federal law; (c) reductions to payments of
debt service and related expenses for which the budget director deter-
mines the state is constitutionally obligated to pay debt service or is
contractually obligated to pay debt service, subject to an appropri-
ation, including where the state has a contingent contractual obli-
gation; and (d) reductions to payments the budget director determines
the state is obligated to make pursuant to court orders or judgments.
4. The final fiscal accountability plans included in the fiscal
accountability total set forth in paragraph (d) of subdivision 2 of this
section and the uniform reduction amount set forth in paragraph (f) of
subdivision 2 of this section shall take effect upon the filing of a
certification by the budget director including his or her approval of
such final fiscal accountability plans with the speaker of the assembly,
the temporary president of the senate, and the office of the state comp-
troller, provided however that such certification must be filed no later
than 15 days from the date on which the budget director submits the
comprehensive legislative impact plan in accordance with this section,
and subsequently within 15 days from the date on which the budget direc-
tor determines adjustments the total reduction amount and the uniform
reduction amount set forth in paragraphs (e) and (f) of subdivision 2 of
this section are necessary in accordance with subdivision 5 of this
section.
5. The Budget Director shall adjust the total reduction amount and the
uniform reduction amount set forth in paragraphs (e) and (f) of subdivi-
sion 2 of this section as appropriate upon final action of the governor
on the associated bills in accordance with article IV of the New York
state constitution. Additionally, the Budget Director shall adjust the
total reduction amount and the uniform reduction amount set forth in
paragraphs (e) and (f) of subdivision 2 of this section to account for
any bills passed by both houses of the legislature after the regular
session and before January 1 of the immediately following fiscal year in
the event that the final fiscal accountability plans required for such
post-regular session bills are deemed by the Budget Director to be
insufficient to offset the fiscal impact of such bills. Such adjust-
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ments may, in the budget director's discretion, include the restoration
of state special revenue fund and general fund aid to localities appro-
priations reduced pursuant to the total reduction amount and the uniform
reduction amount set forth in paragraphs (e) and (f) of subdivision 2 of
this section.
6. To the extent any individual or entity is entitled to any cash
disbursement authorized by any state special revenue or general fund
appropriation contained within a current year aid to localities appro-
priation bill, such entitlement shall be deemed reduced commensurate any
reductions set forth in a final fiscal accountability plan included in
the fiscal accountability total set forth in paragraph (d) of subdivi-
sion 2 of this section and the uniform reduction amount set forth in
paragraph (f) of subdivision 2 of this section.
§ 50. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2019; provided,
however, that the provisions of sections one, one-a, one-b, two, three,
four, five, six, seven, eight, thirteen, fourteen, fifteen, sixteen,
seventeen, eighteen, nineteen, twenty, twenty-two, twenty-three, and
twenty-four of this act shall expire March 31, 2020 when upon such date
the provisions of such sections shall be deemed repealed.
PART L
Section 1. Section 4 of chapter 22 of the laws of 2014, relating to
expanding opportunities for service-disabled veteran-owned business
enterprises, is amended to read as follows:
§ 4. This act shall take effect immediately; provided, however, that
sections one, one-a and two of this act shall expire and be deemed
repealed March 31, [2019] 2024; and provided, further, however, that the
amendments to subdivisions 7 and 15 of section 310 of the executive law
made by section three of this act shall not affect the expiration of
such section and shall be deemed to expire therewith.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2019.
PART M
Section 1. Subdivision 2 of section 87 of the workers' compensation
law, as added by section 20 of part GG of chapter 57 of the laws of
2013, is amended to read as follows:
2. Any of the surplus funds belonging to the state insurance fund, by
order of the commissioners, approved by the superintendent of financial
services, may be invested (1) in the types of securities described in
subdivisions one, two, three, four, five, six, eleven, twelve, twelve-a,
thirteen, fourteen, fifteen, nineteen, twenty, twenty-one, twenty-one-a,
twenty-four, twenty-four-a, twenty-four-b, twenty-four-c and twenty-five
of section two hundred thirty-five of the banking law , OR (2) IN THE
TYPES OF OBLIGATIONS DESCRIBED IN PARAGRAPH TWO OF SUBSECTION (A) OF
SECTION ONE THOUSAND FOUR HUNDRED FOUR OF THE INSURANCE LAW EXCEPT THAT
UP TO TWENTY-FIVE PERCENT OF SURPLUS FUNDS MAY BE INVESTED IN OBLI-
GATIONS RATED INVESTMENT GRADE BY A NATIONALLY RECOGNIZED SECURITIES
RATING ORGANIZATION, or[,] (3) up to fifty percent of surplus funds, in
the types of securities or investments described in paragraphs [two,]
three, eight and ten of subsection (a) of section one thousand four
hundred four of the insurance law, except that [up to ten percent of
surplus funds may be invested] INVESTMENTS in [the securities of any
S. 1505--A 56 A. 2005--A
solvent American institution as described in such paragraphs] DIVERSI-
FIED INDEX FUNDS AND ACCOUNTS MAY BE MADE irrespective of the rating [of
such institution's obligations] or other similar qualitative standards
[described therein, and] APPLICABLE UNDER SUCH PARAGRAPHS, OR (4) UP TO
TEN PERCENT OF SURPLUS FUNDS, IN THE TYPES OF SECURITIES OR INVESTMENTS
DESCRIBED IN PARAGRAPHS TWO, THREE AND TEN OF SUBSECTION (A) OF SECTION
ONE THOUSAND FOUR HUNDRED FOUR OF THE INSURANCE LAW IRRESPECTIVE OF THE
RATING OF SUCH INSTITUTION'S OBLIGATIONS OR OTHER SIMILAR QUALITATIVE
STANDARD, OR (5) up to fifteen percent of surplus funds in securities or
investments which do not otherwise qualify for investment under this
section as shall be made with the care, prudence and diligence under the
circumstances then prevailing that a prudent person acting in a like
capacity and familiar with such matters would use in the conduct of an
enterprise of a like character and with like aims as provided for the
state insurance fund under this article, but shall not include any
direct derivative instrument or derivative transaction except for hedg-
ing purposes. Notwithstanding any other provision in this subdivision,
the aggregate amount that the state insurance fund may invest in the
types of securities or investments described in paragraphs three, eight
and ten of subsection (a) of section one thousand four hundred four of
the insurance law and as a prudent person acting in a like capacity
would invest as provided in this subdivision shall not exceed fifty
percent of such surplus funds. FOR THE PURPOSES OF THIS SUBDIVISION, ANY
FUNDS APPROPRIATED PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OR TWO
OF SECTION EIGHTY-SEVEN-F OF THIS ARTICLE SHALL NOT BE CONSIDERED
SURPLUS FUNDS.
§ 2. This act shall take effect immediately.
PART N
Section 1. Paragraph (a) of subdivision 5 of section 54 of the work-
ers' compensation law, as amended by chapter 469 of the laws of 2017, is
amended to read as follows:
(a) Cancellation and termination of insurance contracts. No contract
of insurance issued by an insurance carrier against liability arising
under this chapter shall be cancelled within the time limited in such
contract for its expiration unless notice is given as required by this
section. When cancellation is due to non-payment of premiums and assess-
ments, such cancellation shall not be effective until at least ten days
after a notice of cancellation of such contract, on a date specified in
such notice, shall be filed in the office of the chair and also served
on the employer. When cancellation is due to any reason other than non-
payment of premiums and assessments, such cancellation shall not be
effective until at least thirty days after a notice of cancellation of
such contract, on a date specified in such notice, shall be filed in the
office of the chair and also served on the employer; provided, however,
in either case, that if the employer has secured insurance with another
insurance carrier which becomes effective prior to the expiration of the
time stated in such notice, the cancellation shall be effective as of
the date of such other coverage. No insurer shall refuse to renew any
policy insuring against liability arising under this chapter unless at
least thirty days prior to its expiration notice of intention not to
renew has been filed in the office of the chair and also served on the
employer.
Such notice shall be served on the employer by delivering it to him,
her or it or by sending it by mail, by certified or registered letter,
S. 1505--A 57 A. 2005--A
return receipt requested, addressed to the employer at his, her or its
last known place of business; provided that, if the employer be a part-
nership, then such notice may be so given to any of one of the partners,
and if the employer be a corporation then the notice may be given to any
agent or officer of the corporation upon whom legal process may be
served; and further provided that an employer may designate any person
or entity at any address to receive such notice including the desig-
nation of one person or entity to receive notice on behalf of multiple
entities insured under one insurance policy and that service of notice
at the address so designated upon the person or entity so designated by
delivery or by mail, by certified or registered letter, return receipt
requested, shall satisfy the notice requirement of this section.
[Provided, however, the] THE right to cancellation of a policy of insur-
ance in the state INSURANCE fund, HOWEVER, shall be exercised only for
non-payment of premiums and assessments, OR FAILURE BY THE EMPLOYER TO
COOPERATE WITH A PAYROLL AUDIT, or as provided in section ninety-four of
this chapter. THE STATE INSURANCE FUND MAY CANCEL A POLICY FOR THE
EMPLOYER'S FAILURE TO COOPERATE WITH A PAYROLL AUDIT IF THE EMPLOYER
FAILS (I) EITHER TO MAKE OR KEEP AN APPOINTMENT DURING REGULAR BUSINESS
HOURS WITH A PAYROLL AUDITOR, AFTER THE STATE INSURANCE FUND HAS MADE AT
LEAST TWO ATTEMPTS TO ARRANGE AN APPOINTMENT INCLUDING CONTACTING THE
EMPLOYER'S BROKER OR ACCOUNTANT, IF ANY, OR (II) TO FURNISH BUSINESS
RECORDS IN THE COURSE OF A PAYROLL AUDIT AS REQUIRED PURSUANT TO
SECTIONS NINETY-FIVE AND ONE HUNDRED THIRTY-ONE OF THIS CHAPTER. AT
LEAST FIFTEEN DAYS IN ADVANCE OF SENDING A NOTICE OF CANCELLATION FOR
FAILURE TO COOPERATE WITH A PAYROLL AUDIT, THE STATE INSURANCE FUND
SHALL SEND A WARNING NOTICE TO THE EMPLOYER IN THE SAME MANNER AS
PROVIDED IN THIS SUBDIVISION FOR SERVING A NOTICE OF CANCELLATION. SUCH
NOTICE SHALL SPECIFY A MEANS OF CONTACTING THE SATE INSURANCE FUND TO
SET UP AN AUDIT APPOINTMENT. THE STATE INSURANCE FUND WILL BE REQUIRED
TO PROVIDE ONLY ONE SUCH WARNING NOTICE TO AN EMPLOYER RELATED TO ANY
PARTICULAR PAYROLL AUDIT PRIOR TO CANCELLATION.
The provisions of this subdivision shall not apply with respect to
policies containing coverage pursuant to subsection (j) of section three
thousand four hundred twenty of the insurance law relating to every
policy providing comprehensive personal liability insurance on a one,
two, three or four family owner-occupied dwelling.
In the event such cancellation or termination notice is not filed with
the chair within the required time period, the chair shall impose a
penalty in the amount of up to five hundred dollars for each ten-day
period the insurance carrier or state insurance fund failed to file the
notification. All penalties collected pursuant to this subdivision shall
be deposited in the uninsured employers' fund.
§ 2. Section 93 of the workers' compensation law, as amended by
section 24 of part GG of chapter 57 of the laws of 2013, is amended to
read as follows:
§ 93. Collection of premium in case of default. a. If a policyholder
shall default in any payment required to be made by [him] SUCH POLICY-
HOLDER to the state insurance fund OR SHALL FAIL TO COOPERATE WITH A
PAYROLL AUDIT AS SPECIFIED IN SUBDIVISION FIVE OF SECTION FIFTY-FOUR OF
THIS CHAPTER, after due notice, [his] SUCH POLICYHOLDER'S insurance in
the state INSURANCE fund may be cancelled and the amount due from [him]
SUCH POLICYHOLDER shall be collected by civil action brought against
[him] SUCH POLICYHOLDER in any county wherein the state insurance fund
maintains an office in the name of the commissioners of the state insur-
ance fund and the same, when collected, shall be paid into the state
S. 1505--A 58 A. 2005--A
insurance fund, and such policyholder's compliance with the provisions
of this chapter requiring payments to be made to the state insurance
fund shall date from the time of the payment of said money to the state
insurance fund.
b. An employer, whose policy of insurance has been cancelled by the
state insurance fund for non-payment of premium, OR FAILURE TO COOPERATE
WITH A PAYROLL AUDIT, and assessments or [withdraws] CANCELLED pursuant
to section ninety-four of this article, is ineligible to contract for a
subsequent policy of insurance with the state insurance fund [while]
UNTIL THE STATE INSURANCE FUND RECEIVES FULL COOPERATION FROM SUCH
EMPLOYER IN COMPLETING ANY PAYROLL AUDIT ON THE CANCELLED POLICY AND the
billed premium on the cancelled policy [remains uncollected] IS PAID,
INCLUDING ANY ADDITIONAL AMOUNTS BILLED FOLLOWING THE COMPLETION OF ANY
PAYROLL AUDIT.
c. The state insurance fund shall not be required to write a policy of
insurance for any employer which is owned or controlled or the majority
interest of which is owned or controlled, directly or indirectly, by any
person who directly or indirectly owns or controls or owned or
controlled at the time of cancellation an employer whose former policy
of insurance with the state insurance fund was cancelled for non-payment
of premium [and assessments], OR FOR FAILURE TO COOPERATE WITH A PAYROLL
AUDIT, or [withdraws] CANCELLED pursuant to section ninety-four of this
article, or who is or was at the time of cancellation the president,
vice-president, secretary or treasurer of such an employer until THE
STATE INSURANCE FUND RECEIVES FULL COOPERATION FROM SUCH EMPLOYER IN
COMPLETING ANY PAYROLL AUDIT AND the billed premium on the cancelled
policy is paid, INCLUDING ANY ADDITIONAL AMOUNTS BILLED FOLLOWING THE
COMPLETION OF ANY PAYROLL AUDIT.
For purposes of this subdivision, "person" [shall include individuals,
partnerships, corporations, and other associations] MEANS ANY INDIVID-
UAL, FIRM, COMPANY, PARTNERSHIP, CORPORATION, LIMITED LIABILITY COMPANY,
JOINT VENTURE, JOINT-STOCK ASSOCIATION, ASSOCIATION, TRUST OR ANY OTHER
LEGAL ENTITY WHATSOEVER.
D. FOR THE PURPOSES OF THIS SECTION, THE WORD "PREMIUM" INCLUDES ALL
AMOUNTS REQUIRED TO BE PAID TO THE STATE INSURANCE FUND INCLUDING ANY
ASSESSMENT BY THE WORKERS' COMPENSATION BOARD THAT THE STATE INSURANCE
FUND BILLS TO AN EMPLOYER.
§ 3. Section 95 of the workers' compensation law, as amended by chap-
ter 135 of the laws of 1998, is amended to read as follows:
§ 95. Record and audit of payrolls. (1) Every employer who is insured
in the state insurance fund shall keep a true and accurate record of the
number of [his] ITS employees, THE CLASSIFICATION OF ITS EMPLOYEES,
INFORMATION REGARDING EMPLOYEE ACCIDENTS and the wages paid by [him]
SUCH EMPLOYER, AS WELL AS SUCH RECORDS RELATING TO ANY PERSON PERFORMING
SERVICES UNDER A SUBCONTRACT WITH SUCH EMPLOYER WHO IS NOT COVERED UNDER
THE SUBCONTRACTOR'S OWN WORKERS' COMPENSATION INSURANCE POLICY, and
shall furnish, upon demand, a sworn statement of the same. Such record
AND ANY OTHER RECORDS OF AN EMPLOYER CONTAINING SUCH INFORMATION
PERTAINING TO ANY POLICY PERIOD INCLUDING, BUT NOT LIMITED TO, ANY
PAYROLL BOOK, PAYROLL AND DISTRIBUTION RECORDS, CASH BOOK, CHECK BOOK,
BANK ACCOUNT STATEMENTS, COMMISSION RECORDS, LEDGERS, JOURNALS, REGIS-
TERS, VOUCHERS, CONTRACTS, TAX RETURNS AND REPORTS, AND COMPUTER
PROGRAMS FOR RETRIEVING DATA, CERTIFICATES OF INSURANCE PERTAINING TO
SUBCONTRACTORS AND ANY OTHER BUSINESS RECORDS SPECIFIED BY THE RULES OF
THE BOARD shall be open to inspection BY THE STATE INSURANCE FUND at any
time and as often as may be necessary to verify the number of employees
S. 1505--A 59 A. 2005--A
[and], the amount of the payroll, THE CLASSIFICATION OF EMPLOYEES AND
INFORMATION REGARDING EMPLOYEE ACCIDENTS. Any employer who shall fail
to keep [such] ANY record REQUIRED IN THIS SECTION, who shall willfully
fail to furnish such record or who shall willfully falsify any such
record[,] shall be guilty of a misdemeanor AND SUBJECT TO A FINE OF NOT
LESS THAN FIVE THOUSAND DOLLARS NOR MORE THAN TEN THOUSAND DOLLARS IN
ADDITION TO ANY OTHER PENALTIES OTHERWISE PROVIDED BY LAW, EXCEPT THAT
ANY SUCH EMPLOYER THAT HAS PREVIOUSLY BEEN SUBJECT TO CRIMINAL PENALTIES
UNDER THIS SECTION WITHIN THE PRIOR TEN YEARS SHALL BE GUILTY OF A CLASS
E FELONY, AND SUBJECT TO A FINE OF NOT LESS THAN TEN THOUSAND DOLLARS
NOR MORE THAN TWENTY-FIVE THOUSAND DOLLARS IN ADDITION TO ANY PENALTIES
OTHERWISE PROVIDED BY LAW.
(2) Employers subject to [subdivision] SUBSECTION (e) of section two
thousand three hundred four of the insurance law and subdivision two of
section eighty-nine of this article shall keep a true and accurate
record of hours worked for all construction classification employees.
The willful failure to keep such record, or the knowing falsification of
any such record, may be prosecuted as insurance fraud in accordance with
the provisions of section 176.05 of the penal law.
§ 4. Subdivision 1 of section 131 of the workers' compensation law, as
amended by chapter 6 of the laws of 2007, is amended to read as follows:
(1) Every employer subject to the provisions of this chapter shall
keep a true and accurate record of the number of [his or her] ITS
employees, the classification of ITS employees, information regarding
employee accidents and the wages paid by [him or her] SUCH EMPLOYER for
a period of four years after each entry therein, [which] AS WELL AS SUCH
RECORDS RELATING TO ANY PERSON PERFORMING SERVICES UNDER A SUBCONTRACT
OF SUCH EMPLOYER THAT IS NOT COVERED UNDER THE SUBCONTRACTOR'S OWN WORK-
ERS' COMPENSATION INSURANCE POLICY. SUCH records shall be open to
inspection at any time, and as often as may be necessary to verify the
same by investigators of the board, by the authorized auditors, account-
ants or inspectors of the carrier with whom the employer is insured, or
by the authorized auditors, accountants or inspectors of any workers'
compensation insurance rating board or bureau operating under the
authority of the insurance law and of which board or bureau such carrier
is a member or the group trust of which the employer is a member. Any
and all records required by law to be kept by such employer upon which
the employer makes or files a return concerning wages paid to employees
AND ANY OTHER RECORDS OF AN EMPLOYER CONTAINING SUCH INFORMATION
PERTAINING TO ANY POLICY PERIOD INCLUDING, BUT NOT LIMITED TO, ANY
PAYROLL BOOK, PAYROLL AND DISTRIBUTION RECORDS, CASH BOOK, CHECK BOOK,
BANK ACCOUNT STATEMENTS, COMMISSION RECORDS, LEDGERS, JOURNALS, REGIS-
TERS, VOUCHERS, CONTRACTS, TAX RETURNS AND REPORTS, AND COMPUTER
PROGRAMS FOR RETRIEVING DATA, CERTIFICATES OF INSURANCE PERTAINING TO
SUBCONTRACTORS AND ANY OTHER BUSINESS RECORDS SPECIFIED BY THE RULES OF
THE BOARD shall form part of the records described in this section and
shall be open to inspection in the same manner as provided in this
section. Any employer who shall fail to keep such records, who shall
willfully fail to furnish such record as required in this section or who
shall falsify any such records, shall be guilty of a misdemeanor and
subject to a fine of not less than five nor more than ten thousand
dollars in addition to any other penalties otherwise provided by law,
except that any such employer that has previously been subject to crimi-
nal penalties under this section within the prior ten years shall be
guilty of a class E felony, and subject to a fine of not less than ten
S. 1505--A 60 A. 2005--A
nor more than twenty-five thousand dollars in addition to any penalties
otherwise provided by law.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law and shall be applicable to policies issued or renewed
after such date.
PART O
Section 1. Section 2 of chapter 887 of the laws of 1983, amending the
correction law relating to the psychological testing of candidates, as
amended by section 1 of part A of chapter 55 of the laws of 2017, is
amended to read as follows:
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall remain in effect until September 1,
[2019] 2021.
§ 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
tive law and the criminal procedure law relating to expanding the
geographic area of employment of certain police officers, as amended by
section 2 of part A of chapter 55 of the laws of 2017, is amended to
read as follows:
§ 3. This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law, and shall
remain in effect until the first day of September, [2019] 2021, when it
shall expire and be deemed repealed.
§ 3. Section 3 of chapter 886 of the laws of 1972, amending the
correction law and the penal law relating to prisoner furloughs in
certain cases and the crime of absconding therefrom, as amended by
section 3 of part A of chapter 55 of the laws of 2017, is amended to
read as follows:
§ 3. This act shall take effect 60 days after it shall have become a
law and shall remain in effect until September 1, [2019] 2021.
§ 4. Section 20 of chapter 261 of the laws of 1987, amending chapters
50, 53 and 54 of the laws of 1987, the correction law, the penal law and
other chapters and laws relating to correctional facilities, as amended
by section 4 of part A of chapter 55 of the laws of 2017, is amended to
read as follows:
§ 20. This act shall take effect immediately except that section thir-
teen of this act shall expire and be of no further force or effect on
and after September 1, [2019] 2021 and shall not apply to persons
committed to the custody of the department after such date, and provided
further that the commissioner of corrections and community supervision
shall report each January first and July first during such time as the
earned eligibility program is in effect, to the chairmen of the senate
crime victims, crime and correction committee, the senate codes commit-
tee, the assembly correction committee, and the assembly codes commit-
tee, the standards in effect for earned eligibility during the prior
six-month period, the number of inmates subject to the provisions of
earned eligibility, the number who actually received certificates of
earned eligibility during that period of time, the number of inmates
with certificates who are granted parole upon their first consideration
for parole, the number with certificates who are denied parole upon
their first consideration, and the number of individuals granted and
denied parole who did not have earned eligibility certificates.
§ 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
amending the tax law and other laws relating to taxes, surcharges, fees
S. 1505--A 61 A. 2005--A
and funding, as amended by section 5 of part A of chapter 55 of the laws
of 2017, is amended to read as follows:
(q) the provisions of section two hundred eighty-four of this act
shall remain in effect until September 1, [2019] 2021 and be applicable
to all persons entering the program on or before August 31, [2019] 2021.
§ 6. Section 10 of chapter 339 of the laws of 1972, amending the
correction law and the penal law relating to inmate work release,
furlough and leave, as amended by section 6 of part A of chapter 55 of
the laws of 2017, is amended to read as follows:
§ 10. This act shall take effect 30 days after it shall have become a
law and shall remain in effect until September 1, [2019] 2021, and
provided further that the commissioner of correctional services shall
report each January first, and July first, to the chairman of the senate
crime victims, crime and correction committee, the senate codes commit-
tee, the assembly correction committee, and the assembly codes commit-
tee, the number of eligible inmates in each facility under the custody
and control of the commissioner who have applied for participation in
any program offered under the provisions of work release, furlough, or
leave, and the number of such inmates who have been approved for partic-
ipation.
§ 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994
relating to certain provisions which impact upon expenditure of certain
appropriations made by chapter 50 of the laws of 1994 enacting the state
operations budget, as amended by section 7 of part A of chapter 55 of
the laws of 2017, is amended to read as follows:
(c) sections forty-one and forty-two of this act shall expire Septem-
ber 1, [2019] 2021; provided, that the provisions of section forty-two
of this act shall apply to inmates entering the work release program on
or after such effective date; and
§ 8. Subdivision h of section 74 of chapter 3 of the laws of 1995,
amending the correction law and other laws relating to the incarceration
fee, as amended by section 8 of part A of chapter 55 of the laws of
2017, is amended to read as follows:
h. Section fifty-two of this act shall be deemed to have been in full
force and effect on and after April 1, 1995; provided, however, that the
provisions of section 189 of the correction law, as amended by section
fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
as amended by section fifty-six of this act, and section fifty-seven of
this act shall expire September 1, [2019] 2021, when upon such date the
amendments to the correction law and penal law made by sections fifty-
five and fifty-six of this act shall revert to and be read as if the
provisions of this act had not been enacted; provided, however, that
sections sixty-two, sixty-three and sixty-four of this act shall be
deemed to have been in full force and effect on and after March 1, 1995
and shall be deemed repealed April 1, 1996 and upon such date the
provisions of subsection (e) of section 9110 of the insurance law and
subdivision 2 of section 89-d of the state finance law shall revert to
and be read as set out in law on the date immediately preceding the
effective date of sections sixty-two and sixty-three of this act;
§ 9. Subdivision (c) of section 49 of subpart A of part C of chapter
62 of the laws of 2011 amending the correction law and the executive law
relating to merging the department of correctional services and division
of parole into the department of corrections and community supervision,
as amended by section 9 of part A of chapter 55 of the laws of 2017, is
amended to read as follows:
S. 1505--A 62 A. 2005--A
(c) that the amendments to subdivision 9 of section 201 of the
correction law as added by section thirty-two of this act shall remain
in effect until September 1, [2019] 2021, when it shall expire and be
deemed repealed;
§ 10. Subdivision (aa) of section 427 of chapter 55 of the laws of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees and funding, as amended by section 10 of part A of chapter 55 of
the laws of 2017, is amended to read as follows:
(aa) the provisions of sections three hundred eighty-two, three
hundred eighty-three and three hundred eighty-four of this act shall
expire on September 1, [2019] 2021;
§ 11. Section 12 of chapter 907 of the laws of 1984, amending the
correction law, the New York city criminal court act and the executive
law relating to prison and jail housing and alternatives to detention
and incarceration programs, as amended by section 11 of part A of chap-
ter 55 of the laws of 2017, is amended to read as follows:
§ 12. This act shall take effect immediately, except that the
provisions of sections one through ten of this act shall remain in full
force and effect until September 1, [2019] 2020 on which date those
provisions shall be deemed to be repealed.
§ 12. Subdivision (p) of section 406 of chapter 166 of the laws of
1991, amending the tax law and other laws relating to taxes, as amended
by section 12 of part A of chapter 55 of the laws of 2017, is amended to
read as follows:
(p) The amendments to section 1809 of the vehicle and traffic law made
by sections three hundred thirty-seven and three hundred thirty-eight of
this act shall not apply to any offense committed prior to such effec-
tive date; provided, further, that section three hundred forty-one of
this act shall take effect immediately and shall expire November 1, 1993
at which time it shall be deemed repealed; sections three hundred
forty-five and three hundred forty-six of this act shall take effect
July 1, 1991; sections three hundred fifty-five, three hundred fifty-
six, three hundred fifty-seven and three hundred fifty-nine of this act
shall take effect immediately and shall expire June 30, 1995 and shall
revert to and be read as if this act had not been enacted; section three
hundred fifty-eight of this act shall take effect immediately and shall
expire June 30, 1998 and shall revert to and be read as if this act had
not been enacted; section three hundred sixty-four through three hundred
sixty-seven of this act shall apply to claims filed on or after such
effective date; sections three hundred sixty-nine, three hundred seven-
ty-two, three hundred seventy-three, three hundred seventy-four, three
hundred seventy-five and three hundred seventy-six of this act shall
remain in effect until September 1, [2019] 2021, at which time they
shall be deemed repealed; provided, however, that the mandatory
surcharge provided in section three hundred seventy-four of this act
shall apply to parking violations occurring on or after said effective
date; and provided further that the amendments made to section 235 of
the vehicle and traffic law by section three hundred seventy-two of this
act, the amendments made to section 1809 of the vehicle and traffic law
by sections three hundred thirty-seven and three hundred thirty-eight of
this act and the amendments made to section 215-a of the labor law by
section three hundred seventy-five of this act shall expire on September
1, [2019] 2021 and upon such date the provisions of such subdivisions
and sections shall revert to and be read as if the provisions of this
act had not been enacted; the amendments to subdivisions 2 and 3 of
section 400.05 of the penal law made by sections three hundred seventy-
S. 1505--A 63 A. 2005--A
seven and three hundred seventy-eight of this act shall expire on July
1, 1992 and upon such date the provisions of such subdivisions shall
revert and shall be read as if the provisions of this act had not been
enacted; the state board of law examiners shall take such action as is
necessary to assure that all applicants for examination for admission to
practice as an attorney and counsellor at law shall pay the increased
examination fee provided for by the amendment made to section 465 of the
judiciary law by section three hundred eighty of this act for any exam-
ination given on or after the effective date of this act notwithstanding
that an applicant for such examination may have prepaid a lesser fee for
such examination as required by the provisions of such section 465 as of
the date prior to the effective date of this act; the provisions of
section 306-a of the civil practice law and rules as added by section
three hundred eighty-one of this act shall apply to all actions pending
on or commenced on or after September 1, 1991, provided, however, that
for the purposes of this section service of such summons made prior to
such date shall be deemed to have been completed on September 1, 1991;
the provisions of section three hundred eighty-three of this act shall
apply to all money deposited in connection with a cash bail or a
partially secured bail bond on or after such effective date; and the
provisions of sections three hundred eighty-four and three hundred
eighty-five of this act shall apply only to jury service commenced
during a judicial term beginning on or after the effective date of this
act; provided, however, that nothing contained herein shall be deemed to
affect the application, qualification, expiration or repeal of any
provision of law amended by any section of this act and such provisions
shall be applied or qualified or shall expire or be deemed repealed in
the same manner, to the same extent and on the same date as the case may
be as otherwise provided by law;
§ 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
amended by section 13 of part A of chapter 55 of the laws of 2017, is
amended to read as follows:
8. The provisions of this section shall only apply to offenses commit-
ted on or before September first, two thousand [nineteen] TWENTY-ONE.
§ 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
cle and traffic law relating to the ignition interlock device program,
as amended by section 14 of part A of chapter 55 of the laws of 2017, is
amended to read as follows:
§ 6. This act shall take effect on the first day of April next
succeeding the date on which it shall have become a law; provided,
however, that effective immediately, the addition, amendment or repeal
of any rule or regulation necessary for the implementation of the fore-
going sections of this act on their effective date is authorized and
directed to be made and completed on or before such effective date and
shall remain in full force and effect until the first day of September,
[2019] 2021 when upon such date the provisions of this act shall be
deemed repealed.
§ 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
laws of 1997, amending the military law and other laws relating to vari-
ous provisions, as amended by section 15 of part A of chapter 55 of the
laws of 2017, is amended to read as follows:
a. sections forty-three through forty-five of this act shall expire
and be deemed repealed on September 1, [2019] 2021;
§ 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
the civil practice law and rules and the court of claims act relating to
S. 1505--A 64 A. 2005--A
prisoner litigation reform, as amended by section 16 of part A of chap-
ter 55 of the laws of 2017, is amended to read as follows:
§ 4. This act shall take effect 120 days after it shall have become a
law and shall remain in full force and effect until September 1, [2019]
2021, when upon such date it shall expire.
§ 17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
constituting the family protection and domestic violence intervention
act of 1994, as amended by section 17 of part A of chapter 55 of the
laws of 2017, is amended to read as follows:
2. Subdivision 4 of section 140.10 of the criminal procedure law as
added by section thirty-two of this act shall take effect January 1,
1996 and shall expire and be deemed repealed on September 1, [2019]
2021.
§ 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
inal procedure law relating to the use of closed-circuit television and
other protective measures for certain child witnesses, as amended by
section 18 of part A of chapter 55 of the laws of 2017, is amended to
read as follows:
§ 5. This act shall take effect immediately and shall apply to all
criminal actions and proceedings commenced prior to the effective date
of this act but still pending on such date as well as all criminal
actions and proceedings commenced on or after such effective date and
its provisions shall expire on September 1, [2019] 2021, when upon such
date the provisions of this act shall be deemed repealed.
§ 19. Subdivision d of section 74 of chapter 3 of the laws of 1995,
enacting the sentencing reform act of 1995, as amended by section 19 of
part A of chapter 55 of the laws of 2017, is amended to read as follows:
d. Sections one-a through twenty, twenty-four through twenty-eight,
thirty through thirty-nine, forty-two and forty-four of this act shall
be deemed repealed on September 1, [2019] 2021;
§ 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
nal procedure law relating to electronic court appearance in certain
counties, as amended by section 20 of part A of chapter 55 of the laws
of 2017, is amended to read as follows:
§ 2. This act shall take effect immediately, except that the
provisions of this act shall be deemed to have been in full force and
effect since July 1, 1992 and the provisions of this act shall expire
September 1, [2019] 2021 when upon such date the provisions of this act
shall be deemed repealed.
§ 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
utive law relating to enacting the interstate compact for adult offender
supervision, as amended by section 21 of part A of chapter 55 of the
laws of 2017, is amended to read as follows:
§ 3. This act shall take effect immediately, except that section one
of this act shall take effect on the first of January next succeeding
the date on which it shall have become a law, and shall remain in effect
until the first of September, [2019] 2021, upon which date this act
shall be deemed repealed and have no further force and effect; provided
that section one of this act shall only take effect with respect to any
compacting state which has enacted an interstate compact entitled
"Interstate compact for adult offender supervision" and having an iden-
tical effect to that added by section one of this act and provided
further that with respect to any such compacting state, upon the effec-
tive date of section one of this act, section 259-m of the executive law
is hereby deemed REPEALED and section 259-mm of the executive law, as
added by section one of this act, shall take effect; and provided
S. 1505--A 65 A. 2005--A
further that with respect to any state which has not enacted an inter-
state compact entitled "Interstate compact for adult offender super-
vision" and having an identical effect to that added by section one of
this act, section 259-m of the executive law shall take effect and the
provisions of section one of this act, with respect to any such state,
shall have no force or effect until such time as such state shall adopt
an interstate compact entitled "Interstate compact for adult offender
supervision" and having an identical effect to that added by section one
of this act in which case, with respect to such state, effective imme-
diately, section 259-m of the executive law is deemed repealed and
section 259-mm of the executive law, as added by section one of this
act, shall take effect.
§ 22. Section 8 of part H of chapter 56 of the laws of 2009, amending
the correction law relating to limiting the closing of certain correc-
tional facilities, providing for the custody by the department of
correctional services of inmates serving definite sentences, providing
for custody of federal prisoners and requiring the closing of certain
correctional facilities, as amended by section 22 of part A of chapter
55 of the laws of 2017, is amended to read as follows:
§ 8. This act shall take effect immediately; provided, however that
sections five and six of this act shall expire and be deemed repealed
September 1, [2019] 2021.
§ 23. Section 3 of part C of chapter 152 of the laws of 2001 amending
the military law relating to military funds of the organized militia, as
amended by section 3 of part O of chapter 55 of the laws of 2018, is
amended to read as follows:
§ 3. This act shall take effect immediately; provided however that the
amendments made to subdivision 1 of section 221 of the military law by
section two of this act shall expire and be deemed repealed September 1,
[2019] 2021.
§ 24. Section 5 of chapter 554 of the laws of 1986, amending the
correction law and the penal law relating to providing for community
treatment facilities and establishing the crime of absconding from the
community treatment facility, as amended by section 24 of part A of
chapter 55 of the laws of 2017, is amended to read as follows:
§ 5. This act shall take effect immediately and shall remain in full
force and effect until September 1, [2019] 2021, and provided further
that the commissioner of correctional services shall report each January
first and July first during such time as this legislation is in effect,
to the chairmen of the senate crime victims, crime and correction
committee, the senate codes committee, the assembly correction commit-
tee, and the assembly codes committee, the number of individuals who are
released to community treatment facilities during the previous six-month
period, including the total number for each date at each facility who
are not residing within the facility, but who are required to report to
the facility on a daily or less frequent basis.
§ 25. Section 2 of part F of chapter 55 of the laws of 2018, amending
the criminal procedure law relating to pre-criminal proceeding settle-
ments in the city of New York, is amended to read as follows:
§ 2. This act shall take effect immediately and shall remain in full
force and effect until March 31, [2019] 2021, when it shall expire and
be deemed repealed.
§ 26. This act shall take effect immediately, provided however that
section twenty-five of this act shall be deemed to have been in full
force and effect on and after March 31, 2019.
S. 1505--A 66 A. 2005--A
PART P
Section 1. Paragraph (f) of subdivision 3 of section 30.10 of the
criminal procedure law, as separately amended by chapters 3 and 320 of
the laws of 2006, is amended to read as follows:
(f) For purposes of a prosecution involving a sexual offense as
defined in article one hundred thirty of the penal law, other than a
sexual offense delineated in paragraph (a) of subdivision two of this
section, committed against a child less than eighteen years of age,
incest in the first, second or third degree as defined in sections
255.27, 255.26 and 255.25 of the penal law committed against a child
less than eighteen years of age, or use of a child in a sexual perform-
ance as defined in section 263.05 of the penal law, the period of limi-
tation shall not begin to run until the child has reached the age of
[eighteen] TWENTY-THREE or the offense is reported to a law enforcement
agency or statewide central register of child abuse and maltreatment,
whichever occurs earlier.
§ 2. The opening paragraph of section 208 of the civil practice law
and rules is designated subdivision (a) and a new subdivision (b) is
added to read as follows:
(B) NOTWITHSTANDING ANY PROVISION OF LAW WHICH IMPOSES A PERIOD OF
LIMITATION TO THE CONTRARY, WITH RESPECT TO ALL CIVIL CLAIMS OR CAUSES
OF ACTION BROUGHT BY ANY PERSON FOR PHYSICAL, PSYCHOLOGICAL OR OTHER
INJURY OR CONDITION SUFFERED BY SUCH PERSON AS A RESULT OF CONDUCT WHICH
WOULD CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED
THIRTY OF THE PENAL LAW COMMITTED AGAINST SUCH PERSON WHO WAS LESS THAN
EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR
255.25 OF THE PENAL LAW COMMITTED AGAINST SUCH PERSON WHO WAS LESS THAN
EIGHTEEN YEARS OF AGE, OR THE USE OF SUCH PERSON IN A SEXUAL PERFORMANCE
AS DEFINED IN SECTION 263.05 OF THE PENAL LAW, OR A PREDECESSOR STATUTE
THAT PROHIBITED SUCH CONDUCT AT THE TIME OF THE ACT, WHICH CONDUCT WAS
COMMITTED AGAINST SUCH PERSON WHO WAS LESS THAN EIGHTEEN YEARS OF AGE,
SUCH ACTION MAY BE COMMENCED, AGAINST ANY PARTY WHOSE INTENTIONAL OR
NEGLIGENT ACTS OR OMISSIONS ARE ALLEGED TO HAVE RESULTED IN THE COMMIS-
SION OF SAID CONDUCT, ON OR BEFORE THE PLAINTIFF OR INFANT PLAINTIFF
REACHES THE AGE OF FIFTY YEARS. IN ANY SUCH CLAIM OR ACTION, IN ADDITION
TO ANY OTHER DEFENSE AND AFFIRMATIVE DEFENSE THAT MAY BE AVAILABLE IN
ACCORDANCE WITH LAW, RULE OR THE COMMON LAW, TO THE EXTENT THAT THE ACTS
ALLEGED IN SUCH ACTION ARE OF THE TYPE DESCRIBED IN SUBDIVISION ONE OF
SECTION 130.30 OF THE PENAL LAW OR SUBDIVISION ONE OF SECTION 130.45 OF
THE PENAL LAW, THE AFFIRMATIVE DEFENSES SET FORTH, RESPECTIVELY, IN THE
CLOSING PARAGRAPH OF SUCH SECTION OF THE PENAL LAW SHALL APPLY.
§ 3. The civil practice law and rules is amended by adding a new
section 214-g to read as follows:
§ 214-G. CERTAIN CHILD SEXUAL ABUSE CASES. NOTWITHSTANDING ANY
PROVISION OF LAW WHICH IMPOSES A PERIOD OF LIMITATION TO THE CONTRARY,
EVERY CIVIL CLAIM OR CAUSE OF ACTION BROUGHT AGAINST ANY PARTY ALLEGING
INTENTIONAL OR NEGLIGENT ACTS OR OMISSIONS BY A PERSON FOR PHYSICAL,
PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF
CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE
ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN
EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR
255.25 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED
IN SECTION 263.05 OF THE PENAL LAW, OR A PREDECESSOR STATUTE THAT
PROHIBITED SUCH CONDUCT AT THE TIME OF THE ACT, WHICH CONDUCT WAS
S. 1505--A 67 A. 2005--A
COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, WHICH IS
BARRED AS OF THE EFFECTIVE DATE OF THIS SECTION BECAUSE THE APPLICABLE
PERIOD OF LIMITATION HAS EXPIRED IS HEREBY REVIVED, AND ACTION THEREON
MAY BE COMMENCED NOT EARLIER THAN SIX MONTHS AFTER, AND NOT LATER THAN
ONE YEAR AND SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION. IN ANY
SUCH CLAIM OR ACTION, IN ADDITION TO ANY OTHER DEFENSE AND AFFIRMATIVE
DEFENSE THAT MAY BE AVAILABLE IN ACCORDANCE WITH LAW, RULE OR THE COMMON
LAW, TO THE EXTENT THAT THE ACTS ALLEGED IN SUCH ACTION ARE OF THE TYPE
DESCRIBED IN SUBDIVISION ONE OF SECTION 130.30 OF THE PENAL LAW OR
SUBDIVISION ONE OF SECTION 130.45 OF THE PENAL LAW, THE AFFIRMATIVE
DEFENSES SET FORTH, RESPECTIVELY, IN THE CLOSING PARAGRAPH OF SUCH
SECTION OF THE PENAL LAW SHALL APPLY.
§ 4. Subdivision (a) of rule 3403 of the civil practice law and rules
is amended by adding a new paragraph 7 to read as follows:
7. ANY ACTION WHICH HAS BEEN REVIVED PURSUANT TO SECTION TWO HUNDRED
FOURTEEN-G OF THIS CHAPTER.
§ 5. Subdivision 8 of section 50-e of the general municipal law, as
amended by chapter 24 of the laws of 1988, is amended to read as
follows:
8. Inapplicability of section. (A) This section shall not apply to
claims arising under the provisions of the workers' compensation law,
the volunteer firefighters' benefit law, or the volunteer ambulance
workers' benefit law or to claims against public corporations by their
own infant wards.
(B) THIS SECTION SHALL NOT APPLY TO ANY CLAIM MADE FOR PHYSICAL,
PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF
CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE
ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN
EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR
255.25 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED
IN SECTION 263.05 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN
EIGHTEEN YEARS OF AGE.
§ 6. Section 50-i of the general municipal law is amended by adding a
new subdivision 5 to read as follows:
5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
SHALL NOT APPLY TO ANY CLAIM MADE AGAINST A CITY, COUNTY, TOWN, VILLAGE,
FIRE DISTRICT OR SCHOOL DISTRICT FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER
INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT WHICH WOULD CONSTI-
TUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE
PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
INCEST AS DEFINED IN SECTION 255.27, 255.26 OR 255.25 OF THE PENAL LAW
COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF
A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE
PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
§ 7. Section 10 of the court of claims act is amended by adding a new
subdivision 10 to read as follows:
10. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
SHALL NOT APPLY TO ANY CLAIM TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOG-
ICAL, OR OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT WHICH
WOULD CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED
THIRTY OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
YEARS OF AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR 255.25 OF
THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
OR THE USE OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION
S. 1505--A 68 A. 2005--A
263.05 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
YEARS OF AGE.
§ 8. Subdivision 2 of section 3813 of the education law, as amended by
chapter 346 of the laws of 1978, is amended to read as follows:
2. Notwithstanding anything to the contrary hereinbefore contained in
this section, no action or special proceeding founded upon tort shall be
prosecuted or maintained against any of the parties named in this
section or against any teacher or member of the supervisory or adminis-
trative staff or employee where the alleged tort was committed by such
teacher or member or employee acting in the discharge of his duties
within the scope of his employment and/or under the direction of the
board of education, trustee or trustees, or governing body of the school
unless a notice of claim shall have been made and served in compliance
with section fifty-e of the general municipal law. Every such action
shall be commenced pursuant to the provisions of section fifty-i of the
general municipal law; PROVIDED, HOWEVER, THAT THIS SECTION SHALL NOT
APPLY TO ANY CLAIM TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOGICAL, OR
OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT WHICH WOULD
CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF
THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
INCEST AS DEFINED IN SECTION 255.27, 255.26 OR 255.25 OF THE PENAL LAW
COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF
A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE
PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
§ 9. Section 219-c of the judiciary law, as added by chapter 506 of
the laws of 2011, is amended to read as follows:
§ 219-c. Crimes involving sexual assault AND THE SEXUAL ABUSE OF
MINORS; judicial training. The office of court administration shall
provide training for judges and justices with respect to crimes involv-
ing sexual assault, AND THE SEXUAL ABUSE OF MINORS.
§ 10. The judiciary law is amended by adding a new section 219-d to
read as follows:
§ 219-D. RULES REVIVING CERTAIN ACTIONS; SEXUAL OFFENSES AGAINST CHIL-
DREN. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL PROMULGATE RULES FOR
THE TIMELY ADJUDICATION OF REVIVED ACTIONS BROUGHT PURSUANT TO SECTION
TWO HUNDRED FOURTEEN-G OF THE CIVIL PRACTICE LAW AND RULES.
§ 11. The provisions of this act shall be severable, and if any
clause, sentence, paragraph, subdivision or part of this act shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair, or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, para-
graph, subdivision or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
§ 12. This act shall take effect immediately; except that section nine
of this act shall take effect six months after this act shall have
become a law; provided, however, that training for cases brought pursu-
ant to section 214-g of the civil practice law and rules, as added by
section three of this act, shall commence three months after this act
shall have become a law; and section ten of this act shall take effect
three months after this act shall have become a law.
PART Q
Section 1. Paragraph (a) of subdivision 1 of section 125.25 of the
penal law, as amended by chapter 791 of the laws of 1967, is amended to
read as follows:
S. 1505--A 69 A. 2005--A
(a) The defendant acted under the influence of extreme emotional
disturbance for which there was a reasonable explanation or excuse, the
reasonableness of which is to be determined from the viewpoint of a
person in the defendant's situation under the circumstances as the
defendant believed them to be. FOR PURPOSES OF DETERMINING WHETHER THE
DEFENDANT ACTED UNDER THE INFLUENCE OF EXTREME EMOTIONAL DISTURBANCE,
THE EXPLANATION OR EXCUSE FOR SUCH EXTREME EMOTIONAL DISTURBANCE IS NOT
REASONABLE IF IT RESULTED FROM THE DISCOVERY OF, KNOWLEDGE ABOUT, OR
POTENTIAL DISCLOSURE OF THE VICTIM'S ACTUAL OR PERCEIVED GENDER, GENDER
IDENTITY, GENDER EXPRESSION, OR SEXUAL ORIENTATION. NOTHING IN THIS
PARAGRAPH SHALL PRECLUDE THE JURY FROM CONSIDERING ALL RELEVANT FACTS TO
DETERMINE THE DEFENDANT'S ACTUAL BELIEF. Nothing contained in this para-
graph shall constitute a defense to a prosecution for, or preclude a
conviction of, manslaughter in the first degree or any other crime; or
§ 2. This act shall take effect immediately.
PART R
Section 1. Section 60.42 of the criminal procedure law, as added by
chapter 230 of the laws of 1975 and subdivision 3 as amended by chapter
264 of the laws of 2003, is amended to read as follows:
§ 60.42 Rules of evidence; admissibility of evidence of victim's sexual
conduct in sex offense cases.
Evidence of a victim's sexual conduct shall not be admissible in a
prosecution for an offense or an attempt to commit an offense defined in
article one hundred thirty OR IN SECTION 230.34 of the penal law unless
such evidence:
1. proves or tends to prove specific instances of the victim's prior
sexual conduct with the accused; or
2. [proves or tends to prove that the victim has been convicted of an
offense under section 230.00 of the penal law within three years prior
to the sex offense which is the subject of the prosecution; or
3.] rebuts evidence introduced by the people of the victim's failure
to engage in sexual intercourse, oral sexual conduct, anal sexual
conduct or sexual contact during a given period of time; or
[4.] 3. rebuts evidence introduced by the people which proves or tends
to prove that the accused is the cause of pregnancy or disease of the
victim, or the source of semen found in the victim; or
[5.] 4. is determined by the court after an offer of proof by the
accused outside the hearing of the jury, or such hearing as the court
may require, and a statement by the court of its findings of fact essen-
tial to its determination, to be relevant and admissible in the inter-
ests of justice.
§ 2. This act shall take effect immediately.
PART S
Section 1. The penal law is amended by adding a new section 245.15 to
read as follows:
§ 245.15 UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE.
1. A PERSON IS GUILTY OF UNLAWFUL DISSEMINATION OR PUBLICATION OF AN
INTIMATE IMAGE WHEN:
(A) WITH INTENT TO CAUSE MATERIAL HARM TO THE EMOTIONAL, FINANCIAL OR
PHYSICAL WELFARE OF ANOTHER PERSON, HE OR SHE INTENTIONALLY DISSEMINATES
OR PUBLISHES A STILL OR VIDEO IMAGE OF SUCH OTHER PERSON, WHO IS IDEN-
TIFIABLE FROM THE STILL OR VIDEO IMAGE ITSELF OR FROM INFORMATION
S. 1505--A 70 A. 2005--A
DISPLAYED IN CONNECTION WITH THE STILL OR VIDEO IMAGE, WITHOUT SUCH
OTHER PERSON'S CONSENT, WHICH DEPICTS:
(I) AN UNCLOTHED OR EXPOSED INTIMATE PART OF SUCH OTHER PERSON; OR
(II) SUCH OTHER PERSON ENGAGING IN SEXUAL CONDUCT AS DEFINED IN SUBDI-
VISION TEN OF SECTION 130.00 OF THIS CHAPTER WITH ANOTHER PERSON; AND
(B) SUCH STILL OR VIDEO IMAGE WAS TAKEN UNDER CIRCUMSTANCES WHEN THE
PERSON DEPICTED HAD A REASONABLE EXPECTATION OF PRIVACY AND THE ACTOR
KNEW OR REASONABLY SHOULD HAVE KNOWN THE PERSON DEPICTED INTENDED FOR
THE STILL OR VIDEO IMAGE TO REMAIN PRIVATE INDEFINITELY, REGARDLESS OF
WHETHER THE ACTOR WAS PRESENT WHEN THE STILL OR VIDEO IMAGE WAS TAKEN.
2. FOR PURPOSES OF THIS SECTION "INTIMATE PART" MEANS THE NAKED GENI-
TALS, PUBIC AREA, ANUS OR FEMALE NIPPLE OF THE PERSON.
2-A. FOR PURPOSES OF THIS SECTION "DISSEMINATE" AND "PUBLISH" SHALL
HAVE THE SAME MEANING AS DEFINED IN SECTION 250.40 OF THIS TITLE.
3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
(A) THE REPORTING OF UNLAWFUL CONDUCT;
(B) DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE MADE DURING
LAWFUL AND COMMON PRACTICES OF LAW ENFORCEMENT, LEGAL PROCEEDINGS OR
MEDICAL TREATMENT;
(C) IMAGES INVOLVING VOLUNTARY EXPOSURE IN A COMMERCIAL SETTING;
(D) DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE MADE FOR A
LEGITIMATE PUBLIC PURPOSE;
(E) PROVIDERS OF AN INTERACTIVE COMPUTER SERVICE FOR IMAGES PROVIDED
BY ANOTHER PERSON. FOR PURPOSES OF THIS SUBDIVISION, "INTERACTIVE
COMPUTER SERVICE" SHALL MEAN: ANY INFORMATION SERVICE, SYSTEM OR ACCESS
SOFTWARE PROVIDER THAT PROVIDES OR ENABLES COMPUTER ACCESS BY MULTIPLE
USERS TO A COMPUTER SERVER, INCLUDING SPECIFICALLY A SERVICE OR SYSTEM
THAT PROVIDES ACCESS TO THE INTERNET AND SUCH SYSTEMS OPERATED OR
SERVICES OFFERED BY LIBRARIES OR EDUCATIONAL INSTITUTIONS.
UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE IS A CLASS
A MISDEMEANOR.
§ 2. The opening paragraph of subdivision 1 of section 530.11 of the
criminal procedure law, as amended by section 4 of part NN of chapter 55
of the laws of 2018, is amended to read as follows:
The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE
IMAGE, harassment in the first degree, harassment in the second degree,
aggravated harassment in the second degree, sexual misconduct, forcible
touching, sexual abuse in the third degree, sexual abuse in the second
degree as set forth in subdivision one of section 130.60 of the penal
law, stalking in the first degree, stalking in the second degree, stalk-
ing in the third degree, stalking in the fourth degree, criminal
mischief, menacing in the second degree, menacing in the third degree,
reckless endangerment, strangulation in the first degree, strangulation
in the second degree, criminal obstruction of breathing or blood circu-
lation, assault in the second degree, assault in the third degree, an
attempted assault, identity theft in the first degree, identity theft in
the second degree, identity theft in the third degree, grand larceny in
the fourth degree, grand larceny in the third degree, coercion in the
second degree or coercion in the third degree as set forth in subdivi-
sions one, two and three of section 135.60 of the penal law between
spouses or former spouses, or between parent and child or between
members of the same family or household except that if the respondent
would not be criminally responsible by reason of age pursuant to section
30.00 of the penal law, then the family court shall have exclusive
S. 1505--A 71 A. 2005--A
jurisdiction over such proceeding. Notwithstanding a complainant's
election to proceed in family court, the criminal court shall not be
divested of jurisdiction to hear a family offense proceeding pursuant to
this section. For purposes of this section, "disorderly conduct"
includes disorderly conduct not in a public place. For purposes of this
section, "members of the same family or household" with respect to a
proceeding in the criminal courts shall mean the following:
§ 3. The opening paragraph of subdivision 1 of section 812 of the
family court act, as amended by section 5 of part NN of chapter 55 of
the laws of 2018, is amended to read as follows:
The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE
IMAGE, harassment in the first degree, harassment in the second degree,
aggravated harassment in the second degree, sexual misconduct, forcible
touching, sexual abuse in the third degree, sexual abuse in the second
degree as set forth in subdivision one of section 130.60 of the penal
law, stalking in the first degree, stalking in the second degree, stalk-
ing in the third degree, stalking in the fourth degree, criminal
mischief, menacing in the second degree, menacing in the third degree,
reckless endangerment, criminal obstruction of breathing or blood circu-
lation, strangulation in the second degree, strangulation in the first
degree, assault in the second degree, assault in the third degree, an
attempted assault, identity theft in the first degree, identity theft in
the second degree, identity theft in the third degree, grand larceny in
the fourth degree, grand larceny in the third degree, coercion in the
second degree or coercion in the third degree as set forth in subdivi-
sions one, two and three of section 135.60 of the penal law between
spouses or former spouses, or between parent and child or between
members of the same family or household except that if the respondent
would not be criminally responsible by reason of age pursuant to section
30.00 of the penal law, then the family court shall have exclusive
jurisdiction over such proceeding. Notwithstanding a complainant's
election to proceed in family court, the criminal court shall not be
divested of jurisdiction to hear a family offense proceeding pursuant to
this section. In any proceeding pursuant to this article, a court shall
not deny an order of protection, or dismiss a petition, solely on the
basis that the acts or events alleged are not relatively contemporaneous
with the date of the petition, the conclusion of the fact-finding or the
conclusion of the dispositional hearing. For purposes of this article,
"disorderly conduct" includes disorderly conduct not in a public place.
For purposes of this article, "members of the same family or household"
shall mean the following:
§ 4. The civil rights law is amended by adding a new section 52-b to
read as follows:
§ 52-B. PRIVATE RIGHT OF ACTION FOR UNLAWFUL DISSEMINATION OR PUBLICA-
TION OF AN INTIMATE IMAGE. 1. A. ANY WEBSITE OR INTERNET SERVICE PROVID-
ER THAT HOSTS OR TRANSMITS A STILL OR VIDEO IMAGE, VIEWABLE IN THIS
STATE, TAKEN UNDER CIRCUMSTANCES WHERE THE PERSON DEPICTED HAD A REASON-
ABLE EXPECTATION OF PRIVACY, WHICH DEPICTS:
(I) AN UNCLOTHED OR EXPOSED INTIMATE PART, AS DEFINED IN SECTION
245.15 OF THE PENAL LAW, OF A RESIDENT OF THIS STATE; OR
(II) A RESIDENT OF THIS STATE ENGAGING IN SEXUAL CONDUCT AS DEFINED IN
SUBDIVISION TEN OF SECTION 130.00 OF THE PENAL LAW WITH ANOTHER PERSON;
AND
S. 1505--A 72 A. 2005--A
B. SUCH STILL OR VIDEO IMAGE IS HOSTED OR TRANSMITTED WITHOUT THE
CONSENT OF SUCH RESIDENT OF THIS STATE, SHALL BE SUBJECT TO PERSONAL
JURISDICTION IN A CIVIL ACTION IN THIS STATE TO THE MAXIMUM EXTENT
PERMITTED UNDER THE UNITED STATES CONSTITUTION AND FEDERAL LAW.
2. REGARDLESS OF WHETHER OR NOT THE ORIGINAL STILL OR VIDEO IMAGE WAS
CONSENSUALLY OBTAINED, A PERSON DEPICTED IN A STILL OR VIDEO IMAGE SHALL
HAVE A CAUSE OF ACTION AGAINST AN INDIVIDUAL WHO, FOR THE PURPOSE OF
HARASSING, ANNOYING OR ALARMING SUCH PERSON, DISSEMINATED OR PUBLISHED,
OR THREATENED TO DISSEMINATE OR PUBLISH, SUCH STILL OR VIDEO IMAGE,
WHERE SUCH IMAGE:
A. WAS TAKEN WHEN SUCH PERSON HAD A REASONABLE EXPECTATION OF PRIVACY;
AND
B. DEPICTS (I) AN UNCLOTHED OR EXPOSED INTIMATE PART OF SUCH PERSON;
OR (II) SUCH PERSON ENGAGING IN SEXUAL CONDUCT, AS DEFINED IN SUBDIVI-
SION TEN OF SECTION 130.00 OF THE PENAL LAW, WITH ANOTHER PERSON; AND
C. WAS DISSEMINATED OR PUBLISHED, OR THREATENED TO BE DISSEMINATED OR
PUBLISHED, WITHOUT THE CONSENT OF SUCH PERSON.
3. IN ANY ACTION COMMENCED PURSUANT TO SUBDIVISION TWO OF THIS
SECTION, THE FINDER OF FACT, IN ITS DISCRETION, MAY AWARD INJUNCTIVE
RELIEF, PUNITIVE DAMAGES, COMPENSATORY DAMAGES AND REASONABLE COURT
COSTS AND ATTORNEY'S FEES.
4. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
A. THE REPORTING OF UNLAWFUL CONDUCT;
B. DISSEMINATION OR PUBLICATION OF AN INTIMATE STILL OR VIDEO IMAGE
MADE DURING LAWFUL AND COMMON PRACTICES OF LAW ENFORCEMENT, LEGAL
PROCEEDINGS OR MEDICAL TREATMENT;
C. IMAGES INVOLVING VOLUNTARY EXPOSURE IN A COMMERCIAL SETTING; OR
D. DISSEMINATION OR PUBLICATION OF AN INTIMATE STILL OR VIDEO IMAGE
MADE FOR A LEGITIMATE PUBLIC PURPOSE.
5. ANY PERSON DEPICTED IN A STILL OR VIDEO IMAGE THAT DEPICTS AN
UNCLOTHED OR EXPOSED INTIMATE PART OF SUCH PERSON, OR SUCH PERSON ENGAG-
ING IN SEXUAL CONDUCT AS DEFINED IN SUBDIVISION TEN OF SECTION 130.00 OF
THE PENAL LAW WITH ANOTHER PERSON, WHICH IS DISSEMINATED OR PUBLISHED
WITHOUT THE CONSENT OF SUCH PERSON AND WHERE SUCH PERSON HAD A REASON-
ABLE EXPECTATION OF PRIVACY, MAY MAINTAIN AN ACTION OR SPECIAL PROCEED-
ING FOR A COURT ORDER TO REQUIRE ANY WEBSITE OR INTERNET SERVICE PROVID-
ER THAT IS SUBJECT TO PERSONAL JURISDICTION UNDER SUBDIVISION ONE OF
THIS SECTION TO PERMANENTLY REMOVE SUCH STILL OR VIDEO IMAGE.
6. A CAUSE OF ACTION OR SPECIAL PROCEEDING UNDER THIS SECTION SHALL BE
COMMENCED THE LATER OF EITHER:
A. THREE YEARS AFTER THE DISSEMINATION OR PUBLICATION OF AN IMAGE; OR
B. ONE YEAR FROM THE DATE A PERSON DISCOVERS, OR REASONABLY SHOULD
HAVE DISCOVERED, THE DISSEMINATION OR PUBLICATION OF SUCH IMAGE.
7. NOTHING HEREIN SHALL BE READ TO REQUIRE A PRIOR CRIMINAL COMPLAINT,
PROSECUTION OR CONVICTION TO ESTABLISH THE ELEMENTS OF THE CAUSE OF
ACTION PROVIDED FOR BY THIS SECTION.
8. THE PROVISIONS OF THIS SECTION ARE IN ADDITION TO, BUT SHALL NOT
SUPERSEDE, ANY OTHER RIGHTS OR REMEDIES AVAILABLE IN LAW OR EQUITY.
9. IF ANY PROVISION OF THIS SECTION OR ITS APPLICATION TO ANY PERSON
OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER
PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH CAN BE GIVEN EFFECT
WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE
PROVISIONS OF THIS SECTION ARE SEVERABLE.
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law.
S. 1505--A 73 A. 2005--A
PART T
Section 1. Paragraph (a) of subdivision 2 of section 30.10 of the
criminal procedure law, as amended by chapter 467 of the laws of 2008,
is amended to read as follows:
(a) A prosecution for a class A felony, or rape in the first degree as
defined in section 130.35 of the penal law, OR RAPE IN THE SECOND DEGREE
AS DEFINED IN SECTION 130.30 OF THE PENAL LAW, OR RAPE IN THE THIRD
DEGREE AS DEFINED IN SECTION 130.25 OF THE PENAL LAW, or a crime defined
or formerly defined in section 130.50 of the penal law, or aggravated
sexual abuse in the first degree as defined in section 130.70 of the
penal law, or course of sexual conduct against a child in the first
degree as defined in section 130.75 of the penal law may be commenced at
any time;
§ 2. This act shall take effect immediately.
PART U
Section 1. Section 60.12 of the penal law, as added by chapter 1 of
the laws of 1998, is amended to read as follows:
§ 60.12 Authorized disposition; alternative [indeterminate] sentence [of
imprisonment]; domestic violence cases.
1. Notwithstanding any other provision of law, where a court is impos-
ing sentence UPON A PERSON pursuant to section 70.00, 70.02 [upon a
conviction for an offense enumerated in subdivision one of such
section], 70.06 OR SUBDIVISION TWO OR THREE OF SECTION 70.71 OF THIS
TITLE, other than FOR an offense defined in [article one hundred thirty
of this chapter] SECTION 125.26, 125.27, SUBDIVISION FIVE OF SECTION
125.25, OR ARTICLE 490 OF THIS CHAPTER, OR FOR AN OFFENSE WHICH WOULD
REQUIRE SUCH PERSON TO REGISTER AS A SEX OFFENDER PURSUANT TO ARTICLE
SIX-C OF THE CORRECTION LAW, AN ATTEMPT OR CONSPIRACY TO COMMIT ANY SUCH
OFFENSE, and is authorized or required pursuant to [such section]
SECTIONS 70.00, 70.02, 70.06 OR SUBDIVISION TWO OR THREE OF SECTION
70.71 OF THIS TITLE to impose a [determinate] sentence of imprisonment
[for such offense], the court, upon a determination following a hearing
that (a) AT THE TIME OF THE INSTANT OFFENSE, the defendant was [the] A
victim of DOMESTIC VIOLENCE SUBJECTED TO SUBSTANTIAL physical, sexual or
psychological abuse [by the victim or intended victim of such offense,]
INFLICTED BY A MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE DEFENDANT
AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THE
CRIMINAL PROCEDURE LAW; (b) such abuse was a SIGNIFICANT CONTRIBUTING
factor [in causing the defendant to commit such offense and] TO THE
DEFENDANT'S CRIMINAL BEHAVIOR; (c) [the victim or intended victim of
such offense was a member of the same family or household as the defend-
ant as such term is defined in subdivision one of section 530.11 of the
criminal procedure law, may, in lieu of imposing such determinate
sentence of imprisonment, impose an indeterminate sentence of imprison-
ment in accordance with subdivisions two and three of this section.]
HAVING REGARD FOR THE NATURE AND CIRCUMSTANCES OF THE CRIME AND THE
HISTORY, CHARACTER AND CONDITION OF THE DEFENDANT, THAT A SENTENCE OF
IMPRISONMENT PURSUANT TO SECTION 70.00, 70.02 OR 70.06 OF THIS TITLE
WOULD BE UNDULY HARSH MAY INSTEAD IMPOSE A SENTENCE IN ACCORDANCE WITH
THIS SECTION.
A COURT MAY DETERMINE THAT SUCH ABUSE CONSTITUTES A SIGNIFICANT
CONTRIBUTING FACTOR PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION
REGARDLESS OF WHETHER THE DEFENDANT RAISED A DEFENSE PURSUANT TO ARTICLE
S. 1505--A 74 A. 2005--A
THIRTY-FIVE, ARTICLE FORTY, OR SUBDIVISION ONE OF SECTION 125.25 OF THIS
CHAPTER.
AT THE HEARING TO DETERMINE WHETHER THE DEFENDANT SHOULD BE SENTENCED
PURSUANT TO THIS SECTION, THE COURT SHALL CONSIDER ORAL AND WRITTEN
ARGUMENTS, TAKE TESTIMONY FROM WITNESSES OFFERED BY EITHER PARTY, AND
CONSIDER RELEVANT EVIDENCE TO ASSIST IN MAKING ITS DETERMINATION. RELI-
ABLE HEARSAY SHALL BE ADMISSIBLE AT SUCH HEARINGS.
2. [The maximum term of an indeterminate sentence imposed pursuant to
subdivision one of this section must be fixed by the court as follows:]
WHERE A COURT WOULD OTHERWISE BE REQUIRED TO IMPOSE A SENTENCE PURSUANT
TO SECTION 70.02 OF THIS TITLE, THE COURT MAY IMPOSE A DEFINITE SENTENCE
OF IMPRISONMENT OF ONE YEAR OR LESS, OR PROBATION IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 65.00 OF THIS TITLE, OR MAY FIX A DETERMINATE TERM
OF IMPRISONMENT AS FOLLOWS:
(a) For a class B felony, the term must be at least [six years] ONE
YEAR and must not exceed [twenty-five] FIVE years;
(b) For a class C felony, the term must be at least [four and one-half
years] ONE YEAR and must not exceed [fifteen] THREE AND ONE-HALF years;
(c) For a class D felony, the term must be at least [three years] ONE
YEAR and must not exceed [seven] TWO years; and
(d) For a class E felony, the term must be [at least three years] ONE
YEAR and must not exceed [four] ONE AND ONE-HALF years.
3. [The minimum period of imprisonment under an indeterminate sentence
imposed pursuant to subdivision one of this section must be fixed by the
court at one-half of the maximum term imposed and must be specified in
the sentence] WHERE A COURT WOULD OTHERWISE BE REQUIRED TO IMPOSE A
SENTENCE FOR A CLASS A FELONY OFFENSE PURSUANT TO SECTION 70.00 OF THIS
TITLE, THE COURT MAY FIX A DETERMINATE TERM OF IMPRISONMENT OF AT LEAST
FIVE YEARS AND NOT TO EXCEED FIFTEEN YEARS.
4. WHERE A COURT WOULD OTHERWISE BE REQUIRED TO IMPOSE A SENTENCE FOR
A CLASS A FELONY OFFENSE PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (B)
OF SUBDIVISION TWO OF SECTION 70.71 OF THIS TITLE, THE COURT MAY FIX A
DETERMINATE TERM OF IMPRISONMENT OF AT LEAST FIVE YEARS AND NOT TO
EXCEED EIGHT YEARS.
5. WHERE A COURT WOULD OTHERWISE BE REQUIRED TO IMPOSE A SENTENCE FOR
A CLASS A FELONY OFFENSE PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (B)
OF SUBDIVISION THREE OF SECTION 70.71 OF THIS TITLE, THE COURT MAY FIX A
DETERMINATE TERM OF IMPRISONMENT OF AT LEAST FIVE YEARS AND NOT TO
EXCEED TWELVE YEARS.
6. WHERE A COURT WOULD OTHERWISE BE REQUIRED TO IMPOSE A SENTENCE FOR
A CLASS A FELONY OFFENSE PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (B)
OF SUBDIVISION TWO OF SECTION 70.71 OF THIS TITLE, THE COURT MAY FIX A
DETERMINATE TERM OF IMPRISONMENT OF AT LEAST ONE YEAR AND NOT TO EXCEED
THREE YEARS.
7. WHERE A COURT WOULD OTHERWISE BE REQUIRED TO IMPOSE A SENTENCE FOR
A CLASS A FELONY OFFENSE PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (B)
OF SUBDIVISION THREE OF SECTION 70.71 OF THIS TITLE, THE COURT MAY FIX A
DETERMINATE TERM OF IMPRISONMENT OF AT LEAST THREE YEARS AND NOT TO
EXCEED SIX YEARS.
8. WHERE A COURT WOULD OTHERWISE BE REQUIRED TO IMPOSE A SENTENCE
PURSUANT TO SUBDIVISION SIX OF SECTION 70.06 OF THIS TITLE, THE COURT
MAY FIX A TERM OF IMPRISONMENT AS FOLLOWS:
(A) FOR A CLASS B FELONY, THE TERM MUST BE AT LEAST THREE YEARS AND
MUST NOT EXCEED EIGHT YEARS;
(B) FOR A CLASS C FELONY, THE TERM MUST BE AT LEAST TWO AND ONE-HALF
YEARS AND MUST NOT EXCEED FIVE YEARS;
S. 1505--A 75 A. 2005--A
(C) FOR A CLASS D FELONY, THE TERM MUST BE AT LEAST TWO YEARS AND MUST
NOT EXCEED THREE YEARS;
(D) FOR A CLASS E FELONY, THE TERM MUST BE AT LEAST ONE AND ONE-HALF
YEARS AND MUST NOT EXCEED TWO YEARS.
9. WHERE A COURT WOULD OTHERWISE BE REQUIRED TO IMPOSE A SENTENCE FOR
A CLASS B, C, D OR E FELONY OFFENSE PURSUANT TO SECTION 70.00 OF THIS
TITLE, THE COURT MAY IMPOSE A SENTENCE IN ACCORDANCE WITH THE PROVISIONS
OF SUBDIVISION TWO OF SECTION 70.70 OF THIS TITLE.
10. EXCEPT AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION, WHERE A
COURT WOULD OTHERWISE BE REQUIRED TO IMPOSE A SENTENCE PURSUANT TO
SUBDIVISION THREE OF SECTION 70.06 OF THIS TITLE, THE COURT MAY IMPOSE A
SENTENCE IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION THREE OF
SECTION 70.70 OF THIS TITLE.
11. WHERE A COURT WOULD OTHERWISE BE REQUIRED TO IMPOSE A SENTENCE
PURSUANT TO SUBDIVISION THREE OF SECTION 70.06 OF THIS TITLE, WHERE THE
PRIOR FELONY CONVICTION WAS FOR A FELONY OFFENSE DEFINED IN SECTION
70.02 OF THIS TITLE, THE COURT MAY IMPOSE A SENTENCE IN ACCORDANCE WITH
THE PROVISIONS OF SUBDIVISION FOUR OF SECTION 70.70 OF THIS TITLE.
§ 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 70.45 of the penal law, as amended by chapter 7 of the laws of
2007, are amended to read as follows:
(a) such period shall be one year whenever a determinate sentence of
imprisonment is imposed pursuant to subdivision two of section 70.70 of
this article OR SUBDIVISION NINE OF SECTION 60.12 OF THIS TITLE upon a
conviction of a class D or class E felony offense;
(b) such period shall be not less than one year nor more than two
years whenever a determinate sentence of imprisonment is imposed pursu-
ant to subdivision two of section 70.70 of this article OR SUBDIVISION
NINE OF SECTION 60.12 OF THIS TITLE upon a conviction of a class B or
class C felony offense;
(c) such period shall be not less than one year nor more than two
years whenever a determinate sentence of imprisonment is imposed pursu-
ant to subdivision three or four of section 70.70 of this article upon
conviction of a class D or class E felony offense OR SUBDIVISION TEN OF
SECTION 60.12 OF THIS TITLE;
(d) such period shall be not less than one and one-half years nor more
than three years whenever a determinate sentence of imprisonment is
imposed pursuant to subdivision three or four of section 70.70 of this
article upon conviction of a class B felony or class C felony offense[;]
OR SUBDIVISION ELEVEN OF SECTION 60.12 OF THIS TITLE;
(e) such period shall be not less than one and one-half years nor more
than three years whenever a determinate sentence of imprisonment is
imposed pursuant to subdivision three of section 70.02 of this article
OR SUBDIVISION TWO OR EIGHT OF SECTION 60.12 OF THIS TITLE upon a
conviction of a class D or class E violent felony offense OR SUBDIVISION
FOUR, FIVE, SIX, OR SEVEN OF SECTION 60.12 OF THIS TITLE;
(f) such period shall be not less than two and one-half years nor more
than five years whenever a determinate sentence of imprisonment is
imposed pursuant to subdivision three of section 70.02 of this article
OR SUBDIVISION TWO OR EIGHT OF SECTION 60.12 OF THIS TITLE upon a
conviction of a class B or class C violent felony offense.
§ 3. The criminal procedure law is amended by adding a new section
440.47 to read as follows:
§ 440.47 MOTION FOR RESENTENCE; DOMESTIC VIOLENCE CASES.
1. (A) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, ANY PERSON
CONFINED IN AN INSTITUTION OPERATED BY THE DEPARTMENT OF CORRECTION AND
S. 1505--A 76 A. 2005--A
COMMUNITY SUPERVISION SERVING A SENTENCE WITH A MINIMUM OR DETERMINATE
TERM OF EIGHT YEARS OR MORE FOR AN OFFENSE COMMITTED PRIOR TO THE EFFEC-
TIVE DATE OF THIS SECTION AND ELIGIBLE FOR AN ALTERNATIVE SENTENCE
PURSUANT TO SECTION 60.12 OF THE PENAL LAW MAY, ON OR AFTER SUCH EFFEC-
TIVE DATE, SUBMIT TO THE JUDGE OR JUSTICE WHO IMPOSED THE ORIGINAL
SENTENCE UPON SUCH PERSON A REQUEST TO APPLY FOR RESENTENCING IN ACCORD-
ANCE WITH SECTION 60.12 OF THE PENAL LAW. SUCH PERSON MUST INCLUDE IN
HIS OR HER REQUEST DOCUMENTATION PROVING THAT SHE OR HE IS CONFINED IN
AN INSTITUTION OPERATED BY THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION SERVING A SENTENCE WITH A MINIMUM OR DETERMINATE TERM OF
EIGHT YEARS OR MORE FOR AN OFFENSE COMMITTED PRIOR TO THE EFFECTIVE DATE
OF THIS SECTION AND THAT SHE OR HE IS SERVING SUCH SENTENCE FOR ANY
OFFENSE ELIGIBLE FOR AN ALTERNATIVE SENTENCE UNDER SECTION 60.12 OF THE
PENAL LAW.
(B) IF, AT THE TIME OF SUCH PERSON'S REQUEST TO APPLY FOR RESENTENCING
PURSUANT TO THIS SECTION, THE ORIGINAL SENTENCING JUDGE OR JUSTICE IS A
JUDGE OR JUSTICE OF A COURT OF COMPETENT JURISDICTION, BUT SUCH COURT IS
NOT THE COURT IN WHICH THE ORIGINAL SENTENCE WAS IMPOSED, THEN THE
REQUEST SHALL BE RANDOMLY ASSIGNED TO ANOTHER JUDGE OR JUSTICE OF THE
COURT IN WHICH THE ORIGINAL SENTENCE WAS IMPOSED. IF THE ORIGINAL
SENTENCING JUDGE IS NO LONGER A JUDGE OR JUSTICE OF A COURT OF COMPETENT
JURISDICTION, THEN THE REQUEST SHALL BE RANDOMLY ASSIGNED TO ANOTHER
JUDGE OR JUSTICE OF THE COURT.
(C) IF THE COURT FINDS THAT SUCH PERSON HAS MET THE REQUIREMENTS TO
APPLY FOR RESENTENCING IN PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT
SHALL NOTIFY SUCH PERSON THAT HE OR SHE MAY SUBMIT AN APPLICATION FOR
RESENTENCING. UPON SUCH NOTIFICATION, THE PERSON MAY REQUEST THAT THE
COURT ASSIGN HIM OR HER AN ATTORNEY FOR THE PREPARATION OF AND
PROCEEDINGS ON THE APPLICATION FOR RESENTENCING PURSUANT TO THIS
SECTION. THE ATTORNEY SHALL BE ASSIGNED IN ACCORDANCE WITH THE
PROVISIONS OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED SEVENTEEN AND
SUBDIVISION FOUR OF SECTION SEVEN HUNDRED TWENTY-TWO OF THE COUNTY LAW
AND THE RELATED PROVISIONS OF ARTICLE EIGHTEEN-A OF SUCH LAW.
(D) IF THE COURT FINDS THAT SUCH PERSON HAS NOT MET THE REQUIREMENTS
TO APPLY FOR RESENTENCING IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
SECTION, THE COURT SHALL NOTIFY SUCH PERSON AND DISMISS HIS OR HER
REQUEST WITHOUT PREJUDICE.
2. (A) UPON THE COURT'S RECEIPT OF AN APPLICATION FOR RESENTENCING,
THE COURT SHALL PROMPTLY NOTIFY THE APPROPRIATE DISTRICT ATTORNEY AND
PROVIDE SUCH DISTRICT ATTORNEY WITH A COPY OF THE APPLICATION.
(B) IF THE JUDGE OR JUSTICE THAT RECEIVED THE APPLICATION IS NOT THE
ORIGINAL SENTENCING JUDGE OR JUSTICE, THE APPLICATION MAY BE REFERRED TO
THE ORIGINAL SENTENCING JUDGE OR JUSTICE PROVIDED THAT HE OR SHE IS A
JUDGE OR JUSTICE OF A COURT OF COMPETENT JURISDICTION AND THAT THE
APPLICANT AND THE DISTRICT ATTORNEY AGREE THAT THE APPLICATION SHOULD BE
REFERRED.
(C) AN APPLICATION FOR RESENTENCING PURSUANT TO THIS SECTION MUST
INCLUDE AT LEAST TWO PIECES OF EVIDENCE CORROBORATING THE APPLICANT'S
CLAIM THAT HE OR SHE WAS, AT THE TIME OF THE OFFENSE, A VICTIM OF DOMES-
TIC VIOLENCE SUBJECTED TO SUBSTANTIAL PHYSICAL, SEXUAL OR PSYCHOLOGICAL
ABUSE INFLICTED BY A MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE
APPLICANT AS SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION 530.11
OF THIS CHAPTER.
AT LEAST ONE PIECE OF EVIDENCE MUST BE EITHER A COURT RECORD, PRE-SEN-
TENCE REPORT, SOCIAL SERVICES RECORD, HOSPITAL RECORD, SWORN STATEMENT
FROM A WITNESS TO THE DOMESTIC VIOLENCE, LAW ENFORCEMENT RECORD, DOMES-
S. 1505--A 77 A. 2005--A
TIC INCIDENT REPORT, OR ORDER OF PROTECTION. OTHER EVIDENCE MAY
INCLUDE, BUT SHALL NOT BE LIMITED TO, LOCAL AND STATE DEPARTMENT OF
CORRECTIONS RECORDS, A SHOWING BASED IN PART ON DOCUMENTATION PREPARED
AT OR NEAR THE TIME OF THE COMMISSION OF THE OFFENSE OR THE PROSECUTION
THEREOF TENDING TO SUPPORT THE PERSON'S CLAIM, OR WHEN THERE IS VERIFI-
CATION OF CONSULTATION WITH A LICENSED MEDICAL OR MENTAL HEALTH CARE
PROVIDER, EMPLOYEE OF A COURT ACTING WITHIN THE SCOPE OF HIS OR HER
EMPLOYMENT, MEMBER OF THE CLERGY, ATTORNEY, SOCIAL WORKER, OR RAPE
CRISIS COUNSELOR AS DEFINED IN SECTION FORTY-FIVE HUNDRED TEN OF THE
CIVIL PRACTICE LAW AND RULES, OR OTHER ADVOCATE ACTING ON BEHALF OF AN
AGENCY THAT ASSISTS VICTIMS OF DOMESTIC VIOLENCE FOR THE PURPOSE OF
ASSISTING SUCH PERSON WITH DOMESTIC VIOLENCE VICTIM COUNSELING OR
SUPPORT.
(D) IF THE COURT FINDS THAT THE APPLICANT HAS NOT COMPLIED WITH THE
PROVISIONS OF PARAGRAPH (C) OF THIS SUBDIVISION, THE COURT SHALL DISMISS
THE APPLICATION WITHOUT PREJUDICE.
(E) IF THE COURT FINDS THAT THE APPLICANT HAS COMPLIED WITH THE
PROVISIONS OF PARAGRAPH (C) OF THIS SUBDIVISION, THE COURT SHALL CONDUCT
A HEARING TO AID IN MAKING ITS DETERMINATION OF WHETHER THE APPLICANT
SHOULD BE RESENTENCED IN ACCORDANCE WITH SECTION 60.12 OF THE PENAL LAW.
AT SUCH HEARING THE COURT SHALL DETERMINE ANY CONTROVERTED ISSUE OF FACT
RELEVANT TO THE ISSUE OF SENTENCING. RELIABLE HEARSAY SHALL BE ADMISSI-
BLE AT SUCH HEARINGS.
THE COURT MAY CONSIDER ANY FACT OR CIRCUMSTANCES RELEVANT TO THE IMPO-
SITION OF A NEW SENTENCE WHICH ARE SUBMITTED BY THE APPLICANT OR THE
DISTRICT ATTORNEY AND MAY, IN ADDITION, CONSIDER THE INSTITUTIONAL
RECORD OF CONFINEMENT OF SUCH PERSON, BUT SHALL NOT ORDER A NEW PRE-SEN-
TENCE INVESTIGATION AND REPORT OR ENTERTAIN ANY MATTER CHALLENGING THE
UNDERLYING BASIS OF THE SUBJECT CONVICTION. THE COURT'S CONSIDERATION OF
THE INSTITUTIONAL RECORD OF CONFINEMENT OF SUCH APPLICANT SHALL INCLUDE,
BUT NOT BE LIMITED TO, SUCH APPLICANT'S PARTICIPATION IN OR WILLINGNESS
TO PARTICIPATE IN PROGRAMMING SUCH AS DOMESTIC VIOLENCE, PARENTING AND
SUBSTANCE ABUSE TREATMENT WHILE INCARCERATED AND SUCH APPLICANT'S DISCI-
PLINARY HISTORY. THE FACT THAT THE APPLICANT MAY HAVE BEEN UNABLE TO
PARTICIPATE IN TREATMENT OR OTHER PROGRAMMING WHILE INCARCERATED DESPITE
SUCH APPLICANT'S WILLINGNESS TO DO SO SHALL NOT BE CONSIDERED A NEGATIVE
FACTOR IN DETERMINING A MOTION PURSUANT TO THIS SECTION.
(F) IF THE COURT DETERMINES THAT THE APPLICANT SHOULD NOT BE RESEN-
TENCED IN ACCORDANCE WITH SECTION 60.12 OF THE PENAL LAW, THE COURT
SHALL INFORM SUCH APPLICANT OF ITS DECISION AND SHALL ENTER AN ORDER TO
THAT EFFECT. ANY ORDER ISSUED BY A COURT PURSUANT TO THIS SECTION MUST
INCLUDE WRITTEN FINDINGS OF FACT AND THE REASONS FOR SUCH ORDER.
(G) IF THE COURT DETERMINES THAT THE APPLICANT SHOULD BE RESENTENCED
IN ACCORDANCE WITH SECTION 60.12 OF THE PENAL LAW, THE COURT SHALL NOTI-
FY THE APPLICANT THAT, UNLESS HE OR SHE WITHDRAWS THE APPLICATION OR
APPEALS FROM SUCH ORDER, THE COURT WILL ENTER AN ORDER VACATING THE
SENTENCE ORIGINALLY IMPOSED AND IMPOSING THE NEW SENTENCE TO BE IMPOSED
AS AUTHORIZED BY SECTION 60.12 OF THE PENAL LAW. ANY ORDER ISSUED BY A
COURT PURSUANT TO THIS SECTION MUST INCLUDE WRITTEN FINDINGS OF FACT AND
THE REASONS FOR SUCH ORDER.
3. AN APPEAL MAY BE TAKEN AS OF RIGHT IN ACCORDANCE WITH APPLICABLE
PROVISIONS OF THIS CHAPTER: (A) FROM AN ORDER DENYING RESENTENCING; OR
(B) FROM A NEW SENTENCE IMPOSED UNDER THIS PROVISION AND MAY BE BASED ON
THE GROUNDS THAT (I) THE TERM OF THE NEW SENTENCE IS HARSH OR EXCESSIVE;
OR (II) THAT THE TERM OF THE NEW SENTENCE IS UNAUTHORIZED AS A MATTER OF
LAW. AN APPEAL IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THIS
S. 1505--A 78 A. 2005--A
CHAPTER MAY ALSO BE TAKEN AS OF RIGHT BY THE APPLICANT FROM AN ORDER
SPECIFYING AND INFORMING SUCH APPLICANT OF THE TERM OF THE DETERMINATE
SENTENCE THE COURT WOULD IMPOSE UPON RESENTENCING ON THE GROUND THAT THE
TERM OF THE PROPOSED SENTENCE IS HARSH OR EXCESSIVE; UPON REMAND TO THE
SENTENCING COURT FOLLOWING SUCH APPEAL THE APPLICANT SHALL BE GIVEN AN
OPPORTUNITY TO WITHDRAW AN APPLICATION FOR RESENTENCING BEFORE ANY
RESENTENCE IS IMPOSED. THE APPLICANT MAY REQUEST THAT THE COURT ASSIGN
HIM OR HER AN ATTORNEY FOR THE PREPARATION OF AND PROCEEDINGS ON ANY
APPEALS REGARDING HIS OR HER APPLICATION FOR RESENTENCING PURSUANT TO
THIS SECTION. THE ATTORNEY SHALL BE ASSIGNED IN ACCORDANCE WITH THE
PROVISIONS OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED SEVENTEEN AND
SUBDIVISION FOUR OF SECTION SEVEN HUNDRED TWENTY-TWO OF THE COUNTY LAW
AND THE RELATED PROVISIONS OF ARTICLE EIGHTEEN-A OF SUCH LAW.
4. IN CALCULATING THE NEW TERM TO BE SERVED BY THE APPLICANT PURSUANT
TO SECTION 60.12 OF THE PENAL LAW, SUCH APPLICANT SHALL BE CREDITED FOR
ANY JAIL TIME CREDITED TOWARDS THE SUBJECT CONVICTION AS WELL AS ANY
PERIOD OF INCARCERATION CREDITED TOWARD THE SENTENCE ORIGINALLY IMPOSED.
§ 4. Subdivision 1 of section 450.90 of the criminal procedure law, as
amended by section 10 of part AAA of chapter 56 of the laws of 2009, is
amended to read as follows:
1. Provided that a certificate granting leave to appeal is issued
pursuant to section 460.20, an appeal may, except as provided in subdi-
vision two, be taken to the court of appeals by either the defendant or
the people from any adverse or partially adverse order of an intermedi-
ate appellate court entered upon an appeal taken to such intermediate
appellate court pursuant to section 450.10, 450.15, or 450.20, or from
an order granting or denying a motion to set aside an order of an inter-
mediate appellate court on the ground of ineffective assistance or
wrongful deprivation of appellate counsel, or by either the defendant or
the people from any adverse or partially adverse order of an intermedi-
ate appellate court entered upon an appeal taken to such intermediate
appellate court from an order entered pursuant to section 440.46 OR
SECTION 440.47 of this chapter. An order of an intermediate appellate
court is adverse to the party who was the appellant in such court when
it affirms the judgment, sentence or order appealed from, and is adverse
to the party who was the respondent in such court when it reverses the
judgment, sentence or order appealed from. An appellate court order
which modifies a judgment or order appealed from is partially adverse to
each party.
§ 5. Paragraph (a) of subdivision 2 of section 390.50 of the criminal
procedure law, as amended by section 5 of part OO of chapter 56 of the
laws of 2010, is amended to read as follows:
(a) Not less than one court day prior to sentencing, unless such time
requirement is waived by the parties, the pre-sentence report or memo-
randum shall be made available by the court for examination and for
copying by the defendant's attorney, the defendant himself, if he has no
attorney, and the prosecutor. In its discretion, the court may except
from disclosure a part or parts of the report or memoranda which are not
relevant to a proper sentence, or a diagnostic opinion which might seri-
ously disrupt a program of rehabilitation, or sources of information
which have been obtained on a promise of confidentiality, or any other
portion thereof, disclosure of which would not be in the interest of
justice. In all cases where a part or parts of the report or memoranda
are not disclosed, the court shall state for the record that a part or
parts of the report or memoranda have been excepted and the reasons for
its action. The action of the court excepting information from disclo-
S. 1505--A 79 A. 2005--A
sure shall be subject to appellate review. The pre-sentence report shall
be made available by the court for examination and copying in connection
with any appeal in the case, including an appeal under this subdivision.
Upon written request, the court shall make a copy of the presentence
report, other than a part or parts of the report redacted by the court
pursuant to this paragraph, available to the defendant for use before
the parole board for release consideration or an appeal of a parole
board determination OR AN APPLICATION FOR RESENTENCING PURSUANT TO
SECTION 440.46 OR 440.47 OF THIS CHAPTER. In his or her written request
to the court the defendant shall affirm that he or she anticipates an
appearance before the parole board or intends to file an administrative
appeal of a parole board determination OR MEETS THE ELIGIBILITY CRITERIA
FOR AND INTENDS TO FILE A MOTION FOR RESENTENCING PURSUANT TO 440.46 OF
THIS CHAPTER OR HAS RECEIVED NOTIFICATION FROM THE COURT WHICH RECEIVED
HIS OR HER REQUEST TO APPLY FOR RESENTENCING PURSUANT TO SECTION 440.47
OF THIS CHAPTER CONFIRMING THAT HE OR SHE IS ELIGIBLE TO SUBMIT AN
APPLICATION FOR RESENTENCING PURSUANT TO SECTION 440.47 OF THIS CHAPTER.
The court shall respond to the defendant's written request within twenty
days from receipt of the defendant's written request.
§ 6. This act shall take effect immediately; provided, however, that
sections one and two of this act shall apply to offenses committed on,
after and prior to such effective date where the sentence for such
offense has not yet been imposed; provided, further that sections three,
four and five of this act shall take effect on the ninetieth day after
it shall have become a law.
PART V
Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa-
rately amended by chapters 268 and 281 of the laws of 2016, is amended
to read as follows:
11. With intent to cause physical injury to a train operator, ticket
inspector, conductor, signalperson, bus operator, station agent, station
cleaner or terminal cleaner employed by any transit agency, authority or
company, public or private, whose operation is authorized by New York
state or any of its political subdivisions, a city marshal, a school
crossing guard appointed pursuant to section two hundred eight-a of the
general municipal law, a traffic enforcement officer, traffic enforce-
ment agent, prosecutor as defined in subdivision thirty-one of section
1.20 of the criminal procedure law, sanitation enforcement agent, New
York city sanitation worker, public health sanitarian, New York city
public health sanitarian, registered nurse, licensed practical nurse,
emergency medical service paramedic, [or] emergency medical service
technician, OR JOURNALIST, he or she causes physical injury to such
train operator, ticket inspector, conductor, signalperson, bus operator,
station agent, station cleaner or terminal cleaner, city marshal, school
crossing guard appointed pursuant to section two hundred eight-a of the
general municipal law, traffic enforcement officer, traffic enforcement
agent, prosecutor as defined in subdivision thirty-one of section 1.20
of the criminal procedure law, registered nurse, licensed practical
nurse, public health sanitarian, New York city public health sanitarian,
sanitation enforcement agent, New York city sanitation worker, emergency
medical service paramedic, [or] emergency medical service technician, OR
JOURNALIST, while such employee is performing an assigned duty on, or
directly related to, the operation of a train or bus, including the
cleaning of a train or bus station or terminal, or such city marshal,
S. 1505--A 80 A. 2005--A
school crossing guard, traffic enforcement officer, traffic enforcement
agent, prosecutor as defined in subdivision thirty-one of section 1.20
of the criminal procedure law, registered nurse, licensed practical
nurse, public health sanitarian, New York city public health sanitarian,
sanitation enforcement agent, New York city sanitation worker, emergency
medical service paramedic, [or] emergency medical service technician, OR
JOURNALIST is performing an assigned duty; or
§ 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
PART W
Section 1. Section 60.06 of the penal law, as amended by chapter 482
of the laws of 2009, is amended to read as follows:
§ 60.06 Authorized disposition; murder in the first degree offenders;
aggravated murder offenders; certain murder in the second
degree offenders; certain terrorism offenders; criminal
possession of a chemical weapon or biological weapon offen-
ders; criminal use of a chemical weapon or biological weapon
offenders.
When a defendant is convicted of murder in the first degree as defined
in section 125.27 of this chapter, the court shall[, in accordance with
the provisions of section 400.27 of the criminal procedure law,]
sentence the defendant [to death,] to life imprisonment without parole
in accordance with subdivision five of section 70.00 of this title, or
to a term of imprisonment for a class A-I felony other than a sentence
of life imprisonment without parole, in accordance with subdivisions one
through three of section 70.00 of this title. When a person is convicted
of murder in the second degree as defined in subdivision five of section
125.25 of this chapter or of the crime of aggravated murder as defined
in subdivision one of section 125.26 of this chapter, the court shall
sentence the defendant to life imprisonment without parole in accordance
with subdivision five of section 70.00 of this title. When a defendant
is convicted of the crime of terrorism as defined in section 490.25 of
this chapter, and the specified offense the defendant committed is a
class A-I felony offense, or when a defendant is convicted of the crime
of criminal possession of a chemical weapon or biological weapon in the
first degree as defined in section 490.45 of this chapter, or when a
defendant is convicted of the crime of criminal use of a chemical weapon
or biological weapon in the first degree as defined in section 490.55 of
this chapter, the court shall sentence the defendant to life imprison-
ment without parole in accordance with subdivision five of section 70.00
of this title; provided, however, that nothing in this section shall
preclude or prevent a sentence of death when the defendant is also
convicted of murder in the first degree as defined in section 125.27 of
this chapter. When a defendant is convicted of aggravated murder as
defined in subdivision two of section 125.26 of this chapter, the court
shall sentence the defendant to life imprisonment without parole or to a
term of imprisonment for a class A-I felony other than a sentence of
life imprisonment without parole, in accordance with subdivisions one
through three of section 70.00 of this title.
§ 2. Subparagraph (i) of paragraph (a) of subdivision 3 of section
70.00 of the penal law, as amended by chapter 107 of the laws of 2006,
is amended to read as follows:
(i) For a class A-I felony, such minimum period shall not be less than
fifteen years nor more than twenty-five years; provided, however, that
S. 1505--A 81 A. 2005--A
(A) where a sentence, other than a sentence of [death or] life imprison-
ment without parole, is imposed upon a defendant convicted of murder in
the first degree as defined in section 125.27 of this chapter such mini-
mum period shall be not less than twenty years nor more than twenty-five
years, and, (B) where a sentence is imposed upon a defendant convicted
of murder in the second degree as defined in subdivision five of section
125.25 of this chapter or convicted of aggravated murder as defined in
section 125.26 of this chapter, the sentence shall be life imprisonment
without parole, and, (C) where a sentence is imposed upon a defendant
convicted of attempted murder in the first degree as defined in article
one hundred ten of this chapter and subparagraph (i), (ii) or (iii) of
paragraph (a) of subdivision one and paragraph (b) of subdivision one of
section 125.27 of this chapter or attempted aggravated murder as defined
in article one hundred ten of this chapter and section 125.26 of this
chapter such minimum period shall be not less than twenty years nor more
than forty years.
§ 3. Paragraph (e) of subdivision 5 of section 220.10 of the criminal
procedure law is REPEALED.
§ 4. Subparagraph (vii) of paragraph (b) of subdivision 3 of section
220.30 of the criminal procedure law is REPEALED.
§ 5. Sections 250.40, 270.16, 270.55, 400.27, 450.70 and 450.80 of the
criminal procedure law are REPEALED.
§ 6. Paragraph (f) of subdivision 1 of section 270.20 of the criminal
procedure law is REPEALED.
§ 7. Section 270.30 of the criminal procedure law, as amended by chap-
ter 1 of the laws of 1995, is amended to read as follows:
§ 270.30 Trial jury; alternate jurors.
[1.] Immediately after the last trial juror is sworn, the court may in
its discretion direct the selection of one or more, but not more than
six additional jurors to be known as "alternate jurors"[, except that,
in a prosecution under section 125.27 of the penal law, the court may,
in its discretion, direct the selection of as many alternate jurors as
the court determines to be appropriate]. Alternate jurors must be drawn
in the same manner, must have the same qualifications, must be subject
to the same examination and challenges for cause and must take the same
oath as the regular jurors. After the jury has retired to deliberate,
the court must either (1) with the consent of the defendant and the
people, discharge the alternate jurors or (2) direct the alternate
jurors not to discuss the case and must further direct that they be kept
separate and apart from the regular jurors.
[2. In any prosecution in which the people seek a sentence of death,
the court shall not discharge the alternate jurors when the jury retires
to deliberate upon its verdict and the alternate jurors, in the
discretion of the court, may be continuously kept together under the
supervision of an appropriate public servant or servants until such time
as the jury returns its verdict. If the jury returns a verdict of guilty
to a charge for which the death penalty may be imposed, the alternate
jurors shall not be discharged and shall remain available for service
during any separate sentencing proceeding which may be conducted pursu-
ant to section 400.27.]
§ 8. Section 310.80 of the criminal procedure law, as amended by chap-
ter 1 of the laws of 1995, is amended to read as follows:
§ 310.80 Recording and checking of verdict and polling of jury.
After a verdict has been rendered, it must be recorded on the minutes
and read to the jury, and the jurors must be collectively asked whether
such is their verdict. Even though no juror makes any declaration in the
S. 1505--A 82 A. 2005--A
negative, the jury must, if either party makes such an application, be
polled and each juror separately asked whether the verdict announced by
the foreman is in all respects his verdict. If upon either the collec-
tive or the separate inquiry any juror answers in the negative, the
court must refuse to accept the verdict and must direct the jury to
resume its deliberation. If no disagreement is expressed, the jury must
be discharged from the case[, except as otherwise provided in section
400.27].
§ 9. Subdivision 1 of section 440.20 of the criminal procedure law, as
amended by chapter 1 of the laws of 1995, is amended to read as follows:
1. At any time after the entry of a judgment, the court in which the
judgment was entered may, upon motion of the defendant, set aside the
sentence upon the ground that it was unauthorized, illegally imposed or
otherwise invalid as a matter of law. [Where the judgment includes a
sentence of death, the court may also set aside the sentence upon any of
the grounds set forth in paragraph (b), (c), (f), (g) or (h) of subdivi-
sion one of section 440.10 as applied to a separate sentencing proceed-
ing under section 400.27, provided, however, that to the extent the
ground or grounds asserted include one or more of the aforesaid para-
graphs of subdivision one of section 440.10, the court must also apply
subdivisions two and three of section 440.10, other than paragraph (d)
of subdivision two of such section, in determining the motion. In the
event the court enters an order granting a motion to set aside a
sentence of death under this section, the court must either direct a new
sentencing proceeding in accordance with section 400.27 or, to the
extent that the defendant cannot be resentenced to death consistent with
the laws of this state or the constitution of this state or of the
United States, resentence the defendant to life imprisonment without
parole or to a sentence of imprisonment for the class A-I felony of
murder in the first degree other than a sentence of life imprisonment
without parole. Upon granting the motion upon any of the grounds set
forth in the aforesaid paragraphs of subdivision one of section 440.10
and setting aside the sentence, the court must afford the people a
reasonable period of time, which shall not be less than ten days, to
determine whether to take an appeal from the order setting aside the
sentence of death. The taking of an appeal by the people stays the
effectiveness of that portion of the court's order that directs a new
sentencing proceeding.]
§ 10. Subdivision 10 of section 450.20 of the criminal procedure law
is REPEALED.
§ 11. Subdivision 3 of section 460.40 of the criminal procedure law is
REPEALED.
§ 12. Section 470.30 of the criminal procedure law, as amended by
chapter 1 of the laws of 1995, is amended to read as follows:
§ 470.30 Determination by court of appeals of appeals taken directly
thereto from judgments and orders of criminal courts.
[1.] Wherever appropriate, the rules set forth in sections 470.15 and
470.20, governing the consideration and determination by intermediate
appellate courts of appeals thereto from judgments and orders of crimi-
nal courts, and prescribing their scope of review and the corrective
action to be taken by them upon reversal or modification, apply equally
to the consideration and determination by the court of appeals of
appeals taken directly thereto, [pursuant to sections 450.70 and
450.80,] from judgments and orders of superior criminal courts.
[2. Whenever a sentence of death is imposed, the judgment and sentence
shall be reviewed on the record by the court of appeals. Review by the
S. 1505--A 83 A. 2005--A
court of appeals pursuant to subdivision one of section 450.70 may not
be waived.
3. With regard to the sentence, the court shall, in addition to exer-
cising the powers and scope of review granted under subdivision one of
this section, determine:
(a) whether the sentence of death was imposed under the influence of
passion, prejudice, or any other arbitrary or legally impermissible
factor including whether the imposition of the verdict or sentence was
based upon the race of the defendant or a victim of the crime for which
the defendant was convicted;
(b) whether the sentence of death is excessive or disproportionate to
the penalty imposed in similar cases considering both the crime and the
defendant. In conducting such review the court, upon request of the
defendant, in addition to any other determination, shall review whether
the sentence of death is excessive or disproportionate to the penalty
imposed in similar cases by virtue of the race of the defendant or a
victim of the crime for which the defendant was convicted; and
(c) whether the decision to impose the sentence of death was against
the weight of the evidence.
4. The court shall include in its decision: (a) the aggravating and
mitigating factors established in the record on appeal; and
(b) those similar cases it took into consideration.
5. In addition to exercising any other corrective action pursuant to
subdivision one of this section, the court, with regard to review of a
sentence of death, shall be authorized to:
(a) affirm the sentence of death; or
(b) set the sentence aside and remand the case for resentencing pursu-
ant to the procedures set forth in section 400.27 for a determination as
to whether the defendant shall be sentenced to death, life imprisonment
without parole or to a term of imprisonment for the class A-I felony of
murder in the first degree other than a sentence of life imprisonment
without parole; or
(c) set the sentence aside and remand the case for resentencing by the
court for a determination as to whether the defendant shall be sentenced
to life imprisonment without parole or to a term of imprisonment for the
class A-I felony of murder in the first degree other than a sentence of
life imprisonment without parole.]
§ 13. Sections 35-b and 211-a of the judiciary law are REPEALED.
§ 14. Section 707 of the county law is REPEALED.
§ 15. Article 22-A of the correction law is REPEALED.
§ 16. Section 63-d of the executive law is REPEALED.
§ 17. Subdivision 7 of section 837-a of the executive law is REPEALED.
§ 18. Section 837-l of the executive law is REPEALED.
§ 19. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after September 1, 1995.
PART X
Section 1. Section 265.00 of the penal law is amended by adding five
new subdivisions 26, 27, 28, 29, and 30 to read as follows:
26. "RAPID-FIRE MODIFICATION DEVICE" MEANS ANY BUMP STOCK, TRIGGER
CRANK, BINARY TRIGGER SYSTEM, BURST TRIGGER SYSTEM, OR ANY OTHER DEVICE
THAT IS DESIGNED TO ACCELERATE SUBSTANTIALLY THE RATE OF FIRE OF A SEMI-
AUTOMATIC FIREARM, RIFLE OR SHOTGUN.
27. "BUMP STOCK" MEANS ANY DEVICE OR INSTRUMENT THAT INCREASES THE
RATE OF FIRE ACHIEVABLE WITH A SEMI-AUTOMATIC FIREARM, RIFLE OR SHOTGUN
S. 1505--A 84 A. 2005--A
BY USING ENERGY FROM THE RECOIL OF THE WEAPON TO GENERATE A RECIPROCAT-
ING ACTION THAT FACILITATES REPEATED ACTIVATION OF THE TRIGGER.
28. "TRIGGER CRANK" MEANS ANY DEVICE OR INSTRUMENT THAT REPEATEDLY
ACTIVATES THE TRIGGER OF A SEMI-AUTOMATIC FIREARM, RIFLE OR SHOTGUN
THROUGH THE USE OF A LEVER OR OTHER PART THAT IS TURNED IN A CIRCULAR
MOTION, PROVIDED, HOWEVER, THAT "TRIGGER CRANK" SHALL NOT INCLUDE ANY
WEAPON INITIALLY DESIGNED AND MANUFACTURED TO FIRE THROUGH THE USE OF A
CRANK OR LEVER.
29. "BINARY TRIGGER SYSTEM" MEANS ANY DEVICE THAT, WHEN INSTALLED IN
OR ATTACHED TO A SEMI-AUTOMATIC FIREARM RIFLE, OR SHOTGUN CAUSES THAT
WEAPON TO FIRE ONCE WHEN THE TRIGGER IS PULLED AND AGAIN WHEN THE TRIG-
GER IS RELEASED.
30. "BURST TRIGGER SYSTEM" MEANS ANY DEVICE THAT, WHEN INSTALLED IN OR
ATTACHED TO A SEMI-AUTOMATIC FIREARM, RIFLE, OR SHOT GUN, ALLOWS THAT
WEAPON TO DISCHARGE TWO OR MORE SHOTS WITH A SINGLE PULL OR THE TRIGGER
BY ALTERING THE TRIGGER RESET.
§ 2. The penal law is amended by adding a new section 265.01-c to read
as follows:
§ 265.01-C CRIMINAL POSSESSION OF A RAPID-FIRE MODIFICATION DEVICE.
A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A RAPID-FIRE MODIFICATION
DEVICE WHEN HE OR SHE KNOWINGLY POSSESSES ANY RAPID-FIRE MODIFICATION
DEVICE.
CRIMINAL POSSESSION OF A TRIGGER MODIFICATION DEVICE IS A CLASS A
MISDEMEANOR.
§ 3. Subdivisions 1, 2 and 3 of section 265.10 of the penal law,
subdivisions 1 and 2 as amended by chapter 257 of the laws of 2008, and
subdivision 3 as amended by chapter 189 of the laws of 2000, are amended
to read as follows:
1. Any person who manufactures or causes to be manufactured any
machine-gun, assault weapon, large capacity ammunition feeding device or
disguised gun is guilty of a class D felony. ANY PERSON WHO MANUFAC-
TURES OR CAUSES TO BE MANUFACTURED ANY RAPID-FIRE MODIFICATION DEVICE IS
GUILTY OF A CLASS E FELONY. Any person who manufactures or causes to be
manufactured any switchblade knife, gravity knife, pilum ballistic
knife, metal knuckle knife, billy, blackjack, bludgeon, plastic knuck-
les, metal knuckles, Kung Fu star, chuka stick, sandbag, sandclub or
slungshot is guilty of a class A misdemeanor.
2. Any person who transports or ships any machine-gun, firearm silenc-
er, assault weapon or large capacity ammunition feeding device or
disguised gun, or who transports or ships as merchandise five or more
firearms, is guilty of a class D felony. ANY PERSON WHO TRANSPORTS OR
SHIPS ANY RAPID-FIRE MODIFICATION DEVICE IS GUILTY OF A CLASS E FELONY.
Any person who transports or ships as merchandise any firearm, other
than an assault weapon, switchblade knife, gravity knife, pilum ballis-
tic knife, billy, blackjack, bludgeon, plastic knuckles, metal knuckles,
Kung Fu star, chuka stick, sandbag or slungshot is guilty of a class A
misdemeanor.
3. Any person who disposes of any machine-gun, assault weapon, large
capacity ammunition feeding device or firearm silencer is guilty of a
class D felony. ANY PERSON WHO DISPOSES OF ANY RAPID-FIRE MODIFICATION
DEVICE IS GUILTY OF A CLASS E FELONY. Any person who knowingly buys,
receives, disposes of, or conceals a machine-gun, firearm, large capaci-
ty ammunition feeding device, rifle or shotgun which has been defaced
for the purpose of concealment or prevention of the detection of a crime
or misrepresenting the identity of such machine-gun, firearm, large
S. 1505--A 85 A. 2005--A
capacity ammunition feeding device, rifle or shotgun is guilty of a
class D felony.
§ 4. The opening paragraph of subdivision a of section 265.20 of the
penal law, as amended by section 1 of part FF of chapter 57 of the laws
of 2013, is amended to read as follows:
Paragraph (h) of subdivision twenty-two of section 265.00 and sections
265.01, 265.01-a, subdivision one of section 265.01-b, 265.01-C, 265.02,
265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36,
265.37 and 270.05 shall not apply to:
§ 5. The opening paragraph of paragraph 1 of subdivision a of section
265.20 of the penal law, as amended by chapter 1041 of the laws of 1974,
is amended to read as follows:
Possession of any of the weapons, instruments, appliances or
substances specified in sections 265.01, 265.01-C, 265.02, 265.03,
265.04, 265.05 and 270.05 by the following:
§ 6. Paragraphs 2 and 8 of subdivision a of section 265.20 of the
penal law, paragraph 2 as amended by chapter 189 of the laws of 2000 and
paragraph 8 as amended by chapter 476 of the laws of 2018, are amended
to read as follows:
2. Possession of a machine-gun, large capacity ammunition feeding
device, RAPID-FIRE MODIFICATION DEVICE, firearm, switchblade knife,
gravity knife, pilum ballistic knife, billy or blackjack by a warden,
superintendent, headkeeper or deputy of a state prison, penitentiary,
workhouse, county jail or other institution for the detention of persons
convicted or accused of crime or detained as witnesses in criminal
cases, in pursuit of official duty or when duly authorized by regulation
or order to possess the same.
8. The manufacturer of machine-guns, firearm silencers, assault weap-
ons, large capacity ammunition feeding devices, RAPID-FIRE MODIFICATION
DEVICES, disguised guns, pilum ballistic knives, switchblade or gravity
knives, billies or blackjacks as merchandise, or as a transferee recipi-
ent of the same for repair, lawful distribution or research and develop-
ment, and the disposal and shipment thereof direct to a regularly
constituted or appointed state or municipal police department, sheriff,
[policeman] police officer or other peace officer, or to a state prison,
penitentiary, workhouse, county jail or other institution for the
detention of persons convicted or accused of crime or held as witnesses
in criminal cases, or to the military service of this state or of the
United States; or for the repair and return of the same to the lawful
possessor or for research and development.
§ 7. This act shall take effect immediately; provided, however, that
section two of this act shall take effect on the one hundred twentieth
day after it shall have become a law.
PART Y
Section 1. Subdivision 12 of section 400.00 of the penal law, as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
12. Records required of gunsmiths and dealers in firearms. Any person
licensed as gunsmith or dealer in firearms shall keep a record book
approved as to form, except in the city of New York, by the superinten-
dent of state police. In the record book shall be entered at the time of
every transaction involving a firearm the date, name, age, occupation
and residence of any person from whom a firearm is received or to whom a
firearm is delivered, and the calibre, make, model, manufacturer's name
and serial number, or if none, any other distinguishing number or iden-
S. 1505--A 86 A. 2005--A
tification mark on such firearm. Before delivering a firearm to any
person, the licensee shall require him to produce either a license valid
under this section to carry or possess the same, or proof of lawful
authority as an exempt person pursuant to section 265.20 OF THIS CHAPTER
AND EITHER (A) THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
(NICS) OR ITS SUCCESSOR HAS ISSUED A "PROCEED" RESPONSE TO THE LICENSEE,
OR (B) TEN BUSINESS DAYS HAVE ELAPSED SINCE THE DATE THE LICENSEE
CONTACTED NICS TO INITIATE A NATIONAL INSTATE CRIMINAL BACKGROUND CHECK
AND NICS HAS NOT NOTIFIED THE LICENSEE THAT THE TRANSFER OF THE FIREARM
TO SUCH PERSON SHOULD BE DENIED. In addition, before delivering a
firearm to a peace officer, the licensee shall verify that person's
status as a peace officer with the division of state police. After
completing the foregoing, the licensee shall remove and retain the
attached coupon and enter in the record book the date of such license,
number, if any, and name of the licensing officer, in the case of the
holder of a license to carry or possess, or the shield or other number,
if any, assignment and department, unit or agency, in the case of an
exempt person. The original transaction report shall be forwarded to the
division of state police within ten days of delivering a firearm to any
person, and a duplicate copy shall be kept by the licensee. The super-
intendent of state police may designate that such record shall be
completed and transmitted in electronic form. A dealer may be granted a
waiver from transmitting such records in electronic form if the super-
intendent determines that such dealer is incapable of such transmission
due to technological limitations that are not reasonably within the
control of the dealer, or other exceptional circumstances demonstrated
by the dealer, pursuant to a process established in regulation, and at
the discretion of the superintendent. Records assembled or collected for
purposes of inclusion in the database created pursuant to section 400.02
of this article shall not be subject to disclosure pursuant to article
six of the public officers law. The record book shall be maintained on
the premises mentioned and described in the license and shall be open at
all reasonable hours for inspection by any peace officer, acting pursu-
ant to his special duties, or police officer. In the event of cancella-
tion or revocation of the license for gunsmith or dealer in firearms, or
discontinuance of business by a licensee, such record book shall be
immediately surrendered to the licensing officer in the city of New
York, and in the counties of Nassau and Suffolk, and elsewhere in the
state to the executive department, division of state police.
§ 2. The penal law is amended by adding a new section 400.20 to read
as follows:
§ 400.20 WAITING PERIOD IN CONNECTION WITH THE SALE OR TRANSFER OF A
RIFLE OR SHOTGUN.
WHEN A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK IS REQUIRED PURSUANT
TO STATE OR FEDERAL LAW TO BE CONDUCTED THROUGH THE NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM (NICS) OR ITS SUCCESSOR IN CONNECTION
WITH THE SALE OR TRANSFER OF A RIFLE OR SHOTGUN TO ANY PERSON, BEFORE
DELIVERING A RIFLE OR SHOTGUN TO SUCH PERSON, EITHER (A) NICS HAS ISSUED
A "PROCEED" RESPONSE TO THE SELLER OR TRANSFEROR, OR (B) TEN BUSINESS
DAYS SHALL HAVE ELAPSED SINCE THE DATE THE SELLER OR TRANSFEROR
CONTACTED NICS TO INITIATE A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
AND NICS HAS NOT NOTIFIED THE SELLER OR TRANSFEROR THAT THE TRANSFER OF
THE RIFLE OR SHOTGUN TO SUCH PERSON SHOULD BE DENIED.
§ 3. Subdivision 1 of section 897 of the general business law, as
added by chapter 189 of the laws of 2000, is amended to read as follows:
S. 1505--A 87 A. 2005--A
1. A national instant criminal background check shall be conducted and
no person shall sell or transfer a firearm, rifle or shotgun at a gun
show, except in accordance with the provisions of 18 U.S.C. 922(t),
PROVIDED THAT BEFORE DELIVERING A FIREARM, RIFLE OR SHOTGUN TO ANY
PERSON, EITHER (A) THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
(NICS) OR ITS SUCCESSOR HAS ISSUED A "PROCEED" RESPONSE TO THE SELLER OR
TRANSFEROR, OR (B) TEN BUSINESS DAYS SHALL HAVE ELAPSED SINCE THE DATE
THE SELLER OR TRANSFEROR CONTACTED NICS TO INITIATE A NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK AND NICS HAS NOT NOTIFIED THE SELLER OR
TRANSFEROR THAT THE TRANSFER OF THE FIREARM, RIFLE OR SHOTGUN TO SUCH
PERSON SHOULD BE DENIED.
§ 4. Subdivisions 1 and 2 of section 898 of the general business law,
as added by chapter 1 of the laws of 2013, are amended to read as
follows:
1. In addition to any other requirements pursuant to state and feder-
al law, all sales, exchanges or disposals of firearms, rifles or shot-
guns shall be conducted in accordance with this section unless such
sale, exchange or disposal is conducted by a licensed importer, licensed
manufacturer or licensed dealer, as those terms are defined in 18 USC §
922, when such sale, exchange or disposal is conducted pursuant to that
person's federal firearms license or such sale, exchange or disposal is
between members of an immediate family. WHEN A SALE, EXCHANGE OR
DISPOSAL IS CONDUCTED PURSUANT TO A PERSON'S FEDERAL FIREARMS LICENSE,
BEFORE DELIVERING A FIREARM, RIFLE OR SHOTGUN TO ANY PERSON, EITHER (A)
THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS) OR ITS
SUCCESSOR HAS ISSUED A "PROCEED" RESPONSE TO THE FEDERAL FIREARMS LICEN-
SEE, OR (B) TEN BUSINESS DAYS SHALL HAVE ELAPSED SINCE THE DATE THE
FEDERAL FIREARMS LICENSEE CONTACTED NICS TO INITIATE A NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK AND NICS HAS NOT NOTIFIED THE FEDERAL FIREARMS
LICENSEE THAT THE TRANSFER OF THE FIREARM, RIFLE OR SHOTGUN TO SUCH
PERSON SHOULD BE DENIED. For purposes of this section, "immediate fami-
ly" shall mean spouses, domestic partners, children and step-children.
2. Before any sale, exchange or disposal pursuant to this article, a
national instant criminal background check must be completed by a dealer
who consents to conduct such check, and upon completion of such back-
ground check, shall complete a document, the form of which shall be
approved by the superintendent of state police, that identifies and
confirms that such check was performed. BEFORE A DEALER WHO CONSENTS TO
CONDUCT A NATIONAL INSTANT CRIMINAL BACKGROUND CHECK DELIVERS A FIREARM,
RIFLE OR SHOTGUN TO ANY PERSON, EITHER (A) NICS ISSUED A "PROCEED"
RESPONSE TO THE DEALER, OR (B) TEN BUSINESS DAYS SHALL HAVE ELAPSED
SINCE THE DATE THE DEALER CONTACTED NICS TO INITIATE A NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK AND NICS HAS NOT NOTIFIED THE DEALER THAT THE
TRANSFER OF THE FIREARM, RIFLE OR SHOTGUN TO SUCH PERSON SHOULD BE
DENIED.
§ 5. This act shall take effect on the forty-fifth day after it shall
have become a law.
PART Z
Section 1. The civil practice law and rules is amended by adding a new
article 63-A to read as follows:
ARTICLE 63-A
EXTREME RISK PROTECTION ORDERS
SECTION 6340. DEFINITIONS.
6341. APPLICATION FOR AN EXTREME RISK PROTECTION ORDER.
S. 1505--A 88 A. 2005--A
6342. ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER.
6343. ISSUANCE OF A FINAL EXTREME RISK PROTECTION ORDER.
6344. SURRENDER AND REMOVAL OF FIREARMS, RIFLES AND SHOTGUNS
PURSUANT TO AN EXTREME RISK PROTECTION ORDER.
6345. REQUEST FOR RENEWAL OF AN EXTREME RISK PROTECTION ORDER.
6346. EXPIRATION OF AN EXTREME RISK PROTECTION ORDER.
6347. EFFECT OF FINDINGS AND DETERMINATIONS IN SUBSEQUENT
PROCEEDINGS.
§ 6340. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
1. "EXTREME RISK PROTECTION ORDER" MEANS A COURT-ISSUED ORDER OF
PROTECTION PROHIBITING A PERSON FROM PURCHASING, POSSESSING OR ATTEMPT-
ING TO PURCHASE OR POSSESS A FIREARM, RIFLE OR SHOTGUN.
2. "PETITIONER" MEANS: (A) A POLICE OFFICER, AS DEFINED IN SECTION
1.20 OF THE CRIMINAL PROCEDURE LAW, OR DISTRICT ATTORNEY WITH JURISDIC-
TION IN THE COUNTY OR CITY WHERE THE PERSON AGAINST WHOM THE ORDER IS
SOUGHT RESIDES; (B) A FAMILY OR HOUSEHOLD MEMBER, AS DEFINED IN SUBDIVI-
SION TWO OF SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES
LAW, OF THE PERSON AGAINST WHOM THE ORDER IS SOUGHT; OR (C) A SCHOOL
OFFICIAL OF ANY SCHOOL IN WHICH THE RESPONDENT IS CURRENTLY ENROLLED OR
IN WHICH THE RESPONDENT HAS BEEN ENROLLED IN THE SIX MONTHS IMMEDIATELY
PRECEDING THE FILING OF THE PETITION. FOR PURPOSES OF THIS ARTICLE,
SCHOOL OFFICIAL SHALL INCLUDE THE FOLLOWING: SCHOOL TEACHER, SCHOOL
GUIDANCE COUNSELOR, SCHOOL PSYCHOLOGIST, SCHOOL SOCIAL WORKER, SCHOOL
NURSE, SCHOOL ADMINISTRATOR OR OTHER SCHOOL PERSONNEL REQUIRED TO HOLD A
TEACHING OR ADMINISTRATIVE LICENSE OR CERTIFICATE, AND FULL OR PART-TIME
COMPENSATED SCHOOL EMPLOYEE REQUIRED TO HOLD A TEMPORARY COACHING
LICENSE OR PROFESSIONAL COACHING CERTIFICATE.
3. "RESPONDENT" MEANS THE PERSON AGAINST WHOM AN EXTREME RISK
PROTECTION ORDER IS OR MAY BE SOUGHT UNDER THIS ARTICLE.
4. "POSSESS" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVISION
EIGHT OF SECTION 10.00 OF THE PENAL LAW.
§ 6341. APPLICATION FOR AN EXTREME RISK PROTECTION ORDER. IN ACCORD-
ANCE WITH THIS ARTICLE, A PETITIONER MAY FILE A SWORN APPLICATION, AND
ACCOMPANYING SUPPORTING DOCUMENTATION, SETTING FORTH THE FACTS AND
CIRCUMSTANCES JUSTIFYING THE ISSUANCE OF AN EXTREME RISK PROTECTION
ORDER. SUCH APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE FILED IN
THE SUPREME COURT IN THE COUNTY IN WHICH THE RESPONDENT RESIDES. THE
CHIEF ADMINISTRATOR OF THE COURTS SHALL ADOPT FORMS THAT MAY BE USED FOR
PURPOSES OF SUCH APPLICATIONS AND THE COURT'S CONSIDERATION OF SUCH
APPLICATIONS. SUCH APPLICATION FORM SHALL INCLUDE INQUIRY AS TO WHETHER
THE PETITIONER KNOWS, OR HAS REASON TO BELIEVE, THAT THE RESPONDENT
OWNS, POSSESSES OR HAS ACCESS TO A FIREARM, RIFLE OR SHOTGUN AND IF SO,
A REQUEST THAT THE PETITIONER LIST OR DESCRIBE SUCH FIREARMS, RIFLES AND
SHOTGUNS, AND THE RESPECTIVE LOCATIONS THEREOF, WITH AS MUCH SPECIFICITY
AS POSSIBLE.
§ 6342. ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER. 1.
UPON APPLICATION OF A PETITIONER PURSUANT TO THIS ARTICLE, THE COURT MAY
ISSUE A TEMPORARY EXTREME RISK PROTECTION ORDER, EX PARTE OR OTHERWISE,
TO PROHIBIT THE RESPONDENT FROM PURCHASING, POSSESSING OR ATTEMPTING TO
PURCHASE OR POSSESS A FIREARM, RIFLE OR SHOTGUN, UPON A FINDING THAT
THERE IS PROBABLE CAUSE TO BELIEVE THE RESPONDENT IS LIKELY TO ENGAGE IN
CONDUCT THAT WOULD RESULT IN SERIOUS HARM TO HIMSELF, HERSELF OR OTHERS,
AS DEFINED IN PARAGRAPH ONE OR TWO OF SUBDIVISION (A) OF SECTION 9.39 OF
THE MENTAL HYGIENE LAW. SUCH APPLICATION FOR A TEMPORARY ORDER SHALL BE
DETERMINED IN WRITING ON THE SAME DAY THE APPLICATION IS FILED.
S. 1505--A 89 A. 2005--A
2. IN DETERMINING WHETHER GROUNDS FOR A TEMPORARY EXTREME RISK
PROTECTION ORDER EXIST, THE COURT SHALL CONSIDER ANY RELEVANT FACTORS
INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING ACTS OF THE RESPONDENT:
(A) A THREAT OR ACT OF VIOLENCE OR USE OF PHYSICAL FORCE DIRECTED
TOWARD SELF, THE PETITIONER, OR ANOTHER PERSON;
(B) A VIOLATION OR ALLEGED VIOLATION OF AN ORDER OF PROTECTION;
(C) ANY PENDING CHARGE OR CONVICTION FOR AN OFFENSE INVOLVING THE USE
OF A WEAPON;
(D) THE RECKLESS USE, DISPLAY OR BRANDISHING OF A FIREARM, RIFLE OR
SHOTGUN;
(E) ANY HISTORY OF A VIOLATION OF AN EXTREME RISK PROTECTION ORDER;
(F) EVIDENCE OF RECENT OR ONGOING ABUSE OF CONTROLLED SUBSTANCES OR
ALCOHOL; OR
(G) EVIDENCE OF RECENT ACQUISITION OF A FIREARM, RIFLE, SHOTGUN OR
OTHER DEADLY WEAPON OR DANGEROUS INSTRUMENT, OR ANY AMMUNITION THEREFOR.
IN CONSIDERING THE FACTORS UNDER THIS SUBDIVISION, THE COURT SHALL
CONSIDER THE TIME THAT HAS ELAPSED SINCE THE OCCURRENCE OF SUCH ACT OR
ACTS AND THE AGE OF THE PERSON AT THE TIME OF THE OCCURRENCE OF SUCH ACT
OR ACTS.
FOR THE PURPOSES OF THIS SUBDIVISION, "RECENT" MEANS WITHIN THE SIX
MONTHS PRIOR TO THE DATE THE PETITION WAS FILED.
3. THE APPLICATION OF THE PETITIONER AND SUPPORTING DOCUMENTATION, IF
ANY, SHALL SET FORTH THE FACTUAL BASIS FOR THE REQUEST AND PROBABLE
CAUSE FOR ISSUANCE OF A TEMPORARY ORDER. THE COURT MAY CONDUCT AN EXAM-
INATION UNDER OATH OF THE PETITIONER AND ANY WITNESS THE PETITIONER MAY
PRODUCE.
4. A TEMPORARY EXTREME RISK PROTECTION ORDER, IF WARRANTED, SHALL
ISSUE IN WRITING, AND SHALL INCLUDE:
(A) A STATEMENT OF THE GROUNDS FOUND FOR THE ISSUANCE OF THE ORDER;
(B) THE DATE AND TIME THE ORDER EXPIRES;
(C) THE ADDRESS OF THE COURT THAT ISSUED THE ORDER;
(D) A STATEMENT TO THE RESPONDENT: (I) DIRECTING THAT THE RESPONDENT
MAY NOT PURCHASE, POSSESS OR ATTEMPT TO PURCHASE OR POSSESS A FIREARM,
RIFLE OR SHOTGUN WHILE THE ORDER IS IN EFFECT AND THAT ANY FIREARM,
RIFLE OR SHOTGUN POSSESSED BY SUCH RESPONDENT SHALL BE PROMPTLY SURREN-
DERED TO ANY AUTHORIZED LAW ENFORCEMENT OFFICIAL IN THE SAME MANNER AS
SET FORTH IN SUBDIVISION FIVE OF SECTION 530.14 OF THE CRIMINAL PROCE-
DURE LAW;
(II) INFORMING THE RESPONDENT THAT THE COURT WILL HOLD A HEARING NO
SOONER THAN THREE NOR MORE THAN SIX BUSINESS DAYS AFTER SERVICE OF THE
TEMPORARY ORDER, TO DETERMINE WHETHER A FINAL EXTREME RISK PROTECTION
ORDER WILL BE ISSUED AND THE DATE, TIME AND LOCATION OF SUCH HEARING,
PROVIDED THAT THE RESPONDENT SHALL BE ENTITLED TO MORE THAN SIX DAYS
UPON REQUEST IN ORDER TO PREPARE FOR THE HEARING; AND (III) INFORMING
THE RESPONDENT THE HE OR SHE MAY SEEK THE ADVICE OF AN ATTORNEY AND THAT
AN ATTORNEY SHOULD BE CONSULTED PROMPTLY; AND
(E) A FORM TO BE COMPLETED AND EXECUTED BY THE RESPONDENT AT THE TIME
OF SERVICE OF THE TEMPORARY EXTREME RISK PROTECTION ORDER WHICH ELICITS
A LIST OF ALL FIREARMS, RIFLES AND SHOTGUNS POSSESSED BY THE RESPONDENT
AND THE PARTICULAR LOCATION OF EACH FIREARM, RIFLE OR SHOTGUN LISTED.
5. IF THE APPLICATION FOR A TEMPORARY EXTREME RISK PROTECTION ORDER IS
NOT GRANTED, THE COURT SHALL NOTIFY THE PETITIONER AND, UNLESS THE
APPLICATION IS VOLUNTARILY WITHDRAWN BY THE PETITIONER, NONETHELESS
SCHEDULE A HEARING ON THE APPLICATION FOR A FINAL EXTREME RISK
PROTECTION ORDER. SUCH HEARING SHALL BE SCHEDULED TO BE HELD PROMPTLY,
BUT IN ANY EVENT NO LATER THAN TEN BUSINESS DAYS AFTER THE DATE ON WHICH
S. 1505--A 90 A. 2005--A
SUCH APPLICATION IS SERVED ON THE RESPONDENT, PROVIDED, HOWEVER, THAT
THE RESPONDENT MAY REQUEST, AND THE COURT MAY GRANT, ADDITIONAL TIME TO
ALLOW THE RESPONDENT TO PREPARE FOR THE HEARING. A NOTICE OF SUCH HEAR-
ING SHALL BE PREPARED BY THE COURT AND SHALL INCLUDE THE DATE AND TIME
OF THE HEARING, THE ADDRESS OF THE COURT, AND THE SUBJECT OF THE HEAR-
ING.
6. (A) THE COURT SHALL, IN THE MANNER SPECIFIED IN PARAGRAPH (B) OF
THIS SUBDIVISION, ARRANGE FOR PROMPT SERVICE OF A COPY OF THE TEMPORARY
EXTREME RISK PROTECTION ORDER, IF ANY, THE APPLICATION THEREFOR AND, IF
SEPARATELY APPLIED FOR OR IF A TEMPORARY EXTREME RISK PROTECTION ORDER
WAS NOT GRANTED, THE APPLICATION FOR AN EXTREME RISK PROTECTION ORDER,
ANY NOTICE OF HEARING PREPARED BY THE COURT, ALONG WITH ANY ASSOCIATED
PAPERS INCLUDING THE PETITION AND ANY SUPPORTING DOCUMENTATION,
PROVIDED, THAT THE COURT MAY REDACT THE ADDRESS AND CONTACT INFORMATION
OF THE PETITIONER FROM SUCH APPLICATION AND PAPERS WHERE THE COURT FINDS
THAT DISCLOSURE OF SUCH ADDRESS OR OTHER CONTACT INFORMATION WOULD POSE
AN UNREASONABLE RISK TO THE HEALTH OR SAFETY OF THE PETITIONER.
(B) THE COURT SHALL PROVIDE COPIES OF SUCH DOCUMENTS TO THE APPROPRI-
ATE LAW ENFORCEMENT AGENCY SERVING THE JURISDICTION OF THE RESPONDENT'S
RESIDENCE WITH A DIRECTION THAT SUCH DOCUMENTS BE PROMPTLY SERVED, AT NO
COST TO THE PETITIONER, ON THE RESPONDENT; PROVIDED, HOWEVER, THAT THE
PETITIONER MAY VOLUNTARILY ARRANGE FOR SERVICE OF COPIES OF SUCH ORDER
AND ASSOCIATED PAPERS THROUGH A THIRD PARTY, SUCH AS A LICENSED PROCESS
SERVER.
7. (A) THE COURT SHALL NOTIFY THE DIVISION OF STATE POLICE, ANY OTHER
LAW ENFORCEMENT AGENCY WITH JURISDICTION, ALL APPLICABLE LICENSING OFFI-
CERS, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES OF THE ISSUANCE OF A
TEMPORARY EXTREME RISK PROTECTION ORDER AND PROVIDE A COPY OF SUCH ORDER
NO LATER THAN THE NEXT BUSINESS DAY AFTER ISSUING THE ORDER TO SUCH
PERSONS OR AGENCIES. THE COURT ALSO SHALL PROMPTLY NOTIFY SUCH PERSONS
AND AGENCIES AND PROVIDE A COPY OF ANY ORDER AMENDING OR REVOKING SUCH
PROTECTION ORDER OR RESTORING THE RESPONDENT'S ABILITY TO OWN OR POSSESS
FIREARMS, RIFLES OR SHOTGUNS NO LATER THAN THE NEXT BUSINESS DAY AFTER
ISSUING THE ORDER TO RESTORE SUCH RIGHT TO THE RESPONDENT. THE COURT
ALSO SHALL REPORT SUCH DEMOGRAPHIC DATA AS REQUIRED BY THE STATE DIVI-
SION OF CRIMINAL JUSTICE SERVICES AT THE TIME SUCH ORDER IS TRANSMITTED
THERETO. ANY NOTICE OR REPORT SUBMITTED PURSUANT TO THIS SUBDIVISION
SHALL BE IN AN ELECTRONIC FORMAT, IN A MANNER PRESCRIBED BY THE DIVISION
OF CRIMINAL JUSTICE SERVICES.
(B) UPON RECEIVING NOTICE OF THE ISSUANCE OF A TEMPORARY EXTREME RISK
PROTECTION ORDER, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL IMME-
DIATELY REPORT THE EXISTENCE OF SUCH ORDER TO THE FEDERAL BUREAU OF
INVESTIGATION TO ALLOW THE BUREAU TO IDENTIFY PERSONS PROHIBITED FROM
PURCHASING FIREARMS, RIFLES OR SHOTGUNS. THE DIVISION SHALL ALSO IMME-
DIATELY REPORT TO THE BUREAU THE EXPIRATION OF ANY SUCH PROTECTION
ORDER, ANY COURT ORDER AMENDING OR REVOKING SUCH PROTECTION ORDER OR
RESTORING THE RESPONDENT'S ABILITY TO PURCHASE A FIREARM, RIFLE OR SHOT-
GUN.
8. A LAW ENFORCEMENT OFFICER SERVING A TEMPORARY EXTREME RISK
PROTECTION ORDER SHALL REQUEST THAT THE RESPONDENT IMMEDIATELY SURRENDER
TO THE OFFICER ALL FIREARMS, RIFLES AND SHOTGUNS IN THE RESPONDENT'S
POSSESSION AND THE OFFICER SHALL CONDUCT ANY SEARCH PERMITTED BY LAW FOR
SUCH FIREARMS. THE LAW ENFORCEMENT OFFICER SHALL TAKE POSSESSION OF ALL
FIREARMS, RIFLES AND SHOTGUNS THAT ARE SURRENDERED, THAT ARE IN PLAIN
SIGHT, OR THAT ARE DISCOVERED PURSUANT TO A LAWFUL SEARCH. AS PART OF
THE ORDER, THE COURT MAY ALSO DIRECT A POLICE OFFICER TO SEARCH FOR
S. 1505--A 91 A. 2005--A
FIREARMS, RIFLES AND SHOTGUNS IN THE RESPONDENT'S POSSESSION IN A MANNER
CONSISTENT WITH THE PROCEDURES OF ARTICLE SIX HUNDRED NINETY OF THE
CRIMINAL PROCEDURE LAW.
9. UPON ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER, OR UPON
SETTING A HEARING FOR A FINAL EXTREME RISK PROTECTION ORDER WHERE A
TEMPORARY ORDER IS DENIED OR NOT REQUESTED, THE COURT SHALL DIRECT THE
LAW ENFORCEMENT AGENCY HAVING JURISDICTION TO CONDUCT A BACKGROUND
INVESTIGATION AND REPORT TO THE COURT AND, SUBJECT TO ANY APPROPRIATE
REDACTIONS TO PROTECT ANY PERSON, EACH PARTY REGARDING WHETHER THE
RESPONDENT:
(A) HAS ANY PRIOR CRIMINAL CONVICTION FOR AN OFFENSE INVOLVING DOMES-
TIC VIOLENCE, USE OF A WEAPON, OR OTHER VIOLENCE;
(B) HAS ANY CRIMINAL CHARGE OR VIOLATION CURRENTLY PENDING AGAINST HIM
OR HER;
(C) IS CURRENTLY ON PAROLE OR PROBATION;
(D) POSSESSES ANY REGISTERED FIREARMS, RIFLES OR SHOTGUNS; AND
(E) HAS BEEN, OR IS, SUBJECT TO ANY ORDER OF PROTECTION OR HAS
VIOLATED OR ALLEGEDLY VIOLATED ANY ORDER OF PROTECTION.
§ 6343. ISSUANCE OF A FINAL EXTREME RISK PROTECTION ORDER. 1. IN
ACCORDANCE WITH THIS ARTICLE, NO SOONER THAN THREE BUSINESS DAYS NOR
LATER THAN SIX BUSINESS DAYS AFTER SERVICE OF A TEMPORARY EXTREME RISK
PROTECTION ORDER AND, ALTERNATIVELY, NO LATER THAN TEN BUSINESS DAYS
AFTER SERVICE OF AN APPLICATION UNDER THIS ARTICLE WHERE NO TEMPORARY
EXTREME RISK PROTECTION ORDER HAS BEEN ISSUED, THE SUPREME COURT SHALL
HOLD A HEARING TO DETERMINE WHETHER TO ISSUE A FINAL EXTREME RISK
PROTECTION ORDER AND, WHEN APPLICABLE, WHETHER A FIREARM, RIFLE OR SHOT-
GUN SURRENDERED BY, OR REMOVED FROM, THE RESPONDENT SHOULD BE RETURNED
TO THE RESPONDENT. THE RESPONDENT SHALL BE ENTITLED TO MORE THAN SIX
BUSINESS DAYS IF A TEMPORARY EXTREME RISK PROTECTION ORDER HAS BEEN
ISSUED AND THE RESPONDENT REQUESTS A REASONABLE PERIOD OF ADDITIONAL
TIME TO PREPARE FOR THE HEARING. WHERE NO TEMPORARY ORDER HAS BEEN
ISSUED, THE RESPONDENT MAY REQUEST, AND THE COURT MAY GRANT, ADDITIONAL
TIME BEYOND THE TEN DAYS TO ALLOW THE RESPONDENT TO PREPARE FOR THE
HEARING.
2. AT THE HEARING PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE
PETITIONER SHALL HAVE THE BURDEN OF PROVING, BY CLEAR AND CONVINCING
EVIDENCE, THAT THE RESPONDENT IS LIKELY TO ENGAGE IN CONDUCT THAT WOULD
RESULT IN SERIOUS HARM TO HIMSELF, HERSELF OR OTHERS, AS DEFINED IN
PARAGRAPH ONE OR TWO OF SUBDIVISION (A) OF SECTION 9.39 OF THE MENTAL
HYGIENE LAW. THE COURT MAY CONSIDER THE PETITION AND ANY EVIDENCE
SUBMITTED BY THE PETITIONER, ANY EVIDENCE SUBMITTED BY THE RESPONDENT,
ANY TESTIMONY PRESENTED, AND THE REPORT OF THE RELEVANT LAW ENFORCEMENT
AGENCY SUBMITTED PURSUANT TO SUBDIVISION NINE OF SECTION SIXTY-THREE
HUNDRED FORTY-TWO OF THIS ARTICLE. THE COURT SHALL ALSO CONSIDER THE
FACTORS SET FORTH IN SUBDIVISION TWO OF SECTION SIXTY-THREE HUNDRED
FORTY-TWO OF THIS ARTICLE.
3. (A) AFTER THE HEARING PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
THE COURT SHALL ISSUE A WRITTEN ORDER GRANTING OR DENYING THE EXTREME
RISK PROTECTION ORDER AND SETTING FORTH THE REASONS FOR SUCH DETERMI-
NATION. IF THE EXTREME RISK PROTECTION ORDER IS GRANTED, THE COURT SHALL
DIRECT SERVICE OF SUCH ORDER IN THE MANNER AND IN ACCORDANCE WITH THE
PROTECTIONS FOR THE PETITIONER SET FORTH IN SUBDIVISION SIX OF SECTION
SIXTY-THREE HUNDRED FORTY-TWO OF THIS ARTICLE.
(B) UPON ISSUANCE OF AN EXTREME RISK PROTECTION ORDER: (I) ANY
FIREARM, RIFLE OR SHOTGUN REMOVED PURSUANT TO A TEMPORARY EXTREME RISK
PROTECTION ORDER OR SUCH EXTREME RISK PROTECTION ORDER SHALL BE RETAINED
S. 1505--A 92 A. 2005--A
BY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE DURATION OF
THE ORDER, UNLESS OWNERSHIP OF THE FIREARM, RIFLE OR SHOTGUN IS LEGALLY
TRANSFERRED BY THE RESPONDENT TO ANOTHER INDIVIDUAL PERMITTED BY LAW TO
OWN AND POSSESS SUCH FIREARM, RIFLE OR SHOTGUN; (II) THE SUPREME COURT
SHALL TEMPORARILY SUSPEND ANY EXISTING FIREARM LICENSE POSSESSED BY THE
RESPONDENT AND ORDER THE RESPONDENT TEMPORARILY INELIGIBLE FOR SUCH A
LICENSE; (III) THE RESPONDENT SHALL BE PROHIBITED FROM PURCHASING OR
POSSESSING, OR ATTEMPTING TO PURCHASE OR POSSESS, A FIREARM, RIFLE OR
SHOTGUN; AND (IV) THE COURT SHALL DIRECT THE RESPONDENT TO SURRENDER ANY
FIREARM, RIFLE OR SHOTGUN IN HIS OR HER POSSESSION IN THE SAME MANNER AS
SET FORTH IN SUBDIVISION FIVE OF SECTION 530.14 OF THE CRIMINAL PROCE-
DURE LAW.
(C) AN EXTREME RISK PROTECTION ORDER ISSUED IN ACCORDANCE WITH THIS
SECTION SHALL EXTEND, AS SPECIFIED BY THE COURT, FOR A PERIOD OF UP TO
ONE YEAR FROM THE DATE OF THE ISSUANCE OF SUCH ORDER; PROVIDED, HOWEVER,
THAT IF SUCH ORDER WAS IMMEDIATELY PRECEDED BY THE ISSUANCE OF A TEMPO-
RARY EXTREME RISK PROTECTION ORDER, THEN THE DURATION OF THE EXTREME
RISK PROTECTION ORDER SHALL BE MEASURED FROM THE DATE OF ISSUANCE OF
SUCH TEMPORARY EXTREME RISK PROTECTION ORDER.
(D) A LAW ENFORCEMENT OFFICER SERVING A FINAL EXTREME RISK PROTECTION
ORDER SHALL REQUEST THAT THE RESPONDENT IMMEDIATELY SURRENDER TO THE
OFFICER ALL FIREARMS, RIFLES AND SHOTGUNS IN THE RESPONDENT'S POSSESSION
AND THE OFFICER SHALL CONDUCT ANY SEARCH PERMITTED BY LAW FOR SUCH
FIREARMS. THE LAW ENFORCEMENT OFFICER SHALL TAKE POSSESSION OF ALL
FIREARMS, RIFLES AND SHOTGUNS THAT ARE SURRENDERED, THAT ARE IN PLAIN
SIGHT, OR THAT ARE DISCOVERED PURSUANT TO A LAWFUL SEARCH. AS PART OF
THE ORDER, THE COURT MAY ALSO DIRECT A POLICE OFFICER TO SEARCH FOR
FIREARMS, RIFLES AND SHOTGUNS IN A RESPONDENT'S POSSESSION CONSISTENT
WITH THE PROCEDURES OF ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCE-
DURE LAW.
4. (A) THE COURT SHALL NOTIFY THE DIVISION OF STATE POLICE, ANY OTHER
LAW ENFORCEMENT AGENCY WITH JURISDICTION, ALL APPLICABLE LICENSING OFFI-
CERS, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES OF THE ISSUANCE OF A
FINAL EXTREME RISK PROTECTION ORDER AND PROVIDE A COPY OF SUCH ORDER TO
SUCH PERSONS AND AGENCIES NO LATER THAN THE NEXT BUSINESS DAY AFTER
ISSUING THE ORDER. THE COURT ALSO SHALL PROMPTLY NOTIFY SUCH PERSONS AND
AGENCIES AND PROVIDE A COPY OF ANY ORDER AMENDING OR REVOKING SUCH
PROTECTION ORDER OR RESTORING THE RESPONDENT'S ABILITY TO OWN OR POSSESS
FIREARMS, RIFLES OR SHOTGUNS NO LATER THAN THE NEXT BUSINESS DAY AFTER
ISSUING THE ORDER TO RESTORE SUCH RIGHT TO THE RESPONDENT. ANY NOTICE OR
REPORT SUBMITTED PURSUANT TO THIS SUBDIVISION SHALL BE IN AN ELECTRONIC
FORMAT, IN A MANNER PRESCRIBED BY THE DIVISION OF CRIMINAL JUSTICE
SERVICES.
(B) UPON RECEIVING NOTICE OF THE ISSUANCE OF A FINAL EXTREME RISK
PROTECTION ORDER, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL IMME-
DIATELY REPORT THE EXISTENCE OF SUCH ORDER TO THE FEDERAL BUREAU OF
INVESTIGATION TO ALLOW THE BUREAU TO IDENTIFY PERSONS PROHIBITED FROM
PURCHASING FIREARMS, RIFLES OR SHOTGUNS. THE DIVISION SHALL ALSO IMME-
DIATELY REPORT TO THE BUREAU THE EXPIRATION OF SUCH PROTECTION ORDER AND
ANY COURT ORDER AMENDING OR REVOKING SUCH PROTECTION ORDER OR RESTORING
THE RESPONDENT'S ABILITY TO PURCHASE A FIREARM, RIFLE OR SHOTGUN.
5. (A) IF, IN ACCORDANCE WITH A TEMPORARY EXTREME RISK PROTECTION
ORDER, A FIREARM, RIFLE OR SHOTGUN HAS BEEN SURRENDERED BY OR REMOVED
FROM THE RESPONDENT, AND THE SUPREME COURT SUBSEQUENTLY FINDS THAT THE
PETITIONER HAS NOT MET THE REQUIRED STANDARD OF PROOF, THE COURT'S FIND-
ING SHALL INCLUDE A WRITTEN ORDER, ISSUED TO ALL PARTIES, DIRECTING THAT
S. 1505--A 93 A. 2005--A
ANY FIREARM, RIFLE OR SHOTGUN SURRENDERED OR REMOVED PURSUANT TO SUCH
TEMPORARY ORDER SHALL BE RETURNED TO THE RESPONDENT, UPON A WRITTEN
FINDING THAT THERE IS NO LEGAL IMPEDIMENT TO THE RESPONDENT'S POSSESSION
OF SUCH FIREARM, RIFLE OR SHOTGUN.
(B) IF ANY OTHER PERSON DEMONSTRATES THAT HE OR SHE IS THE LAWFUL
OWNER OF ANY FIREARM, RIFLE OR SHOTGUN SURRENDERED OR REMOVED PURSUANT
TO A PROTECTION ORDER ISSUED IN ACCORDANCE WITH THIS ARTICLE, AND
PROVIDED THAT THE COURT HAS MADE A WRITTEN FINDING THAT THERE IS NO
LEGAL IMPEDIMENT TO THE PERSON'S POSSESSION OF A SURRENDERED OR REMOVED
FIREARM, RIFLE OR SHOTGUN, THE COURT SHALL DIRECT THAT SUCH FIREARM,
RIFLE OR SHOTGUN BE RETURNED TO SUCH LAWFUL OWNER AND INFORM SUCH PERSON
OF THE OBLIGATION TO SAFELY STORE SUCH FIREARM, RIFLE, OR SHOTGUN IN
ACCORDANCE WITH SECTION 265.45 OF THE PENAL LAW.
6. THE RESPONDENT SHALL BE NOTIFIED ON THE RECORD AND IN WRITING BY
THE COURT THAT HE OR SHE MAY SUBMIT ONE WRITTEN REQUEST, AT ANY TIME
DURING THE EFFECTIVE PERIOD OF AN EXTREME RISK PROTECTION ORDER, FOR A
HEARING SETTING ASIDE ANY PORTION OF SUCH ORDER. THE REQUEST SHALL BE
SUBMITTED IN SUBSTANTIALLY THE SAME FORM AND MANNER AS PRESCRIBED BY THE
CHIEF ADMINISTRATOR OF THE COURTS. UPON SUCH REQUEST, THE COURT SHALL
PROMPTLY HOLD A HEARING, IN ACCORDANCE WITH THIS ARTICLE, AFTER PROVID-
ING REASONABLE NOTICE TO THE PETITIONER. THE RESPONDENT SHALL BEAR THE
BURDEN TO PROVE, BY CLEAR AND CONVINCING EVIDENCE, ANY CHANGE OF CIRCUM-
STANCES THAT MAY JUSTIFY A CHANGE TO THE ORDER.
§ 6344. SURRENDER AND REMOVAL OF FIREARMS, RIFLES AND SHOTGUNS PURSU-
ANT TO AN EXTREME RISK PROTECTION ORDER. 1. WHEN A LAW ENFORCEMENT OFFI-
CER TAKES ANY FIREARM, RIFLE OR SHOTGUN PURSUANT TO A TEMPORARY EXTREME
RISK PROTECTION ORDER OR A FINAL EXTREME RISK PROTECTION ORDER, THE
OFFICER SHALL GIVE TO THE PERSON FROM WHOM SUCH FIREARM, RIFLE OR SHOT-
GUN IS TAKEN A RECEIPT OR VOUCHER FOR THE PROPERTY TAKEN, DESCRIBING THE
PROPERTY IN DETAIL. IN THE ABSENCE OF A PERSON, THE OFFICER SHALL LEAVE
THE RECEIPT OR VOUCHER IN THE PLACE WHERE THE PROPERTY WAS FOUND, MAIL A
COPY OF THE RECEIPT OR VOUCHER, RETAINING PROOF OF MAILING, TO THE LAST
KNOWN ADDRESS OF THE RESPONDENT AND, IF DIFFERENT, THE OWNER OF THE
FIREARM, RIFLE OR SHOTGUN, AND FILE A COPY OF SUCH RECEIPT OR VOUCHER
WITH THE COURT. ALL FIREARMS, RIFLES AND SHOTGUNS IN THE POSSESSION OF A
LAW ENFORCEMENT OFFICIAL PURSUANT TO THIS ARTICLE SHALL BE SUBJECT TO
THE PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO SUBDIVI-
SION SIX OF SECTION 400.05 OF THE PENAL LAW; PROVIDED, HOWEVER, THAT ANY
SUCH FIREARM, RIFLE OR SHOTGUN SHALL BE RETAINED AND NOT DISPOSED OF BY
THE LAW ENFORCEMENT AGENCY FOR AT LEAST TWO YEARS UNLESS LEGALLY TRANS-
FERRED BY THE RESPONDENT TO AN INDIVIDUAL PERMITTED BY LAW TO OWN AND
POSSESS SUCH FIREARM, RIFLE OR SHOTGUN.
2. IF THE LOCATION TO BE SEARCHED DURING THE EXECUTION OF A TEMPORARY
EXTREME RISK PROTECTION ORDER OR EXTREME RISK PROTECTION ORDER IS JOINT-
LY OCCUPIED BY TWO OR MORE PARTIES, AND A FIREARM, RIFLE OR SHOTGUN
LOCATED DURING THE EXECUTION OF SUCH ORDER IS OWNED BY A PERSON OTHER
THAN THE RESPONDENT, THE COURT SHALL, UPON A WRITTEN FINDING THAT THERE
IS NO LEGAL IMPEDIMENT TO THE PERSON OTHER THAN THE RESPONDENT'S
POSSESSION OF SUCH FIREARM, RIFLE OR SHOTGUN, ORDER THE RETURN OF SUCH
FIREARM, RIFLE OR SHOTGUN TO SUCH LAWFUL OWNER AND INFORM SUCH PERSON OF
THEIR OBLIGATION TO SAFELY STORE THEIR FIREARM, RIFLE, OR SHOTGUN IN
ACCORDANCE WITH SECTION 265.45 OF THE PENAL LAW.
§ 6345. REQUEST FOR RENEWAL OF AN EXTREME RISK PROTECTION ORDER. 1.
IF A PETITIONER BELIEVES A PERSON SUBJECT TO AN EXTREME RISK PROTECTION
ORDER CONTINUES TO BE LIKELY TO ENGAGE IN CONDUCT THAT WOULD RESULT IN
SERIOUS HARM TO HIMSELF, HERSELF, OR OTHERS, AS DEFINED IN PARAGRAPH ONE
S. 1505--A 94 A. 2005--A
OR TWO OF SUBDIVISION (A) OF SECTION 9.39 OF THE MENTAL HYGIENE LAW,
SUCH PETITIONER MAY, AT ANY TIME WITHIN SIXTY DAYS PRIOR TO THE EXPIRA-
TION OF SUCH EXISTING EXTREME RISK PROTECTION ORDER, INITIATE A REQUEST
FOR A RENEWAL OF SUCH ORDER, SETTING FORTH THE FACTS AND CIRCUMSTANCES
NECESSITATING THE REQUEST. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL
ADOPT FORMS THAT MAY BE USED FOR PURPOSES OF SUCH APPLICATIONS AND THE
COURT'S CONSIDERATION OF SUCH APPLICATIONS. THE COURT MAY ISSUE A TEMPO-
RARY EXTREME RISK PROTECTION ORDER IN ACCORDANCE WITH SECTION SIXTY-
THREE HUNDRED FORTY-TWO OF THIS ARTICLE, DURING THE PERIOD THAT A
REQUEST FOR RENEWAL OF AN EXTREME RISK PROTECTION ORDER IS UNDER CONSID-
ERATION PURSUANT TO THIS SECTION.
2. A HEARING HELD PURSUANT TO THIS SECTION SHALL BE CONDUCTED IN THE
SUPREME COURT, IN ACCORDANCE WITH SECTION SIXTY-THREE HUNDRED FORTY-
THREE OF THIS ARTICLE, TO DETERMINE IF A REQUEST FOR RENEWAL OF THE
ORDER SHALL BE GRANTED. THE RESPONDENT SHALL BE SERVED WITH WRITTEN
NOTICE OF AN APPLICATION FOR RENEWAL A REASONABLE TIME BEFORE THE HEAR-
ING, AND SHALL BE AFFORDED AN OPPORTUNITY TO FULLY PARTICIPATE IN THE
HEARING. THE COURT SHALL DIRECT SERVICE OF SUCH APPLICATION AND THE
ACCOMPANYING PAPERS IN THE MANNER AND IN ACCORDANCE WITH THE PROTECTIONS
FOR THE PETITIONER SET FORTH IN SUBDIVISION SIX OF SECTION SIXTY-THREE
HUNDRED FORTY-TWO OF THIS ARTICLE.
§ 6346. EXPIRATION OF AN EXTREME RISK PROTECTION ORDER. 1. A
PROTECTION ORDER ISSUED PURSUANT TO THIS ARTICLE, AND ALL RECORDS OF ANY
PROCEEDINGS CONDUCTED PURSUANT TO THIS ARTICLE, SHALL BE SEALED UPON
EXPIRATION OF SUCH ORDER AND THE CLERK OF THE COURT WHEREIN SUCH
PROCEEDINGS WERE CONDUCTED SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF
THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE HEADS OF ALL APPROPRIATE
POLICE DEPARTMENTS, APPLICABLE LICENSING OFFICERS, AND ALL OTHER APPRO-
PRIATE LAW ENFORCEMENT AGENCIES THAT THE ORDER HAS EXPIRED AND THAT THE
RECORD OF SUCH PROTECTION ORDER SHALL BE SEALED AND NOT BE MADE AVAIL-
ABLE TO ANY PERSON OR PUBLIC OR PRIVATE ENTITY, EXCEPT THAT SUCH RECORDS
SHALL BE MADE AVAILABLE TO:
(A) THE RESPONDENT OR THE RESPONDENT'S DESIGNATED AGENT;
(B) COURTS IN THE UNIFIED COURT SYSTEM;
(C) POLICE FORCES AND DEPARTMENTS HAVING RESPONSIBILITY FOR ENFORCE-
MENT OF THE GENERAL CRIMINAL LAWS OF THE STATE;
(D) ANY STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE
ISSUANCE OF LICENSES TO POSSESS A FIREARM, RIFLE OR SHOTGUN, WHEN THE
RESPONDENT HAS MADE APPLICATION FOR SUCH A LICENSE; AND
(E) ANY PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS
THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF
SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, IN RELATION TO AN APPLICA-
TION FOR EMPLOYMENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED,
HOWEVER, THAT EVERY PERSON WHO IS AN APPLICANT FOR THE POSITION OF
POLICE OFFICER OR PEACE OFFICER SHALL BE FURNISHED WITH A COPY OF ALL
RECORDS OBTAINED UNDER THIS SUBPARAGRAPH AND AFFORDED AN OPPORTUNITY TO
MAKE AN EXPLANATION THERETO.
2. UPON EXPIRATION OF A PROTECTION ORDER ISSUED PURSUANT TO THIS ARTI-
CLE AND UPON WRITTEN APPLICATION OF THE RESPONDENT WHO IS THE SUBJECT OF
SUCH ORDER, WITH NOTICE AND OPPORTUNITY TO BE HEARD TO THE PETITIONER
AND EVERY LICENSING OFFICER RESPONSIBLE FOR ISSUANCE OF A FIREARM
LICENSE TO THE SUBJECT OF THE ORDER PURSUANT TO ARTICLE FOUR HUNDRED OF
THE PENAL LAW, AND UPON A WRITTEN FINDING THAT THERE IS NO LEGAL IMPED-
IMENT TO THE RESPONDENT'S POSSESSION OF A SURRENDERED FIREARM, RIFLE OR
SHOTGUN, THE COURT SHALL ORDER THE RETURN OF A FIREARM, RIFLE OR SHOTGUN
NOT OTHERWISE DISPOSED OF IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION
S. 1505--A 95 A. 2005--A
SIXTY-THREE HUNDRED FORTY-FOUR OF THIS ARTICLE. WHEN ISSUING SUCH ORDER
IN CONNECTION WITH ANY FIREARM SUBJECT TO A LICENSE REQUIREMENT UNDER
ARTICLE FOUR HUNDRED OF THE PENAL LAW, IF THE LICENSING OFFICER INFORMS
THE COURT THAT HE OR SHE WILL SEEK TO REVOKE THE LICENSE, THE ORDER
SHALL BE STAYED BY THE COURT UNTIL THE CONCLUSION OF ANY LICENSE REVOCA-
TION PROCEEDING.
§ 6347. EFFECT OF FINDINGS AND DETERMINATIONS IN SUBSEQUENT
PROCEEDINGS. NOTWITHSTANDING ANY CONTRARY CLAIM BASED ON COMMON LAW OR
A PROVISION OF ANY OTHER LAW, NO FINDING OR DETERMINATION MADE PURSUANT
TO THIS ARTICLE SHALL BE INTERPRETED AS BINDING, OR HAVING COLLATERAL
ESTOPPEL OR SIMILAR EFFECT, IN ANY OTHER ACTION OR PROCEEDING, OR WITH
RESPECT TO ANY OTHER DETERMINATION OR FINDING, IN ANY COURT, FORUM OR
ADMINISTRATIVE PROCEEDING.
§ 2. Section 265.45 of the penal law, as amended by section 3 of part
FF of chapter 57 of the laws of 2013, is amended to read as follows:
§ 265.45 Safe storage of rifles, shotguns, and firearms.
No person who owns or is custodian of a rifle, shotgun or firearm who
resides with an individual who such person knows or has reason to know
is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g)
(1), (4), (8) or (9), OR PURSUANT TO A TEMPORARY OR FINAL EXTREME RISK
PROTECTION ORDER ISSUED UNDER ARTICLE SIXTY-THREE-A OF THE CIVIL PRAC-
TICE LAW AND RULES, shall store or otherwise leave such rifle, shotgun
or firearm out of his or her immediate possession or control without
having first securely locked such rifle, shotgun or firearm in an appro-
priate safe storage depository or rendered it incapable of being fired
by use of a gun locking device appropriate to that weapon. For purposes
of this section "safe storage depository" shall mean a safe or other
secure container which, when locked, is incapable of being opened with-
out the key, combination or other unlocking mechanism and is capable of
preventing an unauthorized person from obtaining access to and
possession of the weapon contained therein. With respect to a person who
is prohibited from possessing a firearm pursuant to 18 USC § 922(g)(9),
for purposes of this section, this section applies only if such person
has been convicted of a crime included in subdivision one of section
370.15 of the criminal procedure law and such gun is possessed within
five years from the later of the date of conviction or completion of
sentence. Nothing in this section shall be deemed to affect, impair or
supersede any special or local act relating to the safe storage of
rifles, shotguns or firearms which impose additional requirements on the
owner or custodian of such weapons.
A violation of this section shall constitute a class A misdemeanor.
§ 3. If any part or provision of this act is adjudged by a court of
competent jurisdiction to be unconstitutional or otherwise invalid, such
judgment shall not affect or impair any other part of provision of this
act, but shall be confined in its operation to such part or provision.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART AA
Section 1. This part enacts into law major components of legislation
which are necessary to reform the manner in which New York state pursues
justice before trial. This state, like most across the United States,
has for far too long needlessly incarcerated those meant to be guaran-
teed a presumption of innocence simply because of an inability to pay
bail and have forced those same people to choose between facing lengthy
S. 1505--A 96 A. 2005--A
prison sentences or a speedy return to society without providing them
with sufficient information regarding the case against them. This Part
will usher into New York true reforms in the areas of bail, discovery,
and speedy trial. Each component is wholly contained within a Subpart
identified as Subparts A through C. The effective date for each partic-
ular provision contained within such Subpart is set forth in the last
section of such Subpart. Any provision in any section contained within
a Subpart, including the effective date of the Subpart, which makes a
reference to a section "of this act", when used in connection with that
particular component, shall be deemed to mean and refer to the corre-
sponding section of the Subpart in which it is found.
SUBPART A
Section 1. Legislative findings. The legislature finds and declares
that there is a present need to revise New York's procedures regulating
release of persons charged with criminal offenses pending trial, set
forth in title P of the criminal procedure law, so that fewer presumed-
innocent people are held behind bars pretrial. First, the bill requires
the police to issue appearance tickets in misdemeanor and class E felony
cases, with enumerated exceptions, so that fewer people spend time in
jail before arraignment. Then after arraignment, the bill breaks the
link between paying money and earning freedom, so that defendants are
either released on their own recognizance or, failing that, released
under non-monetary conditions. The bill also revises the existing proc-
ess of remanding individuals in jail before trial, so that pretrial
detention can be ordered only in limited cases involving high risk of
flight or a current risk to the physical safety of a reasonably iden-
tifiable person or persons, and the order comports with Supreme Court
jurisprudence regarding required substantive and procedural due process
before detention.
§ 2. Subdivision 1 of section 150.20 of the criminal procedure law, as
amended by chapter 550 of the laws of 1987, is amended to read as
follows:
1. (A) Whenever a police officer is authorized pursuant to section
140.10 OF THIS TITLE to arrest a person without a warrant for an offense
other than a class A, B, C or D felony or a violation of section 130.25,
130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, he [may]
SHALL, EXCEPT AS SET OUT IN PARAGRAPH (B) OF THIS SUBDIVISION, subject
to the provisions of subdivisions three and four of section 150.40 OF
THIS TITLE, instead issue to and serve upon such person an appearance
ticket.
(B) AN OFFICER IS NOT REQUIRED TO ISSUE AN APPEARANCE TICKET IF THE
PERSON:
(I) HAS ONE OR MORE OUTSTANDING WARRANTS;
(II) HAS A DOCUMENTED HISTORY OF FAILURE TO APPEAR IN COURT
PROCEEDINGS;
(III) HAS BEEN GIVEN A REASONABLE OPPORTUNITY TO MAKE THEIR VERIFIABLE
IDENTITY AND A METHOD OF CONTACT KNOWN, AND HAS BEEN UNABLE OR UNWILLING
TO DO SO, SO THAT A CUSTODIAL ARREST IS NECESSARY TO SUBJECT THE INDI-
VIDUAL TO THE JURISDICTION OF THE COURT;
(IV) IS CHARGED WITH A CRIME OR OFFENSE BETWEEN MEMBERS OF THE SAME
FAMILY OR HOUSEHOLD, AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF
THIS CHAPTER;
(V) IS CHARGED WITH A CRIME OR OFFENSE INVOLVING SEXUAL MISCONDUCT
UNDER SECTION 130.00 OF THE PENAL LAW;
S. 1505--A 97 A. 2005--A
(VI) SHOULD, IN THE OFFICER'S ESTIMATION, BE BROUGHT BEFORE THE COURT
FOR CONSIDERATION OF ISSUANCE OF AN ORDER OF PROTECTION, PURSUANT TO
SECTION 530.13 OF THIS CHAPTER, BASED ON THE FACTS OF THE CRIME OR
OFFENSE THAT THE OFFICER HAS REASONABLE CAUSE TO BELIEVE OCCURRED;
(VII) SHOULD, IN THE OFFICER'S ESTIMATION, BE BROUGHT BEFORE THE COURT
FOR CONSIDERATION OF COURT-ORDERED RESTRICTIONS ON OPERATION OF A MOTOR
VEHICLE, BASED ON THE FACTS OF THE CRIME OR OFFENSE THAT THE OFFICER HAS
REASONABLE CAUSE TO BELIEVE OCCURRED;
(VIII) SHOULD, IN THE OFFICER'S ESTIMATION, BE BROUGHT BEFORE THE
COURT FOR CONSIDERATION OF COURT ORDERED MEDICAL OR MENTAL HEALTH
ASSESSMENT, BASED ON THE FACTS OF THE ALLEGED CRIME OR OFFENSE THAT THE
OFFICER HAS REASONABLE CAUSE TO BELIEVE OCCURRED AND THE OBSERVED BEHAV-
IOR OF THE INDIVIDUAL WHEN IN CONTACT WITH THE POLICE; OR
(IX) IS UNLIKELY TO RETURN TO COURT ON THE RETURN DATE OF AN APPEAR-
ANCE TICKET FOR REASONS SPECIFIC TO THE FACTS OF THE CASE THAT THE OFFI-
CER CAN ARTICULATE IN THE INFORMATION OR MISDEMEANOR COMPLAINT. THESE
REASONS CANNOT RELY SOLELY ON THE DEFENDANT'S PRIOR CRIMINAL HISTORY OR
PLACE OF RESIDENCE.
§ 3. Section 150.30 of the criminal procedure law is REPEALED.
§ 4. Subdivision 1 of section 150.40 of the criminal procedure law is
amended to read as follows:
1. An appearance ticket must be made returnable AT A DATE AS SOON AS
POSSIBLE, BUT IN NO EVENT LATER THAN TWENTY DAYS FROM THE DATE OF ISSU-
ANCE. THE APPEARANCE TICKET SHALL BE MADE RETURNABLE in a local criminal
court designated in section 100.55 OF THIS TITLE as one with which an
information for the offense in question may be filed.
§ 5. 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.
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 RETURN
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 ASSOCIATION OR TRAVEL THAT ARE REASONABLY RELATED TO A
RISK OF FLIGHT FROM THE JURISDICTION; THAT THE PRINCIPAL SHALL REFRAIN
FROM POSSESSING A FIREARM, DESTRUCTIVE DEVICE OR OTHER DANGEROUS WEAPON;
S. 1505--A 98 A. 2005--A
THAT THE PERSON BE PLACED IN PRETRIAL SUPERVISION WITH A PRETRIAL
SERVICES AGENCY SERVING PRINCIPALS IN THAT COUNTY; THAT THE PERSON BE
MONITORED WITH AN APPROVED ELECTRONIC MONITORING DEVICE. A PRINCIPAL
SHALL NOT BE REQUIRED TO PAY FOR ANY PART OF THE COST OF RELEASE UNDER
NON-MONETARY CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ELECTRONIC MONI-
TORING.
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 UNDER ARTICLE FIVE HUNDRED FORTY-FIVE
OF THIS TITLE, AS TO WHETHER THE INDIVIDUAL SHALL BE ORDERED INTO
PRETRIAL DETENTION.
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 UNDER PERSONAL RECOG-
NIZANCE, 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 COUNTY OR SUPERIOR 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.
§ 6. 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; STANDARD
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.
2. NOTWITHSTANDING THE ABOVE, IN CASES WHERE THE PEOPLE INDICATE THAT
THEY INTEND TO MOVE FOR PRETRIAL DETENTION AS SET OUT IN ARTICLE FIVE
HUNDRED FORTY-FIVE OF THIS TITLE, 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. 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 order which
committed the principal to the custody of the sheriff, the court shall
give written notification to the sheriff of such revocation or termi-
nation of the securing order.
§ 7. Section 510.20 of the criminal procedure law is amended to read
as follows:
S. 1505--A 99 A. 2005--A
§ 510.20 [Application for recognizance or bail; making and determination
thereof in general] APPLICATION FOR 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 DEFENDANT 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. IN ACTING UPON SUCH AN APPLICATION,
THE COURT SHALL SELECT THE LEAST RESTRICTIVE ALTERNATIVE THAT WILL
REASONABLY ENSURE A COURT APPEARANCE.
§ 8. 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) of paragraph (a)
of subdivision 2 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
application is determined on the basis of the following factors and
criteria:
(a)] With respect to any principal, the court IN ALL CASES, UNLESS
OTHERWISE PROVIDED BY LAW, must [consider the] IMPOSE THE LEAST RESTRIC-
TIVE kind and degree of control or restriction that is necessary to
secure [his] THE PRINCIPAL'S court attendance when required. In deter-
mining that matter, the court must, on the basis of available informa-
tion, 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
APPEARANCE, INCLUDING, BUT NOT LIMITED TO, THE PRINCIPAL'S ACTIVITIES,
HISTORY AND COMMUNITY TIES;
S. 1505--A 100 A. 2005--A
2. IF THE PRINCIPAL IS A DEFENDANT, THE CHARGES FACING THE PRINCIPAL;
3. THE PRINCIPAL'S criminal record if any; PROVIDED THAT THE COURT
MUST ALSO CONSIDER THE TIME THAT HAS ELAPSED SINCE THE OCCURRENCE OF THE
CRIME OR CRIMES AND THE AGE OF THE PRINCIPAL AT THE TIME OF THE OCCUR-
RENCE OF SUCH DELINQUENT OR YOUTHFUL OFFENDER CONDUCT; [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; PROVIDED
THAT THE COURT MUST ALSO CONSIDER THE TIME THAT HAS ELAPSED SINCE THE
OCCURRENCE OF THE CRIME OR CRIMES AND THE AGE OF THE PRINCIPAL AT THE
TIME OF THE OCCURRENCE OF SUCH DELINQUENT OR YOUTHFUL OFFENDER CONDUCT;
[and
(vi) His] 5. THE PRINCIPAL'S previous record if any in responding to
court appearances when required or with respect to flight to avoid crim-
inal prosecution; [and
(vii) Where] 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] 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
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.
§ 9. Section 510.40 of the criminal procedure law is amended to read
as follows:
S. 1505--A 101 A. 2005--A
§ 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 PENALTIES 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 A MOTION AND A HEARING PRESCRIBED IN ARTICLE
FIVE HUNDRED FORTY-FIVE OF THIS TITLE, PRETRIAL DETENTION.
§ 10. The criminal procedure law is amended by adding a new section
510.41 to read as follows:
§ 510.41 PROVISIONS REGARDING NON-MONETARY CONDITIONS OF RELEASE.
1. NON-MONETARY CONDITIONS OF RELEASE SHALL, FOR EACH INDIVIDUAL,
REQUIRE THE LEAST DEGREE OF RESTRICTIONS OR REQUIRED ACTIONS THAT WILL
REASONABLY ENSURE THE INDIVIDUAL'S COURT ATTENDANCE. AT FUTURE COURT
APPEARANCES, THE COURT SHALL CONSIDER A LESSENING OF THE CONDITIONS OR
MODIFICATION OF CONDITIONS TO A LESS BURDENSOME FORM BASED ON THE PRIN-
CIPAL'S COMPLIANCE WITH EXISTING CONDITIONS OF RELEASE.
2. (A) ELECTRONIC MONITORING OF A PRINCIPAL'S LOCATION MAY BE ORDERED
ONLY IF THE INDIVIDUAL IS CHARGED WITH A FELONY, OR A MISDEMEANOR CRIME
INVOLVING A PERSON WHO IS A MEMBER OF THE SAME HOUSEHOLD AS DEFINED IN
SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE, AND IF THE COURT FINDS,
S. 1505--A 102 A. 2005--A
AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD AND AN INDIVIDUALIZED DETER-
MINATION EXPLAINED ON THE RECORD OR IN WRITING, THAT NO OTHER NON-MONE-
TARY CONDITION OR SETS OF CONDITIONS WILL REASONABLY ENSURE A PRINCI-
PAL'S RETURN TO COURT.
(B) THE SPECIFIC METHOD OF ELECTRONIC MONITORING OF THE PRINCIPAL'S
LOCATION MUST BE APPROVED BY THE COURT. IT MUST BE THE LEAST RESTRICTIVE
METHOD AND PROCEDURE THAT WILL REASONABLY ENSURE THE PRINCIPAL'S RETURN
TO COURT, AND UNOBTRUSIVE TO THE GREATEST EXTENT POSSIBLE.
(C) ELECTRONIC MONITORING ORDERS SHALL BE REVIEWED AT LEAST EVERY
SIXTY DAYS TO ASCERTAIN WHETHER THEY ARE THE LEAST RESTRICTIVE MEANS OF
REASONABLY ENSURING AN INDIVIDUAL'S COURT ATTENDANCE AND WHETHER THERE
ARE LESS BURDENSOME METHODS OF ENSURING SUCH ATTENDANCE.
3. IN THE EVENT OF NON COMPLIANCE WITH THE CONDITIONS OF RELEASE, THE
COURT, UPON MOTION BY THE PEOPLE AND ONLY AFTER AFFORDING THE DEFENDANT
AND DEFENDANT'S COUNSEL NOTICE OF THE ALLEGED NONCOMPLIANCE AND AN
OPPORTUNITY TO BE HEARD, MAY REVOKE AND MODIFY THE SECURING ORDER. IN
DETERMINING WHETHER TO REVOKE AND MODIFY THE SECURING ORDER, THE COURT
MUST CONSIDER THE FACTS, NATURE, WILLFULNESS, AND THE SERIOUSNESS OF THE
NONCOMPLIANCE. THE COURT MAY ONLY SET A MORE RESTRICTIVE CONDITION OR
CONDITIONS IF IT FINDS THAT SUCH CONDITIONS ARE NECESSARY TO REASONABLY
ENSURE THE DEFENDANT'S APPEARANCE IN COURT.
§ 11. The criminal procedure law is amended by adding a new section
510.43 to read as follows:
§ 510.43 COURT APPEARANCES; ADDITIONAL NOTIFICATIONS.
THE COURT, OR, UPON DIRECTION OF THE COURT, A CERTIFIED PRETRIAL
SERVICES AGENCY, SHALL, IN ADDITION TO VERBAL NOTIFICATIONS DURING COURT
APPEARANCES, MAKE BEST EFFORTS TO NOTIFY ALL PRINCIPALS RELEASED UNDER
RECOGNIZANCE AND UNDER NON-MONETARY CONDITIONS OF ALL COURT APPEARANCES
IN ADVANCE BY TEXT MESSAGE, ELECTRONIC MAIL, PHONE CALL OR FIRST CLASS
MAIL. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL, PURSUANT TO SUBDIVI-
SION ONE OF SECTION 10.40 OF THIS CHAPTER, DEVELOP A FORM WHICH SHALL BE
OFFERED TO THE PRINCIPAL AT THE PRINCIPAL'S INITIAL COURT APPEARANCE, BY
WHICH THE PRINCIPAL MAY SELECT ONE SUCH PREFERRED METHOD OF NOTICE. THE
FORM SHALL BE RETAINED IN THE COURT FILE. IN NO INSTANCE, HOWEVER, SHALL
THE PRINCIPAL'S FAILURE TO RECEIVE SUCH ADDITIONAL NOTIFICATIONS IN
ADDITION TO VERBAL NOTIFICATION AT COURT APPEARANCES, CONSTITUTE GROUNDS
TO EXCUSE THE PRINCIPAL'S FAILURE TO APPEAR AT COURT PROCEEDINGS.
§ 12. The criminal procedure law is amended by adding a new section
510.45 to read as follows:
§ 510.45 PRETRIAL SERVICE AGENCIES.
1. PRETRIAL SERVICES SHALL BE PROVIDED BY A COUNTY PROBATION DEPART-
MENT OR NONPROFIT PRETRIAL SERVICE AGENCY. THE DEPARTMENT OR AGENCY MUST
BE APPROVED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES AND CERTIFIED
BY THE OFFICE OF COURT ADMINISTRATION. THE DEPARTMENT OR AGENCY WILL
ADVISE THE COURT ON A PRINCIPAL'S RELEASE ON RECOGNIZANCE OR UNDER NON-
MONETARY CONDITIONS AND MONITOR PRINCIPALS RELEASED UNDER CONDITIONS OF
NON-MONETARY RELEASE. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
PROMULGATE REGULATIONS FOR THE OPERATION OF APPROVED PRETRIAL AGENCIES,
WHICH SHALL INCLUDE DATA COLLECTION AND REPORTING REQUIREMENTS ON PRIN-
CIPALS SERVED. THE OFFICE OF COURT ADMINISTRATION SHALL MAINTAIN A LIST-
ING ON ITS PUBLIC WEBSITE IDENTIFYING EACH PRETRIAL SERVICES AGENCY SO
CERTIFIED IN THE STATE. A COUNTY SHALL BE AUTHORIZED TO ENTER INTO A
CONTRACT WITH ANOTHER COUNTY OR MUNICIPALITY TO PROVIDE PRETRIAL
SERVICES.
2. ANY CRITERIA, INSTRUMENT, OR TOOL USED TO INFORM A PRETRIAL SERVICE
AGENCY'S RECOMMENDATION TO THE COURT ABOUT PRETRIAL CONDITIONS SHALL BE
S. 1505--A 103 A. 2005--A
MADE AVAILABLE TO THE PRINCIPAL AND THE PRINCIPAL'S COUNSEL. ANY CRITE-
RIA, INSTRUMENT OR TOOL USED MAY CONSIDER RISK OF FAILING TO APPEAR IN
COURT AND SHALL NOT CONTAIN A MEASURE OF A PERSON'S GENERAL RISK TO
PUBLIC SAFETY. ANY BLANK FORM OF THE CRITERIA, INSTRUMENT OR TOOL USED
IN THE COUNTY FOR SUCH PURPOSE SHALL BE MADE AVAILABLE TO ANY PERSON
PROMPTLY UPON REQUEST. IF SCORES ARE CALCULATED TO PREDICT THE RISK OF
FAILURE TO APPEAR, THE SCORING FORMULA SHALL BE MADE AVAILABLE. ANY
TOOL USED TO PREDICT FAILURE TO APPEAR SHALL BE PERIODICALLY VALIDATED,
WITH VALIDATION STUDIES AVAILABLE UPON REQUEST.
§ 13. 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 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] SUCH PRINCIPAL at such time and place. If the
principal is at liberty on [his] THE PRINCIPAL'S own recognizance [or on
bail] OR NON-MONETARY CONDITIONS, [his] 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 govern-
ing such matters with respect to the particular kind of action or
proceeding involved.
§ 14. Article 520 of the criminal procedure law is REPEALED.
§ 15. The article heading of article 530 of the criminal procedure law
is amended to read as follows:
[ORDERS OF RECOGNIZANCE OR BAIL WITH
RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS
AND PROCEEDINGS--WHEN AND BY WHAT
COURTS AUTHORIZED] SECURING ORDERS WITH
RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS AND
PROCEEDINGS - WHEN AND BY WHAT COURTS AUTHORIZED
§ 16. Section 530.10 of the criminal procedure law is amended to read
as follows:
§ 530.10 [Order of recognizance or bail] SECURING ORDERS; 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 SECUR-
ING 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.
§ 17. 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
S. 1505--A 104 A. 2005--A
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.
§ 18. 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
§ 19. 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:
§ 20. 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, 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-
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
S. 1505--A 105 A. 2005--A
(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.
§ 21. 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.
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] ISSUE A SECURING ORDER 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.] 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 INDIVIDUAL
UNDER NON-MONETARY CONDITIONS, SELECTING THE LEAST RESTRICTIVE ALTERNA-
TIVE THAT WILL REASONABLY ASSURE THE PRINCIPAL'S COURT ATTENDANCE. THE
COURT WILL SUPPORT ITS CHOICE OF ALTERNATIVE ON THE RECORD.
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)] NOTWITHSTANDING THE ABOVE, IN CASES WHERE THE PEOPLE INDICATE
THAT THEY INTEND TO MOVE FOR PRETRIAL DETENTION AS SET FORTH IN ARTICLE
FIVE HUNDRED FORTY-FIVE OF THIS TITLE, THE COURT MAY COMMIT THE DEFEND-
ANT TO THE CUSTODY OF THE SHERIFF OR ISSUE A SECURING ORDER IN ACCORD-
ANCE WITH ARTICLE FIVE HUNDRED FORTY-FIVE OF THIS TITLE.
3. NOTWITHSTANDING THE ABOVE, IN CASES WHERE THE DEFENDANT IS FACING A
CHARGE OF A CLASS A FELONY, OR IT APPEARS THAT THE DEFENDANT HAS TWO
PREVIOUS FELONY CONVICTIONS WITHIN THE MEANING OF SUBDIVISION ONE OF
SECTION 70.08 OR 70.10 OF THE PENAL LAW; THE 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
S. 1505--A 106 A. 2005--A
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.]
§ 22. The section heading, 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; by superior court judge when action is
pending in local criminal court] 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 applica-
tion of a defendant, 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] THREE of section 530.20[; or
(b) Has denied an application for recognizance or bail; or
(c) Has fixed bail which is excessive;] OR
(B) 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 RESTRICTIVE 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-
ING ORDER unless and until the district attorney has had an opportunity
to be heard in the matter and such judge [has] AND COUNSEL FOR THE
DEFENDANT HAVE been furnished with a report as described in [subpara-
graph (ii) of paragraph (b) of] subdivision [two] FOUR of section
530.20.
§ 23. 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] A SECURING ORDER as follows:
S. 1505--A 107 A. 2005--A
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 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 INDIVIDUAL UNDER NON-MONETARY
CONDITIONS, SELECTING THE LEAST RESTRICTIVE ALTERNATIVE THAT WILL
REASONABLY ASSURE THE PRINCIPAL'S COURT ATTENDANCE. THE COURT WILL
SUPPORT ITS CHOICE OF ALTERNATIVE ON THE RECORD.
2. NOTWITHSTANDING THE ABOVE, IN CASES WHERE THE PEOPLE INDICATE THAT
THEY INTEND TO MOVE FOR PRETRIAL DETENTION AS SET OUT IN ARTICLE FIVE
HUNDRED FORTY-FIVE OF THIS TITLE, 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.
§ 24. 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:
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] ISSUES A MORE RESTRICTIVE SECURING ORDER in a less
S. 1505--A 108 A. 2005--A
[burdensome] RESTRICTIVE form than fixed by the court in which the
conviction was entered.
§ 25. Section 530.60 of the criminal procedure law is REPEALED.
§ 26. Title P of part 3 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 FLIGHT BEFORE TRIAL, OR THAT DEFENDANT
POSES A CURRENT THREAT TO THE PHYSICAL SAFETY OF A REASONABLY IDENTIFI-
ABLE PERSON OR PERSONS, AND THAT NO CONDITIONS OR COMBINATION OF CONDI-
TIONS IN THE COMMUNITY WILL SUFFICE TO CONTAIN THE AFORESAID RISK OR
THREAT. THERE SHALL BE A REBUTTABLE PRESUMPTION, EXCEPT IN THE CIRCUM-
STANCES OUTLINED IN SUBDIVISION FOUR OF SECTION 545.30 OF THIS ARTICLE
THAT SOME CONDITION OR CONDITIONS IN THE COMMUNITY WILL REASONABLY
CONTAIN A HIGH RISK OF FLIGHT OR A CURRENT THREAT TO THE PHYSICAL SAFETY
OF A REASONABLY IDENTIFIABLE PERSON OR PERSONS. THAT PRESUMPTION MAY
ONLY BE OVERCOME BY CLEAR AND CONVINCING EVIDENCE.
§ 545.20 ELIGIBILITY FOR A PRETRIAL DETENTION HEARING.
1. THE PEOPLE MAY MAKE A MOTION WITH THE COURT AT ANY TIME SEEKING THE
PRETRIAL DETENTION OF A DEFENDANT:
(A) CHARGED WITH A CLASS A FELONY DEFINED IN THE PENAL LAW;
(B) CHARGED WITH OFFENSES INVOLVING WITNESS INTIMIDATION UNDER SECTION
215.15, 215.16 OR 215.17 OF THE PENAL LAW;
(C) CHARGED WITH CLASS B OR C CRIMES AS ENUMERATED UNDER SECTION 70.02
OF THE PENAL LAW (EXCEPT BURGLARY IN THE SECOND DEGREE AS DEFINED IN
SUBDIVISION TWO OF SECTION 140.25 OF THE PENAL LAW, OR ROBBERY IN THE
SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION 160.10 OF THE
PENAL LAW);
(D) WHO, THE PEOPLE ALLEGE POSES AN IMMEDIATE RISK OF PHYSICAL HARM TO
MEMBERS OF THE SAME FAMILY OR HOUSEHOLD OF THE DEFENDANT, AS DEFINED IN
SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE; OR
(E) WHO HAS PERSISTENTLY AND WILLFULLY FAILED TO APPEAR IN COURT IN
THE CURRENT CASE, AND THE RELEVANT PRETRIAL SERVICES AGENCY CERTIFIES
THAT THE AGENCY HAS MADE PERSISTENT EFFORTS TO ASSIST THE INDIVIDUAL'S
APPEARANCE IN COURT.
2. UPON SUCH MOTION BY THE PEOPLE, THE DEFENDANT MAY BE COMMITTED TO
THE CUSTODY OF THE SHERIFF PENDING A HEARING ON THE PEOPLE'S MOTION, OR
THE COURT MAY ISSUE A SECURING ORDER. THE COURT SHALL SUPPORT ITS CHOICE
OF AN ALTERNATIVE ON THE RECORD. IF THE PERSON IS AT LIBERTY, A WARRANT
SHALL BE ISSUED AND THE DEFENDANT BROUGHT INTO CUSTODY OF THE SHERIFF.
§ 545.30 PRETRIAL DETENTION HEARING.
1. A HEARING SHALL BE HELD WITHIN THREE WORKING DAYS FROM THE PEOPLE'S
MOTION. 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
S. 1505--A 109 A. 2005--A
TESTIFY, TO PRESENT WITNESSES, TO CROSS-EXAMINE 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 CONSIDERATION OF INFORMATION DURING THE
HEARING.
2. (A) WITHIN AT LEAST TWENTY-FOUR HOURS OF THE HEARING, THE PEOPLE
SHALL DISCLOSE TO THE DEFENDANT AND PERMIT THE DEFENDANT TO INSPECT,
COPY OR PHOTOGRAPH ALL STATEMENTS AND REPORTS THAT ARE IN THE
POSSESSION, CUSTODY OR CONTROL OF THE PEOPLE, OR PERSONS UNDER THE
PEOPLE'S DIRECTION AND CONTROL THAT:
(I) THE PEOPLE RELY UPON TO ESTABLISH REASONABLE CAUSE THAT THE
DEFENDANT COMMITTED THE ALLEGED CRIME OR CRIMES; AND
(II) RELATE TO THE PEOPLE'S BASIS FOR THE PRETRIAL DETENTION MOTION
THAT EITHER THE DEFENDANT PRESENTS A HIGH RISK OF FLIGHT OR A CURRENT
THREAT TO THE PHYSICAL SAFETY OF A REASONABLY IDENTIFIABLE PERSON OR
PERSONS.
(B) IN ADDITION, THE PEOPLE WILL PRODUCE ANY STATEMENTS THAT ARE
EXCULPATORY IN NATURE.
(C) PORTIONS OF MATERIALS CLAIMED TO BE NON-DISCOVERABLE MAY BE WITH-
HELD PENDING A DETERMINATION AND RULING OF THE COURT UNDER SECTION
245.70 OF THIS CHAPTER; BUT THE DEFENDANT SHALL BE NOTIFIED IN WRITING
THAT SUCH INFORMATION HAS NOT BEEN DISCLOSED UNDER A PARTICULAR SUBDIVI-
SION OF SUCH SECTION, AND THE DISCOVERABLE PORTIONS OF SUCH MATERIALS
SHALL BE DISCLOSED IF PRACTICABLE.
3. IN HEARINGS IN CASES FOR WHICH THERE IS NO INDICTMENT, THE PEOPLE
SHALL ESTABLISH REASONABLE CAUSE THAT THE ELIGIBLE DEFENDANT COMMITTED
THE CHARGED OFFENSE. THE PEOPLE MUST ESTABLISH BY CLEAR AND CONVINCING
EVIDENCE THAT DEFENDANT POSES A HIGH RISK OF FLIGHT OR A CURRENT THREAT
OF PHYSICAL DANGER TO A REASONABLY IDENTIFIABLE PERSON OR PERSONS AND
THAT NO CONDITIONS OR COMBINATION OF CONDITIONS IN THE COMMUNITY WILL
SUFFICE TO CONTAIN THE AFORESAID RISK OR THREAT.
4. THERE SHALL BE A REBUTTABLE PRESUMPTION, WHICH THE DEFENDANT MAY
OVERCOME BY A PREPONDERANCE OF THE EVIDENCE, THAT NO CONDITIONS OR
COMBINATION OF CONDITIONS IN THE COMMUNITY WILL SUFFICE TO CONTAIN A
CURRENT THREAT TO THE PHYSICAL SAFETY OF A REASONABLY IDENTIFIABLE
PERSON OR PERSONS IF THE COURT FINDS REASONABLE CAUSE THAT THE DEFEND-
ANT:
(A) COMMITTED A CRIME FOR WHICH THE DEFENDANT WOULD BE SUBJECT TO A
TERM OF LIFE IMPRISONMENT;
(B) COMMITTED A CRIME INVOLVING SERIOUS PHYSICAL INJURY OR THREAT OF
SERIOUS PHYSICAL INJURY, OR ATTEMPT THEREIN, WHILE THE DEFENDANT WAS IN
THE COMMUNITY ON RECOGNIZANCE OR UNDER NON-MONETARY CONDITIONS FOR A
CRIME INVOLVING SERIOUS PHYSICAL INJURY OR THE THREAT OF SERIOUS PHYS-
ICAL INJURY; OR
(C) THREATENED, INJURED, INTIMIDATED, OR ATTEMPTED TO THREATEN, INJURE
OR INTIMIDATE A PROSPECTIVE WITNESS OR JUROR IN AN CRIMINAL INVESTI-
GATION OR JUDICIAL PROCEEDING.
5. IN DETERMINING WHETHER THE DEFENDANT PRESENTS A HIGH RISK OF FLIGHT
OR A CURRENT THREAT OF PHYSICAL DANGER TO A REASONABLY IDENTIFIABLE
PERSON OR PERSONS AND WHETHER NO CONDITIONS OR COMBINATIONS OF CONDI-
TIONS IN THE COMMUNITY WILL SUFFICE TO CONTAIN SUCH RISK OR THREAT, THE
COURT MAY TAKE INTO ACCOUNT THE FOLLOWING INFORMATION:
(A) THE NATURE AND CIRCUMSTANCES OF THE CHARGED OFFENSE;
(B) THE WEIGHT OF THE EVIDENCE AGAINST THE DEFENDANT, EXCEPT THAT THE
COURT MAY CONSIDER THE ADMISSIBILITY OF ANY EVIDENCE SOUGHT TO BE
EXCLUDED;
S. 1505--A 110 A. 2005--A
(C) THE DEFENDANT'S CURRENT AND PRIOR HISTORY OF FAILURE TO APPEAR IN
COURT WHETHER SUCH FAILURES TO APPEAR WERE WILLFUL;
(D) THE NATURE AND THE CREDIBILITY OF THE THREAT TO THE PHYSICAL
DANGER OF A REASONABLY IDENTIFIABLE PERSON OR PERSONS, IF APPLICABLE;
AND
(E) 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.
§ 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 OPENED, BEFORE OR AFTER ISSUANCE
OF A PRETRIAL DETENTION ORDER BY THE COURT, BY MOTION OF THE PEOPLE OR
THE DEFENDANT, AT ANY TIME BEFORE TRIAL, 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 FAILURE TO APPEAR OR A CURRENT THREAT TO THE PHYSICAL SAFETY OF A
REASONABLY IDENTIFIABLE PERSON OR PERSONS AND WHETHER NO CONDITIONS OR
COMBINATION OF CONDITIONS WILL SUFFICE TO CONTAIN SUCH RISK OR THREAT.
§ 545.60 LENGTH OF DETENTION FOR DEFENDANT HELD UNDER A PRETRIAL
DETENTION ORDER.
1. IF A PRETRIAL DETENTION ORDER IS ISSUED, A DEFENDANT SHALL NOT
REMAIN DETAINED IN JAIL FOR MORE THAN ONE HUNDRED EIGHTY DAYS AFTER THE
RETURN OF THE INDICTMENT, IF APPLICABLE, UNTIL THE START OF TRIAL. IN
CASES WHERE NO INDICTMENT IS REQUIRED, THE DEFENDANT SHALL NOT REMAIN
DETAINED IN JAIL FOR MORE THAN NINETY DAYS FROM THE DATE OF THE PRETRIAL
DETENTION MOTION UNTIL THE START OF TRIAL.
2. (A) THE TIME WITHIN WHICH THE TRIAL OF THE CASE COMMENCES MAY BE
EXTENDED FOR ONE OR MORE ADDITIONAL PERIODS NOT TO EXCEED TWENTY DAYS
EACH ON THE BASIS OF A MOTION SUBMITTED BY THE PEOPLE AND APPROVED BY
THE COURT. THE ADDITIONAL PERIOD OR PERIODS OF DETENTION MAY BE GRANTED
ONLY ON THE BASIS OF GOOD CAUSE SHOWN, AND SHALL BE GRANTED ONLY FOR THE
ADDITIONAL TIME REQUIRED TO PREPARE FOR THE TRIAL OF THE PERSON. GOOD
CAUSE MAY INCLUDE, BUT NOT BE LIMITED TO, THE UNAVAILABILITY OF AN
ESSENTIAL WITNESS, THE NECESSITY FOR FORENSIC ANALYSIS OF EVIDENCE, THE
ABILITY TO CONDUCT A JOINT TRIAL WITH A CO-DEFENDANT OR CO-DEFENDANTS,
SEVERANCE OF CO-DEFENDANTS WHICH PERMITS ONLY ONE TRIAL TO COMMENCE
WITHIN THE TIME PERIOD, COMPLEX OR MAJOR INVESTIGATIONS, SCHEDULING
CONFLICTS WHICH ARISE SHORTLY BEFORE THE TRIAL DATE, THE INABILITY TO
PROCEED TO TRIAL BECAUSE OF ACTION TAKEN BY OR AT THE BEHEST OF THE
DEFENDANT, THE BREAKDOWN OF A PLEA AGREEMENT ON OR IMMEDIATELY BEFORE
THE TRIAL DATE, AND ALLOWING REASONABLE TIME TO PREPARE FOR A TRIAL
AFTER THE CIRCUMSTANCES GIVING RISE TO A TOLLING OR EXTENSION OF THE
TIME PERIOD NO LONGER EXISTS.
(B) IN COMPUTING THE ONE HUNDRED EIGHTY DAYS FROM INDICTMENT, IF
APPLICABLE, OR IF NO INDICTMENT IS REQUIRED, NINETY DAYS FROM THE DATE
OF THE PRETRIAL ORDER, TO COMMENCEMENT OF TRIAL, THE FOLLOWING PERIODS
SHALL BE EXCLUDED:
(I) ANY PERIOD FROM THE FILING OF THE NOTICE OF APPEAL TO THE ISSUANCE
OF THE MANDATE IN AN INTERLOCUTORY APPEAL;
S. 1505--A 111 A. 2005--A
(II) 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;
(III) ANY PERIOD ATTRIBUTABLE TO THE INABILITY OF THE DEFENDANT TO
PARTICIPATE IN THE DEFENDANT'S DEFENSE BECAUSE OF MENTAL INCOMPETENCY OR
PHYSICAL INCAPACITY; AND
(IV) ANY PERIOD IN WHICH THE DEFENDANT IS OTHERWISE UNAVAILABLE FOR
TRIAL.
3. IF A TRIAL HAS NOT COMMENCED WITHIN ONE HUNDRED EIGHTY DAYS FROM
INDICTMENT, IF APPLICABLE, OR NINETY DAYS FROM THE PRETRIAL DETENTION
ORDER IF NO INDICTMENT IS REQUIRED, AS CALCULATED ABOVE, AND THE DEFEND-
ANT REMAINS IN CUSTODY, THE DEFENDANT SHALL BE RELEASED ON RECOGNIZANCE
OR UNDER NON-MONETARY CONDITIONS OF RELEASE PENDING TRIAL ON THE UNDER-
LYING CHARGE, UNLESS:
(A) THE TRIAL IS IN PROGRESS,
(B) THE TRIAL HAS BEEN DELAYED BY THE TIMELY FILING OF MOTIONS,
EXCLUDING MOTIONS FOR CONTINUANCES;
(C) THE TRIAL HAS BEEN DELAYED AT THE REQUEST OF THE DEFENDANT; OR
(D) UPON MOTION OF THE PEOPLE, THE COURT FINDS THAT A CURRENT SUBSTAN-
TIAL AND UNJUSTIFIABLE RISK TO THE PHYSICAL SAFETY OF A REASONABLY IDEN-
TIFIABLE PERSON WOULD RESULT FROM THE DEFENDANT'S RELEASE FROM CUSTODY,
AND THAT NO APPROPRIATE CONDITIONS FOR THE DEFENDANT'S RELEASE WOULD
REASONABLY ADDRESS THAT RISK, AND ALSO FINDS THAT THE FAILURE TO
COMMENCE TRIAL IN ACCORDANCE WITH THE TIME REQUIREMENTS SET FORTH IN
THIS SECTION WAS NOT DUE TO UNREASONABLE DELAY BY THE PEOPLE. IF THE
COURT MAKES SUCH A FINDING, THE COURT MUST SET AN ADDITIONAL PERIOD OF
TIME, NOT TO EXCEED THIRTY DAYS, IN WHICH THE DEFENDANT'S TRIAL MUST
COMMENCE. IF THE TRIAL DOES NOT COMMENCE WITHIN THIS PERIOD, THE DEFEND-
ANT MUST BE RELEASED ON RECOGNIZANCE OR UNDER NON-MONETARY CONDITIONS.
§ 27. Article 68 of the insurance law is REPEALED.
§ 28. 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] 530.10 of this chapter relating
to [revocation of recognizance or bail] ISSUANCE OF SECURING ORDERS
shall apply to such proceedings under this subdivision.
§ 29. 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] THE WITNESS'S
attendance will be sought, it may issue a material witness order,
S. 1505--A 112 A. 2005--A
adjudging [him] THE INDIVIDUAL a material witness and [fixing bail to
secure his] RELEASING THE INDIVIDUAL ON THE INDIVIDUAL'S OWN RECOGNI-
ZANCE UNLESS THE COURT FINDS ON THE RECORD THAT RELEASE ON RECOGNIZANCE
WILL NOT REASONABLY ENSURE 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 INDIVIDUAL'S future attendance.
3. [A] WHEN A material witness order [must be] IS executed [as
follows:
(a) If the bail is posted and approved 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].
§ 30. Section 216 of the judiciary law is amended by adding a new
subdivision 5 to read as follows:
5. (A) THE CHIEF ADMINISTRATOR OF THE COURTS SHALL COLLECT DATA AT
ARRAIGNMENT ON ALL PRETRIAL RELEASE AND DETENTION DECISIONS, INCLUDING
INFORMATION ON SEX, RACE, CRIMINAL CHARGE, THE PRETRIAL RELEASE DECISION
OUTCOME, WHETHER THE INDIVIDUAL WAS DETAINED, WHETHER ELECTRONIC MONI-
TORING WAS IMPOSED, AND INFORMATION ON ANY PRETRIAL MOTIONS MADE, AND
MOTIONS GRANTED.
(B) THE OFFICE OF COURT ADMINISTRATION SHALL PROVIDE DATA AND INFORMA-
TION TO THE DIVISION OF CRIMINAL JUSTICE SERVICES WHICH WILL PREPARE AN
ANNUAL REPORT ON PRETRIAL RELEASE AND DETENTION OUTCOMES, AND INCLUDE
INFORMATION ON THE SEX, RACE, CRIMINAL CHARGE, PRETRIAL DECISION
OUTCOMES, THE USE OF ELECTRONIC MONITORING, PRETRIAL MOTIONS, RATES OF
FAILURE TO APPEAR AND RATES OF REARREST FOR INDIVIDUALS RELEASED BEFORE
TRIAL. THE REPORT SHALL ALSO INCLUDE INFORMATION ON PRETRIAL SERVICE
AGENCY ACTIVITY.
§ 31. This act shall take effect November 1, 2020.
SUBPART B
Section 1. Article 240 of the criminal procedure law is REPEALED.
§ 2. The criminal procedure law is amended by adding a new article 245
to read as follows:
ARTICLE 245
DISCOVERY
SECTION 245.10 TIMING OF DISCOVERY.
245.20 AUTOMATIC DISCOVERY.
245.25 DISCLOSURE PRIOR TO GUILTY PLEA DEADLINE.
245.30 COURT ORDERS FOR PRESERVATION, ACCESS OR DISCOVERY.
245.35 COURT ORDERED PROCEDURES TO FACILITATE COMPLIANCE.
245.40 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
245.45 DNA COMPARISON ORDER.
245.50 CERTIFICATES OF COMPLIANCE.
245.55 FLOW OF INFORMATION.
245.60 CONTINUING DUTY TO DISCLOSE.
245.65 WORK PRODUCT.
245.70 PROTECTIVE ORDERS.
245.75 WAIVER OF DISCOVERY BY DEFENDANT.
245.80 REMEDIES OR SANCTIONS FOR NON-COMPLIANCE.
S. 1505--A 113 A. 2005--A
245.85 ADMISSIBILITY OF DISCOVERY.
§ 245.10 TIMING OF DISCOVERY.
1. PROSECUTION'S PERFORMANCE OF OBLIGATIONS. (A) THE PROSECUTION SHALL
PERFORM ITS INITIAL DISCOVERY OBLIGATIONS UNDER SUBDIVISION ONE OF
SECTION 245.20 OF THIS ARTICLE AS SOON AS PRACTICABLE BUT NOT LATER
THAN FIFTEEN CALENDAR DAYS AFTER THE DEFENDANT'S ARRAIGNMENT ON AN
INDICTMENT, SUPERIOR COURT INFORMATION, PROSECUTOR'S INFORMATION, INFOR-
MATION, OR SIMPLIFIED INFORMATION. PORTIONS OF MATERIALS CLAIMED TO BE
NON-DISCOVERABLE MAY BE WITHHELD PENDING A DETERMINATION AND RULING OF
THE COURT UNDER SECTION 245.70 OF THIS ARTICLE; BUT THE DEFENDANT SHALL
BE NOTIFIED IN WRITING THAT INFORMATION HAS NOT BEEN DISCLOSED UNDER A
PARTICULAR SUBDIVISION OF SUCH SECTION, AND THE DISCOVERABLE PORTIONS OF
SUCH MATERIALS SHALL BE DISCLOSED IF PRACTICABLE. WHEN THE DISCOVERABLE
MATERIALS ARE EXCEPTIONALLY VOLUMINOUS OR, DESPITE DILIGENT EFFORTS, ARE
OTHERWISE NOT IN THE POSSESSION, CUSTODY, OR CONTROL OF THE PROSECUTION,
THE TIME PERIOD IN THIS PARAGRAPH MAY BE STAYED BY UP TO AN ADDITIONAL
THIRTY CALENDAR DAYS WITHOUT NEED FOR A MOTION PURSUANT TO SUBDIVISION
TWO OF SECTION 245.70 OF THIS ARTICLE.
(B) THE PROSECUTION SHALL PERFORM ITS SUPPLEMENTAL DISCOVERY OBLI-
GATIONS UNDER SUBDIVISION THREE OF SECTION 245.20 OF THIS ARTICLE AS
SOON AS PRACTICABLE BUT NOT LATER THAN FIFTEEN CALENDAR DAYS BEFORE
TRIAL.
2. DEFENDANT'S PERFORMANCE OF OBLIGATIONS. THE DEFENDANT SHALL PERFORM
HIS OR HER DISCOVERY OBLIGATIONS UNDER SUBDIVISION FOUR OF SECTION
245.20 OF THIS ARTICLE NOT LATER THAN FIFTEEN CALENDAR DAYS AFTER BEING
SERVED WITH THE PROSECUTION'S CERTIFICATE OF COMPLIANCE PURSUANT TO
SUBDIVISION ONE OF SECTION 245.50 OF THIS ARTICLE, EXCEPT THAT PORTIONS
OF MATERIALS CLAIMED TO BE NON-DISCOVERABLE MAY BE WITHHELD PENDING A
DETERMINATION AND RULING OF THE COURT UNDER SECTION 245.70 OF THIS ARTI-
CLE; BUT THE PROSECUTION MUST BE NOTIFIED IN WRITING THAT INFORMATION
HAS NOT BEEN DISCLOSED UNDER A PARTICULAR SECTION AND THE DISCLOSABLE
PORTIONS OF SUCH MATERIAL SHALL BE DISCLOSED IF PRACTICABLE.
§ 245.20 AUTOMATIC DISCOVERY.
1. INITIAL DISCOVERY FOR THE DEFENDANT. SUBJECT TO PARAGRAPH (B) OF
THIS SUBDIVISION AND SECTION 245.70 OF THIS ARTICLE, THE PROSECUTION
SHALL DISCLOSE TO THE DEFENDANT, AND PERMIT THE DEFENDANT TO DISCOVER,
INSPECT, COPY OR PHOTOGRAPH, EACH OF THE FOLLOWING ITEMS AND INFORMATION
WHEN IT RELATES TO THE SUBJECT MATTER OF THE CASE AND IS IN THE
POSSESSION, CUSTODY OR CONTROL OF THE PROSECUTION OR PERSONS KNOWN TO
THE PROSECUTION TO BE IN THE POSSESSION, CUSTODY OR CONTROL OF THE PROS-
ECUTION'S DIRECTION OR CONTROL:
(A) ALL WRITTEN OR RECORDED STATEMENTS, AND THE SUBSTANCE OF ALL ORAL
STATEMENTS, MADE BY THE DEFENDANT OR A CO-DEFENDANT TO A PUBLIC SERVANT
ENGAGED IN LAW ENFORCEMENT ACTIVITY OR TO A PERSON THEN ACTING UNDER HIS
OR HER DIRECTION OR IN COOPERATION WITH HIM OR HER, OTHER THAN STATE-
MENTS MADE IN THE COURSE OF THE CRIMINAL TRANSACTION.
(B) ALL TRANSCRIPTS OF THE TESTIMONY OF A PERSON WHO HAS TESTIFIED
BEFORE A GRAND JURY, INCLUDING BUT NOT LIMITED TO THE DEFENDANT OR A
CO-DEFENDANT. IF IN THE EXERCISE OF REASONABLE DILIGENCE, AND DUE TO THE
LIMITED AVAILABILITY OF TRANSCRIPTION RESOURCES, A TRANSCRIPT IS
UNAVAILABLE FOR DISCLOSURE WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVI-
SION ONE OF SECTION 245.10 OF THIS ARTICLE, SUCH TIME PERIOD MAY BE
STAYED BY UP TO AN ADDITIONAL THIRTY CALENDAR DAYS WITHOUT NEED FOR A
MOTION PURSUANT TO SUBDIVISION TWO OF SECTION 245.70 OF THIS ARTICLE;
EXCEPT THAT SUCH DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND NOT
LATER THAN THIRTY CALENDAR DAYS BEFORE A SCHEDULED TRIAL DATE. WHEN THE
S. 1505--A 114 A. 2005--A
COURT IS REQUIRED TO REVIEW GRAND JURY TRANSCRIPTS, THE PROSECUTION
SHALL DISCLOSE SUCH TRANSCRIPTS TO THE COURT EXPEDITIOUSLY UPON RECEIPT
BY THE PROSECUTOR, NOTWITHSTANDING THE OTHERWISE-APPLICABLE TIME PERIODS
FOR DISCLOSURE IN THIS ARTICLE.
(C) THE NAMES OF, AND ADDRESSES OR ADEQUATE ALTERNATIVE CONTACT INFOR-
MATION FOR, ALL PERSONS OTHER THAN LAW ENFORCEMENT PERSONNEL WHOM THE
PROSECUTOR KNOWS TO HAVE EVIDENCE OR INFORMATION RELEVANT TO ANY OFFENSE
CHARGED OR TO A POTENTIAL DEFENSE THERETO, INCLUDING A DESIGNATION BY
THE PROSECUTOR AS TO WHICH OF THOSE PERSONS MAY BE CALLED AS WITNESSES.
INFORMATION UNDER THIS SUBDIVISION RELATING TO A CONFIDENTIAL INFORMANT
MAY BE WITHHELD, AND REDACTED FROM DISCOVERY MATERIALS, WITHOUT NEED FOR
A MOTION PURSUANT TO SECTION 245.70 OF THIS ARTICLE; BUT THE DEFENDANT
SHALL BE NOTIFIED IN WRITING THAT SUCH INFORMATION HAS NOT BEEN
DISCLOSED, UNLESS THE COURT RULES OTHERWISE FOR GOOD CAUSE SHOWN.
(D) THE NAME AND WORK AFFILIATION OF ALL LAW ENFORCEMENT PERSONNEL
WHOM THE PROSECUTOR KNOWS TO HAVE EVIDENCE OR INFORMATION RELEVANT TO
ANY OFFENSE CHARGED OR TO A POTENTIAL DEFENSE THERETO, INCLUDING A
DESIGNATION BY THE PROSECUTOR AS TO WHICH OF THOSE PERSONS MAY BE CALLED
AS WITNESSES. INFORMATION UNDER THIS SUBDIVISION RELATING TO UNDERCOVER
PERSONNEL MAY BE WITHHELD, AND REDACTED FROM DISCOVERY MATERIALS, WITH-
OUT NEED FOR A MOTION PURSUANT TO SECTION 245.70 OF THIS ARTICLE; BUT
THE DEFENDANT SHALL BE NOTIFIED IN WRITING THAT SUCH INFORMATION HAS NOT
BEEN DISCLOSED, UNLESS THE COURT RULES OTHERWISE FOR GOOD CAUSE SHOWN.
(E) ALL STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING
OR RECORDING, MADE BY PERSONS WHO HAVE EVIDENCE OR INFORMATION RELEVANT
TO ANY OFFENSE CHARGED OR TO A POTENTIAL DEFENSE THERETO, INCLUDING ALL
POLICE REPORTS AND LAW ENFORCEMENT AGENCY REPORTS. THIS PROVISION ALSO
INCLUDES STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING OR
RECORDING, BY PERSONS TO BE CALLED AS WITNESSES AT PRE-TRIAL HEARINGS.
(F) EXPERT OPINION EVIDENCE, INCLUDING THE NAME, BUSINESS ADDRESS,
CURRENT CURRICULUM VITAE, AND A LIST OF PUBLICATIONS OF EACH EXPERT
WITNESS WHOM THE PROSECUTOR INTENDS TO CALL AS A WITNESS AT TRIAL OR A
PRE-TRIAL HEARING, AND ALL REPORTS PREPARED BY THE EXPERT THAT PERTAIN
TO THE CASE, OR IF NO REPORT IS PREPARED, A WRITTEN STATEMENT OF THE
FACTS AND OPINIONS TO WHICH THE EXPERT IS EXPECTED TO TESTIFY AND A
SUMMARY OF THE GROUNDS FOR EACH OPINION. THIS PARAGRAPH DOES NOT ALTER
OR IN ANY WAY AFFECT THE PROCEDURES, OBLIGATIONS OR RIGHTS SET FORTH IN
SECTION 250.10 OF THIS TITLE. IF IN THE EXERCISE OF REASONABLE DILI-
GENCE THIS INFORMATION IS UNAVAILABLE FOR DISCLOSURE WITHIN THE TIME
PERIOD SPECIFIED IN SUBDIVISION ONE OF SECTION 245.10 OF THIS ARTICLE,
THAT PERIOD SHALL BE STAYED WITHOUT NEED FOR A MOTION PURSUANT TO
SUBDIVISION TWO OF SECTION 245.70 OF THIS ARTICLE; EXCEPT THAT THE
DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND NOT LATER THAN THIR-
TY CALENDAR DAYS BEFORE A SCHEDULED TRIAL DATE, UNLESS AN ORDER IS
OBTAINED PURSUANT TO SECTION 245.70 OF THIS ARTICLE. WHEN THE PROSE-
CUTION'S EXPERT WITNESS IS BEING CALLED IN RESPONSE TO DISCLOSURE OF AN
EXPERT WITNESS BY THE DEFENDANT, THE COURT MAY ALTER A SCHEDULED TRIAL
DATE TO ALLOW THE PROSECUTION THIRTY CALENDAR DAYS TO MAKE THE DISCLO-
SURE AND THE DEFENDANT THIRTY CALENDAR DAYS TO PREPARE AND RESPOND TO
THE NEW MATERIALS.
(G) ALL TAPES OR OTHER ELECTRONIC RECORDINGS WHICH THE PROSECUTION
INTENDS TO INTRODUCE AT TRIAL OR A PRE-TRIAL HEARING.
(H) ALL PHOTOGRAPHS AND DRAWINGS MADE OR COMPLETED BY A PUBLIC SERVANT
ENGAGED IN LAW ENFORCEMENT ACTIVITY, OR WHICH WERE MADE BY A PERSON
WHOM THE PROSECUTOR INTENDS TO CALL AS A WITNESS AT TRIAL OR A PRE-TRIAL
S. 1505--A 115 A. 2005--A
HEARING, OR WHICH THE PROSECUTION INTENDS TO INTRODUCE AT TRIAL OR A
PRE-TRIAL HEARING.
(I) ALL PHOTOGRAPHS, PHOTOCOPIES AND REPRODUCTIONS MADE BY OR AT THE
DIRECTION OF LAW ENFORCEMENT PERSONNEL OF ANY PROPERTY PRIOR TO ITS
RELEASE PURSUANT TO SECTION 450.10 OF THE PENAL LAW.
(J) ALL REPORTS, DOCUMENTS, DATA, CALCULATIONS OR WRITINGS, INCLUDING
BUT NOT LIMITED TO PRELIMINARY TESTS OR SCREENING RESULTS AND BENCH
NOTES, CONCERNING PHYSICAL OR MENTAL EXAMINATIONS, OR SCIENTIFIC TESTS
OR EXPERIMENTS OR COMPARISONS, AND ANALYSES PERFORMED ELECTRONICALLY,
RELATING TO THE CRIMINAL ACTION OR PROCEEDING WHICH WERE MADE BY OR AT
THE REQUEST OR DIRECTION OF A PUBLIC SERVANT ENGAGED IN LAW ENFORCEMENT
ACTIVITY, OR WHICH WERE MADE BY A PERSON WHOM THE PROSECUTOR INTENDS TO
CALL AS A WITNESS AT TRIAL OR A PRE-TRIAL HEARING, OR WHICH THE PROSE-
CUTION INTENDS TO INTRODUCE AT TRIAL OR A PRE-TRIAL HEARING.
(K) ALL EVIDENCE AND INFORMATION, INCLUDING THAT WHICH IS KNOWN TO
POLICE OR OTHER LAW ENFORCEMENT AGENCIES ACTING ON THE GOVERNMENT'S
BEHALF IN THE CASE, THAT TENDS TO: (I) NEGATE THE DEFENDANT'S GUILT AS
TO A CHARGED OFFENSE; (II) REDUCE THE DEGREE OF OR MITIGATE THE DEFEND-
ANT'S CULPABILITY AS TO A CHARGED OFFENSE; (III) SUPPORT A POTENTIAL
DEFENSE TO A CHARGED OFFENSE; (IV) MATERIALLY IMPACT THE CREDIBILITY OF
A TESTIFYING PROSECUTION WITNESS; (V) UNDERMINE EVIDENCE OF THE DEFEND-
ANT'S IDENTITY AS A PERPETRATOR OF A CHARGED OFFENSE; OR (VI) PROVIDE A
BASIS FOR A MOTION TO SUPPRESS EVIDENCE. INFORMATION UNDER THIS SUBDI-
VISION SHALL BE DISCLOSED WHETHER OR NOT SUCH INFORMATION IS RECORDED IN
TANGIBLE FORM AND IRRESPECTIVE OF WHETHER THE PROSECUTOR CREDITS THE
INFORMATION. THE PROSECUTOR SHALL DISCLOSE THE INFORMATION EXPEDITIOUSLY
UPON ITS RECEIPT AND SHALL NOT DELAY DISCLOSURE IF IT IS OBTAINED EARLI-
ER THAN THE TIME PERIOD FOR DISCLOSURE IN SUBDIVISION ONE OF SECTION
245.10 OF THIS ARTICLE.
(L) A SUMMARY OF ALL PROMISES, REWARDS AND INDUCEMENTS MADE TO, OR IN
FAVOR OF, PERSONS WHO MAY BE CALLED AS WITNESSES, AS WELL AS REQUESTS
FOR CONSIDERATION BY PERSONS WHO MAY BE CALLED AS WITNESSES AND COPIES
OF ALL DOCUMENTS RELEVANT TO A PROMISE, REWARD OR INDUCEMENT.
(M) A LIST OF ALL TANGIBLE OBJECTS OBTAINED FROM, OR ALLEGEDLY
POSSESSED BY, THE DEFENDANT OR A CO-DEFENDANT. THE LIST SHALL INCLUDE A
DESIGNATION BY THE PROSECUTOR AS TO WHICH OBJECTS WERE PHYSICALLY OR
CONSTRUCTIVELY POSSESSED BY THE DEFENDANT AND WERE RECOVERED DURING A
SEARCH OR SEIZURE BY A PUBLIC SERVANT OR AN AGENT THEREOF, AND WHICH
TANGIBLE OBJECTS WERE RECOVERED BY A PUBLIC SERVANT OR AN AGENT THEREOF
AFTER ALLEGEDLY BEING ABANDONED BY THE DEFENDANT. IF THE PROSECUTION
INTENDS TO PROVE THE DEFENDANT'S POSSESSION OF ANY TANGIBLE OBJECTS BY
MEANS OF A STATUTORY PRESUMPTION OF POSSESSION, IT SHALL DESIGNATE SUCH
INTENTION AS TO EACH SUCH OBJECT. IF REASONABLY PRACTICABLE, THE PROSE-
CUTION SHALL ALSO DESIGNATE THE LOCATION FROM WHICH EACH TANGIBLE OBJECT
WAS RECOVERED. THERE IS ALSO A RIGHT TO INSPECT OR COPY OR PHOTOGRAPH
THE LISTED TANGIBLE OBJECTS.
(N) WHETHER A SEARCH WARRANT HAS BEEN EXECUTED AND ALL DOCUMENTS
RELATING THERETO, INCLUDING BUT NOT LIMITED TO THE WARRANT, THE WARRANT
APPLICATION, SUPPORTING AFFIDAVITS, A POLICE INVENTORY OF ALL PROPERTY
SEIZED UNDER THE WARRANT, AND A TRANSCRIPT OF ALL TESTIMONY OR OTHER
ORAL COMMUNICATIONS OFFERED IN SUPPORT OF THE WARRANT APPLICATION.
(O) ALL TANGIBLE PROPERTY THAT THE PROSECUTION INTENDS TO INTRODUCE IN
ITS CASE-IN-CHIEF AT TRIAL OR A PRE-TRIAL HEARING. IF IN THE EXERCISE OF
REASONABLE DILIGENCE THE PROSECUTOR HAS NOT FORMED AN INTENTION WITHIN
THE TIME PERIOD SPECIFIED IN SUBDIVISION ONE OF SECTION 245.10 OF THIS
ARTICLE THAT AN ITEM UNDER THIS SUBDIVISION WILL BE INTRODUCED AT TRIAL
S. 1505--A 116 A. 2005--A
OR A PRE-TRIAL HEARING, SUCH TIME PERIOD SHALL BE STAYED WITHOUT NEED
FOR A MOTION PURSUANT TO SUBDIVISION TWO OF SECTION 245.70 OF THIS ARTI-
CLE; BUT THE DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND SUBJECT
TO THE CONTINUING DUTY TO DISCLOSE IN SECTION 245.60 OF THIS ARTICLE.
(P) A RECORD OF JUDGMENT OF CONVICTION FOR ALL DEFENDANTS AND ALL
PERSONS DESIGNATED AS POTENTIAL PROSECUTION WITNESSES PURSUANT TO PARA-
GRAPH (C) OF THIS SUBDIVISION, OTHER THAN THOSE WITNESSES WHO ARE
EXPERTS.
(Q) WHEN IT IS KNOWN TO THE PROSECUTION, THE EXISTENCE OF ANY PENDING
CRIMINAL ACTION AGAINST ALL PERSONS DESIGNATED AS POTENTIAL PROSECUTION
WITNESSES PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
(R) THE APPROXIMATE DATE, TIME AND PLACE OF THE OFFENSE OR OFFENSES
CHARGED AND OF THE DEFENDANT'S SEIZURE AND ARREST.
(S) IN ANY PROSECUTION ALLEGING A VIOLATION OF THE VEHICLE AND TRAFFIC
LAW, WHERE THE DEFENDANT IS CHARGED BY INDICTMENT, SUPERIOR COURT INFOR-
MATION, PROSECUTOR'S INFORMATION, INFORMATION, OR SIMPLIFIED INFORMA-
TION, THE MOST RECENT RECORD OF INSPECTION, CALIBRATION AND REPAIR OF
MACHINES AND INSTRUMENTS UTILIZED TO PERFORM ANY SCIENTIFIC TESTS AND
EXPERIMENTS AND THE CERTIFICATION CERTIFICATE, IF ANY, HELD BY THE OPER-
ATOR OF THE MACHINE OR INSTRUMENT, AND ALL OTHER DISCLOSURES REQUIRED
UNDER THIS ARTICLE.
(T) IN ANY PROSECUTION ALLEGING A VIOLATION OF SECTION 156.05 OR
156.10 OF THE PENAL LAW, THE TIME, PLACE AND MANNER SUCH VIOLATION
OCCURRED.
2. DISCOVERY BY THE PROSECUTION. THE PROSECUTOR SHALL MAKE A DILI-
GENT, GOOD FAITH EFFORT TO ASCERTAIN THE EXISTENCE OF MATERIAL OR INFOR-
MATION DISCOVERABLE UNDER SUBDIVISION ONE OF THIS SECTION AND TO CAUSE
SUCH MATERIAL OR INFORMATION TO BE MADE AVAILABLE FOR DISCOVERY WHERE
IT EXISTS BUT IS NOT WITHIN THE PROSECUTOR'S POSSESSION, CUSTODY OR
CONTROL; PROVIDED THAT THE PROSECUTOR SHALL NOT BE REQUIRED TO OBTAIN BY
SUBPOENA DUCES TECUM MATERIAL OR INFORMATION WHICH THE DEFENDANT MAY
THEREBY OBTAIN. THIS PROVISION SHALL NOT REQUIRE THE PROSECUTOR TO
ASCERTAIN THE EXISTENCE OF WITNESSES NOT KNOWN TO POLICE OR ANOTHER LAW
ENFORCEMENT AGENCY, OR THE WRITTEN OR RECORDED STATEMENTS THEREOF, UNDER
PARAGRAPH (C) OR (E) OF SUBDIVISION ONE OF THIS SECTION.
3. SUPPLEMENTAL DISCOVERY FOR THE DEFENDANT. THE PROSECUTION SHALL
DISCLOSE TO THE DEFENDANT A LIST OF ALL MISCONDUCT AND CRIMINAL ACTS OF
THE DEFENDANT NOT CHARGED IN THE INDICTMENT, SUPERIOR COURT INFORMATION,
PROSECUTOR'S INFORMATION, INFORMATION, OR SIMPLIFIED INFORMATION, WHICH
THE PROSECUTION INTENDS TO USE AT TRIAL FOR PURPOSES OF (A) IMPEACHING
THE CREDIBILITY OF THE DEFENDANT, OR (B) AS SUBSTANTIVE PROOF OF ANY
MATERIAL ISSUE IN THE CASE.
4. RECIPROCAL DISCOVERY FOR THE PROSECUTION. (A) THE DEFENDANT SHALL,
SUBJECT TO CONSTITUTIONAL LIMITATIONS, DISCLOSE TO THE PROSECUTION, AND
PERMIT THE PROSECUTION TO DISCOVER, INSPECT, COPY OR PHOTOGRAPH, ANY
MATERIAL AND RELEVANT EVIDENCE WITHIN THE DEFENDANT'S OR COUNSEL FOR THE
DEFENDANT'S POSSESSION OR CONTROL THAT IS DISCOVERABLE UNDER PARAGRAPHS
(F), (G), (H), (J), (1) AND (O) OF SUBDIVISION ONE OF THIS SECTION,
WHICH THE DEFENDANT INTENDS TO OFFER AT TRIAL OR A PRE-TRIAL HEARING,
AND THE NAMES, ADDRESSES, BIRTH DATES, AND ALL STATEMENTS, WRITTEN OR
RECORDED OR SUMMARIZED IN ANY WRITING OR RECORDING, OF THOSE PERSONS
OTHER THAN THE DEFENDANT WHOM THE DEFENDANT INTENDS TO CALL AS WITNESSES
AT TRIAL OR A PRE-TRIAL HEARING.
(B) DISCLOSURE OF THE NAME, ADDRESS, BIRTH DATE, AND ALL STATEMENTS,
WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING OR RECORDING, OF A
PERSON WHOM THE DEFENDANT INTENDS TO CALL AS A WITNESS FOR THE SOLE
S. 1505--A 117 A. 2005--A
PURPOSE OF IMPEACHING A PROSECUTION WITNESS IS NOT REQUIRED UNTIL AFTER
THE PROSECUTION WITNESS HAS TESTIFIED AT TRIAL.
(C) IF IN THE EXERCISE OF REASONABLE DILIGENCE THE RECIPROCALLY
DISCOVERABLE INFORMATION UNDER PARAGRAPH (F) OR (O) OF SUBDIVISION ONE
OF THIS SECTION IS UNAVAILABLE FOR DISCLOSURE WITHIN THE TIME PERIOD
SPECIFIED IN SUBDIVISION TWO OF SECTION 245.10 OF THIS ARTICLE, SUCH
TIME PERIOD SHALL BE STAYED WITHOUT NEED FOR A MOTION PURSUANT TO SUBDI-
VISION TWO OF SECTION 245.70 OF THIS ARTICLE; BUT THE DISCLOSURE SHALL
BE MADE AS SOON AS PRACTICABLE AND SUBJECT TO THE CONTINUING DUTY TO
DISCLOSE IN SECTION 245.60 OF THIS ARTICLE.
5. STAY OF AUTOMATIC DISCOVERY; REMEDIES AND SANCTIONS. IF IN THE
JUDGMENT OF EITHER PARTY GOOD CAUSE EXISTS FOR DECLINING TO MAKE ANY OF
THE DISCLOSURES SET FORTH ABOVE, SUCH PARTY MAY MOVE FOR A PROTECTIVE
ORDER PURSUANT TO SECTION 245.70 OF THIS ARTICLE AND PRODUCTION OF THE
ITEM SHALL BE STAYED PENDING A RULING BY THE COURT. THE OPPOSING PARTY
SHALL BE NOTIFIED IN WRITING THAT INFORMATION HAS NOT BEEN DISCLOSED
UNDER A PARTICULAR SECTION. WHEN SOME PARTS OF MATERIAL OR INFORMATION
ARE DISCOVERABLE BUT IN THE JUDGMENT OF A PARTY GOOD CAUSE EXISTS FOR
DECLINING TO DISCLOSE OTHER PARTS, THE DISCOVERABLE PARTS SHALL BE
DISCLOSED AND THE DISCLOSING PARTY SHALL GIVE NOTICE IN WRITING THAT
NON-DISCOVERABLE PARTS HAVE BEEN WITHHELD.
6. REDACTIONS PERMITTED. EITHER PARTY MAY REDACT SOCIAL SECURITY
NUMBERS AND TAX NUMBERS FROM DISCLOSURES UNDER THIS ARTICLE.
§ 245.25 DISCLOSURE PRIOR TO GUILTY PLEA DEADLINE.
1. PRE-INDICTMENT GUILTY PLEAS. SUBJECT TO SUBDIVISION TWO OF THIS
SECTION AND SECTION 245.70 OF THIS ARTICLE, UPON A FELONY COMPLAINT,
WHERE THE PROSECUTION HAS MADE A PRE-INDICTMENT GUILTY PLEA OFFER
REQUIRING A PLEA TO A CRIME, THE DEFENDANT MAY, UPON TIMELY REQUEST AND
REASONABLE NOTICE TO THE PROSECUTION, INSPECT ANY AVAILABLE POLICE OR
OTHER LAW ENFORCEMENT AGENCY REPORT OF A FACTUAL NATURE REGARDING THE
ARREST OR INVESTIGATION OF THE CHARGES, AND/OR ANY DESIGNATED AND AVAIL-
ABLE ITEMS OR INFORMATION THAT COULD BE OF MATERIAL IMPORTANCE TO THE
DECISION ON THE GUILTY PLEA OFFER AND WOULD BE DISCOVERABLE PRIOR TO
TRIAL UNDER SUBDIVISION ONE OF SECTION 245.20 OF THIS ARTICLE. THE PROS-
ECUTION SHALL DISCLOSE THE REQUESTED AND DESIGNATED ITEMS OR INFORMA-
TION, AS WELL AS ANY KNOWN INFORMATION THAT TENDS TO BE EXCULPATORY OR
TO SUPPORT A DEFENSE TO A CHARGED OFFENSE, NOT LESS THAN THREE CALENDAR
DAYS PRIOR TO THE EXPIRATION DATE OF ANY GUILTY PLEA OFFER BY THE PROSE-
CUTION OR ANY DEADLINE IMPOSED BY THE COURT FOR ACCEPTANCE OF A NEGOTI-
ATED GUILTY PLEA OFFER. IF THE PROSECUTION DOES NOT COMPLY WITH A PROP-
ER REQUEST MADE PURSUANT TO THIS SUBDIVISION, THE COURT MAY TAKE
APPROPRIATE ACTION AS NECESSARY TO ADDRESS THE NON-COMPLIANCE. THE
INSPECTION RIGHTS UNDER THIS SUBDIVISION DO NOT APPLY TO ITEMS OR INFOR-
MATION THAT ARE THE SUBJECT OF A PROTECTIVE ORDER UNDER SECTION 245.70
OF THIS ARTICLE; BUT IF SUCH INFORMATION TENDS TO BE EXCULPATORY, THE
COURT SHALL RECONSIDER THE PROTECTIVE ORDER. THE COURT MAY DENY AN
INSPECTION UNDER THIS SUBDIVISION WHEN A REASONABLE PERSON IN THE
DEFENDANT'S POSITION WOULD NOT CONSIDER THE REQUESTED AND DESIGNATED
ITEM OR INFORMATION TO BE OF MATERIAL IMPORTANCE TO THE DECISION ON THE
GUILTY PLEA OFFER. A DEFENDANT MAY WAIVE HIS OR HER RIGHTS UNDER THIS
SUBDIVISION; BUT A GUILTY PLEA OFFER MAY NOT BE CONDITIONED ON SUCH
WAIVER.
2. OTHER GUILTY PLEAS. UPON AN INDICTMENT, SUPERIOR COURT INFORMATION,
PROSECUTOR'S INFORMATION, INFORMATION, SIMPLIFIED INFORMATION, OR
MISDEMEANOR COMPLAINT, WHERE THE PROSECUTION HAS MADE A GUILTY PLEA
OFFER REQUIRING A PLEA TO A CRIME, THE DEFENDANT MAY, UPON TIMELY
S. 1505--A 118 A. 2005--A
REQUEST AND REASONABLE NOTICE TO THE PROSECUTION, INSPECT ANY AVAILABLE
POLICE OR OTHER LAW ENFORCEMENT AGENCY REPORT OF A FACTUAL NATURE
REGARDING THE ARREST OR INVESTIGATION OF THE CHARGES, AND/OR ANY DESIG-
NATED AND AVAILABLE ITEMS OR INFORMATION THAT COULD BE OF MATERIAL
IMPORTANCE TO THE DECISION ON THE GUILTY PLEA OFFER AND WOULD BE DISCOV-
ERABLE PRIOR TO TRIAL UNDER SUBDIVISION ONE OF SECTION 245.20 OF THIS
ARTICLE. THE PROSECUTION SHALL DISCLOSE THE REQUESTED AND DESIGNATED
ITEMS OR INFORMATION, AS WELL AS ANY KNOWN INFORMATION THAT TENDS TO BE
EXCULPATORY OR TO SUPPORT A DEFENSE TO A CHARGED OFFENSE, NOT LESS THAN
SEVEN CALENDAR DAYS PRIOR TO THE EXPIRATION DATE OF ANY GUILTY PLEA
OFFER BY THE PROSECUTION OR ANY DEADLINE IMPOSED BY THE COURT FOR A
GUILTY PLEA. IF THE PROSECUTION DOES NOT COMPLY WITH A PROPER REQUEST
MADE PURSUANT TO THIS SUBDIVISION, THE COURT MAY TAKE APPROPRIATE ACTION
AS NECESSARY TO ADDRESS THE NON-COMPLIANCE. THE INSPECTION RIGHTS UNDER
THIS SUBDIVISION DO NOT APPLY TO ITEMS OR INFORMATION THAT ARE THE
SUBJECT OF A PROTECTIVE ORDER UNDER SECTION 245.70 OF THIS ARTICLE; BUT
IF SUCH INFORMATION TENDS TO BE EXCULPATORY, THE COURT SHALL RECONSIDER
THE PROTECTIVE ORDER. THE COURT MAY DENY AN INSPECTION UNDER THIS
SUBDIVISION WHEN A REASONABLE PERSON IN THE DEFENDANT'S POSITION WOULD
NOT CONSIDER THE REQUESTED AND DESIGNATED ITEM OR INFORMATION TO BE OF
MATERIAL IMPORTANCE TO THE DECISION ON THE GUILTY PLEA OFFER. A DEFEND-
ANT MAY WAIVE HIS OR HER RIGHTS UNDER THIS SUBDIVISION, BUT A GUILTY
PLEA OFFER MAY NOT BE CONDITIONED ON SUCH WAIVER.
§ 245.30 COURT ORDERS FOR PRESERVATION, ACCESS OR DISCOVERY.
1. ORDER TO PRESERVE EVIDENCE. AT ANY TIME, A PARTY MAY MOVE FOR A
COURT ORDER TO ANY INDIVIDUAL, AGENCY OR OTHER ENTITY IN POSSESSION,
CUSTODY OR CONTROL OF ITEMS WHICH RELATE TO THE SUBJECT MATTER OF THE
CASE OR ARE OTHERWISE RELEVANT, REQUIRING THAT SUCH ITEMS BE PRESERVED
FOR A SPECIFIED PERIOD OF TIME. THE COURT SHALL HEAR AND RULE UPON SUCH
MOTIONS EXPEDITIOUSLY. THE COURT MAY MODIFY OR VACATE SUCH AN ORDER
UPON A SHOWING THAT PRESERVATION OF PARTICULAR EVIDENCE WILL CREATE
SIGNIFICANT HARDSHIP, ON CONDITION THAT THE PROBATIVE VALUE OF THAT
EVIDENCE IS PRESERVED BY A SPECIFIED ALTERNATIVE MEANS.
2. ORDER TO GRANT ACCESS TO PREMISES. WITHOUT PREJUDICE TO ITS ABILI-
TY TO ISSUE A SUBPOENA PURSUANT TO THIS CHAPTER, AFTER AN ACCUSATORY
INSTRUMENT HAS BEEN FILED, ON APPLICATION OF THE PROSECUTION OR THE
DEFENDANT FOR ACCESS TO AN AREA OR PLACE RELEVANT TO THE CASE IN ORDER
TO INSPECT, PHOTOGRAPH, OR MEASURE SAME, AND UPON NOTICE TO THE PROPERTY
OWNER WITH A RIGHT TO BE HEARD, THE COURT MAY, UPON A FINDING THAT SUCH
WOULD BE MATERIAL TO THE PREPARATION OF THE CASE OR HELPFUL TO THE JURY
IN DETERMINING ANY MATERIAL FACTUAL ISSUE, ENTER AN ORDER AUTHORIZING
SAME ON A DATE AND TIME REASONABLE FOR THE PARTIES AND THOSE IN
POSSESSION OF THE AREA OR PLACE, PROVIDED THAT LAW ENFORCEMENT IS NOT IN
GOOD FAITH ENGAGED IN A CONTINUED INVESTIGATION OF THE AREA OR PLACE.
THE COURT MAY IN THE ALTERNATIVE OTHERWISE PROVIDE FOR THE SECURING OF
PHOTOGRAPHS OR MEASUREMENTS OF THE AREA OR PLACE, PARTICULARLY WHEN
NECESSARY TO PROTECT THE PRIVACY OF THOSE IN POSSESSION OF PRIVATE PREM-
ISES, OR WHEN NECESSARY TO PRESERVE THE SAFETY AND SECURITY OF A PLACE.
THE COURT MAY ALSO LIMIT ACCESS AND/OR THE DISTRIBUTION OF PHOTOGRAPHS
OR MEASUREMENTS TO THE PARTIES OR THEIR COUNSEL.
3. DISCRETIONARY DISCOVERY BY ORDER OF THE COURT. THE COURT IN ITS
DISCRETION MAY, UPON A SHOWING BY THE DEFENDANT THAT THE REQUEST IS
REASONABLE AND THAT THE DEFENDANT IS UNABLE WITHOUT UNDUE HARDSHIP TO
OBTAIN THE SUBSTANTIAL EQUIVALENT BY OTHER MEANS, ORDER THE PROSECUTION,
OR ANY INDIVIDUAL, AGENCY OR OTHER ENTITY SUBJECT TO THE JURISDICTION OF
THE COURT, TO MAKE AVAILABLE FOR DISCLOSURE TO THE DEFENDANT ANY MATERI-
S. 1505--A 119 A. 2005--A
AL OR INFORMATION WHICH RELATES TO THE SUBJECT MATTER OF THE CASE AND IS
REASONABLY LIKELY TO BE MATERIAL. A MOTION UNDER THIS SUBDIVISION MUST
BE ON NOTICE TO ANY PERSON OR ENTITY AFFECTED BY THE ORDER. THE COURT
MAY, ON ITS OWN, UPON REQUEST OF ANY PERSON OR ENTITY AFFECTED BY THE
ORDER, MODIFY OR VACATE THE ORDER IF COMPLIANCE WOULD BE UNREASONABLE OR
WILL CREATE SIGNIFICANT HARDSHIP. THE COURT MAY PERMIT A PARTY SEEKING
OR OPPOSING A DISCRETIONARY ORDER OF DISCOVERY UNDER THIS SUBDIVISION,
OR ANOTHER AFFECTED PERSON OR ENTITY, TO SUBMIT PAPERS OR TESTIFY ON THE
RECORD EX PARTE OR IN CAMERA. ANY SUCH PAPERS AND A TRANSCRIPT OF SUCH
TESTIMONY MAY BE SEALED AND SHALL CONSTITUTE A PART OF THE RECORD ON
APPEAL.
§ 245.35 COURT ORDERED PROCEDURES TO FACILITATE COMPLIANCE.
TO FACILITATE COMPLIANCE WITH THIS ARTICLE, AND TO REDUCE OR STREAM-
LINE LITIGATION OF ANY DISPUTES ABOUT DISCOVERY, THE COURT IN ITS
DISCRETION MAY ISSUE AN ORDER:
1. REQUIRING THAT THE PROSECUTOR AND COUNSEL FOR THE DEFENDANT DILI-
GENTLY CONFER TO ATTEMPT TO REACH AN ACCOMMODATION AS TO ANY DISPUTE
CONCERNING DISCOVERY PRIOR TO SEEKING A RULING FROM THE COURT;
2. REQUIRING A DISCOVERY COMPLIANCE CONFERENCE AT A SPECIFIED TIME
PRIOR TO TRIAL BETWEEN THE PROSECUTOR, COUNSEL FOR ALL DEFENDANTS, AND
THE COURT OR ITS STAFF;
3. REQUIRING THE PROSECUTION TO FILE AN ADDITIONAL CERTIFICATE OF
COMPLIANCE THAT STATES THAT THE PROSECUTOR AND/OR AN APPROPRIATE NAMED
AGENT HAS MADE REASONABLE INQUIRIES OF ALL POLICE OFFICERS AND OTHER
PERSONS WHO HAVE PARTICIPATED IN INVESTIGATING OR EVALUATING THE CASE
ABOUT THE EXISTENCE OF ANY FAVORABLE EVIDENCE OR INFORMATION WITHIN
PARAGRAPH (K) OF SUBDIVISION ONE OF SECTION 245.20 OF THIS ARTICLE,
INCLUDING SUCH EVIDENCE OR INFORMATION THAT WAS NOT REDUCED TO WRITING
OR OTHERWISE MEMORIALIZED OR PRESERVED AS EVIDENCE, AND HAS DISCLOSED
ANY SUCH INFORMATION TO THE DEFENDANT; AND/OR
4. REQUIRING OTHER MEASURES OR PROCEEDINGS DESIGNED TO CARRY INTO
EFFECT THE GOALS OF THIS ARTICLE.
§ 245.40 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
1. AVAILABILITY. AFTER THE FILING OF AN ACCUSATORY INSTRUMENT, AND
SUBJECT TO CONSTITUTIONAL LIMITATIONS, THE COURT MAY, UPON MOTION OF
THE PROSECUTION SHOWING PROBABLE CAUSE TO BELIEVE THE DEFENDANT HAS
COMMITTED THE CRIME, A CLEAR INDICATION THAT RELEVANT MATERIAL EVIDENCE
WILL BE FOUND, AND THAT THE METHOD USED TO SECURE SUCH EVIDENCE IS SAFE
AND RELIABLE, REQUIRE A DEFENDANT TO PROVIDE NON-TESTIMONIAL EVIDENCE,
INCLUDING TO:
(A) APPEAR IN A LINEUP;
(B) SPEAK FOR IDENTIFICATION BY A WITNESS OR POTENTIAL WITNESS;
(C) BE FINGERPRINTED;
(D) POSE FOR PHOTOGRAPHS NOT INVOLVING REENACTMENT OF AN EVENT;
(E) PERMIT THE TAKING OF SAMPLES OF THE DEFENDANT'S BLOOD, HAIR, AND
OTHER MATERIALS OF THE DEFENDANT'S BODY THAT INVOLVES NO UNREASONABLE
INTRUSION THEREOF;
(F) PROVIDE SPECIMENS OF THE DEFENDANT'S HANDWRITING; AND
(G) SUBMIT TO A REASONABLE PHYSICAL OR MEDICAL INSPECTION OF THE
DEFENDANT'S BODY.
2. LIMITATIONS. THIS SECTION SHALL NOT BE CONSTRUED TO ALTER OR IN ANY
WAY AFFECT THE ISSUANCE OF A SIMILAR COURT ORDER, AS MAY BE AUTHORIZED
BY LAW, BEFORE THE FILING OF AN ACCUSATORY INSTRUMENT, CONSISTENT WITH
SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THE STATE CONSTITUTION OR
THE UNITED STATES CONSTITUTION. THIS SECTION SHALL NOT BE CONSTRUED TO
ALTER OR IN ANY WAY AFFECT THE ADMINISTRATION OF A CHEMICAL TEST WHERE
S. 1505--A 120 A. 2005--A
OTHERWISE AUTHORIZED. AN ORDER PURSUANT TO THIS SECTION MAY BE DENIED,
LIMITED OR CONDITIONED AS PROVIDED IN SECTION 245.70 OF THIS ARTICLE.
§ 245.45 DNA COMPARISON ORDER.
WHERE PROPERTY IN THE PROSECUTION'S POSSESSION, CUSTODY, OR CONTROL
CONSISTS OF A DEOXYRIBONUCLEIC ACID ("DNA") PROFILE OBTAINED FROM
PROBATIVE BIOLOGICAL MATERIAL GATHERED IN CONNECTION WITH THE INVESTI-
GATION OF THE CRIME, OR THE DEFENDANT, OR THE PROSECUTION OF THE DEFEND-
ANT, AND THE DEFENDANT ESTABLISHES (A) THAT SUCH PROFILE COMPLIES WITH
FEDERAL BUREAU OF INVESTIGATION OR STATE REQUIREMENTS, WHICHEVER ARE
APPLICABLE AND AS SUCH REQUIREMENTS ARE APPLIED TO LAW ENFORCEMENT AGEN-
CIES SEEKING A KEYBOARD SEARCH OR SIMILAR COMPARISON, AND (B) THAT THE
DATA MEETS STATE DNA INDEX SYSTEM OR NATIONAL DNA INDEX SYSTEM CRITERIA
AS SUCH CRITERIA ARE APPLIED TO LAW ENFORCEMENT AGENCIES SEEKING SUCH A
KEYBOARD SEARCH OR SIMILAR COMPARISON, THE COURT MAY, UPON MOTION OF A
DEFENDANT AGAINST WHOM AN INDICTMENT, SUPERIOR COURT INFORMATION,
PROSECUTOR'S INFORMATION, INFORMATION, OR SIMPLIFIED INFORMATION IS
PENDING, ORDER AN ENTITY THAT HAS ACCESS TO THE COMBINED DNA INDEX
SYSTEM OR ITS SUCCESSOR SYSTEM TO COMPARE SUCH DNA PROFILE AGAINST DNA
DATABANKS BY KEYBOARD SEARCHES, OR A SIMILAR METHOD THAT DOES NOT
INVOLVE UPLOADING, UPON NOTICE TO BOTH PARTIES AND THE ENTITY REQUIRED
TO PERFORM THE SEARCH, UPON A SHOWING BY THE DEFENDANT THAT SUCH A
COMPARISON IS MATERIAL TO THE PRESENTATION OF HIS OR HER DEFENSE AND
THAT THE REQUEST IS REASONABLE. FOR PURPOSES OF THIS SECTION, A
"KEYBOARD SEARCH" SHALL MEAN A SEARCH OF A DNA PROFILE AGAINST THE
DATABANK IN WHICH THE PROFILE THAT IS SEARCHED IS NOT UPLOADED TO OR
MAINTAINED IN THE DATABANK.
§ 245.50 CERTIFICATES OF COMPLIANCE.
1. BY THE PROSECUTION. WHEN THE PROSECUTION HAS PROVIDED THE DISCOVERY
REQUIRED BY SUBDIVISION ONE OF SECTION 245.20 OF THIS ARTICLE, EXCEPT
FOR ANY ITEMS OR INFORMATION THAT ARE THE SUBJECT OF AN ORDER PURSUANT
TO SECTION 245.70 OF THIS ARTICLE, IT SHALL SERVE UPON THE DEFENDANT AND
FILE WITH THE COURT A CERTIFICATE OF COMPLIANCE. THE CERTIFICATE OF
COMPLIANCE SHALL STATE THAT, AFTER EXERCISING DUE DILIGENCE AND MAKING
REASONABLE INQUIRIES TO ASCERTAIN THE EXISTENCE OF MATERIAL AND INFOR-
MATION SUBJECT TO DISCOVERY, THE PROSECUTOR HAS DISCLOSED AND MADE
AVAILABLE ALL KNOWN MATERIAL AND INFORMATION SUBJECT TO DISCOVERY. IT
SHALL ALSO IDENTIFY THE ITEMS PROVIDED. IF ADDITIONAL DISCOVERY IS
SUBSEQUENTLY PROVIDED PRIOR TO TRIAL PURSUANT TO SECTION 245.60 OF THIS
ARTICLE, A SUPPLEMENTAL CERTIFICATE SHALL BE SERVED UPON THE DEFENDANT
AND FILED WITH THE COURT IDENTIFYING THE ADDITIONAL MATERIAL AND INFOR-
MATION PROVIDED. NO ADVERSE CONSEQUENCE TO THE PROSECUTION OR THE PROSE-
CUTOR SHALL RESULT FROM THE FILING OF A CERTIFICATE OF COMPLIANCE IN
GOOD FAITH; BUT THE COURT MAY GRANT A REMEDY OR SANCTION FOR A DISCOV-
ERY VIOLATION AS PROVIDED IN SECTION 245.80 OF THIS ARTICLE.
2. BY THE DEFENDANT. WHEN THE DEFENDANT HAS PROVIDED ALL DISCOVERY
REQUIRED BY SUBDIVISION FOUR OF SECTION 245.20 OF THIS ARTICLE, EXCEPT
FOR ANY ITEMS OR INFORMATION THAT ARE THE SUBJECT OF AN ORDER PURSUANT
TO SECTION 245.70 OF THIS ARTICLE, COUNSEL FOR THE DEFENDANT SHALL SERVE
UPON THE PROSECUTION AND FILE WITH THE COURT A CERTIFICATE OF COMPLI-
ANCE. THE CERTIFICATE SHALL STATE THAT, AFTER EXERCISING DUE DILIGENCE
AND MAKING REASONABLE INQUIRIES TO ASCERTAIN THE EXISTENCE OF MATERIAL
AND INFORMATION SUBJECT TO DISCOVERY, COUNSEL FOR THE DEFENDANT HAS
DISCLOSED AND MADE AVAILABLE ALL KNOWN MATERIAL AND INFORMATION SUBJECT
TO DISCOVERY. IT SHALL ALSO IDENTIFY THE ITEMS PROVIDED. IF ADDITIONAL
DISCOVERY IS SUBSEQUENTLY PROVIDED PRIOR TO TRIAL PURSUANT TO SECTION
245.60 OF THIS ARTICLE, A SUPPLEMENTAL CERTIFICATE SHALL BE SERVED UPON
S. 1505--A 121 A. 2005--A
THE PROSECUTION AND FILED WITH THE COURT IDENTIFYING THE ADDITIONAL
MATERIAL AND INFORMATION PROVIDED. NO ADVERSE CONSEQUENCE TO THE
DEFENDANT OR COUNSEL FOR THE DEFENDANT SHALL RESULT FROM THE FILING OF A
CERTIFICATE OF COMPLIANCE IN GOOD FAITH; BUT THE COURT MAY GRANT A REME-
DY OR SANCTION FOR A DISCOVERY VIOLATION AS PROVIDED IN SECTION 245.80
OF THIS ARTICLE.
§ 245.55 FLOW OF INFORMATION.
1. SUFFICIENT COMMUNICATION FOR COMPLIANCE. THE DISTRICT ATTORNEY AND
THE ASSISTANT RESPONSIBLE FOR THE CASE, OR, IF THE MATTER IS NOT BEING
PROSECUTED BY THE DISTRICT ATTORNEY, THE PROSECUTING AGENCY AND ITS
ASSIGNED REPRESENTATIVE, SHALL ENDEAVOR TO ENSURE THAT A FLOW OF INFOR-
MATION IS MAINTAINED BETWEEN THE POLICE AND OTHER INVESTIGATIVE PERSON-
NEL AND HIS OR HER OFFICE SUFFICIENT TO PLACE WITHIN HIS OR HER
POSSESSION OR CONTROL ALL MATERIAL AND INFORMATION PERTINENT TO THE
DEFENDANT AND THE OFFENSE OR OFFENSES CHARGED, INCLUDING, BUT NOT LIMIT-
ED TO, ANY EVIDENCE OR INFORMATION DISCOVERABLE UNDER PARAGRAPH (K) OF
SUBDIVISION ONE OF SECTION 245.20 OF THIS ARTICLE.
2. PROVISION OF LAW ENFORCEMENT AGENCY FILES. ABSENT A COURT ORDER OR
CLEAR SECURITY REQUIREMENT, UPON REQUEST BY THE PROSECUTION, A NEW YORK
STATE LAW ENFORCEMENT AGENCY SHALL MAKE AVAILABLE TO THE PROSECUTION A
COMPLETE COPY OF ITS COMPLETE FILES RELATED TO THE INVESTIGATION OF THE
CASE OR THE PROSECUTION OF THE DEFENDANT FOR COMPLIANCE WITH THIS ARTI-
CLE.
3. 911 TELEPHONE CALL AND POLICE RADIO TRANSMISSION ELECTRONIC
RECORDINGS, POLICE WORN BODY CAMERA RECORDINGS AND OTHER POLICE
RECORDINGS. (A) WHENEVER AN ELECTRONIC RECORDING OF A 911 TELEPHONE
CALL OR A POLICE RADIO TRANSMISSION OR VIDEO OR AUDIO FOOTAGE FROM A
POLICE BODY-WORN CAMERA OR OTHER POLICE RECORDING WAS MADE OR RECEIVED
IN CONNECTION WITH THE INVESTIGATION OF AN APPARENT CRIMINAL INCIDENT,
THE ARRESTING OFFICER OR LEAD DETECTIVE SHALL EXPEDITIOUSLY NOTIFY THE
PROSECUTION IN WRITING UPON THE FILING OF AN ACCUSATORY INSTRUMENT OF
THE EXISTENCE OF ALL SUCH KNOWN RECORDINGS. THE PROSECUTION SHALL EXPE-
DITIOUSLY TAKE WHATEVER REASONABLE STEPS ARE NECESSARY TO ENSURE THAT
ALL KNOWN ELECTRONIC RECORDINGS OF 911 TELEPHONE CALLS, POLICE RADIO
TRANSMISSIONS AND VIDEO AND AUDIO FOOTAGE AND OTHER POLICE RECORDINGS
MADE OR AVAILABLE IN CONNECTION WITH THE CASE ARE PRESERVED THROUGHOUT
THE PENDENCY OF THE CASE. UPON THE DEFENDANT'S TIMELY REQUEST AND DESIG-
NATION OF A SPECIFIC ELECTRONIC RECORDING OF A 911 TELEPHONE CALL, THE
PROSECUTION SHALL ALSO EXPEDITIOUSLY TAKE WHATEVER REASONABLE STEPS ARE
NECESSARY TO ENSURE THAT IT IS PRESERVED THROUGHOUT THE PENDENCY OF THE
CASE.
(B) IF THE PROSECUTION FAILS TO DISCLOSE SUCH AN ELECTRONIC RECORDING
TO THE DEFENDANT PURSUANT TO PARAGRAPH (E), (G) OR (K) OF SUBDIVISION
ONE OF SECTION 245.20 OF THIS ARTICLE DUE TO A FAILURE TO COMPLY WITH
THIS OBLIGATION BY POLICE OFFICERS OR OTHER LAW ENFORCEMENT OR PROSE-
CUTION PERSONNEL, THE COURT UPON MOTION OF THE DEFENDANT SHALL IMPOSE AN
APPROPRIATE REMEDY OR SANCTION PURSUANT TO SECTION 245.80 OF THIS ARTI-
CLE.
§ 245.60 CONTINUING DUTY TO DISCLOSE.
IF EITHER THE PROSECUTION OR THE DEFENDANT SUBSEQUENTLY LEARNS OF
ADDITIONAL MATERIAL OR INFORMATION WHICH IT WOULD HAVE BEEN UNDER A DUTY
TO DISCLOSE PURSUANT TO ANY PROVISIONS OF THIS ARTICLE AT THE TIME OF A
PREVIOUS DISCOVERY OBLIGATION OR DISCOVERY ORDER, IT SHALL EXPEDITIOUSLY
NOTIFY THE OTHER PARTY AND DISCLOSE THE ADDITIONAL MATERIAL OR INFORMA-
TION AS REQUIRED FOR INITIAL DISCOVERY UNDER THIS ARTICLE. THIS
PROVISION ALSO REQUIRES EXPEDITIOUS DISCLOSURE BY THE PROSECUTION OF
S. 1505--A 122 A. 2005--A
MATERIAL OR INFORMATION THAT BECAME RELEVANT TO THE CASE OR DISCOVERABLE
BASED UPON RECIPROCAL DISCOVERY RECEIVED FROM THE DEFENDANT PURSUANT TO
SUBDIVISION FOUR OF SECTION 245.20 OF THIS ARTICLE.
§ 245.65 WORK PRODUCT.
THIS ARTICLE DOES NOT AUTHORIZE DISCOVERY BY A PARTY OF THOSE PORTIONS
OF RECORDS, REPORTS, CORRESPONDENCE, MEMORANDA, OR INTERNAL DOCUMENTS OF
THE ADVERSE PARTY WHICH ARE ONLY THE LEGAL RESEARCH, OPINIONS, THEORIES
OR CONCLUSIONS OF THE ADVERSE PARTY OR ITS ATTORNEY OR THE ATTORNEY'S
AGENTS, OR OF STATEMENTS OF A DEFENDANT, WRITTEN OR RECORDED OR SUMMA-
RIZED IN ANY WRITING OR RECORDING, MADE TO THE ATTORNEY FOR THE DEFEND-
ANT OR THE ATTORNEY'S AGENTS.
§ 245.70 PROTECTIVE ORDERS.
1. ANY DISCOVERY SUBJECT TO PROTECTIVE ORDER. UPON A SHOWING OF GOOD
CAUSE BY EITHER PARTY, THE COURT MAY AT ANY TIME ORDER THAT DISCOVERY OR
INSPECTION OF ANY KIND OF MATERIAL OR INFORMATION UNDER THIS ARTICLE BE
DENIED, RESTRICTED, CONDITIONED OR DEFERRED, OR MAKE SUCH OTHER ORDER AS
IS APPROPRIATE. THE COURT MAY IMPOSE AS A CONDITION ON DISCOVERY TO A
DEFENDANT THAT THE MATERIAL OR INFORMATION TO BE DISCOVERED BE AVAILABLE
ONLY TO COUNSEL FOR THE DEFENDANT; OR, ALTERNATIVELY, THAT COUNSEL FOR
THE DEFENDANT, AND PERSONS EMPLOYED BY THE ATTORNEY OR APPOINTED BY THE
COURT TO ASSIST IN THE PREPARATION OF A DEFENDANT'S CASE, MAY NOT
DISCLOSE PHYSICAL COPIES OF THE DISCOVERABLE DOCUMENTS TO A DEFENDANT OR
TO ANYONE ELSE, PROVIDED THAT THE PROSECUTION AFFORDS THE DEFENDANT
ACCESS TO INSPECT REDACTED COPIES OF THE DISCOVERABLE DOCUMENTS AT A
SUPERVISED LOCATION THAT PROVIDES REGULAR AND REASONABLE HOURS FOR SUCH
ACCESS, SUCH AS A PROSECUTOR'S OFFICE, POLICE STATION, FACILITY OF
DETENTION, OR COURT. THE COURT MAY PERMIT A PARTY SEEKING OR OPPOSING A
PROTECTIVE ORDER UNDER THIS SECTION, OR ANOTHER AFFECTED PERSON, TO
SUBMIT PAPERS OR TESTIFY ON THE RECORD EX PARTE OR IN CAMERA. ANY SUCH
PAPERS AND A TRANSCRIPT OF SUCH TESTIMONY MAY BE SEALED AND SHALL
CONSTITUTE A PART OF THE RECORD ON APPEAL. THIS SECTION DOES NOT ALTER
THE ALLOCATION OF THE BURDEN OF PROOF WITH REGARD TO MATTERS AT ISSUE,
INCLUDING PRIVILEGE.
2. MODIFICATION OF TIME PERIODS FOR DISCOVERY. UPON MOTION OF A PARTY
IN AN INDIVIDUAL CASE, THE COURT MAY ALTER THE TIME PERIODS FOR DISCOV-
ERY IMPOSED BY THIS ARTICLE UPON A SHOWING OF GOOD CAUSE.
3. PROMPT HEARING. UPON REQUEST FOR A PROTECTIVE ORDER, THE COURT
SHALL CONDUCT AN APPROPRIATE HEARING WITHIN THREE BUSINESS DAYS TO
DETERMINE WHETHER GOOD CAUSE HAS BEEN SHOWN AND WHEN PRACTICABLE SHALL
RENDER DECISION EXPEDITIOUSLY. ANY MATERIALS SUBMITTED AND A TRANSCRIPT
OF THE PROCEEDING MAY BE SEALED AND SHALL CONSTITUTE A PART OF THE
RECORD ON APPEAL.
4. SHOWING OF GOOD CAUSE. GOOD CAUSE UNDER THIS SECTION INCLUDES BUT
IS NOT LIMITED TO: CONSTITUTIONAL RIGHTS OR LIMITATIONS; DANGER TO THE
INTEGRITY OF PHYSICAL EVIDENCE; AN UNREASONABLE RISK OF PHYSICAL HARM,
INTIMIDATION, ECONOMIC REPRISAL, BRIBERY OR UNJUSTIFIED ANNOYANCE OR
EMBARRASSMENT TO ANY PERSON; AN UNREASONABLE RISK OF AN ADVERSE EFFECT
UPON THE LEGITIMATE NEEDS OF LAW ENFORCEMENT, INCLUDING BUT NOT LIMITED
TO A CONTINUING OR RELATED GRAND JURY PROCEEDING AND THE PROTECTION OF
THE CONFIDENTIALITY OF INFORMANTS; DANGER TO ANY PERSON STEMMING FROM
FACTORS SUCH AS A DEFENDANT'S GANG AFFILIATION, PRIOR HISTORY OF INTER-
FERING WITH WITNESSES, OR THREATS OR INTIMIDATING ACTIONS DIRECTED AT
POTENTIAL WITNESSES; OR OTHER SIMILAR FACTORS THAT ALSO OUTWEIGH THE
USEFULNESS OF THE DISCOVERY.
5. SUCCESSOR COUNSEL OR PRO SE DEFENDANT. IN CASES IN WHICH THE ATTOR-
NEY-CLIENT RELATIONSHIP IS TERMINATED PRIOR TO TRIAL FOR ANY REASON,
S. 1505--A 123 A. 2005--A
ANY MATERIAL OR INFORMATION DISCLOSED SUBJECT TO A CONDITION THAT IT BE
AVAILABLE ONLY TO COUNSEL FOR THE DEFENDANT, OR LIMITED IN DISSEMINATION
BY PROTECTIVE ORDER OR OTHERWISE, SHALL BE PROVIDED ONLY TO SUCCESSOR
COUNSEL FOR THE DEFENDANT UNDER THE SAME CONDITION OR CONDITIONS OR BE
RETURNED TO THE PROSECUTION, UNLESS THE COURT RULES OTHERWISE FOR GOOD
CAUSE SHOWN OR THE PROSECUTOR GIVES WRITTEN CONSENT. ANY WORK PRODUCT
DERIVED FROM SUCH MATERIAL OR INFORMATION SHALL NOT BE PROVIDED TO THE
DEFENDANT, UNLESS THE COURT RULES OTHERWISE OR THE PROSECUTOR GIVES
WRITTEN CONSENT. IF THE DEFENDANT IS ACTING AS HIS OR HER OWN ATTORNEY,
THE COURT MAY REGULATE THE TIME, PLACE AND MANNER OF ACCESS TO ANY
DISCOVERABLE MATERIAL OR INFORMATION; AND IT MAY AS APPROPRIATE APPOINT
PERSONS TO ASSIST THE DEFENDANT IN THE INVESTIGATION OR PREPARATION OF
THE CASE. UPON MOTION OR APPLICATION OF A DEFENDANT ACTING AS HIS OR HER
OWN ATTORNEY, THE COURT MAY AT ANY TIME MODIFY OR VACATE ANY CONDITION
OR RESTRICTION RELATING TO ACCESS TO DISCOVERABLE MATERIAL OR INFORMA-
TION, FOR GOOD CAUSE SHOWN.
6. EXPEDITED REVIEW OF ADVERSE RULING. (A) A PARTY THAT HAS UNSUCCESS-
FULLY SOUGHT, OR UNSUCCESSFULLY OPPOSED THE GRANTING OF, A PROTECTIVE
ORDER UNDER THIS SECTION RELATING TO THE NAME, ADDRESS, CONTACT INFORMA-
TION OR STATEMENTS OF A PERSON MAY OBTAIN EXPEDITED REVIEW OF THAT
RULING BY AN INDIVIDUAL JUSTICE OF THE INTERMEDIATE APPELLATE COURT TO
WHICH AN APPEAL FROM A JUDGMENT OF CONVICTION IN THE CASE WOULD BE
TAKEN.
(B) SUCH REVIEW SHALL BE SOUGHT WITHIN TWO BUSINESS DAYS OF THE
ADVERSE OR PARTIALLY ADVERSE RULING, BY ORDER TO SHOW CAUSE FILED WITH
THE INTERMEDIATE APPELLATE COURT. THE ORDER TO SHOW CAUSE SHALL IN ADDI-
TION BE TIMELY SERVED ON THE LOWER COURT AND ON THE OPPOSING PARTY, AND
SHALL BE ACCOMPANIED BY A SWORN AFFIRMATION STATING IN GOOD FAITH (I)
THAT THE RULING AFFECTS SUBSTANTIAL INTERESTS, AND (II) THAT DILIGENT
EFFORTS TO REACH AN ACCOMMODATION OF THE UNDERLYING DISCOVERY DISPUTE
WITH OPPOSING COUNSEL FAILED OR THAT NO ACCOMMODATION WAS FEASIBLE;
EXCEPT THAT SERVICE ON THE OPPOSING PARTY, AND A STATEMENT REGARDING
EFFORTS TO REACH AN ACCOMMODATION, ARE UNNECESSARY WHERE THE OPPOSING
PARTY WAS NOT MADE AWARE OF THE APPLICATION FOR A PROTECTIVE ORDER AND
GOOD CAUSE EXISTS FOR OMITTING SERVICE OF THE ORDER TO SHOW CAUSE ON THE
OPPOSING PARTY. THE LOWER COURT'S ORDER SUBJECT TO REVIEW SHALL BE
STAYED UNTIL THE APPELLATE JUSTICE RENDERS DECISION.
(C) THE ASSIGNMENT OF THE INDIVIDUAL APPELLATE JUSTICE, AND THE MODE
OF AND PROCEDURE FOR THE REVIEW, ARE DETERMINED BY RULES OF THE INDIVID-
UAL APPELLATE COURTS. THE APPELLATE JUSTICE MAY CONSIDER ANY RELEVANT
AND RELIABLE INFORMATION BEARING ON THE ISSUE, AND MAY DISPENSE WITH
WRITTEN BRIEFS OTHER THAN SUPPORTING AND OPPOSING MATERIALS PREVIOUSLY
SUBMITTED TO THE LOWER COURT. THE APPELLATE JUSTICE MAY DISPENSE WITH
THE ISSUANCE OF A WRITTEN OPINION IN RENDERING HIS OR HER DECISION, AND
WHEN PRACTICABLE SHALL RENDER DECISION EXPEDITIOUSLY. SUCH REVIEW AND
DECISION SHALL NOT AFFECT THE RIGHT OF A DEFENDANT, IN A SUBSEQUENT
APPEAL FROM A JUDGMENT OF CONVICTION, TO CLAIM AS ERROR THE RULING
REVIEWED.
7. COMPLIANCE WITH PROTECTIVE ORDER. ANY PROTECTIVE ORDER ISSUED UNDER
THIS ARTICLE IS A MANDATE OF THE COURT FOR PURPOSES OF THE OFFENSE OF
CRIMINAL CONTEMPT IN SUBDIVISION THREE OF SECTION 215.50 OF THE PENAL
LAW.
§ 245.75 WAIVER OF DISCOVERY BY DEFENDANT.
A DEFENDANT WHO DOES NOT SEEK DISCOVERY FROM THE PROSECUTION UNDER
THIS ARTICLE SHALL SO NOTIFY THE PROSECUTION AND THE COURT AT THE
DEFENDANT'S ARRAIGNMENT ON AN INDICTMENT, SUPERIOR COURT INFORMATION,
S. 1505--A 124 A. 2005--A
PROSECUTOR'S INFORMATION, INFORMATION, OR SIMPLIFIED INFORMATION, OR
EXPEDITIOUSLY THEREAFTER BUT BEFORE RECEIVING DISCOVERY FROM THE PROSE-
CUTION PURSUANT TO SUBDIVISION ONE OF SECTION 245.20 OF THIS ARTICLE,
AND THE DEFENDANT NEED NOT PROVIDE DISCOVERY TO THE PROSECUTION PURSUANT
TO SUBDIVISION FOUR OF SECTION 245.20 AND SECTION 245.60 OF THIS ARTI-
CLE. A WAIVER SHALL BE IN WRITING AND SIGNED BY THE DEFENDANT AND COUN-
SEL FOR THE DEFENDANT. SUCH A WAIVER DOES NOT ALTER OR IN ANY WAY
AFFECT THE PROCEDURES, OBLIGATIONS OR RIGHTS SET FORTH IN SECTIONS
250.10, 250.20 AND 250.30 OF THIS TITLE, OR OTHERWISE ESTABLISHED OR
REQUIRED BY LAW. THE PROSECUTION MAY NOT CONDITION A GUILTY PLEA OFFER
ON THE DEFENDANT'S EXECUTION OF A WAIVER UNDER THIS SECTION.
§ 245.80 REMEDIES OR SANCTIONS FOR NON-COMPLIANCE.
1. NEED FOR REMEDY OR SANCTION. (A) WHEN MATERIAL OR INFORMATION IS
DISCOVERABLE UNDER THIS ARTICLE BUT IS DISCLOSED BELATEDLY, THE COURT
SHALL IMPOSE AN APPROPRIATE REMEDY OR SANCTION IF THE PARTY ENTITLED TO
DISCLOSURE SHOWS THAT IT WAS PREJUDICED. REGARDLESS OF A SHOWING OF
PREJUDICE THE PARTY ENTITLED TO DISCLOSURE SHALL BE GIVEN REASONABLE
TIME TO PREPARE AND RESPOND TO THE NEW MATERIAL.
(B) WHEN MATERIAL OR INFORMATION IS DISCOVERABLE UNDER THIS ARTICLE
BUT CANNOT BE DISCLOSED BECAUSE IT HAS BEEN LOST OR DESTROYED, THE COURT
SHALL IMPOSE AN APPROPRIATE REMEDY OR SANCTION IF THE PARTY ENTITLED TO
DISCLOSURE SHOWS THAT THE LOST OR DESTROYED MATERIAL MAY HAVE CONTAINED
SOME INFORMATION RELEVANT TO A CONTESTED ISSUE. THE APPROPRIATE REMEDY
OR SANCTION IS THAT WHICH IS PROPORTIONATE TO THE POTENTIAL WAYS IN
WHICH THE LOST OR DESTROYED MATERIAL REASONABLY COULD HAVE BEEN HELPFUL
TO THE PARTY ENTITLED TO DISCLOSURE.
2. AVAILABLE REMEDIES OR SANCTIONS. FOR FAILURE TO COMPLY WITH ANY
DISCOVERY ORDER IMPOSED OR ISSUED PURSUANT TO THIS ARTICLE, THE COURT
MAY MAKE A FURTHER ORDER FOR DISCOVERY, GRANT A CONTINUANCE, ORDER THAT
A HEARING BE REOPENED, ORDER THAT A WITNESS BE CALLED OR RECALLED,
INSTRUCT THE JURY THAT IT MAY DRAW AN ADVERSE INFERENCE REGARDING THE
NON-COMPLIANCE, PRECLUDE OR STRIKE A WITNESS'S TESTIMONY OR A PORTION OF
A WITNESS'S TESTIMONY, ADMIT OR EXCLUDE EVIDENCE, ORDER A MISTRIAL,
ORDER THE DISMISSAL OF ALL OR SOME OF THE CHARGES, OR MAKE SUCH OTHER
ORDER AS IT DEEMS JUST UNDER THE CIRCUMSTANCES; EXCEPT THAT ANY SANCTION
AGAINST THE DEFENDANT SHALL COMPORT WITH THE DEFENDANT'S CONSTITUTIONAL
RIGHT TO PRESENT A DEFENSE, AND PRECLUDING A DEFENSE WITNESS FROM
TESTIFYING SHALL BE PERMISSIBLE ONLY UPON A FINDING THAT THE DEFENDANT'S
FAILURE TO COMPLY WITH THE DISCOVERY OBLIGATION OR ORDER WAS WILLFUL
AND MOTIVATED BY A DESIRE TO OBTAIN A TACTICAL ADVANTAGE.
3. CONSEQUENCES OF NON-DISCLOSURE OF STATEMENT OF TESTIFYING PROSE-
CUTION WITNESS. THE FAILURE OF THE PROSECUTOR OR ANY AGENT OF THE PROSE-
CUTOR TO DISCLOSE ANY WRITTEN OR RECORDED STATEMENT MADE BY A PROSE-
CUTION WITNESS WHICH RELATES TO THE SUBJECT MATTER OF THE WITNESS'S
TESTIMONY SHALL NOT CONSTITUTE GROUNDS FOR ANY COURT TO ORDER A NEW
PRE-TRIAL HEARING OR SET ASIDE A CONVICTION, OR REVERSE, MODIFY OR
VACATE A JUDGMENT OF CONVICTION, IN THE ABSENCE OF A SHOWING BY THE
DEFENDANT THAT THERE IS A REASONABLE POSSIBILITY THAT THE NON-DISCLOSURE
MATERIALLY CONTRIBUTED TO THE RESULT OF THE TRIAL OR OTHER PROCEEDING;
PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION SHALL AFFECT OR LIMIT
ANY RIGHT THE DEFENDANT MAY HAVE TO A REOPENED PRE-TRIAL HEARING WHEN
SUCH STATEMENTS WERE DISCLOSED BEFORE THE CLOSE OF EVIDENCE AT TRIAL.
§ 245.85 ADMISSIBILITY OF DISCOVERY.
THE FACT THAT A PARTY HAS INDICATED DURING THE DISCOVERY PROCESS AN
INTENTION TO OFFER SPECIFIED EVIDENCE OR TO CALL A SPECIFIED WITNESS IS
S. 1505--A 125 A. 2005--A
NOT ADMISSIBLE IN EVIDENCE OR GROUNDS FOR ADVERSE COMMENT AT A HEARING
OR A TRIAL.
§ 3. Subdivision 3 of section 610.20 of the criminal procedure law is
amended and a new subdivision 4 is added to read as follows:
3. An attorney for a defendant in a criminal action or proceeding, as
an officer of a criminal court, may issue a subpoena of such court,
subscribed by himself, for the attendance in such court of any witness
whom the defendant is entitled to call in such action or proceeding. An
attorney for a defendant may not issue a subpoena duces tecum of the
court directed to any department, bureau or agency of the state or of a
political subdivision thereof, or to any officer or representative ther-
eof, UNLESS THE SUBPOENA IS ENDORSED BY THE COURT AND PROVIDES AT LEAST
THREE DAYS FOR THE PRODUCTION OF THE REQUESTED MATERIALS. IN THE CASE OF
AN EMERGENCY, THE COURT MAY BY ORDER DISPENSE WITH THE THREE-DAY
PRODUCTION PERIOD. Such a subpoena duces tecum may be issued in behalf
of a defendant upon order of a court pursuant to the rules applicable to
civil cases as provided in section twenty-three hundred seven of the
civil practice law and rules.
4. THE SHOWING REQUIRED TO SUSTAIN ANY SUBPOENA UNDER THIS SECTION IS
THAT THE TESTIMONY OR EVIDENCE SOUGHT IS REASONABLY LIKELY TO BE RELE-
VANT AND MATERIAL TO THE PROCEEDINGS, AND THE SUBPOENA IS NOT OVERBROAD
OR UNREASONABLY BURDENSOME.
§ 4. Section 65.20 of the criminal procedure law, as added by chapter
505 of the laws of 1985, subdivision 2 as added, the opening paragraph
of subdivision 10 as amended and subdivisions 3, 4, 5, 6, 7, 8, 9, 10,
11, 12 and 13 as renumbered by chapter 548 of the laws of 2007, subdivi-
sion 7 and paragraph (k) of subdivision 10 as amended by chapter 320 of
the laws of 2006 and subdivisions 11 and 12 as amended by chapter 455 of
the laws of 1991, is amended to read as follows:
§ 65.20 Closed-circuit television; procedure for application and grounds
for determination.
1. Prior to the commencement of a criminal proceeding; other than a
grand jury proceeding, either party may apply to the court for an order
declaring that a child witness is vulnerable.
2. A child witness should be declared vulnerable when the court, in
accordance with the provisions of this section, determines by clear and
convincing evidence that the child witness would suffer serious mental
or emotional harm that would substantially impair the child witness'
ability to communicate with the finder of fact without the use of live,
two-way closed-circuit television.
3. A motion pursuant to subdivision one of this section must be made
in writing at least eight days before the commencement of trial or other
criminal proceeding upon reasonable notice to the other party and with
an opportunity to be heard.
4. The motion papers must state the basis for the motion and must
contain sworn allegations of fact which, if true, would support a deter-
mination by the court that the child witness is vulnerable. Such allega-
tions may be based upon the personal knowledge of the deponent or upon
information and belief, provided that, in the latter event, the sources
of such information and the grounds for such belief are stated.
5. The answering papers may admit or deny any of the alleged facts and
may, in addition, contain sworn allegations of fact relevant to the
motion, including the rights of the defendant, the need to protect the
child witness and the integrity of the truth-finding function of the
trier of fact.
S. 1505--A 126 A. 2005--A
6. Unless all material facts alleged in support of the motion made
pursuant to subdivision one of this section are conceded, the court
shall, in addition to examining the papers and hearing oral argument,
conduct an appropriate hearing for the purpose of making findings of
fact essential to the determination of the motion. Except as provided in
subdivision [six] SEVEN of this section, it may subpoena or call and
examine witnesses, who must either testify under oath or be permitted to
give unsworn testimony pursuant to subdivision two of section 60.20 and
must authorize the attorneys for the parties to do the same.
7. Notwithstanding any other provision of law, the child witness who
is alleged to be vulnerable may not be compelled to testify at such
hearing or to submit to any psychological or psychiatric examination.
The failure of the child witness to testify at such hearing shall not be
a ground for denying a motion made pursuant to subdivision one of this
section. Prior statements made by the child witness relating to any
allegations of conduct constituting an offense defined in article one
hundred thirty of the penal law or incest as defined in section 255.25,
255.26 or 255.27 of such law or to any allegation of words or conduct
constituting an attempt to prevent, impede or deter the child witness
from cooperating in the investigation or prosecution of the offense
shall be admissible at such hearing, provided, however, that a declara-
tion that a child witness is vulnerable may not be based solely upon
such prior statements.
8. (a) Notwithstanding any of the provisions of article forty-five of
the civil practice law and rules, any physician, psychologist, nurse or
social worker who has treated a child witness may testify at a hearing
conducted pursuant to subdivision [five] SIX of this section concerning
the treatment of such child witness as such treatment relates to the
issue presented at the hearing, provided that any otherwise applicable
statutory privileges concerning communications between the child witness
and such physician, psychologist, nurse or social worker in connection
with such treatment shall not be deemed waived by such testimony alone,
except to the limited extent of permitting the court alone to examine in
camera reports, records or documents, if any, prepared by such physi-
cian, psychologist, nurse or social worker. If upon such examination the
court determines that such reports, records or documents, or any one or
portion thereof, contain information material and relevant to the issue
of whether the child witness is a vulnerable child witness, the court
shall disclose such information to both the attorney for the defendant
and the district attorney.
(b) At any time after a motion has been made pursuant to subdivision
one of this section, upon the demand of the other party the moving party
must furnish the demanding party with a copy of any and all of such
records, reports or other documents in the possession of such other
party and must, in addition, supply the court with a copy of all such
reports, records or other documents which are the subject of the demand.
At any time after a demand has been made pursuant to this paragraph, the
moving party may demand that property of the same kind or character in
possession of the party that originally made such demand be furnished to
the moving party and, if so furnished, be supplied, in addition, to the
court.
9. (a) Prior to the commencement of the hearing conducted pursuant to
subdivision [five] SIX of this section, the district attorney shall,
subject to a protective order, comply with the provisions of PARAGRAPH
(C) OF subdivision one of section [240.45] 245.20 of this chapter as
S. 1505--A 127 A. 2005--A
they concern any witness whom the district attorney intends to call at
the hearing and the child witness.
(b) Before a defendant calls a witness at such hearing, he or she
must, subject to a protective order, comply with the provisions of
subdivision [two] FOUR of section [240.45] 245.20 of this chapter as
they concern all the witnesses the defendant intends to call at such
hearing.
10. The court may consider, in determining whether there are factors
which would cause the child witness to suffer serious mental or
emotional harm, a finding that any one or more of the following circum-
stances have been established by clear and convincing evidence:
(a) The manner of the commission of the offense of which the defendant
is accused was particularly heinous or was characterized by aggravating
circumstances.
(b) The child witness is particularly young or otherwise particularly
subject to psychological harm on account of a physical or mental condi-
tion which existed before the alleged commission of the offense.
(c) At the time of the alleged offense, the defendant occupied a posi-
tion of authority with respect to the child witness.
(d) The offense or offenses charged were part of an ongoing course of
conduct committed by the defendant against the child witness over an
extended period of time.
(e) A deadly weapon or dangerous instrument was allegedly used during
the commission of the crime.
(f) The defendant has inflicted serious physical injury upon the child
witness.
(g) A threat, express or implied, of physical violence to the child
witness or a third person if the child witness were to report the inci-
dent to any person or communicate information to or cooperate with a
court, grand jury, prosecutor, police officer or peace officer concern-
ing the incident has been made by or on behalf of the defendant.
(h) A threat, express or implied, of the incarceration of a parent or
guardian of the child witness, the removal of the child witness from the
family or the dissolution of the family of the child witness if the
child witness were to report the incident to any person or communicate
information to or cooperate with a court, grand jury, prosecutor, police
officer or peace officer concerning the incident has been made by or on
behalf of the defendant.
(i) A witness other than the child witness has received a threat of
physical violence directed at such witness or to a third person by or on
behalf of the defendant.
(j) The defendant, at the time of the inquiry, (i) is living in the
same household with the child witness, (ii) has ready access to the
child witness or (iii) is providing substantial financial support for
the child witness.
(k) The child witness has previously been the victim of an offense
defined in article one hundred thirty of the penal law or incest as
defined in section 255.25, 255.26 or 255.27 of such law.
(l) According to expert testimony, the child witness would be partic-
ularly [suceptible] SUSCEPTIBLE to psychological harm if required to
testify in open court or in the physical presence of the defendant.
11. Irrespective of whether a motion was made pursuant to subdivision
one of this section, the court, at the request of either party or on its
own motion, may decide that a child witness may be vulnerable based on
its own observations that a child witness who has been called to testify
at a criminal proceeding is suffering severe mental or emotional harm
S. 1505--A 128 A. 2005--A
and therefore is physically or mentally unable to testify or to continue
to testify in open court or in the physical presence of the defendant
and that the use of live, two-way closed-circuit television is necessary
to enable the child witness to testify. If the court so decides, it must
conduct the same hearing that subdivision [five] SIX of this section
requires when a motion is made pursuant to subdivision one of this
section, and it must make findings of fact pursuant to subdivisions
[nine] TEN and [eleven] TWELVE of this section, before determining that
the child witness is vulnerable.
12. In deciding whether a child witness is vulnerable, the court shall
make findings of fact which reflect the causal relationship between the
existence of any one or more of the factors set forth in subdivision
[nine] TEN of this section or other relevant factors which the court
finds are established and the determination that the child witness is
vulnerable. If the court is satisfied that the child witness is vulner-
able and that, under the facts and circumstances of the particular case,
the defendant's constitutional rights to an impartial jury or of
confrontation will not be impaired, it may enter an order granting the
application for the use of live, two-way closed-circuit television.
13. When the court has determined that a child witness is a vulnerable
child witness, it shall make a specific finding as to whether placing
the defendant and the child witness in the same room during the testimo-
ny of the child witness will contribute to the likelihood that the child
witness will suffer severe mental or emotional harm. If the court finds
that placing the defendant and the child witness in the same room during
the testimony of the child witness will contribute to the likelihood
that the child witness will suffer severe mental or emotional harm, the
order entered pursuant to subdivision [eleven] TWELVE of this section
shall direct that the defendant remain in the courtroom during the
testimony of the vulnerable child witness.
§ 5. Subdivision 5 of section 200.95 of the criminal procedure law, as
added by chapter 558 of the laws of 1982, is amended to read as follows:
5. Court ordered bill of particulars. Where a prosecutor has timely
served a written refusal pursuant to subdivision four of this section
and upon motion, made in writing, of a defendant, who has made a request
for a bill of particulars and whose request has not been complied with
in whole or in part, the court must, to the extent a protective order is
not warranted, order the prosecutor to comply with the request if it is
satisfied that the items of factual information requested are authorized
to be included in a bill of particulars, and that such information is
necessary to enable the defendant adequately to prepare or conduct his
defense and, if the request was untimely, a finding of good cause for
the delay. Where a prosecutor has not timely served a written refusal
pursuant to subdivision four of this section the court must, unless it
is satisfied that the people have shown good cause why such an order
should not be issued, issue an order requiring the prosecutor to comply
or providing for any other order authorized by [subdivision one of
section 240.70] SECTION 245.80 OF THIS PART.
§ 6. Paragraph (c) of subdivision 1 of section 255.10 of the criminal
procedure law, as added by chapter 763 of the laws of 1974, is amended
to read as follows:
(c) granting discovery pursuant to article [240] 245; or
§ 7. Subdivision 1 of section 255.20 of the criminal procedure law, as
amended by chapter 369 of the laws of 1982, is amended to read as
follows:
S. 1505--A 129 A. 2005--A
1. Except as otherwise expressly provided by law, whether the defend-
ant is represented by counsel or elects to proceed pro se, all pre-trial
motions shall be served or filed within forty-five days after arraign-
ment and before commencement of trial, or within such additional time as
the court may fix upon application of the defendant made prior to entry
of judgment. In an action in which EITHER (A) MATERIAL OR INFORMATION
HAS BEEN DISCLOSED PURSUANT TO PARAGRAPH (M) OR (N) OF SUBDIVISION ONE
OF SECTION 245.20, (B) an eavesdropping warrant and application have
been furnished pursuant to section 700.70, or (C) a notice of intention
to introduce evidence has been served pursuant to section 710.30, such
period shall be extended until forty-five days after the last date of
such service. If the defendant is not represented by counsel and has
requested an adjournment to obtain counsel or to have counsel assigned,
such forty-five day period shall commence on the date counsel initially
appears on defendant's behalf.
§ 8. Section 340.30 of the criminal procedure law is amended to read
as follows:
§ 340.30 Pre-trial discovery and notices of defenses.
The provisions of article two hundred [forty] FORTY-FIVE, concerning
pre-trial discovery by a defendant under indictment in a superior court,
and article two hundred fifty, concerning pre-trial notice to the people
by a defendant under indictment in a superior court who intends to
advance a trial defense of mental disease or defect or of alibi, apply
to a prosecution of an information in a local criminal court.
§ 9. Subdivision 14 of section 400.27 of the criminal procedure law,
as added by chapter 1 of the laws of 1995, is amended to read as
follows:
14. (a) At a reasonable time prior to the sentencing proceeding or a
mental retardation hearing:
[(i)] the prosecutor shall, unless previously disclosed and subject to
a protective order, make available to the defendant the statements and
information specified in subdivision one of section [240.45] 245.20 OF
THIS PART and make available for inspection, photographing, copying or
testing the property specified in subdivision one of section [240.20;
and
(ii) the defendant shall, unless previously disclosed and subject to a
protective order, make available to the prosecution the statements and
information specified in subdivision two of section 240.45 and make
available for inspection, photographing, copying or testing, subject to
constitutional limitations, the reports, documents and other property
specified in subdivision one of section 240.30] 245.20 OF THIS PART.
(b) Where a party refuses to make disclosure pursuant to this section,
the provisions of section [240.35, subdivision one of section 240.40 and
section 240.50] 245.70, 245.75 AND/OR 245.80 OF THIS PART shall apply.
(c) If, after complying with the provisions of this section or an
order pursuant thereto, a party finds either before or during a sentenc-
ing proceeding or mental retardation hearing, additional material
subject to discovery or covered by court order, the party shall promptly
make disclosure or apply for a protective order.
(d) If the court finds that a party has failed to comply with any of
the provisions of this section, the court may [enter] EMPLOY any of the
[orders] REMEDIES OR SANCTIONS specified in subdivision one of section
[240.70] 245.80 OF THIS PART.
§ 10. The opening paragraph of paragraph (b) of subdivision 1 of
section 440.30 of the criminal procedure law, as added by chapter 19 of
the laws of 2012, is amended to read as follows:
S. 1505--A 130 A. 2005--A
In conjunction with the filing or consideration of a motion to vacate
a judgment pursuant to section 440.10 of this article by a defendant
convicted after a trial, in cases where the court has ordered an eviden-
tiary hearing upon such motion, the court may order that the people
produce or make available for inspection property[, as defined in subdi-
vision three of section 240.10 of this part,] in its possession, custo-
dy, or control that was secured in connection with the investigation or
prosecution of the defendant upon credible allegations by the defendant
and a finding by the court that such property, if obtained, would be
probative to the determination of defendant's actual innocence, and that
the request is reasonable. The court shall deny or limit such a request
upon a finding that such a request, if granted, would threaten the
integrity or chain of custody of property or the integrity of the proc-
esses or functions of a laboratory conducting DNA testing, pose a risk
of harm, intimidation, embarrassment, reprisal, or other substantially
negative consequences to any person, undermine the proper functions of
law enforcement including the confidentiality of informants, or on the
basis of any other factor identified by the court in the interests of
justice or public safety. The court shall further ensure that any prop-
erty produced pursuant to this paragraph is subject to a protective
order, where appropriate. The court shall deny any request made pursuant
to this paragraph where:
§ 11. Subdivision 10 of section 450.10 of the penal law, as added by
chapter 795 of the laws of 1984, is amended to read as follows:
10. Where there has been a failure to comply with the provisions of
this section, and where the district attorney does not demonstrate to
the satisfaction of the court that such failure has not caused the
defendant prejudice, the court shall instruct the jury that it may
consider such failure in determining the weight to be given such
evidence and may also impose any other sanction set forth in subdivision
one of section [240.70] 245.80 of the criminal procedure law; provided,
however, that unless the defendant has convinced the court that such
failure has caused him undue prejudice, the court shall not preclude the
district attorney from introducing into evidence the property, photo-
graphs, photocopies, or other reproductions of the property or, where
appropriate, testimony concerning its value and condition, where such
evidence is otherwise properly authenticated and admissible under the
rules of evidence. Failure to comply with any one or more of the
provisions of this section shall not for that reason alone be grounds
for dismissal of the accusatory instrument.
§ 12. Section 460.80 of the penal law, as added by chapter 516 of the
laws of 1986, is amended to read as follows:
§ 460.80 Court ordered disclosure.
Notwithstanding the provisions of article two hundred [forty] FORTY-
FIVE of the criminal procedure law, when forfeiture is sought pursuant
to section 460.30 of this [chapter] ARTICLE, the court may order discov-
ery of any property not otherwise disclosed which is material and
reasonably necessary for preparation by the defendant with respect to
the forfeiture proceeding pursuant to such section. The court may issue
a protective order denying, limiting, conditioning, delaying or regulat-
ing such discovery where a danger to the integrity of physical evidence
or a substantial risk of physical harm, intimidation, economic reprisal,
bribery or unjustified annoyance or embarrassment to any person or an
adverse effect upon the legitimate needs of law enforcement, including
the protection of the confidentiality of informants, or any other factor
or set of factors outweighs the usefulness of the discovery.
S. 1505--A 131 A. 2005--A
§ 13. Subdivision 5 of section 480.10 of the penal law, as added by
chapter 655 of the laws of 1990, is amended to read as follows:
5. In addition to information required to be disclosed pursuant to
article two hundred [forty] FORTY-FIVE of the criminal procedure law,
when forfeiture is sought pursuant to this article, and following the
defendant's arraignment on the special forfeiture information, the court
shall order discovery of any information not otherwise disclosed which
is material and reasonably necessary for preparation by the defendant
with respect to a forfeiture proceeding brought pursuant to this arti-
cle. Such material shall include those portions of the grand jury
minutes and such other information which pertain solely to the special
forfeiture information and shall not include information which pertains
to the criminal charges. Upon application of the prosecutor, the court
may issue a protective order pursuant to section [240.40] 245.70 of the
criminal procedure law with respect to any information required to be
disclosed pursuant to this subdivision.
§ 14. The penal law is amended by adding a new section 215.07 to read
as follows:
§ 215.07 TAMPERING WITH OR INTIMIDATING A VICTIM OR WITNESS THROUGH
SOCIAL MEDIA.
A PERSON IS GUILTY OF TAMPERING WITH OR INTIMIDATING A VICTIM OR
WITNESS THROUGH SOCIAL MEDIA WHEN HE OR SHE DISSEMINATES INFORMATION ON
SOCIAL MEDIA WITH THE INTENT TO INDUCE A WITNESS OR VICTIM:
1. TO ABSENT HIMSELF OR HERSELF FROM, OR OTHERWISE TO AVOID OR SEEK TO
AVOID APPEARING AT, PRODUCING RECORDS, DOCUMENTS OR OTHER OBJECTS FOR
USE AT, OR TESTIFYING AT A CRIMINAL ACTION OR PROCEEDING; OR
2. TO REFRAIN FROM COMMUNICATING INFORMATION OR PRODUCING RECORDS,
DOCUMENTS OR OTHER OBJECTS TO ANY COURT, GRAND JURY, PROSECUTOR, POLICE
OFFICER OR PEACE OFFICER CONCERNING A CRIMINAL TRANSACTION.
SOCIAL MEDIA INCLUDES, BUT IS NOT LIMITED TO FORMS OF COMMUNICATION
THROUGH WHICH USERS PARTICIPATE IN ONLINE COMMUNITIES TO SHARE INFORMA-
TION, IDEAS, PERSONAL MESSAGES, AND OTHER CONTENT.
TAMPERING WITH OR INTIMIDATING A VICTIM OR WITNESS THROUGH SOCIAL
MEDIA IS A CLASS A MISDEMEANOR.
§ 15. Section 215.10 of the penal law, the section heading and the
closing paragraph as amended by chapter 664 of the laws of 1982, is
amended to read as follows:
§ 215.10 Tampering with a witness in the [fourth] FIFTH degree.
A person is guilty of tampering with a witness IN THE FIFTH DEGREE
when, knowing that a person [is or is about to] MAY be called as a
witness in an action or proceeding, (a) he OR SHE wrongfully induces or
attempts to induce such person to absent himself OR HERSELF from, or
otherwise to avoid or seek to avoid appearing AT, PRODUCING RECORDS,
DOCUMENTS OR OTHER OBJECTS FOR USE AT or testifying at, such action or
proceeding, or (b) he OR SHE knowingly makes any false statement or
practices any fraud or deceit with intent to affect the testimony of
such person.
Tampering with a witness in the [fourth] FIFTH degree is a class A
misdemeanor.
§ 16. Section 215.11 of the penal law, as added by chapter 664 of the
laws of 1982, is amended to read as follows:
§ 215.11 Tampering with a witness in the [third] FOURTH degree.
A person is guilty of tampering with a witness in the [third] FOURTH
degree when, knowing that a person [is about to] MAY be called as a
witness in a criminal proceeding:
S. 1505--A 132 A. 2005--A
1. He OR SHE wrongfully compels or attempts to compel such person to
absent himself OR HERSELF from, or otherwise to avoid or seek to avoid
appearing AT, PRODUCING RECORDS, DOCUMENTS OR OTHER OBJECTS FOR USE AT
or testifying at such proceeding by means of instilling in him OR HER a
fear that the actor will cause physical injury to such person or another
person; or
2. He OR SHE wrongfully compels or attempts to compel such person to
swear falsely OR ALTER, DESTROY, MUTILATE OR CONCEAL AN OBJECT WITH THE
INTENT TO IMPAIR THE INTEGRITY OR AVAILABILITY OF THE OBJECT FOR USE IN
THE ACTION OR PROCEEDING by means of instilling in him OR HER a fear
that the actor will cause physical injury to such person or another
person.
Tampering with a witness in the [third] FOURTH degree is a class E
felony.
§ 17. Section 215.12 of the penal law, as added by chapter 664 of the
laws of 1982, is amended to read as follows:
§ 215.12 Tampering with a witness in the [second] THIRD degree.
A person is guilty of tampering with a witness in the [second] THIRD
degree when he OR SHE:
1. Intentionally causes OR ATTEMPTS TO CAUSE physical injury to a
person for the purpose of obstructing, delaying, preventing or impeding
the giving of testimony in a criminal proceeding by such person or
another person or for the purpose of compelling such person or another
person to swear falsely OR ALTER, DESTROY, MUTILATE OR CONCEAL AN OBJECT
WITH THE INTENT TO IMPAIR THE INTEGRITY OR AVAILABILITY OF THE OBJECT
FOR USE IN THE ACTION OR PROCEEDING; or
2. [He intentionally] INTENTIONALLY causes OR ATTEMPTS TO CAUSE phys-
ical injury to a person on account of such person or another person
having testified in a criminal proceeding OR PRODUCED RECORDS, DOCUMENTS
OR OTHER OBJECTS FOR USE IN A CRIMINAL PROCEEDING.
Tampering with a witness in the [second] THIRD degree is a class D
felony.
§ 18. Section 215.13 of the penal law, as added by chapter 664 of the
laws of 1982, is amended to read as follows:
§ 215.13 Tampering with a witness in the [first] SECOND degree.
A person is guilty of tampering with a witness in the [first] SECOND
degree when:
1. He OR SHE intentionally causes OR ATTEMPTS FOR CAUSE serious phys-
ical injury to a person for the purpose of obstructing, delaying,
preventing or impeding the giving of testimony in a criminal proceeding
by such person or another person or for the purpose of compelling such
person or another person to swear falsely OR ALTER, DESTROY, MUTILATE OR
CONCEAL AN OBJECT WITH THE INTENT TO IMPAIR THE INTEGRITY OR AVAILABILI-
TY OF THE OBJECT FOR USE IN THE ACTION OR PROCEEDING; or
2. He OR SHE intentionally causes OR ATTEMPTS TO CAUSE serious phys-
ical injury to a person on account of such person or another person
having testified in a criminal proceeding OR PRODUCED RECORDS, DOCUMENTS
OR OTHER OBJECTS FOR USE IN A CRIMINAL PROCEEDING.
Tampering with a witness in the [first] SECOND degree is a class B
felony.
§ 19. The penal law is amended by adding a new section 215.13-a to
read as follows:
§ 215.13-A TAMPERING WITH A WITNESS IN THE FIRST DEGREE.
A PERSON IS GUILTY OF TAMPERING WITH A WITNESS IN THE FIRST DEGREE
WHEN:
S. 1505--A 133 A. 2005--A
1. HE OR SHE INTENTIONALLY CAUSES OR ATTEMPTS TO CAUSE THE DEATH OF A
PERSON FOR THE PURPOSE OF OBSTRUCTING, DELAYING, PREVENTING OR IMPEDING
THE GIVING OF TESTIMONY IN A CRIMINAL PROCEEDING BY SUCH PERSON OR
ANOTHER PERSON OR FOR THE PURPOSE OF COMPELLING SUCH PERSON OR ANOTHER
PERSON TO SWEAR FALSELY OR ALTER, DESTROY, MUTILATE OR CONCEAL AN OBJECT
WITH THE INTENT TO IMPAIR THE INTEGRITY OR AVAILABILITY OF THE OBJECT
FOR USE IN THE ACTION OR PROCEEDING; OR
2. HE OR SHE INTENTIONALLY CAUSES OR ATTEMPTS TO CAUSE THE DEATH OF A
PERSON ON ACCOUNT OF SUCH PERSON OR ANOTHER PERSON HAVING TESTIFIED IN A
CRIMINAL PROCEEDING OR PRODUCED RECORDS, DOCUMENTS OR OTHER OBJECTS FOR
USE IN A CRIMINAL PROCEEDING.
TAMPERING WITH A WITNESS IN THE FIRST DEGREE IS A CLASS A-I FELONY.
§ 20. Section 215.15 of the penal law, as added by chapter 667 of the
laws of 1985, is amended to read as follows:
§ 215.15 Intimidating a victim or witness in the [third] FOURTH degree.
A person is guilty of intimidating a victim or witness in the [third]
FOURTH degree when, knowing that another person possesses information,
RECORDS, DOCUMENTS OR OTHER OBJECTS relating to a criminal transaction
and other than in the course of that criminal transaction or immediate
flight therefrom, he OR SHE:
1. Wrongfully compels or attempts to compel such other person to
refrain from communicating such information OR PRODUCING RECORDS, DOCU-
MENTS OR OTHER OBJECTS to any court, grand jury, prosecutor, police
officer or peace officer by means of instilling in him a fear that the
actor will cause physical injury to such other person or another person;
or
2. Intentionally damages the property of such other person or another
person for the purpose of compelling such other person or another person
to refrain from communicating INFORMATION OR PRODUCING RECORDS, DOCU-
MENTS OR OTHER OBJECTS, or on account of such other person or another
person having communicated[,] information OR PRODUCED RECORDS, DOCUMENTS
OR OTHER OBJECTS, relating to that criminal transaction to any court,
grand jury, prosecutor, police officer or peace officer; OR
3. INTENTIONALLY DISTRIBUTES, POSTS, OR PUBLISHES THROUGH THE INTERNET
OR SOCIAL MEDIA, INCLUDING ANY FORM OF COMMUNICATION THROUGH WHICH USERS
PARTICIPATE IN ONLINE COMMUNITIES TO SHARE INFORMATION, IDEAS, PERSONAL
MESSAGES AND OTHER CONTENT, COPIES OF A VICTIM OR WITNESS STATEMENT,
INCLUDING BUT NOT LIMITED TO TRANSCRIPTS OF GRAND JURY TESTIMONY OR A
WRITTEN STATEMENT GIVEN BY THE VICTIM OR WITNESS DURING THE COURSE OF A
CRIMINAL INVESTIGATION OR PROCEEDING, OR A VISUAL IMAGE OF A VICTIM OR
WITNESS OR ANY OTHER PERSON, FOR THE PURPOSE OF COMPELLING A PERSON TO
REFRAIN FROM COMMUNICATING, OR ON ACCOUNT OF SUCH VICTIM, WITNESS OR
ANOTHER PERSON HAVING COMMUNICATED, INFORMATION RELATING TO THAT CRIMI-
NAL TRANSACTION TO ANY COURT, GRAND JURY, PROSECUTOR, POLICE OFFICER OR
PEACE OFFICER.
Intimidating a victim or witness in the [third] FOURTH degree is a
class E felony.
§ 21. Section 215.16 of the penal law, as added by chapter 667 of the
laws of 1985, is amended to read as follows:
§ 215.16 Intimidating a victim or witness in the [second] THIRD degree.
A person is guilty of intimidating a victim or witness in the [second]
THIRD degree when, other than in the course of that criminal transaction
or immediate flight therefrom, he OR SHE:
1. Intentionally causes OR ATTEMPTS TO CAUSE physical injury to anoth-
er person for the purpose of obstructing, delaying, preventing or imped-
ing the communication by such other person or another person of informa-
S. 1505--A 134 A. 2005--A
tion OR THE PRODUCTION OF RECORDS, DOCUMENTS OR OTHER OBJECTS relating
to a criminal transaction to any court, grand jury, prosecutor, police
officer or peace officer or for the purpose of compelling such other
person or another person to swear falsely; or
2. Intentionally causes OR ATTEMPTS TO CAUSE physical injury to anoth-
er person on account of such other person or another person having
communicated information OR PRODUCED RECORDS, DOCUMENTS OR OTHER OBJECTS
relating to a criminal transaction to any court, grand jury, prosecutor,
police officer or peace officer; or
3. Recklessly causes physical injury to another person by inten-
tionally damaging the property of such other person or another person,
for the purpose of obstructing, delaying, preventing or impeding such
other person or another person from communicating OR PRODUCING RECORDS,
DOCUMENTS OR OTHER OBJECTS, or on account of such other person or anoth-
er person having communicated[,] information OR PRODUCED RECORDS, DOCU-
MENTS OR OTHER OBJECTS, relating to a criminal transaction to any court,
grand jury, prosecutor, police officer or peace officer.
Intimidating a victim or witness in the [second] THIRD degree is a
class D felony.
§ 22. Section 215.17 of the penal law, as added by chapter 667 of the
laws of 1985, is amended to read as follows:
§ 215.17 Intimidating a victim or witness in the [first] SECOND degree.
A person is guilty of intimidating a victim or witness in the [first]
SECOND degree when, other than in the course of that criminal trans-
action or immediate flight therefrom, he OR SHE:
1. Intentionally causes OR ATTEMPTS TO CAUSE serious physical injury
to another person for the purpose of obstructing, delaying, preventing
or impeding the communication by such other person or another person of
information OR THE PRODUCTION OF RECORDS, DOCUMENTS OR OTHER OBJECTS
relating to a criminal transaction to any court, grand jury, prosecutor,
police officer or peace officer or for the purpose of compelling such
other person or another person to swear falsely; or
2. Intentionally causes OR ATTEMPTS TO CAUSE serious physical injury
to another person on account of such other person or another person
having communicated information OR PRODUCED RECORDS, DOCUMENTS OR OTHER
OBJECTS, relating to a criminal transaction to any court, grand jury,
prosecutor, police officer or peace officer.
Intimidating a victim or witness in the [first] SECOND degree is a
class B felony.
§ 23. The penal law is amended by adding a new section 215.18 to read
as follows:
§ 215.18 INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE.
A PERSON IS GUILTY OF INTIMIDATING A VICTIM OR WITNESS IN THE FIRST
DEGREE WHEN, OTHER THAN IN THE COURSE OF THAT CRIMINAL TRANSACTION OR
IMMEDIATE FLIGHT THEREFROM, HE OR SHE:
1. INTENTIONALLY CAUSES OR ATTEMPTS TO CAUSE DEATH TO ANOTHER PERSON
FOR THE PURPOSE OF OBSTRUCTING, DELAYING, PREVENTING OR IMPEDING THE
COMMUNICATION BY SUCH OTHER PERSON OR ANOTHER PERSON OF INFORMATION OR
THE PRODUCTION OF RECORDS, DOCUMENTS OR OTHER OBJECTS RELATING TO A
CRIMINAL TRANSACTION TO ANY COURT, GRAND JURY, PROSECUTOR, POLICE OFFI-
CER OR PEACE OFFICER OR FOR THE PURPOSE OF COMPELLING SUCH OTHER PERSON
OR ANOTHER PERSON TO SWEAR FALSELY; OR
2. INTENTIONALLY CAUSES OR ATTEMPTS TO CAUSE DEATH TO ANOTHER PERSON
ON ACCOUNT OF SUCH OTHER PERSON OR ANOTHER PERSON HAVING COMMUNICATED
INFORMATION OR PRODUCED RECORDS, DOCUMENTS OR OTHER OBJECTS, RELATING TO
S. 1505--A 135 A. 2005--A
A CRIMINAL TRANSACTION TO ANY COURT, GRAND JURY, PROSECUTOR, POLICE
OFFICER OR PEACE OFFICER.
INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE IS A CLASS A-I
FELONY.
§ 24. The penal law is amended by adding a new section 215.21 to read
as follows:
§ 215.21 AFFIRMATIVE DEFENSE.
IN A PROSECUTION FOR AN OFFENSE UNDER THIS ARTICLE, IT IS AN AFFIRMA-
TIVE DEFENSE, AS TO WHICH THE DEFENDANT HAS THE BURDEN OF PROOF BY A
PREPONDERANCE OF THE EVIDENCE, THAT THE CONDUCT CONSISTED SOLELY OF
LAWFUL CONDUCT AND THAT THE DEFENDANT'S SOLE INTENTION WAS TO ENCOURAGE,
INDUCE, OR CAUSE THE OTHER PERSON TO TESTIFY TRUTHFULLY.
§ 25. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided, however, the amendments to
section 65.20 of the criminal procedure law made by section four of this
act shall not affect the repeal of such section and shall be deemed
repealed therewith.
SUBPART C
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, a motion made
pursuant to paragraph (e) of subdivision one of section 170.30 or para-
graph (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;
(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, 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:
S. 1505--A 136 A. 2005--A
(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.]
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. ANY STATEMENT OF TRIAL
READINESS MUST BE ACCOMPANIED OR PRECEDED BY A CERTIFICATION OF GOOD
FAITH COMPLIANCE WITH THE DISCLOSURE REQUIREMENTS OF ARTICLE TWO HUNDRED
FORTY-FIVE OF THIS CHAPTER. THIS SUBDIVISION SHALL NOT APPLY TO CASES
WHERE THE DEFENSE HAS WAIVED DISCLOSURE REQUIREMENTS. THE DEFENSE SHALL
BE AFFORDED AN OPPORTUNITY TO BE HEARD ON THE RECORD CONCERNING ANY SUCH
INQUIRY BY THE COURT, AND CONCERNING WHETHER SUCH DISCLOSURE REQUIRE-
MENTS HAVE BEEN MET.
2-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.
3. (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
S. 1505--A 137 A. 2005--A
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. 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
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-
S. 1505--A 138 A. 2005--A
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.
5. 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.
6. For purposes of this section, (a) where the defendant is to be
tried following the withdrawal of the plea of guilty or is to be retried
following a mistrial, an order for a new trial or an appeal or collat-
eral attack, the criminal action and the commitment to the custody of
the sheriff, if any, must be deemed to have commenced on the date the
withdrawal of the plea of guilty or the date the order occasioning a
retrial becomes final;
(b) where a defendant has been served with an appearance ticket, the
criminal action must be deemed to have commenced on the date the defend-
ant first appears in a local criminal court in response to the ticket;
(c) where a criminal action is commenced by the filing of a felony
complaint, and thereafter, in the course of the same criminal action
either the felony complaint is replaced with or converted to an informa-
tion, prosecutor's information or misdemeanor complaint pursuant to
article [180] ONE HUNDRED EIGHTY or a prosecutor's information is filed
pursuant to section 190.70, the period applicable for the purposes of
subdivision one must be the period applicable to the charges in the new
accusatory instrument, calculated from the date of the filing of such
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
S. 1505--A 139 A. 2005--A
new accusatory instrument; provided, however, that when the aggregate of
such period and the period of time, excluding the periods provided in
subdivision [four] FIVE, already elapsed from the date of the filing of
the felony complaint to the date of the filing of the new accusatory
instrument exceeds ninety days, the period applicable to the charges in
the felony complaint must remain applicable and continue as if the new
accusatory instrument had not been filed.
(e) where a count of an indictment is reduced to charge only a misde-
meanor or petty offense and a reduced indictment or a prosecutor's
information is filed pursuant to subdivisions one-a and six of section
210.20, the period applicable for the purposes of subdivision one of
this section must be the period applicable to the charges in the new
accusatory instrument, calculated from the date of the filing of such
new accusatory instrument; provided, however, that when the aggregate of
such period and the period of time, excluding the periods provided in
subdivision [four] FIVE of this section, already elapsed from the date
of the filing of the indictment to the date of the filing of the new
accusatory instrument exceeds six months, the period applicable to the
charges in the indictment must remain applicable and continue as if the
new accusatory instrument had not been filed;
(f) where a count of an indictment is reduced to charge only a misde-
meanor or petty offense and a reduced indictment or a prosecutor's
information is filed pursuant to subdivisions one-a and six of section
210.20, the period applicable for the purposes of subdivision two of
this section must be the period applicable to the charges in the new
accusatory instrument, calculated from the date of the filing of such
new accusatory instrument; provided, however, that when the aggregate of
such period and the period of time, excluding the periods provided in
subdivision [four] FIVE of this section, already elapsed from the date
of the filing of the indictment to the date of the filing of the new
accusatory instrument exceeds ninety days, the period applicable to the
charges in the indictment must remain applicable and continue as if the
new accusatory instrument had not been filed.
[6.] 7. The procedural rules prescribed in subdivisions one through
seven of section 210.45 with respect to a motion to dismiss an indict-
ment are also applicable to a motion made pursuant to subdivision two.
§ 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, 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 one hundred eightieth day after
it shall have become a law.
§ 2. If any clause, sentence, paragraph, subdivision, section or
subpart of this act shall be adjudged by any court of competent juris-
diction to be invalid, such judgment shall not affect, impair, or inval-
idate the remainder thereof, but shall be confined in its operation to
the clause, sentence, paragraph, subdivision, section or subpart thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
S. 1505--A 140 A. 2005--A
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through C of this act shall
be as specifically set forth in the last section of such Subparts.
PART BB
Section 1. Subdivisions 2 and 3 of section 86 of the public officers
law, as added by chapter 933 of the laws of 1977, are amended and a new
subdivision 6 is added to read as follows:
2. "State legislature" means the [legislature of the state of New
York, including] NEW YORK STATE SENATE, NEW YORK STATE ASSEMBLY, any
committee, subcommittee, joint committee, select committee, or commis-
sion thereof, AND ANY MEMBERS, OFFICERS, REPRESENTATIVES AND EMPLOYEES
THEREOF.
3. "Agency" means any state or municipal department, board, bureau,
division, commission, committee, public authority, public corporation,
council, office, or other governmental entity performing a governmental
or proprietary function for the state or any one or more municipalities
thereof, except the judiciary [or the state legislature].
6. "RESPECTIVE HOUSE OF THE STATE LEGISLATURE" MEANS THE NEW YORK
STATE SENATE, NEW YORK STATE ASSEMBLY, AND ANY CORRESPONDING COMMITTEE,
SUBCOMMITTEE, JOINT COMMITTEE, SELECT COMMITTEE, OR COMMISSION THEREOF,
AND ANY MEMBERS, OFFICERS, REPRESENTATIVES AND EMPLOYEES THEREOF.
§ 2. Section 87 of the public officers law, as added by chapter 933 of
the laws of 1977, paragraph (a) and the opening paragraph of paragraph
(b) of subdivision 1 as amended by chapter 80 of the laws of 1983,
subparagraph iii of paragraph (b) of subdivision 1 as amended and para-
graph (c) of subdivision 1 and subdivision 5 as added by chapter 223 of
the laws of 2008, paragraph (d) of subdivision 2 as amended by chapter
289 of the laws of 1990, paragraph (f) of subdivision 2 as amended by
chapter 403 of the laws of 2003, paragraph (g) of subdivision 2 as
amended by chapter 510 of the laws of 1999, paragraph (i) of subdivision
2 as amended by chapter 154 of the laws of 2010, paragraph (j) of subdi-
vision 2 as added by chapter 746 of the laws of 1988, paragraph (k) of
subdivision 2 as separately added by chapters 19, 20, 21, 22, 23 and 383
of the laws of 2009, paragraph (l) of subdivision 2 as added by section
12 of part II of chapter 59 of the laws of 2010, paragraph (m) of subdi-
vision 2 as added by chapter 189 of the laws of 2013, paragraph (n) of
subdivision 2 as added by chapter 43 of the laws of 2014, paragraph (n)
of subdivision 2 as separately added by chapters 99, 101, and 123 of the
laws of 2014, paragraph (o) of subdivision 2 as added by chapter 222 of
the laws of 2015, paragraph (c) of subdivision 3 as amended by chapter
499 of the laws of 2008, subdivision 4 as added by chapter 890 of the
laws of 1981, and paragraph (c) of subdivision 4 as added by chapter 102
of the laws of 2007, is amended to read as follows:
§ 87. Access to agency OR STATE LEGISLATURE records. 1. (a) Within
sixty days after the effective date of this article, the governing body
of each public corporation shall promulgate uniform rules and regu-
lations for all agencies in such public corporation pursuant to such
general rules and regulations as may be promulgated by the committee on
open government in conformity with the provisions of this article,
pertaining to the administration of this article.
(b) Each agency AND EACH HOUSE OF THE STATE LEGISLATURE shall promul-
gate rules and regulations, in conformity with this article and applica-
ble rules and regulations promulgated pursuant to the provisions of
paragraph (a) of this subdivision, and pursuant to such general rules
S. 1505--A 141 A. 2005--A
and regulations as may be promulgated by the committee on open govern-
ment in conformity with the provisions of this article, pertaining to
the availability of records and procedures to be followed, including,
but not limited to:
i. the times and places such records are available;
ii. the persons from whom such records may be obtained[,]; and
iii. the fees for copies of records which shall not exceed twenty-five
cents per photocopy not in excess of nine inches by fourteen inches, or
the actual cost of reproducing any other record in accordance with the
provisions of paragraph (c) of this subdivision, except when a different
fee is otherwise prescribed by statute.
(c) In determining the actual cost of reproducing a record, an agency
AND THE STATE LEGISLATURE may include only:
i. an amount equal to the hourly salary attributed to the lowest paid
EMPLOYEE OF AN agency or [employee] RESPECTIVE HOUSE OF THE STATE LEGIS-
LATURE who has the necessary skill required to prepare a copy of the
requested record;
ii. the actual cost of the storage devices or media provided to the
person making the request in complying with such request;
iii. the actual cost to the agency OR TO THE RESPECTIVE HOUSE OF THE
STATE LEGISLATURE of engaging an outside professional service to prepare
a copy of a record, but only when an agency's OR RESPECTIVE HOUSE OF THE
STATE LEGISLATURE'S information technology equipment is inadequate to
prepare a copy, if such service is used to prepare the copy; and
iv. preparing a copy shall not include search time or administrative
costs, and no fee shall be charged unless at least two hours of agency
OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE employee time is needed to
prepare a copy of the record requested. A person requesting a record
shall be informed of the estimated cost of preparing a copy of the
record if more than two hours of an agency OR RESPECTIVE HOUSE OF THE
STATE LEGISLATURE employee's time is needed, or if an outside profes-
sional service would be retained to prepare a copy of the record.
2. Each agency AND THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE
shall, in accordance with its published rules, make available for public
inspection and copying all records, except that such agency AND THE
RESPECTIVE HOUSE OF THE STATE LEGISLATURE may deny access to records or
portions thereof that:
(a) are specifically exempted from disclosure by state or federal
statute;
(b) if disclosed would constitute an unwarranted invasion of personal
privacy under the provisions of subdivision two of section eighty-nine
of this article;
(c) if disclosed would impair present or imminent contract awards or
collective bargaining negotiations PROVIDED, HOWEVER, THAT THE PROPOSED
TERMS OF AN AGREEMENT BETWEEN A PUBLIC EMPLOYER AND AN EMPLOYEE ORGAN-
IZATION, AS THOSE TERMS ARE DEFINED IN ARTICLE FOURTEEN OF THE CIVIL
SERVICE LAW, THAT REQUIRE RATIFICATION BY MEMBERS OF THE EMPLOYEE ORGAN-
IZATION OR BY THE PUBLIC EMPLOYER, WHERE APPLICABLE, OR APPROVAL OF SUCH
PROVISIONS BY THE APPROPRIATE LEGISLATIVE BODY AS REQUIRED BY SECTION
TWO HUNDRED FOUR-A OF THE CIVIL SERVICE LAW, SHALL BE MADE AVAILABLE TO
THE PUBLIC NO LATER THAN WHEN SUCH PROPOSED TERMS ARE SENT TO MEMBERS OF
THE EMPLOYEE ORGANIZATION FOR RATIFICATION, WHEN SUCH TERMS ARE
PRESENTED TO THE EMPLOYER FOR RATIFICATION, WHERE APPLICABLE, OR WHEN
THE PROVISIONS OF SUCH AGREEMENT REQUIRING APPROVAL BY THE APPROPRIATE
LEGISLATIVE BODY PURSUANT TO SECTION TWO HUNDRED FOUR-A OF THE CIVIL
SERVICE LAW ARE SUBMITTED TO SUCH BODY, WHICHEVER DATE IS EARLIEST.
S. 1505--A 142 A. 2005--A
ADDITIONALLY, A COPY OF THE PROPOSED TERMS OF SUCH AGREEMENT SHALL BE
PLACED ON THE WEBSITE OF THE APPLICABLE PUBLIC EMPLOYER, IF SUCH
WEBSITES EXIST, AND WITHIN THE LOCAL PUBLIC LIBRARIES AND OFFICES OF
SUCH PUBLIC EMPLOYER, OR IN THE CASE OF COLLECTIVE BARGAINING AGREEMENTS
NEGOTIATED BY THE STATE, ON THE WEBSITE OF THE OFFICE OF EMPLOYEE
RELATIONS ON SUCH DATE;
(d) are trade secrets or are submitted to an agency OR TO THE RESPEC-
TIVE HOUSE OF THE STATE LEGISLATURE by a commercial enterprise or
derived from information obtained from a commercial enterprise and which
if disclosed would cause substantial injury to the competitive position
of the subject enterprise;
(e) are compiled for law enforcement purposes and which, if disclosed,
would:
i. interfere with law enforcement investigations or judicial
proceedings;
ii. deprive a person of a right to a fair trial or impartial adjudi-
cation;
iii. identify a confidential source or disclose confidential informa-
tion relating to a criminal investigation; or
iv. reveal criminal investigative techniques or procedures, except
routine techniques and procedures;
(f) if disclosed could endanger CRITICAL INFRASTRUCTURE OR the life or
safety of any person;
(g) are inter-agency or intra-agency materials which are not:
i. statistical or factual tabulations or data;
ii. instructions to staff that affect the public;
iii. final agency policy or determinations;
iv. external audits, including but not limited to audits performed by
the comptroller and the federal government; [or]
(G-1) ARE MATERIALS EXCHANGED WITHIN THE STATE LEGISLATURE WHICH ARE
NOT:
I. STATISTICAL OR FACTUAL TABULATIONS OR DATA;
II. INSTRUCTIONS TO STAFF THAT AFFECT THE PUBLIC;
III. FINAL POLICY OR DETERMINATIONS OF THE RESPECTIVE HOUSE OF THE
STATE LEGISLATURE;
IV. EXTERNAL AUDITS, INCLUDING BUT NOT LIMITED TO AUDITS PERFORMED BY
THE COMPTROLLER AND THE FEDERAL GOVERNMENT; OR
(h) are examination questions or answers which are requested prior to
the final administration of such questions.
(i) if disclosed, would jeopardize the capacity of an agency, THE
STATE LEGISLATURE, or an entity that has shared information with an
agency OR THE STATE LEGISLATURE to guarantee the security of its infor-
mation technology assets, such assets encompassing both electronic
information systems and infrastructures; or
(j) are photographs, microphotographs, videotape or other recorded
images prepared under authority of section eleven hundred eleven-a of
the vehicle and traffic law.
(k) are photographs, microphotographs, videotape or other recorded
images prepared under authority of section eleven hundred eleven-b of
the vehicle and traffic law.
(l) are photographs, microphotographs, videotape or other recorded
images produced by a bus lane photo device prepared under authority of
section eleven hundred eleven-c of the vehicle and traffic law.
(m) are photographs, microphotographs, videotape or other recorded
images prepared under the authority of section eleven hundred eighty-b
of the vehicle and traffic law.
S. 1505--A 143 A. 2005--A
(n) are photographs, microphotographs, videotape or other recorded
images prepared under the authority of section eleven hundred eighty-c
of the vehicle and traffic law.
(n) are photographs, microphotographs, videotape or other recorded
images prepared under authority of section eleven hundred eleven-d of
the vehicle and traffic law.
(o) are photographs, microphotographs, videotape or other recorded
images prepared under authority of section eleven hundred eleven-e of
the vehicle and traffic law.
3. Each agency AND RESPECTIVE HOUSE OF THE STATE LEGISLATURE shall
maintain:
(a) a record of the final vote of each member in every agency OR STATE
LEGISLATURE proceeding in which the member votes;
(B) A RECORD OF VOTES OF EACH MEMBER IN EVERY SESSION AND EVERY
COMMITTEE AND SUBCOMMITTEE MEETING IN WHICH THE MEMBER OF THE SENATE OR
ASSEMBLY VOTES;
[(b)] (C) a record setting forth the name, public office address,
title and salary of every officer or employee of the agency OR THE STATE
LEGISLATURE; and
[(c)] (D) a reasonably detailed current list by subject matter of all
records in the possession of the agency OR STATE LEGISLATURE, whether or
not available under this article. Each agency AND EACH RESPECTIVE HOUSE
OF THE STATE LEGISLATURE shall update its subject matter list annually,
and the date of the most recent update shall be conspicuously indicated
on the list. [Each] THE STATE LEGISLATURE AND EACH state agency as
defined in subdivision four of this section that maintains a website
shall post its current list on its website and such posting shall be
linked to the website of the committee on open government. Any such
agency OR PART OF THE STATE LEGISLATURE that does not maintain a website
shall arrange to have its list posted on the website of the committee on
open government.
4. (a) Each state agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE
which maintains records containing trade secrets, to which access may be
denied pursuant to paragraph (d) of subdivision two of this section,
shall promulgate regulations in conformity with the provisions of subdi-
vision five of section eighty-nine of this article pertaining to such
records, including, but not limited to the following:
(1) the manner of identifying the records or parts;
(2) the manner of identifying persons within the agency OR RESPECTIVE
HOUSE OF THE STATE LEGISLATURE to whose custody the records or parts
will be charged and for whose inspection and study the records will be
made available;
(3) the manner of safeguarding against any unauthorized access to the
records.
(b) As used in this subdivision the term "agency" or "state agency"
means only a state department, board, bureau, division, council [or],
office and any public corporation the majority of whose members are
appointed by the governor.
(c) AS USED IN THIS SUBDIVISION THE TERM "STATE LEGISLATURE" MEANS THE
LEGISLATURE AS DEFINED IN SUBDIVISION TWO OF SECTION EIGHTY-SIX OF THIS
ARTICLE.
(D) Each state agency AND RESPECTIVE HOUSE OF THE STATE LEGISLATURE
that maintains a website shall post information related to this article
and article six-A of this chapter on its website. Such information shall
include, at a minimum, contact information for the persons from whom
records of the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE may
S. 1505--A 144 A. 2005--A
be obtained, the times and places such records are available for
inspection and copying, and information on how to request records in
person, by mail, and, if the agency OR RESPECTIVE HOUSE OF THE STATE
LEGISLATURE accepts requests for records electronically, by e-mail. This
posting shall be linked to the website of the committee on open govern-
ment.
5. (a) An agency AND THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE
shall provide records on the medium requested by a person, if the agency
OR THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE can reasonably make
such copy or have such copy made by engaging an outside professional
service. Records provided in a computer format shall not be encrypted.
(b) No agency NOR THE STATE LEGISLATURE shall enter into or renew a
contract for the creation or maintenance of records if such contract
impairs the right of the public to inspect or copy the agency's OR THE
STATE LEGISLATURE'S records.
6. (A) EACH AGENCY AND HOUSE OF THE STATE LEGISLATURE SHALL PUBLISH,
ON ITS INTERNET WEBSITE, TO THE EXTENT PRACTICABLE, RECORDS OR PORTIONS
OF RECORDS THAT ARE AVAILABLE TO THE PUBLIC PURSUANT TO THE PROVISIONS
OF THIS ARTICLE, OR WHICH, IN CONSIDERATION OF THEIR NATURE, CONTENT OR
SUBJECT MATTER, ARE DETERMINED BY THE AGENCY OR HOUSE OF THE STATE
LEGISLATURE TO BE OF SUBSTANTIAL INTEREST TO THE PUBLIC. ANY SUCH
RECORDS MAY BE REMOVED FROM THE INTERNET WEBSITE WHEN THE AGENCY OR
HOUSE OF THE STATE LEGISLATURE DETERMINES THAT THEY ARE NO LONGER OF
SUBSTANTIAL INTEREST TO THE PUBLIC. ANY SUCH RECORDS MAY BE REMOVED FROM
THE INTERNET WEBSITE WHEN THEY HAVE REACHED THE END OF THEIR LEGAL
RETENTION PERIOD. GUIDANCE ON CREATING RECORDS IN ACCESSIBLE FORMATS AND
ENSURING THEIR CONTINUING ACCESSIBILITY SHALL BE AVAILABLE FROM THE
OFFICE OF INFORMATION TECHNOLOGY SERVICES AND THE STATE ARCHIVES.
(B) THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT
APPLY TO RECORDS OR PORTIONS OF RECORDS THE DISCLOSURE OF WHICH WOULD
CONSTITUTE AN UNWARRANTED INVASION OF PERSONAL PRIVACY IN ACCORDANCE
WITH SUBDIVISION TWO OF SECTION EIGHTY-NINE OF THIS ARTICLE.
(C) THE COMMITTEE ON OPEN GOVERNMENT SHALL PROMULGATE GUIDELINES TO
EFFECTUATE THIS SUBDIVISION.
(D) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS TO LIMIT OR
ABRIDGE THE POWER OF AN AGENCY OR HOUSE OF THE STATE LEGISLATURE TO
PUBLISH RECORDS ON ITS INTERNET WEBSITE THAT ARE SUBJECT TO THE
PROVISIONS OF THIS ARTICLE PRIOR TO A WRITTEN REQUEST OR PRIOR TO A
FREQUENT REQUEST.
§ 3. Section 88 of the public officers law is REPEALED.
§ 4. Section 89 of the public officers law, as added by chapter 933 of
the laws of 1977, paragraph (a) of subdivision 1 as amended by chapter
33 of the laws of 1984, paragraph (b) of subdivision 1 as amended by
chapter 182 of the laws of 2006, subdivision 2 as amended by section 11
of part U of chapter 61 of the laws of 2011, subdivision 2-a as added by
chapter 652 of the laws of 1983, subdivision 3 as amended by chapter 223
of the laws of 2008, paragraph (c) of subdivision 3 as added by chapter
47 of the laws of 2018, subdivision 4 as amended by chapter 22 of the
laws of 2005, paragraph (c) of subdivision 4 as amended by chapter 453
of the laws of 2017, paragraph (d) of subdivision 4 as added by chapter
487 of the laws of 2016, subdivision 5 as added and subdivision 6 as
renumbered by chapter 890 of the laws of 1981, paragraph (a) of subdivi-
sion 5 as amended by chapter 403 of the laws of 2003, paragraph (d) of
subdivision 5 as amended by chapter 339 of the laws of 2004, subdivision
7 as added by chapter 783 of the laws of 1983, subdivision 8 as added by
S. 1505--A 145 A. 2005--A
chapter 705 of the laws of 1989, and subdivision 9 as added by chapter
351 of the laws of 2008, is amended to read as follows:
§ 89. General provisions relating to access to records; certain cases.
The provisions of this section apply to access to all records, except as
hereinafter specified:
1. (a) The committee on open government is continued and shall consist
of the lieutenant governor or the delegate of such officer, the secre-
tary of state or the delegate of such officer, whose office shall act as
secretariat for the committee, the commissioner of the office of general
services or the delegate of such officer, the director of the budget or
the delegate of such officer, and seven other persons, none of whom
shall hold any other state or local public office except the represen-
tative of local governments as set forth herein, to be appointed as
follows: five by the governor, at least two of whom are or have been
representatives of the news media, one of whom shall be a representative
of local government who, at the time of appointment, is serving as a
duly elected officer of a local government, one by the temporary presi-
dent of the senate, and one by the speaker of the assembly. The persons
appointed by the temporary president of the senate and the speaker of
the assembly shall be appointed to serve, respectively, until the expi-
ration of the terms of office of the temporary president and the speaker
to which the temporary president and speaker were elected. The four
persons presently serving by appointment of the governor for fixed terms
shall continue to serve until the expiration of their respective terms.
Thereafter, their respective successors shall be appointed for terms of
four years. The member representing local government shall be appointed
for a term of four years, so long as such member shall remain a duly
elected officer of a local government. The committee shall hold no less
than two meetings annually, but may meet at any time. The members of the
committee shall be entitled to reimbursement for actual expenses
incurred in the discharge of their duties.
(b) The committee shall:
i. furnish to any agency AND TO EACH HOUSE OF THE STATE LEGISLATURE
advisory guidelines, opinions or other appropriate information regarding
this article;
ii. furnish to any person advisory opinions or other appropriate
information regarding this article;
iii. promulgate rules and regulations with respect to the implementa-
tion of subdivision one and paragraph (c) of subdivision three of
section eighty-seven of this article;
iv. request from any agency AND FROM EITHER HOUSE OF THE STATE LEGIS-
LATURE such assistance, services and information as will enable the
committee to effectively carry out its powers and duties;
v. develop a form, which shall be made available on the internet, that
may be used by the public to request a record; and
vi. report on its activities and findings regarding this article and
article seven of this chapter, including recommendations for changes in
the law, to the governor and the legislature annually, on or before
December fifteenth.
2. (a) The committee on [public access to records] OPEN GOVERNMENT may
promulgate guidelines regarding deletion of identifying details or with-
holding of records otherwise available under this article to prevent
unwarranted invasions of personal privacy. In the absence of such guide-
lines, an agency AND THE RESPECTIVE HOUSE OF STATE LEGISLATURE may
delete identifying details when it makes records available.
S. 1505--A 146 A. 2005--A
(b) An unwarranted invasion of personal privacy includes, but shall
not be limited to:
i. disclosure of employment, medical or credit histories or personal
references of applicants for employment;
ii. disclosure of items involving the medical or personal records of a
client or patient in a medical facility;
iii. sale or release of lists of names and addresses if such lists
would be used for solicitation or fund-raising purposes;
iv. disclosure of information of a personal nature when disclosure
would result in economic or personal hardship to the subject party and
such information is not relevant to the work of the agency OR RESPECTIVE
HOUSE OF THE STATE LEGISLATURE requesting or maintaining it;
v. disclosure of information of a personal nature reported in confi-
dence to an agency OR TO THE STATE LEGISLATURE and not relevant to the
ordinary work of such agency OR THE STATE LEGISLATURE;
vi. information of a personal nature contained in a workers' compen-
sation record, except as provided by section one hundred ten-a of the
workers' compensation law; [or]
vii. disclosure of electronic contact information, such as an e-mail
address or a social network username, that has been collected from a
taxpayer under section one hundred four of the real property tax law; OR
VIII. DISCLOSURE OF COMMUNICATIONS OF A PERSONAL NATURE BETWEEN LEGIS-
LATORS AND THEIR CONSTITUENTS.
(c) Unless otherwise provided by this article, disclosure shall not be
construed to constitute an unwarranted invasion of personal privacy
pursuant to paragraphs (a) and (b) of this subdivision:
i. when identifying details are deleted;
ii. when the person to whom a record pertains consents in writing to
disclosure;
iii. when upon presenting reasonable proof of identity, a person seeks
access to records pertaining to him or her; or
iv. when a record or group of records relates to the right, title or
interest in real property, or relates to the inventory, status or char-
acteristics of real property, in which case disclosure and providing
copies of such record or group of records shall not be deemed an unwar-
ranted invasion of personal privacy, provided that nothing herein shall
be construed to authorize the disclosure of electronic contact informa-
tion, such as an e-mail address or a social network username, that has
been collected from a taxpayer under section one hundred four of the
real property tax law.
2-a. Nothing in this article shall permit disclosure which constitutes
an unwarranted invasion of personal privacy as defined in subdivision
two of this section if such disclosure is prohibited under section nine-
ty-six of this chapter.
3. (a) Each entity subject to the provisions of this article, within
five business days of the receipt of a written request for a record
reasonably described, shall make such record available to the person
requesting it, deny such request in writing or furnish a written
acknowledgement of the receipt of such request and a statement of the
approximate date, which shall be reasonable under the circumstances of
the request, when such request will be granted or denied, including,
where appropriate, a statement that access to the record will be deter-
mined in accordance with subdivision five of this section. [An] NEITHER
AN agency NOR THE STATE LEGISLATURE shall [not] deny a request on the
basis that the request is voluminous or that locating or reviewing the
requested records or providing the requested copies is burdensome
S. 1505--A 147 A. 2005--A
because the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE lacks
sufficient staffing or on any other basis if the agency OR RESPECTIVE
HOUSE OF THE STATE LEGISLATURE may engage an outside professional
service to provide copying, programming or other services required to
provide the copy, the costs of which the agency may recover pursuant to
paragraph (c) of subdivision one of section eighty-seven of this arti-
cle. An agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE may require
a person requesting lists of names and addresses to provide a written
certification that such person will not use such lists of names and
addresses for solicitation or fund-raising purposes and will not sell,
give or otherwise make available such lists of names and addresses to
any other person for the purpose of allowing that person to use such
lists of names and addresses for solicitation or fund-raising purposes.
If an agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE determines to
grant a request in whole or in part, and if circumstances prevent
disclosure to the person requesting the record or records within twenty
business days from the date of the acknowledgement of the receipt of the
request, the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE shall
state, in writing, both the reason for the inability to grant the
request within twenty business days and a date certain within a reason-
able period, depending on the circumstances, when the request will be
granted in whole or in part. Upon payment of, or offer to pay, the fee
prescribed therefor, the entity shall provide a copy of such record and
certify to the correctness of such copy if so requested, or as the case
may be, shall certify that it does not have possession of such record or
that such record cannot be found after diligent search. Nothing in this
article shall be construed to require any entity to prepare any record
not possessed or maintained by such entity except the records specified
in subdivision three of section eighty-seven [and subdivision three of
section eighty-eight] of this article. When an agency OR THE RESPECTIVE
HOUSE OF THE STATE LEGISLATURE has the ability to retrieve or extract a
record or data maintained in a computer storage system with reasonable
effort, it shall be required to do so. When doing so requires less
employee time than engaging in manual retrieval or redactions from non-
electronic records, the agency AND RESPECTIVE HOUSE OF THE STATE LEGIS-
LATURE shall be required to retrieve or extract such record or data
electronically. Any programming necessary to retrieve a record main-
tained in a computer storage system and to transfer that record to the
medium requested by a person or to allow the transferred record to be
read or printed shall not be deemed to be the preparation or creation of
a new record.
(b) All entities shall, provided such entity has reasonable means
available, accept requests for records submitted in the form of elec-
tronic mail and shall respond to such requests by electronic mail, using
forms, to the extent practicable, consistent with the form or forms
developed by the committee on open government pursuant to subdivision
one of this section and provided that the written requests do not seek a
response in some other form.
(c) Each state agency, as defined in subdivision five of this section,
that maintains a website shall ensure its website provides for the
online submission of a request for records pursuant to this article.
4. (a) Except as provided in subdivision five of this section, any
person denied access to a record may within thirty days appeal in writ-
ing such denial to the head, chief executive or governing body of the
entity, or the person therefor designated by such head, chief executive,
or governing body, who shall within ten business days of the receipt of
S. 1505--A 148 A. 2005--A
such appeal fully explain in writing to the person requesting the record
the reasons for further denial, or provide access to the record sought.
In addition, each agency OR THE RESPECTIVE HOUSE OF THE STATE LEGISLA-
TURE shall immediately forward to the committee on open government a
copy of such appeal when received by the agency OR SUCH HOUSE and the
ensuing determination thereon. Failure by an agency OR RESPECTIVE HOUSE
OF THE STATE LEGISLATURE to conform to the provisions of subdivision
three of this section shall constitute a denial.
(b) Except as provided in subdivision five of this section, a person
denied access to a record in an appeal determination under the
provisions of paragraph (a) of this subdivision may bring a proceeding
for review of such denial pursuant to article seventy-eight of the civil
practice law and rules. In the event that access to any record is denied
pursuant to the provisions of subdivision two of section eighty-seven of
this article, the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE
involved shall have the burden of proving that such record falls within
the provisions of such subdivision two. Failure by an agency OR RESPEC-
TIVE HOUSE OF THE STATE LEGISLATURE to conform to the provisions of
paragraph (a) of this subdivision shall constitute a denial.
(c) The court in such a proceeding: (i) may assess, against such agen-
cy involved, reasonable attorney's fees and other litigation costs
reasonably incurred by such person in any case under the provisions of
this section in which such person has substantially prevailed, and when
the agency failed to respond to a request or appeal within the statutory
time; and (ii) shall assess, against such agency involved, reasonable
attorney's fees and other litigation costs reasonably incurred by such
person in any case under the provisions of this section in which such
person has substantially prevailed and the court finds that the agency
had no reasonable basis for denying access.
(d) (i) Appeal to the appellate division of the supreme court must be
made in accordance with subdivision (a) of section fifty-five hundred
thirteen of the civil practice law and rules.
(ii) An appeal from an agency OR RESPECTIVE HOUSE OF THE STATE LEGIS-
LATURE taken from an order of the court requiring disclosure of any of
all records sought:
(A) shall be given preference;
(B) shall be brought on for argument on such terms and conditions as
the presiding justice may direct, upon application of any party to the
proceedings; and
(C) shall be deemed abandoned if the agency OR RESPECTIVE HOUSE OF THE
STATE LEGISLATURE fails to serve and file a record and brief within
sixty days after the date of service upon the petitioner of the notice
of appeal, unless consent to further extension is given by all parties,
or unless further extension is granted by the court upon such terms as
may be just and upon good cause shown.
5. (a) (1) A person acting pursuant to law or regulation who, subse-
quent to the effective date of this subdivision, submits any information
to any state agency OR TO THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE
may, at the time of submission, request that the agency OR SUCH HOUSE
PROVISIONALLY except such information from disclosure under paragraph
(d) of subdivision two of section eighty-seven of this article. Where
the request itself contains information which if disclosed would defeat
the purpose for which the exception is sought, such information shall
also be PROVISIONALLY excepted from disclosure.
(1-a) A person or entity who submits or otherwise makes available any
records to any agency OR A HOUSE OF THE STATE LEGISLATURE, may, at any
S. 1505--A 149 A. 2005--A
time, identify those records or portions thereof that may contain crit-
ical infrastructure information, and request that the agency OR HOUSE OF
THE STATE LEGISLATURE that maintains such records except such informa-
tion from disclosure under subdivision two of section eighty-seven of
this article. Where the request itself contains information which if
disclosed would defeat the purpose for which the exception is sought,
such information shall also be PROVISIONALLY excepted from disclosure.
(2) The request for an exception shall be in writing, SHALL SPECIF-
ICALLY IDENTIFY WHICH PORTIONS OF THE RECORD ARE THE SUBJECT OF THE
REQUEST FOR EXCEPTION and SHALL state the reasons why the information
should be PROVISIONALLY excepted from disclosure. ANY SUCH REQUEST FOR
AN EXCEPTION SHALL BE EFFECTIVE FOR A FIVE-YEAR PERIOD FROM THE AGENCY'S
OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE'S RECEIPT THEREOF.
PROVIDED, HOWEVER, THAT NOT LESS THAN SIXTY DAYS PRIOR TO THE EXPIRATION
OF THE THEN CURRENT TERM OF THE EXCEPTION REQUEST, THE SUBMITTER MAY
APPLY TO THE AGENCY OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE FOR A
TWO-YEAR EXTENSION OF ITS EXCEPTION REQUEST. UPON TIMELY RECEIPT OF A
REQUEST FOR AN EXTENSION OF AN EXCEPTION REQUEST, AN AGENCY OR RESPEC-
TIVE HOUSE OF THE STATE LEGISLATURE MAY EITHER (A) PERFORM A CURSORY
REVIEW OF THE APPLICATION AND GRANT THE EXTENSION SHOULD IT FIND ANY
JUSTIFICATION FOR SUCH DETERMINATION, OR (B) COMMENCE THE PROCEDURE SET
FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION TO MAKE A FINAL DETERMINATION
GRANTING OR TERMINATING SUCH EXCEPTION.
(3) Information submitted as provided in subparagraphs one and one-a
of this paragraph shall be PROVISIONALLY excepted from disclosure and be
maintained apart by the agency AND THE RESPECTIVE HOUSE OF THE STATE
LEGISLATURE from all other records until THE EXPIRATION OF THE SUBMIT-
TER'S EXCEPTION REQUEST OR fifteen days after the entitlement to such
exception has been finally determined or such further time as ordered by
a court of competent jurisdiction.
(b) [On the] DURING THE EFFECTIVE PERIOD OF AN EXCEPTION REQUEST UNDER
THIS SUBDIVISION, ON THE initiative of the agency OR EITHER HOUSE OF THE
STATE LEGISLATURE at any time, or upon the request of any person for a
record excepted from disclosure pursuant to this subdivision, the agency
OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE shall:
(1) inform the person who requested the exception of the agency's OR
SUCH HOUSE'S intention to determine whether such exception should be
granted or continued;
(2) permit the person who requested the exception, within ten business
days of receipt of notification from the agency OR RESPECTIVE HOUSE OF
THE STATE LEGISLATURE, to submit a written statement of the necessity
for the granting or continuation of such exception;
(3) within seven business days of receipt of such written statement,
or within seven business days of the expiration of the period prescribed
for submission of such statement, issue a written determination grant-
ing, continuing or terminating such exception and stating the reasons
therefor; copies of such determination shall be served upon the person,
if any, requesting the record, the person who requested the exception,
and the committee on [public access to records] OPEN GOVERNMENT.
(c) A denial of an exception from disclosure under paragraph (b) of
this subdivision may be appealed by the person submitting the informa-
tion and a denial of access to the record may be appealed by the person
requesting the record in accordance with this subdivision:
(1) Within seven business days of receipt of written notice denying
the request, the person may file a written appeal from the determination
of the agency OR THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE with the
S. 1505--A 150 A. 2005--A
head of the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE, the
chief executive officer or governing body or their designated represen-
tatives.
(2) The appeal shall be determined within ten business days of the
receipt of the appeal. Written notice of the determination shall be
served upon the person, if any, requesting the record, the person who
requested the exception and the committee on [public access to records]
OPEN GOVERNMENT. The notice shall contain a statement of the reasons for
the determination.
(d) A proceeding to review an adverse determination pursuant to para-
graph (c) of this subdivision may be commenced pursuant to article
seventy-eight of the civil practice law and rules. Such proceeding, when
brought by a person seeking an exception from disclosure pursuant to
this subdivision, must be commenced within fifteen days of the service
of the written notice containing the adverse determination provided for
in subparagraph two of paragraph (c) of this subdivision. THE PROCEEDING
SHALL BE GIVEN PREFERENCE AND SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH
TERMS AND CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT, NOT TO EXCEED
FORTY-FIVE DAYS. APPEAL TO THE APPELLATE DIVISION OF THE SUPREME COURT
MUST BE MADE IN ACCORDANCE WITH LAW, AND MUST BE FILED WITHIN FIFTEEN
DAYS AFTER SERVICE BY A PARTY UPON THE APPELLANT OF A COPY OF THE JUDG-
MENT OR ORDER APPEALED FROM AND WRITTEN NOTICE OF ITS ENTRY. AN APPEAL
TAKEN FROM AN ORDER OF THE COURT REQUIRING DISCLOSURE SHALL BE GIVEN
PREFERENCE AND SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH TERMS AND CONDI-
TIONS AS THE PRESIDING JUSTICE MAY DIRECT, NOT TO EXCEED SIXTY DAYS.
THIS ACTION SHALL BE DEEMED ABANDONED WHEN THE PARTY REQUESTING AN
EXCLUSION FROM DISCLOSURE FAILS TO SERVE AND FILE A RECORD AND BRIEF
WITHIN THIRTY DAYS AFTER THE DATE OF THE NOTICE OF APPEAL. FAILURE BY
THE PARTY REQUESTING AN EXCLUSION FROM DISCLOSURE TO SERVE AND FILE A
RECORD AND BRIEF WITHIN THE ALLOTTED TIME SHALL RESULT IN THE DISMISSAL
OF THE APPEAL.
(e) The person requesting an exception from disclosure pursuant to
this subdivision shall in all proceedings have the burden of proving
entitlement to the exception.
(f) Where the agency OR THE RESPECTIVE HOUSE OF THE STATE LEGISLATURE
denies access to a record pursuant to paragraph [(d) of] (B) OF THIS
SUBDIVISION IN CONJUNCTION WITH subdivision two of section eighty-seven
of this article, the agency OR RESPECTIVE HOUSE OF THE STATE LEGISLATURE
shall have the burden of proving that the record falls within the
provisions of such exception.
(g) Nothing in this subdivision shall be construed to deny any person
access, pursuant to the remaining provisions of this article, to any
record or part excepted from disclosure upon the express written consent
of the person who had requested the exception.
(h) As used in this subdivision the term "agency" or "state agency"
means only a state department, board, bureau, division, council or
office and any public corporation the majority of whose members are
appointed by the governor.
(I) AS USED IN THIS SUBDIVISION THE TERM "STATE LEGISLATURE" MEANS THE
LEGISLATURE AS DEFINED IN SUBDIVISION TWO OF SECTION EIGHTY-SIX OF THIS
ARTICLE.
6. Nothing in this article shall be construed to limit or abridge any
otherwise available right of access at law or in equity of any party to
records.
7. Nothing in this article shall require the disclosure of the home
address of an officer or employee, former officer or employee, or of a
S. 1505--A 151 A. 2005--A
retiree of a public employees' retirement system; nor shall anything in
this article require the disclosure of the name or home address of a
beneficiary of a public employees' retirement system or of an applicant
for appointment to public employment; provided however, that nothing in
this subdivision shall limit or abridge the right of an employee organ-
ization, certified or recognized for any collective negotiating unit of
an employer pursuant to article fourteen of the civil service law, to
obtain the name or home address of any officer, employee or retiree of
such employer, if such name or home address is otherwise available under
this article.
8. Any person who, with intent to prevent the public inspection of a
record pursuant to this article, willfully conceals or destroys any such
record shall be guilty of a violation.
9. When records maintained electronically include items of information
that would be available under this article, as well as items of informa-
tion that may be withheld, an agency OR RESPECTIVE HOUSE OF THE STATE
LEGISLATURE in designing its information retrieval methods, whenever
practicable and reasonable, shall do so in a manner that permits the
segregation and retrieval of available items in order to provide maximum
public access.
§ 5. Subdivisions (t) and (u) of section 105 of the civil practice law
and rules, subdivision (u) as relettered by chapter 100 of the laws of
1994, are relettered subdivisions (u) and (v) and a new subdivision (t)
is added to read as follows:
(T) "STATE LEGISLATURE" MEANS THE NEW YORK STATE SENATE, NEW YORK
STATE ASSEMBLY, ANY COMMITTEE, SUBCOMMITTEE, JOINT COMMITTEE, SELECT
COMMITTEE, OR COMMISSION THEREOF, AND ANY MEMBERS, OFFICERS, REPRESEN-
TATIVES AND EMPLOYEES THEREOF.
§ 6. Subdivision (a) of section 7802 of the civil practice law and
rules is amended to read as follows:
(a) Definition of "body or officer". The expression "body or officer"
includes every court, tribunal, board, corporation, officer, STATE
LEGISLATURE, or other person, or aggregation of persons, whose action
may be affected by a proceeding under this article.
§ 7. Subdivision 3 of section 713 of the executive law, as amended by
section 16 of part B of chapter 56 of the laws of 2010, is amended to
read as follows:
3. Any reports prepared pursuant to this article shall not be subject
to disclosure pursuant to [section eighty-eight] ARTICLE SIX of the
public officers law.
§ 8. Section 70-0113 of the environmental conservation law is
REPEALED.
§ 9. Subdivision 4 of section 308 of the county law is REPEALED.
§ 10. This act shall take effect immediately; provided however that
the amendments to paragraphs (j), (k), (l), (m), (n), (n) and (o) of
subdivision 2 of section 87 of the public officers law made by section
two of this act shall not affect the repeal of such paragraphs and shall
be deemed repealed therewith.
PART CC
Section 1. Section 13-b of the workers' compensation law, as amended
by chapter 1068 of the laws of 1960, the section heading, subdivisions 1
and 2 as amended by chapter 473 of the laws of 2000 and subdivision 3 as
amended by section 85 of part A of chapter 58 of the laws of 2010, is
amended to read as follows:
S. 1505--A 152 A. 2005--A
§ 13-b. Authorization of [physicians] PROVIDERS, medical bureaus and
laboratories by the chair. 1. [Upon the recommendation of the medical
society of the county in which the physician's office is located or of a
board designated by such county society or of a board representing duly
licensed physicians of any other school of medical practice in such
county, the chair may authorize physicians licensed to practice medicine
in the state of New York to render medical care under this chapter and
to perform independent medical examinations in accordance with subdivi-
sion four of section thirteen-a of this article. If, within sixty days
after the chair requests such recommendations the medical society of
such county or board fails to act, or if there is no such society in
such county, the chair shall designate a board of three outstanding
physicians, who shall make the requisite recommendations.
No such authorization shall be made in the absence of a recommendation
of the appropriate society or board or of a review and recommendation by
the medical appeals unit.] No person shall render medical care or
conduct independent medical examinations under this chapter without such
authorization by the chair[, provided, that: (a)]. AS USED IN THIS
TITLE, THE FOLLOWING DEFINITIONS SHALL HAVE THE FOLLOWING MEANINGS
UNLESS THEIR CONTEXT REQUIRES OTHERWISE:
(A) "ACUPUNCTURIST" SHALL MEAN LICENSED AS HAVING COMPLETED A FORMAL
COURSE OF STUDY AND HAVING PASSED AN EXAMINATION IN ACCORDANCE WITH THE
EDUCATION LAW, THE REGULATIONS OF THE COMMISSIONER OF EDUCATION, AND THE
REQUIREMENTS OF THE BOARD OF REGENTS. ACUPUNCTURISTS ARE REQUIRED BY THE
EDUCATION LAW TO ADVISE, IN WRITING, EACH PATIENT OF THE IMPORTANCE OF
CONSULTING WITH A PHYSICIAN FOR THE CONDITION OR CONDITIONS NECESSITAT-
ING ACUPUNCTURE CARE, AS PRESCRIBED BY THE EDUCATION LAW.
(B) "CHAIR" OF THE BOARD SHALL MEAN EITHER THE CHAIR OR THE CHAIR'S
DESIGNEE.
(C) "CHIROPRACTOR" SHALL MEAN LICENSED AND HAVING COMPLETED TWO YEARS
OF PREPROFESSIONAL COLLEGE STUDY AND A FOUR-YEAR RESIDENT PROGRAM IN
CHIROPRACTIC IN ACCORDANCE WITH THE EDUCATION LAW, AND CONSISTENT WITH
THE LICENSING REQUIREMENTS OF THE COMMISSIONER OF EDUCATION.
(D) "DENTIST" SHALL MEAN LICENSED AND HAVING COMPLETED A FOUR-YEAR
COURSE OF STUDY LEADING TO A D.D.S. OR D.D.M. DEGREE, OR AN EQUIVALENT
DEGREE, IN ACCORDANCE WITH THE EDUCATION LAW AND THE LICENSING REQUIRE-
MENTS OF THE COMMISSIONER OF EDUCATION.
(E) "EMPLOYER" SHALL MEAN A SELF-INSURED EMPLOYER OR, IF INSURED, THE
INSURANCE CARRIER.
(F) "INDEPENDENT MEDICAL EXAMINATION" SHALL MEAN AN EXAMINATION
PERFORMED BY A MEDICAL PROVIDER, AUTHORIZED UNDER THIS SECTION TO
PERFORM SUCH EXAMINATION, FOR THE PURPOSE OF EXAMINING OR EVALUATING
INJURY OR ILLNESS PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FOUR OF
SECTION THIRTEEN-A AND SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER
AND AS MORE FULLY SET FORTH IN REGULATION.
(G) "NURSE PRACTITIONER" SHALL MEAN A LICENSED REGISTERED PROFESSIONAL
NURSE CERTIFIED PURSUANT TO SECTION SIXTY-NINE HUNDRED TEN OF THE EDUCA-
TION LAW.
(H) "OCCUPATIONAL THERAPIST" SHALL MEAN LICENSED AS HAVING A BACH-
ELOR'S OR MASTER'S DEGREE IN OCCUPATIONAL THERAPY FROM A REGISTERED
PROGRAM WITH THE EDUCATION DEPARTMENT OR RECEIPT OF A DIPLOMA OR DEGREE
RESULTING FROM COMPLETION OF NOT LESS THAN FOUR YEARS OF POSTSECONDARY
STUDY, WHICH INCLUDES THE PROFESSIONAL STUDY OF OCCUPATIONAL THERAPY IN
ACCORDANCE WITH THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSION-
ER OF EDUCATION.
S. 1505--A 153 A. 2005--A
(I) "PHYSICAL THERAPIST" SHALL MEAN LICENSED AS HAVING COMPLETED A
MASTER'S DEGREE OR HIGHER IN PHYSICAL THERAPY IN ACCORDANCE WITH THE
EDUCATION LAW AND THE LICENSING REQUIREMENTS OF THE COMMISSIONER OF
EDUCATION.
(J) "PHYSICIAN" SHALL MEAN LICENSED WITH A DEGREE OF DOCTOR OF MEDI-
CINE, M.D., OR DOCTOR OF OSTEOPATHIC MEDICINE, D.O., OR AN EQUIVALENT
DEGREE IN ACCORDANCE WITH THE EDUCATION LAW AND THE LICENSING REQUIRE-
MENTS OF THE STATE BOARD OF MEDICINE AND THE REGULATIONS OF THE COMMIS-
SIONER OF EDUCATION.
(K) "PHYSICIAN ASSISTANT" SHALL MEAN A LICENSED PROVIDER WHO HAS GRAD-
UATED FROM A TWO- TO FOUR-YEAR STATE-APPROVED PHYSICIAN ASSISTANT
PROGRAM, HAS PASSED A LICENSING EXAMINATION, AND WHOSE ACTIONS AND
DUTIES ARE WITHIN THE SCOPE OF PRACTICE OF THE SUPERVISING PHYSICIAN, IN
ACCORDANCE WITH THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSION-
ER OF EDUCATION.
(L) "PODIATRIST" SHALL MEAN A DOCTOR OF PODIATRIC MEDICINE LICENSED AS
HAVING RECEIVED A DOCTORAL DEGREE IN PODIATRIC MEDICINE IN ACCORDANCE
WITH THE REGULATIONS OF THE COMMISSIONER OF EDUCATION AND THE EDUCATION
LAW, AND MUST SATISFACTORILY MEET ALL OTHER REQUIREMENTS OF THE STATE
BOARD FOR PODIATRIC MEDICINE.
(M) "PROVIDER" SHALL MEAN A DULY LICENSED ACUPUNCTURIST, CHIROPRACTOR,
INDEPENDENT MEDICAL EXAMINER, NURSE PRACTITIONER, PHYSICAL THERAPIST,
PHYSICIAN, PHYSICIAN ASSISTANT, PODIATRIST, PSYCHOLOGIST, OR SOCIAL
WORKER AUTHORIZED BY THE CHAIR.
(N) "PSYCHOLOGIST" SHALL MEAN LICENSED AS HAVING RECEIVED A DOCTORAL
DEGREE IN PSYCHOLOGY FROM A PROGRAM OF PSYCHOLOGY REGISTERED WITH THE
STATE EDUCATION DEPARTMENT OR THE SUBSTANTIAL EQUIVALENT THEREOF IN
ACCORDANCE WITH THE EDUCATION LAW, THE REQUIREMENTS OF THE STATE BOARD
FOR PSYCHOLOGY, AND THE REGULATIONS OF THE COMMISSIONER OF EDUCATION.
(O) "SOCIAL WORKER" SHALL MEAN A LICENSED CLINICAL SOCIAL WORKER. A
LICENSED CLINICAL SOCIAL WORKER HAS COMPLETED A MASTER'S DEGREE OF
SOCIAL WORK THAT INCLUDES COMPLETION OF A CORE CURRICULUM OF AT LEAST
TWELVE CREDIT HOURS OF CLINICAL COURSES OR THE EQUIVALENT POST-GRADUATE
CLINICAL COURSEWORK, IN ACCORDANCE WITH THE EDUCATION LAW AND THE REGU-
LATIONS OF THE COMMISSIONER OF EDUCATION.
2. Any [physician] PROVIDER licensed [to practice medicine] PURSUANT
TO THE EDUCATION LAW TO PROVIDE MEDICAL CARE AND TREATMENT in the state
of New York may render emergency [medical] care AND TREATMENT IN AN
EMERGENCY HOSPITAL OR URGENT CARE SETTING PROVIDING EMERGENCY TREATMENT
under this chapter without authorization by the chair under this
section; [and
(b)] (A) SUCH licensed [physician] PROVIDER AS IDENTIFIED IN THIS
SUBDIVISION who is [a member of a constituted medical staff of any
hospital] ON STAFF AT ANY HOSPITAL OR URGENT CARE CENTER PROVIDING EMER-
GENCY TREATMENT may [render] CONTINUE SUCH medical care under this chap-
ter while an injured employee remains a patient in such hospital OR
URGENT CARE SETTING; and
[(c)] (B) Under the [active and personal] DIRECT supervision of an
authorized [physician] PROVIDER, medical care may be rendered by a
registered nurse or other person trained in laboratory or diagnostic
techniques within the scope of such person's specialized training and
qualifications. This supervision shall be evidenced by signed records of
instructions for treatment and signed records of the patient's condition
and progress. Reports of such treatment and supervision shall be made by
such [physician] PROVIDER to the chair [on such forms and] IN THE FORMAT
PRESCRIBED BY THE CHAIR at such times as the chair may require.
S. 1505--A 154 A. 2005--A
[(d) Upon the referral which may be directive as to treatment of an
authorized physician physical therapy care may be rendered by a duly
licensed physical therapist. Where physical therapy care is rendered
records of the patient's condition and progress, together with records
of instruction for treatment, if any, shall be maintained by the phys-
ical therapist and physician. Said records shall be submitted to the
chair on such forms and at such times as the chair may require.
(e) Upon the prescription or referral of an authorized physician occu-
pational therapy care may be rendered by a duly licensed occupational
therapist. Where occupational therapy care is rendered records of the
patient's condition and progress, together with records of instruction
for treatment, if any shall be maintained by the occupational therapist
and physician. Said records shall be submitted to the chair on forms and
at such times as the chair may require.
(f)] (C) Where it would place an unreasonable burden upon the employer
or carrier to arrange for, or for the claimant to attend, an independent
medical examination by an authorized [physician] PROVIDER, the employer
or carrier shall arrange for such examination to be performed by a qual-
ified [physician] PROVIDER in a medical facility convenient to the
claimant.
[2.] (D) UPON THE PRESCRIPTION OR REFERRAL OF AN AUTHORIZED PHYSICIAN,
OR NURSE PRACTITIONER ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE,
CARE OR TREATMENT MAY BE RENDERED TO AN INJURED EMPLOYEE BY AN AUTHOR-
IZED PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST OR ACUPUNCTURIST
PROVIDED THE CONDITIONS AND THE TREATMENT PERFORMED ARE AMONG THE CONDI-
TIONS THAT THE PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST OR ACUPUNCTU-
RIST IS AUTHORIZED TO TREAT PURSUANT TO THE EDUCATION LAW OR THE REGU-
LATIONS OF THE COMMISSIONER OF EDUCATION. WHERE ANY SUCH CARE OR
TREATMENT IS RENDERED, RECORDS OF THE PATIENT'S CONDITION AND PROGRESS,
TOGETHER WITH RECORDS OF INSTRUCTION FOR TREATMENT, IF ANY, SHALL BE
MAINTAINED BY THE PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST OR ACUPUNC-
TURIST RENDERING TREATMENT AND BY THE REFERRING PHYSICIAN OR NURSE PRAC-
TITIONER. SAID RECORDS SHALL BE SUBMITTED TO THE CHAIR ON FORMS AND AT
SUCH TIMES AS THE CHAIR MAY REQUIRE.
(E) A RECORD, REPORT OR OPINION OF A PHYSICAL THERAPIST, OCCUPATIONAL
THERAPIST, ACUPUNCTURIST OR PHYSICIAN ASSISTANT SHALL NOT BE CONSIDERED
AS EVIDENCE OF THE CAUSAL RELATIONSHIP OF ANY CONDITION TO A WORK
RELATED ACCIDENT OR OCCUPATIONAL DISEASE UNDER THIS CHAPTER. NOR MAY A
RECORD, REPORT OR OPINION OF A PHYSICAL THERAPIST, OCCUPATIONAL THERA-
PIST OR ACUPUNCTURIST BE CONSIDERED EVIDENCE OF DISABILITY. NOR MAY A
RECORD, REPORT OR OPINION OF A PHYSICIAN ASSISTANT BE CONSIDERED
EVIDENCE OF THE PRESENCE OF A PERMANENT OR INITIAL DISABILITY OR THE
DEGREE THEREOF. NOR MAY A PHYSICAL THERAPIST, OCCUPATIONAL THERAPIST,
ACUPUNCTURIST OR PHYSICIAN ASSISTANT PERFORM AN INDEPENDENT MEDICAL
EXAMINATION CONCERNING A CLAIM UNDER THIS CHAPTER.
(F) A NURSE PRACTITIONER, OR LICENSED CLINICAL SOCIAL WORKER, MAY
PERFORM AN INDEPENDENT MEDICAL EXAMINATION ON BEHALF OF AN EMPLOYER ONLY
TO THE EXTENT THAT THE EXAMINATION CONCERNS TREATMENT RENDERED BY AN
IDENTICAL PROVIDER TYPE, BUT MAY NOT PERFORM AN INDEPENDENT MEDICAL
EXAMINATION ON BEHALF OF THE EMPLOYER CONCERNING (1) THE CAUSAL
RELATIONSHIP OF ANY CONDITION TO A WORK RELATED ACCIDENT OR OCCUPATIONAL
DISEASE UNDER THIS CHAPTER OR (2) THE PRESENCE OF A DISABILITY OR THE
DEGREE THEREOF.
3. A [physician licensed to practice medicine in the state of New York
who is] PROVIDER PROPERLY LICENSED OR CERTIFIED PURSUANT TO THE REGU-
LATIONS OF THE COMMISSIONER OF EDUCATION AND THE REQUIREMENTS OF THE
S. 1505--A 155 A. 2005--A
EDUCATION LAW desirous of being authorized to render medical care under
this chapter and/or to conduct independent medical examinations in
accordance with paragraph (b) of subdivision four of section thirteen-a
and section one hundred thirty-seven of this chapter shall file an
application for authorization under this chapter with the [medical soci-
ety in the county in which his or her office is located, or with a board
designated by such society, or with a board designated by the chair as
provided in this section. In such application the applicant shall state
his or her training and qualifications, and shall agree to limit his or
her professional activities under this chapter to such medical care and
independent medical examinations, as his or her experience and training
qualify him or her to render. The applicant shall further agree to
refrain] CHAIR OR CHAIR'S DESIGNEE. PRIOR TO RECEIVING AUTHORIZATION, A
PHYSICIAN MUST, TOGETHER WITH SUBMISSION OF AN APPLICATION TO THE CHAIR,
SUBMIT SUCH APPLICATION TO THE MEDICAL SOCIETY OF THE COUNTY IN WHICH
THE PHYSICIAN'S OFFICE IS LOCATED OR OF A BOARD DESIGNATED BY SUCH COUN-
TY SOCIETY OR OF A BOARD REPRESENTING DULY LICENSED PHYSICIANS OF ANY
OTHER SCHOOL OF MEDICAL PRACTICE IN SUCH COUNTY, AND SUBMIT THE RECOM-
MENDATION TO THE BOARD. IN THE EVENT SUCH COUNTY SOCIETY OR BOARD FAILS
TO TAKE ACTION UPON A PHYSICIAN'S APPLICATION WITHIN FORTY-FIVE DAYS,
THE CHAIR MAY COMPLETE REVIEW OF THE APPLICATION WITHOUT SUCH APPROVAL.
UPON APPROVAL OF THE APPLICATION BY THE CHAIR OR THE CHAIR'S DESIGNEE,
THE APPLICANT SHALL FURTHER AGREE TO REFRAIN from subsequently treating
for remuneration, as a private patient, any person seeking medical
treatment, or submitting to an independent medical examination, in
connection with, or as a result of, any injury compensable under this
chapter, if he or she has been removed from the list of [physicians]
PROVIDERS authorized to render medical care or to conduct independent
medical examinations under this chapter, or if the person seeking such
treatment, or submitting to an independent medical examination, has been
transferred from his or her care in accordance with the provisions of
this chapter. This agreement shall run to the benefit of the injured
person so treated or examined, and shall be available to him or her as a
defense in any action by such [physician] PROVIDER for payment for
treatment rendered by a [physician] PROVIDER after he or she has been
removed from the list of [physicians] PROVIDERS authorized to render
medical care or to conduct independent medical examinations under this
chapter, or after the injured person was transferred from his or her
care in accordance with the provisions of this chapter. [The medical
society or the board designated by it, or the board as otherwise
provided under this section, if it deems such licensed physician duly
qualified, shall recommend to the chair that such physician be author-
ized to render medical care and/or conduct independent medical examina-
tions under this chapter, and such recommendation and authorization
shall specify the character of the medical care or independent medical
examination which such physician is qualified and authorized to render
under this chapter. Such recommendations shall be advisory to the chair
only and shall not be binding or conclusive upon him or her. The
licensed physician may present to the medical society or board,
evidences of additional qualifications at any time subsequent to his or
her original application. If the medical society or board fails to
recommend to the chair that a physician be authorized to render medical
care and/or to conduct independent medical examinations under this chap-
ter, the physician may appeal to the medical appeals unit. The medical
society or the board designated by it, or the board as otherwise
provided under this section, may upon its own initiative, or shall upon
S. 1505--A 156 A. 2005--A
request of the chair, review at any time the qualifications of any
physician as to the character of the medical care or independent medical
examinations which such physician has theretofore been authorized to
render under this chapter and may recommend to the chair that such
physician be authorized to render medical care or to conduct independent
medical examinations thereafter of the character which such physician is
then qualified to render. On such advisory recommendation the chair may
review and after reasonable investigation may revise the authorization
of a physician in respect to the character of medical care and/or to
conduct independent medical examinations which he or she is authorized
to render. If the medical society or board recommends to the chair that
a physician be authorized to render medical care and/or to conduct inde-
pendent medical examinations under this chapter of a character different
from the character of medical care or independent medical examinations
he or she has been theretofore authorized to render, such physician may
appeal from such recommendation to the medical appeals unit.
3.] 4. Laboratories and bureaus engaged in x-ray diagnosis or treat-
ment or in physiotherapy or other therapeutic procedures and which
participate in the diagnosis or treatment of injured [workmen] WORKERS
under this chapter shall be operated or supervised by [qualified physi-
cians duly] PROVIDERS authorized under this chapter and shall be subject
to the provisions of section thirteen-c of this article. The person in
charge of diagnostic clinical laboratories duly authorized under this
chapter shall possess the qualifications established by the public
health and health planning council for approval by the state commission-
er of health or, in the city of New York, the qualifications approved by
the board of health of said city and shall maintain the standards of
work required for such approval.
§ 2. Section 13-d of the workers' compensation law, as amended by
chapter 459 of the laws of 1944, the section heading, subdivision 1 and
subdivision 2 as amended by chapter 473 of the laws of 2000, paragraphs
(a) and (b) of subdivision 2 as amended and subdivision 5 as added by
chapter 6 of the laws of 2007, subdivision 4 as amended by chapter 1068
of the laws of 1960, is amended to read as follows:
§ 13-d. Removal of [physicians] PROVIDERS from lists of those author-
ized to render medical care or to conduct independent medical examina-
tions. 1. The medical society of the county in which the physician's
office is located at the time or a board designated by such county soci-
ety or a board representing duly licensed physicians of any other school
of medical practice in such county shall investigate, hear and make
findings with respect to all charges as to professional or other miscon-
duct of any authorized physician as herein provided under rules and
procedure to be prescribed by the medical appeals unit, and shall report
evidence of such misconduct, with their findings and recommendation with
respect thereto, to the chair. Failure to commence such investigation
within sixty days from the date the charges are referred to the society
by the chair or submit findings and recommendations relating to the
charges within one hundred eighty days from the date the charges are
referred shall empower the chair to appoint, as a hearing officer, a
member of the board, employee, or other qualified hearing officer to
hear and report on the charges to the chair. A qualified hearing offi-
cer, who is neither a member of the board, or employee thereof shall be
paid at a reasonable per diem rate to be fixed by the chair.
Such investigation, hearing, findings, recommendation and report may
be made by the society or board of an adjoining county upon the request
of the medical society of the county in which the alleged misconduct or
S. 1505--A 157 A. 2005--A
infraction of this chapter occurred, subject to the time limit and
conditions set forth herein. The medical appeals unit shall review the
findings and recommendation of such medical society or board, or hearing
officer appointed by the chair upon application of the accused physician
and may reopen the matter and receive further evidence. The findings,
decision and recommendation of such society, board or hearing officer
appointed by the chair or medical appeals unit shall be advisory to the
chair only, and shall not be binding or conclusive upon him or her.
2. The chair shall remove from the list of [physicians] PROVIDERS
authorized to render medical care under this chapter, or to conduct
independent medical examinations in accordance with paragraph (b) of
subdivision four of section thirteen-a of this article, the name of any
[physician] PROVIDER who he or she shall find after reasonable investi-
gation is disqualified because such [physician] PROVIDER:
(a) has been guilty of professional or other misconduct or incompeten-
cy in connection with rendering medical services under the law; or
(b) has exceeded the limits of his or her professional competence in
rendering medical care or in conducting independent medical examinations
under the law, or has made materially false statements regarding his or
her qualifications in his or her application for the recommendation of
the medical society or board as provided in section thirteen-b of this
article; or
(c) has failed to transmit copies of medical reports to claimant's
attorney or licensed representative as provided in subdivision (f) of
section thirteen of this article; or has failed to submit full and
truthful medical reports of all his or her findings to the employer, and
directly to the chair or the board within the time limits provided in
subdivision four of section thirteen-a of this article with the excep-
tion of injuries which do not require (1) more than ordinary first aid
or more than two treatments by a [physician] PROVIDER or person render-
ing first aid, or (2) loss of time from regular duties of one day beyond
the working day or shift; or
(d) knowingly made a false statement or representation as to a materi-
al fact in any medical report made pursuant to this chapter or in testi-
fying or otherwise providing information for the purposes of this chap-
ter; or
(e) has solicited, or has employed another to solicit for himself or
herself or for another, professional treatment, examination or care of
an injured employee in connection with any claim under this chapter; or
(f) has refused to appear before, to testify, to submit to a deposi-
tion, or to answer upon request of, the chair, board, medical appeals
unit or any duly authorized officer of the state, any legal question, or
to produce any relevant book or paper concerning his or her conduct
under any authorization granted to him or her under this chapter; or
(g) has directly or indirectly requested, received or participated in
the division, transference, assignment, rebating, splitting or refunding
of a fee for, or has directly or indirectly requested, received or prof-
ited by means of a credit or other valuable consideration as a commis-
sion, discount or gratuity in connection with the furnishing of medical
or surgical care, an independent medical examination, diagnosis or
treatment or service, including X-ray examination and treatment, or for
or in connection with the sale, rental, supplying or furnishing of clin-
ical laboratory services or supplies, X-ray laboratory services or
supplies, inhalation therapy service or equipment, ambulance service,
hospital or medical supplies, physiotherapy or other therapeutic service
or equipment, artificial limbs, teeth or eyes, orthopedic or surgical
S. 1505--A 158 A. 2005--A
appliances or supplies, optical appliances, supplies or equipment,
devices for aid of hearing, drugs, medication or medical supplies, or
any other goods, services or supplies prescribed for medical diagnosis,
care or treatment, under this chapter; except that reasonable payment,
not exceeding the technical component fee permitted in the medical fee
schedule, established under this chapter for X-ray examinations, diagno-
sis or treatment, may be made by a [physician] PROVIDER duly authorized
as a roentgenologist to any hospital furnishing facilities and equipment
for such examination, diagnosis or treatment, provided such hospital
does not also submit a charge for the same services. Nothing contained
in this paragraph shall prohibit such [physicians] PROVIDERS who prac-
tice as partners, in groups or as a professional corporation or as a
university faculty practice corporation from pooling fees and moneys
received, either by the partnership, professional corporation, universi-
ty faculty practice corporation or group by the individual members ther-
eof, for professional services furnished by any individual professional
member, or employee of such partnership, corporation or group, nor shall
the professionals constituting the partnerships, corporations, or groups
be prohibited from sharing, dividing or apportioning the fees and moneys
received by them or by the partnership, corporation or group in accord-
ance with a partnership or other agreement.
3. Any person who violates or attempts to violate, and any person who
aids another to violate or attempts to induce him OR HER to violate the
provisions of paragraph (g) of subdivision two of this section shall be
guilty of a misdemeanor.
4. Nothing in this section shall be construed as limiting in any
respect the power or duty of the [chairman] CHAIR to investigate
instances of misconduct, either before or after investigation by a
medical society or board as herein provided, or to temporarily suspend
the authorization of any [physician] PROVIDER that he OR SHE may believe
to be guilty of such misconduct.
5. Whenever the department of health OR THE DEPARTMENT OF EDUCATION
shall conduct an investigation with respect to charges of professional
or other misconduct by a [physician] PROVIDER which results in a report,
determination or consent order that includes a finding of professional
or other misconduct or incompetency by such [physician] PROVIDER, the
chair shall have full power and authority to temporarily suspend, revoke
or otherwise limit the authorization under this chapter of any [physi-
cian] PROVIDER upon such finding by the department of health OR THE
DEPARTMENT OF EDUCATION that the [physician] PROVIDER has been guilty of
professional or other misconduct. The recommendations of the department
of health OR THE DEPARTMENT OF EDUCATION shall be advisory to the chair
only and shall not be binding or conclusive upon the chair.
§ 3. Section 13-g of the workers' compensation law, as added by chap-
ter 258 of the laws of 1935, subdivision 1 as amended by chapter 674 of
the laws of 1994, subdivisions 2 and 3 as amended by section 4 of part
GG of chapter 57 of the laws of 2013, subdivision 4 as amended by
section 3 of part D of chapter 55 of the laws of 2015, subdivision 5 as
amended by chapter 578 of the laws of 1959 and subdivision 6 as amended
by chapter 639 of the laws of 1996, is amended to read as follows:
§ 13-g. Payment of bills for medical care. (1) Within forty-five days
after a bill FOR MEDICAL CARE OR SUPPLIES DELIVERED PURSUANT TO SECTION
THIRTEEN OF THIS ARTICLE has been rendered to the employer [by the
hospital, physician or self-employed physical or occupational therapist
who has rendered treatment pursuant to a referral from the injured
employee's authorized physician or authorized podiatrist for treatment
S. 1505--A 159 A. 2005--A
to the injured employee], such employer must pay the bill or notify the
[hospital, physician or self-employed physical or occupational therapist
in writing] MEDICAL CARE PROVIDER OR SUPPLIER IN THE FORMAT PRESCRIBED
BY THE CHAIR that the bill is not being paid and explain the reasons for
non-payment. In the event that the employer fails to make payment or
notify the [hospital, physician or self-employed physical or occupa-
tional therapist] MEDICAL CARE PROVIDER OR SUPPLIER within such forty-
five day period that payment is not being made, the [hospital, physi-
cian, self-employed physical therapist or self-employed occupational
therapist] MEDICAL CARE PROVIDER OR SUPPLIER may notify THE BOARD IN THE
FORMAT PRESCRIBED BY the chair [in writing] that the bill has not been
paid and request that the board make an award for payment of such bill.
The board or the chair may make an award not in excess of the estab-
lished fee schedules for any such bill or part thereof which remains
unpaid after said forty-five day period or thirty days after all other
questions duly and timely raised in accordance with the provisions of
this chapter, relating to the employer's liability for the payment of
such amount, shall have been finally determined adversely to the employ-
er, whichever is later, in accordance with rules promulgated by the
chair, and such award may be collected in like manner as an award of
compensation. The chair shall assess the sum of fifty dollars against
the employer for each such award made by the board, which sum shall be
paid into the state treasury.
In the event that the employer has provided an explanation in writing
why the bill has not been paid, in part or in full, within the aforesaid
time period, and the parties can not agree as to the value of medical
aid rendered under this chapter, such value shall be decided by arbi-
tration [if requested by the hospital, physician or self-employed phys-
ical or occupational therapist, in accordance with the provisions of
subdivision two or subdivision three of this section, as appropriate,
and] AS SET FORTH IN rules and regulations promulgated by the chair.
Where a [physician, physical or occupational therapist] bill FOR
MEDICAL CARE OR SUPPLIES has been determined to be due and owing in
accordance with the provisions of this section the board shall include
in the amount of the award interest of not more than one and one-half
[per cent] PERCENT (1 1/2%) per month payable to the [physician, phys-
ical or occupational therapist] MEDICAL CARE PROVIDER OR SUPPLIER, in
accordance with the rules and regulations promulgated by the board.
Interest shall be calculated from the forty-fifth day after the bill was
rendered or from the thirtieth day after all other questions duly and
timely raised in accordance with the provisions of this chapter, relat-
ing to the employer's liability for the payment of such amount, shall
have been finally determined adversely to the employer, whichever is
later, in accordance with rules promulgated by the chair.
(2) (a) If the parties fail to agree to the value of medical aid
rendered under this chapter and the amount of the disputed bill is one
thousand dollars or less, or if the amount of the disputed medical bill
exceeds one thousand dollars and the [health] MEDICAL care provider OR
SUPPLIER expressly so requests, such value shall be decided by a single
arbitrator process, pursuant to rules promulgated by the chair. [The
chair shall appoint a physician who is a member in good standing of the
medical society of the state of New York to determine the value of such
disputed medical bill. Where the physician whose charges are being
arbitrated is a member in good standing of the New York osteopathic
society, the value of such disputed bill shall be determined by a member
in good standing of the New York osteopathic society appointed by the
S. 1505--A 160 A. 2005--A
chair. Where the physician whose charges are being arbitrated is a
member in good standing of the New York homeopathic society, the value
of such disputed bill shall be determined by a member in good standing
of the New York homeopathic society appointed by the chair. Where the
value of physical therapy services or occupational therapy services is
at issue, such value shall be determined by a member in good standing of
a recognized professional association representing its respective
profession in the state of New York appointed by the chair.] Decisions
rendered under the single arbitrator process shall be conclusive upon
the parties as to the value of the services in dispute.
(b) If the parties fail to agree as to the value of medical aid
rendered under this chapter and the amount of the disputed bill exceeds
one thousand dollars, such value shall be decided by an arbitration
committee unless the [health] MEDICAL care provider OR SUPPLIER express-
ly requests a single arbitrator process in accordance with paragraph (a)
of this subdivision. The arbitration committee shall [consist of one
physician designated by the president of the medical society of the
county in which the medical services were rendered, one physician who is
a member of the medical society of the state of New York, appointed by
the employer or carrier, and one physician, also a member of the medical
society of the state of New York, appointed by the chair of the workers'
compensation board. If the physician whose charges are being arbitrated
is a member in good standing of the New York osteopathic society or the
New York homeopathic society, the members of such arbitration committee
shall be physicians of such organization, one to be appointed by the
president of that organization, one by the employer or carrier and the
third by the chair of the workers' compensation board. Where the value
of physical therapy services is at issue and the amount of the disputed
bill exceeds one thousand dollars, the arbitration committee shall
consist of a member in good standing of a recognized professional asso-
ciation representing physical therapists in the state of New York
appointed by the president of such organization, a physician designated
by the employer or carrier and a physician designated by the chair of
the workers' compensation board provided however, that the chair finds
that there are a sufficient number of physical therapy arbitrations in a
geographical area comprised of one or more counties to warrant a commit-
tee so comprised. In all other cases where the value of physical therapy
services is at issue and the amount of the disputed bill exceeds one
thousand dollars, the arbitration committee shall be similarly selected
and identical in composition, provided that the physical therapist
member shall serve without remuneration, and provided further that in
the event a physical therapist is not available, the committee shall be
comprised of three physicians designated in the same manner as in cases
where the value of medical aid is at issue.
(c) Where the value of occupational therapy services is at issue the
arbitration committee shall consist of a member in good standing of a
recognized professional association representing occupational therapists
in the state of New York appointed by the president of such organiza-
tion; a physician designated by the employer or carrier and a physician
designated by the chair of the workers' compensation board provided,
however, that the chair finds that there are a sufficient number of
occupational therapy arbitrations in a geographical area comprised of
one or more counties to warrant a committee so comprised. In all other
cases where the value of occupational therapy services is at issue and
the amount of the disputed bill exceeds one thousand dollars, the arbi-
tration committee shall be similarly selected and identical in composi-
S. 1505--A 161 A. 2005--A
tion, provided that the occupational therapist member shall serve with-
out remuneration, and provided further that in the event an occupational
therapist is not available, the committee shall be comprised of three
physicians designated in the same manner as in cases where the value of
medical aid is at issue.] HAVE THREE MEMBERS DESIGNATED BY THE CHAIR IN
CONSULTATION WITH THE MEDICAL DIRECTOR'S OFFICE OF THE WORKERS' COMPEN-
SATION BOARD. The majority decision of any such arbitration committee
shall be conclusive upon the parties as to the value of the services in
dispute.
(3) [(a) If an employer shall have notified the hospital in writing,
as provided in subdivision one of this section, why the bill has not
been paid, in part or in full, and the amount of the disputed bill is
one thousand dollars or less, or where the amount of the disputed
medical bill exceeds one thousand dollars and the hospital expressly so
requests, such value shall be decided by a single arbitrator process,
pursuant to rules promulgated by the chair. The chair shall appoint a
physician in good standing licensed to practice in New York state to
determine the value of such disputed bill. Decisions rendered under the
administrative resolution procedure shall be conclusive upon the parties
as to the value of the services in dispute.
(b) If an employer shall have notified the hospital in writing, as
provided in subdivision one of this section, why the bill has not been
paid, in part or in full, and the amount of the disputed bill exceeds
one thousand dollars, the value of such bill shall be determined by an
arbitration committee appointed by the chair for that purpose, which
committee shall consider all of the charges of the hospital, unless the
hospital expressly requests a single arbitrator process pursuant to
paragraph (a) of this subdivision. The committee shall consist of three
physicians. One member of the committee may be nominated by the chair
upon recommendation of the president of the hospital association of New
York state and one member may be nominated by the employer or insurance
carrier. The majority decision of any such committee shall be conclusive
upon the parties as to the value of the services rendered. The chair may
make reasonable rules and regulations consistent with the provisions of
this section.
(4)] A provider OR SUPPLIER initiating an arbitration, including a
single arbitrator process, pursuant to this section shall not pay a fee
to cover the costs related to the conduct of such arbitration. [Each
member of an arbitration committee for medical bills, and each member of
an arbitration committee for hospital bills shall be entitled to receive
and shall be paid a fee for each day's attendance at an arbitration
session in any one count in an amount fixed by the chair of the workers'
compensation board.
(5)] (4) In claims where the employer has failed to secure compen-
sation to his employees as required by section fifty of this chapter,
the board may make an award for the value of medical [and podiatry]
services, SUPPLIES or treatment rendered to such employees, in accord-
ance with the schedules of fees and charges prepared and established
under the provisions of [section thirteen, subdivision a, and section
thirteen-k, subdivision two, of] this chapter[, and for the reasonable
value of hospital care in accordance with the charges currently in force
in hospitals in the same community for cases coming within the
provisions of this chapter]. Such award shall be made to the [physician,
podiatrist, or hospital] MEDICAL CARE PROVIDER OR SUPPLIER entitled
thereto. A default in the payment of such award may be enforced in the
S. 1505--A 162 A. 2005--A
manner provided for the enforcement of compensation awards as set forth
in section twenty-six of this [chapter] ARTICLE.
In all cases coming under this subdivision the payment of the claim
[of the physician, podiatrist, or hospital for medical, podiatry, or
surgical services or treatment] FOR MEDICAL CARE OR SUPPLIES shall be
subordinate to that of the claimant or his OR HER beneficiaries.
[(6) Notwithstanding any inconsistent provision of law, arbitration
regarding payments for inpatient hospital services for any patient
discharged on or after January first, nineteen hundred ninety-one and
prior to December thirty-first, nineteen hundred ninety-six shall be
resolved in accordance with paragraph (d) of subdivision three of
section twenty-eight hundred seven-c of the public health law.]
§ 4. Subdivisions 1 and 2 and paragraph (b) of subdivision 3 of
section 13-k of the workers' compensation law, subdivision 1 as added by
chapter 787 of the laws of 1952 and subdivision 2 and paragraph (b) of
subdivision 3 as amended by chapter 473 of the laws of 2000, are amended
to read as follows:
1. When the term "chairman" is hereinafter used, it shall be deemed to
mean the [chairman] CHAIR of the [workmen's] WORKERS' compensation board
of the state of New York.
2. An employee injured under circumstances which make such injury
compensable under this article, when care is required for an injury to
the foot which injury or resultant condition therefrom may lawfully be
treated by a duly registered and licensed podiatrist of the state of New
York, may select to treat him or her any podiatrist authorized by the
chair to render [podiatry] PODIATRIC MEDICAL care, as hereinafter
provided. If the injury or condition is one which is without the limits
prescribed by the education law for [podiatry] PODIATRIC MEDICAL care
and treatment, or the injuries involved affect other parts of the body
in addition to the foot, the said podiatrist must so advise the said
injured employee and instruct him or her to consult a physician of said
employee's choice for appropriate care and treatment. Such physician
shall thenceforth have overall supervision of the treatment of said
patient including the future treatment to be administered to the patient
by the podiatrist. If for any reason during the period when [podiatry]
PODIATRIC MEDICAL treatment and care is required, the employee wishes to
transfer his or her treatment and care to another authorized podiatrist
he or she may do so, in accordance with rules prescribed by the chair,
provided however that the employer shall be liable for the proper fees
of the original podiatrist for the care and treatment he or she shall
have rendered. [A podiatrist licensed and registered to practice podia-
try in the state of New York who is desirous of being authorized to
render podiatry care under this section and/or to conduct independent
medical examinations in accordance with paragraph (b) of subdivision
three of this section shall file an application for authorization under
this section with the podiatry practice committee. In such application
he or she shall agree to refrain from subsequently treating for remuner-
ation, as a private patient, any person seeking podiatry treatment, or
submitting to an independent medical examination, in connection with, or
as a result of, any injury compensable under this chapter, if he or she
has been removed from the list of podiatrists authorized to render
podiatry care or to conduct independent medical examinations under this
chapter, or if the person seeking such treatment has been transferred
from his or her care in accordance with the provisions of this section.
This agreement shall run to the benefit of the injured person so treated
or examined, and shall be available to him or her as a defense in any
S. 1505--A 163 A. 2005--A
action by such podiatrist for payment for treatment rendered by a podia-
trist after he or she has been removed from the list of podiatrists
authorized to render podiatry care or to conduct independent medical
examinations under this section, or after the injured person was trans-
ferred from his or her care in accordance with the provisions of this
section. The podiatry practice committee if it deems such licensed
podiatrist duly qualified shall recommend to the chair that such podia-
trist be authorized to render podiatry care and/or to conduct independ-
ent medical examinations under this section. Such recommendation shall
be advisory to the chair only and shall not be binding or conclusive
upon him or her.] The chair shall prepare and establish a schedule for
the state, or schedules limited to defined localities, of charges and
fees for [podiatry] PODIATRIC MEDICAL treatment and care, to be deter-
mined in accordance with and to be subject to change pursuant to rules
promulgated by the chair. Before preparing such schedule for the state
or schedules for limited localities the chair shall request the [podia-
try] PODIATRIC MEDICINE practice committee to submit to him or her a
report on the amount of remuneration deemed by such committee to be fair
and adequate for the types of [podiatry] PODIATRIC MEDICAL care to be
rendered under this chapter, but consideration shall be given to the
view of other interested parties. The amounts payable by the employer
for such treatment and services shall be the fees and charges estab-
lished by such schedule.
(b) Upon receipt of the notice provided for by paragraph (a) of this
subdivision, the employer, the carrier and the claimant each shall be
entitled to have the claimant examined by a qualified podiatrist author-
ized by the chair in accordance with [subdivision two of this] section
THIRTEEN-B and section one hundred thirty-seven of this chapter, at a
medical facility convenient to the claimant and in the presence of the
claimant's podiatrist, and refusal by the claimant to submit to such
independent medical examination at such time or times as may reasonably
be necessary in the opinion of the board shall bar the claimant from
recovering compensation for any period during which he or she has
refused to submit to such examination.
§ 5. Subdivisions 1 and 2 and paragraph (b) of subdivision 3 of
section 13-l of the workers' compensation law, subdivision 1 as added by
chapter 940 of the laws of 1973 and subdivision 2 and paragraph (b) of
subdivision 3 as amended by chapter 473 of the laws of 2000, are amended
to read as follows:
1. Where the term "chairman" is hereinafter used, it shall be deemed
to mean the [chairman] CHAIR of the [workmen's] WORKERS' compensation
board of the state of New York.
2. An employee injured under circumstances which make such injury
compensable under this article, when care is required for an injury
which consists solely of a condition which may lawfully be treated by a
chiropractor as defined in section sixty-five hundred fifty-one of the
education law may select to treat him or her, any duly registered and
licensed chiropractor of the state of New York, authorized by the chair
to render chiropractic care as hereinafter provided. If the injury or
condition is one which is outside the limits prescribed by the education
law for chiropractic care and treatment, the said chiropractor must so
advise the said injured employee and instruct him or her to consult a
physician of said employee's choice for appropriate care and treatment.
Such physician shall thenceforth have supervision of the treatment of
said condition including the future treatment to be administered to the
patient by the chiropractor. [A chiropractor licensed and registered to
S. 1505--A 164 A. 2005--A
practice chiropractic in the state of New York, who is desirous of being
authorized to render chiropractic care under this section and/or to
conduct independent medical examinations in accordance with paragraph
(b) of subdivision three of this section shall file an application for
authorization under this section with the chiropractic practice commit-
tee. In such application he or she shall agree to refrain from subse-
quently treating for remuneration, as a private patient, any person
seeking chiropractic treatment, or submitting to an independent medical
examination, in connection with, or as a result of, any injury compensa-
ble under this chapter, if he or she has been removed from the list of
chiropractors authorized to render chiropractic care or to conduct inde-
pendent medical examinations under this chapter, or if the person seek-
ing such treatment has been transferred from his or her care in accord-
ance with the provisions of this section. This agreement shall run to
the benefit of the injured person so treated, or examined, and shall be
available to him or her as a defense in any action by such chiropractor
for payment rendered by a chiropractor after he or she has been removed
from the list of chiropractors authorized to render chiropractic care or
to conduct independent medical examinations under this section, or after
the injured person was transferred from his or her care in accordance
with the provisions of this section. The chiropractic practice committee
if it deems such licensed chiropractor duly qualified shall recommend to
the chair that such be authorized to render chiropractic care and/or to
conduct independent medical examinations under this section. Such recom-
mendations shall be advisory to the chair only and shall not be binding
or conclusive upon him or her.] The chair shall prepare and establish a
schedule for the state, or schedules limited to defined localities of
charges and fees for chiropractic treatment and care, to be determined
in accordance with and to be subject to change pursuant to rules promul-
gated by the chair. Before preparing such schedule for the state or
schedules for limited localities the chair shall request the chiroprac-
tic practice committee to submit to him or her a report on the amount of
remuneration deemed by such committee to be fair and adequate for the
types of chiropractic care to be rendered under this chapter, but
consideration shall be given to the view of other interested parties,
the amounts payable by the employer for such treatment and services
shall be the fees and charges established by such schedule.
(b) Upon receipt of the notice provided for by paragraph (a) of this
subdivision, the employer, the carrier, and the claimant each shall be
entitled to have the claimant examined by a qualified chiropractor
authorized by the chair in accordance with [subdivision two of this]
section THIRTEEN-B and section one hundred thirty-seven of this chapter
at a medical facility convenient to the claimant and in the presence of
the claimant's chiropractor, and refusal by the claimant to submit to
such independent medical examination at such time or times as may
reasonably be necessary in the opinion of the board shall bar the claim-
ant from recovering compensation, for any period during which he or she
has refused to submit to such examination.
§ 6. Subdivisions 1, 2 and 3 and paragraph (b) of subdivision 4 of
section 13-m of the workers' compensation law, subdivisions 1 and 2 as
added by chapter 589 of the laws of 1989 and subdivision 3 and paragraph
(b) of subdivision 4 as amended by chapter 473 of the laws of 2000, are
amended to read as follows:
1. Where the term "chairman" is hereinafter used, it shall be deemed
to mean the [chairman] CHAIR of the workers' compensation board of the
state of New York.
S. 1505--A 165 A. 2005--A
2. (a) An injured employee, injured under circumstances which make
such injury compensable under this article, may lawfully be treated[,
upon the referral of an authorized physician,] by a psychologist, duly
registered and licensed by the state of New York, authorized by the
[chairman] CHAIR to render psychological care pursuant to [this] section
THIRTEEN-B OF THIS ARTICLE. Such services shall be within the scope of
such psychologist's specialized training and qualifications as defined
in article one hundred fifty-three of the education law.
(b) Medical bureaus, medical centers jointly operated by labor and
management representatives, hospitals and health maintenance organiza-
tions, authorized to provide medical care pursuant to section thirteen-c
of this [chapter] ARTICLE, may provide psychological services when
required[, upon the referral of an authorized physician, provided such
care is rendered by a duly registered, licensed and authorized psychol-
ogist, as required by this section].
(c) A psychologist rendering service pursuant to this section shall
maintain records of the patient's psychological condition and treatment,
and such records or reports shall be submitted to the [chairman] CHAIR
on such forms and at such times as the [chairman] CHAIR may require.
3. [A psychologist, licensed and registered to practice psychology in
the state of New York, who is desirous of being authorized to render
psychological care under this section and/or to conduct independent
medical examinations in accordance with paragraph (b) of subdivision
four of this section shall file an application for authorization under
this section with the psychology practice committee. The applicant shall
agree to refrain from subsequently treating for remuneration, as a
private patient, any person seeking psychological treatment, or submit-
ting to an independent medical examination, in connection with, or as a
result of, any injury compensable under this chapter, if he or she has
been removed from the list of psychologists authorized to render psycho-
logical care under this chapter. This agreement shall run to the benefit
of the injured person so treated, and shall be available as a defense in
any action by such psychologist for payment for treatment rendered by
such psychologist after being removed from the list of psychologists
authorized to render psychological care or to conduct independent
medical examinations under this section. The psychology practice commit-
tee if it deems such licensed psychologist duly qualified shall recom-
mend to the chair that such person be authorized to render psychological
care and/or to conduct independent medical examinations under this
section. Such recommendations shall be only advisory to the chair and
shall not be binding or conclusive.] The chair shall prepare and estab-
lish a schedule for the state or schedules limited to defined localities
of charges and fees for psychological treatment and care, to be deter-
mined in accordance with and be subject to change pursuant to rules
promulgated by the chair. Before preparing such schedule for the state
or schedules for limited localities the chair shall request the psychol-
ogy practice committee to submit to such chair a report on the amount of
remuneration deemed by such committee to be fair and adequate for the
types of psychological care to be rendered under this chapter, but
consideration shall be given to the view of other interested parties.
The amounts payable by the employer for such treatment and services
shall be the fees and charges established by such schedule.
(b) Upon receipt of the notice provided for by paragraph (a) of this
subdivision, the employer, the carrier, and the claimant each shall be
entitled to have the claimant examined by a qualified psychologist,
authorized by the chair in accordance with [subdivision three of this]
S. 1505--A 166 A. 2005--A
section THIRTEEN-B and section one hundred thirty-seven of this chapter,
at a medical facility convenient to the claimant and in the presence of
the claimant's psychologist, and refusal by the claimant to submit to
such independent medical examination at such time or times as may
reasonably be necessary in the opinion of the board shall bar the claim-
ant from recovering compensation, for any period during which he or she
has refused to submit to such examination.
§ 7. Section 54-b of the workers' compensation law, as amended by
chapter 6 of the laws of 2007, is amended to read as follows:
§ 54-b. Enforcement on failure to pay award or judgment. In case of
default by a carrier or self-insured employer in the payment of any
compensation due under an award for the period of thirty days after
payment is due and payable, or in the case of failure by a carrier or
self-insured employer to make full payment of an award for medical care
OR SUPPLIES issued by the board or the chair pursuant to section thir-
teen-g of this chapter, the chair in any such case or on the chair's
consent any party to an award may file with the county clerk for the
county in which the injury occurred or the county in which the carrier
or self-insured employer has his or her principal place of business, (1)
a certified copy of the decision of the board awarding compensation or
ending, diminishing or increasing compensation previously awarded, from
which no appeal has been taken within the time allowed therefor, or if
an appeal has been taken by a carrier or self-insured employer who has
not complied with the provisions of section fifty of this article, where
he or she fails to deposit with the chair the amount of the award as
security for its payment within ten days after the same is due and paya-
ble, or (2) a certified copy of the award for medical care OR SUPPLIES
issued pursuant to section thirteen-g of this chapter, and thereupon
judgment must be entered in the supreme court by the clerk of such coun-
ty in conformity therewith immediately upon such filing. If the payment
in default be an installment, the board may declare the entire award due
and judgment may be entered in accordance with the provisions of this
section. Such judgment shall be entered in the same manner, have the
same effect and be subject to the same proceedings as though rendered in
a suit duly heard and determined by the supreme court, except that no
appeal may be taken therefrom. The court shall vacate or modify such
judgment to conform to any later award or decision of the board upon
presentation of a certified copy of such award or decision. The award
may be so compromised by the board as in the discretion of the board may
best serve the interest of the persons entitled to receive the compen-
sation or benefits. Where an award has been made against a carrier or
self-insured employer in accordance with the provisions of subdivision
nine of section fifteen, or of section twenty-five-a of this chapter,
such an award may be similarly compromised by the board, upon notice to
a representative of the fund to which the award is payable, but if there
be no representative of any such fund, notice shall be given to such
representative as may be designated by the chair of the board; and
notwithstanding any other provision of law, such compromise shall be
effective without the necessity of any approval by the state comp-
troller. Neither the chair nor any party in interest shall be required
to pay any fee to any public officer for filing or recording any paper
or instrument or for issuing a transcript of any judgment executed in
pursuance of this section. The carrier or self-insured employer shall be
liable for all costs and attorneys fees necessary to enforce the award.
For the purposes of this section, the term "carrier" shall include the
state insurance fund and any stock corporation, mutual corporation or
S. 1505--A 167 A. 2005--A
reciprocal insurer authorized to transact the business of workers'
compensation insurance in this state.
§ 8. This act shall take effect on the ninetieth day after it shall
have become a law.
PART DD
Section 1. Section 14 of part J of chapter 62 of the laws of 2003
amending the county law and other laws relating to fees collected, as
amended by section 7 of part K of chapter 56 of the laws of 2010, is
amended to read as follows:
§ 14. Notwithstanding the provisions of any other law: (a) the fee
collected by the office of court administration for the provision of
criminal history searches and other searches for data kept electron-
ically by the unified court system shall be [sixty-five] NINETY dollars;
(b) [thirty-five] SIXTY dollars of each such fee collected shall be
deposited in the indigent legal services fund established by section
98-b of the state finance law, as added by section twelve of this act,
(c) nine dollars of each such fee collected shall be deposited in the
legal services assistance fund established by section 98-c of the state
finance law, as added by section nineteen of this act, (d) sixteen
dollars of each such fee collected shall be deposited to the judiciary
data processing offset fund established by section 94-b of the state
finance law, and (e) the remainder shall be deposited in the general
fund.
§ 2. Subdivision 4 of section 468-a of the judiciary law, as amended
by section 9 of part K of chapter 56 of the laws of 2010, is amended to
read as follows:
4. The biennial registration fee shall be [three] FOUR hundred [seven-
ty-five] TWENTY-FIVE dollars, sixty dollars of which shall be allocated
to and be deposited in a fund established pursuant to the provisions of
section ninety-seven-t of the state finance law, [fifty] ONE HUNDRED
dollars of which shall be allocated to and shall be deposited in a fund
established pursuant to the provisions of section ninety-eight-b of the
state finance law, twenty-five dollars of which shall be allocated to be
deposited in a fund established pursuant to the provisions of section
ninety-eight-c of the state finance law, and the remainder of which
shall be deposited in the attorney licensing fund. Such fee shall be
required of every attorney who is admitted and licensed to practice law
in this state, whether or not the attorney is engaged in the practice of
law in this state or elsewhere, except attorneys who certify to the
chief administrator of the courts that they have retired from the prac-
tice of law.
§ 3. This act shall take effect immediately.
PART EE
Section 1. Subdivision 1 of section 20.60 of the criminal procedure
law, is amended to read as follows:
1. An oral or written statement made by a person in one jurisdiction
to a person in another jurisdiction by means of telecommunication, mail
or any other method of communication is deemed to be made in each such
jurisdiction. FOR PURPOSES OF THIS SUBDIVISION, SUCH STATEMENT SHALL
INCLUDE TESTIMONY GIVEN PURSUANT TO SUBDIVISION FOUR-A OF SECTION 190.30
OF THIS CHAPTER.
S. 1505--A 168 A. 2005--A
§ 2. Subdivision 1 of section 50.10 of the criminal procedure law, is
amended to read as follows:
1. "Immunity." A person who has been a witness in a legal proceeding,
and [who cannot, except as otherwise provided in this subdivision, be
convicted of any offense or subjected to any penalty or forfeiture for
or on account of any transaction, matter or thing concerning which he
gave evidence therein, possesses "immunity" from any such conviction,
penalty or forfeiture], NEITHER THE EVIDENCE GIVEN BY SUCH WITNESS NOR
ANY EVIDENCE DERIVED DIRECTLY OR INDIRECTLY THEREFROM MAY BE USED
AGAINST THE WITNESS IN THE SAME OR ANY OTHER CRIMINAL PROCEEDING,
POSSESSES "IMMUNITY". A person who possesses such immunity may neverthe-
less be convicted of perjury as a result of having given false testimony
in such legal proceeding, and may be convicted of or adjudged in
contempt as a result of having contumaciously refused to give evidence
therein, AND THE EVIDENCE GIVEN BY THE PERSON AT THE PROCEEDING AT WHICH
THE PERSON POSSESSED IMMUNITY MAY BE USED AGAINST SUCH PERSON IN ANY
SUCH PROSECUTION FOR PERJURY OR JUDGEMENT FOR CONTEMPT.
§ 3. Section 60.22 of the criminal procedure law is amended by adding
a new subdivision 4 to read as follows:
4. FOR PURPOSES OF THIS SECTION, "CORROBORATIVE EVIDENCE" SHALL MEAN
EVIDENCE FROM ONE OR MORE OTHER ACCOMPLICES.
§ 4. Paragraph (b) of subdivision 1 of section 170.30 of the criminal
procedure law, is amended and a new subdivision 5 is added to read as
follows:
(b) [The defendant has received immunity from prosecution for the
offense charged, pursuant to sections 50.20 or 190.40;] ALLEGATIONS IN
THE INFORMATION, SIMPLIFIED INFORMATION, PROSECUTOR'S INFORMATION OR
MISDEMEANOR COMPLAINT ARE BASED ON EVIDENCE PROTECTED BY IMMUNITY AS
DEFINED IN SUBDIVISION ONE OF SECTION 50.10 OF THIS CHAPTER; or
5. WHERE THE DEFENDANT ESTABLISHES IN HIS OR HER MOTION THAT IMMUNITY
HAS BEEN CONFERRED ON HIM OR HER, THE PEOPLE MUST THEN ESTABLISH, BY A
PREPONDERANCE OF THE EVIDENCE, THAT SUCH EVIDENCE WAS NOT DERIVED,
DIRECTLY OR INDIRECTLY, FROM THE EVIDENCE AS TO WHICH SUCH IMMUNITY WAS
CONFERRED. A MOTION SEEKING RELIEF ON THIS GROUND SHALL NOT BE ENTER-
TAINED BEFORE A MOTION MADE PURSUANT TO SUBDIVISION EIGHT OF SECTION
710.20 OF THIS CHAPTER, SEEKING SUPPRESSION OF POTENTIAL EVIDENCE AS TO
THE USE OF WHICH THE DEFENDANT POSSESSES IMMUNITY, HAS BEEN RESOLVED.
UPON GRANT OF SUCH A MOTION, THE COURT SHALL DISMISS THE INSTRUMENT;
OTHERWISE, THE COURT MUST DENY THE MOTION TO DISMISS.
§ 5. Paragraph (g) of subdivision 3 of section 190.30 of the criminal
procedure law, as added by chapter 690 of the laws of 2005, is amended
and a new paragraph (h) is added to read as follows:
(g) that person's ownership of, or possessory right in, a credit card
account number or debit card account number, and the defendant's lack of
superior or equal right to use or possession thereof[.];
(H) THAT A PERSON'S OWNERSHIP OF, OR POSSESSORY RIGHT IN, PERSONAL
IDENTIFYING INFORMATION, AS DEFINED IN SUBDIVISION ONE OF SECTION 190.77
OF THE PENAL LAW, OR A PERSONAL IDENTIFICATION NUMBER, AS DEFINED IN
PARAGRAPH B OF SUBDIVISION TWO OF SECTION 190.77 OF THE PENAL LAW, AS
ANY NUMBER OR CODE WHICH MAY BE USED ALONE OR IN CONJUNCTION WITH ANY
OTHER INFORMATION TO ASSUME THE IDENTITY OF ANOTHER PERSON OR ACCESS
FINANCIAL RESOURCES OR CREDIT OF ANOTHER PERSON AND THE DEFENDANT'S LACK
OF SUPERIOR OR EQUAL RIGHT TO USE OR POSSESSION THEREOF.
§ 6. Section 190.30 of the criminal procedure law is amended by adding
a new subdivision 4-a to read as follows:
S. 1505--A 169 A. 2005--A
4-A. WHENEVER THE DISTRICT ATTORNEY HAS REASON TO BELIEVE THAT A
WITNESS, OTHER THAN A WITNESS WHO WAIVES IMMUNITY PURSUANT TO SECTION
190.40 OF THIS ARTICLE, INCLUDING A DEFENDANT TESTIFYING ON HIS OR HER
OWN BEHALF PURSUANT TO SUBDIVISION FIVE OF SECTION 190.50 OF THIS ARTI-
CLE, IS LOCATED EITHER OUT-OF-STATE OR MORE THAN ONE HUNDRED MILES FROM
THE GRAND JURY PROCEEDING, THE PERSON MAY PROVIDE LIVE TESTIMONY BY
CLOSED CIRCUIT VIDEO OR VIDEOCONFERENCING IN THE SAME MANNER AS IF THE
WITNESS HAD TESTIFIED IN PERSON. THE AUDIOVISUAL TECHNOLOGY USED PURSU-
ANT TO THIS SECTION SHALL SEEK TO ENSURE THAT THE COMMUNICATION BE
REASONABLY SECURE FROM INTERCEPTION OR EAVESDROPPING BY ANYONE OTHER
THAN THE PERSONS COMMUNICATING, AND MUST ENSURE THAT THE WITNESS MAY BE
CLEARLY HEARD, SEEN AND EXAMINED.
(A) THE TESTIMONY OF THE WITNESS SHALL BE:
(I) TAKEN BY A CERTIFIED VIDEOGRAPHER WHO IS IN THE PHYSICAL PRESENCE
OF THE WITNESS. THE CERTIFIED VIDEOGRAPHER SHALL SIGN A WRITTEN DECLARA-
TION WHICH STATES THAT THE WITNESS DOES NOT POSSESS ANY NOTES OR OTHER
MATERIALS TO ASSIST IN THE WITNESS'S TESTIMONY;
(II) RECORDED AND PRESERVED THROUGH THE USE OF AUDIOVISUAL RECORDING
TECHNOLOGY; AND
(III) TRANSCRIBED BY A CERTIFIED COURT REPORTER.
(B) BEFORE GIVING TESTIMONY, THE WITNESS SHALL BE SWORN AND SIGN A
WRITTEN DECLARATION, WHICH ACKNOWLEDGES THAT THE WITNESS IS ALONE IN THE
ROOM WHERE THE TESTIMONY IS BEING TAKEN, THAT, TO HIS OR HER KNOWLEDGE,
NO ONE OTHER THAN THE CERTIFIED VIDEOGRAPHER IS HEARING HIS OR HER
TESTIMONY, THAT THE WITNESS UNDERSTANDS THAT HE OR SHE IS SUBJECT TO THE
JURISDICTION OF THE COURTS OF THIS STATE AND MAY BE SUBJECT TO CRIMINAL
PROSECUTION FOR THE COMMISSION OF ANY CRIME IN CONNECTION WITH HIS OR
HER TESTIMONY, INCLUDING, WITHOUT LIMITATION, PERJURY AND CONTEMPT, AND
THAT THE WITNESS CONSENTS TO SUCH JURISDICTION.
(C) THE ORIGINAL RECORDED TESTIMONY OF THE WITNESS MUST BE DELIVERED
TO THE CERTIFIED COURT REPORTER.
§ 7. Paragraph (a) of subdivision 8 of section 190.30 of the criminal
procedure law, as added by chapter 279 of the laws of 2008, is amended
to read as follows:
(a) [A business record may be received in such grand jury proceedings
as evidence of the following facts and similar facts stated therein:
(i) a person's use of, subscription to and charges and payments for
communication equipment and services including but not limited to equip-
ment or services provided by telephone companies and internet service
providers, but not including recorded conversations or images communi-
cated thereby; and
(ii) financial transactions, and a person's ownership or possessory
interest in any account, at a bank, insurance company, brokerage,
exchange or banking organization as defined in section two of the bank-
ing law.] ALL BUSINESS RECORDS AS DEFINED IN SUBDIVISION (A) OF RULE
FORTY-FIVE HUNDRED EIGHTEEN OF THE CIVIL PRACTICE LAW AND RULES AND
SECTIONS THREE HUNDRED TWO AND THREE HUNDRED SIX OF THE STATE TECHNOLOGY
LAW MAY BE RECEIVED IN SUCH GRAND JURY PROCEEDINGS AS EVIDENCE OF THE
FACTS STATED THEREIN.
§ 8. Section 210.35 of the criminal procedure law is amended by adding
a new subdivision 4-a to read as follows:
4-A. EVIDENCE PROTECTED BY USE IMMUNITY WAS USED TO OBTAIN THE INDICT-
MENT. A MOTION SEEKING RELIEF ON THIS GROUND SHALL NOT BE ENTERTAINED
BEFORE A MOTION MADE PURSUANT TO SUBDIVISION EIGHT OF SECTION 710.20 OF
THIS CHAPTER, SEEKING SUPPRESSION OF POTENTIAL EVIDENCE AS TO THE USE OF
WHICH THE DEFENDANT POSSESSES IMMUNITY, HAS BEEN RESOLVED. UPON THE
S. 1505--A 170 A. 2005--A
GRANTING OF SUCH A MOTION, THE COURT SHALL DISMISS THE INDICTMENT;
OTHERWISE, THE COURT SHALL DENY THE MOTION TO DISMISS; OR
§ 9. The opening paragraph and subdivisions 6 and 7 of section 710.20
of the criminal procedure law, the opening paragraph as amended by chap-
ter 8 of the laws of 1976, subdivision 6 as amended by section 5 of part
VVV of chapter 59 of the laws of 2017, and subdivision 7 as added by
chapter 744 of the laws of 1988, are amended and a new subdivision 8 is
added to read as follows:
Upon motion of a defendant who (a) is aggrieved by unlawful or improp-
er acquisition of evidence and has reasonable cause to believe that such
may be offered against him OR HER in a criminal action, [or] (b) claims
that improper identification testimony may be offered against him OR HER
in a criminal action, OR (C) CLAIMS THAT EVIDENCE AS TO THE USE OF WHICH
HE OR SHE POSSESSES IMMUNITY, AS DEFINED IN SUBDIVISION ONE OF SECTION
50.10 OF THIS CHAPTER, MAY BE OFFERED AGAINST HIM OR HER IN A CRIMINAL
ACTION, a court may, under circumstances prescribed in this article,
order that such evidence be suppressed or excluded upon the ground that
it:
6. Consists of potential testimony regarding an observation of the
defendant either at the time or place of the commission of the offense
or upon some other occasion relevant to the case, which potential testi-
mony would not be admissible upon the prospective trial of such charge
owing to an improperly made previous identification of the defendant or
of a pictorial, photographic, electronic, filmed or video recorded
reproduction of the defendant by the prospective witness. A claim that
the previous identification of the defendant or of a pictorial, photo-
graphic, electronic, filmed or video recorded reproduction of the
defendant by a prospective witness did not comply with paragraph (c) of
subdivision one of section 60.25 of this chapter or with the protocol
promulgated in accordance with subdivision twenty-one of section eight
hundred thirty-seven of the executive law shall not constitute a legal
basis to suppress evidence pursuant to this subdivision. A claim that a
public servant failed to comply with paragraph (c) of subdivision one of
section 60.25 of this chapter or of subdivision twenty-one of section
eight hundred thirty-seven of the executive law shall neither expand nor
limit the rights an accused person may derive under the constitution of
this state or of the United States[.]; OR
7. Consists of information obtained by means of a pen register or trap
and trace device installed or used in violation of the provisions of
article seven hundred five of this chapter[.]; OR
8. CONSISTS OF POTENTIAL EVIDENCE AS TO THE USE OF WHICH THE DEFENDANT
POSSESSES IMMUNITY. WHERE THE DEFENDANT ESTABLISHES THAT IMMUNITY HAS
BEEN CONFERRED ON HIM OR HER, THE PEOPLE MUST THEN ESTABLISH, BY A
PREPONDERANCE OF THE EVIDENCE, THAT SUCH EVIDENCE WAS NOT DERIVED,
DIRECTLY OR INDIRECTLY, FROM THE EVIDENCE AS TO WHICH IMMUNITY WAS
CONFERRED.
§ 10. This act shall take effect on the ninetieth day after it shall
have become a law.
PART FF
Section 1. Subject to the provisions of this act, the town of Hast-
ings, in the county of Oswego, acting by and through its governing body
and upon such terms and conditions as determined by such body, is hereby
authorized to discontinue as parklands and to transfer ownership of the
lands described in section three of this act, to the New York Division
S. 1505--A 171 A. 2005--A
of State Police for the purpose of providing necessary land for the
construction of a Division of State Police station.
§ 2. The authorization contained in section one of this act shall take
effect only upon the condition that the town of Hastings shall dedicate
an amount equal to or greater than the fair market value of the park-
lands being discontinued towards the acquisition of new parklands and/or
capital improvements to existing park and recreational facilities.
§ 3. The parklands authorized by section one of this act to be alien-
ated are described as follows: All that tract or parcel of land situate
in the Town of Hastings, County of Oswego and State of New York, being
part of Lot No. 28 and being part of Lot No. 29 in Township No. 13 of
Scriba's Patent, and being part of the lands conveyed from F. Don Sweet
to the Town of Hastings by deed dated April 16, 1969 and recorded at the
Oswego County Clerk's Office on April 16, 1969 in Book of Deeds 712 at
Page 116 and being more particularly described as follows:
Beginning at the southwesterly corner of lands of the Town of Hastings
(712/116), being a point on the southerly bounds of Lot No. 28, also
being the centerline of Wilson Road per deed (712/116), said point being
easterly a distance of 645 feet, more or less, from the nominal center-
line intersection of Wilson Road and U.S. Route No. 11;
Thence running N. 28° 53' 09" E. along the easterly bounds of The Town
of Hastings (712/141) a distance of 435.60 feet to a point; thence S.
61° 57' 15" E. a distance of 300.00 feet to a point; thence S. 28° 53'
09" W. a distance of 435.60 feet to the southerly bounds of Lot No. 29;
thence N. 61° 57' 15" W. a distance of 300.00 feet to the point and
place of beginning containing 3.0 acres of land, more or less.
Subject to any and all easements and restrictions of record and the
highway rights of the public and the Town of Hastings in and to the
portion of Wilson Road lying within the bounds of the above described
parcel.
§ 4. If the parkland that is described in section three of this act
has received funding pursuant to the federal land and water conservation
fund, the discontinuance of parklands authorized by section one of this
act shall not occur until the town of Hastings has complied with the
federal requirements pertaining to the conversion of parklands, includ-
ing satisfying the secretary of the interior that the discontinuance
with all conditions which the secretary of the interior deems necessary
to assure the substitution of other lands shall be equivalent in fair
market value and recreational usefulness to the lands being discontin-
ued.
§ 5. This act shall take effect immediately.
PART GG
Section 1. Subdivisions 3 and 5 of section 97-g of the state finance
law, subdivision 3 as amended by section 62 of part HH of chapter 57 of
the laws of 2013 and subdivision 5 as amended by section 1 of subpart A
of part C of chapter 97 of the laws of 2011, are amended to read as
follows:
3. Moneys of the fund shall be available to the commissioner of gener-
al services for the purchase of food, supplies and equipment for state
agencies, and for the purpose of furnishing or providing centralized
services to or for state agencies; provided further that such moneys
shall be available to the commissioner of general services for purposes
pursuant to items (d) and (f) of subdivision four of this section to or
for political subdivisions, PUBLIC AUTHORITIES, AND PUBLIC BENEFIT
S. 1505--A 172 A. 2005--A
CORPORATIONS. Beginning the first day of April, two thousand two, moneys
in such fund shall also be transferred by the state comptroller to the
revenue bond tax fund account of the general debt service fund in
amounts equal to those required for payments to authorized issuers for
revenue bonds issued pursuant to article five-C and article five-F of
this chapter for the purpose of lease purchases and installment
purchases by or for state agencies and institutions for personal or real
property purposes.
5. The amount expended from such fund for the above-stated purposes
shall be charged against the agency [or], political [subdivisions]
SUBDIVISION, PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION above
receiving such food, supplies, equipment and services and all payments
received therefor shall be credited to such fund.
§ 2. Section 3 of chapter 410 of the laws of 2009, amending the state
finance law relating to authorizing the aggregate purchases of energy
for state agencies, institutions, local governments, public authorities
and public benefit corporations, as amended by section 1 of part G of
chapter 55 of the laws of 2014, is amended to read as follows:
§ 3. This act shall take effect immediately [and shall expire and be
deemed repealed July 31, 2019].
§ 3. Section 9 of subpart A of part C of chapter 97 of the laws of
2011, amending the state finance law and other laws relating to provid-
ing certain centralized service to political subdivisions and extending
the authority of the commissioner of general services to aggregate
purchases of energy for state agencies and political subdivisions, as
amended by section 2 of part G of chapter 55 of the laws of 2014, is
amended to read as follows:
§ 9. This act shall take effect immediately, provided, however that:
1. sections [one,] four, five, six and seven of this act shall expire
and be deemed repealed July 31, [2019] 2024;
2. the amendments to subdivision 4 of section 97-g of the state
finance law made by section two of this act shall survive the expiration
and reversion of such subdivision as provided in section 3 of chapter
410 of the laws of 2009, as amended;
3. sections four, five, six and seven of this act shall apply to any
contract let or awarded on or after such effective date.
§ 4. This act shall take effect immediately.
PART HH
Section 1. Subdivision 2 of section 9 of the public buildings law, as
amended by section 2 of part M of chapter 55 of the laws of 2015, is
amended to read as follows:
2. Notwithstanding any other provision of this law or any general or
special law, where there is a construction emergency, as defined by
subdivision one of this section, the commissioner of general services
may, upon written notice of such construction emergency from an author-
ized officer of the department or agency having jurisdiction of the
property, let emergency contracts for public work or the purchase of
supplies, materials or equipment without complying with formal compet-
itive bidding requirements, provided that all such contracts shall be
subject to the approval of the attorney general and the comptroller and
that no such contract shall exceed [six hundred thousand] TWO MILLION
dollars. Such emergency contracts shall be let only for work necessary
to remedy or ameliorate a construction emergency.
S. 1505--A 173 A. 2005--A
§ 2. Section 3 of chapter 674 of the laws of 1993, amending the public
buildings law relating to value limitations on contracts, as amended by
section 1 of part L of chapter 55 of the laws of 2017, is amended to
read as follows:
§ 3. This act shall take effect immediately [and shall remain in full
force and effect only until June 30, 2019].
§ 3. This act shall take effect immediately.
PART II
Section 1. This Part enacts into law major components of legislation
that remove unnecessary barriers to reentry of people with criminal
histories into society. This Part removes mandatory bars on licensing
and employment for people with criminal convictions in the categories
enumerated therein and replace them with individualized review processes
using the factors set out in article 23-A of the correction law. This
Part removes mandatory drivers license suspension for non-driving drug
offenses. This Part prohibits disclosure of mugshots and arrest informa-
tion by amending the freedom of information law. This Part also amends
provisions of law to enact into law major components of legislation to
prevent the use in a civil context, of past arrest information that did
not result in a conviction because no disposition has been reported, or
the case has been adjourned in contemplation of dismissal, or because
arrest and arraignment charges were not followed by a corresponding
conviction on those charges. This information would still be able to be
seen and used by law enforcement and in criminal proceedings. Finally,
this Part establishes compassionate parole for incarcerated individuals
over the age of 55 who have incapacitating medical conditions exacerbat-
ed by age. Each component is wholly contained with a Subpart identified
as Subparts A through P. Any provision in any section contained within a
Subpart, including the effective date of the Subpart, which makes refer-
ence to a section "of this act", when used in connection with that
particular component, shall be deemed to mean and refer to the corre-
sponding section of the Subpart in which it is found. Section three of
this Part sets forth the general effective date of this Part.
SUBPART A
Section 1. Subdivision 6 of section 369 of the banking law, as amended
by chapter 164 of the laws of 2003, paragraph (b) as amended by section
6 of part LL of chapter 56 of the laws of 2010, is amended to read as
follows:
6. The superintendent may, CONSISTENT WITH ARTICLE TWENTY-THREE-A OF
THE CORRECTION LAW, refuse to issue a license pursuant to this article
if he shall find that the applicant, or any person who is a director,
officer, partner, agent, employee or substantial stockholder of the
applicant, (a) has been convicted of a crime in any jurisdiction or (b)
is associating or consorting with any person who has, or persons who
have, been convicted of a crime or crimes in any jurisdiction or juris-
dictions[; provided, however, that the superintendent shall not issue
such a license if he shall find that the applicant, or any person who is
a director, officer, partner, agent, employee or substantial stockholder
of the applicant, has been convicted of a felony in any jurisdiction or
of a crime which, if committed within this state, would constitute a
felony under the laws thereof]. For the purposes of this article, a
person shall be deemed to have been convicted of a crime if such person
S. 1505--A 174 A. 2005--A
shall have pleaded guilty to a charge thereof before a court or magis-
trate, or shall have been found guilty thereof by the decision or judg-
ment of a court or magistrate or by the verdict of a jury, irrespective
of the pronouncement of sentence or the suspension thereof[, unless such
plea of guilty, or such decision, judgment or verdict, shall have been
set aside, reversed or otherwise abrogated by lawful judicial process or
unless the person convicted of the crime shall have received a pardon
therefor from the president of the United States or the governor or
other pardoning authority in the jurisdiction where the conviction was
had, or shall have received a certificate of relief from disabilities or
a certificate of good conduct pursuant to article twenty-three of the
correction law to remove the disability under this article because of
such conviction]. The term "substantial stockholder," as used in this
subdivision, shall be deemed to refer to a person owning or controlling
ten per centum or more of the total outstanding stock of the corporation
in which such person is a stockholder. In making a determination pursu-
ant to this subdivision, the superintendent shall require fingerprinting
of the applicant. Such fingerprints shall be submitted to the division
of criminal justice services for a state criminal history record check,
as defined in subdivision one of section three thousand thirty-five of
the education law, and may be submitted to the federal bureau of inves-
tigation for a national criminal history record check.
§ 2. This act shall take effect immediately.
SUBPART B
Section 1. Paragraph (f) of subdivision 7 of section 2590-b of the
education law, as added by chapter 345 of the laws of 2009, is amended
to read as follows:
(f) A person [who has been convicted of a felony, or has been removed
from a city-wide council established pursuant to this section or commu-
nity district education council for any of the following shall] MAY be
permanently ineligible for appointment to a city-wide council FOR ANY OF
THE FOLLOWING:
(i) an act of malfeasance directly related to his or her service on
such city-wide council or community district education council; or
(ii) conviction of a crime, if such crime is directly related to his
or her service upon such city-wide council or community district educa-
tion council, OR IF SERVICE UPON SUCH COUNCIL WOULD INVOLVE AN UNREASON-
ABLE RISK TO PROPERTY OR TO THE SAFETY OR WELFARE OF SPECIFIC INDIVID-
UALS OR THE GENERAL PUBLIC.
§ 2. Subdivision 5 of section 2590-c of the education law, as amended
by chapter 345 of the laws of 2009, is amended to read as follows:
5. No person may serve on more than one community council or on the
city-wide council on special education, the city-wide council on English
language learners, or the city-wide council on high schools and a commu-
nity council. A member of a community council shall be ineligible to be
employed by the community council of which he or she is a member, any
other community council, the city-wide council on special education, the
city-wide council on English language learners, the city-wide council on
high schools, or the city board. No person shall be eligible for member-
ship on a community council if he or she holds any elective public
office or any elective or appointed party position except that of dele-
gate or alternate delegate to a national, state, judicial or other party
convention, or member of a county committee.
S. 1505--A 175 A. 2005--A
A person [who has been convicted of a felony, or has been removed from
a community school board, community district education council, or the
city-wide council on special education, the city-wide council on English
language learners, or the city-wide council on high schools for any of
the following shall] MAY be permanently ineligible for appointment to
any community district education council FOR ANY OF THE FOLLOWING: (a)
an act of malfeasance directly related to his or her service on the
city-wide council on special education, the city-wide council on English
language learners, the city-wide council on high schools, community
school board or community district education council; or (b) conviction
of a crime, if such crime is directly related to his or her service upon
the city-wide council on special education, the city-wide council on
English language learners, the city-wide council on high schools, commu-
nity school board or community district education council, OR IF SERVICE
UPON SUCH COUNCIL WOULD INVOLVE AN UNREASONABLE RISK TO PROPERTY OR TO
THE SAFETY OR WELFARE OF SPECIFIC INDIVIDUALS OR THE GENERAL PUBLIC.
Any decision rendered by the chancellor or the city board with respect
to the eligibility or qualifications of the nominees for community
district education councils must be written and made available for
public inspection within seven days of its issuance at the office of the
chancellor and the city board. Such written decision shall include the
factual and legal basis for its issuance and a record of the vote of
each board member who participated in the decision, if applicable.
§ 3. This act shall take effect immediately, provided that the amend-
ments to subdivision 7 of section 2590-b of the education law made by
section one of this act shall not affect the repeal of such subdivision
and shall be deemed repealed therewith; provided, further, that the
amendments to subdivision 5 of section 2590-c of the education law made
by section two of this act shall not affect the repeal of such subdivi-
sion and shall be deemed to repeal therewith.
SUBPART C
Section 1. Clauses 1 and 5 of paragraph (c) of subdivision 2 of
section 435 of the executive law, clause 1 as amended by chapter 371 of
the laws of 1974 and clause 5 as amended by 437 of the laws of 1962, are
amended to read as follows:
(1) a person convicted of a crime [who has not received a pardon, a
certificate of good conduct or a certificate of relief from disabili-
ties] IF THERE IS A DIRECT RELATIONSHIP BETWEEN ONE OR MORE OF THE
PREVIOUS CRIMINAL OFFENSES AND THE INTEGRITY AND SAFETY OF BINGO,
CONSIDERING THE FACTORS SET FORTH IN ARTICLE TWENTY-THREE-A OF THE
CORRECTION LAW;
(5) a firm or corporation in which a person defined in [subdivision]
CLAUSE (1), (2), (3) or (4) [above] OF THIS PARAGRAPH, or a person
married or related in the first degree to such a person, has greater
than a ten [per centum] PERCENT proprietary, equitable or credit inter-
est or in which such a person is active or employed.
§ 2. This act shall take effect immediately.
SUBPART D
Section 1. Subdivision 1 of section 130 of the executive law, as
amended by section 1 of part LL of chapter 56 of the laws of 2010, para-
graph (g) as separately amended by chapter 232 of the laws 2010, is
amended to read as follows:
S. 1505--A 176 A. 2005--A
1. The secretary of state may appoint and commission as many notaries
public for the state of New York as in his or her judgment may be deemed
best, whose jurisdiction shall be co-extensive with the boundaries of
the state. The appointment of a notary public shall be for a term of
four years. An application for an appointment as notary public shall be
in form and set forth such matters as the secretary of state shall
prescribe. Every person appointed as notary public must, at the time of
his or her appointment, be a citizen of the United States and either a
resident of the state of New York or have an office or place of business
in New York state. A notary public who is a resident of the state and
who moves out of the state but still maintains a place of business or an
office in New York state does not vacate his or her office as a notary
public. A notary public who is a nonresident and who ceases to have an
office or place of business in this state, vacates his or her office as
a notary public. A notary public who is a resident of New York state and
moves out of the state and who does not retain an office or place of
business in this state shall vacate his or her office as a notary
public. A non-resident who accepts the office of notary public in this
state thereby appoints the secretary of state as the person upon whom
process can be served on his or her behalf. Before issuing to any appli-
cant a commission as notary public, unless he or she be an attorney and
counsellor at law duly admitted to practice in this state or a court
clerk of the unified court system who has been appointed to such posi-
tion after taking a civil service promotional examination in the court
clerk series of titles, the secretary of state shall satisfy himself or
herself that the applicant is of good moral character, has the equiv-
alent of a common school education and is familiar with the duties and
responsibilities of a notary public; provided, however, that where a
notary public applies, before the expiration of his or her term, for
reappointment with the county clerk or where a person whose term as
notary public shall have expired applies within six months thereafter
for reappointment as a notary public with the county clerk, such quali-
fying requirements may be waived by the secretary of state, and further,
where an application for reappointment is filed with the county clerk
after the expiration of the aforementioned renewal period by a person
who failed or was unable to re-apply by reason of his or her induction
or enlistment in the armed forces of the United States, such qualifying
requirements may also be waived by the secretary of state, provided such
application for reappointment is made within a period of one year after
the military discharge of the applicant under conditions other than
dishonorable. In any case, the appointment or reappointment of any
applicant is in the discretion of the secretary of state. The secretary
of state may suspend or remove from office, for misconduct, any notary
public appointed by him or her but no such removal shall be made unless
the person who is sought to be removed shall have been served with a
copy of the charges against him or her and have an opportunity of being
heard. No person shall be appointed as a notary public under this arti-
cle who has been convicted, in this state or any other state or territo-
ry, of a [felony or any of the following offenses, to wit:
(a) Illegally using, carrying or possessing a pistol or other danger-
ous weapon; (b) making or possessing burglar's instruments; (c) buying
or receiving or criminally possessing stolen property; (d) unlawful
entry of a building; (e) aiding escape from prison; (f) unlawfully
possessing or distributing habit forming narcotic drugs; (g) violating
sections two hundred seventy, two hundred seventy-a, two hundred seven-
ty-b, two hundred seventy-c, two hundred seventy-one, two hundred seven-
S. 1505--A 177 A. 2005--A
ty-five, two hundred seventy-six, five hundred fifty, five hundred
fifty-one, five hundred fifty-one-a and subdivisions six, ten or eleven
of section seven hundred twenty-two of the former penal law as in force
and effect immediately prior to September first, nineteen hundred
sixty-seven, or violating sections 165.25, 165.30 or subdivision one of
section 240.30 of the penal law, or violating sections four hundred
seventy-eight, four hundred seventy-nine, four hundred eighty, four
hundred eighty-one, four hundred eighty-four, four hundred eighty-nine
and four hundred ninety-one of the judiciary law; or (h) vagrancy or
prostitution, and who has not subsequent to such conviction received an
executive pardon therefor or a certificate of relief from disabilities
or a certificate of good conduct pursuant to article twenty-three of the
correction law to remove the disability under this section because of
such conviction] CRIME, UNLESS THE SECRETARY MAKES A FINDING IN CONFORM-
ANCE WITH ALL APPLICABLE STATUTORY REQUIREMENTS, INCLUDING THOSE
CONTAINED IN ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW, THAT SUCH
CONVICTIONS DO NOT CONSTITUTE A BAR TO EMPLOYMENT.
§ 2. This act shall take effect immediately.
SUBPART E
Section 1. Paragraphs 1 and 5 of subdivision (a) of section 189-a of
the general municipal law, as added by chapter 574 of the laws of 1978,
are amended to read as follows:
(1) a person convicted of a crime [who has not received a pardon, a
certificate of good conduct or a certificate of relief from disabili-
ties] IF THERE IS A DIRECT RELATIONSHIP BETWEEN ONE OR MORE OF THE
PREVIOUS CRIMINAL OFFENSES AND THE INTEGRITY OR SAFETY OF CHARITABLE
GAMING, CONSIDERING THE FACTORS SET FORTH IN ARTICLE TWENTY-THREE-A OF
THE CORRECTION LAW;
(5) a firm or corporation in which a person defined in [subdivision]
PARAGRAPH (1), (2), (3) or (4) [above] OF THIS SUBDIVISION has greater
than a ten [per centum] PERCENT proprietary, equitable or credit inter-
est or in which such a person is active or employed.
§ 2. Paragraph (a) of subdivision 1 of section 191 of the general
municipal law, as amended by section 15 of part LL of chapter 56 of the
laws of 2010, is amended to read as follows:
(a) Issuance of licenses to conduct games of chance. If such clerk or
department [shall determine] DETERMINES:
(I) that the applicant is duly qualified to be licensed to conduct
games of chance under this article;
(II) that the member or members of the applicant designated in the
application to manage games of chance are bona fide active members of
the applicant and are persons of good moral character and have never
been convicted of a crime[, or,] if [convicted, have received a pardon,
a certificate of good conduct or a certificate of relief from disabili-
ties pursuant to article twenty-three of the correction law] THERE IS A
DIRECT RELATIONSHIP BETWEEN ONE OR MORE OF THE PREVIOUS CRIMINAL
OFFENSES AND THE INTEGRITY OR SAFETY OF CHARITABLE GAMING, CONSIDERING
THE FACTORS SET FORTH IN ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW;
(III) that such games are to be conducted in accordance with the
provisions of this article and in accordance with the rules and regu-
lations of the [board] GAMING COMMISSION and applicable local laws or
ordinances and that the proceeds thereof are to be disposed of as
provided by this article[,]; and
S. 1505--A 178 A. 2005--A
[if such clerk or department is satisfied] (IV) that no commission,
salary, compensation, reward or recompense whatever will be paid or
given to any person managing, operating or assisting therein except as
in this article otherwise provided; [it] THEN SUCH CLERK OR DEPARTMENT
shall issue a license to the applicant for the conduct of games of
chance upon payment of a license fee of twenty-five dollars for each
license period.
§ 3. Subdivision 9 of section 476 of the general municipal law, as
amended by chapter 1057 of the laws of 1965, paragraph (a) as amended by
section 16 of part LL of chapter 56 of the laws of 2010, is amended to
read as follows:
9. "Authorized commercial lessor" shall mean a person, firm or corpo-
ration other than a licensee to conduct bingo under the provisions of
this article, who or which [shall own] OWNS or [be] IS a net lessee of
premises and offer the same for leasing by him, HER or it to an author-
ized organization for any consideration whatsoever, direct or indirect,
for the purpose of conducting bingo therein, provided that he, SHE or
it, as the case may be, shall not be
(a) a person convicted of a crime [who has not received a pardon or a
certificate of good conduct or a certificate of relief from disabilities
pursuant to] IF THERE IS A DIRECT RELATIONSHIP BETWEEN ONE OR MORE OF
THE PREVIOUS CRIMINAL OFFENSES AND THE INTEGRITY OR SAFETY OF BINGO,
CONSIDERING THE FACTORS SET FORTH IN article [twenty-three]
TWENTY-THREE-A of the correction law;
(b) a person who is or has been a professional gambler or gambling
promoter or who for other reasons is not of good moral character;
(c) a public officer who receives any consideration, direct or indi-
rect, as owner or lessor of premises offered for the purpose of conduct-
ing bingo therein;
(d) a firm or corporation in which a person defined in [subdivision]
PARAGRAPH (a), (b) or (c) [above] OF THIS SUBDIVISION or a person
married or related in the first degree to such a person has greater than
a ten [percentum (10%)] PERCENT proprietary, equitable or credit inter-
est or in which such a person is active or employed.
Nothing contained in this subdivision shall be construed to bar any
firm or corporation [which] THAT is not organized for pecuniary profit
and no part of the net earnings of which inure to the benefit of any
individual, member, or shareholder, from being an authorized commercial
lessor solely because a public officer, or a person married or related
in the first degree to a public officer, is a member of, active in or
employed by such firm or corporation.
§ 4. Paragraph (a) of subdivision 1 of section 481 of the general
municipal law, as amended by section 5 of part MM of chapter 59 of the
laws of 2017, is amended to read as follows:
(a) Issuance of licenses to conduct bingo. If the governing body of
the municipality determines:
(I) that the applicant is duly qualified to be licensed to conduct
bingo under this article;
(II) that the member or members of the applicant designated in the
application to conduct bingo are bona fide active members OR AUXILIARY
MEMBERS of the applicant and are persons of good moral character and
have never been convicted of a crime [or, if convicted, have received a
pardon or a certificate of good conduct or a certificate of relief from
disabilities pursuant to article twenty-three] IF THERE IS A DIRECT
RELATIONSHIP BETWEEN ONE OR MORE OF THE PREVIOUS CRIMINAL OFFENSES AND
S. 1505--A 179 A. 2005--A
THE INTEGRITY OR SAFETY OF BINGO, CONSIDERING THE FACTORS SET FORTH IN
ARTICLE TWENTY-THREE-A of the correction law;
(III) that such games of bingo are to be conducted in accordance with
the provisions of this article and in accordance with the rules and
regulations of the commission[, and];
(IV) that the proceeds thereof are to be disposed of as provided by
this article[, and if the governing body is satisfied];
(V) that no commission, salary, compensation, reward or recompense
[what so ever] WHATSOEVER will be paid or given to any person holding,
operating or conducting or assisting in the holding, operation and
conduct of any such games of bingo except as in this article otherwise
provided; and
(VI) that no prize will be offered and given in excess of the sum or
value of five thousand dollars in any single game OF BINGO and that the
aggregate of all prizes offered and given in all of such games OF BINGO
conducted on a single occasion[,] under said license shall not exceed
the sum or value of fifteen thousand dollars, then the municipality
shall issue a license to the applicant for the conduct of bingo upon
payment of a license fee of eighteen dollars and seventy-five cents for
each bingo occasion[; provided, however, that].
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS PARAGRAPH, the
governing body shall refuse to issue a license to an applicant seeking
to conduct bingo in premises of a licensed commercial lessor where such
governing body determines that the premises presently owned or occupied
by such applicant are in every respect adequate and suitable for
conducting bingo games.
§ 5. This act shall take effect immediately.
SUBPART F
Section 1. Paragraphs 3 and 4 of subsection (d) of section 2108 of the
insurance law are REPEALED, and paragraph 5 is renumbered paragraph 3.
§ 2. This act shall take effect immediately.
SUBPART G
Section 1. Section 440-a of the real property law, as amended by chap-
ter 81 of the laws of 1995, the first undesignated paragraph as amended
by section 23 of part LL of chapter 56 of the laws of 2010, is amended
to read as follows:
§ 440-a. License required for real estate brokers and salesmen. No
person, co-partnership, limited liability company or corporation shall
engage in or follow the business or occupation of, or hold himself or
itself out or act temporarily or otherwise as a real estate broker or
real estate salesman in this state without first procuring a license
therefor as provided in this article. No person shall be entitled to a
license as a real estate broker under this article, either as an indi-
vidual or as a member of a co-partnership, or as a member or manager of
a limited liability company or as an officer of a corporation, unless he
or she is twenty years of age or over, a citizen of the United States or
an alien lawfully admitted for permanent residence in the United States.
No person shall be entitled to a license as a real estate salesman under
this article unless he or she is over the age of eighteen years. No
person shall be entitled to a license as a real estate broker or real
estate salesman under this article who has been convicted in this state
or elsewhere of a [felony, of a sex offense, as defined in subdivision
S. 1505--A 180 A. 2005--A
two of section one hundred sixty-eight-a of the correction law or any
offense committed outside of this state which would constitute a sex
offense, or a sexually violent offense, as defined in subdivision three
of section one hundred sixty-eight-a of the correction law or any
offense committed outside this state which would constitute a sexually
violent offense, and who has not subsequent to such conviction received
executive pardon therefor or a certificate of relief from disabilities
or a certificate of good conduct pursuant to article twenty-three of the
correction law, to remove the disability under this section because of
such conviction] CRIME, UNLESS THE SECRETARY MAKES A FINDING IN CONFORM-
ANCE WITH ALL APPLICABLE STATUTORY REQUIREMENTS, INCLUDING THOSE
CONTAINED IN ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW, THAT SUCH
CONVICTIONS DO NOT CONSTITUTE A BAR TO LICENSURE. No person shall be
entitled to a license as a real estate broker or real estate salesman
under this article who does not meet the requirements of section 3-503
of the general obligations law.
Notwithstanding [the above] ANYTHING TO THE CONTRARY IN THIS SECTION,
tenant associations[,] and not-for-profit corporations authorized in
writing by the commissioner of the department of the city of New York
charged with enforcement of the housing maintenance code of such city to
manage residential property owned by such city or appointed by a court
of competent jurisdiction to manage residential property owned by such
city shall be exempt from the licensing provisions of this section with
respect to the properties so managed.
§ 2. This act shall take effect immediately.
SUBPART H
Section 1. Subdivision 5 of section 336-f of the social services law,
as added by section 148 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
5. The social services district shall require every private or not-
for-profit employer that intends to hire one or more work activity
participants to certify to the district [that] WHETHER such employer has
[not], in the past five years, been convicted of a felony or a misdemea-
nor the underlying basis of which involved workplace safety and health
or labor standards. Such employer shall also certify as to all
violations issued by the department of labor within the past five years.
The social services official in the district in which the participant is
placed shall determine whether there is a pattern of CONVICTIONS OR
violations sufficient to render the potential employer ineligible.
Employers who submit false information under this section shall be
subject to criminal prosecution for filing a false instrument.
§ 2. This act shall take effect immediately.
SUBPART I
Section 1. Subdivision 9 of section 394 of the vehicle and traffic
law, as separately renumbered by chapters 300 and 464 of the laws of
1960, is amended to read as follows:
9. Employees. [No licensee shall knowingly employ, in connection with
a driving school in any capacity whatsoever, any person who has been
convicted of a felony, or of any crime involving violence, dishonesty,
deceit, indecency, degeneracy or moral turpitude] A LICENSEE MAY NOT
EMPLOY, IN CONNECTION WITH A DRIVING SCHOOL IN ANY CAPACITY WHATSOEVER,
A PERSON WHO HAS BEEN CONVICTED OF A CRIME, IF, AFTER CONSIDERING THE
S. 1505--A 181 A. 2005--A
FACTORS SET FORTH IN ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW, THE
LICENSEE DETERMINES THAT THERE IS A DIRECT RELATIONSHIP BETWEEN THE
CONVICTION AND EMPLOYMENT IN THE DRIVING SCHOOL, OR THAT EMPLOYMENT
WOULD CONSTITUTE AN UNREASONABLE RISK TO PROPERTY OR TO THE SAFETY OF
STUDENTS, CUSTOMERS, OR EMPLOYEES OF THE DRIVING SCHOOL, OR TO THE
GENERAL PUBLIC.
§ 2. This act shall take effect immediately.
SUBPART J
Section 1. Legislative findings. This Subpart will remove an overbroad
mandatory suspension of drivers' licenses for six months for people
convicted of state and federal drug crimes, that is unnecessary to
protect the safety of New York roads, as the vehicle and traffic law has
other provisions to suspend licenses when drug use has impaired safe
driving. The mandatory suspension, and the fees associated with lifting
it, interferes with the ability of people convicted of drug crimes to
work, attend treatment and otherwise live productive lives, all of which
are necessary for their rehabilitation. At any given time, about 8,000
New Yorkers have their licenses suspended because of non-driving related
drug convictions. This mandatory suspension was instituted in response
to federal law requiring states to either suspend the licenses of people
convicted of drug offenses, or pass a resolution expressing opposition
to the bill, or lose eight percent of federal highway funding. Concur-
rent with this bill, Resolution ___ is being presented to the legisla-
ture for their action; the Resolution contains the required statement of
opposition to mandatory suspension of driver's licenses for people
convicted of drug crimes in order for New York's federal funding for
highways to be maintained. By passing the Resolution and removing the
mandatory suspension, New York will join 40 other states who have taken
this action.
§ 2. Subparagraphs (v), (vi) and (vii) of paragraph b of subdivision 2
of section 510 of the vehicle and traffic law are REPEALED.
§ 3. This act shall take effect immediately.
SUBPART K
Section 1. Legislative findings. The legislature finds that law
enforcement booking information and photographs, otherwise known as
"mugshots," are published on the internet and other public platforms
with impunity. An individual's mugshot is displayed publicly even if the
arrest does not lead to a conviction, or the conviction is later
expunged, sealed, or pardoned. This practice presents an unacceptable
invasion of the individual's personal privacy. While there is a well-es-
tablished Constitutional right for the press and the public to publish
government records which are in the public domain or that have been
lawfully accessed, arrest and booking information have not been found by
courts to have the same public right of access as criminal court
proceedings or court filings. Therefore, each state can set access to
this information through its Freedom of Information laws. The federal
government has already limited access to booking photographs through
privacy formulations in its Freedom of Information Act, and the legisla-
ture hereby declares that New York will follow the same principle to
protect its residents from this unwarranted invasion of personal priva-
cy, absent a specific law enforcement purpose, such as disclosure of a
S. 1505--A 182 A. 2005--A
photograph to alert victims or witnesses to come forward to aid in a
criminal investigation.
§ 2. Paragraph (b) of subdivision 2 of section 89 of the public offi-
cers law, as amended by section 11 of part U of chapter 61 of the laws
of 2011, is amended to read as follows:
(b) An unwarranted invasion of personal privacy includes, but shall
not be limited to:
i. disclosure of employment, medical or credit histories or personal
references of applicants for employment;
ii. disclosure of items involving the medical or personal records of a
client or patient in a medical facility;
iii. sale or release of lists of names and addresses if such lists
would be used for solicitation or fund-raising purposes;
iv. disclosure of information of a personal nature when disclosure
would result in economic or personal hardship to the subject party and
such information is not relevant to the work of the agency requesting or
maintaining it;
v. disclosure of information of a personal nature reported in confi-
dence to an agency and not relevant to the ordinary work of such agency;
vi. information of a personal nature contained in a workers' compen-
sation record, except as provided by section one hundred ten-a of the
workers' compensation law; [or]
vii. disclosure of electronic contact information, such as an e-mail
address or a social network username, that has been collected from a
taxpayer under section one hundred four of the real property tax law; OR
VIII. DISCLOSURE OF LAW ENFORCEMENT BOOKING INFORMATION ABOUT AN INDI-
VIDUAL, INCLUDING BOOKING PHOTOGRAPHS, UNLESS PUBLIC RELEASE OF SUCH
INFORMATION WILL SERVE A SPECIFIC LAW ENFORCEMENT PURPOSE AND DISCLOSURE
IS NOT PRECLUDED BY ANY STATE OR FEDERAL LAWS.
§ 3. This act shall take effect immediately.
SUBPART L
Section 1. The executive law is amended by adding a new section 845-c
to read as follows:
§ 845-C. CRIMINAL HISTORY RECORD SEARCHES; UNDISPOSED CASES. 1. WHEN,
PURSUANT TO STATUTE OR THE REGULATIONS OF THE DIVISION, THE DIVISION
CONDUCTS A SEARCH OF ITS CRIMINAL HISTORY RECORDS AND RETURNS A REPORT
THEREON, ALL REFERENCES TO UNDISPOSED CASES CONTAINED IN SUCH CRIMINAL
HISTORY RECORD SHALL BE EXCLUDED FROM SUCH REPORT.
2. FOR PURPOSES OF THIS SECTION, "UNDISPOSED CASE" SHALL MEAN A CRIMI-
NAL ACTION OR PROCEEDING IDENTIFIED IN THE DIVISION'S CRIMINAL HISTORY
RECORD REPOSITORY, FOR WHICH THERE IS NO RECORD OF AN UNEXECUTED WARRANT
OF ARREST, SUPERIOR COURT WARRANT OF ARREST, OR BENCH WARRANT, AND FOR
WHICH THERE IS NO RECORD OF CONVICTION OR IMPOSITION OF SENTENCE OR
OTHER FINAL DISPOSITION, OTHER THAN THE ISSUANCE OF AN APPARENTLY UNEXE-
CUTED WARRANT, HAS BEEN RECORDED AND WITH RESPECT TO WHICH NO ENTRY HAS
BEEN MADE IN THE DIVISION'S CRIMINAL HISTORY RECORDS FOR A PERIOD OF AT
LEAST FIVE YEARS PRECEDING THE ISSUANCE OF SUCH REPORT. WHEN A CRIMINAL
ACTION IN THE DIVISION'S CRIMINAL HISTORY RECORD REPOSITORY BECOMES AN
UNDISPOSED CASE PURSUANT TO THIS SECTION, THE DIVISION SHALL NOTIFY THE
DISTRICT ATTORNEY IN THE COUNTY WHICH HAS JURISDICTION. IF THE DISTRICT
ATTORNEY NOTIFIES THE DIVISION THAT SUCH CASE IS PENDING AND SHOULD NOT
MEET THE DEFINITION OF AN UNDISPOSED CASE, THE CASE SHALL NOT BE
EXCLUDED FROM SUCH REPORT.
S. 1505--A 183 A. 2005--A
3. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
TO CRIMINAL HISTORY RECORD INFORMATION: (A) PROVIDED BY THE DIVISION TO
QUALIFIED AGENCIES PURSUANT TO SUBDIVISION SIX OF SECTION EIGHT HUNDRED
THIRTY-SEVEN OF THIS ARTICLE, OR TO FEDERAL OR STATE LAW ENFORCEMENT
AGENCIES, FOR CRIMINAL JUSTICE PURPOSES; (B) PREPARED SOLELY FOR A BONA
FIDE RESEARCH PURPOSE; OR (C) PREPARED FOR THE INTERNAL RECORD KEEPING
OR CASE MANAGEMENT PURPOSES OF THE DIVISION.
§ 2. Subdivision 2 of section 212 of the judiciary law is amended by
adding a new paragraph (x) to read as follows:
(X) TAKE SUCH ACTIONS AND ADOPT SUCH MEASURES AS MAY BE NECESSARY TO
ENSURE THAT NO WRITTEN OR ELECTRONIC REPORT OF A CRIMINAL HISTORY RECORD
SEARCH CONDUCTED BY THE OFFICE OF COURT ADMINISTRATION, OTHER THAN A
SEARCH CONDUCTED SOLELY FOR THE INTERNAL RECORDKEEPING OR CASE MANAGE-
MENT PURPOSES OF THE JUDICIARY OR FOR A BONA FIDE RESEARCH PURPOSE,
CONTAINS INFORMATION RELATING TO AN UNDISPOSED CASE. FOR PURPOSES OF
THIS PARAGRAPH, "UNDISPOSED CASE" SHALL MEAN A CRIMINAL ACTION OR
PROCEEDING, OR AN ARREST INCIDENT, APPEARING IN THE CRIMINAL HISTORY
RECORDS OF THE OFFICE OF COURT ADMINISTRATION FOR WHICH NO CONVICTION,
IMPOSITION OF SENTENCE, ORDER OF REMOVAL OR OTHER FINAL DISPOSITION,
OTHER THAN THE ISSUANCE OF AN APPARENTLY UNEXECUTED WARRANT, HAS BEEN
RECORDED AND WITH RESPECT TO WHICH NO ENTRY HAS BEEN MADE IN SUCH
RECORDS FOR A PERIOD OF AT LEAST FIVE YEARS PRECEDING THE ISSUANCE OF
SUCH REPORT. NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE DEEMED TO
PERMIT OR REQUIRE THE RELEASE, DISCLOSURE OR OTHER DISSEMINATION BY THE
OFFICE OF COURT ADMINISTRATION OF CRIMINAL HISTORY RECORD INFORMATION
THAT HAS BEEN SEALED IN ACCORDANCE WITH LAW.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to searches of criminal
history records conducted on or after such date. Prior to such effective
date, the division of criminal justice services, in consultation with
the state administrator of the unified court system as well as any other
public or private agency, shall undertake such measures as may be neces-
sary and appropriate to update its criminal history records with respect
to criminal cases and arrest incidents for which no final disposition
has been reported.
SUBPART M
Section 1. The commissioner of the division of criminal justice
services is authorized to direct that records of any action or proceed-
ing terminated in favor of the accused, as defined by section 160.50 of
the criminal procedure law, on or after September 1, 1976 and before
November 1, 1991 maintained by the division of criminal justice services
be sealed in the manner provided for by section 160.50 of the criminal
procedure law. The commissioner of the division of criminal justice
services is further authorized to direct that records of any action or
proceeding terminated by a conviction for a traffic infraction or a
violation, other than a violation of loitering as described in paragraph
(d) or (e) of subdivision 1 of section 160.50 of the criminal procedure
law or the violation of operating a motor vehicle while ability impaired
as described in subdivision one of section 1192 of the vehicle and traf-
fic law on or after September 1, 1980 and before November 1, 1991 main-
tained by the division of criminal justice services be sealed in the
manner provided for by section 160.55 of the criminal procedure law.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
S. 1505--A 184 A. 2005--A
SUBPART N
Section 1. The executive law is amended by adding a new section 845-d
to read as follows:
§ 845-D. CRIMINAL RECORD SEARCHES; ARREST CHARGES WITHOUT CORRESPOND-
ING CONVICTIONS OR VIOLATIONS. 1. WHEN, PURSUANT TO STATUTE OR THE REGU-
LATIONS OF THE DIVISION, THE DIVISION CONDUCTS A SEARCH OF ITS CRIMINAL
HISTORY RECORDS AND RETURNS A REPORT THEREON, IN ARREST CYCLES THAT
RESULT IN AT LEAST ONE CONVICTION OR VIOLATION, ALL ARREST AND ARRAIGN-
MENT CHARGES IN THAT CYCLE THAT DO NOT RESULT IN A CORRESPONDING
CONVICTION SHALL BE EXCLUDED FROM SUCH REPORT.
2. FOR PURPOSES OF THIS SECTION, "CORRESPONDING CONVICTION" SHALL MEAN
A CONVICTION OR VIOLATION CHARGE THAT MATCHES ONE OR MORE OF THE ARREST
OR ARRAIGNMENT CHARGES.
3. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
TO CRIMINAL HISTORY RECORDS: (A) PROVIDED BY THE DIVISION TO QUALIFIED
AGENCIES PURSUANT TO SUBDIVISION SIX OF SECTION EIGHT HUNDRED THIRTY-
SEVEN OF THIS ARTICLE, OR TO FEDERAL OR STATE LAW ENFORCEMENT AGENCIES,
FOR CRIMINAL JUSTICE PURPOSES; (B) PREPARED SOLELY FOR A BONA FIDE
RESEARCH PURPOSE; OR (C) PREPARED FOR THE INTERNAL RECORD KEEPING OR
CASE MANAGEMENT PURPOSES OF THE DIVISION.
§ 2. Subdivision 2 of section 212 of the judiciary law is amended by
adding a new paragraph (y) to read as follows:
(Y) TAKE SUCH ACTIONS AND ADOPT SUCH MEASURES AS MAY BE NECESSARY TO
ENSURE THAT NO WRITTEN OR ELECTRONIC REPORT OF A CRIMINAL HISTORY RECORD
SEARCH CONDUCTED BY THE OFFICE OF COURT ADMINISTRATION THAT CONTAINS AN
ARREST CYCLE AND A CRIMINAL CONVICTION OR VIOLATION RESULTING FROM THAT
ARREST, OTHER THAN A SEARCH CONDUCTED FOR THE INTERNAL RECORDKEEPING OR
CASE MANAGEMENT PURPOSES OF THE JUDICIARY, OR PRODUCED TO THE COURT, THE
PEOPLE, AND DEFENSE COUNSEL IN A CRIMINAL PROCEEDING, OR FOR A BONA FIDE
RESEARCH PURPOSE, CONTAINS INFORMATION RELATING TO ARREST AND ARRAIGN-
MENT CHARGES THAT DO NOT RESULT IN A CORRESPONDING CONVICTION. FOR
PURPOSES OF THIS SECTION, "CORRESPONDING CONVICTION" SHALL MEAN A
CONVICTION OR VIOLATION CHARGE THAT MATCHES ONE OR MORE OF THE ARREST OR
ARRAIGNMENT CHARGES.
§ 3. This act shall take effect immediately.
SUBPART O
Section 1. This Subpart amends the human rights law to specify that
considering arrests that are followed by an order adjourning the crimi-
nal action in contemplation of dismissal, which adjournments are not
convictions or admissions of guilt under section 170.55 of the criminal
procedure law, is an unlawful discriminatory practice for civil
purposes. This Subpart amends the human rights law to clarify as well
that adjourning the criminal action in contemplation of dismissal is not
a pending arrest for purposes of this Subpart, unless the case has been
restored to the calendar. This Subpart also amends the same section of
the law to add housing and volunteer positions to employment and licens-
ing to the civil purposes for which past arrest information that did not
result in a conviction or violation can be used.
§ 2. Subdivision 16 of section 296 of the executive law, as amended by
section 48-a of part WWW of chapter 59 of the laws of 2017, is amended
to read as follows:
16. It shall be an unlawful discriminatory practice, unless specif-
ically required or permitted by statute, for any person, agency, bureau,
S. 1505--A 185 A. 2005--A
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
cation or otherwise, or to act upon adversely to the individual
involved, any arrest or criminal accusation of such individual not then
pending against that individual which was followed by a termination of
that criminal action or proceeding in favor of such individual, as
defined in subdivision two of section 160.50 of the criminal procedure
law, OR BY AN ORDER ADJOURNING THE CRIMINAL ACTION IN CONTEMPLATION OF
DISMISSAL, PURSUANT TO SECTION 170.55, 170.56, 210.46, 210.47, OR 215.10
OF THE CRIMINAL PROCEDURE LAW, or by a youthful offender adjudication,
as defined in subdivision one of section 720.35 of the criminal proce-
dure law, or by a conviction for a violation sealed pursuant to section
160.55 of the criminal procedure law or by a conviction which is sealed
pursuant to section 160.59 or 160.58 of the criminal procedure law, in
connection with the licensing, HOUSING, employment, INCLUDING VOLUNTEER
POSITIONS, or providing of credit or insurance to such individual;
provided, further, that no person shall be required to divulge informa-
tion pertaining to any arrest or criminal accusation of such individual
not then pending against that individual which was followed by a termi-
nation of that criminal action or proceeding in favor of such individ-
ual, as defined in subdivision two of section 160.50 of the criminal
procedure law, OR BY AN ORDER ADJOURNING THE CRIMINAL ACTION IN CONTEM-
PLATION OF DISMISSAL, PURSUANT TO SECTION 170.55 OR 170.56 OF THE CRIMI-
NAL PROCEDURE LAW, or by a youthful offender adjudication, as defined in
subdivision one of section 720.35 of the criminal procedure law, or by a
conviction for a violation sealed pursuant to section 160.55 of the
criminal procedure law, or by a conviction which is sealed pursuant to
section 160.58 or 160.59 of the criminal procedure law. The provisions
of this subdivision shall not apply to the licensing activities of
governmental bodies in relation to the regulation of guns, firearms and
other deadly weapons or in relation to an application for employment as
a police officer or peace officer as those terms are defined in subdivi-
sions thirty-three and thirty-four of section 1.20 of the criminal
procedure law; provided further that the provisions of this subdivision
shall not apply to an application for employment or membership in any
law enforcement agency with respect to any arrest or criminal accusation
which was followed by a youthful offender adjudication, as defined in
subdivision one of section 720.35 of the criminal procedure law, or by a
conviction for a violation sealed pursuant to section 160.55 of the
criminal procedure law, or by a conviction which is sealed pursuant to
section 160.58 or 160.59 of the criminal procedure law. FOR PURPOSES OF
THIS SUBDIVISION, AN ACTION WHICH HAS BEEN ADJOURNED IN CONTEMPLATION OF
DISMISSAL, PURSUANT TO SECTION 170.55 OR 170.56 OF THE CRIMINAL PROCE-
DURE LAW, SHALL NOT BE CONSIDERED A PENDING ACTION, UNLESS THE CASE HAS
BEEN RESTORED TO THE CALENDAR.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.
SUBPART P
Section 1. The executive law is amended by adding a new section 259-t
to read as follows:
§ 259-T. RELEASE ON COMPASSIONATE PAROLE FOR INMATES WHO ARE AFFECTED
BY AN AGE-RELATED DEBILITY. 1. (A) THE BOARD SHALL HAVE THE POWER TO
RELEASE ON COMPASSIONATE PAROLE ANY INMATE WHO IS AT LEAST FIFTY-FIVE
YEARS OF AGE, SERVING AN INDETERMINATE OR DETERMINATE SENTENCE OF IMPRI-
S. 1505--A 186 A. 2005--A
SONMENT WHO, PURSUANT TO SUBDIVISION TWO OF THIS SECTION, HAS BEEN
CERTIFIED TO BE SUFFERING FROM A CHRONIC OR SERIOUS CONDITION, DISEASE,
SYNDROME, OR INFIRMITY, EXACERBATED BY AGE, THAT HAS RENDERED THE INMATE
SO PHYSICALLY OR COGNITIVELY DEBILITATED OR INCAPACITATED THAT THE ABIL-
ITY TO PROVIDE SELF-CARE WITHIN THE ENVIRONMENT OF A CORRECTIONAL FACIL-
ITY IS SUBSTANTIALLY DIMINISHED, PROVIDED, HOWEVER, THAT NO INMATE SERV-
ING A SENTENCE IMPOSED UPON A CONVICTION FOR MURDER IN THE FIRST DEGREE,
AGGRAVATED MURDER OR AN ATTEMPT OR CONSPIRACY TO COMMIT MURDER IN THE
FIRST DEGREE OR AGGRAVATED MURDER OR A SENTENCE OF LIFE WITHOUT PAROLE
SHALL BE ELIGIBLE FOR SUCH RELEASE, AND PROVIDED FURTHER THAT NO INMATE
SHALL BE ELIGIBLE FOR SUCH RELEASE UNLESS IN THE CASE OF AN INDETERMI-
NATE SENTENCE HE OR SHE HAS SERVED AT LEAST ONE-HALF OF THE MINIMUM
PERIOD OF THE SENTENCE AND IN THE CASE OF A DETERMINATE SENTENCE HE OR
SHE HAS SERVED AT LEAST ONE-HALF OF THE TERM OF HIS OR HER DETERMINATE
SENTENCE. SOLELY FOR THE PURPOSE OF DETERMINING COMPASSIONATE PAROLE
ELIGIBILITY PURSUANT TO THIS SECTION, SUCH ONE-HALF OF THE MINIMUM PERI-
OD OF THE INDETERMINATE SENTENCE AND ONE-HALF OF THE TERM OF THE DETER-
MINATE SENTENCE SHALL NOT BE CREDITED WITH ANY TIME SERVED UNDER THE
JURISDICTION OF THE DEPARTMENT PRIOR TO THE COMMENCEMENT OF SUCH
SENTENCE PURSUANT TO THE OPENING PARAGRAPH OF SUBDIVISION ONE OF SECTION
70.30 OF THE PENAL LAW OR SUBDIVISION TWO-A OF SECTION 70.30 OF THE
PENAL LAW, EXCEPT TO THE EXTENT AUTHORIZED BY SUBDIVISION THREE OF
SECTION 70.30 OF THE PENAL LAW.
(B) SUCH RELEASE SHALL BE GRANTED ONLY AFTER THE BOARD CONSIDERS
WHETHER, IN LIGHT OF THE INMATE'S CONDITION, THERE IS A REASONABLE PROB-
ABILITY THAT THE INMATE, IF RELEASED, WILL LIVE AND REMAIN AT LIBERTY
WITHOUT VIOLATING THE LAW, AND THAT SUCH RELEASE IS NOT INCOMPATIBLE
WITH THE WELFARE OF SOCIETY AND WILL NOT SO DEPRECATE THE SERIOUSNESS OF
THE CRIME AS TO UNDERMINE RESPECT FOR THE LAW, AND SHALL BE SUBJECT TO
THE LIMITS AND CONDITIONS SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION.
IN MAKING THIS DETERMINATION, THE BOARD SHALL CONSIDER: (I) THE FACTORS
DESCRIBED IN SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS
ARTICLE; (II) THE NATURE OF THE INMATE'S CONDITIONS, DISEASES, SYNDROMES
OR INFIRMITIES AND THE LEVEL OF CARE; (III) THE AMOUNT OF TIME THE
INMATE MUST SERVE BEFORE BECOMING ELIGIBLE FOR RELEASE PURSUANT TO
SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTICLE; (IV) THE CURRENT AGE
OF THE INMATE AND HIS OR HER AGE AT THE TIME OF THE CRIME; AND (V) ANY
OTHER RELEVANT FACTOR.
(C) THE BOARD SHALL AFFORD NOTICE TO THE SENTENCING COURT, THE
DISTRICT ATTORNEY, THE ATTORNEY FOR THE INMATE AND, WHERE NECESSARY
PURSUANT TO SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS
ARTICLE, THE CRIME VICTIM, THAT THE INMATE IS BEING CONSIDERED FOR
RELEASE PURSUANT TO THIS SECTION AND THE PARTIES RECEIVING NOTICE SHALL
HAVE THIRTY DAYS TO COMMENT ON THE RELEASE OF THE INMATE. RELEASE ON
COMPASSIONATE PAROLE SHALL NOT BE GRANTED UNTIL THE EXPIRATION OF THE
COMMENT PERIOD PROVIDED FOR IN THIS PARAGRAPH.
2. (A) THE COMMISSIONER, ON THE COMMISSIONER'S OWN INITIATIVE OR AT
THE REQUEST OF AN INMATE, OR AN INMATE'S SPOUSE, RELATIVE OR ATTORNEY,
MAY, IN THE EXERCISE OF THE COMMISSIONER'S DISCRETION, DIRECT THAT AN
INVESTIGATION BE UNDERTAKEN TO DETERMINE WHETHER AN ASSESSMENT SHOULD BE
MADE OF AN INMATE WHO APPEARS TO BE SUFFERING FROM CHRONIC OR SERIOUS
CONDITIONS, DISEASES, SYNDROMES OR INFIRMITIES, EXACERBATED BY ADVANCED
AGE THAT HAS RENDERED THE INMATE SO PHYSICALLY OR COGNITIVELY DEBILI-
TATED OR INCAPACITATED THAT THE ABILITY TO PROVIDE SELF-CARE WITHIN THE
ENVIRONMENT OF A CORRECTIONAL FACILITY IS SUBSTANTIALLY DIMINISHED. ANY
SUCH MEDICAL ASSESSMENT SHALL BE MADE BY A PHYSICIAN LICENSED TO PRAC-
S. 1505--A 187 A. 2005--A
TICE MEDICINE IN THIS STATE PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWEN-
TY-FOUR OF THE EDUCATION LAW. SUCH PHYSICIAN SHALL EITHER BE EMPLOYED BY
THE DEPARTMENT, SHALL RENDER PROFESSIONAL SERVICES AT THE REQUEST OF THE
DEPARTMENT, OR SHALL BE EMPLOYED BY A HOSPITAL OR MEDICAL FACILITY USED
BY THE DEPARTMENT FOR THE MEDICAL TREATMENT OF INMATES. THE ASSESSMENT
SHALL BE REPORTED TO THE COMMISSIONER BY WAY OF THE DEPUTY COMMISSIONER
FOR HEALTH SERVICES OR THE CHIEF MEDICAL OFFICER OF THE FACILITY AND
SHALL INCLUDE BUT SHALL NOT BE LIMITED TO A DESCRIPTION OF THE CONDI-
TIONS, DISEASES OR SYNDROMES SUFFERED BY THE INMATE, A PROGNOSIS
CONCERNING THE LIKELIHOOD THAT THE INMATE WILL NOT RECOVER FROM SUCH
CONDITIONS, DISEASES OR SYNDROMES, A DESCRIPTION OF THE INMATE'S PHYS-
ICAL OR COGNITIVE INCAPACITY WHICH SHALL INCLUDE A PREDICTION RESPECTING
THE LIKELY DURATION OF THE INCAPACITY, AND A STATEMENT BY THE PHYSICIAN
OF WHETHER THE INMATE IS SO DEBILITATED OR INCAPACITATED AS TO BE
SEVERELY RESTRICTED IN HIS OR HER ABILITY TO SELF-AMBULATE OR TO PERFORM
SIGNIFICANT ACTIVITIES OF DAILY LIVING. THIS ASSESSMENT ALSO SHALL
INCLUDE A RECOMMENDATION OF THE TYPE AND LEVEL OF SERVICES AND LEVEL OF
CARE THE INMATE WOULD REQUIRE IF GRANTED COMPASSIONATE PAROLE AND A
RECOMMENDATION FOR THE TYPES OF SETTINGS IN WHICH THE SERVICES AND
TREATMENT SHOULD BE GIVEN.
(B) THE COMMISSIONER, OR THE COMMISSIONER'S DESIGNEE, SHALL REVIEW THE
ASSESSMENT AND MAY CERTIFY THAT THE INMATE IS SUFFERING FROM A CHRONIC
OR SERIOUS CONDITION, DISEASE, SYNDROME OR INFIRMITY, EXACERBATED BY
AGE, THAT HAS RENDERED THE INMATE SO PHYSICALLY OR COGNITIVELY DEBILI-
TATED OR INCAPACITATED THAT THE ABILITY TO PROVIDE SELF-CARE WITHIN THE
ENVIRONMENT OF A CORRECTIONAL FACILITY IS SUBSTANTIALLY DIMINISHED. IF
THE COMMISSIONER DOES NOT SO CERTIFY THEN THE INMATE SHALL NOT BE
REFERRED TO THE BOARD FOR CONSIDERATION FOR RELEASE ON COMPASSIONATE
PAROLE. IF THE COMMISSIONER DOES SO CERTIFY, THEN THE COMMISSIONER
SHALL, WITHIN SEVEN WORKING DAYS OF RECEIPT OF SUCH ASSESSMENT, REFER
THE INMATE TO THE BOARD FOR CONSIDERATION FOR RELEASE ON COMPASSIONATE
PAROLE. HOWEVER, AN INMATE WILL NOT BE REFERRED TO THE BOARD OF PAROLE
WITH DISEASES, CONDITIONS, SYNDROMES OR INFIRMITIES THAT PRE-EXISTED
INCARCERATION UNLESS CERTIFIED BY A PHYSICIAN THAT SUCH DISEASES, CONDI-
TIONS, SYNDROMES OR INFIRMITIES, HAVE PROGRESSED TO RENDER THE INMATE SO
PHYSICALLY OR COGNITIVELY DEBILITATED OR INCAPACITATED THAT THE ABILITY
TO PROVIDE SELF-CARE WITHIN THE ENVIRONMENT OF A CORRECTIONAL FACILITY
IS SUBSTANTIALLY DIMINISHED.
3. ANY CERTIFICATION BY THE COMMISSIONER OR THE COMMISSIONER'S DESIG-
NEE PURSUANT TO THIS SECTION SHALL BE DEEMED A JUDICIAL FUNCTION AND
SHALL NOT BE REVIEWABLE IF DONE IN ACCORDANCE WITH LAW.
4. (A) ONCE AN INMATE IS RELEASED ON COMPASSIONATE PAROLE, THAT
RELEASEE WILL THEN BE SUPERVISED BY THE DEPARTMENT PURSUANT TO PARAGRAPH
(B) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTI-
CLE.
(B) THE BOARD MAY REQUIRE AS A CONDITION OF RELEASE ON COMPASSIONATE
PAROLE THAT THE RELEASEE AGREE TO REMAIN UNDER THE CARE OF A PHYSICIAN
WHILE ON COMPASSIONATE PAROLE AND IN A HOSPITAL ESTABLISHED PURSUANT TO
ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, NURSING HOME ESTABLISHED
PURSUANT TO ARTICLE TWENTY-EIGHT-A OF THE PUBLIC HEALTH LAW, A HOSPICE
ESTABLISHED PURSUANT TO ARTICLE FORTY OF THE PUBLIC HEALTH LAW OR ANY
OTHER PLACEMENT, INCLUDING A RESIDENCE WITH FAMILY OR OTHERS, THAT CAN
PROVIDE APPROPRIATE MEDICAL AND OTHER NECESSARY COMPASSIONATE CARE AS
RECOMMENDED BY THE MEDICAL ASSESSMENT REQUIRED BY SUBDIVISION TWO OF
THIS SECTION. FOR THOSE WHO ARE RELEASED PURSUANT TO THIS SUBDIVISION, A
DISCHARGE PLAN SHALL BE COMPLETED AND STATE THAT THE AVAILABILITY OF THE
S. 1505--A 188 A. 2005--A
PLACEMENT HAS BEEN CONFIRMED, AND BY WHOM. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, WHEN AN INMATE WHO QUALIFIES FOR RELEASE UNDER THIS
SECTION IS COGNITIVELY INCAPABLE OF SIGNING THE REQUISITE DOCUMENTATION
TO EFFECTUATE THE DISCHARGE PLAN AND, AFTER A DILIGENT SEARCH NO PERSON
HAS BEEN IDENTIFIED WHO COULD OTHERWISE BE APPOINTED AS THE INMATE'S
GUARDIAN BY A COURT OF COMPETENT JURISDICTION, THEN, SOLELY FOR THE
PURPOSE OF IMPLEMENTING THE DISCHARGE PLAN, THE FACILITY HEALTH SERVICES
DIRECTOR AT THE FACILITY WHERE THE INMATE IS CURRENTLY INCARCERATED
SHALL BE LAWFULLY EMPOWERED TO ACT AS THE INMATE'S GUARDIAN FOR THE
PURPOSE OF EFFECTUATING THE DISCHARGE.
(C) WHERE APPROPRIATE, THE BOARD SHALL REQUIRE AS A CONDITION OF
RELEASE THAT COMPASSIONATE PAROLEES BE SUPERVISED ON INTENSIVE CASELOADS
AT REDUCED SUPERVISION RATIOS.
5. A DENIAL OF RELEASE ON COMPASSIONATE PAROLE SHALL NOT PRECLUDE THE
INMATE FROM REAPPLYING FOR COMPASSIONATE PAROLE OR OTHERWISE AFFECT AN
INMATE'S ELIGIBILITY FOR ANY OTHER FORM OF RELEASE PROVIDED FOR BY LAW.
6. TO THE EXTENT THAT ANY PROVISION OF THIS SECTION REQUIRES DISCLO-
SURE OF MEDICAL INFORMATION FOR THE PURPOSE OF PROCESSING AN APPLICATION
OR MAKING A DECISION, REGARDING RELEASE ON COMPASSIONATE PAROLE OR FOR
THE PURPOSE OF APPROPRIATELY SUPERVISING A PERSON RELEASED ON COMPAS-
SIONATE PAROLE, AND THAT SUCH DISCLOSURE WOULD OTHERWISE BE PROHIBITED
BY ARTICLE TWENTY-SEVEN-F OF THE PUBLIC HEALTH LAW, THE PROVISIONS OF
THIS SECTION SHALL BE CONTROLLING.
7. THE COMMISSIONER AND THE CHAIR OF THE BOARD SHALL BE AUTHORIZED TO
PROMULGATE RULES AND REGULATIONS FOR THEIR RESPECTIVE AGENCIES TO IMPLE-
MENT THE PROVISIONS OF THIS SECTION.
8. ANY DECISION MADE BY THE BOARD PURSUANT TO THIS SECTION MAY BE
APPEALED PURSUANT TO SUBDIVISION FOUR OF SECTION TWO HUNDRED FIFTY-
NINE-I OF THIS ARTICLE.
9. THE CHAIR OF THE BOARD SHALL REPORT ANNUALLY TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, THE
CHAIRPERSONS OF THE ASSEMBLY AND SENATE CODES COMMITTEES, THE CHAIR-
PERSON OF THE SENATE CRIME AND CORRECTIONS COMMITTEE, AND THE CHAIR-
PERSON OF THE ASSEMBLY CORRECTIONS COMMITTEE THE NUMBER OF INMATES WHO
HAVE APPLIED FOR COMPASSIONATE PAROLE UNDER THIS SECTION; THE NUMBER WHO
HAVE BEEN GRANTED COMPASSIONATE PAROLE; THE NATURE OF THE ILLNESS OF THE
APPLICANTS, THE COUNTIES TO WHICH THEY HAVE BEEN RELEASED AND THE NATURE
OF THE PLACEMENT PURSUANT TO THE DISCHARGE PLAN; THE CATEGORIES OF
REASONS FOR DENIAL FOR THOSE WHO HAVE BEEN DENIED; THE NUMBER OF RELEAS-
EES ON COMPASSIONATE PAROLE WHO HAVE BEEN RETURNED TO IMPRISONMENT IN
THE CUSTODY OF THE DEPARTMENT AND THE REASONS FOR RETURN.
§ 2. This act shall take effect April 1, 2019.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through P of this act shall
be as specifically set forth in the last section of such Subparts.
PART JJ
S. 1505--A 189 A. 2005--A
Section 1. Section 2 of the correction law is amended by adding four
new subdivisions 32, 33, 34 and 35 to read as follows:
32. "SPECIAL POPULATIONS" MEANS ANY PERSON: (A) WHO IS AN ADOLESCENT
OFFENDER THAT IS CONFINED IN AN ADOLESCENT OFFENDER FACILITY; OR (B) WHO
IS PREGNANT, OR IN THE FIRST EIGHT WEEKS OF POST PARTUM RECOVERY PERIOD
AFTER GIVING BIRTH.
33. "RESIDENTIAL REHABILITATION UNIT" MEANS A HOUSING UNIT USED FOR
TREATMENT AND REHABILITATIVE PROGRAMMING OF INCARCERATED INDIVIDUALS WHO
HAVE BEEN DETERMINED TO REQUIRE MORE THAN NINETY DAYS OF SEGREGATED
CONFINEMENT ON AND AFTER APRIL FIRST, TWO THOUSAND TWENTY-ONE; MORE THAN
SIXTY DAYS OF SEGREGATED CONFINEMENT ON AND AFTER OCTOBER FIRST, TWO
THOUSAND TWENTY-ONE; AND MORE THAN THIRTY DAYS OF SEGREGATED CONFINEMENT
ON AND AFTER APRIL FIRST, TWO THOUSAND TWENTY-TWO OR WHO HAVE BEEN
DEEMED BY THE DEPUTY COMMISSIONER FOR CORRECTIONAL FACILITIES OR HIS OR
HER DESIGNEE TO BE AN UNREASONABLE RISK TO SAFETY AND SECURITY OF STAFF,
INCARCERATED INDIVIDUALS OR THE FACILITY.
34. "STEP DOWN UNIT" MEANS A HOUSING UNIT USED FOR THE PROGRESSIVE
PROGRAMMING OF INCARCERATED INDIVIDUALS WITH A VIOLENT HISTORY OR A
SUBSTANCE ABUSE HISTORY THAT HAS LED TO LONG-TERM PERIODS OF SEGREGATED
CONFINEMENT IN ORDER TO PREPARE THEM FOR RETURN TO GENERAL POPULATION OR
THE COMMUNITY.
35. "ADOLESCENT OFFENDER SEPARATION UNIT" MEANS A HOUSING UNIT USED
FOR ADOLESCENT OFFENDERS HOUSED IN AN ADOLESCENT OFFENDER FACILITY THAT
RECEIVE A DISCIPLINARY CONFINEMENT SANCTION OR WHO HAVE BEEN DEEMED BY
THE SUPERINTENDENT TO BE AN UNREASONABLE RISK TO THE SAFETY AND SECURITY
OF STAFF, INCARCERATED INDIVIDUALS OR THE FACILITY.
§ 2. Subdivision 6 of section 137 of the correction law is amended by
adding ten new paragraphs (g), (h), (i), (j), (k), (l), (m), (n), (o)
and (p) to read as follows:
(G) INCARCERATED INDIVIDUALS IN SPECIAL POPULATIONS AS DEFINED IN
SUBDIVISION THIRTY-TWO OF SECTION TWO OF THIS CHAPTER SHALL NOT BE
PLACED IN SEGREGATED CONFINEMENT FOR ANY LENGTH OF TIME.
(H) NO INCARCERATED INDIVIDUAL MAY BE PLACED IN SEGREGATED CONFINEMENT
FOR LONGER THAN NECESSARY AND NO MORE THAN NINETY DAYS OF SEGREGATED
CONFINEMENT ON AND AFTER APRIL FIRST, TWO THOUSAND TWENTY-ONE; NO MORE
THAN SIXTY DAYS OF SEGREGATED CONFINEMENT ON AND AFTER OCTOBER FIRST,
TWO THOUSAND TWENTY-ONE; AND NO MORE THAN THIRTY DAYS OF SEGREGATED
CONFINEMENT ON AND AFTER APRIL FIRST, TWO THOUSAND TWENTY-TWO. UPON
REACHING THIS LIMIT, HE OR SHE MUST BE RELEASED FROM SEGREGATED CONFINE-
MENT OR DIVERTED TO A RESIDENTIAL REHABILITATION UNIT OR STEP DOWN UNIT.
SUCH ADMISSION TO A RESIDENTIAL REHABILITATION UNIT OR STEP DOWN UNIT
SHALL OCCUR AS EXPEDITIOUSLY AS POSSIBLE AND IN NO CASE TAKE LONGER THAN
SEVENTY-TWO HOURS FROM THE TIME TRANSFER SHOULD OCCUR.
(I) PERSONS ADMITTED TO A RESIDENTIAL REHABILITATION UNIT SHALL BE
OFFERED AT LEAST FIVE HOURS OF OUT-OF-CELL PROGRAMMING, ACTIVITIES, OR
RECREATION FOUR DAYS PER WEEK, EXCLUDING HOLIDAYS, AND AT LEAST TWO
HOURS OF RECREATION ON THE REMAINING DAYS.
(I) SUCH INCARCERATED INDIVIDUALS IN A RESIDENTIAL REHABILITATION UNIT
SHALL HAVE ACCESS TO OUT-OF-CELL PROGRAMS AND ACTIVITIES THAT PROMOTE
PERSONAL DEVELOPMENT AND GROUP ENGAGEMENT, ADDRESSING UNDERLYING CAUSES
OF PROBLEMATIC BEHAVIOR RESULTING IN PLACEMENT IN SEGREGATED CONFINEMENT
OR A RESIDENTIAL REHABILITATION UNIT, AND HELPING PREPARE FOR DISCHARGE
FROM THE UNIT TO GENERAL CONFINEMENT OR THE COMMUNITY.
(II) PERSONS IN A RESIDENTIAL REHABILITATION UNIT SHALL HAVE THE
OPPORTUNITY TO EARN ADDITIONAL PRIVILEGES UNDER A PROGRESSIVE MOVEMENT
SYSTEM.
S. 1505--A 190 A. 2005--A
(III) UPON ADMISSION TO A RESIDENTIAL REHABILITATION UNIT, A PROGRAM
MANAGEMENT TEAM SHALL DEVELOP AN INDIVIDUAL REHABILITATION PLAN IN
CONSULTATION WITH THE INCARCERATED INDIVIDUAL BASED UPON HIS OR HER
PROGRAMMING NEEDS. SUCH PLAN SHALL IDENTIFY SPECIFIC GOALS AND PROGRAM
TO BE OFFERED, INCLUDING DISCHARGE FROM THE RESIDENTIAL REHABILITATION
UNIT OR RECOMMENDATIONS TO TRANSITION TO A STEP DOWN UNIT.
(IV) THE PROGRAM MANAGEMENT TEAM WILL CONDUCT ONGOING REVIEWS OF THE
INCARCERATED INDIVIDUAL, AND IF APPROPRIATE, HAVE THE ABILITY TO RECOM-
MEND CONTINUATION IN THE RESIDENTIAL REHABILITATION UNIT BEYOND THE
INDIVIDUALS LENGTH OF DISCIPLINARY SANCTION.
(V) IF THE INCARCERATED INDIVIDUAL IS MAINTAINED IN THE RESIDENTIAL
REHABILITATION UNIT BEYOND THE LENGTH OF THE DISCIPLINARY SANCTION
IMPOSED, OR IS PLACED THERE AS A RESULT OF THE DEPUTY COMMISSIONER FOR
CORRECTIONAL FACILITY OR HIS OR HER DESIGNEE'S DETERMINATION OF AN
UNREASONABLE RISK TO SAFETY AND SECURITY OR STAFF, INCARCERATED INDIVID-
UALS OR THE FACILITY, THERE SHALL BE A PERIODIC REVIEW OF THE STATUS OF
EACH INCARCERATED PERSON AT LEAST EVERY SIXTY DAYS TO ASSESS THE
PERSON'S PROGRESS AND DETERMINE IF THE PERSON SHOULD BE DISCHARGED FROM
THE UNIT.
(J) PERSONS MAY BE ADMITTED TO A STEP DOWN UNIT FROM EITHER SEGREGATED
CONFINEMENT OR A RESIDENTIAL REHABILITATION UNIT.
(I) PERSONS ADMITTED TO A STEP DOWN UNIT SHALL PARTICIPATE IN A
MULTI-PHASE PROGRESSIVE PROGRAM. INCARCERATED INDIVIDUALS WILL PROGRESS
THROUGH THE PROGRAM, EARNING FEWER RESTRICTIONS AND INCREASED INCEN-
TIVES, AS THEY MEET BENCHMARKS AND INDIVIDUAL GOALS.
(II) SUCH INCARCERATED INDIVIDUALS WILL BE OFFERED AT LEAST FIVE HOURS
OF OUT-OF-CELL PROGRAMMING, ACTIVITIES AND RECREATION FOUR DAYS PER
WEEK, EXCLUDING HOLIDAYS, AND AT LEAST TWO HOURS OF RECREATION ON THE
REMAINING DAYS.
(III) WHEN AN INCARCERATED PERSON IS DISCHARGED FROM A STEP DOWN UNIT,
ANY REMAINING TIME TO SERVE ON ANY UNDERLYING DISCIPLINARY SANCTION
SHALL BE HELD IN ABEYANCE FOR A PERIOD OF NO MORE THAN SIX MONTHS.
(IV) PERSONS IN A STEP DOWN UNIT SHALL HAVE THE OPPORTUNITY TO EARN
ADDITIONAL PRIVILEGES UNDER A PROGRESSIVE MOVEMENT SYSTEM.
(K) PERSONS ADMITTED TO AN ADOLESCENT OFFENDER SEPARATION UNIT SHALL
BE OFFERED AT LEAST FIVE HOURS OF OUT-OF-CELL PROGRAMMING, ACTIVITIES
AND RECREATION FOUR DAYS PER WEEK, EXCLUDING HOLIDAYS, AND AT LEAST TWO
HOURS OF RECREATION ON THE REMAINING DAYS.
(I) PERSONS IN AN ADOLESCENT OFFENDER SEPARATION UNIT SHALL HAVE THE
OPPORTUNITY TO EARN ADDITIONAL PRIVILEGES UNDER A PROGRESSIVE MOVEMENT
SYSTEM.
(II) IF THE INCARCERATED INDIVIDUAL IS MAINTAINED IN THE ADOLESCENT
OFFENDER SEPARATION UNIT BEYOND THE LENGTH OF THE DISCIPLINARY SANCTION
IMPOSED, OR IS PLACED THERE AS A RESULT OF THE DEPUTY COMMISSIONER FOR
CORRECTIONAL FACILITY OR DESIGNEES DETERMINATION OF AN UNREASONABLE RISK
TO SAFETY AND SECURITY OF STAFF, INCARCERATED INDIVIDUALS OR THE FACILI-
TY, THERE SHALL BE A PERIODIC REVIEW OF THE STATUS OF EACH INCARCERATED
PERSON AT LEAST EVERY SIXTY DAYS TO ASSESS THE PERSON'S PROGRESS AND
DETERMINE IF THE PERSON SHOULD BE DISCHARGED FROM THE UNIT.
(L) ALL STAFF ASSIGNED TO SEGREGATED CONFINEMENT, RESIDENTIAL REHABIL-
ITATION, STEP DOWN OR ADOLESCENT OFFENDER SEPARATION UNIT SHALL RECEIVE
SPECIALIZED TRAINING IN DEALING WITH THIS POPULATION, TO INCLUDE INTER-
PERSONAL COMMUNICATION SKILLS, DE-ESCALATION TECHNIQUES AND IMPLICIT
BIAS.
(M) THE SUPERINTENDENT OF THE INSTITUTION MAINTAINS THE RIGHT TO
RESTRICT EMPLOYEES FROM WORKING ON A SEGREGATED CONFINEMENT, RESIDENTIAL
S. 1505--A 191 A. 2005--A
REHABILITATION, STEP DOWN OR ADOLESCENT OFFENDER SEPARATION UNIT IF IT
IS IN THE BEST INTEREST OF THE OVERALL SAFETY AND SECURITY OF THE INSTI-
TUTION, STAFF OR INCARCERATED INDIVIDUALS.
(N) PRIOR TO PRESIDING OVER A SUPERINTENDENT HEARING, ALL HEARING
OFFICERS SHALL RECEIVE HEARING OFFICERS TRAINING ON RELEVANT TOPICS,
INCLUDING IMPLICIT BIAS.
(O) THE DEPARTMENT SHALL PUBLISH MONTHLY REPORTS ON ITS WEBSITE OF THE
TOTAL NUMBER OF INCARCERATED INDIVIDUALS WHO ARE IN SEGREGATED CONFINE-
MENT, THE TOTAL NUMBER OF INCARCERATED INDIVIDUALS WHO ARE IN A RESIDEN-
TIAL REHABILITATION UNIT AND THE TOTAL NUMBER OF INCARCERATED INDIVID-
UALS IN A STEP DOWN UNIT, AND THE TOTAL NUMBER OF INCARCERATED
INDIVIDUALS IN AN ADOLESCENT OFFENDER SEPARATION UNIT ON THE FIRST DAY
OF EACH MONTH.
(P) THE DEPARTMENT SHALL PUBLISH AN ANNUAL CUMULATIVE REPORT OF THE
TOTAL NUMBER OF INCARCERATED INDIVIDUALS WHO WERE IN SEGREGATED CONFINE-
MENT, THE TOTAL NUMBER OF INCARCERATED INDIVIDUALS WHO WERE IN A RESI-
DENTIAL REHABILITATION UNIT AND THE TOTAL NUMBER OF INCARCERATED INDI-
VIDUALS WHO WERE IN A STEP DOWN UNIT FOR THE PRECEDING YEAR. THE ANNUAL
REPORT SHALL INCLUDE THE AVERAGE LENGTH OF STAY IN EACH OF THE UNITS.
§ 3. Clauses (A) and (B) of subparagraph (ii) of paragraph (d) of
subdivision 6 of section 137 of the correction law, as added by chapter
1 of the laws of 2008, are amended to read as follows:
(A) Upon placement of an inmate into segregated confinement, A RESI-
DENTIAL REHABILITATION UNIT, STEP DOWN UNIT OR ADOLESCENT OFFENDER SEPA-
RATION UNIT, at a level one or level two facility, a suicide prevention
screening instrument shall be administered by staff from the department
or the office of mental health who has been trained for that purpose. If
such a screening instrument reveals that the inmate is at risk of
suicide, a mental health clinician shall be consulted and appropriate
safety precautions shall be taken. Additionally, within one business day
of the placement of such an inmate into segregated confinement, A RESI-
DENTIAL REHABILITATION UNIT, STEP DOWN UNIT OR ADOLESCENT OFFENDER SEPA-
RATION UNIT, at a level one or level two facility, the inmate shall be
assessed by a mental health clinician.
(B) Upon placement of an inmate into segregated confinement, A RESI-
DENTIAL REHABILITATION UNIT, STEP DOWN UNIT OR ADOLESCENT OFFENDER SEPA-
RATION UNIT, at a level three or level four facility, a suicide
prevention screening instrument shall be administered by staff from the
department or the office of mental health who has been trained for that
purpose. If such a screening instrument reveals that the inmate is at
risk of suicide, a mental health clinician shall be consulted and appro-
priate safety precautions shall be taken. All inmates placed in segre-
gated confinement, A RESIDENTIAL REHABILITATION UNIT, STEP DOWN UNIT OR
ADOLESCENT OFFENDER SEPARATION UNIT, at a level three or level four
facility shall be assessed by a mental health clinician, within fourteen
days of such placement into segregated confinement, A RESIDENTIAL REHA-
BILITATION UNIT, STEP DOWN UNIT OR ADOLESCENT OFFENDER SEPARATION UNIT.
§ 4. This act shall take effect immediately; provided, however, that
no incarcerated individual may be placed in segregated confinement for
longer than necessary and:
1. effective on and after April 1, 2021, no more than ninety days of
segregated confinement;
2. effective on and after October 1, 2021, no more than sixty days of
segregated confinement; and
3. effective on and after April 1, 2022, no more than thirty days of
segregated confinement.
S. 1505--A 192 A. 2005--A
PART KK
Section 1. Section 60.05 of the penal law is amended by adding a new
subdivision 8 to read as follows:
8. SHOCK INCARCERATION PARTICIPATION. (A) WHEN THE COURT IMPOSES A
DETERMINATE SENTENCE OF IMPRISONMENT PURSUANT TO SUBDIVISION THREE OF
SECTION 70.02 OF THIS CHAPTER OR SUBDIVISION SIX OF SECTION 70.06 OF
THIS CHAPTER UPON A PERSON WHO STANDS CONVICTED EITHER OF BURGLARY IN
THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 140.25 OF
THIS CHAPTER OR ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION
ONE OF SECTION 160.10 OF THIS CHAPTER, OR AN ATTEMPT THEREOF, UPON
MOTION OF THE DEFENDANT, THE COURT MAY ISSUE AN ORDER DIRECTING THAT THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION ENROLL THE DEFENDANT
IN THE SHOCK INCARCERATION PROGRAM AS DEFINED IN ARTICLE TWENTY-SIX-A OF
THE CORRECTION LAW, PROVIDED THAT THE DEFENDANT IS AN ELIGIBLE INMATE,
AS DESCRIBED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED SIXTY-FIVE OF
THE CORRECTION LAW. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS
SUBDIVISION, ANY DEFENDANT TO BE ENROLLED IN SUCH PROGRAM PURSUANT TO
THIS SUBDIVISION SHALL BE GOVERNED BY THE SAME RULES AND REGULATIONS
PROMULGATED BY THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
INCLUDING WITHOUT LIMITATION THOSE RULES AND REGULATIONS ESTABLISHING
REQUIREMENTS FOR COMPLETION AND SUCH RULES AND REGULATIONS GOVERNING
DISCIPLINE AND REMOVAL FROM THE PROGRAM.
(B) PARAGRAPH (B) OF SUBDIVISION SEVEN OF SECTION 60.04 OF THIS ARTI-
CLE SHALL APPLY IN THE EVENT AN INMATE DESIGNATED BY COURT ORDER FOR
ENROLLMENT IN THE SHOCK INCARCERATION PROGRAM REQUIRES A DEGREE OF
MEDICAL CARE OR MENTAL HEALTH CARE THAT CANNOT BE PROVIDED AT A SHOCK
INCARCERATION FACILITY.
§ 2. Subdivision 1 of section 865 of the correction law, as amended by
chapter 377 of the laws of 2010, is amended to read as follows:
1. "Eligible inmate" means a person sentenced to an indeterminate term
of imprisonment who will become eligible for release on parole within
three years or sentenced to a determinate term of imprisonment who will
become eligible for conditional release within three years, who has not
reached the age of fifty years, who has not previously been convicted of
a violent felony as defined in article seventy of the penal law, or a
felony in any other jurisdiction which includes all of the essential
elements of any such violent felony, upon which an indeterminate or
determinate term of imprisonment was imposed and who was between the
ages of sixteen and fifty years at the time of commission of the crime
upon which his or her present sentence was based. Notwithstanding the
foregoing, no person who is convicted of any of the following crimes
shall be deemed eligible to participate in this program: (a) a violent
felony offense as defined in article seventy of the penal law[,] ;
PROVIDED, HOWEVER, THAT A PERSON WHO IS CONVICTED OF BURGLARY IN THE
SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 140.25 OF THE
PENAL LAW, OR ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION ONE
OF SECTION 160.10 OF THE PENAL LAW, OR AN ATTEMPT THEREOF, AND FOR WHOM
THE SENTENCING COURT HAS ISSUED AN ORDER PURSUANT TO SUBDIVISION EIGHT
OF SECTION 60.05 OF THE PENAL LAW ENROLLING SUCH PERSON IN THE SHOCK
INCARCERATION PROGRAM, IS ELIGIBLE TO PARTICIPATE, (b) an A-I felony
offense, (c) any homicide offense as defined in article one hundred
twenty-five of the penal law, (d) any felony sex offense as defined in
article one hundred thirty of the penal law and (e) any escape or
absconding offense as defined in article two hundred five of the penal
law.
S. 1505--A 193 A. 2005--A
§ 3. This act shall take effect on September 1, 2019.
PART LL
Section 1. Section 57 of the civil service law, as added by chapter 83
of the laws of 1963, is amended to read as follows:
§ 57. Continuous recruitment for certain positions. Notwithstanding
any other provisions of this chapter or any other law, the civil service
department or a municipal commission may establish a continuing eligible
list for any class of positions for which it finds [inadequate numbers
of well qualified persons available for recruitment] SUCH LISTS APPRO-
PRIATE. Names of eligibles shall be inserted in such list from time to
time as applicants are tested and found qualified in examinations held
at such intervals as may be prescribed by the civil service department
or municipal commission having jurisdiction. Such successive examina-
tions shall, so far as practicable, be constructed and rated so as to be
equivalent tests of the merit and fitness of candidates. The name of any
candidate who passes any such examination and who is otherwise qualified
shall be placed on the continuing eligible list in the rank correspond-
ing to his final rating on such examination. The period of eligibility
of successful candidates for certification and appointment from such
continuing eligible list, as a result of any such examination, shall be
fixed by the civil service department or municipal commission but,
except as a list may reach an announced terminal date, such period shall
not be less than one year; nor shall such period of eligibility exceed
four years. Subject to such conditions and limitations as the civil
service department or municipal commission may prescribe, a candidate
may take more than one such examination; provided, however, that no such
candidate shall be certified simultaneously with more than one rank on
the continuing eligible list. With respect to any candidate who applies
for and is granted additional credit in any such examination as a disa-
bled or non-disabled veteran, and for the limited purpose of granting
such additional credit, the eligible list shall be deemed to be estab-
lished on the date on which his name is added thereto.
§ 2. This act shall take effect immediately.
PART MM
Section 1. Subdivision 11 of section 52 of the civil service law, as
amended by chapter 214 of the laws of 1989, is amended to read as
follows:
11. Notwithstanding any other provision of law, the state [department
of] civil service DEPARTMENT may, for titles designated by it, extend to
employees in the state service who are holding or who have held a posi-
tion in the non-competitive or labor class of such service the same
opportunity as employees in the competitive class to take promotion
examinations [if such examinations are to be held in conjunction with
open competitive examinations].
§ 2. This act shall take effect immediately.
PART NN
Section 1. Paragraph (a) of subdivision 2 of section 121 of the civil
service law, as added by chapter 790 of the laws of 1958, is amended to
read as follows:
S. 1505--A 194 A. 2005--A
(a) Notwithstanding the provisions of paragraph (b) of this subdivi-
sion, the annual salary of any position, compensable on an annual basis,
which is classified or reclassified, or which is allocated or reallo-
cated to a salary grade pursuant to the provisions of this article shall
not be reduced for the then [permanent] incumbent by reason of any
provision of this article [so long as such position is held by the then
permanent incumbent].
§ 2. This act shall take effect immediately.
PART OO
Section 1. Subdivision 1 of section 70.15 of the penal law, as amended
by chapter 291 of the laws of 1993, is amended to read as follows:
1. Class A misdemeanor. A sentence of imprisonment for a class A
misdemeanor shall be a definite sentence. When such a sentence is
imposed the term shall be fixed by the court, and shall not exceed [one
year] THREE HUNDRED SIXTY-FOUR DAYS; provided, however, that a sentence
of imprisonment imposed upon a conviction of criminal possession of a
weapon in the fourth degree as defined in subdivision one of section
265.01 must be for a period of no less than [one year] THREE HUNDRED
SIXTY-FOUR DAYS when the conviction was the result of a plea of guilty
entered in satisfaction of an indictment or any count thereof charging
the defendant with the class D violent felony offense of criminal
possession of a weapon in the third degree as defined in subdivision
four of section 265.02, except that the court may impose any other
sentence authorized by law upon a person who has not been previously
convicted in the five years immediately preceding the commission of the
offense for a felony or a class A misdemeanor defined in this chapter,
if the court having regard to the nature and circumstances of the crime
and to the history and character of the defendant, finds on the record
that such sentence would be unduly harsh and that the alternative
sentence would be consistent with public safety and does not deprecate
the seriousness of the crime.
§ 2. Section 70.15 of the penal law is amended by adding a new subdi-
vision 1-a to read as follows:
1-A. (A) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, WHENEVER THE
PHRASE "ONE YEAR" OR "THREE HUNDRED SIXTY-FIVE DAYS" OR "365 DAYS" OR
ANY SIMILAR PHRASE APPEARS IN ANY PROVISION OF THIS CHAPTER OR ANY OTHER
LAW IN REFERENCE TO THE DEFINITE SENTENCE OR MAXIMUM DEFINITE SENTENCE
OF IMPRISONMENT THAT IS IMPOSED, OR HAS BEEN IMPOSED, OR MAY BE IMPOSED
AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, FOR A MISDEMEANOR
CONVICTION IN THIS STATE, SUCH PHRASE SHALL MEAN, BE INTERPRETED AND BE
APPLIED AS THREE HUNDRED SIXTY-FOUR DAYS.
(B) THE AMENDATORY PROVISIONS OF THIS SUBDIVISION ARE AMELIORATIVE AND
SHALL APPLY TO ALL PERSONS WHO ARE SENTENCED BEFORE, ON OR AFTER THE
EFFECTIVE DATE OF THIS SUBDIVISION, FOR A CRIME COMMITTED BEFORE, ON OR
AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
(C) ANY SENTENCE FOR A MISDEMEANOR CONVICTION IMPOSED PRIOR TO THE
EFFECTIVE DATE OF THIS SUBDIVISION THAT IS A DEFINITE SENTENCE OF IMPRI-
SONMENT OF ONE YEAR, OR THREE HUNDRED SIXTY-FIVE DAYS, SHALL, BY OPERA-
TION OF LAW, BE CHANGED TO, MEAN AND BE INTERPRETED AND APPLIED AS A
SENTENCE OF THREE HUNDRED SIXTY-FOUR DAYS. IN ADDITION TO ANY OTHER
RIGHT OF A PERSON TO OBTAIN A RECORD OF A PROCEEDING AGAINST HIM OR HER,
A PERSON SO SENTENCED PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION
SHALL BE ENTITLED TO OBTAIN, FROM THE CRIMINAL COURT OR THE CLERK THERE-
OF, A CERTIFICATE OF CONVICTION, AS DESCRIBED IN SUBDIVISION ONE OF
S. 1505--A 195 A. 2005--A
SECTION 60.60 OF THE CRIMINAL PROCEDURE LAW, SETTING FORTH SUCH SENTENCE
AS THE SENTENCE SPECIFIED IN THIS PARAGRAPH.
§ 3. This act shall take effect immediately.
PART PP
Section 1. The opening paragraph and paragraph (a) of subdivision 1 of
section 1311 of the civil practice law and rules, the opening paragraph
as amended by chapter 655 of the laws of 1990 and paragraph (a) as added
by chapter 669 of the laws of 1984, are amended to read as follows:
A civil action may be commenced by the appropriate claiming authority
against a criminal defendant to recover the property which constitutes
the proceeds of a crime, the substituted proceeds of a crime, an instru-
mentality of a crime or the real property instrumentality of a crime [or
to recover a money judgment in an amount equivalent in value to the
property which constitutes the proceeds of a crime, the substituted
proceeds of a crime, an instrumentality of a crime, or the real property
instrumentality of a crime]. A civil action may be commenced against a
non-criminal defendant to recover the property which constitutes the
proceeds of a crime, the substituted proceeds of a crime, an instrumen-
tality of a crime, or the real property instrumentality of a crime
provided, however, that a judgment of forfeiture predicated upon clause
(A) of subparagraph (iv) of paragraph (b) of subdivision three [hereof]
OF THIS SECTION shall be limited to the amount of the proceeds of the
crime. Any action under this article must be commenced within five years
of the commission of the crime and shall be civil, remedial, and in
personam in nature and shall not be deemed to be a penalty or criminal
forfeiture for any purpose. Except as otherwise specially provided by
statute, the proceedings under this article shall be governed by this
chapter. An action under this article is not a criminal proceeding and
may not be deemed to be a previous prosecution under article forty of
the criminal procedure law.
(a) Actions relating to post-conviction forfeiture crimes. An action
relating to a post-conviction forfeiture crime must be grounded upon a
conviction of a felony defined in subdivision five of section one thou-
sand three hundred ten of this article[, or upon criminal activity aris-
ing from a common scheme or plan of which such a conviction is a part,]
or upon a count of an indictment or information alleging a felony which
was dismissed at the time of a plea of guilty to a felony in satisfac-
tion of such count. A court may not grant forfeiture until such
conviction has occurred. However, an action may be commenced, and a
court may grant a provisional remedy provided under this article, prior
to such conviction having occurred. An action under this paragraph must
be dismissed at any time after sixty days of the commencement of the
action unless the conviction upon which the action is grounded has
occurred, or an indictment or information upon which the asserted
conviction is to be based is pending in a superior court. An action
under this paragraph shall be stayed during the pendency of a criminal
action which is related to it; provided, however, that such stay shall
not prevent the granting or continuance of any provisional remedy
provided under this article or any other provisions of law.
§ 2. The civil practice law and rules is amended by adding a new
section 1311-b to read as follows:
§ 1311-B. MONEY JUDGMENT. IF A CLAIMING AUTHORITY OBTAINS A FORFEITURE
JUDGMENT AGAINST A DEFENDANT FOR THE PROCEEDS, SUBSTITUTED PROCEEDS,
INSTRUMENTALITY OF A CRIME OR REAL PROPERTY INSTRUMENTALITY OF A CRIME,
S. 1505--A 196 A. 2005--A
BUT IS UNABLE TO LOCATE ALL OR PART OF ANY SUCH PROPERTY, THE CLAIMING
AUTHORITY MAY APPLY TO THE COURT FOR A MONEY JUDGMENT AGAINST THE
DEFENDANT IN THE AMOUNT OF THE VALUE OF THE FORFEITED PROPERTY THAT
CANNOT BE LOCATED. THE DEFENDANT SHALL HAVE THE RIGHT TO CHALLENGE THE
VALUATION OF ANY PROPERTY THAT IS THE BASIS FOR SUCH AN APPLICATION. THE
CLAIMING AUTHORITY SHALL HAVE THE BURDEN OF ESTABLISHING THE VALUE OF
THE PROPERTY UNDER THIS SECTION BY A PREPONDERANCE OF THE EVIDENCE.
§ 3. Subdivisions 1, 3 and 4 of section 1312 of the civil practice law
and rules, subdivision 1 as added by chapter 669 of the laws of 1984,
subdivision 3 as amended and subdivision 4 as added by chapter 655 of
the laws of 1990, are amended to read as follows:
1. The provisional remedies of attachment, injunction, receivership
and notice of pendency provided for herein, shall be available in all
actions to recover property [or for a money judgment] under this arti-
cle.
3. A court may grant an application for a provisional remedy when it
determines that: (a) there is a substantial probability that the claim-
ing authority will BE ABLE TO DEMONSTRATE AT TRIAL THAT THE PROPERTY IS
THE PROCEEDS, SUBSTITUTED PROCEEDS, INSTRUMENTALITY OF THE CRIME OR REAL
PROPERTY INSTRUMENTALITY OF THE CRIME, THAT THE CLAIMING AUTHORITY WILL
prevail on the issue of forfeiture, and that failure to enter the order
may result in the property being destroyed, removed from the jurisdic-
tion of the court, or otherwise be unavailable for forfeiture; (b) the
need to preserve the availability of the property through the entry of
the requested order outweighs the hardship on any party against whom the
order may operate; and (c) in an action relating to real property, that
entry of the requested order will not substantially diminish, impair, or
terminate the lawful property interest in such real property of any
person or persons other than the defendant or defendants.
4. Upon motion of any party against whom a provisional remedy granted
pursuant to this article is in effect, the court may issue an order
modifying or vacating such provisional remedy if necessary to permit the
moving party to obtain funds for the payment of reasonable living
expenses, other costs or expenses related to the maintenance, operation,
or preservation of property which is the subject of any such provisional
remedy or reasonable and bona fide attorneys' fees and expenses for the
representation of the defendant in the forfeiture proceeding or in a
related criminal matter relating thereto, payment for which is not
otherwise available from assets of the defendant which are not subject
to such provisional remedy. Any such motion shall be supported by an
affidavit establishing the unavailability of other assets of the moving
party which are not the subject of such provisional remedy for payment
of such expenses or fees. THAT FUNDS SOUGHT TO BE RELEASED UNDER THIS
SUBDIVISION ARE ALLEGED TO BE THE PROCEEDS, SUBSTITUTED PROCEEDS,
INSTRUMENTALITY OF A CRIME OR REAL PROPERTY INSTRUMENTALITY OF A CRIME
SHALL NOT BE A FACTOR FOR THE COURT IN CONSIDERING AND DETERMINING A
MOTION MADE PURSUANT TO THIS SUBDIVISION.
§ 4. The opening paragraph of subdivision 2 of section 1349 of the
civil practice law and rules, as added by chapter 655 of the laws of
1990, is amended to read as follows:
If any other provision of law expressly governs the manner of disposi-
tion of property subject to the judgment or order of forfeiture, that
provision of law shall be controlling, WITH THE EXCEPTION THAT, NOTWITH-
STANDING THE PROVISIONS OF ANY OTHER LAW, ALL FORFEITED MONIES AND
PROCEEDS FROM FORFEITED PROPERTY SHALL BE DEPOSITED INTO AND DISBURSED
FROM AN ASSET FORFEITURE ESCROW FUND ESTABLISHED PURSUANT TO SECTION
S. 1505--A 197 A. 2005--A
SIX-V OF THE GENERAL MUNICIPAL LAW, WHICH SHALL GOVERN THE MAINTENANCE
OF SUCH MONIES AND PROCEEDS FROM FORFEITED PROPERTY. Upon application
by a claiming agent for reimbursement of moneys directly expended by a
claiming agent in the underlying criminal investigation for the purchase
of contraband which were converted into a non-monetary form or which
have not been otherwise recovered, the court shall direct such
reimbursement from money forfeited pursuant to this article. Upon appli-
cation of the claiming agent, the court may direct that any vehicles,
vessels or aircraft forfeited pursuant to this article be retained by
the claiming agent for law enforcement purposes, unless the court deter-
mines that such property is subject to a perfected lien, in which case
the court may not direct that the property be retained unless all such
liens on the property to be retained have been satisfied or pursuant to
the court's order will be satisfied. In the absence of an application by
the claiming agent, the claiming authority may apply to the court to
retain such property for law enforcement purposes. Upon such applica-
tion, the court may direct that such property be retained by the claim-
ing authority for law enforcement purposes, unless the court determines
that such property is subject to a perfected lien. If not so retained,
the judgment or order shall direct the claiming authority to sell the
property in accordance with article fifty-one of this chapter, and that
the proceeds of such sale and any other moneys realized as a consequence
of any forfeiture pursuant to this article SHALL BE DEPOSITED TO AN
ASSET FORFEITURE ESCROW FUND ESTABLISHED PURSUANT TO SECTION SIX-V OF
THE GENERAL MUNICIPAL LAW AND shall be apportioned and paid in the
following descending order of priority:
§ 5. Section 1349 of the civil practice law and rules is amended by
adding a new subdivision 5 to read as follows:
5. MONIES AND PROCEEDS FROM THE SALE OF PROPERTY REALIZED AS A CONSE-
QUENCE OF ANY FORFEITURE DISTRIBUTED TO THE CLAIMING AGENT OR CLAIMING
AUTHORITY OF ANY COUNTY, TOWN, CITY, OR VILLAGE OF WHICH THE CLAIMING
AGENT OR CLAIMING AUTHORITY IS A PART, SHALL BE DEPOSITED TO AN ASSET
FORFEITURE ESCROW FUND ESTABLISHED PURSUANT TO SECTION SIX-V OF THE
GENERAL MUNICIPAL LAW.
§ 6. Subdivision 2 of section 700 of the county law is amended to read
as follows:
2. Within thirty days after the receipt of any fine, penalty, recovery
upon any recognizance, MONIES AND PROCEEDS FROM THE SALE OF PROPERTY
REALIZED AS A CONSEQUENCE OF ANY FORFEITURE, or other money belonging to
the county, the district attorney OR THE CLAIMING AUTHORITY shall pay
the same to the county treasurer. Not later than the first day of Febru-
ary in each year, the district attorney shall make in duplicate a veri-
fied true statement of all such moneys received and paid to the county
treasurer during the preceding calendar year and at that time shall pay
to the county treasurer any balance due. One statement shall be
furnished to the county treasurer [and the other], ONE to the clerk of
the board of supervisors AND ONE TO THE STATE COMPTROLLER. A district
attorney who is not re-elected shall make and file the verified state-
ment and pay any balance of such moneys to the county treasurer within
thirty days after the expiration of his term.
§ 7. The general municipal law is amended by adding a new section 6-v
to read as follows:
§ 6-V. ASSET FORFEITURE ESCROW FUND. 1. AS USED IN THIS SECTION:
A. THE TERM "GOVERNING BOARD", INSOFAR AS IT IS USED IN REFERENCE TO A
VILLAGE, SHALL MEAN THE BOARD OF TRUSTEES THEREOF; INSOFAR AS IT IS USED
IN REFERENCE TO A TOWN, SHALL MEAN THE TOWN BOARD THEREOF; INSOFAR AS IT
S. 1505--A 198 A. 2005--A
IS USED IN REFERENCE TO A COUNTY, SHALL MEAN THE BOARD OF SUPERVISORS OR
THE COUNTY LEGISLATURE THEREOF, AS APPLICABLE; INSOFAR AS IT IS USED IN
REFERENCE TO A CITY, SHALL MEAN THE "LEGISLATIVE BODY" THEREOF, AS THAT
TERM IS DEFINED IN SUBDIVISION SEVEN OF SECTION TWO OF THE MUNICIPAL
HOME RULE LAW.
B. THE TERM "CHIEF FISCAL OFFICER" SHALL MEAN:
(I) IN THE CASE OF COUNTIES OPERATING UNDER (1) AN ALTERNATIVE FORM OF
COUNTY GOVERNMENT OR CHARTER ENACTED AS A STATE STATUTE OR ADOPTED UNDER
THE ALTERNATIVE COUNTY GOVERNMENT LAW OR BY LOCAL LAW, THE OFFICIAL
DESIGNATED IN SUCH STATUTE, CONSOLIDATED LAW OR LOCAL LAW AS THE CHIEF
FISCAL OFFICER, OR, IF NO SUCH DESIGNATION IS MADE THEREIN, THE OFFICIAL
POSSESSING POWERS AND DUTIES SIMILAR TO THOSE OF A COUNTY TREASURER
UNDER THE COUNTY LAW AS SHALL BE DESIGNATED BY LOCAL LAW.
(2) IN THE CASE OF COUNTIES NOT OPERATING UNDER AN ALTERNATIVE FORM OF
COUNTY GOVERNMENT OR CHARTER ENACTED AS A STATE STATUTE OR ADOPTED UNDER
THE ALTERNATIVE COUNTY GOVERNMENT LAW OR BY LOCAL LAW, THE TREASURER,
EXCEPT THAT, IN THE CASE OF COUNTIES HAVING A COMPTROLLER, IT SHALL MEAN
THE COMPTROLLER.
(II) IN THE CASE OF CITIES, THE COMPTROLLER; IF A CITY DOES NOT HAVE A
COMPTROLLER, THE TREASURER; IF A CITY HAS NEITHER A COMPTROLLER NOR A
TREASURER, SUCH OFFICIAL POSSESSING POWERS AND DUTIES SIMILAR TO THOSE
OF A CITY TREASURER AS THE FINANCE BOARD SHALL, BY RESOLUTION, DESIG-
NATE. A CERTIFIED COPY OF SUCH DESIGNATION SHALL BE FILED WITH THE STATE
COMPTROLLER AND SHALL BE A PUBLIC RECORD.
(III) IN THE CASE OF TOWNS, THE TOWN SUPERVISOR; IF A TOWN HAS MORE
THAN ONE SUPERVISOR, THE PRESIDING SUPERVISOR.
(IV) IN THE CASE OF VILLAGES, THE VILLAGE TREASURER.
C. THE TERM "CLAIMING AUTHORITY" SHALL MEAN THE DISTRICT ATTORNEY
HAVING JURISDICTION OVER THE OFFENSE OR THE ATTORNEY GENERAL FOR PURPOSE
OF THOSE CRIMES FOR WHICH THE ATTORNEY GENERAL HAS CRIMINAL JURISDICTION
IN A CASE WHERE THE UNDERLYING CRIMINAL CHARGE HAS BEEN, IS BEING OR
COULD HAVE BEEN BROUGHT BY THE ATTORNEY GENERAL, OR THE APPROPRIATE
CORPORATION COUNSEL OR COUNTY ATTORNEY, WHERE SUCH CORPORATION COUNSEL
OR COUNTY ATTORNEY MAY ACT AS A CLAIMING AUTHORITY ONLY WITH THE CONSENT
OF THE DISTRICT ATTORNEY OR THE ATTORNEY GENERAL, AS APPROPRIATE.
D. THE TERM "CLAIMING AGENT" SHALL MEAN AND SHALL INCLUDE ALL PERSONS
DESCRIBED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW, AND SHERIFFS, UNDERSHERIFFS AND DEPUTY SHERIFFS OF COUN-
TIES WITHIN THE CITY OF NEW YORK.
2. THE GOVERNING BOARD SHALL AUTHORIZE THE ESTABLISHMENT OF AN ASSET
FORFEITURE ESCROW FUND FOR ANY CLAIMING AGENT OR CLAIMING AUTHORITY AS
IS DEEMED NECESSARY FOR THE MONIES AND PROCEEDS OF SALE OF PROPERTY
REALIZED AS A CONSEQUENCE OF ANY FORFEITURE. THE SEPARATE IDENTITY OF
SUCH FUND SHALL BE MAINTAINED.
3. THERE SHALL BE PAID INTO THE ASSET FORFEITURE ESCROW FUND ALL
PROCEEDS REALIZED AS A CONSEQUENCE OF ANY FORFEITURE ACTION. SUCH FUNDS
SHALL INCLUDE, BUT ARE NOT LIMITED TO, ALL FUNDS AND ANY PROPERTY (REAL,
PERSONAL, TANGIBLE AND/OR INTANGIBLE) THAT ARE FORFEITED PURSUANT TO
AGREEMENT OR OTHERWISE PRIOR TO, IN LIEU OF OR AFTER THE LODGING OF
CRIMINAL CHARGES, PRE-INDICTMENT, POST-INDICTMENT, OR AFTER CONVICTION
BY PLEA OR TRIAL. SUCH FUNDS SHALL ALSO INCLUDE FUNDS THAT ARE FORFEITED
IN COMPROMISE OF CHARGES THAT ARE NEVER BROUGHT.
4. THE MONIES AND PROCEEDS IN THE ASSET FORFEITURE ESCROW FUND SHALL
BE DEPOSITED AND SECURED IN THE MANNER PROVIDED BY SECTION TEN OF THIS
ARTICLE. ALL MONIES AND PROCEEDS SO DEPOSITED IN SUCH FUND SHALL BE
KEPT IN A SEPARATE BANK ACCOUNT. THE CHIEF FISCAL OFFICER MAY INVEST THE
S. 1505--A 199 A. 2005--A
MONEYS IN SUCH FUND IN THE MANNER PROVIDED IN SECTION ELEVEN OF THIS
ARTICLE. ANY INTEREST EARNED OR CAPITAL GAINS REALIZED ON THE MONEYS SO
DEPOSITED OR INVESTED SHALL ACCRUE TO AND BECOME PART OF SUCH FUND. THE
SEPARATE IDENTITY OF SUCH FUND SHALL BE MAINTAINED, WHETHER ITS ASSETS
CONSIST OF CASH, INVESTMENTS, OR BOTH.
5. EVERY CLAIM FOR THE PAYMENT OF MONEY FROM THE ASSET FORFEITURE
ESCROW FUND SHALL SPECIFY THE PURPOSE OF THE REQUESTED PAYMENT AND MUST
BE ACCOMPANIED BY A WRITTEN CERTIFICATION THAT THE EXPENDITURE IS IN
COMPLIANCE WITH ALL APPLICABLE LAWS. PAYMENTS FROM SUCH FUND SHALL BE
MADE BY THE CHIEF FISCAL OFFICER SUBJECT TO THE REQUIRED CERTIFICATION
AND THE DETERMINATION OF FUND SUFFICIENCY.
6. THE CHIEF FISCAL OFFICER, AT THE TERMINATION OF EACH FISCAL YEAR,
SHALL RENDER A DETAILED REPORT OF THE OPERATION AND CONDITION OF THE
ASSET FORFEITURE ESCROW FUND TO THE GOVERNING BOARD AND THE STATE COMP-
TROLLER. SUCH REPORT SHALL BE SUBJECT TO EXAMINATION AND AUDIT. THE
CHIEF FISCAL OFFICER MAY ACCOUNT FOR SUCH FUND SEPARATE AND APART FROM
ALL OTHER FUNDS OF THE VILLAGE, TOWN, COUNTY, AND CITY.
§ 8. Section 1352 of the civil practice law and rules, as added by
chapter 669 of the laws of 1984, is amended to read as follows:
§ 1352. Preservation of other rights and remedies. The remedies
provided for in this article are not intended to substitute for or limit
or [supercede] SUPERSEDE the lawful authority of any public officer or
agency or other person to enforce any other right or remedy provided for
by law. THE EXERCISE OF SUCH LAWFUL AUTHORITY IN THE FORFEITURE OF PROP-
ERTY ALLEGED TO BE THE PROCEEDS, SUBSTITUTE PROCEEDS, INSTRUMENTALITY OF
A CRIME OR REAL PROPERTY INSTRUMENTALITY OF CRIME MUST INCLUDE THE
PROVISION OF A PROMPT OPPORTUNITY TO BE HEARD FOR THE OWNER OF SEIZED
PROPERTY IN ORDER TO ENSURE THE LEGITIMACY AND THE NECESSITY OF ITS
CONTINUED RETENTION BY LAW ENFORCEMENT, AS WELL AS CLEAR NOTICE OF DEAD-
LINES FOR ACCOMPLISHING THE RETURN OF SUCH PROPERTY.
§ 9. Subdivision 11 of section 1311 of the civil practice law and
rules is amended by adding a new paragraph (d) to read as follows:
(D) ANY STIPULATION, SETTLEMENT AGREEMENT, JUDGEMENT, ORDER OR AFFIDA-
VIT REQUIRED TO BE GIVEN TO THE STATE DIVISION OF CRIMINAL JUSTICE
SERVICES PURSUANT TO THIS SUBDIVISION SHALL INCLUDE THE DEFENDANT'S NAME
AND SUCH OTHER DEMOGRAPHIC DATA AS REQUIRED BY THE STATE DIVISION OF
CRIMINAL JUSTICE SERVICES.
§ 10. Subdivision 6 of section 220.50 of the criminal procedure law,
as added by chapter 655 of the laws of 1990, is amended to read as
follows:
6. Where the defendant consents to a plea of guilty to the indictment,
or part of the indictment, or consents to be prosecuted by superior
court information as set forth in section 195.20 of this chapter, and if
the defendant and prosecutor agree that as a condition of the plea or
the superior court information certain property shall be forfeited by
the defendant, the description and present estimated monetary value of
the property shall be stated in court by the prosecutor at the time of
plea. Within thirty days of the acceptance of the plea or superior court
information by the court, the prosecutor shall send to the commissioner
of the division of criminal justice services a document containing the
name of the defendant, the description and present estimated monetary
value of the property, ANY OTHER DEMOGRAPHIC DATA AS REQUIRED BY THE
DIVISION OF CRIMINAL JUSTICE SERVICES and the date the plea or superior
court information was accepted. Any property forfeited by the defendant
as a condition to a plea of guilty to an indictment, or a part thereof,
or to a superior court information, shall be disposed of in accordance
S. 1505--A 200 A. 2005--A
with the provisions of section thirteen hundred forty-nine of the civil
practice law and rules.
§ 11. Subdivision 4 of section 480.10 of the penal law, as added by
chapter 655 of the laws of 1990, is amended to read as follows:
4. The prosecutor shall promptly file a copy of the special forfeiture
information, including the terms thereof, with the state division of
criminal justice services and with the local agency responsible for
criminal justice planning. Failure to file such information shall not be
grounds for any relief under this chapter. THE PROSECUTOR SHALL ALSO
REPORT SUCH DEMOGRAPHIC DATA AS REQUIRED BY THE STATE DIVISION OF CRIMI-
NAL JUSTICE SERVICES WHEN FILING A COPY OF THE SPECIAL FORFEITURE INFOR-
MATION WITH THE STATE DIVISION OF CRIMINAL JUSTICE SERVICES.
§ 12. This act shall take effect on the one hundred eightieth day
after it shall have become a law and shall apply to crimes which were
committed on or after such date.
PART QQ
Section 1. The family court act is amended by adding a new article 5-C
to read as follows:
ARTICLE 5-C
CHILD-PARENT SECURITY ACT
PART 1. GENERAL PROVISIONS (581-101 - 581-103)
2. JUDGMENT OF PARENTAGE (581-201 - 581-205)
3. CHILD OF ASSISTED REPRODUCTION (581-301 - 581-307)
4. GESTATIONAL AGREEMENT (581-401 - 581-411)
5. PAYMENT TO DONORS AND GESTATIONAL CARRIERS (581-501 - 581-502)
6. MISCELLANEOUS PROVISIONS (581-601 - 581-604)
PART 1
GENERAL PROVISIONS
SECTION 581-101. SHORT TITLE.
581-102. PURPOSE.
581-103. DEFINITIONS.
§ 581-101. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED
AS THE "CHILD-PARENT SECURITY ACT".
§ 581-102. PURPOSE. THE PURPOSE OF THIS ARTICLE IS TO LEGALLY ESTAB-
LISH A CHILD'S RELATIONSHIP TO HIS OR HER PARENTS WHERE THE CHILD IS
CONCEIVED THROUGH COLLABORATIVE REPRODUCTION.
§ 581-103. DEFINITIONS. (A) "ASSISTED REPRODUCTION" MEANS A METHOD OF
CAUSING PREGNANCY OTHER THAN SEXUAL INTERCOURSE AND INCLUDES BUT IS NOT
LIMITED TO:
1. INTRAUTERINE OR VAGINAL INSEMINATION;
2. DONATION OF GAMETES;
3. DONATION OF EMBRYOS;
4. IN VITRO FERTILIZATION AND TRANSFER OF EMBRYOS; AND
5. INTRACYTOPLASMIC SPERM INJECTION.
(B) "ASSISTED REPRODUCTIVE TECHNOLOGY" OR "ART" IS ANY MEDICAL OR
SCIENTIFIC INTERVENTION, INCLUDING, BUT NOT LIMITED TO, ASSISTED REPROD-
UCTION, PROVIDED FOR THE PURPOSE OF ACHIEVING LIVE BIRTH THAT RESULTS
FROM ASSISTED CONCEPTION. ASSISTED CONCEPTION MEANS THE FORMATION OF A
HUMAN EMBRYO OUTSIDE THE BODY WITH THE INTENT TO PRODUCE A LIVE BIRTH.
(C) "CHILD" MEANS A LIVE BORN INDIVIDUAL OF ANY AGE WHOSE PARENTAGE
MAY BE DETERMINED UNDER THIS ACT OR OTHER LAW.
(D) "COLLABORATIVE REPRODUCTION" INVOLVES ARTIFICIAL INSEMINATION WITH
DONOR SPERM AND ANY ASSISTED REPRODUCTION IN WHICH AN INDIVIDUAL OTHER
S. 1505--A 201 A. 2005--A
THAN THE INTENDED PARENT PROVIDES GENETIC MATERIAL OR AGREES TO ACT AS A
GESTATIONAL CARRIER. IT CAN INCLUDE, BUT IS NOT LIMITED TO, (1) ATTEMPTS
BY THE INTENDED PARENT TO CREATE A CHILD THROUGH MEANS OF A GESTATIONAL
ARRANGEMENT, WITH OR WITHOUT THE INVOLVEMENT OF A DONOR, AND (2)
ASSISTED REPRODUCTION INVOLVING A DONOR WHERE A GESTATIONAL CARRIER IS
NOT USED.
(E) "COMPENSATION" MEANS PAYMENT OF ANY VALUABLE CONSIDERATION FOR
TIME, EFFORT, PAIN AND/OR RISK TO HEALTH IN EXCESS OF REASONABLE MEDICAL
AND ANCILLARY COSTS.
(F) "DONOR" MEANS AN INDIVIDUAL WHO PRODUCES GAMETES AND PROVIDES THEM
TO ANOTHER PERSON OTHER THAN THE INDIVIDUAL'S SPOUSE FOR USE IN ASSISTED
REPRODUCTION, WHETHER OR NOT FOR COMPENSATION, AND WHO DOES NOT INTEND
TO BE A PARENT. DONOR ALSO INCLUDES AN INDIVIDUAL WITH DISPOSITIONAL
CONTROL OF AN EMBRYO WHO PROVIDES IT TO ANOTHER PERSON FOR THE PURPOSE
OF GESTATION AND RELINQUISHES ALL PRESENT AND FUTURE PARENTAL AND INHER-
ITANCE RIGHTS AND OBLIGATIONS TO A RESULTING CHILD.
(G) "EMBRYO" MEANS A CELL OR GROUP OF CELLS CONTAINING A DIPLOID
COMPLEMENT OF CHROMOSOMES OR GROUP OF SUCH CELLS, NOT A GAMETE OR
GAMETES, THAT HAS THE POTENTIAL TO DEVELOP INTO A LIVE BORN HUMAN BEING
IF TRANSFERRED INTO THE BODY OF A WOMAN UNDER CONDITIONS IN WHICH
GESTATION MAY BE REASONABLY EXPECTED TO OCCUR.
(H) "EMBRYO TRANSFER" MEANS ALL MEDICAL AND LABORATORY PROCEDURES THAT
ARE NECESSARY TO EFFECTUATE THE TRANSFER OF AN EMBRYO INTO THE UTERINE
CAVITY.
(I) "GAMETE" MEANS A CELL CONTAINING A HAPLOID COMPLEMENT OF DNA THAT
HAS THE POTENTIAL TO FORM AN EMBRYO WHEN COMBINED WITH ANOTHER GAMETE.
SPERM AND EGGS ARE GAMETES. A GAMETE MAY CONSIST OF NUCLEAR DNA FROM ONE
HUMAN BEING COMBINED WITH THE CYTOPLASM, INCLUDING CYTOPLASMIC DNA, OF
ANOTHER HUMAN BEING.
(J) "GESTATIONAL AGREEMENT" IS A CONTRACT BETWEEN AN INTENDED PARENT
AND A GESTATIONAL CARRIER INTENDED TO RESULT IN A LIVE BIRTH WHERE THE
CHILD WILL BE THE LEGAL CHILD OF THE INTENDED PARENT.
(K) "GESTATIONAL CARRIER" MEANS AN ADULT PERSON NOT AN INTENDED
PARENT, WHO ENTERS INTO A GESTATIONAL AGREEMENT TO BEAR A CHILD WHO WILL
BE THE LEGAL CHILD OF THE INTENDED PARENT SO LONG AS SHE HAS NOT
PROVIDED THE EGG USED TO CONCEIVE THE RESULTING CHILD.
(L) "GESTATIONAL CARRIER ARRANGEMENT" MEANS THE PROCESS BY WHICH A
GESTATIONAL CARRIER ATTEMPTS TO CARRY AND GIVE BIRTH TO A CHILD CREATED
THROUGH ASSISTED REPRODUCTION SO LONG AS THE GESTATIONAL CARRIER HAS NOT
PROVIDED THE EGG USED TO CONCEIVE THE RESULTING CHILD.
(M) "HEALTH CARE PRACTITIONER" MEANS AN INDIVIDUAL LICENSED OR CERTI-
FIED UNDER TITLE EIGHT OF THE EDUCATION LAW ACTING WITHIN HIS OR HER
SCOPE OF PRACTICE.
(N) "INTENDED PARENT" IS AN INDIVIDUAL WHO MANIFESTS THE INTENT AS
PROVIDED IN THIS ACT TO BE LEGALLY BOUND AS THE PARENT OF A CHILD
RESULTING FROM ASSISTED REPRODUCTION OR COLLABORATIVE REPRODUCTION.
(O) "IN VITRO FERTILIZATION" MEANS THE FORMATION OF A HUMAN EMBRYO
OUTSIDE THE HUMAN BODY.
(P) "PARENT" MEANS AN INDIVIDUAL WHO HAS ESTABLISHED A PARENT-CHILD
RELATIONSHIP UNDER THIS ACT OR OTHER LAW AND INCLUDES, BUT IS NOT LIMIT-
ED TO: (1) A CHILD'S BIRTH PARENT WHO IS NOT A GESTATIONAL CARRIER OR
THE SPOUSE OF THE GESTATIONAL CARRIER; (2) A CHILD'S GENETIC PARENT WHO
IS NOT THE DONOR; (3) AN INDIVIDUAL WHO HAS LEGALLY ADOPTED THE CHILD;
(4) AN INDIVIDUAL WHO IS A PARENT OF THE CHILD PURSUANT TO A LEGAL
PRESUMPTION; (5) AN INDIVIDUAL WHO IS A PARENT OF THE CHILD PURSUANT TO
AN ACKNOWLEDGMENT OR JUDGMENT OF PARENTAGE PURSUANT TO ARTICLE TWO OF
S. 1505--A 202 A. 2005--A
THIS ACT OR OTHER LAW; (6) AN INDIVIDUAL WHO IS A PARENT OF THE CHILD
PURSUANT TO ARTICLE THREE OR FOUR OF THIS ACT.
(Q) "PARTICIPANT" MEANS AN INDIVIDUAL WHO PROVIDES A BIOLOGICAL OR
GENETIC COMPONENT OF ASSISTED REPRODUCTION, AN INTENDED PARENT, AND THE
SPOUSE OF AN INTENDED PARENT OR GESTATIONAL CARRIER. GESTATION IS A
BIOLOGICAL COMPONENT WITHIN THE MEANING OF THIS DEFINITION.
(R) "RECORD" MEANS INFORMATION INSCRIBED IN A TANGIBLE MEDIUM OR
STORED IN AN ELECTRONIC OR OTHER MEDIUM THAT IS RETRIEVABLE IN PERCEIVA-
BLE FORM.
(S) "RETRIEVAL" MEANS THE PROCUREMENT OF EGGS OR SPERM FROM A GAMETE
PROVIDER.
(T) "SPOUSE" MEANS AN INDIVIDUAL MARRIED TO ANOTHER, OR WHO HAS A
LEGAL RELATIONSHIP ENTERED INTO UNDER THE LAWS OF THE UNITED STATES OR
OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, WHICH IS SUBSTANTIALLY
EQUIVALENT TO A MARRIAGE, INCLUDING A CIVIL UNION OR DOMESTIC PARTNER-
SHIP.
(U) "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
BIA, PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITORY OR
INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
(V) "TRANSFER" MEANS THE PLACEMENT OF AN EMBRYO OR GAMETES INTO THE
BODY OF A WOMAN WITH THE INTENT TO ACHIEVE PREGNANCY AND LIVE BIRTH.
PART 2
JUDGMENT OF PARENTAGE
SECTION 581-201. JUDGMENT OF PARENTAGE.
581-202. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD BORN
THROUGH ASSISTED REPRODUCTION.
581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD BORN
PURSUANT TO A GESTATIONAL CARRIER ARRANGEMENT.
581-204. JUDGMENT OF PARENTAGE FOR INTENDED PARENTS WHO ARE
SPOUSES.
581-205. JURISDICTION.
§ 581-201. JUDGMENT OF PARENTAGE. (A) A CIVIL PROCEEDING MAY BE MAIN-
TAINED TO ADJUDICATE THE PARENTAGE OF A CHILD UNDER THE CIRCUMSTANCES
SET FORTH IN THIS ARTICLE. THIS PROCEEDING IS GOVERNED BY THE CIVIL
PRACTICE LAW AND RULES.
(B) A JUDGMENT OF PARENTAGE MAY BE ISSUED PRIOR TO BIRTH BUT SHALL NOT
BECOME EFFECTIVE UNTIL THE BIRTH OF THE CHILD.
(C) A JUDGMENT OF PARENTAGE SHALL BE ISSUED BY THE COURT UPON THE
PETITION OF (1) A CHILD, OR (2) A PARENT OR A PRESUMED PARENT, OR (3) A
PARTICIPANT, OR (4) THE SUPPORT/ENFORCEMENT AGENCY OR OTHER GOVERNMENTAL
AGENCY AUTHORIZED BY OTHER LAW, OR (5) A REPRESENTATIVE AUTHORIZED BY
LAW TO ACT FOR AN INDIVIDUAL WHO WOULD OTHERWISE BE ENTITLED TO MAINTAIN
A PROCEEDING BUT WHO IS DECEASED, INCAPACITATED, OR A MINOR, IN ORDER TO
LEGALLY ESTABLISH THE CHILD-PARENT RELATIONSHIP OF EITHER A CHILD BORN
THROUGH ASSISTED REPRODUCTION UNDER PART THREE OF THIS ARTICLE OR A
CHILD BORN PURSUANT TO A GESTATIONAL CARRIER ARRANGEMENT UNDER PART FOUR
OF THIS ARTICLE.
§ 581-202. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD BORN
THROUGH ASSISTED REPRODUCTION. (A) A PROCEEDING FOR A JUDGMENT OF
PARENTAGE MAY BE COMMENCED:
(1) IF THE INTENDED PARENT RESIDES IN NEW YORK STATE, IN THE COUNTY
WHERE THE INTENDED PARENT RESIDES ANY TIME AFTER PREGNANCY IS ACHIEVED
OR IN THE COUNTY WHERE THE CHILD WAS BORN OR RESIDES; OR
S. 1505--A 203 A. 2005--A
(2) IF THE INTENDED PARENT AND CHILD DO NOT RESIDE IN NEW YORK STATE,
UP TO NINETY DAYS AFTER THE BIRTH OF THE CHILD IN THE COUNTY WHERE THE
CHILD WAS BORN.
(B) THE PETITION FOR A JUDGMENT OF PARENTAGE MUST BE VERIFIED AND
INCLUDE THE FOLLOWING:
(1) A STATEMENT THAT THE INTENDED PARENT HAS BEEN A RESIDENT OF THE
STATE FOR AT LEAST NINETY DAYS OR IF THE INTENDED PARENT IS NOT A NEW
YORK STATE RESIDENT, THAT THE CHILD WAS BORN IN THE STATE; AND
(2) A STATEMENT FROM THE GESTATING PARENT THAT THE GESTATING PARENT
BECAME PREGNANT AS A RESULT OF THE DONATION OF THE GAMETE OR EMBRYO AND
A REPRESENTATION OF NON-ACCESS DURING THE TIME OF CONCEPTION; AND
(3) A STATEMENT THAT THE NON-GESTATING INTENDED PARENT CONSENTED TO
ASSISTED REPRODUCTION PURSUANT TO SECTION 581-304 OF THIS ARTICLE; AND
(4) PROOF OF DONOR'S DONATIVE INTENT.
(C) THE FOLLOWING SHALL BE DEEMED SUFFICIENT PROOF OF A DONOR'S DONA-
TIVE INTENT FOR PURPOSES OF THIS SECTION:
(1) IN THE CASE OF AN ANONYMOUS DONOR OR WHERE GAMETES OR EMBRYOS HAVE
PREVIOUSLY BEEN RELINQUISHED TO A GAMETE OR EMBRYO STORAGE FACILITY, A
STATEMENT FROM THE GAMETE OR EMBRYO STORAGE FACILITY WITH CUSTODY OF THE
GAMETES OR EMBRYOS THAT THE DONOR DOES NOT RETAIN ANY PARENTAL OR
PROPRIETARY INTEREST IN THE GAMETES OR EMBRYOS; OR
(2) IN THE CASE OF A DONATION FROM A KNOWN DONOR, A RECORD FROM THE
GAMETE OR EMBRYO DONOR ACKNOWLEDGING THE DONATION AND CONFIRMING THAT
THE DONOR HAS NO PARENTAL OR PROPRIETARY INTEREST IN THE GAMETES OR
EMBRYOS. THE RECORD SHALL BE SIGNED BY THE GAMETE OR EMBRYO DONOR:
I. BEFORE A NOTARY PUBLIC, OR
II. BEFORE TWO WITNESSES WHO ARE NOT THE INTENDED PARENTS, OR
III. BEFORE THE HEALTH CARE PROVIDER, WHO SUPERVISED THE DONATION.
(3) IN THE ABSENCE OF A RECORD PURSUANT TO PARAGRAPH TWO OF THIS
SUBDIVISION, NOTICE SHALL BE GIVEN TO THE DONOR AT LEAST TWENTY DAYS
PRIOR TO THE PROCEEDING BY DELIVERY OF A COPY OF THE PETITION AND
NOTICE. UPON A SHOWING TO THE COURT, BY AFFIDAVIT OR OTHERWISE, ON OR
BEFORE THE DATE OF THE PROCEEDING OR WITHIN SUCH FURTHER TIME AS THE
COURT MAY ALLOW, THAT PERSONAL SERVICE CANNOT BE EFFECTED AT THE DONOR'S
LAST KNOWN ADDRESS WITH REASONABLE EFFORT, NOTICE MAY BE GIVEN, WITHOUT
PRIOR COURT ORDER THEREFORE, AT LEAST TWENTY DAYS PRIOR TO THE PROCEED-
ING BY REGISTERED OR CERTIFIED MAIL DIRECTED TO THE DONOR'S LAST KNOWN
ADDRESS. NOTICE BY PUBLICATION SHALL NOT BE REQUIRED TO BE GIVEN TO A
DONOR ENTITLED TO NOTICE PURSUANT TO THE PROVISIONS OF THIS SECTION.
(4) NOTWITHSTANDING THE ABOVE, WHERE SPERM IS PROVIDED UNDER THE
SUPERVISION OF A HEALTH CARE PROVIDER TO SOMEONE OTHER THAN THE SPERM
PROVIDER'S INTIMATE PARTNER OR SPOUSE WITHOUT A RECORD OF THE SPERM
PROVIDER'S INTENT TO PARENT, THE SPERM PROVIDER IS PRESUMED TO BE A
DONOR AND NOTICE IS NOT REQUIRED.
(D) WHERE A PETITION FOR PARENTAGE DEMONSTRATES THE CONSENT OF THE
INTENDED PARENT TO ASSISTED REPRODUCTION, THE DONATIVE INTENT OF THE
GAMETE OR EMBRYO DONOR AND THAT THE PREGNANCY RESULTED FROM THE
DONATION, THE COURT SHALL ISSUE A JUDGMENT OF PARENTAGE:
(1) DECLARING, THAT UPON THE BIRTH OF THE CHILD, THE INTENDED PARENT
IS THE ONLY LEGAL PARENT OF THE CHILD; AND
(2) ORDERING THE INTENDED PARENT TO ASSUME SOLE RESPONSIBILITY FOR THE
MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH OF THE
CHILD; AND
(3) ORDERING THAT UPON THE BIRTH OF THE CHILD, A COPY OF THE JUDGMENT
OF PARENTAGE BE SERVED ON THE (I) DEPARTMENT OF HEALTH OR NEW YORK CITY
DEPARTMENT OF MENTAL HEALTH AND HYGIENE, OR (II) REGISTRAR OF BIRTHS IN
S. 1505--A 204 A. 2005--A
THE HOSPITAL WHERE THE CHILD IS BORN AND DIRECTING THAT THE HOSPITAL
REPORT THE PARENTAGE OF THE CHILD TO THE APPROPRIATE DEPARTMENT OF
HEALTH IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH CERTIF-
ICATE HAS ALREADY ISSUED, THE COURT SHALL ISSUE AN ORDER DIRECTING THE
APPROPRIATE DEPARTMENT OF HEALTH TO AMEND THE BIRTH CERTIFICATE IN AN
EXPEDITED MANNER AND SEAL THE PREVIOUSLY ISSUED BIRTH CERTIFICATE.
§ 581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD BORN PURSU-
ANT TO A GESTATIONAL CARRIER ARRANGEMENT. (A) THE PROCEEDING MAY BE
COMMENCED AT ANY TIME AFTER THE GESTATIONAL AGREEMENT HAS BEEN EXECUTED
BY ALL OF THE PARTIES. ANY PARTY TO THE GESTATIONAL AGREEMENT NOT JOIN-
ING IN THE PETITION MUST BE SERVED WITH NOTICE OF THE PROCEEDING. FAIL-
URE TO RESPOND TO THE NOTICE SHALL BE CONSIDERED A DEFAULT AND NO
FURTHER NOTICE SHALL BE REQUIRED.
(B) THE PETITION FOR A JUDGMENT OF PARENTAGE MUST BE VERIFIED AND
INCLUDE THE FOLLOWING:
(1) A STATEMENT THAT THE GESTATIONAL CARRIER OR THE INTENDED PARENT
HAS BEEN A RESIDENT OF THE STATE FOR AT LEAST NINETY DAYS AT THE TIME
THE GESTATIONAL AGREEMENT WAS EXECUTED; AND
(2) A CERTIFICATION FROM THE ATTORNEYS REPRESENTING THE PETITIONERS
THAT THE PARTIES ARE ELIGIBLE TO PARTICIPATE IN THE GESTATIONAL CARRIER
ARRANGEMENT AS REQUIRED BY SECTION 581-404 OF THIS ARTICLE AND THAT THE
GESTATIONAL AGREEMENT CONTAINS THE REQUIRED TERMS UNDER SECTION 581-405
OF THIS ARTICLE; AND
(3) A STATEMENT THAT THE PARTIES ENTERED INTO THE GESTATIONAL AGREE-
MENT KNOWINGLY AND VOLUNTARILY.
(C) WHERE A PETITION SATISFIES SUBDIVISION (B) OF THIS SECTION, THE
COURT SHALL ISSUE A JUDGMENT OF PARENTAGE, WITHOUT ADDITIONAL
PROCEEDINGS OR DOCUMENTATION:
(1) DECLARING, THAT UPON THE BIRTH OF A CHILD BORN DURING THE TERM OF
THE GESTATIONAL AGREEMENT, THE INTENDED PARENT IS THE LEGAL PARENT OF
THE CHILD; AND
(2) DECLARING, THAT UPON THE BIRTH OF A CHILD BORN DURING THE TERM OF
THE GESTATIONAL AGREEMENT, THE GESTATIONAL CARRIER, AND THE GESTATIONAL
CARRIER'S SPOUSE, IF ANY, IS NOT THE LEGAL PARENT OF THE CHILD; AND
(3) ORDERING THE GESTATIONAL CARRIER AND THE GESTATIONAL CARRIER'S
SPOUSE, IF ANY, TO TRANSFER THE CHILD TO THE INTENDED PARENT IF THIS HAS
NOT ALREADY OCCURRED; AND
(4) ORDERING THE INTENDED PARENT TO ASSUME SOLE RESPONSIBILITY FOR THE
MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH OF THE
CHILD; AND
(5) ORDERING THAT WHEN THE CHILD IS BORN, A COPY OF THE JUDGMENT OF
PARENTAGE BE SERVED ON THE (I) DEPARTMENT OF HEALTH OR NEW YORK CITY
DEPARTMENT OF MENTAL HEALTH AND HYGIENE, OR (II) REGISTRAR OF BIRTHS IN
THE HOSPITAL WHERE THE CHILD IS BORN AND DIRECTING THAT THE HOSPITAL
REPORT THE PARENTAGE OF THE CHILD TO THE APPROPRIATE DEPARTMENT OF
HEALTH IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH CERTIF-
ICATE HAS ALREADY ISSUED, THE COURT SHALL ISSUE AN ORDER DIRECTING THE
APPROPRIATE DEPARTMENT OF HEALTH TO AMEND THE BIRTH CERTIFICATE IN AN
EXPEDITED MANNER AND SEAL THE PREVIOUSLY ISSUED BIRTH CERTIFICATE.
(D) IN THE EVENT THE CERTIFICATION REQUIRED BY PARAGRAPH TWO OF SUBDI-
VISION (B) OF THIS SECTION CANNOT BE MADE BECAUSE OF A TECHNICAL OR
NON-SUBSTANTIAL DEVIATION FROM THE REQUIREMENTS OF SECTIONS 581-404 OR
581-405 OF THIS ARTICLE; THE COURT MAY NEVERTHELESS ENFORCE THE AGREE-
MENT AND ISSUE AN ORDER OF PARENTAGE IF THE COURT DETERMINES THE AGREE-
MENT IS IN SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS OF SECTIONS
581-404 AND 581-405 OF THIS ARTICLE.
S. 1505--A 205 A. 2005--A
(E) THE AGREEMENT OF THE INTENDED PARENT TO PAY REASONABLE COMPEN-
SATION TO THE GESTATIONAL CARRIER IN EXCESS OF REASONABLE MEDICAL AND
ANCILLARY COSTS SHALL NOT BE A BAR TO THE ISSUANCE OF A JUDGMENT OF
PARENTAGE.
§ 581-204. JUDGMENT OF PARENTAGE FOR INTENDED PARENTS WHO ARE SPOUSES.
NOTWITHSTANDING OR WITHOUT LIMITATION ON PRESUMPTIONS OF PARENTAGE THAT
APPLY, A JUDGMENT OF PARENTAGE MAY BE OBTAINED UNDER THIS PART BY
INTENDED PARENTS WHO ARE EACH OTHER'S SPOUSE.
§ 581-205. JURISDICTION. PROCEEDINGS PURSUANT TO THIS ARTICLE MAY BE
INSTITUTED IN THE SUPREME, FAMILY OR SURROGATE'S COURT.
PART 3
CHILD OF ASSISTED REPRODUCTION
SECTION 581-301. SCOPE OF ARTICLE.
581-302. STATUS OF DONOR.
581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.
581-304. CONSENT TO ASSISTED REPRODUCTION.
581-305. LIMITATION ON SPOUSES' DISPUTE OF PARENTAGE OF CHILD OF
ASSISTED REPRODUCTION.
581-306. EFFECT OF EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
PARENTS WHICH TRANSFERS CUSTODY AND CONTROL TO ONE
INTENDED PARENT.
581-307. EFFECT OF DEATH OF INTENDED PARENT.
§ 581-301. SCOPE OF ARTICLE. THIS ARTICLE DOES NOT APPLY TO THE BIRTH
OF A CHILD CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.
§ 581-302. STATUS OF DONOR. A DONOR IS NOT A PARENT OF A CHILD
CONCEIVED BY MEANS OF ASSISTED REPRODUCTION.
§ 581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION. (A) AN INDI-
VIDUAL WHO PROVIDES GAMETES FOR ASSISTED REPRODUCTION WITH THE INTENT TO
BE A PARENT OF THE CHILD AND CONSENTS TO ASSISTED REPRODUCTION WITH THE
CONSENT OF THE GESTATING PARENT AS PROVIDED IN SECTION 581-304 OF THIS
PART, IS A PARENT OF THE RESULTING CHILD FOR ALL LEGAL PURPOSES.
(B) UPON APPLICATION BY ANY PARTICIPANT, THE COURT SHALL ISSUE A JUDG-
MENT OF PARENTAGE TO ANY PARTICIPANT WHO IS A PARENT PURSUANT TO THIS
ACT.
§ 581-304. CONSENT TO ASSISTED REPRODUCTION. (A) WHERE THE INTENDED
PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF ASSISTED REPRODUCTION IS A
SPOUSE, THE CONSENT OF BOTH SPOUSES TO THE ASSISTED REPRODUCTION IS
PRESUMED AND NEITHER SPOUSE MAY CHALLENGE THE PARENTAGE OF THE CHILD,
EXCEPT AS PROVIDED IN SECTION 581-305 OF THIS PART.
(B) WHERE THE INTENDED PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF
ASSISTED REPRODUCTION IS NOT A SPOUSE, THE CONSENT TO THE ASSISTED
REPRODUCTION MUST BE IN A RECORD IN SUCH A MANNER AS TO INDICATE THE
MUTUAL AGREEMENT OF THE INTENDED PARENTS TO CONCEIVE AND PARENT A CHILD
TOGETHER.
(C) THE ABSENCE OF A RECORD DESCRIBED IN SUBDIVISION (B) OF THIS
SECTION SHALL NOT PRECLUDE A FINDING THAT SUCH CONSENT EXISTED IF THE
COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT AT THE TIME OF THE
ASSISTED REPRODUCTION THE INTENDED PARENTS AGREED TO CONCEIVE AND PARENT
THE CHILD TOGETHER.
§ 581-305. LIMITATION ON SPOUSES' DISPUTE OF PARENTAGE OF CHILD OF
ASSISTED REPRODUCTION. (A) EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION
(B) OF THIS SECTION, NEITHER SPOUSE MAY CHALLENGE THE PRESUMPTION OF
PARENTAGE OF THE CHILD UNLESS:
(1) WITHIN TWO YEARS AFTER LEARNING OF THE BIRTH OF THE CHILD A
PROCEEDING IS COMMENCED TO ADJUDICATE PARENTAGE; AND
S. 1505--A 206 A. 2005--A
(2) THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT EITHER
SPOUSE DID NOT CONSENT FOR THE NON-GESTATING SPOUSE TO BE A PARENT OF
THE CHILD.
(B) A PROCEEDING FOR A JUDGMENT OF PARENTAGE MAY BE MAINTAINED AT ANY
TIME IF THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT:
(1) THE SPOUSE DID NOT CONSENT TO ASSISTED REPRODUCTION BY THE INDI-
VIDUAL WHO GAVE BIRTH; AND
(2) THE SPOUSE AND THE INDIVIDUAL WHO GAVE BIRTH HAVE NOT COHABITED
SINCE THE SPOUSE KNEW OR HAD REASON TO KNOW OF THE PREGNANCY; AND
(3) THE SPOUSE NEVER OPENLY HELD OUT THE CHILD AS HIS OR HER OWN.
(C) THE LIMITATION PROVIDED IN THIS SECTION APPLIES TO A SPOUSAL
RELATIONSHIP THAT HAS BEEN DECLARED INVALID AFTER ASSISTED REPRODUCTION
OR ARTIFICIAL INSEMINATION.
§ 581-306. EFFECT OF EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
PARENTS WHICH TRANSFERS CUSTODY AND CONTROL TO ONE INTENDED PARENT. (A)
AN EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED PARENTS WITH JOINT
CUSTODY AND CONTROL OF AN EMBRYO SHALL BE BINDING UNDER THE FOLLOWING
CIRCUMSTANCES:
(1) IT IS IN WRITING;
(2) EACH INTENDED PARENT HAD THE ADVICE OF COUNSEL PRIOR TO ITS
EXECUTION; AND
(3) WHERE THE INTENDED PARENTS ARE MARRIED, TRANSFER OF CUSTODY AND
CONTROL OCCURS ONLY UPON DIVORCE.
(B) THE INTENDED PARENT WHO TRANSFERS CUSTODY AND CONTROL OF THE
EMBRYO IS NOT A PARENT OF ANY CHILD BORN FROM THE EMBRYO UNLESS THE
AGREEMENT STATES THAT HE OR SHE CONSENTS TO BE A PARENT.
(C) IF THE INTENDED PARENT TRANSFERRING CUSTODY AND CONTROL CONSENTS
TO BE A PARENT, HE OR SHE MAY WITHDRAW HIS OR HER CONSENT TO BE A PARENT
UPON NOTICE TO THE EMBRYO STORAGE FACILITY AND TO THE OTHER INTENDED
PARENT PRIOR TO TRANSFER OF THE EMBRYO. IF HE OR SHE TIMELY WITHDRAWS
CONSENT TO PARENT HE OR SHE IS NOT A PARENT FOR ANY PURPOSE INCLUDING
SUPPORT OBLIGATIONS BUT THE EMBRYO TRANSFER MAY STILL PROCEED.
(D) AN EMBRYO DISPOSITION AGREEMENT OR ADVANCE DIRECTIVE THAT IS NOT
IN COMPLIANCE WITH SUBDIVISION (A) OF THIS SECTION MAY STILL BE FOUND TO
BE ENFORCEABLE BY THE COURT AFTER BALANCING THE RESPECTIVE INTERESTS OF
THE PARTIES EXCEPT THAT UNDER NO CIRCUMSTANCES MAY THE INTENDED PARENT
WHO DIVESTED HIM OR HERSELF OF CUSTODY AND CONTROL BE DECLARED TO BE A
PARENT FOR ANY PURPOSE WITHOUT HIS OR HER CONSENT. THE PARENT AWARDED
CUSTODY AND CONTROL OF THE EMBRYOS SHALL, IN THIS INSTANCE, BE DECLARED
TO BE THE ONLY PARENT OF THE CHILD.
§ 581-307. EFFECT OF DEATH OF INTENDED PARENT. IF AN INDIVIDUAL WHO
CONSENTED IN A RECORD TO BE A PARENT BY ASSISTED REPRODUCTION DIES
BEFORE THE TRANSFER OF EGGS, SPERM, OR EMBRYOS, THE DECEASED INDIVIDUAL
IS NOT A PARENT OF THE RESULTING CHILD UNLESS THE DECEASED INDIVIDUAL
CONSENTED IN A SIGNED RECORD THAT IF ASSISTED REPRODUCTION WERE TO OCCUR
AFTER DEATH, THE DECEASED INDIVIDUAL WOULD BE A PARENT OF THE CHILD,
PROVIDED THAT THE RECORD COMPLIES WITH THE ESTATES, POWERS AND TRUSTS
LAW.
PART 4
GESTATIONAL AGREEMENT
SECTION 581-401. GESTATIONAL AGREEMENT AUTHORIZED.
581-404. ELIGIBILITY.
581-405. REQUIREMENTS OF GESTATIONAL AGREEMENT.
581-406. TERMINATION OF GESTATIONAL AGREEMENT.
S. 1505--A 207 A. 2005--A
581-407. GESTATIONAL AGREEMENT: EFFECT OF SUBSEQUENT SPOUSAL
RELATIONSHIP.
581-408. FAILURE TO OBTAIN A JUDGMENT OF PARENTAGE.
581-409. DISPUTE AS TO GESTATIONAL AGREEMENT.
581-410. INSPECTION OF RECORDS.
581-411. EXCLUSIVE, CONTINUING JURISDICTION.
§ 581-401. GESTATIONAL AGREEMENT AUTHORIZED. (A) IF ELIGIBLE UNDER
THIS ARTICLE TO ENTER INTO A GESTATIONAL AGREEMENT, A GESTATIONAL CARRI-
ER, THE GESTATIONAL CARRIER'S SPOUSE IF APPLICABLE, AND THE INTENDED
PARENT MAY ENTER INTO A GESTATIONAL AGREEMENT WHICH WILL BE ENFORCEABLE
PROVIDED THE GESTATIONAL AGREEMENT MEETS THE REQUIREMENTS OF THIS ARTI-
CLE.
(B) A GESTATIONAL AGREEMENT SHALL NOT APPLY TO THE BIRTH OF A CHILD
CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.
(C) A GESTATIONAL AGREEMENT MAY PROVIDE FOR PAYMENT OF COMPENSATION
UNDER PART FIVE OF THIS ARTICLE.
(D) A GESTATIONAL AGREEMENT MAY NOT LIMIT THE RIGHT OF THE GESTATIONAL
CARRIER TO MAKE DECISIONS TO SAFEGUARD THE GESTATIONAL CARRIER'S HEALTH
OR THAT OF ANY FETUS OR EMBRYO THE GESTATIONAL CARRIER IS CARRYING.
(E) A GESTATIONAL AGREEMENT MAY NOT LIMIT THE RIGHT OF THE GESTATIONAL
CARRIER TO TERMINATE THE PREGNANCY OR REDUCE THE NUMBER OF FETUSES OR
EMBRYOS THE GESTATIONAL CARRIER IS CARRYING.
§ 581-404. ELIGIBILITY. (A) A GESTATIONAL CARRIER SHALL BE ELIGIBLE
TO ENTER INTO AN ENFORCEABLE GESTATIONAL AGREEMENT UNDER THIS ARTICLE IF
THE GESTATIONAL CARRIER HAS MET THE FOLLOWING REQUIREMENTS AT THE TIME
THE GESTATIONAL AGREEMENT IS EXECUTED:
(1) THE GESTATIONAL CARRIER IS AT LEAST TWENTY-ONE YEARS OF AGE; AND
(2) THE GESTATIONAL CARRIER HAS NOT PROVIDED THE EGG USED TO CONCEIVE
THE RESULTING CHILD; AND
(3) THE GESTATIONAL CARRIER HAS COMPLETED A MEDICAL EVALUATION WITH A
HEALTH CARE PRACTITIONER RELATING TO THE ANTICIPATED PREGNANCY; AND
(4) THE GESTATIONAL CARRIER, AND THE GESTATIONAL CARRIER'S SPOUSE IF
APPLICABLE HAVE UNDERGONE LEGAL CONSULTATION WITH INDEPENDENT LEGAL
COUNSEL OF THEIR OWN CHOOSING WHICH MAY BE PAID FOR BY THE INTENDED
PARENT REGARDING THE TERMS OF THE GESTATIONAL AGREEMENT AND THE POTEN-
TIAL LEGAL CONSEQUENCES OF THE GESTATIONAL CARRIER ARRANGEMENT; AND
(5) THE GESTATIONAL CARRIER HAS, OR THE GESTATIONAL AGREEMENT STIPU-
LATES THAT PRIOR TO THE EMBRYO TRANSFER, THE GESTATIONAL CARRIER WILL
OBTAIN, A HEALTH INSURANCE POLICY THAT COVERS MAJOR MEDICAL TREATMENTS
AND HOSPITALIZATION, AND THE HEALTH INSURANCE POLICY HAS A TERM THAT
EXTENDS THROUGHOUT THE DURATION OF THE EXPECTED PREGNANCY AND FOR EIGHT
WEEKS AFTER THE BIRTH OF THE CHILD; THE POLICY MAY BE PROCURED AND PAID
FOR BY THE INTENDED PARENTS ON BEHALF OF THE GESTATIONAL CARRIER PURSU-
ANT TO THE GESTATIONAL AGREEMENT.
(B) THE INTENDED PARENT SHALL BE ELIGIBLE TO ENTER INTO AN ENFORCEABLE
GESTATIONAL AGREEMENT UNDER THIS ARTICLE IF HE, SHE, OR THEY HAVE MET
THE FOLLOWING REQUIREMENTS AT THE TIME THE GESTATIONAL AGREEMENT WAS
EXECUTED:
(1) HE, SHE, OR THEY HAVE UNDERGONE LEGAL CONSULTATION WITH INDEPEND-
ENT LEGAL COUNSEL REGARDING THE TERMS OF THE GESTATIONAL AGREEMENT AND
THE POTENTIAL LEGAL CONSEQUENCES OF THE GESTATIONAL CARRIER ARRANGEMENT;
AND
(2) HE OR SHE IS AN ADULT PERSON WHO IS NOT IN A SPOUSAL RELATIONSHIP,
OR ADULT SPOUSES TOGETHER, OR ANY TWO ADULTS WHO ARE INTIMATE PARTNERS
TOGETHER, EXCEPT THE SPOUSE OF THE INTENDED PARENT IS NOT REQUIRED TO BE
A PARTY TO THE GESTATIONAL AGREEMENT AND SHALL NOT HAVE PARENTAL RIGHTS
S. 1505--A 208 A. 2005--A
OR OBLIGATIONS TO THE CHILD WHERE THE INTENDED PARENT AND HIS OR HER
SPOUSE:
(I) ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDGMENT OF
SEPARATION OR PURSUANT TO A WRITTEN AGREEMENT OF SEPARATION SUBSCRIBED
BY THE PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM REQUIRED
TO ENTITLE A DEED TO BE RECORDED; OR
(II) HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS
PRIOR TO EXECUTION OF THE GESTATIONAL AGREEMENT.
§ 581-405. REQUIREMENTS OF GESTATIONAL AGREEMENT. (A) A GESTATIONAL
AGREEMENT SHALL BE DEEMED TO HAVE SATISFIED THE REQUIREMENTS OF THIS
ARTICLE AND BE ENFORCEABLE IF IT MEETS THE FOLLOWING REQUIREMENTS:
(1) IT SHALL BE IN A SIGNED RECORD VERIFIED BY:
I. THE INTENDED PARENTS, AND
II. THE GESTATIONAL CARRIER, AND THE GESTATIONAL CARRIER'S SPOUSE,
UNLESS;
A. THE GESTATIONAL CARRIER AND THE GESTATIONAL CARRIER'S SPOUSE ARE
LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDGMENT OF SEPARATION
OR PURSUANT TO A WRITTEN AGREEMENT OF SEPARATION SUBSCRIBED BY THE
PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM REQUIRED TO ENTI-
TLE A DEED TO BE RECORDED; OR
B. HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS PRIOR
TO EXECUTION OF THE GESTATIONAL AGREEMENT; AND
(2) IT SHALL BE EXECUTED PRIOR TO THE EMBRYO TRANSFER; AND
(3) IT SHALL BE EXECUTED BY A GESTATIONAL CARRIER MEETING THE ELIGI-
BILITY REQUIREMENTS OF SUBDIVISION (A) OF SECTION 581-404 OF THIS PART
AND BY THE GESTATIONAL CARRIER'S SPOUSE, UNLESS THE GESTATIONAL CARRI-
ER'S SPOUSE'S SIGNATURE IS NOT REQUIRED AS SET FORTH IN THIS SECTION;
AND
(4) IT SHALL BE EXECUTED BY INTENDED PARENTS MEETING THE ELIGIBILITY
REQUIREMENTS OF SUBDIVISION (B) OF SECTION 581-404 OF THIS PART; AND
(5) THE GESTATIONAL CARRIER AND THE GESTATIONAL CARRIER'S SPOUSE IF
APPLICABLE AND THE INTENDED PARENTS SHALL HAVE BEEN REPRESENTED BY SEPA-
RATE, INDEPENDENT COUNSEL IN ALL MATTERS CONCERNING THE GESTATIONAL
AGREEMENT; AND
(6) IF THE GESTATIONAL AGREEMENT PROVIDES FOR THE PAYMENT OF COMPEN-
SATION TO THE GESTATIONAL CARRIER, THE COMPENSATION SHALL HAVE BEEN
PLACED IN ESCROW WITH AN INDEPENDENT ESCROW AGENT PRIOR TO THE GESTA-
TIONAL CARRIER'S COMMENCEMENT OF ANY MEDICAL PROCEDURE OTHER THAN
MEDICAL EVALUATIONS NECESSARY TO DETERMINE THE GESTATIONAL CARRIER'S
ELIGIBILITY; AND
(7) THE AGREEMENT MUST INCLUDE INFORMATION DISCLOSING HOW THE INTENDED
PARENTS WILL COVER THE MEDICAL EXPENSES OF THE SURROGATE AND THE CHILD.
IF HEALTH CARE COVERAGE IS USED TO COVER THE MEDICAL EXPENSES, THE
DISCLOSURE SHALL INCLUDE A REVIEW OF THE HEALTH CARE POLICY PROVISIONS
RELATED TO COVERAGE FOR SURROGATE PREGNANCY, INCLUDING ANY POSSIBLE
LIABILITY OF THE SURROGATE, THIRD-PARTY LIABILITY LIENS OR OTHER INSUR-
ANCE COVERAGE, AND ANY NOTICE REQUIREMENTS THAT COULD AFFECT COVERAGE OR
LIABILITY OF THE SURROGATE.
(8) THE GESTATIONAL AGREEMENT MUST INCLUDE THE FOLLOWING TERMS:
(I) AS TO THE GESTATIONAL CARRIER AND THE GESTATIONAL CARRIER'S
SPOUSE, IF ANY:
(A) THE AGREEMENT OF THE GESTATIONAL CARRIER TO UNDERGO EMBRYO TRANS-
FER AND ATTEMPT TO CARRY AND GIVE BIRTH TO THE CHILD; AND
(B) THE AGREEMENT OF THE GESTATIONAL CARRIER AND THE GESTATIONAL
CARRIER'S SPOUSE, IF ANY, TO SURRENDER CUSTODY OF ALL RESULTING CHILDREN
TO THE INTENDED PARENT IMMEDIATELY UPON THE BIRTH; AND
S. 1505--A 209 A. 2005--A
(C) THE RIGHT OF THE GESTATIONAL CARRIER TO UTILIZE THE SERVICES OF A
HEALTH CARE PRACTITIONER OF THE GESTATIONAL CARRIER'S CHOOSING, TO
PROVIDE HER CARE DURING THE PREGNANCY; AND
(II) AS TO THE INTENDED PARENT:
(A) THE AGREEMENT TO ACCEPT CUSTODY OF ALL RESULTING CHILDREN IMME-
DIATELY UPON BIRTH REGARDLESS OF NUMBER, GENDER, OR MENTAL OR PHYSICAL
CONDITION; AND
(B) THE AGREEMENT TO ASSUME SOLE RESPONSIBILITY FOR THE SUPPORT OF THE
CHILD IMMEDIATELY UPON THE CHILD'S BIRTH; AND
(C) THE AGREEMENT THAT THE RIGHTS AND OBLIGATIONS OF THE INTENDED
PARENT UNDER THE GESTATIONAL AGREEMENT ARE NOT ASSIGNABLE.
§ 581-406. TERMINATION OF GESTATIONAL AGREEMENT. AFTER THE EXECUTION
OF A GESTATIONAL AGREEMENT BUT BEFORE THE GESTATIONAL CARRIER BECOMES
PREGNANT BY MEANS OF ASSISTED REPRODUCTION, THE GESTATIONAL CARRIER, THE
GESTATIONAL CARRIER'S SPOUSE, IF ANY, OR ANY INTENDED PARENT MAY TERMI-
NATE THE GESTATIONAL AGREEMENT BY GIVING NOTICE OF TERMINATION IN A
RECORD TO ALL OTHER PARTIES. UPON PROPER TERMINATION OF THE GESTATIONAL
AGREEMENT THE PARTIES ARE RELEASED FROM ALL OBLIGATIONS RECITED IN THE
AGREEMENT EXCEPT THAT THE INTENDED PARENT REMAINS RESPONSIBLE FOR ALL
EXPENSES THAT ARE REIMBURSABLE UNDER THE AGREEMENT WHICH HAVE BEEN
INCURRED BY THE GESTATIONAL CARRIER THROUGH THE DATE OF TERMINATION.
UNLESS THE AGREEMENT PROVIDES OTHERWISE, THE GESTATIONAL CARRIER IS
ENTITLED TO KEEP ALL PAYMENTS SHE HAS RECEIVED AND OBTAIN ALL PAYMENTS
TO WHICH THE GESTATIONAL CARRIER IS ENTITLED. NEITHER A PROSPECTIVE
GESTATIONAL CARRIER NOR THE GESTATIONAL CARRIER'S SPOUSE, IF ANY, IS
LIABLE TO THE INTENDED PARENT FOR TERMINATING A GESTATIONAL AGREEMENT AS
PROVIDED IN THIS SECTION.
§ 581-407. GESTATIONAL AGREEMENT: EFFECT OF SUBSEQUENT SPOUSAL
RELATIONSHIP. AFTER THE EXECUTION OF A GESTATIONAL AGREEMENT UNDER THIS
ARTICLE, THE SUBSEQUENT SPOUSAL RELATIONSHIP OF THE GESTATIONAL CARRIER
DOES NOT AFFECT THE VALIDITY OF A GESTATIONAL AGREEMENT, THE GESTATIONAL
CARRIER'S SPOUSE'S CONSENT TO THE AGREEMENT SHALL NOT BE REQUIRED, AND
THE GESTATIONAL CARRIER'S SPOUSE SHALL NOT BE THE PRESUMED PARENT OF THE
RESULTING CHILD.
§ 581-408. FAILURE TO OBTAIN A JUDGMENT OF PARENTAGE. WHERE AN
INTENDED PARENT OR THE GESTATIONAL CARRIER FAILS TO OBTAIN A JUDGMENT OF
PARENTAGE PURSUANT TO SECTION 581-203 OF THIS ARTICLE, EITHER BECAUSE
THE GESTATIONAL AGREEMENT DOES NOT MEET THE REQUIREMENTS OF THIS ARTICLE
OR THERE WAS NO GESTATIONAL AGREEMENT, THE PARENTAGE OF A CHILD WILL BE
DETERMINED BASED ON THE BEST INTERESTS OF THE CHILD TAKING INTO ACCOUNT
GENETICS AND THE INTENT OF THE PARTIES. AN INTENDED PARENT'S ABSENCE OF
GENETIC CONNECTION TO THE CHILD IS NOT A SUFFICIENT BASIS TO DENY THAT
INDIVIDUAL A JUDGMENT OF LEGAL PARENTAGE.
§ 581-409. DISPUTE AS TO GESTATIONAL AGREEMENT. (A) ANY DISPUTE WHICH
IS RELATED TO A GESTATIONAL AGREEMENT OTHER THAN DISPUTES AS TO PARENT-
AGE SHALL BE RESOLVED BY THE SUPREME COURT, WHICH SHALL DETERMINE THE
RESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES. IF A GESTATIONAL
AGREEMENT DOES NOT MEET THE REQUIREMENTS OF THIS ARTICLE, EXCEPT AS SET
FORTH IN SUBDIVISION (D) OF SECTION 581-203 OF PART TWO OF THIS ARTICLE
THE AGREEMENT IS NOT ENFORCEABLE.
(B) EXCEPT AS EXPRESSLY PROVIDED IN THE GESTATIONAL AGREEMENT, THE
INTENDED PARENT AND THE GESTATIONAL CARRIER SHALL BE ENTITLED TO ALL
REMEDIES AVAILABLE AT LAW OR EQUITY IN ANY DISPUTE RELATED TO THE GESTA-
TIONAL AGREEMENT.
(C) THERE SHALL BE NO SPECIFIC PERFORMANCE REMEDY AVAILABLE FOR A
BREACH BY THE GESTATIONAL CARRIER OF A GESTATIONAL AGREEMENT TERM THAT
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REQUIRES THE GESTATIONAL CARRIER TO BE IMPREGNATED OR TO TERMINATE THE
PREGNANCY OR TO REDUCE THE NUMBER OF FETUSES OR EMBRYOS THE GESTATIONAL
CARRIER IS CARRYING.
§ 581-410. INSPECTION OF RECORDS. THE PROCEEDINGS, RECORDS, AND IDEN-
TITIES OF THE INDIVIDUAL PARTIES TO A GESTATIONAL AGREEMENT UNDER THIS
ARTICLE SHALL BE SEALED EXCEPT UPON THE PETITION OF THE PARTIES TO THE
GESTATIONAL AGREEMENT OR THE CHILD BORN AS A RESULT OF THE GESTATIONAL
CARRIER ARRANGEMENT.
§ 581-411. EXCLUSIVE, CONTINUING JURISDICTION. SUBJECT TO THE JURIS-
DICTIONAL STANDARDS OF SECTION SEVENTY-SIX OF THE DOMESTIC RELATIONS
LAW, THE COURT CONDUCTING A PROCEEDING UNDER THIS ARTICLE HAS EXCLUSIVE,
CONTINUING JURISDICTION OF ALL MATTERS ARISING OUT OF THE GESTATIONAL
AGREEMENT UNTIL A CHILD BORN TO THE GESTATIONAL CARRIER DURING THE PERI-
OD GOVERNED BY THE AGREEMENT ATTAINS THE AGE OF ONE HUNDRED EIGHTY DAYS.
PART 5
PAYMENT TO DONORS AND GESTATIONAL CARRIERS
SECTION 581-501. REIMBURSEMENT.
581-502. COMPENSATION.
§ 581-501. REIMBURSEMENT. (A) A DONOR WHO HAS ENTERED INTO A VALID
AGREEMENT TO BE A DONOR, MAY RECEIVE REIMBURSEMENT FROM AN INTENDED
PARENT FOR ECONOMIC LOSSES INCURRED IN CONNECTION WITH THE DONATION
WHICH RESULT FROM THE RETRIEVAL OR STORAGE OF GAMETES OR EMBRYOS.
(B) PREMIUMS PAID FOR INSURANCE AGAINST ECONOMIC LOSSES DIRECTLY
RESULTING FROM THE RETRIEVAL OR STORAGE OF GAMETES OR EMBRYOS FOR
DONATION MAY BE REIMBURSED.
§ 581-502. COMPENSATION. (A) COMPENSATION MAY BE PAID TO A DONOR OR
GESTATIONAL CARRIER BASED ON SERVICES RENDERED, EXPENSES AND OR MEDICAL
RISKS THAT HAVE BEEN OR WILL BE INCURRED, TIME, AND INCONVENIENCE. UNDER
NO CIRCUMSTANCES MAY COMPENSATION BE PAID TO PURCHASE GAMETES OR EMBRYOS
OR TO PAY FOR THE RELINQUISHMENT OF A PARENTAL INTEREST IN A CHILD.
(B) THE COMPENSATION, IF ANY, PAID TO A DONOR OR GESTATIONAL CARRIER
MUST BE REASONABLE AND NEGOTIATED IN GOOD FAITH BETWEEN THE PARTIES, AND
SAID PAYMENTS TO A GESTATIONAL CARRIER SHALL NOT EXCEED THE DURATION OF
THE PREGNANCY AND RECUPERATIVE PERIOD OF UP TO EIGHT WEEKS AFTER THE
BIRTH OF THE CHILD.
(C) COMPENSATION MAY NOT BE CONDITIONED UPON THE PURPORTED QUALITY OR
GENOME-RELATED TRAITS OF THE GAMETES OR EMBRYOS.
(D) COMPENSATION MAY NOT BE CONDITIONED ON ACTUAL GENOTYPIC OR PHENO-
TYPIC CHARACTERISTICS OF THE DONOR OR OF THE CHILD.
PART 6
MISCELLANEOUS PROVISIONS
SECTION 581-601. REMEDIAL.
581-602. SEVERABILITY.
581-603. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS
LAW.
581-604. INTERPRETATION.
§ 581-601. REMEDIAL. THIS LEGISLATION IS HEREBY DECLARED TO BE A
REMEDIAL STATUTE AND IS TO BE CONSTRUED LIBERALLY TO SECURE THE BENEFI-
CIAL INTERESTS AND PURPOSES THEREOF FOR THE BEST INTERESTS OF THE CHILD.
§ 581-602. SEVERABILITY. THE INVALIDATION OF ANY PART OF THIS LEGIS-
LATION BY A COURT OF COMPETENT JURISDICTION SHALL NOT RESULT IN THE
INVALIDATION OF ANY OTHER PART.
§ 581-603. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW.
THE TERM "PARENT" IN SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW SHALL
S. 1505--A 211 A. 2005--A
INCLUDE A PERSON ESTABLISHED TO BE A PARENT UNDER THIS ARTICLE OR ANY
OTHER RELEVANT LAW.
§ 581-604. INTERPRETATION. UNLESS THE CONTEXT INDICATES OTHERWISE,
WORDS IMPORTING THE SINGULAR INCLUDE AND APPLY TO SEVERAL PERSONS,
PARTIES, OR THINGS; WORDS IMPORTING THE PLURAL INCLUDE THE SINGULAR.
§ 2. Section 73 of the domestic relations law is REPEALED.
§ 3. Article 8 of the domestic relations law is REPEALED.
§ 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made on or
before such date.
PART RR
Section 1. The executive law is amended by adding a new section 63-e
to read as follows:
§ 63-E. OFFICE OF SPECIAL INVESTIGATION. THERE IS ESTABLISHED WITHIN
THE DEPARTMENT OF LAW AN OFFICE OF SPECIAL INVESTIGATION. NOTWITHSTAND-
ING ANY OTHER PROVISION OF THIS ARTICLE, THE OFFICE SHALL INVESTIGATE
ANY CASE IN WHICH THE DEATH OF AN UNARMED CIVILIAN IS CAUSED BY A POLICE
OFFICER DURING THE PERFORMANCE OF HIS OR HER DUTIES. PROCEEDINGS OF THE
OFFICE UNDER THIS SECTION SHALL BE CONDUCTED BY THE DEPUTY ATTORNEY
GENERAL FOR SPECIAL INVESTIGATION, WHO MAY APPEAR IN PERSON OR BY HIS OR
HER DEPUTY OR ASSISTANT BEFORE ANY COURT OR GRAND JURY AND EXERCISE ALL
OF THE POWERS AND PERFORM ALL OF THE DUTIES WITH RESPECT TO SUCH ACTIONS
OR PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED
OR REQUIRED TO EXERCISE OR PERFORM. WHERE AN INVESTIGATION REQUIRED
UNDER THIS SECTION INVOLVES THE STATE POLICE, THE ATTORNEY GENERAL SHALL
APPOINT AN INDEPENDENT SPECIAL PROSECUTOR TO CONDUCT SUCH INVESTIGATION.
IN ALL PROCEEDINGS OF THE OFFICE UNDER THIS SECTION, ALL EXPENSES
INCURRED BY THE ATTORNEY GENERAL, INCLUDING THE SALARY OR OTHER COMPEN-
SATION OF ALL DEPUTIES EMPLOYED, SHALL BE CHARGED AS PROVIDED FOR UNDER
SUBDIVISION TWO OF SECTION SIXTY-THREE OF THIS ARTICLE.
§ 2. The executive law is amended by adding a new section 837-t to
read as follows:
§ 837-T. USE OF FORCE REPORTING. THE CHIEF OF EVERY POLICE DEPARTMENT,
EACH COUNTY SHERIFF, AND THE SUPERINTENDENT OF STATE POLICE SHALL
REPORT, TO THE DIVISION IN A FORM AND MANNER AS DEFINED BY THE DIVISION,
ANY INCIDENT WHERE A POLICE OFFICER, AS DEFINED IN SUBDIVISION THIRTY-
FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW OR A PEACE OFFICER AS
DEFINED IN SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW, DISCHARGES A
FIREARM IN THE DIRECTION OF ANOTHER PERSON, OR WHERE HIS OR HER ACTION
RESULTS IN THE DEATH OR SERIOUS BODILY INJURY OF ANOTHER PERSON. SERIOUS
BODILY INJURY IS DEFINED AS BODILY INJURY THAT INVOLVES A SUBSTANTIAL
RISK OF DEATH, UNCONSCIOUSNESS, PROTRACTED AND OBVIOUS DISFIGUREMENT, OR
PROTRACTED LOSS OF IMPAIRMENT OF THE FUNCTION OF A BODILY MEMBER, ORGAN
OR MENTAL FACULTY.
§ 3. Subdivision 4 of section 840 of the executive law is amended by
adding a new paragraph (d) to read as follows:
(D) ESTABLISH A MODEL LAW ENFORCEMENT USE OF FORCE POLICY SUITABLE FOR
ADOPTION BY ANY LAW ENFORCEMENT AGENCY THROUGHOUT THE STATE. THE USE OF
FORCE POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION ON
CURRENT LAW AS IT RELATES TO USE OF FORCE AND ACTS OR TECHNIQUES A
POLICE OFFICER OR PEACE OFFICER MAY NOT USE IN THE COURSE OF ACTING IN
HIS OR HER OFFICIAL CAPACITY. THE CHIEF OF EVERY LOCAL POLICE DEPART-
S. 1505--A 212 A. 2005--A
MENT, EACH COUNTY SHERIFF, AND THE SUPERINTENDENT OF STATE POLICE SHALL
IMPLEMENT A USE OF FORCE POLICY. THE USE OF FORCE POLICY SHOULD BE
CONSISTENT WITH THE MODEL LAW ENFORCEMENT POLICY AS REQUIRED BY THIS
SECTION EXCEPT THAT A DEPARTMENT SHALL NOT BE LIMITED FROM IMPOSING
FURTHER RESTRICTIONS ON THE USE OF FORCE.
§ 4. This act shall take effect immediately.
PART SS
Section 1. Subdivision (a) of section 8019 of the civil practice law
and rules, as amended by chapter 773 of the laws of 1965, is amended to
read as follows:
(a) Application. The fees of a county clerk specified in this article
shall supersede the fees allowed by any other statute for the same
services, except in so far as the administrative code of the city of New
York sets forth different fees for the city register of the city of New
York and the county clerk of Richmond, and except that such fees do not
include the block fees as set out in the Nassau county administrative
code OR THE RECORDING AND FILING FEES AS SET OUT IN THE SUFFOLK COUNTY
ADMINISTRATIVE CODE, which are to be charged in addition to the fees
specified in this article. This subdivision does not apply to the fees
specified in subdivision (f) of section 8021.
§ 2. Subparagraph (b) of paragraph 1 of subdivision (f) of section
8021 of the civil practice law and rules, as amended by chapter 784 of
the laws of 1983, is amended to read as follows:
(b) if the real estate is in the city of New York or the [county]
COUNTIES of SUFFOLK OR Nassau, any block fees allowed by the administra-
tive code of the city of New York or the Nassau county administrative
code OR ANY RECORDING AND FILING FEES ALLOWED BY THE SUFFOLK COUNTY
ADMINISTRATIVE CODE;
§ 3. This act shall take effect immediately.
PART TT
Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
the correction law, the governor is authorized to close up to three
correctional facilities of the department of corrections and community
supervision, in state fiscal year 2019-2020, as he determines to be
necessary for the cost-effective and efficient operation of the correc-
tional system, provided that the governor provides at least 60 days
notice prior to any such closures to the temporary president of the
senate and the speaker of the assembly.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2019 and shall
expire and be deemed repealed March 31, 2020.
PART UU
Section 1. Sections 2.10 and 2.16 of the criminal procedure law are
REPEALED and a new section 2.10 is added to read as follows:
§ 2.10 PERSONS DESIGNATED AS PEACE OFFICERS.
1. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
OR CHARTER TO THE CONTRARY, THE FOLLOWING PERSONS SHALL HAVE THE POWERS
OF, AND SHALL BE PEACE OFFICERS AND SHALL HAVE THE AUTHORITY TO CARRY,
POSSESS, REPAIR, OR DISPOSE OF A FIREARM WITHOUT AN APPROPRIATE LICENSE
THEREFOR ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW, AND
S. 1505--A 213 A. 2005--A
PROVIDED THAT SUCH PERSON SHALL EXERCISE THE POWERS OF A PEACE OFFICER
ONLY WHEN HE OR SHE IS ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES:
(A) PAROLE OFFICERS AND WARRANT OFFICERS.
(B) PROBATION OFFICERS.
(C) OFFICIALS OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION AND CORRECTION OFFICERS OF ANY STATE CORRECTIONAL FACILITY,
APPOINTED AND DESIGNATED BY THE COMMISSIONER AS A PEACE OFFICER;
CORRECTION OFFICERS OF ANY PENAL CORRECTIONAL INSTITUTION APPOINTED AND
DESIGNATED BY THE SHERIFF OF A COUNTY AS A PEACE OFFICER; AND CELL BLOCK
ATTENDANTS EMPLOYED BY A POLICE DEPARTMENT APPOINTED AND DESIGNATED BY
THE HEAD OF A POLICE DEPARTMENT AS A PEACE OFFICER.
(D) UNIFORMED COURT OFFICERS, COURT CLERKS, MARSHALLS, AND DEPUTY
MARSHALLS OF THE UNIFIED COURT SYSTEM; COURT SECURITY OFFICERS, MARS-
HALLS OR COURT ATTENDANTS APPOINTED AND DESIGNATED AS PEACE OFFICERS BY
A CITY, TOWN, VILLAGE OR SHERIFF.
(E) BRIDGE AND TUNNEL OFFICERS, SERGEANTS AND LIEUTENANTS OF THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY.
(F) THE SHERIFF, UNDERSHERIFF, AND DEPUTY SHERIFFS OF THE CITY OF NEW
YORK AND SWORN OFFICERS OF THE WESTCHESTER COUNTY DEPARTMENT OF PUBLIC
SAFETY SERVICES APPOINTED AFTER JANUARY THIRTY-FIRST, NINETEEN HUNDRED
EIGHTY-THREE TO THE TITLE OF PUBLIC SAFETY OFFICER AND WHO PERFORMS THE
FUNCTIONS PREVIOUSLY PERFORMED BY A WESTCHESTER COUNTY DEPUTY SHERIFF ON
OR PRIOR TO SUCH DATE.
2. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
OR CHARTER TO THE CONTRARY, THE FOLLOWING PERSONS SHALL HAVE THE POWERS
OF, AND SHALL BE PEACE OFFICERS, PROVIDED HOWEVER THAT NOTHING IN THIS
SUBDIVISION SHALL BE DEEMED TO AUTHORIZE SUCH OFFICERS TO CARRY,
POSSESS, REPAIR OR DISPOSE OF A FIREARM UNLESS THE APPROPRIATE LICENSE
THEREFOR HAS BEEN ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW
UNLESS SUCH PERSON WAS APPOINTED PRIOR TO THE EFFECTIVE DATE OF THIS
ACT, AND PROVIDED THAT SUCH PERSON SHALL EXERCISE THE POWERS OF A PEACE
OFFICER ONLY WHEN HE OR SHE IS ACTING PURSUANT TO HIS OR HER SPECIAL
DUTIES:
(A) CONSTABLES OR POLICE CONSTABLES OF A TOWN OR VILLAGE, PROVIDED
SUCH DESIGNATION IS NOT INCONSISTENT WITH LOCAL LAW AND APPOINTED AND
DESIGNATED BY THE TOWN OR VILLAGE AS PEACE OFFICERS.
(B) BAY CONSTABLES OF THE VILLAGE OF MAMARONECK AND THE TOWNS OF HEMP-
STEAD, OYSTER BAY, SOUTH HAMPTON, NORTH HEMPSTEAD AND ISLIP WHO PRIOR TO
APRIL THIRD, NINETEEN HUNDRED NINETY-EIGHT SERVED AS HARBORMASTER FOR
SUCH TOWN AND WHOSE POSITION WAS RECLASSIFIED AS BAY CONSTABLE FOR SUCH
TOWN PRIOR TO SUCH DATE, APPOINTED AND DESIGNATED BY THE TOWN AS PEACE
OFFICERS.
(C) HARBOR MASTERS APPOINTED AND DESIGNATED BY A COUNTY, CITY, TOWN OR
VILLAGE AS PEACE OFFICERS.
(D) OFFICERS OR AGENTS OF A DULY INCORPORATED SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS.
(E) PERSONS EMPLOYED BY A STATE OR COUNTY OR POLITICAL SUBDIVISION OF
THE STATE OR COUNTY ASSIGNED TO THE INVESTIGATION AND ENFORCEMENT OF ANY
CRIMINAL OR TAX LAW AND DESIGNATED BY THE STATE OR COUNTY SUBDIVISION AS
A PEACE OFFICER.
(F) UNIFORMED HOUSING GUARDS OF THE BUFFALO MUNICIPAL HOUSING AUTHORI-
TY.
(G) PERSONS APPOINTED AND DESIGNATED AS PEACE OFFICERS BY THE NIAGARA
FRONTIER TRANSPORTATION AUTHORITY, PURSUANT TO SUBDIVISION THIRTEEN OF
SECTION TWELVE HUNDRED NINETY-NINE-E OF THE PUBLIC AUTHORITIES LAW.
S. 1505--A 214 A. 2005--A
3. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
OR CHARTER TO THE CONTRARY, THE FOLLOWING PERSONS SHALL HAVE THE POWERS
OF, AND SHALL BE PEACE OFFICERS PROVIDED HOWEVER THAT NOTHING IN THIS
SUBDIVISION SHALL BE DEEMED TO AUTHORIZE SUCH OFFICERS TO CARRY,
POSSESS, REPAIR OR DISPOSE OF A FIREARM UNLESS THE APPROPRIATE LICENSE
THEREFOR HAS BEEN ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW AND
THE EMPLOYER HAS AUTHORIZED SUCH OFFICER TO POSSESS A FIREARM DURING ANY
PHASE OF THE OFFICER'S ON-DUTY EMPLOYMENT AND PROVIDED THAT SUCH PERSON
SHALL EXERCISE THE POWERS OF A PEACE OFFICER ONLY WHEN HE OR SHE IS
ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES:
(A) SUPERVISING FIRE INSPECTORS, FIRE INSPECTORS, FIRE MARSHALLS,
CHIEF FIRE MARSHALLS, AND ASSISTANT FIRE MARSHALLS, FIRE PREVENTION
EMPLOYEES, FIRE INVESTIGATORS EMPLOYED BY AND APPOINTED AND DESIGNATED
AS A PEACE OFFICER BY THE STATE, A COUNTY, CITY, TOWN, VILLAGE OR FIRE
DISTRICT WHEN ACTING PURSUANT TO THEIR SPECIAL DUTIES IN MATTERS ARISING
UNDER THE LAWS RELATING TO FIRES, THE EXTINGUISHMENT THEREOF AND FIRE
PERILS.
(B) PERSONS EMPLOYED BY A COLLEGE, UNIVERSITY, SHERIFF OR POLICE
DEPARTMENT AS MEMBERS OF THE SECURITY FORCE OF SUCH COLLEGE OR UNIVERSI-
TY FOR THE PROTECTION OF GROUNDS, BUILDINGS, AND PROPERTY, THE
PREVENTION OF CRIME AND ENFORCEMENT OF LAW AND ORDER AND THE ENFORCEMENT
OF SUCH RULES AND REGULATIONS OF SUCH COLLEGE OR UNIVERSITY WHEN DESIG-
NATED BY THE COLLEGE OR UNIVERSITY AS A PEACE OFFICER. THE GEOGRAPHIC
AREA OF EMPLOYMENT FOR PEACE OFFICERS EMPLOYED BY THE UNIVERSITY OF
ROCHESTER SHALL INCLUDE ANY PUBLIC STREET AND SIDEWALK THAT ABUTS THE
GROUNDS, BUILDINGS OR PROPERTY OF SUCH UNIVERSITY. SPECIAL DEPUTY SHER-
IFFS APPOINTED BY THE SHERIFF OF TOMPKINS COUNTY FOR THE PROTECTION OF
THE GROUNDS, BUILDINGS AND PROPERTY OF ITHACA COLLEGE MAY, WHEN
REQUESTED BY THE SHERIFF, PROVIDE ASSISTANCE ON ANY PUBLIC HIGHWAY WHICH
CROSSES OR ADJOINS SUCH PROPERTY. SYRACUSE UNIVERSITY PEACE OFFICERS
APPOINTED BY THE CHIEF LAW ENFORCEMENT OFFICER OF THE CITY OF SYRACUSE
FOR THE PROTECTION OF THE GROUNDS, BUILDINGS AND PROPERTY OF SYRACUSE
UNIVERSITY MAY, WHEN REQUESTED BY THE CHIEF LAW ENFORCEMENT OFFICER OF
THE CITY OF SYRACUSE OR HIS OR HER DESIGNEE, INCLUDING BY MEANS OF WRIT-
TEN PROTOCOLS AGREED TO BY THE CHIEF LAW ENFORCEMENT OFFICER OF THE CITY
OF SYRACUSE AND SYRACUSE UNIVERSITY, PROVIDE ASSISTANCE ON ANY PUBLIC
HIGHWAY WHICH CROSSES OR ADJOINS SUCH GROUNDS OR PREMISES. NOTHING IN
THIS PARAGRAPH SHALL BE DEEMED TO LIMIT ANY OF THE SPECIFIC TRAINING
REQUIREMENTS SET FORTH IN THE EDUCATION LAW.
(C) PAROLE REVOCATION SPECIALISTS IN THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION.
(D) THE STATE INSPECTOR GENERAL AND INVESTIGATORS DESIGNATED BY THE
STATE INSPECTOR GENERAL.
(E) THE WELFARE INSPECTOR GENERAL AND INVESTIGATORS DESIGNATED BY THE
WELFARE INSPECTOR GENERAL.
(F) THE WORKERS' COMPENSATION FRAUD INSPECTOR GENERAL AND INVESTI-
GATORS DESIGNATED BY THE WORKERS' COMPENSATION FRAUD INSPECTOR GENERAL.
(G) PARKS, RECREATION, OR FOREST RANGERS EMPLOYED BY AND APPOINTED AND
DESIGNATED AS PEACE OFFICERS BY THE STATE, A COUNTY OR A POLITICAL
SUBDIVISION OF THE STATE OR COUNTY.
(H) OFFICERS OR AGENTS OF A DULY INCORPORATED SOCIETY FOR THE
PREVENTION OF CRUELTY TO CHILDREN IN ROCKLAND COUNTY.
(I) SPECIAL POLICEMEN DESIGNATED BY THE COMMISSIONER AND THE DIRECTORS
OF IN-PATIENT FACILITIES IN THE OFFICE OF MENTAL HEALTH PURSUANT TO
SECTION 7.25 OF THE MENTAL HYGIENE LAW, AND SPECIAL POLICEMEN DESIGNATED
BY THE COMMISSIONER AND THE DIRECTORS OF FACILITIES UNDER HIS JURISDIC-
S. 1505--A 215 A. 2005--A
TION IN THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES PURSUANT
TO SECTION 13.25 OF THE MENTAL HYGIENE LAW.
(J) PERSONS DESIGNATED AS SPECIAL POLICEMEN BY THE DIRECTOR OF A
HOSPITAL IN THE DEPARTMENT OF HEALTH PURSUANT TO SECTION FOUR HUNDRED
FIFTY-FIVE OF THE PUBLIC HEALTH LAW.
(K) UNIFORMED ENFORCEMENT FORCES OF THE NEW YORK STATE THRUWAY AUTHOR-
ITY, WHEN ACTING PURSUANT TO SUBDIVISION TWO OF SECTION THREE HUNDRED
SIXTY-ONE OF THE PUBLIC AUTHORITIES LAW.
(L) EMPLOYEES OF THE DEPARTMENT OF HEALTH DESIGNATED PURSUANT TO
SECTION THIRTY-THREE HUNDRED EIGHTY-FIVE OF THE PUBLIC HEALTH LAW.
(M) BAY CONSTABLES OF THE CITY OF RYE, THE VILLAGE OF SOUTH NYACK AND
BAY CONSTABLES OF THE TOWNS OF EAST HAMPTON, RIVERHEAD, SOUTHOLD, ISLIP,
SHELTER ISLAND, BROOKHAVEN, BABYLON, SMITHTOWN AND HUNTINGTON APPOINTED
AND DESIGNATED BY THE TOWN, CITY OR VILLAGE AS PEACE OFFICERS.
(N) PATROLMEN APPOINTED AND DESIGNATED BY THE LAKE GEORGE PARK COMMIS-
SION AS PEACE OFFICERS.
(O) PEACE OFFICERS APPOINTED AND DESIGNATED PURSUANT TO THE PROVISIONS
OF THE NEW YORK STATE DEFENSE EMERGENCY ACT, AS SET FORTH IN CHAPTER
SEVEN HUNDRED EIGHTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY-ONE, AS
AMENDED, WHEN ACTING PURSUANT TO THEIR SPECIAL DUTIES DURING A PERIOD OF
ATTACK OR IMMINENT ATTACK BY ENEMY FORCES, OR DURING OFFICIAL DRILLS
CALLED TO COMBAT NATURAL OR MAN-MADE DISASTERS, OR DURING OFFICIAL
DRILLS IN PREPARATION FOR AN ATTACK BY ENEMY FORCES OR IN PREPARATION
FOR A NATURAL OR MAN-MADE DISASTER; PROVIDED THAT SUCH OFFICER SHALL
HAVE THE POWERS SET FORTH IN SECTION 2.20 OF THIS ARTICLE ONLY DURING A
PERIOD OF IMMINENT OR ACTUAL ATTACK BY ENEMY FORCES AND DURING DRILLS
AUTHORIZED UNDER SECTION TWENTY-NINE-B OF THE EXECUTIVE LAW, PROVIDING
FOR THE USE OF CIVIL DEFENSE FORCES IN DISASTERS. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, SUCH OFFICERS SHALL HAVE THE POWER TO DIRECT AND
CONTROL TRAFFIC DURING OFFICIAL DRILLS IN PREPARATION FOR AN ATTACK BY
ENEMY FORCES OR IN PREPARATION FOR COMBATING NATURAL OR MAN-MADE DISAS-
TERS; HOWEVER, THIS GRANT DOES NOT INCLUDE ANY OF THE OTHER POWERS SET
FORTH IN SECTION 2.20 OF THIS ARTICLE.
(P) NEW YORK CITY SPECIAL PATROLMEN APPOINTED BY THE POLICE COMMIS-
SIONER PROVIDED, HOWEVER, THAT NOTHING IN THIS PARAGRAPH SHALL BE DEEMED
TO AUTHORIZE SUCH OFFICER TO CARRY A FIREARM FOR WHICH THE APPROPRIATE
LICENSE THEREFOR HAS BEEN ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL
LAW UNLESS THE EMPLOYER HAS AUTHORIZED SUCH OFFICER TO POSSESS A FIREARM
DURING ANY PHASE OF THE OFFICERS ON-DUTY EMPLOYMENT. SPECIAL PATROLMEN
SHALL HAVE THE POWERS SET FORTH IN SECTION 2.20 OF THIS ARTICLE ONLY
WHEN THEY ARE ACTING PURSUANT TO THEIR SPECIAL DUTIES; PROVIDED, HOWEV-
ER, THAT THE FOLLOWING CATEGORIES OF NEW YORK CITY SPECIAL PATROLMEN
SHALL HAVE SUCH POWERS WHETHER OR NOT THEY ARE ACTING PURSUANT TO THEIR
SPECIAL DUTIES: SCHOOL SAFETY OFFICERS EMPLOYED BY THE BOARD OF EDUCA-
TION OF THE CITY OF NEW YORK; PARKING CONTROL SPECIALISTS, TAXI AND
LIMOUSINE INSPECTORS, URBAN PARK RANGERS AND EVIDENCE AND PROPERTY
CONTROL SPECIALISTS EMPLOYED BY THE CITY OF NEW YORK; AND FURTHER
PROVIDED THAT, WITH RESPECT TO THE AFOREMENTIONED CATEGORIES OF NEW YORK
CITY SPECIAL PATROLMEN, WHERE SUCH A SPECIAL PATROLMAN HAS BEEN
APPOINTED BY THE POLICE COMMISSIONER AND, UPON THE EXPIRATION OF SUCH
APPOINTMENT THE POLICE COMMISSIONER HAS NEITHER RENEWED SUCH APPOINTMENT
NOR EXPLICITLY DETERMINED THAT SUCH APPOINTMENT SHALL NOT BE RENEWED,
SUCH APPOINTMENT SHALL REMAIN IN FULL FORCE AND EFFECT INDEFINITELY,
UNTIL SUCH TIME AS THE POLICE COMMISSIONER EXPRESSLY DETERMINES TO
EITHER RENEW OR TERMINATE SUCH APPOINTMENT.
S. 1505--A 216 A. 2005--A
(Q) ALL OFFICERS AND MEMBERS OF THE UNIFORMED FORCE OF THE NEW YORK
CITY FIRE DEPARTMENT AS SET FORTH AND SUBJECT TO ANY LIMITATIONS
CONTAINED IN THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
(R) SPECIAL POLICEMEN FOR HORSE RACING, APPOINTED AND DESIGNATED
PURSUANT TO SECTIONS TWO HUNDRED TWENTY-THREE, THREE HUNDRED TWELVE AND
FOUR HUNDRED TWELVE OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING
LAW.
(S) WATERFRONT AND AIRPORT INVESTIGATORS, PURSUANT TO SUBDIVISION FOUR
OF SECTION 5-B OF PART II OF THE WATERFRONT AND AIRPORT COMMISSION ACT.
(T) SPECIAL PATROLMEN OF A POLITICAL SUBDIVISION, APPOINTED PURSUANT
TO SECTION TWO HUNDRED NINE-V OF THE GENERAL MUNICIPAL LAW.
(U) SPECIAL OFFICERS EMPLOYED BY THE CITY OF NEW YORK OR BY THE NEW
YORK CITY HEALTH AND HOSPITALS CORPORATION. THE NEW YORK CITY HEALTH AND
HOSPITALS CORPORATION SHALL EMPLOY PEACE OFFICERS APPOINTED PURSUANT TO
THIS SUBDIVISION TO PERFORM THE PATROL, INVESTIGATION, AND MAINTENANCE
OF THE PEACE DUTIES OF SPECIAL OFFICER, SENIOR SPECIAL OFFICER AND
HOSPITAL SECURITY OFFICER, PROVIDED HOWEVER THAT NOTHING IN THIS PARA-
GRAPH SHALL PROHIBIT MANAGERIAL, SUPERVISORY, OR STATE LICENSED OR
CERTIFIED PROFESSIONAL EMPLOYEES OF THE CORPORATION FROM PERFORMING SUCH
DUTIES WHERE THEY ARE INCIDENTAL TO THEIR USUAL DUTIES, OR SHALL PROHIB-
IT POLICE OFFICERS EMPLOYED BY THE CITY OF NEW YORK FROM PERFORMING
THESE DUTIES.
(V) HOUSING PATROLMEN OF THE MOUNT VERNON HOUSING AUTHORITY, APPOINTED
AND DESIGNATED AS PEACE OFFICERS AND ACTING PURSUANT TO RULES OF THE
MOUNT VERNON HOUSING AUTHORITY.
(W) PERSONS APPOINTED AND DESIGNATED AS PEACE OFFICERS BY THE SEA GATE
ASSOCIATION PURSUANT TO THE PROVISIONS OF CHAPTER THREE HUNDRED NINETY-
ONE OF THE LAWS OF NINETEEN HUNDRED FORTY.
(X) NEW YORK STATE AIR BASE SECURITY GUARDS WHEN THEY ARE APPOINTED
AND DESIGNATED AS PEACE OFFICERS UNDER MILITARY REGULATIONS PROMULGATED
BY THE CHIEF OF STAFF TO THE GOVERNOR AND WHEN PERFORMING THEIR DUTIES
AS AIR BASE SECURITY GUARDS PURSUANT TO ORDERS ISSUED BY APPROPRIATE
MILITARY AUTHORITY.
(Y) MEMBERS OF THE ARMY NATIONAL GUARD MILITARY POLICE AND AIR
NATIONAL GUARD SECURITY PERSONNEL BELONGING TO THE ORGANIZED MILITIA OF
THE STATE OF NEW YORK WHEN THEY ARE APPOINTED AND DESIGNATED AS PEACE
OFFICERS UNDER MILITARY REGULATIONS PROMULGATED BY THE ADJUTANT GENERAL
AND WHEN PERFORMING THEIR DUTIES AS MILITARY POLICEMEN OR AIR SECURITY
PERSONNEL PURSUANT TO ORDERS ISSUED BY APPROPRIATE MILITARY AUTHORITY.
(Z) TRANSPORTATION SUPERVISORS IN THE CITY OF WHITE PLAINS APPOINTED
AND DESIGNATED BY THE COMMISSIONER OF PUBLIC SAFETY IN THE CITY OF WHITE
PLAINS AS PEACE OFFICERS.
(AA) SECURITY HOSPITAL TREATMENT ASSISTANTS, APPOINTED AND DESIGNATED
BY THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH AS PEACE OFFICERS
WHILE PERFORMING DUTIES IN OR ARISING OUT OF THE COURSE OF THEIR EMPLOY-
MENT.
(BB) AUTHORIZED AGENTS OF THE MUNICIPAL DIRECTORS OF WEIGHTS AND MEAS-
URES IN THE COUNTIES OF SUFFOLK, NASSAU AND WESTCHESTER WHEN ACTING
PURSUANT TO THEIR SPECIAL DUTIES AS SET FORTH IN SECTION ONE HUNDRED
EIGHTY-ONE OF THE AGRICULTURE AND MARKETS LAW.
(CC) SPECIAL POLICEMEN APPOINTED AND DESIGNATED BY A TOWN AS PEACE
OFFICERS PURSUANT TO SECTION ONE HUNDRED FIFTY-EIGHT OF THE TOWN LAW.
(DD) DOG CONTROL AND ANIMAL CONTROL OFFICERS APPOINTED AND DESIGNATED
AS PEACE OFFICERS BY A POLITICAL SUBDIVISION OF THE STATE.
(EE) HARBOR PARK RANGERS EMPLOYED BY THE SNUG HARBOR CULTURAL CENTER
IN RICHMOND COUNTY AND APPOINTED AS NEW YORK CITY SPECIAL PATROLMEN BY
S. 1505--A 217 A. 2005--A
THE POLICE COMMISSIONER PURSUANT TO THE ADMINISTRATIVE CODE OF THE CITY
OF NEW YORK. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION,
SUCH OFFICERS SHALL BE AUTHORIZED TO ISSUE APPEARANCE TICKETS PURSUANT
TO SECTION 150.20 OF THIS CHAPTER, AND SHALL HAVE SUCH OTHER POWERS AS
ARE SPECIFIED IN SECTION 2.20 OF THIS ARTICLE ONLY WHEN ACTING PURSUANT
TO THEIR SPECIAL DUTIES.
(FF) OFFICERS OF THE WESTCHESTER COUNTY PUBLIC SAFETY EMERGENCY FORCE,
WHEN ACTIVATED BY THE COMMISSIONER OF PUBLIC SAFETY OR THE SHERIFF OF
THE COUNTY OF WESTCHESTER.
(GG) UNIFORMED MEMBERS OF THE SECURITY FORCE OF THE TROY HOUSING
AUTHORITY APPOINTED AND DESIGNATED BY THE TROY HOUSING AUTHORITY AS
PEACE OFFICERS.
(HH) OFFICERS AND MEMBERS OF THE SANITATION POLICE OF THE DEPARTMENT
OF SANITATION OF THE CITY OF NEW YORK, DULY APPOINTED AND DESIGNATED AS
PEACE OFFICERS BY SUCH DEPARTMENT. PROVIDED, FURTHER, THAT NOTHING IN
THIS PARAGRAPH SHALL BE DEEMED TO APPLY TO OFFICERS AND MEMBERS OF THE
SANITATION POLICE REGULARLY AND EXCLUSIVELY ASSIGNED TO ENFORCEMENT OF
SUCH CITY'S RESIDENTIAL RECYCLING LAWS.
(II) EMPLOYEES OF THE OFFICE OF CHILDREN AND FAMILY SERVICES ASSIGNED
TO TRANSPORT AND WARRANTS UNITS WHO ARE SPECIFICALLY DESIGNATED BY THE
DIRECTOR IN ACCORDANCE WITH SECTION FIVE HUNDRED FOUR-B OF THE EXECUTIVE
LAW.
(JJ) EMPLOYEES APPOINTED AND DESIGNATED AS PEACE OFFICERS BY A SHERIFF
PURSUANT TO THEIR SPECIAL DUTIES SERVING AS UNIFORMED MARINE PATROL
OFFICERS.
(KK) AIRPORT SECURITY GUARDS, SENIOR AIRPORT SECURITY GUARDS, AIRPORT
SECURITY SUPERVISORS, RETIRED POLICE OFFICERS, AND SUPERVISORS OF SAME,
WHO ARE APPOINTED AND DESIGNATED BY RESOLUTION OF THE TOWN BOARD OF THE
TOWN OF ISLIP TO PROVIDE SECURITY AT LONG ISLAND MACARTHUR AIRPORT WHEN
ACTING PURSUANT TO THEIR DUTIES AS SUCH, AND SUCH AUTHORITY BEING
SPECIFICALLY LIMITED TO THE GROUNDS OF THE SAID AIRPORT.
(LL) MEMBERS OF THE SECURITY FORCE EMPLOYED AND APPOINTED AND DESIG-
NATED AS PEACE OFFICERS BY ERIE COUNTY MEDICAL CENTER.
(MM) EMPLOYEES OF THE NEW YORK CITY BUSINESS INTEGRITY COMMISSION
APPOINTED AND DESIGNATED AS PEACE OFFICERS BY THE CHAIRPERSON OF SUCH
COMMISSION.
(NN) MEMBERS OF THE SECURITY FORCE EMPLOYED BY KALEIDA HEALTH WITHIN
AND DIRECTLY ADJACENT TO THE HOSPITAL BUILDINGS ON THE MEDICAL CAMPUS
LOCATED BETWEEN EAST NORTH STREET, GOODELL STREET, MAIN STREET AND
MICHIGAN AVENUE. THESE OFFICERS SHALL ONLY HAVE THE POWERS LISTED IN
PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 2.20 OF THIS ARTICLE, AS
WELL AS THE POWER TO DETAIN AN INDIVIDUAL FOR A REASONABLE PERIOD OF
TIME WHILE AWAITING THE ARRIVAL OF LAW ENFORCEMENT, PROVIDED THAT THE
OFFICER HAS ACTUAL KNOWLEDGE, OR PROBABLE CAUSE TO BELIEVE, THAT SUCH
INDIVIDUAL HAS COMMITTED AN OFFENSE.
(OO) WATERSHED PROTECTION AND ENFORCEMENT OFFICERS APPOINTED BY THE
CITY OF PEEKSKILL. SUCH OFFICERS SHALL ONLY HAVE THE POWERS SET FORTH IN
PARAGRAPHS (A), (B), (C), (F), (G), AND (H) OF SUBDIVISION ONE OF
SECTION 2.20 OF THIS ARTICLE AND, NOTWITHSTANDING PARAGRAPH (B) OF
SUBDIVISION THIRTY-FOUR-A OF SECTION 1.20 OF THIS TITLE AND PARAGRAPH
(B) OF SUBDIVISION FIVE OF SECTION 140.25 OF THIS CHAPTER, WATERSHED
PROTECTION AND ENFORCEMENT OFFICERS ARE AUTHORIZED TO MAKE ARRESTS AND
ISSUE APPEARANCE TICKETS IN THOSE AREAS OF THE HOLLOW BROOK WATERSHED
AND WICCOPEE RESERVOIR LOCATED OUTSIDE OF THE CITY OF PEEKSKILL IN THE
COUNTIES OF PUTNAM AND WESTCHESTER, INCLUDING ALONG ITS RESERVOIRS,
SHORELINE, AND TRIBUTARIES.
S. 1505--A 218 A. 2005--A
(PP) A SPECIAL INVESTIGATOR OF THE NEW YORK CITY DEPARTMENT OF INVES-
TIGATION WHO HAS RECEIVED TRAINING IN FIREARM HANDLING IN THE NEW YORK
POLICE ACADEMY AND HAS RECEIVED A FIREARM PERMIT FROM THE LICENSE DIVI-
SION OF THE NEW YORK CITY POLICE DEPARTMENT.
§ 2. Subdivision 23 of section 105 of the alcoholic beverage control
law, as added by section 1 of part F of chapter 85 of the laws of 2002,
is amended to read as follows:
23. All premises licensed under sections fifty-four, fifty-four-a,
sixty-three and seventy-nine of this chapter shall be subject to
inspection by any peace officer described in [subdivision four] PARA-
GRAPH (E) OF SUBDIVISION TWO of section 2.10 of the criminal procedure
law acting pursuant to his special duties, or police officer or any duly
authorized representative of the state liquor authority, during the
hours when the said premises are open for the transaction of business.
§ 3. Paragraph 7 of subdivision a of section 10-131 of the administra-
tive code of the city of New York, as amended by chapter 195 of the laws
of 2005, is amended to read as follows:
7. A fee shall not be charged or collected for the issuance of a
license, or the renewal thereof, to have and carry concealed a pistol or
revolver which is issued upon the application of a qualified retired
police officer as defined in subdivision thirty-four of section 1.20 of
the criminal procedure law, or a qualified retired bridge and tunnel
officer, sergeant or lieutenant of the triborough bridge and tunnel
authority as defined under PARAGRAPH (E) OF subdivision [twenty] ONE of
section 2.10 of the criminal procedure law, or a qualified retired
uniformed court officer in the unified court system, or a qualified
retired court clerk in the unified court system in the first and second
judicial departments, as defined in [paragraphs a and b of subdivision
twenty-one] PARAGRAPH (D) OF SUBDIVISION ONE of section 2.10 of the
criminal procedure law or a retired correction officer as defined in
[subdivision twenty-five] PARAGRAPH (C) OF SUBDIVISION ONE of section
2.10 of the criminal procedure law or a qualified retired sheriff,
undersheriff or deputy sheriff of the city of New York as defined under
PARAGRAPH (F) OF subdivision [two] ONE of section 2.10 of the criminal
procedure law.
§ 4. Subdivision (a) of section 11-4021 of the administrative code of
the city of New York, as amended by chapter 556 of the laws of 2011, is
amended to read as follows:
(a) Whenever a police officer designated in section 1.20 of the crimi-
nal procedure law or a peace officer designated in PARAGRAPH (E) OF
subdivision [five] TWO of section 2.10 of such law, acting pursuant to
his special duties, shall discover any cigarettes subject to any tax
provided by chapter thirteen of this title, and upon which the tax has
not been paid or the stamps not affixed as required by such chapter,
they are hereby authorized and empowered forthwith to seize and take
possession of such cigarettes, together with any vending machine or
receptacle in which they are held for sale. Such cigarettes, vending
machine or receptacle seized by a police officer or such peace officer
shall be turned over to the commissioner of finance.
§ 5. Paragraph 2 of subdivision (c) of section 11-4023 of the adminis-
trative code of the city of New York, as added by local law number 97 of
the city of New York for the year 2013, is amended to read as follows:
(2) Ten days after the date of such posting, and upon the written
directive of the commissioner, police officers designated in section
1.20 of the criminal procedure law and peace officers employed by the
department of finance, including but not limited to the sheriff, under-
S. 1505--A 219 A. 2005--A
sheriff and deputy sheriffs of the city of New York designated as peace
officers in PARAGRAPH (F) OF subdivision [two] ONE of section 2.10 of
the criminal procedure law, are authorized to act upon and enforce such
orders.
§ 6. Subdivision (a) of section 11-4024 of the administrative code of
the city of New York, as added by local law number 97 of the city of New
York for the year 2013, is amended to read as follows:
(a) Whenever a police officer designated in section 1.20 of the crimi-
nal procedure law or a peace officer employed by the department of
finance, including but not limited to the sheriff, undersheriff or depu-
ty sheriffs of the city of New York designated as peace officers in
PARAGRAPH (F) OF subdivision [two] ONE of section 2.10 of the criminal
procedure law, shall discover (1) any cigarettes subject to any tax
provided by chapter thirteen of this title, and upon which the tax has
been paid and the stamps affixed as required by such chapter, but such
cigarettes are sold, offered for sale or possessed by a person in
violation of section 11-1303, 17-703 or 20-202 of this code, or (2) any
flavored tobacco product that is sold, offered for sale or possessed
with intent to sell in violation of section 17-715 of this code, he or
she is hereby authorized and empowered forthwith to seize and take
possession of such cigarettes or flavored tobacco product, together with
any vending machine or receptacle in which such cigarettes or flavored
tobacco product are held for sale. Such cigarettes or flavored tobacco
product, vending machine or receptacle seized by such police officer or
such peace officer shall be turned over to the commissioner of finance.
§ 7. Subdivision c of section 12-121 of the administrative code of the
city of New York, as added by chapter 427 of the laws of 2000, is
amended to read as follows:
c. City residence shall not be required as a condition of employment
for campus peace officers level I, level II and level III, as defined by
PARAGRAPH (P) OF subdivision [twenty-seven] THREE of section 2.10 of the
criminal procedure law, employed by the city university of New York
before the effective date of this subdivision.
§ 8. Subdivision a of section 17-182 of the administrative code of the
city of New York, as amended by local law number 22 of the city of New
York for the year 2002, is amended to read as follows:
a. Any corporation of government, the expenses of which are paid in
whole or in part from the city treasury, which provides health and
medical services and operates health facilities and which is authorized
to employ special officers having peace officer status as defined in
[New York Criminal Procedure Law § 2.10(40)] PARAGRAPH (U) OF SUBDIVI-
SION THREE OF SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW, shall utilize
peace officers appointed pursuant to said subdivision to perform the
duties of special officer, senior special officer and hospital security
officer. The commissioner of the department of health and mental hygiene
shall enforce this requirement.
§ 9. Subdivision 1 of section 120 of the correction law, as added by
chapter 202 of the laws of 2007, is amended to read as follows:
1. Except as provided in subdivisions two, three and four of this
section, the duty of maintaining the custody and supervision of persons
detained or confined in a correctional facility as defined in subdivi-
sion four of section two of this chapter, including a drug treatment
campus as defined in subdivision twenty of section two of this chapter,
or a local correctional facility as defined in subdivision sixteen of
section two of this chapter shall be performed solely by police officers
designated in paragraph (a), (b), (c), (d), (e), (g), (j) or (m) of
S. 1505--A 220 A. 2005--A
subdivision thirty-four of section 1.20 of the criminal procedure law or
peace officers designated in [subdivision twenty-five] PARAGRAPH (C) OF
SUBDIVISION ONE of section 2.10 of the criminal procedure law, which
persons, whether employed full-time or part-time, shall be in the
competitive, non-competitive or exempt class of the civil service of New
York state as determined by state law or by the state or applicable
local civil service commission.
§ 10. Paragraph (q) of subdivision 34 of section 1.20 of the criminal
procedure law, as amended by section 55 of part K of chapter 61 of the
laws of 2011, is amended to read as follows:
(q) An employee of the department of taxation and finance (i) assigned
to enforcement of the taxes imposed under or pursuant to the authority
of article twelve-A of the tax law and administered by the commissioner
of taxation and finance, taxes imposed under or pursuant to the authori-
ty of article eighteen of the tax law and administered by the commis-
sioner, taxes imposed under article twenty of the tax law, or sales or
compensating use taxes relating to petroleum products or cigarettes
imposed under article twenty-eight or pursuant to the authority of arti-
cle twenty-nine of the tax law and administered by the commissioner or
(ii) [designated as a revenue crimes specialist and] assigned to the
enforcement of [the] taxes [described in] PURSUANT TO paragraph [(c) of
subdivision four] (E) OF SUBDIVISION TWO of section 2.10 of this title,
for the purpose of applying for and executing search warrants under
article six hundred ninety of this chapter, for the purpose of acting as
a claiming agent under article thirteen-A of the civil practice law and
rules in connection with the enforcement of the taxes referred to above
and for the purpose of [executing warrants of arrest relating to the
respective crimes specified in subdivision four] INVESTIGATING OR
ENFORCING A CRIMINAL LAW PURSUANT TO PARAGRAPH (E) OF SUBDIVISION TWO of
section 2.10 of this title.
§ 11. Subdivision 1 of section 50-a of the civil rights law, as
amended by chapter 516 of the laws of 2014, is amended to read as
follows:
1. All personnel records used to evaluate performance toward continued
employment or promotion, under the control of any police agency or
department of the state or any political subdivision thereof including
authorities or agencies maintaining police forces of individuals defined
as police officers in section 1.20 of the criminal procedure law and
such personnel records under the control of a sheriff's department or a
department of correction of individuals employed as correction officers
and such personnel records under the control of a paid fire department
or force of individuals employed as firefighters or
firefighter/paramedics and such personnel records under the control of
the department of corrections and community supervision for individuals
defined as peace officers pursuant to [subdivisions twenty-three and
twenty-three-a] PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE of section
2.10 of the criminal procedure law and such personnel records under the
control of a probation department for individuals defined as peace offi-
cers pursuant to PARAGRAPH (B) OF subdivision [twenty-four] ONE of
section 2.10 of the criminal procedure law shall be considered confiden-
tial and not subject to inspection or review without the express written
consent of such police officer, firefighter, firefighter/paramedic,
correction officer or peace officer within the department of corrections
and community supervision or probation department except as may be
mandated by lawful court order.
S. 1505--A 221 A. 2005--A
§ 12. Subdivision 1 of section 50-d of the civil rights law, as added
by chapter 517 of the laws of 1992, is amended to read as follows:
1. As used in this section, "personnel records of court officers"
means all personnel records of court officers as defined in [paragraph a
of] PARAGRAPH (D) OF subdivision [twenty-one] ONE of section 2.10 of the
criminal procedure law, used to evaluate performance toward continued
employment or promotion, and under the control of the office of court
administration.
§ 13. Subdivision 1 of section 50-e of the civil rights law, as added
by chapter 578 of the laws of 1993, is amended to read as follows:
1. As used in this section, "personnel records of bridge and tunnel
officers, sergeants and lieutenants" means all personnel records of
bridge and tunnel officers, sergeants and lieutenants as defined in
PARAGRAPH (E) OF subdivision [twenty] ONE of section 2.10 of the crimi-
nal procedure law, used to evaluate performance toward continued employ-
ment or promotion, and under the control of the Triborough bridge and
tunnel authority.
§ 14. The opening paragraph of paragraph i of subdivision 1 of section
130 of the civil service law, as added by chapter 257 of the laws of
2012, is amended to read as follows:
Pursuant to the terms of an agreement between the state and an employ-
ee organization entered into pursuant to article fourteen of this chap-
ter covering members of the collective negotiating unit designated as
security supervisors who are employed by the state department of
corrections and community supervision and are designated as peace offi-
cers pursuant to PARAGRAPH (C) OF subdivision [twenty-five] ONE of
section 2.10 of the criminal procedure law, effective on the dates indi-
cated, salary grades for positions in the competitive, non-competitive
and labor classes shall be as follows:
§ 15. Subdivision 2 and the opening paragraph and paragraph (f) of
subdivision 4 of section 209 of the civil service law, as amended by
section 64 of subpart B of part C of chapter 62 of the laws of 2011, are
amended to read as follows:
2. Public employers are hereby empowered to enter into written agree-
ments with recognized or certified employee organizations setting forth
procedures to be invoked in the event of disputes which reach an impasse
in the course of collective negotiations. Such agreements may include
the undertaking by each party to submit unresolved issues to impartial
arbitration. In the absence or upon the failure of such procedures,
public employers and employee organizations may request the board to
render assistance as provided in this section, or the board may render
such assistance on its own motion, as provided in subdivision three of
this section, or, in regard to officers or members of any organized fire
department, or any unit of the public employer which previously was a
part of an organized fire department whose primary mission includes the
prevention and control of aircraft fires, police force or police depart-
ment of any county, city, town, village or fire or police district, or
detective-investigators, or rackets investigators employed in the office
of a district attorney of a county, or in regard to any organized unit
of troopers, commissioned or noncommissioned officers of the division of
state police, or in regard to investigators, senior investigators and
investigator specialists of the division of state police, or in regard
to members of collective negotiating units designated as security
services and security supervisors who are police officers, who are
forest ranger captains or who are employed by the state department of
corrections and community supervision and are designated as peace offi-
S. 1505--A 222 A. 2005--A
cers pursuant to PARAGRAPH (C) OF subdivision [twenty-five] ONE of
section 2.10 of the criminal procedure law, or in regard to members of
the collective negotiating unit designated as the agency law enforcement
services unit who are police officers pursuant to subdivision thirty-
four of section 1.20 of the criminal procedure law or who are forest
rangers, or in regard to organized units of deputy sheriffs who are
engaged directly in criminal law enforcement activities that aggregate
more than fifty per centum of their service as certified by the county
sheriff and are police officers pursuant to subdivision thirty-four of
section 1.20 of the criminal procedure law as certified by the municipal
police training council or Suffolk county correction officers or Suffolk
county park police, as provided in subdivision four of this section.
On request of either party or upon its own motion, as provided in
subdivision two of this section, and in the event the board determines
that an impasse exists in collective negotiations between such employee
organization and a public employer as to the conditions of employment of
officers or members of any organized fire department, or any other unit
of the public employer which previously was a part of an organized fire
department whose primary mission includes the prevention and control of
aircraft fires, police force or police department of any county, city,
town, village or fire or police district, and detective-investigators,
criminal investigators or rackets investigators employed in the office
of a district attorney, or as to the conditions of employment of members
of any organized unit of troopers, commissioned or noncommissioned offi-
cers of the division of state police or as to the conditions of employ-
ment of members of any organized unit of investigators, senior investi-
gators and investigator specialists of the division of state police, or
as to the terms and conditions of employment of members of collective
negotiating units designated as security services and security supervi-
sors, who are police officers, who are forest ranger captains or who are
employed by the state department of corrections and community super-
vision and are designated as peace officers pursuant to PARAGRAPH (C) OF
subdivision [twenty-five] ONE of section 2.10 of the criminal procedure
law, or in regard to members of the collective negotiating unit desig-
nated as the agency law enforcement services unit who are police offi-
cers pursuant to subdivision thirty-four of section 1.20 of the criminal
procedure law or who are forest rangers, or as to the conditions of
employment of any organized unit of deputy sheriffs who are engaged
directly in criminal law enforcement activities that aggregate more than
fifty per centum of their service as certified by the county sheriff and
are police officers pursuant to subdivision thirty-four of section 1.20
of the criminal procedure law as certified by the municipal police
training council or Suffolk county correction officers or Suffolk county
park police, the board shall render assistance as follows:
(f) With regard to any members of collective negotiating units desig-
nated as security services or security supervisors, who are police offi-
cers, who are forest ranger captains or who are employed by the state
department of corrections and community supervision and are designated
as peace officers pursuant to PARAGRAPH (C) OF subdivision [twenty-five]
ONE of section 2.10 of the criminal procedure law, or in regard to
members of the collective negotiating unit designated as the agency law
enforcement services unit who are police officers pursuant to subdivi-
sion thirty-four of section 1.20 of the criminal procedure law or who
are forest rangers, or in regard to detective-investigators, criminal
investigators or rackets investigators employed in the office of a
district attorney of a county contained within a city with a population
S. 1505--A 223 A. 2005--A
of one million or more, the provisions of this section shall only apply
to the terms of collective bargaining agreements directly relating to
compensation, including, but not limited to, salary, stipends, location
pay, insurance, medical and hospitalization benefits; and shall not
apply to non-compensatory issues including, but not limited to, job
security, disciplinary procedures and actions, deployment or scheduling,
or issues relating to eligibility for overtime compensation which shall
be governed by other provisions proscribed by law.
§ 16. Paragraph d of subdivision 8 of section 156-c of the executive
law, as amended by section 4 of part A of chapter 101 of the laws of
2013, is amended to read as follows:
d. Whenever any police officer designated in section 1.20 of the crim-
inal procedure law or a peace officer designated in PARAGRAPH (A) OF
subdivision [four and subdivision seventy-nine pertaining to the Office
of Fire Prevention and Control,] THREE of section 2.10 of such law AND
EMPLOYED BY THE OFFICE OF FIRE PREVENTION AND CONTROL, acting pursuant
to his or her special duties, shall discover any cigarettes which have
not been marked in the manner required by subdivision six of this
section, such officer is hereby authorized and empowered to seize and
take possession of such cigarettes. Such seized cigarettes shall be
turned over to the commissioner of taxation and finance, and shall be
forfeited to the state. Cigarettes seized pursuant to this section shall
be destroyed.
§ 17. Subdivision 4 of section 89-n of the general business law, as
amended by chapter 221 of the laws of 2003, is amended to read as
follows:
4. The provisions of this section shall not apply to a security guard
who is:
a. a correction officer of any state correctional facility having the
powers of a peace officer pursuant to PARAGRAPH (C) OF subdivision
[twenty-five] ONE of section 2.10 of the criminal procedure law;
b. a bridge and tunnel officer, sergeant or lieutenant of the Tribor-
ough bridge and tunnel authority having the powers of a peace officer
pursuant to PARAGRAPH (E) OF subdivision [twenty] ONE of section 2.10
the criminal procedure law;
c. a uniformed court officer of the unified court system having the
powers of a peace officer pursuant to PARAGRAPH (D) OF subdivision
[twenty-one] ONE of section 2.10 of the criminal procedure law;
d. a court clerk having the powers of a peace officer pursuant to
PARAGRAPH (D) OF subdivision [twenty-one] ONE of section 2.10 of the
criminal procedure law;
e. a deputy sheriff having the powers of a peace officer pursuant to
PARAGRAPH (F) OF subdivision [two] ONE of section 2.10 the criminal
procedure law;
f. a police officer as defined in paragraphs (a), (b), (c), (d), (e),
(f), (j), (k), (l), (o) and (p) of subdivision thirty-four of section
1.20 of the criminal procedure law who has been retired from such
employment for a period not to exceed ten years, provided, however, that
a retired police officer who has been retired from such employment for a
period in excess of ten years shall be required to provide proof to his
or her security guard employer of his or her satisfactory completion of
an eight hour annual in-service training course approved by the commis-
sioner, and provided further, however, that a retired police officer who
will be required by his or her security guard employer to carry a
firearm or will be authorized to have access to a firearm shall provide
to such employer proof of his or her satisfactory completion of a
S. 1505--A 224 A. 2005--A
forty-seven hour firearms training course approved by the commissioner
and, if such firearms training course has not been completed within one
year prior to such employment, satisfactory completion of an additional
eight hour annual firearms in-service training course approved by the
commissioner, such training course to be completed at least annually; or
g. a peace officer as defined in [subdivisions two, twenty and twen-
ty-five and paragraphs a and b of subdivision twenty-one] PARAGRAPHS
(C), (D), (E), AND (F) OF SUBDIVISION ONE of section 2.10 of the crimi-
nal procedure law who has been retired from such employment for a period
not to exceed ten years, provided, however, that a retired peace officer
who has been retired from such employment for a period in excess of ten
years shall be required to provide proof to his or her security guard
employer of his or her satisfactory completion of an eight hour annual
in-service training course approved by the municipal police training
council, and provided further, however, that a retired peace officer who
will be required by his or her security guard employer to carry a
firearm or will be authorized to have access to a firearm shall provide
to such employer proof of his or her satisfactory completion of a
forty-seven hour firearms training course approved by the municipal
police training council and, if such firearms training course has not
been completed within one year prior to employment, satisfactory
completion of an additional eight hour annual firearms in-service train-
ing course approved by the municipal police training council, such
training course to be completed at least annually.
§ 18. Subdivision 13 of section 1299-e of the public authorities law,
as amended by chapter 816 of the laws of 1984, is amended to read as
follows:
13. To appoint or designate one or more persons for the purpose of
enforcing rules and regulations established by the authority, and to
compel the observance of law and order on the properties, facilities and
improvements of the authority for the protection and administration of
such property, facilities and improvements, and the traveling public
using such facilities. Each person as and when so appointed or desig-
nated shall be known as (a) a "Niagara frontier transportation authority
security officer or patrolman" and shall be a peace officer as set forth
in PARAGRAPH (G) OF subdivision [forty-five] TWO of section 2.10 of the
criminal procedure law, or a police officer within the purview of subdi-
vision thirty-four of section 1.20 of the criminal procedure law or (b)
a "ticket inspector" and shall not be a peace officer or a police offi-
cer but, when so designated or appointed, shall be authorized to issue
and serve appearance tickets pursuant to section 150.20 of the criminal
procedure law with respect to violations of rules and regulations so
established.
§ 19. Subdivision 4 of section 1399-ll of the public health law, as
added by chapter 262 of the laws of 2000, is amended to read as follows:
4. Whenever a police officer designated in section 1.20 of the crimi-
nal procedure law or a peace officer designated in PARAGRAPH (E) OF
subdivision [four] TWO of section 2.10 of such law, acting pursuant to
his or her special duties, shall discover any cigarettes which have been
or which are being shipped or transported in violation of this section,
such person is hereby empowered and authorized to seize and take
possession of such cigarettes, and such cigarettes shall be subject to a
forfeiture action pursuant to the procedures provided for in article
thirteen-A of the civil practice law and rules, as if such article
specifically provided for forfeiture of cigarettes seized pursuant to
this section as a pre-conviction forfeiture crime.
S. 1505--A 225 A. 2005--A
§ 20. Subdivisions 4, 5 and 7 of section 3-b of the public officers
law, subdivision 4 as added by chapter 404 of the laws of 2011, subdivi-
sion 5 as added by chapter 8 of the laws of 2013 and subdivision 7 as
added by chapter 418 of the laws of 2014, are amended to read as
follows:
4. Neither the provisions of this section or of any general, special
or local law, charter, code, ordinance, resolution, rule or regulation,
requiring a person to be a resident of the political subdivision or
municipal corporation of the state by which he or she is employed, shall
apply to a person employed by a city with a population of over one
million in the titles of special officer, senior special officer, prin-
cipal special officer and supervising special officer as "special offi-
cer" is defined in PARAGRAPH (U) OF subdivision [forty] THREE of section
2.10 of the criminal procedure law, evidence and property control
specialists, taxi and limousine inspector, taxi and limousine inspector
(motor vehicles), senior taxi and limousine inspector, senior taxi and
limousine inspector (motor vehicles), associate taxi and limousine
inspector, supervising taxi and limousine inspector, supervising taxi
and limousine inspector (motor vehicles), education facilities officers
L1 (formerly school guards), education facilities officers L2 (formerly
school safety officers), hospital security officers, campus security
officer, campus peace officer, college security specialist, campus
public safety sergeant, campus security assistant or school guard
(school safety agent), provided that he or she has completed two years
of employment with the city of New York and is a resident of New York,
Kings, Queens, Bronx, Richmond, Nassau, Westchester, Suffolk, Orange,
Rockland or Putnam county.
5. In respect to peace officers employed by Cornell university, and
assigned to the Ithaca campus, pursuant to section fifty-seven hundred
nine of the education law, the provisions of this section requiring a
person to be a resident of the same county as the appointing official
shall not prevent a person from serving as a peace officer for Cornell
university, or as a special deputy sheriff, and assigned to the Ithaca
campus, as defined in PARAGRAPH (B) OF subdivision [forty-two] THREE of
section 2.10 of the criminal procedure law, provided that such person
resides in the state of New York.
7. Neither the provisions of this section or of any general, special
or local law, charter, code, ordinance, resolution, rule or regulation,
requiring a person to be a resident of the political subdivision or
municipal corporation of the state for which he or she shall be employed
or appointed or within which his or her official functions are required
to be exercised, shall apply to a person who is a member of the security
force employed or appointed by Kaleida Health as described in PARAGRAPH
(NN) OF subdivision [eighty-three] THREE of section 2.10 of the criminal
procedure law, provided that such person resides in the county in which
such security force of Kaleida Health is located or an adjoining county
within the state. The provisions of this subdivision shall only apply to
a person who is a member of the security force employed by Kaleida
Health on the effective date of this subdivision.
§ 21. Subdivision 20 of section 10.00 of the penal law, as added by
chapter 765 of the laws of 2005, is amended to read as follows:
20. For purposes of sections 120.13, 120.18, 125.11, 125.21 and 125.22
of this chapter, the term "peace officer" means a peace officer as
defined in [subdivision one, two, three, four, six, twelve, thirteen,
fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one,
twenty-three, twenty-three-a, twenty-four, twenty-five, twenty-six,
S. 1505--A 226 A. 2005--A
twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-four,
thirty-five, thirty-six, forty-three, forty-five, forty-seven, forty-
eight, forty-nine, fifty-one, fifty-two, fifty-eight, sixty-one, as
added by chapter two hundred fifty-seven of the laws of nineteen hundred
ninety-two, sixty-one, as added by chapter three hundred twenty-one of
the laws of nineteen hundred ninety-two, sixty-two, as added by chapter
two hundred four of the laws of nineteen hundred ninety-three, sixty-
two, as added by chapter six hundred eighty-seven of the laws of nine-
teen hundred ninety-three, sixty-three, as amended by chapter six
hundred thirty-eight of the laws of two thousand three, sixty-four,
sixty-five, sixty-eight, as added by chapter one hundred sixty-eight of
the laws of two thousand, sixty-eight, as added by chapter three hundred
eighty-one of the laws of two thousand, seventy, seventy-one, seventy-
four, as added by chapter five hundred forty-eight of the laws of two
thousand one, seventy-five, as added by chapter three hundred twenty-one
of the laws of two thousand two, seventy-five, as added by chapter six
hundred twenty-three of the laws of two thousand two, seventy-seven, as
added by chapter three hundred sixty-seven of the laws of two thousand
four, seventy-eight or seventy-nine, as added by chapter two hundred
forty-one of the laws of two thousand four,] PARAGRAPHS (A), (B), (C),
(D), (E), AND (F) OF SUBDIVISION ONE, PARAGRAPHS (A), (C), (E), (F),
(G), AND (N) OF SUBDIVISION TWO AND PARAGRAPHS (A), (B), (C), (I), (J),
(K), (L), (M), (P), (Q), (R), (S), (X), (Y), (AA), (GG), AND (KK) OF
SUBDIVISION THREE of section 2.10 of the criminal procedure law, as well
as any federal law enforcement officer defined in section 2.15 of the
criminal procedure law.
§ 22. Subparagraph (ii) of paragraph (a) of subdivision 1 of section
125.26 of the penal law, as added by chapter 765 of the laws of 2005, is
amended to read as follows:
(ii) the intended victim was a peace officer as defined in [paragraph
a of subdivision twenty-one, subdivision twenty-three, twenty-four or
sixty-two (employees of the division for youth)] PARAGRAPH (A), (B) OR
(D) OF SUBDIVISION ONE of section 2.10 of the criminal procedure law who
was at the time of the killing engaged in the course of performing his
or her official duties, and the defendant knew or reasonably should have
known that the victim was such a uniformed court officer, parole offi-
cer, OR probation officer[, or employee of the division for youth]; or
§ 23. Subparagraph (ii) of paragraph (a) of subdivision 1 of section
125.27 of the penal law, as amended by chapter 1 of the laws of 1995, is
amended to read as follows:
(ii) the intended victim was a peace officer as defined in [paragraph
a of subdivision twenty-one, subdivision twenty-three, twenty-four or
sixty-two (employees of the division for youth)] PARAGRAPH (A), (B) OR
(D) OF SUBDIVISION ONE of section 2.10 of the criminal procedure law who
was at the time of the killing engaged in the course of performing his
official duties, and the defendant knew or reasonably should have known
that the intended victim was such a uniformed court officer, parole
officer, OR probation officer[, or employee of the division for youth];
or
§ 24. Subdivisions 6 and 14 of section 400.00 of the penal law, subdi-
vision 6 as amended by chapter 318 of the laws of 2002, subdivision 14
as amended by chapter 195 of the laws of 2005, are amended to read as
follows:
6. License: validity. Any license issued pursuant to this section
shall be valid notwithstanding the provisions of any local law or ordi-
nance. No license shall be transferable to any other person or prem-
S. 1505--A 227 A. 2005--A
ises. A license to carry or possess a pistol or revolver, not otherwise
limited as to place or time of possession, shall be effective throughout
the state, except that the same shall not be valid within the city of
New York unless a special permit granting validity is issued by the
police commissioner of that city. Such license to carry or possess shall
be valid within the city of New York in the absence of a permit issued
by the police commissioner of that city, provided that (a) the firearms
covered by such license have been purchased from a licensed dealer with-
in the city of New York and are being transported out of said city
forthwith and immediately from said dealer by the licensee in a locked
container during a continuous and uninterrupted trip; or provided that
(b) the firearms covered by such license are being transported by the
licensee in a locked container and the trip through the city of New York
is continuous and uninterrupted; or provided that (c) the firearms
covered by such license are carried by armored car security guards
transporting money or other valuables, in, to, or from motor vehicles
commonly known as armored cars, during the course of their employment;
or provided that (d) the licensee is a retired police officer as police
officer is defined pursuant to subdivision thirty-four of section 1.20
of the criminal procedure law or a retired federal law enforcement offi-
cer, as defined in section 2.15 of the criminal procedure law, who has
been issued a license by an authorized licensing officer as defined in
subdivision ten of section 265.00 of this chapter; provided, further,
however, that if such license was not issued in the city of New York it
must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
ment Officer", as the case may be, and, in the case of a retired officer
the license shall be deemed to permit only police or federal law
enforcement regulations weapons; or provided that (e) the licensee is a
peace officer described in PARAGRAPH (E) OF subdivision [four] TWO of
section 2.10 of the criminal procedure law and the license, if issued by
other than the city of New York, is marked "New York State Tax Depart-
ment Peace Officer" and in such case the exemption shall apply only to
the firearm issued to such licensee by the department of taxation and
finance. A license as gunsmith or dealer in firearms shall not be valid
outside the city or county, as the case may be, where issued.
14. Fees. In the city of New York and the county of Nassau, the annual
license fee shall be twenty-five dollars for gunsmiths and fifty dollars
for dealers in firearms. In such city, the city council and in the coun-
ty of Nassau the Board of Supervisors shall fix the fee to be charged
for a license to carry or possess a pistol or revolver and provide for
the disposition of such fees. Elsewhere in the state, the licensing
officer shall collect and pay into the county treasury the following
fees: for each license to carry or possess a pistol or revolver, not
less than three dollars nor more than ten dollars as may be determined
by the legislative body of the county; for each amendment thereto, three
dollars, and five dollars in the county of Suffolk; and for each license
issued to a gunsmith or dealer in firearms, ten dollars. The fee for a
duplicate license shall be five dollars. The fee for processing a
license transfer between counties shall be five dollars. The fee for
processing a license or renewal thereof for a qualified retired police
officer as defined under subdivision thirty-four of section 1.20 of the
criminal procedure law, or a qualified retired sheriff, undersheriff, or
deputy sheriff of the city of New York as defined under PARAGRAPH (F) OF
subdivision [two] ONE of section 2.10 of the criminal procedure law, or
a qualified retired bridge and tunnel officer, sergeant or lieutenant of
the triborough bridge and tunnel authority as defined under PARAGRAPH
S. 1505--A 228 A. 2005--A
(E) OF subdivision [twenty] ONE of section 2.10 of the criminal proce-
dure law, or a qualified retired uniformed court officer in the unified
court system, or a qualified retired court clerk in the unified court
system [in the first and second judicial departments], as defined in
[paragraphs a and b] PARAGRAPH (D) of subdivision [twenty-one] ONE of
section 2.10 of the criminal procedure law or a retired correction offi-
cer as defined in PARAGRAPH (C) OF subdivision [twenty-five] ONE of
section 2.10 of the criminal procedure law shall be waived in all coun-
ties throughout the state.
§ 25. Paragraph 3 of subdivision (a) of section 1815 of the tax law,
as amended by section 29 of subpart I of part V1 of chapter 57 of the
laws of 2009, is amended to read as follows:
(3) For the purposes of conferring jurisdiction upon courts and police
officers, and on the officers specified in PARAGRAPH (E) OF subdivision
[four] TWO of section 2.10 of the criminal procedure law and on judicial
officers generally, such violations shall be deemed traffic infractions
and for such purpose only all provisions of law relating to traffic
infractions shall apply to such violations; provided, however, that the
commissioner of motor vehicles, any hearing officer appointed by him, or
any administrative tribunal authorized to hear and determine any charges
or offenses which are traffic infractions shall not have jurisdiction of
such infractions.
§ 26. Subdivision (a) of section 1845 of the tax law, as added by
chapter 508 of the laws of 1993, is amended to read as follows:
(a) Temporary seizure. Whenever a police officer designated in section
1.20 of the criminal procedure law or a peace officer designated in
PARAGRAPH (E) OF subdivision [four] TWO of section 2.10 of such law,
acting pursuant to his special duties, shall discover more than ninety
liters of liquors which are being imported for sale or use in the state,
where the person importing or causing such liquors to be imported is not
registered as a distributor under section four hundred twenty-one of
this chapter, such police officer or peace officer is hereby authorized
to seize and take possession of such liquors, and to seize and take
possession of the vehicle or other means of transportation used to
transport such liquors.
§ 27. Subdivisions (a) and (a-1) of section 1846 of the tax law, as
amended by chapter 556 of the laws of 2011, are amended to read as
follows:
(a) Whenever a police officer designated in section 1.20 of the crimi-
nal procedure law or a peace officer designated in PARAGRAPH (E) OF
subdivision [four] TWO of section 2.10 of such law, acting pursuant to
his or her special duties, shall discover any cigarettes subject to tax
provided by article twenty of this chapter or by chapter thirteen of
title eleven of the administrative code of the city of New York, and
upon which the tax has not been paid or the stamps not affixed as
required by such article or such chapter thirteen, they are hereby
authorized and empowered forthwith to seize and take possession of such
cigarettes, together with any vending machine or receptacle in which
they are held for sale. Such cigarettes, vending machine or receptacle
seized by a police officer or such peace officer shall be turned over to
the commissioner. Such seized cigarettes, vending machine or receptacle,
not including money contained in such vending machine or receptacle,
shall be forfeited to the state. The commissioner may, within a reason-
able time thereafter, upon publication of a notice to such effect for at
least five successive days, before the day of sale, in a newspaper
published or circulated in the county where the seizure was made, sell
S. 1505--A 229 A. 2005--A
such forfeited vending machines or receptacles at public sale and pay
the proceeds into the state treasury to the credit of the general fund.
Notwithstanding any other provision of this section, the commissioner
may enter into an agreement with any city of this state which is author-
ized to impose a tax similar to that imposed by article twenty of this
chapter to provide for the disposition between the state and any such
city of the proceeds from any such sale. All cigarettes forfeited to
the state shall be destroyed or used for law enforcement purposes,
except that cigarettes that violate, or are suspected of violating,
federal trademark laws or import laws shall not be used for law enforce-
ment purposes. If the commissioner determines the cigarettes may not be
used for law enforcement purposes, the commissioner must, within a
reasonable time after the forfeiture of such cigarettes, upon publica-
tion in the state registry, destroy such forfeited cigarettes. The
commissioner may, prior to any destruction of cigarettes, permit the
true holder of the trademark rights in the cigarettes to inspect such
forfeited cigarettes in order to assist in any investigation regarding
such cigarettes.
(a-1) Whenever a police officer designated in section 1.20 of the
criminal procedure law or a peace officer designated in PARAGRAPH (E) OF
subdivision [four] TWO of section 2.10 of such law, acting pursuant to
his or her special duties, shall discover any cigarettes which have been
stamped in violation of section four hundred eighty-b of this chapter,
such officer is hereby authorized and empowered forthwith to seize and
take possession of such cigarettes, and such cigarettes shall be subject
to a forfeiture action pursuant to the procedures provided for in arti-
cle thirteen-A of the civil practice law and rules, as if such article
specifically provided for forfeiture of cigarettes seized pursuant to
this section as a preconviction forfeiture crime. Subdivisions (b), (c)
and (d) of this section shall not apply to cigarettes seized pursuant to
this subdivision.
§ 28. Subdivisions (a) and (a-1) of section 1846-a of the tax law, as
amended by chapter 556 of the laws of 2011, are amended to read as
follows:
(a) Whenever a police officer designated in section 1.20 of the crimi-
nal procedure law or a peace officer designated in PARAGRAPH (E) OF
subdivision [four] TWO of section 2.10 of such law, acting pursuant to
his special duties, shall discover any tobacco products in excess of
five hundred cigars or ten pounds of tobacco which are being imported
for sale in the state where the person importing or causing such tobacco
products to be imported has not been appointed as a distributor pursuant
to section four hundred seventy-two of this chapter, such police officer
or peace officer is hereby authorized and empowered forthwith to seize
and take possession of such tobacco products. Such tobacco products
seized by a police officer or peace officer shall be turned over to the
commissioner. Such seized tobacco products shall be forfeited to the
state. All tobacco products forfeited to the state shall be destroyed or
used for law enforcement purposes, except that tobacco products that
violate, or are suspected of violating, federal trademark laws or import
laws shall not be used for law enforcement purposes. If the commissioner
determines the tobacco products may not be used for law enforcement
purposes, the commissioner must, within a reasonable time thereafter,
upon publication in the state registry of a notice to such effect before
the day of destruction, destroy such forfeited tobacco products. The
commissioner may, prior to any destruction of tobacco products, permit
the true holder of the trademark rights in the tobacco products to
S. 1505--A 230 A. 2005--A
inspect such forfeited products in order to assist in any investigation
regarding such tobacco products.
(a-1) Whenever a police officer designated in section 1.20 of the
criminal procedure law or a peace officer designated in PARAGRAPH (E) OF
subdivision [four] TWO of section 2.10 of the criminal procedure law,
acting pursuant to his or her special duties, discovers any roll-your-
own tobacco that is in violation of section four hundred eighty-c of
this chapter, the officer is authorized and empowered to seize and take
possession of the roll-your-own tobacco, and the roll-your-own tobacco
is subject to a forfeiture action under the procedures provided for in
article thirteen-A of the civil practice law and rules, as if that arti-
cle specifically provided for forfeiture of roll-your-own tobacco seized
under this section as a preconviction forfeiture crime. Subdivisions (b)
and (c) of this section do not apply to roll-your-own tobacco seized
pursuant to this subdivision.
§ 29. Subdivisions (a) and (b) of section 1847 of the tax law, subdi-
vision (a) as amended by section 3 of part E of chapter 93 of the laws
of 2002, subdivision (b) as added by chapter 61 of the laws of 1989, are
amended to read as follows:
(a) Any peace officer designated in PARAGRAPH (E) OF subdivision [four
or five] TWO of section 2.10 of the criminal procedure law, acting
pursuant to his or her special duties, or any police officer designated
in section 1.20 of the criminal procedure law may seize any vehicle or
other means of transportation used to transport or for the deposit or
concealment of more than one hundred unstamped or unlawfully stamped
packages of cigarettes subject to tax under article twenty of this chap-
ter or by chapter thirteen of title eleven of the administrative code of
the city of New York, other than a vehicle or other means of transporta-
tion used by any person as a common carrier in transaction of business
as such common carrier, and such vehicle or other means of transporta-
tion shall be subject to forfeiture as hereinafter in this section
provided.
(b) Any peace officer designated in PARAGRAPH (E) OF subdivision
[four] TWO of section 2.10 of the criminal procedure law, acting pursu-
ant to his special duties, or any police officer designated in section
1.20 of the criminal procedure law may seize any vehicle or other means
of transportation used to import tobacco products in excess of five
hundred cigars or ten pounds of tobacco for sale where the person
importing or causing such tobacco products to be imported has not been
appointed a distributor pursuant to section four hundred seventy-two of
this chapter, other than a vehicle or other means of transportation used
by any person as a common carrier in transaction of business as such
common carrier, and such vehicle or other means of transportation shall
be subject to forfeiture as hereinafter in this section provided.
§ 30. Subdivision (a) of section 1848 of the tax law, as amended by
section 54 of part K of chapter 61 of the laws of 2011, is amended to
read as follows:
(a) Temporary seizure. Whenever a police officer designated in section
1.20 of the criminal procedure law or a peace officer designated in
PARAGRAPH (E) OF subdivision [four] TWO of section 2.10 of such law,
acting pursuant to his special duties, shall discover any motor fuel or
diesel motor fuel which is being imported for use, distribution, storage
or sale in the state where the person importing or causing such motor
fuel or diesel motor fuel to be imported is not registered as a distrib-
utor under section two hundred eighty-three or section two hundred
eighty-two-a, of this chapter, as the case may be, such police officer
S. 1505--A 231 A. 2005--A
or peace officer is hereby authorized to seize and take possession of
such motor fuel or diesel motor fuel, together with the vehicle or other
means of transportation used to transport such motor fuel.
§ 31. Section 47 of the workers' compensation law, as amended by chap-
ter 597 of the laws of 2004, is amended to read as follows:
§ 47. Presumption as to the cause of disease. If the employee, at or
immediately before the date of disablement, was employed in any process
mentioned in the second column of the schedule of diseases in subdivi-
sion two of section three of this chapter, and his or her disease is the
disease in the first column of such schedule set opposite the
description of the process, the disease presumptively shall be deemed to
have been due to the nature of that employment. Any exposure to the
hazards of compressed air after July first, nineteen hundred forty-six
shall be presumed, in the absence of substantial evidence to the contra-
ry, to be injurious exposure. Any exposure to the hazards of harmful
dust in this state for a period of sixty days after September first,
nineteen hundred thirty-five, shall be presumed, in the absence of
substantial evidence to the contrary, to be an injurious exposure. With
respect to any state or local correction officer as defined in PARAGRAPH
(C) OF subdivision [twenty-five] ONE of section 2.10 of the criminal
procedure law, safety and security officer employed by the office of
mental health, security hospital treatment assistant employed by the
office of mental health, any uniformed court officer or court clerk of
the unified court system having the powers of peace officer, the court
reporter or the court interpreter, an exposure to the blood or bodily
fluid of an individual, incarcerated, confined or otherwise, during the
course of his or her employment that is reported in writing to such
correction officer's, safety and security officer's, security hospital
treatment assistant's, uniformed court officer's, court clerk's, court
reporter's or court interpreter's employer within twenty-four hours of
such exposure, shall be presumed, in the absence of substantial evidence
to the contrary, to be an injurious exposure if, subsequent to such
exposure, such correction officer, safety and security officer, security
hospital treatment assistant, uniformed court officer, court clerk,
court reporter or court interpreter is diagnosed with a blood-borne
disease, including, but not limited to hepatitis C.
§ 32. Section 209-c of the general municipal law, as amended by chap-
ter 476 of the laws of 2018, is amended to read as follows:
§ 209-c. Fire police squads of fire departments and fire companies.
The authorities having control of fire departments and fire companies
may organize within such departments or companies fire police squads
composed of volunteer firefighters who are members of such departments
or companies. Members of fire police squads[, so organized, at such
times as] ARE ON DUTY WHEN the fire department, fire company or an emer-
gency rescue and first aid squad of the fire department or fire company
are on duty, or when, on orders of the chief of the fire department or
fire company of which they are members, they are separately engaged in
response to a call for assistance pursuant to the provisions of section
two hundred nine of this article[, shall have the powers of and render
service as peace officers]. A member of a fire police squad shall take
an oath of office as a fire police officer in the following form: "I do
solemnly swear (or affirm) that I will support the constitution of the
United States, and the constitution of the State of New York, and that I
will faithfully discharge the duties of the office of fire police offi-
cer of the ...................... fire company (or fire department),
according to the best of my ability." Such oath shall be filed in the
S. 1505--A 232 A. 2005--A
office of the city clerk in the case of a firefighter of a fire company
or fire department in a city, in the office of the village clerk in the
case of a firefighter of a fire company or fire department in a village,
and in the office of the town clerk in all other cases. Notwithstanding
any other provision of law to the contrary, a member of a fire police
squad shall have satisfied any requirement for training as provided by
any general or local law if the person has satisfactorily completed a
training course offered by the state office of fire prevention and
control, or an equivalent course as approved by the state office of fire
prevention and control.
§ 33. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided, however, that the amendments
to subdivisions 2 and 4 of section 209 of the civil service law made by
section fifteen of this act shall not affect the expiration of such
subdivisions and shall expire therewith.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through UU of this act shall be
as specifically set forth in the last section of such Parts.