S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5265
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced by M. of A. REILLY -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend the criminal procedure law, in relation to permitting
   judicial discretion based on dangerousness  when  issuing  a  securing
   order,  extending the time period for discovery, permits the immediate
   issuance of a bench warrant for failure to appear for certain  princi-
   pals, and places restrictions on when appearance tickets may be issued
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 3 of  section  510.10  of  the  criminal
 procedure  law,  subdivision  1 as amended and subdivision 3 as added by
 section 2 of part JJJ of chapter 59 of the laws of 2019, are amended  to
 read as follows:
   1.  When  a  principal,  whose  future  court attendance at a criminal
 action or proceeding is or may be required, comes under the control of a
 court, such court shall, in accordance with this title,  by  a  securing
 order release the principal on the principal's own recognizance, release
 the  principal  under non-monetary conditions, or, where authorized, fix
 bail or commit the principal to the custody of the sheriff. In all  such
 cases,  except  where  another  type  of  securing  order is shown to be
 required by law, the court shall release the principal pending trial  on
 the  principal's  own  recognizance,  unless  it is demonstrated and the
 court makes an individualized determination that the principal  poses  a
 risk of flight to avoid prosecution OR THAT THE PRINCIPAL POSES A DANGER
 TO  A PERSON OR THE COMMUNITY. If such a finding is made, the court must
 select the least restrictive alternative  and  condition  or  conditions
 that  will reasonably assure the principal's return to court.  The court
 shall explain its choice of release, release with  conditions,  bail  or
 remand on the record [or] AND in writing.
   3.  In  cases  other  than  as  described  in subdivision four of this
 section the court shall release the principal pending trial on the prin-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08924-01-1

 A. 5265                             2
 
 cipal's own recognizance, unless the court finds on the record [or]  AND
 in writing that:
   (A)  release  on  the principal's own recognizance will not reasonably
 assure the principal's return to court. In  such  instances,  the  court
 shall release the principal under non-monetary conditions, selecting the
 least restrictive alternative and conditions that will reasonably assure
 the  principal's  return to court. The court shall explain its choice of
 alternative and conditions on the record [or] AND in writing; OR
   (B) THE PRINCIPAL POSES A DANGER TO A PERSON OR THE COMMUNITY. IN SUCH
 INSTANCES, THE COURT MAY IN ITS DISCRETION RELEASE THE PRINCIPAL PENDING
 TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE OR UNDER  NON-MONETARY  CONDI-
 TIONS  OR  COMMIT THE PRINCIPAL TO THE CUSTODY OF THE SHERIFF, SELECTING
 THE LEAST RESTRICTIVE ALTERNATIVE AND CONDITIONS  THAT  WILL  REASONABLY
 ASSURE  THE  SAFETY  OF  SUCH  PERSON OR THE COMMUNITY. A SECURING ORDER
 COMMITTING THE PRINCIPAL TO THE CUSTODY OF THE SHERIFF SHALL BE  LIMITED
 TO  A  DURATION OF NINETY DAYS WHERE THE PRINCIPAL STANDS CHARGED WITH A
 MISDEMEANOR OR ONE  HUNDRED  EIGHTY  DAYS  WHERE  THE  PRINCIPAL  STANDS
 CHARGED  WITH A FELONY. WHERE A PRINCIPAL IS COMMITTED TO THE CUSTODY OF
 THE SHERIFF, THE PROSECUTOR MAY MAKE A MOTION TO EXTEND THE DURATION  OF
 SUCH CUSTODY BEYOND THE LIMITS IMPOSED PURSUANT TO THIS PARAGRAPH, WHERE
 SUCH  EXTENSION  IS  APPROPRIATE  IN THE INTERESTS OF JUSTICE. THE COURT
 SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND CONDITIONS ON THE RECORD AND
 IN WRITING.
   § 2. Paragraph (a) of subdivision 1 of section 530.20 of the  criminal
 procedure  law,  as added by section 16 of part JJJ of chapter 59 of the
 laws of 2019, is amended to read as follows:
   (a) In cases other than as described in paragraph (b) of this subdivi-
 sion the court shall release the principal pending trial on the  princi-
 pal's own recognizance, unless the court finds on the record [or] AND in
 writing that:
   (I)  release  on  the principal's own recognizance will not reasonably
 assure the principal's return to court. In  such  instances,  the  court
 shall release the principal under non-monetary conditions, selecting the
 least restrictive alternative and conditions that will reasonably assure
 the  principal's  return to court. The court shall explain its choice of
 alternative and conditions on the record [or] AND in writing; OR
   (II) THE PRINCIPAL POSES A DANGER TO A PERSON  OR  THE  COMMUNITY.  IN
 SUCH  INSTANCES,  THE  COURT MAY IN ITS DISCRETION RELEASE THE PRINCIPAL
 PENDING TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE OR UNDER  NON-MONETARY
 CONDITIONS  OR  COMMIT  THE  PRINCIPAL  TO  THE  CUSTODY OF THE SHERIFF,
 SELECTING THE LEAST RESTRICTIVE ALTERNATIVE  AND  CONDITIONS  THAT  WILL
 REASONABLY ASSURE THE SAFETY OF SUCH PERSON OR THE COMMUNITY. A SECURING
 ORDER  COMMITTING  THE  PRINCIPAL TO THE CUSTODY OF THE SHERIFF SHALL BE
 LIMITED TO A DURATION OF NINETY DAYS WHERE THE PRINCIPAL STANDS  CHARGED
 WITH A MISDEMEANOR OR ONE HUNDRED EIGHTY DAYS WHERE THE PRINCIPAL STANDS
 CHARGED  WITH A FELONY. WHERE A PRINCIPAL IS COMMITTED TO THE CUSTODY OF
 THE SHERIFF, THE PROSECUTOR MAY MAKE A MOTION TO EXTEND THE DURATION  OF
 SUCH  CUSTODY  BEYOND  THE LIMITS IMPOSED PURSUANT TO THIS SUBPARAGRAPH,
 WHERE SUCH EXTENSION IS APPROPRIATE IN THE  INTERESTS  OF  JUSTICE.  THE
 COURT  SHALL  EXPLAIN  ITS  CHOICE  OF ALTERNATIVE AND CONDITIONS ON THE
 RECORD AND IN WRITING.
   § 3. Subdivision 3 of section 530.40 of the criminal procedure law, as
 amended by section 18 of part JJJ of chapter 59 of the laws of 2019,  is
 amended to read as follows:
   3.  In  cases  other  than  as  described  in subdivision four of this
 section the court shall release the principal pending trial on the prin-

 A. 5265                             3
 
 cipal's own recognizance, unless the court finds on the record [or]  AND
 in writing that:
   (A)  release  on  the principal's own recognizance will not reasonably
 assure the principal's return to court. In  such  instances,  the  court
 shall release the principal under non-monetary conditions, selecting the
 least restrictive alternative and conditions that will reasonably assure
 the  principal's  return to court. The court shall explain its choice of
 alternative and conditions on the record [or] AND in writing; OR
   (B) THE PRINCIPAL POSES A DANGER TO A PERSON OR THE COMMUNITY. IN SUCH
 INSTANCES, THE COURT MAY IN ITS DISCRETION RELEASE THE PRINCIPAL PENDING
 TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE OR UNDER  NON-MONETARY  CONDI-
 TIONS  OR  COMMIT THE PRINCIPAL TO THE CUSTODY OF THE SHERIFF, SELECTING
 THE LEAST RESTRICTIVE ALTERNATIVE AND CONDITIONS  THAT  WILL  REASONABLY
 ASSURE  THE  SAFETY  OF  SUCH  PERSON OR THE COMMUNITY. A SECURING ORDER
 COMMITTING THE PRINCIPAL TO THE CUSTODY OF THE SHERIFF SHALL BE  LIMITED
 TO  A  DURATION OF NINETY DAYS WHERE THE PRINCIPAL STANDS CHARGED WITH A
 MISDEMEANOR OR ONE  HUNDRED  EIGHTY  DAYS  WHERE  THE  PRINCIPAL  STANDS
 CHARGED  WITH A FELONY. WHERE A PRINCIPAL IS COMMITTED TO THE CUSTODY OF
 THE SHERIFF, THE PROSECUTOR MAY MAKE A MOTION TO EXTEND THE DURATION  OF
 SUCH CUSTODY BEYOND THE LIMITS IMPOSED PURSUANT TO THIS PARAGRAPH, WHERE
 SUCH  EXTENSION  IS  APPROPRIATE  IN THE INTERESTS OF JUSTICE. THE COURT
 SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND CONDITIONS ON THE RECORD AND
 IN WRITING.
   § 4. Subdivision 1 of section 510.30 of the criminal procedure law, as
 amended by section 5 of part JJJ of chapter 59 of the laws of  2019,  is
 amended to read as follows:
   1.  With  respect  to  any  principal,  the court in all cases, unless
 otherwise provided by law, must impose the least  restrictive  kind  and
 degree of control or restriction that is necessary to secure the princi-
 pal's  return  to  court  when required. In determining that matter, the
 court must, on the basis of available  information,  consider  and  take
 into  account  information  about  the principal that is relevant to the
 principal's return to court, including:
   (a) The principal's activities and history, INCLUDING BUT NOT  LIMITED
 TO, WHETHER SUCH PRINCIPAL HAS A HISTORY OF VIOLENCE;
   (b) If the principal is a defendant, the charges facing the principal,
 INCLUDING  BUT  NOT  LIMITED  TO,  THE USE OR THREATENED USE OF PHYSICAL
 FORCE BY SUCH PRINCIPAL;
   (c) The principal's criminal conviction record if any;
   (d) The principal's record of  previous  adjudication  as  a  juvenile
 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;
   (e)  The  principal's  previous record with respect to flight to avoid
 criminal prosecution;
   (f) If monetary bail is authorized, according to the restrictions  set
 forth in this title, the principal's individual financial circumstances,
 and,  in cases where bail is authorized, the principal's ability to post
 bail without posing undue hardship, as well as his  or  her  ability  to
 obtain a secured, unsecured, or partially secured bond;
   (g)  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 follow-
 ing factors:
   (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

 A. 5265                             4
 
 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
   (ii) the principal's history of use or possession of a firearm; [and]
   (h) If the principal is a defendant, in the case of an application for
 a  securing  order  pending  appeal,  the  merit or lack of merit of the
 appeal[.]; AND
   (I) THE NATURE AND SERIOUSNESS OF THE DANGER TO ANY  OTHER  PERSON  OR
 THE  COMMUNITY THAT WOULD BE POSED BY THE PRINCIPAL'S RELEASE, IF APPLI-
 CABLE.
   § 5. Subparagraph (iii) of paragraph (a) and paragraph (b) of subdivi-
 sion 1 of section 245.10 of the  criminal  procedure  law,  subparagraph
 (iii) of paragraph (a) as amended by section 1 of part HHH of chapter 56
 of  the laws of 2020 and paragraph (b) as added by section 2 of part LLL
 of chapter 59 of the laws of 2019, are amended to read as follows:
   (iii) Notwithstanding the timelines contained in the opening paragraph
 of this paragraph, the prosecutor's discovery obligation under  subdivi-
 sion one of section 245.20 of this article shall be performed as soon as
 practicable,  but  not  later  than [fifteen] FORTY-FIVE days before the
 trial of a simplified information charging a  traffic  infraction  under
 the  vehicle  and traffic law, or by an information charging one or more
 petty offenses as defined by the municipal  code  of  a  village,  town,
 city,  or county, that do not carry a statutorily authorized sentence of
 imprisonment, and where the defendant stands charged  before  the  court
 with no crime or offense, provided however that nothing in this subpara-
 graph  shall  prevent a defendant from filing a motion for disclosure of
 such items and information under subdivision one of such section  245.20
 of this article at an earlier date.
   (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] FORTY-FIVE calendar
 days prior to the first scheduled trial date.
   § 6. Section 510.50 of the  criminal  procedure  law,  as  amended  by
 section  9  of part JJJ of chapter 59 of the laws of 2019, is amended to
 read as follows:
 § 510.50 Enforcement of securing order.
   1. 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 the principal at such time and place. If the  princi-
 pal  is  at  liberty on the principal's own recognizance or non-monetary
 conditions or on bail, the principal's attendance  may  be  achieved  or
 compelled by various methods, including notification and the issuance of
 a  bench warrant, prescribed by law in provisions governing such matters
 with respect to the particular kind of action or proceeding involved.
   2. Except when the principal is charged with  a  new  crime  while  at
 liberty  OR  WHEN  A  PRINCIPAL  FAILS  TO  APPEAR FOR A SCHEDULED COURT
 APPEARANCE INVOLVING A CHARGE OF A HATE  CRIME  AS  DEFINED  IN  SECTION
 485.05  OF THE PENAL LAW, absent relevant, credible evidence demonstrat-
 ing that a principal's failure to appear for a scheduled  court  appear-
 ance  was  willful,  the  court,  prior to issuing a bench warrant for a
 failure to appear for a scheduled court  appearance,  shall  provide  at
 least forty-eight hours notice to the principal or the principal's coun-
 sel that the principal is required to appear, in order to give the prin-
 cipal an opportunity to appear voluntarily.

 A. 5265                             5
 
   §  7.  Paragraph  (a)  of  subdivision  1 and subdivision 2 of section
 150.20 of the criminal procedure law, paragraph (a) of subdivision 1  as
 amended  by  section  1-a of part JJJ of chapter 59 of the laws of 2019,
 subdivision 2 as amended by chapter 550 of the laws of 1987, are amended
 and a new paragraph (c) is added to subdivision 1 to read as follows:
   (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 OR 265.55 of the penal law,
 he shall, except as set out in [paragraph] PARAGRAPHS  (b)  AND  (C)  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.
   (C) AN OFFICER SHALL NOT ISSUE AN APPEARANCE TICKET IF:
   (I)  THE  PERSON  HAS  A  PENDING CASE FOR THE SAME OFFENSE WITHIN THE
 PREVIOUS SIX MONTHS;
   (II) THE PERSON HAS BEEN CONVICTED OF  THE  SAME  OFFENSE  WITHIN  THE
 PREVIOUS TWO YEARS.
   2.  (a)  Whenever  a  police  officer  has arrested 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
 OR 265.55 of the penal law pursuant to section 140.10, or (b) whenever a
 peace officer, who is not authorized by law to issue an appearance tick-
 et, has arrested a person 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 OR 265.55 of the penal law pursuant to section 140.25,  and
 has  requested  a  police  officer to issue and serve upon such arrested
 person an appearance ticket pursuant  to  subdivision  four  of  section
 140.27,  or (c) whenever a person has been arrested 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 OR 265.55 of the penal law
 and has been delivered to the custody of an appropriate  police  officer
 pursuant to section 140.40, such police officer may, instead of bringing
 such person before a local criminal court and promptly filing or causing
 the arresting peace officer or arresting person to file a local criminal
 court  accusatory  instrument  therewith,  issue  to and serve upon such
 person an appearance ticket. The issuance and service of  an  appearance
 ticket  under  such  circumstances  may be conditioned upon a deposit of
 pre-arraignment bail, as provided in section 150.30.
   § 8. This act shall take effect immediately.