S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2571
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced by M. of A. WALKER, SIMON, TAYLOR, L. ROSENTHAL, JEAN-PIERRE,
   SEAWRIGHT,  WEPRIN,  WILLIAMS,  COOK, DICKENS, DAVILA, PRETLOW -- read
   once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to the  issuance
   of securing orders and in relation to making conforming changes

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The criminal procedure law  is  amended  by  adding  a  new
 section 510.25 to read as follows:
 § 510.25 REHEARING AFTER FIVE DAYS IN CUSTODY.
   1.  IN ADDITION TO ANY OTHER AVAILABLE PRE-CONVICTION MOTION OR PROCE-
 DURE, A PRINCIPAL FOR WHOM BAIL IS AUTHORIZED AND WAS FIXED, OR WHO  WAS
 REMANDED  TO  THE  CUSTODY  OF  THE  SHERIFF BUT IS LEGALLY ELIGIBLE FOR
 RELEASE, AND WHO IS IN CUSTODY FIVE DAYS THEREAFTER,  SHALL  BE  BROUGHT
 BEFORE  THE  COURT  THE  NEXT BUSINESS DAY FOR A HEARING ON THE SECURING
 ORDER.
   2. THE PEOPLE MUST ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THAT THE
 PRINCIPAL POSES A SIGNIFICANT RISK OF INTENTIONAL FLIGHT TO AVOID PROSE-
 CUTION, AND THAT NO CONDITION OR COMBINATION OF CONDITIONS WILL  REASON-
 ABLY ASSURE THE PRINCIPAL'S RETURN TO COURT. WHERE THE PRINCIPAL HAS NOT
 BEEN  INDICTED, AND REASONABLE CAUSE HAS NOT PREVIOUSLY BEEN ESTABLISHED
 PURSUANT TO THE RELEVANT PROVISIONS OF SECTIONS 180.60,  180.70,  180.75
 AND  180.80 OF THIS CHAPTER OR THIS SECTION, THE PEOPLE MUST ALSO ESTAB-
 LISH PROBABLE CAUSE THAT THE PRINCIPAL COMMITTED THE CHARGED OFFENSE.
   3. IF THE PEOPLE FAIL PURSUANT TO SUBDIVISION TWO OF THIS  SECTION  TO
 ESTABLISH  THAT  THE  PRINCIPAL  POSES A SIGNIFICANT RISK OF INTENTIONAL
 FLIGHT TO AVOID PROSECUTION AND THAT NO OTHER CONDITION  OR  COMBINATION
 OF CONDITIONS WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT, OR
 IN  A CASE WHERE THERE IS NO INDICTMENT AND NO PREVIOUS FINDING PURSUANT
 TO SECTIONS 180.60, 180.70, 180.75 AND 180.80 OR THIS  SECTION  AND  THE
 PEOPLE FAIL TO ESTABLISH PROBABLE CAUSE THAT THE DEFENDANT COMMITTED THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07099-01-3
              

 A. 2571                             2
 
 CHARGED  OFFENSE,  THE COURT SHALL, BY A NEW SECURING ORDER, RELEASE THE
 PRINCIPAL ON THE  PRINCIPAL'S  OWN  RECOGNIZANCE  OR,  WHERE  AUTHORIZED
 PURSUANT  TO THIS TITLE AND ARTICLES ONE HUNDRED SEVENTY AND ONE HUNDRED
 EIGHTY  OF  THIS  CHAPTER,  UNDER  NON-MONETARY CONDITIONS, EXCEPT WHERE
 ANOTHER TYPE OF SECURING ORDER IS SHOWN TO BE REQUIRED BY LAW.
   4. AT THE HEARING, THE PRINCIPAL SHALL HAVE THE RIGHT  TO  BE  REPRES-
 ENTED  BY  COUNSEL AND, IF FINANCIALLY UNABLE TO OBTAIN COUNSEL, TO HAVE
 COUNSEL ASSIGNED. THE PRINCIPAL SHALL  BE  AFFORDED  AN  OPPORTUNITY  TO
 TESTIFY,  PRESENT  WITNESSES,  CROSS-EXAMINE WITNESSES WHO APPEAR AT THE
 HEARING AND PRESENT INFORMATION BY PROFFER OR  OTHERWISE.    THE  PROSE-
 CUTION  MUST  PRESENT  COMPETENT,  RELIABLE EVIDENCE AND MAY NOT RELY ON
 HEARSAY EVIDENCE TO SATISFY ITS BURDEN.
   5. PRIOR TO THE HEARING, IN ADDITION  TO  THE  DISCOVERY  REQUIRED  BY
 SECTION  240.44  OF THIS CHAPTER, AND SUBJECT TO A PROTECTIVE ORDER, THE
 PROSECUTION SHALL DISCLOSE TO THE PRINCIPAL, AND PERMIT THE PRINCIPAL TO
 DISCOVER, INSPECT, COPY OR PHOTOGRAPH, ON AN  ONGOING  BASIS  CONTINUING
 AFTER SUCH HEARING, ALL STATEMENTS AND REPORTS THAT RELATE OR RELATED TO
 THE  PROSECUTION'S  REQUEST  FOR  CONTINUED  DETENTION  WHICH ARE IN THE
 POSSESSION, CUSTODY OR CONTROL OF THE PROSECUTION, OR PERSONS UNDER  THE
 PROSECUTION'S DIRECTION AND CONTROL, INCLUDING:
   A.  THE CHARGING DOCUMENTS, SUCH AS THE COMPLAINT AND ANY INFORMATION,
 AND THE DOCUMENTS AND MATERIALS SUPPORTING THE CHARGING DOCUMENTS;
   B. POLICE AND LAW ENFORCEMENT REPORTS;
   C. ALL STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING OR
 RECORDING, AND THE SUBSTANCE OF ALL ORAL STATEMENTS, MADE BY THE PRINCI-
 PAL OR A CO-DEFENDANT;
   D. ALL STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING OR
 RECORDING, MADE BY PERSONS WHOM THE PROSECUTOR KNOWS TO HAVE EVIDENCE OR
 INFORMATION THAT RELATES TO THE SUBJECT MATTER OF THE CASE  OR  PROCEED-
 ING;
   E.  ALL STATEMENTS OR REPORTS ON WHICH, AS APPLICABLE, THE PROSECUTION
 INTENDS TO RELY OR RELIED AT THE HEARING; AND
   F. ALL FACTS, EVIDENCE AND INFORMATION  FAVORABLE  TO  THE  PRINCIPAL,
 INCLUDING  BUT  NOT  LIMITED TO INFORMATION THAT TENDS TO NEGATE RISK OF
 FLIGHT OR THE PRINCIPAL'S GUILT OR THAT TENDS TO  MITIGATE  THE  PRINCI-
 PAL'S  CULPABILITY  AS  TO A CHARGED OFFENSE, OR THAT TENDS TO SUPPORT A
 POTENTIAL DEFENSE THERETO, OR THAT TENDS TO SUPPORT A MOTION TO SUPPRESS
 EVIDENCE ON CONSTITUTIONAL OR STATUTORY GROUNDS, OR THAT IS RELEVANT  TO
 A WITNESS'S CREDIBILITY, WITHOUT REGARD TO THE MATERIALITY OF THE INFOR-
 MATION, OR THAT WOULD TEND TO MITIGATE OR REDUCE PUNISHMENT IF THE PRIN-
 CIPAL WERE CONVICTED.
   6.  THIS  PROCESS  SHALL  CONTINUE  WITH  ADDITIONAL  REHEARINGS, HELD
 PROMPTLY ON REASONABLE WRITTEN  REQUEST  OF  DEFENSE  COUNSEL,  MADE  ON
 NOTICE TO THE PEOPLE.
   § 2. Paragraphs (c), (d) and (e) of subdivision 1 of section 510.30 of
 the criminal procedure law, as amended by section 2 of subpart C of part
 UU of chapter 56 of the laws of 2022, are amended to read as follows:
   (c)  The principal's criminal conviction record, if any; PROVIDED THAT
 THE COURT MUST ALSO CONSIDER AND TAKE INTO ACCOUNT  THE  TIME  THAT  HAS
 ELAPSED  SINCE THE OCCURRENCE OF SUCH CRIME OR CRIMES AND THE AGE OF THE
 PRINCIPAL AT THE TIME OF THE OCCURRENCE OF SUCH CRIME OR CRIMES;
   (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; PROVIDED
 THAT THE  COURT  MUST ALSO CONSIDER AND TAKE INTO ACCOUNT THE TIME  THAT
 A. 2571                             3
 
 HAS  ELAPSED SINCE THE OCCURRENCE OF SUCH DELINQUENCY OR YOUTHFUL OFFEN-
 DER CONDUCT AND THE AGE OF THE PRINCIPAL AT THE TIME OF SUCH DELINQUENCY
 OR YOUTHFUL OFFENDER CONDUCT;
   (e) The principal's previous record with respect to INTENTIONAL flight
 to avoid criminal prosecution;
   §  3.  Subparagraph  (i)  of paragraph (b) of subdivision 3 of section
 510.45 of the criminal procedure law, as added by section 8 of part  JJJ
 of chapter 59 of the laws of 2019, is amended to read as follows:
   (i)  designed  and  implemented  in a way that ensures the results are
 free from discrimination AND ANY  DISPARATE  IMPACTS  ON  DETENTION  AND
 OTHER OUTCOMES on the basis of race, CREED, COLOR, national origin, sex,
 SEXUAL  ORIENTATION,  GENDER  IDENTITY  OR  EXPRESSION, MILITARY STATUS,
 DISABILITY, or any other protected class, REGARDING THE USE THEREOF; and
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.