A. 3183--A 2
available information about the principal, including, BUT NOT LIMITED
TO:
(a) The principal's CHARACTER, REPUTATION, HABITS, activities [and],
history AND MENTAL CONDITION;
(b) If the principal is a defendant, the charges facing the 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 354.1 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 RESPONDING TO
COURT APPEARANCES WHEN REQUIRED OR WITH RESPECT to flight to avoid crim-
inal 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] SUCH PRINCI-
PAL'S ability to obtain a secured, unsecured, or partially secured bond;
(g) Any violation by the principal of an order of protection issued by
any court;
(h) The principal's history of use or possession of a firearm;
(i) Whether the charge is alleged to have caused serious harm to an
individual or group of individuals; [and]
(j) 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; AND
(K) 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.
3. In cases other than as described in subdivision four of this
section, the court shall release the principal pending trial on the
principal'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 as provided
for in subdivision three-a of section 500.10 of this title that will
reasonably assure the principal's return to court. The court shall
explain its choice of securing order on the record or in writing; OR
(B) THE PRINCIPAL POSES A RISK OF DANGER TO A PERSON OR THE COMMUNITY.
IN SUCH INSTANCES, THE COURT MAY IN ITS DISCRETION RELEASE THE PRINCIPAL
PENDING TRIAL UNDER NON-MONETARY CONDITIONS OR COMMIT THE PRINCIPAL TO
THE CUSTODY OF THE SHERIFF, CONSIDERING THE KIND AND DEGREE OF CONTROL
OR RESTRICTION NECESSARY TO 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) and the opening paragraph of paragraph (b) of
subdivision 1 of section 530.20 of the criminal procedure law, as
A. 3183--A 3
amended by section 6 of subpart A of part VV of chapter 56 of the laws
of 2023, are 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 [or], release the principal pending trial under
non-monetary conditions, OR COMMIT THE PRINCIPAL TO THE CUSTODY OF THE
SHERIFF, the determination for which shall be made in accordance with
subdivision one of section 510.10 of this title. The court shall explain
the basis for its determination and choice of securing order on the
record or in writing.
Where the principal stands charged with a qualifying offense, the
court, unless otherwise prohibited by law, may in its discretion release
the principal pending trial on the principal's own recognizance or under
non-monetary conditions, fix bail, order non-monetary conditions in
conjunction with fixing bail, or, where the defendant is charged with a
qualifying offense [which is a felony], the court may commit the princi-
pal to the custody of the sheriff. The court shall explain its choice of
securing order on the record or in writing. A principal stands charged
with a qualifying offense when [he or she] SUCH PRINCIPAL stands charged
with:
§ 3. Subdivision 3 of section 530.40 of the criminal procedure law, as
amended by section 8 of subpart A of part VV of chapter 56 of the laws
of 2023, 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-
cipal's own recognizance [or], release the principal pending trial under
non-monetary conditions, OR COMMIT THE PRINCIPAL TO THE CUSTODY OF THE
SHERIFF, the determination for which shall be made in accordance with
section 510.10 of this title. The court shall explain the basis for its
determination and choice of securing order on the record or in writing.
§ 4. Subparagraphs (i), (ii) and (iv) of paragraph (a) of subdivision
1 of section 245.10 of the criminal procedure law, as amended by section
1 of part HHH of chapter 56 of the laws of 2020, are amended to read as
follows:
(i) When a defendant is in custody during the pendency of the criminal
case, the prosecution shall perform its initial discovery obligations
within [twenty] FORTY-FIVE calendar days after the defendant's arraign-
ment on an indictment, superior court information, prosecutor's informa-
tion, information, simplified information, misdemeanor complaint or
felony complaint.
(ii) When the defendant is not in custody during the pendency of the
criminal case, the prosecution shall perform its initial discovery obli-
gations within [thirty-five] SIXTY calendar days after the defendant's
arraignment on an indictment, superior court information, prosecutor's
information, information, simplified information, misdemeanor complaint
or felony complaint.
(iv)(A) 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 to the extent practicable. Information related to or
evidencing the identity of a 911 caller, the victim or witness of ANY
FELONY DEFINED UNDER ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW OR
an offense defined under article one hundred thirty or sections 230.34
and 230.34-a of the penal law, or any other victim or witness of a crime
A. 3183--A 4
where the defendant has substantiated affiliation with a criminal enter-
prise as defined in subdivision three of section 460.10 of the penal
law, OR A CONFIDENTIAL INFORMANT may be withheld, provided, however, the
defendant may move the court for disclosure.
(B) When the discoverable materials are exceptionally voluminous or,
despite diligent, good faith efforts, are otherwise not in the actual
possession of the prosecution, the time period in this paragraph may be
extended pursuant to a motion pursuant to subdivision two of section
245.70 of this article. For purposes of this article, voluminous materi-
als may include, but are not limited to, video footage from body worn
cameras, surveillance cameras or dashboard cameras.
§ 5. The opening paragraph and paragraphs (c), (h) and (u) of subdivi-
sion 1 of section 245.20 of the criminal procedure law, the opening
paragraph and paragraphs (h) and (u) as added by section 2 of part LLL
of chapter 59 of the laws of 2019, and paragraph (c) as amended by
section 2 of part HHH of chapter 56 of the laws of 2020, are amended to
read as follows:
The prosecution shall disclose to the defendant, and permit the
defendant to discover, inspect, copy, photograph and test, all items and
information that [relate] ARE RELEVANT to the subject matter of the case
and are in the possession, custody or control of the prosecution or
persons under the prosecution's direction or control, including but not
limited to:
(c) The names and adequate contact information for all persons other
than law enforcement personnel whom the prosecutor knows to have
evidence or information relevant to any offense charged or to any poten-
tial defense thereto, including a designation by the prosecutor as to
which of those persons may be called as witnesses. Nothing in this para-
graph shall require the disclosure of physical addresses; provided,
however, upon a motion and good cause shown the court may direct the
disclosure of a physical address. Information under this subdivision
relating to the identity of a 911 caller, the victim or witness of ANY
FELONY DEFINED UNDER ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW OR
an offense defined under article one hundred thirty or section 230.34 or
230.34-a of the penal law, any other victim or witness of a crime where
the defendant has substantiated affiliation with a criminal enterprise
as defined in subdivision three of section 460.10 of the penal law, or 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 prosecution shall notify the defendant in writing that
such information has not been disclosed, unless the court rules other-
wise for good cause shown.
(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
hearing, or which [relate] ARE RELEVANT to the subject matter of the
case.
(u) (i) A copy of all electronically created or stored information
seized or obtained by or on behalf of law enforcement from: (A) the
defendant as described in subparagraph (ii) of this paragraph; or (B) a
source other than the defendant which [relates] IS RELEVANT to the
subject matter of the case.
(ii) If the electronically created or stored information originates
from a device, account, or other electronically stored source that the
prosecution believes the defendant owned, maintained, or had lawful
access to and is within the possession, custody or control of the prose-
A. 3183--A 5
cution or persons under the prosecution's direction or control, the
prosecution shall provide a complete copy of the electronically created
or stored information from the device or account or other source.
(iii) If possession of such electronically created or stored informa-
tion would be a crime under New York state or federal law, the prose-
cution shall make those portions of the electronically created or stored
information that are not criminal to possess available as specified
under this paragraph and shall afford counsel for the defendant access
to inspect contraband portions at a supervised location that provides
regular and reasonable hours for such access, such as a prosecutor's
office, police station, or court.
(iv) This paragraph shall not be construed to alter or in any way
affect the right to be free from unreasonable searches and seizures or
such other rights a suspect or defendant may derive from the state
constitution or the United States constitution. If in the exercise of
reasonable diligence the information under this paragraph is not avail-
able for disclosure within the time period required by 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 prosecution shall notify the defendant in writ-
ing that such information has not been disclosed, and such disclosure
shall be made as soon as practicable and not later than forty-five
calendar days before the first scheduled trial date, unless an order is
obtained pursuant to section 245.70 of this article.
§ 6. Subdivision 1 of section 245.30 of the criminal procedure law, as
added by section 2 of part LLL of chapter 59 of the laws of 2019, is
amended to read as follows:
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] ARE RELEVANT 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 to such individual, agency or entity,
on condition that the probative value of that evidence is preserved by a
specified alternative means.
§ 7. Subdivision 2 of section 245.55 of the criminal procedure law, as
added by section 2 of part LLL of chapter 59 of the laws of 2019, is
amended to read as follows:
2. Provision of law enforcement agency files. Absent a court order or
a requirement that defense counsel obtain a security clearance mandated
by law or authorized government regulation, upon request by the prose-
cution, each New York state and local law enforcement agency shall make
available to the prosecution a [complete] copy of its complete records
and files [related] RELEVANT to the investigation of the case or the
prosecution of the defendant for compliance with this article.
§ 8. Subdivision 2 of section 510.50 of the criminal procedure law,
as added by section 9 of part JJJ of chapter 59 of the laws of 2019, is
amended to read as follows:
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
A. 3183--A 6
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.
§ 9. Paragraph (a) of subdivision 1 and subdivision 2 of section
150.20 of the criminal procedure law, paragraph (a) of subdivision 1 as
separately amended by section 1 of subpart B of part VV of chapter 56 of
the laws of 2023 and chapter 23 of the laws of 2024, and subdivision 2
as amended by section 2 of subpart B of part VV of chapter 56 of the
laws of 2023, are amended and a new paragraph (c) is added to subdivi-
sion 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,
former section 130.40, section 205.10, 205.17, 205.19 [or], 215.56 OR
265.55 of the penal law, or other than where an arrest is required to be
made pursuant to subdivision four of section 140.10 of this title, the
officer 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; OR
(II) THE PERSON HAS BEEN CONVICTED OF THE SAME OFFENSE WITHIN THE
PREVIOUS TWO YEARS.
2. (a) Whenever, pursuant to section 140.10 of this title, 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
or other than where an arrest was required to be made pursuant to subdi-
vision four of section 140.10 of this title, or (b) whenever a peace
officer, who is not authorized by law to issue an appearance ticket, 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 of this
title, and such peace officer has requested a police officer to issue
and serve upon such arrested person an appearance ticket pursuant to
subdivision four of section 140.27 of this title, 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 such person has been deliv-
ered to the custody of an appropriate police officer pursuant to section
140.40 of this title, 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.
§ 10. Paragraph (a) of subdivision 1 of section 150.20 of the criminal
procedure law, as amended by section 1 of subpart B of part VV of chap-
ter 56 of the laws of 2023, is amended 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,
or other than where an arrest is required to be made pursuant to subdi-
A. 3183--A 7
vision four of section 140.10 of this title, the officer 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.
§ 11. This act shall take effect immediately; provided, however, that
section nine of this act shall take effect on the same date and in the
same manner as chapter 23 of the laws of 2024, takes effect.