S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3183--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M.  of A. REILLY, NOVAKHOV, BROOK-KRASNY, CHANG, BLUMEN-
   CRANZ, ANGELINO -- read once and referred to the Committee on Codes --
   recommitted to the Committee on Codes in accordance with Assembly Rule
   3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee

 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 by section 1 of subpart C of
 part UU of chapter 56 of the laws of 2022, and the opening paragraph  of
 subdivision  1 and subdivision 3 as amended by section 2 of subpart A of
 part VV of chapter 56 of the laws  of  2023,  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 impose a securing order in accordance with  this
 title.    Except  as  otherwise required by law, the court shall make an
 individualized determination as to whether the principal POSES A  DANGER
 TO A PERSON OR THE COMMUNITY AND MAKE AN INDIVIDUALIZED DETERMINATION AS
 TO  WHETHER  THE  PRINCIPAL poses a risk of flight to avoid prosecution,
 consider the kind and degree of  control  or  restriction  necessary  to
 reasonably assure the principal's return to court, and select a securing
 order  consistent  with  its  determination  under this subdivision. The
 court shall explain the basis for its determination and  its  choice  of
 securing  order  on  the record or in writing. In making a determination
 under this subdivision, the court must consider and  take  into  account
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02040-02-4
              

 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.