S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5427
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2023
                                ___________
 
 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to  amend  the  criminal  procedure  law  and the penal law, in
   relation to providing judges more discretion regarding securing orders
   and limiting the lengths of certain orders and increasing the  lengths
   of certain prison sentences; to repeal certain provisions of the crim-
   inal procedure law, the judiciary law, the executive law and the penal
   law  relating  thereto;  to repeal certain provisions of the executive
   law relating to the use of force by law  enforcement;  and  to  repeal
   certain provisions of the criminal procedure law relating to discovery
   and motions to vacate judgments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 150.10 of the  criminal  procedure
 law is REPEALED.
   § 2. Subdivision 1 of section 150.20 of the criminal procedure law, as
 amended by section 1-a of part JJJ of chapter 59 of the laws of 2019 and
 subparagraph  (viii) of paragraph (b) as amended and subparagraphs (ix),
 (x), and (xi) of paragraph (b)  as added by section 1 of  subpart  B  of
 part  UU  of  chapter  56  of  the  laws  of 2022, 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 [shall,
 except as set out in paragraph (b) of  this  subdivision]  OR  SHE  MAY,
 subject  to  the  provisions  of  subdivisions three and four of section
 150.40 of this [title] ARTICLE, instead issue to  and  serve  upon  such
 person an appearance ticket.
   [(b) An officer is not required to issue an appearance ticket if:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08915-01-3
 A. 5427                             2
              

   (i)  the  person  has  one or more outstanding local criminal court or
 superior court warrants;
   (ii)  the person has failed to appear in court proceedings in the last
 two years;
   (iii) the person 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 individual  to  the  jurisdiction  of  the  court.  For  the
 purposes  of  this  section,  an  officer may rely on various factors to
 determine a person's identity, including but  not  limited  to  personal
 knowledge  of  such person, such person's self-identification, or photo-
 graphic identification. There is no requirement that  a  person  present
 photographic  identification  in order to be issued an appearance ticket
 in lieu of arrest where the person's identity is  otherwise  verifiable;
 however,  if offered by such person, an officer shall accept as evidence
 of identity the following: a valid driver's license or non-driver  iden-
 tification card issued by the commissioner of motor vehicles, the feder-
 al  government, any United States territory, commonwealth or possession,
 the District of Columbia, a state  government  or  municipal  government
 within  the  United States or a provincial government of the dominion of
 Canada; a valid passport issued by the United States government  or  any
 other  country; an identification card issued by the armed forces of the
 United States; a public benefit card, as defined  in  paragraph  (a)  of
 subdivision one of section 158.00 of the penal law;
   (iv)  the  person  is charged with a crime between members of the same
 family or household, as defined in subdivision one of section 530.11  of
 this chapter;
   (v)  the  person is charged with a crime defined in article 130 of the
 penal law;
   (vi) it reasonably appears the person should  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)  the  person  is  charged  with  a crime for which the court may
 suspend or revoke his or her driver license;
   (viii) it reasonably appears to the officer,  based  on  the  observed
 behavior  of  the individual in the present contact with the officer and
 facts regarding the person's condition that indicates a sign of distress
 to such a degree that the  person  would  face  harm  without  immediate
 medical or mental health care, that bringing the person before the court
 would  be  in  such person's interest in addressing that need; provided,
 however, that before making the  arrest,  the  officer  shall  make  all
 reasonable   efforts  to  assist  the  person  in  securing  appropriate
 services;
   (ix) the person is eighteen years of age or  older  and  charged  with
 criminal  possession of a weapon on school grounds as defined in section
 265.01-a of the penal law;
   (x) the person is eighteen years of age or older and  charged  with  a
 hate crime as defined in section 485.05 of the penal law; or
   (xi)  the offense is a qualifying offense pursuant to paragraph (t) of
 subdivision four of section 510.10 of this chapter, or pursuant to para-
 graph (t) of subdivision four of section 530.40 of this chapter.]
   § 3. The criminal procedure law is amended by  adding  a  new  section
 150.30 to read as follows:
 § 150.30 APPEARANCE  TICKET;  ISSUANCE  AND SERVICE THEREOF AFTER ARREST
            UPON POSTING OF PRE-ARRAIGNMENT BAIL.
 A. 5427                             3
 
   1. ISSUANCE AND SERVICE OF AN APPEARANCE TICKET BY  A  POLICE  OFFICER
 FOLLOWING  AN ARREST WITHOUT A WARRANT, AS PRESCRIBED IN SUBDIVISION TWO
 OF SECTION 150.20 OF THIS ARTICLE, MAY  BE  MADE  CONDITIONAL  UPON  THE
 POSTING  OF A SUM OF MONEY, KNOWN AS PRE-ARRAIGNMENT BAIL. IN SUCH CASE,
 THE  BAIL BECOMES FORFEIT UPON FAILURE OF SUCH PERSON TO COMPLY WITH THE
 DIRECTIONS OF THE APPEARANCE TICKET. THE PERSON POSTING SUCH  BAIL  MUST
 COMPLETE  AND SIGN A FORM WHICH STATES (A) THE NAME, RESIDENTIAL ADDRESS
 AND OCCUPATION OF EACH PERSON POSTING CASH BAIL; AND (B)  THE  TITLE  OF
 THE  CRIMINAL  ACTION  OR  PROCEEDING  INVOLVED;  AND (C) THE OFFENSE OR
 OFFENSES WHICH ARE THE SUBJECTS OF THE ACTION  OR  PROCEEDING  INVOLVED,
 AND  THE  STATUS  OF  SUCH ACTION OR PROCEEDING; AND (D) THE NAME OF THE
 PRINCIPAL AND THE NATURE OF HIS OR HER INVOLVEMENT IN OR CONNECTION WITH
 SUCH ACTION OR PROCEEDING; AND (E) THE  DATE  OF  THE  PRINCIPAL'S  NEXT
 APPEARANCE  IN COURT; AND (F) AN ACKNOWLEDGEMENT THAT THE CASH BAIL WILL
 BE FORFEITED IF THE PRINCIPAL DOES NOT COMPLY WITH THE DIRECTIONS OF THE
 APPEARANCE TICKET; AND (G) THE AMOUNT OF MONEY POSTED AS CASH BAIL. SUCH
 PRE-ARRAIGNMENT BAIL MAY BE POSTED AS PROVIDED  IN  SUBDIVISION  TWO  OR
 THREE OF THIS SECTION.
   2.  A  DESK  OFFICER  IN  CHARGE  AT A POLICE STATION, COUNTY JAIL, OR
 POLICE HEADQUARTERS, OR ANY OF HIS OR HER SUPERIOR OFFICERS, MAY IN SUCH
 PLACE, FIX PRE-ARRAIGNMENT BAIL, IN AN AMOUNT PRESCRIBED IN THIS  SUBDI-
 VISION,  AND UPON THE POSTING THEREOF MUST ISSUE AND SERVE AN APPEARANCE
 TICKET UPON THE ARRESTED PERSON,  GIVE  A  RECEIPT  FOR  THE  BAIL,  AND
 RELEASE SUCH PERSON FROM CUSTODY. SUCH PRE-ARRAIGNMENT BAIL MAY BE FIXED
 IN THE FOLLOWING AMOUNTS:
   (A)  IF  THE ARREST WAS FOR A CLASS E FELONY, ANY AMOUNT NOT EXCEEDING
 SEVEN HUNDRED FIFTY DOLLARS.
   (B) IF THE ARREST WAS FOR  A  CLASS  A  MISDEMEANOR,  ANY  AMOUNT  NOT
 EXCEEDING FIVE HUNDRED DOLLARS.
   (C)  IF  THE  ARREST  WAS FOR A CLASS B MISDEMEANOR OR AN UNCLASSIFIED
 MISDEMEANOR, ANY AMOUNT NOT EXCEEDING TWO HUNDRED FIFTY DOLLARS.
   (D) IF THE ARREST WAS FOR A PETTY OFFENSE, ANY  AMOUNT  NOT  EXCEEDING
 ONE HUNDRED DOLLARS.
   3.  A  POLICE  OFFICER,  WHO  HAS  ARRESTED A PERSON WITHOUT A WARRANT
 PURSUANT TO SUBDIVISION TWO OF SECTION 150.20  OF  THIS  ARTICLE  FOR  A
 TRAFFIC  INFRACTION,  MAY, WHERE HE OR SHE REASONABLY BELIEVES THAT SUCH
 ARRESTED PERSON IS NOT LICENSED TO OPERATE A MOTOR VEHICLE BY THIS STATE
 OR ANY STATE COVERED BY A RECIPROCAL COMPACT GUARANTEEING APPEARANCE  AS
 IS PROVIDED IN SECTION FIVE HUNDRED SEVENTEEN OF THE VEHICLE AND TRAFFIC
 LAW,  FIX PRE-ARRAIGNMENT BAIL IN THE AMOUNT OF FIFTY DOLLARS; PROVIDED,
 HOWEVER, SUCH BAIL SHALL BE POSTED BY MEANS OF A CREDIT CARD OR  SIMILAR
 DEVICE.   UPON THE POSTING THEREOF, SAID OFFICER MUST ISSUE AND SERVE AN
 APPEARANCE TICKET UPON THE ARRESTED PERSON, GIVE A RECEIPT FOR THE BAIL,
 AND RELEASE SUCH PERSON FROM CUSTODY.
   4. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ESTABLISH A SYSTEM  FOR
 THE  POSTING  OF PRE-ARRAIGNMENT BAIL BY MEANS OF CREDIT CARD OR SIMILAR
 DEVICE, AS IS PROVIDED BY SECTION TWO HUNDRED TWELVE  OF  THE  JUDICIARY
 LAW. THE HEAD OF EACH POLICE DEPARTMENT OR POLICE FORCE AND OF ANY STATE
 DEPARTMENT,  AGENCY, BOARD, COMMISSION OR PUBLIC AUTHORITY HAVING POLICE
 OFFICERS WHO FIX PRE-ARRAIGNMENT BAIL AS PROVIDED HEREIN  MAY  ELECT  TO
 USE  THE  SYSTEM ESTABLISHED BY THE CHIEF ADMINISTRATOR OR MAY ESTABLISH
 SUCH OTHER SYSTEM FOR THE POSTING OF PRE-ARRAIGNMENT BAIL  BY  MEANS  OF
 CREDIT CARD OR SIMILAR DEVICE AS HE OR SHE MAY DEEM APPROPRIATE.
   § 4. Subdivision 1 of section 150.40 of the criminal procedure law, as
 amended  by  section  8 of part UU of chapter 56 of the laws of 2020, is
 amended to read as follows:
 A. 5427                             4
 
   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; or at the next scheduled session of the appropriate local criminal
 court if such session is scheduled to occur more than twenty  days  from
 the  date  of  issuance; or at a later date, with the court's permission
 due to enrollment in a pre-arraignment diversion program. 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. Section 150.80 of the criminal procedure law is REPEALED.
   §  6. Subdivision 2 of section 245.30 of the criminal procedure law is
 REPEALED.
   § 7. Subdivision 9 of section 440.10 of the criminal procedure law  is
 REPEALED.
   § 8. Subparagraph (iii) of paragraph (i) and paragraph (j) of subdivi-
 sion  1  of  section  440.10 of the criminal procedure law, subparagraph
 (iii) of paragraph (i) as amended by chapter 629 of the laws of 2021 and
 paragraph (j) as amended by chapter 131 of the laws of 2019, are amended
 to read as follows:
   (iii) when a motion is filed under this paragraph, the court may, upon
 the consent of the petitioner and all of the state and local  prosecuto-
 rial agencies that prosecuted each matter, consolidate into one proceed-
 ing  a motion to vacate judgments imposed by distinct or multiple crimi-
 nal courts[; or
   (j) The judgment is a conviction for a class A or unclassified  misde-
 meanor  entered prior to the effective date of this paragraph and satis-
 fies the ground prescribed in paragraph (h) of this subdivision.   There
 shall  be  a rebuttable presumption that a conviction by plea to such an
 offense was not knowing, voluntary and  intelligent,  based  on  ongoing
 collateral  consequences,  including  potential  or  actual  immigration
 consequences, and  there  shall  be  a  rebuttable  presumption  that  a
 conviction  by  verdict  constitutes  cruel and unusual punishment under
 section five of article one of the  state  constitution  based  on  such
 consequences]; or
   §  9. Subdivisions 3-a, 3-b, 21 and 22 of section 500.10 of the crimi-
 nal procedure law are REPEALED.
   § 10. Subdivisions 5, 6, 7 and 9 of section  500.10  of  the  criminal
 procedure  law,  as  amended by section 1-e of part JJJ of chapter 59 of
 the laws of 2019, are amended to read as follows:
   5. "Securing order" means an order of a court committing  a  principal
 to  the  custody  of the sheriff, or fixing bail, [where authorized,] or
 releasing the principal on the principal's own recognizance [or  releas-
 ing the principal under non-monetary conditions].
   6.  "Order of recognizance or bail" means a securing order releasing a
 principal on the principal's own  recognizance  or  [under  non-monetary
 conditions or, where authorized,] fixing bail.
   7.  "Application  for  recognizance or bail" means an application by a
 principal that the court, instead of  committing  the  principal  to  or
 retaining  the  principal  in the custody of the sheriff, either release
 the principal on the principal's own recognizance[, release  under  non-
 monetary conditions, or, where authorized,] OR fix bail.
   9.  "Bail"  means  cash  bail[,]  OR a bail bond [or money paid with a
 credit card].
   § 11. Section 510.10 of the criminal  procedure  law,  as  amended  by
 section  2  of part JJJ of chapter 59 of the laws of 2019, subdivision 1
 as amended by section 1 of subpart C of part UU of  chapter  56  of  the
 A. 5427                             5
 
 laws  of 2022, subdivision 4 as amended by section 2 of part UU of chap-
 ter 56 of the laws of 2020, and paragraphs (s) and (t) of subdivision  4
 as  amended  and paragraph (u) of subdivision 4 as added by section 2 of
 subpart  B  of  part UU of chapter 56 of the laws of 2022, is amended to
 read as follows:
 § 510.10 Securing order; when required[; alternatives available;  stand-
            ard 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 shall, [in accordance with this title,]
 by a securing order, EITHER 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 prin-
 cipal 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.  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 in writing.  In  making
 its  determination, the court must consider and take into account avail-
 able information about the principal, including:
   (a) The principal's activities and history;
   (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 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) 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) 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.
   2.  A  principal  is  entitled to representation by counsel under this
 chapter in preparing an application for release, when a  securing  order
 is  being  considered  and  when  a securing order is being reviewed for
 modification, revocation or termination. If the principal is financially
 unable to obtain counsel, counsel shall be assigned to the principal.
   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,  unless  the court finds on the record or in
 writing that release  on  the  principal's  own  recognizance  will  not
 reasonably  assure  the  principal's return to court. In such instances,
 A. 5427                             6

 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 in
 writing.
   4. 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, or, where the defendant is charged
 with a qualifying offense which is a felony, the court  may  commit  the
 principal to the custody of the sheriff. A principal stands charged with
 a qualifying offense for the purposes of this subdivision when he or she
 stands charged with:
   (a)  a felony enumerated in section 70.02 of the penal law, other than
 robbery in the second degree as defined in subdivision  one  of  section
 160.10  of the penal law, provided, however, that burglary in the second
 degree as defined in subdivision two of section 140.25 of the penal  law
 shall  be  a qualifying offense only where the defendant is charged with
 entering the living area of the dwelling;
   (b) a crime involving witness intimidation under section 215.15 of the
 penal law;
   (c) a crime involving witness tampering under section  215.11,  215.12
 or 215.13 of the penal law;
   (d) a class A felony defined in the penal law, provided that for class
 A felonies under article two hundred twenty of the penal law, only class
 A-I felonies shall be a qualifying offense;
   (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the  penal  law, or a felony sex offense defined in section 70.80 of the
 penal law, or a crime involving incest as  defined  in  section  255.25,
 255.26  or  255.27  of such law, or a misdemeanor defined in article one
 hundred thirty of such law;
   (f) conspiracy in the second degree as defined in  section  105.15  of
 the  penal  law,  where the underlying allegation of such charge is that
 the defendant conspired to commit a class A felony  defined  in  article
 one hundred twenty-five of the penal law;
   (g)  money  laundering  in support of terrorism in the first degree as
 defined in section 470.24 of the penal law; money laundering in  support
 of  terrorism  in  the second degree as defined in section 470.23 of the
 penal law; money laundering in support of terrorism in the third  degree
 as  defined  in  section  470.22  of  the penal law; money laundering in
 support of terrorism in the fourth degree as defined in  section  470.21
 of  the  penal law; or a felony crime of terrorism as defined in article
 four hundred ninety of the penal law, other than the  crime  defined  in
 section 490.20 of such law;
   (h)  criminal  contempt in the second degree as defined in subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
 the  penal  law  or  aggravated  criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a
 duly served order of protection where the protected party is a member of
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this title;
   (i)  facilitating  a  sexual  performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 A. 5427                             7

 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70  of  the  penal law, promoting an obscene sexual performance by a
 child as defined in section 263.10 of the penal law or promoting a sexu-
 al performance by a child as defined in section 263.15 of the penal law;
   (j)  any  crime  that  is  alleged to have caused the death of another
 person;
   (k) criminal obstruction of breathing or blood circulation as  defined
 in  section  121.11 of the penal law, strangulation in the second degree
 as defined in section 121.12 of the penal law or  unlawful  imprisonment
 in  the  first degree as defined in section 135.10 of the penal law, and
 is alleged to have committed the offense against a member of the defend-
 ant's same family or household as defined in subdivision one of  section
 530.11 of this title;
   (l) aggravated vehicular assault as defined in section 120.04-a of the
 penal law or vehicular assault in the first degree as defined in section
 120.04 of the penal law;
   (m)  assault  in  the third degree as defined in section 120.00 of the
 penal law or arson in the third degree as defined in section  150.10  of
 the  penal law, when such crime is charged as a hate crime as defined in
 section 485.05 of the penal law;
   (n) aggravated assault upon a person less than  eleven  years  old  as
 defined  in  section 120.12 of the penal law or criminal possession of a
 weapon on school grounds as defined in section  265.01-a  of  the  penal
 law;
   (o)  grand larceny in the first degree as defined in section 155.42 of
 the penal law, enterprise corruption as defined in section 460.20 of the
 penal law, or money laundering in the first degree as defined in section
 470.20 of the penal law;
   (p) failure to register as a sex  offender  pursuant  to  section  one
 hundred  sixty-eight-t  of the correction law or endangering the welfare
 of a child as defined in subdivision one of section 260.10 of the  penal
 law,  where  the  defendant  is  required to maintain registration under
 article six-C of the correction law and designated a level three  offen-
 der  pursuant to subdivision six of section one hundred sixty-eight-l of
 the correction law;
   (q) a crime involving bail jumping under  section  215.55,  215.56  or
 215.57  of  the  penal  law,  or a crime involving escaping from custody
 under section 205.05, 205.10 or 205.15 of the penal law;
   (r) any felony offense committed by  the  principal  while  serving  a
 sentence of probation or while released to post release supervision;
   (s)  a  felony,  where  the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law;
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined in section 265.01-b of the penal law,  provided,  however,  that
 the  prosecutor must show reasonable cause to believe that the defendant
 committed the instant crime and any underlying crime. For  the  purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-
 A. 5427                             8

 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  his or her own recognizance or under appropriate non-mone-
 tary conditions; or
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the penal law.
   5.  Notwithstanding  the  provisions of subdivisions three and four of
 this section, with respect to any charge for which bail or remand is not
 ordered, and for which the  court  would  not  or  could  not  otherwise
 require  bail  or remand, a defendant may, at any time, request that the
 court set bail in a nominal amount requested by  the  defendant  in  the
 form  specified in paragraph (a) of subdivision one of section 520.10 of
 this title; if the court is satisfied that the request is voluntary, the
 court shall set such bail in such amount.
   6.] 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 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 commit-
 ted  the  principal  to the custody of the sheriff, the court shall give
 written notification to the sheriff of such revocation or termination of
 the securing order.
   § 12. Section 510.20 of the criminal  procedure  law,  as  amended  by
 section  3  of part JJJ of chapter 59 of the laws of 2019, is amended to
 read as follows:
 § 510.20 Application for [a change in securing  order]  RECOGNIZANCE  OR
            BAIL; MAKING AND DETERMINATION THEREOF IN GENERAL.
   1.  Upon any occasion when a court [has issued] IS REQUIRED TO ISSUE a
 securing order with respect to a principal [and the],  OR  AT  ANY  TIME
 WHEN  A  principal is confined in the custody of the sheriff as a result
 of [the securing order or] a previously issued securing order, the prin-
 cipal may make an application for recognizance[, release under non-mone-
 tary conditions] or bail.
   2. [(a) The principal is entitled to representation by counsel in  the
 making  and presentation of such application. If the principal is finan-
 cially unable to obtain counsel, counsel shall be assigned to the  prin-
 cipal.
   (b)] Upon such application, the principal must be accorded an opportu-
 nity  to  be  heard[,  present evidence] and to contend that an order of
 recognizance[, release under non-monetary conditions] or[, where author-
 ized,] bail must or should issue, that  the  court  should  release  the
 principal  on  the  principal's  own recognizance [or under non-monetary
 conditions] rather than fix bail, and that if bail is  [authorized  and]
 fixed it should be in a suggested amount and form.
   §  13.  Section  510.30  of  the criminal procedure law, as amended by
 section 5 of part JJJ of chapter 59 of the laws of 2019 and  subdivision
 1  as  amended by section 2 of subpart C of part UU of chapter 56 of the
 laws of 2022, is amended to read as follows:
 § 510.30 Application for [securing order] RECOGNIZANCE OR BAIL; rules of
            law and criteria controlling determination.
 A. 5427                             9
 
   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 OF THIS TITLE 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  PRINCIPAL  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 [impose the least restrictive] CONSIDER
 THE kind and degree of control  or  restriction  that  is  necessary  to
 secure  the  principal's  [return to] court ATTENDANCE when required. In
 determining that matter, the court  must,  on  the  basis  of  available
 information, consider and take into account [information about the prin-
 cipal that is relevant to the principal's return to court, including:
   (a) The principal's activities and history;
   (b) If the principal is a defendant, the charges facing the principal;
   (c)] :
   (I)  THE  PRINCIPAL'S  CHARACTER, REPUTATION, HABITS AND MENTAL CONDI-
 TION;
   (II) THE PRINCIPAL'S  EMPLOYMENT AND FINANCIAL RESOURCES;
   (III) THE PRINCIPAL'S  FAMILY TIES AND THE LENGTH OF HIS OR HER  RESI-
 DENCE IF ANY IN THE COMMUNITY;
   (IV) The principal's criminal [conviction] record if any;
   [(d)]  (V)  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;
   [(e)]  (VI)  The  principal's  previous record IF ANY IN 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 ability to
 obtain a secured, unsecured, or partially secured bond;
   (g)] (VII) 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) 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;
   [(h)] AND
   (B) 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)] (VIII) If the  principal  is  a  defendant,  THE  WEIGHT  OF  THE
 EVIDENCE AGAINST HIM OR HER IN THE PENDING CRIMINAL ACTION AND ANY OTHER
 A. 5427                            10
 
 FACTOR INDICATING PROBABILITY OR IMPROBABILITY OF CONVICTION; OR, in the
 case of an application for [a securing order] BAIL OR RECOGNIZANCE pend-
 ing appeal, the merit or lack of merit of the appeal; AND
   (IX)  IF  HE  OR  SHE IS A DEFENDANT, THE SENTENCE WHICH MAY BE OR HAS
 BEEN IMPOSED UPON CONVICTION.
   [2.] (B) Where 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 PARAGRAPH (A) OF THIS
 subdivision [one of this section].
   3. When bail or recognizance is ordered, the court  shall  inform  the
 principal,  if  the principal 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 [may be authorized] to commit the prin-
 cipal to the custody of the sheriff in accordance with the provisions of
 subdivision two of section 530.60 of this [chapter] TITLE if the princi-
 pal commits a subsequent felony while at liberty upon such order.
   § 14. Section 510.40 of the criminal  procedure  law,  as  amended  by
 section  6  of  part JJJ of chapter 59 of the laws of 2019 and paragraph
 (c) of subdivision 4 as amended by section 7 of part UU of chapter 56 of
 the laws of 2020, is amended to read as follows:
 § 510.40 [Court notification to principal of conditions of  release  and
            of  alleged  violations of conditions of release] APPLICATION
            FOR RECOGNIZANCE OR  BAIL;  DETERMINATION  THEREOF,  FORM  OF
            SECURING ORDER AND EXECUTION THEREOF.
   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  OR  HER
 OWN RECOGNIZANCE; OR
   (B) GRANTS THE APPLICATION AND FIXES BAIL; OR
   (C)  DENIES  THE  APPLICATION AND COMMITS THE PRINCIPAL TO, OR RETAINS
 HIM OR HER IN, THE CUSTODY OF THE SHERIFF.
   2. Upon ordering that a principal be released on the  principal's  own
 recognizance,  [or  released  under non-monetary conditions, or, if bail
 has been fixed, upon the posting of bail,] the  court  must  direct  the
 principal  to appear in the criminal action or proceeding involved when-
 ever the principal's attendance may be required and to be at  all  times
 amenable  to the orders and processes of the court. 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 the principal be discharged from  such
 custody or, as the case may be, that the principal's bail be exonerated.
   [2.] 3. Upon the issuance of an order fixing bail[, where authorized,]
 and  upon the posting thereof, the court must examine the bail to deter-
 mine 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 disapproval thereof,  approve  the  bail  and  must  issue  a
 certificate of release, authorizing the principal to be at liberty, and,
 if the principal is in the custody of the sheriff at the time, directing
 the  sheriff  to discharge the principal 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. [In the
 event of any such non-approval, the  court  shall  explain  promptly  in
 writing the reasons therefor.
 A. 5427                            11

   3.  Non-monetary  conditions  of  release  shall be individualized and
 established in writing by the court. At future  court  appearances,  the
 court shall consider a lessening of conditions or modification of condi-
 tions to a less burdensome form based on the principal's compliance with
 such  conditions of release. In the event of alleged non-compliance with
 the conditions of release in an  important  respect,  pursuant  to  this
 subdivision,  additional  conditions may be imposed by the court, on the
 record or in writing, only after notice of the facts  and  circumstances
 of  such  alleged  non-compliance,  reasonable  under the circumstances,
 affording the principal and the principal's attorney and the  people  an
 opportunity to present relevant, admissible evidence, relevant witnesses
 and  to  cross-examine  witnesses, and a finding by clear and convincing
 evidence that the principal violated a condition of release in an impor-
 tant respect. Following such a finding, in determining whether to impose
 additional conditions for non-compliance, the court shall  consider  and
 may  select  conditions consistent with the court's obligation to impose
 the least restrictive  condition  or  conditions  that  will  reasonably
 assure  the  defendant's return to court. The court shall explain on the
 record or in writing the reasons  for  its  determination  and  for  any
 changes to the conditions imposed.
   4.  (a) Electronic monitoring of a principal's location may be ordered
 only if the court finds, after notice, an opportunity to be heard and an
 individualized determination explained on the record or in writing, that
 the defendant qualifies for electronic  monitoring  in  accordance  with
 subdivision  twenty-one  of  section  500.10 of this title, and no other
 realistic non-monetary condition or set of non-monetary conditions  will
 suffice to reasonably assure a principal'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
 procedure and method that will reasonably assure the principal's  return
 to court, and unobtrusive to the greatest extent practicable.
   (c)  Electronic  monitoring  of  the  location  of  a principal may be
 conducted only by a public entity under the supervision and control of a
 county or municipality or a non-profit  entity  under  contract  to  the
 county,  municipality  or  the  state. A county or municipality shall be
 authorized to enter into a contract with another county or  municipality
 in  the  state  to  monitor  principals under non-monetary conditions of
 release in its county, but counties, municipalities and the state  shall
 not  contract  with  any  private  for-profit  entity for such purposes.
 Counties, municipalities and the state may contract with a private  for-
 profit  entity  to  supply electronic monitoring devices or other items,
 provided that any interaction with persons under  electronic  monitoring
 or  the  data  produced  by such monitoring shall be conducted solely by
 employees of a county, municipality, the state, or a  non-profit  entity
 under contract with such county, municipality or the state.
   (d) Electronic monitoring of a principal's location may be for a maxi-
 mum  period  of  sixty  days,  and may be renewed for such period, after
 notice, an opportunity to be heard and a de novo, individualized  deter-
 mination  in  accordance with this subdivision, which shall be explained
 on the record or in writing.
   A defendant subject  to  electronic  location  monitoring  under  this
 subdivision shall be considered held or confined in custody for purposes
 of  section  180.80 of this chapter and shall be considered committed to
 the custody of the sheriff for purposes of section 170.70 of  the  chap-
 ter, as applicable.
 A. 5427                            12

   5. If a principal is released under non-monetary conditions, the court
 shall,  on the record and in an individualized written document provided
 to the principal, notify the principal, in plain language and  a  manner
 sufficiently clear and specific:
   (a) of any conditions to which the principal is subject, to serve as a
 guide for the principal's conduct; and
   (b)  that  the possible consequences for violation of such a condition
 may include revocation of the securing order and the ordering of a  more
 restrictive securing order.]
   §  15.  Sections  510.43  and 510.45 of the criminal procedure law are
 REPEALED.
   § 16. 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, absent relevant, credible evidence demonstrating that a princi-
 pal's failure to appear for a scheduled court  appearance  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 counsel that the principal is
 required  to  appear,  in  order to give the principal an opportunity to
 appear voluntarily.]
   § 17. Paragraph (b) of subdivision 2 of section 520.10 of the criminal
 procedure law, as amended by section 10 of part JJJ of chapter 59 of the
 laws of 2019, is amended to read as follows:
   (b) The court [shall] MAY direct that the bail be posted in any one of
 [three] TWO or more of the forms specified in subdivision  one  of  this
 section,  designated  in  the  alternative,  and may designate different
 amounts varying with the forms[, except that one of the forms  shall  be
 either an unsecured or partially secured surety bond, as selected by the
 court].
   §  18.  Section  530.10  of  the criminal procedure law, as amended by
 section 11 of part JJJ of chapter 59 of the laws of 2019, is amended  to
 read as follows:
 § 530.10 Order  of  recognizance [release under non-monetary conditions]
            or bail; 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
 [to issue a securing order] OR AUTHORIZED TO ORDER BAIL OR  RECOGNIZANCE
 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.
 A. 5427                            13
 
   §  19.  Subdivision 4 of section 530.11 of the criminal procedure law,
 as amended by section 12 of part JJJ of chapter 59 of the laws of  2019,
 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
 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 [de novo] the
 BAIL recommendation [and 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  returnable in the supreme or family court, as applicable, on the
 next day such court is in session.
   § 20. Subdivision 11 of section 530.12 of the criminal procedure  law,
 as  amended by section 15 of part JJJ of chapter 59 of the laws of 2019,
 is amended to read as follows:
   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  release  under  non-monetary
 conditions]  or revoke an order of bail or order forfeiture of such bail
 and commit the defendant to custody; or
   (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. The opening paragraph of subdivision 1 of section 530.13 of  the
 criminal  procedure law, as amended by section 14 of part JJJ of chapter
 59 of the laws of 2019, 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
 A. 5427                            14
 
 protection in conjunction with any securing order COMMITTING THE DEFEND-
 ANT 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:
   § 22. Paragraph (a) of subdivision 8 of section 530.13 of the criminal
 procedure law, as amended by section 13 of part JJJ of chapter 59 of the
 laws of 2019, is amended to read as follows:
   (a)  revoke  an  order  of  recognizance[,  release under non-monetary
 conditions] or bail and commit the defendant to custody; or
   § 23. Section 530.20 of the criminal procedure law is REPEALED  and  a
 new section 530.20 is added to read as follows:
 § 530.20 ORDER  OF  RECOGNIZANCE  OR  BAIL; BY LOCAL CRIMINAL 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 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.
   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)  NO  LOCAL  CRIMINAL  COURT  MAY  ORDER  RECOGNIZANCE OR BAIL 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
 HEARD,  HAS  FAILED  TO APPEAR AT THE PROCEEDING OR HAS OTHERWISE WAIVED
 HIS OR HER RIGHT TO DO SO; AND
   (II) THE COURT HAS 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 RECORD. 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 DEPART-
 MENT  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.
   §  24.  The section heading and subdivisions 1 and 2 of section 530.30
 of the criminal procedure law, as amended by section 17 of part  JJJ  of
 chapter 59 of the laws of 2019, are amended to read as follows:
 Order  of recognizance[, release under non-monetary conditions] or bail;
 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[, release under non-monetary
 conditions] or[, where authorized,] bail when such local criminal court:
 A. 5427                            15
 
   (a)  Lacks authority to issue such an order, pursuant to [the relevant
 provisions] PARAGRAPH (A) OF SUBDIVISION TWO of section 530.20  of  this
 article; or
   (b)  Has  denied  an application for recognizance[, release under non-
 monetary conditions] or bail; or
   (c) Has fixed bail[, where authorized,] which is excessive[; or
   (d) Has set a securing order of release under non-monetary  conditions
 which  are  more  restrictive  than  necessary  to reasonably assure the
 defendant's return to court].
   In such case, such superior court judge may vacate the order  of  such
 local  criminal court and release the defendant on HIS OR HER OWN recog-
 nizance [or under non-monetary conditions,] or [where  authorized,]  fix
 bail in a lesser amount or in a less burdensome form[, whichever are the
 least restrictive alternative and conditions that will reasonably assure
 the  defendant's  return to court. The court shall explain its choice of
 alternative and conditions on the record or in writing].
   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[, release under non-mon-
 etary  conditions]  or[,  where  authorized,]  bail unless and until the
 district attorney has had an opportunity to be heard in the  matter  and
 such  judge [and counsel for the defendant have] HAS been furnished with
 a report as described in subparagraph (ii) of paragraph (b) of  subdivi-
 sion two of section 530.20 of this article.
   §  25.  Section 530.40 of the criminal procedure law is REPEALED and a
 new section 530.40 is added to read as follows:
 § 530.40 ORDER OF RECOGNIZANCE OR BAIL; 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
 AS FOLLOWS:
   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.
   3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS  SECTION,
 A SUPERIOR COURT MAY NOT ORDER RECOGNIZANCE OR BAIL, OR PERMIT A DEFEND-
 ANT  TO  REMAIN  AT  LIBERTY  PURSUANT  TO  AN EXISTING ORDER, AFTER THE
 DEFENDANT HAS BEEN CONVICTED OF EITHER: (A) A CLASS A FELONY OR (B)  ANY
 CLASS  B  OR  CLASS C FELONY AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF
 THE PENAL LAW COMMITTED OR ATTEMPTED TO BE COMMITTED BY A  PERSON  EIGH-
 TEEN  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 OF THIS  SECTION,
 A  SUPERIOR  COURT MAY NOT ORDER RECOGNIZANCE OR BAIL 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 BEEN
 A. 5427                            16
 
 FURNISHED WITH A REPORT AS DESCRIBED IN SUBPARAGRAPH (II)  OF  PARAGRAPH
 (B) OF SUBDIVISION TWO OF SECTION 530.20 OF THIS ARTICLE.
   §  26.  Subdivision 1 of section 530.45 of the criminal procedure law,
 as amended by section 19 of part JJJ of chapter 59 of the laws of  2019,
 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[, release under non-mone-
 tary conditions] or bail and the court revokes  such  order  and  then[,
 where  authorized,]  EITHER  fixes  no  bail  or fixes bail in a greater
 amount or in a more  burdensome  form  than  was  previously  fixed  and
 remands or commits defendant to the custody of the sheriff, [or issues a
 more  restrictive securing order,] a judge designated in subdivision two
 of this section, 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  as  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 the defendant
 on the defendant's own recognizance, [release the defendant  under  non-
 monetary  conditions,] or[, where authorized,] fix bail or fix bail in a
 lesser amount or in a less burdensome form[, or issue a less restrictive
 securing order,] than fixed by the court in  which  the  conviction  was
 entered.
   §  27. Subdivision 2-a of section 530.45 of the criminal procedure law
 is REPEALED.
   § 28. Section 530.50 of the criminal  procedure  law,  as  amended  by
 chapter  264 of the laws of 2003, subdivision 1 as designated and subdi-
 vision 2 as added by section 10 of part UU of chapter 56 of the laws  of
 2020, and subdivision 3 as added by section 4 of subpart D of part UU of
 chapter 56 of the laws of 2022, is amended to read as follows:
 § 530.50 Order of recognizance or bail; during pendency of appeal.
   [1.] A judge who is otherwise authorized pursuant to section 460.50 or
 [section]  460.60  OF  THIS CHAPTER to issue an order of recognizance or
 bail pending the determination of  an  appeal,  may  do  so  unless  the
 defendant received a class A felony sentence or a sentence for any 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.
   [2. Notwithstanding the provisions  of  subdivision  four  of  section
 510.10,  paragraph (b) of subdivision one of section 530.20 and subdivi-
 sion four of section 530.40 of this title, when a defendant charged with
 an offense that is not such a qualifying offense applies, pending deter-
 mination of an appeal, for an order of recognizance or release  on  non-
 monetary  conditions,  where authorized, or fixing bail, a judge identi-
 fied  in  subdivision  two  of  section  460.50  or  paragraph  (a)   of
 subdivision  one  of  section  460.60 of this chapter may, in accordance
 with law, and except as otherwise provided  by  law,  issue  a  securing
 order:  releasing  the  defendant on the defendant's own recognizance or
 under non-monetary conditions where authorized, fixing bail, or  remand-
 ing the defendant to the custody of the sheriff where authorized.
   3. Where an appeal by the people has been taken from an order dismiss-
 ing one or more counts of an accusatory instrument for failure to comply
 with  a discovery order pursuant to subdivision twelve of section 450.20
 of this chapter and the defendant is charged with a  qualifying  offense
 in  the  remaining counts in the accusatory instrument, pending determi-
 nation of an appeal, the defendant may apply for an  order  of  recogni-
 A. 5427                            17

 zance or release on non-monetary conditions, where authorized, or fixing
 bail.  A  judge  identified in subdivision two of section 460.50 of this
 chapter or paragraph (a) of subdivision one of section  460.60  of  this
 chapter may, in accordance with law, and except as otherwise provided by
 law,  issue  a securing order releasing the defendant on the defendant's
 own recognizance or  under  non-monetary  conditions  where  authorized,
 fixing  bail,  or  remanding the defendant to the custody of the sheriff
 where authorized.]
   § 29. Section 530.60 of the criminal  procedure  law,  as  amended  by
 section  20 of part JJJ of chapter 59 of the laws of 2019, is amended to
 read as follows:
 § 530.60 [Certain modifications of a securing order] ORDER  OF  RECOGNI-
            ZANCE OR BAIL; REVOCATION THEREOF.
   1. Whenever in the course of a criminal action or proceeding a defend-
 ant  is  at  liberty  as  a result of an order of recognizance[, release
 under non-monetary conditions] or bail issued pursuant to this  chapter,
 and  the court considers it necessary to review such order, [whether due
 to a motion by the people or otherwise, the court] IT may,  and  [except
 as  provided in subdivision two of section 510.50 of this title concern-
 ing a failure to appear in court,] by  a  bench  warrant  if  necessary,
 require  the defendant to appear before the court. Upon such appearance,
 the court, for good cause shown, may revoke the order of  recognizance[,
 release  under  non-monetary  conditions,]  or bail. If the defendant is
 entitled to recognizance[, release under  non-monetary  conditions,]  or
 bail  as  a matter of right, the court must issue another such order. If
 the defendant is not, the court may either issue such an order or commit
 the defendant to the custody of the sheriff  [in  accordance  with  this
 section].
   Where  the defendant is committed to the custody of the sheriff and is
 held on a felony complaint, a new period as provided in  section  180.80
 of  this  chapter shall commence to run from the time of the defendant's
 commitment under this subdivision.
   2. (a) Whenever in the course of a criminal  action  or  proceeding  a
 defendant  charged  with  the  commission of a felony is at liberty as a
 result of an order of recognizance, [release under  non-monetary  condi-
 tions]  or  bail issued pursuant to this article it shall be grounds for
 revoking such order that the court finds reasonable cause to believe the
 defendant committed one or more specified  class  A  or  violent  felony
 offenses  or  intimidated  a  victim  or witness in violation of section
 215.15, 215.16 or 215.17 of the penal law while at liberty.
   [(b) Except as provided in paragraph (a) of this  subdivision  or  any
 other  law,  whenever in the course of a criminal action or proceeding a
 defendant charged with the commission of an offense is at liberty  as  a
 result  of  an  order of recognizance, release under non-monetary condi-
 tions or bail issued pursuant to this article it shall  be  grounds  for
 revoking  such order and fixing bail in such criminal action or proceed-
 ing when the court has found, by clear and convincing evidence, that the
 defendant:
   (i) persistently and willfully failed to appear after notice of sched-
 uled appearances in the case before the court; or
   (ii) violated an order of  protection  in  the  manner  prohibited  by
 subdivision  (b), (c) or (d) of section 215.51 of the penal law while at
 liberty; or
   (iii) stands charged in such criminal  action  or  proceeding  with  a
 misdemeanor  or  violation  and,  after  being so charged, intimidated a
 victim or witness in violation of section 215.15, 215.16  or  215.17  of
 A. 5427                            18

 the penal law or tampered with a witness in violation of section 215.11,
 215.12 or 215.13 of the penal law, law while at liberty; or
   (iv)  stands  charged  in such action or proceeding with a felony and,
 after being so charged, committed a felony while at liberty.
   (c)] Before revoking an order of recognizance[, release under non-mon-
 etary conditions,] or bail pursuant to this subdivision, the court  must
 hold  a  hearing and shall receive any relevant, admissible evidence not
 legally privileged. The defendant may cross-examine  witnesses  and  may
 present  relevant,  admissible  evidence on his own behalf. Such hearing
 may be consolidated with, and conducted at the same time  as,  a  felony
 hearing  conducted  pursuant to article one hundred eighty of this chap-
 ter. A transcript of testimony taken before the grand jury upon  presen-
 tation  of the subsequent offense shall be admissible as evidence during
 the hearing. The district attorney may  move  to  introduce  grand  jury
 testimony  of a witness in lieu of that witness' appearance at the hear-
 ing.
   [(d)] (B) Revocation of an order of recognizance[, release under  non-
 monetary  conditions]  or bail and [a new securing order fixing bail or]
 commitment[, as specified in this paragraph and] pursuant to this subdi-
 vision shall be for the following periods, EITHER:
   [(i) Under paragraph (a) of this subdivision, revocation of the  order
 of  recognizance,  release under non-monetary conditions or, as the case
 may be, bail, and a new securing order fixing  bail  or  committing  the
 defendant to the custody of the sheriff shall be as follows:
   (A)] (I) For a period not to exceed ninety days exclusive of any peri-
 ods of adjournment requested by the defendant; or
   [(B)]  (II)  Until the charges contained within the accusatory instru-
 ment have been reduced or dismissed such that  no  count  remains  which
 charges the defendant with commission of a felony; or
   [(C)]  (III)  Until  reduction  or  dismissal of the charges contained
 within the accusatory instrument charging the  subsequent  offense  such
 that  no  count remains which charges the defendant with commission of a
 class A or violent felony offense.
   Upon expiration of any of the  three  periods  specified  within  this
 [subparagraph]  PARAGRAPH, whichever is shortest, the court may grant or
 deny release upon an order of bail or recognizance  in  accordance  with
 the  provisions  of  this  article.  Upon  conviction  to an offense the
 provisions of THIS article [five hundred thirty of this  chapter]  shall
 apply[; and].
   [(ii) Under paragraph (b) of this subdivision, revocation of the order
 of  recognizance,  release under non-monetary conditions or, as the case
 may be, bail shall result in the issuance of a new securing order  which
 may,  if  otherwise authorized by law, permit the principal's release on
 recognizance or release under non-monetary conditions,  but  shall  also
 render  the defendant eligible for an order fixing bail provided, howev-
 er, that in accordance with the principles in this title the court  must
 select  the  least  restrictive  alternative and condition or conditions
 that will reasonably assure the principal's return to court.  Nothing in
 this subparagraph shall be  interpreted  as  shortening  the  period  of
 detention,  or  requiring  or authorizing any less restrictive form of a
 securing order, which may be imposed pursuant to any other law.
   (e)] (C) Notwithstanding the provisions of paragraph (a) [or  (b)]  of
 this  subdivision  a defendant, against whom a felony complaint has been
 filed which charges the defendant  with  commission  of  a  class  A  or
 violent felony offense [or violation of section 215.15, 215.16 or 215.17
 of  the penal law] committed while he OR SHE was at liberty as specified
 A. 5427                            19
 
 therein, may be committed to the custody of the sheriff pending a  revo-
 cation  hearing  for  a period not to exceed seventy-two hours. An addi-
 tional period not to exceed seventy-two hours  may  be  granted  by  the
 court  upon  application of the district attorney upon a showing of good
 cause or where the failure to  commence  the  hearing  was  due  to  the
 defendant's request or occurred with his OR HER consent. Such good cause
 must  consist  of  some  compelling fact or circumstance which precluded
 conducting the hearing within the initial prescribed period.
   § 30. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
 procedure law, as amended by chapter 435 of the laws of 2021, 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 [in an important respect]
 or  has  [willfully] failed to appear before the court as requested, the
 court [except as provided in subdivision two of section 510.50  of  this
 chapter  regarding  a  failure to appear,] 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 use 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 [relevant] provisions of
 SUBDIVISION ONE OF section 530.60 of this chapter relating to  [issuance
 of  securing  orders]  REVOCATION OF RECOGNIZANCE OR BAIL shall apply to
 such proceedings under this subdivision.
   § 31. Section 410.60 of the criminal  procedure  law,  as  amended  by
 section  23 of part JJJ of chapter 59 of the laws of 2019, is amended to
 read as follows:
 § 410.60 Appearance before court.
   A person who has been taken into custody pursuant to section 410.40 or
 [section] 410.50 of this article for  violation  of  a  condition  of  a
 sentence of probation or a sentence of conditional discharge must forth-
 with  be  brought  before  the  court that imposed the sentence. Where a
 violation of probation petition and report has been filed and the person
 has not been taken into custody  nor  has  a  warrant  been  issued,  an
 initial  court  appearance  shall  occur within ten business days of the
 court's issuance of a notice to appear.  If  the  court  has  reasonable
 cause  to  believe  that  such  person  has  violated a condition of the
 sentence, it may commit such person to the custody of the sheriff[,]  OR
 fix bail[, release such person under non-monetary conditions] or release
 such person on such person's own recognizance for future appearance at a
 hearing to be held in accordance with section 410.70 of this article. If
 the court does not have reasonable cause to believe that such person has
 violated a condition of the sentence, it must direct that such person be
 released.
   §  32.  Subdivision 3 of section 620.50 of the criminal procedure law,
 as amended by section 24 of part JJJ of chapter 59 of the laws of  2019,
 is amended to read as follows:
   3. A material witness order must be executed as follows:
   (a) If the bail is posted and approved by the court, the witness must,
 as  provided  in subdivision [two] THREE of section 510.40 of this part,
 be released and be permitted to remain at liberty; provided that,  where
 A. 5427                            20
 
 the  bail  is  posted  by  a  person  other  than the witness himself OR
 HERSELF, he OR SHE may not be so released except upon his OR HER  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  [two]  THREE
 of section 510.40 of this part, be committed to the custody of the sher-
 iff.
   § 33. Subdivision 1-a of section 70.15 of the penal law is REPEALED.
   §  34.  Subdivisions  1  and  3  of section 70.15 of the penal law, as
 amended by section 1 of part OO of chapter 55 of the laws of  2019,  are
 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
 [three hundred sixty-four days] ONE  YEAR;  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 OF THIS CHAPTER MUST BE FOR A PERIOD OF NO LESS
 THAN ONE YEAR 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 C FELONY OFFENSE OF CRIMINAL POSSESSION  OF
 A WEAPON IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION
 265.03  OF  THIS  CHAPTER,  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.
   3. Unclassified misdemeanor. A sentence of imprisonment for an unclas-
 sified misdemeanor shall be a definite sentence. When such a sentence is
 imposed the term shall be fixed by the court, and shall be in accordance
 with  the  sentence  specified  in the law or ordinance that defines the
 crime [but, in any event, it shall not exceed three  hundred  sixty-four
 days].
   § 35. Subdivision 5 of section 216 of the judiciary law is REPEALED.
   § 36. Sections 837-t and 837-u of the executive law are REPEALED.
   §  37.  Paragraph (d) of subdivision 4 of section 840 of the executive
 law is REPEALED.
   § 38. This act shall take effect immediately.