S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8163
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 18, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to  enhancing  sentences  for
   certain offenses involving weapons on or near school grounds; to amend
   the  family  court  act and the criminal procedure law, in relation to
   the availability of certain  records;  to  amend  the  retirement  and
   social  security  law,  in relation to annual earnings limitations for
   certain retired police officers; to amend the criminal procedure  law,
   in  relation to adding a defendant's identifiable ties to the communi-
   ty, state and/or county to consider whether to fix a  securing  order;
   to  amend  the civil practice law and rules and the criminal procedure
   law, in relation to allowing courts  to  hold  a  pre-trial  community
   safety and well-being hearing; to amend the criminal procedure law, in
   relation  to  the  court's  consideration of the existence of extraor-
   dinary circumstances and significant physical  injury  in  determining
   whether  to  remove adolescent offenders to family court; to amend the
   criminal procedure law, in relation to adolescent offenders authorized
   to be removed to family court; and to amend the penal law, in relation
   to modifying the crime of criminal solicitation in the third degree
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The penal law is amended by adding a new section 70.11 to
 read as follows:
 § 70.11 SENTENCES OF IMPRISONMENT FOR WEAPONS OFFENSES ON OR NEAR SCHOOL
           GROUNDS; AGGRAVATING FACTORS.
   MATTERS OCCURRING WHILE ON OR WITHIN  FIVE  THOUSAND  FEET  OF  SCHOOL
 GROUNDS,  AS  DEFINED  IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THIS
 CHAPTER, SHALL RESULT IN THE FOLLOWING ENHANCEMENT OF SUCH SENTENCE:
   (A) FOR OFFENSES COMMITTED UNDER SECTION 265.01 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS E FELONY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13281-03-3
 A. 8163                             2
              

 
   (B) FOR OFFENSES COMMITTED UNDER SECTION 265.01-A OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS D FELONY;
   (C) FOR OFFENSES COMMITTED UNDER SECTION 265.01-B OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS D FELONY;
   (D) FOR OFFENSES COMMITTED UNDER SECTION 265.01-C OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS E FELONY;
   (E) FOR OFFENSES COMMITTED UNDER SECTION 265.01-D OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS D FELONY;
   (F) FOR OFFENSES COMMITTED UNDER SECTION 265.01-E OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS D FELONY;
   (G)  FOR  OFFENSES COMMITTED UNDER SECTION 265.02 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS C FELONY;
   (H) FOR OFFENSES COMMITTED UNDER SECTION 265.03 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS B FELONY;
   (I)  FOR  OFFENSES COMMITTED UNDER SECTION 265.04 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS A FELONY;
   (J) FOR OFFENSES COMMITTED UNDER SECTION 265.06 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A MISDEMEANOR;
   (K)  FOR  OFFENSES COMMITTED UNDER SECTION 265.07 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS D FELONY;
   (L) FOR OFFENSES COMMITTED UNDER SECTION 265.08 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS B FELONY;
   (M)  FOR  OFFENSES COMMITTED UNDER SECTION 265.09 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS A FELONY;
   (N) (1) FOR OFFENSES COMMITTED UNDER SUBDIVISION ONE, TWO, OR THREE OF
 SECTION 265.10 OF THIS CHAPTER RELATING TO THE  MANUFACTURE,  TRANSPORT,
 SHIPPING,  OR DISPOSING OF A MACHINE-GUN, ASSAULT WEAPON, LARGE CAPACITY
 AMMUNITION FEEDING DEVICE OR DISGUISED GUN, OR THE  TRANSPORTING,  SHIP-
 PING  OR  DISPOSING  OF A FIREARM SILENCER, THE SENTENCE SHALL REFLECT A
 CLASS C FELONY;
   (2) FOR OFFENSES COMMITTED UNDER SUBDIVISION ONE,  TWO,  OR  THREE  OF
 SECTION  265.10  OF  THIS  CHAPTER RELATING TO A RAPID-FIRE MODIFICATION
 DEVICE, THE SENTENCE SHALL REFLECT A CLASS D FELONY;
   (3) FOR OFFENSES COMMITTED UNDER SUBDIVISION THREE OF  SECTION  265.10
 OF THIS CHAPTER RELATING TO KNOWINGLY BUYING, RECEIVING, DISPOSING OF OR
 CONCEALING  A MACHINE-GUN, FIREARM, LARGE CAPACITY FEEDING DEVICE, RIFLE
 OR SHOTGUN WHICH HAS BEEN DEFACED FOR  THE  PURPOSE  OF  CONCEALMENT  OR
 PREVENTION  OF THE DETECTION OF A CRIME OR MISREPRESENTING SUCH MACHINE-
 GUN, FIREARM, LARGE CAPACITY AMMUNITION FEEDING DEVICE, RIFLE  OR  SHOT-
 GUN, THE SENTENCE SHALL REFLECT A CLASS C FELONY;
   (4) FOR OFFENSES COMMITTED UNDER SUBDIVISION FOUR OF SECTION 265.10 OF
 THIS  CHAPTER, THE SENTENCE SHALL REFLECT A CLASS E FELONY AND A CLASS C
 FELONY IF THEY HAVE PREVIOUSLY BEEN CONVICTED OF ANY CRIME;
   (5) FOR OFFENSES COMMITTED UNDER SUBDIVISION FIVE OR SEVEN OF  SECTION
 265.10 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS E FELONY;
   (6)  FOR OFFENSES COMMITTED UNDER SUBDIVISION SIX OF SECTION 265.10 OF
 THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS C FELONY;
   (7) FOR OFFENSES COMMITTED UNDER SUBDIVISION EIGHT OF  SECTION  265.10
 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS C FELONY;
   (O)  FOR  OFFENSES COMMITTED UNDER SECTION 265.11 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS C FELONY;
   (P) FOR OFFENSES COMMITTED UNDER SECTION 265.12 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS B FELONY;
   (Q)  FOR  OFFENSES COMMITTED UNDER SECTION 265.13 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS B FELONY;
 A. 8163                             3
 
   (R) FOR OFFENSES COMMITTED UNDER SECTION 265.14 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS A FELONY;
   (S)  FOR  OFFENSES COMMITTED UNDER SECTION 265.16 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS B FELONY;
   (T) FOR OFFENSES COMMITTED UNDER SECTION 265.17 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS C FELONY;
   (U)  FOR  OFFENSES COMMITTED UNDER SECTION 265.19 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS B FELONY;
   (V) FOR OFFENSES COMMITTED UNDER SECTION 265.25 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS E FELONY;
   (W)  FOR  OFFENSES COMMITTED UNDER SECTION 265.26 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS E FELONY;
   (X) (1) FOR OFFENSES COMMITTED  UNDER  SUBDIVISION  ONE  OR  THREE  OF
 SECTION  265.35  OF  THIS  CHAPTER, THE SENTENCE SHALL REFLECT A CLASS E
 FELONY;
   (2) FOR OFFENSES COMMITTED UNDER SUBDIVISION TWO OF SECTION 265.35  OF
 THIS  CHAPTER  WHERE  THE SAFETY OF A PERSON IS ENDANGERED, THE SENTENCE
 SHALL REFLECT A CLASS C FELONY AND FOR EVERY  OTHER  CASE  THE  SENTENCE
 SHALL REFLECT A CLASS D FELONY;
   (Y)  FOR  OFFENSES COMMITTED UNDER SECTION 265.37 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR FOR A FIRST OFFENSE  AND  A
 CLASS E FELONY FOR A SECOND OR SUBSEQUENT OFFENSE;
   (Z)  FOR  OFFENSES COMMITTED UNDER SECTION 265.38 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS E FELONY;
   (AA) FOR OFFENSES COMMITTED UNDER SECTION 265.45 OF THIS CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS E FELONY;
   (BB)  FOR  OFFENSES  COMMITTED  UNDER  SECTION  265.50 OF THIS CHAPTER
 RELATING TO THE CRIMINAL MANUFACTURE, SALE, OR TRANSPORT OF AN UNDETECT-
 ABLE FIREARM, RIFLE OR SHOTGUN, THE SENTENCE SHALL  REFLECT  A  CLASS  C
 FELONY;
   (CC)  FOR  OFFENSES  COMMITTED  UNDER  SECTION  265.50 OF THIS CHAPTER
 RELATING TO FAILURE TO SAFELY STORE RIFLES, SHOTGUNS AND FIREARMS IN THE
 SECOND DEGREE, THE SENTENCE SHALL REFLECT A MISDEMEANOR;
   (DD) FOR OFFENSES COMMITTED UNDER SECTION 265.55 OF THIS CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS D FELONY;
   (EE)  FOR OFFENSES COMMITTED UNDER SECTION 265.60 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS D FELONY;
   (FF) FOR OFFENSES COMMITTED UNDER SECTION 265.61 OF THIS CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS C FELONY;
   (GG)  FOR OFFENSES COMMITTED UNDER SECTION 265.63 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS D FELONY;
   (HH) FOR OFFENSES COMMITTED UNDER SECTION 265.64 OF THIS CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS C FELONY;
   (II)  FOR OFFENSES COMMITTED UNDER SECTION 265.65 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS D FELONY; AND
   (JJ) FOR OFFENSES COMMITTED UNDER SECTION 265.66 OF THIS CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS D FELONY.
   §  2.  Subdivision  3  of  section  380.1  of the family court act, as
 amended by chapter 181 of the laws  of  2000,  is  amended  to  read  as
 follows:
   3.  Except  where specifically required by statute, no person shall be
 required to divulge information pertaining to the arrest of the respond-
 ent or any subsequent proceeding under this article; provided,  however,
 whenever  a  person  adjudicated  a juvenile delinquent [has been placed
 with the office of children and  family  services  pursuant  to  section
 353.3  of  this article, and] is [thereafter] enrolled as a student in a
 A. 8163                             4
 
 public or private elementary or secondary school,  the  court  that  has
 adjudicated  such person shall provide notification of such adjudication
 AND PROVIDE RECORDS RELATED TO SUCH ADJUDICATION NECESSARY TO  ASCERTAIN
 THE  NATURE OF THE CONDUCT LEADING TO THE ADJUDICATION INCLUDING BUT NOT
 LIMITED TO DELINQUENCY PETITIONS, ORDERS OF THE FAMILY COURT PURSUANT TO
 SECTIONS 352.1 AND 352.2 OF THIS ARTICLE AND PROBATIONS REPORTS, to  the
 designated  educational  official  of the school in which such person is
 enrolled as a student. Such notification shall be used by the designated
 educational official only for purposes related to the execution  of  the
 student's  educational plan, where applicable, successful school adjust-
 ment, DEVELOPING A SAFETY PLAN TO ENSURE SUCH STUDENT DOES NOT CREATE  A
 RISK  FOR  THE COMMUNITY, and reentry into the community. Such notifica-
 tion shall be kept separate and apart from such student's school records
 and shall be accessible only by  the  designated  educational  official.
 Such  notification  shall not be part of such student's permanent school
 record and shall not be appended to or  included  in  any  documentation
 regarding  such  student  and  shall  be  destroyed at such time as such
 student is no longer enrolled in the school district. At no  time  shall
 such  notification be used for any purpose other than those specified in
 this subdivision.  AN ORDER BY THE FAMILY COURT TO SEAL RECORDS PURSUANT
 TO SECTION 375.2 OR EXPUNGE RECORDS PURSUANT TO SECTION  375.3  OF  THIS
 ARTICLE  SHALL  NOT IMPACT THE OBLIGATION OF THE FAMILY COURT TO PROVIDE
 SUCH NOTIFICATION AND RECORDS.
   § 3. Section 381.3 of the family court act is amended by adding a  new
 subdivision 4 to read as follows:
   4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, POLICE RECORDS RELATING
 TO  THE ARREST AND DISPOSITION OF ANY PERSON UNDER THIS ARTICLE SHALL BE
 ACCESSIBLE BY LAW ENFORCEMENT AND THE DESIGNATED EDUCATIONAL OFFICIAL OF
 ANY PUBLIC OR PRIVATE ELEMENTARY OR SECONDARY SCHOOL WHERE  SUCH  PERSON
 IS ENROLLED.
   §  4. Subdivisions 2 and 3 of section 720.35 of the criminal procedure
 law, subdivision 2 as amended by section 87 of subpart B of  part  C  of
 chapter 62 of the laws of 2011 and subdivision 3 as added by chapter 181
 of the laws of 2000, are amended to read as follows:
   2.  Except where specifically required or permitted by statute or upon
 specific authorization of the court, all official  records  and  papers,
 whether on file with the court, a police agency or the division of crim-
 inal justice services, relating to a case involving a youth who has been
 adjudicated  a  youthful  offender, are confidential and may not be made
 available to any person or public or  private  agency,  other  than  the
 designated  educational  official of the public or private elementary or
 secondary school in which the youth is enrolled as a  student  [provided
 that  such  local  educational official shall only have made available a
 notice of such adjudication and shall not have access to any other offi-
 cial records and papers], such youth or such  youth's  designated  agent
 (but  only where the official records and papers sought are on file with
 a court and request therefor is made to that court or to a clerk  there-
 of),  LAW  ENFORCEMENT  FOR THE PURPOSE OF INVESTIGATING AND PROSECUTING
 CRIMES SUBSEQUENTLY COMMITTED BY THE YOUTHFUL OFFENDER,  an  institution
 to  which  such  youth has been committed, the department of corrections
 and community supervision and a probation department of this state  that
 requires  such  official  records and papers for the purpose of carrying
 out duties specifically  authorized  by  law;  provided,  however,  that
 information  regarding  an  order  of  protection  or temporary order of
 protection issued pursuant to section 530.12 of this [chapter] PART or a
 warrant issued in connection therewith may be maintained on  the  state-
 A. 8163                             5
 
 wide  automated  order  of  protection  and warrant registry established
 pursuant to section two hundred twenty-one-a of the executive law during
 the  period  that  such  order  of  protection  or  temporary  order  of
 protection  is in full force and effect or during which such warrant may
 be executed. Such confidential information may be made available  pursu-
 ant  to law only for purposes of adjudicating or enforcing such order of
 protection or temporary order of protection and,  where  provided  to  a
 designated  educational  official,  as defined in section 380.90 of this
 chapter, for purposes related to the execution of the  student's  educa-
 tional  plan, where applicable, successful school adjustment, DEVELOPING
 A SAFETY PLAN TO ENSURE SUCH STUDENT DOES NOT CREATE A SAFETY  RISK  FOR
 THE  COMMUNITY,  and reentry into the community. Such notification shall
 be kept separate and apart from such student's school records and  shall
 be  accessible only by the designated educational official. Such notifi-
 cation shall not be part of such student's permanent school  record  and
 shall not be appended to or included in any documentation regarding such
 student and shall be destroyed at such time as such student is no longer
 enrolled  in  the school district. At no time shall such notification be
 used for any purpose other than those specified in this subdivision.
   3. If a youth who has been adjudicated a youthful offender is enrolled
 as a student in a public or private elementary or secondary  school  the
 court  that  has  adjudicated  the  youth  as  a youthful offender shall
 provide notification of such adjudication AND PROVIDE RECORDS RELATED TO
 SUCH ADJUDICATION NECESSARY TO ASCERTAIN THE NATURE OF THE CONDUCT LEAD-
 ING TO THE CONVICTION AND ADJUDICATION OF THE YOUTH, INCLUDING  BUT  NOT
 LIMITED  TO  ACCUSATORY  INSTRUMENTS,  CERTIFICATES  OF DISPOSITION, AND
 PROBATION REPORTS, to the designated educational official of the  school
 in  which  such youth is enrolled as a student.  Such notification shall
 be used by the designated educational official only for purposes related
 to the execution of the student's educational  plan,  where  applicable,
 successful  school  adjustment,  DEVELOPING A SAFETY PLAN TO ENSURE SUCH
 STUDENT DOES NOT CREATE A RISK FOR THE COMMUNITY, and reentry  into  the
 community.  Such notification shall be kept separate and apart from such
 student's school records and shall be accessible only by the  designated
 educational  official.  Such  notification  shall  not  be  part of such
 student's permanent school record  and  shall  not  be  appended  to  or
 included  in  any  documentation  regarding  such  student  and shall be
 destroyed at such time as such student is  no  longer  enrolled  in  the
 school  district.  At  no  time  shall such notification be used for any
 purpose other than those specified in this subdivision.
   § 5. Section 720.15 of the criminal procedure law is amended by adding
 a new subdivision 5 to read as follows:
   5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE AN ELIGIBLE YOUTH
 IS CHARGED WITH AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED SIXTY-FIVE  OF
 THE PENAL LAW WHERE ALLEGATIONS INVOLVE THE USE, POSSESSION OR SALE OF A
 FIREARM,  THE  ARRESTING  AGENCY  IS AUTHORIZED TO RELEASE TO THE PUBLIC
 IDENTIFYING INFORMATION INCLUDING THE NAME AND BOOKING PHOTOGRAPH OF THE
 YOUTH.
   § 6. Section 212 of the retirement and social security law is  amended
 by adding a new subdivision 4 to read as follows:
   4.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
 SECTION, SUCH ANNUAL EARNINGS LIMITATIONS FOR A RETIRED  POLICE  OFFICER
 EMPLOYED  BY  A  SCHOOL  DISTRICT  OR A BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES, IN EITHER THE CLASSIFIED OR UNCLASSIFIED SERVICE AS  A  SCHOOL
 RESOURCE  OFFICER, SCHOOL SAFETY OFFICER, SCHOOL SECURITY OFFICER OR ANY
 OTHER SUBSTANTIALLY SIMILAR POSITION  OR  OFFICE  THAT  IS  DESIGNED  TO
 A. 8163                             6

 PROVIDE  SAFETY  AND/OR  SECURITY  ON SCHOOL GROUNDS, PROVIDED THAT SUCH
 RETIRED POLICE OFFICER IS DULY QUALIFIED, COMPETENT AND  PHYSICALLY  FIT
 FOR  PERFORMANCE  OF THE DUTIES OF THE POSITION IN WHICH HE OR SHE IS TO
 BE EMPLOYED AS DETERMINED BY THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE
 EDUCATIONAL  SERVICES AND IS PROPERLY CERTIFIED WHERE SUCH CERTIFICATION
 IS REQUIRED, SHALL BE FIFTY THOUSAND DOLLARS FOR THE YEAR  TWO  THOUSAND
 TWENTY-FOUR AND THEREAFTER.
   §  7. Paragraphs (i) and (j) of subdivision 1 of section 510.10 of the
 criminal procedure law, as added by section 1 of subpart C of part UU of
 chapter 56 of the laws of 2022, are amended and a new paragraph  (k)  is
 added to read as follows:
   (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[.]; AND
   (K)  IF THE PRINCIPAL IS A DEFENDANT, WHETHER THE PRINCIPAL HAS TWO OR
 MORE IDENTIFIABLE TIES TO THE COMMUNITY, STATE, AND/OR  COUNTY,  INCLUD-
 ING, BUT NOT LIMITED TO:
   (I) RESIDENCE;
   (II) EMPLOYMENT;
   (III) ENROLLMENT WITH AN EDUCATIONAL INSTITUTION;
   (IV) IMMEDIATE FAMILY.
   §  8.  Subdivision  2  of  section  6342 of the civil practice law and
 rules, as added by chapter 19 of the laws of 2019, is amended to read as
 follows:
   2. (A) In determining whether grounds for  a  temporary  extreme  risk
 protection  order  exist,  the court shall consider any relevant factors
 including, but not limited to, the following acts of the respondent:
   [(a)] (I) a threat or  act  of  violence  or  use  of  physical  force
 directed toward self, the petitioner, or another person;
   [(b)] (II) a violation or alleged violation of an order of protection;
   [(c)]  (III) any pending charge or conviction for an offense involving
 the use of a weapon;
   [(d)] (IV) the reckless use, display  or  brandishing  of  a  firearm,
 rifle or shotgun;
   [(e)]  (V)  any  history  of a violation of an extreme risk protection
 order;
   [(f)]  (VI)  evidence  of  recent  or  ongoing  abuse  of   controlled
 substances or alcohol; or
   [(g)]  (VII) evidence of recent acquisition of a firearm, rifle, shot-
 gun or other deadly weapon or dangerous instrument,  or  any  ammunition
 therefor.
   (B) In considering the factors under this subdivision, the court shall
 consider:
   (I) the time that has elapsed since the occurrence of such act or acts
 [and];
   (II)  the  age of the person at the time of the occurrence of such act
 or acts; AND
   (III) THE COMMUNITY SAFETY AND WELL-BEING  OF  ALL  RESIDENTS  OF  THE
 STATE.
   (C)  THE  COURT SHALL USE ANY MENTAL HEALTH EVALUATIONS THE RESPONDENT
 HAS UNDERGONE WHEN MAKING A CONSIDERATION REGARDING THE COMMUNITY SAFETY
 AND WELL-BEING OF ALL RESIDENTS OF THE STATE.
   (D) For the purposes of this subdivision, "recent"  means  within  the
 six months prior to the date the petition was filed.
 A. 8163                             7
 
   §  9.  The  criminal  procedure law is amended by adding a new section
 510.55 to read as follows:
 § 510.55 PRETRIAL DETENTION; COMMUNITY SAFETY AND WELL-BEING HEARING.
   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, THE PEOPLE MAY MAKE A MOTION SEEKING PRETRIAL  DETENTION  DUE  TO
 THE  MENTAL  HEALTH  OF  THE PRINCIPAL. THE PEOPLE MAY SEEK THE PRETRIAL
 DETENTION OF A PRINCIPAL:
   (A) CHARGED WITH A FELONY THAT INVOLVES  THE  USE,  ATTEMPTED  USE  OR
 THREATENED  USE  OF  PHYSICAL FORCE AGAINST THE PERSON OF ANOTHER OR ANY
 OTHER FELONY THAT, BY ITS NATURE, INVOLVES A SUBSTANTIAL RISK THAT PHYS-
 ICAL FORCE AGAINST THE PERSON OF ANOTHER MAY RESULT;
   (B) CHARGED WITH A MISDEMEANOR OR FELONY WHICH HAS AS AN  ELEMENT  THE
 VIOLATION OF A COURT ORDER;
   (C)  CHARGED  WITH  A  MISDEMEANOR  OR  FELONY  WHERE  THE  VICTIM WAS
 SUBJECTED TO PHYSICAL, SEXUAL OR  PSYCHOLOGICAL  ABUSE  INFLICTED  BY  A
 MEMBER  OF  THE  SAME  FAMILY  OR  HOUSEHOLD, AS SUCH TERM IS DEFINED IN
 SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE, AS THE APPLICANT;
   (D) CHARGED WITH AN OFFENSE FOR WHICH A MINIMUM TERM OF THREE YEARS OR
 MORE IS PRESCRIBED;
   (E) CHARGED WITH INTIMIDATING A VICTIM OR WITNESS IN THE FIRST  DEGREE
 AS  DEFINED IN SECTION 215.17 OF THE PENAL LAW, INTIMIDATING A VICTIM OR
 WITNESS IN THE SECOND DEGREE AS DEFINED IN SECTION 215.16 OF  THE  PENAL
 LAW,  OR INTIMIDATING A VICTIM OR WITNESS IN THE THIRD DEGREE AS DEFINED
 IN SECTION 215.15 OF THE PENAL LAW;
   (F) CHARGED WITH A THIRD OR SUBSEQUENT  VIOLATION  OF  SECTION  ELEVEN
 HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW WITHIN TEN YEARS;
   (G)  CHARGED  WITH A FELONY WHICH HAS AS AN ELEMENT THE USE, ATTEMPTED
 USE OR THREATENED USE OF PHYSICAL FORCE OR A DEADLY WEAPON  AGAINST  THE
 PERSON OF ANOTHER;
   (H)  CHARGED  WITH  BURGLARY IN THE FIRST DEGREE AS DEFINED IN SECTION
 140.30 OF THE PENAL LAW, BURGLARY IN THE SECOND  DEGREE  AS  DEFINED  IN
 SECTION  140.25  OF  THE  PENAL  LAW, OR BURGLARY IN THE THIRD DEGREE AS
 DEFINED IN SECTION 140.20 OF THE PENAL LAW, GRAND LARCENY IN THE  SECOND
 DEGREE  AS  DEFINED IN SECTION 155.40 OF THE PENAL LAW, OR GRAND LARCENY
 IN THE FOURTH DEGREE AS DEFINED IN SECTION 155.30 OF THE PENAL LAW;
   (I) CHARGED UNDER ARTICLE ONE HUNDRED FIFTY OF THE PENAL LAW;
   (J) CHARGED WITH KIDNAPPING IN THE FIRST DEGREE AS DEFINED IN  SECTION
 135.25 OF THE PENAL LAW OR KIDNAPPING IN THE SECOND DEGREE AS DEFINED IN
 SECTION 135.20 OF THE PENAL LAW;
   (K) CHARGED WITH A CRIME WHICH INVOLVED THE USE OF EXPLOSIVES;
   (L)  OTHERWISE  INVOLVES CONDUCT THAT PRESENTS A SERIOUS RISK OF PHYS-
 ICAL INJURY TO ANOTHER FOR WHICH A TERM OF IMPRISONMENT WAS  SERVED  AND
 ARRESTED  AND  CHARGED WITH A SECOND OR SUBSEQUENT OFFENSE UNDER ARTICLE
 TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW; OR
   (M) CHARGED WITH A FELONY UNDER ARTICLE TWENTY-SIX OF THE  AGRICULTURE
 AND MARKETS LAW.
   2.  (A)  UPON  THE APPEARANCE OF THE PRINCIPAL CHARGED WITH AN OFFENSE
 LISTED IN SUBDIVISION ONE OF THIS SECTION  BEFORE  A  SUPREME  COURT  OR
 DISTRICT  COURT JUDGE AND UPON THE MOTION OF THE PEOPLE, THE JUDGE SHALL
 HOLD A HEARING PURSUANT TO SUBDIVISION FOUR OF THIS  SECTION  AND  SHALL
 ISSUE  AN  ORDER  THAT,  PENDING  TRIAL,  THE INDIVIDUAL SHALL EITHER BE
 RELEASED ON HIS OR HER  OWN  RECOGNIZANCE,  RELEASED  ON  CONDITIONS  OF
 RELEASE  AS  SET FORTH BY THE JUDGE, OR DETAINED UNDER SUBDIVISION THREE
 OF THIS SECTION. THE INDIVIDUAL  SHALL  BE  RELEASED  UNLESS  THE  JUDGE
 DETERMINES  THAT  RELEASING THE PRINCIPAL ON HIS OR HER OWN RECOGNIZANCE
 A. 8163                             8
 
 WILL ENDANGER THE COMMUNITY SAFETY AND WELL-BEING OF ANY OTHER PERSON IN
 THE STATE BUT DOES NOT FIND BY CLEAR AND  CONVINCING  EVIDENCE  THAT  NO
 CONDITIONS  OF  RELEASE  WILL REASONABLY ENSURE THE COMMUNITY SAFETY AND
 WELL-BEING  OF  ANY OTHER PERSON IN THE STATE, THE JUDGE SHALL ORDER THE
 PRETRIAL RELEASE OF THE PRINCIPAL:
   (I) SUBJECT TO THE CONDITION THAT THE PERSON  NOT  COMMIT  A  FEDERAL,
 STATE OR LOCAL CRIME DURING THE PERIOD OF RELEASE; AND
   (II)  SUBJECT  TO THE LEAST RESTRICTIVE FURTHER CONDITION, OR COMBINA-
 TION OF CONDITIONS, THAT SUCH JUDGE DETERMINES  WILL  REASONABLY  ENSURE
 THE  COMMUNITY  SAFETY  AND  WELL-BEING OF ANY OTHER PERSON IN THE STATE
 THAT THE PRINCIPAL:
   (A) REMAIN IN THE CUSTODY OF A DESIGNATED PERSON, WHO AGREES TO ASSUME
 SUPERVISION AND TO REPORT ANY VIOLATION OF A RELEASE  CONDITION  TO  THE
 COURT,  IF  THE DESIGNATED PERSON IS REASONABLY ABLE TO ENSURE THE JUDI-
 CIAL OFFICER THAT THE PERSON WILL APPEAR AS REQUIRED AND WILL NOT POSE A
 DANGER TO THE SAFETY OF ANY OTHER PERSON OR THE COMMUNITY;
   (B) MAINTAIN EMPLOYMENT, OR, IF UNEMPLOYED, ACTIVELY SEEK EMPLOYMENT;
   (C) MAINTAIN OR COMMENCE AN EDUCATIONAL PROGRAM;
   (D) ABIDE BY SPECIFIED RESTRICTIONS ON PERSONAL  ASSOCIATIONS,  LIVING
 ACCOMMODATIONS OR TRAVEL;
   (E) AVOID ALL CONTACT WITH AN ALLEGED VICTIM OF THE CRIME AND WITH ANY
 POTENTIAL WITNESS OR WITNESSES WHO MAY TESTIFY CONCERNING THE OFFENSE;
   (F)  REPORT ON A REGULAR BASIS TO A DESIGNATED LAW ENFORCEMENT AGENCY,
 PRETRIAL SERVICE AGENCY, OR OTHER AGENCY;
   (G) COMPLY WITH A SPECIFIED CURFEW;
   (H) REFRAIN FROM POSSESSING A FIREARM, DESTRUCTIVE  DEVICE,  OR  OTHER
 DANGEROUS WEAPON;
   (I)  REFRAIN  FROM  EXCESSIVE USE OF ALCOHOL, OR ANY USE OF A NARCOTIC
 DRUG OR OTHER CONTROLLED SUBSTANCE, WITHOUT A PRESCRIPTION BY A LICENSED
 MEDICAL PRACTITIONER;
   (J) UNDERGO AVAILABLE MEDICAL, PSYCHOLOGICAL,  OR  PSYCHIATRIC  TREAT-
 MENT, INCLUDING TREATMENT FOR DRUG OR ALCOHOL DEPENDENCY AND REMAIN IN A
 SPECIFIED INSTITUTION IF REQUIRED FOR THAT PURPOSE;
   (K)  RETURN  TO  CUSTODY  FOR  SPECIFIED  HOURS  FOLLOWING RELEASE FOR
 EMPLOYMENT, SCHOOLING, OR OTHER LIMITED PURPOSES;
   (L) SATISFY ANY OTHER CONDITION THAT IS REASONABLY NECESSARY TO ENSURE
 THE APPEARANCE OF THE PERSON AS REQUIRED AND TO ENSURE  THE  SAFETY  AND
 WELL-BEING OF ANY OTHER PERSON AND THE COMMUNITY; AND
   (M)  PARTICIPATES IN A COMMUNITY CORRECTIONS PROGRAM UNDER THE DEPART-
 MENT OF CORRECTIONS AND COMMUNITY SUPERVISION, PROVIDED,  HOWEVER,  THAT
 THE  PRINCIPAL  SHALL NOT PARTICIPATE IN SUCH PROGRAM WITHOUT HIS OR HER
 CONSENT TO SUCH PARTICIPATION.
   (B) THE JUDGE SHALL NOT IMPOSE A FINANCIAL CONDITION THAT  RESULTS  IN
 THE PRETRIAL DETENTION OF THE PERSON UNDER THIS SECTION.
   (C)  THE JUDGE MAY AT ANY TIME AMEND THE ORDER TO IMPOSE ADDITIONAL OR
 DIFFERENT CONDITIONS OF RELEASE.
   3. THERE SHALL BE A REBUTTABLE PRESUMPTION OF RELEASE ON  RECOGNIZANCE
 FOR EVERY PRINCIPAL BROUGHT BEFORE THE COURT. IF, AFTER A HEARING PURSU-
 ANT  TO THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION, THE DISTRICT
 OR SUPREME COURT JUDGE FINDS BY CLEAR AND CONVINCING  EVIDENCE  THAT  NO
 CONDITIONS  OF  RELEASE  WILL REASONABLY ENSURE THE COMMUNITY SAFETY AND
 WELL-BEING OF ANY OTHER PERSON IN THE STATE, SAID JUDGE SHALL ORDER  THE
 DETENTION  OF  THE  PRINCIPAL PRIOR TO TRIAL. A PRINCIPAL DETAINED UNDER
 THIS SUBDIVISION SHALL BE BROUGHT TO  A  TRIAL  AS  SOON  AS  REASONABLY
 POSSIBLE,  BUT IN ABSENCE OF EXTRAORDINARY CIRCUMSTANCES, SUCH PRINCIPAL
 SHALL NOT BE DETAINED FOR A PERIOD EXCEEDING ONE HUNDRED TWENTY DAYS  BY
 A. 8163                             9
 
 THE  DISTRICT COURT OR FOR A PERIOD EXCEEDING ONE HUNDRED EIGHTY DAYS BY
 THE SUPREME COURT.
   4.  (A) WHEN A PRINCIPAL IS HELD UNDER ARREST FOR AN OFFENSE LISTED IN
 SUBDIVISION ONE OF THIS SECTION AND UPON A MOTION  BY  THE  PEOPLE,  THE
 JUDGE  SHALL  HOLD  A HEARING TO DETERMINE WHETHER CONDITIONS OF RELEASE
 WILL REASONABLY ENSURE THE COMMUNITY SAFETY AND WELL-BEING OF ANY  OTHER
 PERSON IN THE STATE. A PRINCIPAL SHALL BE OFFERED THE APPROPRIATE MENTAL
 HEALTH  SERVICES  WHILE BEING HELD UNDER ARREST FOR AN OFFENSE LISTED IN
 SUBDIVISION ONE OF THIS SECTION.
   (B) THE HEARING SHALL BE HELD IMMEDIATELY UPON THE  PRINCIPAL'S  FIRST
 APPEARANCE  BEFORE  THE COURT UNLESS SUCH PRINCIPAL OR THE PEOPLE SEEK A
 CONTINUANCE. EXCEPT FOR GOOD CAUSE, A CONTINUANCE ON MOTION OF THE PRIN-
 CIPAL SHALL NOT EXCEED SEVEN DAYS AND A CONTINUANCE  ON  MOTION  OF  THE
 PEOPLE  SHALL  NOT EXCEED THREE BUSINESS DAYS. DURING A CONTINUANCE, THE
 PRINCIPAL SHALL BE DETAINED UPON A SHOWING THAT THERE  EXISTED  PROBABLE
 CAUSE  TO  ARREST  THE PRINCIPAL OR THAT WITHOUT DETENTION THE PRINCIPAL
 WOULD RESULT IN SERIOUS HARM TO HIMSELF, HERSELF, OR OTHERS, AS  DEFINED
 IN PARAGRAPH ONE OR TWO OF SUBDIVISION (A) OF SECTION 9.39 OF THE MENTAL
 HYGIENE  LAW.  AT THE HEARING, SUCH PRINCIPAL SHALL HAVE THE RIGHT TO BE
 REPRESENTED BY COUNSEL, AND, IF FINANCIALLY UNABLE  TO  RETAIN  ADEQUATE
 REPRESENTATION,  TO  HAVE  COUNSEL  APPOINTED.  THE  PRINCIPAL  SHALL BE
 AFFORDED AN OPPORTUNITY TO TESTIFY, TO PRESENT WITNESSES, TO  CROSS-EXA-
 MINE  WITNESSES  WHO  APPEAR AT THE HEARING, AND TO PRESENT INFORMATION.
 PRIOR TO THE SUMMONS OF AN ALLEGED VICTIM, OR A MEMBER  OF  THE  ALLEGED
 VICTIM'S  FAMILY,  TO  APPEAR AS A WITNESS AT THE HEARING, THE PRINCIPAL
 SHALL DEMONSTRATE TO THE COURT A GOOD FAITH BASIS  FOR  THE  PRINCIPAL'S
 REASONABLE  BELIEF  THAT THE TESTIMONY FROM THE WITNESS WILL BE MATERIAL
 AND RELEVANT TO SUPPORT  A  CONCLUSION  THAT  THERE  ARE  CONDITIONS  OF
 RELEASE  THAT WILL REASONABLY ENSURE THE COMMUNITY SAFETY AND WELL-BEING
 OF ANY OTHER PERSON IN THE STATE. THE RULES CONCERNING ADMISSIBILITY  OF
 EVIDENCE  IN  CRIMINAL  TRIALS  SHALL  NOT APPLY TO THE PRESENTATION AND
 CONSIDERATION OF INFORMATION AT THE HEARING AND THE JUDGE SHALL CONSIDER
 HEARSAY CONTAINED IN A POLICE REPORT, THE STATEMENT OF AN ALLEGED VICTIM
 OR WITNESS, AND SHALL HAVE ACCESS TO ANY MENTAL  HEALTH  EVALUATION  THE
 PRINCIPAL  HAS  UNDERGONE  PRIOR TO HEARING. THE FACTS THE JUDGE USES TO
 SUPPORT FINDINGS PURSUANT TO SUBDIVISION THREE OF THIS SECTION, THAT  NO
 CONDITIONS WILL REASONABLY ENSURE THE COMMUNITY SAFETY AND WELL-BEING OF
 ANY  OTHER PERSON IN THE STATE, SHALL BE SUPPORTED BY CLEAR AND CONVINC-
 ING EVIDENCE. IN A DETENTION ORDER ISSUED PURSUANT TO THE PROVISIONS  OF
 SUBDIVISION  THREE  OF THIS SECTION THE JUDGE SHALL: (I) INCLUDE WRITTEN
 FINDINGS OF FACT  AND  A  WRITTEN  STATEMENT  OF  THE  REASONS  FOR  THE
 DETENTION;  (II)  DIRECT  THAT  THE PRINCIPAL BE COMMITTED TO CUSTODY OR
 CONFINEMENT IN A CORRECTIONS FACILITY SEPARATE, TO THE EXTENT  PRACTICA-
 BLE,  FROM  PRINCIPALS  AWAITING  OR  SERVING  SENTENCE OR BEING HELD IN
 CUSTODY PENDING APPEAL OR A COMMUNITY TREATMENT CENTER; AND (III) DIRECT
 THAT THE  PRINCIPAL  BE  AFFORDED  REASONABLE  OPPORTUNITY  FOR  PRIVATE
 CONSULTATION  WITH  HIS  OR  HER  COUNSEL. THE PRINCIPAL MAY BE DETAINED
 PENDING COMPLETION OF THE HEARING. THE HEARING MAY BE  REOPENED  BY  THE
 JUDGE,  AT  ANY TIME BEFORE TRIAL, OR UPON A MOTION OF THE PEOPLE OR THE
 PRINCIPAL DETAINED IF THE JUDGE FINDS THAT: (A) INFORMATION EXISTS  THAT
 WAS NOT KNOWN AT THE TIME OF THE HEARING OR THAT THERE HAS BEEN A CHANGE
 IN  CIRCUMSTANCES;  AND  (B)  THAT SUCH INFORMATION OR CHANGE IN CIRCUM-
 STANCES HAS A MATERIAL BEARING ON THE ISSUE OF WHETHER THERE ARE  CONDI-
 TIONS  OF  RELEASE  THAT WILL REASONABLY ENSURE THE COMMUNITY SAFETY AND
 WELL-BEING OF ANY OTHER PERSON IN THE STATE.
 A. 8163                            10

   5. IN HIS OR HER DETERMINATION AS TO WHETHER THERE ARE  CONDITIONS  OF
 RELEASE  THAT WILL REASONABLY ENSURE THE COMMUNITY SAFETY AND WELL-BEING
 OF ANY OTHER PERSON IN THE STATE, SAID JUDGE SHALL, ON THE BASIS OF  ANY
 INFORMATION WHICH HE OR SHE CAN REASONABLY OBTAIN, TAKE INTO ACCOUNT THE
 NATURE  AND  SERIOUSNESS  OF THE DANGER POSED TO ANY OTHER PERSON OR THE
 COMMUNITY THAT WOULD RESULT BY THE PRINCIPAL'S RELEASE, THE  NATURE  AND
 CIRCUMSTANCES  OF THE OFFENSE CHARGED, THE POTENTIAL PENALTY THE PRINCI-
 PAL FACES, THE PRINCIPAL'S FAMILY TIES, EMPLOYMENT  RECORD,  HISTORY  OF
 MENTAL  ILLNESS,  AND  REPUTATION,  THE  RISK  THAT  THE  PRINCIPAL WILL
 OBSTRUCT OR ATTEMPT TO OBSTRUCT THE JUDGE OR THREATEN, INJURE OR  INTIM-
 IDATE OR ATTEMPT TO THREATEN, INJURE OR INTIMIDATE A PROSPECTIVE WITNESS
 OR  JUROR,  HIS  OR  HER RECORD OF CONVICTIONS, IF ANY, ANY ILLEGAL DRUG
 DISTRIBUTION OR PRESENT DRUG DEPENDENCY, AND WHETHER  THE  PRINCIPAL  IS
 RELEASED PENDING ADJUDICATION OF A PRIOR CHARGE.
   6. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS MODIFYING OR LIMITING
 THE PRESUMPTION OF INNOCENCE.
   7.  (A)  A PRINCIPAL AGGRIEVED BY THE DENIAL OF A DISTRICT COURT JUDGE
 TO RELEASE HIM OR HER ON HIS OR HER OWN  RECOGNIZANCE  WITH  OR  WITHOUT
 SURETY  OR  CONDITION MAY PETITION THE SUPREME COURT FOR A REVIEW OF THE
 ORDER OF THE RECOGNIZANCE AND THE JUDGE  OF  THE  DISTRICT  COURT  SHALL
 THEREUPON  IMMEDIATELY NOTIFY SUCH PRINCIPAL OF HIS OR HER RIGHT TO FILE
 A PETITION FOR REVIEW IN THE SUPREME COURT. WHEN A PETITION  FOR  REVIEW
 IS  FILED  IN  THE DISTRICT COURT OR WITH THE DETAINING AUTHORITY SUBSE-
 QUENT TO THE PETITIONER'S DISTRICT COURT APPEARANCE, THE  CLERK  OF  THE
 DISTRICT  COURT  OR  THE  DETAINING AUTHORITY, AS THE CASE MAY BE, SHALL
 IMMEDIATELY NOTIFY BY TELEPHONE, THE CLERK AND PROBATION OFFICER OF  THE
 DISTRICT  COURT,  THE  DISTRICT  ATTORNEY  FOR THE DISTRICT IN WHICH THE
 DISTRICT COURT IS LOCATED, THE  PROSECUTING  OFFICER,  THE  PETITIONER'S
 COUNSEL,  IF  ANY,  AND  THE  CLERK OF COURTS OF THE COUNTY TO WHICH THE
 PETITION IS TO BE TRANSMITTED. THE CLERK OF THE DISTRICT COURT, UPON THE
 FILING OF A PETITION FOR REVIEW, EITHER IN THE DISTRICT  COURT  OR  WITH
 THE  DETAINING  AUTHORITY,  SHALL  FORTHWITH  TRANSMIT  THE PETITION FOR
 REVIEW, A COPY OF THE COMPLAINT AND THE RECORD OF THE  COURT,  INCLUDING
 THE  APPEARANCE OF THE ATTORNEY, IF ANY IS ENTERED, AND A SUMMARY OF THE
 COURT'S REASONS FOR DENYING THE RELEASE OF THE PRINCIPAL ON HIS  OR  HER
 OWN  RECOGNIZANCE  WITH  OR  WITHOUT  SURETY OR CONDITION TO THE SUPREME
 COURT FOR THE COUNTY IN WHICH THE DISTRICT COURT IS LOCATED, IF A  JUDGE
 THEREOF  IS  THEN SITTING, OR TO THE SUPREME COURT OF THE NEAREST COUNTY
 IN WHICH A JUDGE IS THEN SITTING. THE PROBATION OFFICER OF THE  DISTRICT
 COURT  SHALL  TRANSMIT FORTHWITH TO THE PROBATION OFFICER OF THE SUPREME
 COURT, COPIES OF ALL RECORDS OF THE PROBATION OFFICE  OF  SAID  DISTRICT
 COURT PERTAINING TO THE PETITIONER, INCLUDING THE PETITIONER'S RECORD OF
 PRIOR  CONVICTIONS,  IF  ANY,  AS  CURRENTLY  VERIFIED BY INQUIRY OF THE
 COMMISSIONER. THE DISTRICT COURT OR THE DETAINING AUTHORITY, AS THE CASE
 MAY BE, SHALL CAUSE ANY PETITIONER IN ITS CUSTODY TO BE  BROUGHT  BEFORE
 SAID  SUPREME COURT WITHIN TWO BUSINESS DAYS OF THE PETITION HAVING BEEN
 FILED. THE DISTRICT COURT IS AUTHORIZED TO ORDER ANY OFFICER  AUTHORIZED
 TO  EXECUTE  CRIMINAL  PROCESS TO TRANSFER THE PETITIONER AND ANY PAPERS
 HEREIN ABOVE DESCRIBED FROM THE DISTRICT COURT OR THE DETAINING AUTHORI-
 TY TO THE SUPREME COURT, AND TO COORDINATE THE TRANSFER OF THE PETITION-
 ER AND THE PAPERS BY SUCH  OFFICER.    THE  PETITION  FOR  REVIEW  SHALL
 CONSTITUTE  AUTHORITY  IN  THE  PERSON  OR OFFICER HAVING CUSTODY OF THE
 PETITIONER TO TRANSPORT THE PETITIONER TO SAID SUPREME COURT WITHOUT THE
 ISSUANCE OF ANY WRIT OR OTHER LEGAL PROCESS; PROVIDED, HOWEVER, THAT ANY
 DISTRICT OR SUPREME COURT IS AUTHORIZED TO ISSUE A WRIT OF HABEAS CORPUS
 FOR THE APPEARANCE FORTHWITH OF THE PETITIONER BEFORE THE SUPREME COURT.
 A. 8163                            11
 
   (B) THE SUPREME COURT SHALL HEAR THE PETITION FOR REVIEW  AS  SPEEDILY
 AS  PRACTICABLE AND IN ANY EVENT WITHIN FIVE BUSINESS DAYS OF THE FILING
 OF THE PETITION. THE SUPREME COURT JUDGE HEARING THE REVIEW MAY CONSIDER
 THE RECORD BELOW WHICH THE PEOPLE AND THE PRINCIPAL MAY SUPPLEMENT.  THE
 JUDGE  OF  THE  SUPREME  COURT  MAY, AFTER A HEARING ON THE PETITION FOR
 REVIEW, ORDER THAT THE PETITIONER BE RELEASED ON HIS OR HER OWN RECOGNI-
 ZANCE WITHOUT SURETY OR CONDITION, OR, IN  HIS  OR  HER  DISCRETION,  TO
 REASONABLY  ENSURE  THE  EFFECTIVE  ADMINISTRATION  OF JUSTICE, MAKE ANY
 OTHER ORDER OF BAIL OR RECOGNIZANCE OR REMAND THE PETITIONER IN  ACCORD-
 ANCE  WITH  THE  TERMS  OF  THE  PROCESS  BY WHICH HE OR SHE WAS ORDERED
 COMMITTED BY THE DISTRICT COURT.
   8. IF AFTER A HEARING UNDER SUBDIVISION FOUR OF THIS SECTION DETENTION
 UNDER SUBDIVISION THREE OF THIS SECTION IS ORDERED OR  PRETRIAL  RELEASE
 SUBJECT  TO CONDITIONS UNDER SUBDIVISION TWO OF THIS SECTION IS ORDERED,
 THEN: (A) THE CLERK SHALL IMMEDIATELY NOTIFY THE  PRINCIPAL'S  PROBATION
 OFFICER  OF  THE ORDER; AND (B) THE ORDER OF DETENTION UNDER SUBDIVISION
 THREE OF THIS SECTION OR ORDER OF PRETRIAL RELEASE SUBJECT TO CONDITIONS
 UNDER SUBDIVISION TWO OF THIS SECTION SHALL BE RECORDED IN  THE  PRINCI-
 PAL'S CRIMINAL RECORD.
   § 10. Paragraph (d) of subdivision 1 of section 722.23 of the criminal
 procedure  law, as added by section 1-a of part WWW of chapter 59 of the
 laws of 2017, is amended to read as follows:
   (d) The court shall deny the motion to prevent removal of  the  action
 in youth part unless the court makes a determination upon such motion by
 the district attorney that extraordinary circumstances exist that should
 prevent the transfer of the action to family court.  FOR THE PURPOSES OF
 THIS  PARAGRAPH,  THE  TERM "EXTRAORDINARY CIRCUMSTANCES" SHALL MEAN THE
 EXISTENCE OF HIGHLY UNUSUAL AND HEINOUS FACTS,  IN  ADDITION  TO  STRONG
 PROOF THAT THE DEFENDANT IS NOT AMENABLE OR WOULD NOT BENEFIT IN ANY WAY
 FROM  TRANSFER  OF  THE  ACTION TO FAMILY COURT.   FACTORS THAT SHALL BE
 CONSIDERED BY THE COURT IN  DETERMINING  WHETHER  EXTRAORDINARY  CIRCUM-
 STANCES  EXIST  SHALL  INCLUDE, BUT SHALL NOT BE LIMITED TO, WHETHER THE
 DEFENDANT:
   (I) COMMITTED A SERIES OF CRIMES OVER MULTIPLE DAYS IN CLOSE  PROXIMI-
 TY;
   (II) ACTED IN AN ESPECIALLY CRUEL AND HEINOUS MANNER; OR
   (III)  LED,  THREATENED,  OR  COERCED OTHER RELUCTANT ADOLESCENTS INTO
 PARTICIPATING IN THE CRIME OR CRIMES WHICH ARE THE BASIS OF THE ACTION.
   § 11. Subdivision 2 of section 722.23 of the criminal procedure law is
 amended by adding a new paragraph (c-1) to read as follows:
   (C-1) FOR THE PURPOSES OF PARAGRAPH (C) OF THIS SUBDIVISION, THE  TERM
 "SIGNIFICANT PHYSICAL INJURY" SHALL MEAN PHYSICAL INJURY THAT INVOLVES A
 RISK OF DEATH, SIGNIFICANT PHYSICAL PAIN, PROTRACTED AND OBVIOUS DISFIG-
 UREMENT,  OR A PROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION OF A BODILY
 MEMBER, ORGAN, OR MENTAL OR SENSORY FACULTY.
   § 12. Subparagraph (ii) of paragraph (c) of subdivision 2  of  section
 722.23  of  the  criminal procedure law, as added by section 1-a of part
 WWW of chapter 59 of the laws of 2017, is amended to read as follows:
   (ii) the defendant [displayed] WAS ILLEGALLY IN POSSESSION OF a LOADED
 firearm[, shotgun, rifle or deadly weapon] as defined in the  penal  law
 [in furtherance of such offense]; or
   §  13. Section 100.08 of the penal law, as added by chapter 422 of the
 laws of 1978, is amended to read as follows:
 § 100.08 Criminal solicitation in the third degree.
   A person is guilty  of  criminal  solicitation  in  the  third  degree
 when[,]:
 A. 8163                            12
 
   1.  being  over  eighteen  years  of age, with THE intent that another
 person under sixteen years of age engage in conduct that  would  consti-
 tute  a  felony,  he  OR SHE solicits, requests, commands, importunes or
 otherwise attempts  to  cause  such  other  person  to  engage  in  such
 conduct[.]; OR
   2.  BEING  OVER  EIGHTEEN  YEARS  OF AGE, WITH THE INTENT THAT ANOTHER
 PERSON UNDER EIGHTEEN YEARS OF AGE ENGAGE IN CONDUCT THAT WOULD  CONSTI-
 TUTE A CRIME UNDER ARTICLE TWO HUNDRED SIXTY-FIVE OF THIS CHAPTER, HE OR
 SHE  INTENTIONALLY  PROVIDES A LOADED FIREARM TO SUCH PERSON IN ORDER TO
 PROTECT THE ACTOR FROM CRIMINAL PROSECUTION.
   Criminal solicitation in the third degree is a class E felony.
   § 14. This act shall  take  effect  on  the  first  of  November  next
 succeeding  the date on which it shall have become a law and shall apply
 to all criminal cases where the defendant was arraigned on or after such
 effective date.