S T A T E O F N E W Y O R K
________________________________________________________________________
2320
2023-2024 Regular Sessions
I N S E N A T E
January 19, 2023
___________
Introduced by Sen. BAILEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the timely
scheduling of criminal trials
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 30.30 of the criminal procedure law, as amended by
section 1 of part KKK of chapter 59 of the laws of 2019, is amended to
read as follows:
§ 30.30 Speedy trial; time limitations.
1. Except as otherwise provided in subdivision three of this section,
a motion made pursuant to paragraph (e) of subdivision one of section
170.30 or paragraph (g) of subdivision one of section 210.20 of this
chapter must be granted where the people are not ready for trial within:
(a) six months of the commencement of a criminal action wherein a
defendant is accused of one or more offenses, at least one of which is a
felony;
(b) ninety days of the commencement of a criminal action wherein a
defendant is accused of one or more offenses, at least one of which is a
misdemeanor punishable by a sentence of imprisonment of more than three
months and none of which is a felony;
(c) sixty days of the commencement of a criminal action wherein the
defendant is accused of one or more offenses, at least one of which is a
misdemeanor punishable by a sentence of imprisonment of not more than
three months and none of which is a crime punishable by a sentence of
imprisonment of more than three months; or
(d) thirty days of the commencement of a criminal action wherein the
defendant is accused of one or more offenses, at least one of which is a
violation and none of which is a crime.
(e) for the purposes of this subdivision, the term offense shall
include vehicle and traffic law infractions.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05557-01-3
S. 2320 2
2. Except as provided in subdivision three of this section, where a
defendant has been committed to the custody of the sheriff or the office
of children and family services in a criminal action he or she must be
released on bail or on his or her own recognizance, upon such conditions
as may be just and reasonable, if the people are not ready for trial in
that criminal action within:
(a) ninety days from the commencement of his or her commitment to the
custody of the sheriff or the office of children and family services in
a criminal action wherein the defendant is accused of one or more
offenses, at least one of which is a felony;
(b) thirty days from the commencement of his or her commitment to the
custody of the sheriff or the office of children and family services in
a criminal action wherein the defendant is accused of one or more
offenses, at least one of which is a misdemeanor punishable by a
sentence of imprisonment of more than three months and none of which is
a felony;
(c) fifteen days from the commencement of his or her commitment to the
custody of the sheriff or the office of children and family services in
a criminal action wherein the defendant is accused of one or more
offenses, at least one of which is a misdemeanor punishable by a
sentence of imprisonment of not more than three months and none of which
is a crime punishable by a sentence of imprisonment of more than three
months; or
(d) five days from the commencement of his or her commitment to the
custody of the sheriff or the office of children and family services in
a criminal action wherein the defendant is accused of one or more
offenses, at least one of which is a violation and none of which is a
crime.
(e) for the purposes of this subdivision, the term offense shall
include vehicle and traffic law infractions.
3. (a) Subdivisions one and two of this section do not apply to a
criminal action wherein the defendant is accused of an offense defined
in sections 125.10, 125.15, 125.20, 125.25, 125.26 and 125.27 of the
penal law.
(b) A motion made pursuant to subdivisions one or two of this section
upon expiration of the specified period may be denied where the people
are not ready for trial if the people were ready for trial prior to the
expiration of the specified period and their present unreadiness is due
to some exceptional fact or circumstance, including, but not limited to,
the sudden unavailability of evidence material to the people's case,
when the district attorney has exercised due diligence to obtain such
evidence and there are reasonable grounds to believe that such evidence
will become available in a reasonable period.
(c) A motion made pursuant to subdivision two of this section shall
not:
(i) apply to any defendant who is serving a term of imprisonment for
another offense;
(ii) require the release from custody of any defendant who is also
being held in custody pending trial of another criminal charge as to
which the applicable period has not yet elapsed;
(iii) prevent the redetention of or otherwise apply to any defendant
who, after being released from custody pursuant to this section or
otherwise, is charged with another crime or violates the conditions on
which he OR SHE has been released, by failing to appear at a judicial
proceeding at which his OR HER presence is required or otherwise.
S. 2320 3
4. In computing the time within which the people must be ready for
trial pursuant to subdivisions one and two of this section, the follow-
ing periods must be excluded:
(a) a reasonable period of delay resulting from other proceedings
concerning the defendant, including but not limited to: proceedings for
the determination of competency and the period during which defendant is
incompetent to stand trial; demand to produce; request for a bill of
particulars; pre-trial motions; appeals; trial of other charges; and the
period during which such matters are under consideration by the court;
or
(b) the period of delay resulting from a continuance granted by the
court at the request of, or with the consent of, the defendant or his or
her counsel. The court may grant such a continuance only if it is satis-
fied that postponement is in the interest of justice, taking into
account the public interest in the prompt dispositions of criminal
charges. A defendant without counsel must not be deemed to have
consented to a continuance unless he or she has been advised by the
court of his or her rights under these rules and the effect of his OR
HER consent, which must be done on the record in open court; or
(c) (i) the period of delay resulting from the absence or unavailabil-
ity of the defendant. A defendant must be considered absent whenever his
OR HER location is unknown and he OR SHE is attempting to avoid appre-
hension or prosecution, or his OR HER location cannot be determined by
due diligence. A defendant must be considered unavailable whenever his
OR HER location is known but his OR HER presence for trial cannot be
obtained by due diligence; or
(ii) where the defendant has either escaped from custody or has failed
to appear when required after having previously been released on bail or
on his OR HER own recognizance, and provided the defendant is not in
custody on another matter, the period extending from the day the court
issues a bench warrant pursuant to section 530.70 of this chapter
because of the defendant's failure to appear in court when required, to
the day the defendant subsequently appears in the court pursuant to a
bench warrant or voluntarily or otherwise; or
(d) a reasonable period of delay when the defendant is joined for
trial with a co-defendant as to whom the time for trial pursuant to this
section has not run and good cause is not shown for granting a sever-
ance; or
(e) the period of delay resulting from detention of the defendant in
another jurisdiction provided the district attorney is aware of such
detention and has been diligent and has made reasonable efforts to
obtain the presence of the defendant for trial; or
(f) the period during which the defendant is without counsel through
no fault of the court; except when the defendant is proceeding as his OR
HER own attorney with the permission of the court; or
(g) other periods of delay occasioned by exceptional circumstances,
including but not limited to, the period of delay resulting from a
continuance granted at the request of a district attorney if (i) the
continuance is granted because of the unavailability of evidence materi-
al to the people's case, when the district attorney has exercised due
diligence to obtain such evidence and there are reasonable grounds to
believe that such evidence will become available in a reasonable period;
or (ii) the continuance is granted to allow the district attorney addi-
tional time to prepare the people's case and additional time is justi-
fied by the exceptional circumstances of the case. ANY STATEMENT OF
READINESS FILED BY THE PEOPLE ON A DAY NOT SCHEDULED FOR TRIAL OR OTHER
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PROCEEDING SHALL BE FILED BY AFFIDAVIT. Any such exclusion when a state-
ment of unreadiness has followed a statement of readiness made by the
people must be evaluated by the court after inquiry on the record as to
the reasons for the people's unreadiness and shall only be approved upon
a showing of sufficient supporting facts; or
(h) the period during which an action has been adjourned in contem-
plation of dismissal pursuant to sections 170.55, 170.56 and 215.10 of
this chapter; or
(i) the period prior to the defendant's actual appearance for arraign-
ment in a situation in which the defendant has been directed to appear
by the district attorney pursuant to subdivision three of section 120.20
or subdivision three of section 210.10 of this chapter; or
(j) the period during which a family offense is before a family court
until such time as an accusatory instrument or indictment is filed
against the defendant alleging a crime constituting a family offense, as
such term is defined in section 530.11 of this chapter.
5. Whenever pursuant to this section a prosecutor states or otherwise
provides notice that the people are ready for trial, the court shall
make inquiry on the record as to their actual readiness. If, after
conducting its inquiry, the court determines that the people are not
ready to proceed to trial, the prosecutor's statement or notice of read-
iness shall not be valid for purposes of this section. Any statement of
trial readiness must be accompanied or preceded by a certification of
good faith compliance with the disclosure requirements of section 245.20
of this chapter and the defense shall be afforded an opportunity to be
heard on the record as to whether the disclosure requirements have been
met. This subdivision shall not apply to cases where the defense has
waived disclosure requirements.
5-a. Upon a local criminal court accusatory instrument, a statement of
readiness shall not be valid unless the prosecuting attorney certifies
that all counts charged in the accusatory instrument meet the require-
ments of sections 100.15 and 100.40 of this chapter and those counts not
meeting the requirements of sections 100.15 and 100.40 of this chapter
have been dismissed.
6. An order finally denying a motion to dismiss pursuant to subdivi-
sion one of this section shall be reviewable upon an appeal from an
ensuing judgment of conviction notwithstanding the fact that such judg-
ment is entered upon a plea of guilty.
7. AT EACH COURT APPEARANCE DATE PRECEDING THE COMMENCEMENT OF TRIAL
IN A CRIMINAL ACTION, THE COURT, WHENEVER IT IS PRACTICABLE TO DO SO,
SHALL RULE ON WHETHER THE ADJOURNMENT PERIOD IMMEDIATELY FOLLOWING SUCH
COURT APPEARANCE DATE IS TO BE INCLUDED OR EXCLUDED FOR THE PURPOSES OF
COMPUTING THE TIME WITHIN WHICH THE PEOPLE MUST BE READY FOR TRIAL WITH-
IN THE MEANING OF THIS SECTION; PROVIDED THAT SUCH RULING SHALL NOT BE
BINDING ON A DETERMINATION OF A MOTION MADE PURSUANT TO SUBDIVISION ONE
OR TWO OF THIS SECTION. THE COURT'S RULING SHALL BE NOTED IN THE COURT
FILE.
8. WHERE THE PEOPLE STATE NOT READY FOR TRIAL AND SEEK AN ADJOURNMENT
FOR A SPECIFIC DATE, UPON REQUEST OF THE DEFENDANT THE COURT SHALL
ADJOURN THE MATTER FOR THE DATE REQUESTED BY THE PEOPLE OR A DATE NOT
MORE THAN TEN DAYS THEREAFTER, UNLESS DOING SO WOULD NOT BE IN THE
INTEREST OF JUSTICE.
9. WHERE THE PEOPLE AND DEFENDANT STATE READY FOR TRIAL ON THE RECORD
IN OPEN COURT AND THE COURT IS NOT ABLE TO ACCOMMODATE COMMENCEMENT OF
THE TRIAL IMMEDIATELY, THE COURT SHALL NOT ADJOURN FOR A DATE LATER THAN
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TEN DAYS THEREAFTER, UNLESS DOING SO WOULD NOT BE IN THE INTEREST OF
JUSTICE.
10. WHERE THE PEOPLE FILE A STATEMENT OF TRIAL READINESS ON A DAY NOT
SCHEDULED FOR TRIAL OR OTHER PROCEEDING, UPON REQUEST OF THE DEFENDANT
AND WITH NOTICE TO THE PEOPLE, THE COURT SHALL PLACE THE MATTER ON THE
COURT CALENDAR WITHIN TEN DAYS OF SUCH REQUEST TO SCHEDULE A DATE FOR
TRIAL.
11. For purposes of this section, (a) where the defendant is to be
tried following the withdrawal of the plea of guilty or is to be retried
following a mistrial, an order for a new trial or an appeal or collat-
eral attack, the criminal action and the commitment to the custody of
the sheriff or the office of children and family services, if any, must
be deemed to have commenced on the date the withdrawal of the plea of
guilty or the date the order occasioning a retrial becomes final;
(b) where a defendant has been served with an appearance ticket, the
criminal action must be deemed to have commenced on the date the defend-
ant first appears in a local criminal court in response to the ticket;
(c) where a criminal action is commenced by the filing of a felony
complaint, and thereafter, in the course of the same criminal action
either the felony complaint is replaced with or converted to an informa-
tion, prosecutor's information or misdemeanor complaint pursuant to
article one hundred eighty of this chapter or a prosecutor's information
is filed pursuant to section 190.70 of this chapter, the period applica-
ble for the purposes of subdivision one must be the period applicable to
the charges in the new accusatory instrument, calculated from the date
of the filing of such new accusatory instrument; provided, however, that
when the aggregate of such period and the period of time, excluding the
periods provided in subdivision four, already elapsed from the date of
the filing of the felony complaint to the date of the filing of the new
accusatory instrument exceeds six months, the period applicable to the
charges in the felony complaint must remain applicable and continue as
if the new accusatory instrument had not been filed;
(d) where a criminal action is commenced by the filing of a felony
complaint, and thereafter, in the course of the same criminal action
either the felony complaint is replaced with or converted to an informa-
tion, prosecutor's information or misdemeanor complaint pursuant to
article one hundred eighty of this chapter or a prosecutor's information
is filed pursuant to section 190.70 of this chapter, the period applica-
ble for the purposes of subdivision two of this section must be the
period applicable to the charges in the new accusatory instrument,
calculated from the date of the filing of such new accusatory instru-
ment; provided, however, that when the aggregate of such period and the
period of time, excluding the periods provided in subdivision four of
this section, already elapsed from the date of the filing of the felony
complaint to the date of the filing of the new accusatory instrument
exceeds ninety days, the period applicable to the charges in the felony
complaint must remain applicable and continue as if the new accusatory
instrument had not been filed.
(e) where a count of an indictment is reduced to charge only a misde-
meanor or petty offense and a reduced indictment or a prosecutor's
information is filed pursuant to subdivisions one-a and six of section
210.20 of this chapter, the period applicable for the purposes of subdi-
vision one of this section must be the period applicable to the charges
in the new accusatory instrument, calculated from the date of the filing
of such new accusatory instrument; provided, however, that when the
aggregate of such period and the period of time, excluding the periods
S. 2320 6
provided in subdivision four of this section, already elapsed from the
date of the filing of the indictment to the date of the filing of the
new accusatory instrument exceeds six months, the period applicable to
the charges in the indictment must remain applicable and continue as if
the new accusatory instrument had not been filed;
(f) where a count of an indictment is reduced to charge only a misde-
meanor or petty offense and a reduced indictment or a prosecutor's
information is filed pursuant to subdivisions one-a and six of section
210.20 of this chapter, the period applicable for the purposes of subdi-
vision two of this section must be the period applicable to the charges
in the new accusatory instrument, calculated from the date of the filing
of such new accusatory instrument; provided, however, that when the
aggregate of such period and the period of time, excluding the periods
provided in subdivision four of this section, already elapsed from the
date of the filing of the indictment to the date of the filing of the
new accusatory instrument exceeds ninety days, the period applicable to
the charges in the indictment must remain applicable and continue as if
the new accusatory instrument had not been filed.
[8.] 12. The procedural rules prescribed in subdivisions one through
seven of section 210.45 of this chapter with respect to a motion to
dismiss an indictment are not applicable to a motion made pursuant to
subdivision two of this section. If, upon oral argument, a time period
is in dispute, the court must promptly conduct a hearing in which the
people must prove that the time period is excludable.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
