S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5017
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2023
                                ___________
 
 Introduced  by  Sens. TEDISCO, BORRELLO, GRIFFO, HELMING, MATTERA, OBER-
   ACKER, O'MARA, ORTT, PALUMBO, STEC, WEIK --  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 providing
   judges more discretion regarding  securing  orders  and  limiting  the
   lengths  of certain orders; to repeal certain provisions of the crimi-
   nal procedure law relating thereto; to amend  the  criminal  procedure
   law  and  the  penal  law,  in  relation  to establishing new criminal
   discovery rules; to repeal article 245 of the criminal  procedure  law
   relating  thereto;  and  to repeal certain provisions of the judiciary
   law and the executive law relating to  securing  orders  and  criminal
   discovery
 
   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 law is REPEALED.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,
 subparagraph (viii) 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.
                                                            LBD09723-01-3
 S. 5017                             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.
 S. 5017                             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:
 S. 5017                             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. Subdivisions 3-a, 3-b, 21 and 22 of section 500.10 of the crimi-
 nal procedure law are REPEALED.
   § 7. 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].
   § 8. 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
 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)  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  principal
 pending  trial  on the principal's own recognizance, unless it is demon-
 strated 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:
 S. 5017                             5

   (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,
 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;
 S. 5017                             6

   (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
 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
 S. 5017                             7

 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-
 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
 S. 5017                             8
 
 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.
   §  9.  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 princi-
 pal  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.
   §  10.  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.
   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 when required. In determining
 that matter, the court must, on  the  basis  of  available  information,
 consider  and take into account [information about the principal 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)]:
 S. 5017                             9
 
   (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)  any]  (VII)  ANY  violation  by  the  principal  of  an  order of
 protection issued by any court;
   [(h) the] (VIII) THE principal's history of use  or  possession  of  a
 firearm;
   [(i)  whether] (IX) WHETHER the charge is alleged to have caused seri-
 ous harm to an individual or group of individuals; [and
   (j)] (X) If the principal is a defendant, THE WEIGHT OF  THE  EVIDENCE
 AGAINST  HIM  OR HER IN THE PENDING CRIMINAL ACTION AND ANY OTHER FACTOR
 INDICATING PROBABILITY OR IMPROBABILITY OF CONVICTION; OR, in  the  case
 of  an  application  for [a securing order] BAIL OR RECOGNIZANCE pending
 appeal, the merit or lack of merit of the appeal; AND
   (XI) 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  princi-
 pal  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.
   § 11. 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:
 S. 5017                            10
 
   (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]  RENDER  THE
 PRINCIPAL    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 prin-
 cipal  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.
   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
 S. 5017                            11

 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.
   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.]
   §  12.  Sections  510.43  and 510.45 of the criminal procedure law are
 REPEALED.
   § 13. 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
 S. 5017                            12

 required  to  appear,  in  order to give the principal an opportunity to
 appear voluntarily.]
   § 14. 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].
   § 15. 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.
   § 16. 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.
   §  17. 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
 S. 5017                            13
 
 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.
   §  18. 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
 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:
   § 19. 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
   § 20. 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:
 S. 5017                            14
 
   (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.
   § 21. 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)  Lacks  authority to issue such an order, pursuant to the relevant
 provisions 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.
   § 22. 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.
 S. 5017                            15
 
   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
 FURNISHED  WITH  A REPORT AS DESCRIBED IN SUBPARAGRAPH (II) OF PARAGRAPH
 (B) OF SUBDIVISION TWO OF SECTION 530.20 OF THIS ARTICLE.
   § 23. 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.
   § 24. Subdivision 2-a of section 530.45 of the criminal procedure  law
 is REPEALED.
   §  25.  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
 S. 5017                            16
 
 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
 dismissing 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
 determination  of  an  appeal,  the  defendant may apply for an order of
 recognizance 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.
   §  26.  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 may, and [except as
 provided in subdivision two of section 510.50 of this title concerning 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.
 S. 5017                            17
 
   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
 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
 S. 5017                            18
 
   [(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
 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.
   § 27. 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
 S. 5017                            19
 
 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.
   §  28.  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.
   § 29. 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
 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.
   § 30. Article 245 of the criminal procedure law is REPEALED.
   § 31. The criminal procedure law is amended by adding  a  new  article
 240 to read as follows:
                                ARTICLE 240
                                 DISCOVERY
 SECTION 240.10 DEFINITION OF TERMS.
         240.20 UPON DEMAND OF DEFENDANT.
         240.30 UPON DEMAND OF PROSECUTOR.
         240.35 REFUSAL OF DEMAND.
         240.40 UPON COURT ORDER.
         240.43 DISCLOSURE OF PRIOR UNCHARGED CRIMINAL, VICIOUS OR IMMOR-
                  AL ACTS.
         240.44 UPON PRE-TRIAL HEARING.
         240.45 UPON  TRIAL,  OF PRIOR STATEMENTS AND CRIMINAL HISTORY OF
                  WITNESSES.
         240.50 PROTECTIVE ORDERS.
         240.60 CONTINUING DUTY TO DISCLOSE.
         240.70 SANCTIONS; FEES.
         240.75 CERTAIN VIOLATIONS.
 S. 5017                            20
 
         240.80 WHEN DEMAND, REFUSAL AND COMPLIANCE MADE.
         240.90 MOTION PROCEDURE.
 § 240.10 DEFINITION  OF  TERMS. THE FOLLOWING DEFINITIONS ARE APPLICABLE
 TO THIS ARTICLE:
   1. "DEMAND TO PRODUCE"   MEANS A WRITTEN NOTICE SERVED  BY  AND  ON  A
 PARTY TO A CRIMINAL ACTION, WITHOUT LEAVE OF  THE  COURT,  DEMANDING  TO
 INSPECT  PROPERTY  PURSUANT TO THIS ARTICLE AND GIVING REASONABLE NOTICE
 OF THE TIME AT WHICH THE DEMANDING PARTY WISHES TO INSPECT THE  PROPERTY
 DESIGNATED.
   2.  "ATTORNEYS'  WORK    PRODUCT" MEANS PROPERTY TO THE EXTENT THAT IT
 CONTAINS THE  OPINIONS,  THEORIES  OR  CONCLUSIONS  OF  THE  PROSECUTOR,
 DEFENSE COUNSEL OR MEMBERS OF THEIR LEGAL STAFFS.
   3. "PROPERTY" MEANS ANY EXISTING TANGIBLE PERSONAL OR  REAL  PROPERTY,
 INCLUDING, BUT NOT  LIMITED  TO,  BOOKS,  RECORDS,  REPORTS,  MEMORANDA,
 PAPERS,  PHOTOGRAPHS,  TAPES OR OTHER ELECTRONIC RECORDINGS, ARTICLES OF
 CLOTHING,   FINGERPRINTS,   BLOOD   SAMPLES,   FINGERNAIL  SCRAPINGS  OR
 HANDWRITING SPECIMENS, BUT EXCLUDING ATTORNEYS' WORK PRODUCT.
   4. "AT THE TRIAL" MEANS AS PART OF THE  PEOPLE'S  OR  THE  DEFENDANT'S
 DIRECT CASE.
 § 240.20 UPON DEMAND OF DEFENDANT.
   1.  EXCEPT  TO  THE  EXTENT PROTECTED BY COURT ORDER, UPON A DEMAND TO
 PRODUCE BY A  DEFENDANT  AGAINST  WHOM  AN  INDICTMENT,  SUPERIOR  COURT
 INFORMATION,   PROSECUTOR'S   INFORMATION,  INFORMATION,  OR  SIMPLIFIED
 INFORMATION CHARGING A MISDEMEANOR  IS  PENDING,  THE  PROSECUTOR  SHALL
 DISCLOSE  TO  THE  DEFENDANT   AND  MAKE   AVAILABLE   FOR   INSPECTION,
 PHOTOGRAPHING, COPYING OR TESTING, THE FOLLOWING PROPERTY:
   (A)  ANY WRITTEN, RECORDED OR ORAL STATEMENT OF THE DEFENDANT, AND  OF
 A  CO-DEFENDANT  TO  BE TRIED JOINTLY, MADE, OTHER THAN IN THE COURSE OF
 THE CRIMINAL TRANSACTION, TO A PUBLIC SERVANT ENGAGED IN LAW ENFORCEMENT
 ACTIVITY  OR  TO  A  PERSON  THEN  ACTING  UNDER  HIS  DIRECTION  OR  IN
 COOPERATION WITH HIM OR HER;
   (B) ANY TRANSCRIPT OF TESTIMONY RELATING TO  THE  CRIMINAL  ACTION  OR
 PROCEEDING PENDING AGAINST THE DEFENDANT, GIVEN BY THE DEFENDANT, OR  BY
 A CO-DEFENDANT TO BE TRIED JOINTLY, BEFORE ANY GRAND JURY;
   (C)  ANY  WRITTEN REPORT OR DOCUMENT, OR PORTION THEREOF, CONCERNING A
 PHYSICAL OR  MENTAL  EXAMINATION,  OR  SCIENTIFIC  TEST  OR  EXPERIMENT,
 RELATING  TO  THE CRIMINAL ACTION OR PROCEEDING WHICH WAS MADE BY, OR AT
 THE REQUEST OR DIRECTION OF A PUBLIC SERVANT ENGAGED IN LAW  ENFORCEMENT
 ACTIVITY,  OR  WHICH WAS MADE BY A PERSON WHOM THE PROSECUTOR INTENDS TO
 CALL AS A WITNESS AT TRIAL, OR WHICH THE PEOPLE INTEND TO  INTRODUCE  AT
 TRIAL;
   (D)  ANY  PHOTOGRAPH  OR    DRAWING RELATING TO THE CRIMINAL ACTION OR
 PROCEEDING WHICH WAS MADE OR COMPLETED BY A PUBLIC  SERVANT  ENGAGED  IN
 LAW  ENFORCEMENT  ACTIVITY,  OR  WHICH  WAS  MADE  BY  A PERSON WHOM THE
 PROSECUTOR INTENDS TO CALL AS A WITNESS AT TRIAL, OR  WHICH  THE  PEOPLE
 INTEND TO INTRODUCE AT TRIAL;
   (E) ANY PHOTOGRAPH, PHOTOCOPY OR OTHER REPRODUCTION MADE BY OR AT  THE
 DIRECTION  OF A POLICE OFFICER,  PEACE  OFFICER  OR  PROSECUTOR  OF  ANY
 PROPERTY  PRIOR  TO  ITS  RELEASE  PURSUANT TO THE PROVISIONS OF SECTION
 450.10 OF THE PENAL LAW, IRRESPECTIVE OF WHETHER THE  PEOPLE  INTEND  TO
 INTRODUCE  AT  TRIAL  THE PROPERTY OR THE PHOTOGRAPH, PHOTOCOPY OR OTHER
 REPRODUCTION;
   (F) ANY OTHER PROPERTY OBTAINED FROM THE DEFENDANT, OR A  CO-DEFENDANT
 TO BE TRIED JOINTLY;
 S. 5017                            21
 
   (G)  ANY TAPES OR OTHER ELECTRONIC  RECORDINGS  WHICH  THE  PROSECUTOR
 INTENDS  TO  INTRODUCE  AT TRIAL, IRRESPECTIVE OF WHETHER SUCH RECORDING
 WAS MADE DURING THE COURSE OF THE CRIMINAL TRANSACTION;
   (H)  ANYTHING  REQUIRED TO   BE   DISCLOSED,  PRIOR  TO  TRIAL, TO THE
 DEFENDANT  BY THE PROSECUTOR, PURSUANT TO THE CONSTITUTION OF THIS STATE
 OR OF THE UNITED STATES;
   (I) THE APPROXIMATE DATE, TIME AND PLACE OF THE OFFENSE CHARGED AND OF
 DEFENDANT'S ARREST;
   (J) IN ANY PROSECUTION UNDER SECTION 156.05 OR  156.10  OF  THE  PENAL
 LAW,  THE TIME,  PLACE  AND  MANNER OF NOTICE GIVEN PURSUANT TO SUBDIVI-
 SION SIX OF SECTION 156.00 OF SUCH LAW; AND
   (K) IN ANY PROSECUTION  COMMENCED  IN  A  MANNER  SET  FORTH  IN  THIS
 SUBDIVISION  ALLEGING  A  VIOLATION  OF  THE VEHICLE AND TRAFFIC LAW, IN
 ADDITION TO ANY MATERIAL REQUIRED  TO  BE  DISCLOSED  PURSUANT  TO  THIS
 ARTICLE,  ANY  OTHER PROVISION OF LAW, OR THE CONSTITUTION OF THIS STATE
 OR OF THE UNITED STATES, ANY WRITTEN  REPORT  OR  DOCUMENT,  OR  PORTION
 THEREOF,  CONCERNING  A  PHYSICAL  EXAMINATION,  A  SCIENTIFIC  TEST  OR
 EXPERIMENT,  INCLUDING  THE  MOST  RECENT  RECORD  OF   INSPECTION,   OR
 CALIBRATION  OR  REPAIR  OF  MACHINES OR INSTRUMENTS UTILIZED TO PERFORM
 SUCH SCIENTIFIC TESTS OR EXPERIMENTS AND THE CERTIFICATION  CERTIFICATE,
 IF   ANY, HELD BY THE OPERATOR OF THE MACHINE OR INSTRUMENT, WHICH TESTS
 OR EXAMINATIONS WERE MADE BY OR AT THE REQUEST OR DIRECTION OF A  PUBLIC
 SERVANT  ENGAGED  IN  LAW  ENFORCEMENT  ACTIVITY  OR WHICH WAS MADE BY A
 PERSON WHOM THE PROSECUTOR INTENDS TO CALL AS A  WITNESS  AT  TRIAL,  OR
 WHICH THE PEOPLE INTEND TO INTRODUCE AT TRIAL.
   2. THE  PROSECUTOR  SHALL  MAKE  A  DILIGENT,   GOOD FAITH  EFFORT  TO
 ASCERTAIN THE EXISTENCE OF DEMANDED PROPERTY AND TO CAUSE SUCH  PROPERTY
 TO BE MADE AVAILABLE FOR DISCOVERY WHERE IT EXISTS BUT IS NOT WITHIN THE
 PROSECUTOR'S    POSSESSION,  CUSTODY  OR  CONTROL;  PROVIDED,  THAT  THE
 PROSECUTOR SHALL NOT BE REQUIRED  TO  OBTAIN  BY  SUBPOENA  DUCES  TECUM
 DEMANDED MATERIAL WHICH THE DEFENDANT MAY THEREBY OBTAIN.
 § 240.30 UPON DEMAND OF PROSECUTOR.
   1.  EXCEPT TO   THE  EXTENT PROTECTED BY COURT ORDER, UPON A DEMAND TO
 PRODUCE BY THE PROSECUTOR,  A  DEFENDANT  AGAINST  WHOM  AN  INDICTMENT,
 SUPERIOR  COURT  INFORMATION,  PROSECUTOR'S INFORMATION, INFORMATION, OR
 SIMPLIFIED INFORMATION CHARGING A MISDEMEANOR IS PENDING SHALL  DISCLOSE
 AND  MAKE  AVAILABLE  FOR INSPECTION, PHOTOGRAPHING, COPYING OR TESTING,
 SUBJECT TO CONSTITUTIONAL LIMITATIONS:
   (A) ANY WRITTEN REPORT OR DOCUMENT, OR PORTION THEREOF,  CONCERNING  A
 PHYSICAL  OR  MENTAL  EXAMINATION,  OR  SCIENTIFIC  TEST, EXPERIMENT, OR
 COMPARISONS, MADE BY OR AT THE REQUEST OR DIRECTION OF,  THE  DEFENDANT,
 IF  THE DEFENDANT INTENDS TO INTRODUCE SUCH REPORT OR DOCUMENT AT TRIAL,
 OR  IF THE DEFENDANT HAS FILED A NOTICE OF INTENT TO PROFFER PSYCHIATRIC
 EVIDENCE AND SUCH REPORT OR DOCUMENT RELATES THERETO, OR IF SUCH  REPORT
 OR  DOCUMENT  WAS MADE BY A PERSON, OTHER THAN DEFENDANT, WHOM DEFENDANT
 INTENDS TO CALL AS A WITNESS AT TRIAL; AND
   (B) ANY PHOTOGRAPH, DRAWING, TAPE OR OTHER ELECTRONIC RECORDING  WHICH
 THE DEFENDANT INTENDS TO INTRODUCE AT TRIAL.
   2. THE DEFENSE SHALL MAKE A DILIGENT GOOD FAITH EFFORT  TO  MAKE  SUCH
 PROPERTY AVAILABLE FOR DISCOVERY WHERE IT EXISTS BUT THE PROPERTY IS NOT
 WITHIN ITS POSSESSION, CUSTODY OR CONTROL, PROVIDED, THAT THE  DEFENDANT
 SHALL  NOT  BE  REQUIRED  TO  OBTAIN  BY  SUBPOENA  DUCES TECUM DEMANDED
 MATERIAL THAT THE PROSECUTOR MAY THEREBY OBTAIN.
 § 240.35 REFUSAL OF DEMAND.
   NOTWITHSTANDING  THE  PROVISIONS OF SECTIONS 240.20 AND 240.30 OF THIS
 ARTICLE, THE PROSECUTOR OR THE DEFENDANT, AS THE CASE MAY BE, MAY REFUSE
 S. 5017                            22

 TO  DISCLOSE ANY INFORMATION WHICH HE OR SHE REASONABLY BELIEVES IS  NOT
 DISCOVERABLE  BY  A  DEMAND  TO  PRODUCE,  PURSUANT TO SECTION 240.20 OR
 240.30 OF THIS ARTICLE AS THE CASE MAY  BE,  OR  FOR  WHICH  HE  OR  SHE
 REASONABLY  BELIEVES A PROTECTIVE ORDER WOULD BE WARRANTED. SUCH REFUSAL
 SHALL BE MADE IN A WRITING, WHICH SHALL SET FORTH THE  GROUNDS  OF  SUCH
 BELIEF  AS  FULLY  AS  POSSIBLE,  CONSISTENT  WITH  THE OBJECTIVE OF THE
 REFUSAL. THE WRITING SHALL BE SERVED UPON THE DEMANDING PARTY AND A COPY
 SHALL BE FILED WITH THE COURT.
 § 240.40 UPON COURT ORDER.
   NOTWITHSTANDING  THE  PROVISIONS  OF  SECTIONS  240.20 AND  240.30  OF
 THIS  ARTICLE,  THE PROSECUTOR OR THE DEFENDANT, AS THE CASE MAY BE, MAY
 REFUSE TO DISCLOSE ANY INFORMATION WHICH HE OR SHE  REASONABLY  BELIEVES
 IS  NOT  DISCOVERABLE BY A DEMAND TO PRODUCE, PURSUANT TO SECTION 240.20
 OR 240.30 OF THIS ARTICLE AS THE CASE MAY BE, OR FOR  WHICH  HE  OR  SHE
 REASONABLY BELIEVES A PROTECTIVE ORDER WOULD BE WARRANTED.  SUCH REFUSAL
 SHALL  BE  MADE  IN A WRITING, WHICH SHALL SET FORTH THE GROUNDS OF SUCH
 BELIEF   AS FULLY AS POSSIBLE, CONSISTENT  WITH  THE  OBJECTIVE  OF  THE
 REFUSAL.  THE   WRITING  SHALL  BE SERVED UPON THE DEMANDING PARTY AND A
 COPY SHALL BE FILED WITH THE COURT.
 § 240.43 DISCLOSURE OF PRIOR  UNCHARGED  CRIMINAL,  VICIOUS  OR  IMMORAL
            ACTS.
   1.  UPON  MOTION  OF  A DEFENDANT AGAINST WHOM AN INDICTMENT, SUPERIOR
 COURT INFORMATION, PROSECUTOR'S INFORMATION, INFORMATION, OR  SIMPLIFIED
 INFORMATION  CHARGING  A MISDEMEANOR IS PENDING, THE COURT IN WHICH SUCH
 ACCUSATORY INSTRUMENT IS PENDING:  (A) MUST ORDER DISCOVERY AS TO    ANY
 MATERIAL   NOT  DISCLOSED  UPON  A DEMAND  PURSUANT  TO  SECTION  240.20
 OF THIS ARTICLE, IF IT FINDS THAT THE PROSECUTOR'S REFUSAL  TO  DISCLOSE
 SUCH  MATERIAL  IS NOT JUSTIFIED; (B) MUST, UNLESS IT IS SATISFIED  THAT
 THE   PEOPLE HAVE SHOWN GOOD CAUSE WHY  SUCH  AN  ORDER  SHOULD  NOT  BE
 ISSUED,  ORDER  DISCOVERY OR ANY OTHER ORDER  AUTHORIZED  BY SUBDIVISION
 ONE OF SECTION 240.70 OF THIS ARTICLE AS TO ANY MATERIAL  NOT  DISCLOSED
 UPON  DEMAND PURSUANT TO SECTION 240.20 OF THIS ARTICLE WHERE THE PROSE-
 CUTOR   HAS   FAILED   TO SERVE A TIMELY  WRITTEN  REFUSAL  PURSUANT  TO
 SECTION  240.35 OF THIS ARTICLE; (C) MAY ORDER DISCOVERY WITH RESPECT TO
 ANY OTHER PROPERTY, WHICH THE PEOPLE INTEND TO INTRODUCE  AT  THE TRIAL,
 UPON A SHOWING BY THE DEFENDANT THAT  DISCOVERY  WITH  RESPECT  TO  SUCH
 PROPERTY  IS  MATERIAL  TO THE PREPARATION OF  HIS  OR HER  DEFENSE, AND
 THAT THE REQUEST IS REASONABLE; AND (D) WHERE PROPERTY IN  THE  PEOPLE'S
 POSSESSION,  CUSTODY,   OR   CONTROL  THAT  CONSISTS  OF  A DEOXYRIBONU-
 CLEIC ACID ("DNA") PROFILE OBTAINED FROM PROBATIVE  BIOLOGICAL  MATERIAL
 GATHERED  IN  CONNECTION  WITH  THE  INVESTIGATION OR PROSECUTION OF THE
 DEFENDANT  AND THE DEFENDANT ESTABLISHES THAT SUCH PROFILE COMPLIES WITH
 FEDERAL BUREAU OF INVESTIGATION OR  STATE   REQUIREMENTS, WHICHEVER  ARE
 APPLICABLE    AND  AS  SUCH  REQUIREMENTS ARE APPLIED TO LAW ENFORCEMENT
 AGENCIES SEEKING A KEYBOARD SEARCH OR SIMILAR COMPARISON, AND  THAT  THE
 DATA  MEETS STATE DNA INDEX SYSTEM OR NATIONAL DNA INDEX SYSTEM CRITERIA
 AS SUCH CRITERIA ARE APPLIED TO LAW ENFORCEMENT AGENCIES SEEKING SUCH  A
 KEYBOARD  SEARCH OR  SIMILAR  COMPARISON, THE COURT MAY ORDER AN  ENTITY
 THAT HAS ACCESS TO THE COMBINED DNA INDEX SYSTEM OR ITS SUCCESSOR SYSTEM
 TO COMPARE SUCH DNA PROFILE AGAINST DNA DATABANKS BY KEYBOARD  SEARCHES,
 OR A SIMILAR METHOD THAT DOES NOT INVOLVE UPLOADING, UPON NOTICE TO BOTH
 PARTIES AND THE ENTITY REQUIRED TO PERFORM THE SEARCH, UPON A SHOWING BY
 THE  DEFENDANT THAT SUCH A COMPARISON IS MATERIAL TO THE PRESENTATION OF
 HIS OR HER DEFENSE AND THAT THE REQUEST IS REASONABLE. FOR  PURPOSES  OF
 THIS PARAGRAPH, A "KEYBOARD SEARCH" SHALL MEAN A SEARCH OF A DNA PROFILE
 AGAINST  THE  DATABANK  IN  WHICH  THE  PROFILE  THAT IS SEARCHED IS NOT
 S. 5017                            23
 
 UPLOADED TO OR MAINTAINED IN THE  DATABANK.  UPON  GRANTING  THE  MOTION
 PURSUANT  TO  PARAGRAPH  (C)  OF THIS SUBDIVISION, THE COURT SHALL, UPON
 MOTION OF THE PEOPLE SHOWING SUCH TO BE MATERIAL TO THE  PREPARATION  OF
 THEIR  CASE  AND  THAT THE REQUEST IS REASONABLE, CONDITION ITS ORDER OF
 DISCOVERY  BY FURTHER DIRECTING DISCOVERY BY THE PEOPLE OF  PROPERTY, OF
 THE  SAME  KIND  OR  CHARACTER AS THAT AUTHORIZED TO BE INSPECTED BY THE
 DEFENDANT, WHICH HE OR SHE INTENDS TO INTRODUCE AT THE TRIAL.
   2. UPON MOTION  OF  THE  PROSECUTOR,  AND   SUBJECT TO  CONSTITUTIONAL
 LIMITATION,   THE    COURT  IN   WHICH  AN  INDICTMENT,  SUPERIOR  COURT
 INFORMATION,  PROSECUTOR'S  INFORMATION,  INFORMATION,   OR   SIMPLIFIED
 INFORMATION  CHARGING A MISDEMEANOR IS PENDING: (A) MUST ORDER DISCOVERY
 AS TO ANY PROPERTY NOT DISCLOSED  UPON  A  DEMAND  PURSUANT  TO  SECTION
 240.30  OF  THIS ARTICLE, IF  IT  FINDS  THAT  THE  DEFENDANT'S  REFUSAL
 TO DISCLOSE SUCH MATERIAL IS  NOT  JUSTIFIED;  AND  (B)  MAY  ORDER  THE
 DEFENDANT    TO   PROVIDE NON-TESTIMONIAL   EVIDENCE.   SUCH  ORDER MAY,
 AMONG OTHER THINGS, REQUIRE THE DEFENDANT TO:
   (I) APPEAR IN A LINE-UP;
   (II) SPEAK FOR IDENTIFICATION BY WITNESS OR POTENTIAL WITNESS;
   (III) BE FINGERPRINTED;
   (IV) POSE FOR PHOTOGRAPHS NOT INVOLVING REENACTMENT OF AN EVENT;
   (V) PERMIT THE TAKING OF SAMPLES OF BLOOD,  HAIR  OR  OTHER  MATERIALS
 FROM  HIS OR HER BODY  IN  A   MANNER   NOT   INVOLVING AN  UNREASONABLE
 INTRUSION THEREOF OR A RISK OF SERIOUS PHYSICAL INJURY THERETO;
   (VI) PROVIDE SPECIMENS OF HIS OR HER HANDWRITING;
   (VII)  SUBMIT  TO  A  REASONABLE PHYSICAL OR MEDICAL INSPECTION OF HIS
 OR HER BODY.
   THIS SUBDIVISION SHALL NOT BE CONSTRUED TO LIMIT, EXPAND, OR OTHERWISE
 AFFECT THE ISSUANCE OF A SIMILAR COURT ORDER, AS MAY  BE  AUTHORIZED  BY
 LAW,  BEFORE THE FILING OF AN ACCUSATORY INSTRUMENT CONSISTENT WITH SUCH
 RIGHTS AS THE DEFENDANT MAY DERIVE FROM THE CONSTITUTION OF  THIS  STATE
 OR OF THE UNITED STATES. THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT OR
 OTHERWISE   AFFECT   THE  ADMINISTRATION OF A CHEMICAL TEST WHERE OTHER-
 WISE AUTHORIZED PURSUANT TO SECTION ONE  THOUSAND  ONE  HUNDRED  NINETY-
 FOUR-A OF THE VEHICLE AND TRAFFIC LAW.
   3. AN ORDER PURSUANT  TO  THIS  SECTION  MAY  BE  DENIED,  LIMITED  OR
 CONDITIONED AS PROVIDED IN SECTION 240.50 OF THIS ARTICLE.
 § 240.44 UPON PRE-TRIAL HEARING.
   SUBJECT  TO A   PROTECTIVE   ORDER,   AT A PRE-TRIAL HEARING HELD IN A
 CRIMINAL COURT AT WHICH A WITNESS IS CALLED TO  TESTIFY,  EACH    PARTY,
 PRIOR  TO  THE  COMMENCEMENT OF THE   DIRECT  EXAMINATION OF EACH OF ITS
 WITNESSES, SHALL, UPON REQUEST OF THE OTHER  PARTY,  MAKE  AVAILABLE  TO
 THAT PARTY  TO THE EXTENT NOT PREVIOUSLY DISCLOSED:
   1. ANY WRITTEN OR RECORDED STATEMENT, INCLUDING ANY TESTIMONY BEFORE A
 GRAND  JURY, MADE BY SUCH WITNESS OTHER THAN THE DEFENDANT WHICH RELATES
 TO THE SUBJECT MATTER OF THE WITNESS'S TESTIMONY.
   2. A RECORD OF A JUDGMENT OF CONVICTION OF SUCH WITNESS OTHER THAN THE
 DEFENDANT IF THE RECORD OF CONVICTION IS  KNOWN  BY  THE  PROSECUTOR  OR
 DEFENDANT, AS THE CASE MAY BE, TO EXIST.
   3.  THE  EXISTENCE OF ANY PENDING CRIMINAL ACTION AGAINST SUCH WITNESS
 OTHER THAN THE DEFENDANT IF THE PENDING CRIMINAL ACTION IS KNOWN BY  THE
 PROSECUTOR OR DEFENDANT, AS THE CASE MAY BE, TO EXIST.
 § 240.45 UPON  TRIAL,  OF  PRIOR  STATEMENTS  AND  CRIMINAL  HISTORY  OF
            WITNESSES.
   1.  AFTER  THE JURY HAS BEEN SWORN AND BEFORE THE PROSECUTOR'S OPENING
 ADDRESS, OR IN THE CASE OF A SINGLE JUDGE TRIAL AFTER  COMMENCEMENT  AND
 S. 5017                            24
 
 BEFORE  SUBMISSION  OF  EVIDENCE,  THE  PROSECUTOR  SHALL,  SUBJECT TO A
 PROTECTIVE ORDER, MAKE AVAILABLE TO THE DEFENDANT:
   (A)  ANY WRITTEN OR RECORDED STATEMENT, INCLUDING ANY TESTIMONY BEFORE
 A GRAND JURY AND AN EXAMINATION VIDEOTAPED PURSUANT TO SECTION 190.32 OF
 THIS PART, MADE BY A PERSON WHOM THE PROSECUTOR INTENDS TO CALL  AS    A
 WITNESS  AT  TRIAL,  AND  WHICH  RELATES  TO  THE  SUBJECT MATTER OF THE
 WITNESS'S TESTIMONY;
   (B)  A RECORD OF JUDGMENT OF CONVICTION OF A WITNESS THE PEOPLE INTEND
 TO CALL AT TRIAL IF THE RECORD OF CONVICTION IS KNOWN BY THE  PROSECUTOR
 TO EXIST;
   (C) THE  EXISTENCE OF ANY PENDING CRIMINAL ACTION  AGAINST  A  WITNESS
 THE PEOPLE INTEND TO CALL AT TRIAL, IF THE PENDING  CRIMINAL  ACTION  IS
 KNOWN BY THE PROSECUTOR TO EXIST.
  THE  PROVISIONS OF PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION SHALL NOT
 BE  CONSTRUED  TO  REQUIRE  THE  PROSECUTOR  TO FINGERPRINT A WITNESS OR
 OTHERWISE CAUSE THE DIVISION OF CRIMINAL JUSTICE SERVICES OR  OTHER  LAW
 ENFORCEMENT AGENCY OR COURT TO ISSUE A REPORT CONCERNING A WITNESS.
   2. AFTER  PRESENTATION  OF  THE PEOPLE'S DIRECT CASE  AND  BEFORE  THE
 PRESENTATION OF  THE  DEFENDANT'S  DIRECT  CASE,  THE  DEFENDANT  SHALL,
 SUBJECT TO A PROTECTIVE ORDER, MAKE AVAILABLE TO THE PROSECUTOR:
   (A)  ANY WRITTEN OR RECORDED STATEMENT MADE BY A PERSON OTHER THAN THE
 DEFENDANT WHOM THE DEFENDANT INTENDS TO CALL AS A WITNESS AT THE  TRIAL,
 AND WHICH RELATES TO THE SUBJECT MATTER OF THE WITNESS'S TESTIMONY;
   (B)  A  RECORD  OF JUDGMENT OF CONVICTION OF A WITNESS, OTHER THAN THE
 DEFENDANT, THE DEFENDANT INTENDS TO CALL  AT  TRIAL  IF  THE  RECORD  OF
 CONVICTION IS KNOWN BY THE DEFENDANT TO EXIST;
   (C)  THE  EXISTENCE  OF ANY PENDING CRIMINAL ACTION AGAINST A WITNESS,
 OTHER THAN THE DEFENDANT, THE DEFENDANT INTENDS TO CALL AT TRIAL, IF THE
 PENDING CRIMINAL ACTION IS KNOWN BY THE DEFENDANT TO EXIST.
 § 240.50 PROTECTIVE ORDERS.
   1.  THE COURT IN WHICH THE CRIMINAL ACTION IS PENDING MAY, UPON MOTION
 OF EITHER  PARTY, OR OF ANY AFFECTED PERSON, OR UPON DETERMINATION OF  A
 MOTION OF EITHER PARTY FOR AN  ORDER  OF  DISCOVERY,  OR  UPON  ITS  OWN
 INITIATIVE,  ISSUE  A  PROTECTIVE ORDER DENYING, LIMITING, CONDITIONING,
 DELAYING OR REGULATING DISCOVERY  PURSUANT  TO  THIS  ARTICLE  FOR  GOOD
 CAUSE,  INCLUDING CONSTITUTIONAL LIMITATIONS, DANGER TO THE INTEGRITY OF
 PHYSICAL EVIDENCE OR A SUBSTANTIAL RISK OF PHYSICAL HARM,  INTIMIDATION,
 ECONOMIC  REPRISAL, BRIBERY OR UNJUSTIFIED ANNOYANCE OR EMBARRASSMENT TO
 ANY PERSON OR AN  ADVERSE  EFFECT  UPON  THE  LEGITIMATE  NEEDS  OF  LAW
 ENFORCEMENT,   INCLUDING   THE  PROTECTION  OF  THE  CONFIDENTIALITY  OF
 INFORMANTS, OR ANY OTHER FACTOR OR SET OF FACTORS  WHICH  OUTWEIGHS  THE
 USEFULNESS OF THE DISCOVERY.
   2.  AN  ORDER LIMITING, CONDITIONING, DELAYING OR REGULATING DISCOVERY
 MAY, AMONG OTHER THINGS, REQUIRE THAT ANY  MATERIAL  COPIED  OR  DERIVED
 THEREFROM  BE MAINTAINED IN THE EXCLUSIVE POSSESSION OF THE ATTORNEY FOR
 THE DISCOVERING PARTY AND BE USED FOR THE EXCLUSIVE PURPOSE OF PREPARING
 FOR THE DEFENSE OR PROSECUTION OF THE CRIMINAL ACTION.
   3. A MOTION FOR A PROTECTIVE ORDER SHALL SUSPEND  DISCOVERY   OF   THE
 PARTICULAR MATTER IN DISPUTE.
   4.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS ARTICLE, THE PERSONAL
 RESIDENCE ADDRESS OF A POLICE OFFICER OR CORRECTION OFFICER SHALL NOT BE
 REQUIRED TO BE DISCLOSED EXCEPT PURSUANT TO AN ORDER ISSUED BY  A  COURT
 FOLLOWING A FINDING OF GOOD CAUSE.
 § 240.60 CONTINUING DUTY TO DISCLOSE.
   IF, AFTER  COMPLYING  WITH THE PROVISIONS OF THIS ARTICLE OR AN  ORDER
 PURSUANT  THERETO,  A  PARTY  FINDS,  EITHER  BEFORE  OR  DURING  TRIAL,
 S. 5017                            25
 
 ADDITIONAL  MATERIAL  SUBJECT  TO DISCOVERY OR COVERED BY SUCH ORDER, HE
 OR  SHE  SHALL  PROMPTLY  COMPLY  WITH  THE DEMAND OR ORDER, REFUSE   TO
 COMPLY  WITH THE DEMAND WHERE REFUSAL IS  AUTHORIZED,  OR  APPLY  FOR  A
 PROTECTIVE ORDER.
 § 240.70 SANCTIONS; FEES.
   1.  IF,  DURING  THE  COURSE OF DISCOVERY PROCEEDINGS, THE COURT FINDS
 THAT A PARTY HAS FAILED TO COMPLY WITH ANY OF  THE  PROVISIONS  OF  THIS
 ARTICLE, THE COURT MAY ORDER SUCH PARTY TO PERMIT DISCOVERY OF THE PROP-
 ERTY  NOT  PREVIOUSLY DISCLOSED, GRANT A CONTINUANCE, ISSUE A PROTECTIVE
 ORDER, PROHIBIT THE INTRODUCTION OF CERTAIN EVIDENCE OR THE  CALLING  OF
 CERTAIN WITNESSES OR TAKE ANY OTHER APPROPRIATE ACTION.
   2. THE FAILURE OF THE PROSECUTION TO CALL AS A WITNESS A PERSON SPECI-
 FIED  IN  SUBDIVISION  ONE  OF  SECTION 240.20 OF THIS ARTICLE OR OF ANY
 PARTY TO INTRODUCE DISCLOSED MATERIAL AT THE TRIAL SHALL NOT, BY ITSELF,
 CONSTITUTE  GROUNDS FOR ANY SANCTION OR FOR ADVERSE COMMENT THEREUPON BY
 ANY PARTY IN SUMMATION TO THE JURY OR AT ANY OTHER POINT.
   3. A FEE FOR COPIES OF RECORDS    REQUIRED  TO  BE  DISCLOSED  MAY  BE
 CHARGED.  SUCH  FEE SHALL NOT EXCEED TWENTY-FIVE CENTS PER PHOTOCOPY NOT
 IN EXCESS OF NINE INCHES BY FOURTEEN  INCHES,  OR  THE  ACTUAL  COST  OF
 REPRODUCING  ANY  OTHER RECORD, EXCEPT WHEN A DIFFERENT FEE IS OTHERWISE
 PRESCRIBED BY LAW.
 § 240.75 CERTAIN VIOLATIONS.
   THE FAILURE OF THE PROSECUTOR  OR  ANY  AGENT  OF  THE  PROSECUTOR  TO
 DISCLOSE  STATEMENTS THAT ARE REQUIRED TO BE DISCLOSED UNDER SUBDIVISION
 ONE OF SECTION 240.44  OF THIS ARTICLE OR PARAGRAPH (A)  OF  SUBDIVISION
 ONE  OF SECTION 240.45 OF THIS ARTICLE SHALL NOT CONSTITUTE GROUNDS  FOR
 ANY   COURT   TO ORDER   A   NEW   PRE-TRIAL   HEARING OR  SET  ASIDE  A
 CONVICTION, OR REVERSE, MODIFY OR VACATE A JUDGMENT OF CONVICTION IN THE
 ABSENCE  OF  A  SHOWING BY THE DEFENDANT  THAT  THERE  IS  A  REASONABLE
 POSSIBILITY THAT THE NON-DISCLOSURE  MATERIALLY   CONTRIBUTED   TO   THE
 RESULT OF THE TRIAL OR OTHER PROCEEDING; PROVIDED, HOWEVER, THAT NOTHING
 IN  THIS  SECTION   SHALL AFFECT   OR  LIMIT  ANY  RIGHT  THE  DEFENDANT
 MAY  HAVE  TO A RE-OPENED PRE-TRIAL HEARING WHEN  SUCH  STATEMENTS  WERE
 DISCLOSED BEFORE  THE  CLOSE OF EVIDENCE AT TRIAL.
 § 240.80 WHEN DEMAND, REFUSAL AND COMPLIANCE MADE.
   1.  A   DEMAND   TO  PRODUCE  SHALL  BE  MADE WITHIN THIRTY DAYS AFTER
 ARRAIGNMENT AND BEFORE THE COMMENCEMENT OF TRIAL.  IF THE  DEFENDANT  IS
 NOT  REPRESENTED  BY COUNSEL, AND HAS REQUESTED AN ADJOURNMENT TO OBTAIN
 COUNSEL OR  TO  HAVE  COUNSEL  ASSIGNED,  THE  THIRTY-DAY  PERIOD  SHALL
 COMMENCE, FOR PURPOSES OF A DEMAND BY THE DEFENDANT, ON THE DATE COUNSEL
 INITIALLY  APPEARS  ON  HIS OR HER BEHALF.  HOWEVER,   THE   COURT   MAY
 DIRECT COMPLIANCE WITH A DEMAND TO PRODUCE THAT, FOR GOOD  CAUSE  SHOWN,
 COULD NOT HAVE BEEN MADE WITHIN THE TIME SPECIFIED.
   2.  A  REFUSAL TO COMPLY WITH A DEMAND TO PRODUCE SHALL BE MADE WITHIN
 FIFTEEN DAYS OF THE SERVICE OF THE DEMAND TO PRODUCE, BUT FOR GOOD CAUSE
 MAY BE MADE THEREAFTER.
   3. ABSENT A REFUSAL TO COMPLY WITH A DEMAND  TO   PRODUCE,  COMPLIANCE
 WITH SUCH DEMAND SHALL BE MADE WITHIN FIFTEEN DAYS OF THE SERVICE OF THE
 DEMAND OR AS SOON THEREAFTER AS PRACTICABLE.
 § 240.90 MOTION PROCEDURE.
    1.  A   MOTION  BY  A  PROSECUTOR  FOR DISCOVERY SHALL BE MADE WITHIN
 FORTY-FIVE DAYS AFTER ARRAIGNMENT, BUT FOR GOOD CAUSE SHOWN MAY BE  MADE
 AT ANY TIME BEFORE COMMENCEMENT OF TRIAL.
   2. A MOTION BY A DEFENDANT FOR DISCOVERY SHALL BE MADE  AS  PRESCRIBED
 IN SECTION 255.20 OF THIS TITLE.
 S. 5017                            26
 
   3.  WHERE THE INTERESTS OF JUSTICE SO REQUIRE, THE COURT MAY PERMIT  A
 PARTY  TO  A  MOTION FOR AN ORDER OF DISCOVERY OR A PROTECTIVE ORDER, OR
 OTHER AFFECTED PERSON, TO SUBMIT PAPERS OR TO TESTIFY  EX  PARTE OR   IN
 CAMERA.  ANY   SUCH   PAPERS  AND  TRANSCRIPT OF SUCH TESTIMONY SHALL BE
 SEALED, BUT SHALL CONSTITUTE A PART OF THE RECORD ON APPEAL.
   § 32. Subdivision 9 of section 65.20 of the criminal procedure law, as
 amended  by  section 4 of part LLL of chapter 59 of the laws of 2019, is
 amended to read as follows:
   9. (a) Prior to the commencement of the hearing conducted pursuant  to
 subdivision six of this section, the district attorney shall, subject to
 a  protective  order,  comply  with the provisions of subdivision one of
 section [245.20] 240.45 of this chapter as they concern any witness whom
 the district attorney intends to call  at  the  hearing  and  the  child
 witness.
   (b)  Before  a  defendant  calls  a witness at such hearing, he or she
 must, subject to a protective  order,  comply  with  the  provisions  of
 subdivision  [four]  TWO  of  section [245.20] 240.45 of this chapter as
 they concern all the witnesses the defendant intends  to  call  at  such
 hearing.
   §  33.  Subdivision 5 of section 200.95 of the criminal procedure law,
 as amended by section 5 of part LLL of chapter 59 of the laws  of  2019,
 is amended to read as follows:
   5.  Court  ordered  bill of particulars. Where a prosecutor has timely
 served a written refusal pursuant to subdivision four  of  this  section
 and upon motion, made in writing, of a defendant, who has made a request
 for  a  bill of particulars and whose request has not been complied with
 in whole or in part, the court must, to the extent a protective order is
 not warranted, order the prosecutor to comply with the request if it  is
 satisfied that the items of factual information requested are authorized
 to  be  included  in a bill of particulars, and that such information is
 necessary to enable the defendant adequately to prepare or  conduct  his
 OR HER defense and, if the request was untimely, a finding of good cause
 for  the  delay.  Where  a  prosecutor  has  not timely served a written
 refusal pursuant to subdivision four of this  section  the  court  must,
 unless it is satisfied that the people have shown good cause why such an
 order  should  not be issued, issue an order requiring the prosecutor to
 comply or providing for any other order authorized by [section 245.80 of
 this part] SUBDIVISION ONE OF SECTION 240.70 OF THIS PART.
   § 34. Paragraph (c) of subdivision 1 of section 255.10 of the criminal
 procedure law, as amended by section 6 of part LLL of chapter 59 of  the
 laws of 2019, is amended to read as follows:
   (c) granting discovery pursuant to article [245]TWO HUNDRED FORTY; or
   §  35.  Subdivision 1 of section 255.20 of the criminal procedure law,
 as amended by section 7 of part LLL of chapter 59 of the laws  of  2019,
 is amended to read as follows:
   1.  Except as otherwise expressly provided by law, whether the defend-
 ant is represented by counsel or elects to proceed pro se, all pre-trial
 motions shall be served or filed within forty-five days  after  arraign-
 ment and before commencement of trial, or within such additional time as
 the  court may fix upon application of the defendant made prior to entry
 of judgment. In an action in which [either (a) material  or  information
 has  been  disclosed pursuant to paragraph (m) or (n) of subdivision one
 of section 245.20 of this  title,  (b)]  an  eavesdropping  warrant  and
 application have been furnished pursuant to section 700.70 of this chap-
 ter,  or  [(c)]  a  notice  of  intention to introduce evidence has been
 served pursuant to section 710.30 of this chapter, such period shall  be
 S. 5017                            27
 
 extended  until  forty-five days after the last date of such service. If
 the defendant is  not  represented  by  counsel  and  has  requested  an
 adjournment  to  obtain counsel or to have counsel assigned, such forty-
 five  day period shall commence on the date counsel initially appears on
 defendant's behalf.
   § 36. Section 340.30 of the criminal  procedure  law,  as  amended  by
 section  8  of part LLL of chapter 59 of the laws of 2019, is amended to
 read as follows:
 § 340.30 Pre-trial discovery and notices of defenses.
   The provisions of article two hundred [forty-five] FORTY of this part,
 concerning pre-trial discovery by a  defendant  under  indictment  in  a
 superior  court,  and article two hundred fifty of this part, concerning
 pre-trial notice to the people by a  defendant  under  indictment  in  a
 superior  court who intends to advance a trial defense of mental disease
 or defect or of alibi, apply to a prosecution of  an  information  in  a
 local criminal court.
   §  37. Subdivision 14 of section 400.27 of the criminal procedure law,
 as amended by section 9 of part LLL of chapter 59 of the laws  of  2019,
 is amended to read as follows:
   14.  (a)  At a reasonable time prior to the sentencing proceeding or a
 [mental retardation] COMPETENCY hearing:
   (i) the prosecutor shall, unless previously disclosed and subject to a
 protective order, make available to the  defendant  the  statements  and
 information  specified  in subdivision one of section [245.20] 240.45 of
 this part and make available for inspection, photographing,  copying  or
 testing  the  property  specified in subdivision one of section [245.20]
 240.20 OF THIS PART; and
   (ii) the defendant shall, unless previously disclosed and subject to a
 protective order, make available to the prosecution the  statements  and
 information  specified  in  subdivision  [four]  TWO of section [245.20]
 240.20 OF THIS PART and make available  for  inspection,  photographing,
 copying  or testing, subject to constitutional limitations, the reports,
 documents and other property specified in [section  245.20]  SUBDIVISION
 ONE OF SECTION 240.30 of this part.
   (b) Where a party refuses to make disclosure pursuant to this section,
 the  provisions  of  [section  245.70,  245.75  and/or  245.80] SECTIONS
 240.35, 240.40 AND 240.50 of this part shall apply.
   (c) If, after complying with the provisions  of  this  section  or  an
 order pursuant thereto, a party finds either before or during a sentenc-
 ing  proceeding  or  [mental retardation] COMPETENCY hearing, additional
 material subject to discovery or covered by court order, the party shall
 promptly make disclosure or apply for a protective order.
   (d) If the court finds that a party has failed to comply with  any  of
 the  provisions of this section, the court may [employ] ENTER any of the
 [remedies or sanctions] ORDERS specified in subdivision one  of  section
 [245.80] 240.70 of this part.
   §  38.  The  opening  paragraph  of  paragraph (b) of subdivision 1 of
 section 440.30 of the criminal procedure law, as amended by  section  10
 of  part  LLL  of  chapter 59 of the laws of 2019, is amended to read as
 follows:
   In conjunction with the filing or consideration of a motion to  vacate
 a  judgment  pursuant  to  section 440.10 of this article by a defendant
 convicted after a trial, in cases where the court has ordered an eviden-
 tiary hearing upon such motion, the court  may  order  that  the  people
 produce  or make available for inspection property, AS DEFINED IN SUBDI-
 VISION THREE OF SECTION 240.10 OF THIS PART, in its possession, custody,
 S. 5017                            28
 
 or control that was secured in  connection  with  the  investigation  or
 prosecution  of the defendant upon credible allegations by the defendant
 and a finding by the court that such property,  if  obtained,  would  be
 probative to the determination of defendant's actual innocence, and that
 the  request is reasonable. The court shall deny or limit such a request
 upon a finding that such a  request,  if  granted,  would  threaten  the
 integrity  or chain of custody of property or the integrity of the proc-
 esses or functions of a laboratory conducting DNA testing, pose  a  risk
 of  harm,  intimidation, embarrassment, reprisal, or other substantially
 negative consequences to any person, undermine the proper  functions  of
 law  enforcement  including the confidentiality of informants, or on the
 basis of any other factor identified by the court in  the  interests  of
 justice  or public safety. The court shall further ensure that any prop-
 erty produced pursuant to this paragraph  is  subject  to  a  protective
 order, where appropriate. The court shall deny any request made pursuant
 to this paragraph where:
   §  39.  Subdivision 3 of section 610.20 of the criminal procedure law,
 as amended by section 3 of part LLL of chapter 59 of the laws  of  2019,
 is amended to read as follows:
   3.  An attorney for a defendant in a criminal action or proceeding, as
 an officer of a criminal court, may issue  a  subpoena  of  such  court,
 subscribed  by  himself  OR HERSELF, for the attendance in such court of
 any witness whom the defendant is entitled to call  in  such  action  or
 proceeding.  An  attorney for a defendant may not issue a subpoena duces
 tecum of the court directed to any department, bureau or agency  of  the
 state or of a political subdivision thereof, or to any officer or repre-
 sentative  thereof[,  unless  the  subpoena is indorsed by the court and
 provides at least three days for the production of the requested materi-
 als. In the case of an emergency, the court may by order  dispense  with
 the  three-day  production  period].  SUCH A SUBPOENA DUCES TECUM MAY BE
 ISSUED IN BEHALF OF A DEFENDANT UPON ORDER OF A COURT  PURSUANT  TO  THE
 RULES  APPLICABLE  TO  CIVIL  CASES  AS PROVIDED IN SECTION TWENTY-THREE
 HUNDRED SEVEN OF THE CIVIL PRACTICE LAW AND RULES.
   § 40. Subdivision 4 of section 610.20 of the criminal procedure law is
 REPEALED.
   § 41. Subdivision 10 of section 450.10 of the penal law, as amended by
 section 11 of part LLL of chapter 59 of the laws of 2019, is amended  to
 read as follows:
   10.  Where  there  has been a failure to comply with the provisions of
 this section, and where the district attorney does  not  demonstrate  to
 the  satisfaction  of  the  court  that  such failure has not caused the
 defendant prejudice, the court shall  instruct  the  jury  that  it  may
 consider  such  failure  in  determining  the  weight  to  be given such
 evidence and may also impose any other sanction set forth in subdivision
 one of section [245.80] 240.70 of the criminal procedure law;  provided,
 however,  that  unless  the  defendant has convinced the court that such
 failure has caused him OR HER  undue  prejudice,  the  court  shall  not
 preclude  the district attorney from introducing into evidence the prop-
 erty, photographs, photocopies, or other reproductions of  the  property
 or,  where  appropriate,  testimony  concerning its value and condition,
 where such evidence is otherwise properly authenticated  and  admissible
 under  the  rules of evidence. Failure to comply with any one or more of
 the provisions of this section  shall  not  for  that  reason  alone  be
 grounds for dismissal of the accusatory instrument.
 S. 5017                            29

   §  42.  Section  460.80  of the penal law, as amended by section 12 of
 part LLL of chapter 59 of the laws  of  2019,  is  amended  to  read  as
 follows:
 § 460.80 Court ordered disclosure.
   Notwithstanding  the  provisions  of  article two hundred [forty-five]
 FORTY of the criminal procedure law, when forfeiture is sought  pursuant
 to  section 460.30 of this article, the court may order discovery of any
 property not otherwise disclosed which is material and reasonably neces-
 sary for preparation by the defendant with  respect  to  the  forfeiture
 proceeding  pursuant  to  such section. The court may issue a protective
 order denying,  limiting,  conditioning,  delaying  or  regulating  such
 discovery  where  a  danger  to  the integrity of physical evidence or a
 substantial risk of  physical  harm,  intimidation,  economic  reprisal,
 bribery  or  unjustified  annoyance or embarrassment to any person or an
 adverse effect upon the legitimate needs of law  enforcement,  including
 the protection of the confidentiality of informants, or any other factor
 or set of factors outweighs the usefulness of the discovery.
   §  43. Subdivision 5 of section 480.10 of the penal law, as amended by
 section 13 of part LLL of chapter 59 of the laws of 2019, is amended  to
 read as follows:
   5.  In  addition  to  information required to be disclosed pursuant to
 article two hundred [forty-five] FORTY of the  criminal  procedure  law,
 when  forfeiture  is  sought pursuant to this article, and following the
 defendant's arraignment on the special forfeiture information, the court
 shall order discovery of any information not otherwise  disclosed  which
 is  material  and  reasonably necessary for preparation by the defendant
 with respect to a forfeiture proceeding brought pursuant to  this  arti-
 cle.  Such  material  shall  include  those  portions  of the grand jury
 minutes and such other information which pertain solely to  the  special
 forfeiture  information and shall not include information which pertains
 to the criminal charges. Upon application of the prosecutor,  the  court
 may  issue a protective order pursuant to section [245.70] 240.40 of the
 criminal procedure law with respect to any information  required  to  be
 disclosed pursuant to this subdivision.
   § 44. Subdivision 5 of section 216 of the judiciary law is REPEALED.
   § 45. Section 837-u of the executive law is REPEALED.
   §  46. This act shall take effect immediately; provided, however, that
 the amendments to subdivision 9 of section 65.20 of the criminal  proce-
 dure  law  made  by  section thirty-two of this act shall not affect the
 repeal of such section and shall be deemed repealed therewith.