S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7726
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 8, 2025
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the criminal procedure law, in relation to the issuance
   of securing orders and in relation to making conforming changes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  criminal  procedure  law  is amended by adding a new
 section 510.25 to read as follows:
 § 510.25 REHEARING AFTER FIVE DAYS IN CUSTODY.
   1. IN ADDITION TO ANY OTHER AVAILABLE PRE-CONVICTION MOTION OR  PROCE-
 DURE,  A PRINCIPAL FOR WHOM BAIL IS AUTHORIZED AND WAS FIXED, OR WHO WAS
 REMANDED TO THE CUSTODY OF THE  SHERIFF  BUT  IS  LEGALLY  ELIGIBLE  FOR
 RELEASE,  AND  WHO  IS IN CUSTODY FIVE DAYS THEREAFTER, SHALL BE BROUGHT
 BEFORE THE COURT THE NEXT BUSINESS DAY FOR A  HEARING  ON  THE  SECURING
 ORDER.
   2. THE PEOPLE MUST ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THAT THE
 PRINCIPAL POSES A SIGNIFICANT RISK OF INTENTIONAL FLIGHT TO AVOID PROSE-
 CUTION,  AND THAT NO CONDITION OR COMBINATION OF CONDITIONS WILL REASON-
 ABLY ASSURE THE PRINCIPAL'S RETURN TO COURT. WHERE THE PRINCIPAL HAS NOT
 BEEN INDICTED, AND REASONABLE CAUSE HAS NOT PREVIOUSLY BEEN  ESTABLISHED
 PURSUANT  TO  THE RELEVANT PROVISIONS OF SECTIONS 180.60, 180.70, 180.75
 AND 180.80 OF THIS CHAPTER OR THIS SECTION, THE PEOPLE MUST ALSO  ESTAB-
 LISH PROBABLE CAUSE THAT THE PRINCIPAL COMMITTED THE CHARGED OFFENSE.
   3.  IF  THE PEOPLE FAIL PURSUANT TO SUBDIVISION TWO OF THIS SECTION TO
 ESTABLISH THAT THE PRINCIPAL POSES A  SIGNIFICANT  RISK  OF  INTENTIONAL
 FLIGHT  TO  AVOID PROSECUTION AND THAT NO OTHER CONDITION OR COMBINATION
 OF CONDITIONS WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT, OR
 IN A CASE WHERE THERE IS NO INDICTMENT AND NO PREVIOUS FINDING  PURSUANT
 TO  SECTIONS  180.60,  180.70, 180.75 AND 180.80 OF THIS CHAPTER OR THIS
 SECTION AND THE PEOPLE FAIL TO ESTABLISH PROBABLE CAUSE THAT THE DEFEND-
 ANT COMMITTED THE CHARGED OFFENSE, THE COURT SHALL, BY  A  NEW  SECURING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06910-01-5
              

 A. 7726                             2
 
 ORDER,  RELEASE  THE  PRINCIPAL  ON THE PRINCIPAL'S OWN RECOGNIZANCE OR,
 WHERE AUTHORIZED PURSUANT TO THIS TITLE AND ARTICLES ONE HUNDRED SEVENTY
 AND ONE HUNDRED EIGHTY OF THIS CHAPTER, UNDER  NON-MONETARY  CONDITIONS,
 EXCEPT  WHERE  ANOTHER TYPE OF SECURING ORDER IS SHOWN TO BE REQUIRED BY
 LAW.
   4. AT THE HEARING, THE PRINCIPAL SHALL HAVE THE RIGHT  TO  BE  REPRES-
 ENTED  BY  COUNSEL AND, IF FINANCIALLY UNABLE TO OBTAIN COUNSEL, TO HAVE
 COUNSEL ASSIGNED. THE PRINCIPAL SHALL  BE  AFFORDED  AN  OPPORTUNITY  TO
 TESTIFY,  PRESENT  WITNESSES,  CROSS-EXAMINE WITNESSES WHO APPEAR AT THE
 HEARING AND PRESENT INFORMATION BY PROFFER OR  OTHERWISE.    THE  PROSE-
 CUTION  MUST  PRESENT  COMPETENT,  RELIABLE EVIDENCE AND MAY NOT RELY ON
 HEARSAY EVIDENCE TO SATISFY ITS BURDEN.
   5. PRIOR TO THE HEARING, IN ADDITION TO THE DISCOVERY REQUIRED BY THIS
 CHAPTER, AND SUBJECT  TO  A  PROTECTIVE  ORDER,  THE  PROSECUTION  SHALL
 DISCLOSE  TO  THE  PRINCIPAL,  AND  PERMIT  THE  PRINCIPAL  TO DISCOVER,
 INSPECT, COPY OR PHOTOGRAPH, ON AN ONGOING BASIS CONTINUING  AFTER  SUCH
 HEARING, ALL STATEMENTS AND REPORTS THAT RELATE OR RELATED TO THE PROSE-
 CUTION'S  REQUEST  FOR  CONTINUED DETENTION WHICH ARE IN THE POSSESSION,
 CUSTODY OR CONTROL OF THE  PROSECUTION,  OR  PERSONS  UNDER  THE  PROSE-
 CUTION'S DIRECTION AND CONTROL, INCLUDING:
   A.  THE CHARGING DOCUMENTS, SUCH AS THE COMPLAINT AND ANY INFORMATION,
 AND THE DOCUMENTS AND MATERIALS SUPPORTING THE CHARGING DOCUMENTS;
   B. POLICE AND LAW ENFORCEMENT REPORTS;
   C. ALL STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING OR
 RECORDING, AND THE SUBSTANCE OF ALL ORAL STATEMENTS, MADE BY THE PRINCI-
 PAL OR A CO-DEFENDANT;
   D. ALL STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING OR
 RECORDING, MADE BY PERSONS WHOM THE PROSECUTOR KNOWS TO HAVE EVIDENCE OR
 INFORMATION THAT RELATES TO THE SUBJECT MATTER OF THE CASE  OR  PROCEED-
 ING;
   E.  ALL STATEMENTS OR REPORTS ON WHICH, AS APPLICABLE, THE PROSECUTION
 INTENDS TO RELY ON OR RELIED ON AT THE HEARING; AND
   F. ALL FACTS, EVIDENCE AND INFORMATION  FAVORABLE  TO  THE  PRINCIPAL,
 INCLUDING  BUT  NOT  LIMITED TO INFORMATION THAT TENDS TO NEGATE RISK OF
 FLIGHT OR THE PRINCIPAL'S GUILT OR THAT TENDS TO  MITIGATE  THE  PRINCI-
 PAL'S  CULPABILITY  AS  TO A CHARGED OFFENSE, OR THAT TENDS TO SUPPORT A
 POTENTIAL DEFENSE THERETO, OR THAT TENDS TO SUPPORT A MOTION TO SUPPRESS
 EVIDENCE ON CONSTITUTIONAL OR STATUTORY GROUNDS, OR THAT IS RELEVANT  TO
 A WITNESS'S CREDIBILITY, WITHOUT REGARD TO THE MATERIALITY OF THE INFOR-
 MATION, OR THAT WOULD TEND TO MITIGATE OR REDUCE PUNISHMENT IF THE PRIN-
 CIPAL WERE CONVICTED.
   6.  THIS  PROCESS  SHALL  CONTINUE  WITH  ADDITIONAL  REHEARINGS, HELD
 PROMPTLY ON REASONABLE WRITTEN  REQUEST  OF  DEFENSE  COUNSEL,  MADE  ON
 NOTICE TO THE PEOPLE.
   § 2. Paragraphs (c), (d) and (e) of subdivision 1 of section 510.10 of
 the  criminal  procedure law, as added by section 1 of subpart C of part
 UU of chapter 56 of the laws of 2022, are amended to read as follows:
   (c) The principal's criminal conviction record if any;  PROVIDED  THAT
 THE  COURT  MUST  ALSO  CONSIDER AND TAKE INTO ACCOUNT THE TIME THAT HAS
 ELAPSED SINCE THE OCCURRENCE OF SUCH CRIME OR CRIMES AND THE AGE OF  THE
 PRINCIPAL AT THE TIME OF THE OCCURRENCE OF SUCH CRIME OR CRIMES;
   (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; PROVIDED THAT
 THE COURT MUST ALSO CONSIDER AND TAKE INTO ACCOUNT  THE  TIME  THAT  HAS
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 ELAPSED  SINCE  THE  OCCURRENCE OF SUCH DELINQUENCY OR YOUTHFUL OFFENDER
 CONDUCT AND THE AGE OF THE PRINCIPAL AT THE TIME OF SUCH DELINQUENCY  OR
 YOUTHFUL OFFENDER CONDUCT;
   (e) The principal's previous record with respect to INTENTIONAL flight
 to avoid criminal prosecution;
   §  3.  Subparagraph  (i)  of paragraph (b) of subdivision 3 of section
 510.45 of the criminal procedure law, as added by section 8 of part  JJJ
 of chapter 59 of the laws of 2019, is amended to read as follows:
   (i)  designed  and  implemented  in a way that ensures the results are
 free from discrimination AND ANY  DISPARATE  IMPACTS  ON  DETENTION  AND
 OTHER OUTCOMES on the basis of race, CREED, COLOR, national origin, sex,
 SEXUAL  ORIENTATION,  GENDER  IDENTITY  OR  EXPRESSION, MILITARY STATUS,
 DISABILITY, or any other protected class, REGARDING THE USE THEREOF; and
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.