Senate Bill S4461

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4461
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2025
                                ___________
 
 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 law is REPEALED.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,
 paragraph (a) as separately amended by section 1 of subpart B of part VV
 of chapter 56 of the laws of 2023 and chapter 23 of the  laws  of  2024,
 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,
 former section 130.40, section 205.10, 205.17, 205.19 or 215.56  of  the
 penal law, or other than where an arrest is required to be made pursuant
 to subdivision four of section 140.10 of this title, the officer [shall,
 except  as set out in paragraph (b) of this subdivision] MAY, subject to
 the provisions of subdivisions three and four of section 150.40 of  this
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08913-01-5
              

 S. 4461                             2
 
 [title]  ARTICLE, instead issue to and serve upon such person an appear-
 ance ticket.
   [(b) An officer is not required to issue an appearance ticket if:
   (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.]
 S. 4461                             3
 
   § 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.
   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 THE PRINCIPAL'S 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 SUCH OFFICER'S SUPERIOR OFFICERS, MAY  IN
 SUCH  PLACE,  FIX  PRE-ARRAIGNMENT BAIL, IN AN AMOUNT PRESCRIBED IN THIS
 SUBDIVISION, 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 THE OFFICER 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
 S. 4461                             4
 
 SUCH OTHER SYSTEM FOR THE POSTING OF PRE-ARRAIGNMENT BAIL  BY  MEANS  OF
 CREDIT CARD OR SIMILAR DEVICE AS SUCH PERSON 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:
   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,  subdivision  5  as amended by section 1 of subpart A of
 part VV of chapter 56 of the laws of 2023 and subdivisions 6, 7 and 9 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],  or,  as  otherwise
 authorized   under  this  title,  ordering  non-monetary  conditions  in
 conjunction with fixing bail.
   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,  the  opening
 paragraph  as added and the opening paragraph of subdivision 1, subdivi-
 sion 3 and the opening paragraph of subdivision 4 as amended by  section
 2 of subpart A of part VV of chapter 56 of the laws of 2023, 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].
   The  imposition  of a specific type of securing order is in some cases
 required by law and in other cases within the discretion of the court in
 accordance with the principles of, and pursuant to its authority granted
 under, this title.
 S. 4461                             5
 
   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 impose a securing order in  accord-
 ance  with  this title.   Except as otherwise required by law, the court
 shall  make  an individualized determination as to whether the principal
 poses a risk of flight to  avoid  prosecution,  consider  the  kind  and
 degree  of  control  or  restriction  necessary to reasonably assure the
 principal's return to court, and select a securing order consistent with
 its determination under this subdivision. The court  shall  explain  the
 basis  for  its  determination  and  its choice of securing order on the
 record or in writing. In making a determination under this  subdivision,
 the  court  must  consider  and  take into account available information
 about the principal, including:
   (a) The principal's activities and history;
   (b) If the principal is a defendant, the charges facing the principal;
   (c) (I) THE  PRINCIPAL'S  CHARACTER,  REPUTATION,  HABITS  AND  MENTAL
 CONDITION;
   (II) THE PRINCIPAL'S EMPLOYMENT AND FINANCIAL RESOURCES;
   (III)  THE  PRINCIPAL'S  FAMILY TIES AND THE LENGTH OF THE PRINCIPAL'S
 RESIDENCE 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 354.1 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)] (VI) The principal's previous record, IF ANY, IN  RESPONDING  TO
 COURT APPEARANCES WHEN REQUIRED OR with respect to flight to avoid crim-
 inal prosecution;
   [(f) If monetary bail is authorized, according to the restrictions set
 forth in this title, the principal's individual financial circumstances,
 and,  in cases where bail is authorized, the principal's ability to post
 bail without posing undue hardship, as well as his  or  her  ability  to
 obtain a secured, unsecured, or partially secured bond;
   (g)]  (VII)  Any  violation by the principal of an order of protection
 issued by any court;
   [(h)] (VIII) The  principal's  history  of  use  or  possession  of  a
 firearm;
   [(i)]  (IX)  Whether the charge is alleged to have caused serious harm
 to an individual or group of individuals; [and]
   [(j)] (X) If the principal is a defendant, THE WEIGHT OF THE  EVIDENCE
 AGAINST  THE  PRINCIPAL  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 pend-
 ing appeal, the merit or lack of merit of the appeal; AND
   (XI) IF THE PRINCIPAL IS A DEFENDANT, THE SENTENCE WHICH MAY BE OR HAS
 BEEN IMPOSED UPON CONVICTION.
   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
 principal'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,
 S. 4461                             6
 
 the  court  shall release the principal under non-monetary conditions as
 provided for in subdivision three-a of section 500.10 of this title that
 will reasonably assure the principal's return to court. The court  shall
 explain its choice of securing order 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 order non-monetary  conditions  in
 conjunction  with fixing 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  quali-
 fying  offense for the purposes of this subdivision when [he or she] THE
 PRINCIPAL stands charged with:
   (a) a felony enumerated in section 70.02 of the penal law, other  than
 robbery  in  the  second degree as defined in subdivision one of section
 160.10 of the penal law, provided, however, that burglary in the  second
 degree  as defined in subdivision two of section 140.25 of the penal law
 shall be a qualifying offense only where the defendant is  charged  with
 entering the living area of the dwelling;
   (b) a crime involving witness intimidation under section 215.15 of the
 penal law;
   (c)  a  crime involving witness tampering under section 215.11, 215.12
 or 215.13 of the penal law;
   (d) a class A felony defined in the penal law, provided that for class
 A felonies under article two hundred twenty of the penal law, only class
 A-I felonies shall be a qualifying offense;
   (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the penal law, or a felony sex offense defined in section 70.80  of  the
 penal  law,  or  a  crime involving incest as defined in section 255.25,
 255.26 or 255.27 of such law, or a misdemeanor defined  in  article  one
 hundred thirty of such law;
   (f)  conspiracy  in  the second degree as defined in section 105.15 of
 the penal law, where the underlying allegation of such  charge  is  that
 the  defendant  conspired  to commit a class A felony defined in article
 one hundred twenty-five of the penal law;
   (g) money laundering in support of terrorism in the  first  degree  as
 defined  in section 470.24 of the penal law; money laundering in support
 of terrorism in the second degree as defined in section  470.23  of  the
 penal  law; money laundering in support of terrorism in the third degree
 as defined in section 470.22 of  the  penal  law;  money  laundering  in
 support  of  terrorism in the fourth degree as defined in section 470.21
 of the penal law; or a felony crime of terrorism as defined  in  article
 four  hundred  ninety  of the penal law, other than the crime defined in
 section 490.20 of such law;
   (h) criminal contempt in the second degree as defined  in  subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
 the penal law or aggravated criminal  contempt  as  defined  in  section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal  contempt  in the second degree, criminal contempt in the first
 degree or aggravated criminal contempt is that the defendant violated  a
 duly served order of protection where the protected party is a member of
 the  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this title;
   (i) facilitating a sexual performance by a  child  with  a  controlled
 substance  or alcohol as defined in section 263.30 of the penal law, use
 S. 4461                             7
 
 of a child in a sexual performance as defined in section 263.05  of  the
 penal  law  or  luring  a child as defined in subdivision one of section
 120.70 of the penal law, promoting an obscene sexual  performance  by  a
 child as defined in section 263.10 of the penal law or promoting a sexu-
 al performance by a child as defined in section 263.15 of the penal law;
   (j)  any  crime  that  is  alleged to have caused the death of another
 person;
   (k) criminal obstruction of breathing or blood circulation as  defined
 in  section  121.11 of the penal law, strangulation in the second degree
 as defined in section 121.12 of the penal law or  unlawful  imprisonment
 in  the  first degree as defined in section 135.10 of the penal law, and
 is alleged to have committed the offense against a member of the defend-
 ant's same family or household as defined in subdivision one of  section
 530.11 of this title;
   (l) aggravated vehicular assault as defined in section 120.04-a of the
 penal law or vehicular assault in the first degree as defined in section
 120.04 of the penal law;
   (m)  assault  in  the third degree as defined in section 120.00 of the
 penal law or arson in the third degree as defined in section  150.10  of
 the  penal law, when such crime is charged as a hate crime as defined in
 section 485.05 of the penal law;
   (n) aggravated assault upon a person less than  eleven  years  old  as
 defined  in  section 120.12 of the penal law or criminal possession of a
 weapon on school grounds as defined in section  265.01-a  of  the  penal
 law;
   (o)  grand larceny in the first degree as defined in section 155.42 of
 the penal law, enterprise corruption as defined in section 460.20 of the
 penal law, or money laundering in the first degree as defined in section
 470.20 of the penal law;
   (p) failure to register as a sex  offender  pursuant  to  section  one
 hundred  sixty-eight-t  of the correction law or endangering the welfare
 of a child as defined in subdivision one of section 260.10 of the  penal
 law,  where  the  defendant  is  required to maintain registration under
 article six-C of the correction law and designated a level three  offen-
 der  pursuant to subdivision six of section one hundred sixty-eight-l of
 the correction law;
   (q) a crime involving bail jumping under  section  215.55,  215.56  or
 215.57  of  the  penal  law,  or a crime involving escaping from custody
 under section 205.05, 205.10 or 205.15 of the penal law;
   (r) any felony offense committed by  the  principal  while  serving  a
 sentence of probation or while released to post release supervision;
   (s)  a  felony,  where  the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law;
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 [his  or  her]  THE  DEFENDANT'S own recognizance, released under condi-
 tions, or had yet to be arraigned after the issuance of a  desk  appear-
 ance  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  underly-
 ing  crime. For the purposes of this subparagraph, any of the underlying
 S. 4461                             8
 
 crimes need not be a qualifying 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 accu-
 satory 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] THE PRINCIPAL'S own recogni-
 zance or under appropriate non-monetary conditions; or
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the penal law.
   5. Notwithstanding the provisions of subdivisions three  and  four  of
 this section, with respect to any charge for which bail or remand is not
 ordered,  and  for  which  the  court  would  not or could not otherwise
 require bail or remand, a defendant may, at any time, request  that  the
 court  set  bail  in  a nominal amount requested by the defendant in the
 form specified in paragraph (a) of subdivision one of section 520.10  of
 this title; if the court is satisfied that the request is voluntary, the
 court shall set such bail in such amount.
   6.]  When  a  securing order is revoked or otherwise terminated in the
 course of an uncompleted action or proceeding but the principal's future
 court attendance still is or may be required and the principal is  still
 under  the control of a court, a new securing order must be issued. When
 the court revokes or otherwise terminates a securing order which commit-
 ted the principal to the custody of the sheriff, the  court  shall  give
 written notification to the sheriff of such revocation or termination of
 the securing order.
   §  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,  subdivision  1
 and paragraph (b) of subdivision 2 as amended and subdivision 3 as added
 by  section 3 of subpart A of part VV of chapter 56 of the laws of 2023,
 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,  bail, a reduction of bail, or imposition of non-mone-
 tary conditions in conjunction with bail or a reduction of] 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, a reduction of bail, or imposition of  non-monetary  condi-
 tions  in  conjunction  with bail or a reduction of 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, [or where bail has been imposed, reduce the amount  of  bail]  and
 impose  non-monetary  conditions, where authorized under this title, and
 that if bail is [authorized and] fixed  it  should  be  in  a  suggested
 amount and form.
 S. 4461                             9

   3. When an application for a change in securing order is brought under
 this  section  and  one  or  more of the charge or charges on which such
 securing order was based have been dismissed and/or  reduced  such  that
 the  securing  order is no longer supported by the provisions of section
 510.10  of  this article, the court shall impose a new securing order in
 accordance with such section.
   § 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 4 of subpart A of part VV of chapter 56 of the
 laws of 2023, 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 a securing order in accordance
 with section 510.10 of this article, and shall explain the basis for its
 determination and choice of securing order on the record or in writing.
   [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 [subdivision one of this
 section] PARAGRAPH (A) OF THIS SUBDIVISION.
   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,  subdivision  3
 and  paragraph (b) of subdivision 4 as amended by section 5 of subpart A
 of part VV of chapter 56 of the laws  of  2023,  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. 4461                            10
 
   (A) GRANTS THE APPLICATION AND RELEASES THE PRINCIPAL ON  THE  PRINCI-
 PAL'S OWN RECOGNIZANCE; OR
   (B) GRANTS THE APPLICATION AND FIXES BAIL; OR
   (C)  DENIES  THE  APPLICATION AND COMMITS THE PRINCIPAL TO, OR RETAINS
 THE PRINCIPAL 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 as provided for in subdivision three-a of  section
 500.10  of this title 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. The procedure and method of such
 S. 4461                            11

 electronic  monitoring  shall reflect the findings of the individualized
 determination warranting such imposition  of  electronic  monitoring  to
 reasonably assure the principal's return to court, and shall be unobtru-
 sive 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
 S. 4461                            12

 a scheduled court appearance, shall provide at least  forty-eight  hours
 notice to the principal or the principal's counsel that the principal is
 required  to  appear,  in  order to give the principal an opportunity to
 appear voluntarily.]
   § 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
 S. 4461                            13
 
 by  a  court  of competent jurisdiction in another state, territorial or
 tribal jurisdiction, and if, after hearing, the court  is  satisfied  by
 competent proof that the defendant has willfully failed to obey any such
 order, the court may:
   (a)  revoke  an  order  of recognizance [or release under non-monetary
 conditions] or revoke an order of bail or order forfeiture of such  bail
 and commit the defendant to custody; or
   (b)  restore  the case to the calendar when there has been an adjourn-
 ment in contemplation of dismissal and commit the defendant to  custody;
 or
   (c)  revoke  a conditional discharge in accordance with section 410.70
 of this chapter and impose probation supervision or impose a sentence of
 imprisonment in accordance with the penal  law  based  on  the  original
 conviction; or
   (d) revoke probation in accordance with section 410.70 of this chapter
 and  impose  a sentence of imprisonment in accordance with the penal law
 based on the original conviction. In addition, if the act which  consti-
 tutes  the  violation  of  the order of protection or temporary order of
 protection is a crime or a violation the defendant may be  charged  with
 and tried for that crime or violation.
   §  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;
 S. 4461                            14
 
   (B)  NO  LOCAL  CRIMINAL  COURT  MAY  ORDER  RECOGNIZANCE OR BAIL WITH
 RESPECT TO A DEFENDANT CHARGED WITH A FELONY UNLESS AND UNTIL:
   (I) THE DISTRICT ATTORNEY HAS BEEN HEARD IN THE MATTER OR, AFTER KNOW-
 LEDGE  OR  NOTICE  OF  THE  APPLICATION AND REASONABLE OPPORTUNITY TO BE
 HEARD, HAS FAILED TO APPEAR AT THE PROCEEDING OR  HAS  OTHERWISE  WAIVED
 THE 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, the closing paragraph of  subdivision  1
 as  amended  by  section  7 of subpart A of part VV of chapter 56 of the
 laws of 2023, 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 recognizance [or under
 non-monetary conditions,] or [where authorized,] fix bail  in  a  lesser
 amount  or  in a less burdensome form[, or order non-monetary conditions
 in conjunction with fixing bail,  including  fixing  bail  in  a  lesser
 amount  or  in a less burdensome form, the determination for which shall
 be made in accordance with section 510.10 of this title. The court shall
 explain the basis for its determination and choice of securing order  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.
 S. 4461                            15
 
   § 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.
   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  9 of subpart A of part VV of chapter 56 of the
 laws of 2023, 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 securing order and the court revokes  such  order
 and  then[,  where  authorized,]  EITHER  fixes no bail, fixes bail in a
 greater amount or in a more burdensome form than was  previously  fixed,
 or, in conjunction with the imposition of non-monetary conditions, fixes
 bail in a greater amount or in a more burdensome form than was previous-
 ly 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  eigh-
 teen 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[, which may be in conjunction with the imposition
 of non-monetary conditions, fix bail] in a lesser amount or  in  a  less
 burdensome  form[,  which  may  be in conjunction with the imposition of
 S. 4461                            16

 non-monetary conditions, 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 by section
 10 of part UU of chapter 56 of the laws of 2020, and subdivisions 2  and
 3  as amended by section 10 of subpart A of part VV of chapter 56 of the
 laws of 2023, 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, fixing bail, or ordering non-mon-
 etary conditions in conjunction with fixing bail, a judge identified  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  ordering  non-monetary
 conditions  in  conjunction with fixing bail, or remanding 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,]
 fixing bail, or ordering non-monetary  conditions  in  conjunction  with
 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  ordering  non-monetary  conditions  in
 conjunction with 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,  the  opening
 paragraph of paragraph (b), the closing paragraph of subparagraph (i) of
 paragraph  (d),  subparagraph  (ii) of paragraph (d) of subdivision 2 as
 amended and subparagraph (iii) of paragraph  (d)  of  subdivision  2  as
 added by section 11 of subpart A of part VV of chapter 56 of the laws of
 2023, is amended to read as follows:
 § 530.60 [Certain  modifications  of a securing order] ORDER OF RECOGNI-
            ZANCE OR BAIL; REVOCATION THEREOF.
 S. 4461                            17
 
   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.
   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  a securing order issued pursuant to this article it shall be
 grounds for revoking such order and imposing a  new  securing  order  in
 accordance  with  paragraph (d) of this subdivision, the basis for which
 shall be made on the record or in writing, in such  criminal  action  or
 proceeding  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]  THE DEFENDANT'S 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 chapter. A transcript of testimony taken before the grand
 S. 4461                            18
 
 jury  upon presentation 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 hearing.
   [(d)]  (C) 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)]  For  a period not to exceed ninety days exclusive of any periods
 of adjournment requested by the defendant; or
   [(B)] (II) Until the charges contained within the  accusatory  instru-
 ment  have  been  reduced  or dismissed such that no count remains which
 charges the defendant with commission of a felony; or
   [(C)] (III) Until reduction or  dismissal  of  the  charges  contained
 within  the  accusatory  instrument charging the subsequent offense such
 that no count remains which charges the defendant with commission  of  a
 class A or violent felony offense.
   Upon  expiration  of  any  of  the three periods specified within this
 [subparagraph] PARAGRAPH, whichever is shortest, the court may grant  or
 deny  release  upon  an order of bail or recognizance in accordance with
 the provisions of this  article.  Upon  conviction  to  an  offense  the
 provisions  of  THIS article [five hundred thirty of this chapter] shall
 apply;
   [(ii) Under subparagraph (i) of paragraph  (b)  of  this  subdivision,
 revocation  of  a  previously  issued securing order 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,  or  ordering  non-monetary  conditions in
 conjunction with fixing bail, provided, however, that in accordance with
 the principles in this title the court must impose a new securing  order
 in  accordance with subdivision one of section 510.10 of this title, and
 in imposing such order, may consider the circumstances  warranting  such
 revocation.  Nothing in this subparagraph shall be interpreted as short-
 ening 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; and
   (iii) Under subparagraphs (ii), (iii), and (iv) of  paragraph  (b)  of
 this subdivision, revocation of a previously issued securing order 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 defend-
 ant  eligible  for  an order fixing bail or ordering non-monetary condi-
 tions in conjunction with fixing  bail.  In  issuing  the  new  securing
 order,  the  court  shall  consider  the  kind  and degree of control or
 restriction necessary to reasonably assure  the  principal's  return  to
 court  and compliance with court conditions, and select a securing order
 consistent with its  determination,  taking  into  account  the  factors
 required  to  be  considered  under subdivision one of section 510.10 of
 this title, the circumstances warranting such revocation, and the nature
 and extent of the  principal's  noncompliance  with  previously  ordered
 non-monetary  conditions  of  the  securing  order subject to revocation
 S. 4461                            19

 under this subdivision. Nothing in this subparagraph shall be interpret-
 ed 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.]
   § 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] SUCH OFFICER to take the  defendant
 into  custody  and bring the defendant before the court without unneces-
 sary 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]  THE  DEFEND-
 ANT'S  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] SUCH HEALTH CARE
 PROFESSIONAL'S lawful scope of practice. The  [relevant]  provisions  of
 SUBDIVISION  ONE OF section 530.60 of this chapter relating to [issuance
 of securing orders] REVOCATION OF RECOGNIZANCE OR BAIL  shall  apply  to
 such proceedings under this subdivision.
   §  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],  [he]
 THE  WITNESS  may  not  be  so  released except upon [his] THE WITNESS'S
 signed written consent thereto;
 S. 4461                            20
 
   (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.
         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 INFOR-
 MATION 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 THE PUBLIC SERVANT'S DIRECTION
 OR IN COOPERATION WITH THE PUBLIC SERVANT;
 S. 4461                            21

   (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;
   (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.
 S. 4461                            22

   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
 TO  DISCLOSE ANY INFORMATION WHICH IS REASONABLY BELIEVED NOT DISCOVERA-
 BLE BY A DEMAND TO PRODUCE, PURSUANT TO SECTION 240.20 OR 240.30 OF THIS
 ARTICLE AS THE CASE MAY BE, OR FOR WHICH SUCH PERSON 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 IS REASONABLY BELIEVED 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 SUCH PERSON
 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-
 S. 4461                            23
 
 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 THE  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
 THE  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
 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 IS INTENDED TO BE INTRODUCED AT THE TRIAL.
   2.  UPON MOTION   OF  THE  PROSECUTOR,  AND  SUBJECT TO CONSTITUTIONAL
 LIMITATION, THE  COURT IN WHICH AN INDICTMENT, SUPERIOR  COURT  INFORMA-
 TION,  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  THE  DEFENDANT'S  BODY  IN  A MANNER NOT INVOLVING AN UNREASONABLE
 INTRUSION THEREOF OR A RISK OF SERIOUS PHYSICAL INJURY THERETO;
   (VI) PROVIDE SPECIMENS OF THE DEFENDANT'S HANDWRITING;
   (VII) SUBMIT TO A REASONABLE PHYSICAL OR  MEDICAL  INSPECTION  OF  THE
 DEFENDANT'S 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-
 S. 4461                            24
 
 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
 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
 S. 4461                            25
 
 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, ADDI-
 TIONAL  MATERIAL SUBJECT  TO DISCOVERY OR COVERED  BY  SUCH  ORDER,  THE
 PARTY  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
 S. 4461                            26
 
 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 THE DEFENDANT'S  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.
   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]
 THE  DEFENDANT  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]
 THE  defense  and,  if the request was untimely, a finding of good cause
 for the delay. Where a  prosecutor  has  not  timely  served  a  written
 S. 4461                            27
 
 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
 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,
 S. 4461                            28
 
 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,
 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] SUCH ATTORNEY, 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
 S. 4461                            29
 
 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] THE DEFENDANT undue prejudice, the court shall
 not preclude the district attorney from introducing  into  evidence  the
 property,  photographs, photocopies, or other reproductions of the prop-
 erty or, where appropriate, testimony concerning its  value  and  condi-
 tion, where such evidence is otherwise properly authenticated and admis-
 sible  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.
   §  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
 S. 4461                            30
 
 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.