BILL NUMBER: S4461
SPONSOR: TEDISCO
 
TITLE OF BILL:
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 criminal
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
 
PURPOSE:
To repeal the Criminal Justice Reforms enacted in Chapters 55 and 59 of
the Laws of 2019 and subsequent amendments.
 
SUMMARY OF PROVISIONS:
§ 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REPEALED.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, is
amended to reflect original language prior to the bail & discovery
reforms enacted in the 2019-2020 New York State Budget.
§ 3. The criminal procedure law is amended by adding a new section
150.30 to address appearance tickets; issuance and service thereof after
arrest upon posting of pre-arraignment bail.
§ 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 address appearance ticket timetables.
§ 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 Section 150.80 of the criminal procedure law is REPEALED.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 criminal
procedure law are REPEALED.
§ 7. Subdivisions 5, 6, 7 and 9 of section 500.10 of the criminal proce-
dure law, as amended by section 1-e of part JJJ of chapter 59 of the
laws of 2019, are amended and related to definition of terms.
§ 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 and subdivision 4 as
amended by section 2 of part UU of chapter 56 of the laws of 2020, is
amended and related to securing orders and classification of crimes.
§ 9. Section 510.20 of the criminal procedure law, as amended by section
3 of part JJJ of chapter 59 of the laws of 2019, is amended to closer
reflect original language prior to the bail & discovery reforms enacted
in the 2019-2020 New York State Budget.
§ 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, is amended to
closer reflect original language prior to the bail & discovery reforms
enacted in the 2019-2020 New York State Budget.
§ 11. Section 510.40 of the criminal procedure law, as amended by
section 6 of part JJJ of chapter 59 of the laws of 2019 and paragraph(c)
of subdivision 4 as amended by section '7 of part UU of chapter 56 of
the laws of 2020, is amended to closer reflect original language prior
to the bail & discovery reforms enacted in the 2019-2020 New York State
Budget.
§ 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 and
related to the enforcement of a securing order.
§ 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
and, related to orders of recognizance.
§ 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 closer reflect original language prior to the bail & discov-
ery reforms enacted in the 20192020 New York State Budget.
§ 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 2019is
amended to closer reflect original language prior to the bail & discov-
ery reforms enacted in the 2019-2020 New York State Budget.
§ 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:
§ 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 closer reflect original language prior to the
bail & discovery reforms enacted in the 2019-2020 New York State Budget.
§ 21-23. The section heading and subdivisions 1 and 2 of section 530.30,
530.40 and 530.45 of the criminal procedure law, are amended by section
17 of part JJJ of chapter 59 of the laws of 2019, are amended to closer
reflect original language prior to the bail & discovery reforms enacted
in the 2019-2020 New York State Budget.
§ 24. Subdivision 2-a of section 530.45 of the criminal procedure law is
REPEALED.
§ 25-28. Amend the criminal procedure law to closer reflect original
language prior to the bail & discovery reforms enacted in the 2019-2020
New York State Budget.
§ 29. Subdivision 3 of section 620.50 of the criminal procedure law, as
amended by section 24 of part JJJ of chapter 59 of the laws of 2019, is
amended to read as follows:
3. A material witness order must be executed as follows:
(a) If the bail is posted and approved by the court, the witness must,
as provided in subdivision (two) three of section 510.40 of this part,
be released and be permitted to remain at liberty; provided that, where
the bail is posted by a person other than the witness himself or
herself, he or she may not be so released except upon his or her signed
written consent thereto;
(b) If the bail is not posted, or if though posted it is not approved by
the court, the witness must, as provided in subdivision (two) three of
section 510.40 of this part, be committed to the custody of the sheriff.
§ 30. Article 245 of the criminal procedure law is REPEALED.
§ 31-39. The criminal procedure law is amended by adding a new article
240 all related to discovery
§ 40. Subdivision 4 of section 610.20 of the criminal procedure law is
REPEALED.
§ 41-43 are amended to closer reflect original language prior to the
bail & discovery reforms enacted in the 2019-2020 New York State Budget.
§ 44. Subdivision 5 of section 216 of the judiciary law is REPEALED.
§ 45. Section 837-u of the executive law is REPEALED.
 
JUSTIFICATION:
This legislation is necessary to ensure public safety in New York State
by repealing the criminal justice reforms enacted in the 2019 - 20 State
Budget.
 
LEGISLATIVE HISTORY:
11/13/19: S.6849 REFERRED TO RULES
01/08/20: S.6849 REFERRED TO CODES
01/12/21: S.1523 REFERRED TO CODES
05/21/21: S.1523 AMEND (T) AND RECOMMIT TO CODES
05/21/21: S.1523 PRINT NUMBER 1523A
01/05/22: S.1523A REFERRED TO CODES
02/21/23: S.5017 REFERRED TO CODES
01/03/24: S.5017 REFERRED TO CODES
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however that the
amendments to subdivision 9 of section 65.20 of the criminal procedure
law made by section thirty-two of this act shall not affect the repeal
of such section and shall be deemed repealed therewith.

Statutes affected:
S4461: 150.10 criminal procedure law, 150.10(3) criminal procedure law, 150.40 criminal procedure law, 150.40(1) criminal procedure law, 150.80 criminal procedure law, 510.50 criminal procedure law, 520.10 criminal procedure law, 520.10(2) criminal procedure law, 530.10 criminal procedure law, 530.11 criminal procedure law, 530.11(4) criminal procedure law, 530.12 criminal procedure law, 530.12(11) criminal procedure law, 530.13 criminal procedure law, 530.13(1) criminal procedure law, 530.13(8) criminal procedure law, 530.20 criminal procedure law, 530.40 criminal procedure law, 530.45 criminal procedure law, 530.45(1) criminal procedure law, 530.45(2-a) criminal procedure law, 216.05 criminal procedure law, 216.05(9) criminal procedure law, 410.60 criminal procedure law, 620.50 criminal procedure law, 620.50(3) criminal procedure law, 65.20 criminal procedure law, 65.20(9) criminal procedure law, 200.95 criminal procedure law, 200.95(5) criminal procedure law, 255.10 criminal procedure law, 255.10(1) criminal procedure law, 255.20 criminal procedure law, 255.20(1) criminal procedure law, 340.30 criminal procedure law, 400.27 criminal procedure law, 400.27(14) criminal procedure law, 440.30 criminal procedure law, 440.30(1) criminal procedure law, 610.20 criminal procedure law, 610.20(3) criminal procedure law, 610.20(4) criminal procedure law, 450.10 penal law, 450.10(10) penal law, 460.80 penal law, 480.10 penal law, 480.10(5) penal law, 216 judiciary law, 216(5) judiciary law, 837-u executive law