STATE OF NEW YORK ________________________________________________________________________ 3973 2019-2020 Regular Sessions IN ASSEMBLY January 31, 2019 ___________ Introduced by M. of A. AUBRY -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to time limits for a speedy trial The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "Kalief's law". 2 § 2. Section 30.30 of the criminal procedure law, as added by chapter 3 184 of the laws of 1972, paragraph (a) of subdivision 3 as amended by 4 chapter 93 of the laws of 2006, paragraph (a) of subdivision 4 as 5 amended by chapter 558 of the laws of 1982, paragraph (c) of subdivision 6 4 as amended by chapter 631 of the laws of 1996, paragraph (h) of subdi- 7 vision 4 as added by chapter 837 of the laws of 1986, paragraph (i) of 8 subdivision 4 as added by chapter 446 of the laws of 1993, paragraph (j) 9 of subdivision 4 as added by chapter 222 of the laws of 1994, paragraph 10 (b) of subdivision 5 as amended by chapter 109 of the laws of 1982, 11 paragraphs (e) and (f) of subdivision 5 as added by chapter 209 of the 12 laws of 1990, is amended to read as follows: 13 § 30.30 Speedy trial; time limitations. 14 1. Except as otherwise provided in subdivision [~~three~~] four, a motion 15 made pursuant to paragraph (e) of subdivision one of section 170.30 or 16 paragraph (g) of subdivision one of section 210.20 must be granted where 17 the people are not ready for trial within: 18 (a) six months of the commencement of a criminal action wherein a 19 defendant is accused of one or more offenses, at least one of which is a 20 felony; 21 (b) ninety days of the commencement of a criminal action wherein a 22 defendant is accused of one or more offenses, at least one of which is a 23 misdemeanor punishable by a sentence of imprisonment of more than three 24 months and none of which is a felony; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06385-01-9

A. 3973 2 1 (c) sixty days of the commencement of a criminal action wherein the 2 defendant is accused of one or more offenses, at least one of which is a 3 misdemeanor punishable by a sentence of imprisonment of not more than 4 three months and none of which is a crime punishable by a sentence of 5 imprisonment of more than three months; 6 (d) thirty days of the commencement of a criminal action wherein the 7 defendant is accused of one or more offenses, at least one of which is a 8 violation and none of which is a crime. 9 2. Except as provided in subdivision [~~three~~] four, where a defendant 10 has been committed to the custody of the sheriff in a criminal action he 11 or she must be released on bail or on his or her own recognizance, upon 12 such conditions as may be just and reasonable, if the people are not 13 ready for trial in that criminal action within: 14 (a) ninety days from the commencement of his or her commitment to the 15 custody of the sheriff in a criminal action wherein the defendant is 16 accused of one or more offenses, at least one of which is a felony; 17 (b) thirty days from the commencement of his or her commitment to the 18 custody of the sheriff in a criminal action wherein the defendant is 19 accused of one or more offenses, at least one of which is a misdemeanor 20 punishable by a sentence of imprisonment of more than three months and 21 none of which is a felony; 22 (c) fifteen days from the commencement of his or her commitment to the 23 custody of the sheriff in a criminal action wherein the defendant is 24 accused of one or more offenses, at least one of which is a misdemeanor 25 punishable by a sentence of imprisonment of not more than three months 26 and none of which is a crime punishable by a sentence of imprisonment of 27 more than three months; 28 (d) five days from the commencement of his or her commitment to the 29 custody of the sheriff in a criminal action wherein the defendant is 30 accused of one or more offenses, at least one of which is a violation 31 and none of which is a crime. 32 3. Whenever pursuant to this section a prosecutor states or otherwise 33 provides notice that the people are ready for trial, the court may make 34 inquiry on the record as to their actual readiness. If, after conducting 35 its inquiry, the court determines that the people are not ready to 36 proceed to trial, the prosecutor's statement or notice of readiness 37 shall not be valid for purposes of this section. Following a demand to 38 produce by a defendant pursuant to section 240.20, any statement of 39 trial readiness must be accompanied or preceded by a certification of 40 good faith compliance with the disclosure requirements of section 41 240.20. This subdivision shall not apply to cases where the defense has 42 waived disclosure requirements. The defense shall be afforded an oppor- 43 tunity to be heard on the record concerning any such inquiry by the 44 court, and concerning whether such disclosure requirements have been 45 met. 46 3-a. Upon a misdemeanor complaint, a statement of readiness shall not 47 be valid unless the prosecuting attorney certifies that all counts 48 charged in the accusatory instrument meet the requirements of sections 49 100.15 and 100.40 and those counts not meeting the requirements of 50 sections 100.15 and 100.40 have been dismissed. 51 4. (a) Subdivisions one and two do not apply to a criminal action 52 wherein the defendant is accused of an offense defined in sections 53 125.10, 125.15, 125.20, 125.25, 125.26 and 125.27 of the penal law. 54 (b) A motion made pursuant to subdivisions one or two upon expiration 55 of the specified period may be denied where the people are not ready for 56 trial if the people were ready for trial prior to the expiration of the

A. 3973 3 1 specified period and their present unreadiness is due to some excep- 2 tional fact or circumstance, including, but not limited to, the sudden 3 unavailability of evidence material to the people's case, when the 4 district attorney has exercised due diligence to obtain such evidence 5 and there are reasonable grounds to believe that such evidence will 6 become available in a reasonable period. 7 (c) A motion made pursuant to subdivision two shall not: 8 (i) apply to any defendant who is serving a term of imprisonment for 9 another offense; 10 (ii) require the release from custody of any defendant who is also 11 being held in custody pending trial of another criminal charge as to 12 which the applicable period has not yet elapsed; 13 (iii) prevent the redetention of or otherwise apply to any defendant 14 who, after being released from custody pursuant to this section or 15 otherwise, is charged with another crime or violates the conditions on 16 which he or she has been released, by failing to appear at a judicial 17 proceeding at which his or her presence is required or otherwise. 18 [4.] 5. In computing the time within which the people must be ready 19 for trial pursuant to subdivisions one and two, the following periods 20 must be excluded: 21 (a) a reasonable period of delay resulting from other proceedings 22 concerning the defendant, including but not limited to: proceedings for 23 the determination of competency and the period during which defendant is 24 incompetent to stand trial; demand to produce; request for a bill of 25 particulars; pre-trial motions; appeals; trial of other charges; and the 26 period during which such matters are under consideration by the court; 27 or 28 (b) the period of delay resulting from a continuance granted by the 29 court at the request of, or with the consent of, the defendant or his or 30 her counsel. The court [~~must~~] may grant such a continuance only if it is 31 satisfied that postponement is in the interest of justice, taking into 32 account the public interest in the prompt dispositions of criminal 33 charges. A defendant without counsel must not be deemed to have 34 consented to a continuance unless he or she has been advised by the 35 court of his or her rights under these rules and the effect of his 36 consent, which must be done on the record in open court; or 37 (c) (i) the period of delay resulting from the absence or unavailabil- 38 ity of the defendant. A defendant must be considered absent whenever his 39 or her location is unknown and he or she is attempting to avoid appre- 40 hension or prosecution, or his or her location cannot be determined by 41 due diligence. A defendant must be considered unavailable whenever his 42 or her location is known but his or her presence for trial cannot be 43 obtained by due diligence; or 44 (ii) where the defendant has either escaped from custody or has failed 45 to appear when required after having previously been released on bail or 46 on his or her own recognizance, and provided the defendant is not in 47 custody on another matter, the period extending from the day the court 48 issues a bench warrant pursuant to section 530.70 because of the defend- 49 ant's failure to appear in court when required, to the day the defendant 50 subsequently appears in the court pursuant to a bench warrant or volun- 51 tarily or otherwise; or 52 (d) a reasonable period of delay when the defendant is joined for 53 trial with a co-defendant as to whom the time for trial pursuant to this 54 section has not run and good cause is not shown for granting a sever- 55 ance; or

A. 3973 4 1 (e) the period of delay resulting from detention of the defendant in 2 another jurisdiction provided the district attorney is aware of such 3 detention and has been diligent and has made reasonable efforts to 4 obtain the presence of the defendant for trial; or 5 (f) the period during which the defendant is without counsel through 6 no fault of the court; except when the defendant is proceeding as his or 7 her own attorney with the permission of the court; or 8 (g) other periods of delay occasioned by exceptional circumstances, 9 including but not limited to, the period of delay resulting from a 10 continuance granted at the request of a district attorney if (i) the 11 continuance is granted because of the unavailability of evidence materi- 12 al to the people's case, when the district attorney has exercised due 13 diligence to obtain such evidence and there are reasonable grounds to 14 believe that such evidence will become available in a reasonable period; 15 or (ii) the continuance is granted to allow the district attorney addi- 16 tional time to prepare the people's case and additional time is justi- 17 fied by the exceptional circumstances of the case. Any such exclusion 18 when a statement of unreadiness has followed a statement of readiness 19 made by the people must be accompanied by supporting facts and approved 20 by the court. The court shall inquire on the record as to the reasons 21 for the people's unreadiness; or 22 (h) the period during which an action has been adjourned in contem- 23 plation of dismissal pursuant to sections 170.55, 170.56 and 215.10 of 24 this chapter[.]; or 25 (i) [~~The~~] the period prior to the defendant's actual appearance for 26 arraignment in a situation in which the defendant has been directed to 27 appear by the district attorney pursuant to subdivision three of section 28 120.20 or subdivision three of section 210.10[.]; or 29 (j) the period during which a family offense is before a family court 30 until such time as an accusatory instrument or indictment is filed 31 against the defendant alleging a crime constituting a family offense, as 32 such term is defined in section 530.11 of this chapter. 33 6. At each court appearance date preceding the commencement of trial 34 in a criminal action, the court, whenever it is practicable to do so, 35 shall rule preliminarily on whether the adjournment period immediately 36 following such court appearance date is to be included or excluded for 37 the purposes of computing the time within which the people must be ready 38 for trial within the meaning of this section. The court's ruling shall 39 be noted in the court file. 40 7. In computing the time within which the people must be ready for 41 trial, pursuant to subdivision two or paragraphs (b), (c), or (d) of 42 subdivision one of this section, no time attributable to court 43 congestion shall be excluded. 44 [5.] 8. For purposes of this section, (a) where the defendant is to be 45 tried following the withdrawal of the plea of guilty or is to be retried 46 following a mistrial, an order for a new trial or an appeal or collat- 47 eral attack, the criminal action and the commitment to the custody of 48 the sheriff, if any, must be deemed to have commenced on the date the 49 withdrawal of the plea of guilty or the date the order occasioning a 50 retrial becomes final; 51 (b) where a defendant has been served with an appearance ticket, the 52 criminal action must be deemed to have commenced on the date the defend- 53 ant first appears in a local criminal court in response to the ticket; 54 (c) where a criminal action is commenced by the filing of a felony 55 complaint, and thereafter, in the course of the same criminal action 56 either the felony complaint is replaced with or converted to an informa-

A. 3973 5 1 tion, prosecutor's information or misdemeanor complaint pursuant to 2 article [~~180~~] one hundred eighty or a prosecutor's information is filed 3 pursuant to section 190.70, the period applicable for the purposes of 4 subdivision one must be the period applicable to the charges in the new 5 accusatory instrument, calculated from the date of the filing of such 6 new accusatory instrument; provided, however, that when the aggregate of 7 such period and the period of time, excluding the periods provided in 8 subdivision [~~four~~] five, already elapsed from the date of the filing of 9 the felony complaint to the date of the filing of the new accusatory 10 instrument exceeds six months, the period applicable to the charges in 11 the felony complaint must remain applicable and continue as if the new 12 accusatory instrument had not been filed; 13 (d) where a criminal action is commenced by the filing of a felony 14 complaint, and thereafter, in the course of the same criminal action 15 either the felony complaint is replaced with or converted to an informa- 16 tion, prosecutor's information or misdemeanor complaint pursuant to 17 article [~~180~~] one hundred eighty or a prosecutor's information is filed 18 pursuant to section 190.70, the period applicable for the purposes of 19 subdivision two must be the period applicable to the charges in the new 20 accusatory instrument, calculated from the date of the filing of such 21 new accusatory instrument; provided, however, that when the aggregate of 22 such period and the period of time, excluding the periods provided in 23 subdivision [~~four~~] five, already elapsed from the date of the filing of 24 the felony complaint to the date of the filing of the new accusatory 25 instrument exceeds ninety days, the period applicable to the charges in 26 the felony complaint must remain applicable and continue as if the new 27 accusatory instrument had not been filed. 28 (e) where a count of an indictment is reduced to charge only a misde- 29 meanor or petty offense and a reduced indictment or a prosecutor's 30 information is filed pursuant to subdivisions one-a and six of section 31 210.20, the period applicable for the purposes of subdivision one of 32 this section must be the period applicable to the charges in the new 33 accusatory instrument, calculated from the date of the filing of such 34 new accusatory instrument; provided, however, that when the aggregate of 35 such period and the period of time, excluding the periods provided in 36 subdivision [~~four~~] five of this section, already elapsed from the date 37 of the filing of the indictment to the date of the filing of the new 38 accusatory instrument exceeds six months, the period applicable to the 39 charges in the indictment must remain applicable and continue as if the 40 new accusatory instrument had not been filed; 41 (f) where a count of an indictment is reduced to charge only a misde- 42 meanor or petty offense and a reduced indictment or a prosecutor's 43 information is filed pursuant to subdivisions one-a and six of section 44 210.20, the period applicable for the purposes of subdivision two of 45 this section must be the period applicable to the charges in the new 46 accusatory instrument, calculated from the date of the filing of such 47 new accusatory instrument; provided, however, that when the aggregate of 48 such period and the period of time, excluding the periods provided in 49 subdivision [~~four~~] five of this section, already elapsed from the date 50 of the filing of the indictment to the date of the filing of the new 51 accusatory instrument exceeds ninety days, the period applicable to the 52 charges in the indictment must remain applicable and continue as if the 53 new accusatory instrument had not been filed. 54 [6.] 9. The procedural rules prescribed in subdivisions one through 55 seven of section 210.45 with respect to a motion to dismiss an indict- 56 ment are also applicable to a motion made pursuant to subdivision two.

A. 3973 6 1 § 3. Subdivision 6 of section 180.85 of the criminal procedure law, as 2 added by chapter 518 of the laws of 2004, is amended to read as follows: 3 6. The period from the filing of a motion pursuant to this section 4 until entry of an order disposing of such motion shall not, by reason of 5 such motion, be considered a period of delay for purposes of subdivision 6 [~~four~~] five of section 30.30, nor shall such period, by reason of such 7 motion, be excluded in computing the time within which the people must 8 be ready for trial pursuant to such section 30.30. 9 § 4. This act shall take effect on the sixtieth day after it shall 10 have become a law.

Relates to time limits for a speedy trial

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