S T A T E O F N E W Y O R K
________________________________________________________________________
3758
2011-2012 Regular Sessions
I N A S S E M B L Y
January 27, 2011
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Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to prohibiting
issuance of an order of recognizance or bail to certain persons upon
conviction of a sex offense and expediting the perfection of appeals
of convictions of sex offenses against persons under the age of 18
years
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 3 of section 530.40 of the criminal procedure
2 law, as amended by chapter 264 of the laws of 2003, is amended to read
3 as follows:
4 3. Notwithstanding the provisions of subdivision two, a superior court
5 may not order recognizance or bail, or permit a defendant to remain at
6 liberty pursuant to an existing order, after he has been convicted of
7 either: (a) a class A felony or (b) any class B [or], class C, CLASS D
8 OR CLASS E felony defined in article one hundred thirty of the penal law
9 committed or attempted to be committed by a person eighteen years of age
10 or older against a person less than eighteen years of age. In either
11 case the court must commit or remand the defendant to the custody of the
12 sheriff.
13 S 2. Subdivision 1 of section 530.45 of the criminal procedure law, as
14 amended by chapter 264 of the laws of 2003, is amended to read as
15 follows:
16 1. When the defendant is at liberty in the course of a criminal action
17 as a result of a prior order of recognizance or bail and the court
18 revokes such order and then either fixes no bail or fixes bail in a
19 greater amount or in a more burdensome form than was previously fixed
20 and remands or commits defendant to the custody of the sheriff, a judge
21 designated in subdivision two, upon application of the defendant follow-
22 ing conviction of an offense other than a class A felony or a class B
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05942-01-1
A. 3758 2
1 [or], class C, CLASS D OR CLASS E felony offense defined in article one
2 hundred thirty of the penal law committed or attempted to be committed
3 by a person eighteen years of age or older against a person less than
4 eighteen years of age, and before sentencing, may issue a securing order
5 and either release defendant on his own recognizance, or fix bail, or
6 fix bail in a lesser amount or in a less burdensome form than fixed by
7 the court in which the conviction was entered.
8 S 3. Section 530.50 of the criminal procedure law, as amended by chap-
9 ter 264 of the laws of 2003, is amended to read as follows:
10 S 530.50 Order of recognizance or bail; during pendency of appeal.
11 A judge who is otherwise authorized pursuant to section 460.50 or
12 section 460.60 to issue an order of recognizance or bail pending the
13 determination of an appeal, may do so unless the defendant received a
14 class A felony sentence or a sentence for any class B [or], class C,
15 CLASS D OR CLASS E felony offense defined in article one hundred thirty
16 of the penal law committed or attempted to be committed by a person
17 eighteen years of age or older against a person less than eighteen years
18 of age.
19 S 4. Subdivisions 1 and 3 of section 460.70 of the criminal procedure
20 law, subdivision 1 as amended by chapter 83 of the laws of 1995 and
21 subdivision 3 as amended by chapter 695 of the laws of 1977, are amended
22 to read as follows:
23 1. Except as provided in subdivision two, the mode of and time for
24 perfecting an appeal which has been taken to an intermediate appellate
25 court from a judgement, sentence or order of a criminal court are deter-
26 mined by rules of the appellate division of the department in which such
27 appellate court is located. Among the matters to be determined by such
28 court rules are the times when the appeal must be noticed for and
29 brought to argument, the content and form of the records and briefs to
30 be served and filed, and the time when such records and briefs must be
31 served and filed. SUCH RULES SHALL ALSO PROVIDE THAT AN APPEAL RELATING
32 TO ANY CONVICTION OF A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED
33 THIRTY OF THE PENAL LAW COMMITTED OR ATTEMPTED TO BE COMMITTED AGAINST A
34 PERSON UNDER EIGHTEEN YEARS OF AGE SHALL BE PERFECTED ON AN EXPEDITED
35 BASIS COMPLETED WITHIN SIXTY DAYS OF THE FILING OF THE NOTICE OF APPEAL
36 AND SHALL BE HEARD WITHIN ONE HUNDRED TWENTY DAYS OF THE FILING OF THE
37 NOTICE OF APPEAL.
38 When an appeal is taken by a defendant pursuant to section 450.10, a
39 transcript shall be prepared and settled and shall be filed with the
40 criminal court by the court reporter. The expense for such transcript
41 and any reproduced copies of such transcript shall be paid by the
42 defendant. Where the defendant is granted permission to proceed as a
43 poor person by the appellate court, the court reporter shall promptly
44 make and file with the criminal court a transcript of the stenographic
45 minutes of such proceedings as the appellate court shall direct. The
46 expense of transcripts and any reproduced copies of transcripts prepared
47 for poor persons under this section shall be a state charge payable out
48 of funds appropriated to the office of court administration for that
49 purpose. The appellate court shall where such is necessary for
50 perfection of the appeal, order that the criminal court furnish a
51 reproduced copy of such transcript to the defendant or his counsel.
52 3. The mode of and time for perfecting any appeal which has been taken
53 to the court of appeals are determined by the rules of the court of
54 appeals. Among the matters to be determined by such court rules are the
55 times when the appeal must be noticed for and brought to argument, the
56 content, form and number of the records and briefs and copies thereof to
A. 3758 3
1 be served and filed, and the times when such records and briefs must be
2 served and filed. SUCH RULES SHALL ALSO PROVIDE THAT AN APPEAL RELATING
3 TO ANY CONVICTION OF A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED
4 THIRTY OF THE PENAL LAW COMMITTED OR ATTEMPTED TO BE COMMITTED AGAINST A
5 PERSON UNDER EIGHTEEN YEARS OF AGE SHALL BE PERFECTED ON AN EXPEDITED
6 BASIS COMPLETED WITHIN SIXTY DAYS OF THE FILING OF THE NOTICE OF APPEAL
7 AND SHALL BE HEARD WITHIN ONE HUNDRED TWENTY DAYS OF THE FILING OF THE
8 NOTICE OF APPEAL.
9 When an appeal is taken by a defendant pursuant to section 450.70, the
10 defendant shall cause to be prepared and printed or otherwise duplicated
11 pursuant to rules of the court of appeals the record on appeal and the
12 required number of copies thereof. If the defendant is granted permis-
13 sion to appeal as a poor person, the expense thereof shall be a state
14 charge payable out of funds appropriated to the office of court adminis-
15 tration for that purpose.
16 S 5. This act shall take effect immediately.