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STATE OF NEW YORK
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3758

2011-2012 Regular Sessions

IN ASSEMBLY

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:

  Section  1.  Subdivision 3 of section 530.40 of the criminal procedure
law, as amended by chapter 264 of the laws of 2003, is amended  to  read
as follows:
  3. Notwithstanding the provisions of subdivision two, a superior court
may  not  order recognizance or bail, or permit a defendant to remain at
liberty pursuant to an existing order, after he has  been  convicted  of
either:  (a)  a class A felony or (b) any class B [or], class C, CLASS D
OR CLASS E felony 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.  In  either
case the court must commit or remand the defendant to the custody of the
sheriff.
  S 2. Subdivision 1 of section 530.45 of the criminal procedure law, as
amended  by  chapter  264  of  the  laws  of 2003, 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 order of  recognizance  or  bail  and  the  court
revokes  such  order  and  then  either fixes no bail or fixes bail in a
greater amount or in a more burdensome form than  was  previously  fixed
and  remands or commits defendant to the custody of the sheriff, a judge
designated in subdivision two, upon application of the defendant follow-
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

[or],  class C, CLASS D OR CLASS E 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, and before sentencing, may issue a securing order
and  either  release  defendant on his own recognizance, or fix bail, or
fix bail in a lesser amount or in a less burdensome form than  fixed  by
the court in which the conviction was entered.
  S 3. Section 530.50 of the criminal procedure law, as amended by chap-
ter 264 of the laws of 2003, is amended to read as follows:
S 530.50 Order of recognizance or bail; during pendency of appeal.
  A  judge  who  is  otherwise  authorized pursuant to section 460.50 or
section 460.60 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,
CLASS  D OR CLASS E 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.
  S  4. Subdivisions 1 and 3 of section 460.70 of the criminal procedure
law, subdivision 1 as amended by chapter 83 of  the  laws  of  1995  and
subdivision 3 as amended by chapter 695 of the laws of 1977, are amended
to read as follows:
  1.  Except  as  provided  in subdivision two, the mode of and time for
perfecting an appeal which has been taken to an  intermediate  appellate
court from a judgement, sentence or order of a criminal court are deter-
mined by rules of the appellate division of the department in which such
appellate  court  is located. Among the matters to be determined by such
court rules are the times when  the  appeal  must  be  noticed  for  and
brought  to  argument, the content and form of the records and briefs to
be served and filed, and the time when such records and briefs  must  be
served and filed.  SUCH RULES SHALL ALSO PROVIDE THAT AN APPEAL RELATING
TO  ANY  CONVICTION  OF  A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED
THIRTY OF THE PENAL LAW COMMITTED OR ATTEMPTED TO BE COMMITTED AGAINST A
PERSON UNDER EIGHTEEN YEARS OF AGE SHALL BE PERFECTED  ON  AN  EXPEDITED
BASIS  COMPLETED WITHIN SIXTY DAYS OF THE FILING OF THE NOTICE OF APPEAL
AND SHALL BE HEARD WITHIN ONE HUNDRED TWENTY DAYS OF THE FILING  OF  THE
NOTICE OF APPEAL.
  When  an  appeal is taken by a defendant pursuant to section 450.10, a
transcript shall be prepared and settled and shall  be  filed  with  the
criminal  court  by  the court reporter. The expense for such transcript
and any reproduced copies of  such  transcript  shall  be  paid  by  the
defendant.  Where  the  defendant  is granted permission to proceed as a
poor person by the appellate court, the court  reporter  shall  promptly
make  and  file with the criminal court a transcript of the stenographic
minutes of such proceedings as the appellate  court  shall  direct.  The
expense of transcripts and any reproduced copies of transcripts prepared
for  poor persons under this section shall be a state charge payable out
of funds appropriated to the office of  court  administration  for  that
purpose.   The  appellate  court  shall  where  such  is  necessary  for
perfection of the appeal,  order  that  the  criminal  court  furnish  a
reproduced copy of such transcript to the defendant or his counsel.
  3. The mode of and time for perfecting any appeal which has been taken
to  the  court  of  appeals  are determined by the rules of the court of
appeals. Among the matters to be determined by such court rules are  the
times  when  the appeal must be noticed for and brought to argument, the
content, form and number of the records and briefs and copies thereof to
A. 3758                             3

be served and filed, and the times when such records and briefs must  be
served  and filed. SUCH RULES SHALL ALSO PROVIDE THAT AN APPEAL RELATING
TO ANY CONVICTION OF A FELONY OFFENSE DEFINED  IN  ARTICLE  ONE  HUNDRED
THIRTY OF THE PENAL LAW COMMITTED OR ATTEMPTED TO BE COMMITTED AGAINST A
PERSON  UNDER  EIGHTEEN  YEARS OF AGE SHALL BE PERFECTED ON AN EXPEDITED
BASIS COMPLETED WITHIN SIXTY DAYS OF THE FILING OF THE NOTICE OF  APPEAL
AND  SHALL  BE HEARD WITHIN ONE HUNDRED TWENTY DAYS OF THE FILING OF THE
NOTICE OF APPEAL.
  When an appeal is taken by a defendant pursuant to section 450.70, the
defendant shall cause to be prepared and printed or otherwise duplicated
pursuant to rules of the court of appeals the record on appeal  and  the
required  number  of copies thereof. If the defendant is granted permis-
sion to appeal as a poor person, the expense thereof shall  be  a  state
charge payable out of funds appropriated to the office of court adminis-
tration for that purpose.
  S 5. This act shall take effect immediately.