S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   541

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. PRETLOW, GALEF -- Multi-Sponsored by -- M. of A.
  ENGLEBRIGHT, WRIGHT -- read once and  referred  to  the  Committee  on
  Codes

AN ACT to amend the criminal procedure law, in relation to extending the
  time period for which a person may be held in custody for drug related
  violations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 170.70 of the criminal procedure law is amended  to
read as follows:
S  170.70  Release  of  defendant  upon  failure  to replace misdemeanor
          complaint by information.
  Upon application of a defendant against whom a  misdemeanor  complaint
is pending in a local criminal court, and who, either at the time of his
arraignment  thereon  or  subsequent  thereto, has been committed to the
custody of the sheriff pending disposition of the action,  and  who  has
been  confined  in such custody for a period of more than five days, not
including Sunday, without any information having been filed in  replace-
ment  of such misdemeanor complaint, the criminal court must release the
defendant on his own recognizance unless:
  1. THE COMPLAINT CHARGES A VIOLATION OF ARTICLE TWO HUNDRED TWENTY  OR
TWO  HUNDRED  TWENTY-ONE  OF THE PENAL LAW, IN SUCH CASE, NO APPLICATION
MAY BE MADE UNLESS SUCH DEFENDANT HAS BEEN CONFINED AND  IS  IN  CUSTODY
FOR A PERIOD OF MORE THAN TEN DAYS, NOT INCLUDING SUNDAY; OR
  2.  The  defendant has waived prosecution by information and consented
to be prosecuted upon the misdemeanor complaint, pursuant to subdivision
three of section 170.65; or
  [2.] 3.  The court is satisfied that there  is  good  cause  why  such
order  of release should not be issued.  Such good cause must consist of
some compelling fact or circumstance which precluded replacement of  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01302-01-3

A. 541                              2

misdemeanor  complaint  by  an information or a prosecutor's information
within the prescribed period.
  S 2. Section 180.80 of the criminal procedure law, as amended by chap-
ter  556 of the laws of 1982 and subdivision 2 as amended by chapter 557
of the laws of 1982, is amended to read as follows:
S 180.80 Proceedings upon felony complaint; release  of  defendant  from
          custody upon failure of timely disposition.
  Upon  application  of  a defendant against whom a felony complaint has
been filed with a local criminal court, and who, since the time  of  his
arrest  or subsequent thereto, has been held in custody pending disposi-
tion of such felony complaint, and who has been confined in such custody
for a period of more than one hundred twenty hours or, in the event that
a Saturday, Sunday or legal holiday  occurs  during  such  custody,  one
hundred  forty-four  hours,  without  either a disposition of the felony
complaint or commencement of a hearing thereon, the local criminal court
must release him on his own recognizance unless:
  1. THE FELONY COMPLAINT CHARGES A VIOLATION  OF  ARTICLE  TWO  HUNDRED
TWENTY  OR  TWO  HUNDRED  TWENTY-ONE  OF THE PENAL LAW, IN SUCH CASE, NO
APPLICATION MAY BE MADE UNLESS SUCH DEFENDANT HAS BEEN CONFINED, AND  IS
IN CUSTODY, FOR A PERIOD OF MORE THAN TWO HUNDRED FORTY HOURS OR, IN THE
EVENT THAT A SATURDAY, SUNDAY OR LEGAL HOLIDAY OCCURS DURING SUCH CUSTO-
DY, TWO HUNDRED SIXTY-FOUR HOURS; OR
  2.  The  failure  to  dispose of the felony complaint or to commence a
hearing thereon during such period of confinement was due to the defend-
ant's request, action or condition, or occurred with his consent; or
  [2.] 3.  Prior to the application:
  (a) The district attorney files with the court a written certification
that an indictment has been voted; or
  (b) An indictment or a direction to file  a  prosecutor's  information
charging  an  offense based upon conduct alleged in the felony complaint
was filed by a grand jury; or
  [3.] 4.  The court is satisfied that the people have shown good  cause
why  such  order  of release should not be issued.  Such good cause must
consist of some compelling fact or circumstance which precluded disposi-
tion of the felony complaint within the prescribed  period  or  rendered
such action against the interest of justice.
  S  3.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.