S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6340
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2017
                                ___________
 
 Introduced  by  M.  of  A. ENGLEBRIGHT, HOOPER, COLTON, GUNTHER, MOYA --
   Multi-Sponsored by -- M. of A. CYMBROWITZ, GALEF, PERRY --  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  OR  SHE 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 eigh-
 teen 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.
   § 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-

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

                                                            LBD03517-01-7

 A. 6340                             2
 
 ing conviction of an offense other than a class A felony or  a  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, 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.
   § 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:
 § 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.
   § 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 OR HER  coun-
 sel.
   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

 A. 6340                             3
 
 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
 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.
   § 5. This act shall take effect immediately.