STATE OF NEW YORK
________________________________________________________________________
S. 1505--A A. 2005--A
SENATE - ASSEMBLY
January 18, 2019
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the civil service law, in relation to the state's
contribution to the cost of health insurance premium for future reti-
rees of the state and their dependents (Part A); to amend the civil
service law, in relation to reimbursement for medicare premium charges
(Part B); to amend the civil service law, in relation to capping the
standard medicare premium charge (Part C); to amend the civil practice
law and rules and the state finance law, in relation to the rate of
interest to be paid on judgment and accrued claims (Part D); to amend
the civil service law, in relation to protection of the personal
privacy of public employees (Part E); to amend the civil service law,
in relation to the expiration of public arbitration panels (Part F);
to amend chapter 97 of the laws of 2011, amending the general munici-
pal law and the education law relating to establishing limits upon
school district and local government tax levies, in relation to making
the tax cap permanent (Part G); to amend chapter 123 of the laws of
2014, amending the vehicle and traffic law, the general municipal law,
and the public officers law relating to owner liability for failure of
operator to comply with traffic-control indications, in relation to
extending the provisions thereof; to amend chapter 101 of the laws of
2014, amending the vehicle and traffic law, the general municipal law,
and the public officers law relating to owner liability for failure of
operator to comply with traffic-control indications in the city of Mt.
Vernon, in relation to extending the effectiveness thereof; to amend
chapter 19 of the laws of 2009, amending the vehicle and traffic law
and other laws relating to adjudications and owner liability for a
violation of traffic-control signal indications, in relation to
extending the provisions of such chapter; to amend chapter 99 of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12570-03-9
S. 1505--A 2 A. 2005--A
laws of 2014, amending the vehicle and traffic law, the general munic-
ipal law, and the public officers law relating to owner liability for
failure of operator to comply with traffic-control indications in the
city of New Rochelle, in relation to extending the effectiveness ther-
eof; to amend chapter 746 of the laws of 1988, amending the vehicle
and traffic law, the general municipal law and the public officers law
relating to the civil liability of vehicle owners for traffic control
signal violations, in relation to extending the effectiveness thereof;
to amend local law number 46 of the city of New York for the year
1989, amending the administrative code of the city of New York relat-
ing to civil liability of vehicle owners for traffic control signal
violations, in relation to extending the effectiveness thereof; to
amend chapter 23 of the laws of 2009, amending the vehicle and traffic
law and the public officers law relating to adjudications and owner
liability for a violation of traffic-control signal indications, in
relation to extending the provisions of such chapter; to amend chapter
222 of the laws of 2015, amending the vehicle and traffic law, the
general municipal law, and the public officers law relating to owner
liability for failure of an operator to comply with traffic-control
indications in the city of White Plains, in relation to extending the
provisions of such chapter; and to amend chapter 20 of the laws of
2009, amending the vehicle and traffic law, the general municipal law,
and the public officers law, relating to owner liability for failure
of operator to comply with traffic control indications, in relation to
extending the provisions thereof (Part H); to amend the state finance
law, in relation to base level grants for per capita state aid for the
support of local government (Part I); to amend the real property tax
law, in relation to a class one reassessment exemption in a special
assessing unit that is not a city (Part J); to provide for the admin-
istration of certain funds and accounts related to the 2019-20 budget,
authorizing certain payments and transfers; to amend the state finance
law, in relation to the school tax relief fund; to amend the state
finance law, in relation to payments, transfers and deposits; to amend
the state finance law, in relation to reductions in enacted appropri-
ations; to amend chapter 174 of the laws of 1968, constituting the New
York state urban development corporation act, in relation to the issu-
ance of certain bonds or notes; to amend part D of chapter 389 of the
laws of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, in relation
to the issuance of certain bonds or notes; to amend the private hous-
ing finance law, in relation to the issuance of bonds or notes; to
amend chapter 329 of the laws of 1991, amending the state finance law
and other laws relating to the establishment of the dedicated highway
and bridge trust fund, in relation to the issuance of certain bonds or
notes; to amend the public authorities law, in relation to the issu-
ance of certain bonds or notes; to amend part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, in relation to the
issuance of certain bonds or notes; to amend part X of chapter 59 of
the laws of 2004, authorizing the New York state urban development
corporation and the dormitory authority of the state of New York to
issue bonds or notes, in relation to the issuance of such bonds or
notes; to amend part K of chapter 81 of the laws of 2002, relating to
providing for the administration of certain funds and accounts related
to the 2002-2003 budget, in relation to the issuance of certain bonds
or notes; to amend chapter 392 of the laws of 1973, constituting the
S. 1505--A 3 A. 2005--A
New York state medical care facilities finance agency act, in relation
to the issuance of certain bonds or notes; to amend chapter 359 of the
laws of 1968, constituting the facilities development corporation act,
in relation to the mental hygiene facilities improvement fund income
account; and to amend the state finance law, in relation to mental
health services fund; and providing for the repeal of certain
provisions upon expiration thereof (Part K); to amend chapter 22 of
the laws of 2014, relating to expanding opportunities for service-dis-
abled veteran-owned business enterprises, in relation to extending the
provisions thereof (Part L); to amend the workers' compensation law,
in relation to the investment of surplus funds of the state insurance
fund (Part M); to amend the workers' compensation law, in relation to
the right to cancel an insurance policy for failure by an employer to
cooperate with a payroll audit and to the collection of premiums in
case of default (Part N); to amend chapter 887 of the laws of 1983,
amending the correction law relating to the psychological testing of
candidates, in relation to the effectiveness thereof; to amend chapter
428 of the laws of 1999, amending the executive law and the criminal
procedure law relating to expanding the geographic area of employment
of certain police officers, in relation to extending the expiration of
such chapter; to amend chapter 886 of the laws of 1972, amending the
correction law and the penal law relating to prisoner furloughs in
certain cases and the crime of absconding therefrom, in relation to
the effectiveness thereof; to amend chapter 261 of the laws of 1987,
amending chapters 50, 53 and 54 of the laws of 1987, the correction
law, the penal law and other chapters and laws relating to correction-
al facilities, in relation to the effectiveness thereof; to amend
chapter 55 of the laws of 1992, amending the tax law and other laws
relating to taxes, surcharges, fees and funding, in relation to
extending the expiration of certain provisions of such chapter; to
amend chapter 339 of the laws of 1972, amending the correction law and
the penal law relating to inmate work release, furlough and leave, in
relation to the effectiveness thereof; to amend chapter 60 of the laws
of 1994 relating to certain provisions which impact upon expenditure
of certain appropriations made by chapter 50 of the laws of 1994
enacting the state operations budget, in relation to the effectiveness
thereof; to amend chapter 3 of the laws of 1995, amending the
correction law and other laws relating to the incarceration fee, in
relation to extending the expiration of certain provisions of such
chapter; to amend chapter 62 of the laws of 2011, amending the
correction law and the executive law relating to merging the depart-
ment of correctional services and division of parole into the depart-
ment of corrections and community supervision, in relation to the
effectiveness thereof; to amend chapter 907 of the laws of 1984,
amending the correction law, the New York city criminal court act and
the executive law relating to prison and jail housing and alternatives
to detention and incarceration programs, in relation to extending the
expiration of certain provisions of such chapter; to amend chapter 166
of the laws of 1991, amending the tax law and other laws relating to
taxes, in relation to extending the expiration of certain provisions
of such chapter; to amend the vehicle and traffic law, in relation to
extending the expiration of the mandatory surcharge and victim assist-
ance fee; to amend chapter 713 of the laws of 1988, amending the vehi-
cle and traffic law relating to the ignition interlock device program,
in relation to extending the expiration thereof; to amend chapter 435
of the laws of 1997, amending the military law and other laws relating
S. 1505--A 4 A. 2005--A
to various provisions, in relation to extending the expiration date of
the merit provisions of the correction law and the penal law of such
chapter; to amend chapter 412 of the laws of 1999, amending the civil
practice law and rules and the court of claims act relating to prison-
er litigation reform, in relation to extending the expiration of the
inmate filing fee provisions of the civil practice law and rules and
general filing fee provision and inmate property claims exhaustion
requirement of the court of claims act of such chapter; to amend chap-
ter 222 of the laws of 1994 constituting the family protection and
domestic violence intervention act of 1994, in relation to extending
the expiration of certain provisions of the criminal procedure law
requiring the arrest of certain persons engaged in family violence; to
amend chapter 505 of the laws of 1985, amending the criminal procedure
law relating to the use of closed-circuit television and other protec-
tive measures for certain child witnesses, in relation to extending
the expiration of the provisions thereof; to amend chapter 3 of the
laws of 1995, enacting the sentencing reform act of 1995, in relation
to extending the expiration of certain provisions of such chapter; to
amend chapter 689 of the laws of 1993 amending the criminal procedure
law relating to electronic court appearance in certain counties, in
relation to extending the expiration thereof; to amend chapter 688 of
the laws of 2003, amending the executive law relating to enacting the
interstate compact for adult offender supervision, in relation to the
effectiveness thereof; to amend chapter 56 of the laws of 2009, amend-
ing the correction law relating to limiting the closing of certain
correctional facilities, providing for the custody by the department
of correctional services of inmates serving definite sentences,
providing for custody of federal prisoners and requiring the closing
of certain correctional facilities, in relation to the effectiveness
of such chapter; to amend chapter 152 of the laws of 2001 amending the
military law relating to military funds of the organized militia, in
relation to the effectiveness thereof; to amend chapter 554 of the
laws of 1986, amending the correction law and the penal law relating
to providing for community treatment facilities and establishing the
crime of absconding from the community treatment facility, in relation
to the effectiveness thereof; and to amend chapter 55 of the laws of
2018 amending the criminal procedure law relating to pre-criminal
proceeding settlements in the city of New York, in relation to the
effectiveness thereof (Part O); to amend the criminal procedure law,
in relation to the statute of limitations in criminal prosecution of a
sexual offense committed against a child; to amend the civil practice
law and rules, in relation to the statute of limitations for civil
actions related to a sexual offense committed against a child, and
granting trial preference to such actions; to amend the general munic-
ipal law, in relation to providing that the notice of claim provisions
shall not apply to such actions; to amend the court of claims act, in
relation to providing that the notice of intention to file provisions
shall not apply to such actions; to amend the education law, in
relation to providing that the notice of claim provisions shall not
apply to such actions; and to amend the judiciary law, in relation to
judicial training relating to sexual abuse of minors and rules reviv-
ing civil actions relating to sexual offenses committed against chil-
dren (Part P); to amend the penal law, in relation to prohibiting a
sexual orientation panic defense (Part Q); to amend the criminal
procedure law, in relation to admissibility of a victim's sexual
conduct in a sex offense (Part R); to amend the penal law, the crimi-
S. 1505--A 5 A. 2005--A
nal procedure law, the family court act and the civil rights law, in
relation to establishing the crime of unlawful dissemination or publi-
cation of an intimate image (Part S); to amend the criminal procedure
law, in relation to the statute of limitations for rape in the second
degree and rape in the third degree (Part T); to amend the penal law
and the criminal procedure law, in relation to sentencing and resen-
tencing in domestic violence cases (Part U); to amend the penal law,
in relation to assault on a journalist (Part V); to amend the penal
law and the criminal procedure law, in relation to eliminating the
imposition of the death penalty; and to repeal certain provisions of
the criminal procedure law, the judiciary law, the county law, the
correction law and the executive law relating to the imposition of the
death penalty (Part W); to amend the penal law, in relation to prohib-
iting the possession, manufacture, transport and disposition of
rapid-fire modification devices (Part X); to amend the penal law and
the general business law, in relation to establishing a waiting period
before a firearm, shotgun or rifle may be delivered to a person (Part
Y); to amend the civil practice law and rules and the penal law, in
relation to establishing extreme risk protection orders as court-is-
sued orders of protection prohibiting a person from purchasing,
possessing or attempting to purchase or possess a firearm, rifle or
shotgun (Part Z); to amend the criminal procedure law and the judici-
ary law, in relation to the issuance of securing orders; and to repeal
certain provisions of the criminal procedure law and the insurance law
relating thereto (Subpart A); to amend the criminal procedure law and
the penal law, in relation to discovery reform and intimidating or
tampering with a victim or witness; and to repeal certain provisions
of the criminal procedure law relating thereto (Subpart B); and to
amend the criminal procedure law, in relation to a waiver and time
limits for a speedy trial (Subpart C) (Part AA); to amend the public
officers law, the civil practice law and rules and the executive law,
in relation to the freedom of information law; and to repeal section
88 of the public officers law, section 70-0113 of the environmental
conservation law and subdivision 4 of section 308 of the county law
relating thereto (Part BB); to amend the workers' compensation law, in
relation to extending the board's authority to resolve medical bill
disputes and simplify the process (Part CC); to amend section 14 of
part J of chapter 62 of the laws of 2003, amending the county law and
other laws relating to fees collected, in relation to certain fees
collected by the office of court administration; and to amend the
judiciary law, in relation to the biennial registration fee for attor-
neys (Part DD); to amend the criminal procedure law, in relation to
grand jury procedures (Part EE); authorizing the alienation of certain
parklands in the town of Hastings, county of Oswego (Part FF); to
amend the state finance law, in relation to authorizing use of
centralized services by public authorities and public benefit corpo-
rations to acquire energy products as centralized services from the
office of general services; to amend chapter 410 of the laws of 2009,
amending the state finance law relating to authorizing the aggregate
purchases of energy for state agencies, institutions, local govern-
ments, public authorities and public benefit corporations, in relation
to the effectiveness thereof; and to amend part C of chapter 97 of the
laws of 2011, amending the state finance law and other laws relating
to providing certain centralized service to political subdivisions and
extending the authority of the commissioner of general services to
aggregate purchases of energy for state agencies and political subdi-
S. 1505--A 6 A. 2005--A
visions, in relation to the effectiveness thereof (Part GG); to amend
the public buildings law, in relation to increasing the maximum
contract amount during construction emergencies; and to amend chapter
674 of the laws of 1993, amending the public buildings law relating to
value limitations on contracts, in relation to making such provisions
permanent (Part HH); to amend the banking law, in relation to licens-
ing considerations for check cashers (Subpart A); to amend the educa-
tion law, in relation to eligibility for serving on a New York city
community district education council and city-wide council (Subpart
B); to amend the executive law, in relation to licensing consider-
ations for bingo suppliers (Subpart C); to amend the executive law, in
relation to licensing considerations for notary publics (Subpart D);
to amend the general municipal law, in relation to licensing consider-
ations for suppliers of games of chance, for games of chance licen-
sees, for bingo licensees, and for lessors of premises to bingo licen-
sees (Subpart E); to amend the insurance law, in relation to licensing
considerations for insurer adjusters and for employment with insurance
adjusters; and to repeal certain provisions of such law relating ther-
eto (Subpart F); to amend the real property law, in relation to
licensing considerations for real estate brokers or real estate sales-
men (Subpart G); to amend the social services law, in relation to
participation as employer in subsidized employer programs (Subpart H);
to amend the vehicle and traffic law, in relation to eligibility for
employment by a driver's school (Subpart I); to repeal certain
provisions of the vehicle and traffic law, relating to mandatory
suspension of drivers' licenses for certain offenses (Subpart J); to
amend the public officers law, in relation to prohibiting disclosure
of law enforcement booking information and photographs (Subpart K); to
amend the executive law and the judiciary law, in relation to exclu-
sion of undisposed cases from criminal history record searches
(Subpart L); directs the commissioner of the division of criminal
justice services to seal certain records of any action or proceeding
terminated in favor of the accused or convictions for certain traffic
violations (Subpart M); to amend the executive law and the judiciary
law, in relation to preventing employment discrimination against
persons whose criminal charges have been adjourned in contemplation of
dismissal (Subpart N); to amend the executive law, in relation to
preventing employment discrimination against persons whose criminal
charges have been adjourned in contemplation of dismissal (Subpart O);
and to amend the executive law, in relation to release on compassion-
ate parole for inmates affected by age-related disability (Subpart P)
(Part II); to amend the correction law, in relation to segregated
confinement (Part JJ); to amend the penal law and the correction law,
in relation to shock incarceration (Part KK); to amend the civil
service law, in relation to establishing continuing eligible lists
(Part LL); to amend the civil service law, in relation to promotional
examination eligibility (Part MM); to amend the civil service law, in
relation to salary protection to incumbents (Part NN); to amend the
penal law, in relation to reducing certain sentences of imprisonment
for misdemeanors to three hundred sixty-four days (Part OO); to amend
the civil practice law and rules, the county law and the general
municipal law, in relation to restricting forfeiture actions and
creating greater accountability for seized assets; and to amend the
criminal procedure law and the penal law, in relation to reporting
certain demographic data (Part PP); to amend the family court act, in
relation to establishing the child-parent security act; and to repeal
S. 1505--A 7 A. 2005--A
section 73 and article 8 of the domestic relations law, relating to
artificial insemination and surrogate parenting contracts (Part QQ);
to amend the executive law, in relation to creating an office of
special investigation within the department of law, requiring reports
on the discharge of a firearm, and requiring the establishment of a
model law enforcement use of force policy (Part RR); to amend civil
practice law and rules, in relation to authorization to the Suffolk
county clerk to charge a block fee (Part SS); in relation to the
closure of correctional facilities; and providing for the repeal of
such provisions upon expiration thereof (Part TT); and to amend the
criminal procedure law, the alcoholic beverage control law, the admin-
istrative code of the city of New York, the correction law, the civil
rights law, the civil service law, the executive law, the general
business law, the public authorities law, the public health law, the
public officers law, the penal law, the tax law, the workers' compen-
sation law and the general municipal law, in relation to peace offi-
cers; and to repeal certain provisions of the criminal procedure law
relating thereto (Part UU)
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2019-2020
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through UU. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
13 Section 1. Section 167 of the civil service law is amended by adding a
14 new subdivision 10 to read as follows:
15 10. Notwithstanding any inconsistent provision of law, the state's
16 contribution for the cost of premium or subscription charges for the
17 coverage of retired state employees who are enrolled in the statewide
18 and the supplementary health benefit plans established pursuant to this
19 article and who are hired on or after April first, two thousand nineteen
20 shall be as set forth in this subdivision.
21 (a) For state employees who retire from a position at or equated to
22 grade ten or higher with at least ten but less than twenty years of
23 service, the state shall pay fifty percent of the cost of premium or
24 subscription charges for the individual coverage of such retired state
25 employees. Such contributions shall increase by two percent of the cost
26 of premium or subscription charges for each year of service in excess of
27 ten years, to a maximum of sixty-eight percent of the cost of premium or
28 subscription charges. For state employees who retire from a position at
29 or equated to grade ten or higher with twenty or more years of service,
30 the state shall pay seventy-four percent of the cost of premium or
31 subscription charges for the individual coverage of such retired state
S. 1505--A 8 A. 2005--A
1 employees. Such contributions shall increase by one percent of the cost
2 of premium or subscription charges for each year of service in excess of
3 twenty years, to a maximum of eighty-four percent of the cost of premium
4 or subscription charges.
5 (b) For state employees who retire from a position at or equated to
6 grade nine or lower with at least ten but less than twenty years of
7 service, the state shall pay fifty-four percent of the cost of premium
8 or subscription charges for the individual coverage of such retired
9 state employees. Such contributions shall increase by two percent of the
10 cost of premium or subscription charges for each year of service in
11 excess of ten years, to a maximum of seventy-two percent of the cost of
12 premium or subscription charges. For state employees who retire from a
13 position at or equated to grade nine or lower with twenty or more years
14 of service, the state shall pay seventy-eight percent of the cost of
15 premium or subscription charges for the individual coverage of such
16 retired state employees. Such contributions shall increase by one
17 percent of the cost of premium or subscription charges for each year of
18 service in excess of twenty years, to a maximum of eighty-eight percent
19 of the cost of premium or subscription charges.
20 (c) For state employees who retire from a position at or equated to
21 grade ten or higher with at least ten but less than twenty years of
22 service, the state shall pay thirty-five percent of the cost of premium
23 or subscription charges for the coverage of dependents of such retired
24 state employees; such contribution shall increase by two percent of the
25 cost of premium or subscription charges for each year of service in
26 excess of ten years, to a maximum of fifty-three percent of the cost of
27 premium or subscription charges for such dependents. For state employees
28 who retire from a position at or equated to grade ten or higher with
29 twenty or more years of service, the state shall pay fifty-nine percent
30 of the cost of premium or subscription charges for the coverage of
31 dependents of such retired state employees; such contribution shall
32 increase by one percent of the cost of premium or subscription charges
33 for each year of service in excess of twenty years, to a maximum of
34 sixty-nine percent of the cost of premium or subscription charges for
35 such dependents.
36 (d) For state employees who retire from a position at or equated to
37 grade nine or lower with at least ten but less than twenty years of
38 service, the state shall pay thirty-nine percent of the cost of premium
39 or subscription charges for the coverage of dependents of such retired
40 state employees; such contribution shall increase by two percent of the
41 cost of premium or subscription charges for each year of service in
42 excess of ten years, to a maximum of fifty-seven percent of the cost of
43 premium or subscription charges for such dependents. For state employees
44 who retire from a position at or equated to grade nine or lower with
45 twenty or more years of service, the state shall pay sixty-three percent
46 of the cost of premium or subscription charges for the coverage of
47 dependents of such retired state employees; such contribution shall
48 increase by one percent of the cost of premium or subscription charges
49 for each year of service in excess of twenty years, to a maximum of
50 seventy-three percent of the cost of premium or subscription charges for
51 such dependents.
52 (e) With respect to all such retired state employees, each increment
53 of one or two percent of the cost of premium or subscription charges for
54 each year of service shall be applicable for whole years of service to
55 the state and shall not be applied on a pro-rata basis for partial years
56 of service.
S. 1505--A 9 A. 2005--A
1 (f) The provisions of this subdivision shall not be applicable to:
2 (1) Members of the New York state and local police and fire retirement
3 system;
4 (2) Members in the uniformed personnel in institutions under the
5 jurisdiction of the state department of corrections and community super-
6 vision or who are security hospital treatment assistants, as defined in
7 section eighty-nine of the retirement and social security law; and
8 (3) Any state employee determined to have retired with an ordinary,
9 accidental, or performance of duty disability retirement benefit.
10 (g) For the purposes of determining the cost of premium or
11 subscription charges to be paid by the state on behalf of retired state
12 employees enrolled in the New York state health insurance program who
13 are hired on or after April first, two thousand nineteen, the state
14 shall consider all years of service that a retired state employee has
15 accrued in a public retirement system of the state or an optional
16 retirement program established pursuant to article three, eight-B, or
17 one hundred twenty-five-A of the education law. The provisions of this
18 paragraph may not be used to grant eligibility for retiree state health
19 insurance coverage to a retiree who is not otherwise eligible to enroll
20 in the New York state health insurance program as a retiree.
21 § 2. This act shall take effect April 1, 2019.
22 PART B
23 Section 1. Section 167-a of the civil service law, as amended by
24 section 1 of part I of chapter 55 of the laws of 2012, is amended to
25 read as follows:
26 § 167-a. Reimbursement for medicare premium charges. Upon exclusion
27 from the coverage of the health benefit plan of supplementary medical
28 insurance benefits for which an active or retired employee or a depend-
29 ent covered by the health benefit plan is or would be eligible under the
30 federal old-age, survivors and disability insurance program, an amount
31 equal to the standard medicare premium charge for such supplementary
32 medical insurance benefits for such active or retired employee and his
33 or her dependents, if any, shall be paid monthly or at other intervals
34 to such active or retired employee from the health insurance fund.
35 Furthermore, effective January first, two thousand twenty there shall be
36 no payment whatsoever for the income related monthly adjustment amount
37 for amounts (premiums) incurred on or after January first, two thousand
38 nineteen to any active or retired employee and his or her dependents, if
39 any. Where appropriate, such standard medicare premium amount may be
40 deducted from contributions payable by the employee or retired employee;
41 or where appropriate in the case of a retired employee receiving a
42 retirement allowance, such standard medicare premium amount may be
43 included with payments of his or her retirement allowance. All state
44 employer, employee, retired employee and dependent contributions to the
45 health insurance fund, including contributions from public authorities,
46 public benefit corporations or other quasi-public organizations of the
47 state eligible for participation in the health benefit plan as author-
48 ized by subdivision two of section one hundred sixty-three of this arti-
49 cle, shall be adjusted as necessary to cover the cost of reimbursing
50 federal old-age, survivors and disability insurance program premium
51 charges under this section. This cost shall be included in the calcu-
52 lation of premium or subscription charges for health coverage provided
53 to employees and retired employees of the state, public authorities,
54 public benefit corporations or other quasi-public organizations of the
S. 1505--A 10 A. 2005--A
1 state; provided, however, the state, public authorities, public benefit
2 corporations or other quasi-public organizations of the state shall
3 remain obligated to pay no less than its share of such increased cost
4 consistent with its share of premium or subscription charges provided
5 for by this article. All other employer contributions to the health
6 insurance fund shall be adjusted as necessary to provide for such
7 payments.
8 § 2. This act shall take effect immediately and shall apply on January
9 1, 2019 for the income related monthly adjustment amount for amounts,
10 premiums, incurred on or after January 1, 2019.
11 PART C
12 Section 1. Section 167-a of the civil service law, as amended by
13 section 1 of part I of chapter 55 of the laws of 2012, is amended to
14 read as follows:
15 § 167-a. Reimbursement for medicare premium charges. Upon exclusion
16 from the coverage of the health benefit plan of supplementary medical
17 insurance benefits for which an active or retired employee or a depend-
18 ent covered by the health benefit plan is or would be eligible under the
19 federal old-age, survivors and disability insurance program, an amount
20 equal to the standard medicare premium charge for such supplementary
21 medical insurance benefits for such active or retired employee and his
22 or her dependents, if any, shall be paid monthly or at other intervals
23 to such active or retired employee from the health insurance fund;
24 provided, however, such payment for the standard medicare premium charge
25 shall not exceed one hundred thirty-five dollars and fifty cents per
26 month. Where appropriate, such standard medicare premium amount may be
27 deducted from contributions payable by the employee or retired employee;
28 or where appropriate in the case of a retired employee receiving a
29 retirement allowance, such standard medicare premium amount may be
30 included with payments of his or her retirement allowance. All state
31 employer, employee, retired employee and dependent contributions to the
32 health insurance fund, including contributions from public authorities,
33 public benefit corporations or other quasi-public organizations of the
34 state eligible for participation in the health benefit plan as author-
35 ized by subdivision two of section one hundred sixty-three of this arti-
36 cle, shall be adjusted as necessary to cover the cost of reimbursing
37 federal old-age, survivors and disability insurance program premium
38 charges under this section. This cost shall be included in the calcu-
39 lation of premium or subscription charges for health coverage provided
40 to employees and retired employees of the state, public authorities,
41 public benefit corporations or other quasi-public organizations of the
42 state; provided, however, the state, public authorities, public benefit
43 corporations or other quasi-public organizations of the state shall
44 remain obligated to pay no less than its share of such increased cost
45 consistent with its share of premium or subscription charges provided
46 for by this article. All other employer contributions to the health
47 insurance fund shall be adjusted as necessary to provide for such
48 payments.
49 § 2. This act shall take effect immediately and shall apply to the
50 standard medicare premium amount on and after April 1, 2019.
51 PART D
S. 1505--A 11 A. 2005--A
1 Section 1. Section 5004 of the civil practice law and rules, as
2 amended by chapter 258 of the laws of 1981, is amended to read as
3 follows:
4 § 5004. Rate of interest. [Interest shall be at the rate of nine per
5 centum per annum, except where otherwise provided by statute.] Notwith-
6 standing any other provision of law or regulation to the contrary,
7 including any law or regulation that limits the annual rate of interest
8 to be paid on a judgment or accrued claim, the annual rate of interest
9 to be paid on a judgment or accrued claim shall be calculated at the
10 one-year United States treasury bill rate. For the purposes of this
11 section, the "one-year United States treasury bill rate" means the week-
12 ly average one-year constant maturity treasury yield, as published by
13 the board of governors of the federal reserve system, for the calendar
14 week preceding the date of the entry of the judgment awarding damages.
15 Provided however, that this section shall not apply to any provision of
16 the tax law which provides for the annual rate of interest to be paid on
17 a judgment or accrued claim.
18 § 2. Section 16 of the state finance law, as amended by chapter 681 of
19 the laws of 1982, is amended to read as follows:
20 § 16. Rate of interest on judgments and accrued claims against the
21 state. The rate of interest to be paid by the state upon any judgment
22 or accrued claim against the state shall [not exceed nine per centum per
23 annum] be calculated at the one-year United States treasury bill rate.
24 For the purposes of this section, the "one-year United States treasury
25 bill rate" means the weekly average one-year constant maturity treasury
26 yield, as published by the board of governors of the federal reserve
27 system, for the calendar week preceding the date of the entry of the
28 judgment awarding damages. Provided however, that this section shall not
29 apply to any provision of the tax law which provides for the annual rate
30 of interest to be paid on a judgment or accrued claim.
31 § 3. This act shall take effect immediately, and shall be deemed to
32 have been in full force and effect on and after April 1, 2019.
33 PART E
34 Section 1. Paragraphs (f) and (g) of subdivision 1 of section 209-a of
35 the civil service law, as amended by chapter 244 of the laws of 2007,
36 are amended to read as follows:
37 (f) to utilize any state funds appropriated for any purpose to train
38 managers, supervisors or other administrative personnel regarding meth-
39 ods to discourage union organization or to discourage an employee from
40 participating in a union organizing drive; [or] (g) to fail to permit or
41 refuse to afford a public employee the right, upon the employee's
42 demand, to representation by a representative of the employee organiza-
43 tion, or the designee of such organization, which has been certified or
44 recognized under this article when at the time of questioning by the
45 employer of such employee it reasonably appears that he or she may be
46 the subject of a potential disciplinary action. If representation is
47 requested, and the employee is a potential target of disciplinary action
48 at the time of questioning, a reasonable period of time shall be
49 afforded to the employee to obtain such representation. It shall be an
50 affirmative defense to any improper practice charge under paragraph (g)
51 of this subdivision that the employee has the right, pursuant to stat-
52 ute, interest arbitration award, collectively negotiated agreement,
53 policy or practice, to present to a hearing officer or arbitrator
54 evidence of the employer's failure to provide representation and to
S. 1505--A 12 A. 2005--A
1 obtain exclusion of the resulting evidence upon demonstration of such
2 failure. Nothing in this section shall grant an employee any right to
3 representation by the representative of an employee organization in any
4 criminal investigation; or (h) to disclose home addresses, personal
5 telephone numbers, personal cell phone numbers, personal e-mail
6 addresses of a public employee, as the term "public employee" is defined
7 in subdivision seven of section two hundred one of this article, except
8 (i) where required pursuant to the provisions of this article, and (ii)
9 to the extent compelled to do so by lawful service of process, subpoena,
10 court order, or as otherwise required by law. This paragraph shall not
11 prohibit other provisions of law regarding work-related, publicly avail-
12 able information such as title, salary, and dates of employment.
13 § 2. Subdivision 1 of section 208 of the civil service law is amended
14 by adding a new paragraph (d) to read as follows:
15 (d) Unless otherwise specified by a collective bargaining agreement,
16 upon the request of the employee organization, not more than quarterly,
17 the employer shall provide the employee organization the name, address,
18 job title, employing agency or department or other operating unit and
19 work location of all employees of a bargaining unit.
20 § 3. This act shall take effect immediately.
21 PART F
22 Section 1. Paragraph (d) of subdivision 4 of section 209 of the civil
23 service law, as amended by section 1 of part L of chapter 57 of the laws
24 of 2016, is amended to read as follows:
25 (d) The provisions of this subdivision shall expire July first, two
26 thousand [nineteen] twenty-four.
27 § 2. Paragraph (f) of subdivision 6 of section 209 of the civil
28 service law, as amended by section 2 of part L of chapter 57 of the laws
29 of 2016, is amended to read as follows:
30 (f) The provisions of this subdivision shall expire July first, two
31 thousand [nineteen] twenty-four.
32 § 3. This act shall take effect immediately.
33 PART G
34 Section 1. Section 13 of part A of chapter 97 of the laws of 2011,
35 amending the general municipal law and the education law relating to
36 establishing limits upon school district and local government tax
37 levies, as amended by section 18 of part A of chapter 20 of the laws of
38 2015, is amended to read as follows:
39 § 13. This act shall take effect immediately[; provided, however, that
40 sections two through eleven of this act shall take effect July 1, 2011
41 and shall first apply to school district budgets and the budget adoption
42 process for the 2012-13 school year; and shall continue to apply to
43 school district budgets and the budget adoption process for any school
44 year beginning in any calendar year during which this act is in effect;
45 provided further, that if section 26 of part A of chapter 58 of the laws
46 of 2011 shall not have taken effect on or before such date then section
47 ten of this act shall take effect on the same date and in the same
48 manner as such chapter of the laws of 2011, takes effect; provided
49 further, that section one of this act shall first apply to the levy of
50 taxes by local governments for the fiscal year that begins in 2012 and
51 shall continue to apply to the levy of taxes by local governments for
52 any fiscal year beginning in any calendar year during which this act is
S. 1505--A 13 A. 2005--A
1 in effect; provided, further, that this act shall remain in full force
2 and effect at a minimum until and including June 15, 2020 and shall
3 remain in effect thereafter only so long as the public emergency requir-
4 ing the regulation and control of residential rents and evictions and
5 all such laws providing for such regulation and control continue as
6 provided in subdivision 3 of section 1 of the local emergency rent
7 control act, sections 26-501, 26-502 and 26-520 of the administrative
8 code of the city of New York, section 17 of chapter 576 of the laws of
9 1974 and subdivision 2 of section 1 of chapter 274 of the laws of 1946
10 constituting the emergency housing rent control law, and section 10 of
11 chapter 555 of the laws of 1982, amending the general business law and
12 the administrative code of the city of New York relating to conversions
13 of residential property to cooperative or condominium ownership in the
14 city of New York as such laws are continued by chapter 93 of the laws of
15 2011 and as such sections are amended from time to time].
16 § 2. This act shall take effect immediately.
17 PART H
18 Section 1. The opening paragraph of section 15 of chapter 123 of the
19 laws of 2014, amending the vehicle and traffic law, the general munici-
20 pal law, and the public officers law relating to owner liability for
21 failure of an operator to comply with traffic-control indications, is
22 amended to read as follows:
23 This act shall take effect on the thirtieth day after it shall have
24 become a law and shall expire [5 years after such effective date when
25 upon such date the provisions of this act shall] and be deemed repealed
26 December 1, 2024; and provided further that any rules necessary for the
27 implementation of this act on its effective date shall be promulgated on
28 or before such effective date, provided that:
29 § 2. The opening paragraph of section 15 of chapter 101 of the laws of
30 2014, amending the vehicle and traffic law, the general municipal law,
31 and the public officers law relating to owner liability for failure of
32 an operator to comply with traffic-control indications in the city of
33 Mt. Vernon, is amended to read as follows:
34 This act shall take effect on the thirtieth day after it shall have
35 become a law and shall expire [5 years after such effective date when
36 upon such date the provisions of this act shall] and be deemed repealed
37 December 1, 2024; and provided further that any rules necessary for the
38 implementation of this act on its effective date shall be promulgated on
39 or before such effective date, provided that:
40 § 3. Section 10 of chapter 19 of the laws of 2009, amending the vehi-
41 cle and traffic law and other laws relating to adjudications and owner
42 liability for a violation of traffic-control signal indications, as
43 amended by chapter 133 of the laws of 2014, is amended to read as
44 follows:
45 § 10. This act shall take effect on the thirtieth day after it shall
46 have become a law and shall expire December 1, [2019] 2024 when upon
47 such date the provisions of this act shall be deemed repealed; provided
48 that the amendments to paragraph a of subdivision 5-a of section 401 of
49 the vehicle and traffic law made by section one of this act shall be
50 subject to the expiration and reversion of such paragraph pursuant to
51 section 17 of chapter 746 of the laws of 1988, as amended, when upon
52 such date the provisions of section two of this act shall take effect;
53 provided that the amendments to the opening paragraph and paragraph (c)
54 of subdivision 1 of section 1809 of the vehicle and traffic law made by
S. 1505--A 14 A. 2005--A
1 section four of this act shall be subject to the expiration and rever-
2 sion of such subdivision pursuant to chapter 166 of the laws of 1991, as
3 amended, when upon such date the provisions of section five of this act
4 shall take effect; provided, however, that the amendments to the opening
5 paragraph of subdivision 1 of section 1809 of the vehicle and traffic
6 law made by section five of this act shall not affect the expiration of
7 such subdivision and shall expire therewith; provided, however, that the
8 amendments to subdivision 2 of section 371 of the general municipal law
9 made by section seven of this act shall not affect the expiration of
10 such section and shall be deemed to expire therewith; and provided,
11 further, that any such local laws as may be enacted pursuant to this act
12 shall remain in full force and effect only until December 1, [2019]
13 2024.
14 § 4. The opening paragraph of section 15 of chapter 99 of the laws of
15 2014, amending the vehicle and traffic law, the general municipal law,
16 and the public officers law relating to owner liability for failure of
17 an operator to comply with traffic-control indications in the city of
18 New Rochelle, is amended to read as follows:
19 This act shall take effect on the thirtieth day after it shall have
20 become a law and shall expire [5 years after such effective date when
21 upon such date the provisions of this act shall] and be deemed repealed
22 December 1, 2024; and provided further that any rules necessary for the
23 implementation of this act on its effective date shall be promulgated on
24 or before such effective date, provided that:
25 § 5. Section 17 of chapter 746 of the laws of 1988, amending the vehi-
26 cle and traffic law, the general municipal law, and the public officers
27 law relating to the civil liability of vehicle owners for traffic
28 control signal violations, as amended by chapter 134 of the laws of
29 2014, is amended to read as follows:
30 § 17. This act shall take effect on the thirtieth day after it shall
31 have become a law and shall remain in full force and effect until Decem-
32 ber 1, [2019] 2024 when upon such date the amendments and provisions
33 made by this act shall be deemed repealed; provided, however, any such
34 local laws as may be enacted pursuant to this act shall remain in full
35 force and effect only until the expiration on December 1, [2019] 2024.
36 § 6. Section 2 of local law number 46 of the city of New York for the
37 year 1989 amending the administrative code of the city of New York
38 relating to civil liability of vehicle owners for traffic control signal
39 violations, as amended by chapter 134 of the laws of 2014, is amended to
40 read as follows:
41 § 2. This local law shall take effect immediately and shall expire on
42 December 1, [2019] 2024.
43 § 7. Section 9 of chapter 23 of the laws of 2009, amending the vehicle
44 and traffic law and other laws relating to adjudications and owner
45 liability for a violation of traffic-control signal indications, as
46 amended by chapter 127 of the laws of 2014, is amended to read as
47 follows:
48 § 9. This act shall take effect on the thirtieth day after it shall
49 have become a law and shall expire December 1, [2019] 2024 when upon
50 such date the provisions of this act shall be deemed repealed; provided
51 that the amendments to paragraph a of subdivision 5-a of section 401 of
52 the vehicle and traffic law made by section one of this act shall be
53 subject to the expiration and reversion of such paragraph pursuant to
54 section 17 of chapter 746 of the laws of 1988, as amended, when upon
55 such date the provisions of section two of this act shall take effect;
56 provided that the amendments to the opening paragraph and paragraph (c)
S. 1505--A 15 A. 2005--A
1 of subdivision 1 of section 1809 of the vehicle and traffic law made by
2 section four of this act shall be subject to the expiration and rever-
3 sion of such subdivision pursuant to chapter 166 of the laws of 1991, as
4 amended, when upon such date the provisions of section five of this act
5 shall take effect; provided, however, that the amendments to the opening
6 paragraph of subdivision 1 of section 1809 of the vehicle and traffic
7 law made by section five of this act shall not affect the expiration of
8 such subdivision and shall expire therewith; and provided, further, that
9 any such local laws as may be enacted pursuant to this act shall remain
10 in full force and effect only until December 1, [2019] 2024.
11 § 8. The opening paragraph of section 15 of chapter 222 of the laws of
12 2015, amending the vehicle and traffic law, the general municipal law,
13 and the public officers law relating to owner liability for failure of
14 an operator to comply with traffic-control indications in the city of
15 White Plains, is amended to read as follows:
16 This act shall take effect on the thirtieth day after it shall have
17 become a law and shall expire [5 years after such effective date when
18 upon such date the provisions of this act shall] and be deemed repealed
19 December 1, 2024; and provided further that any rules necessary for the
20 implementation of this act on its effective date shall be promulgated on
21 or before such effective date, provided that:
22 § 9. The opening paragraph and paragraph (k) of section 24 of chapter
23 20 of the laws of 2009, amending the vehicle and traffic law, the gener-
24 al municipal law, and the public officers law relating to owner liabil-
25 ity for failure of operator to comply with traffic control indications,
26 as amended by chapter 128 of the laws of 2014, are amended to read as
27 follows:
28 This act shall take effect on the thirtieth day after it shall have
29 become a law and shall expire December 1, [2019] 2024 when upon such
30 date the provisions of this act shall be deemed repealed; provided that:
31 (k) any such local laws as may be enacted pursuant to this act shall
32 remain in full force and effect only until December 1, [2019] 2024.
33 § 10. This act shall take effect immediately.
34 PART I
35 Section 1. Subparagraph (viii) of paragraph a of subdivision 10 of
36 section 54 of the state finance law, as amended by section 1 of part O
37 of chapter 56 of the laws of 2008, clause 2 as amended by section 1 of
38 part I of chapter 57 of the laws of 2011, is amended and a new subpara-
39 graph (v) is added to paragraph b to read as follows:
40 (viii) "Prior year aid" means[:
41 (1) for the state fiscal year commencing April first, two thousand
42 seven, the total amount of state aid a municipality or county having a
43 population of less than one million but more than nine hundred twenty-
44 five thousand according to the federal decennial census of two thousand
45 received in the state fiscal year commencing April first, two thousand
46 six.
47 (2) for the state fiscal year commencing April first, two thousand
48 eight and in each state fiscal year thereafter, the base level grant
49 received in the immediately preceding state fiscal year pursuant to
50 paragraph b of this subdivision and chapter three hundred thirteen of
51 the laws of two thousand ten, excluding any deficit reduction adjustment
52 pursuant to paragraph e-1 of this subdivision, plus any additional
53 apportionments received in such year pursuant to paragraph d of this
54 subdivision and any per capita adjustments received in such year pursu-
S. 1505--A 16 A. 2005--A
1 ant to paragraph e of this subdivision] for the state fiscal year
2 commencing April first, two thousand nineteen and in each state fiscal
3 year thereafter, the base level grant received in the immediately
4 preceding state fiscal year pursuant to paragraph b of this subdivision.
5 (v) Notwithstanding subparagraph (i) of this paragraph, within amounts
6 appropriated in the state fiscal year commencing April first, two thou-
7 sand nineteen, and annually thereafter, there shall be apportioned and
8 paid to each municipality which is a city a base level grant in an
9 amount equal to the prior year aid received by such city, and there
10 shall be apportioned and paid to each municipality which is a town or
11 village a base level grant in accordance with clause two of this subpar-
12 agraph.
13 (1) When used in this subparagraph, unless otherwise expressly stated:
14 (A) "two thousand eighteen--two thousand nineteen AIM funding" shall
15 mean the sum of the base level grant paid in the state fiscal year that
16 began April first, two thousand eighteen pursuant to this paragraph.
17 (B) "two thousand seventeen total expenditures" shall mean all funds
18 and total expenditures for a town or a village as reported to the state
19 comptroller for local fiscal years ended in two thousand seventeen.
20 (C) "AIM Reliance" shall mean two thousand eighteen--two thousand
21 nineteen AIM funding calculated as a percentage of two thousand seven-
22 teen total expenditures, provided that, for a village which dissolved
23 during the state fiscal year that began April first, two thousand eigh-
24 teen, the village's two thousand eighteen--two thousand nineteen AIM
25 funding shall be added to the existing two thousand eighteen--two thou-
26 sand nineteen AIM funding of the town into which the village dissolved
27 for purposes of this calculation.
28 (2) A base level grant equal to a town or village's prior year aid
29 only if such town or village's AIM reliance equals two percent or great-
30 er as reported to and published by the state comptroller as of January
31 tenth, two thousand nineteen.
32 § 2. Paragraph i of subdivision 10 of section 54 of the state finance
33 law is amended by adding a new subparagraph (ix) to read as follows:
34 (ix) Notwithstanding subparagraph (i) of this paragraph, in the state
35 fiscal year commencing April first, two thousand nineteen, the base
36 level grant adjustment pursuant to subparagraph (v) of paragraph b of
37 this subdivision shall be made on or before September twenty-fifth for a
38 town or village.
39 § 3. Notwithstanding any law to the contrary, where a municipality
40 received a base level grant in state fiscal year 2018-19 but not in
41 state fiscal year 2019-20 under the aid and incentives for munici-
42 palities program pursuant to subdivision 10 of section 54 of the state
43 finance law, the county in which a majority of the population of such
44 municipality resides shall annually distribute, by December fifteenth of
45 each year, to such municipality a portion of the receipts from the sales
46 and use tax imposed by such county pursuant to article 29 of the tax law
47 in an amount equal to the base level grant received by such municipality
48 in state fiscal year 2018-19; provided, however, that such distribution
49 shall be in addition to any other revenue distribution to such munici-
50 pality required by law.
51 § 4. This act shall take effect immediately.
52 PART J
53 Section 1. The real property tax law is amended by adding a new
54 section 485-u to read as follows:
S. 1505--A 17 A. 2005--A
1 § 485-u. Class one reassessment exemption. 1. Applicability. A special
2 assessing unit that is not a city may, by local law, opt to provide a
3 class one reassessment exemption as provided in this section. Such
4 exemption shall apply in the same manner and to the same extent to coun-
5 ty, town, special district and school district taxes levied on the
6 assessment roll prepared by such special assessing unit.
7 2. Eligibility. The assessor shall, for the two thousand twenty--two
8 thousand twenty-one assessment roll and for the subsequent four years,
9 apply an exemption as provided in this section to each property classi-
10 fied in class one pursuant to article eighteen of this chapter.
11 3. Exemption calculation. (a) (i) The assessor shall calculate the
12 exemption as a percentage of the exemption base. The exemption base
13 shall be the amount by which the assessment of a property on the two
14 thousand twenty--two-thousand twenty-one tentative assessment roll
15 issued on or about January 2, 2019 exceeds the equalized assessment on
16 the two thousand nineteen--two thousand twenty final assessment roll.
17 The assessor shall determine the equalized assessment on the two thou-
18 sand nineteen--two thousand twenty final assessment roll by multiplying
19 a property's effective full value on the two thousand nineteen--two
20 thousand twenty final assessment roll by the class one level of assess-
21 ment on the two thousand twenty--two thousand twenty-one final assess-
22 ment roll. The assessor shall determine a property's effective full
23 value on the two thousand nineteen--two thousand twenty final assessment
24 roll by dividing the assessment on the two thousand nineteen--two thou-
25 sand twenty final assessment roll by the class one level of assessment
26 on the two thousand nineteen--two thousand twenty final assessment roll.
27 Such exemption base shall not include assessment increases due to a
28 physical improvement or a removal or reduction of an exemption on prop-
29 erty.
30 (ii) Any increase in the assessment of a property due to an increase
31 in a property's full value or physical changes subsequent to the two
32 thousand twenty--two thousand twenty-one final assessment roll shall not
33 be eligible for the exemption. If any portion of a property is fully or
34 partially removed from the assessment roll subsequent to the two thou-
35 sand twenty--two thousand twenty-one final assessment roll by reason of
36 fire, demolition, destruction or new exemption, the assessor shall
37 reduce the exemption for any remaining portion in the same proportion
38 the assessment is reduced for such fire, demolition, destruction or new
39 exemption.
40 (b) The exemption shall be eighty per centum of the exemption base on
41 the two thousand twenty--two thousand twenty-one final assessment roll,
42 sixty per centum of the exemption base on the two thousand twenty-one--
43 two thousand twenty-two final assessment roll, forty per centum of the
44 exemption base on the two thousand twenty-two--two thousand twenty-three
45 final assessment roll, twenty per centum of the exemption base on the
46 two thousand twenty-three--two thousand twenty-four final assessment
47 roll and zero per centum of the exemption base on the two thousand twen-
48 ty-four--two thousand twenty-five final assessment roll.
49 4. Entering of exemption on assessment roll. The assessor shall enter
50 in a separate column on the assessment roll the value of any exemption
51 provided by this section.
52 § 2. Severability. If any provision of this act or if any application
53 thereof to any person or circumstances is held invalid, the remainder of
54 this act and the application of the provision to other persons and
55 circumstances shall not be affected thereby.
56 § 3. This act shall take effect immediately.
S. 1505--A 18 A. 2005--A
1 PART K
2 Section 1. The state comptroller is hereby authorized and directed to
3 loan money in accordance with the provisions set forth in subdivision 5
4 of section 4 of the state finance law to the following funds and/or
5 accounts:
6 1. DOL-Child performer protection account (20401).
7 2. Proprietary vocational school supervision account (20452).
8 3. Local government records management account (20501).
9 4. Child health plus program account (20810).
10 5. EPIC premium account (20818).
11 6. Education - New (20901).
12 7. VLT - Sound basic education fund (20904).
13 8. Sewage treatment program management and administration fund
14 (21000).
15 9. Hazardous bulk storage account (21061).
16 10. Federal grants indirect cost recovery account (21065).
17 11. Low level radioactive waste account (21066).
18 12. Recreation account (21067).
19 13. Public safety recovery account (21077).
20 14. Environmental regulatory account (21081).
21 15. Natural resource account (21082).
22 16. Mined land reclamation program account (21084).
23 17. Great lakes restoration initiative account (21087).
24 18. Environmental protection and oil spill compensation fund (21200).
25 19. Public transportation systems account (21401).
26 20. Metropolitan mass transportation (21402).
27 21. Operating permit program account (21451).
28 22. Mobile source account (21452).
29 23. Statewide planning and research cooperative system account
30 (21902).
31 24. New York state thruway authority account (21905).
32 25. Mental hygiene program fund account (21907).
33 26. Mental hygiene patient income account (21909).
34 27. Financial control board account (21911).
35 28. Regulation of racing account (21912).
36 29. New York Metropolitan Transportation Council account (21913).
37 30. State university dormitory income reimbursable account (21937).
38 31. Criminal justice improvement account (21945).
39 32. Environmental laboratory reference fee account (21959).
40 33. Training, management and evaluation account (21961).
41 34. Clinical laboratory reference system assessment account (21962).
42 35. Indirect cost recovery account (21978).
43 36. High school equivalency program account (21979).
44 37. Multi-agency training account (21989).
45 38. Interstate reciprocity for post-secondary distance education
46 account (23800).
47 39. Bell jar collection account (22003).
48 40. Industry and utility service account (22004).
49 41. Real property disposition account (22006).
50 42. Parking account (22007).
51 43. Courts special grants (22008).
52 44. Asbestos safety training program account (22009).
53 45. Camp Smith billeting account (22017).
54 46. Batavia school for the blind account (22032).
55 47. Investment services account (22034).
S. 1505--A 19 A. 2005--A
1 48. Surplus property account (22036).
2 49. Financial oversight account (22039).
3 50. Regulation of Indian gaming account (22046).
4 51. Rome school for the deaf account (22053).
5 52. Seized assets account (22054).
6 53. Administrative adjudication account (22055).
7 54. Federal salary sharing account (22056).
8 55. New York City assessment account (22062).
9 56. Cultural education account (22063).
10 57. Local services account (22078).
11 58. DHCR mortgage servicing account (22085).
12 59. Housing indirect cost recovery account (22090).
13 60. DHCR-HCA application fee account (22100).
14 61. Low income housing monitoring account (22130).
15 62. Corporation administration account (22135).
16 63. Montrose veteran's home account (22144).
17 64. Deferred compensation administration account (22151).
18 65. Rent revenue other New York City account (22156).
19 66. Rent revenue account (22158).
20 67. Tax revenue arrearage account (22168).
21 68. State university general income offset account (22654).
22 69. Lake George park trust fund account (22751).
23 70. State police motor vehicle law enforcement account (22802).
24 71. Highway safety program account (23001).
25 72. DOH drinking water program account (23102).
26 73. NYCCC operating offset account (23151).
27 74. Commercial gaming revenue account (23701).
28 75. Commercial gaming regulation account (23702).
29 76. Highway use tax administration account (23801).
30 77. Fantasy sports administration account (24951).
31 78. Highway and bridge capital account (30051).
32 79. Aviation purpose account (30053).
33 80. State university residence hall rehabilitation fund (30100).
34 81. State parks infrastructure account (30351).
35 82. Clean water/clean air implementation fund (30500).
36 83. Hazardous waste remedial cleanup account (31506).
37 84. Youth facilities improvement account (31701).
38 85. Housing assistance fund (31800).
39 86. Housing program fund (31850).
40 87. Highway facility purpose account (31951).
41 88. Information technology capital financing account (32215).
42 89. New York racing account (32213).
43 90. Capital miscellaneous gifts account (32214).
44 91. New York environmental protection and spill remediation account
45 (32219).
46 92. Mental hygiene facilities capital improvement fund (32300).
47 93. Correctional facilities capital improvement fund (32350).
48 94. New York State Storm Recovery Capital Fund (33000).
49 95. OGS convention center account (50318).
50 96. Empire Plaza Gift Shop (50327).
51 97. Centralized services fund (55000).
52 98. Archives records management account (55052).
53 99. Federal single audit account (55053).
54 100. Civil service EHS occupational health program account (55056).
55 101. Banking services account (55057).
56 102. Cultural resources survey account (55058).
S. 1505--A 20 A. 2005--A
1 103. Neighborhood work project account (55059).
2 104. Automation & printing chargeback account (55060).
3 105. OFT NYT account (55061).
4 106. Data center account (55062).
5 107. Intrusion detection account (55066).
6 108. Domestic violence grant account (55067).
7 109. Centralized technology services account (55069).
8 110. Labor contact center account (55071).
9 111. Human services contact center account (55072).
10 112. Tax contact center account (55073).
11 113. Executive direction internal audit account (55251).
12 114. CIO Information technology centralized services account (55252).
13 115. Health insurance internal service account (55300).
14 116. Civil service employee benefits division administrative account
15 (55301).
16 117. Correctional industries revolving fund (55350).
17 118. Employees health insurance account (60201).
18 119. Medicaid management information system escrow fund (60900).
19 120. Department of law civil recoveries account (55074).
20 121. Utility environmental regulatory account (21064).
21 122. New York state secure choice administrative account (23806).
22 123. New York state medical indemnity fund account (_____).
23 124. New York state cannabis revenue fund (_____).
24 § 1-a. The state comptroller is hereby authorized and directed to loan
25 money in accordance with the provisions set forth in subdivision 5 of
26 section 4 of the state finance law to any account within the following
27 federal funds, provided the comptroller has made a determination that
28 sufficient federal grant award authority is available to reimburse such
29 loans:
30 1. Federal USDA-food and nutrition services fund (25000).
31 2. Federal health and human services fund (25100).
32 3. Federal education fund (25200).
33 4. Federal block grant fund (25250).
34 5. Federal miscellaneous operating grants fund (25300).
35 6. Federal unemployment insurance administration fund (25900).
36 7. Federal unemployment insurance occupational training fund (25950).
37 8. Federal emergency employment act fund (26000).
38 9. Federal capital projects fund (31350).
39 § 1-b. The state comptroller is hereby authorized and directed to loan
40 money in accordance with the provisions set forth in subdivision 5 of
41 section 4 of the state finance law to any fund within the special reven-
42 ue, capital projects, proprietary or fiduciary funds for the purpose of
43 payment of any fringe benefit or indirect cost liabilities or obli-
44 gations incurred.
45 § 2. Notwithstanding any law to the contrary, and in accordance with
46 section 4 of the state finance law, the comptroller is hereby authorized
47 and directed to transfer, upon request of the director of the budget, on
48 or before March 31, 2020, up to the unencumbered balance or the follow-
49 ing amounts:
50 Economic Development and Public Authorities:
51 1. $175,000 from the miscellaneous special revenue fund, underground
52 facilities safety training account (22172), to the general fund.
53 2. An amount up to the unencumbered balance from the miscellaneous
54 special revenue fund, business and licensing services account (21977),
55 to the general fund.
S. 1505--A 21 A. 2005--A
1 3. $14,810,000 from the miscellaneous special revenue fund, code
2 enforcement account (21904), to the general fund.
3 4. $3,000,000 from the general fund to the miscellaneous special
4 revenue fund, tax revenue arrearage account (22168).
5 Education:
6 1. $2,679,000,000 from the general fund to the state lottery fund,
7 education account (20901), as reimbursement for disbursements made from
8 such fund for supplemental aid to education pursuant to section 92-c of
9 the state finance law that are in excess of the amounts deposited in
10 such fund for such purposes pursuant to section 1612 of the tax law.
11 2. $987,200,000 from the general fund to the state lottery fund, VLT
12 education account (20904), as reimbursement for disbursements made from
13 such fund for supplemental aid to education pursuant to section 92-c of
14 the state finance law that are in excess of the amounts deposited in
15 such fund for such purposes pursuant to section 1612 of the tax law.
16 3. $154,400,000 from the general fund to the New York state commercial
17 gaming fund, commercial gaming revenue account (23701), as reimbursement
18 for disbursements made from such fund for supplemental aid to education
19 pursuant to section 97-nnnn of the state finance law that are in excess
20 of the amounts deposited in such fund for purposes pursuant to section
21 1352 of the racing, pari-mutuel wagering and breeding law.
22 4. $18,000,000 from the interactive fantasy sports fund, fantasy
23 sports education account (24950), to the state lottery fund, education
24 account (20901), as reimbursement for disbursements made from such fund
25 for supplemental aid to education pursuant to section 92-c of the state
26 finance law.
27 5. $36,211,000 from the charitable gifts trust fund, elementary and
28 secondary education account (24901), to the general fund, for payment of
29 general support for public schools pursuant to section 3609-a of the
30 education law.
31 6. Moneys from the state lottery fund (20900) up to an amount deposit-
32 ed in such fund pursuant to section 1612 of the tax law in excess of the
33 current year appropriation for supplemental aid to education pursuant to
34 section 92-c of the state finance law.
35 7. $300,000 from the New York state local government records manage-
36 ment improvement fund, local government records management account
37 (20501), to the New York state archives partnership trust fund, archives
38 partnership trust maintenance account (20351).
39 8. $900,000 from the general fund to the miscellaneous special revenue
40 fund, Batavia school for the blind account (22032).
41 9. $900,000 from the general fund to the miscellaneous special revenue
42 fund, Rome school for the deaf account (22053).
43 10. $343,400,000 from the state university dormitory income fund
44 (40350) to the miscellaneous special revenue fund, state university
45 dormitory income reimbursable account (21937).
46 11. $8,318,000 from the general fund to the state university income
47 fund, state university income offset account (22654), for the state's
48 share of repayment of the STIP loan.
49 12. $44,000,000 from the state university income fund, state universi-
50 ty hospitals income reimbursable account (22656) to the general fund for
51 hospital debt service for the period April 1, 2019 through March 31,
52 2020.
53 13. $7,200,000 from the miscellaneous special revenue fund, office of
54 the professions account (22051), to the miscellaneous capital projects
55 fund, office of the professions electronic licensing account (32200).
S. 1505--A 22 A. 2005--A
1 14. $24,000,000 from any of the state education department's special
2 revenue and internal service funds to the miscellaneous special revenue
3 fund, indirect cost recovery account (21978) or to the federal miscella-
4 neous operating grants fund, federal indirect cost recovery account.
5 15. $6,600,000 from any of the state education department's special
6 revenue or internal service funds to the capital projects fund (30000).
7 Environmental Affairs:
8 1. $16,000,000 from any of the department of environmental conserva-
9 tion's special revenue federal funds to the environmental conservation
10 special revenue fund, federal indirect recovery account (21065).
11 2. $5,000,000 from any of the department of environmental conserva-
12 tion's special revenue federal funds to the conservation fund (21150) or
13 Marine Resources Account (21151) as necessary to avoid diversion of
14 conservation funds.
15 3. $3,000,000 from any of the office of parks, recreation and historic
16 preservation capital projects federal funds and special revenue federal
17 funds to the miscellaneous special revenue fund, federal grant indirect
18 cost recovery account (22188).
19 4. $1,000,000 from any of the office of parks, recreation and historic
20 preservation special revenue federal funds to the miscellaneous capital
21 projects fund, I love NY water account (32212).
22 5. $28,000,000 from the general fund to the environmental protection
23 fund, environmental protection fund transfer account (30451).
24 6. $1,800,000 from the general fund to the hazardous waste remedial
25 fund, hazardous waste oversight and assistance account (31505).
26 7. An amount up to or equal to the cash balance within the special
27 revenue-other waste management & cleanup account (21053) to the capital
28 projects fund (30000) for services and capital expenses related to the
29 management and cleanup program as put forth in section 27-1915 of the
30 environmental conservation law.
31 8. $1,800,000 from the miscellaneous special revenue fund, public
32 service account (22011) to the miscellaneous special revenue fund, util-
33 ity environmental regulatory account (21064).
34 9. $500,000 from the general fund to the enterprise fund, state fair
35 account (50051).
36 10. $2,200,000 from the miscellaneous special revenue fund, public
37 service account (22011) to the general fund.
38 Family Assistance:
39 1. $7,000,000 from any of the office of children and family services,
40 office of temporary and disability assistance, or department of health
41 special revenue federal funds and the general fund, in accordance with
42 agreements with social services districts, to the miscellaneous special
43 revenue fund, office of human resources development state match account
44 (21967).
45 2. $4,000,000 from any of the office of children and family services
46 or office of temporary and disability assistance special revenue federal
47 funds to the miscellaneous special revenue fund, family preservation and
48 support services and family violence services account (22082).
49 3. $18,670,000 from any of the office of children and family services,
50 office of temporary and disability assistance, or department of health
51 special revenue federal funds and any other miscellaneous revenues
52 generated from the operation of office of children and family services
53 programs to the general fund.
54 4. $125,000,000 from any of the office of temporary and disability
55 assistance or department of health special revenue funds to the general
56 fund.
S. 1505--A 23 A. 2005--A
1 5. $2,500,000 from any of the office of temporary and disability
2 assistance special revenue funds to the miscellaneous special revenue
3 fund, office of temporary and disability assistance program account
4 (21980).
5 6. $24,000,000 from any of the office of children and family services,
6 office of temporary and disability assistance, department of labor, and
7 department of health special revenue federal funds to the office of
8 children and family services miscellaneous special revenue fund, multi-
9 agency training contract account (21989).
10 7. $205,000,000 from the miscellaneous special revenue fund, youth
11 facility per diem account (22186), to the general fund.
12 8. $621,850 from the general fund to the combined gifts, grants, and
13 bequests fund, WB Hoyt Memorial account (20128).
14 9. $5,000,000 from the miscellaneous special revenue fund, state
15 central registry (22028), to the general fund.
16 General Government:
17 1. $1,566,000 from the miscellaneous special revenue fund, examination
18 and miscellaneous revenue account (22065) to the general fund.
19 2. $8,083,000 from the general fund to the health insurance revolving
20 fund (55300).
21 3. $292,400,000 from the health insurance reserve receipts fund
22 (60550) to the general fund.
23 4. $150,000 from the general fund to the not-for-profit revolving loan
24 fund (20650).
25 5. $150,000 from the not-for-profit revolving loan fund (20650) to the
26 general fund.
27 6. $3,000,000 from the miscellaneous special revenue fund, surplus
28 property account (22036), to the general fund.
29 7. $19,000,000 from the miscellaneous special revenue fund, revenue
30 arrearage account (22024), to the general fund.
31 8. $1,826,000 from the miscellaneous special revenue fund, revenue
32 arrearage account (22024), to the miscellaneous special revenue fund,
33 authority budget office account (22138).
34 9. $1,000,000 from the miscellaneous special revenue fund, parking
35 services account (22007), to the general fund, for the purpose of reim-
36 bursing the costs of debt service related to state parking facilities.
37 10. $9,632,000 from the general fund to the centralized services fund,
38 COPS account (55013).
39 11. $13,854,000 from the general fund to the agencies internal service
40 fund, central technology services account (55069), for the purpose of
41 enterprise technology projects.
42 12. $10,000,000 from the general fund to the agencies internal service
43 fund, state data center account (55062).
44 13. $20,000,000 from the miscellaneous special revenue fund, workers'
45 compensation account (21995), to the miscellaneous capital projects
46 fund, workers' compensation board IT business process design fund,
47 (32218).
48 14. $12,000,000 from the miscellaneous special revenue fund, parking
49 services account (22007), to the centralized services, building support
50 services account (55018).
51 15. $30,000,000 from the general fund to the internal service fund,
52 business services center account (55022).
53 16. $8,000,000 from the general fund to the internal service fund,
54 building support services account (55018).
55 17. $1,500,000 from the combined expendable trust, special events
56 account (20120), to the general fund.
S. 1505--A 24 A. 2005--A
1 Health:
2 1. A transfer from the general fund to the combined gifts, grants and
3 bequests fund, breast cancer research and education account (20155), up
4 to an amount equal to the monies collected and deposited into that
5 account in the previous fiscal year.
6 2. A transfer from the general fund to the combined gifts, grants and
7 bequests fund, prostate cancer research, detection, and education
8 account (20183), up to an amount equal to the moneys collected and
9 deposited into that account in the previous fiscal year.
10 3. A transfer from the general fund to the combined gifts, grants and
11 bequests fund, Alzheimer's disease research and assistance account
12 (20143), up to an amount equal to the moneys collected and deposited
13 into that account in the previous fiscal year.
14 4. $33,134,000 from the HCRA resources fund (20800) to the miscella-
15 neous special revenue fund, empire state stem cell trust fund account
16 (22161).
17 5. $6,000,000 from the miscellaneous special revenue fund, certificate
18 of need account (21920), to the miscellaneous capital projects fund,
19 healthcare IT capital subfund (32216).
20 6. $2,000,000 from the miscellaneous special revenue fund, vital
21 health records account (22103), to the miscellaneous capital projects
22 fund, healthcare IT capital subfund (32216).
23 7. $2,000,000 from the miscellaneous special revenue fund, profes-
24 sional medical conduct account (22088), to the miscellaneous capital
25 projects fund, healthcare IT capital subfund (32216).
26 8. $91,304,000 from the HCRA resources fund (20800) to the capital
27 projects fund (30000).
28 9. $6,550,000 from the general fund to the medical marihuana trust
29 fund, health operation and oversight account (23755).
30 10. $1,086,000 from the miscellaneous special revenue fund, certif-
31 icate of need account (21920), to the general fund.
32 11. $59,000,000 from the charitable gifts trust fund, health charita-
33 ble account (24900), to the general fund, for payment of general support
34 for primary, preventive, and inpatient health care, dental and vision
35 care, hunger prevention and nutritional assistance, and other services
36 for New York state residents with the overall goal of ensuring that New
37 York state residents have access to quality health care and other
38 related services.
39 Labor:
40 1. $500,000 from the miscellaneous special revenue fund, DOL fee and
41 penalty account (21923), to the child performer's protection fund, child
42 performer protection account (20401).
43 2. $11,700,000 from the unemployment insurance interest and penalty
44 fund, unemployment insurance special interest and penalty account
45 (23601), to the general fund.
46 3. $5,000,000 from the miscellaneous special revenue fund, workers'
47 compensation account (21995), to the training and education program
48 occupation safety and health fund, OSHA-training and education account
49 (21251) and occupational health inspection account (21252).
50 Mental Hygiene:
51 1. $10,000,000 from the general fund, to the miscellaneous special
52 revenue fund, federal salary sharing account (22056).
53 2. $3,800,000 from the general fund, to the agencies internal service
54 fund, civil service EHS occupational health program account (55056).
55 Public Protection:
S. 1505--A 25 A. 2005--A
1 1. $1,350,000 from the miscellaneous special revenue fund, emergency
2 management account (21944), to the general fund.
3 2. $2,087,000 from the general fund to the miscellaneous special
4 revenue fund, recruitment incentive account (22171).
5 3. $20,773,000 from the general fund to the correctional industries
6 revolving fund, correctional industries internal service account
7 (55350).
8 4. $60,000,000 from any of the division of homeland security and emer-
9 gency services special revenue federal funds to the general fund.
10 5. $9,500,000 from the miscellaneous special revenue fund, criminal
11 justice improvement account (21945), to the general fund.
12 6. $115,420,000 from the state police motor vehicle law enforcement
13 and motor vehicle theft and insurance fraud prevention fund, state
14 police motor vehicle enforcement account (22802), to the general fund
15 for state operation expenses of the division of state police.
16 7. $119,500,000 from the general fund to the correctional facilities
17 capital improvement fund (32350).
18 8. $5,000,000 from the general fund to the dedicated highway and
19 bridge trust fund (30050) for the purpose of work zone safety activities
20 provided by the division of state police for the department of transpor-
21 tation.
22 9. $10,000,000 from the miscellaneous special revenue fund, statewide
23 public safety communications account (22123), to the capital projects
24 fund (30000).
25 10. $29,080,000 from the miscellaneous special revenue fund, legal
26 services assistance account (22096), to the general fund.
27 11. $1,000,000 from the general fund to the agencies internal service
28 fund, neighborhood work project account (55059).
29 12. $7,980,000 from the miscellaneous special revenue fund, finger-
30 print identification & technology account (21950), to the general fund.
31 13. $1,400,000 from the state police motor vehicle law enforcement and
32 motor vehicle theft and insurance fraud prevention fund, motor vehicle
33 theft and insurance fraud account (22801), to the general fund.
34 14. $150,000 from the medical marihuana trust fund, law enforcement
35 account (23753), to the general fund.
36 15. $25,000,000 from the miscellaneous special revenue fund, statewide
37 public safety communications account (22123), to the general fund.
38 16. A transfer of the unencumbered balance from the miscellaneous
39 special revenue fund, airport security account (22199), to the miscella-
40 neous special revenue fund, securing the cities account.
41 Transportation:
42 1. $17,672,000 from the federal miscellaneous operating grants fund to
43 the miscellaneous special revenue fund, New York Metropolitan Transpor-
44 tation Council account (21913).
45 2. $20,147,000 from the federal capital projects fund to the miscella-
46 neous special revenue fund, New York Metropolitan Transportation Council
47 account (21913).
48 3. $15,181,992 from the general fund to the mass transportation oper-
49 ating assistance fund, public transportation systems operating assist-
50 ance account (21401), of which $12,000,000 constitutes the base need for
51 operations.
52 4. $727,500,000 from the general fund to the dedicated highway and
53 bridge trust fund (30050).
54 5. $244,250,000 from the general fund to the MTA financial assistance
55 fund, mobility tax trust account (23651).
S. 1505--A 26 A. 2005--A
1 6. $5,000,000 from the miscellaneous special revenue fund, transporta-
2 tion regulation account (22067) to the dedicated highway and bridge
3 trust fund (30050), for disbursements made from such fund for motor
4 carrier safety that are in excess of the amounts deposited in the dedi-
5 cated highway and bridge trust fund (30050) for such purpose pursuant to
6 section 94 of the transportation law.
7 7. $3,000,000 from the miscellaneous special revenue fund, traffic
8 adjudication account (22055), to the general fund.
9 8. $17,421,000 from the mass transportation operating assistance fund,
10 metropolitan mass transportation operating assistance account (21402),
11 to the capital projects fund (30000).
12 9. $5,000,000 from the miscellaneous special revenue fund, transporta-
13 tion regulation account (22067) to the general fund, for disbursements
14 made from such fund for motor carrier safety that are in excess of the
15 amounts deposited in the general fund for such purpose pursuant to
16 section 94 of the transportation law.
17 Miscellaneous:
18 1. $250,000,000 from the general fund to any funds or accounts for the
19 purpose of reimbursing certain outstanding accounts receivable balances.
20 2. $500,000,000 from the general fund to the debt reduction reserve
21 fund (40000).
22 3. $450,000,000 from the New York state storm recovery capital fund
23 (33000) to the revenue bond tax fund (40152).
24 4. $18,550,000 from the general fund, community projects account GG
25 (10256), to the general fund, state purposes account (10050).
26 5. $100,000,000 from any special revenue federal fund to the general
27 fund, state purposes account (10050).
28 § 3. Notwithstanding any law to the contrary, and in accordance with
29 section 4 of the state finance law, the comptroller is hereby authorized
30 and directed to transfer, on or before March 31, 2020:
31 1. Upon request of the commissioner of environmental conservation, up
32 to $12,659,400 from revenues credited to any of the department of envi-
33 ronmental conservation special revenue funds, including $4,000,000 from
34 the environmental protection and oil spill compensation fund (21200),
35 and $1,831,600 from the conservation fund (21150), to the environmental
36 conservation special revenue fund, indirect charges account (21060).
37 2. Upon request of the commissioner of agriculture and markets, up to
38 $3,000,000 from any special revenue fund or enterprise fund within the
39 department of agriculture and markets to the general fund, to pay appro-
40 priate administrative expenses.
41 3. Upon request of the commissioner of agriculture and markets, up to
42 $2,000,000 from the state exposition special fund, state fair receipts
43 account (50051) to the miscellaneous capital projects fund, state fair
44 capital improvement account (32208).
45 4. Upon request of the commissioner of the division of housing and
46 community renewal, up to $6,221,000 from revenues credited to any divi-
47 sion of housing and community renewal federal or miscellaneous special
48 revenue fund to the miscellaneous special revenue fund, housing indirect
49 cost recovery account (22090).
50 5. Upon request of the commissioner of the division of housing and
51 community renewal, up to $5,500,000 may be transferred from any miscel-
52 laneous special revenue fund account, to any miscellaneous special
53 revenue fund.
54 6. Upon request of the commissioner of health up to $8,500,000 from
55 revenues credited to any of the department of health's special revenue
S. 1505--A 27 A. 2005--A
1 funds, to the miscellaneous special revenue fund, administration account
2 (21982).
3 § 4. On or before March 31, 2020, the comptroller is hereby authorized
4 and directed to deposit earnings that would otherwise accrue to the
5 general fund that are attributable to the operation of section 98-a of
6 the state finance law, to the agencies internal service fund, banking
7 services account (55057), for the purpose of meeting direct payments
8 from such account.
9 § 5. Notwithstanding any law to the contrary, upon the direction of
10 the director of the budget and upon requisition by the state university
11 of New York, the dormitory authority of the state of New York is
12 directed to transfer, up to $22,000,000 in revenues generated from the
13 sale of notes or bonds, the state university income fund general revenue
14 account (22653) for reimbursement of bondable equipment for further
15 transfer to the state's general fund.
16 § 6. Notwithstanding any law to the contrary, and in accordance with
17 section 4 of the state finance law, the comptroller is hereby authorized
18 and directed to transfer, upon request of the director of the budget and
19 upon consultation with the state university chancellor or his or her
20 designee, on or before March 31, 2020, up to $16,000,000 from the state
21 university income fund general revenue account (22653) to the state
22 general fund for debt service costs related to campus supported capital
23 project costs for the NY-SUNY 2020 challenge grant program at the
24 University at Buffalo.
25 § 7. Notwithstanding any law to the contrary, and in accordance with
26 section 4 of the state finance law, the comptroller is hereby authorized
27 and directed to transfer, upon request of the director of the budget and
28 upon consultation with the state university chancellor or his or her
29 designee, on or before March 31, 2020, up to $6,500,000 from the state
30 university income fund general revenue account (22653) to the state
31 general fund for debt service costs related to campus supported capital
32 project costs for the NY-SUNY 2020 challenge grant program at the
33 University at Albany.
34 § 8. Notwithstanding any law to the contrary, the state university
35 chancellor or his or her designee is authorized and directed to transfer
36 estimated tuition revenue balances from the state university collection
37 fund (61000) to the state university income fund, state university
38 general revenue offset account (22655) on or before March 31, 2020.
39 § 9. Notwithstanding any law to the contrary, and in accordance with
40 section 4 of the state finance law, the comptroller is hereby authorized
41 and directed to transfer, upon request of the director of the budget, up
42 to $1,001,800,300 from the general fund to the state university income
43 fund, state university general revenue offset account (22655) during the
44 period of July 1, 2019 through June 30, 2020 to support operations at
45 the state university.
46 § 10. Notwithstanding any law to the contrary, and in accordance with
47 section 4 of the state finance law, the comptroller is hereby authorized
48 and directed to transfer, upon request of the director of the budget, up
49 to $109,500,000 from the general fund to the state university income
50 fund, state university general revenue offset account (22655) during the
51 period of April 1, 2019 through June 30, 2019 to support operations at
52 the state university.
53 § 11. Notwithstanding any law to the contrary, and in accordance with
54 section 4 of the state finance law, the comptroller is hereby authorized
55 and directed to transfer, upon request of the director of the budget, up
56 to $20,000,000 from the general fund to the state university income
S. 1505--A 28 A. 2005--A
1 fund, state university general revenue offset account (22655) during the
2 period of July 1, 2019 to June 30, 2020 to support operations at the
3 state university in accordance with the maintenance of effort pursuant
4 to clause (v) of subparagraph (4) of paragraph h of subdivision 2 of
5 section 355 of the education law.
6 § 12. Notwithstanding any law to the contrary, and in accordance with
7 section 4 of the state finance law, the comptroller is hereby authorized
8 and directed to transfer, upon request of the state university chancel-
9 lor or his or her designee, up to $55,000,000 from the state university
10 income fund, state university hospitals income reimbursable account
11 (22656), for services and expenses of hospital operations and capital
12 expenditures at the state university hospitals; and the state university
13 income fund, Long Island veterans' home account (22652) to the state
14 university capital projects fund (32400) on or before June 30, 2020.
15 § 13. Notwithstanding any law to the contrary, and in accordance with
16 section 4 of the state finance law, the comptroller, after consultation
17 with the state university chancellor or his or her designee, is hereby
18 authorized and directed to transfer moneys, in the first instance, from
19 the state university collection fund, Stony Brook hospital collection
20 account (61006), Brooklyn hospital collection account (61007), and Syra-
21 cuse hospital collection account (61008) to the state university income
22 fund, state university hospitals income reimbursable account (22656) in
23 the event insufficient funds are available in the state university
24 income fund, state university hospitals income reimbursable account
25 (22656) to permit the full transfer of moneys authorized for transfer,
26 to the general fund for payment of debt service related to the SUNY
27 hospitals. Notwithstanding any law to the contrary, the comptroller is
28 also hereby authorized and directed, after consultation with the state
29 university chancellor or his or her designee, to transfer moneys from
30 the state university income fund to the state university income fund,
31 state university hospitals income reimbursable account (22656) in the
32 event insufficient funds are available in the state university income
33 fund, state university hospitals income reimbursable account (22656) to
34 pay hospital operating costs or to permit the full transfer of moneys
35 authorized for transfer, to the general fund for payment of debt service
36 related to the SUNY hospitals on or before March 31, 2020.
37 § 14. Notwithstanding any law to the contrary, upon the direction of
38 the director of the budget and the chancellor of the state university of
39 New York or his or her designee, and in accordance with section 4 of the
40 state finance law, the comptroller is hereby authorized and directed to
41 transfer monies from the state university dormitory income fund (40350)
42 to the state university residence hall rehabilitation fund (30100), and
43 from the state university residence hall rehabilitation fund (30100) to
44 the state university dormitory income fund (40350), in an amount not to
45 exceed $80 million from each fund.
46 § 15. Notwithstanding any law to the contrary, and in accordance with
47 section 4 of the state finance law, the comptroller is hereby authorized
48 and directed to transfer monies, upon request of the director of the
49 budget, on or before March 31, 2020, from and to any of the following
50 accounts: the miscellaneous special revenue fund, patient income account
51 (21909), the miscellaneous special revenue fund, mental hygiene program
52 fund account (21907), the miscellaneous special revenue fund, federal
53 salary sharing account (22056), or the general fund in any combination,
54 the aggregate of which shall not exceed $350 million.
55 § 16. Notwithstanding any law to the contrary, and in accordance with
56 section 4 of the state finance law, the comptroller is hereby authorized
S. 1505--A 29 A. 2005--A
1 and directed to transfer, at the request of the director of the budget,
2 up to $650 million from the unencumbered balance of any special revenue
3 fund or account, agency fund or account, internal service fund or
4 account, enterprise fund or account, or any combination of such funds
5 and accounts, to the general fund. The amounts transferred pursuant to
6 this authorization shall be in addition to any other transfers expressly
7 authorized in the 2019-20 budget. Transfers from federal funds, debt
8 service funds, capital projects funds, the community projects fund, or
9 funds that would result in the loss of eligibility for federal benefits
10 or federal funds pursuant to federal law, rule, or regulation as assent-
11 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
12 1951 are not permitted pursuant to this authorization.
13 § 17. Notwithstanding any law to the contrary, and in accordance with
14 section 4 of the state finance law, the comptroller is hereby authorized
15 and directed to transfer, at the request of the director of the budget,
16 up to $100 million from any non-general fund or account, or combination
17 of funds and accounts, to the miscellaneous special revenue fund, tech-
18 nology financing account (22207), the miscellaneous capital projects
19 fund, information technology capital financing account (32215), or the
20 centralized technology services account (55069), for the purpose of
21 consolidating technology procurement and services. The amounts trans-
22 ferred to the miscellaneous special revenue fund, technology financing
23 account (22207) pursuant to this authorization shall be equal to or less
24 than the amount of such monies intended to support information technolo-
25 gy costs which are attributable, according to a plan, to such account
26 made in pursuance to an appropriation by law. Transfers to the technolo-
27 gy financing account shall be completed from amounts collected by non-
28 general funds or accounts pursuant to a fund deposit schedule or perma-
29 nent statute, and shall be transferred to the technology financing
30 account pursuant to a schedule agreed upon by the affected agency
31 commissioner. Transfers from funds that would result in the loss of
32 eligibility for federal benefits or federal funds pursuant to federal
33 law, rule, or regulation as assented to in chapter 683 of the laws of
34 1938 and chapter 700 of the laws of 1951 are not permitted pursuant to
35 this authorization.
36 § 18. Notwithstanding any law to the contrary, and in accordance with
37 section 4 of the state finance law, the comptroller is hereby authorized
38 and directed to transfer, at the request of the director of the budget,
39 up to $400 million from any non-general fund or account, or combination
40 of funds and accounts, to the general fund for the purpose of consol-
41 idating technology procurement and services. The amounts transferred
42 pursuant to this authorization shall be equal to or less than the amount
43 of such monies intended to support information technology costs which
44 are attributable, according to a plan, to such account made in pursuance
45 to an appropriation by law. Transfers to the general fund shall be
46 completed from amounts collected by non-general funds or accounts pursu-
47 ant to a fund deposit schedule. Transfers from funds that would result
48 in the loss of eligibility for federal benefits or federal funds pursu-
49 ant to federal law, rule, or regulation as assented to in chapter 683 of
50 the laws of 1938 and chapter 700 of the laws of 1951 are not permitted
51 pursuant to this authorization.
52 § 19. Notwithstanding any provision of law to the contrary, as deemed
53 feasible and advisable by its trustees, the power authority of the state
54 of New York is authorized and directed to transfer to the state treasury
55 to the credit of the general fund $20,000,000 for the state fiscal year
S. 1505--A 30 A. 2005--A
1 commencing April 1, 2019, the proceeds of which will be utilized to
2 support energy-related state activities.
3 § 20. Notwithstanding any provision of law, rule or regulation to the
4 contrary, the New York state energy research and development authority
5 is authorized and directed to make the following contributions to the
6 state treasury to the credit of the general fund on or before March 31,
7 2020: (a) $913,000; and (b) $23,000,000 from proceeds collected by the
8 authority from the auction or sale of carbon dioxide emission allowances
9 allocated by the department of environmental conservation.
10 § 21. Subdivision 5 of section 97-rrr of the state finance law, as
11 amended by section 22 of part BBB of chapter 59 of the laws of 2018, is
12 amended to read as follows:
13 5. Notwithstanding the provisions of section one hundred seventy-one-a
14 of the tax law, as separately amended by chapters four hundred eighty-
15 one and four hundred eighty-four of the laws of nineteen hundred eight-
16 y-one, and notwithstanding the provisions of chapter ninety-four of the
17 laws of two thousand eleven, or any other provisions of law to the
18 contrary, during the fiscal year beginning April first, two thousand
19 [eighteen] nineteen, the state comptroller is hereby authorized and
20 directed to deposit to the fund created pursuant to this section from
21 amounts collected pursuant to article twenty-two of the tax law and
22 pursuant to a schedule submitted by the director of the budget, up to
23 [$2,458,909,000] $2,185,995,000, as may be certified in such schedule as
24 necessary to meet the purposes of such fund for the fiscal year begin-
25 ning April first, two thousand [eighteen] nineteen.
26 § 22. Notwithstanding any law to the contrary, the comptroller is
27 hereby authorized and directed to transfer, upon request of the director
28 of the budget, on or before March 31, 2020, the following amounts from
29 the following special revenue accounts to the capital projects fund
30 (30000), for the purposes of reimbursement to such fund for expenses
31 related to the maintenance and preservation of state assets:
32 1. $43,000 from the miscellaneous special revenue fund, administrative
33 program account (21982).
34 2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
35 hospital account (22140).
36 3. $366,000 from the miscellaneous special revenue fund, New York city
37 veterans' home account (22141).
38 4. $513,000 from the miscellaneous special revenue fund, New York
39 state home for veterans' and their dependents at oxford account (22142).
40 5. $159,000 from the miscellaneous special revenue fund, western New
41 York veterans' home account (22143).
42 6. $323,000 from the miscellaneous special revenue fund, New York
43 state for veterans in the lower-hudson valley account (22144).
44 7. $2,550,000 from the miscellaneous special revenue fund, patron
45 services account (22163).
46 8. $830,000 from the miscellaneous special revenue fund, long island
47 veterans' home account (22652).
48 9. $5,379,000 from the miscellaneous special revenue fund, state
49 university general income reimbursable account (22653).
50 10. $112,556,000 from the miscellaneous special revenue fund, state
51 university revenue offset account (22655).
52 11. $557,000 from the miscellaneous special revenue fund, state
53 university of New York tuition reimbursement account (22659).
54 12. $41,930,000 from the state university dormitory income fund, state
55 university dormitory income fund (40350).
S. 1505--A 31 A. 2005--A
1 13. $1,000,000 from the miscellaneous special revenue fund, litigation
2 settlement and civil recovery account (22117).
3 § 22-a. Subdivision 4 of section 97-rrr of the state finance law, as
4 added by section 22-b of part XXX of chapter 59 of the laws of 2017, is
5 amended to read as follows:
6 4. Any amounts disbursed from such fund shall be excluded from the
7 calculation of annual spending growth in state operating funds [until
8 June 30, 2019].
9 § 23. Notwithstanding any provision of law to the contrary, in the
10 event that federal legislation, federal regulatory actions, federal
11 executive actions or federal judicial actions in federal fiscal year
12 2020 reduce federal financial participation in Medicaid funding to New
13 York state or its subdivisions by $850 million or more in state fiscal
14 years 2019-20 or 2020-21, the director of the division of the budget
15 shall notify the temporary president of the senate and the speaker of
16 the assembly in writing that the federal actions will reduce expected
17 funding to New York state. The director of the division of the budget
18 shall prepare a plan that shall be submitted to the legislature, which
19 shall (a) specify the total amount of the reduction in federal financial
20 participation in Medicaid, (b) itemize the specific programs and activ-
21 ities that will be affected by the reduction in federal financial
22 participation in Medicaid, and (c) identify the general fund and state
23 special revenue fund appropriations and related disbursements that shall
24 be reduced, and in what program areas, provided, however, that such
25 reductions to appropriations and disbursements shall be applied equally
26 and proportionally to the programs affected by the reduction in federal
27 financial participation in Medicaid. Upon such submission, the legisla-
28 ture shall have 90 days after such submission to either prepare its own
29 plan, which may be adopted by concurrent resolution passed by both hous-
30 es, or if after 90 days the legislature fails to adopt their own plan,
31 the reductions to the general fund and state special revenue fund appro-
32 priations and related disbursements identified in the division of the
33 budget plan will go into effect automatically.
34 § 24. Notwithstanding any provision of law to the contrary, in the
35 event that federal legislation, federal regulatory actions, federal
36 executive actions or federal judicial actions in federal fiscal year
37 2020 reduce federal financial participation or other federal aid in
38 funding to New York state that affects the state operating funds finan-
39 cial plan by $850 million or more in state fiscal years 2019-20 or
40 2020-21, exclusive of any cuts to Medicaid, the director of the division
41 of the budget shall notify the temporary president of the senate and the
42 speaker of the assembly in writing that the federal actions will reduce
43 expected funding to New York state. The director of the division of the
44 budget shall prepare a plan that shall be submitted to the legislature,
45 which shall (a) specify the total amount of the reduction in federal
46 aid, (b) itemize the specific programs and activities that will be
47 affected by the federal reductions, exclusive of Medicaid, and (c) iden-
48 tify the general fund and state special revenue fund appropriations and
49 related disbursements that shall be reduced, and in what program areas,
50 provided, however, that such reductions to appropriations and disburse-
51 ments shall be applied equally and proportionally. Upon such submission,
52 the legislature shall have 90 days after such submission to either
53 prepare its own plan, which may be adopted by concurrent resolution
54 passed by both houses, or if after 90 days the legislature fails to
55 adopt their own plan, the reductions to the general fund and state
S. 1505--A 32 A. 2005--A
1 special revenue fund appropriations and related disbursements identified
2 in the division of the budget plan will go into effect automatically.
3 § 25. The state finance law is amended by adding a new section 28 to
4 read as follows:
5 § 28. Reductions to enacted appropriations. 1. Notwithstanding any
6 other provision of law to the contrary, to maintain a balanced budget in
7 the event that the annual estimate for tax receipts for fiscal year
8 2019-20 is reduced by five hundred million dollars or more compared to
9 the estimate in the fiscal year 2019-20 Executive Budget Financial Plan,
10 the appropriations and related cash disbursements for all general fund
11 and state special revenue fund aid to localities appropriations shall be
12 uniformly reduced by the percentage set forth in a written allocation
13 plan prepared by the director of the budget, provided, however, that the
14 uniform percentage reduction shall not exceed three percent. The follow-
15 ing types of appropriations shall be exempt from uniform reduction: (a)
16 public assistance payments for families and individuals and payments for
17 eligible aged, blind and disabled persons related to supplemental social
18 security; (b) any reductions that would violate federal law; (c)
19 payments of debt service and related expenses for which the state is
20 constitutionally obligated to pay debt service or is contractually obli-
21 gated to pay debt service, subject to an appropriation, including where
22 the state has a contingent contractual obligation; (d) payments the
23 state is obligated to make pursuant to court orders or judgments; (e)
24 payments for CUNY senior colleges; (f) school aid; (g) Medicaid; and (h)
25 payments from the community projects fund.
26 2. Reductions under this section shall commence within ten days
27 following the publication of a financial plan required under sections
28 twenty-two or twenty-three of this article stating that the annual esti-
29 mate for tax receipts for fiscal year 2019-20 is reduced by five hundred
30 million dollars or more compared to the estimate in the fiscal year
31 2019-20 Executive Budget Financial Plan. Such reductions shall be
32 uniformly reduced in accordance with a written allocation plan prepared
33 by the director of the budget, which shall be filed with the state comp-
34 troller, the chairman of the senate finance committee and the chairman
35 of the assembly ways and means committee. Such written allocation plan
36 shall include a summary of the methodology for calculating the percent-
37 age reductions to the payments from non-exempt appropriations and cash
38 disbursements and the reasons for any exemptions, and a detailed sched-
39 ule of the reductions and exemptions. The director of the budget shall
40 prepare appropriately reduced certificates, which shall be filed with
41 the state comptroller, the chair of the senate finance committee and the
42 chair of the assembly ways and means committee.
43 3. On March thirty-first, two thousand twenty, the director of the
44 budget shall calculate the difference, if any, between the annual esti-
45 mate in tax receipts contained in the fiscal year 2020 Executive Budget
46 Financial Plan and actual tax collections for fiscal year 2019-20. If
47 actual tax receipts for fiscal year 2019-20 were not less than five
48 hundred million dollars below the annual estimate in tax receipts
49 contained in the Executive Budget Financial Plan for fiscal year 2019-
50 20, then the amounts withheld under this section shall be payable as
51 soon as practicable thereafter in the fiscal year 2021-22.
52 4. Notwithstanding any inconsistent provision of law, rule or regu-
53 lation, the effectiveness of the provisions of sections twenty-eight
54 hundred seven and thirty-six hundred fourteen of the public health law,
55 section eighteen of chapter two of the laws of nineteen hundred eighty-
56 eight, and 18 NYCRR § 505.14(h), as they relate to time frames for
S. 1505--A 33 A. 2005--A
1 notice, approval or certification of rates of payment, are hereby
2 suspended and without force or effect for purposes of implementing the
3 provisions of this act.
4 § 26. Notwithstanding any other law, rule, or regulation to the
5 contrary, the state comptroller is hereby authorized and directed to use
6 any balance remaining in the mental health services fund debt service
7 appropriation, after payment by the state comptroller of all obligations
8 required pursuant to any lease, sublease, or other financing arrangement
9 between the dormitory authority of the state of New York as successor to
10 the New York state medical care facilities finance agency, and the
11 facilities development corporation pursuant to chapter 83 of the laws of
12 1995 and the department of mental hygiene for the purpose of making
13 payments to the dormitory authority of the state of New York for the
14 amount of the earnings for the investment of monies deposited in the
15 mental health services fund that such agency determines will or may have
16 to be rebated to the federal government pursuant to the provisions of
17 the internal revenue code of 1986, as amended, in order to enable such
18 agency to maintain the exemption from federal income taxation on the
19 interest paid to the holders of such agency's mental services facilities
20 improvement revenue bonds. Annually on or before each June 30th, such
21 agency shall certify to the state comptroller its determination of the
22 amounts received in the mental health services fund as a result of the
23 investment of monies deposited therein that will or may have to be
24 rebated to the federal government pursuant to the provisions of the
25 internal revenue code of 1986, as amended.
26 § 27. Subdivision 1 of section 47 of section 1 of chapter 174 of the
27 laws of 1968, constituting the New York state urban development corpo-
28 ration act, as amended by section 31 of part BBB of chapter 59 of the
29 laws of 2018, is amended to read as follows:
30 1. Notwithstanding the provisions of any other law to the contrary,
31 the dormitory authority and the corporation are hereby authorized to
32 issue bonds or notes in one or more series for the purpose of funding
33 project costs for the office of information technology services, depart-
34 ment of law, and other state costs associated with such capital
35 projects. The aggregate principal amount of bonds authorized to be
36 issued pursuant to this section shall not exceed [five hundred forty
37 million nine hundred fifty-four thousand] six hundred sixty-two million
38 six hundred fifty-four thousand dollars, $662,654,000 excluding bonds
39 issued to fund one or more debt service reserve funds, to pay costs of
40 issuance of such bonds, and bonds or notes issued to refund or otherwise
41 repay such bonds or notes previously issued. Such bonds and notes of the
42 dormitory authority and the corporation shall not be a debt of the
43 state, and the state shall not be liable thereon, nor shall they be
44 payable out of any funds other than those appropriated by the state to
45 the dormitory authority and the corporation for principal, interest, and
46 related expenses pursuant to a service contract and such bonds and notes
47 shall contain on the face thereof a statement to such effect. Except for
48 purposes of complying with the internal revenue code, any interest
49 income earned on bond proceeds shall only be used to pay debt service on
50 such bonds.
51 § 28. Subdivision 1 of section 16 of part D of chapter 389 of the laws
52 of 1997, relating to the financing of the correctional facilities
53 improvement fund and the youth facility improvement fund, as amended by
54 section 32 of part BBB of chapter 59 of the laws of 2018, is amended to
55 read as follows:
S. 1505--A 34 A. 2005--A
1 1. Subject to the provisions of chapter 59 of the laws of 2000, but
2 notwithstanding the provisions of section 18 of section 1 of chapter 174
3 of the laws of 1968, the New York state urban development corporation is
4 hereby authorized to issue bonds, notes and other obligations in an
5 aggregate principal amount not to exceed [eight billion eighty-two
6 million eight hundred ninety-nine thousand] eight billion four hundred
7 ninety-four million nine hundred seventy-nine thousand dollars
8 [$8,082,899,000] $8,494,979,000, and shall include all bonds, notes and
9 other obligations issued pursuant to chapter 56 of the laws of 1983, as
10 amended or supplemented. The proceeds of such bonds, notes or other
11 obligations shall be paid to the state, for deposit in the correctional
12 facilities capital improvement fund to pay for all or any portion of the
13 amount or amounts paid by the state from appropriations or reappropri-
14 ations made to the department of corrections and community supervision
15 from the correctional facilities capital improvement fund for capital
16 projects. The aggregate amount of bonds, notes or other obligations
17 authorized to be issued pursuant to this section shall exclude bonds,
18 notes or other obligations issued to refund or otherwise repay bonds,
19 notes or other obligations theretofore issued, the proceeds of which
20 were paid to the state for all or a portion of the amounts expended by
21 the state from appropriations or reappropriations made to the department
22 of corrections and community supervision; provided, however, that upon
23 any such refunding or repayment the total aggregate principal amount of
24 outstanding bonds, notes or other obligations may be greater than [eight
25 billion eighty-two million eight hundred ninety-nine thousand] eight
26 billion four hundred ninety-four million nine hundred seventy-nine thou-
27 sand dollars [$8,082,899,000] $8,494,979,000, only if the present value
28 of the aggregate debt service of the refunding or repayment bonds, notes
29 or other obligations to be issued shall not exceed the present value of
30 the aggregate debt service of the bonds, notes or other obligations so
31 to be refunded or repaid. For the purposes hereof, the present value of
32 the aggregate debt service of the refunding or repayment bonds, notes or
33 other obligations and of the aggregate debt service of the bonds, notes
34 or other obligations so refunded or repaid, shall be calculated by
35 utilizing the effective interest rate of the refunding or repayment
36 bonds, notes or other obligations, which shall be that rate arrived at
37 by doubling the semi-annual interest rate (compounded semi-annually)
38 necessary to discount the debt service payments on the refunding or
39 repayment bonds, notes or other obligations from the payment dates ther-
40 eof to the date of issue of the refunding or repayment bonds, notes or
41 other obligations and to the price bid including estimated accrued
42 interest or proceeds received by the corporation including estimated
43 accrued interest from the sale thereof.
44 § 29. Paragraph (a) of subdivision 2 of section 47-e of the private
45 housing finance law, as amended by section 33 of part BBB of chapter 59
46 of the laws of 2018, is amended to read as follows:
47 (a) Subject to the provisions of chapter fifty-nine of the laws of two
48 thousand, in order to enhance and encourage the promotion of housing
49 programs and thereby achieve the stated purposes and objectives of such
50 housing programs, the agency shall have the power and is hereby author-
51 ized from time to time to issue negotiable housing program bonds and
52 notes in such principal amount as shall be necessary to provide suffi-
53 cient funds for the repayment of amounts disbursed (and not previously
54 reimbursed) pursuant to law or any prior year making capital appropri-
55 ations or reappropriations for the purposes of the housing program;
56 provided, however, that the agency may issue such bonds and notes in an
S. 1505--A 35 A. 2005--A
1 aggregate principal amount not exceeding [$5,981,399,000 five billion
2 nine hundred eighty-one million three hundred ninety-nine thousand] six
3 billion one hundred seventy-eight million five hundred ninety-nine thou-
4 sand dollars $6,178,599,000, plus a principal amount of bonds issued to
5 fund the debt service reserve fund in accordance with the debt service
6 reserve fund requirement established by the agency and to fund any other
7 reserves that the agency reasonably deems necessary for the security or
8 marketability of such bonds and to provide for the payment of fees and
9 other charges and expenses, including underwriters' discount, trustee
10 and rating agency fees, bond insurance, credit enhancement and liquidity
11 enhancement related to the issuance of such bonds and notes. No reserve
12 fund securing the housing program bonds shall be entitled or eligible to
13 receive state funds apportioned or appropriated to maintain or restore
14 such reserve fund at or to a particular level, except to the extent of
15 any deficiency resulting directly or indirectly from a failure of the
16 state to appropriate or pay the agreed amount under any of the contracts
17 provided for in subdivision four of this section.
18 § 30. Subdivision (b) of section 11 of chapter 329 of the laws of
19 1991, amending the state finance law and other laws relating to the
20 establishment of the dedicated highway and bridge trust fund, as amended
21 by section 34 of part BBB of chapter 59 of the laws of 2018, is amended
22 to read as follows:
23 (b) Any service contract or contracts for projects authorized pursuant
24 to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
25 14-k of the transportation law, and entered into pursuant to subdivision
26 (a) of this section, shall provide for state commitments to provide
27 annually to the thruway authority a sum or sums, upon such terms and
28 conditions as shall be deemed appropriate by the director of the budget,
29 to fund, or fund the debt service requirements of any bonds or any obli-
30 gations of the thruway authority issued to fund or to reimburse the
31 state for funding such projects having a cost not in excess of
32 [$10,251,939,000] ten billion seven hundred thirty-nine million four
33 hundred seventy-eight thousand dollars $10,739,478,000 cumulatively by
34 the end of fiscal year [2018-19] 2019-20.
35 § 31. Subdivision 1 of section 1689-i of the public authorities law,
36 as amended by section 35 of part BBB of chapter 59 of the laws of 2018,
37 is amended to read as follows:
38 1. The dormitory authority is authorized to issue bonds, at the
39 request of the commissioner of education, to finance eligible library
40 construction projects pursuant to section two hundred seventy-three-a of
41 the education law, in amounts certified by such commissioner not to
42 exceed a total principal amount of [two hundred seventeen million] two
43 hundred thirty-one million dollars $231,000,000.
44 § 32. Subdivision (a) of section 27 of part Y of chapter 61 of the
45 laws of 2005, relating to providing for the administration of certain
46 funds and accounts related to the 2005-2006 budget, as amended by
47 section 36 of part BBB of chapter 59 of the laws of 2018, is amended to
48 read as follows:
49 (a) Subject to the provisions of chapter 59 of the laws of 2000, but
50 notwithstanding any provisions of law to the contrary, the urban devel-
51 opment corporation is hereby authorized to issue bonds or notes in one
52 or more series in an aggregate principal amount not to exceed
53 [$220,100,000 two hundred twenty million one hundred thousand] two
54 hundred seventy-one million six hundred thousand dollars $271,600,000,
55 excluding bonds issued to finance one or more debt service reserve
56 funds, to pay costs of issuance of such bonds, and bonds or notes issued
S. 1505--A 36 A. 2005--A
1 to refund or otherwise repay such bonds or notes previously issued, for
2 the purpose of financing capital projects including IT initiatives for
3 the division of state police, debt service and leases; and to reimburse
4 the state general fund for disbursements made therefor. Such bonds and
5 notes of such authorized issuer shall not be a debt of the state, and
6 the state shall not be liable thereon, nor shall they be payable out of
7 any funds other than those appropriated by the state to such authorized
8 issuer for debt service and related expenses pursuant to any service
9 contract executed pursuant to subdivision (b) of this section and such
10 bonds and notes shall contain on the face thereof a statement to such
11 effect. Except for purposes of complying with the internal revenue code,
12 any interest income earned on bond proceeds shall only be used to pay
13 debt service on such bonds.
14 § 33. Section 44 of section 1 of chapter 174 of the laws of 1968,
15 constituting the New York state urban development corporation act, as
16 amended by section 37 of part BBB of chapter 59 of the laws of 2018, is
17 amended to read as follows:
18 § 44. Issuance of certain bonds or notes. 1. Notwithstanding the
19 provisions of any other law to the contrary, the dormitory authority and
20 the corporation are hereby authorized to issue bonds or notes in one or
21 more series for the purpose of funding project costs for the regional
22 economic development council initiative, the economic transformation
23 program, state university of New York college for nanoscale and science
24 engineering, projects within the city of Buffalo or surrounding envi-
25 rons, the New York works economic development fund, projects for the
26 retention of professional football in western New York, the empire state
27 economic development fund, the clarkson-trudeau partnership, the New
28 York genome center, the cornell university college of veterinary medi-
29 cine, the olympic regional development authority, projects at nano
30 Utica, onondaga county revitalization projects, Binghamton university
31 school of pharmacy, New York power electronics manufacturing consortium,
32 regional infrastructure projects, high tech innovation and economic
33 development infrastructure program, high technology manufacturing
34 projects in Chautauqua and Erie county, an industrial scale research and
35 development facility in Clinton county, upstate revitalization initi-
36 ative projects, downstate revitalization initiative, market New York
37 projects, fairground buildings, equipment or facilities used to house
38 and promote agriculture, the state fair, the empire state trail, the
39 moynihan station development project, the Kingsbridge armory project,
40 strategic economic development projects, the cultural, arts and public
41 spaces fund, water infrastructure in the city of Auburn and town of
42 Owasco, a life sciences laboratory public health initiative, not-for-
43 profit pounds, shelters and humane societies, arts and cultural facili-
44 ties improvement program, restore New York's communities initiative,
45 heavy equipment, economic development and infrastructure projects,
46 Roosevelt Island operating corporation capital projects, and other state
47 costs associated with such projects. The aggregate principal amount of
48 bonds authorized to be issued pursuant to this section shall not exceed
49 [eight billion three hundred million five hundred ninety thousand] nine
50 billion three hundred one million six hundred thirty-six thousand
51 dollars $9,301,636,000, excluding bonds issued to fund one or more debt
52 service reserve funds, to pay costs of issuance of such bonds, and bonds
53 or notes issued to refund or otherwise repay such bonds or notes previ-
54 ously issued. Such bonds and notes of the dormitory authority and the
55 corporation shall not be a debt of the state, and the state shall not be
56 liable thereon, nor shall they be payable out of any funds other than
S. 1505--A 37 A. 2005--A
1 those appropriated by the state to the dormitory authority and the
2 corporation for principal, interest, and related expenses pursuant to a
3 service contract and such bonds and notes shall contain on the face
4 thereof a statement to such effect. Except for purposes of complying
5 with the internal revenue code, any interest income earned on bond
6 proceeds shall only be used to pay debt service on such bonds.
7 2. Notwithstanding any other provision of law to the contrary, in
8 order to assist the dormitory authority and the corporation in undertak-
9 ing the financing for project costs for the regional economic develop-
10 ment council initiative, the economic transformation program, state
11 university of New York college for nanoscale and science engineering,
12 projects within the city of Buffalo or surrounding environs, the New
13 York works economic development fund, projects for the retention of
14 professional football in western New York, the empire state economic
15 development fund, the clarkson-trudeau partnership, the New York genome
16 center, the cornell university college of veterinary medicine, the olym-
17 pic regional development authority, projects at nano Utica, onondaga
18 county revitalization projects, Binghamton university school of pharma-
19 cy, New York power electronics manufacturing consortium, regional
20 infrastructure projects, New York State Capital Assistance Program for
21 Transportation, infrastructure, and economic development, high tech
22 innovation and economic development infrastructure program, high tech-
23 nology manufacturing projects in Chautauqua and Erie county, an indus-
24 trial scale research and development facility in Clinton county, upstate
25 revitalization initiative projects, downstate revitalization initiative,
26 market New York projects, fairground buildings, equipment or facilities
27 used to house and promote agriculture, the state fair, the empire state
28 trail, the moynihan station development project, the Kingsbridge armory
29 project, strategic economic development projects, the cultural, arts and
30 public spaces fund, water infrastructure in the city of Auburn and town
31 of Owasco, a life sciences laboratory public health initiative, not-for-
32 profit pounds, shelters and humane societies, arts and cultural facili-
33 ties improvement program, restore New York's communities initiative,
34 heavy equipment, economic development and infrastructure projects,
35 Roosevelt Island operating corporation capital projects, and other state
36 costs associated with such projects the director of the budget is hereby
37 authorized to enter into one or more service contracts with the dormito-
38 ry authority and the corporation, none of which shall exceed thirty
39 years in duration, upon such terms and conditions as the director of the
40 budget and the dormitory authority and the corporation agree, so as to
41 annually provide to the dormitory authority and the corporation, in the
42 aggregate, a sum not to exceed the principal, interest, and related
43 expenses required for such bonds and notes. Any service contract entered
44 into pursuant to this section shall provide that the obligation of the
45 state to pay the amount therein provided shall not constitute a debt of
46 the state within the meaning of any constitutional or statutory
47 provision and shall be deemed executory only to the extent of monies
48 available and that no liability shall be incurred by the state beyond
49 the monies available for such purpose, subject to annual appropriation
50 by the legislature. Any such contract or any payments made or to be made
51 thereunder may be assigned and pledged by the dormitory authority and
52 the corporation as security for its bonds and notes, as authorized by
53 this section.
54 § 34. Subdivision (a) of section 1 of part X of chapter 59 of the laws
55 of 2004, authorizing the New York state urban development corporation
56 and the dormitory authority of the state of New York to issue bonds or
S. 1505--A 38 A. 2005--A
1 notes, as amended by section 37-a of part BBB of chapter 59 of the laws
2 of 2018, is amended to read as follows:
3 (a) Subject to the provisions of chapter 59 of the laws of 2000, but
4 notwithstanding any other provision of law to the contrary, the New York
5 State urban development corporation and the dormitory authority of the
6 state of New York are hereby authorized to issue bonds or notes in one
7 or more series in an aggregate principal amount not to exceed
8 [$293,325,000] two hundred forty-three million three hundred twenty-five
9 thousand dollars $243,325,000, excluding bonds issued to finance one or
10 more debt service reserve funds, to pay costs of issuance of such bonds,
11 and bonds or notes issued to refund or otherwise repay such bonds or
12 notes previously issued, for the purpose of financing projects cost of
13 the Empire Opportunity Fund; Rebuilding the Empire State Through Oppor-
14 tunities in Regional Economies (RESTORE) New York Program; and the
15 Community Capital Assistance Program authorized pursuant to Part T of
16 chapter 84 of the laws of 2002. Such bonds and notes of the corporation
17 or the dormitory authority shall not be a debt of the state, and the
18 state shall not be liable thereon, nor shall they be payable out of any
19 funds other than those appropriated by the state to the corporation or
20 the dormitory authority for debt service and related expenses pursuant
21 to any service contract executed pursuant to subdivision (b) of this
22 section and such bonds and notes shall contain on the face thereof a
23 statement to such effect. Except for purposes of complying with the
24 internal revenue code, any interest income earned on bond proceeds shall
25 only be used to pay debt service on such bonds. All of the provisions of
26 the New York state urban development corporation act and the dormitory
27 authority act relating to bonds and notes which are not inconsistent
28 with the provisions of this section shall apply to obligations author-
29 ized by this section, including but not limited to the power to estab-
30 lish adequate reserves therefor and to issue renewal notes or refunding
31 bonds thereof. The issuance of any bonds or notes hereunder shall
32 further be subject to the approval of the director of the division of
33 the budget.
34 § 35. Subdivision 3 of section 1285-p of the public authorities law,
35 as amended by section 38 of part BBB of chapter 59 of the laws of 2018,
36 is amended to read as follows:
37 3. The maximum amount of bonds that may be issued for the purpose of
38 financing environmental infrastructure projects authorized by this
39 section shall be [five billion one hundred forty-seven million two
40 hundred sixty thousand] five billion three hundred eighty-eight million
41 ten thousand dollars $5,388,010,000, exclusive of bonds issued to fund
42 any debt service reserve funds, pay costs of issuance of such bonds, and
43 bonds or notes issued to refund or otherwise repay bonds or notes previ-
44 ously issued. Such bonds and notes of the corporation shall not be a
45 debt of the state, and the state shall not be liable thereon, nor shall
46 they be payable out of any funds other than those appropriated by the
47 state to the corporation for debt service and related expenses pursuant
48 to any service contracts executed pursuant to subdivision one of this
49 section, and such bonds and notes shall contain on the face thereof a
50 statement to such effect.
51 § 36. Subdivision (a) of section 48 of part K of chapter 81 of the
52 laws of 2002, relating to providing for the administration of certain
53 funds and accounts related to the 2002-2003 budget, as amended by
54 section 40 of part BBB of chapter 59 of the laws of 2018, is amended to
55 read as follows:
S. 1505--A 39 A. 2005--A
1 (a) Subject to the provisions of chapter 59 of the laws of 2000 but
2 notwithstanding the provisions of section 18 of the urban development
3 corporation act, the corporation is hereby authorized to issue bonds or
4 notes in one or more series in an aggregate principal amount not to
5 exceed [$253,000,000 two-hundred fifty-three million] two hundred eight-
6 y-six million dollars $286,000,000, excluding bonds issued to fund one
7 or more debt service reserve funds, to pay costs of issuance of such
8 bonds, and bonds or notes issued to refund or otherwise repay such bonds
9 or notes previously issued, for the purpose of financing capital costs
10 related to homeland security and training facilities for the division of
11 state police, the division of military and naval affairs, and any other
12 state agency, including the reimbursement of any disbursements made from
13 the state capital projects fund, and is hereby authorized to issue bonds
14 or notes in one or more series in an aggregate principal amount not to
15 exceed [$748,800,000, seven hundred forty-eight million eight hundred
16 thousand] $952,800,000 nine hundred fifty-two million eight hundred
17 thousand dollars, excluding bonds issued to fund one or more debt
18 service reserve funds, to pay costs of issuance of such bonds, and bonds
19 or notes issued to refund or otherwise repay such bonds or notes previ-
20 ously issued, for the purpose of financing improvements to State office
21 buildings and other facilities located statewide, including the
22 reimbursement of any disbursements made from the state capital projects
23 fund. Such bonds and notes of the corporation shall not be a debt of the
24 state, and the state shall not be liable thereon, nor shall they be
25 payable out of any funds other than those appropriated by the state to
26 the corporation for debt service and related expenses pursuant to any
27 service contracts executed pursuant to subdivision (b) of this section,
28 and such bonds and notes shall contain on the face thereof a statement
29 to such effect.
30 § 37. Subdivision 1 of section 386-b of the public authorities law, as
31 amended by section 41 of part BBB of chapter 59 of the laws of 2018, is
32 amended to read as follows:
33 1. Notwithstanding any other provision of law to the contrary, the
34 authority, the dormitory authority and the urban development corporation
35 are hereby authorized to issue bonds or notes in one or more series for
36 the purpose of financing peace bridge projects and capital costs of
37 state and local highways, parkways, bridges, the New York state thruway,
38 Indian reservation roads, and facilities, and transportation infrastruc-
39 ture projects including aviation projects, non-MTA mass transit
40 projects, and rail service preservation projects, including work appur-
41 tenant and ancillary thereto. The aggregate principal amount of bonds
42 authorized to be issued pursuant to this section shall not exceed [four
43 billion five hundred million dollars $4,500,000,000] four billion six
44 hundred twenty-eight million dollars $4,628,000,000, excluding bonds
45 issued to fund one or more debt service reserve funds, to pay costs of
46 issuance of such bonds, and to refund or otherwise repay such bonds or
47 notes previously issued. Such bonds and notes of the authority, the
48 dormitory authority and the urban development corporation shall not be a
49 debt of the state, and the state shall not be liable thereon, nor shall
50 they be payable out of any funds other than those appropriated by the
51 state to the authority, the dormitory authority and the urban develop-
52 ment corporation for principal, interest, and related expenses pursuant
53 to a service contract and such bonds and notes shall contain on the face
54 thereof a statement to such effect. Except for purposes of complying
55 with the internal revenue code, any interest income earned on bond
56 proceeds shall only be used to pay debt service on such bonds.
S. 1505--A 40 A. 2005--A
1 § 38. Paragraph (c) of subdivision 19 of section 1680 of the public
2 authorities law, as amended by section 42 of part BBB of chapter 59 of
3 the laws of 2018, is amended to read as follows:
4 (c) Subject to the provisions of chapter fifty-nine of the laws of two
5 thousand, the dormitory authority shall not issue any bonds for state
6 university educational facilities purposes if the principal amount of
7 bonds to be issued when added to the aggregate principal amount of bonds
8 issued by the dormitory authority on and after July first, nineteen
9 hundred eighty-eight for state university educational facilities will
10 exceed [thirteen billion one hundred seventy-eight million eight hundred
11 sixty-four thousand dollars $13,178,864,000] thirteen billion eight
12 hundred forty-one million eight hundred sixty-four thousand dollars
13 $13,841,864,000; provided, however, that bonds issued or to be issued
14 shall be excluded from such limitation if: (1) such bonds are issued to
15 refund state university construction bonds and state university
16 construction notes previously issued by the housing finance agency; or
17 (2) such bonds are issued to refund bonds of the authority or other
18 obligations issued for state university educational facilities purposes
19 and the present value of the aggregate debt service on the refunding
20 bonds does not exceed the present value of the aggregate debt service on
21 the bonds refunded thereby; provided, further that upon certification by
22 the director of the budget that the issuance of refunding bonds or other
23 obligations issued between April first, nineteen hundred ninety-two and
24 March thirty-first, nineteen hundred ninety-three will generate long
25 term economic benefits to the state, as assessed on a present value
26 basis, such issuance will be deemed to have met the present value test
27 noted above. For purposes of this subdivision, the present value of the
28 aggregate debt service of the refunding bonds and the aggregate debt
29 service of the bonds refunded, shall be calculated by utilizing the true
30 interest cost of the refunding bonds, which shall be that rate arrived
31 at by doubling the semi-annual interest rate (compounded semi-annually)
32 necessary to discount the debt service payments on the refunding bonds
33 from the payment dates thereof to the date of issue of the refunding
34 bonds to the purchase price of the refunding bonds, including interest
35 accrued thereon prior to the issuance thereof. The maturity of such
36 bonds, other than bonds issued to refund outstanding bonds, shall not
37 exceed the weighted average economic life, as certified by the state
38 university construction fund, of the facilities in connection with which
39 the bonds are issued, and in any case not later than the earlier of
40 thirty years or the expiration of the term of any lease, sublease or
41 other agreement relating thereto; provided that no note, including
42 renewals thereof, shall mature later than five years after the date of
43 issuance of such note. The legislature reserves the right to amend or
44 repeal such limit, and the state of New York, the dormitory authority,
45 the state university of New York, and the state university construction
46 fund are prohibited from covenanting or making any other agreements with
47 or for the benefit of bondholders which might in any way affect such
48 right.
49 § 39. Paragraph (c) of subdivision 14 of section 1680 of the public
50 authorities law, as amended by section 43 of part BBB of chapter 59 of
51 the laws of 2018, is amended to read as follows:
52 (c) Subject to the provisions of chapter fifty-nine of the laws of two
53 thousand, (i) the dormitory authority shall not deliver a series of
54 bonds for city university community college facilities, except to refund
55 or to be substituted for or in lieu of other bonds in relation to city
56 university community college facilities pursuant to a resolution of the
S. 1505--A 41 A. 2005--A
1 dormitory authority adopted before July first, nineteen hundred eighty-
2 five or any resolution supplemental thereto, if the principal amount of
3 bonds so to be issued when added to all principal amounts of bonds
4 previously issued by the dormitory authority for city university commu-
5 nity college facilities, except to refund or to be substituted in lieu
6 of other bonds in relation to city university community college facili-
7 ties will exceed the sum of four hundred twenty-five million dollars and
8 (ii) the dormitory authority shall not deliver a series of bonds issued
9 for city university facilities, including community college facilities,
10 pursuant to a resolution of the dormitory authority adopted on or after
11 July first, nineteen hundred eighty-five, except to refund or to be
12 substituted for or in lieu of other bonds in relation to city university
13 facilities and except for bonds issued pursuant to a resolution supple-
14 mental to a resolution of the dormitory authority adopted prior to July
15 first, nineteen hundred eighty-five, if the principal amount of bonds so
16 to be issued when added to the principal amount of bonds previously
17 issued pursuant to any such resolution, except bonds issued to refund or
18 to be substituted for or in lieu of other bonds in relation to city
19 university facilities, will exceed [eight billion three hundred fourteen
20 million six hundred ninety-one thousand dollars $8,314,691,000] eight
21 billion six hundred seventy-four million two hundred fifty-six thousand
22 dollars $8,674,256,000. The legislature reserves the right to amend or
23 repeal such limit, and the state of New York, the dormitory authority,
24 the city university, and the fund are prohibited from covenanting or
25 making any other agreements with or for the benefit of bondholders which
26 might in any way affect such right.
27 § 40. Subdivision 10-a of section 1680 of the public authorities law,
28 as amended by section 44 of part BBB of chapter 59 of the laws of 2018,
29 is amended to read as follows:
30 10-a. Subject to the provisions of chapter fifty-nine of the laws of
31 two thousand, but notwithstanding any other provision of the law to the
32 contrary, the maximum amount of bonds and notes to be issued after March
33 thirty-first, two thousand two, on behalf of the state, in relation to
34 any locally sponsored community college, shall be [nine hundred sixty-
35 eight million five hundred forty-two thousand dollars $968,542,000] one
36 billion five million six hundred two thousand dollars $1,005,602,000.
37 Such amount shall be exclusive of bonds and notes issued to fund any
38 reserve fund or funds, costs of issuance and to refund any outstanding
39 bonds and notes, issued on behalf of the state, relating to a locally
40 sponsored community college.
41 § 41. Subdivision 1 of section 17 of part D of chapter 389 of the laws
42 of 1997, relating to the financing of the correctional facilities
43 improvement fund and the youth facility improvement fund, as amended by
44 section 45 of part BBB of chapter 59 of the laws of 2018, is amended to
45 read as follows:
46 1. Subject to the provisions of chapter 59 of the laws of 2000, but
47 notwithstanding the provisions of section 18 of section 1 of chapter 174
48 of the laws of 1968, the New York state urban development corporation is
49 hereby authorized to issue bonds, notes and other obligations in an
50 aggregate principal amount not to exceed [seven] eight hundred [sixty-
51 nine] four million six hundred fifteen thousand dollars [($769,615,000)]
52 $804,615,000, which authorization increases the aggregate principal
53 amount of bonds, notes and other obligations authorized by section 40 of
54 chapter 309 of the laws of 1996, and shall include all bonds, notes and
55 other obligations issued pursuant to chapter 211 of the laws of 1990, as
56 amended or supplemented. The proceeds of such bonds, notes or other
S. 1505--A 42 A. 2005--A
1 obligations shall be paid to the state, for deposit in the youth facili-
2 ties improvement fund, to pay for all or any portion of the amount or
3 amounts paid by the state from appropriations or reappropriations made
4 to the office of children and family services from the youth facilities
5 improvement fund for capital projects. The aggregate amount of bonds,
6 notes and other obligations authorized to be issued pursuant to this
7 section shall exclude bonds, notes or other obligations issued to refund
8 or otherwise repay bonds, notes or other obligations theretofore issued,
9 the proceeds of which were paid to the state for all or a portion of the
10 amounts expended by the state from appropriations or reappropriations
11 made to the office of children and family services; provided, however,
12 that upon any such refunding or repayment the total aggregate principal
13 amount of outstanding bonds, notes or other obligations may be greater
14 than [seven] eight hundred [sixty-nine] four million six hundred fifteen
15 thousand dollars [($769,615,000)] $804,615,000, only if the present
16 value of the aggregate debt service of the refunding or repayment bonds,
17 notes or other obligations to be issued shall not exceed the present
18 value of the aggregate debt service of the bonds, notes or other obli-
19 gations so to be refunded or repaid. For the purposes hereof, the pres-
20 ent value of the aggregate debt service of the refunding or repayment
21 bonds, notes or other obligations and of the aggregate debt service of
22 the bonds, notes or other obligations so refunded or repaid, shall be
23 calculated by utilizing the effective interest rate of the refunding or
24 repayment bonds, notes or other obligations, which shall be that rate
25 arrived at by doubling the semi-annual interest rate (compounded semi-
26 annually) necessary to discount the debt service payments on the refund-
27 ing or repayment bonds, notes or other obligations from the payment
28 dates thereof to the date of issue of the refunding or repayment bonds,
29 notes or other obligations and to the price bid including estimated
30 accrued interest or proceeds received by the corporation including esti-
31 mated accrued interest from the sale thereof.
32 § 42. Paragraph b of subdivision 2 of section 9-a of section 1 of
33 chapter 392 of the laws of 1973, constituting the New York state medical
34 care facilities finance agency act, as amended by section 46 of part BBB
35 of chapter 59 of the laws of 2018, is amended to read as follows:
36 b. The agency shall have power and is hereby authorized from time to
37 time to issue negotiable bonds and notes in conformity with applicable
38 provisions of the uniform commercial code in such principal amount as,
39 in the opinion of the agency, shall be necessary, after taking into
40 account other moneys which may be available for the purpose, to provide
41 sufficient funds to the facilities development corporation, or any
42 successor agency, for the financing or refinancing of or for the design,
43 construction, acquisition, reconstruction, rehabilitation or improvement
44 of mental health services facilities pursuant to paragraph a of this
45 subdivision, the payment of interest on mental health services improve-
46 ment bonds and mental health services improvement notes issued for such
47 purposes, the establishment of reserves to secure such bonds and notes,
48 the cost or premium of bond insurance or the costs of any financial
49 mechanisms which may be used to reduce the debt service that would be
50 payable by the agency on its mental health services facilities improve-
51 ment bonds and notes and all other expenditures of the agency incident
52 to and necessary or convenient to providing the facilities development
53 corporation, or any successor agency, with funds for the financing or
54 refinancing of or for any such design, construction, acquisition, recon-
55 struction, rehabilitation or improvement and for the refunding of mental
56 hygiene improvement bonds issued pursuant to section 47-b of the private
S. 1505--A 43 A. 2005--A
1 housing finance law; provided, however, that the agency shall not issue
2 mental health services facilities improvement bonds and mental health
3 services facilities improvement notes in an aggregate principal amount
4 exceeding [eight billion seven hundred seventy-eight million seven
5 hundred eleven thousand] nine billion three hundred thirty-three million
6 three hundred eight thousand dollars $9,333,308,000, excluding mental
7 health services facilities improvement bonds and mental health services
8 facilities improvement notes issued to refund outstanding mental health
9 services facilities improvement bonds and mental health services facili-
10 ties improvement notes; provided, however, that upon any such refunding
11 or repayment of mental health services facilities improvement bonds
12 and/or mental health services facilities improvement notes the total
13 aggregate principal amount of outstanding mental health services facili-
14 ties improvement bonds and mental health facilities improvement notes
15 may be greater than [eight billion seven hundred seventy-eight million
16 seven hundred eleven thousand dollars $8,778,711,000] nine billion three
17 hundred thirty-three million three hundred eight thousand dollars
18 $9,333,308,000, only if, except as hereinafter provided with respect to
19 mental health services facilities bonds and mental health services
20 facilities notes issued to refund mental hygiene improvement bonds
21 authorized to be issued pursuant to the provisions of section 47-b of
22 the private housing finance law, the present value of the aggregate debt
23 service of the refunding or repayment bonds to be issued shall not
24 exceed the present value of the aggregate debt service of the bonds to
25 be refunded or repaid. For purposes hereof, the present values of the
26 aggregate debt service of the refunding or repayment bonds, notes or
27 other obligations and of the aggregate debt service of the bonds, notes
28 or other obligations so refunded or repaid, shall be calculated by
29 utilizing the effective interest rate of the refunding or repayment
30 bonds, notes or other obligations, which shall be that rate arrived at
31 by doubling the semi-annual interest rate (compounded semi-annually)
32 necessary to discount the debt service payments on the refunding or
33 repayment bonds, notes or other obligations from the payment dates ther-
34 eof to the date of issue of the refunding or repayment bonds, notes or
35 other obligations and to the price bid including estimated accrued
36 interest or proceeds received by the authority including estimated
37 accrued interest from the sale thereof. Such bonds, other than bonds
38 issued to refund outstanding bonds, shall be scheduled to mature over a
39 term not to exceed the average useful life, as certified by the facili-
40 ties development corporation, of the projects for which the bonds are
41 issued, and in any case shall not exceed thirty years and the maximum
42 maturity of notes or any renewals thereof shall not exceed five years
43 from the date of the original issue of such notes. Notwithstanding the
44 provisions of this section, the agency shall have the power and is here-
45 by authorized to issue mental health services facilities improvement
46 bonds and/or mental health services facilities improvement notes to
47 refund outstanding mental hygiene improvement bonds authorized to be
48 issued pursuant to the provisions of section 47-b of the private housing
49 finance law and the amount of bonds issued or outstanding for such
50 purposes shall not be included for purposes of determining the amount of
51 bonds issued pursuant to this section. The director of the budget shall
52 allocate the aggregate principal authorized to be issued by the agency
53 among the office of mental health, office for people with developmental
54 disabilities, and the office of alcoholism and substance abuse services,
55 in consultation with their respective commissioners to finance bondable
56 appropriations previously approved by the legislature.
S. 1505--A 44 A. 2005--A
1 § 43. Subdivision (a) of section 28 of part Y of chapter 61 of the
2 laws of 2005, relating to providing for the administration of certain
3 funds and accounts related to the 2005-2006 budget, as amended by
4 section 49 of part BBB of chapter 59 of the laws of 2018, is amended to
5 read as follows:
6 (a) Subject to the provisions of chapter 59 of the laws of 2000, but
7 notwithstanding any provisions of law to the contrary, one or more
8 authorized issuers as defined by section 68-a of the state finance law
9 are hereby authorized to issue bonds or notes in one or more series in
10 an aggregate principal amount not to exceed [$67,000,000, sixty-seven
11 million] ninety-two million dollars $92,000,000, excluding bonds issued
12 to finance one or more debt service reserve funds, to pay costs of issu-
13 ance of such bonds, and bonds or notes issued to refund or otherwise
14 repay such bonds or notes previously issued, for the purpose of financ-
15 ing capital projects for public protection facilities in the Division of
16 Military and Naval Affairs, debt service and leases; and to reimburse
17 the state general fund for disbursements made therefor. Such bonds and
18 notes of such authorized issuer shall not be a debt of the state, and
19 the state shall not be liable thereon, nor shall they be payable out of
20 any funds other than those appropriated by the state to such authorized
21 issuer for debt service and related expenses pursuant to any service
22 contract executed pursuant to subdivision (b) of this section and such
23 bonds and notes shall contain on the face thereof a statement to such
24 effect. Except for purposes of complying with the internal revenue code,
25 any interest income earned on bond proceeds shall only be used to pay
26 debt service on such bonds.
27 § 44. Subdivision 1 of section 386-a of the public authorities law, as
28 amended by section 61 of part BBB of chapter 59 of the laws of 2018, is
29 amended to read as follows:
30 1. Notwithstanding any other provision of law to the contrary, the
31 authority, the dormitory authority and the urban development corporation
32 are hereby authorized to issue bonds or notes in one or more series for
33 the purpose of assisting the metropolitan transportation authority in
34 the financing of transportation facilities as defined in subdivision
35 seventeen of section twelve hundred sixty-one of this chapter. The
36 aggregate principal amount of bonds authorized to be issued pursuant to
37 this section shall not exceed [one billion six hundred ninety-four
38 million dollars $1,694,000,000] two billion seventy-nine million eight
39 hundred fifty-six thousand dollars $2,079,856,000, excluding bonds
40 issued to fund one or more debt service reserve funds, to pay costs of
41 issuance of such bonds, and to refund or otherwise repay such bonds or
42 notes previously issued. Such bonds and notes of the authority, the
43 dormitory authority and the urban development corporation shall not be a
44 debt of the state, and the state shall not be liable thereon, nor shall
45 they be payable out of any funds other than those appropriated by the
46 state to the authority, the dormitory authority and the urban develop-
47 ment corporation for principal, interest, and related expenses pursuant
48 to a service contract and such bonds and notes shall contain on the face
49 thereof a statement to such effect. Except for purposes of complying
50 with the internal revenue code, any interest income earned on bond
51 proceeds shall only be used to pay debt service on such bonds.
52 § 45. Subdivision 1 of section 50 of section 1 of chapter 174 of the
53 laws of 1968, constituting the New York state urban development corpo-
54 ration act, as amended by section 42 of part XXX of chapter 59 of the
55 laws of 2017, is amended to read as follows:
S. 1505--A 45 A. 2005--A
1 1. Notwithstanding the provisions of any other law to the contrary,
2 the dormitory authority and the urban development corporation are hereby
3 authorized to issue bonds or notes in one or more series for the purpose
4 of funding project costs undertaken by or on behalf of special act
5 school districts, state-supported schools for the blind and deaf,
6 approved private special education schools, non-public schools, communi-
7 ty centers, day care facilities, and other state costs associated with
8 such capital projects. The aggregate principal amount of bonds author-
9 ized to be issued pursuant to this section shall not exceed [fifty-five
10 million dollars] one hundred ten million dollars $110,000,000, excluding
11 bonds issued to fund one or more debt service reserve funds, to pay
12 costs of issuance of such bonds, and bonds or notes issued to refund or
13 otherwise repay such bonds or notes previously issued. Such bonds and
14 notes of the dormitory authority and the urban development corporation
15 shall not be a debt of the state, and the state shall not be liable
16 thereon, nor shall they be payable out of any funds other than those
17 appropriated by the state to the dormitory authority and the urban
18 development corporation for principal, interest, and related expenses
19 pursuant to a service contract and such bonds and notes shall contain on
20 the face thereof a statement to such effect. Except for purposes of
21 complying with the internal revenue code, any interest income earned on
22 bond proceeds shall only be used to pay debt service on such bonds.
23 § 46. Section 1 of chapter 174 of the laws of 1968, constituting the
24 New York state urban development corporation act, is amended by adding a
25 new section 53 to read as follows:
26 § 53. 1. Notwithstanding the provisions of any other law to the
27 contrary, the dormitory authority and the urban development corporation
28 are hereby authorized to issue bonds or notes in one or more series for
29 the purpose of funding project costs for the acquisition of equipment,
30 including but not limited to the creation or modernization of informa-
31 tion technology systems and related research and development equipment,
32 health and safety equipment, heavy equipment and machinery, the creation
33 or improvement of security systems, and laboratory equipment and other
34 state costs associated with such capital projects. The aggregate princi-
35 pal amount of bonds authorized to be issued pursuant to this section
36 shall not exceed ninety-three million dollars $93,000,000, excluding
37 bonds issued to fund one or more debt service reserve funds, to pay
38 costs of issuance of such bonds, and bonds or notes issued to refund or
39 otherwise repay such bonds or notes previously issued. Such bonds and
40 notes of the dormitory authority and the urban development corporation
41 shall not be a debt of the state, and the state shall not be liable
42 thereon, nor shall they be payable out of any funds other than those
43 appropriated by the state to the dormitory authority and the urban
44 development corporation for principal, interest, and related expenses
45 pursuant to a service contract and such bonds and notes shall contain on
46 the face thereof a statement to such effect. Except for purposes of
47 complying with the internal revenue code, any interest income earned on
48 bond proceeds shall only be used to pay debt service on such bonds.
49 2. Notwithstanding any other provision of law to the contrary, in
50 order to assist the dormitory authority and the urban development corpo-
51 ration in undertaking the financing for project costs for the acquisi-
52 tion of equipment, including but not limited to the creation or modern-
53 ization of information technology systems and related research and
54 development equipment, health and safety equipment, heavy equipment and
55 machinery, the creation or improvement of security systems, and labora-
56 tory equipment and other state costs associated with such capital
S. 1505--A 46 A. 2005--A
1 projects, the director of the budget is hereby authorized to enter into
2 one or more service contracts with the dormitory authority and the urban
3 development corporation, none of which shall exceed thirty years in
4 duration, upon such terms and conditions as the director of the budget
5 and the dormitory authority and the urban development corporation agree,
6 so as to annually provide to the dormitory authority and the urban
7 development corporation, in the aggregate, a sum not to exceed the prin-
8 cipal, interest, and related expenses required for such bonds and notes.
9 Any service contract entered into pursuant to this section shall provide
10 that the obligation of the state to pay the amount therein provided
11 shall not constitute a debt of the state within the meaning of any
12 constitutional or statutory provision and shall be deemed executory only
13 to the extent of monies available and that no liability shall be
14 incurred by the state beyond the monies available for such purpose,
15 subject to annual appropriation by the legislature. Any such contract or
16 any payments made or to be made thereunder may be assigned and pledged
17 by the dormitory authority and the urban development corporation as
18 security for its bonds and notes, as authorized by this section.
19 § 47. Subdivision 2 and paragraph (a) of subdivision 4 of section
20 1680-q of the public authorities law, as added by section 4 of part B of
21 chapter 57 of the laws of 2013, are amended to read as follows:
22 2. The authority may, from and after April first, two thousand thir-
23 teen, issue dormitory facility revenue bonds in an amount not to exceed
24 [nine hundred forty-four] one billion three hundred ninety-four million
25 dollars. Notwithstanding any other rule or law, such bonds shall not be
26 a debt of the state of New York or the state university nor shall the
27 state or the state university be liable thereon, nor shall they be paya-
28 ble out of any funds other than those of the authority constituting
29 dormitory facilities revenues. Such amount shall be exclusive of bonds
30 and notes issued to fund any reserve fund or funds, cost of issuance,
31 original issue premium, and to refund any prior dormitory facility bonds
32 or any dormitory facility revenue bonds. The authority and the state
33 university are hereby authorized to enter into agreements relating to,
34 among other things, the acquisition of property or interests therein,
35 the construction, reconstruction, rehabilitation, improvement, equipping
36 and furnishing of dormitory facilities, the operation and maintenance of
37 dormitory facilities, and the billing, collection and disbursement of
38 dormitory facilities revenues, the title to which has been conveyed,
39 assigned or otherwise transferred to the authority pursuant to paragraph
40 y of subdivision two of section three hundred fifty-five of the educa-
41 tion law. In no event shall the state university have any obligation
42 under the agreement to make payment with respect to, on account of or to
43 pay dormitory facilities revenue bonds, and such bonds shall be payable
44 solely from the dormitory facilities revenues assigned to the authority
45 by the state university. No debt shall be contracted except to finance
46 capital works or purposes. Notwithstanding any other provision of law,
47 dormitory facility revenues shall not be deemed to be revenues of the
48 state. Notwithstanding any other rule or law, the state shall not be
49 liable for any payments on any dormitory facility revenue bonds, and
50 such bonds shall not be a debt of the state and shall not be payable out
51 of any funds other than the dormitory facilities revenues assigned to
52 the authority by the state university.
53 (a) The dormitory authority, in consultation with the state university
54 of New York, shall prepare an annual report due on September thirtieth,
55 commencing on September thirtieth, two thousand fourteen, of every
56 calendar year relating to the provisions of paragraph y of subdivision
S. 1505--A 47 A. 2005--A
1 two of section three hundred fifty-five of the education law [as added
2 by a chapter of the laws of two thousand thirteen which added this
3 section]; subdivision eight of section three hundred fifty-five of the
4 education law [as amended by a chapter of the laws of two thousand thir-
5 teen which added this section]; and this section. The report shall
6 include, but not be limited to: (i) the total dormitory facilities
7 revenues assigned or otherwise transferred from the state university of
8 New York to the dormitory authority in the prior state university fiscal
9 year and the sum of such transfers made in the five prior fiscal years;
10 (ii) the sum of monies, if any, transferred to the state university of
11 New York from the dormitory facilities revenue fund in the prior state
12 university fiscal year; (iii) a list of any increase in rents, fees and
13 other charges that relate to dormitory facilities per campus to
14 students; (iv) a summary of all costs associated with the construction,
15 reconstruction, rehabilitation, improvement, equipping, furnishing,
16 repair, maintenance and operations of dormitory facilities that the
17 dormitory authority funded with dormitory facilities revenues and the
18 proceeds of dormitory facility revenue bonds; (v) a summary and justi-
19 fication of dormitory authority administrative expenses and costs
20 incurred related to the dormitory facilities revenue fund; (vi) the
21 issuance amounts, debt service costs and savings, if any, of all state
22 university of New York dormitory bonds issued prior to April first, two
23 thousand thirteen and refinanced by the dormitory authority with dormi-
24 tory facility revenue bonds; (vii) total amount of debt service payments
25 made per year on dormitory facility revenue bonds; and (viii) an esti-
26 mated date when the dormitory authority will reach the [nine hundred
27 forty-four million dollar] cap on dormitory facility revenue bonds.
28 § 48. Paragraphs b and f of subdivision 3 of section 9 of section 1 of
29 chapter 359 of the laws of 1968 constituting the facilities development
30 corporation act, paragraph b as amended by chapter 236 of the laws of
31 2005 and paragraph f as amended by chapter 58 of the laws of 1987, are
32 amended and a new paragraph g is added to read as follows:
33 b. All monies of the corporation received or accepted pursuant to
34 paragraph a of this subdivision, other than appropriations and advances
35 from the state and except as otherwise authorized or provided in this
36 section, shall be paid to the commissioner of taxation and finance as
37 agent of the corporation, who shall not commingle such monies with any
38 other monies. Such monies shall be deposited in two or more separate
39 bank accounts. One of such accounts, to which shall be credited (i) all
40 payments made on or after January 1, 1964, for the care, maintenance and
41 treatment of patients in every mental hygiene facility, other than a
42 community mental health and retardation facility, (ii) all payments made
43 to the corporation as rentals, lease payments, permit fees or otherwise
44 under any lease, sublease or agreement undertaken with respect to a
45 community mental health and retardation facility or a current or former
46 mental hygiene facility, (iii) all payments made to the corporation for
47 the purchase of real property held by the corporation for the use of the
48 department, other than payments derived from New York state medical care
49 facilities finance agency financing or refinancing of the design,
50 construction, acquisition, reconstruction, rehabilitation, improvement
51 or renovation of state operated mental hygiene facilities, (iv) all
52 income from investments and (v) all monies received or to be received
53 for the purposes of such account on a recurring basis, shall be denomi-
54 nated the "mental hygiene facilities improvement fund income account".
55 The monies in any account shall be paid out on checks signed by the
56 commissioner of taxation and finance on requisition of the chairman of
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1 the corporation or of such other officer or employee or officers or
2 employees as the corporation shall authorize to make such requisition.
3 All deposits of such money shall, if required by the commissioner of
4 taxation and finance or the directors of the corporation, be secured by
5 obligations of the United States or of the state of a market value equal
6 at all times to the amount of the deposit and all banks and trust compa-
7 nies are authorized to give such security for such deposits. Any moneys
8 of the corporation not required for immediate use or disbursement may,
9 at the discretion of the corporation, be invested by the commissioner of
10 taxation and finance in accordance with the provisions of section 98-a
11 of the state finance law. [When the corporation is no longer required to
12 make any rental payments under any lease, sublease or agreement entered
13 into with the state housing finance agency in effect as of the effective
14 date of this amendment to this paragraph, all monies received or
15 accepted pursuant to paragraph a of this subdivision, other than appro-
16 priations and advances from the state and except as otherwise authorized
17 or provided in this section, shall be deposited into the mental health
18 services fund established by section 97-f of the state finance law. Any
19 monies remaining in the mental hygiene facilities improvement fund
20 income account and in any rental reserve account created pursuant to
21 paragraph c of subdivision 4 of this section, when such lease, sublease
22 or agreement is no longer in effect shall be deposited in the mental
23 health services fund.] The mental hygiene facilities improvement fund
24 and the income account therein shall remain in existence until termi-
25 nated by the corporation by written notice to the commissioner of taxa-
26 tion and finance. Any moneys on deposit in the mental hygiene facilities
27 improvement fund or the income account therein upon the termination of
28 said fund and account shall be transferred by the commissioner of taxa-
29 tion and finance to the mental health services fund. The corporation
30 shall not terminate the mental hygiene facilities improvement fund and
31 the income account therein until all mental health services facilities
32 bonds issued pursuant to: (i) the New York state medical care facilities
33 finance agency act; (ii) article five-c of the state finance law; and
34 (iii) article five-f of the state finance law and payable from the
35 income account as described in paragraph g of this subdivision are no
36 longer outstanding.
37 f. The directors of the corporation shall from time to time, but in no
38 event later than the fifteenth day of each month pay over to the commis-
39 sioner of taxation and finance and the state comptroller for deposit in
40 the mental health services fund, all monies of the corporation in excess
41 of the aggregate amount of money required to be maintained on deposit in
42 the mental hygiene facilities improvement fund income account pursuant
43 to [paragraph] paragraphs e and g of this subdivision. Prior to making
44 any such payment, the chairman of the corporation shall, on behalf of
45 the directors, make and deliver to the governor and the director of the
46 budget his certificate stating the aggregate amount to be maintained on
47 deposit in the mental hygiene facilities improvement fund income account
48 to comply in full with the provisions of [paragraph e] paragraphs e and
49 g of this subdivision.
50 g. (1) In addition to the amount required to be maintained by para-
51 graph e of this subdivision, there shall be accumulated and set aside in
52 each month in the mental hygiene facilities improvement fund income
53 account, all receipts associated with loans, leases and other agreements
54 with voluntary agencies. The corporation shall provide the amount of
55 such receipts to be set aside to the commissioner of taxation and
56 finance in each month. (2) No later than five days prior to the earlier
S. 1505--A 49 A. 2005--A
1 of when payment is to be made on bonds issued for mental health services
2 facilities purposes pursuant to: (i) the New York state medical care
3 facilities finance agency act; (ii) article five-C of the state finance
4 law; and (iii) article five-F of the state finance law, such set-aside
5 receipts shall be transferred by the commissioner of taxation and
6 finance as agent of the corporation from the mental hygiene facilities
7 improvement fund income account in the amounts set forth in schedules
8 provided by the corporation to the commissioner of taxation and finance
9 in the following priority: first, to the trustee appointed by the New
10 York state medical care facilities finance agency for the bonds issued
11 pursuant to the New York state medical care facilities finance agency
12 act for both voluntary agency and state purposes to pay debt service and
13 other cash requirements due on such bonds on the relevant payment date,
14 second, any remaining amount of such set-aside receipts to the trustee
15 appointed by authorized issuers for the bonds issued pursuant to article
16 five-C of the state finance law to pay debt service and other cash
17 requirements due on such bonds on the relevant payment date and third,
18 any remaining amount of such set-aside to the trustee appointed by
19 authorized issuers for the bonds issued pursuant to article five-F of
20 the state finance law to pay debt service and other cash requirements
21 due on such bonds on the relevant payment date.
22 § 49. Subdivisions 5 and 8 of section 97-f of the state finance law,
23 subdivision 5 as amended by section 15 of part BBB of chapter 59 of the
24 laws of 2018 and subdivision 8 as amended by section 59 of part HH of
25 chapter 57 of the laws of 2013, are amended and a new subdivision 9 is
26 added to read as follows:
27 5. The comptroller shall from time to time, but in no event later than
28 the fifteenth day of each month, pay over for deposit in the mental
29 hygiene general fund state operations account all moneys in the mental
30 health services fund in excess of the amount of money required to be
31 maintained on deposit in the mental health services fund. [The] Subject
32 to subdivision nine of this section, the amount required to be main-
33 tained in such fund shall be (i) twenty percent of the amount of the
34 next payment coming due relating to the mental health services facili-
35 ties improvement program under any agreement between the facilities
36 development corporation and the New York state medical care facilities
37 finance agency multiplied by the number of months from the date of the
38 last such payment with respect to payments under any such agreement
39 required to be made semi-annually, plus (ii) those amounts specified in
40 any such agreement with respect to payments required to be made other
41 than semi-annually, including for variable rate bonds, interest rate
42 exchange or similar agreements or other financing arrangements permitted
43 by law. [Prior to making any such payment, the comptroller shall make
44 and deliver to the director of the budget and the chairmen of the facil-
45 ities development corporation and the New York state medical care facil-
46 ities finance agency, a certificate stating the aggregate amount to be
47 maintained on deposit in the mental health services fund to comply in
48 full with the provisions of this subdivision.] Concurrently with the
49 making of any such payment, the facilities development corporation shall
50 deliver to the comptroller, the director of the budget and the New York
51 state medical care facilities finance agency a certificate stating the
52 aggregate amount to be maintained on deposit in the mental health
53 services fund to comply in full with the provisions of this subdivision.
54 8. In addition to the amounts required to be maintained on deposit in
55 the mental health services fund pursuant to subdivision five of this
56 section and subject to subdivision nine of this section, the fund shall
S. 1505--A 50 A. 2005--A
1 maintain on deposit an amount equal to the debt service and other cash
2 requirements on mental health services facilities bonds issued by
3 authorized issuers pursuant to sections sixty-eight-b and sixty-nine-n
4 of this chapter. The amount required to be maintained in such fund shall
5 be (i) twenty percent of the amount of the next payment coming due
6 relating to mental health services facilities bonds issued by an author-
7 ized issuer multiplied by the number of months from the date of the last
8 such payment with respect to payments required to be made semi-annually,
9 plus (ii) those amounts specified in any financing agreement between the
10 issuer and the state, acting through the director of the budget, with
11 respect to payments required to be made other than semi-annually,
12 including for variable rate bonds, interest rate exchange or similar
13 agreements or other financing arrangements permitted by law. [Prior to
14 making any such payment, the comptroller shall make and deliver to the
15 director of the budget and the chairmen of the facilities development
16 corporation and the New York state medical care facilities finance agen-
17 cy, a certificate stating the aggregate amount to be maintained on
18 deposit in the mental health services fund to comply in full with the
19 provisions of this subdivision.] Concurrently with the making of any
20 such payment, the facilities development corporation shall deliver to
21 the comptroller, the director of the budget and the New York state
22 medical care facilities finance agency a certificate stating the aggre-
23 gate amount to be maintained on deposit in the mental health services
24 fund to comply in full with the provisions of this subdivision.
25 No later than five days prior to the payment to be made by the state
26 comptroller on such mental health services facilities bonds pursuant to
27 sections ninety-two-z and ninety-two-h of this article, the amount of
28 such payment shall be transferred by the state comptroller from the
29 mental health services fund to the revenue bond tax fund established by
30 section ninety-two-z of this article and the sales tax revenue bond fund
31 established by section ninety-two-h of this article. The accumulation of
32 moneys pursuant to this subdivision and subsequent transfer to the
33 revenue bond tax fund and the sales tax revenue bond fund shall be
34 subordinate in all respects to payments to be made to the New York state
35 medical care facilities finance agency and to any pledge or assignment
36 pursuant to subdivision six of this section.
37 9. In determining the amounts required to be maintained in the mental
38 health services fund under subdivisions five and eight of this section
39 in each month, the amount of receipts associated with loans, leases and
40 other agreements with voluntary agencies accumulated and set aside in
41 the mental hygiene facilities improvement fund income account under
42 paragraph g of subdivision three of section nine of the facilities
43 development corporation act shall be taken into account as a credit but
44 only if such crediting does not result in the amounts required to be
45 maintained in the mental health services fund exclusive of any credit to
46 be less than the amount required under subdivision five of this section
47 in each month.
48 § 49-a. State finance law is amended by adding a new Article 3-A, to
49 be known as the Fiscal Accountability and Budget Balance Act, to read as
50 follow:
51 § 28. Legislative intent.
52 This legislation is being advanced to ensure the fiscal discipline of
53 the State's Executive Budget process by requiring that legislation
54 passed outside of the State's Executive Budget process adequately takes
55 into account the impact of such bills and makes clear prescriptions
56 regarding the spending to be offset to maintain budget balance. The
S. 1505--A 51 A. 2005--A
1 initial offset recommendations by the Legislature to the Executive are
2 an integral part of the process of adjusting the Enacted Budget as
3 appropriate; however, this bill requires the Budget Director to deter-
4 mine the estimated fiscal impact of any such legislation passed, as well
5 as the associated plans to offset such spending effectuated by the
6 legislation. Instead, this legislation is intended to preserve the
7 rights of the Legislature to advance legislation, and the role of the
8 Executive to maintain budget balance.
9 § 29. Definitions.
10 1. The following terms shall have the following meanings when used in
11 this chapter.
12 (a) "Fiscal impact" shall mean any estimated increase in estimated
13 disbursements and/or estimated decrease in estimated receipts in
14 relation to the baseline estimates of the enacted budget financial plan.
15 (b) "Baseline estimates of the enacted budget financial plan" shall
16 mean the estimates included in a respective year's enacted budget finan-
17 cial plan submitted in accordance with section 23 of the state finance
18 law.
19 (c) "Dual sponsorship" shall mean identical "same as" bills introduced
20 in both the New York State Senate and the Assembly.
21 (d) "Regular session" shall mean session days as published by the
22 Legislature annually in the New York State Legislative Session calendar,
23 including, but not limited to any end of regular session extensions.
24 (e) "Aid to localities appropriation bill" shall mean the aid to
25 localities appropriation bill submitted by the governor and enacted by
26 the legislature in accordance with article VII of the New York State
27 constitution.
28 § 30. Bills with fiscal impacts.
29 1. The speaker of the assembly and the temporary president of the
30 senate shall include a fiscal note and an initial fiscal accountability
31 plan with each bill which the speaker of the assembly and the temporary
32 president of the senate determine may have a fiscal impact on baseline
33 estimates of the enacted budget financial plan for the current or imme-
34 diately following state fiscal year. Provided however that neither the
35 fiscal note nor the initial fiscal accountability plan required by this
36 section shall be required for bills submitted by the Governor to Legis-
37 lature pursuant to Article VII of the New York State Constitution nor to
38 any bill for which the Governor submits a message certifying to the
39 necessity of the immediate passage of such a bill or vote thereon. The
40 speaker of the assembly and the temporary president of the senate shall
41 ensure that fiscal notes and initial fiscal accountability plans
42 required by this section remain posted online for the fiscal year in
43 which the bill is introduced and the immediately following fiscal year.
44 2. A fiscal note required by subdivision one of this section shall, at
45 a minimum, clearly state the fiscal impact which would result from the
46 passage of the subject bill.
47 3. Any initial fiscal accountability plan required by subdivision one
48 of this section shall, at a minimum:
49 (a) clearly state the fiscal impact which would result from the
50 passage of the subject bill;
51 (b) describe the methodology by which such fiscal impact was calcu-
52 lated;
53 (c) clearly summarize and describe the specific estimated disbursement
54 reductions and/or estimated receipt increases to the baseline estimates
55 in the enacted budget financial plan that have been identified to fully
56 offset the fiscal impact of the associated bill; and
S. 1505--A 52 A. 2005--A
1 (d) give due consideration to the inherent risk in economic and fore-
2 casting and the interest of the state to maintain budget balance
3 throughout the fiscal year.
4 4. Disbursement reductions and receipt increases identified in para-
5 graph (c) of subdivision 3 of this section:
6 (a) may include reductions to appropriation authority and concomitant
7 cash disbursements set forth in a current year aid to localities appro-
8 priation bill, but shall not include reductions to appropriation author-
9 ity set forth in any other appropriation bill submitted by the governor
10 and enacted by the legislature pursuant to Article VII of the New York
11 state constitution nor to any other bill containing an appropriation for
12 which the Governor submits a message certifying to the necessity of the
13 immediate passage of such a bill or vote thereon;
14 (c) shall not include the deferral of payments or use of non-recurring
15 resources to offset recurring costs, re-estimates to entitlement-based
16 programs that require legislative amendments unless such amendments have
17 been enacted; and
18 (d) shall not include (i) reductions to appropriations or payments
19 which the budget director determines are public assistance payments for
20 families and individuals and payments for eligible aged, blind and disa-
21 bled persons related to supplemental social security; (ii) any
22 reductions that the budget director determines would violate federal
23 law; (iii) reductions to payments of debt service and related expenses
24 for which the budget director determines the state is constitutionally
25 obligated to pay debt service or is contractually obligated to pay debt
26 service, subject to an appropriation, including where the state has a
27 contingent contractual obligation; and (iv) reductions to payments the
28 budget director determines the state is obligated to make pursuant to
29 court orders or judgments as determined by the budget director.
30 § 31. Executive Fiscal Note.
31 1. As soon as practicable, but in no event no later than 10 days
32 following passage of a bill by both houses of the Legislature, the Budg-
33 et Director shall submit to the Legislature an Executive Fiscal Note on
34 any bill which has dual sponsorship and which the Budget Director deter-
35 mines may reasonably have a fiscal impact of $1 million or more on the
36 baseline estimates of the enacted budget financial plan. Provided howev-
37 er, that the Executive Fiscal note required by this section shall not be
38 required for any bill submitted by the Governor to Legislature pursuant
39 to Art. VII of the State Constitution nor to any bill for which the
40 Governor submits a message certifying to the necessity of the immediate
41 passage of such a bill or vote thereon.
42 2. An Executive Fiscal Note prepared in accordance with this section
43 shall, at a minimum:
44 (a) clearly state the fiscal impact which would result from the
45 passage of the subject bill;
46 (b) describe the methodology by which such fiscal impact was calcu-
47 lated; and
48 (c) give due consideration to the inherent risk in economic and fore-
49 casting and the interest of the state to maintain budget balance
50 § 32. Final Fiscal Accountability Plan.
51 1. No later than 15 days following the Budget Director's submission of
52 an Executive Fiscal Note in accordance with section 31 of this chapter,
53 the speaker of the assembly and the temporary president of the senate
54 shall jointly transmit a Final fiscal accountability Plan to the budget
55 director. Provided however, that the final fiscal accountability plan
56 required by this section shall not be required for any bill submitted by
S. 1505--A 53 A. 2005--A
1 the Governor to Legislature pursuant to Article VII of the State Consti-
2 tution nor to any bill for which the Governor submits a message certify-
3 ing to the necessity of the immediate passage of such a bill or vote
4 thereon.
5 2. A final fiscal accountability plan prepared in accordance with this
6 section shall, at a minimum, summarize and describe the specific esti-
7 mated disbursement reductions and/or estimated receipt increases to the
8 baseline estimates of the enacted budget financial plan that have been
9 identified to fully offset the fiscal impact of the associated bill.
10 3. Disbursement reductions and receipt increases identified in subdi-
11 vision 2 of this section:
12 (a) may include reductions to appropriation authority and concomitant
13 cash disbursements set forth in a current year aid to localities appro-
14 priation bill, but shall not include reductions to appropriation author-
15 ity set forth in any other appropriation bill submitted by the governor
16 and enacted by the legislature pursuant to Article VII of the New York
17 State constitution nor to any other bill containing an appropriation for
18 which the Governor submits a message certifying to the necessity of the
19 immediate passage of such a bill or vote thereon;
20 (b) shall not include the deferral of payments or use of non-recurring
21 resources to offset recurring costs, re-estimates to entitlement-based
22 programs that require legislative amendments unless such amendments have
23 been enacted; and
24 (c) shall not include (i) reductions to appropriations or payments
25 which the budget director determines are public assistance payments for
26 families and individuals and payments for eligible aged, blind and disa-
27 bled persons related to supplemental social security; (ii) any
28 reductions that the budget director determines would violate federal
29 law; (iii) reductions to payments of debt service and related expenses
30 for which the budget director determines the state is constitutionally
31 obligated to pay debt service or is contractually obligated to pay debt
32 service, subject to an appropriation, including where the state has a
33 contingent contractual obligation; and (iv) reductions to payments the
34 budget director determines the state is obligated to make pursuant to
35 court orders or judgments.
36 § 33. Comprehensive legislative impact plan.
37 1. No later than 30 days following the end of each regular session,
38 the Budget Director shall submit to the speaker of the assembly, the
39 temporary president of the senate, and the office of the state comp-
40 troller a comprehensive legislative impact plan.
41 2. A comprehensive legislative impact plan shall include, at a mini-
42 mum:
43 (a) the total fiscal impact of every bill passed by both houses of the
44 Legislature with a fiscal impact equal to $1 million or more as well as
45 any other bills passed by both houses of the Legislature which the Budg-
46 et director determines in the aggregate have a fiscal impact of $10
47 million or more other than those bills submitted by the Governor to
48 Legislature pursuant to Art. VII of the State Constitution or any bills
49 for which the Governor submits a message certifying to the necessity of
50 the immediate passage of such a bill or vote thereon;
51 (b) an itemized list indicating the budget director's final determi-
52 nation as to whether the final fiscal accountability plans submitted for
53 every bill which has passed both houses of the Legislature are suffi-
54 cient or insufficient to offset the fiscal impact of such bill;
55 (c) for every instance where a final fiscal accountability plan
56 submitted for a given bill is determined by the budget director to be
S. 1505--A 54 A. 2005--A
1 insufficient to offset the fiscal impact of the respective bill, an
2 explanation of such determination;
3 (d) a fiscal accountability total, which shall be equal to the value
4 of all final fiscal accountability plans determined by the budget direc-
5 tor to be sufficient to offset the fiscal impact of such plans' respec-
6 tive bills in accordance with paragraph (b) of this section;
7 (e) a total reduction amount, which shall be equal to the difference
8 between the total fiscal impact described in paragraph (a) of this
9 subdivision and the fiscal accountability total set forth in paragraph
10 (d) of this section; and
11 (f) a uniform reduction amount, which shall be the percentage by which
12 all special state revenue and general fund aid to localities appropri-
13 ations and concomitant cash disbursements, except those aid to locali-
14 ties appropriations and concomitant cash disbursements identified in
15 subdivision three of this section, necessary to offset current fiscal
16 year expenditures in an amount equal to the total reduction amount.
17 3. Reductions to current year aid to localities appropriations pursu-
18 ant to paragraph (f) of subdivision 2 of this section shall not include:
19 (a) reductions to appropriations or payments which the budget director
20 determines are public assistance payments for families and individuals
21 and payments for eligible aged, blind and disabled persons related to
22 supplemental social security; (b) any reductions that the budget direc-
23 tor determines would violate federal law; (c) reductions to payments of
24 debt service and related expenses for which the budget director deter-
25 mines the state is constitutionally obligated to pay debt service or is
26 contractually obligated to pay debt service, subject to an appropri-
27 ation, including where the state has a contingent contractual obli-
28 gation; and (d) reductions to payments the budget director determines
29 the state is obligated to make pursuant to court orders or judgments.
30 4. The final fiscal accountability plans included in the fiscal
31 accountability total set forth in paragraph (d) of subdivision 2 of this
32 section and the uniform reduction amount set forth in paragraph (f) of
33 subdivision 2 of this section shall take effect upon the filing of a
34 certification by the budget director including his or her approval of
35 such final fiscal accountability plans with the speaker of the assembly,
36 the temporary president of the senate, and the office of the state comp-
37 troller, provided however that such certification must be filed no later
38 than 15 days from the date on which the budget director submits the
39 comprehensive legislative impact plan in accordance with this section,
40 and subsequently within 15 days from the date on which the budget direc-
41 tor determines adjustments the total reduction amount and the uniform
42 reduction amount set forth in paragraphs (e) and (f) of subdivision 2 of
43 this section are necessary in accordance with subdivision 5 of this
44 section.
45 5. The Budget Director shall adjust the total reduction amount and the
46 uniform reduction amount set forth in paragraphs (e) and (f) of subdivi-
47 sion 2 of this section as appropriate upon final action of the governor
48 on the associated bills in accordance with article IV of the New York
49 state constitution. Additionally, the Budget Director shall adjust the
50 total reduction amount and the uniform reduction amount set forth in
51 paragraphs (e) and (f) of subdivision 2 of this section to account for
52 any bills passed by both houses of the legislature after the regular
53 session and before January 1 of the immediately following fiscal year in
54 the event that the final fiscal accountability plans required for such
55 post-regular session bills are deemed by the Budget Director to be
56 insufficient to offset the fiscal impact of such bills. Such adjust-
S. 1505--A 55 A. 2005--A
1 ments may, in the budget director's discretion, include the restoration
2 of state special revenue fund and general fund aid to localities appro-
3 priations reduced pursuant to the total reduction amount and the uniform
4 reduction amount set forth in paragraphs (e) and (f) of subdivision 2 of
5 this section.
6 6. To the extent any individual or entity is entitled to any cash
7 disbursement authorized by any state special revenue or general fund
8 appropriation contained within a current year aid to localities appro-
9 priation bill, such entitlement shall be deemed reduced commensurate any
10 reductions set forth in a final fiscal accountability plan included in
11 the fiscal accountability total set forth in paragraph (d) of subdivi-
12 sion 2 of this section and the uniform reduction amount set forth in
13 paragraph (f) of subdivision 2 of this section.
14 § 50. This act shall take effect immediately and shall be deemed to
15 have been in full force and effect on and after April 1, 2019; provided,
16 however, that the provisions of sections one, one-a, one-b, two, three,
17 four, five, six, seven, eight, thirteen, fourteen, fifteen, sixteen,
18 seventeen, eighteen, nineteen, twenty, twenty-two, twenty-three, and
19 twenty-four of this act shall expire March 31, 2020 when upon such date
20 the provisions of such sections shall be deemed repealed.
21 PART L
22 Section 1. Section 4 of chapter 22 of the laws of 2014, relating to
23 expanding opportunities for service-disabled veteran-owned business
24 enterprises, is amended to read as follows:
25 § 4. This act shall take effect immediately; provided, however, that
26 sections one, one-a and two of this act shall expire and be deemed
27 repealed March 31, [2019] 2024; and provided, further, however, that the
28 amendments to subdivisions 7 and 15 of section 310 of the executive law
29 made by section three of this act shall not affect the expiration of
30 such section and shall be deemed to expire therewith.
31 § 2. This act shall take effect immediately and shall be deemed to
32 have been in full force and effect on and after April 1, 2019.
33 PART M
34 Section 1. Subdivision 2 of section 87 of the workers' compensation
35 law, as added by section 20 of part GG of chapter 57 of the laws of
36 2013, is amended to read as follows:
37 2. Any of the surplus funds belonging to the state insurance fund, by
38 order of the commissioners, approved by the superintendent of financial
39 services, may be invested (1) in the types of securities described in
40 subdivisions one, two, three, four, five, six, eleven, twelve, twelve-a,
41 thirteen, fourteen, fifteen, nineteen, twenty, twenty-one, twenty-one-a,
42 twenty-four, twenty-four-a, twenty-four-b, twenty-four-c and twenty-five
43 of section two hundred thirty-five of the banking law , or (2) in the
44 types of obligations described in paragraph two of subsection (a) of
45 section one thousand four hundred four of the insurance law except that
46 up to twenty-five percent of surplus funds may be invested in obli-
47 gations rated investment grade by a nationally recognized securities
48 rating organization, or[,] (3) up to fifty percent of surplus funds, in
49 the types of securities or investments described in paragraphs [two,]
50 three, eight and ten of subsection (a) of section one thousand four
51 hundred four of the insurance law, except that [up to ten percent of
52 surplus funds may be invested] investments in [the securities of any
S. 1505--A 56 A. 2005--A
1 solvent American institution as described in such paragraphs] diversi-
2 fied index funds and accounts may be made irrespective of the rating [of
3 such institution's obligations] or other similar qualitative standards
4 [described therein, and] applicable under such paragraphs, or (4) up to
5 ten percent of surplus funds, in the types of securities or investments
6 described in paragraphs two, three and ten of subsection (a) of section
7 one thousand four hundred four of the insurance law irrespective of the
8 rating of such institution's obligations or other similar qualitative
9 standard, or (5) up to fifteen percent of surplus funds in securities or
10 investments which do not otherwise qualify for investment under this
11 section as shall be made with the care, prudence and diligence under the
12 circumstances then prevailing that a prudent person acting in a like
13 capacity and familiar with such matters would use in the conduct of an
14 enterprise of a like character and with like aims as provided for the
15 state insurance fund under this article, but shall not include any
16 direct derivative instrument or derivative transaction except for hedg-
17 ing purposes. Notwithstanding any other provision in this subdivision,
18 the aggregate amount that the state insurance fund may invest in the
19 types of securities or investments described in paragraphs three, eight
20 and ten of subsection (a) of section one thousand four hundred four of
21 the insurance law and as a prudent person acting in a like capacity
22 would invest as provided in this subdivision shall not exceed fifty
23 percent of such surplus funds. For the purposes of this subdivision, any
24 funds appropriated pursuant to the provisions of subdivision one or two
25 of section eighty-seven-f of this article shall not be considered
26 surplus funds.
27 § 2. This act shall take effect immediately.
28 PART N
29 Section 1. Paragraph (a) of subdivision 5 of section 54 of the work-
30 ers' compensation law, as amended by chapter 469 of the laws of 2017, is
31 amended to read as follows:
32 (a) Cancellation and termination of insurance contracts. No contract
33 of insurance issued by an insurance carrier against liability arising
34 under this chapter shall be cancelled within the time limited in such
35 contract for its expiration unless notice is given as required by this
36 section. When cancellation is due to non-payment of premiums and assess-
37 ments, such cancellation shall not be effective until at least ten days
38 after a notice of cancellation of such contract, on a date specified in
39 such notice, shall be filed in the office of the chair and also served
40 on the employer. When cancellation is due to any reason other than non-
41 payment of premiums and assessments, such cancellation shall not be
42 effective until at least thirty days after a notice of cancellation of
43 such contract, on a date specified in such notice, shall be filed in the
44 office of the chair and also served on the employer; provided, however,
45 in either case, that if the employer has secured insurance with another
46 insurance carrier which becomes effective prior to the expiration of the
47 time stated in such notice, the cancellation shall be effective as of
48 the date of such other coverage. No insurer shall refuse to renew any
49 policy insuring against liability arising under this chapter unless at
50 least thirty days prior to its expiration notice of intention not to
51 renew has been filed in the office of the chair and also served on the
52 employer.
53 Such notice shall be served on the employer by delivering it to him,
54 her or it or by sending it by mail, by certified or registered letter,
S. 1505--A 57 A. 2005--A
1 return receipt requested, addressed to the employer at his, her or its
2 last known place of business; provided that, if the employer be a part-
3 nership, then such notice may be so given to any of one of the partners,
4 and if the employer be a corporation then the notice may be given to any
5 agent or officer of the corporation upon whom legal process may be
6 served; and further provided that an employer may designate any person
7 or entity at any address to receive such notice including the desig-
8 nation of one person or entity to receive notice on behalf of multiple
9 entities insured under one insurance policy and that service of notice
10 at the address so designated upon the person or entity so designated by
11 delivery or by mail, by certified or registered letter, return receipt
12 requested, shall satisfy the notice requirement of this section.
13 [Provided, however, the] The right to cancellation of a policy of insur-
14 ance in the state insurance fund, however, shall be exercised only for
15 non-payment of premiums and assessments, or failure by the employer to
16 cooperate with a payroll audit, or as provided in section ninety-four of
17 this chapter. The state insurance fund may cancel a policy for the
18 employer's failure to cooperate with a payroll audit if the employer
19 fails (i) either to make or keep an appointment during regular business
20 hours with a payroll auditor, after the state insurance fund has made at
21 least two attempts to arrange an appointment including contacting the
22 employer's broker or accountant, if any, or (ii) to furnish business
23 records in the course of a payroll audit as required pursuant to
24 sections ninety-five and one hundred thirty-one of this chapter. At
25 least fifteen days in advance of sending a notice of cancellation for
26 failure to cooperate with a payroll audit, the state insurance fund
27 shall send a warning notice to the employer in the same manner as
28 provided in this subdivision for serving a notice of cancellation. Such
29 notice shall specify a means of contacting the sate insurance fund to
30 set up an audit appointment. The state insurance fund will be required
31 to provide only one such warning notice to an employer related to any
32 particular payroll audit prior to cancellation.
33 The provisions of this subdivision shall not apply with respect to
34 policies containing coverage pursuant to subsection (j) of section three
35 thousand four hundred twenty of the insurance law relating to every
36 policy providing comprehensive personal liability insurance on a one,
37 two, three or four family owner-occupied dwelling.
38 In the event such cancellation or termination notice is not filed with
39 the chair within the required time period, the chair shall impose a
40 penalty in the amount of up to five hundred dollars for each ten-day
41 period the insurance carrier or state insurance fund failed to file the
42 notification. All penalties collected pursuant to this subdivision shall
43 be deposited in the uninsured employers' fund.
44 § 2. Section 93 of the workers' compensation law, as amended by
45 section 24 of part GG of chapter 57 of the laws of 2013, is amended to
46 read as follows:
47 § 93. Collection of premium in case of default. a. If a policyholder
48 shall default in any payment required to be made by [him] such policy-
49 holder to the state insurance fund or shall fail to cooperate with a
50 payroll audit as specified in subdivision five of section fifty-four of
51 this chapter, after due notice, [his] such policyholder's insurance in
52 the state insurance fund may be cancelled and the amount due from [him]
53 such policyholder shall be collected by civil action brought against
54 [him] such policyholder in any county wherein the state insurance fund
55 maintains an office in the name of the commissioners of the state insur-
56 ance fund and the same, when collected, shall be paid into the state
S. 1505--A 58 A. 2005--A
1 insurance fund, and such policyholder's compliance with the provisions
2 of this chapter requiring payments to be made to the state insurance
3 fund shall date from the time of the payment of said money to the state
4 insurance fund.
5 b. An employer, whose policy of insurance has been cancelled by the
6 state insurance fund for non-payment of premium, or failure to cooperate
7 with a payroll audit, and assessments or [withdraws] cancelled pursuant
8 to section ninety-four of this article, is ineligible to contract for a
9 subsequent policy of insurance with the state insurance fund [while]
10 until the state insurance fund receives full cooperation from such
11 employer in completing any payroll audit on the cancelled policy and the
12 billed premium on the cancelled policy [remains uncollected] is paid,
13 including any additional amounts billed following the completion of any
14 payroll audit.
15 c. The state insurance fund shall not be required to write a policy of
16 insurance for any employer which is owned or controlled or the majority
17 interest of which is owned or controlled, directly or indirectly, by any
18 person who directly or indirectly owns or controls or owned or
19 controlled at the time of cancellation an employer whose former policy
20 of insurance with the state insurance fund was cancelled for non-payment
21 of premium [and assessments], or for failure to cooperate with a payroll
22 audit, or [withdraws] cancelled pursuant to section ninety-four of this
23 article, or who is or was at the time of cancellation the president,
24 vice-president, secretary or treasurer of such an employer until the
25 state insurance fund receives full cooperation from such employer in
26 completing any payroll audit and the billed premium on the cancelled
27 policy is paid, including any additional amounts billed following the
28 completion of any payroll audit.
29 For purposes of this subdivision, "person" [shall include individuals,
30 partnerships, corporations, and other associations] means any individ-
31 ual, firm, company, partnership, corporation, limited liability company,
32 joint venture, joint-stock association, association, trust or any other
33 legal entity whatsoever.
34 d. For the purposes of this section, the word "premium" includes all
35 amounts required to be paid to the state insurance fund including any
36 assessment by the workers' compensation board that the state insurance
37 fund bills to an employer.
38 § 3. Section 95 of the workers' compensation law, as amended by chap-
39 ter 135 of the laws of 1998, is amended to read as follows:
40 § 95. Record and audit of payrolls. (1) Every employer who is insured
41 in the state insurance fund shall keep a true and accurate record of the
42 number of [his] its employees, the classification of its employees,
43 information regarding employee accidents and the wages paid by [him]
44 such employer, as well as such records relating to any person performing
45 services under a subcontract with such employer who is not covered under
46 the subcontractor's own workers' compensation insurance policy, and
47 shall furnish, upon demand, a sworn statement of the same. Such record
48 and any other records of an employer containing such information
49 pertaining to any policy period including, but not limited to, any
50 payroll book, payroll and distribution records, cash book, check book,
51 bank account statements, commission records, ledgers, journals, regis-
52 ters, vouchers, contracts, tax returns and reports, and computer
53 programs for retrieving data, certificates of insurance pertaining to
54 subcontractors and any other business records specified by the rules of
55 the board shall be open to inspection by the state insurance fund at any
56 time and as often as may be necessary to verify the number of employees
S. 1505--A 59 A. 2005--A
1 [and], the amount of the payroll, the classification of employees and
2 information regarding employee accidents. Any employer who shall fail
3 to keep [such] any record required in this section, who shall willfully
4 fail to furnish such record or who shall willfully falsify any such
5 record[,] shall be guilty of a misdemeanor and subject to a fine of not
6 less than five thousand dollars nor more than ten thousand dollars in
7 addition to any other penalties otherwise provided by law, except that
8 any such employer that has previously been subject to criminal penalties
9 under this section within the prior ten years shall be guilty of a class
10 E felony, and subject to a fine of not less than ten thousand dollars
11 nor more than twenty-five thousand dollars in addition to any penalties
12 otherwise provided by law.
13 (2) Employers subject to [subdivision] subsection (e) of section two
14 thousand three hundred four of the insurance law and subdivision two of
15 section eighty-nine of this article shall keep a true and accurate
16 record of hours worked for all construction classification employees.
17 The willful failure to keep such record, or the knowing falsification of
18 any such record, may be prosecuted as insurance fraud in accordance with
19 the provisions of section 176.05 of the penal law.
20 § 4. Subdivision 1 of section 131 of the workers' compensation law, as
21 amended by chapter 6 of the laws of 2007, is amended to read as follows:
22 (1) Every employer subject to the provisions of this chapter shall
23 keep a true and accurate record of the number of [his or her] its
24 employees, the classification of its employees, information regarding
25 employee accidents and the wages paid by [him or her] such employer for
26 a period of four years after each entry therein, [which] as well as such
27 records relating to any person performing services under a subcontract
28 of such employer that is not covered under the subcontractor's own work-
29 ers' compensation insurance policy. Such records shall be open to
30 inspection at any time, and as often as may be necessary to verify the
31 same by investigators of the board, by the authorized auditors, account-
32 ants or inspectors of the carrier with whom the employer is insured, or
33 by the authorized auditors, accountants or inspectors of any workers'
34 compensation insurance rating board or bureau operating under the
35 authority of the insurance law and of which board or bureau such carrier
36 is a member or the group trust of which the employer is a member. Any
37 and all records required by law to be kept by such employer upon which
38 the employer makes or files a return concerning wages paid to employees
39 and any other records of an employer containing such information
40 pertaining to any policy period including, but not limited to, any
41 payroll book, payroll and distribution records, cash book, check book,
42 bank account statements, commission records, ledgers, journals, regis-
43 ters, vouchers, contracts, tax returns and reports, and computer
44 programs for retrieving data, certificates of insurance pertaining to
45 subcontractors and any other business records specified by the rules of
46 the board shall form part of the records described in this section and
47 shall be open to inspection in the same manner as provided in this
48 section. Any employer who shall fail to keep such records, who shall
49 willfully fail to furnish such record as required in this section or who
50 shall falsify any such records, shall be guilty of a misdemeanor and
51 subject to a fine of not less than five nor more than ten thousand
52 dollars in addition to any other penalties otherwise provided by law,
53 except that any such employer that has previously been subject to crimi-
54 nal penalties under this section within the prior ten years shall be
55 guilty of a class E felony, and subject to a fine of not less than ten
S. 1505--A 60 A. 2005--A
1 nor more than twenty-five thousand dollars in addition to any penalties
2 otherwise provided by law.
3 § 5. This act shall take effect on the ninetieth day after it shall
4 have become a law and shall be applicable to policies issued or renewed
5 after such date.
6 PART O
7 Section 1. Section 2 of chapter 887 of the laws of 1983, amending the
8 correction law relating to the psychological testing of candidates, as
9 amended by section 1 of part A of chapter 55 of the laws of 2017, is
10 amended to read as follows:
11 § 2. This act shall take effect on the one hundred eightieth day after
12 it shall have become a law and shall remain in effect until September 1,
13 [2019] 2021.
14 § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
15 tive law and the criminal procedure law relating to expanding the
16 geographic area of employment of certain police officers, as amended by
17 section 2 of part A of chapter 55 of the laws of 2017, is amended to
18 read as follows:
19 § 3. This act shall take effect on the first day of November next
20 succeeding the date on which it shall have become a law, and shall
21 remain in effect until the first day of September, [2019] 2021, when it
22 shall expire and be deemed repealed.
23 § 3. Section 3 of chapter 886 of the laws of 1972, amending the
24 correction law and the penal law relating to prisoner furloughs in
25 certain cases and the crime of absconding therefrom, as amended by
26 section 3 of part A of chapter 55 of the laws of 2017, is amended to
27 read as follows:
28 § 3. This act shall take effect 60 days after it shall have become a
29 law and shall remain in effect until September 1, [2019] 2021.
30 § 4. Section 20 of chapter 261 of the laws of 1987, amending chapters
31 50, 53 and 54 of the laws of 1987, the correction law, the penal law and
32 other chapters and laws relating to correctional facilities, as amended
33 by section 4 of part A of chapter 55 of the laws of 2017, is amended to
34 read as follows:
35 § 20. This act shall take effect immediately except that section thir-
36 teen of this act shall expire and be of no further force or effect on
37 and after September 1, [2019] 2021 and shall not apply to persons
38 committed to the custody of the department after such date, and provided
39 further that the commissioner of corrections and community supervision
40 shall report each January first and July first during such time as the
41 earned eligibility program is in effect, to the chairmen of the senate
42 crime victims, crime and correction committee, the senate codes commit-
43 tee, the assembly correction committee, and the assembly codes commit-
44 tee, the standards in effect for earned eligibility during the prior
45 six-month period, the number of inmates subject to the provisions of
46 earned eligibility, the number who actually received certificates of
47 earned eligibility during that period of time, the number of inmates
48 with certificates who are granted parole upon their first consideration
49 for parole, the number with certificates who are denied parole upon
50 their first consideration, and the number of individuals granted and
51 denied parole who did not have earned eligibility certificates.
52 § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
53 amending the tax law and other laws relating to taxes, surcharges, fees
S. 1505--A 61 A. 2005--A
1 and funding, as amended by section 5 of part A of chapter 55 of the laws
2 of 2017, is amended to read as follows:
3 (q) the provisions of section two hundred eighty-four of this act
4 shall remain in effect until September 1, [2019] 2021 and be applicable
5 to all persons entering the program on or before August 31, [2019] 2021.
6 § 6. Section 10 of chapter 339 of the laws of 1972, amending the
7 correction law and the penal law relating to inmate work release,
8 furlough and leave, as amended by section 6 of part A of chapter 55 of
9 the laws of 2017, is amended to read as follows:
10 § 10. This act shall take effect 30 days after it shall have become a
11 law and shall remain in effect until September 1, [2019] 2021, and
12 provided further that the commissioner of correctional services shall
13 report each January first, and July first, to the chairman of the senate
14 crime victims, crime and correction committee, the senate codes commit-
15 tee, the assembly correction committee, and the assembly codes commit-
16 tee, the number of eligible inmates in each facility under the custody
17 and control of the commissioner who have applied for participation in
18 any program offered under the provisions of work release, furlough, or
19 leave, and the number of such inmates who have been approved for partic-
20 ipation.
21 § 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994
22 relating to certain provisions which impact upon expenditure of certain
23 appropriations made by chapter 50 of the laws of 1994 enacting the state
24 operations budget, as amended by section 7 of part A of chapter 55 of
25 the laws of 2017, is amended to read as follows:
26 (c) sections forty-one and forty-two of this act shall expire Septem-
27 ber 1, [2019] 2021; provided, that the provisions of section forty-two
28 of this act shall apply to inmates entering the work release program on
29 or after such effective date; and
30 § 8. Subdivision h of section 74 of chapter 3 of the laws of 1995,
31 amending the correction law and other laws relating to the incarceration
32 fee, as amended by section 8 of part A of chapter 55 of the laws of
33 2017, is amended to read as follows:
34 h. Section fifty-two of this act shall be deemed to have been in full
35 force and effect on and after April 1, 1995; provided, however, that the
36 provisions of section 189 of the correction law, as amended by section
37 fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
38 as amended by section fifty-six of this act, and section fifty-seven of
39 this act shall expire September 1, [2019] 2021, when upon such date the
40 amendments to the correction law and penal law made by sections fifty-
41 five and fifty-six of this act shall revert to and be read as if the
42 provisions of this act had not been enacted; provided, however, that
43 sections sixty-two, sixty-three and sixty-four of this act shall be
44 deemed to have been in full force and effect on and after March 1, 1995
45 and shall be deemed repealed April 1, 1996 and upon such date the
46 provisions of subsection (e) of section 9110 of the insurance law and
47 subdivision 2 of section 89-d of the state finance law shall revert to
48 and be read as set out in law on the date immediately preceding the
49 effective date of sections sixty-two and sixty-three of this act;
50 § 9. Subdivision (c) of section 49 of subpart A of part C of chapter
51 62 of the laws of 2011 amending the correction law and the executive law
52 relating to merging the department of correctional services and division
53 of parole into the department of corrections and community supervision,
54 as amended by section 9 of part A of chapter 55 of the laws of 2017, is
55 amended to read as follows:
S. 1505--A 62 A. 2005--A
1 (c) that the amendments to subdivision 9 of section 201 of the
2 correction law as added by section thirty-two of this act shall remain
3 in effect until September 1, [2019] 2021, when it shall expire and be
4 deemed repealed;
5 § 10. Subdivision (aa) of section 427 of chapter 55 of the laws of
6 1992, amending the tax law and other laws relating to taxes, surcharges,
7 fees and funding, as amended by section 10 of part A of chapter 55 of
8 the laws of 2017, is amended to read as follows:
9 (aa) the provisions of sections three hundred eighty-two, three
10 hundred eighty-three and three hundred eighty-four of this act shall
11 expire on September 1, [2019] 2021;
12 § 11. Section 12 of chapter 907 of the laws of 1984, amending the
13 correction law, the New York city criminal court act and the executive
14 law relating to prison and jail housing and alternatives to detention
15 and incarceration programs, as amended by section 11 of part A of chap-
16 ter 55 of the laws of 2017, is amended to read as follows:
17 § 12. This act shall take effect immediately, except that the
18 provisions of sections one through ten of this act shall remain in full
19 force and effect until September 1, [2019] 2020 on which date those
20 provisions shall be deemed to be repealed.
21 § 12. Subdivision (p) of section 406 of chapter 166 of the laws of
22 1991, amending the tax law and other laws relating to taxes, as amended
23 by section 12 of part A of chapter 55 of the laws of 2017, is amended to
24 read as follows:
25 (p) The amendments to section 1809 of the vehicle and traffic law made
26 by sections three hundred thirty-seven and three hundred thirty-eight of
27 this act shall not apply to any offense committed prior to such effec-
28 tive date; provided, further, that section three hundred forty-one of
29 this act shall take effect immediately and shall expire November 1, 1993
30 at which time it shall be deemed repealed; sections three hundred
31 forty-five and three hundred forty-six of this act shall take effect
32 July 1, 1991; sections three hundred fifty-five, three hundred fifty-
33 six, three hundred fifty-seven and three hundred fifty-nine of this act
34 shall take effect immediately and shall expire June 30, 1995 and shall
35 revert to and be read as if this act had not been enacted; section three
36 hundred fifty-eight of this act shall take effect immediately and shall
37 expire June 30, 1998 and shall revert to and be read as if this act had
38 not been enacted; section three hundred sixty-four through three hundred
39 sixty-seven of this act shall apply to claims filed on or after such
40 effective date; sections three hundred sixty-nine, three hundred seven-
41 ty-two, three hundred seventy-three, three hundred seventy-four, three
42 hundred seventy-five and three hundred seventy-six of this act shall
43 remain in effect until September 1, [2019] 2021, at which time they
44 shall be deemed repealed; provided, however, that the mandatory
45 surcharge provided in section three hundred seventy-four of this act
46 shall apply to parking violations occurring on or after said effective
47 date; and provided further that the amendments made to section 235 of
48 the vehicle and traffic law by section three hundred seventy-two of this
49 act, the amendments made to section 1809 of the vehicle and traffic law
50 by sections three hundred thirty-seven and three hundred thirty-eight of
51 this act and the amendments made to section 215-a of the labor law by
52 section three hundred seventy-five of this act shall expire on September
53 1, [2019] 2021 and upon such date the provisions of such subdivisions
54 and sections shall revert to and be read as if the provisions of this
55 act had not been enacted; the amendments to subdivisions 2 and 3 of
56 section 400.05 of the penal law made by sections three hundred seventy-
S. 1505--A 63 A. 2005--A
1 seven and three hundred seventy-eight of this act shall expire on July
2 1, 1992 and upon such date the provisions of such subdivisions shall
3 revert and shall be read as if the provisions of this act had not been
4 enacted; the state board of law examiners shall take such action as is
5 necessary to assure that all applicants for examination for admission to
6 practice as an attorney and counsellor at law shall pay the increased
7 examination fee provided for by the amendment made to section 465 of the
8 judiciary law by section three hundred eighty of this act for any exam-
9 ination given on or after the effective date of this act notwithstanding
10 that an applicant for such examination may have prepaid a lesser fee for
11 such examination as required by the provisions of such section 465 as of
12 the date prior to the effective date of this act; the provisions of
13 section 306-a of the civil practice law and rules as added by section
14 three hundred eighty-one of this act shall apply to all actions pending
15 on or commenced on or after September 1, 1991, provided, however, that
16 for the purposes of this section service of such summons made prior to
17 such date shall be deemed to have been completed on September 1, 1991;
18 the provisions of section three hundred eighty-three of this act shall
19 apply to all money deposited in connection with a cash bail or a
20 partially secured bail bond on or after such effective date; and the
21 provisions of sections three hundred eighty-four and three hundred
22 eighty-five of this act shall apply only to jury service commenced
23 during a judicial term beginning on or after the effective date of this
24 act; provided, however, that nothing contained herein shall be deemed to
25 affect the application, qualification, expiration or repeal of any
26 provision of law amended by any section of this act and such provisions
27 shall be applied or qualified or shall expire or be deemed repealed in
28 the same manner, to the same extent and on the same date as the case may
29 be as otherwise provided by law;
30 § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
31 amended by section 13 of part A of chapter 55 of the laws of 2017, is
32 amended to read as follows:
33 8. The provisions of this section shall only apply to offenses commit-
34 ted on or before September first, two thousand [nineteen] twenty-one.
35 § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
36 cle and traffic law relating to the ignition interlock device program,
37 as amended by section 14 of part A of chapter 55 of the laws of 2017, is
38 amended to read as follows:
39 § 6. This act shall take effect on the first day of April next
40 succeeding the date on which it shall have become a law; provided,
41 however, that effective immediately, the addition, amendment or repeal
42 of any rule or regulation necessary for the implementation of the fore-
43 going sections of this act on their effective date is authorized and
44 directed to be made and completed on or before such effective date and
45 shall remain in full force and effect until the first day of September,
46 [2019] 2021 when upon such date the provisions of this act shall be
47 deemed repealed.
48 § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
49 laws of 1997, amending the military law and other laws relating to vari-
50 ous provisions, as amended by section 15 of part A of chapter 55 of the
51 laws of 2017, is amended to read as follows:
52 a. sections forty-three through forty-five of this act shall expire
53 and be deemed repealed on September 1, [2019] 2021;
54 § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
55 the civil practice law and rules and the court of claims act relating to
S. 1505--A 64 A. 2005--A
1 prisoner litigation reform, as amended by section 16 of part A of chap-
2 ter 55 of the laws of 2017, is amended to read as follows:
3 § 4. This act shall take effect 120 days after it shall have become a
4 law and shall remain in full force and effect until September 1, [2019]
5 2021, when upon such date it shall expire.
6 § 17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
7 constituting the family protection and domestic violence intervention
8 act of 1994, as amended by section 17 of part A of chapter 55 of the
9 laws of 2017, is amended to read as follows:
10 2. Subdivision 4 of section 140.10 of the criminal procedure law as
11 added by section thirty-two of this act shall take effect January 1,
12 1996 and shall expire and be deemed repealed on September 1, [2019]
13 2021.
14 § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
15 inal procedure law relating to the use of closed-circuit television and
16 other protective measures for certain child witnesses, as amended by
17 section 18 of part A of chapter 55 of the laws of 2017, is amended to
18 read as follows:
19 § 5. This act shall take effect immediately and shall apply to all
20 criminal actions and proceedings commenced prior to the effective date
21 of this act but still pending on such date as well as all criminal
22 actions and proceedings commenced on or after such effective date and
23 its provisions shall expire on September 1, [2019] 2021, when upon such
24 date the provisions of this act shall be deemed repealed.
25 § 19. Subdivision d of section 74 of chapter 3 of the laws of 1995,
26 enacting the sentencing reform act of 1995, as amended by section 19 of
27 part A of chapter 55 of the laws of 2017, is amended to read as follows:
28 d. Sections one-a through twenty, twenty-four through twenty-eight,
29 thirty through thirty-nine, forty-two and forty-four of this act shall
30 be deemed repealed on September 1, [2019] 2021;
31 § 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
32 nal procedure law relating to electronic court appearance in certain
33 counties, as amended by section 20 of part A of chapter 55 of the laws
34 of 2017, is amended to read as follows:
35 § 2. This act shall take effect immediately, except that the
36 provisions of this act shall be deemed to have been in full force and
37 effect since July 1, 1992 and the provisions of this act shall expire
38 September 1, [2019] 2021 when upon such date the provisions of this act
39 shall be deemed repealed.
40 § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
41 utive law relating to enacting the interstate compact for adult offender
42 supervision, as amended by section 21 of part A of chapter 55 of the
43 laws of 2017, is amended to read as follows:
44 § 3. This act shall take effect immediately, except that section one
45 of this act shall take effect on the first of January next succeeding
46 the date on which it shall have become a law, and shall remain in effect
47 until the first of September, [2019] 2021, upon which date this act
48 shall be deemed repealed and have no further force and effect; provided
49 that section one of this act shall only take effect with respect to any
50 compacting state which has enacted an interstate compact entitled
51 "Interstate compact for adult offender supervision" and having an iden-
52 tical effect to that added by section one of this act and provided
53 further that with respect to any such compacting state, upon the effec-
54 tive date of section one of this act, section 259-m of the executive law
55 is hereby deemed REPEALED and section 259-mm of the executive law, as
56 added by section one of this act, shall take effect; and provided
S. 1505--A 65 A. 2005--A
1 further that with respect to any state which has not enacted an inter-
2 state compact entitled "Interstate compact for adult offender super-
3 vision" and having an identical effect to that added by section one of
4 this act, section 259-m of the executive law shall take effect and the
5 provisions of section one of this act, with respect to any such state,
6 shall have no force or effect until such time as such state shall adopt
7 an interstate compact entitled "Interstate compact for adult offender
8 supervision" and having an identical effect to that added by section one
9 of this act in which case, with respect to such state, effective imme-
10 diately, section 259-m of the executive law is deemed repealed and
11 section 259-mm of the executive law, as added by section one of this
12 act, shall take effect.
13 § 22. Section 8 of part H of chapter 56 of the laws of 2009, amending
14 the correction law relating to limiting the closing of certain correc-
15 tional facilities, providing for the custody by the department of
16 correctional services of inmates serving definite sentences, providing
17 for custody of federal prisoners and requiring the closing of certain
18 correctional facilities, as amended by section 22 of part A of chapter
19 55 of the laws of 2017, is amended to read as follows:
20 § 8. This act shall take effect immediately; provided, however that
21 sections five and six of this act shall expire and be deemed repealed
22 September 1, [2019] 2021.
23 § 23. Section 3 of part C of chapter 152 of the laws of 2001 amending
24 the military law relating to military funds of the organized militia, as
25 amended by section 3 of part O of chapter 55 of the laws of 2018, is
26 amended to read as follows:
27 § 3. This act shall take effect immediately; provided however that the
28 amendments made to subdivision 1 of section 221 of the military law by
29 section two of this act shall expire and be deemed repealed September 1,
30 [2019] 2021.
31 § 24. Section 5 of chapter 554 of the laws of 1986, amending the
32 correction law and the penal law relating to providing for community
33 treatment facilities and establishing the crime of absconding from the
34 community treatment facility, as amended by section 24 of part A of
35 chapter 55 of the laws of 2017, is amended to read as follows:
36 § 5. This act shall take effect immediately and shall remain in full
37 force and effect until September 1, [2019] 2021, and provided further
38 that the commissioner of correctional services shall report each January
39 first and July first during such time as this legislation is in effect,
40 to the chairmen of the senate crime victims, crime and correction
41 committee, the senate codes committee, the assembly correction commit-
42 tee, and the assembly codes committee, the number of individuals who are
43 released to community treatment facilities during the previous six-month
44 period, including the total number for each date at each facility who
45 are not residing within the facility, but who are required to report to
46 the facility on a daily or less frequent basis.
47 § 25. Section 2 of part F of chapter 55 of the laws of 2018, amending
48 the criminal procedure law relating to pre-criminal proceeding settle-
49 ments in the city of New York, is amended to read as follows:
50 § 2. This act shall take effect immediately and shall remain in full
51 force and effect until March 31, [2019] 2021, when it shall expire and
52 be deemed repealed.
53 § 26. This act shall take effect immediately, provided however that
54 section twenty-five of this act shall be deemed to have been in full
55 force and effect on and after March 31, 2019.
S. 1505--A 66 A. 2005--A
1 PART P
2 Section 1. Paragraph (f) of subdivision 3 of section 30.10 of the
3 criminal procedure law, as separately amended by chapters 3 and 320 of
4 the laws of 2006, is amended to read as follows:
5 (f) For purposes of a prosecution involving a sexual offense as
6 defined in article one hundred thirty of the penal law, other than a
7 sexual offense delineated in paragraph (a) of subdivision two of this
8 section, committed against a child less than eighteen years of age,
9 incest in the first, second or third degree as defined in sections
10 255.27, 255.26 and 255.25 of the penal law committed against a child
11 less than eighteen years of age, or use of a child in a sexual perform-
12 ance as defined in section 263.05 of the penal law, the period of limi-
13 tation shall not begin to run until the child has reached the age of
14 [eighteen] twenty-three or the offense is reported to a law enforcement
15 agency or statewide central register of child abuse and maltreatment,
16 whichever occurs earlier.
17 § 2. The opening paragraph of section 208 of the civil practice law
18 and rules is designated subdivision (a) and a new subdivision (b) is
19 added to read as follows:
20 (b) Notwithstanding any provision of law which imposes a period of
21 limitation to the contrary, with respect to all civil claims or causes
22 of action brought by any person for physical, psychological or other
23 injury or condition suffered by such person as a result of conduct which
24 would constitute a sexual offense as defined in article one hundred
25 thirty of the penal law committed against such person who was less than
26 eighteen years of age, incest as defined in section 255.27, 255.26 or
27 255.25 of the penal law committed against such person who was less than
28 eighteen years of age, or the use of such person in a sexual performance
29 as defined in section 263.05 of the penal law, or a predecessor statute
30 that prohibited such conduct at the time of the act, which conduct was
31 committed against such person who was less than eighteen years of age,
32 such action may be commenced, against any party whose intentional or
33 negligent acts or omissions are alleged to have resulted in the commis-
34 sion of said conduct, on or before the plaintiff or infant plaintiff
35 reaches the age of fifty years. In any such claim or action, in addition
36 to any other defense and affirmative defense that may be available in
37 accordance with law, rule or the common law, to the extent that the acts
38 alleged in such action are of the type described in subdivision one of
39 section 130.30 of the penal law or subdivision one of section 130.45 of
40 the penal law, the affirmative defenses set forth, respectively, in the
41 closing paragraph of such section of the penal law shall apply.
42 § 3. The civil practice law and rules is amended by adding a new
43 section 214-g to read as follows:
44 § 214-g. Certain child sexual abuse cases. Notwithstanding any
45 provision of law which imposes a period of limitation to the contrary,
46 every civil claim or cause of action brought against any party alleging
47 intentional or negligent acts or omissions by a person for physical,
48 psychological, or other injury or condition suffered as a result of
49 conduct which would constitute a sexual offense as defined in article
50 one hundred thirty of the penal law committed against a child less than
51 eighteen years of age, incest as defined in section 255.27, 255.26 or
52 255.25 of the penal law committed against a child less than eighteen
53 years of age, or the use of a child in a sexual performance as defined
54 in section 263.05 of the penal law, or a predecessor statute that
55 prohibited such conduct at the time of the act, which conduct was
S. 1505--A 67 A. 2005--A
1 committed against a child less than eighteen years of age, which is
2 barred as of the effective date of this section because the applicable
3 period of limitation has expired is hereby revived, and action thereon
4 may be commenced not earlier than six months after, and not later than
5 one year and six months after the effective date of this section. In any
6 such claim or action, in addition to any other defense and affirmative
7 defense that may be available in accordance with law, rule or the common
8 law, to the extent that the acts alleged in such action are of the type
9 described in subdivision one of section 130.30 of the penal law or
10 subdivision one of section 130.45 of the penal law, the affirmative
11 defenses set forth, respectively, in the closing paragraph of such
12 section of the penal law shall apply.
13 § 4. Subdivision (a) of rule 3403 of the civil practice law and rules
14 is amended by adding a new paragraph 7 to read as follows:
15 7. any action which has been revived pursuant to section two hundred
16 fourteen-g of this chapter.
17 § 5. Subdivision 8 of section 50-e of the general municipal law, as
18 amended by chapter 24 of the laws of 1988, is amended to read as
19 follows:
20 8. Inapplicability of section. (a) This section shall not apply to
21 claims arising under the provisions of the workers' compensation law,
22 the volunteer firefighters' benefit law, or the volunteer ambulance
23 workers' benefit law or to claims against public corporations by their
24 own infant wards.
25 (b) This section shall not apply to any claim made for physical,
26 psychological, or other injury or condition suffered as a result of
27 conduct which would constitute a sexual offense as defined in article
28 one hundred thirty of the penal law committed against a child less than
29 eighteen years of age, incest as defined in section 255.27, 255.26 or
30 255.25 of the penal law committed against a child less than eighteen
31 years of age, or the use of a child in a sexual performance as defined
32 in section 263.05 of the penal law committed against a child less than
33 eighteen years of age.
34 § 6. Section 50-i of the general municipal law is amended by adding a
35 new subdivision 5 to read as follows:
36 5. Notwithstanding any provision of law to the contrary, this section
37 shall not apply to any claim made against a city, county, town, village,
38 fire district or school district for physical, psychological, or other
39 injury or condition suffered as a result of conduct which would consti-
40 tute a sexual offense as defined in article one hundred thirty of the
41 penal law committed against a child less than eighteen years of age,
42 incest as defined in section 255.27, 255.26 or 255.25 of the penal law
43 committed against a child less than eighteen years of age, or the use of
44 a child in a sexual performance as defined in section 263.05 of the
45 penal law committed against a child less than eighteen years of age.
46 § 7. Section 10 of the court of claims act is amended by adding a new
47 subdivision 10 to read as follows:
48 10. Notwithstanding any provision of law to the contrary, this section
49 shall not apply to any claim to recover damages for physical, psycholog-
50 ical, or other injury or condition suffered as a result of conduct which
51 would constitute a sexual offense as defined in article one hundred
52 thirty of the penal law committed against a child less than eighteen
53 years of age, incest as defined in section 255.27, 255.26 or 255.25 of
54 the penal law committed against a child less than eighteen years of age,
55 or the use of a child in a sexual performance as defined in section
S. 1505--A 68 A. 2005--A
1 263.05 of the penal law committed against a child less than eighteen
2 years of age.
3 § 8. Subdivision 2 of section 3813 of the education law, as amended by
4 chapter 346 of the laws of 1978, is amended to read as follows:
5 2. Notwithstanding anything to the contrary hereinbefore contained in
6 this section, no action or special proceeding founded upon tort shall be
7 prosecuted or maintained against any of the parties named in this
8 section or against any teacher or member of the supervisory or adminis-
9 trative staff or employee where the alleged tort was committed by such
10 teacher or member or employee acting in the discharge of his duties
11 within the scope of his employment and/or under the direction of the
12 board of education, trustee or trustees, or governing body of the school
13 unless a notice of claim shall have been made and served in compliance
14 with section fifty-e of the general municipal law. Every such action
15 shall be commenced pursuant to the provisions of section fifty-i of the
16 general municipal law; provided, however, that this section shall not
17 apply to any claim to recover damages for physical, psychological, or
18 other injury or condition suffered as a result of conduct which would
19 constitute a sexual offense as defined in article one hundred thirty of
20 the penal law committed against a child less than eighteen years of age,
21 incest as defined in section 255.27, 255.26 or 255.25 of the penal law
22 committed against a child less than eighteen years of age, or the use of
23 a child in a sexual performance as defined in section 263.05 of the
24 penal law committed against a child less than eighteen years of age.
25 § 9. Section 219-c of the judiciary law, as added by chapter 506 of
26 the laws of 2011, is amended to read as follows:
27 § 219-c. Crimes involving sexual assault and the sexual abuse of
28 minors; judicial training. The office of court administration shall
29 provide training for judges and justices with respect to crimes involv-
30 ing sexual assault, and the sexual abuse of minors.
31 § 10. The judiciary law is amended by adding a new section 219-d to
32 read as follows:
33 § 219-d. Rules reviving certain actions; sexual offenses against chil-
34 dren. The chief administrator of the courts shall promulgate rules for
35 the timely adjudication of revived actions brought pursuant to section
36 two hundred fourteen-g of the civil practice law and rules.
37 § 11. The provisions of this act shall be severable, and if any
38 clause, sentence, paragraph, subdivision or part of this act shall be
39 adjudged by any court of competent jurisdiction to be invalid, such
40 judgment shall not affect, impair, or invalidate the remainder thereof,
41 but shall be confined in its operation to the clause, sentence, para-
42 graph, subdivision or part thereof directly involved in the controversy
43 in which such judgment shall have been rendered.
44 § 12. This act shall take effect immediately; except that section nine
45 of this act shall take effect six months after this act shall have
46 become a law; provided, however, that training for cases brought pursu-
47 ant to section 214-g of the civil practice law and rules, as added by
48 section three of this act, shall commence three months after this act
49 shall have become a law; and section ten of this act shall take effect
50 three months after this act shall have become a law.
51 PART Q
52 Section 1. Paragraph (a) of subdivision 1 of section 125.25 of the
53 penal law, as amended by chapter 791 of the laws of 1967, is amended to
54 read as follows:
S. 1505--A 69 A. 2005--A
1 (a) The defendant acted under the influence of extreme emotional
2 disturbance for which there was a reasonable explanation or excuse, the
3 reasonableness of which is to be determined from the viewpoint of a
4 person in the defendant's situation under the circumstances as the
5 defendant believed them to be. For purposes of determining whether the
6 defendant acted under the influence of extreme emotional disturbance,
7 the explanation or excuse for such extreme emotional disturbance is not
8 reasonable if it resulted from the discovery of, knowledge about, or
9 potential disclosure of the victim's actual or perceived gender, gender
10 identity, gender expression, or sexual orientation. Nothing in this
11 paragraph shall preclude the jury from considering all relevant facts to
12 determine the defendant's actual belief. Nothing contained in this para-
13 graph shall constitute a defense to a prosecution for, or preclude a
14 conviction of, manslaughter in the first degree or any other crime; or
15 § 2. This act shall take effect immediately.
16 PART R
17 Section 1. Section 60.42 of the criminal procedure law, as added by
18 chapter 230 of the laws of 1975 and subdivision 3 as amended by chapter
19 264 of the laws of 2003, is amended to read as follows:
20 § 60.42 Rules of evidence; admissibility of evidence of victim's sexual
21 conduct in sex offense cases.
22 Evidence of a victim's sexual conduct shall not be admissible in a
23 prosecution for an offense or an attempt to commit an offense defined in
24 article one hundred thirty or in section 230.34 of the penal law unless
25 such evidence:
26 1. proves or tends to prove specific instances of the victim's prior
27 sexual conduct with the accused; or
28 2. [proves or tends to prove that the victim has been convicted of an
29 offense under section 230.00 of the penal law within three years prior
30 to the sex offense which is the subject of the prosecution; or
31 3.] rebuts evidence introduced by the people of the victim's failure
32 to engage in sexual intercourse, oral sexual conduct, anal sexual
33 conduct or sexual contact during a given period of time; or
34 [4.] 3. rebuts evidence introduced by the people which proves or tends
35 to prove that the accused is the cause of pregnancy or disease of the
36 victim, or the source of semen found in the victim; or
37 [5.] 4. is determined by the court after an offer of proof by the
38 accused outside the hearing of the jury, or such hearing as the court
39 may require, and a statement by the court of its findings of fact essen-
40 tial to its determination, to be relevant and admissible in the inter-
41 ests of justice.
42 § 2. This act shall take effect immediately.
43 PART S
44 Section 1. The penal law is amended by adding a new section 245.15 to
45 read as follows:
46 § 245.15 Unlawful dissemination or publication of an intimate image.
47 1. A person is guilty of unlawful dissemination or publication of an
48 intimate image when:
49 (a) with intent to cause material harm to the emotional, financial or
50 physical welfare of another person, he or she intentionally disseminates
51 or publishes a still or video image of such other person, who is iden-
52 tifiable from the still or video image itself or from information
S. 1505--A 70 A. 2005--A
1 displayed in connection with the still or video image, without such
2 other person's consent, which depicts:
3 (i) an unclothed or exposed intimate part of such other person; or
4 (ii) such other person engaging in sexual conduct as defined in subdi-
5 vision ten of section 130.00 of this chapter with another person; and
6 (b) such still or video image was taken under circumstances when the
7 person depicted had a reasonable expectation of privacy and the actor
8 knew or reasonably should have known the person depicted intended for
9 the still or video image to remain private indefinitely, regardless of
10 whether the actor was present when the still or video image was taken.
11 2. For purposes of this section "intimate part" means the naked geni-
12 tals, pubic area, anus or female nipple of the person.
13 2-a. For purposes of this section "disseminate" and "publish" shall
14 have the same meaning as defined in section 250.40 of this title.
15 3. This section shall not apply to the following:
16 (a) the reporting of unlawful conduct;
17 (b) dissemination or publication of an intimate image made during
18 lawful and common practices of law enforcement, legal proceedings or
19 medical treatment;
20 (c) images involving voluntary exposure in a commercial setting;
21 (d) dissemination or publication of an intimate image made for a
22 legitimate public purpose;
23 (e) providers of an interactive computer service for images provided
24 by another person. For purposes of this subdivision, "interactive
25 computer service" shall mean: any information service, system or access
26 software provider that provides or enables computer access by multiple
27 users to a computer server, including specifically a service or system
28 that provides access to the internet and such systems operated or
29 services offered by libraries or educational institutions.
30 Unlawful dissemination or publication of an intimate image is a class
31 A misdemeanor.
32 § 2. The opening paragraph of subdivision 1 of section 530.11 of the
33 criminal procedure law, as amended by section 4 of part NN of chapter 55
34 of the laws of 2018, is amended to read as follows:
35 The family court and the criminal courts shall have concurrent juris-
36 diction over any proceeding concerning acts which would constitute
37 disorderly conduct, unlawful dissemination or publication of an intimate
38 image, harassment in the first degree, harassment in the second degree,
39 aggravated harassment in the second degree, sexual misconduct, forcible
40 touching, sexual abuse in the third degree, sexual abuse in the second
41 degree as set forth in subdivision one of section 130.60 of the penal
42 law, stalking in the first degree, stalking in the second degree, stalk-
43 ing in the third degree, stalking in the fourth degree, criminal
44 mischief, menacing in the second degree, menacing in the third degree,
45 reckless endangerment, strangulation in the first degree, strangulation
46 in the second degree, criminal obstruction of breathing or blood circu-
47 lation, assault in the second degree, assault in the third degree, an
48 attempted assault, identity theft in the first degree, identity theft in
49 the second degree, identity theft in the third degree, grand larceny in
50 the fourth degree, grand larceny in the third degree, coercion in the
51 second degree or coercion in the third degree as set forth in subdivi-
52 sions one, two and three of section 135.60 of the penal law between
53 spouses or former spouses, or between parent and child or between
54 members of the same family or household except that if the respondent
55 would not be criminally responsible by reason of age pursuant to section
56 30.00 of the penal law, then the family court shall have exclusive
S. 1505--A 71 A. 2005--A
1 jurisdiction over such proceeding. Notwithstanding a complainant's
2 election to proceed in family court, the criminal court shall not be
3 divested of jurisdiction to hear a family offense proceeding pursuant to
4 this section. For purposes of this section, "disorderly conduct"
5 includes disorderly conduct not in a public place. For purposes of this
6 section, "members of the same family or household" with respect to a
7 proceeding in the criminal courts shall mean the following:
8 § 3. The opening paragraph of subdivision 1 of section 812 of the
9 family court act, as amended by section 5 of part NN of chapter 55 of
10 the laws of 2018, is amended to read as follows:
11 The family court and the criminal courts shall have concurrent juris-
12 diction over any proceeding concerning acts which would constitute
13 disorderly conduct, unlawful dissemination or publication of an intimate
14 image, harassment in the first degree, harassment in the second degree,
15 aggravated harassment in the second degree, sexual misconduct, forcible
16 touching, sexual abuse in the third degree, sexual abuse in the second
17 degree as set forth in subdivision one of section 130.60 of the penal
18 law, stalking in the first degree, stalking in the second degree, stalk-
19 ing in the third degree, stalking in the fourth degree, criminal
20 mischief, menacing in the second degree, menacing in the third degree,
21 reckless endangerment, criminal obstruction of breathing or blood circu-
22 lation, strangulation in the second degree, strangulation in the first
23 degree, assault in the second degree, assault in the third degree, an
24 attempted assault, identity theft in the first degree, identity theft in
25 the second degree, identity theft in the third degree, grand larceny in
26 the fourth degree, grand larceny in the third degree, coercion in the
27 second degree or coercion in the third degree as set forth in subdivi-
28 sions one, two and three of section 135.60 of the penal law between
29 spouses or former spouses, or between parent and child or between
30 members of the same family or household except that if the respondent
31 would not be criminally responsible by reason of age pursuant to section
32 30.00 of the penal law, then the family court shall have exclusive
33 jurisdiction over such proceeding. Notwithstanding a complainant's
34 election to proceed in family court, the criminal court shall not be
35 divested of jurisdiction to hear a family offense proceeding pursuant to
36 this section. In any proceeding pursuant to this article, a court shall
37 not deny an order of protection, or dismiss a petition, solely on the
38 basis that the acts or events alleged are not relatively contemporaneous
39 with the date of the petition, the conclusion of the fact-finding or the
40 conclusion of the dispositional hearing. For purposes of this article,
41 "disorderly conduct" includes disorderly conduct not in a public place.
42 For purposes of this article, "members of the same family or household"
43 shall mean the following:
44 § 4. The civil rights law is amended by adding a new section 52-b to
45 read as follows:
46 § 52-b. Private right of action for unlawful dissemination or publica-
47 tion of an intimate image. 1. a. Any website or internet service provid-
48 er that hosts or transmits a still or video image, viewable in this
49 state, taken under circumstances where the person depicted had a reason-
50 able expectation of privacy, which depicts:
51 (i) an unclothed or exposed intimate part, as defined in section
52 245.15 of the penal law, of a resident of this state; or
53 (ii) a resident of this state engaging in sexual conduct as defined in
54 subdivision ten of section 130.00 of the penal law with another person;
55 and
S. 1505--A 72 A. 2005--A
1 b. Such still or video image is hosted or transmitted without the
2 consent of such resident of this state, shall be subject to personal
3 jurisdiction in a civil action in this state to the maximum extent
4 permitted under the United States constitution and federal law.
5 2. Regardless of whether or not the original still or video image was
6 consensually obtained, a person depicted in a still or video image shall
7 have a cause of action against an individual who, for the purpose of
8 harassing, annoying or alarming such person, disseminated or published,
9 or threatened to disseminate or publish, such still or video image,
10 where such image:
11 a. was taken when such person had a reasonable expectation of privacy;
12 and
13 b. depicts (i) an unclothed or exposed intimate part of such person;
14 or (ii) such person engaging in sexual conduct, as defined in subdivi-
15 sion ten of section 130.00 of the penal law, with another person; and
16 c. was disseminated or published, or threatened to be disseminated or
17 published, without the consent of such person.
18 3. In any action commenced pursuant to subdivision two of this
19 section, the finder of fact, in its discretion, may award injunctive
20 relief, punitive damages, compensatory damages and reasonable court
21 costs and attorney's fees.
22 4. This section shall not apply to the following:
23 a. the reporting of unlawful conduct;
24 b. dissemination or publication of an intimate still or video image
25 made during lawful and common practices of law enforcement, legal
26 proceedings or medical treatment;
27 c. images involving voluntary exposure in a commercial setting; or
28 d. dissemination or publication of an intimate still or video image
29 made for a legitimate public purpose.
30 5. Any person depicted in a still or video image that depicts an
31 unclothed or exposed intimate part of such person, or such person engag-
32 ing in sexual conduct as defined in subdivision ten of section 130.00 of
33 the penal law with another person, which is disseminated or published
34 without the consent of such person and where such person had a reason-
35 able expectation of privacy, may maintain an action or special proceed-
36 ing for a court order to require any website or internet service provid-
37 er that is subject to personal jurisdiction under subdivision one of
38 this section to permanently remove such still or video image.
39 6. A cause of action or special proceeding under this section shall be
40 commenced the later of either:
41 a. three years after the dissemination or publication of an image; or
42 b. one year from the date a person discovers, or reasonably should
43 have discovered, the dissemination or publication of such image.
44 7. Nothing herein shall be read to require a prior criminal complaint,
45 prosecution or conviction to establish the elements of the cause of
46 action provided for by this section.
47 8. The provisions of this section are in addition to, but shall not
48 supersede, any other rights or remedies available in law or equity.
49 9. If any provision of this section or its application to any person
50 or circumstance is held invalid, the invalidity shall not affect other
51 provisions or applications of this section which can be given effect
52 without the invalid provision or application, and to this end the
53 provisions of this section are severable.
54 § 5. This act shall take effect on the sixtieth day after it shall
55 have become a law.
S. 1505--A 73 A. 2005--A
1 PART T
2 Section 1. Paragraph (a) of subdivision 2 of section 30.10 of the
3 criminal procedure law, as amended by chapter 467 of the laws of 2008,
4 is amended to read as follows:
5 (a) A prosecution for a class A felony, or rape in the first degree as
6 defined in section 130.35 of the penal law, or rape in the second degree
7 as defined in section 130.30 of the penal law, or rape in the third
8 degree as defined in section 130.25 of the penal law, or a crime defined
9 or formerly defined in section 130.50 of the penal law, or aggravated
10 sexual abuse in the first degree as defined in section 130.70 of the
11 penal law, or course of sexual conduct against a child in the first
12 degree as defined in section 130.75 of the penal law may be commenced at
13 any time;
14 § 2. This act shall take effect immediately.
15 PART U
16 Section 1. Section 60.12 of the penal law, as added by chapter 1 of
17 the laws of 1998, is amended to read as follows:
18 § 60.12 Authorized disposition; alternative [indeterminate] sentence [of
19 imprisonment]; domestic violence cases.
20 1. Notwithstanding any other provision of law, where a court is impos-
21 ing sentence upon a person pursuant to section 70.00, 70.02 [upon a
22 conviction for an offense enumerated in subdivision one of such
23 section], 70.06 or subdivision two or three of section 70.71 of this
24 title, other than for an offense defined in [article one hundred thirty
25 of this chapter] section 125.26, 125.27, subdivision five of section
26 125.25, or article 490 of this chapter, or for an offense which would
27 require such person to register as a sex offender pursuant to article
28 six-C of the correction law, an attempt or conspiracy to commit any such
29 offense, and is authorized or required pursuant to [such section]
30 sections 70.00, 70.02, 70.06 or subdivision two or three of section
31 70.71 of this title to impose a [determinate] sentence of imprisonment
32 [for such offense], the court, upon a determination following a hearing
33 that (a) at the time of the instant offense, the defendant was [the] a
34 victim of domestic violence subjected to substantial physical, sexual or
35 psychological abuse [by the victim or intended victim of such offense,]
36 inflicted by a member of the same family or household as the defendant
37 as such term is defined in subdivision one of section 530.11 of the
38 criminal procedure law; (b) such abuse was a significant contributing
39 factor [in causing the defendant to commit such offense and] to the
40 defendant's criminal behavior; (c) [the victim or intended victim of
41 such offense was a member of the same family or household as the defend-
42 ant as such term is defined in subdivision one of section 530.11 of the
43 criminal procedure law, may, in lieu of imposing such determinate
44 sentence of imprisonment, impose an indeterminate sentence of imprison-
45 ment in accordance with subdivisions two and three of this section.]
46 having regard for the nature and circumstances of the crime and the
47 history, character and condition of the defendant, that a sentence of
48 imprisonment pursuant to section 70.00, 70.02 or 70.06 of this title
49 would be unduly harsh may instead impose a sentence in accordance with
50 this section.
51 A court may determine that such abuse constitutes a significant
52 contributing factor pursuant to paragraph (b) of this subdivision
53 regardless of whether the defendant raised a defense pursuant to article
S. 1505--A 74 A. 2005--A
1 thirty-five, article forty, or subdivision one of section 125.25 of this
2 chapter.
3 At the hearing to determine whether the defendant should be sentenced
4 pursuant to this section, the court shall consider oral and written
5 arguments, take testimony from witnesses offered by either party, and
6 consider relevant evidence to assist in making its determination. Reli-
7 able hearsay shall be admissible at such hearings.
8 2. [The maximum term of an indeterminate sentence imposed pursuant to
9 subdivision one of this section must be fixed by the court as follows:]
10 Where a court would otherwise be required to impose a sentence pursuant
11 to section 70.02 of this title, the court may impose a definite sentence
12 of imprisonment of one year or less, or probation in accordance with the
13 provisions of section 65.00 of this title, or may fix a determinate term
14 of imprisonment as follows:
15 (a) For a class B felony, the term must be at least [six years] one
16 year and must not exceed [twenty-five] five years;
17 (b) For a class C felony, the term must be at least [four and one-half
18 years] one year and must not exceed [fifteen] three and one-half years;
19 (c) For a class D felony, the term must be at least [three years] one
20 year and must not exceed [seven] two years; and
21 (d) For a class E felony, the term must be [at least three years] one
22 year and must not exceed [four] one and one-half years.
23 3. [The minimum period of imprisonment under an indeterminate sentence
24 imposed pursuant to subdivision one of this section must be fixed by the
25 court at one-half of the maximum term imposed and must be specified in
26 the sentence] Where a court would otherwise be required to impose a
27 sentence for a class A felony offense pursuant to section 70.00 of this
28 title, the court may fix a determinate term of imprisonment of at least
29 five years and not to exceed fifteen years.
30 4. Where a court would otherwise be required to impose a sentence for
31 a class A felony offense pursuant to subparagraph (i) of paragraph (b)
32 of subdivision two of section 70.71 of this title, the court may fix a
33 determinate term of imprisonment of at least five years and not to
34 exceed eight years.
35 5. Where a court would otherwise be required to impose a sentence for
36 a class A felony offense pursuant to subparagraph (i) of paragraph (b)
37 of subdivision three of section 70.71 of this title, the court may fix a
38 determinate term of imprisonment of at least five years and not to
39 exceed twelve years.
40 6. Where a court would otherwise be required to impose a sentence for
41 a class A felony offense pursuant to subparagraph (ii) of paragraph (b)
42 of subdivision two of section 70.71 of this title, the court may fix a
43 determinate term of imprisonment of at least one year and not to exceed
44 three years.
45 7. Where a court would otherwise be required to impose a sentence for
46 a class A felony offense pursuant to subparagraph (ii) of paragraph (b)
47 of subdivision three of section 70.71 of this title, the court may fix a
48 determinate term of imprisonment of at least three years and not to
49 exceed six years.
50 8. Where a court would otherwise be required to impose a sentence
51 pursuant to subdivision six of section 70.06 of this title, the court
52 may fix a term of imprisonment as follows:
53 (a) For a class B felony, the term must be at least three years and
54 must not exceed eight years;
55 (b) For a class C felony, the term must be at least two and one-half
56 years and must not exceed five years;
S. 1505--A 75 A. 2005--A
1 (c) For a class D felony, the term must be at least two years and must
2 not exceed three years;
3 (d) For a class E felony, the term must be at least one and one-half
4 years and must not exceed two years.
5 9. Where a court would otherwise be required to impose a sentence for
6 a class B, C, D or E felony offense pursuant to section 70.00 of this
7 title, the court may impose a sentence in accordance with the provisions
8 of subdivision two of section 70.70 of this title.
9 10. Except as provided in subdivision seven of this section, where a
10 court would otherwise be required to impose a sentence pursuant to
11 subdivision three of section 70.06 of this title, the court may impose a
12 sentence in accordance with the provisions of subdivision three of
13 section 70.70 of this title.
14 11. Where a court would otherwise be required to impose a sentence
15 pursuant to subdivision three of section 70.06 of this title, where the
16 prior felony conviction was for a felony offense defined in section
17 70.02 of this title, the court may impose a sentence in accordance with
18 the provisions of subdivision four of section 70.70 of this title.
19 § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
20 section 70.45 of the penal law, as amended by chapter 7 of the laws of
21 2007, are amended to read as follows:
22 (a) such period shall be one year whenever a determinate sentence of
23 imprisonment is imposed pursuant to subdivision two of section 70.70 of
24 this article or subdivision nine of section 60.12 of this title upon a
25 conviction of a class D or class E felony offense;
26 (b) such period shall be not less than one year nor more than two
27 years whenever a determinate sentence of imprisonment is imposed pursu-
28 ant to subdivision two of section 70.70 of this article or subdivision
29 nine of section 60.12 of this title upon a conviction of a class B or
30 class C felony offense;
31 (c) such period shall be not less than one year nor more than two
32 years whenever a determinate sentence of imprisonment is imposed pursu-
33 ant to subdivision three or four of section 70.70 of this article upon
34 conviction of a class D or class E felony offense or subdivision ten of
35 section 60.12 of this title;
36 (d) such period shall be not less than one and one-half years nor more
37 than three years whenever a determinate sentence of imprisonment is
38 imposed pursuant to subdivision three or four of section 70.70 of this
39 article upon conviction of a class B felony or class C felony offense[;]
40 or subdivision eleven of section 60.12 of this title;
41 (e) such period shall be not less than one and one-half years nor more
42 than three years whenever a determinate sentence of imprisonment is
43 imposed pursuant to subdivision three of section 70.02 of this article
44 or subdivision two or eight of section 60.12 of this title upon a
45 conviction of a class D or class E violent felony offense or subdivision
46 four, five, six, or seven of section 60.12 of this title;
47 (f) such period shall be not less than two and one-half years nor more
48 than five years whenever a determinate sentence of imprisonment is
49 imposed pursuant to subdivision three of section 70.02 of this article
50 or subdivision two or eight of section 60.12 of this title upon a
51 conviction of a class B or class C violent felony offense.
52 § 3. The criminal procedure law is amended by adding a new section
53 440.47 to read as follows:
54 § 440.47 Motion for resentence; domestic violence cases.
55 1. (a) Notwithstanding any contrary provision of law, any person
56 confined in an institution operated by the department of correction and
S. 1505--A 76 A. 2005--A
1 community supervision serving a sentence with a minimum or determinate
2 term of eight years or more for an offense committed prior to the effec-
3 tive date of this section and eligible for an alternative sentence
4 pursuant to section 60.12 of the penal law may, on or after such effec-
5 tive date, submit to the judge or justice who imposed the original
6 sentence upon such person a request to apply for resentencing in accord-
7 ance with section 60.12 of the penal law. Such person must include in
8 his or her request documentation proving that she or he is confined in
9 an institution operated by the department of corrections and community
10 supervision serving a sentence with a minimum or determinate term of
11 eight years or more for an offense committed prior to the effective date
12 of this section and that she or he is serving such sentence for any
13 offense eligible for an alternative sentence under section 60.12 of the
14 penal law.
15 (b) If, at the time of such person's request to apply for resentencing
16 pursuant to this section, the original sentencing judge or justice is a
17 judge or justice of a court of competent jurisdiction, but such court is
18 not the court in which the original sentence was imposed, then the
19 request shall be randomly assigned to another judge or justice of the
20 court in which the original sentence was imposed. If the original
21 sentencing judge is no longer a judge or justice of a court of competent
22 jurisdiction, then the request shall be randomly assigned to another
23 judge or justice of the court.
24 (c) If the court finds that such person has met the requirements to
25 apply for resentencing in paragraph (a) of this subdivision, the court
26 shall notify such person that he or she may submit an application for
27 resentencing. Upon such notification, the person may request that the
28 court assign him or her an attorney for the preparation of and
29 proceedings on the application for resentencing pursuant to this
30 section. The attorney shall be assigned in accordance with the
31 provisions of subdivision one of section seven hundred seventeen and
32 subdivision four of section seven hundred twenty-two of the county law
33 and the related provisions of article eighteen-A of such law.
34 (d) If the court finds that such person has not met the requirements
35 to apply for resentencing in paragraph (a) of subdivision one of this
36 section, the court shall notify such person and dismiss his or her
37 request without prejudice.
38 2. (a) Upon the court's receipt of an application for resentencing,
39 the court shall promptly notify the appropriate district attorney and
40 provide such district attorney with a copy of the application.
41 (b) If the judge or justice that received the application is not the
42 original sentencing judge or justice, the application may be referred to
43 the original sentencing judge or justice provided that he or she is a
44 judge or justice of a court of competent jurisdiction and that the
45 applicant and the district attorney agree that the application should be
46 referred.
47 (c) An application for resentencing pursuant to this section must
48 include at least two pieces of evidence corroborating the applicant's
49 claim that he or she was, at the time of the offense, a victim of domes-
50 tic violence subjected to substantial physical, sexual or psychological
51 abuse inflicted by a member of the same family or household as the
52 applicant as such term is defined in subdivision one of section 530.11
53 of this chapter.
54 At least one piece of evidence must be either a court record, pre-sen-
55 tence report, social services record, hospital record, sworn statement
56 from a witness to the domestic violence, law enforcement record, domes-
S. 1505--A 77 A. 2005--A
1 tic incident report, or order of protection. Other evidence may
2 include, but shall not be limited to, local and state department of
3 corrections records, a showing based in part on documentation prepared
4 at or near the time of the commission of the offense or the prosecution
5 thereof tending to support the person's claim, or when there is verifi-
6 cation of consultation with a licensed medical or mental health care
7 provider, employee of a court acting within the scope of his or her
8 employment, member of the clergy, attorney, social worker, or rape
9 crisis counselor as defined in section forty-five hundred ten of the
10 civil practice law and rules, or other advocate acting on behalf of an
11 agency that assists victims of domestic violence for the purpose of
12 assisting such person with domestic violence victim counseling or
13 support.
14 (d) If the court finds that the applicant has not complied with the
15 provisions of paragraph (c) of this subdivision, the court shall dismiss
16 the application without prejudice.
17 (e) If the court finds that the applicant has complied with the
18 provisions of paragraph (c) of this subdivision, the court shall conduct
19 a hearing to aid in making its determination of whether the applicant
20 should be resentenced in accordance with section 60.12 of the penal law.
21 At such hearing the court shall determine any controverted issue of fact
22 relevant to the issue of sentencing. Reliable hearsay shall be admissi-
23 ble at such hearings.
24 The court may consider any fact or circumstances relevant to the impo-
25 sition of a new sentence which are submitted by the applicant or the
26 district attorney and may, in addition, consider the institutional
27 record of confinement of such person, but shall not order a new pre-sen-
28 tence investigation and report or entertain any matter challenging the
29 underlying basis of the subject conviction. The court's consideration of
30 the institutional record of confinement of such applicant shall include,
31 but not be limited to, such applicant's participation in or willingness
32 to participate in programming such as domestic violence, parenting and
33 substance abuse treatment while incarcerated and such applicant's disci-
34 plinary history. The fact that the applicant may have been unable to
35 participate in treatment or other programming while incarcerated despite
36 such applicant's willingness to do so shall not be considered a negative
37 factor in determining a motion pursuant to this section.
38 (f) If the court determines that the applicant should not be resen-
39 tenced in accordance with section 60.12 of the penal law, the court
40 shall inform such applicant of its decision and shall enter an order to
41 that effect. Any order issued by a court pursuant to this section must
42 include written findings of fact and the reasons for such order.
43 (g) If the court determines that the applicant should be resentenced
44 in accordance with section 60.12 of the penal law, the court shall noti-
45 fy the applicant that, unless he or she withdraws the application or
46 appeals from such order, the court will enter an order vacating the
47 sentence originally imposed and imposing the new sentence to be imposed
48 as authorized by section 60.12 of the penal law. Any order issued by a
49 court pursuant to this section must include written findings of fact and
50 the reasons for such order.
51 3. An appeal may be taken as of right in accordance with applicable
52 provisions of this chapter: (a) from an order denying resentencing; or
53 (b) from a new sentence imposed under this provision and may be based on
54 the grounds that (i) the term of the new sentence is harsh or excessive;
55 or (ii) that the term of the new sentence is unauthorized as a matter of
56 law. An appeal in accordance with the applicable provisions of this
S. 1505--A 78 A. 2005--A
1 chapter may also be taken as of right by the applicant from an order
2 specifying and informing such applicant of the term of the determinate
3 sentence the court would impose upon resentencing on the ground that the
4 term of the proposed sentence is harsh or excessive; upon remand to the
5 sentencing court following such appeal the applicant shall be given an
6 opportunity to withdraw an application for resentencing before any
7 resentence is imposed. The applicant may request that the court assign
8 him or her an attorney for the preparation of and proceedings on any
9 appeals regarding his or her application for resentencing pursuant to
10 this section. The attorney shall be assigned in accordance with the
11 provisions of subdivision one of section seven hundred seventeen and
12 subdivision four of section seven hundred twenty-two of the county law
13 and the related provisions of article eighteen-A of such law.
14 4. In calculating the new term to be served by the applicant pursuant
15 to section 60.12 of the penal law, such applicant shall be credited for
16 any jail time credited towards the subject conviction as well as any
17 period of incarceration credited toward the sentence originally imposed.
18 § 4. Subdivision 1 of section 450.90 of the criminal procedure law, as
19 amended by section 10 of part AAA of chapter 56 of the laws of 2009, is
20 amended to read as follows:
21 1. Provided that a certificate granting leave to appeal is issued
22 pursuant to section 460.20, an appeal may, except as provided in subdi-
23 vision two, be taken to the court of appeals by either the defendant or
24 the people from any adverse or partially adverse order of an intermedi-
25 ate appellate court entered upon an appeal taken to such intermediate
26 appellate court pursuant to section 450.10, 450.15, or 450.20, or from
27 an order granting or denying a motion to set aside an order of an inter-
28 mediate appellate court on the ground of ineffective assistance or
29 wrongful deprivation of appellate counsel, or by either the defendant or
30 the people from any adverse or partially adverse order of an intermedi-
31 ate appellate court entered upon an appeal taken to such intermediate
32 appellate court from an order entered pursuant to section 440.46 or
33 section 440.47 of this chapter. An order of an intermediate appellate
34 court is adverse to the party who was the appellant in such court when
35 it affirms the judgment, sentence or order appealed from, and is adverse
36 to the party who was the respondent in such court when it reverses the
37 judgment, sentence or order appealed from. An appellate court order
38 which modifies a judgment or order appealed from is partially adverse to
39 each party.
40 § 5. Paragraph (a) of subdivision 2 of section 390.50 of the criminal
41 procedure law, as amended by section 5 of part OO of chapter 56 of the
42 laws of 2010, is amended to read as follows:
43 (a) Not less than one court day prior to sentencing, unless such time
44 requirement is waived by the parties, the pre-sentence report or memo-
45 randum shall be made available by the court for examination and for
46 copying by the defendant's attorney, the defendant himself, if he has no
47 attorney, and the prosecutor. In its discretion, the court may except
48 from disclosure a part or parts of the report or memoranda which are not
49 relevant to a proper sentence, or a diagnostic opinion which might seri-
50 ously disrupt a program of rehabilitation, or sources of information
51 which have been obtained on a promise of confidentiality, or any other
52 portion thereof, disclosure of which would not be in the interest of
53 justice. In all cases where a part or parts of the report or memoranda
54 are not disclosed, the court shall state for the record that a part or
55 parts of the report or memoranda have been excepted and the reasons for
56 its action. The action of the court excepting information from disclo-
S. 1505--A 79 A. 2005--A
1 sure shall be subject to appellate review. The pre-sentence report shall
2 be made available by the court for examination and copying in connection
3 with any appeal in the case, including an appeal under this subdivision.
4 Upon written request, the court shall make a copy of the presentence
5 report, other than a part or parts of the report redacted by the court
6 pursuant to this paragraph, available to the defendant for use before
7 the parole board for release consideration or an appeal of a parole
8 board determination or an application for resentencing pursuant to
9 section 440.46 or 440.47 of this chapter. In his or her written request
10 to the court the defendant shall affirm that he or she anticipates an
11 appearance before the parole board or intends to file an administrative
12 appeal of a parole board determination or meets the eligibility criteria
13 for and intends to file a motion for resentencing pursuant to 440.46 of
14 this chapter or has received notification from the court which received
15 his or her request to apply for resentencing pursuant to section 440.47
16 of this chapter confirming that he or she is eligible to submit an
17 application for resentencing pursuant to section 440.47 of this chapter.
18 The court shall respond to the defendant's written request within twenty
19 days from receipt of the defendant's written request.
20 § 6. This act shall take effect immediately; provided, however, that
21 sections one and two of this act shall apply to offenses committed on,
22 after and prior to such effective date where the sentence for such
23 offense has not yet been imposed; provided, further that sections three,
24 four and five of this act shall take effect on the ninetieth day after
25 it shall have become a law.
26 PART V
27 Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa-
28 rately amended by chapters 268 and 281 of the laws of 2016, is amended
29 to read as follows:
30 11. With intent to cause physical injury to a train operator, ticket
31 inspector, conductor, signalperson, bus operator, station agent, station
32 cleaner or terminal cleaner employed by any transit agency, authority or
33 company, public or private, whose operation is authorized by New York
34 state or any of its political subdivisions, a city marshal, a school
35 crossing guard appointed pursuant to section two hundred eight-a of the
36 general municipal law, a traffic enforcement officer, traffic enforce-
37 ment agent, prosecutor as defined in subdivision thirty-one of section
38 1.20 of the criminal procedure law, sanitation enforcement agent, New
39 York city sanitation worker, public health sanitarian, New York city
40 public health sanitarian, registered nurse, licensed practical nurse,
41 emergency medical service paramedic, [or] emergency medical service
42 technician, or journalist, he or she causes physical injury to such
43 train operator, ticket inspector, conductor, signalperson, bus operator,
44 station agent, station cleaner or terminal cleaner, city marshal, school
45 crossing guard appointed pursuant to section two hundred eight-a of the
46 general municipal law, traffic enforcement officer, traffic enforcement
47 agent, prosecutor as defined in subdivision thirty-one of section 1.20
48 of the criminal procedure law, registered nurse, licensed practical
49 nurse, public health sanitarian, New York city public health sanitarian,
50 sanitation enforcement agent, New York city sanitation worker, emergency
51 medical service paramedic, [or] emergency medical service technician, or
52 journalist, while such employee is performing an assigned duty on, or
53 directly related to, the operation of a train or bus, including the
54 cleaning of a train or bus station or terminal, or such city marshal,
S. 1505--A 80 A. 2005--A
1 school crossing guard, traffic enforcement officer, traffic enforcement
2 agent, prosecutor as defined in subdivision thirty-one of section 1.20
3 of the criminal procedure law, registered nurse, licensed practical
4 nurse, public health sanitarian, New York city public health sanitarian,
5 sanitation enforcement agent, New York city sanitation worker, emergency
6 medical service paramedic, [or] emergency medical service technician, or
7 journalist is performing an assigned duty; or
8 § 2. This act shall take effect on the first of November next succeed-
9 ing the date on which it shall have become a law.
10 PART W
11 Section 1. Section 60.06 of the penal law, as amended by chapter 482
12 of the laws of 2009, is amended to read as follows:
13 § 60.06 Authorized disposition; murder in the first degree offenders;
14 aggravated murder offenders; certain murder in the second
15 degree offenders; certain terrorism offenders; criminal
16 possession of a chemical weapon or biological weapon offen-
17 ders; criminal use of a chemical weapon or biological weapon
18 offenders.
19 When a defendant is convicted of murder in the first degree as defined
20 in section 125.27 of this chapter, the court shall[, in accordance with
21 the provisions of section 400.27 of the criminal procedure law,]
22 sentence the defendant [to death,] to life imprisonment without parole
23 in accordance with subdivision five of section 70.00 of this title, or
24 to a term of imprisonment for a class A-I felony other than a sentence
25 of life imprisonment without parole, in accordance with subdivisions one
26 through three of section 70.00 of this title. When a person is convicted
27 of murder in the second degree as defined in subdivision five of section
28 125.25 of this chapter or of the crime of aggravated murder as defined
29 in subdivision one of section 125.26 of this chapter, the court shall
30 sentence the defendant to life imprisonment without parole in accordance
31 with subdivision five of section 70.00 of this title. When a defendant
32 is convicted of the crime of terrorism as defined in section 490.25 of
33 this chapter, and the specified offense the defendant committed is a
34 class A-I felony offense, or when a defendant is convicted of the crime
35 of criminal possession of a chemical weapon or biological weapon in the
36 first degree as defined in section 490.45 of this chapter, or when a
37 defendant is convicted of the crime of criminal use of a chemical weapon
38 or biological weapon in the first degree as defined in section 490.55 of
39 this chapter, the court shall sentence the defendant to life imprison-
40 ment without parole in accordance with subdivision five of section 70.00
41 of this title; provided, however, that nothing in this section shall
42 preclude or prevent a sentence of death when the defendant is also
43 convicted of murder in the first degree as defined in section 125.27 of
44 this chapter. When a defendant is convicted of aggravated murder as
45 defined in subdivision two of section 125.26 of this chapter, the court
46 shall sentence the defendant to life imprisonment without parole or to a
47 term of imprisonment for a class A-I felony other than a sentence of
48 life imprisonment without parole, in accordance with subdivisions one
49 through three of section 70.00 of this title.
50 § 2. Subparagraph (i) of paragraph (a) of subdivision 3 of section
51 70.00 of the penal law, as amended by chapter 107 of the laws of 2006,
52 is amended to read as follows:
53 (i) For a class A-I felony, such minimum period shall not be less than
54 fifteen years nor more than twenty-five years; provided, however, that
S. 1505--A 81 A. 2005--A
1 (A) where a sentence, other than a sentence of [death or] life imprison-
2 ment without parole, is imposed upon a defendant convicted of murder in
3 the first degree as defined in section 125.27 of this chapter such mini-
4 mum period shall be not less than twenty years nor more than twenty-five
5 years, and, (B) where a sentence is imposed upon a defendant convicted
6 of murder in the second degree as defined in subdivision five of section
7 125.25 of this chapter or convicted of aggravated murder as defined in
8 section 125.26 of this chapter, the sentence shall be life imprisonment
9 without parole, and, (C) where a sentence is imposed upon a defendant
10 convicted of attempted murder in the first degree as defined in article
11 one hundred ten of this chapter and subparagraph (i), (ii) or (iii) of
12 paragraph (a) of subdivision one and paragraph (b) of subdivision one of
13 section 125.27 of this chapter or attempted aggravated murder as defined
14 in article one hundred ten of this chapter and section 125.26 of this
15 chapter such minimum period shall be not less than twenty years nor more
16 than forty years.
17 § 3. Paragraph (e) of subdivision 5 of section 220.10 of the criminal
18 procedure law is REPEALED.
19 § 4. Subparagraph (vii) of paragraph (b) of subdivision 3 of section
20 220.30 of the criminal procedure law is REPEALED.
21 § 5. Sections 250.40, 270.16, 270.55, 400.27, 450.70 and 450.80 of the
22 criminal procedure law are REPEALED.
23 § 6. Paragraph (f) of subdivision 1 of section 270.20 of the criminal
24 procedure law is REPEALED.
25 § 7. Section 270.30 of the criminal procedure law, as amended by chap-
26 ter 1 of the laws of 1995, is amended to read as follows:
27 § 270.30 Trial jury; alternate jurors.
28 [1.] Immediately after the last trial juror is sworn, the court may in
29 its discretion direct the selection of one or more, but not more than
30 six additional jurors to be known as "alternate jurors"[, except that,
31 in a prosecution under section 125.27 of the penal law, the court may,
32 in its discretion, direct the selection of as many alternate jurors as
33 the court determines to be appropriate]. Alternate jurors must be drawn
34 in the same manner, must have the same qualifications, must be subject
35 to the same examination and challenges for cause and must take the same
36 oath as the regular jurors. After the jury has retired to deliberate,
37 the court must either (1) with the consent of the defendant and the
38 people, discharge the alternate jurors or (2) direct the alternate
39 jurors not to discuss the case and must further direct that they be kept
40 separate and apart from the regular jurors.
41 [2. In any prosecution in which the people seek a sentence of death,
42 the court shall not discharge the alternate jurors when the jury retires
43 to deliberate upon its verdict and the alternate jurors, in the
44 discretion of the court, may be continuously kept together under the
45 supervision of an appropriate public servant or servants until such time
46 as the jury returns its verdict. If the jury returns a verdict of guilty
47 to a charge for which the death penalty may be imposed, the alternate
48 jurors shall not be discharged and shall remain available for service
49 during any separate sentencing proceeding which may be conducted pursu-
50 ant to section 400.27.]
51 § 8. Section 310.80 of the criminal procedure law, as amended by chap-
52 ter 1 of the laws of 1995, is amended to read as follows:
53 § 310.80 Recording and checking of verdict and polling of jury.
54 After a verdict has been rendered, it must be recorded on the minutes
55 and read to the jury, and the jurors must be collectively asked whether
56 such is their verdict. Even though no juror makes any declaration in the
S. 1505--A 82 A. 2005--A
1 negative, the jury must, if either party makes such an application, be
2 polled and each juror separately asked whether the verdict announced by
3 the foreman is in all respects his verdict. If upon either the collec-
4 tive or the separate inquiry any juror answers in the negative, the
5 court must refuse to accept the verdict and must direct the jury to
6 resume its deliberation. If no disagreement is expressed, the jury must
7 be discharged from the case[, except as otherwise provided in section
8 400.27].
9 § 9. Subdivision 1 of section 440.20 of the criminal procedure law, as
10 amended by chapter 1 of the laws of 1995, is amended to read as follows:
11 1. At any time after the entry of a judgment, the court in which the
12 judgment was entered may, upon motion of the defendant, set aside the
13 sentence upon the ground that it was unauthorized, illegally imposed or
14 otherwise invalid as a matter of law. [Where the judgment includes a
15 sentence of death, the court may also set aside the sentence upon any of
16 the grounds set forth in paragraph (b), (c), (f), (g) or (h) of subdivi-
17 sion one of section 440.10 as applied to a separate sentencing proceed-
18 ing under section 400.27, provided, however, that to the extent the
19 ground or grounds asserted include one or more of the aforesaid para-
20 graphs of subdivision one of section 440.10, the court must also apply
21 subdivisions two and three of section 440.10, other than paragraph (d)
22 of subdivision two of such section, in determining the motion. In the
23 event the court enters an order granting a motion to set aside a
24 sentence of death under this section, the court must either direct a new
25 sentencing proceeding in accordance with section 400.27 or, to the
26 extent that the defendant cannot be resentenced to death consistent with
27 the laws of this state or the constitution of this state or of the
28 United States, resentence the defendant to life imprisonment without
29 parole or to a sentence of imprisonment for the class A-I felony of
30 murder in the first degree other than a sentence of life imprisonment
31 without parole. Upon granting the motion upon any of the grounds set
32 forth in the aforesaid paragraphs of subdivision one of section 440.10
33 and setting aside the sentence, the court must afford the people a
34 reasonable period of time, which shall not be less than ten days, to
35 determine whether to take an appeal from the order setting aside the
36 sentence of death. The taking of an appeal by the people stays the
37 effectiveness of that portion of the court's order that directs a new
38 sentencing proceeding.]
39 § 10. Subdivision 10 of section 450.20 of the criminal procedure law
40 is REPEALED.
41 § 11. Subdivision 3 of section 460.40 of the criminal procedure law is
42 REPEALED.
43 § 12. Section 470.30 of the criminal procedure law, as amended by
44 chapter 1 of the laws of 1995, is amended to read as follows:
45 § 470.30 Determination by court of appeals of appeals taken directly
46 thereto from judgments and orders of criminal courts.
47 [1.] Wherever appropriate, the rules set forth in sections 470.15 and
48 470.20, governing the consideration and determination by intermediate
49 appellate courts of appeals thereto from judgments and orders of crimi-
50 nal courts, and prescribing their scope of review and the corrective
51 action to be taken by them upon reversal or modification, apply equally
52 to the consideration and determination by the court of appeals of
53 appeals taken directly thereto, [pursuant to sections 450.70 and
54 450.80,] from judgments and orders of superior criminal courts.
55 [2. Whenever a sentence of death is imposed, the judgment and sentence
56 shall be reviewed on the record by the court of appeals. Review by the
S. 1505--A 83 A. 2005--A
1 court of appeals pursuant to subdivision one of section 450.70 may not
2 be waived.
3 3. With regard to the sentence, the court shall, in addition to exer-
4 cising the powers and scope of review granted under subdivision one of
5 this section, determine:
6 (a) whether the sentence of death was imposed under the influence of
7 passion, prejudice, or any other arbitrary or legally impermissible
8 factor including whether the imposition of the verdict or sentence was
9 based upon the race of the defendant or a victim of the crime for which
10 the defendant was convicted;
11 (b) whether the sentence of death is excessive or disproportionate to
12 the penalty imposed in similar cases considering both the crime and the
13 defendant. In conducting such review the court, upon request of the
14 defendant, in addition to any other determination, shall review whether
15 the sentence of death is excessive or disproportionate to the penalty
16 imposed in similar cases by virtue of the race of the defendant or a
17 victim of the crime for which the defendant was convicted; and
18 (c) whether the decision to impose the sentence of death was against
19 the weight of the evidence.
20 4. The court shall include in its decision: (a) the aggravating and
21 mitigating factors established in the record on appeal; and
22 (b) those similar cases it took into consideration.
23 5. In addition to exercising any other corrective action pursuant to
24 subdivision one of this section, the court, with regard to review of a
25 sentence of death, shall be authorized to:
26 (a) affirm the sentence of death; or
27 (b) set the sentence aside and remand the case for resentencing pursu-
28 ant to the procedures set forth in section 400.27 for a determination as
29 to whether the defendant shall be sentenced to death, life imprisonment
30 without parole or to a term of imprisonment for the class A-I felony of
31 murder in the first degree other than a sentence of life imprisonment
32 without parole; or
33 (c) set the sentence aside and remand the case for resentencing by the
34 court for a determination as to whether the defendant shall be sentenced
35 to life imprisonment without parole or to a term of imprisonment for the
36 class A-I felony of murder in the first degree other than a sentence of
37 life imprisonment without parole.]
38 § 13. Sections 35-b and 211-a of the judiciary law are REPEALED.
39 § 14. Section 707 of the county law is REPEALED.
40 § 15. Article 22-A of the correction law is REPEALED.
41 § 16. Section 63-d of the executive law is REPEALED.
42 § 17. Subdivision 7 of section 837-a of the executive law is REPEALED.
43 § 18. Section 837-l of the executive law is REPEALED.
44 § 19. This act shall take effect immediately and shall be deemed to
45 have been in full force and effect on and after September 1, 1995.
46 PART X
47 Section 1. Section 265.00 of the penal law is amended by adding five
48 new subdivisions 26, 27, 28, 29, and 30 to read as follows:
49 26. "Rapid-fire modification device" means any bump stock, trigger
50 crank, binary trigger system, burst trigger system, or any other device
51 that is designed to accelerate substantially the rate of fire of a semi-
52 automatic firearm, rifle or shotgun.
53 27. "Bump stock" means any device or instrument that increases the
54 rate of fire achievable with a semi-automatic firearm, rifle or shotgun
S. 1505--A 84 A. 2005--A
1 by using energy from the recoil of the weapon to generate a reciprocat-
2 ing action that facilitates repeated activation of the trigger.
3 28. "Trigger crank" means any device or instrument that repeatedly
4 activates the trigger of a semi-automatic firearm, rifle or shotgun
5 through the use of a lever or other part that is turned in a circular
6 motion, provided, however, that "trigger crank" shall not include any
7 weapon initially designed and manufactured to fire through the use of a
8 crank or lever.
9 29. "Binary trigger system" means any device that, when installed in
10 or attached to a semi-automatic firearm rifle, or shotgun causes that
11 weapon to fire once when the trigger is pulled and again when the trig-
12 ger is released.
13 30. "Burst trigger system" means any device that, when installed in or
14 attached to a semi-automatic firearm, rifle, or shot gun, allows that
15 weapon to discharge two or more shots with a single pull or the trigger
16 by altering the trigger reset.
17 § 2. The penal law is amended by adding a new section 265.01-c to read
18 as follows:
19 § 265.01-c Criminal possession of a rapid-fire modification device.
20 A person is guilty of criminal possession of a rapid-fire modification
21 device when he or she knowingly possesses any rapid-fire modification
22 device.
23 Criminal possession of a trigger modification device is a class A
24 misdemeanor.
25 § 3. Subdivisions 1, 2 and 3 of section 265.10 of the penal law,
26 subdivisions 1 and 2 as amended by chapter 257 of the laws of 2008, and
27 subdivision 3 as amended by chapter 189 of the laws of 2000, are amended
28 to read as follows:
29 1. Any person who manufactures or causes to be manufactured any
30 machine-gun, assault weapon, large capacity ammunition feeding device or
31 disguised gun is guilty of a class D felony. Any person who manufac-
32 tures or causes to be manufactured any rapid-fire modification device is
33 guilty of a class E felony. Any person who manufactures or causes to be
34 manufactured any switchblade knife, gravity knife, pilum ballistic
35 knife, metal knuckle knife, billy, blackjack, bludgeon, plastic knuck-
36 les, metal knuckles, Kung Fu star, chuka stick, sandbag, sandclub or
37 slungshot is guilty of a class A misdemeanor.
38 2. Any person who transports or ships any machine-gun, firearm silenc-
39 er, assault weapon or large capacity ammunition feeding device or
40 disguised gun, or who transports or ships as merchandise five or more
41 firearms, is guilty of a class D felony. Any person who transports or
42 ships any rapid-fire modification device is guilty of a class E felony.
43 Any person who transports or ships as merchandise any firearm, other
44 than an assault weapon, switchblade knife, gravity knife, pilum ballis-
45 tic knife, billy, blackjack, bludgeon, plastic knuckles, metal knuckles,
46 Kung Fu star, chuka stick, sandbag or slungshot is guilty of a class A
47 misdemeanor.
48 3. Any person who disposes of any machine-gun, assault weapon, large
49 capacity ammunition feeding device or firearm silencer is guilty of a
50 class D felony. Any person who disposes of any rapid-fire modification
51 device is guilty of a class E felony. Any person who knowingly buys,
52 receives, disposes of, or conceals a machine-gun, firearm, large capaci-
53 ty ammunition feeding device, rifle or shotgun which has been defaced
54 for the purpose of concealment or prevention of the detection of a crime
55 or misrepresenting the identity of such machine-gun, firearm, large
S. 1505--A 85 A. 2005--A
1 capacity ammunition feeding device, rifle or shotgun is guilty of a
2 class D felony.
3 § 4. The opening paragraph of subdivision a of section 265.20 of the
4 penal law, as amended by section 1 of part FF of chapter 57 of the laws
5 of 2013, is amended to read as follows:
6 Paragraph (h) of subdivision twenty-two of section 265.00 and sections
7 265.01, 265.01-a, subdivision one of section 265.01-b, 265.01-c, 265.02,
8 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36,
9 265.37 and 270.05 shall not apply to:
10 § 5. The opening paragraph of paragraph 1 of subdivision a of section
11 265.20 of the penal law, as amended by chapter 1041 of the laws of 1974,
12 is amended to read as follows:
13 Possession of any of the weapons, instruments, appliances or
14 substances specified in sections 265.01, 265.01-c, 265.02, 265.03,
15 265.04, 265.05 and 270.05 by the following:
16 § 6. Paragraphs 2 and 8 of subdivision a of section 265.20 of the
17 penal law, paragraph 2 as amended by chapter 189 of the laws of 2000 and
18 paragraph 8 as amended by chapter 476 of the laws of 2018, are amended
19 to read as follows:
20 2. Possession of a machine-gun, large capacity ammunition feeding
21 device, rapid-fire modification device, firearm, switchblade knife,
22 gravity knife, pilum ballistic knife, billy or blackjack by a warden,
23 superintendent, headkeeper or deputy of a state prison, penitentiary,
24 workhouse, county jail or other institution for the detention of persons
25 convicted or accused of crime or detained as witnesses in criminal
26 cases, in pursuit of official duty or when duly authorized by regulation
27 or order to possess the same.
28 8. The manufacturer of machine-guns, firearm silencers, assault weap-
29 ons, large capacity ammunition feeding devices, rapid-fire modification
30 devices, disguised guns, pilum ballistic knives, switchblade or gravity
31 knives, billies or blackjacks as merchandise, or as a transferee recipi-
32 ent of the same for repair, lawful distribution or research and develop-
33 ment, and the disposal and shipment thereof direct to a regularly
34 constituted or appointed state or municipal police department, sheriff,
35 [policeman] police officer or other peace officer, or to a state prison,
36 penitentiary, workhouse, county jail or other institution for the
37 detention of persons convicted or accused of crime or held as witnesses
38 in criminal cases, or to the military service of this state or of the
39 United States; or for the repair and return of the same to the lawful
40 possessor or for research and development.
41 § 7. This act shall take effect immediately; provided, however, that
42 section two of this act shall take effect on the one hundred twentieth
43 day after it shall have become a law.
44 PART Y
45 Section 1. Subdivision 12 of section 400.00 of the penal law, as
46 amended by chapter 1 of the laws of 2013, is amended to read as follows:
47 12. Records required of gunsmiths and dealers in firearms. Any person
48 licensed as gunsmith or dealer in firearms shall keep a record book
49 approved as to form, except in the city of New York, by the superinten-
50 dent of state police. In the record book shall be entered at the time of
51 every transaction involving a firearm the date, name, age, occupation
52 and residence of any person from whom a firearm is received or to whom a
53 firearm is delivered, and the calibre, make, model, manufacturer's name
54 and serial number, or if none, any other distinguishing number or iden-
S. 1505--A 86 A. 2005--A
1 tification mark on such firearm. Before delivering a firearm to any
2 person, the licensee shall require him to produce either a license valid
3 under this section to carry or possess the same, or proof of lawful
4 authority as an exempt person pursuant to section 265.20 of this chapter
5 and either (a) the National Instant Criminal Background Check System
6 (NICS) or its successor has issued a "proceed" response to the licensee,
7 or (b) ten business days have elapsed since the date the licensee
8 contacted NICS to initiate a national instate criminal background check
9 and NICS has not notified the licensee that the transfer of the firearm
10 to such person should be denied. In addition, before delivering a
11 firearm to a peace officer, the licensee shall verify that person's
12 status as a peace officer with the division of state police. After
13 completing the foregoing, the licensee shall remove and retain the
14 attached coupon and enter in the record book the date of such license,
15 number, if any, and name of the licensing officer, in the case of the
16 holder of a license to carry or possess, or the shield or other number,
17 if any, assignment and department, unit or agency, in the case of an
18 exempt person. The original transaction report shall be forwarded to the
19 division of state police within ten days of delivering a firearm to any
20 person, and a duplicate copy shall be kept by the licensee. The super-
21 intendent of state police may designate that such record shall be
22 completed and transmitted in electronic form. A dealer may be granted a
23 waiver from transmitting such records in electronic form if the super-
24 intendent determines that such dealer is incapable of such transmission
25 due to technological limitations that are not reasonably within the
26 control of the dealer, or other exceptional circumstances demonstrated
27 by the dealer, pursuant to a process established in regulation, and at
28 the discretion of the superintendent. Records assembled or collected for
29 purposes of inclusion in the database created pursuant to section 400.02
30 of this article shall not be subject to disclosure pursuant to article
31 six of the public officers law. The record book shall be maintained on
32 the premises mentioned and described in the license and shall be open at
33 all reasonable hours for inspection by any peace officer, acting pursu-
34 ant to his special duties, or police officer. In the event of cancella-
35 tion or revocation of the license for gunsmith or dealer in firearms, or
36 discontinuance of business by a licensee, such record book shall be
37 immediately surrendered to the licensing officer in the city of New
38 York, and in the counties of Nassau and Suffolk, and elsewhere in the
39 state to the executive department, division of state police.
40 § 2. The penal law is amended by adding a new section 400.20 to read
41 as follows:
42 § 400.20 Waiting period in connection with the sale or transfer of a
43 rifle or shotgun.
44 When a national instant criminal background check is required pursuant
45 to state or federal law to be conducted through the National Instant
46 Criminal Background Check System (NICS) or its successor in connection
47 with the sale or transfer of a rifle or shotgun to any person, before
48 delivering a rifle or shotgun to such person, either (a) NICS has issued
49 a "proceed" response to the seller or transferor, or (b) ten business
50 days shall have elapsed since the date the seller or transferor
51 contacted NICS to initiate a national instant criminal background check
52 and NICS has not notified the seller or transferor that the transfer of
53 the rifle or shotgun to such person should be denied.
54 § 3. Subdivision 1 of section 897 of the general business law, as
55 added by chapter 189 of the laws of 2000, is amended to read as follows:
S. 1505--A 87 A. 2005--A
1 1. A national instant criminal background check shall be conducted and
2 no person shall sell or transfer a firearm, rifle or shotgun at a gun
3 show, except in accordance with the provisions of 18 U.S.C. 922(t),
4 provided that before delivering a firearm, rifle or shotgun to any
5 person, either (a) the National Instant Criminal Background Check System
6 (NICS) or its successor has issued a "proceed" response to the seller or
7 transferor, or (b) ten business days shall have elapsed since the date
8 the seller or transferor contacted NICS to initiate a national instant
9 criminal background check and NICS has not notified the seller or
10 transferor that the transfer of the firearm, rifle or shotgun to such
11 person should be denied.
12 § 4. Subdivisions 1 and 2 of section 898 of the general business law,
13 as added by chapter 1 of the laws of 2013, are amended to read as
14 follows:
15 1. In addition to any other requirements pursuant to state and feder-
16 al law, all sales, exchanges or disposals of firearms, rifles or shot-
17 guns shall be conducted in accordance with this section unless such
18 sale, exchange or disposal is conducted by a licensed importer, licensed
19 manufacturer or licensed dealer, as those terms are defined in 18 USC §
20 922, when such sale, exchange or disposal is conducted pursuant to that
21 person's federal firearms license or such sale, exchange or disposal is
22 between members of an immediate family. When a sale, exchange or
23 disposal is conducted pursuant to a person's federal firearms license,
24 before delivering a firearm, rifle or shotgun to any person, either (a)
25 the National Instant Criminal Background Check System (NICS) or its
26 successor has issued a "proceed" response to the federal firearms licen-
27 see, or (b) ten business days shall have elapsed since the date the
28 federal firearms licensee contacted NICS to initiate a national instant
29 criminal background check and NICS has not notified the federal firearms
30 licensee that the transfer of the firearm, rifle or shotgun to such
31 person should be denied. For purposes of this section, "immediate fami-
32 ly" shall mean spouses, domestic partners, children and step-children.
33 2. Before any sale, exchange or disposal pursuant to this article, a
34 national instant criminal background check must be completed by a dealer
35 who consents to conduct such check, and upon completion of such back-
36 ground check, shall complete a document, the form of which shall be
37 approved by the superintendent of state police, that identifies and
38 confirms that such check was performed. Before a dealer who consents to
39 conduct a national instant criminal background check delivers a firearm,
40 rifle or shotgun to any person, either (a) NICS issued a "proceed"
41 response to the dealer, or (b) ten business days shall have elapsed
42 since the date the dealer contacted NICS to initiate a national instant
43 criminal background check and NICS has not notified the dealer that the
44 transfer of the firearm, rifle or shotgun to such person should be
45 denied.
46 § 5. This act shall take effect on the forty-fifth day after it shall
47 have become a law.
48 PART Z
49 Section 1. The civil practice law and rules is amended by adding a new
50 article 63-A to read as follows:
51 ARTICLE 63-A
52 EXTREME RISK PROTECTION ORDERS
53 Section 6340. Definitions.
54 6341. Application for an extreme risk protection order.
S. 1505--A 88 A. 2005--A
1 6342. Issuance of a temporary extreme risk protection order.
2 6343. Issuance of a final extreme risk protection order.
3 6344. Surrender and removal of firearms, rifles and shotguns
4 pursuant to an extreme risk protection order.
5 6345. Request for renewal of an extreme risk protection order.
6 6346. Expiration of an extreme risk protection order.
7 6347. Effect of findings and determinations in subsequent
8 proceedings.
9 § 6340. Definitions. For the purposes of this article:
10 1. "Extreme risk protection order" means a court-issued order of
11 protection prohibiting a person from purchasing, possessing or attempt-
12 ing to purchase or possess a firearm, rifle or shotgun.
13 2. "Petitioner" means: (a) a police officer, as defined in section
14 1.20 of the criminal procedure law, or district attorney with jurisdic-
15 tion in the county or city where the person against whom the order is
16 sought resides; (b) a family or household member, as defined in subdivi-
17 sion two of section four hundred fifty-nine-a of the social services
18 law, of the person against whom the order is sought; or (c) a school
19 official of any school in which the respondent is currently enrolled or
20 in which the respondent has been enrolled in the six months immediately
21 preceding the filing of the petition. For purposes of this article,
22 school official shall include the following: school teacher, school
23 guidance counselor, school psychologist, school social worker, school
24 nurse, school administrator or other school personnel required to hold a
25 teaching or administrative license or certificate, and full or part-time
26 compensated school employee required to hold a temporary coaching
27 license or professional coaching certificate.
28 3. "Respondent" means the person against whom an extreme risk
29 protection order is or may be sought under this article.
30 4. "Possess" shall have the same meaning as defined in subdivision
31 eight of section 10.00 of the penal law.
32 § 6341. Application for an extreme risk protection order. In accord-
33 ance with this article, a petitioner may file a sworn application, and
34 accompanying supporting documentation, setting forth the facts and
35 circumstances justifying the issuance of an extreme risk protection
36 order. Such application and supporting documentation shall be filed in
37 the supreme court in the county in which the respondent resides. The
38 chief administrator of the courts shall adopt forms that may be used for
39 purposes of such applications and the court's consideration of such
40 applications. Such application form shall include inquiry as to whether
41 the petitioner knows, or has reason to believe, that the respondent
42 owns, possesses or has access to a firearm, rifle or shotgun and if so,
43 a request that the petitioner list or describe such firearms, rifles and
44 shotguns, and the respective locations thereof, with as much specificity
45 as possible.
46 § 6342. Issuance of a temporary extreme risk protection order. 1.
47 Upon application of a petitioner pursuant to this article, the court may
48 issue a temporary extreme risk protection order, ex parte or otherwise,
49 to prohibit the respondent from purchasing, possessing or attempting to
50 purchase or possess a firearm, rifle or shotgun, upon a finding that
51 there is probable cause to believe the respondent is likely to engage in
52 conduct that would result in serious harm to himself, herself or others,
53 as defined in paragraph one or two of subdivision (a) of section 9.39 of
54 the mental hygiene law. Such application for a temporary order shall be
55 determined in writing on the same day the application is filed.
S. 1505--A 89 A. 2005--A
1 2. In determining whether grounds for a temporary extreme risk
2 protection order exist, the court shall consider any relevant factors
3 including, but not limited to, the following acts of the respondent:
4 (a) a threat or act of violence or use of physical force directed
5 toward self, the petitioner, or another person;
6 (b) a violation or alleged violation of an order of protection;
7 (c) any pending charge or conviction for an offense involving the use
8 of a weapon;
9 (d) the reckless use, display or brandishing of a firearm, rifle or
10 shotgun;
11 (e) any history of a violation of an extreme risk protection order;
12 (f) evidence of recent or ongoing abuse of controlled substances or
13 alcohol; or
14 (g) evidence of recent acquisition of a firearm, rifle, shotgun or
15 other deadly weapon or dangerous instrument, or any ammunition therefor.
16 In considering the factors under this subdivision, the court shall
17 consider the time that has elapsed since the occurrence of such act or
18 acts and the age of the person at the time of the occurrence of such act
19 or acts.
20 For the purposes of this subdivision, "recent" means within the six
21 months prior to the date the petition was filed.
22 3. The application of the petitioner and supporting documentation, if
23 any, shall set forth the factual basis for the request and probable
24 cause for issuance of a temporary order. The court may conduct an exam-
25 ination under oath of the petitioner and any witness the petitioner may
26 produce.
27 4. A temporary extreme risk protection order, if warranted, shall
28 issue in writing, and shall include:
29 (a) a statement of the grounds found for the issuance of the order;
30 (b) the date and time the order expires;
31 (c) the address of the court that issued the order;
32 (d) a statement to the respondent: (i) directing that the respondent
33 may not purchase, possess or attempt to purchase or possess a firearm,
34 rifle or shotgun while the order is in effect and that any firearm,
35 rifle or shotgun possessed by such respondent shall be promptly surren-
36 dered to any authorized law enforcement official in the same manner as
37 set forth in subdivision five of section 530.14 of the criminal proce-
38 dure law;
39 (ii) informing the respondent that the court will hold a hearing no
40 sooner than three nor more than six business days after service of the
41 temporary order, to determine whether a final extreme risk protection
42 order will be issued and the date, time and location of such hearing,
43 provided that the respondent shall be entitled to more than six days
44 upon request in order to prepare for the hearing; and (iii) informing
45 the respondent the he or she may seek the advice of an attorney and that
46 an attorney should be consulted promptly; and
47 (e) a form to be completed and executed by the respondent at the time
48 of service of the temporary extreme risk protection order which elicits
49 a list of all firearms, rifles and shotguns possessed by the respondent
50 and the particular location of each firearm, rifle or shotgun listed.
51 5. If the application for a temporary extreme risk protection order is
52 not granted, the court shall notify the petitioner and, unless the
53 application is voluntarily withdrawn by the petitioner, nonetheless
54 schedule a hearing on the application for a final extreme risk
55 protection order. Such hearing shall be scheduled to be held promptly,
56 but in any event no later than ten business days after the date on which
S. 1505--A 90 A. 2005--A
1 such application is served on the respondent, provided, however, that
2 the respondent may request, and the court may grant, additional time to
3 allow the respondent to prepare for the hearing. A notice of such hear-
4 ing shall be prepared by the court and shall include the date and time
5 of the hearing, the address of the court, and the subject of the hear-
6 ing.
7 6. (a) The court shall, in the manner specified in paragraph (b) of
8 this subdivision, arrange for prompt service of a copy of the temporary
9 extreme risk protection order, if any, the application therefor and, if
10 separately applied for or if a temporary extreme risk protection order
11 was not granted, the application for an extreme risk protection order,
12 any notice of hearing prepared by the court, along with any associated
13 papers including the petition and any supporting documentation,
14 provided, that the court may redact the address and contact information
15 of the petitioner from such application and papers where the court finds
16 that disclosure of such address or other contact information would pose
17 an unreasonable risk to the health or safety of the petitioner.
18 (b) The court shall provide copies of such documents to the appropri-
19 ate law enforcement agency serving the jurisdiction of the respondent's
20 residence with a direction that such documents be promptly served, at no
21 cost to the petitioner, on the respondent; provided, however, that the
22 petitioner may voluntarily arrange for service of copies of such order
23 and associated papers through a third party, such as a licensed process
24 server.
25 7. (a) The court shall notify the division of state police, any other
26 law enforcement agency with jurisdiction, all applicable licensing offi-
27 cers, and the division of criminal justice services of the issuance of a
28 temporary extreme risk protection order and provide a copy of such order
29 no later than the next business day after issuing the order to such
30 persons or agencies. The court also shall promptly notify such persons
31 and agencies and provide a copy of any order amending or revoking such
32 protection order or restoring the respondent's ability to own or possess
33 firearms, rifles or shotguns no later than the next business day after
34 issuing the order to restore such right to the respondent. The court
35 also shall report such demographic data as required by the state divi-
36 sion of criminal justice services at the time such order is transmitted
37 thereto. Any notice or report submitted pursuant to this subdivision
38 shall be in an electronic format, in a manner prescribed by the division
39 of criminal justice services.
40 (b) Upon receiving notice of the issuance of a temporary extreme risk
41 protection order, the division of criminal justice services shall imme-
42 diately report the existence of such order to the federal bureau of
43 investigation to allow the bureau to identify persons prohibited from
44 purchasing firearms, rifles or shotguns. The division shall also imme-
45 diately report to the bureau the expiration of any such protection
46 order, any court order amending or revoking such protection order or
47 restoring the respondent's ability to purchase a firearm, rifle or shot-
48 gun.
49 8. A law enforcement officer serving a temporary extreme risk
50 protection order shall request that the respondent immediately surrender
51 to the officer all firearms, rifles and shotguns in the respondent's
52 possession and the officer shall conduct any search permitted by law for
53 such firearms. The law enforcement officer shall take possession of all
54 firearms, rifles and shotguns that are surrendered, that are in plain
55 sight, or that are discovered pursuant to a lawful search. As part of
56 the order, the court may also direct a police officer to search for
S. 1505--A 91 A. 2005--A
1 firearms, rifles and shotguns in the respondent's possession in a manner
2 consistent with the procedures of article six hundred ninety of the
3 criminal procedure law.
4 9. Upon issuance of a temporary extreme risk protection order, or upon
5 setting a hearing for a final extreme risk protection order where a
6 temporary order is denied or not requested, the court shall direct the
7 law enforcement agency having jurisdiction to conduct a background
8 investigation and report to the court and, subject to any appropriate
9 redactions to protect any person, each party regarding whether the
10 respondent:
11 (a) has any prior criminal conviction for an offense involving domes-
12 tic violence, use of a weapon, or other violence;
13 (b) has any criminal charge or violation currently pending against him
14 or her;
15 (c) is currently on parole or probation;
16 (d) possesses any registered firearms, rifles or shotguns; and
17 (e) has been, or is, subject to any order of protection or has
18 violated or allegedly violated any order of protection.
19 § 6343. Issuance of a final extreme risk protection order. 1. In
20 accordance with this article, no sooner than three business days nor
21 later than six business days after service of a temporary extreme risk
22 protection order and, alternatively, no later than ten business days
23 after service of an application under this article where no temporary
24 extreme risk protection order has been issued, the supreme court shall
25 hold a hearing to determine whether to issue a final extreme risk
26 protection order and, when applicable, whether a firearm, rifle or shot-
27 gun surrendered by, or removed from, the respondent should be returned
28 to the respondent. The respondent shall be entitled to more than six
29 business days if a temporary extreme risk protection order has been
30 issued and the respondent requests a reasonable period of additional
31 time to prepare for the hearing. Where no temporary order has been
32 issued, the respondent may request, and the court may grant, additional
33 time beyond the ten days to allow the respondent to prepare for the
34 hearing.
35 2. At the hearing pursuant to subdivision one of this section, the
36 petitioner shall have the burden of proving, by clear and convincing
37 evidence, that the respondent is likely to engage in conduct that would
38 result in serious harm to himself, herself or others, as defined in
39 paragraph one or two of subdivision (a) of section 9.39 of the mental
40 hygiene law. The court may consider the petition and any evidence
41 submitted by the petitioner, any evidence submitted by the respondent,
42 any testimony presented, and the report of the relevant law enforcement
43 agency submitted pursuant to subdivision nine of section sixty-three
44 hundred forty-two of this article. The court shall also consider the
45 factors set forth in subdivision two of section sixty-three hundred
46 forty-two of this article.
47 3. (a) After the hearing pursuant to subdivision one of this section,
48 the court shall issue a written order granting or denying the extreme
49 risk protection order and setting forth the reasons for such determi-
50 nation. If the extreme risk protection order is granted, the court shall
51 direct service of such order in the manner and in accordance with the
52 protections for the petitioner set forth in subdivision six of section
53 sixty-three hundred forty-two of this article.
54 (b) Upon issuance of an extreme risk protection order: (i) any
55 firearm, rifle or shotgun removed pursuant to a temporary extreme risk
56 protection order or such extreme risk protection order shall be retained
S. 1505--A 92 A. 2005--A
1 by the law enforcement agency having jurisdiction for the duration of
2 the order, unless ownership of the firearm, rifle or shotgun is legally
3 transferred by the respondent to another individual permitted by law to
4 own and possess such firearm, rifle or shotgun; (ii) the supreme court
5 shall temporarily suspend any existing firearm license possessed by the
6 respondent and order the respondent temporarily ineligible for such a
7 license; (iii) the respondent shall be prohibited from purchasing or
8 possessing, or attempting to purchase or possess, a firearm, rifle or
9 shotgun; and (iv) the court shall direct the respondent to surrender any
10 firearm, rifle or shotgun in his or her possession in the same manner as
11 set forth in subdivision five of section 530.14 of the criminal proce-
12 dure law.
13 (c) An extreme risk protection order issued in accordance with this
14 section shall extend, as specified by the court, for a period of up to
15 one year from the date of the issuance of such order; provided, however,
16 that if such order was immediately preceded by the issuance of a tempo-
17 rary extreme risk protection order, then the duration of the extreme
18 risk protection order shall be measured from the date of issuance of
19 such temporary extreme risk protection order.
20 (d) A law enforcement officer serving a final extreme risk protection
21 order shall request that the respondent immediately surrender to the
22 officer all firearms, rifles and shotguns in the respondent's possession
23 and the officer shall conduct any search permitted by law for such
24 firearms. The law enforcement officer shall take possession of all
25 firearms, rifles and shotguns that are surrendered, that are in plain
26 sight, or that are discovered pursuant to a lawful search. As part of
27 the order, the court may also direct a police officer to search for
28 firearms, rifles and shotguns in a respondent's possession consistent
29 with the procedures of article six hundred ninety of the criminal proce-
30 dure law.
31 4. (a) The court shall notify the division of state police, any other
32 law enforcement agency with jurisdiction, all applicable licensing offi-
33 cers, and the division of criminal justice services of the issuance of a
34 final extreme risk protection order and provide a copy of such order to
35 such persons and agencies no later than the next business day after
36 issuing the order. The court also shall promptly notify such persons and
37 agencies and provide a copy of any order amending or revoking such
38 protection order or restoring the respondent's ability to own or possess
39 firearms, rifles or shotguns no later than the next business day after
40 issuing the order to restore such right to the respondent. Any notice or
41 report submitted pursuant to this subdivision shall be in an electronic
42 format, in a manner prescribed by the division of criminal justice
43 services.
44 (b) Upon receiving notice of the issuance of a final extreme risk
45 protection order, the division of criminal justice services shall imme-
46 diately report the existence of such order to the federal bureau of
47 investigation to allow the bureau to identify persons prohibited from
48 purchasing firearms, rifles or shotguns. The division shall also imme-
49 diately report to the bureau the expiration of such protection order and
50 any court order amending or revoking such protection order or restoring
51 the respondent's ability to purchase a firearm, rifle or shotgun.
52 5. (a) If, in accordance with a temporary extreme risk protection
53 order, a firearm, rifle or shotgun has been surrendered by or removed
54 from the respondent, and the supreme court subsequently finds that the
55 petitioner has not met the required standard of proof, the court's find-
56 ing shall include a written order, issued to all parties, directing that
S. 1505--A 93 A. 2005--A
1 any firearm, rifle or shotgun surrendered or removed pursuant to such
2 temporary order shall be returned to the respondent, upon a written
3 finding that there is no legal impediment to the respondent's possession
4 of such firearm, rifle or shotgun.
5 (b) If any other person demonstrates that he or she is the lawful
6 owner of any firearm, rifle or shotgun surrendered or removed pursuant
7 to a protection order issued in accordance with this article, and
8 provided that the court has made a written finding that there is no
9 legal impediment to the person's possession of a surrendered or removed
10 firearm, rifle or shotgun, the court shall direct that such firearm,
11 rifle or shotgun be returned to such lawful owner and inform such person
12 of the obligation to safely store such firearm, rifle, or shotgun in
13 accordance with section 265.45 of the penal law.
14 6. The respondent shall be notified on the record and in writing by
15 the court that he or she may submit one written request, at any time
16 during the effective period of an extreme risk protection order, for a
17 hearing setting aside any portion of such order. The request shall be
18 submitted in substantially the same form and manner as prescribed by the
19 chief administrator of the courts. Upon such request, the court shall
20 promptly hold a hearing, in accordance with this article, after provid-
21 ing reasonable notice to the petitioner. The respondent shall bear the
22 burden to prove, by clear and convincing evidence, any change of circum-
23 stances that may justify a change to the order.
24 § 6344. Surrender and removal of firearms, rifles and shotguns pursu-
25 ant to an extreme risk protection order. 1. When a law enforcement offi-
26 cer takes any firearm, rifle or shotgun pursuant to a temporary extreme
27 risk protection order or a final extreme risk protection order, the
28 officer shall give to the person from whom such firearm, rifle or shot-
29 gun is taken a receipt or voucher for the property taken, describing the
30 property in detail. In the absence of a person, the officer shall leave
31 the receipt or voucher in the place where the property was found, mail a
32 copy of the receipt or voucher, retaining proof of mailing, to the last
33 known address of the respondent and, if different, the owner of the
34 firearm, rifle or shotgun, and file a copy of such receipt or voucher
35 with the court. All firearms, rifles and shotguns in the possession of a
36 law enforcement official pursuant to this article shall be subject to
37 the provisions of applicable law, including but not limited to subdivi-
38 sion six of section 400.05 of the penal law; provided, however, that any
39 such firearm, rifle or shotgun shall be retained and not disposed of by
40 the law enforcement agency for at least two years unless legally trans-
41 ferred by the respondent to an individual permitted by law to own and
42 possess such firearm, rifle or shotgun.
43 2. If the location to be searched during the execution of a temporary
44 extreme risk protection order or extreme risk protection order is joint-
45 ly occupied by two or more parties, and a firearm, rifle or shotgun
46 located during the execution of such order is owned by a person other
47 than the respondent, the court shall, upon a written finding that there
48 is no legal impediment to the person other than the respondent's
49 possession of such firearm, rifle or shotgun, order the return of such
50 firearm, rifle or shotgun to such lawful owner and inform such person of
51 their obligation to safely store their firearm, rifle, or shotgun in
52 accordance with section 265.45 of the penal law.
53 § 6345. Request for renewal of an extreme risk protection order. 1.
54 If a petitioner believes a person subject to an extreme risk protection
55 order continues to be likely to engage in conduct that would result in
56 serious harm to himself, herself, or others, as defined in paragraph one
S. 1505--A 94 A. 2005--A
1 or two of subdivision (a) of section 9.39 of the mental hygiene law,
2 such petitioner may, at any time within sixty days prior to the expira-
3 tion of such existing extreme risk protection order, initiate a request
4 for a renewal of such order, setting forth the facts and circumstances
5 necessitating the request. The chief administrator of the courts shall
6 adopt forms that may be used for purposes of such applications and the
7 court's consideration of such applications. The court may issue a tempo-
8 rary extreme risk protection order in accordance with section sixty-
9 three hundred forty-two of this article, during the period that a
10 request for renewal of an extreme risk protection order is under consid-
11 eration pursuant to this section.
12 2. A hearing held pursuant to this section shall be conducted in the
13 supreme court, in accordance with section sixty-three hundred forty-
14 three of this article, to determine if a request for renewal of the
15 order shall be granted. The respondent shall be served with written
16 notice of an application for renewal a reasonable time before the hear-
17 ing, and shall be afforded an opportunity to fully participate in the
18 hearing. The court shall direct service of such application and the
19 accompanying papers in the manner and in accordance with the protections
20 for the petitioner set forth in subdivision six of section sixty-three
21 hundred forty-two of this article.
22 § 6346. Expiration of an extreme risk protection order. 1. A
23 protection order issued pursuant to this article, and all records of any
24 proceedings conducted pursuant to this article, shall be sealed upon
25 expiration of such order and the clerk of the court wherein such
26 proceedings were conducted shall immediately notify the commissioner of
27 the division of criminal justice services, the heads of all appropriate
28 police departments, applicable licensing officers, and all other appro-
29 priate law enforcement agencies that the order has expired and that the
30 record of such protection order shall be sealed and not be made avail-
31 able to any person or public or private entity, except that such records
32 shall be made available to:
33 (a) the respondent or the respondent's designated agent;
34 (b) courts in the unified court system;
35 (c) police forces and departments having responsibility for enforce-
36 ment of the general criminal laws of the state;
37 (d) any state or local officer or agency with responsibility for the
38 issuance of licenses to possess a firearm, rifle or shotgun, when the
39 respondent has made application for such a license; and
40 (e) any prospective employer of a police officer or peace officer as
41 those terms are defined in subdivisions thirty-three and thirty-four of
42 section 1.20 of the criminal procedure law, in relation to an applica-
43 tion for employment as a police officer or peace officer; provided,
44 however, that every person who is an applicant for the position of
45 police officer or peace officer shall be furnished with a copy of all
46 records obtained under this subparagraph and afforded an opportunity to
47 make an explanation thereto.
48 2. Upon expiration of a protection order issued pursuant to this arti-
49 cle and upon written application of the respondent who is the subject of
50 such order, with notice and opportunity to be heard to the petitioner
51 and every licensing officer responsible for issuance of a firearm
52 license to the subject of the order pursuant to article four hundred of
53 the penal law, and upon a written finding that there is no legal imped-
54 iment to the respondent's possession of a surrendered firearm, rifle or
55 shotgun, the court shall order the return of a firearm, rifle or shotgun
56 not otherwise disposed of in accordance with subdivision one of section
S. 1505--A 95 A. 2005--A
1 sixty-three hundred forty-four of this article. When issuing such order
2 in connection with any firearm subject to a license requirement under
3 article four hundred of the penal law, if the licensing officer informs
4 the court that he or she will seek to revoke the license, the order
5 shall be stayed by the court until the conclusion of any license revoca-
6 tion proceeding.
7 § 6347. Effect of findings and determinations in subsequent
8 proceedings. Notwithstanding any contrary claim based on common law or
9 a provision of any other law, no finding or determination made pursuant
10 to this article shall be interpreted as binding, or having collateral
11 estoppel or similar effect, in any other action or proceeding, or with
12 respect to any other determination or finding, in any court, forum or
13 administrative proceeding.
14 § 2. Section 265.45 of the penal law, as amended by section 3 of part
15 FF of chapter 57 of the laws of 2013, is amended to read as follows:
16 § 265.45 Safe storage of rifles, shotguns, and firearms.
17 No person who owns or is custodian of a rifle, shotgun or firearm who
18 resides with an individual who such person knows or has reason to know
19 is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g)
20 (1), (4), (8) or (9), or pursuant to a temporary or final extreme risk
21 protection order issued under article sixty-three-A of the civil prac-
22 tice law and rules, shall store or otherwise leave such rifle, shotgun
23 or firearm out of his or her immediate possession or control without
24 having first securely locked such rifle, shotgun or firearm in an appro-
25 priate safe storage depository or rendered it incapable of being fired
26 by use of a gun locking device appropriate to that weapon. For purposes
27 of this section "safe storage depository" shall mean a safe or other
28 secure container which, when locked, is incapable of being opened with-
29 out the key, combination or other unlocking mechanism and is capable of
30 preventing an unauthorized person from obtaining access to and
31 possession of the weapon contained therein. With respect to a person who
32 is prohibited from possessing a firearm pursuant to 18 USC § 922(g)(9),
33 for purposes of this section, this section applies only if such person
34 has been convicted of a crime included in subdivision one of section
35 370.15 of the criminal procedure law and such gun is possessed within
36 five years from the later of the date of conviction or completion of
37 sentence. Nothing in this section shall be deemed to affect, impair or
38 supersede any special or local act relating to the safe storage of
39 rifles, shotguns or firearms which impose additional requirements on the
40 owner or custodian of such weapons.
41 A violation of this section shall constitute a class A misdemeanor.
42 § 3. If any part or provision of this act is adjudged by a court of
43 competent jurisdiction to be unconstitutional or otherwise invalid, such
44 judgment shall not affect or impair any other part of provision of this
45 act, but shall be confined in its operation to such part or provision.
46 § 4. This act shall take effect on the one hundred eightieth day after
47 it shall have become a law.
48 PART AA
49 Section 1. This part enacts into law major components of legislation
50 which are necessary to reform the manner in which New York state pursues
51 justice before trial. This state, like most across the United States,
52 has for far too long needlessly incarcerated those meant to be guaran-
53 teed a presumption of innocence simply because of an inability to pay
54 bail and have forced those same people to choose between facing lengthy
S. 1505--A 96 A. 2005--A
1 prison sentences or a speedy return to society without providing them
2 with sufficient information regarding the case against them. This Part
3 will usher into New York true reforms in the areas of bail, discovery,
4 and speedy trial. Each component is wholly contained within a Subpart
5 identified as Subparts A through C. The effective date for each partic-
6 ular provision contained within such Subpart is set forth in the last
7 section of such Subpart. Any provision in any section contained within
8 a Subpart, including the effective date of the Subpart, which makes a
9 reference to a section "of this act", when used in connection with that
10 particular component, shall be deemed to mean and refer to the corre-
11 sponding section of the Subpart in which it is found.
12 SUBPART A
13 Section 1. Legislative findings. The legislature finds and declares
14 that there is a present need to revise New York's procedures regulating
15 release of persons charged with criminal offenses pending trial, set
16 forth in title P of the criminal procedure law, so that fewer presumed-
17 innocent people are held behind bars pretrial. First, the bill requires
18 the police to issue appearance tickets in misdemeanor and class E felony
19 cases, with enumerated exceptions, so that fewer people spend time in
20 jail before arraignment. Then after arraignment, the bill breaks the
21 link between paying money and earning freedom, so that defendants are
22 either released on their own recognizance or, failing that, released
23 under non-monetary conditions. The bill also revises the existing proc-
24 ess of remanding individuals in jail before trial, so that pretrial
25 detention can be ordered only in limited cases involving high risk of
26 flight or a current risk to the physical safety of a reasonably iden-
27 tifiable person or persons, and the order comports with Supreme Court
28 jurisprudence regarding required substantive and procedural due process
29 before detention.
30 § 2. Subdivision 1 of section 150.20 of the criminal procedure law, as
31 amended by chapter 550 of the laws of 1987, is amended to read as
32 follows:
33 1. (a) Whenever a police officer is authorized pursuant to section
34 140.10 of this title to arrest a person without a warrant for an offense
35 other than a class A, B, C or D felony or a violation of section 130.25,
36 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law, he [may]
37 shall, except as set out in paragraph (b) of this subdivision, subject
38 to the provisions of subdivisions three and four of section 150.40 of
39 this title, instead issue to and serve upon such person an appearance
40 ticket.
41 (b) An officer is not required to issue an appearance ticket if the
42 person:
43 (i) has one or more outstanding warrants;
44 (ii) has a documented history of failure to appear in court
45 proceedings;
46 (iii) has been given a reasonable opportunity to make their verifiable
47 identity and a method of contact known, and has been unable or unwilling
48 to do so, so that a custodial arrest is necessary to subject the indi-
49 vidual to the jurisdiction of the court;
50 (iv) is charged with a crime or offense between members of the same
51 family or household, as defined in subdivision one of section 530.11 of
52 this chapter;
53 (v) is charged with a crime or offense involving sexual misconduct
54 under section 130.00 of the penal law;
S. 1505--A 97 A. 2005--A
1 (vi) should, in the officer's estimation, be brought before the court
2 for consideration of issuance of an order of protection, pursuant to
3 section 530.13 of this chapter, based on the facts of the crime or
4 offense that the officer has reasonable cause to believe occurred;
5 (vii) should, in the officer's estimation, be brought before the court
6 for consideration of court-ordered restrictions on operation of a motor
7 vehicle, based on the facts of the crime or offense that the officer has
8 reasonable cause to believe occurred;
9 (viii) should, in the officer's estimation, be brought before the
10 court for consideration of court ordered medical or mental health
11 assessment, based on the facts of the alleged crime or offense that the
12 officer has reasonable cause to believe occurred and the observed behav-
13 ior of the individual when in contact with the police; or
14 (ix) is unlikely to return to court on the return date of an appear-
15 ance ticket for reasons specific to the facts of the case that the offi-
16 cer can articulate in the information or misdemeanor complaint. These
17 reasons cannot rely solely on the defendant's prior criminal history or
18 place of residence.
19 § 3. Section 150.30 of the criminal procedure law is REPEALED.
20 § 4. Subdivision 1 of section 150.40 of the criminal procedure law is
21 amended to read as follows:
22 1. An appearance ticket must be made returnable at a date as soon as
23 possible, but in no event later than twenty days from the date of issu-
24 ance. The appearance ticket shall be made returnable in a local criminal
25 court designated in section 100.55 of this title as one with which an
26 information for the offense in question may be filed.
27 § 5. Subdivisions 1, 2, 4, 5 and 6 of section 500.10 of the criminal
28 procedure law are amended and a new subdivision 3-a is added to read as
29 follows:
30 1. "Principal" means a defendant in a criminal action or proceeding,
31 or a person adjudged a material witness therein, or any other person so
32 involved therein that [he] the principal may by law be compelled to
33 appear before a court for the purpose of having such court exercise
34 control over [his] the principal's person to secure [his] the princi-
35 pal's future attendance at the action or proceeding when required, and
36 who in fact either is before the court for such purpose or has been
37 before it and been subjected to such control.
38 2. "Release on own recognizance." A court releases a principal on
39 [his] the principal's own recognizance when, having acquired control
40 over [his] the principal's person, it permits [him] the principal to be
41 at liberty during the pendency of the criminal action or proceeding
42 involved upon condition that [he] the principal will appear thereat
43 whenever [his] the principal's attendance may be required and will at
44 all times render [himself] the principal amenable to the orders and
45 processes of the court.
46 3-a. "Release under non-monetary conditions". A court releases a prin-
47 cipal under non-monetary conditions when, having acquired control over a
48 person, it permits the person to be at liberty during the pendency of
49 the criminal action under conditions set by the court, which shall be
50 the least restrictive that will reasonably assure the principal's return
51 appearance in court. Such conditions may include, among others, that the
52 principal shall be in contact with a pretrial services agency serving
53 principals in that county; that the principal shall abide by specified
54 restrictions on association or travel that are reasonably related to a
55 risk of flight from the jurisdiction; that the principal shall refrain
56 from possessing a firearm, destructive device or other dangerous weapon;
S. 1505--A 98 A. 2005--A
1 that the person be placed in pretrial supervision with a pretrial
2 services agency serving principals in that county; that the person be
3 monitored with an approved electronic monitoring device. A principal
4 shall not be required to pay for any part of the cost of release under
5 non-monetary conditions, including, but not limited to, electronic moni-
6 toring.
7 4. "Commit to the custody of the sheriff." A court commits a principal
8 to the custody of the sheriff when, having acquired control over his
9 person, it orders that he be confined in the custody of the sheriff
10 [during the pendency of the criminal action or proceeding involved]
11 pending the outcome of a hearing under article five hundred forty-five
12 of this title, as to whether the individual shall be ordered into
13 pretrial detention.
14 5. "Securing order" means an order of a court [committing a principal
15 to the custody of the sheriff, or fixing bail, or releasing him on his
16 own recognizance] that either releases a principal under personal recog-
17 nizance, or releases the principal under non-monetary conditions, all
18 with the direction that the principal return to court for future court
19 appearances and to be at all times amendable to the orders and processes
20 of the court.
21 6. ["Order of recognizance or bail" means a securing order releasing a
22 principal on his own recognizance or fixing bail] "Pretrial detention".
23 A county or superior court may commit a principal to pretrial detention
24 if, after a hearing and making such findings as specified in article
25 five hundred forty-five of this title, a judge so orders detention.
26 § 6. Section 510.10 of the criminal procedure law, as amended by chap-
27 ter 459 of the laws of 1984, is amended to read as follows:
28 § 510.10 Securing order; when required; alternatives available; standard
29 to be applied.
30 1. When a principal, whose future court attendance at a criminal
31 action or proceeding is or may be required, initially comes under the
32 control of a court, such court [must] shall, by a securing order[,
33 either release him on his own recognizance, fix bail or commit him to
34 the custody of the sheriff.] release the principal pending trial on the
35 principal's personal recognizance, unless the court finds on the record
36 that release on recognizance will not reasonably assure the individual's
37 court attendance. In such instances, the court will release the individ-
38 ual under non-monetary conditions, selecting the least restrictive
39 alternative that will reasonably assure the principal's court attend-
40 ance. The court will support its choice of alternative on the record.
41 2. Notwithstanding the above, in cases where the people indicate that
42 they intend to move for pretrial detention as set out in article five
43 hundred forty-five of this title, the court may commit the defendant to
44 the custody of the sheriff or issue a securing order in accordance with
45 article five hundred forty-five of this title.
46 3. When a securing order is revoked or otherwise terminated in the
47 course of an uncompleted action or proceeding but the principal's future
48 court attendance still is or may be required and [he] the principal is
49 still under the control of a court, a new securing order must be issued.
50 When the court revokes or otherwise terminates a securing order which
51 committed the principal to the custody of the sheriff, the court shall
52 give written notification to the sheriff of such revocation or termi-
53 nation of the securing order.
54 § 7. Section 510.20 of the criminal procedure law is amended to read
55 as follows:
S. 1505--A 99 A. 2005--A
1 § 510.20 [Application for recognizance or bail; making and determination
2 thereof in general] Application for a change in securing
3 order based on a material change of circumstances.
4 1. Upon any occasion when a court [is required to issue] has issued a
5 securing order with respect to a principal, [or at any time when a prin-
6 cipal is confined in the custody of the sheriff as a result of a previ-
7 ously issued securing order, he] the defendant or the people may make an
8 application for [recognizance or bail] a different securing order due to
9 a material change of circumstances.
10 2. Upon such application, the principal or the people must be accorded
11 an opportunity to be heard and to contend that [an order of recognizance
12 or bail] a different securing order must or should issue[, that the
13 court should release him on his own recognizance rather than fix bail,
14 and that if bail is fixed it should be in a suggested amount and form]
15 because, due to a material change in circumstances, the current order is
16 either too restrictive or not restrictive enough to reasonably ensure a
17 defendant's appearance in court. In acting upon such an application,
18 the court shall select the least restrictive alternative that will
19 reasonably ensure a court appearance.
20 § 8. Section 510.30 of the criminal procedure law, subparagraph (v) of
21 paragraph (a) of subdivision 2 as amended by chapter 920 of the laws of
22 1982, subparagraph (vi) of paragraph (a) of subdivision 2 as renumbered
23 by chapter 447 of the laws of 1977, subparagraph (vii) of paragraph (a)
24 of subdivision 2 as added and subparagraphs (viii) and (ix) of paragraph
25 (a) of subdivision 2 as renumbered by section 1 of part D of chapter 491
26 of the laws of 2012, and subdivision 3 as added by chapter 788 of the
27 laws of 1981, is amended to read as follows:
28 § 510.30 Application for [recognizance or bail] securing order; rules of
29 law and criteria controlling determination.
30 [1. Determinations of applications for recognizance or bail are not in
31 all cases discretionary but are subject to rules, prescribed in article
32 five hundred thirty and other provisions of law relating to specific
33 kinds of criminal actions and proceedings, providing (a) that in some
34 circumstances such an application must as a matter of law be granted,
35 (b) that in others it must as a matter of law be denied and the princi-
36 pal committed to or retained in the custody of the sheriff, and (c) that
37 in others the granting or denial thereof is a matter of judicial
38 discretion.
39 2. To the extent that the issuance of an order of recognizance or bail
40 and the terms thereof are matters of discretion rather than of law, an
41 application is determined on the basis of the following factors and
42 criteria:
43 (a)] With respect to any principal, the court in all cases, unless
44 otherwise provided by law, must [consider the] impose the least restric-
45 tive kind and degree of control or restriction that is necessary to
46 secure [his] the principal's court attendance when required. In deter-
47 mining that matter, the court must, on the basis of available informa-
48 tion, consider and take into account:
49 [(i) The principal's character, reputation, habits and mental condi-
50 tion;
51 (ii) His employment and financial resources; and
52 (iii) His family ties and the length of his residence if any in the
53 community; and
54 (iv) His] 1. information about the principal that is relevant to court
55 appearance, including, but not limited to, the principal's activities,
56 history and community ties;
S. 1505--A 100 A. 2005--A
1 2. if the principal is a defendant, the charges facing the principal;
2 3. the principal's criminal record if any; provided that the court
3 must also consider the time that has elapsed since the occurrence of the
4 crime or crimes and the age of the principal at the time of the occur-
5 rence of such delinquent or youthful offender conduct; [and
6 (v) His] 4. the principal's record of previous adjudication as a juve-
7 nile delinquent, as retained pursuant to section 354.2 of the family
8 court act, or, of pending cases where fingerprints are retained pursuant
9 to section 306.1 of such act, or a youthful offender, if any; provided
10 that the court must also consider the time that has elapsed since the
11 occurrence of the crime or crimes and the age of the principal at the
12 time of the occurrence of such delinquent or youthful offender conduct;
13 [and
14 (vi) His] 5. the principal's previous record if any in responding to
15 court appearances when required or with respect to flight to avoid crim-
16 inal prosecution; [and
17 (vii) Where] 6. where the principal is charged with a crime or crimes
18 against a member or members of the same family or household as that term
19 is defined in subdivision one of section 530.11 of this title, the
20 following factors:
21 [(A)] (i) any violation by the principal of an order of protection
22 issued by any court for the protection of a member or members of the
23 same family or household as that term is defined in subdivision one of
24 section 530.11 of this title, whether or not such order of protection is
25 currently in effect; and
26 [(B)] (ii) the principal's history of use or possession of a firearm;
27 [and
28 (viii)] 7. If [he] the principal is a defendant, the weight of the
29 evidence against [him] the principal in the pending criminal action and
30 any other factor indicating probability or improbability of conviction;
31 or, in the case of an application for [bail or recognizance] securing
32 order pending appeal, the merit or lack of merit of the appeal; and
33 [(ix)] 8. If [he] the principal is a defendant, the sentence which may
34 be or has been imposed upon conviction[.
35 (b) Where the principal is a defendant-appellant in a pending appeal
36 from a judgment of conviction, the court must also consider the likeli-
37 hood of ultimate reversal of the judgment. A determination that the
38 appeal is palpably without merit alone justifies, but does not require,
39 a denial of the application, regardless of any determination made with
40 respect to the factors specified in paragraph (a).
41 3. When bail or recognizance is ordered, the court shall inform the
42 principal, if he is a defendant charged with the commission of a felony,
43 that the release is conditional and that the court may revoke the order
44 of release and commit the principal to the custody of the sheriff in
45 accordance with the provisions of subdivision two of section 530.60 of
46 this chapter if he commits a subsequent felony while at liberty upon
47 such order.]; and
48 9. if the principal is a defendant-appellant in a pending appeal from
49 a judgment of conviction, the court must also consider the likelihood of
50 ultimate reversal of the judgment. A determination that the appeal is
51 palpably without merit alone justifies, but does not require, a denial
52 of the application, regardless of any determination made with respect to
53 the factors specified in this paragraph.
54 § 9. Section 510.40 of the criminal procedure law is amended to read
55 as follows:
S. 1505--A 101 A. 2005--A
1 § 510.40 [Application for recognizance or bail; determination thereof,
2 form of securing order and execution thereof] Notification to
3 principal by court of conditions of release and penalties for
4 violations of release.
5 1. [An application for recognizance or bail must be determined by a
6 securing order which either:
7 (a) Grants the application and releases the principal on his own
8 recognizance; or
9 (b) Grants the application and fixes bail; or
10 (c) Denies the application and commits the principal to, or retains
11 him in, the custody of the sheriff.
12 2.] Upon ordering that a principal be released on [his] the princi-
13 pal's own recognizance, or released under non-monetary conditions, the
14 court must direct [him] the principal to appear in the criminal action
15 or proceeding involved whenever [his] the principal's attendance may be
16 required and to [render himself] be at all times amenable to the orders
17 and processes of the court. If the principal is a defendant, the court
18 shall also direct the defendant not to commit a crime while at liberty
19 upon the court's securing order. If such principal is in the custody of
20 the sheriff [or at liberty upon bail] at the time of the order, the
21 court must direct that [he] the principal be discharged from such custo-
22 dy [or, as the case may be, that his bail be exonerated].
23 [3. Upon the issuance of an order fixing bail, and upon the posting
24 thereof, the court must examine the bail to determine whether it
25 complies with the order. If it does, the court must, in the absence of
26 some factor or circumstance which in law requires or authorizes disap-
27 proval thereof, approve the bail and must issue a certificate of
28 release, authorizing the principal to be at liberty, and, if he is in
29 the custody of the sheriff at the time, directing the sheriff to
30 discharge him therefrom. If the bail fixed is not posted, or is not
31 approved after being posted, the court must order that the principal be
32 committed to the custody of the sheriff.]
33 2. If the principal is released under non-monetary conditions, the
34 court shall, in the document authorizing the principal's release, notify
35 the principal of:
36 (a) any of the conditions under which the principal is subject, in
37 addition to the directions in subdivision one of this section, in a
38 manner sufficiently clear and specific to serve as a guide for the prin-
39 cipal's conduct; and
40 (b) the consequences for violation of those conditions, which could
41 include revoking of the securing order, setting of a more restrictive
42 securing order, or, after a motion and a hearing prescribed in article
43 five hundred forty-five of this title, pretrial detention.
44 § 10. The criminal procedure law is amended by adding a new section
45 510.41 to read as follows:
46 § 510.41 Provisions regarding non-monetary conditions of release.
47 1. Non-monetary conditions of release shall, for each individual,
48 require the least degree of restrictions or required actions that will
49 reasonably ensure the individual's court attendance. At future court
50 appearances, the court shall consider a lessening of the conditions or
51 modification of conditions to a less burdensome form based on the prin-
52 cipal's compliance with existing conditions of release.
53 2. (a) Electronic monitoring of a principal's location may be ordered
54 only if the individual is charged with a felony, or a misdemeanor crime
55 involving a person who is a member of the same household as defined in
56 subdivision one of section 530.11 of this title, and if the court finds,
S. 1505--A 102 A. 2005--A
1 after notice and an opportunity to be heard and an individualized deter-
2 mination explained on the record or in writing, that no other non-mone-
3 tary condition or sets of conditions will reasonably ensure a princi-
4 pal's return to court.
5 (b) The specific method of electronic monitoring of the principal's
6 location must be approved by the court. It must be the least restrictive
7 method and procedure that will reasonably ensure the principal's return
8 to court, and unobtrusive to the greatest extent possible.
9 (c) Electronic monitoring orders shall be reviewed at least every
10 sixty days to ascertain whether they are the least restrictive means of
11 reasonably ensuring an individual's court attendance and whether there
12 are less burdensome methods of ensuring such attendance.
13 3. In the event of non compliance with the conditions of release, the
14 court, upon motion by the people and only after affording the defendant
15 and defendant's counsel notice of the alleged noncompliance and an
16 opportunity to be heard, may revoke and modify the securing order. In
17 determining whether to revoke and modify the securing order, the court
18 must consider the facts, nature, willfulness, and the seriousness of the
19 noncompliance. The court may only set a more restrictive condition or
20 conditions if it finds that such conditions are necessary to reasonably
21 ensure the defendant's appearance in court.
22 § 11. The criminal procedure law is amended by adding a new section
23 510.43 to read as follows:
24 § 510.43 Court appearances; additional notifications.
25 The court, or, upon direction of the court, a certified pretrial
26 services agency, shall, in addition to verbal notifications during court
27 appearances, make best efforts to notify all principals released under
28 recognizance and under non-monetary conditions of all court appearances
29 in advance by text message, electronic mail, phone call or first class
30 mail. The chief administrator of the courts shall, pursuant to subdivi-
31 sion one of section 10.40 of this chapter, develop a form which shall be
32 offered to the principal at the principal's initial court appearance, by
33 which the principal may select one such preferred method of notice. The
34 form shall be retained in the court file. In no instance, however, shall
35 the principal's failure to receive such additional notifications in
36 addition to verbal notification at court appearances, constitute grounds
37 to excuse the principal's failure to appear at court proceedings.
38 § 12. The criminal procedure law is amended by adding a new section
39 510.45 to read as follows:
40 § 510.45 Pretrial service agencies.
41 1. Pretrial services shall be provided by a county probation depart-
42 ment or nonprofit pretrial service agency. The department or agency must
43 be approved by the division of criminal justice services and certified
44 by the office of court administration. The department or agency will
45 advise the court on a principal's release on recognizance or under non-
46 monetary conditions and monitor principals released under conditions of
47 non-monetary release. The division of criminal justice services shall
48 promulgate regulations for the operation of approved pretrial agencies,
49 which shall include data collection and reporting requirements on prin-
50 cipals served. The office of court administration shall maintain a list-
51 ing on its public website identifying each pretrial services agency so
52 certified in the state. A county shall be authorized to enter into a
53 contract with another county or municipality to provide pretrial
54 services.
55 2. Any criteria, instrument, or tool used to inform a pretrial service
56 agency's recommendation to the court about pretrial conditions shall be
S. 1505--A 103 A. 2005--A
1 made available to the principal and the principal's counsel. Any crite-
2 ria, instrument or tool used may consider risk of failing to appear in
3 court and shall not contain a measure of a person's general risk to
4 public safety. Any blank form of the criteria, instrument or tool used
5 in the county for such purpose shall be made available to any person
6 promptly upon request. If scores are calculated to predict the risk of
7 failure to appear, the scoring formula shall be made available. Any
8 tool used to predict failure to appear shall be periodically validated,
9 with validation studies available upon request.
10 § 13. Section 510.50 of the criminal procedure law is amended to read
11 as follows:
12 § 510.50 Enforcement of securing order.
13 When the attendance of a principal confined in the custody of the
14 sheriff is required at the criminal action or proceeding at a particular
15 time and place, the court may compel such attendance by directing the
16 sheriff to produce [him] such principal at such time and place. If the
17 principal is at liberty on [his] the principal's own recognizance [or on
18 bail] or non-monetary conditions, [his] the principal's attendance may
19 be achieved or compelled by various methods, including notification and
20 the issuance of a bench warrant, prescribed by law in provisions govern-
21 ing such matters with respect to the particular kind of action or
22 proceeding involved.
23 § 14. Article 520 of the criminal procedure law is REPEALED.
24 § 15. The article heading of article 530 of the criminal procedure law
25 is amended to read as follows:
26 [ORDERS OF RECOGNIZANCE OR BAIL WITH
27 RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS
28 AND PROCEEDINGS--WHEN AND BY WHAT
29 COURTS AUTHORIZED] SECURING ORDERS WITH
30 RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS AND
31 PROCEEDINGS - WHEN AND BY WHAT COURTS AUTHORIZED
32 § 16. Section 530.10 of the criminal procedure law is amended to read
33 as follows:
34 § 530.10 [Order of recognizance or bail] Securing orders; in general.
35 Under circumstances prescribed in this article, a court, upon applica-
36 tion of a defendant charged with or convicted of an offense, is
37 [required or authorized to order bail or recognizance] to issue a secur-
38 ing order for the release or prospective release of such defendant
39 during the pendency of either:
40 1. A criminal action based upon such charge; or
41 2. An appeal taken by the defendant from a judgment of conviction or a
42 sentence or from an order of an intermediate appellate court affirming
43 or modifying a judgment of conviction or a sentence.
44 § 17. Subdivision 4 of section 530.11 of the criminal procedure law,
45 as added by chapter 186 of the laws of 1997, is amended to read as
46 follows:
47 4. When a person is arrested for an alleged family offense or an
48 alleged violation of an order of protection or temporary order of
49 protection or arrested pursuant to a warrant issued by the supreme or
50 family court, and the supreme or family court, as applicable, is not in
51 session, such person shall be brought before a local criminal court in
52 the county of arrest or in the county in which such warrant is return-
53 able pursuant to article one hundred twenty of this chapter. Such local
54 criminal court may issue any order authorized under subdivision eleven
55 of section 530.12 of this article, section one hundred fifty-four-d or
56 one hundred fifty-five of the family court act or subdivision three-b of
S. 1505--A 104 A. 2005--A
1 section two hundred forty or subdivision two-a of section two hundred
2 fifty-two of the domestic relations law, in addition to discharging
3 other arraignment responsibilities as set forth in this chapter. In
4 making such order, the local criminal court shall consider the [bail
5 recommendation] securing order, if any, made by the supreme or family
6 court as indicated on the warrant or certificate of warrant. Unless the
7 petitioner or complainant requests otherwise, the court, in addition to
8 scheduling further criminal proceedings, if any, regarding such alleged
9 family offense or violation allegation, shall make such matter return-
10 able in the supreme or family court, as applicable, on the next day such
11 court is in session.
12 § 18. Paragraph (a) of subdivision 8 of section 530.13 of the criminal
13 procedure law, as added by chapter 388 of the laws of 1984, is amended
14 to read as follows:
15 (a) revoke [an order of recognizance or bail] a securing order and
16 commit the defendant to custody; or
17 § 19. The opening paragraph of subdivision 1 of section 530.13 of the
18 criminal procedure law, as amended by chapter 137 of the laws of 2007,
19 is amended to read as follows:
20 When any criminal action is pending, and the court has not issued a
21 temporary order of protection pursuant to section 530.12 of this arti-
22 cle, the court, in addition to the other powers conferred upon it by
23 this chapter, may for good cause shown issue a temporary order of
24 protection in conjunction with any securing order [committing the
25 defendant to the custody of the sheriff or as a condition of a pre-trial
26 release, or as a condition of release on bail or an adjournment in
27 contemplation of dismissal]. In addition to any other conditions, such
28 an order may require that the defendant:
29 § 20. Subdivisions 9 and 11 of section 530.12 of the criminal proce-
30 dure law, subdivision 9 as amended by section 81 of subpart B of part C
31 of chapter 62 of the laws of 2011, subdivision 11 as amended by chapter
32 498 of the laws of 1993, the opening paragraph of subdivision 11 as
33 amended by chapter 597 of the laws of 1998, paragraph (a) of subdivision
34 11 as amended by chapter 222 of the laws of 1994, paragraph (d) of
35 subdivision 11 as amended by chapter 644 of the laws of 1996, are
36 amended to read as follows:
37 9. If no warrant, order or temporary order of protection has been
38 issued by the court, and an act alleged to be a family offense as
39 defined in section 530.11 of this [chapter] article is the basis of the
40 arrest, the magistrate shall permit the complainant to file a petition,
41 information or accusatory instrument and for reasonable cause shown,
42 shall thereupon hold such respondent or defendant, [admit to, fix or
43 accept bail,] establish a securing order or parole him or her for hear-
44 ing before the family court or appropriate criminal court as the
45 complainant shall choose in accordance with the provisions of section
46 530.11 of this [chapter] article.
47 11. If a defendant is brought before the court for failure to obey any
48 lawful order issued under this section, or an order of protection issued
49 by a court of competent jurisdiction in another state, territorial or
50 tribal jurisdiction, and if, after hearing, the court is satisfied by
51 competent proof that the defendant has willfully failed to obey any such
52 order, the court may:
53 (a) revoke [an order of recognizance or revoke an order of bail or
54 order forfeiture of such bail] a securing order and commit the defendant
55 to custody; or
S. 1505--A 105 A. 2005--A
1 (b) restore the case to the calendar when there has been an adjourn-
2 ment in contemplation of dismissal and commit the defendant to custody;
3 or
4 (c) revoke a conditional discharge in accordance with section 410.70
5 of this chapter and impose probation supervision or impose a sentence of
6 imprisonment in accordance with the penal law based on the original
7 conviction; or
8 (d) revoke probation in accordance with section 410.70 of this chapter
9 and impose a sentence of imprisonment in accordance with the penal law
10 based on the original conviction. In addition, if the act which consti-
11 tutes the violation of the order of protection or temporary order of
12 protection is a crime or a violation the defendant may be charged with
13 and tried for that crime or violation.
14 § 21. Section 530.20 of the criminal procedure law, as amended by
15 chapter 531 of the laws of 1975, subparagraph (ii) of paragraph (b) of
16 subdivision 2 as amended by chapter 218 of the laws of 1979, is amended
17 to read as follows:
18 § 530.20 [Order of recognizance or bail;] Securing order by local crimi-
19 nal court when action is pending therein.
20 When a criminal action is pending in a local criminal court, such
21 court, upon application of a defendant, must [or may order recognizance
22 or bail] issue a securing order as follows:
23 1. [When the defendant is charged, by information, simplified informa-
24 tion, prosecutor's information or misdemeanor complaint, with an offense
25 or offenses of less than felony grade only, the court must order recog-
26 nizance or bail.] Release the principal pending trial on the principal's
27 personal recognizance, unless the court finds on the record that release
28 on recognizance will not reasonably assure the individual's court
29 attendance. In such instances, the court will release the individual
30 under non-monetary conditions, selecting the least restrictive alterna-
31 tive that will reasonably assure the principal's court attendance. The
32 court will support its choice of alternative on the record.
33 2. [When the defendant is charged, by felony complaint, with a felony,
34 the court may, in its discretion, order recognizance or bail except as
35 otherwise provided in this subdivision:
36 (a) A city court, a town court or a village court may not order recog-
37 nizance or bail when (i) the defendant is charged with a class A felony,
38 or (ii) it appears that the defendant has two previous felony
39 convictions;
40 (b)] Notwithstanding the above, in cases where the people indicate
41 that they intend to move for pretrial detention as set forth in article
42 five hundred forty-five of this title, the court may commit the defend-
43 ant to the custody of the sheriff or issue a securing order in accord-
44 ance with article five hundred forty-five of this title.
45 3. Notwithstanding the above, in cases where the defendant is facing a
46 charge of a class A felony, or it appears that the defendant has two
47 previous felony convictions within the meaning of subdivision one of
48 section 70.08 or 70.10 of the penal law; the court shall commit the
49 defendant to the custody of the sheriff for the county or superior court
50 to make a determination about a securing order within three days.
51 4. No local criminal court may order [recognizance or bail] a securing
52 order with respect to a defendant charged with a felony unless and
53 until[:
54 (i) The district attorney has been heard in the matter or, after know-
55 ledge or notice of the application and reasonable opportunity to be
S. 1505--A 106 A. 2005--A
1 heard, has failed to appear at the proceeding or has otherwise waived
2 his right to do so; and
3 (ii) The] the court [has], and counsel for the defense, have been
4 furnished with a report of the division of criminal justice services
5 concerning the defendant's criminal record, if any, or with a police
6 department report with respect to the defendant's prior arrest and
7 conviction record, if any. If neither report is available, the court,
8 with the consent of the district attorney, may dispense with this
9 requirement; provided, however, that in an emergency, including but not
10 limited to a substantial impairment in the ability of such division or
11 police department to timely furnish such report, such consent shall not
12 be required if, for reasons stated on the record, the court deems it
13 unnecessary. [When the court has been furnished with any such report or
14 record, it shall furnish a copy thereof to counsel for the defendant or,
15 if the defendant is not represented by counsel, to the defendant.]
16 § 22. The section heading, subdivisions 1 and 2 of section 530.30 of
17 the criminal procedure law, subdivision 2 as amended by chapter 762 of
18 the laws of 1971, are amended to read as follows:
19 [Order of recognizance or bail; by superior court judge when action is
20 pending in local criminal court] Securing order by superior court judge
21 when action is pending in local criminal court.
22 1. When a criminal action is pending in a local criminal court, other
23 than one consisting of a superior court judge sitting as such, a judge
24 of a superior court holding a term thereof in the county, upon applica-
25 tion of a defendant, may order [recognizance or bail] a securing order
26 when such local criminal court:
27 (a) Lacks authority to issue such an order, pursuant to [paragraph (a)
28 of] subdivision [two] three of section 530.20[; or
29 (b) Has denied an application for recognizance or bail; or
30 (c) Has fixed bail which is excessive;] or
31 (b) Has set a securing order of release under non-monetary conditions
32 which are more restrictive than necessary to reasonably ensure court
33 attendance.
34 In such case, such superior court judge may vacate the order of such
35 local criminal court and release the defendant on [his own] recognizance
36 [or fix bail in a lesser amount or in a less burdensome form,] or under
37 release with conditions, whichever is the least restrictive alternative
38 that will reasonably assure defendant's appearance in court. The court
39 will support its choice of alternative on the record.
40 2. Notwithstanding the provisions of subdivision one of this section,
41 when the defendant is charged with a felony in a local criminal court, a
42 superior court judge may not [order recognizance or bail] issue a secur-
43 ing order unless and until the district attorney has had an opportunity
44 to be heard in the matter and such judge [has] and counsel for the
45 defendant have been furnished with a report as described in [subpara-
46 graph (ii) of paragraph (b) of] subdivision [two] four of section
47 530.20.
48 § 23. Section 530.40 of the criminal procedure law, subdivision 3 as
49 amended by chapter 264 of the laws of 2003, and subdivision 4 as amended
50 by chapter 762 of the laws of 1971, is amended to read as follows:
51 § 530.40 [Order of recognizance or bail;] Securing order by superior
52 court when action is pending therein.
53 When a criminal action is pending in a superior court, such court,
54 upon application of a defendant, must [or may] order [recognizance or
55 bail] a securing order as follows:
S. 1505--A 107 A. 2005--A
1 1. [When the defendant is charged with an offense or offenses of less
2 than felony grade only, the court must order recognizance or bail.
3 2. When the defendant is charged with a felony, the court may, in its
4 discretion, order recognizance or bail. In any such case in which an
5 indictment (a) has resulted from an order of a local criminal court
6 holding the defendant for the action of the grand jury, or (b) was filed
7 at a time when a felony complaint charging the same conduct was pending
8 in a local criminal court, and in which such local criminal court or a
9 superior court judge has issued an order of recognizance or bail which
10 is still effective, the superior court's order may be in the form of a
11 direction continuing the effectiveness of the previous order.] Release
12 the principal pending trial on the principal's personal recognizance,
13 unless the court finds on the record that release on recognizance will
14 not reasonably assure the individual's court attendance. In such
15 instances, the court will release the individual under non-monetary
16 conditions, selecting the least restrictive alternative that will
17 reasonably assure the principal's court attendance. The court will
18 support its choice of alternative on the record.
19 2. Notwithstanding the above, in cases where the people indicate that
20 they intend to move for pretrial detention as set out in article five
21 hundred forty-five of this title, the court may commit the defendant to
22 the custody of the sheriff, or issue a securing order in accordance with
23 article five hundred forty-five of this title.
24 3. Notwithstanding the provisions of subdivision [two,] one of this
25 section, a superior court may not [order recognizance or bail] issue a
26 securing order, or permit a defendant to remain at liberty pursuant to
27 an existing order, after [he] the defendant has been convicted of
28 either: (a) a class A felony or (b) any class B or class C felony
29 defined in article one hundred thirty of the penal law committed or
30 attempted to be committed by a person eighteen years of age or older
31 against a person less than eighteen years of age. In either case the
32 court must commit or remand the defendant to the custody of the sheriff.
33 4. Notwithstanding the provisions of subdivision [two] one of this
34 section, a superior court may not [order recognizance or bail] issue a
35 securing order when the defendant is charged with a felony unless and
36 until the district attorney has had an opportunity to be heard in the
37 matter and such court [has] and counsel for the defense have been
38 furnished with a report as described in [subparagraph (ii) of paragraph
39 (b) of] subdivision [two] four of section 530.20 of this article.
40 § 24. Subdivision 1 of section 530.45 of the criminal procedure law,
41 as amended by chapter 264 of the laws of 2003, is amended to read as
42 follows:
43 1. When the defendant is at liberty in the course of a criminal action
44 as a result of a prior [order of recognizance or bail] securing order
45 and the court revokes such order and then [either fixes no bail or fixes
46 bail in a greater amount or in a more burdensome form than was previous-
47 ly fixed and remands or commits defendant to the custody of the sheriff,
48 a judge designated in subdivision two, upon application of the defendant
49 following conviction of an offense other than a class A felony or a
50 class B or class C felony offense defined in article one hundred thirty
51 of the penal law committed or attempted to be committed by a person
52 eighteen years of age or older against a person less than eighteen years
53 of age, and before sentencing, may issue a securing order and either
54 release defendant on his own recognizance, or fix bail, or fix bail in a
55 lesser amount or] issues a more restrictive securing order in a less
S. 1505--A 108 A. 2005--A
1 [burdensome] restrictive form than fixed by the court in which the
2 conviction was entered.
3 § 25. Section 530.60 of the criminal procedure law is REPEALED.
4 § 26. Title P of part 3 of the criminal procedure law is amended by
5 adding a new article 545 to read as follows:
6 ARTICLE 545--PRETRIAL DETENTION
7 Section 545.10 Pretrial detention; when ordered.
8 545.20 Eligibility for a pretrial detention hearing.
9 545.30 Pretrial detention hearing.
10 545.40 Order for pretrial detention.
11 545.50 Reopening of pretrial hearing.
12 545.60 Length of detention for defendant held under a pretrial
13 detention order.
14 § 545.10 Pretrial detention; when ordered.
15 A county or superior court may order, before trial, the detention of a
16 defendant if the people seek detention of the defendant under section
17 545.20 of this article, and, after a hearing pursuant to section 545.30
18 of this article, the court finds clear and convincing evidence that the
19 defendant poses a high risk of flight before trial, or that defendant
20 poses a current threat to the physical safety of a reasonably identifi-
21 able person or persons, and that no conditions or combination of condi-
22 tions in the community will suffice to contain the aforesaid risk or
23 threat. There shall be a rebuttable presumption, except in the circum-
24 stances outlined in subdivision four of section 545.30 of this article
25 that some condition or conditions in the community will reasonably
26 contain a high risk of flight or a current threat to the physical safety
27 of a reasonably identifiable person or persons. That presumption may
28 only be overcome by clear and convincing evidence.
29 § 545.20 Eligibility for a pretrial detention hearing.
30 1. The people may make a motion with the court at any time seeking the
31 pretrial detention of a defendant:
32 (a) charged with a class A felony defined in the penal law;
33 (b) charged with offenses involving witness intimidation under section
34 215.15, 215.16 or 215.17 of the penal law;
35 (c) charged with class B or C crimes as enumerated under section 70.02
36 of the penal law (except burglary in the second degree as defined in
37 subdivision two of section 140.25 of the penal law, or robbery in the
38 second degree as defined in subdivision one of section 160.10 of the
39 penal law);
40 (d) who, the people allege poses an immediate risk of physical harm to
41 members of the same family or household of the defendant, as defined in
42 subdivision one of section 530.11 of this title; or
43 (e) who has persistently and willfully failed to appear in court in
44 the current case, and the relevant pretrial services agency certifies
45 that the agency has made persistent efforts to assist the individual's
46 appearance in court.
47 2. Upon such motion by the people, the defendant may be committed to
48 the custody of the sheriff pending a hearing on the people's motion, or
49 the court may issue a securing order. The court shall support its choice
50 of an alternative on the record. If the person is at liberty, a warrant
51 shall be issued and the defendant brought into custody of the sheriff.
52 § 545.30 Pretrial detention hearing.
53 1. A hearing shall be held within three working days from the people's
54 motion. At the hearing, the defendant shall have the right to be
55 represented by counsel, and, if financially unable to obtain counsel, to
56 have counsel assigned. The defendant shall be afforded an opportunity to
S. 1505--A 109 A. 2005--A
1 testify, to present witnesses, to cross-examine witnesses who appear at
2 the hearing, and to present information by proffer or otherwise. The
3 rules concerning the admissibility of evidence in criminal trials do not
4 apply to the presentation and consideration of information during the
5 hearing.
6 2. (a) Within at least twenty-four hours of the hearing, the people
7 shall disclose to the defendant and permit the defendant to inspect,
8 copy or photograph all statements and reports that are in the
9 possession, custody or control of the people, or persons under the
10 people's direction and control that:
11 (i) the people rely upon to establish reasonable cause that the
12 defendant committed the alleged crime or crimes; and
13 (ii) relate to the people's basis for the pretrial detention motion
14 that either the defendant presents a high risk of flight or a current
15 threat to the physical safety of a reasonably identifiable person or
16 persons.
17 (b) In addition, the people will produce any statements that are
18 exculpatory in nature.
19 (c) Portions of materials claimed to be non-discoverable may be with-
20 held pending a determination and ruling of the court under section
21 245.70 of this chapter; but the defendant shall be notified in writing
22 that such information has not been disclosed under a particular subdivi-
23 sion of such section, and the discoverable portions of such materials
24 shall be disclosed if practicable.
25 3. In hearings in cases for which there is no indictment, the people
26 shall establish reasonable cause that the eligible defendant committed
27 the charged offense. The people must establish by clear and convincing
28 evidence that defendant poses a high risk of flight or a current threat
29 of physical danger to a reasonably identifiable person or persons and
30 that no conditions or combination of conditions in the community will
31 suffice to contain the aforesaid risk or threat.
32 4. There shall be a rebuttable presumption, which the defendant may
33 overcome by a preponderance of the evidence, that no conditions or
34 combination of conditions in the community will suffice to contain a
35 current threat to the physical safety of a reasonably identifiable
36 person or persons if the court finds reasonable cause that the defend-
37 ant:
38 (a) committed a crime for which the defendant would be subject to a
39 term of life imprisonment;
40 (b) committed a crime involving serious physical injury or threat of
41 serious physical injury, or attempt therein, while the defendant was in
42 the community on recognizance or under non-monetary conditions for a
43 crime involving serious physical injury or the threat of serious phys-
44 ical injury; or
45 (c) threatened, injured, intimidated, or attempted to threaten, injure
46 or intimidate a prospective witness or juror in an criminal investi-
47 gation or judicial proceeding.
48 5. In determining whether the defendant presents a high risk of flight
49 or a current threat of physical danger to a reasonably identifiable
50 person or persons and whether no conditions or combinations of condi-
51 tions in the community will suffice to contain such risk or threat, the
52 court may take into account the following information:
53 (a) the nature and circumstances of the charged offense;
54 (b) the weight of the evidence against the defendant, except that the
55 court may consider the admissibility of any evidence sought to be
56 excluded;
S. 1505--A 110 A. 2005--A
1 (c) the defendant's current and prior history of failure to appear in
2 court whether such failures to appear were willful;
3 (d) the nature and the credibility of the threat to the physical
4 danger of a reasonably identifiable person or persons, if applicable;
5 and
6 (e) whether, at the time of the current offense or arrest, the defend-
7 ant was on probation, parole, or on release pending trial, sentencing or
8 completion of a sentence in this state or other jurisdictions.
9 § 545.40 Order for pretrial detention.
10 In a pretrial detention order issued pursuant to section 545.10 of
11 this article, the court shall:
12 1. include written findings of fact and a written statement of the
13 reasons for the detention; and
14 2. direct that the eligible defendant be afforded reasonable opportu-
15 nity for private consultation with counsel.
16 § 545.50 Reopening of pretrial hearing.
17 A pretrial detention hearing may be opened, before or after issuance
18 of a pretrial detention order by the court, by motion of the people or
19 the defendant, at any time before trial, if the court finds either a
20 change of circumstances or that information exists that was not known to
21 the people or to the defendant at the time of the hearing, that has a
22 material bearing on the issue of whether defendant presents a high risk
23 of failure to appear or a current threat to the physical safety of a
24 reasonably identifiable person or persons and whether no conditions or
25 combination of conditions will suffice to contain such risk or threat.
26 § 545.60 Length of detention for defendant held under a pretrial
27 detention order.
28 1. If a pretrial detention order is issued, a defendant shall not
29 remain detained in jail for more than one hundred eighty days after the
30 return of the indictment, if applicable, until the start of trial. In
31 cases where no indictment is required, the defendant shall not remain
32 detained in jail for more than ninety days from the date of the pretrial
33 detention motion until the start of trial.
34 2. (a) The time within which the trial of the case commences may be
35 extended for one or more additional periods not to exceed twenty days
36 each on the basis of a motion submitted by the people and approved by
37 the court. The additional period or periods of detention may be granted
38 only on the basis of good cause shown, and shall be granted only for the
39 additional time required to prepare for the trial of the person. Good
40 cause may include, but not be limited to, the unavailability of an
41 essential witness, the necessity for forensic analysis of evidence, the
42 ability to conduct a joint trial with a co-defendant or co-defendants,
43 severance of co-defendants which permits only one trial to commence
44 within the time period, complex or major investigations, scheduling
45 conflicts which arise shortly before the trial date, the inability to
46 proceed to trial because of action taken by or at the behest of the
47 defendant, the breakdown of a plea agreement on or immediately before
48 the trial date, and allowing reasonable time to prepare for a trial
49 after the circumstances giving rise to a tolling or extension of the
50 time period no longer exists.
51 (b) In computing the one hundred eighty days from indictment, if
52 applicable, or if no indictment is required, ninety days from the date
53 of the pretrial order, to commencement of trial, the following periods
54 shall be excluded:
55 (i) any period from the filing of the notice of appeal to the issuance
56 of the mandate in an interlocutory appeal;
S. 1505--A 111 A. 2005--A
1 (ii) any period attributable to any examination to determine the
2 defendant's sanity or lack thereof or his or her mental or physical
3 competency to stand trial;
4 (iii) any period attributable to the inability of the defendant to
5 participate in the defendant's defense because of mental incompetency or
6 physical incapacity; and
7 (iv) any period in which the defendant is otherwise unavailable for
8 trial.
9 3. If a trial has not commenced within one hundred eighty days from
10 indictment, if applicable, or ninety days from the pretrial detention
11 order if no indictment is required, as calculated above, and the defend-
12 ant remains in custody, the defendant shall be released on recognizance
13 or under non-monetary conditions of release pending trial on the under-
14 lying charge, unless:
15 (a) the trial is in progress,
16 (b) the trial has been delayed by the timely filing of motions,
17 excluding motions for continuances;
18 (c) the trial has been delayed at the request of the defendant; or
19 (d) upon motion of the people, the court finds that a current substan-
20 tial and unjustifiable risk to the physical safety of a reasonably iden-
21 tifiable person would result from the defendant's release from custody,
22 and that no appropriate conditions for the defendant's release would
23 reasonably address that risk, and also finds that the failure to
24 commence trial in accordance with the time requirements set forth in
25 this section was not due to unreasonable delay by the people. If the
26 court makes such a finding, the court must set an additional period of
27 time, not to exceed thirty days, in which the defendant's trial must
28 commence. If the trial does not commence within this period, the defend-
29 ant must be released on recognizance or under non-monetary conditions.
30 § 27. Article 68 of the insurance law is REPEALED.
31 § 28. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
32 procedure law, as amended by chapter 258 of the laws of 2015, is amended
33 to read as follows:
34 (a) If at any time during the defendant's participation in the judi-
35 cial diversion program, the court has reasonable grounds to believe that
36 the defendant has violated a release condition or has failed to appear
37 before the court as requested, the court shall direct the defendant to
38 appear or issue a bench warrant to a police officer or an appropriate
39 peace officer directing him or her to take the defendant into custody
40 and bring the defendant before the court without unnecessary delay;
41 provided, however, that under no circumstances shall a defendant who
42 requires treatment for opioid abuse or dependence be deemed to have
43 violated a release condition on the basis of his or her participation in
44 medically prescribed drug treatments under the care of a health care
45 professional licensed or certified under title eight of the education
46 law, acting within his or her lawful scope of practice. The provisions
47 of [subdivision one of] section [530.60] 530.10 of this chapter relating
48 to [revocation of recognizance or bail] issuance of securing orders
49 shall apply to such proceedings under this subdivision.
50 § 29. Subdivisions 2 and 3 of section 620.50 of the criminal procedure
51 law are amended to read as follows:
52 2. If the court is satisfied after such hearing that there is reason-
53 able cause to believe that the prospective witness (a) possesses infor-
54 mation material to the pending action or proceeding, and (b) will not be
55 amenable or respond to a subpoena at a time when [his] the witness's
56 attendance will be sought, it may issue a material witness order,
S. 1505--A 112 A. 2005--A
1 adjudging [him] the individual a material witness and [fixing bail to
2 secure his] releasing the individual on the individual's own recogni-
3 zance unless the court finds on the record that release on recognizance
4 will not reasonably ensure the individual's court attendance. In such
5 instances the court will release the individual under non-monetary
6 conditions, selecting the least restrictive alternative that will
7 reasonably ensure the individual's future attendance.
8 3. [A] When a material witness order [must be] is executed [as
9 follows:
10 (a) If the bail is posted and approved by the court], the witness
11 must[, as provided in subdivision three of section 510.40,] be released
12 and be permitted to remain at liberty[; provided that, where the bail is
13 posted by a person other than the witness himself, he may not be so
14 released except upon his signed written consent thereto;
15 (b) If the bail is not posted, or if though posted it is not approved
16 by the court, the witness must[, as provided in subdivision three of
17 section 510.40, be committed to the custody of the sheriff].
18 § 30. Section 216 of the judiciary law is amended by adding a new
19 subdivision 5 to read as follows:
20 5. (a) The chief administrator of the courts shall collect data at
21 arraignment on all pretrial release and detention decisions, including
22 information on sex, race, criminal charge, the pretrial release decision
23 outcome, whether the individual was detained, whether electronic moni-
24 toring was imposed, and information on any pretrial motions made, and
25 motions granted.
26 (b) The office of court administration shall provide data and informa-
27 tion to the division of criminal justice services which will prepare an
28 annual report on pretrial release and detention outcomes, and include
29 information on the sex, race, criminal charge, pretrial decision
30 outcomes, the use of electronic monitoring, pretrial motions, rates of
31 failure to appear and rates of rearrest for individuals released before
32 trial. The report shall also include information on pretrial service
33 agency activity.
34 § 31. This act shall take effect November 1, 2020.
35 SUBPART B
36 Section 1. Article 240 of the criminal procedure law is REPEALED.
37 § 2. The criminal procedure law is amended by adding a new article 245
38 to read as follows:
39 ARTICLE 245
40 DISCOVERY
41 Section 245.10 Timing of discovery.
42 245.20 Automatic discovery.
43 245.25 Disclosure prior to guilty plea deadline.
44 245.30 Court orders for preservation, access or discovery.
45 245.35 Court ordered procedures to facilitate compliance.
46 245.40 Non-testimonial evidence from the defendant.
47 245.45 DNA comparison order.
48 245.50 Certificates of compliance.
49 245.55 Flow of information.
50 245.60 Continuing duty to disclose.
51 245.65 Work product.
52 245.70 Protective orders.
53 245.75 Waiver of discovery by defendant.
54 245.80 Remedies or sanctions for non-compliance.
S. 1505--A 113 A. 2005--A
1 245.85 Admissibility of discovery.
2 § 245.10 Timing of discovery.
3 1. Prosecution's performance of obligations. (a) The prosecution shall
4 perform its initial discovery obligations under subdivision one of
5 section 245.20 of this article as soon as practicable but not later
6 than fifteen calendar days after the defendant's arraignment on an
7 indictment, superior court information, prosecutor's information, infor-
8 mation, or simplified information. Portions of materials claimed to be
9 non-discoverable may be withheld pending a determination and ruling of
10 the court under section 245.70 of this article; but the defendant shall
11 be notified in writing that information has not been disclosed under a
12 particular subdivision of such section, and the discoverable portions of
13 such materials shall be disclosed if practicable. When the discoverable
14 materials are exceptionally voluminous or, despite diligent efforts, are
15 otherwise not in the possession, custody, or control of the prosecution,
16 the time period in this paragraph may be stayed by up to an additional
17 thirty calendar days without need for a motion pursuant to subdivision
18 two of section 245.70 of this article.
19 (b) The prosecution shall perform its supplemental discovery obli-
20 gations under subdivision three of section 245.20 of this article as
21 soon as practicable but not later than fifteen calendar days before
22 trial.
23 2. Defendant's performance of obligations. The defendant shall perform
24 his or her discovery obligations under subdivision four of section
25 245.20 of this article not later than fifteen calendar days after being
26 served with the prosecution's certificate of compliance pursuant to
27 subdivision one of section 245.50 of this article, except that portions
28 of materials claimed to be non-discoverable may be withheld pending a
29 determination and ruling of the court under section 245.70 of this arti-
30 cle; but the prosecution must be notified in writing that information
31 has not been disclosed under a particular section and the disclosable
32 portions of such material shall be disclosed if practicable.
33 § 245.20 Automatic discovery.
34 1. Initial discovery for the defendant. Subject to paragraph (b) of
35 this subdivision and section 245.70 of this article, the prosecution
36 shall disclose to the defendant, and permit the defendant to discover,
37 inspect, copy or photograph, each of the following items and information
38 when it relates to the subject matter of the case and is in the
39 possession, custody or control of the prosecution or persons known to
40 the prosecution to be in the possession, custody or control of the pros-
41 ecution's direction or control:
42 (a) All written or recorded statements, and the substance of all oral
43 statements, made by the defendant or a co-defendant to a public servant
44 engaged in law enforcement activity or to a person then acting under his
45 or her direction or in cooperation with him or her, other than state-
46 ments made in the course of the criminal transaction.
47 (b) All transcripts of the testimony of a person who has testified
48 before a grand jury, including but not limited to the defendant or a
49 co-defendant. If in the exercise of reasonable diligence, and due to the
50 limited availability of transcription resources, a transcript is
51 unavailable for disclosure within the time period specified in subdivi-
52 sion one of section 245.10 of this article, such time period may be
53 stayed by up to an additional thirty calendar days without need for a
54 motion pursuant to subdivision two of section 245.70 of this article;
55 except that such disclosure shall be made as soon as practicable and not
56 later than thirty calendar days before a scheduled trial date. When the
S. 1505--A 114 A. 2005--A
1 court is required to review grand jury transcripts, the prosecution
2 shall disclose such transcripts to the court expeditiously upon receipt
3 by the prosecutor, notwithstanding the otherwise-applicable time periods
4 for disclosure in this article.
5 (c) The names of, and addresses or adequate alternative contact infor-
6 mation for, all persons other than law enforcement personnel whom the
7 prosecutor knows to have evidence or information relevant to any offense
8 charged or to a potential defense thereto, including a designation by
9 the prosecutor as to which of those persons may be called as witnesses.
10 Information under this subdivision relating to a confidential informant
11 may be withheld, and redacted from discovery materials, without need for
12 a motion pursuant to section 245.70 of this article; but the defendant
13 shall be notified in writing that such information has not been
14 disclosed, unless the court rules otherwise for good cause shown.
15 (d) The name and work affiliation of all law enforcement personnel
16 whom the prosecutor knows to have evidence or information relevant to
17 any offense charged or to a potential defense thereto, including a
18 designation by the prosecutor as to which of those persons may be called
19 as witnesses. Information under this subdivision relating to undercover
20 personnel may be withheld, and redacted from discovery materials, with-
21 out need for a motion pursuant to section 245.70 of this article; but
22 the defendant shall be notified in writing that such information has not
23 been disclosed, unless the court rules otherwise for good cause shown.
24 (e) All statements, written or recorded or summarized in any writing
25 or recording, made by persons who have evidence or information relevant
26 to any offense charged or to a potential defense thereto, including all
27 police reports and law enforcement agency reports. This provision also
28 includes statements, written or recorded or summarized in any writing or
29 recording, by persons to be called as witnesses at pre-trial hearings.
30 (f) Expert opinion evidence, including the name, business address,
31 current curriculum vitae, and a list of publications of each expert
32 witness whom the prosecutor intends to call as a witness at trial or a
33 pre-trial hearing, and all reports prepared by the expert that pertain
34 to the case, or if no report is prepared, a written statement of the
35 facts and opinions to which the expert is expected to testify and a
36 summary of the grounds for each opinion. This paragraph does not alter
37 or in any way affect the procedures, obligations or rights set forth in
38 section 250.10 of this title. If in the exercise of reasonable dili-
39 gence this information is unavailable for disclosure within the time
40 period specified in subdivision one of section 245.10 of this article,
41 that period shall be stayed without need for a motion pursuant to
42 subdivision two of section 245.70 of this article; except that the
43 disclosure shall be made as soon as practicable and not later than thir-
44 ty calendar days before a scheduled trial date, unless an order is
45 obtained pursuant to section 245.70 of this article. When the prose-
46 cution's expert witness is being called in response to disclosure of an
47 expert witness by the defendant, the court may alter a scheduled trial
48 date to allow the prosecution thirty calendar days to make the disclo-
49 sure and the defendant thirty calendar days to prepare and respond to
50 the new materials.
51 (g) All tapes or other electronic recordings which the prosecution
52 intends to introduce at trial or a pre-trial hearing.
53 (h) All photographs and drawings made or completed by a public servant
54 engaged in law enforcement activity, or which were made by a person
55 whom the prosecutor intends to call as a witness at trial or a pre-trial
S. 1505--A 115 A. 2005--A
1 hearing, or which the prosecution intends to introduce at trial or a
2 pre-trial hearing.
3 (i) All photographs, photocopies and reproductions made by or at the
4 direction of law enforcement personnel of any property prior to its
5 release pursuant to section 450.10 of the penal law.
6 (j) All reports, documents, data, calculations or writings, including
7 but not limited to preliminary tests or screening results and bench
8 notes, concerning physical or mental examinations, or scientific tests
9 or experiments or comparisons, and analyses performed electronically,
10 relating to the criminal action or proceeding which were made by or at
11 the request or direction of a public servant engaged in law enforcement
12 activity, or which were made by a person whom the prosecutor intends to
13 call as a witness at trial or a pre-trial hearing, or which the prose-
14 cution intends to introduce at trial or a pre-trial hearing.
15 (k) All evidence and information, including that which is known to
16 police or other law enforcement agencies acting on the government's
17 behalf in the case, that tends to: (i) negate the defendant's guilt as
18 to a charged offense; (ii) reduce the degree of or mitigate the defend-
19 ant's culpability as to a charged offense; (iii) support a potential
20 defense to a charged offense; (iv) materially impact the credibility of
21 a testifying prosecution witness; (v) undermine evidence of the defend-
22 ant's identity as a perpetrator of a charged offense; or (vi) provide a
23 basis for a motion to suppress evidence. Information under this subdi-
24 vision shall be disclosed whether or not such information is recorded in
25 tangible form and irrespective of whether the prosecutor credits the
26 information. The prosecutor shall disclose the information expeditiously
27 upon its receipt and shall not delay disclosure if it is obtained earli-
28 er than the time period for disclosure in subdivision one of section
29 245.10 of this article.
30 (l) A summary of all promises, rewards and inducements made to, or in
31 favor of, persons who may be called as witnesses, as well as requests
32 for consideration by persons who may be called as witnesses and copies
33 of all documents relevant to a promise, reward or inducement.
34 (m) A list of all tangible objects obtained from, or allegedly
35 possessed by, the defendant or a co-defendant. The list shall include a
36 designation by the prosecutor as to which objects were physically or
37 constructively possessed by the defendant and were recovered during a
38 search or seizure by a public servant or an agent thereof, and which
39 tangible objects were recovered by a public servant or an agent thereof
40 after allegedly being abandoned by the defendant. If the prosecution
41 intends to prove the defendant's possession of any tangible objects by
42 means of a statutory presumption of possession, it shall designate such
43 intention as to each such object. If reasonably practicable, the prose-
44 cution shall also designate the location from which each tangible object
45 was recovered. There is also a right to inspect or copy or photograph
46 the listed tangible objects.
47 (n) Whether a search warrant has been executed and all documents
48 relating thereto, including but not limited to the warrant, the warrant
49 application, supporting affidavits, a police inventory of all property
50 seized under the warrant, and a transcript of all testimony or other
51 oral communications offered in support of the warrant application.
52 (o) All tangible property that the prosecution intends to introduce in
53 its case-in-chief at trial or a pre-trial hearing. If in the exercise of
54 reasonable diligence the prosecutor has not formed an intention within
55 the time period specified in subdivision one of section 245.10 of this
56 article that an item under this subdivision will be introduced at trial
S. 1505--A 116 A. 2005--A
1 or a pre-trial hearing, such time period shall be stayed without need
2 for a motion pursuant to subdivision two of section 245.70 of this arti-
3 cle; but the disclosure shall be made as soon as practicable and subject
4 to the continuing duty to disclose in section 245.60 of this article.
5 (p) A record of judgment of conviction for all defendants and all
6 persons designated as potential prosecution witnesses pursuant to para-
7 graph (c) of this subdivision, other than those witnesses who are
8 experts.
9 (q) When it is known to the prosecution, the existence of any pending
10 criminal action against all persons designated as potential prosecution
11 witnesses pursuant to paragraph (c) of this subdivision.
12 (r) The approximate date, time and place of the offense or offenses
13 charged and of the defendant's seizure and arrest.
14 (s) In any prosecution alleging a violation of the vehicle and traffic
15 law, where the defendant is charged by indictment, superior court infor-
16 mation, prosecutor's information, information, or simplified informa-
17 tion, the most recent record of inspection, calibration and repair of
18 machines and instruments utilized to perform any scientific tests and
19 experiments and the certification certificate, if any, held by the oper-
20 ator of the machine or instrument, and all other disclosures required
21 under this article.
22 (t) In any prosecution alleging a violation of section 156.05 or
23 156.10 of the penal law, the time, place and manner such violation
24 occurred.
25 2. Discovery by the prosecution. The prosecutor shall make a dili-
26 gent, good faith effort to ascertain the existence of material or infor-
27 mation discoverable under subdivision one of this section and to cause
28 such material or information to be made available for discovery where
29 it exists but is not within the prosecutor's possession, custody or
30 control; provided that the prosecutor shall not be required to obtain by
31 subpoena duces tecum material or information which the defendant may
32 thereby obtain. This provision shall not require the prosecutor to
33 ascertain the existence of witnesses not known to police or another law
34 enforcement agency, or the written or recorded statements thereof, under
35 paragraph (c) or (e) of subdivision one of this section.
36 3. Supplemental discovery for the defendant. The prosecution shall
37 disclose to the defendant a list of all misconduct and criminal acts of
38 the defendant not charged in the indictment, superior court information,
39 prosecutor's information, information, or simplified information, which
40 the prosecution intends to use at trial for purposes of (a) impeaching
41 the credibility of the defendant, or (b) as substantive proof of any
42 material issue in the case.
43 4. Reciprocal discovery for the prosecution. (a) The defendant shall,
44 subject to constitutional limitations, disclose to the prosecution, and
45 permit the prosecution to discover, inspect, copy or photograph, any
46 material and relevant evidence within the defendant's or counsel for the
47 defendant's possession or control that is discoverable under paragraphs
48 (f), (g), (h), (j), (1) and (o) of subdivision one of this section,
49 which the defendant intends to offer at trial or a pre-trial hearing,
50 and the names, addresses, birth dates, and all statements, written or
51 recorded or summarized in any writing or recording, of those persons
52 other than the defendant whom the defendant intends to call as witnesses
53 at trial or a pre-trial hearing.
54 (b) Disclosure of the name, address, birth date, and all statements,
55 written or recorded or summarized in any writing or recording, of a
56 person whom the defendant intends to call as a witness for the sole
S. 1505--A 117 A. 2005--A
1 purpose of impeaching a prosecution witness is not required until after
2 the prosecution witness has testified at trial.
3 (c) If in the exercise of reasonable diligence the reciprocally
4 discoverable information under paragraph (f) or (o) of subdivision one
5 of this section is unavailable for disclosure within the time period
6 specified in subdivision two of section 245.10 of this article, such
7 time period shall be stayed without need for a motion pursuant to subdi-
8 vision two of section 245.70 of this article; but the disclosure shall
9 be made as soon as practicable and subject to the continuing duty to
10 disclose in section 245.60 of this article.
11 5. Stay of automatic discovery; remedies and sanctions. If in the
12 judgment of either party good cause exists for declining to make any of
13 the disclosures set forth above, such party may move for a protective
14 order pursuant to section 245.70 of this article and production of the
15 item shall be stayed pending a ruling by the court. The opposing party
16 shall be notified in writing that information has not been disclosed
17 under a particular section. When some parts of material or information
18 are discoverable but in the judgment of a party good cause exists for
19 declining to disclose other parts, the discoverable parts shall be
20 disclosed and the disclosing party shall give notice in writing that
21 non-discoverable parts have been withheld.
22 6. Redactions permitted. Either party may redact social security
23 numbers and tax numbers from disclosures under this article.
24 § 245.25 Disclosure prior to guilty plea deadline.
25 1. Pre-indictment guilty pleas. Subject to subdivision two of this
26 section and section 245.70 of this article, upon a felony complaint,
27 where the prosecution has made a pre-indictment guilty plea offer
28 requiring a plea to a crime, the defendant may, upon timely request and
29 reasonable notice to the prosecution, inspect any available police or
30 other law enforcement agency report of a factual nature regarding the
31 arrest or investigation of the charges, and/or any designated and avail-
32 able items or information that could be of material importance to the
33 decision on the guilty plea offer and would be discoverable prior to
34 trial under subdivision one of section 245.20 of this article. The pros-
35 ecution shall disclose the requested and designated items or informa-
36 tion, as well as any known information that tends to be exculpatory or
37 to support a defense to a charged offense, not less than three calendar
38 days prior to the expiration date of any guilty plea offer by the prose-
39 cution or any deadline imposed by the court for acceptance of a negoti-
40 ated guilty plea offer. If the prosecution does not comply with a prop-
41 er request made pursuant to this subdivision, the court may take
42 appropriate action as necessary to address the non-compliance. The
43 inspection rights under this subdivision do not apply to items or infor-
44 mation that are the subject of a protective order under section 245.70
45 of this article; but if such information tends to be exculpatory, the
46 court shall reconsider the protective order. The court may deny an
47 inspection under this subdivision when a reasonable person in the
48 defendant's position would not consider the requested and designated
49 item or information to be of material importance to the decision on the
50 guilty plea offer. A defendant may waive his or her rights under this
51 subdivision; but a guilty plea offer may not be conditioned on such
52 waiver.
53 2. Other guilty pleas. Upon an indictment, superior court information,
54 prosecutor's information, information, simplified information, or
55 misdemeanor complaint, where the prosecution has made a guilty plea
56 offer requiring a plea to a crime, the defendant may, upon timely
S. 1505--A 118 A. 2005--A
1 request and reasonable notice to the prosecution, inspect any available
2 police or other law enforcement agency report of a factual nature
3 regarding the arrest or investigation of the charges, and/or any desig-
4 nated and available items or information that could be of material
5 importance to the decision on the guilty plea offer and would be discov-
6 erable prior to trial under subdivision one of section 245.20 of this
7 article. The prosecution shall disclose the requested and designated
8 items or information, as well as any known information that tends to be
9 exculpatory or to support a defense to a charged offense, not less than
10 seven calendar days prior to the expiration date of any guilty plea
11 offer by the prosecution or any deadline imposed by the court for a
12 guilty plea. If the prosecution does not comply with a proper request
13 made pursuant to this subdivision, the court may take appropriate action
14 as necessary to address the non-compliance. The inspection rights under
15 this subdivision do not apply to items or information that are the
16 subject of a protective order under section 245.70 of this article; but
17 if such information tends to be exculpatory, the court shall reconsider
18 the protective order. The court may deny an inspection under this
19 subdivision when a reasonable person in the defendant's position would
20 not consider the requested and designated item or information to be of
21 material importance to the decision on the guilty plea offer. A defend-
22 ant may waive his or her rights under this subdivision, but a guilty
23 plea offer may not be conditioned on such waiver.
24 § 245.30 Court orders for preservation, access or discovery.
25 1. Order to preserve evidence. At any time, a party may move for a
26 court order to any individual, agency or other entity in possession,
27 custody or control of items which relate to the subject matter of the
28 case or are otherwise relevant, requiring that such items be preserved
29 for a specified period of time. The court shall hear and rule upon such
30 motions expeditiously. The court may modify or vacate such an order
31 upon a showing that preservation of particular evidence will create
32 significant hardship, on condition that the probative value of that
33 evidence is preserved by a specified alternative means.
34 2. Order to grant access to premises. Without prejudice to its abili-
35 ty to issue a subpoena pursuant to this chapter, after an accusatory
36 instrument has been filed, on application of the prosecution or the
37 defendant for access to an area or place relevant to the case in order
38 to inspect, photograph, or measure same, and upon notice to the property
39 owner with a right to be heard, the court may, upon a finding that such
40 would be material to the preparation of the case or helpful to the jury
41 in determining any material factual issue, enter an order authorizing
42 same on a date and time reasonable for the parties and those in
43 possession of the area or place, provided that law enforcement is not in
44 good faith engaged in a continued investigation of the area or place.
45 The court may in the alternative otherwise provide for the securing of
46 photographs or measurements of the area or place, particularly when
47 necessary to protect the privacy of those in possession of private prem-
48 ises, or when necessary to preserve the safety and security of a place.
49 The court may also limit access and/or the distribution of photographs
50 or measurements to the parties or their counsel.
51 3. Discretionary discovery by order of the court. The court in its
52 discretion may, upon a showing by the defendant that the request is
53 reasonable and that the defendant is unable without undue hardship to
54 obtain the substantial equivalent by other means, order the prosecution,
55 or any individual, agency or other entity subject to the jurisdiction of
56 the court, to make available for disclosure to the defendant any materi-
S. 1505--A 119 A. 2005--A
1 al or information which relates to the subject matter of the case and is
2 reasonably likely to be material. A motion under this subdivision must
3 be on notice to any person or entity affected by the order. The court
4 may, on its own, upon request of any person or entity affected by the
5 order, modify or vacate the order if compliance would be unreasonable or
6 will create significant hardship. The court may permit a party seeking
7 or opposing a discretionary order of discovery under this subdivision,
8 or another affected person or entity, to submit papers or testify on the
9 record ex parte or in camera. Any such papers and a transcript of such
10 testimony may be sealed and shall constitute a part of the record on
11 appeal.
12 § 245.35 Court ordered procedures to facilitate compliance.
13 To facilitate compliance with this article, and to reduce or stream-
14 line litigation of any disputes about discovery, the court in its
15 discretion may issue an order:
16 1. Requiring that the prosecutor and counsel for the defendant dili-
17 gently confer to attempt to reach an accommodation as to any dispute
18 concerning discovery prior to seeking a ruling from the court;
19 2. Requiring a discovery compliance conference at a specified time
20 prior to trial between the prosecutor, counsel for all defendants, and
21 the court or its staff;
22 3. Requiring the prosecution to file an additional certificate of
23 compliance that states that the prosecutor and/or an appropriate named
24 agent has made reasonable inquiries of all police officers and other
25 persons who have participated in investigating or evaluating the case
26 about the existence of any favorable evidence or information within
27 paragraph (k) of subdivision one of section 245.20 of this article,
28 including such evidence or information that was not reduced to writing
29 or otherwise memorialized or preserved as evidence, and has disclosed
30 any such information to the defendant; and/or
31 4. Requiring other measures or proceedings designed to carry into
32 effect the goals of this article.
33 § 245.40 Non-testimonial evidence from the defendant.
34 1. Availability. After the filing of an accusatory instrument, and
35 subject to constitutional limitations, the court may, upon motion of
36 the prosecution showing probable cause to believe the defendant has
37 committed the crime, a clear indication that relevant material evidence
38 will be found, and that the method used to secure such evidence is safe
39 and reliable, require a defendant to provide non-testimonial evidence,
40 including to:
41 (a) Appear in a lineup;
42 (b) Speak for identification by a witness or potential witness;
43 (c) Be fingerprinted;
44 (d) Pose for photographs not involving reenactment of an event;
45 (e) Permit the taking of samples of the defendant's blood, hair, and
46 other materials of the defendant's body that involves no unreasonable
47 intrusion thereof;
48 (f) Provide specimens of the defendant's handwriting; and
49 (g) Submit to a reasonable physical or medical inspection of the
50 defendant's body.
51 2. Limitations. This section shall not be construed to alter or in any
52 way affect the issuance of a similar court order, as may be authorized
53 by law, before the filing of an accusatory instrument, consistent with
54 such rights as the defendant may derive from the state constitution or
55 the United States constitution. This section shall not be construed to
56 alter or in any way affect the administration of a chemical test where
S. 1505--A 120 A. 2005--A
1 otherwise authorized. An order pursuant to this section may be denied,
2 limited or conditioned as provided in section 245.70 of this article.
3 § 245.45 DNA comparison order.
4 Where property in the prosecution's possession, custody, or control
5 consists of a deoxyribonucleic acid ("DNA") profile obtained from
6 probative biological material gathered in connection with the investi-
7 gation of the crime, or the defendant, or the prosecution of the defend-
8 ant, and the defendant establishes (a) that such profile complies with
9 federal bureau of investigation or state requirements, whichever are
10 applicable and as such requirements are applied to law enforcement agen-
11 cies seeking a keyboard search or similar comparison, and (b) that the
12 data meets state DNA index system or national DNA index system criteria
13 as such criteria are applied to law enforcement agencies seeking such a
14 keyboard search or similar comparison, the court may, upon motion of a
15 defendant against whom an indictment, superior court information,
16 prosecutor's information, information, or simplified information is
17 pending, order an entity that has access to the combined DNA index
18 system or its successor system to compare such DNA profile against DNA
19 databanks by keyboard searches, or a similar method that does not
20 involve uploading, upon notice to both parties and the entity required
21 to perform the search, upon a showing by the defendant that such a
22 comparison is material to the presentation of his or her defense and
23 that the request is reasonable. For purposes of this section, a
24 "keyboard search" shall mean a search of a DNA profile against the
25 databank in which the profile that is searched is not uploaded to or
26 maintained in the databank.
27 § 245.50 Certificates of compliance.
28 1. By the prosecution. When the prosecution has provided the discovery
29 required by subdivision one of section 245.20 of this article, except
30 for any items or information that are the subject of an order pursuant
31 to section 245.70 of this article, it shall serve upon the defendant and
32 file with the court a certificate of compliance. The certificate of
33 compliance shall state that, after exercising due diligence and making
34 reasonable inquiries to ascertain the existence of material and infor-
35 mation subject to discovery, the prosecutor has disclosed and made
36 available all known material and information subject to discovery. It
37 shall also identify the items provided. If additional discovery is
38 subsequently provided prior to trial pursuant to section 245.60 of this
39 article, a supplemental certificate shall be served upon the defendant
40 and filed with the court identifying the additional material and infor-
41 mation provided. No adverse consequence to the prosecution or the prose-
42 cutor shall result from the filing of a certificate of compliance in
43 good faith; but the court may grant a remedy or sanction for a discov-
44 ery violation as provided in section 245.80 of this article.
45 2. By the defendant. When the defendant has provided all discovery
46 required by subdivision four of section 245.20 of this article, except
47 for any items or information that are the subject of an order pursuant
48 to section 245.70 of this article, counsel for the defendant shall serve
49 upon the prosecution and file with the court a certificate of compli-
50 ance. The certificate shall state that, after exercising due diligence
51 and making reasonable inquiries to ascertain the existence of material
52 and information subject to discovery, counsel for the defendant has
53 disclosed and made available all known material and information subject
54 to discovery. It shall also identify the items provided. If additional
55 discovery is subsequently provided prior to trial pursuant to section
56 245.60 of this article, a supplemental certificate shall be served upon
S. 1505--A 121 A. 2005--A
1 the prosecution and filed with the court identifying the additional
2 material and information provided. No adverse consequence to the
3 defendant or counsel for the defendant shall result from the filing of a
4 certificate of compliance in good faith; but the court may grant a reme-
5 dy or sanction for a discovery violation as provided in section 245.80
6 of this article.
7 § 245.55 Flow of information.
8 1. Sufficient communication for compliance. The district attorney and
9 the assistant responsible for the case, or, if the matter is not being
10 prosecuted by the district attorney, the prosecuting agency and its
11 assigned representative, shall endeavor to ensure that a flow of infor-
12 mation is maintained between the police and other investigative person-
13 nel and his or her office sufficient to place within his or her
14 possession or control all material and information pertinent to the
15 defendant and the offense or offenses charged, including, but not limit-
16 ed to, any evidence or information discoverable under paragraph (k) of
17 subdivision one of section 245.20 of this article.
18 2. Provision of law enforcement agency files. Absent a court order or
19 clear security requirement, upon request by the prosecution, a New York
20 state law enforcement agency shall make available to the prosecution a
21 complete copy of its complete files related to the investigation of the
22 case or the prosecution of the defendant for compliance with this arti-
23 cle.
24 3. 911 telephone call and police radio transmission electronic
25 recordings, police worn body camera recordings and other police
26 recordings. (a) Whenever an electronic recording of a 911 telephone
27 call or a police radio transmission or video or audio footage from a
28 police body-worn camera or other police recording was made or received
29 in connection with the investigation of an apparent criminal incident,
30 the arresting officer or lead detective shall expeditiously notify the
31 prosecution in writing upon the filing of an accusatory instrument of
32 the existence of all such known recordings. The prosecution shall expe-
33 ditiously take whatever reasonable steps are necessary to ensure that
34 all known electronic recordings of 911 telephone calls, police radio
35 transmissions and video and audio footage and other police recordings
36 made or available in connection with the case are preserved throughout
37 the pendency of the case. Upon the defendant's timely request and desig-
38 nation of a specific electronic recording of a 911 telephone call, the
39 prosecution shall also expeditiously take whatever reasonable steps are
40 necessary to ensure that it is preserved throughout the pendency of the
41 case.
42 (b) If the prosecution fails to disclose such an electronic recording
43 to the defendant pursuant to paragraph (e), (g) or (k) of subdivision
44 one of section 245.20 of this article due to a failure to comply with
45 this obligation by police officers or other law enforcement or prose-
46 cution personnel, the court upon motion of the defendant shall impose an
47 appropriate remedy or sanction pursuant to section 245.80 of this arti-
48 cle.
49 § 245.60 Continuing duty to disclose.
50 If either the prosecution or the defendant subsequently learns of
51 additional material or information which it would have been under a duty
52 to disclose pursuant to any provisions of this article at the time of a
53 previous discovery obligation or discovery order, it shall expeditiously
54 notify the other party and disclose the additional material or informa-
55 tion as required for initial discovery under this article. This
56 provision also requires expeditious disclosure by the prosecution of
S. 1505--A 122 A. 2005--A
1 material or information that became relevant to the case or discoverable
2 based upon reciprocal discovery received from the defendant pursuant to
3 subdivision four of section 245.20 of this article.
4 § 245.65 Work product.
5 This article does not authorize discovery by a party of those portions
6 of records, reports, correspondence, memoranda, or internal documents of
7 the adverse party which are only the legal research, opinions, theories
8 or conclusions of the adverse party or its attorney or the attorney's
9 agents, or of statements of a defendant, written or recorded or summa-
10 rized in any writing or recording, made to the attorney for the defend-
11 ant or the attorney's agents.
12 § 245.70 Protective orders.
13 1. Any discovery subject to protective order. Upon a showing of good
14 cause by either party, the court may at any time order that discovery or
15 inspection of any kind of material or information under this article be
16 denied, restricted, conditioned or deferred, or make such other order as
17 is appropriate. The court may impose as a condition on discovery to a
18 defendant that the material or information to be discovered be available
19 only to counsel for the defendant; or, alternatively, that counsel for
20 the defendant, and persons employed by the attorney or appointed by the
21 court to assist in the preparation of a defendant's case, may not
22 disclose physical copies of the discoverable documents to a defendant or
23 to anyone else, provided that the prosecution affords the defendant
24 access to inspect redacted copies of the discoverable documents at a
25 supervised location that provides regular and reasonable hours for such
26 access, such as a prosecutor's office, police station, facility of
27 detention, or court. The court may permit a party seeking or opposing a
28 protective order under this section, or another affected person, to
29 submit papers or testify on the record ex parte or in camera. Any such
30 papers and a transcript of such testimony may be sealed and shall
31 constitute a part of the record on appeal. This section does not alter
32 the allocation of the burden of proof with regard to matters at issue,
33 including privilege.
34 2. Modification of time periods for discovery. Upon motion of a party
35 in an individual case, the court may alter the time periods for discov-
36 ery imposed by this article upon a showing of good cause.
37 3. Prompt hearing. Upon request for a protective order, the court
38 shall conduct an appropriate hearing within three business days to
39 determine whether good cause has been shown and when practicable shall
40 render decision expeditiously. Any materials submitted and a transcript
41 of the proceeding may be sealed and shall constitute a part of the
42 record on appeal.
43 4. Showing of good cause. Good cause under this section includes but
44 is not limited to: constitutional rights or limitations; danger to the
45 integrity of physical evidence; an unreasonable risk of physical harm,
46 intimidation, economic reprisal, bribery or unjustified annoyance or
47 embarrassment to any person; an unreasonable risk of an adverse effect
48 upon the legitimate needs of law enforcement, including but not limited
49 to a continuing or related grand jury proceeding and the protection of
50 the confidentiality of informants; danger to any person stemming from
51 factors such as a defendant's gang affiliation, prior history of inter-
52 fering with witnesses, or threats or intimidating actions directed at
53 potential witnesses; or other similar factors that also outweigh the
54 usefulness of the discovery.
55 5. Successor counsel or pro se defendant. In cases in which the attor-
56 ney-client relationship is terminated prior to trial for any reason,
S. 1505--A 123 A. 2005--A
1 any material or information disclosed subject to a condition that it be
2 available only to counsel for the defendant, or limited in dissemination
3 by protective order or otherwise, shall be provided only to successor
4 counsel for the defendant under the same condition or conditions or be
5 returned to the prosecution, unless the court rules otherwise for good
6 cause shown or the prosecutor gives written consent. Any work product
7 derived from such material or information shall not be provided to the
8 defendant, unless the court rules otherwise or the prosecutor gives
9 written consent. If the defendant is acting as his or her own attorney,
10 the court may regulate the time, place and manner of access to any
11 discoverable material or information; and it may as appropriate appoint
12 persons to assist the defendant in the investigation or preparation of
13 the case. Upon motion or application of a defendant acting as his or her
14 own attorney, the court may at any time modify or vacate any condition
15 or restriction relating to access to discoverable material or informa-
16 tion, for good cause shown.
17 6. Expedited review of adverse ruling. (a) A party that has unsuccess-
18 fully sought, or unsuccessfully opposed the granting of, a protective
19 order under this section relating to the name, address, contact informa-
20 tion or statements of a person may obtain expedited review of that
21 ruling by an individual justice of the intermediate appellate court to
22 which an appeal from a judgment of conviction in the case would be
23 taken.
24 (b) Such review shall be sought within two business days of the
25 adverse or partially adverse ruling, by order to show cause filed with
26 the intermediate appellate court. The order to show cause shall in addi-
27 tion be timely served on the lower court and on the opposing party, and
28 shall be accompanied by a sworn affirmation stating in good faith (i)
29 that the ruling affects substantial interests, and (ii) that diligent
30 efforts to reach an accommodation of the underlying discovery dispute
31 with opposing counsel failed or that no accommodation was feasible;
32 except that service on the opposing party, and a statement regarding
33 efforts to reach an accommodation, are unnecessary where the opposing
34 party was not made aware of the application for a protective order and
35 good cause exists for omitting service of the order to show cause on the
36 opposing party. The lower court's order subject to review shall be
37 stayed until the appellate justice renders decision.
38 (c) The assignment of the individual appellate justice, and the mode
39 of and procedure for the review, are determined by rules of the individ-
40 ual appellate courts. The appellate justice may consider any relevant
41 and reliable information bearing on the issue, and may dispense with
42 written briefs other than supporting and opposing materials previously
43 submitted to the lower court. The appellate justice may dispense with
44 the issuance of a written opinion in rendering his or her decision, and
45 when practicable shall render decision expeditiously. Such review and
46 decision shall not affect the right of a defendant, in a subsequent
47 appeal from a judgment of conviction, to claim as error the ruling
48 reviewed.
49 7. Compliance with protective order. Any protective order issued under
50 this article is a mandate of the court for purposes of the offense of
51 criminal contempt in subdivision three of section 215.50 of the penal
52 law.
53 § 245.75 Waiver of discovery by defendant.
54 A defendant who does not seek discovery from the prosecution under
55 this article shall so notify the prosecution and the court at the
56 defendant's arraignment on an indictment, superior court information,
S. 1505--A 124 A. 2005--A
1 prosecutor's information, information, or simplified information, or
2 expeditiously thereafter but before receiving discovery from the prose-
3 cution pursuant to subdivision one of section 245.20 of this article,
4 and the defendant need not provide discovery to the prosecution pursuant
5 to subdivision four of section 245.20 and section 245.60 of this arti-
6 cle. A waiver shall be in writing and signed by the defendant and coun-
7 sel for the defendant. Such a waiver does not alter or in any way
8 affect the procedures, obligations or rights set forth in sections
9 250.10, 250.20 and 250.30 of this title, or otherwise established or
10 required by law. The prosecution may not condition a guilty plea offer
11 on the defendant's execution of a waiver under this section.
12 § 245.80 Remedies or sanctions for non-compliance.
13 1. Need for remedy or sanction. (a) When material or information is
14 discoverable under this article but is disclosed belatedly, the court
15 shall impose an appropriate remedy or sanction if the party entitled to
16 disclosure shows that it was prejudiced. Regardless of a showing of
17 prejudice the party entitled to disclosure shall be given reasonable
18 time to prepare and respond to the new material.
19 (b) When material or information is discoverable under this article
20 but cannot be disclosed because it has been lost or destroyed, the court
21 shall impose an appropriate remedy or sanction if the party entitled to
22 disclosure shows that the lost or destroyed material may have contained
23 some information relevant to a contested issue. The appropriate remedy
24 or sanction is that which is proportionate to the potential ways in
25 which the lost or destroyed material reasonably could have been helpful
26 to the party entitled to disclosure.
27 2. Available remedies or sanctions. For failure to comply with any
28 discovery order imposed or issued pursuant to this article, the court
29 may make a further order for discovery, grant a continuance, order that
30 a hearing be reopened, order that a witness be called or recalled,
31 instruct the jury that it may draw an adverse inference regarding the
32 non-compliance, preclude or strike a witness's testimony or a portion of
33 a witness's testimony, admit or exclude evidence, order a mistrial,
34 order the dismissal of all or some of the charges, or make such other
35 order as it deems just under the circumstances; except that any sanction
36 against the defendant shall comport with the defendant's constitutional
37 right to present a defense, and precluding a defense witness from
38 testifying shall be permissible only upon a finding that the defendant's
39 failure to comply with the discovery obligation or order was willful
40 and motivated by a desire to obtain a tactical advantage.
41 3. Consequences of non-disclosure of statement of testifying prose-
42 cution witness. The failure of the prosecutor or any agent of the prose-
43 cutor to disclose any written or recorded statement made by a prose-
44 cution witness which relates to the subject matter of the witness's
45 testimony shall not constitute grounds for any court to order a new
46 pre-trial hearing or set aside a conviction, or reverse, modify or
47 vacate a judgment of conviction, in the absence of a showing by the
48 defendant that there is a reasonable possibility that the non-disclosure
49 materially contributed to the result of the trial or other proceeding;
50 provided, however, that nothing in this section shall affect or limit
51 any right the defendant may have to a reopened pre-trial hearing when
52 such statements were disclosed before the close of evidence at trial.
53 § 245.85 Admissibility of discovery.
54 The fact that a party has indicated during the discovery process an
55 intention to offer specified evidence or to call a specified witness is
S. 1505--A 125 A. 2005--A
1 not admissible in evidence or grounds for adverse comment at a hearing
2 or a trial.
3 § 3. Subdivision 3 of section 610.20 of the criminal procedure law is
4 amended and a new subdivision 4 is added to read as follows:
5 3. An attorney for a defendant in a criminal action or proceeding, as
6 an officer of a criminal court, may issue a subpoena of such court,
7 subscribed by himself, for the attendance in such court of any witness
8 whom the defendant is entitled to call in such action or proceeding. An
9 attorney for a defendant may not issue a subpoena duces tecum of the
10 court directed to any department, bureau or agency of the state or of a
11 political subdivision thereof, or to any officer or representative ther-
12 eof, unless the subpoena is endorsed by the court and provides at least
13 three days for the production of the requested materials. In the case of
14 an emergency, the court may by order dispense with the three-day
15 production period. Such a subpoena duces tecum may be issued in behalf
16 of a defendant upon order of a court pursuant to the rules applicable to
17 civil cases as provided in section twenty-three hundred seven of the
18 civil practice law and rules.
19 4. The showing required to sustain any subpoena under this section is
20 that the testimony or evidence sought is reasonably likely to be rele-
21 vant and material to the proceedings, and the subpoena is not overbroad
22 or unreasonably burdensome.
23 § 4. Section 65.20 of the criminal procedure law, as added by chapter
24 505 of the laws of 1985, subdivision 2 as added, the opening paragraph
25 of subdivision 10 as amended and subdivisions 3, 4, 5, 6, 7, 8, 9, 10,
26 11, 12 and 13 as renumbered by chapter 548 of the laws of 2007, subdivi-
27 sion 7 and paragraph (k) of subdivision 10 as amended by chapter 320 of
28 the laws of 2006 and subdivisions 11 and 12 as amended by chapter 455 of
29 the laws of 1991, is amended to read as follows:
30 § 65.20 Closed-circuit television; procedure for application and grounds
31 for determination.
32 1. Prior to the commencement of a criminal proceeding; other than a
33 grand jury proceeding, either party may apply to the court for an order
34 declaring that a child witness is vulnerable.
35 2. A child witness should be declared vulnerable when the court, in
36 accordance with the provisions of this section, determines by clear and
37 convincing evidence that the child witness would suffer serious mental
38 or emotional harm that would substantially impair the child witness'
39 ability to communicate with the finder of fact without the use of live,
40 two-way closed-circuit television.
41 3. A motion pursuant to subdivision one of this section must be made
42 in writing at least eight days before the commencement of trial or other
43 criminal proceeding upon reasonable notice to the other party and with
44 an opportunity to be heard.
45 4. The motion papers must state the basis for the motion and must
46 contain sworn allegations of fact which, if true, would support a deter-
47 mination by the court that the child witness is vulnerable. Such allega-
48 tions may be based upon the personal knowledge of the deponent or upon
49 information and belief, provided that, in the latter event, the sources
50 of such information and the grounds for such belief are stated.
51 5. The answering papers may admit or deny any of the alleged facts and
52 may, in addition, contain sworn allegations of fact relevant to the
53 motion, including the rights of the defendant, the need to protect the
54 child witness and the integrity of the truth-finding function of the
55 trier of fact.
S. 1505--A 126 A. 2005--A
1 6. Unless all material facts alleged in support of the motion made
2 pursuant to subdivision one of this section are conceded, the court
3 shall, in addition to examining the papers and hearing oral argument,
4 conduct an appropriate hearing for the purpose of making findings of
5 fact essential to the determination of the motion. Except as provided in
6 subdivision [six] seven of this section, it may subpoena or call and
7 examine witnesses, who must either testify under oath or be permitted to
8 give unsworn testimony pursuant to subdivision two of section 60.20 and
9 must authorize the attorneys for the parties to do the same.
10 7. Notwithstanding any other provision of law, the child witness who
11 is alleged to be vulnerable may not be compelled to testify at such
12 hearing or to submit to any psychological or psychiatric examination.
13 The failure of the child witness to testify at such hearing shall not be
14 a ground for denying a motion made pursuant to subdivision one of this
15 section. Prior statements made by the child witness relating to any
16 allegations of conduct constituting an offense defined in article one
17 hundred thirty of the penal law or incest as defined in section 255.25,
18 255.26 or 255.27 of such law or to any allegation of words or conduct
19 constituting an attempt to prevent, impede or deter the child witness
20 from cooperating in the investigation or prosecution of the offense
21 shall be admissible at such hearing, provided, however, that a declara-
22 tion that a child witness is vulnerable may not be based solely upon
23 such prior statements.
24 8. (a) Notwithstanding any of the provisions of article forty-five of
25 the civil practice law and rules, any physician, psychologist, nurse or
26 social worker who has treated a child witness may testify at a hearing
27 conducted pursuant to subdivision [five] six of this section concerning
28 the treatment of such child witness as such treatment relates to the
29 issue presented at the hearing, provided that any otherwise applicable
30 statutory privileges concerning communications between the child witness
31 and such physician, psychologist, nurse or social worker in connection
32 with such treatment shall not be deemed waived by such testimony alone,
33 except to the limited extent of permitting the court alone to examine in
34 camera reports, records or documents, if any, prepared by such physi-
35 cian, psychologist, nurse or social worker. If upon such examination the
36 court determines that such reports, records or documents, or any one or
37 portion thereof, contain information material and relevant to the issue
38 of whether the child witness is a vulnerable child witness, the court
39 shall disclose such information to both the attorney for the defendant
40 and the district attorney.
41 (b) At any time after a motion has been made pursuant to subdivision
42 one of this section, upon the demand of the other party the moving party
43 must furnish the demanding party with a copy of any and all of such
44 records, reports or other documents in the possession of such other
45 party and must, in addition, supply the court with a copy of all such
46 reports, records or other documents which are the subject of the demand.
47 At any time after a demand has been made pursuant to this paragraph, the
48 moving party may demand that property of the same kind or character in
49 possession of the party that originally made such demand be furnished to
50 the moving party and, if so furnished, be supplied, in addition, to the
51 court.
52 9. (a) Prior to the commencement of the hearing conducted pursuant to
53 subdivision [five] six of this section, the district attorney shall,
54 subject to a protective order, comply with the provisions of paragraph
55 (c) of subdivision one of section [240.45] 245.20 of this chapter as
S. 1505--A 127 A. 2005--A
1 they concern any witness whom the district attorney intends to call at
2 the hearing and the child witness.
3 (b) Before a defendant calls a witness at such hearing, he or she
4 must, subject to a protective order, comply with the provisions of
5 subdivision [two] four of section [240.45] 245.20 of this chapter as
6 they concern all the witnesses the defendant intends to call at such
7 hearing.
8 10. The court may consider, in determining whether there are factors
9 which would cause the child witness to suffer serious mental or
10 emotional harm, a finding that any one or more of the following circum-
11 stances have been established by clear and convincing evidence:
12 (a) The manner of the commission of the offense of which the defendant
13 is accused was particularly heinous or was characterized by aggravating
14 circumstances.
15 (b) The child witness is particularly young or otherwise particularly
16 subject to psychological harm on account of a physical or mental condi-
17 tion which existed before the alleged commission of the offense.
18 (c) At the time of the alleged offense, the defendant occupied a posi-
19 tion of authority with respect to the child witness.
20 (d) The offense or offenses charged were part of an ongoing course of
21 conduct committed by the defendant against the child witness over an
22 extended period of time.
23 (e) A deadly weapon or dangerous instrument was allegedly used during
24 the commission of the crime.
25 (f) The defendant has inflicted serious physical injury upon the child
26 witness.
27 (g) A threat, express or implied, of physical violence to the child
28 witness or a third person if the child witness were to report the inci-
29 dent to any person or communicate information to or cooperate with a
30 court, grand jury, prosecutor, police officer or peace officer concern-
31 ing the incident has been made by or on behalf of the defendant.
32 (h) A threat, express or implied, of the incarceration of a parent or
33 guardian of the child witness, the removal of the child witness from the
34 family or the dissolution of the family of the child witness if the
35 child witness were to report the incident to any person or communicate
36 information to or cooperate with a court, grand jury, prosecutor, police
37 officer or peace officer concerning the incident has been made by or on
38 behalf of the defendant.
39 (i) A witness other than the child witness has received a threat of
40 physical violence directed at such witness or to a third person by or on
41 behalf of the defendant.
42 (j) The defendant, at the time of the inquiry, (i) is living in the
43 same household with the child witness, (ii) has ready access to the
44 child witness or (iii) is providing substantial financial support for
45 the child witness.
46 (k) The child witness has previously been the victim of an offense
47 defined in article one hundred thirty of the penal law or incest as
48 defined in section 255.25, 255.26 or 255.27 of such law.
49 (l) According to expert testimony, the child witness would be partic-
50 ularly [suceptible] susceptible to psychological harm if required to
51 testify in open court or in the physical presence of the defendant.
52 11. Irrespective of whether a motion was made pursuant to subdivision
53 one of this section, the court, at the request of either party or on its
54 own motion, may decide that a child witness may be vulnerable based on
55 its own observations that a child witness who has been called to testify
56 at a criminal proceeding is suffering severe mental or emotional harm
S. 1505--A 128 A. 2005--A
1 and therefore is physically or mentally unable to testify or to continue
2 to testify in open court or in the physical presence of the defendant
3 and that the use of live, two-way closed-circuit television is necessary
4 to enable the child witness to testify. If the court so decides, it must
5 conduct the same hearing that subdivision [five] six of this section
6 requires when a motion is made pursuant to subdivision one of this
7 section, and it must make findings of fact pursuant to subdivisions
8 [nine] ten and [eleven] twelve of this section, before determining that
9 the child witness is vulnerable.
10 12. In deciding whether a child witness is vulnerable, the court shall
11 make findings of fact which reflect the causal relationship between the
12 existence of any one or more of the factors set forth in subdivision
13 [nine] ten of this section or other relevant factors which the court
14 finds are established and the determination that the child witness is
15 vulnerable. If the court is satisfied that the child witness is vulner-
16 able and that, under the facts and circumstances of the particular case,
17 the defendant's constitutional rights to an impartial jury or of
18 confrontation will not be impaired, it may enter an order granting the
19 application for the use of live, two-way closed-circuit television.
20 13. When the court has determined that a child witness is a vulnerable
21 child witness, it shall make a specific finding as to whether placing
22 the defendant and the child witness in the same room during the testimo-
23 ny of the child witness will contribute to the likelihood that the child
24 witness will suffer severe mental or emotional harm. If the court finds
25 that placing the defendant and the child witness in the same room during
26 the testimony of the child witness will contribute to the likelihood
27 that the child witness will suffer severe mental or emotional harm, the
28 order entered pursuant to subdivision [eleven] twelve of this section
29 shall direct that the defendant remain in the courtroom during the
30 testimony of the vulnerable child witness.
31 § 5. Subdivision 5 of section 200.95 of the criminal procedure law, as
32 added by chapter 558 of the laws of 1982, is amended to read as follows:
33 5. Court ordered bill of particulars. Where a prosecutor has timely
34 served a written refusal pursuant to subdivision four of this section
35 and upon motion, made in writing, of a defendant, who has made a request
36 for a bill of particulars and whose request has not been complied with
37 in whole or in part, the court must, to the extent a protective order is
38 not warranted, order the prosecutor to comply with the request if it is
39 satisfied that the items of factual information requested are authorized
40 to be included in a bill of particulars, and that such information is
41 necessary to enable the defendant adequately to prepare or conduct his
42 defense and, if the request was untimely, a finding of good cause for
43 the delay. Where a prosecutor has not timely served a written refusal
44 pursuant to subdivision four of this section the court must, unless it
45 is satisfied that the people have shown good cause why such an order
46 should not be issued, issue an order requiring the prosecutor to comply
47 or providing for any other order authorized by [subdivision one of
48 section 240.70] section 245.80 of this part.
49 § 6. Paragraph (c) of subdivision 1 of section 255.10 of the criminal
50 procedure law, as added by chapter 763 of the laws of 1974, is amended
51 to read as follows:
52 (c) granting discovery pursuant to article [240] 245; or
53 § 7. Subdivision 1 of section 255.20 of the criminal procedure law, as
54 amended by chapter 369 of the laws of 1982, is amended to read as
55 follows:
S. 1505--A 129 A. 2005--A
1 1. Except as otherwise expressly provided by law, whether the defend-
2 ant is represented by counsel or elects to proceed pro se, all pre-trial
3 motions shall be served or filed within forty-five days after arraign-
4 ment and before commencement of trial, or within such additional time as
5 the court may fix upon application of the defendant made prior to entry
6 of judgment. In an action in which either (a) material or information
7 has been disclosed pursuant to paragraph (m) or (n) of subdivision one
8 of section 245.20, (b) an eavesdropping warrant and application have
9 been furnished pursuant to section 700.70, or (c) a notice of intention
10 to introduce evidence has been served pursuant to section 710.30, such
11 period shall be extended until forty-five days after the last date of
12 such service. If the defendant is not represented by counsel and has
13 requested an adjournment to obtain counsel or to have counsel assigned,
14 such forty-five day period shall commence on the date counsel initially
15 appears on defendant's behalf.
16 § 8. Section 340.30 of the criminal procedure law is amended to read
17 as follows:
18 § 340.30 Pre-trial discovery and notices of defenses.
19 The provisions of article two hundred [forty] forty-five, concerning
20 pre-trial discovery by a defendant under indictment in a superior court,
21 and article two hundred fifty, concerning pre-trial notice to the people
22 by a defendant under indictment in a superior court who intends to
23 advance a trial defense of mental disease or defect or of alibi, apply
24 to a prosecution of an information in a local criminal court.
25 § 9. Subdivision 14 of section 400.27 of the criminal procedure law,
26 as added by chapter 1 of the laws of 1995, is amended to read as
27 follows:
28 14. (a) At a reasonable time prior to the sentencing proceeding or a
29 mental retardation hearing:
30 [(i)] the prosecutor shall, unless previously disclosed and subject to
31 a protective order, make available to the defendant the statements and
32 information specified in subdivision one of section [240.45] 245.20 of
33 this part and make available for inspection, photographing, copying or
34 testing the property specified in subdivision one of section [240.20;
35 and
36 (ii) the defendant shall, unless previously disclosed and subject to a
37 protective order, make available to the prosecution the statements and
38 information specified in subdivision two of section 240.45 and make
39 available for inspection, photographing, copying or testing, subject to
40 constitutional limitations, the reports, documents and other property
41 specified in subdivision one of section 240.30] 245.20 of this part.
42 (b) Where a party refuses to make disclosure pursuant to this section,
43 the provisions of section [240.35, subdivision one of section 240.40 and
44 section 240.50] 245.70, 245.75 and/or 245.80 of this part shall apply.
45 (c) If, after complying with the provisions of this section or an
46 order pursuant thereto, a party finds either before or during a sentenc-
47 ing proceeding or mental retardation hearing, additional material
48 subject to discovery or covered by court order, the party shall promptly
49 make disclosure or apply for a protective order.
50 (d) If the court finds that a party has failed to comply with any of
51 the provisions of this section, the court may [enter] employ any of the
52 [orders] remedies or sanctions specified in subdivision one of section
53 [240.70] 245.80 of this part.
54 § 10. The opening paragraph of paragraph (b) of subdivision 1 of
55 section 440.30 of the criminal procedure law, as added by chapter 19 of
56 the laws of 2012, is amended to read as follows:
S. 1505--A 130 A. 2005--A
1 In conjunction with the filing or consideration of a motion to vacate
2 a judgment pursuant to section 440.10 of this article by a defendant
3 convicted after a trial, in cases where the court has ordered an eviden-
4 tiary hearing upon such motion, the court may order that the people
5 produce or make available for inspection property[, as defined in subdi-
6 vision three of section 240.10 of this part,] in its possession, custo-
7 dy, or control that was secured in connection with the investigation or
8 prosecution of the defendant upon credible allegations by the defendant
9 and a finding by the court that such property, if obtained, would be
10 probative to the determination of defendant's actual innocence, and that
11 the request is reasonable. The court shall deny or limit such a request
12 upon a finding that such a request, if granted, would threaten the
13 integrity or chain of custody of property or the integrity of the proc-
14 esses or functions of a laboratory conducting DNA testing, pose a risk
15 of harm, intimidation, embarrassment, reprisal, or other substantially
16 negative consequences to any person, undermine the proper functions of
17 law enforcement including the confidentiality of informants, or on the
18 basis of any other factor identified by the court in the interests of
19 justice or public safety. The court shall further ensure that any prop-
20 erty produced pursuant to this paragraph is subject to a protective
21 order, where appropriate. The court shall deny any request made pursuant
22 to this paragraph where:
23 § 11. Subdivision 10 of section 450.10 of the penal law, as added by
24 chapter 795 of the laws of 1984, is amended to read as follows:
25 10. Where there has been a failure to comply with the provisions of
26 this section, and where the district attorney does not demonstrate to
27 the satisfaction of the court that such failure has not caused the
28 defendant prejudice, the court shall instruct the jury that it may
29 consider such failure in determining the weight to be given such
30 evidence and may also impose any other sanction set forth in subdivision
31 one of section [240.70] 245.80 of the criminal procedure law; provided,
32 however, that unless the defendant has convinced the court that such
33 failure has caused him undue prejudice, the court shall not preclude the
34 district attorney from introducing into evidence the property, photo-
35 graphs, photocopies, or other reproductions of the property or, where
36 appropriate, testimony concerning its value and condition, where such
37 evidence is otherwise properly authenticated and admissible under the
38 rules of evidence. Failure to comply with any one or more of the
39 provisions of this section shall not for that reason alone be grounds
40 for dismissal of the accusatory instrument.
41 § 12. Section 460.80 of the penal law, as added by chapter 516 of the
42 laws of 1986, is amended to read as follows:
43 § 460.80 Court ordered disclosure.
44 Notwithstanding the provisions of article two hundred [forty] forty-
45 five of the criminal procedure law, when forfeiture is sought pursuant
46 to section 460.30 of this [chapter] article, the court may order discov-
47 ery of any property not otherwise disclosed which is material and
48 reasonably necessary for preparation by the defendant with respect to
49 the forfeiture proceeding pursuant to such section. The court may issue
50 a protective order denying, limiting, conditioning, delaying or regulat-
51 ing such discovery where a danger to the integrity of physical evidence
52 or a substantial risk of physical harm, intimidation, economic reprisal,
53 bribery or unjustified annoyance or embarrassment to any person or an
54 adverse effect upon the legitimate needs of law enforcement, including
55 the protection of the confidentiality of informants, or any other factor
56 or set of factors outweighs the usefulness of the discovery.
S. 1505--A 131 A. 2005--A
1 § 13. Subdivision 5 of section 480.10 of the penal law, as added by
2 chapter 655 of the laws of 1990, is amended to read as follows:
3 5. In addition to information required to be disclosed pursuant to
4 article two hundred [forty] forty-five of the criminal procedure law,
5 when forfeiture is sought pursuant to this article, and following the
6 defendant's arraignment on the special forfeiture information, the court
7 shall order discovery of any information not otherwise disclosed which
8 is material and reasonably necessary for preparation by the defendant
9 with respect to a forfeiture proceeding brought pursuant to this arti-
10 cle. Such material shall include those portions of the grand jury
11 minutes and such other information which pertain solely to the special
12 forfeiture information and shall not include information which pertains
13 to the criminal charges. Upon application of the prosecutor, the court
14 may issue a protective order pursuant to section [240.40] 245.70 of the
15 criminal procedure law with respect to any information required to be
16 disclosed pursuant to this subdivision.
17 § 14. The penal law is amended by adding a new section 215.07 to read
18 as follows:
19 § 215.07 Tampering with or intimidating a victim or witness through
20 social media.
21 A person is guilty of tampering with or intimidating a victim or
22 witness through social media when he or she disseminates information on
23 social media with the intent to induce a witness or victim:
24 1. to absent himself or herself from, or otherwise to avoid or seek to
25 avoid appearing at, producing records, documents or other objects for
26 use at, or testifying at a criminal action or proceeding; or
27 2. to refrain from communicating information or producing records,
28 documents or other objects to any court, grand jury, prosecutor, police
29 officer or peace officer concerning a criminal transaction.
30 Social media includes, but is not limited to forms of communication
31 through which users participate in online communities to share informa-
32 tion, ideas, personal messages, and other content.
33 Tampering with or intimidating a victim or witness through social
34 media is a class A misdemeanor.
35 § 15. Section 215.10 of the penal law, the section heading and the
36 closing paragraph as amended by chapter 664 of the laws of 1982, is
37 amended to read as follows:
38 § 215.10 Tampering with a witness in the [fourth] fifth degree.
39 A person is guilty of tampering with a witness in the fifth degree
40 when, knowing that a person [is or is about to] may be called as a
41 witness in an action or proceeding, (a) he or she wrongfully induces or
42 attempts to induce such person to absent himself or herself from, or
43 otherwise to avoid or seek to avoid appearing at, producing records,
44 documents or other objects for use at or testifying at, such action or
45 proceeding, or (b) he or she knowingly makes any false statement or
46 practices any fraud or deceit with intent to affect the testimony of
47 such person.
48 Tampering with a witness in the [fourth] fifth degree is a class A
49 misdemeanor.
50 § 16. Section 215.11 of the penal law, as added by chapter 664 of the
51 laws of 1982, is amended to read as follows:
52 § 215.11 Tampering with a witness in the [third] fourth degree.
53 A person is guilty of tampering with a witness in the [third] fourth
54 degree when, knowing that a person [is about to] may be called as a
55 witness in a criminal proceeding:
S. 1505--A 132 A. 2005--A
1 1. He or she wrongfully compels or attempts to compel such person to
2 absent himself or herself from, or otherwise to avoid or seek to avoid
3 appearing at, producing records, documents or other objects for use at
4 or testifying at such proceeding by means of instilling in him or her a
5 fear that the actor will cause physical injury to such person or another
6 person; or
7 2. He or she wrongfully compels or attempts to compel such person to
8 swear falsely or alter, destroy, mutilate or conceal an object with the
9 intent to impair the integrity or availability of the object for use in
10 the action or proceeding by means of instilling in him or her a fear
11 that the actor will cause physical injury to such person or another
12 person.
13 Tampering with a witness in the [third] fourth degree is a class E
14 felony.
15 § 17. Section 215.12 of the penal law, as added by chapter 664 of the
16 laws of 1982, is amended to read as follows:
17 § 215.12 Tampering with a witness in the [second] third degree.
18 A person is guilty of tampering with a witness in the [second] third
19 degree when he or she:
20 1. Intentionally causes or attempts to cause physical injury to a
21 person for the purpose of obstructing, delaying, preventing or impeding
22 the giving of testimony in a criminal proceeding by such person or
23 another person or for the purpose of compelling such person or another
24 person to swear falsely or alter, destroy, mutilate or conceal an object
25 with the intent to impair the integrity or availability of the object
26 for use in the action or proceeding; or
27 2. [He intentionally] Intentionally causes or attempts to cause phys-
28 ical injury to a person on account of such person or another person
29 having testified in a criminal proceeding or produced records, documents
30 or other objects for use in a criminal proceeding.
31 Tampering with a witness in the [second] third degree is a class D
32 felony.
33 § 18. Section 215.13 of the penal law, as added by chapter 664 of the
34 laws of 1982, is amended to read as follows:
35 § 215.13 Tampering with a witness in the [first] second degree.
36 A person is guilty of tampering with a witness in the [first] second
37 degree when:
38 1. He or she intentionally causes or attempts for cause serious phys-
39 ical injury to a person for the purpose of obstructing, delaying,
40 preventing or impeding the giving of testimony in a criminal proceeding
41 by such person or another person or for the purpose of compelling such
42 person or another person to swear falsely or alter, destroy, mutilate or
43 conceal an object with the intent to impair the integrity or availabili-
44 ty of the object for use in the action or proceeding; or
45 2. He or she intentionally causes or attempts to cause serious phys-
46 ical injury to a person on account of such person or another person
47 having testified in a criminal proceeding or produced records, documents
48 or other objects for use in a criminal proceeding.
49 Tampering with a witness in the [first] second degree is a class B
50 felony.
51 § 19. The penal law is amended by adding a new section 215.13-a to
52 read as follows:
53 § 215.13-a Tampering with a witness in the first degree.
54 A person is guilty of tampering with a witness in the first degree
55 when:
S. 1505--A 133 A. 2005--A
1 1. He or she intentionally causes or attempts to cause the death of a
2 person for the purpose of obstructing, delaying, preventing or impeding
3 the giving of testimony in a criminal proceeding by such person or
4 another person or for the purpose of compelling such person or another
5 person to swear falsely or alter, destroy, mutilate or conceal an object
6 with the intent to impair the integrity or availability of the object
7 for use in the action or proceeding; or
8 2. He or she intentionally causes or attempts to cause the death of a
9 person on account of such person or another person having testified in a
10 criminal proceeding or produced records, documents or other objects for
11 use in a criminal proceeding.
12 Tampering with a witness in the first degree is a class A-I felony.
13 § 20. Section 215.15 of the penal law, as added by chapter 667 of the
14 laws of 1985, is amended to read as follows:
15 § 215.15 Intimidating a victim or witness in the [third] fourth degree.
16 A person is guilty of intimidating a victim or witness in the [third]
17 fourth degree when, knowing that another person possesses information,
18 records, documents or other objects relating to a criminal transaction
19 and other than in the course of that criminal transaction or immediate
20 flight therefrom, he or she:
21 1. Wrongfully compels or attempts to compel such other person to
22 refrain from communicating such information or producing records, docu-
23 ments or other objects to any court, grand jury, prosecutor, police
24 officer or peace officer by means of instilling in him a fear that the
25 actor will cause physical injury to such other person or another person;
26 or
27 2. Intentionally damages the property of such other person or another
28 person for the purpose of compelling such other person or another person
29 to refrain from communicating information or producing records, docu-
30 ments or other objects, or on account of such other person or another
31 person having communicated[,] information or produced records, documents
32 or other objects, relating to that criminal transaction to any court,
33 grand jury, prosecutor, police officer or peace officer; or
34 3. Intentionally distributes, posts, or publishes through the internet
35 or social media, including any form of communication through which users
36 participate in online communities to share information, ideas, personal
37 messages and other content, copies of a victim or witness statement,
38 including but not limited to transcripts of grand jury testimony or a
39 written statement given by the victim or witness during the course of a
40 criminal investigation or proceeding, or a visual image of a victim or
41 witness or any other person, for the purpose of compelling a person to
42 refrain from communicating, or on account of such victim, witness or
43 another person having communicated, information relating to that crimi-
44 nal transaction to any court, grand jury, prosecutor, police officer or
45 peace officer.
46 Intimidating a victim or witness in the [third] fourth degree is a
47 class E felony.
48 § 21. Section 215.16 of the penal law, as added by chapter 667 of the
49 laws of 1985, is amended to read as follows:
50 § 215.16 Intimidating a victim or witness in the [second] third degree.
51 A person is guilty of intimidating a victim or witness in the [second]
52 third degree when, other than in the course of that criminal transaction
53 or immediate flight therefrom, he or she:
54 1. Intentionally causes or attempts to cause physical injury to anoth-
55 er person for the purpose of obstructing, delaying, preventing or imped-
56 ing the communication by such other person or another person of informa-
S. 1505--A 134 A. 2005--A
1 tion or the production of records, documents or other objects relating
2 to a criminal transaction to any court, grand jury, prosecutor, police
3 officer or peace officer or for the purpose of compelling such other
4 person or another person to swear falsely; or
5 2. Intentionally causes or attempts to cause physical injury to anoth-
6 er person on account of such other person or another person having
7 communicated information or produced records, documents or other objects
8 relating to a criminal transaction to any court, grand jury, prosecutor,
9 police officer or peace officer; or
10 3. Recklessly causes physical injury to another person by inten-
11 tionally damaging the property of such other person or another person,
12 for the purpose of obstructing, delaying, preventing or impeding such
13 other person or another person from communicating or producing records,
14 documents or other objects, or on account of such other person or anoth-
15 er person having communicated[,] information or produced records, docu-
16 ments or other objects, relating to a criminal transaction to any court,
17 grand jury, prosecutor, police officer or peace officer.
18 Intimidating a victim or witness in the [second] third degree is a
19 class D felony.
20 § 22. Section 215.17 of the penal law, as added by chapter 667 of the
21 laws of 1985, is amended to read as follows:
22 § 215.17 Intimidating a victim or witness in the [first] second degree.
23 A person is guilty of intimidating a victim or witness in the [first]
24 second degree when, other than in the course of that criminal trans-
25 action or immediate flight therefrom, he or she:
26 1. Intentionally causes or attempts to cause serious physical injury
27 to another person for the purpose of obstructing, delaying, preventing
28 or impeding the communication by such other person or another person of
29 information or the production of records, documents or other objects
30 relating to a criminal transaction to any court, grand jury, prosecutor,
31 police officer or peace officer or for the purpose of compelling such
32 other person or another person to swear falsely; or
33 2. Intentionally causes or attempts to cause serious physical injury
34 to another person on account of such other person or another person
35 having communicated information or produced records, documents or other
36 objects, relating to a criminal transaction to any court, grand jury,
37 prosecutor, police officer or peace officer.
38 Intimidating a victim or witness in the [first] second degree is a
39 class B felony.
40 § 23. The penal law is amended by adding a new section 215.18 to read
41 as follows:
42 § 215.18 Intimidating a victim or witness in the first degree.
43 A person is guilty of intimidating a victim or witness in the first
44 degree when, other than in the course of that criminal transaction or
45 immediate flight therefrom, he or she:
46 1. Intentionally causes or attempts to cause death to another person
47 for the purpose of obstructing, delaying, preventing or impeding the
48 communication by such other person or another person of information or
49 the production of records, documents or other objects relating to a
50 criminal transaction to any court, grand jury, prosecutor, police offi-
51 cer or peace officer or for the purpose of compelling such other person
52 or another person to swear falsely; or
53 2. Intentionally causes or attempts to cause death to another person
54 on account of such other person or another person having communicated
55 information or produced records, documents or other objects, relating to
S. 1505--A 135 A. 2005--A
1 a criminal transaction to any court, grand jury, prosecutor, police
2 officer or peace officer.
3 Intimidating a victim or witness in the first degree is a class A-I
4 felony.
5 § 24. The penal law is amended by adding a new section 215.21 to read
6 as follows:
7 § 215.21 Affirmative defense.
8 In a prosecution for an offense under this article, it is an affirma-
9 tive defense, as to which the defendant has the burden of proof by a
10 preponderance of the evidence, that the conduct consisted solely of
11 lawful conduct and that the defendant's sole intention was to encourage,
12 induce, or cause the other person to testify truthfully.
13 § 25. This act shall take effect on the one hundred eightieth day
14 after it shall have become a law; provided, however, the amendments to
15 section 65.20 of the criminal procedure law made by section four of this
16 act shall not affect the repeal of such section and shall be deemed
17 repealed therewith.
18 SUBPART C
19 Section 1. Section 30.30 of the criminal procedure law, as added by
20 chapter 184 of the laws of 1972, paragraph (a) of subdivision 3 as
21 amended by chapter 93 of the laws of 2006, paragraph (a) of subdivision
22 4 as amended by chapter 558 of the laws of 1982, paragraph (c) of subdi-
23 vision 4 as amended by chapter 631 of the laws of 1996, paragraph (h) of
24 subdivision 4 as added by chapter 837 of the laws of 1986, paragraph (i)
25 of subdivision 4 as added by chapter 446 of the laws of 1993, paragraph
26 (j) of subdivision 4 as added by chapter 222 of the laws of 1994, para-
27 graph (b) of subdivision 5 as amended by chapter 109 of the laws of
28 1982, paragraphs (e) and (f) of subdivision 5 as added by chapter 209 of
29 the laws of 1990, is amended to read as follows:
30 § 30.30 Speedy trial; time limitations.
31 1. Except as otherwise provided in subdivision three, a motion made
32 pursuant to paragraph (e) of subdivision one of section 170.30 or para-
33 graph (g) of subdivision one of section 210.20 must be granted where the
34 people are not ready for trial within:
35 (a) six months of the commencement of a criminal action wherein a
36 defendant is accused of one or more offenses, at least one of which is a
37 felony;
38 (b) ninety days of the commencement of a criminal action wherein a
39 defendant is accused of one or more offenses, at least one of which is a
40 misdemeanor punishable by a sentence of imprisonment of more than three
41 months and none of which is a felony;
42 (c) sixty days of the commencement of a criminal action wherein the
43 defendant is accused of one or more offenses, at least one of which is a
44 misdemeanor punishable by a sentence of imprisonment of not more than
45 three months and none of which is a crime punishable by a sentence of
46 imprisonment of more than three months;
47 (d) thirty days of the commencement of a criminal action wherein the
48 defendant is accused of one or more offenses, at least one of which is a
49 violation and none of which is a crime.
50 2. [Except as provided in subdivision three, where a defendant has
51 been committed to the custody of the sheriff in a criminal action he
52 must be released on bail or on his own recognizance, upon such condi-
53 tions as may be just and reasonable, if the people are not ready for
54 trial in that criminal action within:
S. 1505--A 136 A. 2005--A
1 (a) ninety days from the commencement of his commitment to the custody
2 of the sheriff in a criminal action wherein the defendant is accused of
3 one or more offenses, at least one of which is a felony;
4 (b) thirty days from the commencement of his commitment to the custody
5 of the sheriff in a criminal action wherein the defendant is accused of
6 one or more offenses, at least one of which is a misdemeanor punishable
7 by a sentence of imprisonment of more than three months and none of
8 which is a felony;
9 (c) fifteen days from the commencement of his commitment to the custo-
10 dy of the sheriff in a criminal action wherein the defendant is accused
11 of one or more offenses, at least one of which is a misdemeanor punisha-
12 ble by a sentence of imprisonment of not more than three months and none
13 of which is a crime punishable by a sentence of imprisonment of more
14 than three months;
15 (d) five days from the commencement of his commitment to the custody
16 of the sheriff in a criminal action wherein the defendant is accused of
17 one or more offenses, at least one of which is a violation and none of
18 which is a crime.]
19 Whenever pursuant to this section a prosecutor states or otherwise
20 provides notice that the people are ready for trial, the court may make
21 inquiry on the record as to their actual readiness. If, after conducting
22 its inquiry, the court determines that the people are not ready to
23 proceed to trial, the prosecutor's statement or notice of readiness
24 shall not be valid for purposes of this section. Any statement of trial
25 readiness must be accompanied or preceded by a certification of good
26 faith compliance with the disclosure requirements of article two hundred
27 forty-five of this chapter. This subdivision shall not apply to cases
28 where the defense has waived disclosure requirements. The defense shall
29 be afforded an opportunity to be heard on the record concerning any such
30 inquiry by the court, and concerning whether such disclosure require-
31 ments have been met.
32 2-a. Upon a misdemeanor complaint, a statement of readiness shall not
33 be valid unless the prosecuting attorney certifies that all counts
34 charged in the accusatory instrument meet the requirements of sections
35 100.15 and 100.40 and those counts not meeting the requirements of
36 sections 100.15 and 100.40 have been dismissed.
37 3. (a) Subdivisions one and two do not apply to a criminal action
38 wherein the defendant is accused of an offense defined in sections
39 125.10, 125.15, 125.20, 125.25, 125.26 and 125.27 of the penal law.
40 (b) A motion made pursuant to subdivisions one or two upon expiration
41 of the specified period may be denied where the people are not ready for
42 trial if the people were ready for trial prior to the expiration of the
43 specified period and their present unreadiness is due to some excep-
44 tional fact or circumstance, including, but not limited to, the sudden
45 unavailability of evidence material to the people's case, when the
46 district attorney has exercised due diligence to obtain such evidence
47 and there are reasonable grounds to believe that such evidence will
48 become available in a reasonable period.
49 (c) A motion made pursuant to subdivision two shall not:
50 (i) apply to any defendant who is serving a term of imprisonment for
51 another offense;
52 (ii) require the release from custody of any defendant who is also
53 being held in custody pending trial of another criminal charge as to
54 which the applicable period has not yet elapsed;
55 (iii) prevent the redetention of or otherwise apply to any defendant
56 who, after being released from custody pursuant to this section or
S. 1505--A 137 A. 2005--A
1 otherwise, is charged with another crime or violates the conditions on
2 which he has been released, by failing to appear at a judicial proceed-
3 ing at which his presence is required or otherwise.
4 4. In computing the time within which the people must be ready for
5 trial pursuant to subdivisions one and two, the following periods must
6 be excluded:
7 (a) a reasonable period of delay resulting from other proceedings
8 concerning the defendant, including but not limited to: proceedings for
9 the determination of competency and the period during which defendant is
10 incompetent to stand trial; demand to produce; request for a bill of
11 particulars; pre-trial motions; appeals; trial of other charges; and the
12 period during which such matters are under consideration by the court;
13 or
14 (b) the period of delay resulting from a continuance granted by the
15 court at the request of, or with the consent of, the defendant or his or
16 her counsel. The court [must] may grant such a continuance only if it is
17 satisfied that postponement is in the interest of justice, taking into
18 account the public interest in the prompt dispositions of criminal
19 charges. A defendant without counsel must not be deemed to have
20 consented to a continuance unless he has been advised by the court of
21 his or her rights under these rules and the effect of his consent, which
22 must be done on the record in open court; or
23 (c) (i) the period of delay resulting from the absence or unavailabil-
24 ity of the defendant. A defendant must be considered absent whenever his
25 location is unknown and he is attempting to avoid apprehension or prose-
26 cution, or his location cannot be determined by due diligence. A defend-
27 ant must be considered unavailable whenever his location is known but
28 his presence for trial cannot be obtained by due diligence; or
29 (ii) where the defendant has either escaped from custody or has failed
30 to appear when required after having previously been released on bail or
31 on his own recognizance, and provided the defendant is not in custody on
32 another matter, the period extending from the day the court issues a
33 bench warrant pursuant to section 530.70 because of the defendant's
34 failure to appear in court when required, to the day the defendant
35 subsequently appears in the court pursuant to a bench warrant or volun-
36 tarily or otherwise; or
37 (d) a reasonable period of delay when the defendant is joined for
38 trial with a co-defendant as to whom the time for trial pursuant to this
39 section has not run and good cause is not shown for granting a sever-
40 ance; or
41 (e) the period of delay resulting from detention of the defendant in
42 another jurisdiction provided the district attorney is aware of such
43 detention and has been diligent and has made reasonable efforts to
44 obtain the presence of the defendant for trial; or
45 (f) the period during which the defendant is without counsel through
46 no fault of the court; except when the defendant is proceeding as his
47 own attorney with the permission of the court; or
48 (g) other periods of delay occasioned by exceptional circumstances,
49 including but not limited to, the period of delay resulting from a
50 continuance granted at the request of a district attorney if (i) the
51 continuance is granted because of the unavailability of evidence materi-
52 al to the people's case, when the district attorney has exercised due
53 diligence to obtain such evidence and there are reasonable grounds to
54 believe that such evidence will become available in a reasonable period;
55 or (ii) the continuance is granted to allow the district attorney addi-
56 tional time to prepare the people's case and additional time is justi-
S. 1505--A 138 A. 2005--A
1 fied by the exceptional circumstances of the case. Any such exclusion
2 when a statement of unreadiness has followed a statement of readiness
3 made by the people must be accompanied by supporting facts and approved
4 by the court. The court shall inquire on the record as to the reasons
5 for the people's unreadiness; or
6 (h) the period during which an action has been adjourned in contem-
7 plation of dismissal pursuant to sections 170.55, 170.56 and 215.10 of
8 this chapter[.]; or
9 (i) [The] the period prior to the defendant's actual appearance for
10 arraignment in a situation in which the defendant has been directed to
11 appear by the district attorney pursuant to subdivision three of section
12 120.20 or subdivision three of section 210.10[.]; or
13 (j) the period during which a family offense is before a family court
14 until such time as an accusatory instrument or indictment is filed
15 against the defendant alleging a crime constituting a family offense, as
16 such term is defined in section 530.11 of this chapter.
17 5. At each court appearance date preceding the commencement of trial
18 in a criminal action, the court, whenever it is practicable to do so,
19 shall rule preliminarily on whether the adjournment period immediately
20 following such court appearance date is to be included or excluded for
21 the purposes of computing the time within which the people must be ready
22 for trial within the meaning of this section. The court's ruling shall
23 be noted in the court file.
24 6. For purposes of this section, (a) where the defendant is to be
25 tried following the withdrawal of the plea of guilty or is to be retried
26 following a mistrial, an order for a new trial or an appeal or collat-
27 eral attack, the criminal action and the commitment to the custody of
28 the sheriff, if any, must be deemed to have commenced on the date the
29 withdrawal of the plea of guilty or the date the order occasioning a
30 retrial becomes final;
31 (b) where a defendant has been served with an appearance ticket, the
32 criminal action must be deemed to have commenced on the date the defend-
33 ant first appears in a local criminal court in response to the ticket;
34 (c) where a criminal action is commenced by the filing of a felony
35 complaint, and thereafter, in the course of the same criminal action
36 either the felony complaint is replaced with or converted to an informa-
37 tion, prosecutor's information or misdemeanor complaint pursuant to
38 article [180] one hundred eighty or a prosecutor's information is filed
39 pursuant to section 190.70, the period applicable for the purposes of
40 subdivision one must be the period applicable to the charges in the new
41 accusatory instrument, calculated from the date of the filing of such
42 new accusatory instrument; provided, however, that when the aggregate of
43 such period and the period of time, excluding the periods provided in
44 subdivision [four] five, already elapsed from the date of the filing of
45 the felony complaint to the date of the filing of the new accusatory
46 instrument exceeds six months, the period applicable to the charges in
47 the felony complaint must remain applicable and continue as if the new
48 accusatory instrument had not been filed;
49 (d) where a criminal action is commenced by the filing of a felony
50 complaint, and thereafter, in the course of the same criminal action
51 either the felony complaint is replaced with or converted to an informa-
52 tion, prosecutor's information or misdemeanor complaint pursuant to
53 article [180] one hundred eighty or a prosecutor's information is filed
54 pursuant to section 190.70, the period applicable for the purposes of
55 subdivision two must be the period applicable to the charges in the new
56 accusatory instrument, calculated from the date of the filing of such
S. 1505--A 139 A. 2005--A
1 new accusatory instrument; provided, however, that when the aggregate of
2 such period and the period of time, excluding the periods provided in
3 subdivision [four] five, already elapsed from the date of the filing of
4 the felony complaint to the date of the filing of the new accusatory
5 instrument exceeds ninety days, the period applicable to the charges in
6 the felony complaint must remain applicable and continue as if the new
7 accusatory instrument had not been filed.
8 (e) where a count of an indictment is reduced to charge only a misde-
9 meanor or petty offense and a reduced indictment or a prosecutor's
10 information is filed pursuant to subdivisions one-a and six of section
11 210.20, the period applicable for the purposes of subdivision one of
12 this section must be the period applicable to the charges in the new
13 accusatory instrument, calculated from the date of the filing of such
14 new accusatory instrument; provided, however, that when the aggregate of
15 such period and the period of time, excluding the periods provided in
16 subdivision [four] five of this section, already elapsed from the date
17 of the filing of the indictment to the date of the filing of the new
18 accusatory instrument exceeds six months, the period applicable to the
19 charges in the indictment must remain applicable and continue as if the
20 new accusatory instrument had not been filed;
21 (f) where a count of an indictment is reduced to charge only a misde-
22 meanor or petty offense and a reduced indictment or a prosecutor's
23 information is filed pursuant to subdivisions one-a and six of section
24 210.20, the period applicable for the purposes of subdivision two of
25 this section must be the period applicable to the charges in the new
26 accusatory instrument, calculated from the date of the filing of such
27 new accusatory instrument; provided, however, that when the aggregate of
28 such period and the period of time, excluding the periods provided in
29 subdivision [four] five of this section, already elapsed from the date
30 of the filing of the indictment to the date of the filing of the new
31 accusatory instrument exceeds ninety days, the period applicable to the
32 charges in the indictment must remain applicable and continue as if the
33 new accusatory instrument had not been filed.
34 [6.] 7. The procedural rules prescribed in subdivisions one through
35 seven of section 210.45 with respect to a motion to dismiss an indict-
36 ment are also applicable to a motion made pursuant to subdivision two.
37 § 2. Subdivision 6 of section 180.85 of the criminal procedure law, as
38 added by chapter 518 of the laws of 2004, is amended to read as follows:
39 6. The period from the filing of a motion pursuant to this section
40 until entry of an order disposing of such motion shall not, by reason of
41 such motion, be considered a period of delay for purposes of subdivision
42 [four] five of section 30.30, nor shall such period, by reason of such
43 motion, be excluded in computing the time within which the people must
44 be ready for trial pursuant to such section 30.30.
45 § 3. This act shall take effect on the one hundred eightieth day after
46 it shall have become a law.
47 § 2. If any clause, sentence, paragraph, subdivision, section or
48 subpart of this act shall be adjudged by any court of competent juris-
49 diction to be invalid, such judgment shall not affect, impair, or inval-
50 idate the remainder thereof, but shall be confined in its operation to
51 the clause, sentence, paragraph, subdivision, section or subpart thereof
52 directly involved in the controversy in which such judgment shall have
53 been rendered. It is hereby declared to be the intent of the legislature
54 that this act would have been enacted even if such invalid provisions
55 had not been included herein.
S. 1505--A 140 A. 2005--A
1 § 3. This act shall take effect immediately provided, however, that
2 the applicable effective date of Subparts A through C of this act shall
3 be as specifically set forth in the last section of such Subparts.
4 PART BB
5 Section 1. Subdivisions 2 and 3 of section 86 of the public officers
6 law, as added by chapter 933 of the laws of 1977, are amended and a new
7 subdivision 6 is added to read as follows:
8 2. "State legislature" means the [legislature of the state of New
9 York, including] New York state senate, New York state assembly, any
10 committee, subcommittee, joint committee, select committee, or commis-
11 sion thereof, and any members, officers, representatives and employees
12 thereof.
13 3. "Agency" means any state or municipal department, board, bureau,
14 division, commission, committee, public authority, public corporation,
15 council, office, or other governmental entity performing a governmental
16 or proprietary function for the state or any one or more municipalities
17 thereof, except the judiciary [or the state legislature].
18 6. "Respective house of the state legislature" means the New York
19 state senate, New York state assembly, and any corresponding committee,
20 subcommittee, joint committee, select committee, or commission thereof,
21 and any members, officers, representatives and employees thereof.
22 § 2. Section 87 of the public officers law, as added by chapter 933 of
23 the laws of 1977, paragraph (a) and the opening paragraph of paragraph
24 (b) of subdivision 1 as amended by chapter 80 of the laws of 1983,
25 subparagraph iii of paragraph (b) of subdivision 1 as amended and para-
26 graph (c) of subdivision 1 and subdivision 5 as added by chapter 223 of
27 the laws of 2008, paragraph (d) of subdivision 2 as amended by chapter
28 289 of the laws of 1990, paragraph (f) of subdivision 2 as amended by
29 chapter 403 of the laws of 2003, paragraph (g) of subdivision 2 as
30 amended by chapter 510 of the laws of 1999, paragraph (i) of subdivision
31 2 as amended by chapter 154 of the laws of 2010, paragraph (j) of subdi-
32 vision 2 as added by chapter 746 of the laws of 1988, paragraph (k) of
33 subdivision 2 as separately added by chapters 19, 20, 21, 22, 23 and 383
34 of the laws of 2009, paragraph (l) of subdivision 2 as added by section
35 12 of part II of chapter 59 of the laws of 2010, paragraph (m) of subdi-
36 vision 2 as added by chapter 189 of the laws of 2013, paragraph (n) of
37 subdivision 2 as added by chapter 43 of the laws of 2014, paragraph (n)
38 of subdivision 2 as separately added by chapters 99, 101, and 123 of the
39 laws of 2014, paragraph (o) of subdivision 2 as added by chapter 222 of
40 the laws of 2015, paragraph (c) of subdivision 3 as amended by chapter
41 499 of the laws of 2008, subdivision 4 as added by chapter 890 of the
42 laws of 1981, and paragraph (c) of subdivision 4 as added by chapter 102
43 of the laws of 2007, is amended to read as follows:
44 § 87. Access to agency or state legislature records. 1. (a) Within
45 sixty days after the effective date of this article, the governing body
46 of each public corporation shall promulgate uniform rules and regu-
47 lations for all agencies in such public corporation pursuant to such
48 general rules and regulations as may be promulgated by the committee on
49 open government in conformity with the provisions of this article,
50 pertaining to the administration of this article.
51 (b) Each agency and each house of the state legislature shall promul-
52 gate rules and regulations, in conformity with this article and applica-
53 ble rules and regulations promulgated pursuant to the provisions of
54 paragraph (a) of this subdivision, and pursuant to such general rules
S. 1505--A 141 A. 2005--A
1 and regulations as may be promulgated by the committee on open govern-
2 ment in conformity with the provisions of this article, pertaining to
3 the availability of records and procedures to be followed, including,
4 but not limited to:
5 i. the times and places such records are available;
6 ii. the persons from whom such records may be obtained[,]; and
7 iii. the fees for copies of records which shall not exceed twenty-five
8 cents per photocopy not in excess of nine inches by fourteen inches, or
9 the actual cost of reproducing any other record in accordance with the
10 provisions of paragraph (c) of this subdivision, except when a different
11 fee is otherwise prescribed by statute.
12 (c) In determining the actual cost of reproducing a record, an agency
13 and the state legislature may include only:
14 i. an amount equal to the hourly salary attributed to the lowest paid
15 employee of an agency or [employee] respective house of the state legis-
16 lature who has the necessary skill required to prepare a copy of the
17 requested record;
18 ii. the actual cost of the storage devices or media provided to the
19 person making the request in complying with such request;
20 iii. the actual cost to the agency or to the respective house of the
21 state legislature of engaging an outside professional service to prepare
22 a copy of a record, but only when an agency's or respective house of the
23 state legislature's information technology equipment is inadequate to
24 prepare a copy, if such service is used to prepare the copy; and
25 iv. preparing a copy shall not include search time or administrative
26 costs, and no fee shall be charged unless at least two hours of agency
27 or respective house of the state legislature employee time is needed to
28 prepare a copy of the record requested. A person requesting a record
29 shall be informed of the estimated cost of preparing a copy of the
30 record if more than two hours of an agency or respective house of the
31 state legislature employee's time is needed, or if an outside profes-
32 sional service would be retained to prepare a copy of the record.
33 2. Each agency and the respective house of the state legislature
34 shall, in accordance with its published rules, make available for public
35 inspection and copying all records, except that such agency and the
36 respective house of the state legislature may deny access to records or
37 portions thereof that:
38 (a) are specifically exempted from disclosure by state or federal
39 statute;
40 (b) if disclosed would constitute an unwarranted invasion of personal
41 privacy under the provisions of subdivision two of section eighty-nine
42 of this article;
43 (c) if disclosed would impair present or imminent contract awards or
44 collective bargaining negotiations provided, however, that the proposed
45 terms of an agreement between a public employer and an employee organ-
46 ization, as those terms are defined in article fourteen of the civil
47 service law, that require ratification by members of the employee organ-
48 ization or by the public employer, where applicable, or approval of such
49 provisions by the appropriate legislative body as required by section
50 two hundred four-a of the civil service law, shall be made available to
51 the public no later than when such proposed terms are sent to members of
52 the employee organization for ratification, when such terms are
53 presented to the employer for ratification, where applicable, or when
54 the provisions of such agreement requiring approval by the appropriate
55 legislative body pursuant to section two hundred four-a of the civil
56 service law are submitted to such body, whichever date is earliest.
S. 1505--A 142 A. 2005--A
1 Additionally, a copy of the proposed terms of such agreement shall be
2 placed on the website of the applicable public employer, if such
3 websites exist, and within the local public libraries and offices of
4 such public employer, or in the case of collective bargaining agreements
5 negotiated by the state, on the website of the office of employee
6 relations on such date;
7 (d) are trade secrets or are submitted to an agency or to the respec-
8 tive house of the state legislature by a commercial enterprise or
9 derived from information obtained from a commercial enterprise and which
10 if disclosed would cause substantial injury to the competitive position
11 of the subject enterprise;
12 (e) are compiled for law enforcement purposes and which, if disclosed,
13 would:
14 i. interfere with law enforcement investigations or judicial
15 proceedings;
16 ii. deprive a person of a right to a fair trial or impartial adjudi-
17 cation;
18 iii. identify a confidential source or disclose confidential informa-
19 tion relating to a criminal investigation; or
20 iv. reveal criminal investigative techniques or procedures, except
21 routine techniques and procedures;
22 (f) if disclosed could endanger critical infrastructure or the life or
23 safety of any person;
24 (g) are inter-agency or intra-agency materials which are not:
25 i. statistical or factual tabulations or data;
26 ii. instructions to staff that affect the public;
27 iii. final agency policy or determinations;
28 iv. external audits, including but not limited to audits performed by
29 the comptroller and the federal government; [or]
30 (g-1) are materials exchanged within the state legislature which are
31 not:
32 i. statistical or factual tabulations or data;
33 ii. instructions to staff that affect the public;
34 iii. final policy or determinations of the respective house of the
35 state legislature;
36 iv. external audits, including but not limited to audits performed by
37 the comptroller and the federal government; or
38 (h) are examination questions or answers which are requested prior to
39 the final administration of such questions.
40 (i) if disclosed, would jeopardize the capacity of an agency, the
41 state legislature, or an entity that has shared information with an
42 agency or the state legislature to guarantee the security of its infor-
43 mation technology assets, such assets encompassing both electronic
44 information systems and infrastructures; or
45 (j) are photographs, microphotographs, videotape or other recorded
46 images prepared under authority of section eleven hundred eleven-a of
47 the vehicle and traffic law.
48 (k) are photographs, microphotographs, videotape or other recorded
49 images prepared under authority of section eleven hundred eleven-b of
50 the vehicle and traffic law.
51 (l) are photographs, microphotographs, videotape or other recorded
52 images produced by a bus lane photo device prepared under authority of
53 section eleven hundred eleven-c of the vehicle and traffic law.
54 (m) are photographs, microphotographs, videotape or other recorded
55 images prepared under the authority of section eleven hundred eighty-b
56 of the vehicle and traffic law.
S. 1505--A 143 A. 2005--A
1 (n) are photographs, microphotographs, videotape or other recorded
2 images prepared under the authority of section eleven hundred eighty-c
3 of the vehicle and traffic law.
4 (n) are photographs, microphotographs, videotape or other recorded
5 images prepared under authority of section eleven hundred eleven-d of
6 the vehicle and traffic law.
7 (o) are photographs, microphotographs, videotape or other recorded
8 images prepared under authority of section eleven hundred eleven-e of
9 the vehicle and traffic law.
10 3. Each agency and respective house of the state legislature shall
11 maintain:
12 (a) a record of the final vote of each member in every agency or state
13 legislature proceeding in which the member votes;
14 (b) a record of votes of each member in every session and every
15 committee and subcommittee meeting in which the member of the senate or
16 assembly votes;
17 [(b)] (c) a record setting forth the name, public office address,
18 title and salary of every officer or employee of the agency or the state
19 legislature; and
20 [(c)] (d) a reasonably detailed current list by subject matter of all
21 records in the possession of the agency or state legislature, whether or
22 not available under this article. Each agency and each respective house
23 of the state legislature shall update its subject matter list annually,
24 and the date of the most recent update shall be conspicuously indicated
25 on the list. [Each] The state legislature and each state agency as
26 defined in subdivision four of this section that maintains a website
27 shall post its current list on its website and such posting shall be
28 linked to the website of the committee on open government. Any such
29 agency or part of the state legislature that does not maintain a website
30 shall arrange to have its list posted on the website of the committee on
31 open government.
32 4. (a) Each state agency or respective house of the state legislature
33 which maintains records containing trade secrets, to which access may be
34 denied pursuant to paragraph (d) of subdivision two of this section,
35 shall promulgate regulations in conformity with the provisions of subdi-
36 vision five of section eighty-nine of this article pertaining to such
37 records, including, but not limited to the following:
38 (1) the manner of identifying the records or parts;
39 (2) the manner of identifying persons within the agency or respective
40 house of the state legislature to whose custody the records or parts
41 will be charged and for whose inspection and study the records will be
42 made available;
43 (3) the manner of safeguarding against any unauthorized access to the
44 records.
45 (b) As used in this subdivision the term "agency" or "state agency"
46 means only a state department, board, bureau, division, council [or],
47 office and any public corporation the majority of whose members are
48 appointed by the governor.
49 (c) As used in this subdivision the term "state legislature" means the
50 legislature as defined in subdivision two of section eighty-six of this
51 article.
52 (d) Each state agency and respective house of the state legislature
53 that maintains a website shall post information related to this article
54 and article six-A of this chapter on its website. Such information shall
55 include, at a minimum, contact information for the persons from whom
56 records of the agency or respective house of the state legislature may
S. 1505--A 144 A. 2005--A
1 be obtained, the times and places such records are available for
2 inspection and copying, and information on how to request records in
3 person, by mail, and, if the agency or respective house of the state
4 legislature accepts requests for records electronically, by e-mail. This
5 posting shall be linked to the website of the committee on open govern-
6 ment.
7 5. (a) An agency and the respective house of the state legislature
8 shall provide records on the medium requested by a person, if the agency
9 or the respective house of the state legislature can reasonably make
10 such copy or have such copy made by engaging an outside professional
11 service. Records provided in a computer format shall not be encrypted.
12 (b) No agency nor the state legislature shall enter into or renew a
13 contract for the creation or maintenance of records if such contract
14 impairs the right of the public to inspect or copy the agency's or the
15 state legislature's records.
16 6. (a) Each agency and house of the state legislature shall publish,
17 on its internet website, to the extent practicable, records or portions
18 of records that are available to the public pursuant to the provisions
19 of this article, or which, in consideration of their nature, content or
20 subject matter, are determined by the agency or house of the state
21 legislature to be of substantial interest to the public. Any such
22 records may be removed from the internet website when the agency or
23 house of the state legislature determines that they are no longer of
24 substantial interest to the public. Any such records may be removed from
25 the internet website when they have reached the end of their legal
26 retention period. Guidance on creating records in accessible formats and
27 ensuring their continuing accessibility shall be available from the
28 office of information technology services and the state archives.
29 (b) The provisions of paragraph (a) of this subdivision shall not
30 apply to records or portions of records the disclosure of which would
31 constitute an unwarranted invasion of personal privacy in accordance
32 with subdivision two of section eighty-nine of this article.
33 (c) The committee on open government shall promulgate guidelines to
34 effectuate this subdivision.
35 (d) Nothing in this subdivision shall be construed as to limit or
36 abridge the power of an agency or house of the state legislature to
37 publish records on its internet website that are subject to the
38 provisions of this article prior to a written request or prior to a
39 frequent request.
40 § 3. Section 88 of the public officers law is REPEALED.
41 § 4. Section 89 of the public officers law, as added by chapter 933 of
42 the laws of 1977, paragraph (a) of subdivision 1 as amended by chapter
43 33 of the laws of 1984, paragraph (b) of subdivision 1 as amended by
44 chapter 182 of the laws of 2006, subdivision 2 as amended by section 11
45 of part U of chapter 61 of the laws of 2011, subdivision 2-a as added by
46 chapter 652 of the laws of 1983, subdivision 3 as amended by chapter 223
47 of the laws of 2008, paragraph (c) of subdivision 3 as added by chapter
48 47 of the laws of 2018, subdivision 4 as amended by chapter 22 of the
49 laws of 2005, paragraph (c) of subdivision 4 as amended by chapter 453
50 of the laws of 2017, paragraph (d) of subdivision 4 as added by chapter
51 487 of the laws of 2016, subdivision 5 as added and subdivision 6 as
52 renumbered by chapter 890 of the laws of 1981, paragraph (a) of subdivi-
53 sion 5 as amended by chapter 403 of the laws of 2003, paragraph (d) of
54 subdivision 5 as amended by chapter 339 of the laws of 2004, subdivision
55 7 as added by chapter 783 of the laws of 1983, subdivision 8 as added by
S. 1505--A 145 A. 2005--A
1 chapter 705 of the laws of 1989, and subdivision 9 as added by chapter
2 351 of the laws of 2008, is amended to read as follows:
3 § 89. General provisions relating to access to records; certain cases.
4 The provisions of this section apply to access to all records, except as
5 hereinafter specified:
6 1. (a) The committee on open government is continued and shall consist
7 of the lieutenant governor or the delegate of such officer, the secre-
8 tary of state or the delegate of such officer, whose office shall act as
9 secretariat for the committee, the commissioner of the office of general
10 services or the delegate of such officer, the director of the budget or
11 the delegate of such officer, and seven other persons, none of whom
12 shall hold any other state or local public office except the represen-
13 tative of local governments as set forth herein, to be appointed as
14 follows: five by the governor, at least two of whom are or have been
15 representatives of the news media, one of whom shall be a representative
16 of local government who, at the time of appointment, is serving as a
17 duly elected officer of a local government, one by the temporary presi-
18 dent of the senate, and one by the speaker of the assembly. The persons
19 appointed by the temporary president of the senate and the speaker of
20 the assembly shall be appointed to serve, respectively, until the expi-
21 ration of the terms of office of the temporary president and the speaker
22 to which the temporary president and speaker were elected. The four
23 persons presently serving by appointment of the governor for fixed terms
24 shall continue to serve until the expiration of their respective terms.
25 Thereafter, their respective successors shall be appointed for terms of
26 four years. The member representing local government shall be appointed
27 for a term of four years, so long as such member shall remain a duly
28 elected officer of a local government. The committee shall hold no less
29 than two meetings annually, but may meet at any time. The members of the
30 committee shall be entitled to reimbursement for actual expenses
31 incurred in the discharge of their duties.
32 (b) The committee shall:
33 i. furnish to any agency and to each house of the state legislature
34 advisory guidelines, opinions or other appropriate information regarding
35 this article;
36 ii. furnish to any person advisory opinions or other appropriate
37 information regarding this article;
38 iii. promulgate rules and regulations with respect to the implementa-
39 tion of subdivision one and paragraph (c) of subdivision three of
40 section eighty-seven of this article;
41 iv. request from any agency and from either house of the state legis-
42 lature such assistance, services and information as will enable the
43 committee to effectively carry out its powers and duties;
44 v. develop a form, which shall be made available on the internet, that
45 may be used by the public to request a record; and
46 vi. report on its activities and findings regarding this article and
47 article seven of this chapter, including recommendations for changes in
48 the law, to the governor and the legislature annually, on or before
49 December fifteenth.
50 2. (a) The committee on [public access to records] open government may
51 promulgate guidelines regarding deletion of identifying details or with-
52 holding of records otherwise available under this article to prevent
53 unwarranted invasions of personal privacy. In the absence of such guide-
54 lines, an agency and the respective house of state legislature may
55 delete identifying details when it makes records available.
S. 1505--A 146 A. 2005--A
1 (b) An unwarranted invasion of personal privacy includes, but shall
2 not be limited to:
3 i. disclosure of employment, medical or credit histories or personal
4 references of applicants for employment;
5 ii. disclosure of items involving the medical or personal records of a
6 client or patient in a medical facility;
7 iii. sale or release of lists of names and addresses if such lists
8 would be used for solicitation or fund-raising purposes;
9 iv. disclosure of information of a personal nature when disclosure
10 would result in economic or personal hardship to the subject party and
11 such information is not relevant to the work of the agency or respective
12 house of the state legislature requesting or maintaining it;
13 v. disclosure of information of a personal nature reported in confi-
14 dence to an agency or to the state legislature and not relevant to the
15 ordinary work of such agency or the state legislature;
16 vi. information of a personal nature contained in a workers' compen-
17 sation record, except as provided by section one hundred ten-a of the
18 workers' compensation law; [or]
19 vii. disclosure of electronic contact information, such as an e-mail
20 address or a social network username, that has been collected from a
21 taxpayer under section one hundred four of the real property tax law; or
22 viii. disclosure of communications of a personal nature between legis-
23 lators and their constituents.
24 (c) Unless otherwise provided by this article, disclosure shall not be
25 construed to constitute an unwarranted invasion of personal privacy
26 pursuant to paragraphs (a) and (b) of this subdivision:
27 i. when identifying details are deleted;
28 ii. when the person to whom a record pertains consents in writing to
29 disclosure;
30 iii. when upon presenting reasonable proof of identity, a person seeks
31 access to records pertaining to him or her; or
32 iv. when a record or group of records relates to the right, title or
33 interest in real property, or relates to the inventory, status or char-
34 acteristics of real property, in which case disclosure and providing
35 copies of such record or group of records shall not be deemed an unwar-
36 ranted invasion of personal privacy, provided that nothing herein shall
37 be construed to authorize the disclosure of electronic contact informa-
38 tion, such as an e-mail address or a social network username, that has
39 been collected from a taxpayer under section one hundred four of the
40 real property tax law.
41 2-a. Nothing in this article shall permit disclosure which constitutes
42 an unwarranted invasion of personal privacy as defined in subdivision
43 two of this section if such disclosure is prohibited under section nine-
44 ty-six of this chapter.
45 3. (a) Each entity subject to the provisions of this article, within
46 five business days of the receipt of a written request for a record
47 reasonably described, shall make such record available to the person
48 requesting it, deny such request in writing or furnish a written
49 acknowledgement of the receipt of such request and a statement of the
50 approximate date, which shall be reasonable under the circumstances of
51 the request, when such request will be granted or denied, including,
52 where appropriate, a statement that access to the record will be deter-
53 mined in accordance with subdivision five of this section. [An] Neither
54 an agency nor the state legislature shall [not] deny a request on the
55 basis that the request is voluminous or that locating or reviewing the
56 requested records or providing the requested copies is burdensome
S. 1505--A 147 A. 2005--A
1 because the agency or respective house of the state legislature lacks
2 sufficient staffing or on any other basis if the agency or respective
3 house of the state legislature may engage an outside professional
4 service to provide copying, programming or other services required to
5 provide the copy, the costs of which the agency may recover pursuant to
6 paragraph (c) of subdivision one of section eighty-seven of this arti-
7 cle. An agency or respective house of the state legislature may require
8 a person requesting lists of names and addresses to provide a written
9 certification that such person will not use such lists of names and
10 addresses for solicitation or fund-raising purposes and will not sell,
11 give or otherwise make available such lists of names and addresses to
12 any other person for the purpose of allowing that person to use such
13 lists of names and addresses for solicitation or fund-raising purposes.
14 If an agency or respective house of the state legislature determines to
15 grant a request in whole or in part, and if circumstances prevent
16 disclosure to the person requesting the record or records within twenty
17 business days from the date of the acknowledgement of the receipt of the
18 request, the agency or respective house of the state legislature shall
19 state, in writing, both the reason for the inability to grant the
20 request within twenty business days and a date certain within a reason-
21 able period, depending on the circumstances, when the request will be
22 granted in whole or in part. Upon payment of, or offer to pay, the fee
23 prescribed therefor, the entity shall provide a copy of such record and
24 certify to the correctness of such copy if so requested, or as the case
25 may be, shall certify that it does not have possession of such record or
26 that such record cannot be found after diligent search. Nothing in this
27 article shall be construed to require any entity to prepare any record
28 not possessed or maintained by such entity except the records specified
29 in subdivision three of section eighty-seven [and subdivision three of
30 section eighty-eight] of this article. When an agency or the respective
31 house of the state legislature has the ability to retrieve or extract a
32 record or data maintained in a computer storage system with reasonable
33 effort, it shall be required to do so. When doing so requires less
34 employee time than engaging in manual retrieval or redactions from non-
35 electronic records, the agency and respective house of the state legis-
36 lature shall be required to retrieve or extract such record or data
37 electronically. Any programming necessary to retrieve a record main-
38 tained in a computer storage system and to transfer that record to the
39 medium requested by a person or to allow the transferred record to be
40 read or printed shall not be deemed to be the preparation or creation of
41 a new record.
42 (b) All entities shall, provided such entity has reasonable means
43 available, accept requests for records submitted in the form of elec-
44 tronic mail and shall respond to such requests by electronic mail, using
45 forms, to the extent practicable, consistent with the form or forms
46 developed by the committee on open government pursuant to subdivision
47 one of this section and provided that the written requests do not seek a
48 response in some other form.
49 (c) Each state agency, as defined in subdivision five of this section,
50 that maintains a website shall ensure its website provides for the
51 online submission of a request for records pursuant to this article.
52 4. (a) Except as provided in subdivision five of this section, any
53 person denied access to a record may within thirty days appeal in writ-
54 ing such denial to the head, chief executive or governing body of the
55 entity, or the person therefor designated by such head, chief executive,
56 or governing body, who shall within ten business days of the receipt of
S. 1505--A 148 A. 2005--A
1 such appeal fully explain in writing to the person requesting the record
2 the reasons for further denial, or provide access to the record sought.
3 In addition, each agency or the respective house of the state legisla-
4 ture shall immediately forward to the committee on open government a
5 copy of such appeal when received by the agency or such house and the
6 ensuing determination thereon. Failure by an agency or respective house
7 of the state legislature to conform to the provisions of subdivision
8 three of this section shall constitute a denial.
9 (b) Except as provided in subdivision five of this section, a person
10 denied access to a record in an appeal determination under the
11 provisions of paragraph (a) of this subdivision may bring a proceeding
12 for review of such denial pursuant to article seventy-eight of the civil
13 practice law and rules. In the event that access to any record is denied
14 pursuant to the provisions of subdivision two of section eighty-seven of
15 this article, the agency or respective house of the state legislature
16 involved shall have the burden of proving that such record falls within
17 the provisions of such subdivision two. Failure by an agency or respec-
18 tive house of the state legislature to conform to the provisions of
19 paragraph (a) of this subdivision shall constitute a denial.
20 (c) The court in such a proceeding: (i) may assess, against such agen-
21 cy involved, reasonable attorney's fees and other litigation costs
22 reasonably incurred by such person in any case under the provisions of
23 this section in which such person has substantially prevailed, and when
24 the agency failed to respond to a request or appeal within the statutory
25 time; and (ii) shall assess, against such agency involved, reasonable
26 attorney's fees and other litigation costs reasonably incurred by such
27 person in any case under the provisions of this section in which such
28 person has substantially prevailed and the court finds that the agency
29 had no reasonable basis for denying access.
30 (d) (i) Appeal to the appellate division of the supreme court must be
31 made in accordance with subdivision (a) of section fifty-five hundred
32 thirteen of the civil practice law and rules.
33 (ii) An appeal from an agency or respective house of the state legis-
34 lature taken from an order of the court requiring disclosure of any of
35 all records sought:
36 (A) shall be given preference;
37 (B) shall be brought on for argument on such terms and conditions as
38 the presiding justice may direct, upon application of any party to the
39 proceedings; and
40 (C) shall be deemed abandoned if the agency or respective house of the
41 state legislature fails to serve and file a record and brief within
42 sixty days after the date of service upon the petitioner of the notice
43 of appeal, unless consent to further extension is given by all parties,
44 or unless further extension is granted by the court upon such terms as
45 may be just and upon good cause shown.
46 5. (a) (1) A person acting pursuant to law or regulation who, subse-
47 quent to the effective date of this subdivision, submits any information
48 to any state agency or to the respective house of the state legislature
49 may, at the time of submission, request that the agency or such house
50 provisionally except such information from disclosure under paragraph
51 (d) of subdivision two of section eighty-seven of this article. Where
52 the request itself contains information which if disclosed would defeat
53 the purpose for which the exception is sought, such information shall
54 also be provisionally excepted from disclosure.
55 (1-a) A person or entity who submits or otherwise makes available any
56 records to any agency or a house of the state legislature, may, at any
S. 1505--A 149 A. 2005--A
1 time, identify those records or portions thereof that may contain crit-
2 ical infrastructure information, and request that the agency or house of
3 the state legislature that maintains such records except such informa-
4 tion from disclosure under subdivision two of section eighty-seven of
5 this article. Where the request itself contains information which if
6 disclosed would defeat the purpose for which the exception is sought,
7 such information shall also be provisionally excepted from disclosure.
8 (2) The request for an exception shall be in writing, shall specif-
9 ically identify which portions of the record are the subject of the
10 request for exception and shall state the reasons why the information
11 should be provisionally excepted from disclosure. Any such request for
12 an exception shall be effective for a five-year period from the agency's
13 or respective house of the state legislature's receipt thereof.
14 Provided, however, that not less than sixty days prior to the expiration
15 of the then current term of the exception request, the submitter may
16 apply to the agency or respective house of the state legislature for a
17 two-year extension of its exception request. Upon timely receipt of a
18 request for an extension of an exception request, an agency or respec-
19 tive house of the state legislature may either (A) perform a cursory
20 review of the application and grant the extension should it find any
21 justification for such determination, or (B) commence the procedure set
22 forth in paragraph (b) of this subdivision to make a final determination
23 granting or terminating such exception.
24 (3) Information submitted as provided in subparagraphs one and one-a
25 of this paragraph shall be provisionally excepted from disclosure and be
26 maintained apart by the agency and the respective house of the state
27 legislature from all other records until the expiration of the submit-
28 ter's exception request or fifteen days after the entitlement to such
29 exception has been finally determined or such further time as ordered by
30 a court of competent jurisdiction.
31 (b) [On the] During the effective period of an exception request under
32 this subdivision, on the initiative of the agency or either house of the
33 state legislature at any time, or upon the request of any person for a
34 record excepted from disclosure pursuant to this subdivision, the agency
35 or respective house of the state legislature shall:
36 (1) inform the person who requested the exception of the agency's or
37 such house's intention to determine whether such exception should be
38 granted or continued;
39 (2) permit the person who requested the exception, within ten business
40 days of receipt of notification from the agency or respective house of
41 the state legislature, to submit a written statement of the necessity
42 for the granting or continuation of such exception;
43 (3) within seven business days of receipt of such written statement,
44 or within seven business days of the expiration of the period prescribed
45 for submission of such statement, issue a written determination grant-
46 ing, continuing or terminating such exception and stating the reasons
47 therefor; copies of such determination shall be served upon the person,
48 if any, requesting the record, the person who requested the exception,
49 and the committee on [public access to records] open government.
50 (c) A denial of an exception from disclosure under paragraph (b) of
51 this subdivision may be appealed by the person submitting the informa-
52 tion and a denial of access to the record may be appealed by the person
53 requesting the record in accordance with this subdivision:
54 (1) Within seven business days of receipt of written notice denying
55 the request, the person may file a written appeal from the determination
56 of the agency or the respective house of the state legislature with the
S. 1505--A 150 A. 2005--A
1 head of the agency or respective house of the state legislature, the
2 chief executive officer or governing body or their designated represen-
3 tatives.
4 (2) The appeal shall be determined within ten business days of the
5 receipt of the appeal. Written notice of the determination shall be
6 served upon the person, if any, requesting the record, the person who
7 requested the exception and the committee on [public access to records]
8 open government. The notice shall contain a statement of the reasons for
9 the determination.
10 (d) A proceeding to review an adverse determination pursuant to para-
11 graph (c) of this subdivision may be commenced pursuant to article
12 seventy-eight of the civil practice law and rules. Such proceeding, when
13 brought by a person seeking an exception from disclosure pursuant to
14 this subdivision, must be commenced within fifteen days of the service
15 of the written notice containing the adverse determination provided for
16 in subparagraph two of paragraph (c) of this subdivision. The proceeding
17 shall be given preference and shall be brought on for argument on such
18 terms and conditions as the presiding justice may direct, not to exceed
19 forty-five days. Appeal to the appellate division of the supreme court
20 must be made in accordance with law, and must be filed within fifteen
21 days after service by a party upon the appellant of a copy of the judg-
22 ment or order appealed from and written notice of its entry. An appeal
23 taken from an order of the court requiring disclosure shall be given
24 preference and shall be brought on for argument on such terms and condi-
25 tions as the presiding justice may direct, not to exceed sixty days.
26 This action shall be deemed abandoned when the party requesting an
27 exclusion from disclosure fails to serve and file a record and brief
28 within thirty days after the date of the notice of appeal. Failure by
29 the party requesting an exclusion from disclosure to serve and file a
30 record and brief within the allotted time shall result in the dismissal
31 of the appeal.
32 (e) The person requesting an exception from disclosure pursuant to
33 this subdivision shall in all proceedings have the burden of proving
34 entitlement to the exception.
35 (f) Where the agency or the respective house of the state legislature
36 denies access to a record pursuant to paragraph [(d) of] (b) of this
37 subdivision in conjunction with subdivision two of section eighty-seven
38 of this article, the agency or respective house of the state legislature
39 shall have the burden of proving that the record falls within the
40 provisions of such exception.
41 (g) Nothing in this subdivision shall be construed to deny any person
42 access, pursuant to the remaining provisions of this article, to any
43 record or part excepted from disclosure upon the express written consent
44 of the person who had requested the exception.
45 (h) As used in this subdivision the term "agency" or "state agency"
46 means only a state department, board, bureau, division, council or
47 office and any public corporation the majority of whose members are
48 appointed by the governor.
49 (i) As used in this subdivision the term "state legislature" means the
50 legislature as defined in subdivision two of section eighty-six of this
51 article.
52 6. Nothing in this article shall be construed to limit or abridge any
53 otherwise available right of access at law or in equity of any party to
54 records.
55 7. Nothing in this article shall require the disclosure of the home
56 address of an officer or employee, former officer or employee, or of a
S. 1505--A 151 A. 2005--A
1 retiree of a public employees' retirement system; nor shall anything in
2 this article require the disclosure of the name or home address of a
3 beneficiary of a public employees' retirement system or of an applicant
4 for appointment to public employment; provided however, that nothing in
5 this subdivision shall limit or abridge the right of an employee organ-
6 ization, certified or recognized for any collective negotiating unit of
7 an employer pursuant to article fourteen of the civil service law, to
8 obtain the name or home address of any officer, employee or retiree of
9 such employer, if such name or home address is otherwise available under
10 this article.
11 8. Any person who, with intent to prevent the public inspection of a
12 record pursuant to this article, willfully conceals or destroys any such
13 record shall be guilty of a violation.
14 9. When records maintained electronically include items of information
15 that would be available under this article, as well as items of informa-
16 tion that may be withheld, an agency or respective house of the state
17 legislature in designing its information retrieval methods, whenever
18 practicable and reasonable, shall do so in a manner that permits the
19 segregation and retrieval of available items in order to provide maximum
20 public access.
21 § 5. Subdivisions (t) and (u) of section 105 of the civil practice law
22 and rules, subdivision (u) as relettered by chapter 100 of the laws of
23 1994, are relettered subdivisions (u) and (v) and a new subdivision (t)
24 is added to read as follows:
25 (t) "State legislature" means the New York state senate, New York
26 state assembly, any committee, subcommittee, joint committee, select
27 committee, or commission thereof, and any members, officers, represen-
28 tatives and employees thereof.
29 § 6. Subdivision (a) of section 7802 of the civil practice law and
30 rules is amended to read as follows:
31 (a) Definition of "body or officer". The expression "body or officer"
32 includes every court, tribunal, board, corporation, officer, state
33 legislature, or other person, or aggregation of persons, whose action
34 may be affected by a proceeding under this article.
35 § 7. Subdivision 3 of section 713 of the executive law, as amended by
36 section 16 of part B of chapter 56 of the laws of 2010, is amended to
37 read as follows:
38 3. Any reports prepared pursuant to this article shall not be subject
39 to disclosure pursuant to [section eighty-eight] article six of the
40 public officers law.
41 § 8. Section 70-0113 of the environmental conservation law is
42 REPEALED.
43 § 9. Subdivision 4 of section 308 of the county law is REPEALED.
44 § 10. This act shall take effect immediately; provided however that
45 the amendments to paragraphs (j), (k), (l), (m), (n), (n) and (o) of
46 subdivision 2 of section 87 of the public officers law made by section
47 two of this act shall not affect the repeal of such paragraphs and shall
48 be deemed repealed therewith.
49 PART CC
50 Section 1. Section 13-b of the workers' compensation law, as amended
51 by chapter 1068 of the laws of 1960, the section heading, subdivisions 1
52 and 2 as amended by chapter 473 of the laws of 2000 and subdivision 3 as
53 amended by section 85 of part A of chapter 58 of the laws of 2010, is
54 amended to read as follows:
S. 1505--A 152 A. 2005--A
1 § 13-b. Authorization of [physicians] providers, medical bureaus and
2 laboratories by the chair. 1. [Upon the recommendation of the medical
3 society of the county in which the physician's office is located or of a
4 board designated by such county society or of a board representing duly
5 licensed physicians of any other school of medical practice in such
6 county, the chair may authorize physicians licensed to practice medicine
7 in the state of New York to render medical care under this chapter and
8 to perform independent medical examinations in accordance with subdivi-
9 sion four of section thirteen-a of this article. If, within sixty days
10 after the chair requests such recommendations the medical society of
11 such county or board fails to act, or if there is no such society in
12 such county, the chair shall designate a board of three outstanding
13 physicians, who shall make the requisite recommendations.
14 No such authorization shall be made in the absence of a recommendation
15 of the appropriate society or board or of a review and recommendation by
16 the medical appeals unit.] No person shall render medical care or
17 conduct independent medical examinations under this chapter without such
18 authorization by the chair[, provided, that: (a)]. As used in this
19 title, the following definitions shall have the following meanings
20 unless their context requires otherwise:
21 (a) "Acupuncturist" shall mean licensed as having completed a formal
22 course of study and having passed an examination in accordance with the
23 education law, the regulations of the commissioner of education, and the
24 requirements of the board of regents. Acupuncturists are required by the
25 education law to advise, in writing, each patient of the importance of
26 consulting with a physician for the condition or conditions necessitat-
27 ing acupuncture care, as prescribed by the education law.
28 (b) "Chair" of the board shall mean either the chair or the chair's
29 designee.
30 (c) "Chiropractor" shall mean licensed and having completed two years
31 of preprofessional college study and a four-year resident program in
32 chiropractic in accordance with the education law, and consistent with
33 the licensing requirements of the commissioner of education.
34 (d) "Dentist" shall mean licensed and having completed a four-year
35 course of study leading to a D.D.S. or D.D.M. degree, or an equivalent
36 degree, in accordance with the education law and the licensing require-
37 ments of the commissioner of education.
38 (e) "Employer" shall mean a self-insured employer or, if insured, the
39 insurance carrier.
40 (f) "Independent medical examination" shall mean an examination
41 performed by a medical provider, authorized under this section to
42 perform such examination, for the purpose of examining or evaluating
43 injury or illness pursuant to paragraph (b) of subdivision four of
44 section thirteen-a and section one hundred thirty-seven of this chapter
45 and as more fully set forth in regulation.
46 (g) "Nurse practitioner" shall mean a licensed registered professional
47 nurse certified pursuant to section sixty-nine hundred ten of the educa-
48 tion law.
49 (h) "Occupational therapist" shall mean licensed as having a bach-
50 elor's or master's degree in occupational therapy from a registered
51 program with the education department or receipt of a diploma or degree
52 resulting from completion of not less than four years of postsecondary
53 study, which includes the professional study of occupational therapy in
54 accordance with the education law and the regulations of the commission-
55 er of education.
S. 1505--A 153 A. 2005--A
1 (i) "Physical therapist" shall mean licensed as having completed a
2 master's degree or higher in physical therapy in accordance with the
3 education law and the licensing requirements of the commissioner of
4 education.
5 (j) "Physician" shall mean licensed with a degree of doctor of medi-
6 cine, M.D., or doctor of osteopathic medicine, D.O., or an equivalent
7 degree in accordance with the education law and the licensing require-
8 ments of the state board of medicine and the regulations of the commis-
9 sioner of education.
10 (k) "Physician assistant" shall mean a licensed provider who has grad-
11 uated from a two- to four-year state-approved physician assistant
12 program, has passed a licensing examination, and whose actions and
13 duties are within the scope of practice of the supervising physician, in
14 accordance with the education law and the regulations of the commission-
15 er of education.
16 (l) "Podiatrist" shall mean a doctor of podiatric medicine licensed as
17 having received a doctoral degree in podiatric medicine in accordance
18 with the regulations of the commissioner of education and the education
19 law, and must satisfactorily meet all other requirements of the state
20 board for podiatric medicine.
21 (m) "Provider" shall mean a duly licensed acupuncturist, chiropractor,
22 independent medical examiner, nurse practitioner, physical therapist,
23 physician, physician assistant, podiatrist, psychologist, or social
24 worker authorized by the chair.
25 (n) "Psychologist" shall mean licensed as having received a doctoral
26 degree in psychology from a program of psychology registered with the
27 state education department or the substantial equivalent thereof in
28 accordance with the education law, the requirements of the state board
29 for psychology, and the regulations of the commissioner of education.
30 (o) "Social worker" shall mean a licensed clinical social worker. A
31 licensed clinical social worker has completed a master's degree of
32 social work that includes completion of a core curriculum of at least
33 twelve credit hours of clinical courses or the equivalent post-graduate
34 clinical coursework, in accordance with the education law and the regu-
35 lations of the commissioner of education.
36 2. Any [physician] provider licensed [to practice medicine] pursuant
37 to the education law to provide medical care and treatment in the state
38 of New York may render emergency [medical] care and treatment in an
39 emergency hospital or urgent care setting providing emergency treatment
40 under this chapter without authorization by the chair under this
41 section; [and
42 (b)] (a) Such licensed [physician] provider as identified in this
43 subdivision who is [a member of a constituted medical staff of any
44 hospital] on staff at any hospital or urgent care center providing emer-
45 gency treatment may [render] continue such medical care under this chap-
46 ter while an injured employee remains a patient in such hospital or
47 urgent care setting; and
48 [(c)] (b) Under the [active and personal] direct supervision of an
49 authorized [physician] provider, medical care may be rendered by a
50 registered nurse or other person trained in laboratory or diagnostic
51 techniques within the scope of such person's specialized training and
52 qualifications. This supervision shall be evidenced by signed records of
53 instructions for treatment and signed records of the patient's condition
54 and progress. Reports of such treatment and supervision shall be made by
55 such [physician] provider to the chair [on such forms and] in the format
56 prescribed by the chair at such times as the chair may require.
S. 1505--A 154 A. 2005--A
1 [(d) Upon the referral which may be directive as to treatment of an
2 authorized physician physical therapy care may be rendered by a duly
3 licensed physical therapist. Where physical therapy care is rendered
4 records of the patient's condition and progress, together with records
5 of instruction for treatment, if any, shall be maintained by the phys-
6 ical therapist and physician. Said records shall be submitted to the
7 chair on such forms and at such times as the chair may require.
8 (e) Upon the prescription or referral of an authorized physician occu-
9 pational therapy care may be rendered by a duly licensed occupational
10 therapist. Where occupational therapy care is rendered records of the
11 patient's condition and progress, together with records of instruction
12 for treatment, if any shall be maintained by the occupational therapist
13 and physician. Said records shall be submitted to the chair on forms and
14 at such times as the chair may require.
15 (f)] (c) Where it would place an unreasonable burden upon the employer
16 or carrier to arrange for, or for the claimant to attend, an independent
17 medical examination by an authorized [physician] provider, the employer
18 or carrier shall arrange for such examination to be performed by a qual-
19 ified [physician] provider in a medical facility convenient to the
20 claimant.
21 [2.] (d) Upon the prescription or referral of an authorized physician,
22 or nurse practitioner acting within the scope of his or her practice,
23 care or treatment may be rendered to an injured employee by an author-
24 ized physical therapist, occupational therapist or acupuncturist
25 provided the conditions and the treatment performed are among the condi-
26 tions that the physical therapist, occupational therapist or acupunctu-
27 rist is authorized to treat pursuant to the education law or the regu-
28 lations of the commissioner of education. Where any such care or
29 treatment is rendered, records of the patient's condition and progress,
30 together with records of instruction for treatment, if any, shall be
31 maintained by the physical therapist, occupational therapist or acupunc-
32 turist rendering treatment and by the referring physician or nurse prac-
33 titioner. Said records shall be submitted to the chair on forms and at
34 such times as the chair may require.
35 (e) A record, report or opinion of a physical therapist, occupational
36 therapist, acupuncturist or physician assistant shall not be considered
37 as evidence of the causal relationship of any condition to a work
38 related accident or occupational disease under this chapter. Nor may a
39 record, report or opinion of a physical therapist, occupational thera-
40 pist or acupuncturist be considered evidence of disability. Nor may a
41 record, report or opinion of a physician assistant be considered
42 evidence of the presence of a permanent or initial disability or the
43 degree thereof. Nor may a physical therapist, occupational therapist,
44 acupuncturist or physician assistant perform an independent medical
45 examination concerning a claim under this chapter.
46 (f) A nurse practitioner, or licensed clinical social worker, may
47 perform an independent medical examination on behalf of an employer only
48 to the extent that the examination concerns treatment rendered by an
49 identical provider type, but may not perform an independent medical
50 examination on behalf of the employer concerning (1) the causal
51 relationship of any condition to a work related accident or occupational
52 disease under this chapter or (2) the presence of a disability or the
53 degree thereof.
54 3. A [physician licensed to practice medicine in the state of New York
55 who is] provider properly licensed or certified pursuant to the regu-
56 lations of the commissioner of education and the requirements of the
S. 1505--A 155 A. 2005--A
1 education law desirous of being authorized to render medical care under
2 this chapter and/or to conduct independent medical examinations in
3 accordance with paragraph (b) of subdivision four of section thirteen-a
4 and section one hundred thirty-seven of this chapter shall file an
5 application for authorization under this chapter with the [medical soci-
6 ety in the county in which his or her office is located, or with a board
7 designated by such society, or with a board designated by the chair as
8 provided in this section. In such application the applicant shall state
9 his or her training and qualifications, and shall agree to limit his or
10 her professional activities under this chapter to such medical care and
11 independent medical examinations, as his or her experience and training
12 qualify him or her to render. The applicant shall further agree to
13 refrain] chair or chair's designee. Prior to receiving authorization, a
14 physician must, together with submission of an application to the chair,
15 submit such application to the medical society of the county in which
16 the physician's office is located or of a board designated by such coun-
17 ty society or of a board representing duly licensed physicians of any
18 other school of medical practice in such county, and submit the recom-
19 mendation to the board. In the event such county society or board fails
20 to take action upon a physician's application within forty-five days,
21 the chair may complete review of the application without such approval.
22 Upon approval of the application by the chair or the chair's designee,
23 the applicant shall further agree to refrain from subsequently treating
24 for remuneration, as a private patient, any person seeking medical
25 treatment, or submitting to an independent medical examination, in
26 connection with, or as a result of, any injury compensable under this
27 chapter, if he or she has been removed from the list of [physicians]
28 providers authorized to render medical care or to conduct independent
29 medical examinations under this chapter, or if the person seeking such
30 treatment, or submitting to an independent medical examination, has been
31 transferred from his or her care in accordance with the provisions of
32 this chapter. This agreement shall run to the benefit of the injured
33 person so treated or examined, and shall be available to him or her as a
34 defense in any action by such [physician] provider for payment for
35 treatment rendered by a [physician] provider after he or she has been
36 removed from the list of [physicians] providers authorized to render
37 medical care or to conduct independent medical examinations under this
38 chapter, or after the injured person was transferred from his or her
39 care in accordance with the provisions of this chapter. [The medical
40 society or the board designated by it, or the board as otherwise
41 provided under this section, if it deems such licensed physician duly
42 qualified, shall recommend to the chair that such physician be author-
43 ized to render medical care and/or conduct independent medical examina-
44 tions under this chapter, and such recommendation and authorization
45 shall specify the character of the medical care or independent medical
46 examination which such physician is qualified and authorized to render
47 under this chapter. Such recommendations shall be advisory to the chair
48 only and shall not be binding or conclusive upon him or her. The
49 licensed physician may present to the medical society or board,
50 evidences of additional qualifications at any time subsequent to his or
51 her original application. If the medical society or board fails to
52 recommend to the chair that a physician be authorized to render medical
53 care and/or to conduct independent medical examinations under this chap-
54 ter, the physician may appeal to the medical appeals unit. The medical
55 society or the board designated by it, or the board as otherwise
56 provided under this section, may upon its own initiative, or shall upon
S. 1505--A 156 A. 2005--A
1 request of the chair, review at any time the qualifications of any
2 physician as to the character of the medical care or independent medical
3 examinations which such physician has theretofore been authorized to
4 render under this chapter and may recommend to the chair that such
5 physician be authorized to render medical care or to conduct independent
6 medical examinations thereafter of the character which such physician is
7 then qualified to render. On such advisory recommendation the chair may
8 review and after reasonable investigation may revise the authorization
9 of a physician in respect to the character of medical care and/or to
10 conduct independent medical examinations which he or she is authorized
11 to render. If the medical society or board recommends to the chair that
12 a physician be authorized to render medical care and/or to conduct inde-
13 pendent medical examinations under this chapter of a character different
14 from the character of medical care or independent medical examinations
15 he or she has been theretofore authorized to render, such physician may
16 appeal from such recommendation to the medical appeals unit.
17 3.] 4. Laboratories and bureaus engaged in x-ray diagnosis or treat-
18 ment or in physiotherapy or other therapeutic procedures and which
19 participate in the diagnosis or treatment of injured [workmen] workers
20 under this chapter shall be operated or supervised by [qualified physi-
21 cians duly] providers authorized under this chapter and shall be subject
22 to the provisions of section thirteen-c of this article. The person in
23 charge of diagnostic clinical laboratories duly authorized under this
24 chapter shall possess the qualifications established by the public
25 health and health planning council for approval by the state commission-
26 er of health or, in the city of New York, the qualifications approved by
27 the board of health of said city and shall maintain the standards of
28 work required for such approval.
29 § 2. Section 13-d of the workers' compensation law, as amended by
30 chapter 459 of the laws of 1944, the section heading, subdivision 1 and
31 subdivision 2 as amended by chapter 473 of the laws of 2000, paragraphs
32 (a) and (b) of subdivision 2 as amended and subdivision 5 as added by
33 chapter 6 of the laws of 2007, subdivision 4 as amended by chapter 1068
34 of the laws of 1960, is amended to read as follows:
35 § 13-d. Removal of [physicians] providers from lists of those author-
36 ized to render medical care or to conduct independent medical examina-
37 tions. 1. The medical society of the county in which the physician's
38 office is located at the time or a board designated by such county soci-
39 ety or a board representing duly licensed physicians of any other school
40 of medical practice in such county shall investigate, hear and make
41 findings with respect to all charges as to professional or other miscon-
42 duct of any authorized physician as herein provided under rules and
43 procedure to be prescribed by the medical appeals unit, and shall report
44 evidence of such misconduct, with their findings and recommendation with
45 respect thereto, to the chair. Failure to commence such investigation
46 within sixty days from the date the charges are referred to the society
47 by the chair or submit findings and recommendations relating to the
48 charges within one hundred eighty days from the date the charges are
49 referred shall empower the chair to appoint, as a hearing officer, a
50 member of the board, employee, or other qualified hearing officer to
51 hear and report on the charges to the chair. A qualified hearing offi-
52 cer, who is neither a member of the board, or employee thereof shall be
53 paid at a reasonable per diem rate to be fixed by the chair.
54 Such investigation, hearing, findings, recommendation and report may
55 be made by the society or board of an adjoining county upon the request
56 of the medical society of the county in which the alleged misconduct or
S. 1505--A 157 A. 2005--A
1 infraction of this chapter occurred, subject to the time limit and
2 conditions set forth herein. The medical appeals unit shall review the
3 findings and recommendation of such medical society or board, or hearing
4 officer appointed by the chair upon application of the accused physician
5 and may reopen the matter and receive further evidence. The findings,
6 decision and recommendation of such society, board or hearing officer
7 appointed by the chair or medical appeals unit shall be advisory to the
8 chair only, and shall not be binding or conclusive upon him or her.
9 2. The chair shall remove from the list of [physicians] providers
10 authorized to render medical care under this chapter, or to conduct
11 independent medical examinations in accordance with paragraph (b) of
12 subdivision four of section thirteen-a of this article, the name of any
13 [physician] provider who he or she shall find after reasonable investi-
14 gation is disqualified because such [physician] provider:
15 (a) has been guilty of professional or other misconduct or incompeten-
16 cy in connection with rendering medical services under the law; or
17 (b) has exceeded the limits of his or her professional competence in
18 rendering medical care or in conducting independent medical examinations
19 under the law, or has made materially false statements regarding his or
20 her qualifications in his or her application for the recommendation of
21 the medical society or board as provided in section thirteen-b of this
22 article; or
23 (c) has failed to transmit copies of medical reports to claimant's
24 attorney or licensed representative as provided in subdivision (f) of
25 section thirteen of this article; or has failed to submit full and
26 truthful medical reports of all his or her findings to the employer, and
27 directly to the chair or the board within the time limits provided in
28 subdivision four of section thirteen-a of this article with the excep-
29 tion of injuries which do not require (1) more than ordinary first aid
30 or more than two treatments by a [physician] provider or person render-
31 ing first aid, or (2) loss of time from regular duties of one day beyond
32 the working day or shift; or
33 (d) knowingly made a false statement or representation as to a materi-
34 al fact in any medical report made pursuant to this chapter or in testi-
35 fying or otherwise providing information for the purposes of this chap-
36 ter; or
37 (e) has solicited, or has employed another to solicit for himself or
38 herself or for another, professional treatment, examination or care of
39 an injured employee in connection with any claim under this chapter; or
40 (f) has refused to appear before, to testify, to submit to a deposi-
41 tion, or to answer upon request of, the chair, board, medical appeals
42 unit or any duly authorized officer of the state, any legal question, or
43 to produce any relevant book or paper concerning his or her conduct
44 under any authorization granted to him or her under this chapter; or
45 (g) has directly or indirectly requested, received or participated in
46 the division, transference, assignment, rebating, splitting or refunding
47 of a fee for, or has directly or indirectly requested, received or prof-
48 ited by means of a credit or other valuable consideration as a commis-
49 sion, discount or gratuity in connection with the furnishing of medical
50 or surgical care, an independent medical examination, diagnosis or
51 treatment or service, including X-ray examination and treatment, or for
52 or in connection with the sale, rental, supplying or furnishing of clin-
53 ical laboratory services or supplies, X-ray laboratory services or
54 supplies, inhalation therapy service or equipment, ambulance service,
55 hospital or medical supplies, physiotherapy or other therapeutic service
56 or equipment, artificial limbs, teeth or eyes, orthopedic or surgical
S. 1505--A 158 A. 2005--A
1 appliances or supplies, optical appliances, supplies or equipment,
2 devices for aid of hearing, drugs, medication or medical supplies, or
3 any other goods, services or supplies prescribed for medical diagnosis,
4 care or treatment, under this chapter; except that reasonable payment,
5 not exceeding the technical component fee permitted in the medical fee
6 schedule, established under this chapter for X-ray examinations, diagno-
7 sis or treatment, may be made by a [physician] provider duly authorized
8 as a roentgenologist to any hospital furnishing facilities and equipment
9 for such examination, diagnosis or treatment, provided such hospital
10 does not also submit a charge for the same services. Nothing contained
11 in this paragraph shall prohibit such [physicians] providers who prac-
12 tice as partners, in groups or as a professional corporation or as a
13 university faculty practice corporation from pooling fees and moneys
14 received, either by the partnership, professional corporation, universi-
15 ty faculty practice corporation or group by the individual members ther-
16 eof, for professional services furnished by any individual professional
17 member, or employee of such partnership, corporation or group, nor shall
18 the professionals constituting the partnerships, corporations, or groups
19 be prohibited from sharing, dividing or apportioning the fees and moneys
20 received by them or by the partnership, corporation or group in accord-
21 ance with a partnership or other agreement.
22 3. Any person who violates or attempts to violate, and any person who
23 aids another to violate or attempts to induce him or her to violate the
24 provisions of paragraph (g) of subdivision two of this section shall be
25 guilty of a misdemeanor.
26 4. Nothing in this section shall be construed as limiting in any
27 respect the power or duty of the [chairman] chair to investigate
28 instances of misconduct, either before or after investigation by a
29 medical society or board as herein provided, or to temporarily suspend
30 the authorization of any [physician] provider that he or she may believe
31 to be guilty of such misconduct.
32 5. Whenever the department of health or the department of education
33 shall conduct an investigation with respect to charges of professional
34 or other misconduct by a [physician] provider which results in a report,
35 determination or consent order that includes a finding of professional
36 or other misconduct or incompetency by such [physician] provider, the
37 chair shall have full power and authority to temporarily suspend, revoke
38 or otherwise limit the authorization under this chapter of any [physi-
39 cian] provider upon such finding by the department of health or the
40 department of education that the [physician] provider has been guilty of
41 professional or other misconduct. The recommendations of the department
42 of health or the department of education shall be advisory to the chair
43 only and shall not be binding or conclusive upon the chair.
44 § 3. Section 13-g of the workers' compensation law, as added by chap-
45 ter 258 of the laws of 1935, subdivision 1 as amended by chapter 674 of
46 the laws of 1994, subdivisions 2 and 3 as amended by section 4 of part
47 GG of chapter 57 of the laws of 2013, subdivision 4 as amended by
48 section 3 of part D of chapter 55 of the laws of 2015, subdivision 5 as
49 amended by chapter 578 of the laws of 1959 and subdivision 6 as amended
50 by chapter 639 of the laws of 1996, is amended to read as follows:
51 § 13-g. Payment of bills for medical care. (1) Within forty-five days
52 after a bill for medical care or supplies delivered pursuant to section
53 thirteen of this article has been rendered to the employer [by the
54 hospital, physician or self-employed physical or occupational therapist
55 who has rendered treatment pursuant to a referral from the injured
56 employee's authorized physician or authorized podiatrist for treatment
S. 1505--A 159 A. 2005--A
1 to the injured employee], such employer must pay the bill or notify the
2 [hospital, physician or self-employed physical or occupational therapist
3 in writing] medical care provider or supplier in the format prescribed
4 by the chair that the bill is not being paid and explain the reasons for
5 non-payment. In the event that the employer fails to make payment or
6 notify the [hospital, physician or self-employed physical or occupa-
7 tional therapist] medical care provider or supplier within such forty-
8 five day period that payment is not being made, the [hospital, physi-
9 cian, self-employed physical therapist or self-employed occupational
10 therapist] medical care provider or supplier may notify the board in the
11 format prescribed by the chair [in writing] that the bill has not been
12 paid and request that the board make an award for payment of such bill.
13 The board or the chair may make an award not in excess of the estab-
14 lished fee schedules for any such bill or part thereof which remains
15 unpaid after said forty-five day period or thirty days after all other
16 questions duly and timely raised in accordance with the provisions of
17 this chapter, relating to the employer's liability for the payment of
18 such amount, shall have been finally determined adversely to the employ-
19 er, whichever is later, in accordance with rules promulgated by the
20 chair, and such award may be collected in like manner as an award of
21 compensation. The chair shall assess the sum of fifty dollars against
22 the employer for each such award made by the board, which sum shall be
23 paid into the state treasury.
24 In the event that the employer has provided an explanation in writing
25 why the bill has not been paid, in part or in full, within the aforesaid
26 time period, and the parties can not agree as to the value of medical
27 aid rendered under this chapter, such value shall be decided by arbi-
28 tration [if requested by the hospital, physician or self-employed phys-
29 ical or occupational therapist, in accordance with the provisions of
30 subdivision two or subdivision three of this section, as appropriate,
31 and] as set forth in rules and regulations promulgated by the chair.
32 Where a [physician, physical or occupational therapist] bill for
33 medical care or supplies has been determined to be due and owing in
34 accordance with the provisions of this section the board shall include
35 in the amount of the award interest of not more than one and one-half
36 [per cent] percent (1 1/2%) per month payable to the [physician, phys-
37 ical or occupational therapist] medical care provider or supplier, in
38 accordance with the rules and regulations promulgated by the board.
39 Interest shall be calculated from the forty-fifth day after the bill was
40 rendered or from the thirtieth day after all other questions duly and
41 timely raised in accordance with the provisions of this chapter, relat-
42 ing to the employer's liability for the payment of such amount, shall
43 have been finally determined adversely to the employer, whichever is
44 later, in accordance with rules promulgated by the chair.
45 (2) (a) If the parties fail to agree to the value of medical aid
46 rendered under this chapter and the amount of the disputed bill is one
47 thousand dollars or less, or if the amount of the disputed medical bill
48 exceeds one thousand dollars and the [health] medical care provider or
49 supplier expressly so requests, such value shall be decided by a single
50 arbitrator process, pursuant to rules promulgated by the chair. [The
51 chair shall appoint a physician who is a member in good standing of the
52 medical society of the state of New York to determine the value of such
53 disputed medical bill. Where the physician whose charges are being
54 arbitrated is a member in good standing of the New York osteopathic
55 society, the value of such disputed bill shall be determined by a member
56 in good standing of the New York osteopathic society appointed by the
S. 1505--A 160 A. 2005--A
1 chair. Where the physician whose charges are being arbitrated is a
2 member in good standing of the New York homeopathic society, the value
3 of such disputed bill shall be determined by a member in good standing
4 of the New York homeopathic society appointed by the chair. Where the
5 value of physical therapy services or occupational therapy services is
6 at issue, such value shall be determined by a member in good standing of
7 a recognized professional association representing its respective
8 profession in the state of New York appointed by the chair.] Decisions
9 rendered under the single arbitrator process shall be conclusive upon
10 the parties as to the value of the services in dispute.
11 (b) If the parties fail to agree as to the value of medical aid
12 rendered under this chapter and the amount of the disputed bill exceeds
13 one thousand dollars, such value shall be decided by an arbitration
14 committee unless the [health] medical care provider or supplier express-
15 ly requests a single arbitrator process in accordance with paragraph (a)
16 of this subdivision. The arbitration committee shall [consist of one
17 physician designated by the president of the medical society of the
18 county in which the medical services were rendered, one physician who is
19 a member of the medical society of the state of New York, appointed by
20 the employer or carrier, and one physician, also a member of the medical
21 society of the state of New York, appointed by the chair of the workers'
22 compensation board. If the physician whose charges are being arbitrated
23 is a member in good standing of the New York osteopathic society or the
24 New York homeopathic society, the members of such arbitration committee
25 shall be physicians of such organization, one to be appointed by the
26 president of that organization, one by the employer or carrier and the
27 third by the chair of the workers' compensation board. Where the value
28 of physical therapy services is at issue and the amount of the disputed
29 bill exceeds one thousand dollars, the arbitration committee shall
30 consist of a member in good standing of a recognized professional asso-
31 ciation representing physical therapists in the state of New York
32 appointed by the president of such organization, a physician designated
33 by the employer or carrier and a physician designated by the chair of
34 the workers' compensation board provided however, that the chair finds
35 that there are a sufficient number of physical therapy arbitrations in a
36 geographical area comprised of one or more counties to warrant a commit-
37 tee so comprised. In all other cases where the value of physical therapy
38 services is at issue and the amount of the disputed bill exceeds one
39 thousand dollars, the arbitration committee shall be similarly selected
40 and identical in composition, provided that the physical therapist
41 member shall serve without remuneration, and provided further that in
42 the event a physical therapist is not available, the committee shall be
43 comprised of three physicians designated in the same manner as in cases
44 where the value of medical aid is at issue.
45 (c) Where the value of occupational therapy services is at issue the
46 arbitration committee shall consist of a member in good standing of a
47 recognized professional association representing occupational therapists
48 in the state of New York appointed by the president of such organiza-
49 tion; a physician designated by the employer or carrier and a physician
50 designated by the chair of the workers' compensation board provided,
51 however, that the chair finds that there are a sufficient number of
52 occupational therapy arbitrations in a geographical area comprised of
53 one or more counties to warrant a committee so comprised. In all other
54 cases where the value of occupational therapy services is at issue and
55 the amount of the disputed bill exceeds one thousand dollars, the arbi-
56 tration committee shall be similarly selected and identical in composi-
S. 1505--A 161 A. 2005--A
1 tion, provided that the occupational therapist member shall serve with-
2 out remuneration, and provided further that in the event an occupational
3 therapist is not available, the committee shall be comprised of three
4 physicians designated in the same manner as in cases where the value of
5 medical aid is at issue.] have three members designated by the chair in
6 consultation with the medical director's office of the workers' compen-
7 sation board. The majority decision of any such arbitration committee
8 shall be conclusive upon the parties as to the value of the services in
9 dispute.
10 (3) [(a) If an employer shall have notified the hospital in writing,
11 as provided in subdivision one of this section, why the bill has not
12 been paid, in part or in full, and the amount of the disputed bill is
13 one thousand dollars or less, or where the amount of the disputed
14 medical bill exceeds one thousand dollars and the hospital expressly so
15 requests, such value shall be decided by a single arbitrator process,
16 pursuant to rules promulgated by the chair. The chair shall appoint a
17 physician in good standing licensed to practice in New York state to
18 determine the value of such disputed bill. Decisions rendered under the
19 administrative resolution procedure shall be conclusive upon the parties
20 as to the value of the services in dispute.
21 (b) If an employer shall have notified the hospital in writing, as
22 provided in subdivision one of this section, why the bill has not been
23 paid, in part or in full, and the amount of the disputed bill exceeds
24 one thousand dollars, the value of such bill shall be determined by an
25 arbitration committee appointed by the chair for that purpose, which
26 committee shall consider all of the charges of the hospital, unless the
27 hospital expressly requests a single arbitrator process pursuant to
28 paragraph (a) of this subdivision. The committee shall consist of three
29 physicians. One member of the committee may be nominated by the chair
30 upon recommendation of the president of the hospital association of New
31 York state and one member may be nominated by the employer or insurance
32 carrier. The majority decision of any such committee shall be conclusive
33 upon the parties as to the value of the services rendered. The chair may
34 make reasonable rules and regulations consistent with the provisions of
35 this section.
36 (4)] A provider or supplier initiating an arbitration, including a
37 single arbitrator process, pursuant to this section shall not pay a fee
38 to cover the costs related to the conduct of such arbitration. [Each
39 member of an arbitration committee for medical bills, and each member of
40 an arbitration committee for hospital bills shall be entitled to receive
41 and shall be paid a fee for each day's attendance at an arbitration
42 session in any one count in an amount fixed by the chair of the workers'
43 compensation board.
44 (5)] (4) In claims where the employer has failed to secure compen-
45 sation to his employees as required by section fifty of this chapter,
46 the board may make an award for the value of medical [and podiatry]
47 services, supplies or treatment rendered to such employees, in accord-
48 ance with the schedules of fees and charges prepared and established
49 under the provisions of [section thirteen, subdivision a, and section
50 thirteen-k, subdivision two, of] this chapter[, and for the reasonable
51 value of hospital care in accordance with the charges currently in force
52 in hospitals in the same community for cases coming within the
53 provisions of this chapter]. Such award shall be made to the [physician,
54 podiatrist, or hospital] medical care provider or supplier entitled
55 thereto. A default in the payment of such award may be enforced in the
S. 1505--A 162 A. 2005--A
1 manner provided for the enforcement of compensation awards as set forth
2 in section twenty-six of this [chapter] article.
3 In all cases coming under this subdivision the payment of the claim
4 [of the physician, podiatrist, or hospital for medical, podiatry, or
5 surgical services or treatment] for medical care or supplies shall be
6 subordinate to that of the claimant or his or her beneficiaries.
7 [(6) Notwithstanding any inconsistent provision of law, arbitration
8 regarding payments for inpatient hospital services for any patient
9 discharged on or after January first, nineteen hundred ninety-one and
10 prior to December thirty-first, nineteen hundred ninety-six shall be
11 resolved in accordance with paragraph (d) of subdivision three of
12 section twenty-eight hundred seven-c of the public health law.]
13 § 4. Subdivisions 1 and 2 and paragraph (b) of subdivision 3 of
14 section 13-k of the workers' compensation law, subdivision 1 as added by
15 chapter 787 of the laws of 1952 and subdivision 2 and paragraph (b) of
16 subdivision 3 as amended by chapter 473 of the laws of 2000, are amended
17 to read as follows:
18 1. When the term "chairman" is hereinafter used, it shall be deemed to
19 mean the [chairman] chair of the [workmen's] workers' compensation board
20 of the state of New York.
21 2. An employee injured under circumstances which make such injury
22 compensable under this article, when care is required for an injury to
23 the foot which injury or resultant condition therefrom may lawfully be
24 treated by a duly registered and licensed podiatrist of the state of New
25 York, may select to treat him or her any podiatrist authorized by the
26 chair to render [podiatry] podiatric medical care, as hereinafter
27 provided. If the injury or condition is one which is without the limits
28 prescribed by the education law for [podiatry] podiatric medical care
29 and treatment, or the injuries involved affect other parts of the body
30 in addition to the foot, the said podiatrist must so advise the said
31 injured employee and instruct him or her to consult a physician of said
32 employee's choice for appropriate care and treatment. Such physician
33 shall thenceforth have overall supervision of the treatment of said
34 patient including the future treatment to be administered to the patient
35 by the podiatrist. If for any reason during the period when [podiatry]
36 podiatric medical treatment and care is required, the employee wishes to
37 transfer his or her treatment and care to another authorized podiatrist
38 he or she may do so, in accordance with rules prescribed by the chair,
39 provided however that the employer shall be liable for the proper fees
40 of the original podiatrist for the care and treatment he or she shall
41 have rendered. [A podiatrist licensed and registered to practice podia-
42 try in the state of New York who is desirous of being authorized to
43 render podiatry care under this section and/or to conduct independent
44 medical examinations in accordance with paragraph (b) of subdivision
45 three of this section shall file an application for authorization under
46 this section with the podiatry practice committee. In such application
47 he or she shall agree to refrain from subsequently treating for remuner-
48 ation, as a private patient, any person seeking podiatry treatment, or
49 submitting to an independent medical examination, in connection with, or
50 as a result of, any injury compensable under this chapter, if he or she
51 has been removed from the list of podiatrists authorized to render
52 podiatry care or to conduct independent medical examinations under this
53 chapter, or if the person seeking such treatment has been transferred
54 from his or her care in accordance with the provisions of this section.
55 This agreement shall run to the benefit of the injured person so treated
56 or examined, and shall be available to him or her as a defense in any
S. 1505--A 163 A. 2005--A
1 action by such podiatrist for payment for treatment rendered by a podia-
2 trist after he or she has been removed from the list of podiatrists
3 authorized to render podiatry care or to conduct independent medical
4 examinations under this section, or after the injured person was trans-
5 ferred from his or her care in accordance with the provisions of this
6 section. The podiatry practice committee if it deems such licensed
7 podiatrist duly qualified shall recommend to the chair that such podia-
8 trist be authorized to render podiatry care and/or to conduct independ-
9 ent medical examinations under this section. Such recommendation shall
10 be advisory to the chair only and shall not be binding or conclusive
11 upon him or her.] The chair shall prepare and establish a schedule for
12 the state, or schedules limited to defined localities, of charges and
13 fees for [podiatry] podiatric medical treatment and care, to be deter-
14 mined in accordance with and to be subject to change pursuant to rules
15 promulgated by the chair. Before preparing such schedule for the state
16 or schedules for limited localities the chair shall request the [podia-
17 try] podiatric medicine practice committee to submit to him or her a
18 report on the amount of remuneration deemed by such committee to be fair
19 and adequate for the types of [podiatry] podiatric medical care to be
20 rendered under this chapter, but consideration shall be given to the
21 view of other interested parties. The amounts payable by the employer
22 for such treatment and services shall be the fees and charges estab-
23 lished by such schedule.
24 (b) Upon receipt of the notice provided for by paragraph (a) of this
25 subdivision, the employer, the carrier and the claimant each shall be
26 entitled to have the claimant examined by a qualified podiatrist author-
27 ized by the chair in accordance with [subdivision two of this] section
28 thirteen-b and section one hundred thirty-seven of this chapter, at a
29 medical facility convenient to the claimant and in the presence of the
30 claimant's podiatrist, and refusal by the claimant to submit to such
31 independent medical examination at such time or times as may reasonably
32 be necessary in the opinion of the board shall bar the claimant from
33 recovering compensation for any period during which he or she has
34 refused to submit to such examination.
35 § 5. Subdivisions 1 and 2 and paragraph (b) of subdivision 3 of
36 section 13-l of the workers' compensation law, subdivision 1 as added by
37 chapter 940 of the laws of 1973 and subdivision 2 and paragraph (b) of
38 subdivision 3 as amended by chapter 473 of the laws of 2000, are amended
39 to read as follows:
40 1. Where the term "chairman" is hereinafter used, it shall be deemed
41 to mean the [chairman] chair of the [workmen's] workers' compensation
42 board of the state of New York.
43 2. An employee injured under circumstances which make such injury
44 compensable under this article, when care is required for an injury
45 which consists solely of a condition which may lawfully be treated by a
46 chiropractor as defined in section sixty-five hundred fifty-one of the
47 education law may select to treat him or her, any duly registered and
48 licensed chiropractor of the state of New York, authorized by the chair
49 to render chiropractic care as hereinafter provided. If the injury or
50 condition is one which is outside the limits prescribed by the education
51 law for chiropractic care and treatment, the said chiropractor must so
52 advise the said injured employee and instruct him or her to consult a
53 physician of said employee's choice for appropriate care and treatment.
54 Such physician shall thenceforth have supervision of the treatment of
55 said condition including the future treatment to be administered to the
56 patient by the chiropractor. [A chiropractor licensed and registered to
S. 1505--A 164 A. 2005--A
1 practice chiropractic in the state of New York, who is desirous of being
2 authorized to render chiropractic care under this section and/or to
3 conduct independent medical examinations in accordance with paragraph
4 (b) of subdivision three of this section shall file an application for
5 authorization under this section with the chiropractic practice commit-
6 tee. In such application he or she shall agree to refrain from subse-
7 quently treating for remuneration, as a private patient, any person
8 seeking chiropractic treatment, or submitting to an independent medical
9 examination, in connection with, or as a result of, any injury compensa-
10 ble under this chapter, if he or she has been removed from the list of
11 chiropractors authorized to render chiropractic care or to conduct inde-
12 pendent medical examinations under this chapter, or if the person seek-
13 ing such treatment has been transferred from his or her care in accord-
14 ance with the provisions of this section. This agreement shall run to
15 the benefit of the injured person so treated, or examined, and shall be
16 available to him or her as a defense in any action by such chiropractor
17 for payment rendered by a chiropractor after he or she has been removed
18 from the list of chiropractors authorized to render chiropractic care or
19 to conduct independent medical examinations under this section, or after
20 the injured person was transferred from his or her care in accordance
21 with the provisions of this section. The chiropractic practice committee
22 if it deems such licensed chiropractor duly qualified shall recommend to
23 the chair that such be authorized to render chiropractic care and/or to
24 conduct independent medical examinations under this section. Such recom-
25 mendations shall be advisory to the chair only and shall not be binding
26 or conclusive upon him or her.] The chair shall prepare and establish a
27 schedule for the state, or schedules limited to defined localities of
28 charges and fees for chiropractic treatment and care, to be determined
29 in accordance with and to be subject to change pursuant to rules promul-
30 gated by the chair. Before preparing such schedule for the state or
31 schedules for limited localities the chair shall request the chiroprac-
32 tic practice committee to submit to him or her a report on the amount of
33 remuneration deemed by such committee to be fair and adequate for the
34 types of chiropractic care to be rendered under this chapter, but
35 consideration shall be given to the view of other interested parties,
36 the amounts payable by the employer for such treatment and services
37 shall be the fees and charges established by such schedule.
38 (b) Upon receipt of the notice provided for by paragraph (a) of this
39 subdivision, the employer, the carrier, and the claimant each shall be
40 entitled to have the claimant examined by a qualified chiropractor
41 authorized by the chair in accordance with [subdivision two of this]
42 section thirteen-b and section one hundred thirty-seven of this chapter
43 at a medical facility convenient to the claimant and in the presence of
44 the claimant's chiropractor, and refusal by the claimant to submit to
45 such independent medical examination at such time or times as may
46 reasonably be necessary in the opinion of the board shall bar the claim-
47 ant from recovering compensation, for any period during which he or she
48 has refused to submit to such examination.
49 § 6. Subdivisions 1, 2 and 3 and paragraph (b) of subdivision 4 of
50 section 13-m of the workers' compensation law, subdivisions 1 and 2 as
51 added by chapter 589 of the laws of 1989 and subdivision 3 and paragraph
52 (b) of subdivision 4 as amended by chapter 473 of the laws of 2000, are
53 amended to read as follows:
54 1. Where the term "chairman" is hereinafter used, it shall be deemed
55 to mean the [chairman] chair of the workers' compensation board of the
56 state of New York.
S. 1505--A 165 A. 2005--A
1 2. (a) An injured employee, injured under circumstances which make
2 such injury compensable under this article, may lawfully be treated[,
3 upon the referral of an authorized physician,] by a psychologist, duly
4 registered and licensed by the state of New York, authorized by the
5 [chairman] chair to render psychological care pursuant to [this] section
6 thirteen-b of this article. Such services shall be within the scope of
7 such psychologist's specialized training and qualifications as defined
8 in article one hundred fifty-three of the education law.
9 (b) Medical bureaus, medical centers jointly operated by labor and
10 management representatives, hospitals and health maintenance organiza-
11 tions, authorized to provide medical care pursuant to section thirteen-c
12 of this [chapter] article, may provide psychological services when
13 required[, upon the referral of an authorized physician, provided such
14 care is rendered by a duly registered, licensed and authorized psychol-
15 ogist, as required by this section].
16 (c) A psychologist rendering service pursuant to this section shall
17 maintain records of the patient's psychological condition and treatment,
18 and such records or reports shall be submitted to the [chairman] chair
19 on such forms and at such times as the [chairman] chair may require.
20 3. [A psychologist, licensed and registered to practice psychology in
21 the state of New York, who is desirous of being authorized to render
22 psychological care under this section and/or to conduct independent
23 medical examinations in accordance with paragraph (b) of subdivision
24 four of this section shall file an application for authorization under
25 this section with the psychology practice committee. The applicant shall
26 agree to refrain from subsequently treating for remuneration, as a
27 private patient, any person seeking psychological treatment, or submit-
28 ting to an independent medical examination, in connection with, or as a
29 result of, any injury compensable under this chapter, if he or she has
30 been removed from the list of psychologists authorized to render psycho-
31 logical care under this chapter. This agreement shall run to the benefit
32 of the injured person so treated, and shall be available as a defense in
33 any action by such psychologist for payment for treatment rendered by
34 such psychologist after being removed from the list of psychologists
35 authorized to render psychological care or to conduct independent
36 medical examinations under this section. The psychology practice commit-
37 tee if it deems such licensed psychologist duly qualified shall recom-
38 mend to the chair that such person be authorized to render psychological
39 care and/or to conduct independent medical examinations under this
40 section. Such recommendations shall be only advisory to the chair and
41 shall not be binding or conclusive.] The chair shall prepare and estab-
42 lish a schedule for the state or schedules limited to defined localities
43 of charges and fees for psychological treatment and care, to be deter-
44 mined in accordance with and be subject to change pursuant to rules
45 promulgated by the chair. Before preparing such schedule for the state
46 or schedules for limited localities the chair shall request the psychol-
47 ogy practice committee to submit to such chair a report on the amount of
48 remuneration deemed by such committee to be fair and adequate for the
49 types of psychological care to be rendered under this chapter, but
50 consideration shall be given to the view of other interested parties.
51 The amounts payable by the employer for such treatment and services
52 shall be the fees and charges established by such schedule.
53 (b) Upon receipt of the notice provided for by paragraph (a) of this
54 subdivision, the employer, the carrier, and the claimant each shall be
55 entitled to have the claimant examined by a qualified psychologist,
56 authorized by the chair in accordance with [subdivision three of this]
S. 1505--A 166 A. 2005--A
1 section thirteen-b and section one hundred thirty-seven of this chapter,
2 at a medical facility convenient to the claimant and in the presence of
3 the claimant's psychologist, and refusal by the claimant to submit to
4 such independent medical examination at such time or times as may
5 reasonably be necessary in the opinion of the board shall bar the claim-
6 ant from recovering compensation, for any period during which he or she
7 has refused to submit to such examination.
8 § 7. Section 54-b of the workers' compensation law, as amended by
9 chapter 6 of the laws of 2007, is amended to read as follows:
10 § 54-b. Enforcement on failure to pay award or judgment. In case of
11 default by a carrier or self-insured employer in the payment of any
12 compensation due under an award for the period of thirty days after
13 payment is due and payable, or in the case of failure by a carrier or
14 self-insured employer to make full payment of an award for medical care
15 or supplies issued by the board or the chair pursuant to section thir-
16 teen-g of this chapter, the chair in any such case or on the chair's
17 consent any party to an award may file with the county clerk for the
18 county in which the injury occurred or the county in which the carrier
19 or self-insured employer has his or her principal place of business, (1)
20 a certified copy of the decision of the board awarding compensation or
21 ending, diminishing or increasing compensation previously awarded, from
22 which no appeal has been taken within the time allowed therefor, or if
23 an appeal has been taken by a carrier or self-insured employer who has
24 not complied with the provisions of section fifty of this article, where
25 he or she fails to deposit with the chair the amount of the award as
26 security for its payment within ten days after the same is due and paya-
27 ble, or (2) a certified copy of the award for medical care or supplies
28 issued pursuant to section thirteen-g of this chapter, and thereupon
29 judgment must be entered in the supreme court by the clerk of such coun-
30 ty in conformity therewith immediately upon such filing. If the payment
31 in default be an installment, the board may declare the entire award due
32 and judgment may be entered in accordance with the provisions of this
33 section. Such judgment shall be entered in the same manner, have the
34 same effect and be subject to the same proceedings as though rendered in
35 a suit duly heard and determined by the supreme court, except that no
36 appeal may be taken therefrom. The court shall vacate or modify such
37 judgment to conform to any later award or decision of the board upon
38 presentation of a certified copy of such award or decision. The award
39 may be so compromised by the board as in the discretion of the board may
40 best serve the interest of the persons entitled to receive the compen-
41 sation or benefits. Where an award has been made against a carrier or
42 self-insured employer in accordance with the provisions of subdivision
43 nine of section fifteen, or of section twenty-five-a of this chapter,
44 such an award may be similarly compromised by the board, upon notice to
45 a representative of the fund to which the award is payable, but if there
46 be no representative of any such fund, notice shall be given to such
47 representative as may be designated by the chair of the board; and
48 notwithstanding any other provision of law, such compromise shall be
49 effective without the necessity of any approval by the state comp-
50 troller. Neither the chair nor any party in interest shall be required
51 to pay any fee to any public officer for filing or recording any paper
52 or instrument or for issuing a transcript of any judgment executed in
53 pursuance of this section. The carrier or self-insured employer shall be
54 liable for all costs and attorneys fees necessary to enforce the award.
55 For the purposes of this section, the term "carrier" shall include the
56 state insurance fund and any stock corporation, mutual corporation or
S. 1505--A 167 A. 2005--A
1 reciprocal insurer authorized to transact the business of workers'
2 compensation insurance in this state.
3 § 8. This act shall take effect on the ninetieth day after it shall
4 have become a law.
5 PART DD
6 Section 1. Section 14 of part J of chapter 62 of the laws of 2003
7 amending the county law and other laws relating to fees collected, as
8 amended by section 7 of part K of chapter 56 of the laws of 2010, is
9 amended to read as follows:
10 § 14. Notwithstanding the provisions of any other law: (a) the fee
11 collected by the office of court administration for the provision of
12 criminal history searches and other searches for data kept electron-
13 ically by the unified court system shall be [sixty-five] ninety dollars;
14 (b) [thirty-five] sixty dollars of each such fee collected shall be
15 deposited in the indigent legal services fund established by section
16 98-b of the state finance law, as added by section twelve of this act,
17 (c) nine dollars of each such fee collected shall be deposited in the
18 legal services assistance fund established by section 98-c of the state
19 finance law, as added by section nineteen of this act, (d) sixteen
20 dollars of each such fee collected shall be deposited to the judiciary
21 data processing offset fund established by section 94-b of the state
22 finance law, and (e) the remainder shall be deposited in the general
23 fund.
24 § 2. Subdivision 4 of section 468-a of the judiciary law, as amended
25 by section 9 of part K of chapter 56 of the laws of 2010, is amended to
26 read as follows:
27 4. The biennial registration fee shall be [three] four hundred [seven-
28 ty-five] twenty-five dollars, sixty dollars of which shall be allocated
29 to and be deposited in a fund established pursuant to the provisions of
30 section ninety-seven-t of the state finance law, [fifty] one hundred
31 dollars of which shall be allocated to and shall be deposited in a fund
32 established pursuant to the provisions of section ninety-eight-b of the
33 state finance law, twenty-five dollars of which shall be allocated to be
34 deposited in a fund established pursuant to the provisions of section
35 ninety-eight-c of the state finance law, and the remainder of which
36 shall be deposited in the attorney licensing fund. Such fee shall be
37 required of every attorney who is admitted and licensed to practice law
38 in this state, whether or not the attorney is engaged in the practice of
39 law in this state or elsewhere, except attorneys who certify to the
40 chief administrator of the courts that they have retired from the prac-
41 tice of law.
42 § 3. This act shall take effect immediately.
43 PART EE
44 Section 1. Subdivision 1 of section 20.60 of the criminal procedure
45 law, is amended to read as follows:
46 1. An oral or written statement made by a person in one jurisdiction
47 to a person in another jurisdiction by means of telecommunication, mail
48 or any other method of communication is deemed to be made in each such
49 jurisdiction. For purposes of this subdivision, such statement shall
50 include testimony given pursuant to subdivision four-a of section 190.30
51 of this chapter.
S. 1505--A 168 A. 2005--A
1 § 2. Subdivision 1 of section 50.10 of the criminal procedure law, is
2 amended to read as follows:
3 1. "Immunity." A person who has been a witness in a legal proceeding,
4 and [who cannot, except as otherwise provided in this subdivision, be
5 convicted of any offense or subjected to any penalty or forfeiture for
6 or on account of any transaction, matter or thing concerning which he
7 gave evidence therein, possesses "immunity" from any such conviction,
8 penalty or forfeiture], neither the evidence given by such witness nor
9 any evidence derived directly or indirectly therefrom may be used
10 against the witness in the same or any other criminal proceeding,
11 possesses "immunity". A person who possesses such immunity may neverthe-
12 less be convicted of perjury as a result of having given false testimony
13 in such legal proceeding, and may be convicted of or adjudged in
14 contempt as a result of having contumaciously refused to give evidence
15 therein, and the evidence given by the person at the proceeding at which
16 the person possessed immunity may be used against such person in any
17 such prosecution for perjury or judgement for contempt.
18 § 3. Section 60.22 of the criminal procedure law is amended by adding
19 a new subdivision 4 to read as follows:
20 4. For purposes of this section, "corroborative evidence" shall mean
21 evidence from one or more other accomplices.
22 § 4. Paragraph (b) of subdivision 1 of section 170.30 of the criminal
23 procedure law, is amended and a new subdivision 5 is added to read as
24 follows:
25 (b) [The defendant has received immunity from prosecution for the
26 offense charged, pursuant to sections 50.20 or 190.40;] Allegations in
27 the information, simplified information, prosecutor's information or
28 misdemeanor complaint are based on evidence protected by immunity as
29 defined in subdivision one of section 50.10 of this chapter; or
30 5. Where the defendant establishes in his or her motion that immunity
31 has been conferred on him or her, the people must then establish, by a
32 preponderance of the evidence, that such evidence was not derived,
33 directly or indirectly, from the evidence as to which such immunity was
34 conferred. A motion seeking relief on this ground shall not be enter-
35 tained before a motion made pursuant to subdivision eight of section
36 710.20 of this chapter, seeking suppression of potential evidence as to
37 the use of which the defendant possesses immunity, has been resolved.
38 Upon grant of such a motion, the court shall dismiss the instrument;
39 otherwise, the court must deny the motion to dismiss.
40 § 5. Paragraph (g) of subdivision 3 of section 190.30 of the criminal
41 procedure law, as added by chapter 690 of the laws of 2005, is amended
42 and a new paragraph (h) is added to read as follows:
43 (g) that person's ownership of, or possessory right in, a credit card
44 account number or debit card account number, and the defendant's lack of
45 superior or equal right to use or possession thereof[.];
46 (h) that a person's ownership of, or possessory right in, personal
47 identifying information, as defined in subdivision one of section 190.77
48 of the penal law, or a personal identification number, as defined in
49 paragraph b of subdivision two of section 190.77 of the penal law, as
50 any number or code which may be used alone or in conjunction with any
51 other information to assume the identity of another person or access
52 financial resources or credit of another person and the defendant's lack
53 of superior or equal right to use or possession thereof.
54 § 6. Section 190.30 of the criminal procedure law is amended by adding
55 a new subdivision 4-a to read as follows:
S. 1505--A 169 A. 2005--A
1 4-a. Whenever the district attorney has reason to believe that a
2 witness, other than a witness who waives immunity pursuant to section
3 190.40 of this article, including a defendant testifying on his or her
4 own behalf pursuant to subdivision five of section 190.50 of this arti-
5 cle, is located either out-of-state or more than one hundred miles from
6 the grand jury proceeding, the person may provide live testimony by
7 closed circuit video or videoconferencing in the same manner as if the
8 witness had testified in person. The audiovisual technology used pursu-
9 ant to this section shall seek to ensure that the communication be
10 reasonably secure from interception or eavesdropping by anyone other
11 than the persons communicating, and must ensure that the witness may be
12 clearly heard, seen and examined.
13 (a) The testimony of the witness shall be:
14 (i) taken by a certified videographer who is in the physical presence
15 of the witness. The certified videographer shall sign a written declara-
16 tion which states that the witness does not possess any notes or other
17 materials to assist in the witness's testimony;
18 (ii) recorded and preserved through the use of audiovisual recording
19 technology; and
20 (iii) transcribed by a certified court reporter.
21 (b) Before giving testimony, the witness shall be sworn and sign a
22 written declaration, which acknowledges that the witness is alone in the
23 room where the testimony is being taken, that, to his or her knowledge,
24 no one other than the certified videographer is hearing his or her
25 testimony, that the witness understands that he or she is subject to the
26 jurisdiction of the courts of this state and may be subject to criminal
27 prosecution for the commission of any crime in connection with his or
28 her testimony, including, without limitation, perjury and contempt, and
29 that the witness consents to such jurisdiction.
30 (c) The original recorded testimony of the witness must be delivered
31 to the certified court reporter.
32 § 7. Paragraph (a) of subdivision 8 of section 190.30 of the criminal
33 procedure law, as added by chapter 279 of the laws of 2008, is amended
34 to read as follows:
35 (a) [A business record may be received in such grand jury proceedings
36 as evidence of the following facts and similar facts stated therein:
37 (i) a person's use of, subscription to and charges and payments for
38 communication equipment and services including but not limited to equip-
39 ment or services provided by telephone companies and internet service
40 providers, but not including recorded conversations or images communi-
41 cated thereby; and
42 (ii) financial transactions, and a person's ownership or possessory
43 interest in any account, at a bank, insurance company, brokerage,
44 exchange or banking organization as defined in section two of the bank-
45 ing law.] All business records as defined in subdivision (a) of rule
46 forty-five hundred eighteen of the civil practice law and rules and
47 sections three hundred two and three hundred six of the state technology
48 law may be received in such grand jury proceedings as evidence of the
49 facts stated therein.
50 § 8. Section 210.35 of the criminal procedure law is amended by adding
51 a new subdivision 4-a to read as follows:
52 4-a. Evidence protected by use immunity was used to obtain the indict-
53 ment. A motion seeking relief on this ground shall not be entertained
54 before a motion made pursuant to subdivision eight of section 710.20 of
55 this chapter, seeking suppression of potential evidence as to the use of
56 which the defendant possesses immunity, has been resolved. Upon the
S. 1505--A 170 A. 2005--A
1 granting of such a motion, the court shall dismiss the indictment;
2 otherwise, the court shall deny the motion to dismiss; or
3 § 9. The opening paragraph and subdivisions 6 and 7 of section 710.20
4 of the criminal procedure law, the opening paragraph as amended by chap-
5 ter 8 of the laws of 1976, subdivision 6 as amended by section 5 of part
6 VVV of chapter 59 of the laws of 2017, and subdivision 7 as added by
7 chapter 744 of the laws of 1988, are amended and a new subdivision 8 is
8 added to read as follows:
9 Upon motion of a defendant who (a) is aggrieved by unlawful or improp-
10 er acquisition of evidence and has reasonable cause to believe that such
11 may be offered against him or her in a criminal action, [or] (b) claims
12 that improper identification testimony may be offered against him or her
13 in a criminal action, or (c) claims that evidence as to the use of which
14 he or she possesses immunity, as defined in subdivision one of section
15 50.10 of this chapter, may be offered against him or her in a criminal
16 action, a court may, under circumstances prescribed in this article,
17 order that such evidence be suppressed or excluded upon the ground that
18 it:
19 6. Consists of potential testimony regarding an observation of the
20 defendant either at the time or place of the commission of the offense
21 or upon some other occasion relevant to the case, which potential testi-
22 mony would not be admissible upon the prospective trial of such charge
23 owing to an improperly made previous identification of the defendant or
24 of a pictorial, photographic, electronic, filmed or video recorded
25 reproduction of the defendant by the prospective witness. A claim that
26 the previous identification of the defendant or of a pictorial, photo-
27 graphic, electronic, filmed or video recorded reproduction of the
28 defendant by a prospective witness did not comply with paragraph (c) of
29 subdivision one of section 60.25 of this chapter or with the protocol
30 promulgated in accordance with subdivision twenty-one of section eight
31 hundred thirty-seven of the executive law shall not constitute a legal
32 basis to suppress evidence pursuant to this subdivision. A claim that a
33 public servant failed to comply with paragraph (c) of subdivision one of
34 section 60.25 of this chapter or of subdivision twenty-one of section
35 eight hundred thirty-seven of the executive law shall neither expand nor
36 limit the rights an accused person may derive under the constitution of
37 this state or of the United States[.]; or
38 7. Consists of information obtained by means of a pen register or trap
39 and trace device installed or used in violation of the provisions of
40 article seven hundred five of this chapter[.]; or
41 8. Consists of potential evidence as to the use of which the defendant
42 possesses immunity. Where the defendant establishes that immunity has
43 been conferred on him or her, the people must then establish, by a
44 preponderance of the evidence, that such evidence was not derived,
45 directly or indirectly, from the evidence as to which immunity was
46 conferred.
47 § 10. This act shall take effect on the ninetieth day after it shall
48 have become a law.
49 PART FF
50 Section 1. Subject to the provisions of this act, the town of Hast-
51 ings, in the county of Oswego, acting by and through its governing body
52 and upon such terms and conditions as determined by such body, is hereby
53 authorized to discontinue as parklands and to transfer ownership of the
54 lands described in section three of this act, to the New York Division
S. 1505--A 171 A. 2005--A
1 of State Police for the purpose of providing necessary land for the
2 construction of a Division of State Police station.
3 § 2. The authorization contained in section one of this act shall take
4 effect only upon the condition that the town of Hastings shall dedicate
5 an amount equal to or greater than the fair market value of the park-
6 lands being discontinued towards the acquisition of new parklands and/or
7 capital improvements to existing park and recreational facilities.
8 § 3. The parklands authorized by section one of this act to be alien-
9 ated are described as follows: All that tract or parcel of land situate
10 in the Town of Hastings, County of Oswego and State of New York, being
11 part of Lot No. 28 and being part of Lot No. 29 in Township No. 13 of
12 Scriba's Patent, and being part of the lands conveyed from F. Don Sweet
13 to the Town of Hastings by deed dated April 16, 1969 and recorded at the
14 Oswego County Clerk's Office on April 16, 1969 in Book of Deeds 712 at
15 Page 116 and being more particularly described as follows:
16 Beginning at the southwesterly corner of lands of the Town of Hastings
17 (712/116), being a point on the southerly bounds of Lot No. 28, also
18 being the centerline of Wilson Road per deed (712/116), said point being
19 easterly a distance of 645 feet, more or less, from the nominal center-
20 line intersection of Wilson Road and U.S. Route No. 11;
21 Thence running N. 28° 53' 09" E. along the easterly bounds of The Town
22 of Hastings (712/141) a distance of 435.60 feet to a point; thence S.
23 61° 57' 15" E. a distance of 300.00 feet to a point; thence S. 28° 53'
24 09" W. a distance of 435.60 feet to the southerly bounds of Lot No. 29;
25 thence N. 61° 57' 15" W. a distance of 300.00 feet to the point and
26 place of beginning containing 3.0 acres of land, more or less.
27 Subject to any and all easements and restrictions of record and the
28 highway rights of the public and the Town of Hastings in and to the
29 portion of Wilson Road lying within the bounds of the above described
30 parcel.
31 § 4. If the parkland that is described in section three of this act
32 has received funding pursuant to the federal land and water conservation
33 fund, the discontinuance of parklands authorized by section one of this
34 act shall not occur until the town of Hastings has complied with the
35 federal requirements pertaining to the conversion of parklands, includ-
36 ing satisfying the secretary of the interior that the discontinuance
37 with all conditions which the secretary of the interior deems necessary
38 to assure the substitution of other lands shall be equivalent in fair
39 market value and recreational usefulness to the lands being discontin-
40 ued.
41 § 5. This act shall take effect immediately.
42 PART GG
43 Section 1. Subdivisions 3 and 5 of section 97-g of the state finance
44 law, subdivision 3 as amended by section 62 of part HH of chapter 57 of
45 the laws of 2013 and subdivision 5 as amended by section 1 of subpart A
46 of part C of chapter 97 of the laws of 2011, are amended to read as
47 follows:
48 3. Moneys of the fund shall be available to the commissioner of gener-
49 al services for the purchase of food, supplies and equipment for state
50 agencies, and for the purpose of furnishing or providing centralized
51 services to or for state agencies; provided further that such moneys
52 shall be available to the commissioner of general services for purposes
53 pursuant to items (d) and (f) of subdivision four of this section to or
54 for political subdivisions, public authorities, and public benefit
S. 1505--A 172 A. 2005--A
1 corporations. Beginning the first day of April, two thousand two, moneys
2 in such fund shall also be transferred by the state comptroller to the
3 revenue bond tax fund account of the general debt service fund in
4 amounts equal to those required for payments to authorized issuers for
5 revenue bonds issued pursuant to article five-C and article five-F of
6 this chapter for the purpose of lease purchases and installment
7 purchases by or for state agencies and institutions for personal or real
8 property purposes.
9 5. The amount expended from such fund for the above-stated purposes
10 shall be charged against the agency [or], political [subdivisions]
11 subdivision, public authority or public benefit corporation above
12 receiving such food, supplies, equipment and services and all payments
13 received therefor shall be credited to such fund.
14 § 2. Section 3 of chapter 410 of the laws of 2009, amending the state
15 finance law relating to authorizing the aggregate purchases of energy
16 for state agencies, institutions, local governments, public authorities
17 and public benefit corporations, as amended by section 1 of part G of
18 chapter 55 of the laws of 2014, is amended to read as follows:
19 § 3. This act shall take effect immediately [and shall expire and be
20 deemed repealed July 31, 2019].
21 § 3. Section 9 of subpart A of part C of chapter 97 of the laws of
22 2011, amending the state finance law and other laws relating to provid-
23 ing certain centralized service to political subdivisions and extending
24 the authority of the commissioner of general services to aggregate
25 purchases of energy for state agencies and political subdivisions, as
26 amended by section 2 of part G of chapter 55 of the laws of 2014, is
27 amended to read as follows:
28 § 9. This act shall take effect immediately, provided, however that:
29 1. sections [one,] four, five, six and seven of this act shall expire
30 and be deemed repealed July 31, [2019] 2024;
31 2. the amendments to subdivision 4 of section 97-g of the state
32 finance law made by section two of this act shall survive the expiration
33 and reversion of such subdivision as provided in section 3 of chapter
34 410 of the laws of 2009, as amended;
35 3. sections four, five, six and seven of this act shall apply to any
36 contract let or awarded on or after such effective date.
37 § 4. This act shall take effect immediately.
38 PART HH
39 Section 1. Subdivision 2 of section 9 of the public buildings law, as
40 amended by section 2 of part M of chapter 55 of the laws of 2015, is
41 amended to read as follows:
42 2. Notwithstanding any other provision of this law or any general or
43 special law, where there is a construction emergency, as defined by
44 subdivision one of this section, the commissioner of general services
45 may, upon written notice of such construction emergency from an author-
46 ized officer of the department or agency having jurisdiction of the
47 property, let emergency contracts for public work or the purchase of
48 supplies, materials or equipment without complying with formal compet-
49 itive bidding requirements, provided that all such contracts shall be
50 subject to the approval of the attorney general and the comptroller and
51 that no such contract shall exceed [six hundred thousand] two million
52 dollars. Such emergency contracts shall be let only for work necessary
53 to remedy or ameliorate a construction emergency.
S. 1505--A 173 A. 2005--A
1 § 2. Section 3 of chapter 674 of the laws of 1993, amending the public
2 buildings law relating to value limitations on contracts, as amended by
3 section 1 of part L of chapter 55 of the laws of 2017, is amended to
4 read as follows:
5 § 3. This act shall take effect immediately [and shall remain in full
6 force and effect only until June 30, 2019].
7 § 3. This act shall take effect immediately.
8 PART II
9 Section 1. This Part enacts into law major components of legislation
10 that remove unnecessary barriers to reentry of people with criminal
11 histories into society. This Part removes mandatory bars on licensing
12 and employment for people with criminal convictions in the categories
13 enumerated therein and replace them with individualized review processes
14 using the factors set out in article 23-A of the correction law. This
15 Part removes mandatory drivers license suspension for non-driving drug
16 offenses. This Part prohibits disclosure of mugshots and arrest informa-
17 tion by amending the freedom of information law. This Part also amends
18 provisions of law to enact into law major components of legislation to
19 prevent the use in a civil context, of past arrest information that did
20 not result in a conviction because no disposition has been reported, or
21 the case has been adjourned in contemplation of dismissal, or because
22 arrest and arraignment charges were not followed by a corresponding
23 conviction on those charges. This information would still be able to be
24 seen and used by law enforcement and in criminal proceedings. Finally,
25 this Part establishes compassionate parole for incarcerated individuals
26 over the age of 55 who have incapacitating medical conditions exacerbat-
27 ed by age. Each component is wholly contained with a Subpart identified
28 as Subparts A through P. Any provision in any section contained within a
29 Subpart, including the effective date of the Subpart, which makes refer-
30 ence to a section "of this act", when used in connection with that
31 particular component, shall be deemed to mean and refer to the corre-
32 sponding section of the Subpart in which it is found. Section three of
33 this Part sets forth the general effective date of this Part.
34 SUBPART A
35 Section 1. Subdivision 6 of section 369 of the banking law, as amended
36 by chapter 164 of the laws of 2003, paragraph (b) as amended by section
37 6 of part LL of chapter 56 of the laws of 2010, is amended to read as
38 follows:
39 6. The superintendent may, consistent with article twenty-three-A of
40 the correction law, refuse to issue a license pursuant to this article
41 if he shall find that the applicant, or any person who is a director,
42 officer, partner, agent, employee or substantial stockholder of the
43 applicant, (a) has been convicted of a crime in any jurisdiction or (b)
44 is associating or consorting with any person who has, or persons who
45 have, been convicted of a crime or crimes in any jurisdiction or juris-
46 dictions[; provided, however, that the superintendent shall not issue
47 such a license if he shall find that the applicant, or any person who is
48 a director, officer, partner, agent, employee or substantial stockholder
49 of the applicant, has been convicted of a felony in any jurisdiction or
50 of a crime which, if committed within this state, would constitute a
51 felony under the laws thereof]. For the purposes of this article, a
52 person shall be deemed to have been convicted of a crime if such person
S. 1505--A 174 A. 2005--A
1 shall have pleaded guilty to a charge thereof before a court or magis-
2 trate, or shall have been found guilty thereof by the decision or judg-
3 ment of a court or magistrate or by the verdict of a jury, irrespective
4 of the pronouncement of sentence or the suspension thereof[, unless such
5 plea of guilty, or such decision, judgment or verdict, shall have been
6 set aside, reversed or otherwise abrogated by lawful judicial process or
7 unless the person convicted of the crime shall have received a pardon
8 therefor from the president of the United States or the governor or
9 other pardoning authority in the jurisdiction where the conviction was
10 had, or shall have received a certificate of relief from disabilities or
11 a certificate of good conduct pursuant to article twenty-three of the
12 correction law to remove the disability under this article because of
13 such conviction]. The term "substantial stockholder," as used in this
14 subdivision, shall be deemed to refer to a person owning or controlling
15 ten per centum or more of the total outstanding stock of the corporation
16 in which such person is a stockholder. In making a determination pursu-
17 ant to this subdivision, the superintendent shall require fingerprinting
18 of the applicant. Such fingerprints shall be submitted to the division
19 of criminal justice services for a state criminal history record check,
20 as defined in subdivision one of section three thousand thirty-five of
21 the education law, and may be submitted to the federal bureau of inves-
22 tigation for a national criminal history record check.
23 § 2. This act shall take effect immediately.
24 SUBPART B
25 Section 1. Paragraph (f) of subdivision 7 of section 2590-b of the
26 education law, as added by chapter 345 of the laws of 2009, is amended
27 to read as follows:
28 (f) A person [who has been convicted of a felony, or has been removed
29 from a city-wide council established pursuant to this section or commu-
30 nity district education council for any of the following shall] may be
31 permanently ineligible for appointment to a city-wide council for any of
32 the following:
33 (i) an act of malfeasance directly related to his or her service on
34 such city-wide council or community district education council; or
35 (ii) conviction of a crime, if such crime is directly related to his
36 or her service upon such city-wide council or community district educa-
37 tion council, or if service upon such council would involve an unreason-
38 able risk to property or to the safety or welfare of specific individ-
39 uals or the general public.
40 § 2. Subdivision 5 of section 2590-c of the education law, as amended
41 by chapter 345 of the laws of 2009, is amended to read as follows:
42 5. No person may serve on more than one community council or on the
43 city-wide council on special education, the city-wide council on English
44 language learners, or the city-wide council on high schools and a commu-
45 nity council. A member of a community council shall be ineligible to be
46 employed by the community council of which he or she is a member, any
47 other community council, the city-wide council on special education, the
48 city-wide council on English language learners, the city-wide council on
49 high schools, or the city board. No person shall be eligible for member-
50 ship on a community council if he or she holds any elective public
51 office or any elective or appointed party position except that of dele-
52 gate or alternate delegate to a national, state, judicial or other party
53 convention, or member of a county committee.
S. 1505--A 175 A. 2005--A
1 A person [who has been convicted of a felony, or has been removed from
2 a community school board, community district education council, or the
3 city-wide council on special education, the city-wide council on English
4 language learners, or the city-wide council on high schools for any of
5 the following shall] may be permanently ineligible for appointment to
6 any community district education council for any of the following: (a)
7 an act of malfeasance directly related to his or her service on the
8 city-wide council on special education, the city-wide council on English
9 language learners, the city-wide council on high schools, community
10 school board or community district education council; or (b) conviction
11 of a crime, if such crime is directly related to his or her service upon
12 the city-wide council on special education, the city-wide council on
13 English language learners, the city-wide council on high schools, commu-
14 nity school board or community district education council, or if service
15 upon such council would involve an unreasonable risk to property or to
16 the safety or welfare of specific individuals or the general public.
17 Any decision rendered by the chancellor or the city board with respect
18 to the eligibility or qualifications of the nominees for community
19 district education councils must be written and made available for
20 public inspection within seven days of its issuance at the office of the
21 chancellor and the city board. Such written decision shall include the
22 factual and legal basis for its issuance and a record of the vote of
23 each board member who participated in the decision, if applicable.
24 § 3. This act shall take effect immediately, provided that the amend-
25 ments to subdivision 7 of section 2590-b of the education law made by
26 section one of this act shall not affect the repeal of such subdivision
27 and shall be deemed repealed therewith; provided, further, that the
28 amendments to subdivision 5 of section 2590-c of the education law made
29 by section two of this act shall not affect the repeal of such subdivi-
30 sion and shall be deemed to repeal therewith.
31 SUBPART C
32 Section 1. Clauses 1 and 5 of paragraph (c) of subdivision 2 of
33 section 435 of the executive law, clause 1 as amended by chapter 371 of
34 the laws of 1974 and clause 5 as amended by 437 of the laws of 1962, are
35 amended to read as follows:
36 (1) a person convicted of a crime [who has not received a pardon, a
37 certificate of good conduct or a certificate of relief from disabili-
38 ties] if there is a direct relationship between one or more of the
39 previous criminal offenses and the integrity and safety of bingo,
40 considering the factors set forth in article twenty-three-A of the
41 correction law;
42 (5) a firm or corporation in which a person defined in [subdivision]
43 clause (1), (2), (3) or (4) [above] of this paragraph, or a person
44 married or related in the first degree to such a person, has greater
45 than a ten [per centum] percent proprietary, equitable or credit inter-
46 est or in which such a person is active or employed.
47 § 2. This act shall take effect immediately.
48 SUBPART D
49 Section 1. Subdivision 1 of section 130 of the executive law, as
50 amended by section 1 of part LL of chapter 56 of the laws of 2010, para-
51 graph (g) as separately amended by chapter 232 of the laws 2010, is
52 amended to read as follows:
S. 1505--A 176 A. 2005--A
1 1. The secretary of state may appoint and commission as many notaries
2 public for the state of New York as in his or her judgment may be deemed
3 best, whose jurisdiction shall be co-extensive with the boundaries of
4 the state. The appointment of a notary public shall be for a term of
5 four years. An application for an appointment as notary public shall be
6 in form and set forth such matters as the secretary of state shall
7 prescribe. Every person appointed as notary public must, at the time of
8 his or her appointment, be a citizen of the United States and either a
9 resident of the state of New York or have an office or place of business
10 in New York state. A notary public who is a resident of the state and
11 who moves out of the state but still maintains a place of business or an
12 office in New York state does not vacate his or her office as a notary
13 public. A notary public who is a nonresident and who ceases to have an
14 office or place of business in this state, vacates his or her office as
15 a notary public. A notary public who is a resident of New York state and
16 moves out of the state and who does not retain an office or place of
17 business in this state shall vacate his or her office as a notary
18 public. A non-resident who accepts the office of notary public in this
19 state thereby appoints the secretary of state as the person upon whom
20 process can be served on his or her behalf. Before issuing to any appli-
21 cant a commission as notary public, unless he or she be an attorney and
22 counsellor at law duly admitted to practice in this state or a court
23 clerk of the unified court system who has been appointed to such posi-
24 tion after taking a civil service promotional examination in the court
25 clerk series of titles, the secretary of state shall satisfy himself or
26 herself that the applicant is of good moral character, has the equiv-
27 alent of a common school education and is familiar with the duties and
28 responsibilities of a notary public; provided, however, that where a
29 notary public applies, before the expiration of his or her term, for
30 reappointment with the county clerk or where a person whose term as
31 notary public shall have expired applies within six months thereafter
32 for reappointment as a notary public with the county clerk, such quali-
33 fying requirements may be waived by the secretary of state, and further,
34 where an application for reappointment is filed with the county clerk
35 after the expiration of the aforementioned renewal period by a person
36 who failed or was unable to re-apply by reason of his or her induction
37 or enlistment in the armed forces of the United States, such qualifying
38 requirements may also be waived by the secretary of state, provided such
39 application for reappointment is made within a period of one year after
40 the military discharge of the applicant under conditions other than
41 dishonorable. In any case, the appointment or reappointment of any
42 applicant is in the discretion of the secretary of state. The secretary
43 of state may suspend or remove from office, for misconduct, any notary
44 public appointed by him or her but no such removal shall be made unless
45 the person who is sought to be removed shall have been served with a
46 copy of the charges against him or her and have an opportunity of being
47 heard. No person shall be appointed as a notary public under this arti-
48 cle who has been convicted, in this state or any other state or territo-
49 ry, of a [felony or any of the following offenses, to wit:
50 (a) Illegally using, carrying or possessing a pistol or other danger-
51 ous weapon; (b) making or possessing burglar's instruments; (c) buying
52 or receiving or criminally possessing stolen property; (d) unlawful
53 entry of a building; (e) aiding escape from prison; (f) unlawfully
54 possessing or distributing habit forming narcotic drugs; (g) violating
55 sections two hundred seventy, two hundred seventy-a, two hundred seven-
56 ty-b, two hundred seventy-c, two hundred seventy-one, two hundred seven-
S. 1505--A 177 A. 2005--A
1 ty-five, two hundred seventy-six, five hundred fifty, five hundred
2 fifty-one, five hundred fifty-one-a and subdivisions six, ten or eleven
3 of section seven hundred twenty-two of the former penal law as in force
4 and effect immediately prior to September first, nineteen hundred
5 sixty-seven, or violating sections 165.25, 165.30 or subdivision one of
6 section 240.30 of the penal law, or violating sections four hundred
7 seventy-eight, four hundred seventy-nine, four hundred eighty, four
8 hundred eighty-one, four hundred eighty-four, four hundred eighty-nine
9 and four hundred ninety-one of the judiciary law; or (h) vagrancy or
10 prostitution, and who has not subsequent to such conviction received an
11 executive pardon therefor or a certificate of relief from disabilities
12 or a certificate of good conduct pursuant to article twenty-three of the
13 correction law to remove the disability under this section because of
14 such conviction] crime, unless the secretary makes a finding in conform-
15 ance with all applicable statutory requirements, including those
16 contained in article twenty-three-A of the correction law, that such
17 convictions do not constitute a bar to employment.
18 § 2. This act shall take effect immediately.
19 SUBPART E
20 Section 1. Paragraphs 1 and 5 of subdivision (a) of section 189-a of
21 the general municipal law, as added by chapter 574 of the laws of 1978,
22 are amended to read as follows:
23 (1) a person convicted of a crime [who has not received a pardon, a
24 certificate of good conduct or a certificate of relief from disabili-
25 ties] if there is a direct relationship between one or more of the
26 previous criminal offenses and the integrity or safety of charitable
27 gaming, considering the factors set forth in article twenty-three-A of
28 the correction law;
29 (5) a firm or corporation in which a person defined in [subdivision]
30 paragraph (1), (2), (3) or (4) [above] of this subdivision has greater
31 than a ten [per centum] percent proprietary, equitable or credit inter-
32 est or in which such a person is active or employed.
33 § 2. Paragraph (a) of subdivision 1 of section 191 of the general
34 municipal law, as amended by section 15 of part LL of chapter 56 of the
35 laws of 2010, is amended to read as follows:
36 (a) Issuance of licenses to conduct games of chance. If such clerk or
37 department [shall determine] determines:
38 (i) that the applicant is duly qualified to be licensed to conduct
39 games of chance under this article;
40 (ii) that the member or members of the applicant designated in the
41 application to manage games of chance are bona fide active members of
42 the applicant and are persons of good moral character and have never
43 been convicted of a crime[, or,] if [convicted, have received a pardon,
44 a certificate of good conduct or a certificate of relief from disabili-
45 ties pursuant to article twenty-three of the correction law] there is a
46 direct relationship between one or more of the previous criminal
47 offenses and the integrity or safety of charitable gaming, considering
48 the factors set forth in article twenty-three-A of the correction law;
49 (iii) that such games are to be conducted in accordance with the
50 provisions of this article and in accordance with the rules and regu-
51 lations of the [board] gaming commission and applicable local laws or
52 ordinances and that the proceeds thereof are to be disposed of as
53 provided by this article[,]; and
S. 1505--A 178 A. 2005--A
1 [if such clerk or department is satisfied] (iv) that no commission,
2 salary, compensation, reward or recompense whatever will be paid or
3 given to any person managing, operating or assisting therein except as
4 in this article otherwise provided; [it] then such clerk or department
5 shall issue a license to the applicant for the conduct of games of
6 chance upon payment of a license fee of twenty-five dollars for each
7 license period.
8 § 3. Subdivision 9 of section 476 of the general municipal law, as
9 amended by chapter 1057 of the laws of 1965, paragraph (a) as amended by
10 section 16 of part LL of chapter 56 of the laws of 2010, is amended to
11 read as follows:
12 9. "Authorized commercial lessor" shall mean a person, firm or corpo-
13 ration other than a licensee to conduct bingo under the provisions of
14 this article, who or which [shall own] owns or [be] is a net lessee of
15 premises and offer the same for leasing by him, her or it to an author-
16 ized organization for any consideration whatsoever, direct or indirect,
17 for the purpose of conducting bingo therein, provided that he, she or
18 it, as the case may be, shall not be
19 (a) a person convicted of a crime [who has not received a pardon or a
20 certificate of good conduct or a certificate of relief from disabilities
21 pursuant to] if there is a direct relationship between one or more of
22 the previous criminal offenses and the integrity or safety of bingo,
23 considering the factors set forth in article [twenty-three]
24 twenty-three-A of the correction law;
25 (b) a person who is or has been a professional gambler or gambling
26 promoter or who for other reasons is not of good moral character;
27 (c) a public officer who receives any consideration, direct or indi-
28 rect, as owner or lessor of premises offered for the purpose of conduct-
29 ing bingo therein;
30 (d) a firm or corporation in which a person defined in [subdivision]
31 paragraph (a), (b) or (c) [above] of this subdivision or a person
32 married or related in the first degree to such a person has greater than
33 a ten [percentum (10%)] percent proprietary, equitable or credit inter-
34 est or in which such a person is active or employed.
35 Nothing contained in this subdivision shall be construed to bar any
36 firm or corporation [which] that is not organized for pecuniary profit
37 and no part of the net earnings of which inure to the benefit of any
38 individual, member, or shareholder, from being an authorized commercial
39 lessor solely because a public officer, or a person married or related
40 in the first degree to a public officer, is a member of, active in or
41 employed by such firm or corporation.
42 § 4. Paragraph (a) of subdivision 1 of section 481 of the general
43 municipal law, as amended by section 5 of part MM of chapter 59 of the
44 laws of 2017, is amended to read as follows:
45 (a) Issuance of licenses to conduct bingo. If the governing body of
46 the municipality determines:
47 (i) that the applicant is duly qualified to be licensed to conduct
48 bingo under this article;
49 (ii) that the member or members of the applicant designated in the
50 application to conduct bingo are bona fide active members or auxiliary
51 members of the applicant and are persons of good moral character and
52 have never been convicted of a crime [or, if convicted, have received a
53 pardon or a certificate of good conduct or a certificate of relief from
54 disabilities pursuant to article twenty-three] if there is a direct
55 relationship between one or more of the previous criminal offenses and
S. 1505--A 179 A. 2005--A
1 the integrity or safety of bingo, considering the factors set forth in
2 article twenty-three-A of the correction law;
3 (iii) that such games of bingo are to be conducted in accordance with
4 the provisions of this article and in accordance with the rules and
5 regulations of the commission[, and];
6 (iv) that the proceeds thereof are to be disposed of as provided by
7 this article[, and if the governing body is satisfied];
8 (v) that no commission, salary, compensation, reward or recompense
9 [what so ever] whatsoever will be paid or given to any person holding,
10 operating or conducting or assisting in the holding, operation and
11 conduct of any such games of bingo except as in this article otherwise
12 provided; and
13 (vi) that no prize will be offered and given in excess of the sum or
14 value of five thousand dollars in any single game of bingo and that the
15 aggregate of all prizes offered and given in all of such games of bingo
16 conducted on a single occasion[,] under said license shall not exceed
17 the sum or value of fifteen thousand dollars, then the municipality
18 shall issue a license to the applicant for the conduct of bingo upon
19 payment of a license fee of eighteen dollars and seventy-five cents for
20 each bingo occasion[; provided, however, that].
21 Notwithstanding anything to the contrary in this paragraph, the
22 governing body shall refuse to issue a license to an applicant seeking
23 to conduct bingo in premises of a licensed commercial lessor where such
24 governing body determines that the premises presently owned or occupied
25 by such applicant are in every respect adequate and suitable for
26 conducting bingo games.
27 § 5. This act shall take effect immediately.
28 SUBPART F
29 Section 1. Paragraphs 3 and 4 of subsection (d) of section 2108 of the
30 insurance law are REPEALED, and paragraph 5 is renumbered paragraph 3.
31 § 2. This act shall take effect immediately.
32 SUBPART G
33 Section 1. Section 440-a of the real property law, as amended by chap-
34 ter 81 of the laws of 1995, the first undesignated paragraph as amended
35 by section 23 of part LL of chapter 56 of the laws of 2010, is amended
36 to read as follows:
37 § 440-a. License required for real estate brokers and salesmen. No
38 person, co-partnership, limited liability company or corporation shall
39 engage in or follow the business or occupation of, or hold himself or
40 itself out or act temporarily or otherwise as a real estate broker or
41 real estate salesman in this state without first procuring a license
42 therefor as provided in this article. No person shall be entitled to a
43 license as a real estate broker under this article, either as an indi-
44 vidual or as a member of a co-partnership, or as a member or manager of
45 a limited liability company or as an officer of a corporation, unless he
46 or she is twenty years of age or over, a citizen of the United States or
47 an alien lawfully admitted for permanent residence in the United States.
48 No person shall be entitled to a license as a real estate salesman under
49 this article unless he or she is over the age of eighteen years. No
50 person shall be entitled to a license as a real estate broker or real
51 estate salesman under this article who has been convicted in this state
52 or elsewhere of a [felony, of a sex offense, as defined in subdivision
S. 1505--A 180 A. 2005--A
1 two of section one hundred sixty-eight-a of the correction law or any
2 offense committed outside of this state which would constitute a sex
3 offense, or a sexually violent offense, as defined in subdivision three
4 of section one hundred sixty-eight-a of the correction law or any
5 offense committed outside this state which would constitute a sexually
6 violent offense, and who has not subsequent to such conviction received
7 executive pardon therefor or a certificate of relief from disabilities
8 or a certificate of good conduct pursuant to article twenty-three of the
9 correction law, to remove the disability under this section because of
10 such conviction] crime, unless the secretary makes a finding in conform-
11 ance with all applicable statutory requirements, including those
12 contained in article twenty-three-A of the correction law, that such
13 convictions do not constitute a bar to licensure. No person shall be
14 entitled to a license as a real estate broker or real estate salesman
15 under this article who does not meet the requirements of section 3-503
16 of the general obligations law.
17 Notwithstanding [the above] anything to the contrary in this section,
18 tenant associations[,] and not-for-profit corporations authorized in
19 writing by the commissioner of the department of the city of New York
20 charged with enforcement of the housing maintenance code of such city to
21 manage residential property owned by such city or appointed by a court
22 of competent jurisdiction to manage residential property owned by such
23 city shall be exempt from the licensing provisions of this section with
24 respect to the properties so managed.
25 § 2. This act shall take effect immediately.
26 SUBPART H
27 Section 1. Subdivision 5 of section 336-f of the social services law,
28 as added by section 148 of part B of chapter 436 of the laws of 1997, is
29 amended to read as follows:
30 5. The social services district shall require every private or not-
31 for-profit employer that intends to hire one or more work activity
32 participants to certify to the district [that] whether such employer has
33 [not], in the past five years, been convicted of a felony or a misdemea-
34 nor the underlying basis of which involved workplace safety and health
35 or labor standards. Such employer shall also certify as to all
36 violations issued by the department of labor within the past five years.
37 The social services official in the district in which the participant is
38 placed shall determine whether there is a pattern of convictions or
39 violations sufficient to render the potential employer ineligible.
40 Employers who submit false information under this section shall be
41 subject to criminal prosecution for filing a false instrument.
42 § 2. This act shall take effect immediately.
43 SUBPART I
44 Section 1. Subdivision 9 of section 394 of the vehicle and traffic
45 law, as separately renumbered by chapters 300 and 464 of the laws of
46 1960, is amended to read as follows:
47 9. Employees. [No licensee shall knowingly employ, in connection with
48 a driving school in any capacity whatsoever, any person who has been
49 convicted of a felony, or of any crime involving violence, dishonesty,
50 deceit, indecency, degeneracy or moral turpitude] A licensee may not
51 employ, in connection with a driving school in any capacity whatsoever,
52 a person who has been convicted of a crime, if, after considering the
S. 1505--A 181 A. 2005--A
1 factors set forth in article twenty-three-A of the correction law, the
2 licensee determines that there is a direct relationship between the
3 conviction and employment in the driving school, or that employment
4 would constitute an unreasonable risk to property or to the safety of
5 students, customers, or employees of the driving school, or to the
6 general public.
7 § 2. This act shall take effect immediately.
8 SUBPART J
9 Section 1. Legislative findings. This Subpart will remove an overbroad
10 mandatory suspension of drivers' licenses for six months for people
11 convicted of state and federal drug crimes, that is unnecessary to
12 protect the safety of New York roads, as the vehicle and traffic law has
13 other provisions to suspend licenses when drug use has impaired safe
14 driving. The mandatory suspension, and the fees associated with lifting
15 it, interferes with the ability of people convicted of drug crimes to
16 work, attend treatment and otherwise live productive lives, all of which
17 are necessary for their rehabilitation. At any given time, about 8,000
18 New Yorkers have their licenses suspended because of non-driving related
19 drug convictions. This mandatory suspension was instituted in response
20 to federal law requiring states to either suspend the licenses of people
21 convicted of drug offenses, or pass a resolution expressing opposition
22 to the bill, or lose eight percent of federal highway funding. Concur-
23 rent with this bill, Resolution ___ is being presented to the legisla-
24 ture for their action; the Resolution contains the required statement of
25 opposition to mandatory suspension of driver's licenses for people
26 convicted of drug crimes in order for New York's federal funding for
27 highways to be maintained. By passing the Resolution and removing the
28 mandatory suspension, New York will join 40 other states who have taken
29 this action.
30 § 2. Subparagraphs (v), (vi) and (vii) of paragraph b of subdivision 2
31 of section 510 of the vehicle and traffic law are REPEALED.
32 § 3. This act shall take effect immediately.
33 SUBPART K
34 Section 1. Legislative findings. The legislature finds that law
35 enforcement booking information and photographs, otherwise known as
36 "mugshots," are published on the internet and other public platforms
37 with impunity. An individual's mugshot is displayed publicly even if the
38 arrest does not lead to a conviction, or the conviction is later
39 expunged, sealed, or pardoned. This practice presents an unacceptable
40 invasion of the individual's personal privacy. While there is a well-es-
41 tablished Constitutional right for the press and the public to publish
42 government records which are in the public domain or that have been
43 lawfully accessed, arrest and booking information have not been found by
44 courts to have the same public right of access as criminal court
45 proceedings or court filings. Therefore, each state can set access to
46 this information through its Freedom of Information laws. The federal
47 government has already limited access to booking photographs through
48 privacy formulations in its Freedom of Information Act, and the legisla-
49 ture hereby declares that New York will follow the same principle to
50 protect its residents from this unwarranted invasion of personal priva-
51 cy, absent a specific law enforcement purpose, such as disclosure of a
S. 1505--A 182 A. 2005--A
1 photograph to alert victims or witnesses to come forward to aid in a
2 criminal investigation.
3 § 2. Paragraph (b) of subdivision 2 of section 89 of the public offi-
4 cers law, as amended by section 11 of part U of chapter 61 of the laws
5 of 2011, is amended to read as follows:
6 (b) An unwarranted invasion of personal privacy includes, but shall
7 not be limited to:
8 i. disclosure of employment, medical or credit histories or personal
9 references of applicants for employment;
10 ii. disclosure of items involving the medical or personal records of a
11 client or patient in a medical facility;
12 iii. sale or release of lists of names and addresses if such lists
13 would be used for solicitation or fund-raising purposes;
14 iv. disclosure of information of a personal nature when disclosure
15 would result in economic or personal hardship to the subject party and
16 such information is not relevant to the work of the agency requesting or
17 maintaining it;
18 v. disclosure of information of a personal nature reported in confi-
19 dence to an agency and not relevant to the ordinary work of such agency;
20 vi. information of a personal nature contained in a workers' compen-
21 sation record, except as provided by section one hundred ten-a of the
22 workers' compensation law; [or]
23 vii. disclosure of electronic contact information, such as an e-mail
24 address or a social network username, that has been collected from a
25 taxpayer under section one hundred four of the real property tax law; or
26 viii. disclosure of law enforcement booking information about an indi-
27 vidual, including booking photographs, unless public release of such
28 information will serve a specific law enforcement purpose and disclosure
29 is not precluded by any state or federal laws.
30 § 3. This act shall take effect immediately.
31 SUBPART L
32 Section 1. The executive law is amended by adding a new section 845-c
33 to read as follows:
34 § 845-c. Criminal history record searches; undisposed cases. 1. When,
35 pursuant to statute or the regulations of the division, the division
36 conducts a search of its criminal history records and returns a report
37 thereon, all references to undisposed cases contained in such criminal
38 history record shall be excluded from such report.
39 2. For purposes of this section, "undisposed case" shall mean a crimi-
40 nal action or proceeding identified in the division's criminal history
41 record repository, for which there is no record of an unexecuted warrant
42 of arrest, superior court warrant of arrest, or bench warrant, and for
43 which there is no record of conviction or imposition of sentence or
44 other final disposition, other than the issuance of an apparently unexe-
45 cuted warrant, has been recorded and with respect to which no entry has
46 been made in the division's criminal history records for a period of at
47 least five years preceding the issuance of such report. When a criminal
48 action in the division's criminal history record repository becomes an
49 undisposed case pursuant to this section, the division shall notify the
50 district attorney in the county which has jurisdiction. If the district
51 attorney notifies the division that such case is pending and should not
52 meet the definition of an undisposed case, the case shall not be
53 excluded from such report.
S. 1505--A 183 A. 2005--A
1 3. The provisions of subdivision one of this section shall not apply
2 to criminal history record information: (a) provided by the division to
3 qualified agencies pursuant to subdivision six of section eight hundred
4 thirty-seven of this article, or to federal or state law enforcement
5 agencies, for criminal justice purposes; (b) prepared solely for a bona
6 fide research purpose; or (c) prepared for the internal record keeping
7 or case management purposes of the division.
8 § 2. Subdivision 2 of section 212 of the judiciary law is amended by
9 adding a new paragraph (x) to read as follows:
10 (x) Take such actions and adopt such measures as may be necessary to
11 ensure that no written or electronic report of a criminal history record
12 search conducted by the office of court administration, other than a
13 search conducted solely for the internal recordkeeping or case manage-
14 ment purposes of the judiciary or for a bona fide research purpose,
15 contains information relating to an undisposed case. For purposes of
16 this paragraph, "undisposed case" shall mean a criminal action or
17 proceeding, or an arrest incident, appearing in the criminal history
18 records of the office of court administration for which no conviction,
19 imposition of sentence, order of removal or other final disposition,
20 other than the issuance of an apparently unexecuted warrant, has been
21 recorded and with respect to which no entry has been made in such
22 records for a period of at least five years preceding the issuance of
23 such report. Nothing contained in this paragraph shall be deemed to
24 permit or require the release, disclosure or other dissemination by the
25 office of court administration of criminal history record information
26 that has been sealed in accordance with law.
27 § 3. This act shall take effect on the one hundred eightieth day after
28 it shall have become a law and shall apply to searches of criminal
29 history records conducted on or after such date. Prior to such effective
30 date, the division of criminal justice services, in consultation with
31 the state administrator of the unified court system as well as any other
32 public or private agency, shall undertake such measures as may be neces-
33 sary and appropriate to update its criminal history records with respect
34 to criminal cases and arrest incidents for which no final disposition
35 has been reported.
36 SUBPART M
37 Section 1. The commissioner of the division of criminal justice
38 services is authorized to direct that records of any action or proceed-
39 ing terminated in favor of the accused, as defined by section 160.50 of
40 the criminal procedure law, on or after September 1, 1976 and before
41 November 1, 1991 maintained by the division of criminal justice services
42 be sealed in the manner provided for by section 160.50 of the criminal
43 procedure law. The commissioner of the division of criminal justice
44 services is further authorized to direct that records of any action or
45 proceeding terminated by a conviction for a traffic infraction or a
46 violation, other than a violation of loitering as described in paragraph
47 (d) or (e) of subdivision 1 of section 160.50 of the criminal procedure
48 law or the violation of operating a motor vehicle while ability impaired
49 as described in subdivision one of section 1192 of the vehicle and traf-
50 fic law on or after September 1, 1980 and before November 1, 1991 main-
51 tained by the division of criminal justice services be sealed in the
52 manner provided for by section 160.55 of the criminal procedure law.
53 § 2. This act shall take effect on the one hundred eightieth day after
54 it shall have become a law.
S. 1505--A 184 A. 2005--A
1 SUBPART N
2 Section 1. The executive law is amended by adding a new section 845-d
3 to read as follows:
4 § 845-d. Criminal record searches; arrest charges without correspond-
5 ing convictions or violations. 1. When, pursuant to statute or the regu-
6 lations of the division, the division conducts a search of its criminal
7 history records and returns a report thereon, in arrest cycles that
8 result in at least one conviction or violation, all arrest and arraign-
9 ment charges in that cycle that do not result in a corresponding
10 conviction shall be excluded from such report.
11 2. For purposes of this section, "corresponding conviction" shall mean
12 a conviction or violation charge that matches one or more of the arrest
13 or arraignment charges.
14 3. The provisions of subdivision one of this section shall not apply
15 to criminal history records: (a) provided by the division to qualified
16 agencies pursuant to subdivision six of section eight hundred thirty-
17 seven of this article, or to federal or state law enforcement agencies,
18 for criminal justice purposes; (b) prepared solely for a bona fide
19 research purpose; or (c) prepared for the internal record keeping or
20 case management purposes of the division.
21 § 2. Subdivision 2 of section 212 of the judiciary law is amended by
22 adding a new paragraph (y) to read as follows:
23 (y) Take such actions and adopt such measures as may be necessary to
24 ensure that no written or electronic report of a criminal history record
25 search conducted by the office of court administration that contains an
26 arrest cycle and a criminal conviction or violation resulting from that
27 arrest, other than a search conducted for the internal recordkeeping or
28 case management purposes of the judiciary, or produced to the court, the
29 people, and defense counsel in a criminal proceeding, or for a bona fide
30 research purpose, contains information relating to arrest and arraign-
31 ment charges that do not result in a corresponding conviction. For
32 purposes of this section, "corresponding conviction" shall mean a
33 conviction or violation charge that matches one or more of the arrest or
34 arraignment charges.
35 § 3. This act shall take effect immediately.
36 SUBPART O
37 Section 1. This Subpart amends the human rights law to specify that
38 considering arrests that are followed by an order adjourning the crimi-
39 nal action in contemplation of dismissal, which adjournments are not
40 convictions or admissions of guilt under section 170.55 of the criminal
41 procedure law, is an unlawful discriminatory practice for civil
42 purposes. This Subpart amends the human rights law to clarify as well
43 that adjourning the criminal action in contemplation of dismissal is not
44 a pending arrest for purposes of this Subpart, unless the case has been
45 restored to the calendar. This Subpart also amends the same section of
46 the law to add housing and volunteer positions to employment and licens-
47 ing to the civil purposes for which past arrest information that did not
48 result in a conviction or violation can be used.
49 § 2. Subdivision 16 of section 296 of the executive law, as amended by
50 section 48-a of part WWW of chapter 59 of the laws of 2017, is amended
51 to read as follows:
52 16. It shall be an unlawful discriminatory practice, unless specif-
53 ically required or permitted by statute, for any person, agency, bureau,
S. 1505--A 185 A. 2005--A
1 corporation or association, including the state and any political subdi-
2 vision thereof, to make any inquiry about, whether in any form of appli-
3 cation or otherwise, or to act upon adversely to the individual
4 involved, any arrest or criminal accusation of such individual not then
5 pending against that individual which was followed by a termination of
6 that criminal action or proceeding in favor of such individual, as
7 defined in subdivision two of section 160.50 of the criminal procedure
8 law, or by an order adjourning the criminal action in contemplation of
9 dismissal, pursuant to section 170.55, 170.56, 210.46, 210.47, or 215.10
10 of the criminal procedure law, or by a youthful offender adjudication,
11 as defined in subdivision one of section 720.35 of the criminal proce-
12 dure law, or by a conviction for a violation sealed pursuant to section
13 160.55 of the criminal procedure law or by a conviction which is sealed
14 pursuant to section 160.59 or 160.58 of the criminal procedure law, in
15 connection with the licensing, housing, employment, including volunteer
16 positions, or providing of credit or insurance to such individual;
17 provided, further, that no person shall be required to divulge informa-
18 tion pertaining to any arrest or criminal accusation of such individual
19 not then pending against that individual which was followed by a termi-
20 nation of that criminal action or proceeding in favor of such individ-
21 ual, as defined in subdivision two of section 160.50 of the criminal
22 procedure law, or by an order adjourning the criminal action in contem-
23 plation of dismissal, pursuant to section 170.55 or 170.56 of the crimi-
24 nal procedure law, or by a youthful offender adjudication, as defined in
25 subdivision one of section 720.35 of the criminal procedure law, or by a
26 conviction for a violation sealed pursuant to section 160.55 of the
27 criminal procedure law, or by a conviction which is sealed pursuant to
28 section 160.58 or 160.59 of the criminal procedure law. The provisions
29 of this subdivision shall not apply to the licensing activities of
30 governmental bodies in relation to the regulation of guns, firearms and
31 other deadly weapons or in relation to an application for employment as
32 a police officer or peace officer as those terms are defined in subdivi-
33 sions thirty-three and thirty-four of section 1.20 of the criminal
34 procedure law; provided further that the provisions of this subdivision
35 shall not apply to an application for employment or membership in any
36 law enforcement agency with respect to any arrest or criminal accusation
37 which was followed by a youthful offender adjudication, as defined in
38 subdivision one of section 720.35 of the criminal procedure law, or by a
39 conviction for a violation sealed pursuant to section 160.55 of the
40 criminal procedure law, or by a conviction which is sealed pursuant to
41 section 160.58 or 160.59 of the criminal procedure law. For purposes of
42 this subdivision, an action which has been adjourned in contemplation of
43 dismissal, pursuant to section 170.55 or 170.56 of the criminal proce-
44 dure law, shall not be considered a pending action, unless the case has
45 been restored to the calendar.
46 § 3. This act shall take effect on the ninetieth day after it shall
47 have become a law.
48 SUBPART P
49 Section 1. The executive law is amended by adding a new section 259-t
50 to read as follows:
51 § 259-t. Release on compassionate parole for inmates who are affected
52 by an age-related debility. 1. (a) The board shall have the power to
53 release on compassionate parole any inmate who is at least fifty-five
54 years of age, serving an indeterminate or determinate sentence of impri-
S. 1505--A 186 A. 2005--A
1 sonment who, pursuant to subdivision two of this section, has been
2 certified to be suffering from a chronic or serious condition, disease,
3 syndrome, or infirmity, exacerbated by age, that has rendered the inmate
4 so physically or cognitively debilitated or incapacitated that the abil-
5 ity to provide self-care within the environment of a correctional facil-
6 ity is substantially diminished, provided, however, that no inmate serv-
7 ing a sentence imposed upon a conviction for murder in the first degree,
8 aggravated murder or an attempt or conspiracy to commit murder in the
9 first degree or aggravated murder or a sentence of life without parole
10 shall be eligible for such release, and provided further that no inmate
11 shall be eligible for such release unless in the case of an indetermi-
12 nate sentence he or she has served at least one-half of the minimum
13 period of the sentence and in the case of a determinate sentence he or
14 she has served at least one-half of the term of his or her determinate
15 sentence. Solely for the purpose of determining compassionate parole
16 eligibility pursuant to this section, such one-half of the minimum peri-
17 od of the indeterminate sentence and one-half of the term of the deter-
18 minate sentence shall not be credited with any time served under the
19 jurisdiction of the department prior to the commencement of such
20 sentence pursuant to the opening paragraph of subdivision one of section
21 70.30 of the penal law or subdivision two-a of section 70.30 of the
22 penal law, except to the extent authorized by subdivision three of
23 section 70.30 of the penal law.
24 (b) Such release shall be granted only after the board considers
25 whether, in light of the inmate's condition, there is a reasonable prob-
26 ability that the inmate, if released, will live and remain at liberty
27 without violating the law, and that such release is not incompatible
28 with the welfare of society and will not so deprecate the seriousness of
29 the crime as to undermine respect for the law, and shall be subject to
30 the limits and conditions specified in subdivision four of this section.
31 In making this determination, the board shall consider: (i) the factors
32 described in subdivision two of section two hundred fifty-nine-i of this
33 article; (ii) the nature of the inmate's conditions, diseases, syndromes
34 or infirmities and the level of care; (iii) the amount of time the
35 inmate must serve before becoming eligible for release pursuant to
36 section two hundred fifty-nine-i of this article; (iv) the current age
37 of the inmate and his or her age at the time of the crime; and (v) any
38 other relevant factor.
39 (c) The board shall afford notice to the sentencing court, the
40 district attorney, the attorney for the inmate and, where necessary
41 pursuant to subdivision two of section two hundred fifty-nine-i of this
42 article, the crime victim, that the inmate is being considered for
43 release pursuant to this section and the parties receiving notice shall
44 have thirty days to comment on the release of the inmate. Release on
45 compassionate parole shall not be granted until the expiration of the
46 comment period provided for in this paragraph.
47 2. (a) The commissioner, on the commissioner's own initiative or at
48 the request of an inmate, or an inmate's spouse, relative or attorney,
49 may, in the exercise of the commissioner's discretion, direct that an
50 investigation be undertaken to determine whether an assessment should be
51 made of an inmate who appears to be suffering from chronic or serious
52 conditions, diseases, syndromes or infirmities, exacerbated by advanced
53 age that has rendered the inmate so physically or cognitively debili-
54 tated or incapacitated that the ability to provide self-care within the
55 environment of a correctional facility is substantially diminished. Any
56 such medical assessment shall be made by a physician licensed to prac-
S. 1505--A 187 A. 2005--A
1 tice medicine in this state pursuant to section sixty-five hundred twen-
2 ty-four of the education law. Such physician shall either be employed by
3 the department, shall render professional services at the request of the
4 department, or shall be employed by a hospital or medical facility used
5 by the department for the medical treatment of inmates. The assessment
6 shall be reported to the commissioner by way of the deputy commissioner
7 for health services or the chief medical officer of the facility and
8 shall include but shall not be limited to a description of the condi-
9 tions, diseases or syndromes suffered by the inmate, a prognosis
10 concerning the likelihood that the inmate will not recover from such
11 conditions, diseases or syndromes, a description of the inmate's phys-
12 ical or cognitive incapacity which shall include a prediction respecting
13 the likely duration of the incapacity, and a statement by the physician
14 of whether the inmate is so debilitated or incapacitated as to be
15 severely restricted in his or her ability to self-ambulate or to perform
16 significant activities of daily living. This assessment also shall
17 include a recommendation of the type and level of services and level of
18 care the inmate would require if granted compassionate parole and a
19 recommendation for the types of settings in which the services and
20 treatment should be given.
21 (b) The commissioner, or the commissioner's designee, shall review the
22 assessment and may certify that the inmate is suffering from a chronic
23 or serious condition, disease, syndrome or infirmity, exacerbated by
24 age, that has rendered the inmate so physically or cognitively debili-
25 tated or incapacitated that the ability to provide self-care within the
26 environment of a correctional facility is substantially diminished. If
27 the commissioner does not so certify then the inmate shall not be
28 referred to the board for consideration for release on compassionate
29 parole. If the commissioner does so certify, then the commissioner
30 shall, within seven working days of receipt of such assessment, refer
31 the inmate to the board for consideration for release on compassionate
32 parole. However, an inmate will not be referred to the board of parole
33 with diseases, conditions, syndromes or infirmities that pre-existed
34 incarceration unless certified by a physician that such diseases, condi-
35 tions, syndromes or infirmities, have progressed to render the inmate so
36 physically or cognitively debilitated or incapacitated that the ability
37 to provide self-care within the environment of a correctional facility
38 is substantially diminished.
39 3. Any certification by the commissioner or the commissioner's desig-
40 nee pursuant to this section shall be deemed a judicial function and
41 shall not be reviewable if done in accordance with law.
42 4. (a) Once an inmate is released on compassionate parole, that
43 releasee will then be supervised by the department pursuant to paragraph
44 (b) of subdivision two of section two hundred fifty-nine-i of this arti-
45 cle.
46 (b) The board may require as a condition of release on compassionate
47 parole that the releasee agree to remain under the care of a physician
48 while on compassionate parole and in a hospital established pursuant to
49 article twenty-eight of the public health law, nursing home established
50 pursuant to article twenty-eight-a of the public health law, a hospice
51 established pursuant to article forty of the public health law or any
52 other placement, including a residence with family or others, that can
53 provide appropriate medical and other necessary compassionate care as
54 recommended by the medical assessment required by subdivision two of
55 this section. For those who are released pursuant to this subdivision, a
56 discharge plan shall be completed and state that the availability of the
S. 1505--A 188 A. 2005--A
1 placement has been confirmed, and by whom. Notwithstanding any other
2 provision of law, when an inmate who qualifies for release under this
3 section is cognitively incapable of signing the requisite documentation
4 to effectuate the discharge plan and, after a diligent search no person
5 has been identified who could otherwise be appointed as the inmate's
6 guardian by a court of competent jurisdiction, then, solely for the
7 purpose of implementing the discharge plan, the facility health services
8 director at the facility where the inmate is currently incarcerated
9 shall be lawfully empowered to act as the inmate's guardian for the
10 purpose of effectuating the discharge.
11 (c) Where appropriate, the board shall require as a condition of
12 release that compassionate parolees be supervised on intensive caseloads
13 at reduced supervision ratios.
14 5. A denial of release on compassionate parole shall not preclude the
15 inmate from reapplying for compassionate parole or otherwise affect an
16 inmate's eligibility for any other form of release provided for by law.
17 6. To the extent that any provision of this section requires disclo-
18 sure of medical information for the purpose of processing an application
19 or making a decision, regarding release on compassionate parole or for
20 the purpose of appropriately supervising a person released on compas-
21 sionate parole, and that such disclosure would otherwise be prohibited
22 by article twenty-seven-f of the public health law, the provisions of
23 this section shall be controlling.
24 7. The commissioner and the chair of the board shall be authorized to
25 promulgate rules and regulations for their respective agencies to imple-
26 ment the provisions of this section.
27 8. Any decision made by the board pursuant to this section may be
28 appealed pursuant to subdivision four of section two hundred fifty-
29 nine-i of this article.
30 9. The chair of the board shall report annually to the governor, the
31 temporary president of the senate and the speaker of the assembly, the
32 chairpersons of the assembly and senate codes committees, the chair-
33 person of the senate crime and corrections committee, and the chair-
34 person of the assembly corrections committee the number of inmates who
35 have applied for compassionate parole under this section; the number who
36 have been granted compassionate parole; the nature of the illness of the
37 applicants, the counties to which they have been released and the nature
38 of the placement pursuant to the discharge plan; the categories of
39 reasons for denial for those who have been denied; the number of releas-
40 ees on compassionate parole who have been returned to imprisonment in
41 the custody of the department and the reasons for return.
42 § 2. This act shall take effect April 1, 2019.
43 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
44 sion, section or part of this act shall be adjudged by any court of
45 competent jurisdiction to be invalid, such judgment shall not affect,
46 impair, or invalidate the remainder thereof, but shall be confined in
47 its operation to the clause, sentence, paragraph, subdivision, section
48 or part thereof directly involved in the controversy in which such judg-
49 ment shall have been rendered. It is hereby declared to be the intent of
50 the legislature that this act would have been enacted even if such
51 invalid provisions had not been included herein.
52 § 3. This act shall take effect immediately provided, however, that
53 the applicable effective date of Subparts A through P of this act shall
54 be as specifically set forth in the last section of such Subparts.
55 PART JJ
S. 1505--A 189 A. 2005--A
1 Section 1. Section 2 of the correction law is amended by adding four
2 new subdivisions 32, 33, 34 and 35 to read as follows:
3 32. "Special populations" means any person: (a) who is an adolescent
4 offender that is confined in an adolescent offender facility; or (b) who
5 is pregnant, or in the first eight weeks of post partum recovery period
6 after giving birth.
7 33. "Residential rehabilitation unit" means a housing unit used for
8 treatment and rehabilitative programming of incarcerated individuals who
9 have been determined to require more than ninety days of segregated
10 confinement on and after April first, two thousand twenty-one; more than
11 sixty days of segregated confinement on and after October first, two
12 thousand twenty-one; and more than thirty days of segregated confinement
13 on and after April first, two thousand twenty-two or who have been
14 deemed by the deputy commissioner for correctional facilities or his or
15 her designee to be an unreasonable risk to safety and security of staff,
16 incarcerated individuals or the facility.
17 34. "Step down unit" means a housing unit used for the progressive
18 programming of incarcerated individuals with a violent history or a
19 substance abuse history that has led to long-term periods of segregated
20 confinement in order to prepare them for return to general population or
21 the community.
22 35. "Adolescent offender separation unit" means a housing unit used
23 for adolescent offenders housed in an adolescent offender facility that
24 receive a disciplinary confinement sanction or who have been deemed by
25 the superintendent to be an unreasonable risk to the safety and security
26 of staff, incarcerated individuals or the facility.
27 § 2. Subdivision 6 of section 137 of the correction law is amended by
28 adding ten new paragraphs (g), (h), (i), (j), (k), (l), (m), (n), (o)
29 and (p) to read as follows:
30 (g) Incarcerated individuals in special populations as defined in
31 subdivision thirty-two of section two of this chapter shall not be
32 placed in segregated confinement for any length of time.
33 (h) No incarcerated individual may be placed in segregated confinement
34 for longer than necessary and no more than ninety days of segregated
35 confinement on and after April first, two thousand twenty-one; no more
36 than sixty days of segregated confinement on and after October first,
37 two thousand twenty-one; and no more than thirty days of segregated
38 confinement on and after April first, two thousand twenty-two. Upon
39 reaching this limit, he or she must be released from segregated confine-
40 ment or diverted to a residential rehabilitation unit or step down unit.
41 Such admission to a residential rehabilitation unit or step down unit
42 shall occur as expeditiously as possible and in no case take longer than
43 seventy-two hours from the time transfer should occur.
44 (i) Persons admitted to a residential rehabilitation unit shall be
45 offered at least five hours of out-of-cell programming, activities, or
46 recreation four days per week, excluding holidays, and at least two
47 hours of recreation on the remaining days.
48 (i) Such incarcerated individuals in a residential rehabilitation unit
49 shall have access to out-of-cell programs and activities that promote
50 personal development and group engagement, addressing underlying causes
51 of problematic behavior resulting in placement in segregated confinement
52 or a residential rehabilitation unit, and helping prepare for discharge
53 from the unit to general confinement or the community.
54 (ii) Persons in a residential rehabilitation unit shall have the
55 opportunity to earn additional privileges under a progressive movement
56 system.
S. 1505--A 190 A. 2005--A
1 (iii) Upon admission to a residential rehabilitation unit, a program
2 management team shall develop an individual rehabilitation plan in
3 consultation with the incarcerated individual based upon his or her
4 programming needs. Such plan shall identify specific goals and program
5 to be offered, including discharge from the residential rehabilitation
6 unit or recommendations to transition to a step down unit.
7 (iv) The program management team will conduct ongoing reviews of the
8 incarcerated individual, and if appropriate, have the ability to recom-
9 mend continuation in the residential rehabilitation unit beyond the
10 individuals length of disciplinary sanction.
11 (v) If the incarcerated individual is maintained in the residential
12 rehabilitation unit beyond the length of the disciplinary sanction
13 imposed, or is placed there as a result of the deputy commissioner for
14 correctional facility or his or her designee's determination of an
15 unreasonable risk to safety and security or staff, incarcerated individ-
16 uals or the facility, there shall be a periodic review of the status of
17 each incarcerated person at least every sixty days to assess the
18 person's progress and determine if the person should be discharged from
19 the unit.
20 (j) Persons may be admitted to a step down unit from either segregated
21 confinement or a residential rehabilitation unit.
22 (i) Persons admitted to a step down unit shall participate in a
23 multi-phase progressive program. Incarcerated individuals will progress
24 through the program, earning fewer restrictions and increased incen-
25 tives, as they meet benchmarks and individual goals.
26 (ii) Such incarcerated individuals will be offered at least five hours
27 of out-of-cell programming, activities and recreation four days per
28 week, excluding holidays, and at least two hours of recreation on the
29 remaining days.
30 (iii) When an incarcerated person is discharged from a step down unit,
31 any remaining time to serve on any underlying disciplinary sanction
32 shall be held in abeyance for a period of no more than six months.
33 (iv) Persons in a step down unit shall have the opportunity to earn
34 additional privileges under a progressive movement system.
35 (k) Persons admitted to an adolescent offender separation unit shall
36 be offered at least five hours of out-of-cell programming, activities
37 and recreation four days per week, excluding holidays, and at least two
38 hours of recreation on the remaining days.
39 (i) Persons in an adolescent offender separation unit shall have the
40 opportunity to earn additional privileges under a progressive movement
41 system.
42 (ii) If the incarcerated individual is maintained in the adolescent
43 offender separation unit beyond the length of the disciplinary sanction
44 imposed, or is placed there as a result of the deputy commissioner for
45 correctional facility or designees determination of an unreasonable risk
46 to safety and security of staff, incarcerated individuals or the facili-
47 ty, there shall be a periodic review of the status of each incarcerated
48 person at least every sixty days to assess the person's progress and
49 determine if the person should be discharged from the unit.
50 (l) All staff assigned to segregated confinement, residential rehabil-
51 itation, step down or adolescent offender separation unit shall receive
52 specialized training in dealing with this population, to include inter-
53 personal communication skills, de-escalation techniques and implicit
54 bias.
55 (m) The superintendent of the institution maintains the right to
56 restrict employees from working on a segregated confinement, residential
S. 1505--A 191 A. 2005--A
1 rehabilitation, step down or adolescent offender separation unit if it
2 is in the best interest of the overall safety and security of the insti-
3 tution, staff or incarcerated individuals.
4 (n) Prior to presiding over a superintendent hearing, all hearing
5 officers shall receive hearing officers training on relevant topics,
6 including implicit bias.
7 (o) The department shall publish monthly reports on its website of the
8 total number of incarcerated individuals who are in segregated confine-
9 ment, the total number of incarcerated individuals who are in a residen-
10 tial rehabilitation unit and the total number of incarcerated individ-
11 uals in a step down unit, and the total number of incarcerated
12 individuals in an adolescent offender separation unit on the first day
13 of each month.
14 (p) The department shall publish an annual cumulative report of the
15 total number of incarcerated individuals who were in segregated confine-
16 ment, the total number of incarcerated individuals who were in a resi-
17 dential rehabilitation unit and the total number of incarcerated indi-
18 viduals who were in a step down unit for the preceding year. The annual
19 report shall include the average length of stay in each of the units.
20 § 3. Clauses (A) and (B) of subparagraph (ii) of paragraph (d) of
21 subdivision 6 of section 137 of the correction law, as added by chapter
22 1 of the laws of 2008, are amended to read as follows:
23 (A) Upon placement of an inmate into segregated confinement, a resi-
24 dential rehabilitation unit, step down unit or adolescent offender sepa-
25 ration unit, at a level one or level two facility, a suicide prevention
26 screening instrument shall be administered by staff from the department
27 or the office of mental health who has been trained for that purpose. If
28 such a screening instrument reveals that the inmate is at risk of
29 suicide, a mental health clinician shall be consulted and appropriate
30 safety precautions shall be taken. Additionally, within one business day
31 of the placement of such an inmate into segregated confinement, a resi-
32 dential rehabilitation unit, step down unit or adolescent offender sepa-
33 ration unit, at a level one or level two facility, the inmate shall be
34 assessed by a mental health clinician.
35 (B) Upon placement of an inmate into segregated confinement, a resi-
36 dential rehabilitation unit, step down unit or adolescent offender sepa-
37 ration unit, at a level three or level four facility, a suicide
38 prevention screening instrument shall be administered by staff from the
39 department or the office of mental health who has been trained for that
40 purpose. If such a screening instrument reveals that the inmate is at
41 risk of suicide, a mental health clinician shall be consulted and appro-
42 priate safety precautions shall be taken. All inmates placed in segre-
43 gated confinement, a residential rehabilitation unit, step down unit or
44 adolescent offender separation unit, at a level three or level four
45 facility shall be assessed by a mental health clinician, within fourteen
46 days of such placement into segregated confinement, a residential reha-
47 bilitation unit, step down unit or adolescent offender separation unit.
48 § 4. This act shall take effect immediately; provided, however, that
49 no incarcerated individual may be placed in segregated confinement for
50 longer than necessary and:
51 1. effective on and after April 1, 2021, no more than ninety days of
52 segregated confinement;
53 2. effective on and after October 1, 2021, no more than sixty days of
54 segregated confinement; and
55 3. effective on and after April 1, 2022, no more than thirty days of
56 segregated confinement.
S. 1505--A 192 A. 2005--A
1 PART KK
2 Section 1. Section 60.05 of the penal law is amended by adding a new
3 subdivision 8 to read as follows:
4 8. Shock incarceration participation. (a) When the court imposes a
5 determinate sentence of imprisonment pursuant to subdivision three of
6 section 70.02 of this chapter or subdivision six of section 70.06 of
7 this chapter upon a person who stands convicted either of burglary in
8 the second degree as defined in subdivision two of section 140.25 of
9 this chapter or robbery in the second degree as defined in subdivision
10 one of section 160.10 of this chapter, or an attempt thereof, upon
11 motion of the defendant, the court may issue an order directing that the
12 department of corrections and community supervision enroll the defendant
13 in the shock incarceration program as defined in article twenty-six-A of
14 the correction law, provided that the defendant is an eligible inmate,
15 as described in subdivision one of section eight hundred sixty-five of
16 the correction law. Notwithstanding the foregoing provisions of this
17 subdivision, any defendant to be enrolled in such program pursuant to
18 this subdivision shall be governed by the same rules and regulations
19 promulgated by the department of corrections and community supervision,
20 including without limitation those rules and regulations establishing
21 requirements for completion and such rules and regulations governing
22 discipline and removal from the program.
23 (b) Paragraph (b) of subdivision seven of section 60.04 of this arti-
24 cle shall apply in the event an inmate designated by court order for
25 enrollment in the shock incarceration program requires a degree of
26 medical care or mental health care that cannot be provided at a shock
27 incarceration facility.
28 § 2. Subdivision 1 of section 865 of the correction law, as amended by
29 chapter 377 of the laws of 2010, is amended to read as follows:
30 1. "Eligible inmate" means a person sentenced to an indeterminate term
31 of imprisonment who will become eligible for release on parole within
32 three years or sentenced to a determinate term of imprisonment who will
33 become eligible for conditional release within three years, who has not
34 reached the age of fifty years, who has not previously been convicted of
35 a violent felony as defined in article seventy of the penal law, or a
36 felony in any other jurisdiction which includes all of the essential
37 elements of any such violent felony, upon which an indeterminate or
38 determinate term of imprisonment was imposed and who was between the
39 ages of sixteen and fifty years at the time of commission of the crime
40 upon which his or her present sentence was based. Notwithstanding the
41 foregoing, no person who is convicted of any of the following crimes
42 shall be deemed eligible to participate in this program: (a) a violent
43 felony offense as defined in article seventy of the penal law[,] ;
44 provided, however, that a person who is convicted of burglary in the
45 second degree as defined in subdivision two of section 140.25 of the
46 penal law, or robbery in the second degree as defined in subdivision one
47 of section 160.10 of the penal law, or an attempt thereof, and for whom
48 the sentencing court has issued an order pursuant to subdivision eight
49 of section 60.05 of the penal law enrolling such person in the shock
50 incarceration program, is eligible to participate, (b) an A-I felony
51 offense, (c) any homicide offense as defined in article one hundred
52 twenty-five of the penal law, (d) any felony sex offense as defined in
53 article one hundred thirty of the penal law and (e) any escape or
54 absconding offense as defined in article two hundred five of the penal
55 law.
S. 1505--A 193 A. 2005--A
1 § 3. This act shall take effect on September 1, 2019.
2 PART LL
3 Section 1. Section 57 of the civil service law, as added by chapter 83
4 of the laws of 1963, is amended to read as follows:
5 § 57. Continuous recruitment for certain positions. Notwithstanding
6 any other provisions of this chapter or any other law, the civil service
7 department or a municipal commission may establish a continuing eligible
8 list for any class of positions for which it finds [inadequate numbers
9 of well qualified persons available for recruitment] such lists appro-
10 priate. Names of eligibles shall be inserted in such list from time to
11 time as applicants are tested and found qualified in examinations held
12 at such intervals as may be prescribed by the civil service department
13 or municipal commission having jurisdiction. Such successive examina-
14 tions shall, so far as practicable, be constructed and rated so as to be
15 equivalent tests of the merit and fitness of candidates. The name of any
16 candidate who passes any such examination and who is otherwise qualified
17 shall be placed on the continuing eligible list in the rank correspond-
18 ing to his final rating on such examination. The period of eligibility
19 of successful candidates for certification and appointment from such
20 continuing eligible list, as a result of any such examination, shall be
21 fixed by the civil service department or municipal commission but,
22 except as a list may reach an announced terminal date, such period shall
23 not be less than one year; nor shall such period of eligibility exceed
24 four years. Subject to such conditions and limitations as the civil
25 service department or municipal commission may prescribe, a candidate
26 may take more than one such examination; provided, however, that no such
27 candidate shall be certified simultaneously with more than one rank on
28 the continuing eligible list. With respect to any candidate who applies
29 for and is granted additional credit in any such examination as a disa-
30 bled or non-disabled veteran, and for the limited purpose of granting
31 such additional credit, the eligible list shall be deemed to be estab-
32 lished on the date on which his name is added thereto.
33 § 2. This act shall take effect immediately.
34 PART MM
35 Section 1. Subdivision 11 of section 52 of the civil service law, as
36 amended by chapter 214 of the laws of 1989, is amended to read as
37 follows:
38 11. Notwithstanding any other provision of law, the state [department
39 of] civil service department may, for titles designated by it, extend to
40 employees in the state service who are holding or who have held a posi-
41 tion in the non-competitive or labor class of such service the same
42 opportunity as employees in the competitive class to take promotion
43 examinations [if such examinations are to be held in conjunction with
44 open competitive examinations].
45 § 2. This act shall take effect immediately.
46 PART NN
47 Section 1. Paragraph (a) of subdivision 2 of section 121 of the civil
48 service law, as added by chapter 790 of the laws of 1958, is amended to
49 read as follows:
S. 1505--A 194 A. 2005--A
1 (a) Notwithstanding the provisions of paragraph (b) of this subdivi-
2 sion, the annual salary of any position, compensable on an annual basis,
3 which is classified or reclassified, or which is allocated or reallo-
4 cated to a salary grade pursuant to the provisions of this article shall
5 not be reduced for the then [permanent] incumbent by reason of any
6 provision of this article [so long as such position is held by the then
7 permanent incumbent].
8 § 2. This act shall take effect immediately.
9 PART OO
10 Section 1. Subdivision 1 of section 70.15 of the penal law, as amended
11 by chapter 291 of the laws of 1993, is amended to read as follows:
12 1. Class A misdemeanor. A sentence of imprisonment for a class A
13 misdemeanor shall be a definite sentence. When such a sentence is
14 imposed the term shall be fixed by the court, and shall not exceed [one
15 year] three hundred sixty-four days; provided, however, that a sentence
16 of imprisonment imposed upon a conviction of criminal possession of a
17 weapon in the fourth degree as defined in subdivision one of section
18 265.01 must be for a period of no less than [one year] three hundred
19 sixty-four days when the conviction was the result of a plea of guilty
20 entered in satisfaction of an indictment or any count thereof charging
21 the defendant with the class D violent felony offense of criminal
22 possession of a weapon in the third degree as defined in subdivision
23 four of section 265.02, except that the court may impose any other
24 sentence authorized by law upon a person who has not been previously
25 convicted in the five years immediately preceding the commission of the
26 offense for a felony or a class A misdemeanor defined in this chapter,
27 if the court having regard to the nature and circumstances of the crime
28 and to the history and character of the defendant, finds on the record
29 that such sentence would be unduly harsh and that the alternative
30 sentence would be consistent with public safety and does not deprecate
31 the seriousness of the crime.
32 § 2. Section 70.15 of the penal law is amended by adding a new subdi-
33 vision 1-a to read as follows:
34 1-a. (a) Notwithstanding the provisions of any other law, whenever the
35 phrase "one year" or "three hundred sixty-five days" or "365 days" or
36 any similar phrase appears in any provision of this chapter or any other
37 law in reference to the definite sentence or maximum definite sentence
38 of imprisonment that is imposed, or has been imposed, or may be imposed
39 after the effective date of this subdivision, for a misdemeanor
40 conviction in this state, such phrase shall mean, be interpreted and be
41 applied as three hundred sixty-four days.
42 (b) The amendatory provisions of this subdivision are ameliorative and
43 shall apply to all persons who are sentenced before, on or after the
44 effective date of this subdivision, for a crime committed before, on or
45 after the effective date of this subdivision.
46 (c) Any sentence for a misdemeanor conviction imposed prior to the
47 effective date of this subdivision that is a definite sentence of impri-
48 sonment of one year, or three hundred sixty-five days, shall, by opera-
49 tion of law, be changed to, mean and be interpreted and applied as a
50 sentence of three hundred sixty-four days. In addition to any other
51 right of a person to obtain a record of a proceeding against him or her,
52 a person so sentenced prior to the effective date of this subdivision
53 shall be entitled to obtain, from the criminal court or the clerk there-
54 of, a certificate of conviction, as described in subdivision one of
S. 1505--A 195 A. 2005--A
1 section 60.60 of the criminal procedure law, setting forth such sentence
2 as the sentence specified in this paragraph.
3 § 3. This act shall take effect immediately.
4 PART PP
5 Section 1. The opening paragraph and paragraph (a) of subdivision 1 of
6 section 1311 of the civil practice law and rules, the opening paragraph
7 as amended by chapter 655 of the laws of 1990 and paragraph (a) as added
8 by chapter 669 of the laws of 1984, are amended to read as follows:
9 A civil action may be commenced by the appropriate claiming authority
10 against a criminal defendant to recover the property which constitutes
11 the proceeds of a crime, the substituted proceeds of a crime, an instru-
12 mentality of a crime or the real property instrumentality of a crime [or
13 to recover a money judgment in an amount equivalent in value to the
14 property which constitutes the proceeds of a crime, the substituted
15 proceeds of a crime, an instrumentality of a crime, or the real property
16 instrumentality of a crime]. A civil action may be commenced against a
17 non-criminal defendant to recover the property which constitutes the
18 proceeds of a crime, the substituted proceeds of a crime, an instrumen-
19 tality of a crime, or the real property instrumentality of a crime
20 provided, however, that a judgment of forfeiture predicated upon clause
21 (A) of subparagraph (iv) of paragraph (b) of subdivision three [hereof]
22 of this section shall be limited to the amount of the proceeds of the
23 crime. Any action under this article must be commenced within five years
24 of the commission of the crime and shall be civil, remedial, and in
25 personam in nature and shall not be deemed to be a penalty or criminal
26 forfeiture for any purpose. Except as otherwise specially provided by
27 statute, the proceedings under this article shall be governed by this
28 chapter. An action under this article is not a criminal proceeding and
29 may not be deemed to be a previous prosecution under article forty of
30 the criminal procedure law.
31 (a) Actions relating to post-conviction forfeiture crimes. An action
32 relating to a post-conviction forfeiture crime must be grounded upon a
33 conviction of a felony defined in subdivision five of section one thou-
34 sand three hundred ten of this article[, or upon criminal activity aris-
35 ing from a common scheme or plan of which such a conviction is a part,]
36 or upon a count of an indictment or information alleging a felony which
37 was dismissed at the time of a plea of guilty to a felony in satisfac-
38 tion of such count. A court may not grant forfeiture until such
39 conviction has occurred. However, an action may be commenced, and a
40 court may grant a provisional remedy provided under this article, prior
41 to such conviction having occurred. An action under this paragraph must
42 be dismissed at any time after sixty days of the commencement of the
43 action unless the conviction upon which the action is grounded has
44 occurred, or an indictment or information upon which the asserted
45 conviction is to be based is pending in a superior court. An action
46 under this paragraph shall be stayed during the pendency of a criminal
47 action which is related to it; provided, however, that such stay shall
48 not prevent the granting or continuance of any provisional remedy
49 provided under this article or any other provisions of law.
50 § 2. The civil practice law and rules is amended by adding a new
51 section 1311-b to read as follows:
52 § 1311-b. Money judgment. If a claiming authority obtains a forfeiture
53 judgment against a defendant for the proceeds, substituted proceeds,
54 instrumentality of a crime or real property instrumentality of a crime,
S. 1505--A 196 A. 2005--A
1 but is unable to locate all or part of any such property, the claiming
2 authority may apply to the court for a money judgment against the
3 defendant in the amount of the value of the forfeited property that
4 cannot be located. The defendant shall have the right to challenge the
5 valuation of any property that is the basis for such an application. The
6 claiming authority shall have the burden of establishing the value of
7 the property under this section by a preponderance of the evidence.
8 § 3. Subdivisions 1, 3 and 4 of section 1312 of the civil practice law
9 and rules, subdivision 1 as added by chapter 669 of the laws of 1984,
10 subdivision 3 as amended and subdivision 4 as added by chapter 655 of
11 the laws of 1990, are amended to read as follows:
12 1. The provisional remedies of attachment, injunction, receivership
13 and notice of pendency provided for herein, shall be available in all
14 actions to recover property [or for a money judgment] under this arti-
15 cle.
16 3. A court may grant an application for a provisional remedy when it
17 determines that: (a) there is a substantial probability that the claim-
18 ing authority will be able to demonstrate at trial that the property is
19 the proceeds, substituted proceeds, instrumentality of the crime or real
20 property instrumentality of the crime, that the claiming authority will
21 prevail on the issue of forfeiture, and that failure to enter the order
22 may result in the property being destroyed, removed from the jurisdic-
23 tion of the court, or otherwise be unavailable for forfeiture; (b) the
24 need to preserve the availability of the property through the entry of
25 the requested order outweighs the hardship on any party against whom the
26 order may operate; and (c) in an action relating to real property, that
27 entry of the requested order will not substantially diminish, impair, or
28 terminate the lawful property interest in such real property of any
29 person or persons other than the defendant or defendants.
30 4. Upon motion of any party against whom a provisional remedy granted
31 pursuant to this article is in effect, the court may issue an order
32 modifying or vacating such provisional remedy if necessary to permit the
33 moving party to obtain funds for the payment of reasonable living
34 expenses, other costs or expenses related to the maintenance, operation,
35 or preservation of property which is the subject of any such provisional
36 remedy or reasonable and bona fide attorneys' fees and expenses for the
37 representation of the defendant in the forfeiture proceeding or in a
38 related criminal matter relating thereto, payment for which is not
39 otherwise available from assets of the defendant which are not subject
40 to such provisional remedy. Any such motion shall be supported by an
41 affidavit establishing the unavailability of other assets of the moving
42 party which are not the subject of such provisional remedy for payment
43 of such expenses or fees. That funds sought to be released under this
44 subdivision are alleged to be the proceeds, substituted proceeds,
45 instrumentality of a crime or real property instrumentality of a crime
46 shall not be a factor for the court in considering and determining a
47 motion made pursuant to this subdivision.
48 § 4. The opening paragraph of subdivision 2 of section 1349 of the
49 civil practice law and rules, as added by chapter 655 of the laws of
50 1990, is amended to read as follows:
51 If any other provision of law expressly governs the manner of disposi-
52 tion of property subject to the judgment or order of forfeiture, that
53 provision of law shall be controlling, with the exception that, notwith-
54 standing the provisions of any other law, all forfeited monies and
55 proceeds from forfeited property shall be deposited into and disbursed
56 from an asset forfeiture escrow fund established pursuant to section
S. 1505--A 197 A. 2005--A
1 six-v of the general municipal law, which shall govern the maintenance
2 of such monies and proceeds from forfeited property. Upon application
3 by a claiming agent for reimbursement of moneys directly expended by a
4 claiming agent in the underlying criminal investigation for the purchase
5 of contraband which were converted into a non-monetary form or which
6 have not been otherwise recovered, the court shall direct such
7 reimbursement from money forfeited pursuant to this article. Upon appli-
8 cation of the claiming agent, the court may direct that any vehicles,
9 vessels or aircraft forfeited pursuant to this article be retained by
10 the claiming agent for law enforcement purposes, unless the court deter-
11 mines that such property is subject to a perfected lien, in which case
12 the court may not direct that the property be retained unless all such
13 liens on the property to be retained have been satisfied or pursuant to
14 the court's order will be satisfied. In the absence of an application by
15 the claiming agent, the claiming authority may apply to the court to
16 retain such property for law enforcement purposes. Upon such applica-
17 tion, the court may direct that such property be retained by the claim-
18 ing authority for law enforcement purposes, unless the court determines
19 that such property is subject to a perfected lien. If not so retained,
20 the judgment or order shall direct the claiming authority to sell the
21 property in accordance with article fifty-one of this chapter, and that
22 the proceeds of such sale and any other moneys realized as a consequence
23 of any forfeiture pursuant to this article shall be deposited to an
24 asset forfeiture escrow fund established pursuant to section six-v of
25 the general municipal law and shall be apportioned and paid in the
26 following descending order of priority:
27 § 5. Section 1349 of the civil practice law and rules is amended by
28 adding a new subdivision 5 to read as follows:
29 5. Monies and proceeds from the sale of property realized as a conse-
30 quence of any forfeiture distributed to the claiming agent or claiming
31 authority of any county, town, city, or village of which the claiming
32 agent or claiming authority is a part, shall be deposited to an asset
33 forfeiture escrow fund established pursuant to section six-v of the
34 general municipal law.
35 § 6. Subdivision 2 of section 700 of the county law is amended to read
36 as follows:
37 2. Within thirty days after the receipt of any fine, penalty, recovery
38 upon any recognizance, monies and proceeds from the sale of property
39 realized as a consequence of any forfeiture, or other money belonging to
40 the county, the district attorney or the claiming authority shall pay
41 the same to the county treasurer. Not later than the first day of Febru-
42 ary in each year, the district attorney shall make in duplicate a veri-
43 fied true statement of all such moneys received and paid to the county
44 treasurer during the preceding calendar year and at that time shall pay
45 to the county treasurer any balance due. One statement shall be
46 furnished to the county treasurer [and the other], one to the clerk of
47 the board of supervisors and one to the state comptroller. A district
48 attorney who is not re-elected shall make and file the verified state-
49 ment and pay any balance of such moneys to the county treasurer within
50 thirty days after the expiration of his term.
51 § 7. The general municipal law is amended by adding a new section 6-v
52 to read as follows:
53 § 6-v. Asset forfeiture escrow fund. 1. As used in this section:
54 a. The term "governing board", insofar as it is used in reference to a
55 village, shall mean the board of trustees thereof; insofar as it is used
56 in reference to a town, shall mean the town board thereof; insofar as it
S. 1505--A 198 A. 2005--A
1 is used in reference to a county, shall mean the board of supervisors or
2 the county legislature thereof, as applicable; insofar as it is used in
3 reference to a city, shall mean the "legislative body" thereof, as that
4 term is defined in subdivision seven of section two of the municipal
5 home rule law.
6 b. The term "chief fiscal officer" shall mean:
7 (i) In the case of counties operating under (1) an alternative form of
8 county government or charter enacted as a state statute or adopted under
9 the alternative county government law or by local law, the official
10 designated in such statute, consolidated law or local law as the chief
11 fiscal officer, or, if no such designation is made therein, the official
12 possessing powers and duties similar to those of a county treasurer
13 under the county law as shall be designated by local law.
14 (2) In the case of counties not operating under an alternative form of
15 county government or charter enacted as a state statute or adopted under
16 the alternative county government law or by local law, the treasurer,
17 except that, in the case of counties having a comptroller, it shall mean
18 the comptroller.
19 (ii) In the case of cities, the comptroller; if a city does not have a
20 comptroller, the treasurer; if a city has neither a comptroller nor a
21 treasurer, such official possessing powers and duties similar to those
22 of a city treasurer as the finance board shall, by resolution, desig-
23 nate. A certified copy of such designation shall be filed with the state
24 comptroller and shall be a public record.
25 (iii) In the case of towns, the town supervisor; if a town has more
26 than one supervisor, the presiding supervisor.
27 (iv) In the case of villages, the village treasurer.
28 c. The term "claiming authority" shall mean the district attorney
29 having jurisdiction over the offense or the attorney general for purpose
30 of those crimes for which the attorney general has criminal jurisdiction
31 in a case where the underlying criminal charge has been, is being or
32 could have been brought by the attorney general, or the appropriate
33 corporation counsel or county attorney, where such corporation counsel
34 or county attorney may act as a claiming authority only with the consent
35 of the district attorney or the attorney general, as appropriate.
36 d. The term "claiming agent" shall mean and shall include all persons
37 described in subdivision thirty-four of section 1.20 of the criminal
38 procedure law, and sheriffs, undersheriffs and deputy sheriffs of coun-
39 ties within the city of New York.
40 2. The governing board shall authorize the establishment of an asset
41 forfeiture escrow fund for any claiming agent or claiming authority as
42 is deemed necessary for the monies and proceeds of sale of property
43 realized as a consequence of any forfeiture. The separate identity of
44 such fund shall be maintained.
45 3. There shall be paid into the asset forfeiture escrow fund all
46 proceeds realized as a consequence of any forfeiture action. Such funds
47 shall include, but are not limited to, all funds and any property (real,
48 personal, tangible and/or intangible) that are forfeited pursuant to
49 agreement or otherwise prior to, in lieu of or after the lodging of
50 criminal charges, pre-indictment, post-indictment, or after conviction
51 by plea or trial. Such funds shall also include funds that are forfeited
52 in compromise of charges that are never brought.
53 4. The monies and proceeds in the asset forfeiture escrow fund shall
54 be deposited and secured in the manner provided by section ten of this
55 article. All monies and proceeds so deposited in such fund shall be
56 kept in a separate bank account. The chief fiscal officer may invest the
S. 1505--A 199 A. 2005--A
1 moneys in such fund in the manner provided in section eleven of this
2 article. Any interest earned or capital gains realized on the moneys so
3 deposited or invested shall accrue to and become part of such fund. The
4 separate identity of such fund shall be maintained, whether its assets
5 consist of cash, investments, or both.
6 5. Every claim for the payment of money from the asset forfeiture
7 escrow fund shall specify the purpose of the requested payment and must
8 be accompanied by a written certification that the expenditure is in
9 compliance with all applicable laws. Payments from such fund shall be
10 made by the chief fiscal officer subject to the required certification
11 and the determination of fund sufficiency.
12 6. The chief fiscal officer, at the termination of each fiscal year,
13 shall render a detailed report of the operation and condition of the
14 asset forfeiture escrow fund to the governing board and the state comp-
15 troller. Such report shall be subject to examination and audit. The
16 chief fiscal officer may account for such fund separate and apart from
17 all other funds of the village, town, county, and city.
18 § 8. Section 1352 of the civil practice law and rules, as added by
19 chapter 669 of the laws of 1984, is amended to read as follows:
20 § 1352. Preservation of other rights and remedies. The remedies
21 provided for in this article are not intended to substitute for or limit
22 or [supercede] supersede the lawful authority of any public officer or
23 agency or other person to enforce any other right or remedy provided for
24 by law. The exercise of such lawful authority in the forfeiture of prop-
25 erty alleged to be the proceeds, substitute proceeds, instrumentality of
26 a crime or real property instrumentality of crime must include the
27 provision of a prompt opportunity to be heard for the owner of seized
28 property in order to ensure the legitimacy and the necessity of its
29 continued retention by law enforcement, as well as clear notice of dead-
30 lines for accomplishing the return of such property.
31 § 9. Subdivision 11 of section 1311 of the civil practice law and
32 rules is amended by adding a new paragraph (d) to read as follows:
33 (d) Any stipulation, settlement agreement, judgement, order or affida-
34 vit required to be given to the state division of criminal justice
35 services pursuant to this subdivision shall include the defendant's name
36 and such other demographic data as required by the state division of
37 criminal justice services.
38 § 10. Subdivision 6 of section 220.50 of the criminal procedure law,
39 as added by chapter 655 of the laws of 1990, is amended to read as
40 follows:
41 6. Where the defendant consents to a plea of guilty to the indictment,
42 or part of the indictment, or consents to be prosecuted by superior
43 court information as set forth in section 195.20 of this chapter, and if
44 the defendant and prosecutor agree that as a condition of the plea or
45 the superior court information certain property shall be forfeited by
46 the defendant, the description and present estimated monetary value of
47 the property shall be stated in court by the prosecutor at the time of
48 plea. Within thirty days of the acceptance of the plea or superior court
49 information by the court, the prosecutor shall send to the commissioner
50 of the division of criminal justice services a document containing the
51 name of the defendant, the description and present estimated monetary
52 value of the property, any other demographic data as required by the
53 division of criminal justice services and the date the plea or superior
54 court information was accepted. Any property forfeited by the defendant
55 as a condition to a plea of guilty to an indictment, or a part thereof,
56 or to a superior court information, shall be disposed of in accordance
S. 1505--A 200 A. 2005--A
1 with the provisions of section thirteen hundred forty-nine of the civil
2 practice law and rules.
3 § 11. Subdivision 4 of section 480.10 of the penal law, as added by
4 chapter 655 of the laws of 1990, is amended to read as follows:
5 4. The prosecutor shall promptly file a copy of the special forfeiture
6 information, including the terms thereof, with the state division of
7 criminal justice services and with the local agency responsible for
8 criminal justice planning. Failure to file such information shall not be
9 grounds for any relief under this chapter. The prosecutor shall also
10 report such demographic data as required by the state division of crimi-
11 nal justice services when filing a copy of the special forfeiture infor-
12 mation with the state division of criminal justice services.
13 § 12. This act shall take effect on the one hundred eightieth day
14 after it shall have become a law and shall apply to crimes which were
15 committed on or after such date.
16 PART QQ
17 Section 1. The family court act is amended by adding a new article 5-C
18 to read as follows:
19 ARTICLE 5-C
20 CHILD-PARENT SECURITY ACT
21 PART 1. General provisions (581-101 - 581-103)
22 2. Judgment of parentage (581-201 - 581-205)
23 3. Child of assisted reproduction (581-301 - 581-307)
24 4. Gestational agreement (581-401 - 581-411)
25 5. Payment to donors and gestational carriers (581-501 - 581-502)
26 6. Miscellaneous provisions (581-601 - 581-604)
27 PART 1
28 GENERAL PROVISIONS
29 Section 581-101. Short title.
30 581-102. Purpose.
31 581-103. Definitions.
32 § 581-101. Short title. This article shall be known and may be cited
33 as the "child-parent security act".
34 § 581-102. Purpose. The purpose of this article is to legally estab-
35 lish a child's relationship to his or her parents where the child is
36 conceived through collaborative reproduction.
37 § 581-103. Definitions. (a) "Assisted reproduction" means a method of
38 causing pregnancy other than sexual intercourse and includes but is not
39 limited to:
40 1. intrauterine or vaginal insemination;
41 2. donation of gametes;
42 3. donation of embryos;
43 4. in vitro fertilization and transfer of embryos; and
44 5. intracytoplasmic sperm injection.
45 (b) "Assisted reproductive technology" or "ART" is any medical or
46 scientific intervention, including, but not limited to, assisted reprod-
47 uction, provided for the purpose of achieving live birth that results
48 from assisted conception. Assisted conception means the formation of a
49 human embryo outside the body with the intent to produce a live birth.
50 (c) "Child" means a live born individual of any age whose parentage
51 may be determined under this act or other law.
52 (d) "Collaborative reproduction" involves artificial insemination with
53 donor sperm and any assisted reproduction in which an individual other
S. 1505--A 201 A. 2005--A
1 than the intended parent provides genetic material or agrees to act as a
2 gestational carrier. It can include, but is not limited to, (1) attempts
3 by the intended parent to create a child through means of a gestational
4 arrangement, with or without the involvement of a donor, and (2)
5 assisted reproduction involving a donor where a gestational carrier is
6 not used.
7 (e) "Compensation" means payment of any valuable consideration for
8 time, effort, pain and/or risk to health in excess of reasonable medical
9 and ancillary costs.
10 (f) "Donor" means an individual who produces gametes and provides them
11 to another person other than the individual's spouse for use in assisted
12 reproduction, whether or not for compensation, and who does not intend
13 to be a parent. Donor also includes an individual with dispositional
14 control of an embryo who provides it to another person for the purpose
15 of gestation and relinquishes all present and future parental and inher-
16 itance rights and obligations to a resulting child.
17 (g) "Embryo" means a cell or group of cells containing a diploid
18 complement of chromosomes or group of such cells, not a gamete or
19 gametes, that has the potential to develop into a live born human being
20 if transferred into the body of a woman under conditions in which
21 gestation may be reasonably expected to occur.
22 (h) "Embryo transfer" means all medical and laboratory procedures that
23 are necessary to effectuate the transfer of an embryo into the uterine
24 cavity.
25 (i) "Gamete" means a cell containing a haploid complement of DNA that
26 has the potential to form an embryo when combined with another gamete.
27 Sperm and eggs are gametes. A gamete may consist of nuclear DNA from one
28 human being combined with the cytoplasm, including cytoplasmic DNA, of
29 another human being.
30 (j) "Gestational agreement" is a contract between an intended parent
31 and a gestational carrier intended to result in a live birth where the
32 child will be the legal child of the intended parent.
33 (k) "Gestational carrier" means an adult person not an intended
34 parent, who enters into a gestational agreement to bear a child who will
35 be the legal child of the intended parent so long as she has not
36 provided the egg used to conceive the resulting child.
37 (l) "Gestational carrier arrangement" means the process by which a
38 gestational carrier attempts to carry and give birth to a child created
39 through assisted reproduction so long as the gestational carrier has not
40 provided the egg used to conceive the resulting child.
41 (m) "Health care practitioner" means an individual licensed or certi-
42 fied under title eight of the education law acting within his or her
43 scope of practice.
44 (n) "Intended parent" is an individual who manifests the intent as
45 provided in this act to be legally bound as the parent of a child
46 resulting from assisted reproduction or collaborative reproduction.
47 (o) "In vitro fertilization" means the formation of a human embryo
48 outside the human body.
49 (p) "Parent" means an individual who has established a parent-child
50 relationship under this act or other law and includes, but is not limit-
51 ed to: (1) a child's birth parent who is not a gestational carrier or
52 the spouse of the gestational carrier; (2) a child's genetic parent who
53 is not the donor; (3) an individual who has legally adopted the child;
54 (4) an individual who is a parent of the child pursuant to a legal
55 presumption; (5) an individual who is a parent of the child pursuant to
56 an acknowledgment or judgment of parentage pursuant to article two of
S. 1505--A 202 A. 2005--A
1 this act or other law; (6) an individual who is a parent of the child
2 pursuant to article three or four of this act.
3 (q) "Participant" means an individual who provides a biological or
4 genetic component of assisted reproduction, an intended parent, and the
5 spouse of an intended parent or gestational carrier. Gestation is a
6 biological component within the meaning of this definition.
7 (r) "Record" means information inscribed in a tangible medium or
8 stored in an electronic or other medium that is retrievable in perceiva-
9 ble form.
10 (s) "Retrieval" means the procurement of eggs or sperm from a gamete
11 provider.
12 (t) "Spouse" means an individual married to another, or who has a
13 legal relationship entered into under the laws of the United States or
14 of any state, local or foreign jurisdiction, which is substantially
15 equivalent to a marriage, including a civil union or domestic partner-
16 ship.
17 (u) "State" means a state of the United States, the District of Colum-
18 bia, Puerto Rico, the United States Virgin Islands, or any territory or
19 insular possession subject to the jurisdiction of the United States.
20 (v) "Transfer" means the placement of an embryo or gametes into the
21 body of a woman with the intent to achieve pregnancy and live birth.
22 PART 2
23 JUDGMENT OF PARENTAGE
24 Section 581-201. Judgment of parentage.
25 581-202. Proceeding for judgment of parentage of a child born
26 through assisted reproduction.
27 581-203. Proceeding for judgment of parentage of a child born
28 pursuant to a gestational carrier arrangement.
29 581-204. Judgment of parentage for intended parents who are
30 spouses.
31 581-205. Jurisdiction.
32 § 581-201. Judgment of parentage. (a) A civil proceeding may be main-
33 tained to adjudicate the parentage of a child under the circumstances
34 set forth in this article. This proceeding is governed by the civil
35 practice law and rules.
36 (b) A judgment of parentage may be issued prior to birth but shall not
37 become effective until the birth of the child.
38 (c) A judgment of parentage shall be issued by the court upon the
39 petition of (1) a child, or (2) a parent or a presumed parent, or (3) a
40 participant, or (4) the support/enforcement agency or other governmental
41 agency authorized by other law, or (5) a representative authorized by
42 law to act for an individual who would otherwise be entitled to maintain
43 a proceeding but who is deceased, incapacitated, or a minor, in order to
44 legally establish the child-parent relationship of either a child born
45 through assisted reproduction under part three of this article or a
46 child born pursuant to a gestational carrier arrangement under part four
47 of this article.
48 § 581-202. Proceeding for judgment of parentage of a child born
49 through assisted reproduction. (a) A proceeding for a judgment of
50 parentage may be commenced:
51 (1) if the intended parent resides in New York state, in the county
52 where the intended parent resides any time after pregnancy is achieved
53 or in the county where the child was born or resides; or
S. 1505--A 203 A. 2005--A
1 (2) if the intended parent and child do not reside in New York state,
2 up to ninety days after the birth of the child in the county where the
3 child was born.
4 (b) The petition for a judgment of parentage must be verified and
5 include the following:
6 (1) a statement that the intended parent has been a resident of the
7 state for at least ninety days or if the intended parent is not a New
8 York state resident, that the child was born in the state; and
9 (2) a statement from the gestating parent that the gestating parent
10 became pregnant as a result of the donation of the gamete or embryo and
11 a representation of non-access during the time of conception; and
12 (3) a statement that the non-gestating intended parent consented to
13 assisted reproduction pursuant to section 581-304 of this article; and
14 (4) proof of donor's donative intent.
15 (c) The following shall be deemed sufficient proof of a donor's dona-
16 tive intent for purposes of this section:
17 (1) in the case of an anonymous donor or where gametes or embryos have
18 previously been relinquished to a gamete or embryo storage facility, a
19 statement from the gamete or embryo storage facility with custody of the
20 gametes or embryos that the donor does not retain any parental or
21 proprietary interest in the gametes or embryos; or
22 (2) in the case of a donation from a known donor, a record from the
23 gamete or embryo donor acknowledging the donation and confirming that
24 the donor has no parental or proprietary interest in the gametes or
25 embryos. The record shall be signed by the gamete or embryo donor:
26 i. before a notary public, or
27 ii. before two witnesses who are not the intended parents, or
28 iii. before the health care provider, who supervised the donation.
29 (3) In the absence of a record pursuant to paragraph two of this
30 subdivision, notice shall be given to the donor at least twenty days
31 prior to the proceeding by delivery of a copy of the petition and
32 notice. Upon a showing to the court, by affidavit or otherwise, on or
33 before the date of the proceeding or within such further time as the
34 court may allow, that personal service cannot be effected at the donor's
35 last known address with reasonable effort, notice may be given, without
36 prior court order therefore, at least twenty days prior to the proceed-
37 ing by registered or certified mail directed to the donor's last known
38 address. Notice by publication shall not be required to be given to a
39 donor entitled to notice pursuant to the provisions of this section.
40 (4) Notwithstanding the above, where sperm is provided under the
41 supervision of a health care provider to someone other than the sperm
42 provider's intimate partner or spouse without a record of the sperm
43 provider's intent to parent, the sperm provider is presumed to be a
44 Donor and notice is not required.
45 (d) Where a petition for parentage demonstrates the consent of the
46 intended parent to assisted reproduction, the donative intent of the
47 gamete or embryo donor and that the pregnancy resulted from the
48 donation, the court shall issue a judgment of parentage:
49 (1) declaring, that upon the birth of the child, the intended parent
50 is the only legal parent of the child; and
51 (2) ordering the intended parent to assume sole responsibility for the
52 maintenance and support of the child immediately upon the birth of the
53 child; and
54 (3) ordering that upon the birth of the child, a copy of the judgment
55 of parentage be served on the (i) department of health or New York city
56 department of mental health and hygiene, or (ii) registrar of births in
S. 1505--A 204 A. 2005--A
1 the hospital where the child is born and directing that the hospital
2 report the parentage of the child to the appropriate department of
3 health in conformity with the court order. If an original birth certif-
4 icate has already issued, the court shall issue an order directing the
5 appropriate department of health to amend the birth certificate in an
6 expedited manner and seal the previously issued birth certificate.
7 § 581-203. Proceeding for judgment of parentage of a child born pursu-
8 ant to a gestational carrier arrangement. (a) The proceeding may be
9 commenced at any time after the gestational agreement has been executed
10 by all of the parties. Any party to the gestational agreement not join-
11 ing in the petition must be served with notice of the proceeding. Fail-
12 ure to respond to the notice shall be considered a default and no
13 further notice shall be required.
14 (b) The petition for a judgment of parentage must be verified and
15 include the following:
16 (1) A statement that the gestational carrier or the intended parent
17 has been a resident of the state for at least ninety days at the time
18 the gestational agreement was executed; and
19 (2) A certification from the attorneys representing the petitioners
20 that the parties are eligible to participate in the gestational carrier
21 arrangement as required by section 581-404 of this article and that the
22 gestational agreement contains the required terms under section 581-405
23 of this article; and
24 (3) A statement that the parties entered into the gestational agree-
25 ment knowingly and voluntarily.
26 (c) Where a petition satisfies subdivision (b) of this section, the
27 court shall issue a judgment of parentage, without additional
28 proceedings or documentation:
29 (1) Declaring, that upon the birth of a child born during the term of
30 the gestational agreement, the intended parent is the legal parent of
31 the child; and
32 (2) Declaring, that upon the birth of a child born during the term of
33 the gestational agreement, the gestational carrier, and the gestational
34 carrier's spouse, if any, is not the legal parent of the child; and
35 (3) Ordering the gestational carrier and the gestational carrier's
36 spouse, if any, to transfer the child to the intended parent if this has
37 not already occurred; and
38 (4) Ordering the intended parent to assume sole responsibility for the
39 maintenance and support of the child immediately upon the birth of the
40 child; and
41 (5) Ordering that when the child is born, a copy of the judgment of
42 parentage be served on the (i) department of health or New York city
43 department of mental health and hygiene, or (ii) registrar of births in
44 the hospital where the child is born and directing that the hospital
45 report the parentage of the child to the appropriate department of
46 health in conformity with the court order. If an original birth certif-
47 icate has already issued, the court shall issue an order directing the
48 appropriate department of health to amend the birth certificate in an
49 expedited manner and seal the previously issued birth certificate.
50 (d) In the event the certification required by paragraph two of subdi-
51 vision (b) of this section cannot be made because of a technical or
52 non-substantial deviation from the requirements of sections 581-404 or
53 581-405 of this article; the court may nevertheless enforce the agree-
54 ment and issue an order of parentage if the court determines the agree-
55 ment is in substantial compliance with the requirements of sections
56 581-404 and 581-405 of this article.
S. 1505--A 205 A. 2005--A
1 (e) The agreement of the intended parent to pay reasonable compen-
2 sation to the gestational carrier in excess of reasonable medical and
3 ancillary costs shall not be a bar to the issuance of a judgment of
4 parentage.
5 § 581-204. Judgment of parentage for intended parents who are spouses.
6 Notwithstanding or without limitation on presumptions of parentage that
7 apply, a judgment of parentage may be obtained under this part by
8 intended parents who are each other's spouse.
9 § 581-205. Jurisdiction. Proceedings pursuant to this article may be
10 instituted in the supreme, family or surrogate's court.
11 PART 3
12 CHILD OF ASSISTED REPRODUCTION
13 Section 581-301. Scope of article.
14 581-302. Status of donor.
15 581-303. Parentage of child of assisted reproduction.
16 581-304. Consent to assisted reproduction.
17 581-305. Limitation on spouses' dispute of parentage of child of
18 assisted reproduction.
19 581-306. Effect of embryo disposition agreement between intended
20 parents which transfers custody and control to one
21 intended parent.
22 581-307. Effect of death of intended parent.
23 § 581-301. Scope of article. This article does not apply to the birth
24 of a child conceived by means of sexual intercourse.
25 § 581-302. Status of donor. A donor is not a parent of a child
26 conceived by means of assisted reproduction.
27 § 581-303. Parentage of child of assisted reproduction. (a) An indi-
28 vidual who provides gametes for assisted reproduction with the intent to
29 be a parent of the child and consents to assisted reproduction with the
30 consent of the gestating parent as provided in section 581-304 of this
31 part, is a parent of the resulting child for all legal purposes.
32 (b) Upon application by any participant, the court shall issue a judg-
33 ment of parentage to any participant who is a parent pursuant to this
34 act.
35 § 581-304. Consent to assisted reproduction. (a) Where the intended
36 parent who gives birth to a child by means of assisted reproduction is a
37 spouse, the consent of both spouses to the assisted reproduction is
38 presumed and neither spouse may challenge the parentage of the child,
39 except as provided in section 581-305 of this part.
40 (b) Where the intended parent who gives birth to a child by means of
41 assisted reproduction is not a spouse, the consent to the assisted
42 reproduction must be in a record in such a manner as to indicate the
43 mutual agreement of the intended parents to conceive and parent a child
44 together.
45 (c) The absence of a record described in subdivision (b) of this
46 section shall not preclude a finding that such consent existed if the
47 court finds by clear and convincing evidence that at the time of the
48 assisted reproduction the intended parents agreed to conceive and parent
49 the child together.
50 § 581-305. Limitation on spouses' dispute of parentage of child of
51 assisted reproduction. (a) Except as otherwise provided in subdivision
52 (b) of this section, neither spouse may challenge the presumption of
53 parentage of the child unless:
54 (1) Within two years after learning of the birth of the child a
55 proceeding is commenced to adjudicate parentage; and
S. 1505--A 206 A. 2005--A
1 (2) The court finds by clear and convincing evidence that either
2 spouse did not consent for the non-gestating spouse to be a parent of
3 the child.
4 (b) A proceeding for a judgment of parentage may be maintained at any
5 time if the court finds by clear and convincing evidence that:
6 (1) The spouse did not consent to assisted reproduction by the indi-
7 vidual who gave birth; and
8 (2) The spouse and the individual who gave birth have not cohabited
9 since the spouse knew or had reason to know of the pregnancy; and
10 (3) The spouse never openly held out the child as his or her own.
11 (c) The limitation provided in this section applies to a spousal
12 relationship that has been declared invalid after assisted reproduction
13 or artificial insemination.
14 § 581-306. Effect of embryo disposition agreement between intended
15 parents which transfers custody and control to one intended parent. (a)
16 An embryo disposition agreement between intended parents with joint
17 custody and control of an embryo shall be binding under the following
18 circumstances:
19 (1) it is in writing;
20 (2) each intended parent had the advice of counsel prior to its
21 execution; and
22 (3) where the intended parents are married, transfer of custody and
23 control occurs only upon divorce.
24 (b) The intended parent who transfers custody and control of the
25 embryo is not a parent of any child born from the embryo unless the
26 agreement states that he or she consents to be a parent.
27 (c) If the intended parent transferring custody and control consents
28 to be a parent, he or she may withdraw his or her consent to be a parent
29 upon notice to the embryo storage facility and to the other intended
30 parent prior to transfer of the embryo. If he or she timely withdraws
31 consent to parent he or she is not a parent for any purpose including
32 support obligations but the embryo transfer may still proceed.
33 (d) An embryo disposition agreement or advance directive that is not
34 in compliance with subdivision (a) of this section may still be found to
35 be enforceable by the court after balancing the respective interests of
36 the parties except that under no circumstances may the intended parent
37 who divested him or herself of custody and control be declared to be a
38 parent for any purpose without his or her consent. The parent awarded
39 custody and control of the embryos shall, in this instance, be declared
40 to be the only parent of the child.
41 § 581-307. Effect of death of intended parent. If an individual who
42 consented in a record to be a parent by assisted reproduction dies
43 before the transfer of eggs, sperm, or embryos, the deceased individual
44 is not a parent of the resulting child unless the deceased individual
45 consented in a signed record that if assisted reproduction were to occur
46 after death, the deceased individual would be a parent of the child,
47 provided that the record complies with the estates, powers and trusts
48 law.
49 PART 4
50 GESTATIONAL AGREEMENT
51 Section 581-401. Gestational agreement authorized.
52 581-404. Eligibility.
53 581-405. Requirements of gestational agreement.
54 581-406. Termination of gestational agreement.
S. 1505--A 207 A. 2005--A
1 581-407. Gestational agreement: effect of subsequent spousal
2 relationship.
3 581-408. Failure to obtain a judgment of parentage.
4 581-409. Dispute as to gestational agreement.
5 581-410. Inspection of records.
6 581-411. Exclusive, continuing jurisdiction.
7 § 581-401. Gestational agreement authorized. (a) If eligible under
8 this article to enter into a gestational agreement, a gestational carri-
9 er, the gestational carrier's spouse if applicable, and the intended
10 parent may enter into a gestational agreement which will be enforceable
11 provided the gestational agreement meets the requirements of this arti-
12 cle.
13 (b) A gestational agreement shall not apply to the birth of a child
14 conceived by means of sexual intercourse.
15 (c) A gestational agreement may provide for payment of compensation
16 under part five of this article.
17 (d) A gestational agreement may not limit the right of the gestational
18 carrier to make decisions to safeguard the gestational carrier's health
19 or that of any fetus or embryo the gestational carrier is carrying.
20 (e) A gestational agreement may not limit the right of the gestational
21 carrier to terminate the pregnancy or reduce the number of fetuses or
22 embryos the gestational carrier is carrying.
23 § 581-404. Eligibility. (a) A gestational carrier shall be eligible
24 to enter into an enforceable gestational agreement under this article if
25 the gestational carrier has met the following requirements at the time
26 the gestational agreement is executed:
27 (1) The gestational carrier is at least twenty-one years of age; and
28 (2) The gestational carrier has not provided the egg used to conceive
29 the resulting child; and
30 (3) The gestational carrier has completed a medical evaluation with a
31 health care practitioner relating to the anticipated pregnancy; and
32 (4) The gestational carrier, and the gestational carrier's spouse if
33 applicable have undergone legal consultation with independent legal
34 counsel of their own choosing which may be paid for by the intended
35 parent regarding the terms of the gestational agreement and the poten-
36 tial legal consequences of the gestational carrier arrangement; and
37 (5) The gestational carrier has, or the gestational agreement stipu-
38 lates that prior to the embryo transfer, the gestational carrier will
39 obtain, a health insurance policy that covers major medical treatments
40 and hospitalization, and the health insurance policy has a term that
41 extends throughout the duration of the expected pregnancy and for eight
42 weeks after the birth of the child; the policy may be procured and paid
43 for by the intended parents on behalf of the gestational carrier pursu-
44 ant to the gestational agreement.
45 (b) The intended parent shall be eligible to enter into an enforceable
46 gestational agreement under this article if he, she, or they have met
47 the following requirements at the time the gestational agreement was
48 executed:
49 (1) He, she, or they have undergone legal consultation with independ-
50 ent legal counsel regarding the terms of the gestational agreement and
51 the potential legal consequences of the gestational carrier arrangement;
52 and
53 (2) He or she is an adult person who is not in a spousal relationship,
54 or adult spouses together, or any two adults who are intimate partners
55 together, except the spouse of the intended parent is not required to be
56 a party to the gestational agreement and shall not have parental rights
S. 1505--A 208 A. 2005--A
1 or obligations to the child where the intended parent and his or her
2 spouse:
3 (i) are living separate and apart pursuant to a decree or judgment of
4 separation or pursuant to a written agreement of separation subscribed
5 by the parties thereto and acknowledged or proved in the form required
6 to entitle a deed to be recorded; or
7 (ii) have been living separate and apart for at least three years
8 prior to execution of the gestational agreement.
9 § 581-405. Requirements of gestational agreement. (a) A gestational
10 agreement shall be deemed to have satisfied the requirements of this
11 article and be enforceable if it meets the following requirements:
12 (1) It shall be in a signed record verified by:
13 i. the intended parents, and
14 ii. the gestational carrier, and the gestational carrier's spouse,
15 unless;
16 A. the gestational carrier and the gestational carrier's spouse are
17 living separate and apart pursuant to a decree or judgment of separation
18 or pursuant to a written agreement of separation subscribed by the
19 parties thereto and acknowledged or proved in the form required to enti-
20 tle a deed to be recorded; or
21 B. have been living separate and apart for at least three years prior
22 to execution of the gestational agreement; and
23 (2) It shall be executed prior to the embryo transfer; and
24 (3) It shall be executed by a gestational carrier meeting the eligi-
25 bility requirements of subdivision (a) of section 581-404 of this part
26 and by the gestational carrier's spouse, unless the gestational carri-
27 er's spouse's signature is not required as set forth in this section;
28 and
29 (4) It shall be executed by intended parents meeting the eligibility
30 requirements of subdivision (b) of section 581-404 of this part; and
31 (5) The gestational carrier and the gestational carrier's spouse if
32 applicable and the intended parents shall have been represented by sepa-
33 rate, independent counsel in all matters concerning the gestational
34 agreement; and
35 (6) If the gestational agreement provides for the payment of compen-
36 sation to the gestational carrier, the compensation shall have been
37 placed in escrow with an independent escrow agent prior to the gesta-
38 tional carrier's commencement of any medical procedure other than
39 medical evaluations necessary to determine the gestational carrier's
40 eligibility; and
41 (7) The agreement must include information disclosing how the intended
42 parents will cover the medical expenses of the surrogate and the child.
43 If health care coverage is used to cover the medical expenses, the
44 disclosure shall include a review of the health care policy provisions
45 related to coverage for surrogate pregnancy, including any possible
46 liability of the surrogate, third-party liability liens or other insur-
47 ance coverage, and any notice requirements that could affect coverage or
48 liability of the surrogate.
49 (8) The gestational agreement must include the following terms:
50 (i) As to the gestational carrier and the gestational carrier's
51 spouse, if any:
52 (A) the agreement of the gestational carrier to undergo embryo trans-
53 fer and attempt to carry and give birth to the child; and
54 (B) the agreement of the gestational carrier and the gestational
55 carrier's spouse, if any, to surrender custody of all resulting children
56 to the intended parent immediately upon the birth; and
S. 1505--A 209 A. 2005--A
1 (C) the right of the gestational carrier to utilize the services of a
2 health care practitioner of the gestational carrier's choosing, to
3 provide her care during the pregnancy; and
4 (ii) As to the intended parent:
5 (A) the agreement to accept custody of all resulting children imme-
6 diately upon birth regardless of number, gender, or mental or physical
7 condition; and
8 (B) the agreement to assume sole responsibility for the support of the
9 child immediately upon the child's birth; and
10 (C) the agreement that the rights and obligations of the intended
11 parent under the gestational agreement are not assignable.
12 § 581-406. Termination of gestational agreement. After the execution
13 of a gestational agreement but before the gestational carrier becomes
14 pregnant by means of assisted reproduction, the gestational carrier, the
15 gestational carrier's spouse, if any, or any intended parent may termi-
16 nate the gestational agreement by giving notice of termination in a
17 record to all other parties. Upon proper termination of the gestational
18 agreement the parties are released from all obligations recited in the
19 agreement except that the intended parent remains responsible for all
20 expenses that are reimbursable under the agreement which have been
21 incurred by the gestational carrier through the date of termination.
22 Unless the agreement provides otherwise, the gestational carrier is
23 entitled to keep all payments she has received and obtain all payments
24 to which the gestational carrier is entitled. Neither a prospective
25 gestational carrier nor the gestational carrier's spouse, if any, is
26 liable to the intended parent for terminating a gestational agreement as
27 provided in this section.
28 § 581-407. Gestational agreement: effect of subsequent spousal
29 relationship. After the execution of a gestational agreement under this
30 article, the subsequent spousal relationship of the gestational carrier
31 does not affect the validity of a gestational agreement, the gestational
32 carrier's spouse's consent to the agreement shall not be required, and
33 the gestational carrier's spouse shall not be the presumed parent of the
34 resulting child.
35 § 581-408. Failure to obtain a judgment of parentage. Where an
36 intended parent or the gestational carrier fails to obtain a judgment of
37 parentage pursuant to section 581-203 of this article, either because
38 the gestational agreement does not meet the requirements of this article
39 or there was no gestational agreement, the parentage of a child will be
40 determined based on the best interests of the child taking into account
41 genetics and the intent of the parties. An intended parent's absence of
42 genetic connection to the child is not a sufficient basis to deny that
43 individual a judgment of legal parentage.
44 § 581-409. Dispute as to gestational agreement. (a) Any dispute which
45 is related to a gestational agreement other than disputes as to parent-
46 age shall be resolved by the supreme court, which shall determine the
47 respective rights and obligations of the parties. If a gestational
48 agreement does not meet the requirements of this article, except as set
49 forth in subdivision (d) of section 581-203 of part two of this article
50 the agreement is not enforceable.
51 (b) Except as expressly provided in the gestational agreement, the
52 intended parent and the gestational carrier shall be entitled to all
53 remedies available at law or equity in any dispute related to the gesta-
54 tional agreement.
55 (c) There shall be no specific performance remedy available for a
56 breach by the gestational carrier of a gestational agreement term that
S. 1505--A 210 A. 2005--A
1 requires the gestational carrier to be impregnated or to terminate the
2 pregnancy or to reduce the number of fetuses or embryos the gestational
3 carrier is carrying.
4 § 581-410. Inspection of records. The proceedings, records, and iden-
5 tities of the individual parties to a gestational agreement under this
6 article shall be sealed except upon the petition of the parties to the
7 gestational agreement or the child born as a result of the gestational
8 carrier arrangement.
9 § 581-411. Exclusive, continuing jurisdiction. Subject to the juris-
10 dictional standards of section seventy-six of the domestic relations
11 law, the court conducting a proceeding under this article has exclusive,
12 continuing jurisdiction of all matters arising out of the gestational
13 agreement until a child born to the gestational carrier during the peri-
14 od governed by the agreement attains the age of one hundred eighty days.
15 PART 5
16 PAYMENT TO DONORS AND GESTATIONAL CARRIERS
17 Section 581-501. Reimbursement.
18 581-502. Compensation.
19 § 581-501. Reimbursement. (a) A donor who has entered into a valid
20 agreement to be a donor, may receive reimbursement from an intended
21 parent for economic losses incurred in connection with the donation
22 which result from the retrieval or storage of gametes or embryos.
23 (b) Premiums paid for insurance against economic losses directly
24 resulting from the retrieval or storage of gametes or embryos for
25 donation may be reimbursed.
26 § 581-502. Compensation. (a) Compensation may be paid to a donor or
27 gestational carrier based on services rendered, expenses and or medical
28 risks that have been or will be incurred, time, and inconvenience. Under
29 no circumstances may compensation be paid to purchase gametes or embryos
30 or to pay for the relinquishment of a parental interest in a child.
31 (b) The compensation, if any, paid to a donor or gestational carrier
32 must be reasonable and negotiated in good faith between the parties, and
33 said payments to a gestational carrier shall not exceed the duration of
34 the pregnancy and recuperative period of up to eight weeks after the
35 birth of the child.
36 (c) Compensation may not be conditioned upon the purported quality or
37 genome-related traits of the gametes or embryos.
38 (d) Compensation may not be conditioned on actual genotypic or pheno-
39 typic characteristics of the donor or of the child.
40 PART 6
41 MISCELLANEOUS PROVISIONS
42 Section 581-601. Remedial.
43 581-602. Severability.
44 581-603. Parent under section seventy of the domestic relations
45 law.
46 581-604. Interpretation.
47 § 581-601. Remedial. This legislation is hereby declared to be a
48 remedial statute and is to be construed liberally to secure the benefi-
49 cial interests and purposes thereof for the best interests of the child.
50 § 581-602. Severability. The invalidation of any part of this legis-
51 lation by a court of competent jurisdiction shall not result in the
52 invalidation of any other part.
53 § 581-603. Parent under section seventy of the domestic relations law.
54 The term "parent" in section seventy of the domestic relations law shall
S. 1505--A 211 A. 2005--A
1 include a person established to be a parent under this article or any
2 other relevant law.
3 § 581-604. Interpretation. Unless the context indicates otherwise,
4 words importing the singular include and apply to several persons,
5 parties, or things; words importing the plural include the singular.
6 § 2. Section 73 of the domestic relations law is REPEALED.
7 § 3. Article 8 of the domestic relations law is REPEALED.
8 § 4. This act shall take effect on the one hundred twentieth day after
9 it shall have become a law. Effective immediately, the addition, amend-
10 ment and/or repeal of any rule or regulation necessary for the implemen-
11 tation of this act on its effective date are authorized to be made on or
12 before such date.
13 PART RR
14 Section 1. The executive law is amended by adding a new section 63-e
15 to read as follows:
16 § 63-e. Office of special investigation. There is established within
17 the department of law an office of special investigation. Notwithstand-
18 ing any other provision of this article, the office shall investigate
19 any case in which the death of an unarmed civilian is caused by a police
20 officer during the performance of his or her duties. Proceedings of the
21 office under this section shall be conducted by the deputy attorney
22 general for special investigation, who may appear in person or by his or
23 her deputy or assistant before any court or grand jury and exercise all
24 of the powers and perform all of the duties with respect to such actions
25 or proceedings which the district attorney would otherwise be authorized
26 or required to exercise or perform. Where an investigation required
27 under this section involves the state police, the attorney general shall
28 appoint an independent special prosecutor to conduct such investigation.
29 In all proceedings of the office under this section, all expenses
30 incurred by the attorney general, including the salary or other compen-
31 sation of all deputies employed, shall be charged as provided for under
32 subdivision two of section sixty-three of this article.
33 § 2. The executive law is amended by adding a new section 837-t to
34 read as follows:
35 § 837-t. Use of force reporting. The chief of every police department,
36 each county sheriff, and the superintendent of state police shall
37 report, to the division in a form and manner as defined by the division,
38 any incident where a police officer, as defined in subdivision thirty-
39 four of section 1.20 of the criminal procedure law or a peace officer as
40 defined in section 2.10 of the criminal procedure law, discharges a
41 firearm in the direction of another person, or where his or her action
42 results in the death or serious bodily injury of another person. Serious
43 bodily injury is defined as bodily injury that involves a substantial
44 risk of death, unconsciousness, protracted and obvious disfigurement, or
45 protracted loss of impairment of the function of a bodily member, organ
46 or mental faculty.
47 § 3. Subdivision 4 of section 840 of the executive law is amended by
48 adding a new paragraph (d) to read as follows:
49 (d) Establish a model law enforcement use of force policy suitable for
50 adoption by any law enforcement agency throughout the state. The use of
51 force policy shall include, but not be limited to, information on
52 current law as it relates to use of force and acts or techniques a
53 police officer or peace officer may not use in the course of acting in
54 his or her official capacity. The chief of every local police depart-
S. 1505--A 212 A. 2005--A
1 ment, each county sheriff, and the superintendent of state police shall
2 implement a use of force policy. The use of force policy should be
3 consistent with the model law enforcement policy as required by this
4 section except that a department shall not be limited from imposing
5 further restrictions on the use of force.
6 § 4. This act shall take effect immediately.
7 PART SS
8 Section 1. Subdivision (a) of section 8019 of the civil practice law
9 and rules, as amended by chapter 773 of the laws of 1965, is amended to
10 read as follows:
11 (a) Application. The fees of a county clerk specified in this article
12 shall supersede the fees allowed by any other statute for the same
13 services, except in so far as the administrative code of the city of New
14 York sets forth different fees for the city register of the city of New
15 York and the county clerk of Richmond, and except that such fees do not
16 include the block fees as set out in the Nassau county administrative
17 code or the recording and filing fees as set out in the Suffolk county
18 administrative code, which are to be charged in addition to the fees
19 specified in this article. This subdivision does not apply to the fees
20 specified in subdivision (f) of section 8021.
21 § 2. Subparagraph (b) of paragraph 1 of subdivision (f) of section
22 8021 of the civil practice law and rules, as amended by chapter 784 of
23 the laws of 1983, is amended to read as follows:
24 (b) if the real estate is in the city of New York or the [county]
25 counties of Suffolk or Nassau, any block fees allowed by the administra-
26 tive code of the city of New York or the Nassau county administrative
27 code or any recording and filing fees allowed by the Suffolk county
28 administrative code;
29 § 3. This act shall take effect immediately.
30 PART TT
31 Section 1. Notwithstanding the provisions of sections 79-a and 79-b of
32 the correction law, the governor is authorized to close up to three
33 correctional facilities of the department of corrections and community
34 supervision, in state fiscal year 2019-2020, as he determines to be
35 necessary for the cost-effective and efficient operation of the correc-
36 tional system, provided that the governor provides at least 60 days
37 notice prior to any such closures to the temporary president of the
38 senate and the speaker of the assembly.
39 § 2. This act shall take effect immediately and shall be deemed to
40 have been in full force and effect on and after April 1, 2019 and shall
41 expire and be deemed repealed March 31, 2020.
42 PART UU
43 Section 1. Sections 2.10 and 2.16 of the criminal procedure law are
44 REPEALED and a new section 2.10 is added to read as follows:
45 § 2.10 Persons designated as peace officers.
46 1. Notwithstanding the provisions of any general, special or local law
47 or charter to the contrary, the following persons shall have the powers
48 of, and shall be peace officers and shall have the authority to carry,
49 possess, repair, or dispose of a firearm without an appropriate license
50 therefor issued pursuant to section 400.00 of the penal law, and
S. 1505--A 213 A. 2005--A
1 provided that such person shall exercise the powers of a peace officer
2 only when he or she is acting pursuant to his or her special duties:
3 (a) Parole officers and warrant officers.
4 (b) Probation officers.
5 (c) Officials of the department of corrections and community super-
6 vision and correction officers of any state correctional facility,
7 appointed and designated by the commissioner as a peace officer;
8 correction officers of any penal correctional institution appointed and
9 designated by the sheriff of a county as a peace officer; and cell block
10 attendants employed by a police department appointed and designated by
11 the head of a police department as a peace officer.
12 (d) Uniformed court officers, court clerks, marshalls, and deputy
13 marshalls of the unified court system; court security officers, mars-
14 halls or court attendants appointed and designated as peace officers by
15 a city, town, village or sheriff.
16 (e) Bridge and tunnel officers, sergeants and lieutenants of the
17 Triborough bridge and tunnel authority.
18 (f) The sheriff, undersheriff, and deputy sheriffs of the city of New
19 York and sworn officers of the Westchester county department of public
20 safety services appointed after January thirty-first, nineteen hundred
21 eighty-three to the title of public safety officer and who performs the
22 functions previously performed by a Westchester county deputy sheriff on
23 or prior to such date.
24 2. Notwithstanding the provisions of any general, special or local law
25 or charter to the contrary, the following persons shall have the powers
26 of, and shall be peace officers, provided however that nothing in this
27 subdivision shall be deemed to authorize such officers to carry,
28 possess, repair or dispose of a firearm unless the appropriate license
29 therefor has been issued pursuant to section 400.00 of the penal law
30 unless such person was appointed prior to the effective date of this
31 act, and provided that such person shall exercise the powers of a peace
32 officer only when he or she is acting pursuant to his or her special
33 duties:
34 (a) Constables or police constables of a town or village, provided
35 such designation is not inconsistent with local law and appointed and
36 designated by the town or village as peace officers.
37 (b) Bay constables of the village of Mamaroneck and the towns of Hemp-
38 stead, Oyster Bay, South Hampton, North Hempstead and Islip who prior to
39 April third, nineteen hundred ninety-eight served as harbormaster for
40 such town and whose position was reclassified as bay constable for such
41 town prior to such date, appointed and designated by the town as peace
42 officers.
43 (c) Harbor masters appointed and designated by a county, city, town or
44 village as peace officers.
45 (d) Officers or agents of a duly incorporated society for the
46 prevention of cruelty to animals.
47 (e) Persons employed by a state or county or political subdivision of
48 the state or county assigned to the investigation and enforcement of any
49 criminal or tax law and designated by the state or county subdivision as
50 a peace officer.
51 (f) Uniformed housing guards of the Buffalo municipal housing authori-
52 ty.
53 (g) Persons appointed and designated as peace officers by the Niagara
54 frontier transportation authority, pursuant to subdivision thirteen of
55 section twelve hundred ninety-nine-e of the public authorities law.
S. 1505--A 214 A. 2005--A
1 3. Notwithstanding the provisions of any general, special or local law
2 or charter to the contrary, the following persons shall have the powers
3 of, and shall be peace officers provided however that nothing in this
4 subdivision shall be deemed to authorize such officers to carry,
5 possess, repair or dispose of a firearm unless the appropriate license
6 therefor has been issued pursuant to section 400.00 of the penal law and
7 the employer has authorized such officer to possess a firearm during any
8 phase of the officer's on-duty employment and provided that such person
9 shall exercise the powers of a peace officer only when he or she is
10 acting pursuant to his or her special duties:
11 (a) Supervising fire inspectors, fire inspectors, fire marshalls,
12 chief fire marshalls, and assistant fire marshalls, fire prevention
13 employees, fire investigators employed by and appointed and designated
14 as a peace officer by the state, a county, city, town, village or fire
15 district when acting pursuant to their special duties in matters arising
16 under the laws relating to fires, the extinguishment thereof and fire
17 perils.
18 (b) Persons employed by a college, university, sheriff or police
19 department as members of the security force of such college or universi-
20 ty for the protection of grounds, buildings, and property, the
21 prevention of crime and enforcement of law and order and the enforcement
22 of such rules and regulations of such college or university when desig-
23 nated by the college or university as a peace officer. The geographic
24 area of employment for peace officers employed by the University of
25 Rochester shall include any public street and sidewalk that abuts the
26 grounds, buildings or property of such university. Special deputy sher-
27 iffs appointed by the sheriff of Tompkins county for the protection of
28 the grounds, buildings and property of Ithaca college may, when
29 requested by the sheriff, provide assistance on any public highway which
30 crosses or adjoins such property. Syracuse University peace officers
31 appointed by the chief law enforcement officer of the city of Syracuse
32 for the protection of the grounds, buildings and property of Syracuse
33 University may, when requested by the chief law enforcement officer of
34 the city of Syracuse or his or her designee, including by means of writ-
35 ten protocols agreed to by the chief law enforcement officer of the city
36 of Syracuse and Syracuse University, provide assistance on any public
37 highway which crosses or adjoins such grounds or premises. Nothing in
38 this paragraph shall be deemed to limit any of the specific training
39 requirements set forth in the education law.
40 (c) Parole revocation specialists in the department of corrections and
41 community supervision.
42 (d) The state inspector general and investigators designated by the
43 state inspector general.
44 (e) The welfare inspector general and investigators designated by the
45 welfare inspector general.
46 (f) The workers' compensation fraud inspector general and investi-
47 gators designated by the workers' compensation fraud inspector general.
48 (g) Parks, recreation, or forest rangers employed by and appointed and
49 designated as peace officers by the state, a county or a political
50 subdivision of the state or county.
51 (h) Officers or agents of a duly incorporated society for the
52 prevention of cruelty to children in Rockland county.
53 (i) Special policemen designated by the commissioner and the directors
54 of in-patient facilities in the office of mental health pursuant to
55 section 7.25 of the mental hygiene law, and special policemen designated
56 by the commissioner and the directors of facilities under his jurisdic-
S. 1505--A 215 A. 2005--A
1 tion in the office for people with developmental disabilities pursuant
2 to section 13.25 of the mental hygiene law.
3 (j) Persons designated as special policemen by the director of a
4 hospital in the department of health pursuant to section four hundred
5 fifty-five of the public health law.
6 (k) Uniformed enforcement forces of the New York state thruway author-
7 ity, when acting pursuant to subdivision two of section three hundred
8 sixty-one of the public authorities law.
9 (l) Employees of the department of health designated pursuant to
10 section thirty-three hundred eighty-five of the public health law.
11 (m) Bay constables of the city of Rye, the village of South Nyack and
12 bay constables of the towns of East Hampton, Riverhead, Southold, Islip,
13 Shelter Island, Brookhaven, Babylon, Smithtown and Huntington appointed
14 and designated by the town, city or village as peace officers.
15 (n) Patrolmen appointed and designated by the Lake George park commis-
16 sion as peace officers.
17 (o) Peace officers appointed and designated pursuant to the provisions
18 of the New York state defense emergency act, as set forth in chapter
19 seven hundred eighty-four of the laws of nineteen hundred fifty-one, as
20 amended, when acting pursuant to their special duties during a period of
21 attack or imminent attack by enemy forces, or during official drills
22 called to combat natural or man-made disasters, or during official
23 drills in preparation for an attack by enemy forces or in preparation
24 for a natural or man-made disaster; provided that such officer shall
25 have the powers set forth in section 2.20 of this article only during a
26 period of imminent or actual attack by enemy forces and during drills
27 authorized under section twenty-nine-b of the executive law, providing
28 for the use of civil defense forces in disasters. Notwithstanding any
29 other provision of law, such officers shall have the power to direct and
30 control traffic during official drills in preparation for an attack by
31 enemy forces or in preparation for combating natural or man-made disas-
32 ters; however, this grant does not include any of the other powers set
33 forth in section 2.20 of this article.
34 (p) New York city special patrolmen appointed by the police commis-
35 sioner provided, however, that nothing in this paragraph shall be deemed
36 to authorize such officer to carry a firearm for which the appropriate
37 license therefor has been issued pursuant to section 400.00 of the penal
38 law unless the employer has authorized such officer to possess a firearm
39 during any phase of the officers on-duty employment. Special patrolmen
40 shall have the powers set forth in section 2.20 of this article only
41 when they are acting pursuant to their special duties; provided, howev-
42 er, that the following categories of New York city special patrolmen
43 shall have such powers whether or not they are acting pursuant to their
44 special duties: school safety officers employed by the board of educa-
45 tion of the city of New York; parking control specialists, taxi and
46 limousine inspectors, urban park rangers and evidence and property
47 control specialists employed by the city of New York; and further
48 provided that, with respect to the aforementioned categories of New York
49 city special patrolmen, where such a special patrolman has been
50 appointed by the police commissioner and, upon the expiration of such
51 appointment the police commissioner has neither renewed such appointment
52 nor explicitly determined that such appointment shall not be renewed,
53 such appointment shall remain in full force and effect indefinitely,
54 until such time as the police commissioner expressly determines to
55 either renew or terminate such appointment.
S. 1505--A 216 A. 2005--A
1 (q) All officers and members of the uniformed force of the New York
2 city fire department as set forth and subject to any limitations
3 contained in the administrative code of the city of New York.
4 (r) Special policemen for horse racing, appointed and designated
5 pursuant to sections two hundred twenty-three, three hundred twelve and
6 four hundred twelve of the racing, pari-mutuel wagering and breeding
7 law.
8 (s) Waterfront and airport investigators, pursuant to subdivision four
9 of section 5-b of part II of the waterfront and airport commission act.
10 (t) Special patrolmen of a political subdivision, appointed pursuant
11 to section two hundred nine-v of the general municipal law.
12 (u) Special officers employed by the city of New York or by the New
13 York city health and hospitals corporation. The New York city health and
14 hospitals corporation shall employ peace officers appointed pursuant to
15 this subdivision to perform the patrol, investigation, and maintenance
16 of the peace duties of special officer, senior special officer and
17 hospital security officer, provided however that nothing in this para-
18 graph shall prohibit managerial, supervisory, or state licensed or
19 certified professional employees of the corporation from performing such
20 duties where they are incidental to their usual duties, or shall prohib-
21 it police officers employed by the city of New York from performing
22 these duties.
23 (v) Housing patrolmen of the Mount Vernon housing authority, appointed
24 and designated as peace officers and acting pursuant to rules of the
25 Mount Vernon housing authority.
26 (w) Persons appointed and designated as peace officers by the Sea Gate
27 Association pursuant to the provisions of chapter three hundred ninety-
28 one of the laws of nineteen hundred forty.
29 (x) New York state air base security guards when they are appointed
30 and designated as peace officers under military regulations promulgated
31 by the chief of staff to the governor and when performing their duties
32 as air base security guards pursuant to orders issued by appropriate
33 military authority.
34 (y) Members of the army national guard military police and air
35 national guard security personnel belonging to the organized militia of
36 the state of New York when they are appointed and designated as peace
37 officers under military regulations promulgated by the adjutant general
38 and when performing their duties as military policemen or air security
39 personnel pursuant to orders issued by appropriate military authority.
40 (z) Transportation supervisors in the city of White Plains appointed
41 and designated by the commissioner of public safety in the city of White
42 Plains as peace officers.
43 (aa) Security hospital treatment assistants, appointed and designated
44 by the commissioner of the office of mental health as peace officers
45 while performing duties in or arising out of the course of their employ-
46 ment.
47 (bb) Authorized agents of the municipal directors of weights and meas-
48 ures in the counties of Suffolk, Nassau and Westchester when acting
49 pursuant to their special duties as set forth in section one hundred
50 eighty-one of the agriculture and markets law.
51 (cc) Special policemen appointed and designated by a town as peace
52 officers pursuant to section one hundred fifty-eight of the town law.
53 (dd) Dog control and animal control officers appointed and designated
54 as peace officers by a political subdivision of the state.
55 (ee) Harbor park rangers employed by the Snug Harbor cultural center
56 in Richmond county and appointed as New York city special patrolmen by
S. 1505--A 217 A. 2005--A
1 the police commissioner pursuant to the administrative code of the city
2 of New York. Notwithstanding any provision of law, rule or regulation,
3 such officers shall be authorized to issue appearance tickets pursuant
4 to section 150.20 of this chapter, and shall have such other powers as
5 are specified in section 2.20 of this article only when acting pursuant
6 to their special duties.
7 (ff) Officers of the Westchester county public safety emergency force,
8 when activated by the commissioner of public safety or the sheriff of
9 the county of Westchester.
10 (gg) Uniformed members of the security force of the Troy housing
11 authority appointed and designated by the Troy housing authority as
12 peace officers.
13 (hh) Officers and members of the sanitation police of the department
14 of sanitation of the city of New York, duly appointed and designated as
15 peace officers by such department. Provided, further, that nothing in
16 this paragraph shall be deemed to apply to officers and members of the
17 sanitation police regularly and exclusively assigned to enforcement of
18 such city's residential recycling laws.
19 (ii) Employees of the office of children and family services assigned
20 to transport and warrants units who are specifically designated by the
21 director in accordance with section five hundred four-b of the executive
22 law.
23 (jj) Employees appointed and designated as peace officers by a sheriff
24 pursuant to their special duties serving as uniformed marine patrol
25 officers.
26 (kk) Airport security guards, senior airport security guards, airport
27 security supervisors, retired police officers, and supervisors of same,
28 who are appointed and designated by resolution of the town board of the
29 town of Islip to provide security at Long Island MacArthur Airport when
30 acting pursuant to their duties as such, and such authority being
31 specifically limited to the grounds of the said airport.
32 (ll) Members of the security force employed and appointed and desig-
33 nated as peace officers by Erie County Medical Center.
34 (mm) Employees of the New York city business integrity commission
35 appointed and designated as peace officers by the chairperson of such
36 commission.
37 (nn) Members of the security force employed by Kaleida Health within
38 and directly adjacent to the hospital buildings on the medical campus
39 located between East North Street, Goodell Street, Main Street and
40 Michigan Avenue. These officers shall only have the powers listed in
41 paragraph (c) of subdivision one of section 2.20 of this article, as
42 well as the power to detain an individual for a reasonable period of
43 time while awaiting the arrival of law enforcement, provided that the
44 officer has actual knowledge, or probable cause to believe, that such
45 individual has committed an offense.
46 (oo) Watershed protection and enforcement officers appointed by the
47 city of Peekskill. Such officers shall only have the powers set forth in
48 paragraphs (a), (b), (c), (f), (g), and (h) of subdivision one of
49 section 2.20 of this article and, notwithstanding paragraph (b) of
50 subdivision thirty-four-a of section 1.20 of this title and paragraph
51 (b) of subdivision five of section 140.25 of this chapter, watershed
52 protection and enforcement officers are authorized to make arrests and
53 issue appearance tickets in those areas of the Hollow Brook watershed
54 and Wiccopee reservoir located outside of the city of Peekskill in the
55 counties of Putnam and Westchester, including along its reservoirs,
56 shoreline, and tributaries.
S. 1505--A 218 A. 2005--A
1 (pp) A special investigator of the New York city department of inves-
2 tigation who has received training in firearm handling in the New York
3 police academy and has received a firearm permit from the license divi-
4 sion of the New York city police department.
5 § 2. Subdivision 23 of section 105 of the alcoholic beverage control
6 law, as added by section 1 of part F of chapter 85 of the laws of 2002,
7 is amended to read as follows:
8 23. All premises licensed under sections fifty-four, fifty-four-a,
9 sixty-three and seventy-nine of this chapter shall be subject to
10 inspection by any peace officer described in [subdivision four] para-
11 graph (e) of subdivision two of section 2.10 of the criminal procedure
12 law acting pursuant to his special duties, or police officer or any duly
13 authorized representative of the state liquor authority, during the
14 hours when the said premises are open for the transaction of business.
15 § 3. Paragraph 7 of subdivision a of section 10-131 of the administra-
16 tive code of the city of New York, as amended by chapter 195 of the laws
17 of 2005, is amended to read as follows:
18 7. A fee shall not be charged or collected for the issuance of a
19 license, or the renewal thereof, to have and carry concealed a pistol or
20 revolver which is issued upon the application of a qualified retired
21 police officer as defined in subdivision thirty-four of section 1.20 of
22 the criminal procedure law, or a qualified retired bridge and tunnel
23 officer, sergeant or lieutenant of the triborough bridge and tunnel
24 authority as defined under paragraph (e) of subdivision [twenty] one of
25 section 2.10 of the criminal procedure law, or a qualified retired
26 uniformed court officer in the unified court system, or a qualified
27 retired court clerk in the unified court system in the first and second
28 judicial departments, as defined in [paragraphs a and b of subdivision
29 twenty-one] paragraph (d) of subdivision one of section 2.10 of the
30 criminal procedure law or a retired correction officer as defined in
31 [subdivision twenty-five] paragraph (c) of subdivision one of section
32 2.10 of the criminal procedure law or a qualified retired sheriff,
33 undersheriff or deputy sheriff of the city of New York as defined under
34 paragraph (f) of subdivision [two] one of section 2.10 of the criminal
35 procedure law.
36 § 4. Subdivision (a) of section 11-4021 of the administrative code of
37 the city of New York, as amended by chapter 556 of the laws of 2011, is
38 amended to read as follows:
39 (a) Whenever a police officer designated in section 1.20 of the crimi-
40 nal procedure law or a peace officer designated in paragraph (e) of
41 subdivision [five] two of section 2.10 of such law, acting pursuant to
42 his special duties, shall discover any cigarettes subject to any tax
43 provided by chapter thirteen of this title, and upon which the tax has
44 not been paid or the stamps not affixed as required by such chapter,
45 they are hereby authorized and empowered forthwith to seize and take
46 possession of such cigarettes, together with any vending machine or
47 receptacle in which they are held for sale. Such cigarettes, vending
48 machine or receptacle seized by a police officer or such peace officer
49 shall be turned over to the commissioner of finance.
50 § 5. Paragraph 2 of subdivision (c) of section 11-4023 of the adminis-
51 trative code of the city of New York, as added by local law number 97 of
52 the city of New York for the year 2013, is amended to read as follows:
53 (2) Ten days after the date of such posting, and upon the written
54 directive of the commissioner, police officers designated in section
55 1.20 of the criminal procedure law and peace officers employed by the
56 department of finance, including but not limited to the sheriff, under-
S. 1505--A 219 A. 2005--A
1 sheriff and deputy sheriffs of the city of New York designated as peace
2 officers in paragraph (f) of subdivision [two] one of section 2.10 of
3 the criminal procedure law, are authorized to act upon and enforce such
4 orders.
5 § 6. Subdivision (a) of section 11-4024 of the administrative code of
6 the city of New York, as added by local law number 97 of the city of New
7 York for the year 2013, is amended to read as follows:
8 (a) Whenever a police officer designated in section 1.20 of the crimi-
9 nal procedure law or a peace officer employed by the department of
10 finance, including but not limited to the sheriff, undersheriff or depu-
11 ty sheriffs of the city of New York designated as peace officers in
12 paragraph (f) of subdivision [two] one of section 2.10 of the criminal
13 procedure law, shall discover (1) any cigarettes subject to any tax
14 provided by chapter thirteen of this title, and upon which the tax has
15 been paid and the stamps affixed as required by such chapter, but such
16 cigarettes are sold, offered for sale or possessed by a person in
17 violation of section 11-1303, 17-703 or 20-202 of this code, or (2) any
18 flavored tobacco product that is sold, offered for sale or possessed
19 with intent to sell in violation of section 17-715 of this code, he or
20 she is hereby authorized and empowered forthwith to seize and take
21 possession of such cigarettes or flavored tobacco product, together with
22 any vending machine or receptacle in which such cigarettes or flavored
23 tobacco product are held for sale. Such cigarettes or flavored tobacco
24 product, vending machine or receptacle seized by such police officer or
25 such peace officer shall be turned over to the commissioner of finance.
26 § 7. Subdivision c of section 12-121 of the administrative code of the
27 city of New York, as added by chapter 427 of the laws of 2000, is
28 amended to read as follows:
29 c. City residence shall not be required as a condition of employment
30 for campus peace officers level I, level II and level III, as defined by
31 paragraph (p) of subdivision [twenty-seven] three of section 2.10 of the
32 criminal procedure law, employed by the city university of New York
33 before the effective date of this subdivision.
34 § 8. Subdivision a of section 17-182 of the administrative code of the
35 city of New York, as amended by local law number 22 of the city of New
36 York for the year 2002, is amended to read as follows:
37 a. Any corporation of government, the expenses of which are paid in
38 whole or in part from the city treasury, which provides health and
39 medical services and operates health facilities and which is authorized
40 to employ special officers having peace officer status as defined in
41 [New York Criminal Procedure Law § 2.10(40)] paragraph (u) of subdivi-
42 sion three of section 2.10 of the criminal procedure law, shall utilize
43 peace officers appointed pursuant to said subdivision to perform the
44 duties of special officer, senior special officer and hospital security
45 officer. The commissioner of the department of health and mental hygiene
46 shall enforce this requirement.
47 § 9. Subdivision 1 of section 120 of the correction law, as added by
48 chapter 202 of the laws of 2007, is amended to read as follows:
49 1. Except as provided in subdivisions two, three and four of this
50 section, the duty of maintaining the custody and supervision of persons
51 detained or confined in a correctional facility as defined in subdivi-
52 sion four of section two of this chapter, including a drug treatment
53 campus as defined in subdivision twenty of section two of this chapter,
54 or a local correctional facility as defined in subdivision sixteen of
55 section two of this chapter shall be performed solely by police officers
56 designated in paragraph (a), (b), (c), (d), (e), (g), (j) or (m) of
S. 1505--A 220 A. 2005--A
1 subdivision thirty-four of section 1.20 of the criminal procedure law or
2 peace officers designated in [subdivision twenty-five] paragraph (c) of
3 subdivision one of section 2.10 of the criminal procedure law, which
4 persons, whether employed full-time or part-time, shall be in the
5 competitive, non-competitive or exempt class of the civil service of New
6 York state as determined by state law or by the state or applicable
7 local civil service commission.
8 § 10. Paragraph (q) of subdivision 34 of section 1.20 of the criminal
9 procedure law, as amended by section 55 of part K of chapter 61 of the
10 laws of 2011, is amended to read as follows:
11 (q) An employee of the department of taxation and finance (i) assigned
12 to enforcement of the taxes imposed under or pursuant to the authority
13 of article twelve-A of the tax law and administered by the commissioner
14 of taxation and finance, taxes imposed under or pursuant to the authori-
15 ty of article eighteen of the tax law and administered by the commis-
16 sioner, taxes imposed under article twenty of the tax law, or sales or
17 compensating use taxes relating to petroleum products or cigarettes
18 imposed under article twenty-eight or pursuant to the authority of arti-
19 cle twenty-nine of the tax law and administered by the commissioner or
20 (ii) [designated as a revenue crimes specialist and] assigned to the
21 enforcement of [the] taxes [described in] pursuant to paragraph [(c) of
22 subdivision four] (e) of subdivision two of section 2.10 of this title,
23 for the purpose of applying for and executing search warrants under
24 article six hundred ninety of this chapter, for the purpose of acting as
25 a claiming agent under article thirteen-A of the civil practice law and
26 rules in connection with the enforcement of the taxes referred to above
27 and for the purpose of [executing warrants of arrest relating to the
28 respective crimes specified in subdivision four] investigating or
29 enforcing a criminal law pursuant to paragraph (e) of subdivision two of
30 section 2.10 of this title.
31 § 11. Subdivision 1 of section 50-a of the civil rights law, as
32 amended by chapter 516 of the laws of 2014, is amended to read as
33 follows:
34 1. All personnel records used to evaluate performance toward continued
35 employment or promotion, under the control of any police agency or
36 department of the state or any political subdivision thereof including
37 authorities or agencies maintaining police forces of individuals defined
38 as police officers in section 1.20 of the criminal procedure law and
39 such personnel records under the control of a sheriff's department or a
40 department of correction of individuals employed as correction officers
41 and such personnel records under the control of a paid fire department
42 or force of individuals employed as firefighters or
43 firefighter/paramedics and such personnel records under the control of
44 the department of corrections and community supervision for individuals
45 defined as peace officers pursuant to [subdivisions twenty-three and
46 twenty-three-a] paragraphs (a) and (b) of subdivision one of section
47 2.10 of the criminal procedure law and such personnel records under the
48 control of a probation department for individuals defined as peace offi-
49 cers pursuant to paragraph (b) of subdivision [twenty-four] one of
50 section 2.10 of the criminal procedure law shall be considered confiden-
51 tial and not subject to inspection or review without the express written
52 consent of such police officer, firefighter, firefighter/paramedic,
53 correction officer or peace officer within the department of corrections
54 and community supervision or probation department except as may be
55 mandated by lawful court order.
S. 1505--A 221 A. 2005--A
1 § 12. Subdivision 1 of section 50-d of the civil rights law, as added
2 by chapter 517 of the laws of 1992, is amended to read as follows:
3 1. As used in this section, "personnel records of court officers"
4 means all personnel records of court officers as defined in [paragraph a
5 of] paragraph (d) of subdivision [twenty-one] one of section 2.10 of the
6 criminal procedure law, used to evaluate performance toward continued
7 employment or promotion, and under the control of the office of court
8 administration.
9 § 13. Subdivision 1 of section 50-e of the civil rights law, as added
10 by chapter 578 of the laws of 1993, is amended to read as follows:
11 1. As used in this section, "personnel records of bridge and tunnel
12 officers, sergeants and lieutenants" means all personnel records of
13 bridge and tunnel officers, sergeants and lieutenants as defined in
14 paragraph (e) of subdivision [twenty] one of section 2.10 of the crimi-
15 nal procedure law, used to evaluate performance toward continued employ-
16 ment or promotion, and under the control of the Triborough bridge and
17 tunnel authority.
18 § 14. The opening paragraph of paragraph i of subdivision 1 of section
19 130 of the civil service law, as added by chapter 257 of the laws of
20 2012, is amended to read as follows:
21 Pursuant to the terms of an agreement between the state and an employ-
22 ee organization entered into pursuant to article fourteen of this chap-
23 ter covering members of the collective negotiating unit designated as
24 security supervisors who are employed by the state department of
25 corrections and community supervision and are designated as peace offi-
26 cers pursuant to paragraph (c) of subdivision [twenty-five] one of
27 section 2.10 of the criminal procedure law, effective on the dates indi-
28 cated, salary grades for positions in the competitive, non-competitive
29 and labor classes shall be as follows:
30 § 15. Subdivision 2 and the opening paragraph and paragraph (f) of
31 subdivision 4 of section 209 of the civil service law, as amended by
32 section 64 of subpart B of part C of chapter 62 of the laws of 2011, are
33 amended to read as follows:
34 2. Public employers are hereby empowered to enter into written agree-
35 ments with recognized or certified employee organizations setting forth
36 procedures to be invoked in the event of disputes which reach an impasse
37 in the course of collective negotiations. Such agreements may include
38 the undertaking by each party to submit unresolved issues to impartial
39 arbitration. In the absence or upon the failure of such procedures,
40 public employers and employee organizations may request the board to
41 render assistance as provided in this section, or the board may render
42 such assistance on its own motion, as provided in subdivision three of
43 this section, or, in regard to officers or members of any organized fire
44 department, or any unit of the public employer which previously was a
45 part of an organized fire department whose primary mission includes the
46 prevention and control of aircraft fires, police force or police depart-
47 ment of any county, city, town, village or fire or police district, or
48 detective-investigators, or rackets investigators employed in the office
49 of a district attorney of a county, or in regard to any organized unit
50 of troopers, commissioned or noncommissioned officers of the division of
51 state police, or in regard to investigators, senior investigators and
52 investigator specialists of the division of state police, or in regard
53 to members of collective negotiating units designated as security
54 services and security supervisors who are police officers, who are
55 forest ranger captains or who are employed by the state department of
56 corrections and community supervision and are designated as peace offi-
S. 1505--A 222 A. 2005--A
1 cers pursuant to paragraph (c) of subdivision [twenty-five] one of
2 section 2.10 of the criminal procedure law, or in regard to members of
3 the collective negotiating unit designated as the agency law enforcement
4 services unit who are police officers pursuant to subdivision thirty-
5 four of section 1.20 of the criminal procedure law or who are forest
6 rangers, or in regard to organized units of deputy sheriffs who are
7 engaged directly in criminal law enforcement activities that aggregate
8 more than fifty per centum of their service as certified by the county
9 sheriff and are police officers pursuant to subdivision thirty-four of
10 section 1.20 of the criminal procedure law as certified by the municipal
11 police training council or Suffolk county correction officers or Suffolk
12 county park police, as provided in subdivision four of this section.
13 On request of either party or upon its own motion, as provided in
14 subdivision two of this section, and in the event the board determines
15 that an impasse exists in collective negotiations between such employee
16 organization and a public employer as to the conditions of employment of
17 officers or members of any organized fire department, or any other unit
18 of the public employer which previously was a part of an organized fire
19 department whose primary mission includes the prevention and control of
20 aircraft fires, police force or police department of any county, city,
21 town, village or fire or police district, and detective-investigators,
22 criminal investigators or rackets investigators employed in the office
23 of a district attorney, or as to the conditions of employment of members
24 of any organized unit of troopers, commissioned or noncommissioned offi-
25 cers of the division of state police or as to the conditions of employ-
26 ment of members of any organized unit of investigators, senior investi-
27 gators and investigator specialists of the division of state police, or
28 as to the terms and conditions of employment of members of collective
29 negotiating units designated as security services and security supervi-
30 sors, who are police officers, who are forest ranger captains or who are
31 employed by the state department of corrections and community super-
32 vision and are designated as peace officers pursuant to paragraph (c) of
33 subdivision [twenty-five] one of section 2.10 of the criminal procedure
34 law, or in regard to members of the collective negotiating unit desig-
35 nated as the agency law enforcement services unit who are police offi-
36 cers pursuant to subdivision thirty-four of section 1.20 of the criminal
37 procedure law or who are forest rangers, or as to the conditions of
38 employment of any organized unit of deputy sheriffs who are engaged
39 directly in criminal law enforcement activities that aggregate more than
40 fifty per centum of their service as certified by the county sheriff and
41 are police officers pursuant to subdivision thirty-four of section 1.20
42 of the criminal procedure law as certified by the municipal police
43 training council or Suffolk county correction officers or Suffolk county
44 park police, the board shall render assistance as follows:
45 (f) With regard to any members of collective negotiating units desig-
46 nated as security services or security supervisors, who are police offi-
47 cers, who are forest ranger captains or who are employed by the state
48 department of corrections and community supervision and are designated
49 as peace officers pursuant to paragraph (c) of subdivision [twenty-five]
50 one of section 2.10 of the criminal procedure law, or in regard to
51 members of the collective negotiating unit designated as the agency law
52 enforcement services unit who are police officers pursuant to subdivi-
53 sion thirty-four of section 1.20 of the criminal procedure law or who
54 are forest rangers, or in regard to detective-investigators, criminal
55 investigators or rackets investigators employed in the office of a
56 district attorney of a county contained within a city with a population
S. 1505--A 223 A. 2005--A
1 of one million or more, the provisions of this section shall only apply
2 to the terms of collective bargaining agreements directly relating to
3 compensation, including, but not limited to, salary, stipends, location
4 pay, insurance, medical and hospitalization benefits; and shall not
5 apply to non-compensatory issues including, but not limited to, job
6 security, disciplinary procedures and actions, deployment or scheduling,
7 or issues relating to eligibility for overtime compensation which shall
8 be governed by other provisions proscribed by law.
9 § 16. Paragraph d of subdivision 8 of section 156-c of the executive
10 law, as amended by section 4 of part A of chapter 101 of the laws of
11 2013, is amended to read as follows:
12 d. Whenever any police officer designated in section 1.20 of the crim-
13 inal procedure law or a peace officer designated in paragraph (a) of
14 subdivision [four and subdivision seventy-nine pertaining to the Office
15 of Fire Prevention and Control,] three of section 2.10 of such law and
16 employed by the Office of Fire Prevention and Control, acting pursuant
17 to his or her special duties, shall discover any cigarettes which have
18 not been marked in the manner required by subdivision six of this
19 section, such officer is hereby authorized and empowered to seize and
20 take possession of such cigarettes. Such seized cigarettes shall be
21 turned over to the commissioner of taxation and finance, and shall be
22 forfeited to the state. Cigarettes seized pursuant to this section shall
23 be destroyed.
24 § 17. Subdivision 4 of section 89-n of the general business law, as
25 amended by chapter 221 of the laws of 2003, is amended to read as
26 follows:
27 4. The provisions of this section shall not apply to a security guard
28 who is:
29 a. a correction officer of any state correctional facility having the
30 powers of a peace officer pursuant to paragraph (c) of subdivision
31 [twenty-five] one of section 2.10 of the criminal procedure law;
32 b. a bridge and tunnel officer, sergeant or lieutenant of the Tribor-
33 ough bridge and tunnel authority having the powers of a peace officer
34 pursuant to paragraph (e) of subdivision [twenty] one of section 2.10
35 the criminal procedure law;
36 c. a uniformed court officer of the unified court system having the
37 powers of a peace officer pursuant to paragraph (d) of subdivision
38 [twenty-one] one of section 2.10 of the criminal procedure law;
39 d. a court clerk having the powers of a peace officer pursuant to
40 paragraph (d) of subdivision [twenty-one] one of section 2.10 of the
41 criminal procedure law;
42 e. a deputy sheriff having the powers of a peace officer pursuant to
43 paragraph (f) of subdivision [two] one of section 2.10 the criminal
44 procedure law;
45 f. a police officer as defined in paragraphs (a), (b), (c), (d), (e),
46 (f), (j), (k), (l), (o) and (p) of subdivision thirty-four of section
47 1.20 of the criminal procedure law who has been retired from such
48 employment for a period not to exceed ten years, provided, however, that
49 a retired police officer who has been retired from such employment for a
50 period in excess of ten years shall be required to provide proof to his
51 or her security guard employer of his or her satisfactory completion of
52 an eight hour annual in-service training course approved by the commis-
53 sioner, and provided further, however, that a retired police officer who
54 will be required by his or her security guard employer to carry a
55 firearm or will be authorized to have access to a firearm shall provide
56 to such employer proof of his or her satisfactory completion of a
S. 1505--A 224 A. 2005--A
1 forty-seven hour firearms training course approved by the commissioner
2 and, if such firearms training course has not been completed within one
3 year prior to such employment, satisfactory completion of an additional
4 eight hour annual firearms in-service training course approved by the
5 commissioner, such training course to be completed at least annually; or
6 g. a peace officer as defined in [subdivisions two, twenty and twen-
7 ty-five and paragraphs a and b of subdivision twenty-one] paragraphs
8 (c), (d), (e), and (f) of subdivision one of section 2.10 of the crimi-
9 nal procedure law who has been retired from such employment for a period
10 not to exceed ten years, provided, however, that a retired peace officer
11 who has been retired from such employment for a period in excess of ten
12 years shall be required to provide proof to his or her security guard
13 employer of his or her satisfactory completion of an eight hour annual
14 in-service training course approved by the municipal police training
15 council, and provided further, however, that a retired peace officer who
16 will be required by his or her security guard employer to carry a
17 firearm or will be authorized to have access to a firearm shall provide
18 to such employer proof of his or her satisfactory completion of a
19 forty-seven hour firearms training course approved by the municipal
20 police training council and, if such firearms training course has not
21 been completed within one year prior to employment, satisfactory
22 completion of an additional eight hour annual firearms in-service train-
23 ing course approved by the municipal police training council, such
24 training course to be completed at least annually.
25 § 18. Subdivision 13 of section 1299-e of the public authorities law,
26 as amended by chapter 816 of the laws of 1984, is amended to read as
27 follows:
28 13. To appoint or designate one or more persons for the purpose of
29 enforcing rules and regulations established by the authority, and to
30 compel the observance of law and order on the properties, facilities and
31 improvements of the authority for the protection and administration of
32 such property, facilities and improvements, and the traveling public
33 using such facilities. Each person as and when so appointed or desig-
34 nated shall be known as (a) a "Niagara frontier transportation authority
35 security officer or patrolman" and shall be a peace officer as set forth
36 in paragraph (g) of subdivision [forty-five] two of section 2.10 of the
37 criminal procedure law, or a police officer within the purview of subdi-
38 vision thirty-four of section 1.20 of the criminal procedure law or (b)
39 a "ticket inspector" and shall not be a peace officer or a police offi-
40 cer but, when so designated or appointed, shall be authorized to issue
41 and serve appearance tickets pursuant to section 150.20 of the criminal
42 procedure law with respect to violations of rules and regulations so
43 established.
44 § 19. Subdivision 4 of section 1399-ll of the public health law, as
45 added by chapter 262 of the laws of 2000, is amended to read as follows:
46 4. Whenever a police officer designated in section 1.20 of the crimi-
47 nal procedure law or a peace officer designated in paragraph (e) of
48 subdivision [four] two of section 2.10 of such law, acting pursuant to
49 his or her special duties, shall discover any cigarettes which have been
50 or which are being shipped or transported in violation of this section,
51 such person is hereby empowered and authorized to seize and take
52 possession of such cigarettes, and such cigarettes shall be subject to a
53 forfeiture action pursuant to the procedures provided for in article
54 thirteen-A of the civil practice law and rules, as if such article
55 specifically provided for forfeiture of cigarettes seized pursuant to
56 this section as a pre-conviction forfeiture crime.
S. 1505--A 225 A. 2005--A
1 § 20. Subdivisions 4, 5 and 7 of section 3-b of the public officers
2 law, subdivision 4 as added by chapter 404 of the laws of 2011, subdivi-
3 sion 5 as added by chapter 8 of the laws of 2013 and subdivision 7 as
4 added by chapter 418 of the laws of 2014, are amended to read as
5 follows:
6 4. Neither the provisions of this section or of any general, special
7 or local law, charter, code, ordinance, resolution, rule or regulation,
8 requiring a person to be a resident of the political subdivision or
9 municipal corporation of the state by which he or she is employed, shall
10 apply to a person employed by a city with a population of over one
11 million in the titles of special officer, senior special officer, prin-
12 cipal special officer and supervising special officer as "special offi-
13 cer" is defined in paragraph (u) of subdivision [forty] three of section
14 2.10 of the criminal procedure law, evidence and property control
15 specialists, taxi and limousine inspector, taxi and limousine inspector
16 (motor vehicles), senior taxi and limousine inspector, senior taxi and
17 limousine inspector (motor vehicles), associate taxi and limousine
18 inspector, supervising taxi and limousine inspector, supervising taxi
19 and limousine inspector (motor vehicles), education facilities officers
20 L1 (formerly school guards), education facilities officers L2 (formerly
21 school safety officers), hospital security officers, campus security
22 officer, campus peace officer, college security specialist, campus
23 public safety sergeant, campus security assistant or school guard
24 (school safety agent), provided that he or she has completed two years
25 of employment with the city of New York and is a resident of New York,
26 Kings, Queens, Bronx, Richmond, Nassau, Westchester, Suffolk, Orange,
27 Rockland or Putnam county.
28 5. In respect to peace officers employed by Cornell university, and
29 assigned to the Ithaca campus, pursuant to section fifty-seven hundred
30 nine of the education law, the provisions of this section requiring a
31 person to be a resident of the same county as the appointing official
32 shall not prevent a person from serving as a peace officer for Cornell
33 university, or as a special deputy sheriff, and assigned to the Ithaca
34 campus, as defined in paragraph (b) of subdivision [forty-two] three of
35 section 2.10 of the criminal procedure law, provided that such person
36 resides in the state of New York.
37 7. Neither the provisions of this section or of any general, special
38 or local law, charter, code, ordinance, resolution, rule or regulation,
39 requiring a person to be a resident of the political subdivision or
40 municipal corporation of the state for which he or she shall be employed
41 or appointed or within which his or her official functions are required
42 to be exercised, shall apply to a person who is a member of the security
43 force employed or appointed by Kaleida Health as described in paragraph
44 (nn) of subdivision [eighty-three] three of section 2.10 of the criminal
45 procedure law, provided that such person resides in the county in which
46 such security force of Kaleida Health is located or an adjoining county
47 within the state. The provisions of this subdivision shall only apply to
48 a person who is a member of the security force employed by Kaleida
49 Health on the effective date of this subdivision.
50 § 21. Subdivision 20 of section 10.00 of the penal law, as added by
51 chapter 765 of the laws of 2005, is amended to read as follows:
52 20. For purposes of sections 120.13, 120.18, 125.11, 125.21 and 125.22
53 of this chapter, the term "peace officer" means a peace officer as
54 defined in [subdivision one, two, three, four, six, twelve, thirteen,
55 fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one,
56 twenty-three, twenty-three-a, twenty-four, twenty-five, twenty-six,
S. 1505--A 226 A. 2005--A
1 twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-four,
2 thirty-five, thirty-six, forty-three, forty-five, forty-seven, forty-
3 eight, forty-nine, fifty-one, fifty-two, fifty-eight, sixty-one, as
4 added by chapter two hundred fifty-seven of the laws of nineteen hundred
5 ninety-two, sixty-one, as added by chapter three hundred twenty-one of
6 the laws of nineteen hundred ninety-two, sixty-two, as added by chapter
7 two hundred four of the laws of nineteen hundred ninety-three, sixty-
8 two, as added by chapter six hundred eighty-seven of the laws of nine-
9 teen hundred ninety-three, sixty-three, as amended by chapter six
10 hundred thirty-eight of the laws of two thousand three, sixty-four,
11 sixty-five, sixty-eight, as added by chapter one hundred sixty-eight of
12 the laws of two thousand, sixty-eight, as added by chapter three hundred
13 eighty-one of the laws of two thousand, seventy, seventy-one, seventy-
14 four, as added by chapter five hundred forty-eight of the laws of two
15 thousand one, seventy-five, as added by chapter three hundred twenty-one
16 of the laws of two thousand two, seventy-five, as added by chapter six
17 hundred twenty-three of the laws of two thousand two, seventy-seven, as
18 added by chapter three hundred sixty-seven of the laws of two thousand
19 four, seventy-eight or seventy-nine, as added by chapter two hundred
20 forty-one of the laws of two thousand four,] paragraphs (a), (b), (c),
21 (d), (e), and (f) of subdivision one, paragraphs (a), (c), (e), (f),
22 (g), and (n) of subdivision two and paragraphs (a), (b), (c), (i), (j),
23 (k), (l), (m), (p), (q), (r), (s), (x), (y), (aa), (gg), and (kk) of
24 subdivision three of section 2.10 of the criminal procedure law, as well
25 as any federal law enforcement officer defined in section 2.15 of the
26 criminal procedure law.
27 § 22. Subparagraph (ii) of paragraph (a) of subdivision 1 of section
28 125.26 of the penal law, as added by chapter 765 of the laws of 2005, is
29 amended to read as follows:
30 (ii) the intended victim was a peace officer as defined in [paragraph
31 a of subdivision twenty-one, subdivision twenty-three, twenty-four or
32 sixty-two (employees of the division for youth)] paragraph (a), (b) or
33 (d) of subdivision one of section 2.10 of the criminal procedure law who
34 was at the time of the killing engaged in the course of performing his
35 or her official duties, and the defendant knew or reasonably should have
36 known that the victim was such a uniformed court officer, parole offi-
37 cer, or probation officer[, or employee of the division for youth]; or
38 § 23. Subparagraph (ii) of paragraph (a) of subdivision 1 of section
39 125.27 of the penal law, as amended by chapter 1 of the laws of 1995, is
40 amended to read as follows:
41 (ii) the intended victim was a peace officer as defined in [paragraph
42 a of subdivision twenty-one, subdivision twenty-three, twenty-four or
43 sixty-two (employees of the division for youth)] paragraph (a), (b) or
44 (d) of subdivision one of section 2.10 of the criminal procedure law who
45 was at the time of the killing engaged in the course of performing his
46 official duties, and the defendant knew or reasonably should have known
47 that the intended victim was such a uniformed court officer, parole
48 officer, or probation officer[, or employee of the division for youth];
49 or
50 § 24. Subdivisions 6 and 14 of section 400.00 of the penal law, subdi-
51 vision 6 as amended by chapter 318 of the laws of 2002, subdivision 14
52 as amended by chapter 195 of the laws of 2005, are amended to read as
53 follows:
54 6. License: validity. Any license issued pursuant to this section
55 shall be valid notwithstanding the provisions of any local law or ordi-
56 nance. No license shall be transferable to any other person or prem-
S. 1505--A 227 A. 2005--A
1 ises. A license to carry or possess a pistol or revolver, not otherwise
2 limited as to place or time of possession, shall be effective throughout
3 the state, except that the same shall not be valid within the city of
4 New York unless a special permit granting validity is issued by the
5 police commissioner of that city. Such license to carry or possess shall
6 be valid within the city of New York in the absence of a permit issued
7 by the police commissioner of that city, provided that (a) the firearms
8 covered by such license have been purchased from a licensed dealer with-
9 in the city of New York and are being transported out of said city
10 forthwith and immediately from said dealer by the licensee in a locked
11 container during a continuous and uninterrupted trip; or provided that
12 (b) the firearms covered by such license are being transported by the
13 licensee in a locked container and the trip through the city of New York
14 is continuous and uninterrupted; or provided that (c) the firearms
15 covered by such license are carried by armored car security guards
16 transporting money or other valuables, in, to, or from motor vehicles
17 commonly known as armored cars, during the course of their employment;
18 or provided that (d) the licensee is a retired police officer as police
19 officer is defined pursuant to subdivision thirty-four of section 1.20
20 of the criminal procedure law or a retired federal law enforcement offi-
21 cer, as defined in section 2.15 of the criminal procedure law, who has
22 been issued a license by an authorized licensing officer as defined in
23 subdivision ten of section 265.00 of this chapter; provided, further,
24 however, that if such license was not issued in the city of New York it
25 must be marked "Retired Police Officer" or "Retired Federal Law Enforce-
26 ment Officer", as the case may be, and, in the case of a retired officer
27 the license shall be deemed to permit only police or federal law
28 enforcement regulations weapons; or provided that (e) the licensee is a
29 peace officer described in paragraph (e) of subdivision [four] two of
30 section 2.10 of the criminal procedure law and the license, if issued by
31 other than the city of New York, is marked "New York State Tax Depart-
32 ment Peace Officer" and in such case the exemption shall apply only to
33 the firearm issued to such licensee by the department of taxation and
34 finance. A license as gunsmith or dealer in firearms shall not be valid
35 outside the city or county, as the case may be, where issued.
36 14. Fees. In the city of New York and the county of Nassau, the annual
37 license fee shall be twenty-five dollars for gunsmiths and fifty dollars
38 for dealers in firearms. In such city, the city council and in the coun-
39 ty of Nassau the Board of Supervisors shall fix the fee to be charged
40 for a license to carry or possess a pistol or revolver and provide for
41 the disposition of such fees. Elsewhere in the state, the licensing
42 officer shall collect and pay into the county treasury the following
43 fees: for each license to carry or possess a pistol or revolver, not
44 less than three dollars nor more than ten dollars as may be determined
45 by the legislative body of the county; for each amendment thereto, three
46 dollars, and five dollars in the county of Suffolk; and for each license
47 issued to a gunsmith or dealer in firearms, ten dollars. The fee for a
48 duplicate license shall be five dollars. The fee for processing a
49 license transfer between counties shall be five dollars. The fee for
50 processing a license or renewal thereof for a qualified retired police
51 officer as defined under subdivision thirty-four of section 1.20 of the
52 criminal procedure law, or a qualified retired sheriff, undersheriff, or
53 deputy sheriff of the city of New York as defined under paragraph (f) of
54 subdivision [two] one of section 2.10 of the criminal procedure law, or
55 a qualified retired bridge and tunnel officer, sergeant or lieutenant of
56 the triborough bridge and tunnel authority as defined under paragraph
S. 1505--A 228 A. 2005--A
1 (e) of subdivision [twenty] one of section 2.10 of the criminal proce-
2 dure law, or a qualified retired uniformed court officer in the unified
3 court system, or a qualified retired court clerk in the unified court
4 system [in the first and second judicial departments], as defined in
5 [paragraphs a and b] paragraph (d) of subdivision [twenty-one] one of
6 section 2.10 of the criminal procedure law or a retired correction offi-
7 cer as defined in paragraph (c) of subdivision [twenty-five] one of
8 section 2.10 of the criminal procedure law shall be waived in all coun-
9 ties throughout the state.
10 § 25. Paragraph 3 of subdivision (a) of section 1815 of the tax law,
11 as amended by section 29 of subpart I of part V1 of chapter 57 of the
12 laws of 2009, is amended to read as follows:
13 (3) For the purposes of conferring jurisdiction upon courts and police
14 officers, and on the officers specified in paragraph (e) of subdivision
15 [four] two of section 2.10 of the criminal procedure law and on judicial
16 officers generally, such violations shall be deemed traffic infractions
17 and for such purpose only all provisions of law relating to traffic
18 infractions shall apply to such violations; provided, however, that the
19 commissioner of motor vehicles, any hearing officer appointed by him, or
20 any administrative tribunal authorized to hear and determine any charges
21 or offenses which are traffic infractions shall not have jurisdiction of
22 such infractions.
23 § 26. Subdivision (a) of section 1845 of the tax law, as added by
24 chapter 508 of the laws of 1993, is amended to read as follows:
25 (a) Temporary seizure. Whenever a police officer designated in section
26 1.20 of the criminal procedure law or a peace officer designated in
27 paragraph (e) of subdivision [four] two of section 2.10 of such law,
28 acting pursuant to his special duties, shall discover more than ninety
29 liters of liquors which are being imported for sale or use in the state,
30 where the person importing or causing such liquors to be imported is not
31 registered as a distributor under section four hundred twenty-one of
32 this chapter, such police officer or peace officer is hereby authorized
33 to seize and take possession of such liquors, and to seize and take
34 possession of the vehicle or other means of transportation used to
35 transport such liquors.
36 § 27. Subdivisions (a) and (a-1) of section 1846 of the tax law, as
37 amended by chapter 556 of the laws of 2011, are amended to read as
38 follows:
39 (a) Whenever a police officer designated in section 1.20 of the crimi-
40 nal procedure law or a peace officer designated in paragraph (e) of
41 subdivision [four] two of section 2.10 of such law, acting pursuant to
42 his or her special duties, shall discover any cigarettes subject to tax
43 provided by article twenty of this chapter or by chapter thirteen of
44 title eleven of the administrative code of the city of New York, and
45 upon which the tax has not been paid or the stamps not affixed as
46 required by such article or such chapter thirteen, they are hereby
47 authorized and empowered forthwith to seize and take possession of such
48 cigarettes, together with any vending machine or receptacle in which
49 they are held for sale. Such cigarettes, vending machine or receptacle
50 seized by a police officer or such peace officer shall be turned over to
51 the commissioner. Such seized cigarettes, vending machine or receptacle,
52 not including money contained in such vending machine or receptacle,
53 shall be forfeited to the state. The commissioner may, within a reason-
54 able time thereafter, upon publication of a notice to such effect for at
55 least five successive days, before the day of sale, in a newspaper
56 published or circulated in the county where the seizure was made, sell
S. 1505--A 229 A. 2005--A
1 such forfeited vending machines or receptacles at public sale and pay
2 the proceeds into the state treasury to the credit of the general fund.
3 Notwithstanding any other provision of this section, the commissioner
4 may enter into an agreement with any city of this state which is author-
5 ized to impose a tax similar to that imposed by article twenty of this
6 chapter to provide for the disposition between the state and any such
7 city of the proceeds from any such sale. All cigarettes forfeited to
8 the state shall be destroyed or used for law enforcement purposes,
9 except that cigarettes that violate, or are suspected of violating,
10 federal trademark laws or import laws shall not be used for law enforce-
11 ment purposes. If the commissioner determines the cigarettes may not be
12 used for law enforcement purposes, the commissioner must, within a
13 reasonable time after the forfeiture of such cigarettes, upon publica-
14 tion in the state registry, destroy such forfeited cigarettes. The
15 commissioner may, prior to any destruction of cigarettes, permit the
16 true holder of the trademark rights in the cigarettes to inspect such
17 forfeited cigarettes in order to assist in any investigation regarding
18 such cigarettes.
19 (a-1) Whenever a police officer designated in section 1.20 of the
20 criminal procedure law or a peace officer designated in paragraph (e) of
21 subdivision [four] two of section 2.10 of such law, acting pursuant to
22 his or her special duties, shall discover any cigarettes which have been
23 stamped in violation of section four hundred eighty-b of this chapter,
24 such officer is hereby authorized and empowered forthwith to seize and
25 take possession of such cigarettes, and such cigarettes shall be subject
26 to a forfeiture action pursuant to the procedures provided for in arti-
27 cle thirteen-A of the civil practice law and rules, as if such article
28 specifically provided for forfeiture of cigarettes seized pursuant to
29 this section as a preconviction forfeiture crime. Subdivisions (b), (c)
30 and (d) of this section shall not apply to cigarettes seized pursuant to
31 this subdivision.
32 § 28. Subdivisions (a) and (a-1) of section 1846-a of the tax law, as
33 amended by chapter 556 of the laws of 2011, are amended to read as
34 follows:
35 (a) Whenever a police officer designated in section 1.20 of the crimi-
36 nal procedure law or a peace officer designated in paragraph (e) of
37 subdivision [four] two of section 2.10 of such law, acting pursuant to
38 his special duties, shall discover any tobacco products in excess of
39 five hundred cigars or ten pounds of tobacco which are being imported
40 for sale in the state where the person importing or causing such tobacco
41 products to be imported has not been appointed as a distributor pursuant
42 to section four hundred seventy-two of this chapter, such police officer
43 or peace officer is hereby authorized and empowered forthwith to seize
44 and take possession of such tobacco products. Such tobacco products
45 seized by a police officer or peace officer shall be turned over to the
46 commissioner. Such seized tobacco products shall be forfeited to the
47 state. All tobacco products forfeited to the state shall be destroyed or
48 used for law enforcement purposes, except that tobacco products that
49 violate, or are suspected of violating, federal trademark laws or import
50 laws shall not be used for law enforcement purposes. If the commissioner
51 determines the tobacco products may not be used for law enforcement
52 purposes, the commissioner must, within a reasonable time thereafter,
53 upon publication in the state registry of a notice to such effect before
54 the day of destruction, destroy such forfeited tobacco products. The
55 commissioner may, prior to any destruction of tobacco products, permit
56 the true holder of the trademark rights in the tobacco products to
S. 1505--A 230 A. 2005--A
1 inspect such forfeited products in order to assist in any investigation
2 regarding such tobacco products.
3 (a-1) Whenever a police officer designated in section 1.20 of the
4 criminal procedure law or a peace officer designated in paragraph (e) of
5 subdivision [four] two of section 2.10 of the criminal procedure law,
6 acting pursuant to his or her special duties, discovers any roll-your-
7 own tobacco that is in violation of section four hundred eighty-c of
8 this chapter, the officer is authorized and empowered to seize and take
9 possession of the roll-your-own tobacco, and the roll-your-own tobacco
10 is subject to a forfeiture action under the procedures provided for in
11 article thirteen-A of the civil practice law and rules, as if that arti-
12 cle specifically provided for forfeiture of roll-your-own tobacco seized
13 under this section as a preconviction forfeiture crime. Subdivisions (b)
14 and (c) of this section do not apply to roll-your-own tobacco seized
15 pursuant to this subdivision.
16 § 29. Subdivisions (a) and (b) of section 1847 of the tax law, subdi-
17 vision (a) as amended by section 3 of part E of chapter 93 of the laws
18 of 2002, subdivision (b) as added by chapter 61 of the laws of 1989, are
19 amended to read as follows:
20 (a) Any peace officer designated in paragraph (e) of subdivision [four
21 or five] two of section 2.10 of the criminal procedure law, acting
22 pursuant to his or her special duties, or any police officer designated
23 in section 1.20 of the criminal procedure law may seize any vehicle or
24 other means of transportation used to transport or for the deposit or
25 concealment of more than one hundred unstamped or unlawfully stamped
26 packages of cigarettes subject to tax under article twenty of this chap-
27 ter or by chapter thirteen of title eleven of the administrative code of
28 the city of New York, other than a vehicle or other means of transporta-
29 tion used by any person as a common carrier in transaction of business
30 as such common carrier, and such vehicle or other means of transporta-
31 tion shall be subject to forfeiture as hereinafter in this section
32 provided.
33 (b) Any peace officer designated in paragraph (e) of subdivision
34 [four] two of section 2.10 of the criminal procedure law, acting pursu-
35 ant to his special duties, or any police officer designated in section
36 1.20 of the criminal procedure law may seize any vehicle or other means
37 of transportation used to import tobacco products in excess of five
38 hundred cigars or ten pounds of tobacco for sale where the person
39 importing or causing such tobacco products to be imported has not been
40 appointed a distributor pursuant to section four hundred seventy-two of
41 this chapter, other than a vehicle or other means of transportation used
42 by any person as a common carrier in transaction of business as such
43 common carrier, and such vehicle or other means of transportation shall
44 be subject to forfeiture as hereinafter in this section provided.
45 § 30. Subdivision (a) of section 1848 of the tax law, as amended by
46 section 54 of part K of chapter 61 of the laws of 2011, is amended to
47 read as follows:
48 (a) Temporary seizure. Whenever a police officer designated in section
49 1.20 of the criminal procedure law or a peace officer designated in
50 paragraph (e) of subdivision [four] two of section 2.10 of such law,
51 acting pursuant to his special duties, shall discover any motor fuel or
52 diesel motor fuel which is being imported for use, distribution, storage
53 or sale in the state where the person importing or causing such motor
54 fuel or diesel motor fuel to be imported is not registered as a distrib-
55 utor under section two hundred eighty-three or section two hundred
56 eighty-two-a, of this chapter, as the case may be, such police officer
S. 1505--A 231 A. 2005--A
1 or peace officer is hereby authorized to seize and take possession of
2 such motor fuel or diesel motor fuel, together with the vehicle or other
3 means of transportation used to transport such motor fuel.
4 § 31. Section 47 of the workers' compensation law, as amended by chap-
5 ter 597 of the laws of 2004, is amended to read as follows:
6 § 47. Presumption as to the cause of disease. If the employee, at or
7 immediately before the date of disablement, was employed in any process
8 mentioned in the second column of the schedule of diseases in subdivi-
9 sion two of section three of this chapter, and his or her disease is the
10 disease in the first column of such schedule set opposite the
11 description of the process, the disease presumptively shall be deemed to
12 have been due to the nature of that employment. Any exposure to the
13 hazards of compressed air after July first, nineteen hundred forty-six
14 shall be presumed, in the absence of substantial evidence to the contra-
15 ry, to be injurious exposure. Any exposure to the hazards of harmful
16 dust in this state for a period of sixty days after September first,
17 nineteen hundred thirty-five, shall be presumed, in the absence of
18 substantial evidence to the contrary, to be an injurious exposure. With
19 respect to any state or local correction officer as defined in paragraph
20 (c) of subdivision [twenty-five] one of section 2.10 of the criminal
21 procedure law, safety and security officer employed by the office of
22 mental health, security hospital treatment assistant employed by the
23 office of mental health, any uniformed court officer or court clerk of
24 the unified court system having the powers of peace officer, the court
25 reporter or the court interpreter, an exposure to the blood or bodily
26 fluid of an individual, incarcerated, confined or otherwise, during the
27 course of his or her employment that is reported in writing to such
28 correction officer's, safety and security officer's, security hospital
29 treatment assistant's, uniformed court officer's, court clerk's, court
30 reporter's or court interpreter's employer within twenty-four hours of
31 such exposure, shall be presumed, in the absence of substantial evidence
32 to the contrary, to be an injurious exposure if, subsequent to such
33 exposure, such correction officer, safety and security officer, security
34 hospital treatment assistant, uniformed court officer, court clerk,
35 court reporter or court interpreter is diagnosed with a blood-borne
36 disease, including, but not limited to hepatitis C.
37 § 32. Section 209-c of the general municipal law, as amended by chap-
38 ter 476 of the laws of 2018, is amended to read as follows:
39 § 209-c. Fire police squads of fire departments and fire companies.
40 The authorities having control of fire departments and fire companies
41 may organize within such departments or companies fire police squads
42 composed of volunteer firefighters who are members of such departments
43 or companies. Members of fire police squads[, so organized, at such
44 times as] are on duty when the fire department, fire company or an emer-
45 gency rescue and first aid squad of the fire department or fire company
46 are on duty, or when, on orders of the chief of the fire department or
47 fire company of which they are members, they are separately engaged in
48 response to a call for assistance pursuant to the provisions of section
49 two hundred nine of this article[, shall have the powers of and render
50 service as peace officers]. A member of a fire police squad shall take
51 an oath of office as a fire police officer in the following form: "I do
52 solemnly swear (or affirm) that I will support the constitution of the
53 United States, and the constitution of the State of New York, and that I
54 will faithfully discharge the duties of the office of fire police offi-
55 cer of the ...................... fire company (or fire department),
56 according to the best of my ability." Such oath shall be filed in the
S. 1505--A 232 A. 2005--A
1 office of the city clerk in the case of a firefighter of a fire company
2 or fire department in a city, in the office of the village clerk in the
3 case of a firefighter of a fire company or fire department in a village,
4 and in the office of the town clerk in all other cases. Notwithstanding
5 any other provision of law to the contrary, a member of a fire police
6 squad shall have satisfied any requirement for training as provided by
7 any general or local law if the person has satisfactorily completed a
8 training course offered by the state office of fire prevention and
9 control, or an equivalent course as approved by the state office of fire
10 prevention and control.
11 § 33. This act shall take effect on the one hundred eightieth day
12 after it shall have become a law; provided, however, that the amendments
13 to subdivisions 2 and 4 of section 209 of the civil service law made by
14 section fifteen of this act shall not affect the expiration of such
15 subdivisions and shall expire therewith.
16 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
17 sion, section or part of this act shall be adjudged by any court of
18 competent jurisdiction to be invalid, such judgment shall not affect,
19 impair, or invalidate the remainder thereof, but shall be confined in
20 its operation to the clause, sentence, paragraph, subdivision, section
21 or part thereof directly involved in the controversy in which such judg-
22 ment shall have been rendered. It is hereby declared to be the intent of
23 the legislature that this act would have been enacted even if such
24 invalid provisions had not been included herein.
25 § 3. This act shall take effect immediately provided, however, that
26 the applicable effective date of Parts A through UU of this act shall be
27 as specifically set forth in the last section of such Parts.