2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title P - Procedures for Securing Attendance at Criminal Actions and Proceedings of Defendants and Witnesses Under Control of Court--Recognizance, Bail › Article 530 - Orders of Recognizance or Bail With Respect to Defendants in Criminal Actions and Proceedings--When and by What Courts Authorized › 530.20 - Securing Order by Local Criminal Court When Action Is Pending Therein.

§ 530.20 Securing  order  by local criminal court when action is pending
therein.
When a criminal action is pending in  a  local  criminal  court,  such
court, upon application of a defendant, shall proceed as follows:
1.  (a)  In  cases  other  than  as described in paragraph (b) of this
subdivision, the court shall release the principal pending trial on  the
principal's  own  recognizance  or  release  the principal pending trial
under non-monetary conditions, the determination for which shall be made
in accordance with subdivision one of section 510.10 of this title.  The
court  shall  explain  the  basis  for  its  determination and choice of
securing order on the record or in writing.
(b) Where the principal stands charged with a qualifying offense,  the
court, unless otherwise prohibited by law, may in its discretion release
the principal pending trial on the principal's own recognizance or under
non-monetary  conditions,  fix  bail,  order  non-monetary conditions in
conjunction with fixing bail, or, where the defendant is charged with  a
qualifying offense which is a felony, the court may commit the principal
to  the  custody  of  the sheriff. The court shall explain its choice of
securing order on the record or in writing. A principal  stands  charged
with a qualifying offense when he or she stands charged with:
(i)  a felony enumerated in section 70.02 of the penal law, other than
robbery in the second degree as defined in subdivision  one  of  section
160.10  of the penal law, provided, however, that burglary in the second
degree as defined in subdivision two of section 140.25 of the penal  law
shall  be  a qualifying offense only where the defendant is charged with
entering the living area of the dwelling;
(ii) a crime involving witness intimidation under  section  215.15  of
the penal law;
(iii) a crime involving witness tampering under section 215.11, 215.12
or 215.13 of the penal law;
(iv)  a  class  A  felony defined in the penal law, provided, that for
class A felonies under article two hundred  twenty  of  such  law,  only
class A-I felonies shall be a qualifying offense;
(v) a sex trafficking offense defined in section 230.34 or 230.34-a of
the  penal  law, or a felony sex offense defined in section 70.80 of the
penal law or a crime involving incest  as  defined  in  section  255.25,
255.26  or  255.27  of such law, or a misdemeanor defined in article one
hundred thirty of such law;
(vi) conspiracy in the second degree as defined in section  105.15  of
the  penal  law,  where the underlying allegation of such charge is that
the defendant conspired to commit a class A felony  defined  in  article
one hundred twenty-five of the penal law;
(vii)  money laundering in support of terrorism in the first degree as
defined in section 470.24 of the penal law; money laundering in  support
of  terrorism  in  the second degree as defined in section 470.23 of the
penal law; money laundering in support of terrorism in the third  degree
as  defined  in  section  470.22  of  the penal law; money laundering in
support of terrorism in the fourth degree as defined in  section  470.21
of  the  penal law; or a felony crime of terrorism as defined in article
four hundred ninety of the penal law, other than the  crime  defined  in
section 490.20 of such law;
(viii)   criminal   contempt  in  the  second  degree  as  defined  in
subdivision three of section 215.50 of the penal law, criminal  contempt
in the first degree as defined in subdivision (b), (c) or (d) of section
215.51  of  the  penal law or aggravated criminal contempt as defined in
section 215.52 of the penal law, and the underlying allegation  of  such
charge  of  criminal contempt in the second degree, criminal contempt in
the first degree or aggravated criminal contempt is that  the  defendant

violated  a duly served order of protection where the protected party is
a member of the defendant's same  family  or  household  as  defined  in
subdivision one of section 530.11 of this article;
(ix)  facilitating  a  sexual performance by a child with a controlled
substance or alcohol as defined in section 263.30 of the penal law,  use
of  a  child in a sexual performance as defined in section 263.05 of the
penal law or luring a child as defined in  subdivision  one  of  section
120.70  of  the  penal law, promoting an obscene sexual performance by a
child as defined in section 263.10 of  the  penal  law  or  promoting  a
sexual  performance by a child as defined in section 263.15 of the penal
law;
(x) any crime that is alleged to have  caused  the  death  of  another
person;
(xi) criminal obstruction of breathing or blood circulation as defined
in  section  121.11 of the penal law, strangulation in the second degree
as defined in section 121.12 of the penal law or  unlawful  imprisonment
in  the  first degree as defined in section 135.10 of the penal law, and
is alleged to have  committed  the  offense  against  a  member  of  the
defendant's  same  family  or household as defined in subdivision one of
section 530.11 of this article;
(xii) aggravated vehicular assault as defined in section  120.04-a  of
the  penal  law  or  vehicular assault in the first degree as defined in
section 120.04 of the penal law;
(xiii) assault in the third degree as defined in section 120.00 of the
penal law or arson in the third degree as defined in section  150.10  of
the  penal law, when such crime is charged as a hate crime as defined in
section 485.05 of the penal law;
(xiv) aggravated assault upon a person less than eleven years  old  as
defined  in  section 120.12 of the penal law or criminal possession of a
weapon on school grounds as defined in section  265.01-a  of  the  penal
law;
(xv) grand larceny in the first degree as defined in section 155.42 of
the penal law, enterprise corruption as defined in section 460.20 of the
penal law, or money laundering in the first degree as defined in section
470.20 of the penal law;
(xvi)  failure  to  register as a sex offender pursuant to section one
hundred sixty-eight-t of the correction law or endangering  the  welfare
of  a child as defined in subdivision one of section 260.10 of the penal
law, where the defendant is  required  to  maintain  registration  under
article  six-C  of  the  correction  law  and  designated  a level three
offender  pursuant  to  subdivision   six   of   section   one   hundred
sixty-eight-l of the correction law;
(xvii)  a crime involving bail jumping under section 215.55, 215.56 or
215.57 of the penal law, or a  crime  involving  escaping  from  custody
under section 205.05, 205.10 or 205.15 of the penal law;
(xviii)  any felony offense committed by the principal while serving a
sentence of probation or while released to post release supervision;
(xix) a felony, where the defendant qualifies for sentencing  on  such
charge  as a persistent felony offender pursuant to section 70.10 of the
penal law;
(xx)  any  felony  or  class  A  misdemeanor  involving  harm  to   an
identifiable person or property, or any charge of criminal possession of
a  firearm  as  defined  in section 265.01-b of the penal law where such
charge arose from conduct occurring while the defendant was released  on
his or her own recognizance, released under conditions, or had yet to be
arraigned  after the issuance of a desk appearance ticket for a separate
felony or class A misdemeanor involving harm to an  identifiable  person
or property, provided, however, that the prosecutor must show reasonable

cause  to believe that the defendant committed the instant crime and any
underlying crime. For the purposes of  this  subparagraph,  any  of  the
underlying  crimes  need  not be a qualifying offense as defined in this
subdivision.   For   the   purposes  of  this  paragraph,  "harm  to  an
identifiable person or property" shall include but  not  be  limited  to
theft  of  or  damage  to  property. However, based upon a review of the
facts alleged in the accusatory instrument, if the court determines that
such theft is negligible and does not appear to  be  in  furtherance  of
other  criminal  activity, the principal shall be released on his or her
own recognizance or under appropriate non-monetary conditions; or
(xxi) criminal possession of a weapon in the third degree  as  defined
in subdivision three of section 265.02 of the penal law or criminal sale
of a firearm to a minor as defined in section 265.16 of the penal law.
(d)  Notwithstanding  the provisions of paragraphs (a) and (b) of this
subdivision, with respect to any charge for which bail or remand is  not
ordered,  and  for  which  the  court  would  not or could not otherwise
require bail or remand, a defendant may, at any time, request  that  the
court  set  bail  in  a nominal amount requested by the defendant in the
form specified in paragraph (a) of subdivision one of section 520.10  of
this title; if the court is satisfied that the request is voluntary, the
court shall set such bail in such amount.
2.  When the defendant is charged, by felony complaint, with a felony,
the court may, in its discretion, and in accordance with section  510.10
of   this   title,   order   recognizance,  release  under  non-monetary
conditions, or,  where  authorized,  fix  bail,  or  order  non-monetary
conditions  in  conjunction with fixing bail, or commit the defendant to
the custody of the sheriff except as otherwise provided  in  subdivision
one of this section or this subdivision:
(a)  A  city  court,  a  town  court  or a village court may not order
recognizance or bail when (i) the defendant is charged with  a  class  A
felony, or (ii) the defendant has two previous felony convictions;
(b)  No  local  criminal  court  may order recognizance, release under
non-monetary conditions or bail with respect to a defendant charged with
a felony unless and until:
(i) The district attorney has been  heard  in  the  matter  or,  after
knowledge  or notice of the application and reasonable opportunity to be
heard, has failed to appear at the proceeding or  has  otherwise  waived
his right to do so; and
(ii)  The court and counsel for the defendant have been furnished with
a report of the division of criminal  justice  services  concerning  the
defendant's  criminal record, if any, or with a police department report
with respect to the defendant's prior arrest and conviction  record,  if
any.  If neither report is available, the court, with the consent of the
district  attorney,  may  dispense  with  this  requirement;   provided,
however,   that  in  an  emergency,  including  but  not  limited  to  a
substantial impairment  in  the  ability  of  such  division  or  police
department  to  timely  furnish  such  report, such consent shall not be
required if, for reasons stated  on  the  record,  the  court  deems  it
unnecessary.  When  the court has been furnished with any such report or
record, it shall furnish a copy thereof to counsel for the defendant or,
if the defendant is not represented by counsel, to the defendant.