§ 530.60 Certain modifications of a securing order.\n 1. Whenever in the course of a criminal action or proceeding a\ndefendant is at liberty as a result of an order of recognizance, release\nunder non-monetary conditions or bail issued pursuant to this chapter,\nand the court considers it necessary to review such order, whether due\nto a motion by the people or otherwise, the court may, and except as\nprovided in subdivision two of section 510.50 of this title concerning a\nfailure to appear in court, by a bench warrant if necessary, require the\ndefendant to appear before the court. Upon such appearance, the court,\nfor good cause shown, may revoke the order of recognizance, release\nunder non-monetary conditions, or bail. If the defendant is entitled to\nrecognizance, release under non-monetary conditions, or bail as a matter\nof right, the court must issue another such order. If the defendant is\nnot, the court may either issue such an order or commit the defendant to\nthe custody of the sheriff in accordance with this section.\n Where the defendant is committed to the custody of the sheriff and is\nheld on a felony complaint, a new period as provided in section 180.80\nof this chapter shall commence to run from the time of the defendant's\ncommitment under this subdivision.\n 2. (a) Whenever in the course of a criminal action or proceeding a\ndefendant charged with the commission of a felony is at liberty as a\nresult of an order of recognizance, release under non-monetary\nconditions or bail issued pursuant to this article it shall be grounds\nfor revoking such order that the court finds reasonable cause to believe\nthe defendant committed one or more specified class A or violent felony\noffenses or intimidated a victim or witness in violation of section\n215.15, 215.16 or 215.17 of the penal law while at liberty.\n (b) Except as provided in paragraph (a) of this subdivision or any\nother law, whenever in the course of a criminal action or proceeding a\ndefendant charged with the commission of an offense is at liberty as a\nresult of a securing order issued pursuant to this article it shall be\ngrounds for revoking such order and imposing a new securing order in\naccordance with paragraph (d) of this subdivision, the basis for which\nshall be made on the record or in writing, in such criminal action or\nproceeding when the court has found, by clear and convincing evidence,\nthat the defendant:\n (i) persistently and willfully failed to appear after notice of\nscheduled appearances in the case before the court; or\n (ii) violated an order of protection in the manner prohibited by\nsubdivision (b), (c) or (d) of section 215.51 of the penal law while at\nliberty; or\n (iii) stands charged in such criminal action or proceeding with a\nmisdemeanor or violation and, after being so charged, intimidated a\nvictim or witness in violation of section 215.15, 215.16 or 215.17 of\nthe penal law or tampered with a witness in violation of section 215.11,\n215.12 or 215.13 of the penal law, law while at liberty; or\n (iv) stands charged in such action or proceeding with a felony and,\nafter being so charged, committed a felony while at liberty.\n (c) Before revoking an order of recognizance, release under\nnon-monetary conditions, or bail pursuant to this subdivision, the court\nmust hold a hearing and shall receive any relevant, admissible evidence\nnot legally privileged. The defendant may cross-examine witnesses and\nmay present relevant, admissible evidence on his own behalf. Such\nhearing may be consolidated with, and conducted at the same time as, a\nfelony hearing conducted pursuant to article one hundred eighty of this\nchapter. A transcript of testimony taken before the grand jury upon\npresentation of the subsequent offense shall be admissible as evidence\nduring the hearing. The district attorney may move to introduce grand\njury testimony of a witness in lieu of that witness' appearance at the\nhearing.\n (d) Revoc
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