Bill Text: NY A02076 | 2021-2022 | General Assembly | Introduced

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Bill Title: Allows for courts to detain principals before trial where the principal: poses a risk of flight, has a record of missing mandated court appearances, is a danger to himself, herself and/or another person, and/or has been previously convicted of a crime or has engaged in activities which the court determines requires the principal not be released pending trial on the principal's own recognizance.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A02076 Detail]

Download: New_York-2021-A02076-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2076

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by M. of A. BARNWELL, BUTTENSCHON, ABBATE -- Multi-Sponsored
          by -- M. of A.  ASHBY, BYRNES, DeSTEFANO,  DiPIETRO,  GRIFFIN,  JONES,
          MANKTELOW,  MONTESANO,  REILLY,  STERN, TAGUE, THIELE, WALCZYK -- read
          once and referred to the Committee on Codes

        AN ACT to amend the criminal procedure law,  in  relation  to  detaining
          principals before trial

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 510.10 of the  criminal  procedure
     2  law,  as  amended  by section 2 of part JJJ of chapter 59 of the laws of
     3  2019, is amended to read as follows:
     4    1. When a principal, whose  future  court  attendance  at  a  criminal
     5  action or proceeding is or may be required, comes under the control of a
     6  court,  such  court  shall, in accordance with this title, by a securing
     7  order release the principal on the principal's own recognizance, release
     8  the principal under non-monetary conditions, or, where  authorized,  fix
     9  bail  or commit the principal to the custody of the sheriff. In all such
    10  cases, except where another type  of  securing  order  is  shown  to  be
    11  required  by law, the court shall release the principal pending trial on
    12  the principal's own recognizance, unless  it  is  demonstrated  and  the
    13  court  makes  an  individualized  determination  that the principal; (a)
    14  poses a risk of flight to avoid prosecution; (b) has a record of missing
    15  mandated court appearances; (c) is a danger to himself,  herself  and/or
    16  another  person;  and/or (d) has been previously convicted of a crime or
    17  has engaged in activities which the court determines requires the  prin-
    18  cipal not be released pending trial on the principal's own recognizance.
    19  If  such  a  finding  is  made,  the court [must] shall select the least
    20  restrictive alternative and condition or conditions that will reasonably
    21  assure the principal's return to court and, at future court  appearances
    22  upon hearing from the principal and the people, the court shall consider
    23  a  lessening  of  conditions  or modification of conditions.   The court
    24  shall explain its choice of release, release with  conditions,  bail  or
    25  remand on the record [or in writing].
    26    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07024-01-1