Bill Text: NY A02142 | 2013-2014 | General Assembly | Introduced
Bill Title: Establishes the detective Peter Figoski act of 2013 including the risk to public safety as a factor in bail determinations.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-08 - referred to codes [A02142 Detail]
Download: New_York-2013-A02142-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2142 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. SIMOTAS, SIMANOWITZ -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to establishing the detective Peter Figoski act of 2013 including the risk to public safety as a factor in bail determinations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "detective Peter Figoski act of 2013". 3 S 2. Subdivisions 2 and 3 of section 510.30 of the criminal procedure 4 law, subparagraph (v) of paragraph (a) of subdivision 2 as amended by 5 chapter 920 of the laws of 1982, subparagraph (vi) of paragraph (a) of 6 subdivision 2 as renumbered by chapter 447 of the laws of 1977, subpara- 7 graph (vii) as added and subparagraphs (viii) and (ix) as renumbered by 8 section 1 of part D of chapter 491 of the laws of 2012, and subdivision 9 3 as added by chapter 788 of the laws of 1981, are amended to read as 10 follows: 11 2. To the extent that the issuance of an order of recognizance or bail 12 and the terms thereof are matters of discretion rather than of law, an 13 application is determined on the basis of the following factors and 14 criteria: 15 (a) With respect to any principal, the court [must] SHALL consider the 16 kind and degree of control or restriction that is necessary to secure 17 his OR HER court attendance when required. In determining that matter, 18 the court must, on the basis of available information, consider and take 19 into account: 20 (i) The principal's character, reputation, habits and mental condi- 21 tion; 22 (ii) His OR HER employment and financial resources; and EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03634-01-3 A. 2142 2 1 (iii) His OR HER family ties and the length of his residence if any in 2 the community; and 3 (iv) His OR HER criminal record if any; and 4 (v) His OR HER record of previous adjudication as a juvenile delin- 5 quent, as retained pursuant to section 354.2 of the family court act, 6 or, of pending cases where fingerprints are retained pursuant to section 7 306.1 of such act, or a youthful offender, if any; and 8 (vi) His OR HER previous record if any in responding to court appear- 9 ances when required or with respect to flight to avoid criminal prose- 10 cution; and 11 (vii) Where the principal is charged with a crime or crimes against a 12 member or members of the same family or household as that term is 13 defined in subdivision one of section 530.11 of this title, the follow- 14 ing factors: 15 (A) any violation by the principal of an order of protection issued by 16 any court for the protection of a member or members of the same family 17 or household as that term is defined in subdivision one of section 18 530.11 of this title, whether or not such order of protection is 19 currently in effect; and 20 (B) the principal's history of use or possession of a firearm; and 21 (viii) If he OR SHE is a defendant, the weight of the evidence against 22 him OR HER in the pending criminal action and any other factor indicat- 23 ing probability or improbability of conviction; or, in the case of an 24 application for bail or recognizance pending appeal, the merit or lack 25 of merit of the appeal; and 26 (ix) If he OR SHE is a defendant, the sentence which may be or has 27 been imposed upon conviction[.]; AND 28 (X) IF HE OR SHE IS A DEFENDANT (A) WHO HAS PREVIOUSLY BEEN CONVICTED 29 OF A VIOLENT FELONY, AS DEFINED IN SECTION 70.02 OF THE PENAL LAW, OR 30 (B) CHARGED WITH ANY FELONY OFFENSE AND HE OR SHE HAS FAILED TO APPEAR 31 IN COURT IN THE PAST WHEN CHARGED WITH A FELONY, 32 THE COURT MAY CONSIDER WHETHER THE NATURE AND SERIOUSNESS OF THE 33 DANGER TO ANY PERSON OR THE COMMUNITY THAT WOULD BE POSED BY THE DEFEND- 34 ANT'S RELEASE REQUIRES THE PREVENTIVE DETENTION OF THE DEFENDANT. 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) OF THIS SUBDIVISION. 41 3. When bail or recognizance is ordered, the court shall inform the 42 principal, if he OR SHE is a defendant charged with the commission of a 43 felony, that the release is conditional and that the court may revoke 44 the order of release and commit the principal to the custody of the 45 sheriff in accordance with the provisions of subdivision two of section 46 530.60 of this chapter if he OR SHE commits a subsequent felony while at 47 liberty upon such order. 48 S 3. This act shall take effect on the sixtieth day after it shall 49 have become a law.