STATE OF NEW YORK
________________________________________________________________________
3379
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. WOERNER, BUTTENSCHON -- read once and referred to
the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to directing
courts to consider a principal's primary residence location in
relation to the location of the court they are required to return to
for a future appearance as a factor in determining whether to fix bail
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 510.30 of the criminal procedure
2 law, as amended by section 2 of subpart C of part UU of chapter 56 of
3 the laws of 2022, is amended to read as follows:
4 1. With respect to any principal, the court in all cases, unless
5 otherwise provided by law, must impose the least restrictive kind and
6 degree of control or restriction that is necessary to secure the princi-
7 pal's return to court when required. In determining that matter, the
8 court must, on the basis of available information, consider and take
9 into account information about the principal that is relevant to the
10 principal's return to court, including:
11 (a) The principal's activities and history;
12 (b) If the principal is a defendant, the charges facing the principal;
13 (c) The principal's criminal conviction record if any;
14 (d) The principal's record of previous adjudication as a juvenile
15 delinquent, as retained pursuant to section 354.2 of the family court
16 act, or, of pending cases where fingerprints are retained pursuant to
17 section 306.1 of such act, or a youthful offender, if any;
18 (e) The principal's previous record with respect to flight to avoid
19 criminal prosecution;
20 (f) If monetary bail is authorized, according to the restrictions set
21 forth in this title, the principal's individual financial circumstances,
22 and, in cases where bail is authorized, the principal's ability to post
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06282-01-3
A. 3379 2
1 bail without posing undue hardship, as well as his or her ability to
2 obtain a secured, unsecured, or partially secured bond;
3 (g) any violation by the principal of an order of protection issued by
4 any court;
5 (h) the principal's history of use or possession of a firearm;
6 (i) whether the charge is alleged to have caused serious harm to an
7 individual or group of individuals; [and]
8 (j) If the principal is a defendant, in the case of an application for
9 a securing order pending appeal, the merit or lack of merit of the
10 appeal[.]; and
11 (k) whether the principal's primary residence is located one hundred
12 miles or more from the location of the court in which the principal is
13 scheduled to return for a future appearance.
14 § 2. This act shall take effect immediately.