Bill Text: NY A03573 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to setting bail for dangerous defendants who pose a threat to public safety.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A03573 Detail]

Download: New_York-2023-A03573-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3573

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2023
                                       ___________

        Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
          Committee on Codes

        AN ACT to amend the criminal procedure law, in relation to setting  bail
          for defendants who pose a threat to public safety

          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 1 of subpart C of part UU of chapter 56 of
     3  the laws of 2022, 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 poses a
    14  risk of flight to avoid prosecution[. If such a  finding  is  made,  the
    15  court  must  select  the  least restrictive alternative and condition or
    16  conditions that will reasonably assure the principal's return to  court]
    17  or  it  is  demonstrated and the court  makes an individualized determi-
    18  nation based  on the principal's record of a prior felony conviction,  a
    19  failure  to  appear in court or if the principal is arrested during  the
    20  interim  period while awaiting a preliminary hearing or trial. The court
    21  shall explain its choice of release, release with  conditions,  bail  or
    22  remand  on  the  record  or in writing. In making its determination, the
    23  court must consider and take into account  available  information  about
    24  the principal, including:
    25    (a) The principal's activities and history;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03622-01-3
        A. 3573                             2

     1    (b) If the principal is a defendant, the charges facing the principal;
     2    (c) The principal's criminal conviction record if any;
     3    (d)  The  principal's  record  of  previous adjudication as a juvenile
     4  delinquent, as retained pursuant to section 354.1 of  the  family  court
     5  act,  or,  of  pending cases where fingerprints are retained pursuant to
     6  section 306.1 of such act, or a youthful offender, if any;
     7    (e) The principal's previous record with respect to  flight  to  avoid
     8  criminal prosecution;
     9    (f)  If monetary bail is authorized, according to the restrictions set
    10  forth in this title, the principal's individual financial circumstances,
    11  and, in cases where bail is authorized, the principal's ability to  post
    12  bail  without  posing  undue  hardship, as well as his or her ability to
    13  obtain a secured, unsecured, or partially secured bond;
    14    (g) Any violation by the principal of an order of protection issued by
    15  any court;
    16    (h) The principal's history of use or possession of a firearm;
    17    (i) Whether the charge is alleged to have caused serious  harm  to  an
    18  individual or group of individuals; and
    19    (j) If the principal is a defendant, in the case of an application for
    20  a  securing  order  pending  appeal,  the  merit or lack of merit of the
    21  appeal.
    22    § 2. This act shall take effect immediately.