Bill Text: NY A04049 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires the consideration of certain domestic violence charges when imposing bail.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to codes [A04049 Detail]
Download: New_York-2023-A04049-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4049 2023-2024 Regular Sessions IN ASSEMBLY February 9, 2023 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to bail and domestic violence charges 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 or where the principal stands 15 charged with a crime or crimes against a member or members of the same 16 family or household as that term is defined in subdivision one of 17 section 530.11 of this title. If [such] a finding is made that the 18 principal poses a risk of flight to avoid prosecution, the court must 19 select the least restrictive alternative and condition or conditions 20 that will reasonably assure the principal's return to court. 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. LBD05033-01-3A. 4049 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 (k) Any history of prior acts of violence or threats of violence 23 against a witness in the pending criminal action; 24 (l) Any order of protection issued by any court against the principal 25 for the protection of a member or members of the same family or house- 26 hold as that term is defined in subdivision one of section 530.11 of 27 this title, whether or not such order is currently in effect; and 28 (m) Any prior arrest or conviction for a crime or violation against a 29 member or members of the same family or household as that term is 30 defined in subdivision one of section 530.11 of this title. 31 § 2. This act shall take effect on the ninetieth day after it shall 32 have become a law.