Bill Text: NY A04049 | 2023-2024 | General Assembly | Introduced

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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

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                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.
                                                                   LBD05033-01-3
        A. 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.