Bill Text: NY A04209 | 2015-2016 | General Assembly | Introduced

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Bill Title: Directs courts to exonerate bail and order recognizance when no grand jury action has occurred for 45 days from arraignment, unless the people show good cause otherwise.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A04209 Detail]

Download: New_York-2015-A04209-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4209
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2015
                                      ___________
       Introduced  by  M. of A. TITUS, COOK, O'DONNELL, CLARK, WRIGHT -- Multi-
         Sponsored by -- M. of A. GOTTFRIED, JAFFEE, PERRY, ZEBROWSKI  --  read
         once and referred to the Committee on Codes
       AN  ACT  to amend the criminal procedure law, in relation to exoneration
         of bail
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 530.20 of the criminal procedure law is amended by
    2  adding a new subdivision 3 to read as follows:
    3    3. WHEN A LOCAL CRIMINAL COURT HAS, IN ACCORDANCE WITH  THIS  SECTION,
    4  ORDERED  BAIL  WITH  RESPECT TO A DEFENDANT CHARGED BY FELONY COMPLAINT,
    5  AND THE DEFENDANT IS SUBSEQUENTLY AT LIBERTY IN THE ACTION FOLLOWING THE
    6  POSTING OF BAIL, SUCH COURT SHALL UPON  APPLICATION  OF  THE  DEFENDANT,
    7  EXONERATE  BAIL  AND ORDER RECOGNIZANCE WHEN, AT THE TIME OF THE DEFEND-
    8  ANT'S APPLICATION THEREFOR, THE FELONY COMPLAINT  HAS  BEEN  PENDING  IN
    9  SUCH LOCAL CRIMINAL COURT, WITH NO ACTION OF THE GRAND JURY, FOR A PERI-
   10  OD OF AT LEAST FORTY-FIVE DAYS FROM THE DATE OF THE DEFENDANT'S ARRAIGN-
   11  MENT  THEREON;  PROVIDED, HOWEVER, THAT THE COURT MAY DENY SUCH APPLICA-
   12  TION WHERE THE PEOPLE SHOW GOOD CAUSE WHY BAIL SHOULD NOT BE EXONERATED.
   13    S 2. Section 530.40 of the criminal procedure law is amended by adding
   14  a new subdivision 5 to read as follows:
   15    5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS  SECTION,
   16  WHERE  A  DEFENDANT  CHARGED  BY  FELONY  COMPLAINT IS AT LIBERTY IN THE
   17  ACTION FOLLOWING THE POSTING OF BAIL, THE COURT SHALL  UPON  APPLICATION
   18  OF  THE  DEFENDANT,  EXONERATE  BAIL AND ORDER RECOGNIZANCE WHEN, AT THE
   19  TIME OF THE DEFENDANT'S APPLICATION THEREFOR, SUCH FELONY COMPLAINT  HAS
   20  BEEN PENDING, WITH NO ACTION OF THE GRAND JURY, FOR A PERIOD OF AT LEAST
   21  FORTY-FIVE  DAYS  FROM  THE DATE OF THE DEFENDANT'S ARRAIGNMENT THEREON;
   22  PROVIDED, HOWEVER, THAT THE COURT MAY DENY SUCH  APPLICATION  WHERE  THE
   23  PEOPLE SHOW GOOD CAUSE WHY BAIL SHOULD NOT BE EXONERATED.
   24    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06605-01-5