Bill Text: NY A09047 | 2019-2020 | 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 7-0)

Status: (Introduced - Dead) 2020-01-10 - referred to codes [A09047 Detail]

Download: New_York-2019-A09047-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9047

                   IN ASSEMBLY

                                    January 10, 2020
                                       ___________

        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 2 of part JJJ of chapter 59 of the laws of
     3  2019, 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.
    23    § 2. This act shall take effect on the  same  date  and  in  the  same
    24  manner as section 2 of part JJJ of chapter 59 of the laws of 2019, takes
    25  effect.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14237-02-9