Bill Text: NY A10247 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to setting bail for defendants that pose a current physical threat to public safety.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-05-13 - referred to codes [A10247 Detail]

Download: New_York-2021-A10247-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10247

                   IN ASSEMBLY

                                      May 13, 2022
                                       ___________

        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Ra) -- read
          once and referred to the Committee on Codes

        AN ACT to amend the criminal procedure law, in relation to setting  bail
          for defendants that 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 or it is demonstrated and the  court
    15  makes an individualized determination that the principal poses a current
    16  physical  danger to the safety of any crime victim, person or the commu-
    17  nity. [If such a finding is  made,  the  court  must  select  the  least
    18  restrictive alternative and condition or conditions that will reasonably
    19  assure  the  principal's  return  to court.] The court shall explain its
    20  choice of release, release with conditions, bail or remand on the record
    21  or in writing.
    22    § 2. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08007-01-1