Bill Text: NY A10837 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires that there shall be a rebuttable presumption that any pregnant woman should be released on her own recognizance without posting of bail.
Spectrum: Partisan Bill (Democrat 24-0)
Status: (Introduced - Dead) 2018-06-18 - ordered to third reading rules cal.257 [A10837 Detail]
Download: New_York-2017-A10837-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10837 IN ASSEMBLY May 23, 2018 ___________ Introduced by M. of A. FERNANDEZ -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to bail of preg- nant women The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 3 and 4 of section 120.90 of the criminal 2 procedure law, as amended by chapter 424 of the laws of 1998, are 3 amended to read as follows: 4 3. Upon arresting a defendant for an offense other than a felony 5 pursuant to a warrant of arrest in a county other than the one in which 6 the warrant is returnable or one adjoining it, a police officer, if he 7 or she be one to whom the warrant is addressed, must inform the defend- 8 ant that he or she has a right to appear before a local criminal court 9 of the county of arrest for the purpose of being released on his or her 10 own recognizance or having bail fixed. If the defendant does not desire 11 to avail himself or herself of such right, the officer must request him 12 or her to endorse such fact upon the warrant, and upon such endorsement 13 the officer must without unnecessary delay bring him or her before the 14 court in which the warrant is returnable. If the defendant does desire 15 to avail himself or herself of such right, or if he or she refuses to 16 make the aforementioned endorsement, the officer must without unneces- 17 sary delay bring him or her before a local criminal court of the county 18 of arrest. Such court must release the defendant on his or her own 19 recognizance or fix bail for his or her appearance on a specified date 20 in the court in which the warrant is returnable. There shall be a 21 rebuttable presumption that any pregnant woman should be released on her 22 own recognizance without the posting of bail. If the defendant is in 23 default of bail, the officer must without unnecessary delay bring him or 24 her before the court in which the warrant is returnable. 25 4. Upon arresting a defendant for an offense other than a felony 26 pursuant to a warrant of arrest in a county other than the one in which 27 the warrant is returnable or one adjoining it, a police officer, if he 28 or she be one delegated to execute the warrant pursuant to section EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11900-04-8A. 10837 2 1 120.60 of this article, may hold the defendant in custody in the county 2 of arrest for a period not exceeding two hours for the purpose of deliv- 3 ering him or her to the custody of the officer by whom he or she was 4 delegated to execute such warrant. If the delegating officer receives 5 custody of the defendant during such period, he or she must proceed as 6 provided in subdivision three of this section. Otherwise, the delegated 7 officer must inform the defendant that he or she has a right to appear 8 before a local criminal court for the purpose of being released on his 9 or her own recognizance or having bail fixed. If the defendant does not 10 desire to avail himself or herself of such right, the officer must 11 request him or her to make, sign and deliver to him or her a written 12 statement of such fact, and if the defendant does so, the officer must 13 retain custody of him or her but must without unnecessary delay deliver 14 him or her or cause him or her to be delivered to the custody of the 15 delegating police officer. If the defendant does desire to avail himself 16 or herself of such right, or if he or she refuses to make and deliver 17 the aforementioned statement, the delegated or arresting officer must 18 without unnecessary delay bring him or her before a local criminal court 19 of the county of arrest and must submit to such court a written state- 20 ment reciting the material facts concerning the issuance of the warrant, 21 the offense involved, and all other essential matters relating thereto. 22 Upon the submission of such statement, such court must release the 23 defendant on his or her own recognizance or fix bail for his or her 24 appearance on a specified date in the court in which the warrant is 25 returnable. There shall be a rebuttable presumption that any pregnant 26 woman should be released on her own recognizance without the posting of 27 bail. If the defendant is in default of bail, the officer must retain 28 custody of him or her but must without unnecessary delay deliver him or 29 her or cause him or her to be delivered to the custody of the delegating 30 officer. Upon receiving such custody, the latter must without unneces- 31 sary delay bring the defendant before the court in which the warrant is 32 returnable. 33 § 2. Paragraph (b) of subdivision 2 of section 140.20 of the criminal 34 procedure law, as amended by chapter 550 of the laws of 1987, is amended 35 to read as follows: 36 (b) The desk officer in charge at a police station, county jail or 37 police headquarters, or any of his or her superior officers, may, in 38 such place fix pre-arraignment bail and, upon deposit thereof, issue and 39 serve an appearance ticket upon the arrested person and release him or 40 her from custody, as prescribed in section 150.30 of this title. There 41 shall be a rebuttable presumption that any pregnant woman should be 42 released on her own recognizance without the posting of bail. 43 § 3. Paragraph (b) of subdivision 3 of section 140.40 of the criminal 44 procedure law, as amended by chapter 550 of the laws of 1987, is amended 45 to read as follows: 46 (b) The desk officer in charge at the appropriate police officer's 47 station, county jail or police headquarters, or any of his or her supe- 48 rior officers, may, in such place, fix pre-arraignment bail and, upon 49 deposit thereof, issue and serve an appearance ticket upon the arrested 50 person and release him or her from custody, as prescribed in section 51 150.30 of this title. There shall be a rebuttable presumption that any 52 pregnant woman should be released on her own recognizance without the 53 posting of bail. 54 § 4. Subdivisions 1, 2 and 3 of section 150.30 of the criminal proce- 55 dure law, subdivision 1 as amended by chapter 111 of the laws of 1987, 56 subdivision 2 as amended and subdivision 3 as added by chapter 708 ofA. 10837 3 1 the laws of 1986, paragraph (a) of subdivision 2 as added and paragraphs 2 (b), (c) and (d) of subdivision 2 as relettered by chapter 549 of the 3 laws of 1987, are amended to read as follows: 4 1. Issuance and service of an appearance ticket by a police officer 5 following an arrest without a warrant, as prescribed in subdivision two 6 of section 150.20 of this article, may be made conditional upon the 7 posting of a sum of money, known as pre-arraignment bail unless the 8 person arrested is a pregnant woman, in which case, if an appearance 9 ticket is issued, no bail shall be required. In such case, the bail 10 becomes forfeit upon failure of such person to comply with the 11 directions of the appearance ticket. The person posting such bail must 12 complete and sign a form which states (a) the name, residential address 13 and occupation of each person posting cash bail; and (b) the title of 14 the criminal action or proceeding involved; and (c) the offense or 15 offenses which are the subjects of the action or proceeding involved, 16 and the status of such action or proceeding; and (d) the name of the 17 principal and the nature of his or her involvement in or connection with 18 such action or proceeding; and (e) the date of the principal's next 19 appearance in court; and (f) an acknowledgement that the cash bail will 20 be forfeited if the principal does not comply with the directions of the 21 appearance ticket; and (g) the amount of money posted as cash bail. Such 22 pre-arraignment bail may be posted as provided in subdivision two or 23 three of this section. 24 2. A desk officer in charge at a police station, county jail, or 25 police headquarters, or any of his or her superior officers, may in such 26 place, fix pre-arraignment bail, in an amount prescribed in this subdi- 27 vision, and upon the posting thereof must issue and serve an appearance 28 ticket upon the arrested person, unless the person arrested is a preg- 29 nant woman, in which case, if an appearance ticket is issued, no bail 30 shall be required, give a receipt for the bail, and release such person 31 from custody. Such pre-arraignment bail may be fixed in the following 32 amounts: 33 (a) If the arrest was for a class E felony, any amount not exceeding 34 seven hundred fifty dollars. 35 (b) If the arrest was for a class A misdemeanor, any amount not 36 exceeding five hundred dollars. 37 (c) If the arrest was for a class B misdemeanor or an unclassified 38 misdemeanor, any amount not exceeding two hundred fifty dollars. 39 (d) If the arrest was for a petty offense, any amount not exceeding 40 one hundred dollars. 41 3. A police officer, who has arrested a person without a warrant 42 pursuant to subdivision two of section 150.20 of this [chapter] article 43 for a traffic infraction, may, where he or she reasonably believes that 44 such arrested person is not licensed to operate a motor vehicle by this 45 state or any state covered by a reciprocal compact guaranteeing appear- 46 ance as is provided in section five hundred seventeen of the vehicle and 47 traffic law, fix pre-arraignment bail in the amount of fifty dollars; 48 provided, however, that no such bail shall be required for pregnant 49 women who must be released with an appearance ticket without posting 50 bail, and such bail shall be posted by means of a credit card or similar 51 device. Upon the posting thereof, said officer must issue and serve an 52 appearance ticket upon the arrested person, give a receipt for the bail, 53 and release such person from custody. 54 § 5. Subdivision 2 of section 150.75 of the criminal procedure law, as 55 added by chapter 360 of the laws of 1977, is amended to read as follows:A. 10837 4 1 2. Whenever the defendant is arrested without a warrant, an appear- 2 ance ticket shall promptly be issued and served upon him or her, as 3 provided in this article. The issuance and service of the appearance 4 ticket may be made conditional upon the posting of pre-arraignment bail 5 as provided in section 150.30 of this [chapter] article but only if the 6 appropriate police officer (a) is unable to ascertain the defendant's 7 identity or residence address; or (b) reasonably suspects that the iden- 8 tification or residence address given by the defendant is not accurate; 9 [or] (c) reasonably suspects that the defendant does not reside within 10 the state; or (d) is able to ascertain that the defendant is not a preg- 11 nant woman. No warrant of arrest shall be issued unless the defendant 12 has failed to appear in court as required by the terms of the appearance 13 ticket or by the court. 14 § 6. Section 510.10 of the criminal procedure law, as amended by chap- 15 ter 459 of the laws of 1984, is amended to read as follows: 16 § 510.10 Securing order; when required. 17 When a principal, whose future court attendance at a criminal action 18 or proceeding is or may be required, initially comes under the control 19 of a court, such court must, by a securing order, either release him or 20 her on his or her own recognizance, fix bail or commit him or her to the 21 custody of the sheriff. There shall be a rebuttable presumption that any 22 pregnant woman should be released on her own recognizance without post- 23 ing bail. When a securing order is revoked or otherwise terminated in 24 the course of an uncompleted action or proceeding but the principal's 25 future court attendance still is or may be required and he or she is 26 still under the control of a court, a new securing order must be issued. 27 When the court revokes or otherwise terminates a securing order which 28 committed the principal to the custody of the sheriff, the court shall 29 give written notification to the sheriff of such revocation or termi- 30 nation of the securing order. 31 § 7. Section 510.20 of the criminal procedure law is amended to read 32 as follows: 33 § 510.20 Application for recognizance or bail; making and determination 34 thereof in general. 35 1. Upon any occasion when a court is required to issue a securing 36 order with respect to a principal, or at any time when a principal is 37 confined in the custody of the sheriff as a result of a previously 38 issued securing order, he or she may make an application for recogni- 39 zance or bail. 40 2. Upon such application, the principal must be accorded an opportu- 41 nity to be heard and to contend that an order of recognizance or bail 42 must or should issue, that the court should release him or her on his or 43 her own recognizance rather than fix bail, and that if bail is fixed it 44 should be in a suggested amount and form. There shall be a rebuttable 45 presumption that any pregnant woman should be released on her own recog- 46 nizance without the posting of bail. 47 § 8. Subdivision 1 of section 530.20 of the criminal procedure law, as 48 amended by chapter 531 of the laws of 1975, is amended to read as 49 follows: 50 1. When the defendant is charged, by information, simplified informa- 51 tion, prosecutor's information or misdemeanor complaint, with an offense 52 or offenses of less than felony grade only, the court must order recog- 53 nizance or bail. There shall be a rebuttable presumption that any preg- 54 nant woman should be released on her own recognizance without the post- 55 ing of bail.A. 10837 5 1 § 9. Subdivision 2 of section 530.20 of the criminal procedure law is 2 amended by adding a new paragraph (c) to read as follows: 3 (c) There shall be a rebuttable presumption that any pregnant woman 4 should be released on her own recognizance without the posting of bail. 5 § 10. Section 530.40 of the criminal procedure law is amended by 6 adding a new subdivision 5 to read as follows: 7 5. Notwithstanding the provisions of subdivision one and two of this 8 section, there shall be a rebuttable presumption that any pregnant woman 9 should be released on her own recognizance without the posting of bail. 10 § 11. This act shall take effect on the ninetieth day after it shall 11 have become a law.
