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.
                                                                   LBD11900-04-8

        A. 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 of

        A. 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.
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