Bill Text: NY S01521 | 2021-2022 | 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 (Republican 13-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S01521 Detail]

Download: New_York-2021-S01521-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1521

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 12, 2021
                                       ___________

        Introduced  by Sens. TEDISCO, AKSHAR, BORRELLO, GRIFFO, HELMING, JORDAN,
          O'MARA, ORTT, RITCHIE -- read twice  and  ordered  printed,  and  when
          printed to be committed 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 immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04305-01-1