Bill Text: NY S03836 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides for the immediate enforcement of securing orders through issuance of a bench warrant when a defendant fails to appear for a scheduled appearance; removes 48 hour notice requirement.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S03836 Detail]

Download: New_York-2021-S03836-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3836

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 31, 2021
                                       ___________

        Introduced  by  Sens.  SERINO,  JORDAN,  ORTT  -- 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  immediate
          enforcement of securing orders

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 510.50 of the criminal procedure law, as amended by
     2  section 9 of part JJJ of chapter 59 of the laws of 2019, is  amended  to
     3  read as follows:
     4  § 510.50 Enforcement of securing order.
     5    [1.] When the attendance of a principal confined in the custody of the
     6  sheriff is required at the criminal action or proceeding at a particular
     7  time  and  place,  the court may compel such attendance by directing the
     8  sheriff to produce the principal at such time and place. If the  princi-
     9  pal  is  at  liberty on the principal's own recognizance or non-monetary
    10  conditions or on bail, the principal's attendance  may  be  achieved  or
    11  compelled by various methods, including notification and the issuance of
    12  a  bench warrant, prescribed by law in provisions governing such matters
    13  with respect to the particular kind of action or proceeding involved.
    14    [2. Except when the principal is charged with a  new  crime  while  at
    15  liberty, absent relevant, credible evidence demonstrating that a princi-
    16  pal's  failure  to  appear for a scheduled court appearance was willful,
    17  the court, prior to issuing a bench warrant for a failure to appear  for
    18  a  scheduled  court appearance, shall provide at least forty-eight hours
    19  notice to the principal or the principal's counsel that the principal is
    20  required to appear, in order to give the  principal  an  opportunity  to
    21  appear voluntarily.]
    22    § 2. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01256-01-1