Bill Text: NY S06539 | 2011-2012 | General Assembly | Introduced
Bill Title: Amends provisions relating to proceedings for the determination of applications for recognizance or bail based upon the dangerousness of the defendant.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-06-21 - COMMITTED TO RULES [S06539 Detail]
Download: New_York-2011-S06539-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6539
I N S E N A T E
February 23, 2012
___________
Introduced by Sen. SALAND -- 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 determi-
nations of applications for recognizance or bail
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (b) of subdivision 2 of section 510.30 of the
2 criminal procedure law is relettered paragraph (c) and a new paragraph
3 (b) is added to read as follows:
4 (B) (I) WITH RESPECT TO ANY PRINCIPAL, THE DISTRICT ATTORNEY MAY MOVE,
5 BASED ON DANGEROUSNESS, FOR A SECURING ORDER REMANDING A PRINCIPAL TO
6 THE CUSTODY OF THE SHERIFF; OR AN ORDER RELEASING THE PRINCIPAL UPON
7 FIXING OF BAIL WITH CERTAIN CONDITIONS AS SET FORTH IN THIS PARAGRAPH;
8 OR AN ORDER RELEASING THE PRINCIPAL ON HIS OR HER OWN RECOGNIZANCE WITH
9 CONDITIONS AS SET FORTH IN THIS PARAGRAPH, WHERE THE DEFENDANT IS
10 CHARGED WITH: (1) A FELONY OFFENSE AN ELEMENT OF WHICH IS THE USE,
11 ATTEMPTED USE OR THREATENED USE OF PHYSICAL FORCE AGAINST ANOTHER OR ANY
12 OTHER FELONY THAT, BY ITS NATURE, INVOLVES A SUBSTANTIAL RISK THAT PHYS-
13 ICAL FORCE AGAINST THE PERSON OF ANOTHER MAY RESULT, WHETHER OR NOT A
14 PERSON HAS BEEN PLACED AT RISK THEREOF; (2) A VIOLATION OF A COURT ORDER
15 OR ORDER OF PROTECTION ISSUED PURSUANT TO SECTION TWO HUNDRED FORTY OF
16 THE DOMESTIC RELATIONS LAW, OR SECTION FIVE HUNDRED FIFTY, FIVE HUNDRED
17 FIFTY-ONE, SIX HUNDRED FIFTY-FIVE OR SIX HUNDRED FIFTY-SEVEN OF THE
18 FAMILY COURT ACT OR SECTION 530.12 OR 530.13 OF THIS CHAPTER; OR (3)
19 CHARGED WITH A VIOLATION OF SECTION 265.02, 265.03 OR 265.04 OF THE
20 PENAL LAW.
21 (II) UPON THE FIRST APPEARANCE BEFORE THE COURT OF A DEFENDANT CHARGED
22 WITH AN OFFENSE LISTED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE COURT
23 SHALL HOLD A HEARING AND DETERMINE WHETHER (1) A SECURING ORDER REMAND-
24 ING THE DEFENDANT TO THE CUSTODY OF THE SHERIFF IS NECESSARY, OR (2)
25 WHETHER TO ISSUE AN ORDER RELEASING THE DEFENDANT ON HIS OR HER OWN
26 RECOGNIZANCE, OR (3) FIXING BAIL WITH THE CONDITIONS OF SUCH RECOGNI-
27 ZANCE OR BAIL AS SET FORTH HEREIN.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13959-02-2
S. 6539 2
1 (III) THE COURT SHALL DETERMINE IF ANY CONDITIONS OF RELEASE WILL
2 REASONABLY ASSURE THE SAFETY OF THE COMPLAINANT OR ANY OTHER PERSON.
3 (1) THE HEARING SHALL BE HELD UPON THE DEFENDANT'S FIRST APPEARANCE
4 BEFORE THE COURT PROVIDED THAT THE DISTRICT ATTORNEY IS PRESENT AT SUCH
5 APPEARANCE, OR NO LATER THAN THREE BUSINESS DAYS AFTER THE DEFENDANT'S
6 FIRST APPEARANCE UPON NOTICE BY THE COURT TO THE DISTRICT ATTORNEY OF
7 SUCH FIRST APPEARANCE. THE DEFENDANT SHALL REMAIN IN CUSTODY UNTIL SUCH
8 HEARING IS HELD. EXCEPT FOR GOOD CAUSE SHOWN, AN ADJOURNMENT BY THE
9 DEFENDANT MAY NOT EXCEED SEVEN DAYS. DURING ANY SUCH ADJOURNMENT THE
10 DEFENDANT SHALL REMAIN IN THE CUSTODY OF THE SHERIFF.
11 (2) AT THE HEARING, THE DEFENDANT SHALL HAVE THE RIGHT TO BE REPRES-
12 ENTED BY COUNSEL, AND, IF FINANCIALLY UNABLE TO RETAIN ADEQUATE REPRE-
13 SENTATION, TO HAVE COUNSEL APPOINTED. THE DEFENDANT SHALL BE AFFORDED AN
14 OPPORTUNITY TO TESTIFY, TO PRESENT WITNESSES, TO CROSS-EXAMINE WITNESSES
15 WHO APPEAR AT THE HEARING, AND TO PRESENT EVIDENCE. THE RULES OF
16 EVIDENCE APPLICABLE TO CRIMINAL PRE-TRIAL HEARINGS SHALL BE APPLICABLE
17 TO SUCH HEARING.
18 (IV) IN THE DETERMINATION AS TO THE DANGEROUSNESS OF THE DEFENDANT AND
19 WHETHER THERE ARE CONDITIONS OF RELEASE THAT WILL REASONABLY ASSURE THE
20 SAFETY OF THE COMPLAINANT OR ANY OTHER INDIVIDUAL THE COURT SHALL
21 CONSIDER AND TAKE INTO ACCOUNT: (1) THE NATURE AND SERIOUSNESS OF THE
22 DANGER POSED TO ANY PERSON THAT WOULD RESULT BY THE PERSON'S RELEASE;
23 (2) THE NATURE AND CIRCUMSTANCES OF THE OFFENSE CHARGED; (3) THE POTEN-
24 TIAL PENALTY THE PERSON FACES; (4) THE PERSON'S EMPLOYMENT RECORD AND
25 HISTORY OF MENTAL ILLNESS; (5) THE RISK THAT THE PERSON WILL OBSTRUCT OR
26 ATTEMPT TO OBSTRUCT THE COURT OR THREATEN, INJURE OR INTIMIDATE OR
27 ATTEMPT TO THREATEN, INJURE OR INTIMIDATE A PROSPECTIVE WITNESS OR
28 JUROR; (6) HIS OR HER RECORD OF CONVICTIONS, IF ANY; (7) ANY ILLEGAL
29 DRUG DISTRIBUTION OR PRESENT DRUG DEPENDENCY; (8) WHETHER THE PERSON IS
30 ON BAIL PENDING ADJUDICATION OF A PRIOR CHARGE; (9) WHETHER THE ACTS
31 ALLEGED INVOLVE A FAMILY OFFENSE AS DEFINED IN SECTION 530.11 OF THIS
32 TITLE OR A VIOLATION OF A TEMPORARY OR PERMANENT ORDER OF PROTECTION OR
33 WHETHER THE PERSON HAS ANY HISTORY OF ORDERS ISSUED AGAINST HIM OR HER;
34 (10) WHETHER HE OR SHE IS ON PROBATION, PAROLE OR OTHER RELEASE PENDING
35 COMPLETION OF SENTENCE FOR ANY CONVICTION AND WHETHER HE OR SHE IS ON
36 RELEASE PENDING SENTENCE OR APPEAL FOR ANY CONVICTIONS; AND ANY OTHER
37 INFORMATION THE COURT FINDS RELEVANT AND PROBATIVE ON THE ISSUE OF THE
38 DANGEROUSNESS OF THE PRINCIPAL.
39 (V) IF THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT NO CONDI-
40 TIONS OF BAIL OR RELEASE WILL REASONABLY ASSURE THE SAFETY OF THE
41 COMPLAINANT OR ANY OTHER PERSON, THE COURT SHALL DIRECT THAT THE PERSON
42 BE COMMITTED TO CUSTODY OF THE SHERIFF. THE HEARING MAY BE REOPENED
43 BEFORE OR AFTER A DETERMINATION BY THE COURT AT ANY TIME BEFORE TRIAL IF
44 THE COURT FINDS THAT INFORMATION EXISTS THAT WAS NOT KNOWN AT THE TIME
45 OF THE HEARING AND THAT HAS A MATERIAL BEARING ON THE ISSUE AND WHETHER
46 THERE ARE CONDITIONS OF RELEASE THAT WILL REASONABLY ASSURE THE SAFETY
47 OF THE COMPLAINANT OR ANY OTHER PERSON.
48 S 2. This act shall take effect immediately.
