Bill Text: NY S07723 | 2019-2020 | General Assembly | Introduced

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Bill Title: Creates the crime of criminal circumvention of bail reform for when a public servant who represents the state strategize to inflate charges against an individual in order to evade bail reform.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-11 - RECOMMIT, ENACTING CLAUSE STRICKEN [S07723 Detail]

Download: New_York-2019-S07723-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7723

                    IN SENATE

                                    February 11, 2020
                                       ___________

        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the penal law, in relation  to  creating  the  crime  of
          criminal circumvention of bail reform

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

     1    Section 1. The penal law is amended by adding a new section 195.25  to
     2  read as follows:
     3  § 195.25 Criminal circumvention of bail reform.
     4    A  prosecutor, district attorney, law enforcement officer or any other
     5  public servant who represents the state in an action, including, but not
     6  limited to, employees and agents, is guilty of criminal circumvention of
     7  bail reform when he or  she  knowingly  strategize  to  inflate  charges
     8  against  an individual in order to evade bail reform provisions pursuant
     9  to part JJJ of chapter fifty-nine of the laws of two thousand  nineteen.
    10  For the purposes of this section:
    11    1.  "Inflate charges" shall mean when a prosecutor, district attorney,
    12  law enforcement officer and/or any other public servant  who  represents
    13  the  state  charges an individual with a more serious crime than the one
    14  such individual committed; and
    15    2. "Knowingly strategize" shall include, but not  be  limited  to  the
    16  hiring  of an outside independent contractor to assist and create a plan
    17  and/or mechanisms to inflate charges against an individual.
    18    Criminal circumvention of bail reform is a class A misdemeanor.
    19    § 2. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14947-01-0