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A07062 Summary:

BILL NOA07062
 
SAME ASNo Same As
 
SPONSORButtenschon
 
COSPNSR
 
MLTSPNSR
 
Amd 510.10, 510.30 & 510.40, CP L
 
Removes the requirement that certain orders releasing a principal on such principal's own recognizance, releasing a principal under non-monetary conditions, or fixing bail, be tailored according to the least restrictive means.
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A07062 Actions:

BILL NOA07062
 
05/10/2023referred to codes
01/03/2024referred to codes
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A07062 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7062
 
SPONSOR: Buttenschon
  TITLE OF BILL: An act to amend the criminal procedure law, in relation to removing the requirement that certain orders releasing a principal on such princi- pal's own recognizance, releasing a principal under non-monetary condi- tions, or fixing bail, be tailored according to the least restrictive means   PURPOSE OR GENERAL IDEA OF BILL: Removes the requirement that certain orders releasing a principal on their own recognizance, under non-monetary conditions, or fixing bail, be tailored according to the least restrictive means.   SUMMARY OF PROVISIONS: Section 1. Amends section 510.10 of the criminal procedure law by remov- ing the term least restrictive means when discussing conditions of release. Section 2. Amends section 510.30 of the criminal procedure law by removing the term least restrictive when discussing degree of control of restriction. Section 3. Amends section 510.40 of the criminal procedure law by removing the term least restrictive when talking about conditions that will assure the defendant's return to court. Section 4. Establishes the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):   JUSTIFICATION: While it is important to make sure that the accused are not having their rights violated pre-trial, it is equally as important to balance those rights with the rights of the community. Bail reform was a step in the right direction, but it's important to make sure that violent offenders, repeat offenders, or offenders that are deemed a "flight risk" are not released back into the community. Removing the term "least restrictive means" would grant judges more discretion in setting bail and keeping the community safe.   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.
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A07062 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7062
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 10, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
          Committee on Codes
 
        AN ACT to amend the criminal procedure law, in relation to removing  the
          requirement  that certain orders releasing a principal on such princi-
          pal's own  recognizance,  releasing  a  principal  under  non-monetary
          conditions,  or  fixing  bail,  be  tailored  according  to  the least
          restrictive means
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The opening paragraph of subdivision 1 and subdivision 3 of
     2  section  510.10  of the criminal procedure law, the opening paragraph of
     3  subdivision 1 as amended by section 1 of subpart C of part UU of chapter
     4  56 of the laws of 2022 and subdivision 3 as added by section 2  of  part
     5  JJJ of chapter 59 of the laws of 2019, are amended to read as follows:
     6    When  a  principal, whose future court attendance at a criminal action
     7  or proceeding is or may be required, comes under the control of a court,
     8  such court shall, in accordance with this title,  by  a  securing  order
     9  release  the  principal on the principal's own recognizance, release the
    10  principal under non-monetary conditions, or, where authorized, fix  bail
    11  or  commit  the  principal  to  the  custody of the sheriff. In all such
    12  cases, except where another type  of  securing  order  is  shown  to  be
    13  required  by law, the court shall release the principal pending trial on
    14  the principal's own recognizance, unless  it  is  demonstrated  and  the
    15  court  makes  an individualized determination that the principal poses a
    16  risk of flight to avoid prosecution. If such  a  finding  is  made,  the
    17  court must select [the least restrictive alternative and] a condition or
    18  conditions  that will reasonably assure the principal's return to court.
    19  The court shall explain its choice of release, release with  conditions,
    20  bail or remand on the record or in writing. In making its determination,
    21  the  court  must  consider  and  take into account available information
    22  about the principal, including:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10583-01-3

        A. 7062                             2
 
     1    3. In cases other than  as  described  in  subdivision  four  of  this
     2  section the court shall release the principal pending trial on the prin-
     3  cipal's  own  recognizance,  unless  the court finds on the record or in
     4  writing that release  on  the  principal's  own  recognizance  will  not
     5  reasonably  assure  the  principal's return to court. In such instances,
     6  the court shall release the  principal  under  non-monetary  conditions,
     7  selecting  [the  least restrictive alternative and] conditions that will
     8  reasonably assure the principal's  return  to  court.  The  court  shall
     9  explain  its  choice of [alternative and] conditions on the record or in
    10  writing.
    11    § 2. The opening paragraph of subdivision 1 of section 510.30  of  the
    12  criminal  procedure law, as amended by section 2 of subpart C of part UU
    13  of chapter 56 of the laws of 2022, is amended to read as follows:
    14    With respect to any principal, the court in all cases,  unless  other-
    15  wise  provided  by  law,  must  impose  the [least restrictive] kind and
    16  degree of control or restriction that is necessary to secure the princi-
    17  pal's return to court when required. In  determining  that  matter,  the
    18  court  must,  on  the  basis of available information, consider and take
    19  into account information about the principal that  is  relevant  to  the
    20  principal's return to court, including:
    21    §  3.  Subdivision  3  and  paragraph  (b) of subdivision 4 of section
    22  510.40 of the criminal procedure law, as added by section 6 of part  JJJ
    23  of chapter 59 of the laws of 2019, are amended to read as follows:
    24    3.  Non-monetary  conditions  of  release  shall be individualized and
    25  established in writing by the court. At future  court  appearances,  the
    26  court shall consider a lessening of conditions or modification of condi-
    27  tions to a less burdensome form based on the principal's compliance with
    28  such  conditions of release. In the event of alleged non-compliance with
    29  the conditions of release in an  important  respect,  pursuant  to  this
    30  subdivision,  additional  conditions may be imposed by the court, on the
    31  record or in writing, only after notice of the facts  and  circumstances
    32  of  such  alleged  non-compliance,  reasonable  under the circumstances,
    33  affording the principal and the principal's attorney and the  people  an
    34  opportunity to present relevant, admissible evidence, relevant witnesses
    35  and  to  cross-examine  witnesses, and a finding by clear and convincing
    36  evidence that the principal violated a condition of release in an impor-
    37  tant respect. Following such a finding, in determining whether to impose
    38  additional conditions for non-compliance, the court shall  consider  and
    39  may  select  conditions consistent with the court's obligation to impose
    40  [the least restrictive] a condition or conditions that  will  reasonably
    41  assure  the  defendant's return to court. The court shall explain on the
    42  record or in writing the reasons  for  its  determination  and  for  any
    43  changes to the conditions imposed.
    44    (b)  The  specific  method of electronic monitoring of the principal's
    45  location must be approved by the court. It must be [the  least  restric-
    46  tive] a procedure and method that will reasonably assure the principal's
    47  return to court, and unobtrusive to the greatest extent practicable.
    48    § 4. This act shall take effect on the first of November next succeed-
    49  ing the date upon which it shall have become a law.
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