STATE OF NEW YORK
________________________________________________________________________
3761
2021-2022 Regular Sessions
IN ASSEMBLY
January 28, 2021
___________
Introduced by M. of A. SCHMITT, M. MILLER -- read once and referred to
the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to offenses for
which a court may fix bail or commit a principal to custody of the
sheriff
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 3 of section 510.10 of the criminal
2 procedure law, subdivision 1 as amended and subdivision 3 as added by
3 section 2 of part JJJ of chapter 59 of the laws of 2019, are amended to
4 read as follows:
5 1. When a principal, whose future court attendance at a criminal
6 action or proceeding is or may be required, comes under the control of a
7 court, such court shall, in accordance with this title, by a securing
8 order release the principal on the principal's own recognizance, release
9 the principal under non-monetary conditions, or, where authorized, fix
10 bail or commit the principal to the custody of the sheriff. In all such
11 cases, except where another type of securing order is shown to be
12 required by law, the court shall release the principal pending trial on
13 the principal's own recognizance, unless it is demonstrated and the
14 court makes an individualized determination that: (a) the principal
15 poses a risk of flight to avoid prosecution; or (b) that the principal
16 has been designated a sex offender under article six-C of the correction
17 law. If such a finding is made, the court must select the least restric-
18 tive alternative and condition or conditions that will reasonably assure
19 the principal's return to court. The court shall explain its choice of
20 release, release with conditions, bail or remand on the record or in
21 writing.
22 3. In cases other than as described in subdivision four of this
23 section the court shall release the principal pending trial on the prin-
24 cipal's own recognizance, unless the court finds on the record or in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04713-01-1
A. 3761 2
1 writing that: (a) release on the principal's own recognizance will not
2 reasonably assure the principal's return to court; or (b) that the prin-
3 cipal has been designated a sex offender under article six-C of the
4 correction law. In such instances, the court shall release the principal
5 under non-monetary conditions, selecting the least restrictive alterna-
6 tive and conditions that will reasonably assure the principal's return
7 to court; provided, however, where the principal has been designated a
8 sex offender under article six-C of the correction law, the court may in
9 its discretion fix bail or commit the principal to the custody of the
10 sheriff. The court shall explain its [choice of alternative] determi-
11 nation and conditions on the record or in writing.
12 § 2. Paragraph (a) of subdivision 1 of section 530.20 of the criminal
13 procedure law, as added by section 16 of part JJJ of chapter 59 of the
14 laws of 2019, is amended to read as follows:
15 (a) In cases other than as described in paragraph (b) of this subdivi-
16 sion the court shall release the principal pending trial on the princi-
17 pal's own recognizance, unless the court finds on the record or in writ-
18 ing that: (a) release on the principal's own recognizance will not
19 reasonably assure the principal's return to court; or (b) that the prin-
20 cipal has been designated a sex offender under article six-C of the
21 correction law. In such instances, the court shall release the principal
22 under non-monetary conditions, selecting the least restrictive alterna-
23 tive and conditions that will reasonably assure the principal's return
24 to court; provided, however, where the principal has been designated a
25 sex offender under article six-C of the correction law, the court may in
26 its discretion fix bail or commit the principal to the custody of the
27 sheriff. The court shall explain its [choice of alternative] determi-
28 nation and conditions on the record or in writing.
29 § 3. Subdivision 3 of section 530.40 of the criminal procedure law, as
30 amended by section 18 of part JJJ of chapter 59 of the laws of 2019, is
31 amended to read as follows:
32 3. In cases other than as described in subdivision four of this
33 section the court shall release the principal pending trial on the prin-
34 cipal's own recognizance, unless the court finds on the record or in
35 writing that: (a) release on the principal's own recognizance will not
36 reasonably assure the principal's return to court; or (b) that the prin-
37 cipal has been designated a sex offender under article six-C of the
38 correction law. In such instances, the court shall release the principal
39 under non-monetary conditions, selecting the least restrictive alterna-
40 tive and conditions that will reasonably assure the principal's return
41 to court; however, where the principal has been designated a sex offen-
42 der under article six-C of the correction law, the court may in its
43 discretion fix bail or commit the principal to the custody of the sher-
44 iff. The court shall explain its [choice of alternative] determination
45 and conditions on the record or in writing.
46 § 4. This act shall take effect on the thirtieth day after it shall
47 have become a law.