Requires the court to make an individualized determination whether a defendant poses a current physical threat to any person or to public safety when making a bail determination.
STATE OF NEW YORK
________________________________________________________________________
236
2025-2026 Regular Sessions
IN SENATE(Prefiled)
January 8, 2025
___________
Introduced by Sens. CANZONERI-FITZPATRICK, BORRELLO, MARTINS, MATTERA,
MURRAY, OBERACKER, PALUMBO, RHOADS, STEC, WEBER -- 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 setting bail
for defendants that pose a threat to public safety
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 of section 510.10 of
2 the criminal procedure law, as amended by section 2 of subpart A of part
3 VV of chapter 56 of the laws of 2023, is amended to read as follows:
4 When a principal, whose future court attendance at a criminal action
5 or proceeding is or may be required, comes under the control of a court,
6 such court shall impose a securing order in accordance with this title.
7 Except as otherwise required by law, the court shall make an individual-
8 ized determination as to whether the principal poses a current physical
9 danger to the safety of any crime victim, person or the community and
10 make an individualized determination as to whether the principal poses a
11 risk of flight to avoid prosecution[,]. The court shall consider the
12 kind and degree of control or restriction necessary to reasonably assure
13 the principal's return to court and the safety of any crime victim,
14 person or the community, and select a securing order consistent with its
15 determination under this subdivision. The court shall explain the basis
16 for its determination and its choice of securing order on the record or
17 in writing. In making a determination under this subdivision, the court
18 must consider and take into account available information about the
19 principal, including:
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00915-01-5
