Allows courts to consider whether a principal poses a current physical danger to the safety of any crime victim, person or the community when determining bail.
STATE OF NEW YORK
________________________________________________________________________
1402
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. BUTTENSCHON, JONES, STERN, THIELE, WALLACE, WOER-
NER -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to allowing the
courts to consider a principal's threat to public safety when deter-
mining bail
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 1 of subpart C of part
3 UU of chapter 56 of the laws of 2022, 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, in accordance with this title, by a securing order
7 release the principal on the principal's own recognizance, release the
8 principal under non-monetary conditions, or, where authorized, fix bail
9 or commit the principal to the custody of the sheriff. In all such
10 cases, except where another type of securing order is shown to be
11 required by law, the court shall release the principal pending trial on
12 the principal's own recognizance, unless it is demonstrated and the
13 court makes an individualized determination that the principal poses a
14 risk of flight to avoid prosecution or such principal poses a current
15 physical danger to the safety of any crime victim, person or the commu-
16 nity. If such a finding is made, the court must select the least
17 restrictive alternative and condition or conditions that will reasonably
18 assure the principal's return to court. The court shall explain its
19 choice of release, release with conditions, bail or remand on the record
20 or in writing. In making its determination, the court must consider and
21 take into account available information about the principal, including:
22 § 2. The opening paragraph of paragraph (a) of subdivision 1 of
23 section 530.20 of the criminal procedure law, as amended by section 3 of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04737-01-3
A. 1402 2
1 subpart C of part UU of chapter 56 of the laws of 2022, is amended to
2 read as follows:
3 In cases other than as described in paragraph (b) of this subdivision
4 the court shall release the principal pending trial on the principal's
5 own recognizance, unless the court finds on the record or in writing
6 that release on the principal's own recognizance will not reasonably
7 assure the principal's return to court. In such instances, the court
8 shall release the principal under non-monetary conditions, selecting the
9 least restrictive alternative and conditions that will reasonably assure
10 the principal's return to court or such principal poses a current phys-
11 ical danger to the safety of any crime victim, person or the community.
12 The court shall explain its choice of alternative and conditions on the
13 record or in writing. In making its determination, the court must
14 consider and take into account available information about the princi-
15 pal, including:
16 § 3. The opening paragraph of subdivision 3 of section 530.40 of the
17 criminal procedure law, as amended by section 3 of subpart B of part UU
18 of chapter 56 of the laws of 2022, is amended to read as follows:
19 In cases other than as described in subdivision four of this section
20 the court shall release the principal pending trial on the principal's
21 own recognizance, unless the court finds on the record or in writing
22 that release on the principal's own recognizance will not reasonably
23 assure the principal's return to court or such principal poses a current
24 physical danger to the safety of any crime victim, person or the commu-
25 nity. In such instances, the court shall release the principal under
26 non-monetary conditions, selecting the least restrictive alternative and
27 conditions that will reasonably assure the principal's return to court.
28 The court shall explain its choice of alternative and conditions on the
29 record or in writing. In making its determination, the court must
30 consider and take into account available information about the princi-
31 pal, including:
32 § 4. This act shall take effect immediately.
