Adds a defendant's identifiable ties to the community, state, and/or county to judges' considerations of whether to fix a securing order, including residence, employment, enrollment with an educational institution, and immediate family.
STATE OF NEW YORK
________________________________________________________________________
7067
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 adding a
defendant's identifiable ties to the community, state, and/or county
to judges' considerations of whether to fix a securing order
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (i) and (j) of subdivision 1 of section 510.10
2 of the criminal procedure law, as added by section 1 of subpart C of
3 part UU of chapter 56 of the laws of 2022, are amended and a new para-
4 graph (k) is added to read as follows:
5 (i) Whether the charge is alleged to have caused serious harm to an
6 individual or group of individuals; [and]
7 (j) If the principal is a defendant, in the case of an application for
8 a securing order pending appeal, the merit or lack of merit of the
9 appeal[.]; and
10 (k) If the principal is a defendant, whether the principal has two or
11 more identifiable ties to the community, state, and/or county, includ-
12 ing, but not limited to:
13 (i) residence;
14 (ii) employment;
15 (iii) enrollment with an educational institution;
16 (iv) immediate family.
17 § 2. Paragraphs (i) and (j) of subdivision 1 of section 510.30 of the
18 criminal procedure law, as amended by section 2 of subpart C of part UU
19 of chapter 56 of the laws of 2022, are amended and a new paragraph (k)
20 is added to read as follows:
21 (i) whether the charge is alleged to have caused serious harm to an
22 individual or group of individuals; [and]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11016-01-3
A. 7067 2
1 (j) If the principal is a defendant, in the case of an application for
2 a securing order pending appeal, the merit or lack of merit of the
3 appeal[.]; and
4 (k) If the principal is a defendant, whether the principal has two or
5 more identifiable ties to the community, state, and/or county, includ-
6 ing, but not limited to:
7 (i) residence;
8 (ii) employment;
9 (iii) enrollment with an educational institution;
10 (iv) immediate family.
11 § 3. Subparagraphs (ix) and (x) of paragraph (a) of subdivision 1 of
12 section 530.20 of the criminal procedure law, as amended by section 3 of
13 subpart C of part UU of chapter 56 of the laws of 2022, are amended and
14 a new subparagraph (xi) is added to read as follows:
15 (ix) whether the charge is alleged to have caused serious harm to an
16 individual or group of individuals; [and]
17 (x) if the principal is a defendant, in the case of an application for
18 a securing order pending appeal, the merit or lack of merit of the
19 appeal[.]; and
20 (xi) if the principal is a defendant, whether the principal has two or
21 more identifiable ties to the community, state, and/or county, includ-
22 ing, but not limited to:
23 (1) residence;
24 (2) employment;
25 (3) enrollment with an educational institution;
26 (4) immediate family.
27 § 4. Paragraphs (i) and (j) of subdivision 3 of section 530.40 of the
28 criminal procedure law, as added by section 3 of subpart B of part UU of
29 chapter 56 of the laws of 2022, are amended and a new paragraph (k) is
30 added to read as follows:
31 (i) whether the charge is alleged to have caused serious harm to an
32 individual or group of individuals; [and]
33 (j) if the principal is a defendant, in the case of an application for
34 a securing order pending appeal, the merit or lack of merit of the
35 appeal[.]; and
36 (k) if the principal is a defendant, whether the principal has two or
37 more identifiable ties to the community, state, and/or county, includ-
38 ing, but not limited to:
39 (i) residence;
40 (ii) employment;
41 (iii) enrollment with an educational institution;
42 (iv) immediate family.
43 § 5. This act shall take effect on the first of November next succeed-
44 ing the date on which it shall have become a law.
