Provides for the ability of a court to set bail where the principal stands charged for the third time for the same offense within a period of two years.
STATE OF NEW YORK
________________________________________________________________________
8026
2023-2024 Regular Sessions
IN ASSEMBLY
September 13, 2023
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to providing for
the ability of a court to set bail for repeat offenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 510.10 of the criminal procedure
2 law, as amended by section 2 of subpart A of part VV of chapter 56 of
3 the laws of 2023, is amended and a new subdivision 3-a is added to read
4 as follows:
5 3. In cases other than as described in subdivision three-a or four of
6 this section, the court shall release the principal pending trial on the
7 principal's own recognizance, unless the court finds on the record or in
8 writing that release on the principal's own recognizance will not
9 reasonably assure the principal's return to court. In such instances,
10 the court shall release the principal under non-monetary conditions as
11 provided for in subdivision three-a of section 500.10 of this title that
12 will reasonably assure the principal's return to court. The court shall
13 explain its choice of securing order on the record or in writing.
14 3-a. In cases other than as described in subdivision four of this
15 section, where the principal stands charged for the third time for the
16 same offense within a period of two years, the court, unless otherwise
17 prohibited by law, may in its discretion release the principal pending
18 trial on the principal's own recognizance or under non-monetary condi-
19 tions, fix bail, or order non-monetary conditions in conjunction with
20 fixing bail, or, where the defendant is charged with an offense which is
21 a felony, the court may commit the principal to the custody of the sher-
22 iff.
23 § 2. Paragraph (a) of subdivision 1 of section 530.20 of the criminal
24 procedure law, as amended by section 6 of subpart A of part VV of chap-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11881-01-3
A. 8026 2
1 ter 56 of the laws of 2023, is amended and a new paragraph (a-1) is
2 added to read as follows:
3 (a) In cases other than as described in paragraph (a-1) or (b) of this
4 subdivision, the court shall release the principal pending trial on the
5 principal's own recognizance or release the principal pending trial
6 under non-monetary conditions, the determination for which shall be made
7 in accordance with subdivision one of section 510.10 of this title. The
8 court shall explain the basis for its determination and choice of secur-
9 ing order on the record or in writing.
10 (a-1) In cases other than as described in paragraph (b) of this subdi-
11 vision, where the principal stands charged for the third time for the
12 same offense within a period of two years, the court, unless otherwise
13 prohibited by law, may in its discretion release the principal pending
14 trial on the principal's own recognizance or under non-monetary condi-
15 tions, fix bail, or order non-monetary conditions in conjunction with
16 fixing bail, or, where the defendant is charged with an offense which is
17 a felony, the court may commit the principal to the custody of the sher-
18 iff.
19 § 3. Subdivision 3 of section 530.40 of the criminal procedure law, as
20 amended by section 8 of subpart A of part VV of chapter 56 of the laws
21 of 2023, is amended and a new subdivision 3-a is added to read as
22 follows:
23 3. In cases other than as described in subdivision three-a or four of
24 this section the court shall release the principal pending trial on the
25 principal's own recognizance or release the principal pending trial
26 under non-monetary conditions, the determination for which shall be made
27 in accordance with section 510.10 of this title. The court shall explain
28 the basis for its determination and choice of securing order on the
29 record or in writing.
30 3-a. In cases other than as described in subdivision four of this
31 section, where the principal stands charged for the third time for the
32 same offense within a period of two years, the court, unless otherwise
33 prohibited by law, may in its discretion release the principal pending
34 trial on the principal's own recognizance or under non-monetary condi-
35 tions, fix bail, or order non-monetary conditions in conjunction with
36 fixing bail, or, where the defendant is charged with an offense which is
37 a felony, the court may commit the principal to the custody of the sher-
38 iff.
39 § 4. This act shall take effect on the thirtieth day after it shall
40 have become a law.