Provides for the immediate enforcement of securing orders through issuance of a bench warrant when a defendant fails to appear for a scheduled appearance; removes 48 hour notice requirement.
STATE OF NEW YORK
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3836
2021-2022 Regular Sessions
IN SENATE
January 31, 2021
___________
Introduced by Sens. SERINO, JORDAN, ORTT -- 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 immediate
enforcement of securing orders
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 510.50 of the criminal procedure law, as amended by
2 section 9 of part JJJ of chapter 59 of the laws of 2019, is amended to
3 read as follows:
4 § 510.50 Enforcement of securing order.
5 [1.] When the attendance of a principal confined in the custody of the
6 sheriff is required at the criminal action or proceeding at a particular
7 time and place, the court may compel such attendance by directing the
8 sheriff to produce the principal at such time and place. If the princi-
9 pal is at liberty on the principal's own recognizance or non-monetary
10 conditions or on bail, the principal's attendance may be achieved or
11 compelled by various methods, including notification and the issuance of
12 a bench warrant, prescribed by law in provisions governing such matters
13 with respect to the particular kind of action or proceeding involved.
14 [2. Except when the principal is charged with a new crime while at
15 liberty, absent relevant, credible evidence demonstrating that a princi-
16 pal's failure to appear for a scheduled court appearance was willful,
17 the court, prior to issuing a bench warrant for a failure to appear for
18 a scheduled court appearance, shall provide at least forty-eight hours
19 notice to the principal or the principal's counsel that the principal is
20 required to appear, in order to give the principal an opportunity to
21 appear voluntarily.]
22 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01256-01-1
