Directs courts to exonerate bail and order recognizance when no grand jury action has occurred for 45 days from arraignment, unless the people show good cause otherwise.
STATE OF NEW YORK
________________________________________________________________________
4305--A
2009-2010 Regular Sessions
IN SENATE
April 21, 2009
___________
Introduced by Sens. SCHNEIDERMAN, MONSERRATE -- read twice and ordered
printed, and when printed to be committed to the Committee on Codes --
recommitted to the Committee on Codes in accordance with Senate Rule
6, sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the criminal procedure law, in relation to exoneration
of bail
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 530.20 of the criminal procedure law is amended by
2 adding a new subdivision 3 to read as follows:
3 3. When a local criminal court has, in accordance with this section,
4 ordered bail with respect to a defendant charged by felony complaint,
5 and the defendant is subsequently at liberty in the action following the
6 posting of bail, such court shall upon application of the defendant,
7 exonerate bail and order recognizance when, at the time of the defend-
8 ant's application therefor, the felony complaint has been pending in
9 such local criminal court, with no action of the grand jury, for a peri-
10 od of at least forty-five days from the date of the defendant's arraign-
11 ment thereon; provided, however, that the court may deny such applica-
12 tion where the people show good cause why bail should not be exonerated.
13 § 2. Section 530.40 of the criminal procedure law is amended by adding
14 a new subdivision 5 to read as follows:
15 5. Notwithstanding the provisions of subdivision two of this section,
16 where a defendant charged by felony complaint is at liberty in the
17 action following the posting of bail, the court shall upon application
18 of the defendant, exonerate bail and order recognizance when, at the
19 time of the defendant's application therefor, such felony complaint has
20 been pending, with no action of the grand jury, for a period of at least
21 forty-five days from the date of the defendant's arraignment thereon;
22 provided, however, that the court may deny such application where the
23 people show good cause why bail should not be exonerated.
24 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07586-02-0
