STATE OF NEW YORK
________________________________________________________________________
5335
2023-2024 Regular Sessions
IN SENATE
March 2, 2023
___________
Introduced by Sen. CANZONERI-FITZPATRICK -- 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 setting bail
for defendants that pose a threat to public safety
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 it is demonstrated and the court
15 makes an individualized determination that the principal poses a current
16 physical danger to the safety of any crime victim, person or the commu-
17 nity. [If such a finding is made, the court must select the least
18 restrictive alternative and condition or conditions that will reasonably
19 assure the principal's return to court.] The court shall explain its
20 choice of release, release with conditions, bail or remand on the record
21 or in writing. In making its determination, the court must consider and
22 take into account available information about the principal, including:
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08884-01-3