Ensures repeat offenders qualify for bail and pre-trial detention when the principal has been convicted of one or more misdemeanor or felony offenses within the immediate preceding five years.
STATE OF NEW YORK
________________________________________________________________________
6153
2021-2022 Regular Sessions
IN SENATE
April 12, 2021
___________
Introduced by Sen. BOYLE -- 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 ensuring
repeat offenders qualify for bail and pre-trial detention
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph and paragraphs (s) and (t) of subdi-
2 vision 4 of section 510.10 of the criminal procedure law, the opening
3 paragraph as amended and paragraphs (s) and (t) as added by section 2 of
4 part UU of chapter 56 of the laws of 2020, are amended and a new para-
5 graph (u) is added to read as follows:
6 Where the principal stands charged with a qualifying offense, the
7 court, unless otherwise prohibited by law, may in its discretion release
8 the principal pending trial on the principal's own recognizance or under
9 non-monetary conditions, fix bail, or, where the defendant is charged
10 with a qualifying offense [which is a felony], the court may commit the
11 principal to the custody of the sheriff. A principal stands charged with
12 a qualifying offense for the purposes of this subdivision when he or she
13 stands charged with:
14 (s) a felony, where the defendant qualifies for sentencing on such
15 charge as a persistent felony offender pursuant to section 70.10 of the
16 penal law; [or]
17 (t) any felony or class A misdemeanor involving harm to an identifi-
18 able person or property, where such charge arose from conduct occurring
19 while the defendant was released on his or her own recognizance or
20 released under conditions for a separate felony or class A misdemeanor
21 involving harm to an identifiable person or property, provided, however,
22 that the prosecutor must show reasonable cause to believe that the
23 defendant committed the instant crime and any underlying crime. For the
24 purposes of this subparagraph, any of the underlying crimes need not be
25 a qualifying offense as defined in this subdivision[.]; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10639-01-1
S. 6153 2
1 (u) a misdemeanor or felony offense and the principal has been
2 convicted of one or more misdemeanor or felony offenses within the imme-
3 diate preceding five years.
4 § 2. The opening paragraph and subparagraphs (xix) and (xx) of para-
5 graph (b) of subdivision 1 of section 530.20 of the criminal procedure
6 law, as amended by section 3 of part UU of chapter 56 of the laws of
7 2020, are amended and a new subparagraph (xxi) is added to read as
8 follows:
9 Where the principal stands charged with a qualifying offense, the
10 court, unless otherwise prohibited by law, may in its discretion release
11 the principal pending trial on the principal's own recognizance or under
12 non-monetary conditions, fix bail, or, where the defendant is charged
13 with a qualifying offense [which is a felony], the court may commit the
14 principal to the custody of the sheriff. The court shall explain its
15 choice of release, release with conditions, bail or remand on the record
16 or in writing. A principal stands charged with a qualifying offense when
17 he or she stands charged with:
18 (xix) a felony, where the defendant qualifies for sentencing on such
19 charge as a persistent felony offender pursuant to section 70.10 of the
20 penal law; [or]
21 (xx) any felony or class A misdemeanor involving harm to an identifi-
22 able person or property, where such charge arose from conduct occurring
23 while the defendant was released on his or her own recognizance or
24 released under conditions for a separate felony or class A misdemeanor
25 involving harm to an identifiable person or property, provided, however,
26 that the prosecutor must show reasonable cause to believe that the
27 defendant committed the instant crime and any underlying crime. For the
28 purposes of this subparagraph, any of the underlying crimes need not be
29 a qualifying offense as defined in this subdivision[.]; or
30 (xxi) a misdemeanor or felony offense and the principal has been
31 convicted of one or more misdemeanor or felony offenses within the imme-
32 diate preceding five years.
33 § 3. The opening paragraph and paragraphs (s) and (t) of subdivision 4
34 of section 530.40 of the criminal procedure law, the opening paragraph
35 as amended and paragraphs (s) and (t) as added by section 4 of part UU
36 of chapter 56 of the laws of 2020, are amended and a new paragraph (u)
37 is added to read as follows:
38 Where the principal stands charged with a qualifying offense, the
39 court, unless otherwise prohibited by law, may in its discretion release
40 the principal pending trial on the principal's own recognizance or under
41 non-monetary conditions, fix bail, or, where the defendant is charged
42 with a qualifying offense [which is a felony], the court may commit the
43 principal to the custody of the sheriff. The court shall explain its
44 choice of release, release with conditions, bail or remand on the record
45 or in writing. A principal stands charged with a qualifying offense for
46 the purposes of this subdivision when he or she stands charged with:
47 (s) a felony, where the defendant qualifies for sentencing on such
48 charge as a persistent felony offender pursuant to section 70.10 of the
49 penal law; [or]
50 (t) any felony or class A misdemeanor involving harm to an identifi-
51 able person or property, where such charge arose from conduct occurring
52 while the defendant was released on his or her own recognizance or
53 released under conditions for a separate felony or class A misdemeanor
54 involving harm to an identifiable person or property, provided, however,
55 that the prosecutor must show reasonable cause to believe that the
56 defendant committed the instant crime and any underlying crime. For the
S. 6153 3
1 purposes of this subparagraph, any of the underlying crimes need not be
2 a qualifying offense as defined in this subdivision[.]; or
3 (u) a misdemeanor or felony offense and the principal has been
4 convicted of one or more misdemeanor or felony offenses within the imme-
5 diate preceding five years.
6 § 4. This act shall take effect January 1, 2022.