STATE OF NEW YORK
________________________________________________________________________
6861
2019-2020 Regular Sessions
IN SENATE
November 20, 2019
___________
Introduced by Sen. TEDISCO -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the criminal procedure law, in relation to setting bail
for defendants who 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. Subdivision 1 of section 510.10 of the criminal procedure
2 law, as amended by section 2 of part JJJ of chapter 59 of the laws of
3 2019, is amended to read as follows:
4 1. When a principal, whose future court attendance at a criminal
5 action or proceeding is or may be required, comes under the control of a
6 court, such court shall, in accordance with this title, by a securing
7 order release the principal on the principal's own recognizance, release
8 the principal under non-monetary conditions, or, where authorized, fix
9 bail 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[. If such a finding is made, the
15 court must select the least restrictive alternative and condition or
16 conditions that will reasonably assure the principal's return to court]
17 or it is demonstrated and the court makes an individualized determi-
18 nation based on the principal's record of a prior felony conviction, a
19 failure to appear in court or if the principal is arrested during the
20 interim period while awaiting a preliminary hearing or trial. The court
21 shall explain its choice of release, release with conditions, bail or
22 remand on the record or in writing.
23 § 2. This act shall take effect on the same date and in the same
24 manner as section 2 of part JJJ of chapter 59 of the laws of 2019, takes
25 effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14237-02-9