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A09027 Summary:

BILL NOA09027
 
SAME ASNo Same As
 
SPONSORButtenschon
 
COSPNSRWoerner, Jones, Wallace, Griffin, Schimminger, Abbate, Stern
 
MLTSPNSR
 
Amd 510.10, 530.20 & 530.40, CP L
 
Allows courts to consider whether a principal poses a current physical danger to the safety of any crime victim, person or the community when determining bail.
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A09027 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9027
 
                   IN ASSEMBLY
 
                                    January 10, 2020
                                       ___________
 
        Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
          Committee on Codes
 
        AN ACT to amend the criminal procedure law, in relation to allowing  the
          courts  to  consider a principal's threat to public safety when deter-
          mining bail
 
          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 or such principal poses a current
    15  physical danger to the safety of any crime victim, person or the  commu-
    16  nity.  If  such  a  finding  is  made,  the  court must select the least
    17  restrictive alternative and condition or conditions that will reasonably
    18  assure the principal's return to court.   The court  shall  explain  its
    19  choice of release, release with conditions, bail or remand on the record
    20  or in writing.
    21    §  2. Paragraph (a) of subdivision 1 of section 530.20 of the criminal
    22  procedure law, as added by section 16 of part JJJ of chapter 59  of  the
    23  laws of 2019, is amended to read as follows:
    24    (a) In cases other than as described in paragraph (b) of this subdivi-
    25  sion  the court shall release the principal pending trial on the princi-
    26  pal's own recognizance, unless the court finds on the record or in writ-
    27  ing that release on the principal's own recognizance will not reasonably
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14316-01-9

        A. 9027                             2
 
     1  assure the principal's return to court or such principal poses a current
     2  physical danger to the safety of any crime victim, person or the  commu-
     3  nity.  In  such  instances,  the court shall release the principal under
     4  non-monetary conditions, selecting the least restrictive alternative and
     5  conditions  that will reasonably assure the principal's return to court.
     6  The court shall explain its choice of alternative and conditions on  the
     7  record or in writing.
     8    § 3. Subdivision 3 of section 530.40 of the criminal procedure law, as
     9  amended  by section 18 of part JJJ of chapter 59 of the laws of 2019, is
    10  amended to read as follows:
    11    3. In cases other than  as  described  in  subdivision  four  of  this
    12  section the court shall release the principal pending trial on the prin-
    13  cipal's  own  recognizance,  unless  the court finds on the record or in
    14  writing that release  on  the  principal's  own  recognizance  will  not
    15  reasonably  assure  the  principal's  return  to court or such principal
    16  poses a current physical danger to  the  safety  of  any  crime  victim,
    17  person  or the community. In such instances, the court shall release the
    18  principal under non-monetary conditions, selecting the least restrictive
    19  alternative and conditions that will reasonably assure  the  principal's
    20  return  to  court. The court shall explain its choice of alternative and
    21  conditions on the record or in writing.
    22    § 4. This act shall take effect on the  same  date  and  in  the  same
    23  manner as part JJJ of chapter 59 of the laws of 2019, takes effect.
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