Assembly Bill A3898

2009-2010 Legislative Session

Provides for denial of recognizance or bail in certain cases

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

multi-Sponsors

2009-A3898 (ACTIVE) - Details

See Senate Version of this Bill:
S2608
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§500.10, 510.20, 510.30, 530.10, 530.20, 530.30 & 530.40, CP L
Versions Introduced in 2011-2012 Legislative Session:
A4559, S4799

2009-A3898 (ACTIVE) - Summary

Defines the crimes that would lead a defendant to be categorized as a "person who must be committed to the custody of the sheriff" and as such would not be eligible for release on recognizance or bail except in line with certain mitigating circumstances; sets out procedures for above.

2009-A3898 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3898

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M.  of A. RAIA, WALKER -- Multi-Sponsored by -- M. of A.
  ERRIGO, FITZPATRICK, McDONOUGH,  MILLER,  TEDISCO  --  read  once  and
  referred to the Committee on Codes

AN  ACT  to  amend  the criminal procedure law, in relation to denial of
  recognizance or bail in certain cases

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 500.10 of the criminal procedure law is  amended by
adding a new subdivision 21 to read as follows:
  21. "PERSON WHO MUST BE COMMITTED TO THE CUSTODY OF THE SHERIFF" MEANS
A PERSON WHO:
  (A)  IS  CHARGED BY FELONY COMPLAINT OR INDICTMENT WITH ONE OR MORE OF
THE FOLLOWING CRIMES. MURDER IN THE FIRST DEGREE, MURDER IN  THE  SECOND
DEGREE,  ARSON  IN  THE FIRST DEGREE, ARSON IN THE SECOND DEGREE, AGGRA-
VATED ASSAULT UPON A POLICE OFFICER OR A PEACE OFFICER, CRIMINAL USE  OF
A  FIREARM  IN THE FIRST DEGREE, CRIMINAL USE OF A FIREARM IN THE SECOND
DEGREE, RAPE IN THE FIRST DEGREE, SODOMY IN THE FIRST DEGREE, ATTEMPT TO
COMMIT ANY OF THE FOREGOING CRIMES, MANSLAUGHTER IN  THE  FIRST  DEGREE,
ROBBERY  IN  THE  FIRST DEGREE, BURGLARY IN THE FIRST DEGREE, ROBBERY IN
THE SECOND DEGREE AS DEFINED BY SUBDIVISION TWO OF SECTION 160.10 OF THE
PENAL LAW, OR BURGLARY IN THE SECOND DEGREE AS  DEFINED  BY  SUBDIVISION
ONE OF SECTION 140.25 OF THE PENAL LAW; AND
  (B)  EITHER  (I)  PREVIOUSLY  HAS BEEN CONVICTED OF ONE OR MORE OF THE
CRIMES SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION, OR (II) PREVIOUS-
LY HAS BEEN CONVICTED OF ANY  FELONY  IN  THIS  STATE,  OR  ANY  OFFENSE
COMMITTED IN ANOTHER JURISDICTION THAT WOULD BE A FELONY IF COMMITTED IN
THIS  STATE, PROVIDED SUCH CRIME WAS COMMITTED WITHIN FIVE YEARS PRECED-
ING THE DATE THE CRIME FOR WHICH A SECURING  ORDER  IS  TO  BE  MADE  IS
ALLEGED  TO  HAVE  BEEN  COMMITTED,  OR  (III) IS SUBJECT TO AN ORDER OF
RECOGNIZANCE OR BAIL MADE BY A COURT OF THIS  STATE  IN  THE  COURSE  OF
ANOTHER  CRIMINAL  ACTION  BASED UPON A CHARGE OF FELONY, OR HAD ESCAPED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06537-01-9
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.