senate Bill S2326

Permits district attorneys to appeal bail decisions

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 18 / Feb / 2009
    • REFERRED TO CODES
  • 06 / Jan / 2010
    • REFERRED TO CODES

Summary

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Bill Details

See Assembly Version of this Bill:
A5731
Versions:
S2326
Legislative Cycle:
2009-2010
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law

Sponsor Memo

BILL NUMBER: S2326

TITLE OF BILL :
An act to amend the criminal procedure law, in relation to permitting
appeals of bail decisions by the district attorney


PURPOSE :
To give prosecutors the right to seek judicial review in cases they
feel bail has been set too low.

SUMMARY OF PROVISIONS :
An amendment adding a new subdivision 2-a to section 530.30 of the
criminal procedure law to allow the District Attorney recourse to the
Appellate Division to contest the setting of low bail.

JUSTIFICATION :
Under current law, a defendant who feels his bail is too high has the
right to apply for a modification of his bail. This legislation does
not alter a defendant's rights. Rather it creates an analogous right
to seek reconsideration by the District Attorney, acting on behalf of
society, who feels that bail is too low.

LEGISLATIVE HISTORY :
S.3044/A/39 of 2007-08; S.2976/A.6774 of 2005-06; S.2364/A.5259 of
2003-04, S.5772 of 2001-02, S.1901 of 1999-2000, S.3974 of 1997-98,
S.2093/A.3156 of 95/96, S.123 of 93/94, S.180 of 1992/93.

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
This act shall take effect on the first day of November next
succeeding the date on which it shall have become law.
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