NY State Senate Bill 2009-S2608

Archive: Last Bill Status - In Senate Committee Finance 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 08, 2010	reported and committed to finance
May 03, 2010	notice of committee consideration - requested
Jan 06, 2010	referred to codes
Feb 25, 2009	referred to codes

Votes

- Jun 8, 2010 - Codes Committee Vote
  S2608
  
  10
  
  Aye
  
  1
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jun 8, 2010
      
      aye (10)
      
      Bonacic
      
      Breslin
      
      Flanagan
      
      Golden
      
      Huntley
      
      Klein
      
      Lanza
      
      Saland
      
      Sampson
      
      Volker
      
      nay (1)
      
      Parker
      
      aye wr (5)
      
      DeFrancisco
      
      Duane
      
      Perkins
      
      Schneiderman
      
      Squadron

co-Sponsors

View additional co-sponsors

2009-S2608 (ACTIVE) - Details

See Assembly Version of this Bill:: A3898
Current Committee:: Senate Finance
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:: S4799, A4559

2009-S2608 (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-S2608 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2608

 TITLE OF BILL :
An act to amend the criminal procedure law, in relation to denial of
recognizance or bail in certain cases

 PURPOSE OR GENERAL IDEA OF BILL :
This bill would seek to curtail pretrial release on recognizance or
bail of persons charged with crimes of violence who have certain prior
felony convictions or who are charged with committing a crime of
violence while at liberty on recognizance or bail for another felony.

This bill would prohibit the release of persons charged with dangerous
felonies where their prior involvement with the criminal justice
system furnishes ample evidence of the fact that the present charge is
not an isolated incident of serious involvement In effect, it would
strike at the core of one of the most serious threats to public safety
today: the failure to recognize public safety as a criterion in
deciding pretrial release matters.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill amends the recognizance and bail articles of the Criminal
Procedure Law. It adds a new definition, "person who must be committed
to the custody of the sheriff", to establish the criteria for
prohibition of bail or recognizance.

These criteria consist of two basic factors: (1) a crime of violence;
and (2) prior serious involvement with the criminal justice system.

The crimes covered are as follows:

* Murder first or second degree
* Kidnapping first or second degree * Arson first or second degree
* Aggravated assault upon a police officer or a peace officer
* Criminal use of a firearm in the first or second degree
* Rape or sodomy first degree
* Robbery or burglary first degree
* Robbery or burglary second degree (certain cases)
* Manslaughter first degree

The prior involvement criteria are:

* Prior conviction of any of the above
* Prior conviction of any other felony committed within previous five
years
* On recognizance or bail for a felony at time one of the above crimes
was committed

Where these criteria are present a local criminal court cannot grant
release on bail or recognizance. A defendant may, however, apply to a
county court judge or supreme court justice who will have the
authority to consider granting release if he finds one or more of the
following factors:

* Mitigating circumstances that bear directly upon the manner in which
the crime was committed
* No serious harm was cause or threatened
* Where the defendant was not the sole participant in the crime, his
participation was relatively minor

The court would have discretion to conduct a hearing and, if the court
does not grant release, the court would be required to specify the
reason for its decision publicly on the record.

A superior court also would be permitted to consider release of the
defendant if the prosecution fails to adhere to a stepped up timetable
for trial as specified in the new law. Thus, if an opportunity for
trial is not afforded the defendant within sixty days from the date of
arrest, a county or supreme court may grant recognizance or bail in
its discretion in accordance with the criteria it ordinarily would
utilize.  The sixty day period would, of course, be computed after
excluding delays encountered by actions or motions on the part of the
defendant There also is a provision that permits release if the people
do not at any time proceed with due diligence and are unable to show
good cause for such failure, but good cause will not include. shortage
of judicial or nonjudicial personnel or shortage of courtroom
availability. Here too, the court would have the power to take
evidence and the court would be required to specify the reasons for
its decision to release on the public record.

In connection with the above noted stepped up time schedule, it is
relevant to observe that the criteria are not the same as the present
speedy trial ready rule which would remain unchanged by this bill.
That rule (Criminal Procedure Law, §30.30) requires that a defendant
be released on bail or recognizance if the people are not ready for
trial within 90 days, but it does not apply where the reason for delay
is lack of court resources.

 JUSTIFICATION :
Although no precise records are available it is well known that a
substantial portion of crime is attributable to persons with prior
felony convictions and persons who are at liberty on bail or
recognizance awaiting trial on a previous accusation.

Some reports have noted that 80% of all persons convicted of robbery
have at least one prior felony arrest. In addition, one study revealed
that in a given year, more than 2,000 persons arrested in New York
City for new crimes were already wanted under bench warrants issued
for absconding from recognizance or bail granted on a prior felony
charge. This does not include the number arrested for new crimes
before absconder warrants were issued on previous pending cases or the
number who were not yet apprehended.

In cases where studies have been made the results have been
characterized as "startling". In his successful move to have the U.S.
Senate incorporate the concept of "danger to the community" as a
factor in Federal pretrial release, Senator Dole observed
(Congressional Record, 1-23-78,S.282):  "Several academic studies of
the continuing criminal habits of persons granted pretrial release
have revealed startling conclusions. The institute for law and social
research found that 26 percent of all felonies committed in the
District of Columbia were committed by a person on some form of
conditional release, Defendants have rights and those rights should be
jealously guarded. But the public has rights too".

The courts, as well as the public, are looking to the legislature for
an expression of State policy. It is not sufficient or even honorable
to continue to express that policy through ad hoc criticism of
judicial bail decisions which are made without legislative guidance.
Since our highest court has repeatedly indicated that the denial of
bail in a felony case is not unconstitutional, and that the question
of when bail should be granted is a matter left to the Legislature, it
seems clear that public protection requires the Legislature to
squarely face the issue (see  PEOPLE EX REL. SHAPIRO V.  KEEPER OF
CITY PRISON, ET AL  290 NY 393 (1943);  PEOPLE EX REL.  KLEIN V.
KRUGER,  25 NY2d 497 (1969)).

The legislative responsibility must be met. Public safety cries out
for action now.

 PRIOR LEGISLATIVE HISTORY :
1999/00: A.5568 Referred to Codes Committee.
2001/02: A.6295 Referred to Codes Committee.
2003/04: A.5700 Referred to Codes Committee.
2005/06: A.4722 Held for consideration in Codes.
2007:    S.4417 Passed Senate/A.4566 Assembly Codes Cmte.
2008:    S.4417 Senate Codes Cmte/A.4566 Assembly Codes Cmte.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
Additional court parts and ancillary services (prosecutorial and
defense) would be needed to provide more prompt opportunities for
trial. Additional detention space would also have to be made available
in certain places. However, New York City, for example, appears to
have available vacant spaces at the present time that might be used
for detention.

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

2009-S2608 (ACTIVE) - Bill Text download pdf

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

                                  2608

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 25, 2009
                               ___________

Introduced  by  Sens. FLANAGAN, ALESI, GOLDEN, LIBOUS, MAZIARZ, MORAHAN,
  PADAVAN, SEWARD, SKELOS, VOLKER -- 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  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

S. 2608                             2

FROM A DETENTION FACILITY IN THIS STATE, AND THE CRIME PRESENTLY CHARGED
IS  ALLEGED  TO  HAVE  BEEN COMMITTED WHILE THE DEFENDANT WAS AT LIBERTY
PURSUANT TO SUCH ORDER OR AS A RESULT OF SUCH ESCAPE.
  S 2. Section 510.20 of the criminal procedure law is amended by adding
a new subdivision 3 to read as follows:
  3. WHERE IT APPEARS THAT A DEFENDANT IS A PERSON WHO MUST BE COMMITTED
TO  THE  CUSTODY  OF THE SHERIFF AS DEFINED IN SUBDIVISION TWENTY-ONE OF
SECTION 500.10 OF THIS TITLE, THE DEFENDANT MUST BE GIVEN AN OPPORTUNITY
TO BE HEARD FOR THE PURPOSE OF CONTROVERTING  ANY  FACTOR  SPECIFIED  IN
PARAGRAPH  (B)  OF  SUCH SUBDIVISION RELIED UPON TO SUPPORT SUCH APPEAR-
ANCE. IF THE DEFENDANT DOES CONTEST ANY SUCH FACTOR, THE BURDEN OF PROOF
SHALL BE UPON THE PEOPLE TO PROVE THE CONTESTED FACTOR BY  A  PREPONDER-
ANCE OF THE EVIDENCE AND THE COURT MAY RECEIVE ANY RELEVANT EVIDENCE NOT
LEGALLY PRIVILEGED.  FOR THE PURPOSES OF ANY SUCH HEARING THE DATE SHOWN
ON  THE FINGERPRINT REPORT AS THE DATE OF ARREST FOR A PRIOR CRIME SHALL
BE DEEMED PRIMA FACIE EVIDENCE OF THE  DATE  ON  WHICH  THAT  CRIME  WAS
COMMITTED.
  S  3. Subdivision 3 of section 510.30 of the criminal procedure law is
renumbered subdivision 4 and a new subdivision 3 is  added  to  read  as
follows:
  3.  (A)  WHERE AN APPLICATION FOR RECOGNIZANCE OR BAIL HAS BEEN DENIED
SOLELY ON THE GROUND THAT THE DEFENDANT IS A PERSON WHO MUST BE  COMMIT-
TED  TO THE CUSTODY OF THE SHERIFF, AS DEFINED IN SUBDIVISION TWENTY-ONE
OF SECTION 500.10 OF THIS TITLE, AN APPLICATION FOR RECOGNIZANCE OR BAIL
MAY BE GRANTED BY A JUDGE OF A SUPERIOR COURT PURSUANT TO SECTION 530.30
OF THIS CHAPTER IF THE DEFENDANT HAS NOT BEEN INDICTED, OR  PURSUANT  TO
SECTION  530.40  OF  THIS  TITLE IF AN INDICTMENT HAS BEEN FILED, IN ANY
CASE WHERE THE COURT DETERMINES THAT:
  (I) AN ORDER OF RECOGNIZANCE OR BAIL  SHOULD  BE  ISSUED  PURSUANT  TO
SUBDIVISION TWO OF THIS SECTION; AND
  (II)  THE  RELEASE OF THE DEFENDANT IS IN FURTHERANCE OF THE INTERESTS
OF JUSTICE BASED SOLELY UPON ONE OR MORE OF THE FOLLOWING  FACTORS:  (1)
MITIGATING CIRCUMSTANCES THAT BEAR DIRECTLY UPON THE MANNER IN WHICH THE
PRESENT  CRIME  WAS COMMITTED; (2) NO SERIOUS HARM WAS CAUSED OR THREAT-
ENED BY THE PRESENT CRIME; (3) WHERE THE  DEFENDANT  WAS  NOT  THE  SOLE
PARTICIPANT  IN  THE  PRESENT  CRIME,  THE DEFENDANT'S PARTICIPATION WAS
RELATIVELY MINOR, ALTHOUGH NOT SO MINOR AS TO CONSTITUTE  A  DEFENSE  TO
THE PROSECUTION; OR
  (III)  THE  DEFENDANT  HAS  NOT BEEN AFFORDED AN OPPORTUNITY FOR TRIAL
WITHIN SIXTY DAYS FROM THE DATE OF ARREST COMPUTED AFTER  EXCLUDING  THE
NUMBER  OF  DAYS  THE  CRIMINAL  PROCEEDING HAS BEEN DELAYED PURSUANT TO
REQUEST OR CONSENT OR THE CONDITION OF THE DEFENDANT  OR  BY  REASON  OF
MOTIONS MADE OR OTHER ACTION ON THE PART OF THE DEFENDANT; OR
  (IV)  THE PEOPLE HAVE NOT PROCEEDED WITH DUE DILIGENCE AT ANY STAGE OF
THE CRIMINAL ACTION AND THE PEOPLE ARE UNABLE TO  SHOW  GOOD  CAUSE  FOR
SUCH  FAILURE TO PROCEED, BUT GOOD CAUSE FOR THE PURPOSE OF SUCH SHOWING
SHALL NOT INCLUDE THE LACK OF JUDICIAL OR NONJUDICIAL PERSONNEL  OR  THE
LACK OF AN AVAILABLE COURTROOM OR ADEQUATE PROSECUTORIAL STAFF.
  (B)  IF THE COURT DETERMINES TO GRANT AN ORDER OF RECOGNIZANCE OR BAIL
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, IT  SHALL  STATE  ON  THE
RECORD  THE  FACTORS UPON WHICH ITS DETERMINATION IS BASED AND THE COURT
SHALL GIVE ITS REASONS IN DETAIL, NOT IN CONCLUSORY TERMS.
  (C) FOR THE PURPOSE OF MAKING A DETERMINATION  PURSUANT  TO  PARAGRAPH
(A)  OF  THIS  SUBDIVISION,  THE COURT MAY MAKE SUCH INQUIRY AS IT DEEMS
NECESSARY. ANY EVIDENCE WHICH IS NOT LEGALLY PRIVILEGED  MAY  BE  INTRO-
DUCED.  IF  THE  DEFENDANT  TESTIFIES,  HIS  OR HER TESTIMONY MAY NOT BE

S. 2608                             3

INTRODUCED AGAINST HIM OR HER ON THE TRIAL OF ANY CRIME ARISING  OUT  OF
THE  CRIMINAL TRANSACTION UPON WHICH THE PENDING CHARGE IS BASED, EXCEPT
TO IMPEACH HIS OR HER TESTIMONY AT SUCH TRIAL AS INCONSISTENT WITH PRIOR
TESTIMONY.
  S  4.  Section 530.10 of the criminal procedure law is amended to read
as follows:
S 530.10 Order of recognizance or bail; in general.
  Under circumstances prescribed in this article, a court, upon applica-
tion of a defendant charged with or convicted of an offense, is required
or authorized to order OR TO DENY bail or recognizance for  the  release
or prospective release of such defendant during the pendency of either:
  1. A criminal action based upon such charge; or
  2. An appeal taken by the defendant from a judgment of conviction or a
sentence  or  from an order of an intermediate appellate court affirming
or modifying a judgment of conviction or a sentence.
  S 5. Section 530.20 of the criminal procedure law, as amended by chap-
ter 531 of the laws of 1975,  subparagraph  (ii)  of  paragraph  (b)  of
subdivision  2 as amended by chapter 218 of the laws of 1979, is amended
to read as follows:
S 530.20 Order of recognizance or bail; by  local  criminal  court  when
           action is pending therein.
  When  a  criminal  action  is  pending in a local criminal court, such
court, upon application of a defendant, must or may  order  recognizance
or bail as follows:
  1.  When the defendant is charged, by information, simplified informa-
tion, prosecutor's information or misdemeanor complaint, with an offense
or  offenses of less than felony grade only, the court must order recog-
nizance or bail.
  2.  When the defendant is charged, by felony complaint, with a felony,
the court may, in its discretion, order OR  DENY  recognizance  or  bail
except as otherwise provided in this subdivision:
  (a)    A  city  court,  a  town court or a village court may not order
recognizance or bail when (i) the defendant is charged with  a  class  A
felony,  or  (ii)  THE DEFENDANT IS CHARGED WITH THE CRIME OF AGGRAVATED
ASSAULT UPON A POLICE OFFICER OR A PEACE OFFICER, OR  (III)  it  appears
that the defendant has two previous felony convictions;
  (b)  NO  LOCAL  CRIMINAL  COURT MAY ORDER RECOGNIZANCE OR BAIL WHEN IT
APPEARS THAT THE DEFENDANT IS A PERSON WHO  MUST  BE  COMMITTED  TO  THE
CUSTODY  OF  THE SHERIFF AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION
500.10 OF THIS TITLE.
  (C) No local criminal  court  may  order  recognizance  or  bail  with
respect to a defendant charged with a felony unless and until:
  (i)    The  district  attorney  has been heard in the matter or, after
knowledge or notice of the application and reasonable opportunity to  be
heard,  has  failed  to appear at the proceeding or has otherwise waived
his right to do so; and
  (ii)  The court has been furnished with a report of  the  division  of
criminal  justice services concerning the defendant's criminal record if
any or with a police department report with respect to  the  defendant's
prior  arrest  record.   If neither report is available, the court, with
the consent of the district attorney, may dispense  with  this  require-
ment; provided, however, that in an emergency, including but not limited
to  a  substantial  impairment in the ability of such division or police
department to timely furnish such report,  such  consent  shall  not  be
required if, for reasons stated on the record, the court deems it unnec-
essary.    When  the  court  has  been furnished with any such report or

S. 2608                             4

record, it shall furnish a copy thereof to counsel for the defendant or,
if the defendant is not represented by counsel, to the defendant.
  3.  WHERE A LOCAL CRIMINAL COURT LACKS AUTHORITY TO ORDER RECOGNIZANCE
OR BAIL BY REASON OF THE FACT THAT IT APPEARS THE DEFENDANT IS A  PERSON
WHO  MUST  BE  COMMITTED  TO  THE  CUSTODY OF THE SHERIFF, AS DEFINED IN
SUBDIVISION TWENTY-ONE OF SECTION 500.10 OF THIS TITLE AND AFTER A HEAR-
ING FINDS THERE IS REASONABLE CAUSE TO BELIEVE THE DEFENDANT COMMITTED A
FELONY BUT THERE IS  NOT  REASONABLE  CAUSE  TO  BELIEVE  THE  DEFENDANT
COMMITTED  ONE OF THE CRIMES SPECIFIED IN PARAGRAPH (A) OF SUCH SUBDIVI-
SION, THE COURT SHALL CONVERT THE FELONY COMPLAINT INTO  ONE  THAT  DOES
NOT  CHARGE  A  CRIME  SPECIFIED IN SUCH PARAGRAPH BY MAKING APPROPRIATE
NOTATIONS UPON OR ATTACHED THERETO AND THE COURT  MAY  THEN  PROCEED  TO
DETERMINE AN APPLICATION FOR BAIL OR RECOGNIZANCE IN THE SAME MANNER AND
IN  ACCORDANCE  WITH  THE  SAME  CRITERIA  AS IT WOULD WITH RESPECT TO A
DEFENDANT OTHER THAN ONE WHO MUST BE COMMITTED TO  THE  CUSTODY  OF  THE
SHERIFF.
  S  6.  Section  530.30 of the criminal procedure law, subdivision 2 as
amended by chapter 762 of the laws  of  1971,  is  amended  to  read  as
follows:
S 530.30 Order  of  recognizance  or  bail; by superior court judge when
           action is pending in local criminal court.
  1. [When] EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION,  WHEN
a  criminal  action is pending in a local criminal court, other than one
consisting of a superior court judge sitting as such, a judge of a supe-
rior court holding a term thereof in the county, upon application  of  a
defendant,  may  order  recognizance  or  bail  when such local criminal
court:
  (a)  Lacks authority to issue such an order, pursuant to paragraph (a)
of subdivision two of section 530.20 OF THIS ARTICLE; or
  (b)  Has denied an application for recognizance or bail; or
  (c)  Has fixed bail which is excessive.  In such case,  such  superior
court  judge  may  vacate  the  order  of  such local criminal court and
release the defendant on his own recognizance or fix bail  in  a  lesser
amount or in a less burdensome form.
  2.  WHEN  A  CRIMINAL  ACTION IS PENDING IN A LOCAL CRIMINAL COURT AND
SUCH COURT LACKS AUTHORITY TO ORDER RECOGNIZANCE  OR  BAIL  PURSUANT  TO
PARAGRAPH  (B)  OF  SUBDIVISION TWO OF SECTION 530.20 OF THIS ARTICLE BY
REASON OF THE FACT THAT IT APPEARS THAT THE DEFENDANT IS  A  PERSON  WHO
MUST  BE  COMMITTED TO THE CUSTODY OF THE SHERIFF AS DEFINED IN SUBDIVI-
SION TWENTY-ONE OF SECTION 500.10 OF THIS TITLE, A JUDGE OF  A  SUPERIOR
COURT  HOLDING  A  TERM  THEREOF  IN  THE  COUNTY, UPON APPLICATION OF A
DEFENDANT, MAY ORDER RECOGNIZANCE OR BAIL, BUT ONLY IN  ACCORDANCE  WITH
THE PROVISIONS OF SUBDIVISION THREE OF SECTION 510.30 OF THIS TITLE.
  3.  Notwithstanding  the  provisions of [subdivision] SUBDIVISIONS one
AND TWO OF THIS SECTION, when the defendant is charged with a felony  in
a  local  criminal  court, a superior court judge may not order recogni-
zance or bail unless and until the district attorney has had an opportu-
nity to be heard in the matter and such judge has been furnished with  a
report  as  described  in  subparagraph  (ii)  of paragraph [(b)] (C) of
subdivision two of section 530.20 OF THIS ARTICLE.
  [3] 4.  Not more than one application may be  made  pursuant  to  this
section.
  S 7. Subdivision 4 of section 530.40 of the criminal procedure law, as
amended  by chapter 762 of the laws of 1971, is amended and a new subdi-
vision 5 is added to read as follows:

S. 2608                             5

  4. Notwithstanding the provisions of subdivision two OF THIS  SECTION,
a  superior  court may not order recognizance or bail when the defendant
is charged with a felony unless and until the district attorney has  had
an  opportunity  to  be  heard  in  the  matter  and such court has been
furnished  with  a report as described in subparagraph (ii) of paragraph
[(b)] (C) of subdivision two of section 530.20 OF THIS ARTICLE.
  5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS  SECTION,
A SUPERIOR COURT MAY NOT ORDER RECOGNIZANCE OR BAIL WHEN IT APPEARS THAT
THE  DEFENDANT  IS  A PERSON WHO MUST BE COMMITTED TO THE CUSTODY OF THE
SHERIFF AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION 500.10  OF  THIS
TITLE  UNLESS  IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION THREE OF
SECTION 510.30 OF THIS TITLE.
  S 8. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S2608

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Jun 8, 2010 - Codes Committee Vote

Codes Committee Vote: Jun 8, 2010

co-Sponsors

2009-S2608 (ACTIVE) - Details

2009-S2608 (ACTIVE) - Summary

2009-S2608 (ACTIVE) - Sponsor Memo

2009-S2608 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2608

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

2009-S2608 (ACTIVE) - Details

2009-S2608 (ACTIVE) - Summary

2009-S2608 (ACTIVE) - Sponsor Memo

2009-S2608 (ACTIVE) - Bill Text download pdf

Comments