Assembly Bill A10151

2011-2012 Legislative Session

Enacts "Jilly's law"; adds criteria for determining whether to issue an order of recognizance or bail

download bill text pdf

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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

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2011-A10151 (ACTIVE) - Details

See Senate Version of this Bill:
S259
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง510.30, CP L
Versions Introduced in 2009-2010 Legislative Session:
S1401

2011-A10151 (ACTIVE) - Summary

Enacts "Jilly's law"; adds criteria for determining whether to issue an order of recognizance or bail; grants court discretion to order a defendant on bail to submit to the use of an electronic monitoring device; allows the court to consider any record of violations of court orders

2011-A10151 (ACTIVE) - Bill Text download pdf

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

                                  10151

                          I N  A S S E M B L Y

                               May 9, 2012
                               ___________

Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the criminal procedure  law,  in  relation  to  enacting
  criteria controlling determination of grant of recognizance or bail

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

  Section 1. Short title. This act shall be known and may  be  cited  as
"Jilly's law".
  S  2. Paragraph (a) of subdivision 2 of section 510.30 of the criminal
procedure law, subparagraph (v) as amended by chapter 920 of the laws of
1982 and subparagraphs (vi), (vii) and (viii) as renumbered  by  chapter
447 of the laws of 1977, is amended to read as follows:
  (a)    With respect to any principal, the court must consider the kind
and degree of control or restriction that is necessary to secure his  OR
HER court attendance when required AND WHETHER THE PRINCIPAL IS A DANGER
TO  THE ALLEGED VICTIM IN A CRIMINAL ACTION, MEMBERS OF THE COMMUNITY OR
TO HIMSELF OR HERSELF.  In determining that matter, the court  must,  on
the basis of available information, consider [and take into account]:
  (i)    The principal's character, reputation, habits and mental condi-
tion, INCLUDING PRIOR THREATS OF OR ATTEMPTS OF SUICIDE; AND
  (ii)  His OR HER employment and financial resources; and
  (iii)  His OR HER family ties and the length of his OR  HER  residence
if any in the community; and
  (iv)  His OR HER criminal record if any; and
  (v)    His OR HER record of previous adjudication as a juvenile delin-
quent, as retained pursuant to section 354.2 of the  family  court  act,
or, of pending cases where fingerprints are retained pursuant to section
306.1 of such act, or a youthful offender, if any; and
  (vi)  His OR HER previous record if any in responding to court appear-
ances  when  required or with respect to flight to avoid criminal prose-
cution, OR ANY RECORD OF VIOLATIONS OF COURT ORDERS; and
  (vii)  If he OR SHE is a defendant, the weight of the evidence against
him OR HER in the pending criminal action and any other factor  indicat-
ing  probability  or  improbability of conviction; or, in the case of an

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

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