Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to codes |
May 06, 2015 |
referred to codes |
Senate Bill S5167
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
Actions
co-Sponsors
(R, C, IP) Senate District
2015-S5167 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7028
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§510.30, 510.40, 530.20 & 530.40, add §530.42, CP L
- Versions Introduced in 2013-2014 Legislative Session:
-
S4483, A6799
2015-S5167 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5167 TITLE OF BILL: An act to amend the criminal procedure law, in relation to the issuance of securing orders This measure is being introduced at the request of the Chief Judge of the State. This measure would amend the Criminal Procedure Law to reform the State's bail statutes to: (1) require judges, when making bail decisions, to consider public safety as well as the likelihood that defendant will fail to show at his or her required court appearances; and (2) establish a statutory presumption of release where defendants are charged with non-violent offenses and they present no threat to the community or risk of failing to appear on required court dates. New York offers special challenges in achieving bail reform. In almost every other state, judges are required by statute to consider public safety when making a bail determination. In New York, they are not required, or even permitted, to do so. Because of this, defendants in New York are screened for their risk of failure to appear in court - using a range of factors such as ties to the community, criminal record, and past failure to appear - but not for the broader risk that the defendant, if released pending trial, will represent a threat to the safety of the community. As a result, defendants may be put back on the street with insufficient regard for public safety. Few, if any,
2015-S5167 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5167 2015-2016 Regular Sessions I N S E N A T E May 6, 2015 ___________ Introduced by Sen. NOZZOLIO -- (at request of the Office of Court Admin- istration) -- 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 the issuance of securing orders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. The legislature finds and declares that there is a present need to revise New York's procedures regulating release of persons charged with criminal offenses pending trial. These procedures, which are set forth in title P of the criminal procedure law, require criminal courts to issue securing orders releasing such persons on their own recognizance, fixing bail upon the payment of which they must be released from custody, or remanding them to the custody of corrections officials. Experience has shown that these procedures are ill-designed to meet today's community needs. First, New York remains one of very few states nationally that fails to require judges, in making bail decisions, to weigh defendant's threat to public safety. This makes little sense in modern American life where we as a state need to do all we can to be effective and principled in protecting communities from dangerous persons charged with crime who may otherwise be eligible for release pending trial. Second, as many have recognized, New York's bail rules, as applied, can be particularly unfair to poor persons and their fami- lies as bail beyond the financial wherewithal of a criminal defendant is frequently ordered in low-level offenses even where such defendant may pose little risk of flight. Accordingly, this act has two purposes. First, it seeks to recognize what most other state jurisdictions and the federal government have long accepted - that a defendant's danger to the community is a factor that must be considered by a court charged with determining whether that EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07847-01-5
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.