Assembly Bill A6688A

2019-2020 Legislative Session

Enacts the Justice for Rachael Act

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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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Bill Amendments

2019-A6688 - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §510.55, CP L
Versions Introduced in Other Legislative Sessions:
2021-2022: A3800
2023-2024: A1945

2019-A6688 - Summary

Enacts the Justice for Rachael Act; creates dangerousness hearings.

2019-A6688 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6688
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 15, 2019
                                ___________
 
 Introduced  by M. of A. BURKE -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, in  relation  to  preventing
   those indicted for murder from being released on recognizance or bail
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited  as  the  "Justice
 for Rachael Act".
   § 2. Section 530.40 of the criminal procedure law is amended by adding
 a new subdivision 5 to read as follows:
   5.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
 A SUPERIOR COURT SHALL NOT ORDER  RECOGNIZANCE  OR  BAIL,  OR  PERMIT  A
 DEFENDANT  TO  REMAIN AT LIBERTY PURSUANT TO AN EXISTING ORDER, AFTER HE
 OR SHE HAS BEEN INDICTED FOR MURDER IN THE SECOND DEGREE  UNDER  SECTION
 125.25  OF  THE PENAL LAW, AGGRAVATED MURDER UNDER SECTION 125.26 OF THE
 PENAL LAW, OR MURDER IN THE FIRST DEGREE UNDER  SECTION  125.27  OF  THE
 PENAL LAW.
   § 3. This act shall take effect on the first of November next succeed-
 ing  the date on which it shall have become a law and shall apply to all
 actions involving persons indicted on and after the  effective  date  of
 this act.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10668-01-9



              

2019-A6688A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §510.55, CP L
Versions Introduced in Other Legislative Sessions:
2021-2022: A3800
2023-2024: A1945

2019-A6688A (ACTIVE) - Summary

Enacts the Justice for Rachael Act; creates dangerousness hearings.

2019-A6688A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6688--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 15, 2019
                                ___________
 
 Introduced  by M. of A. BURKE -- read once and referred to the Committee
   on Codes -- committee discharged, bill amended, ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT to amend the criminal procedure law, in relation to the "Justice
   for Rachael" act

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "Justice
 for Rachael" act.
   § 2. The criminal procedure law is amended by  adding  a  new  section
 510.55 to read as follows:
 § 510.55 PRETRIAL DETENTION; DANGEROUSNESS HEARING.
   1.  WHEN  A  PRINCIPAL,  WHOSE  FUTURE  COURT ATTENDANCE AT A CRIMINAL
 ACTION OR PROCEEDING IS OR MAY BE REQUIRED, COMES UNDER THE CONTROL OF A
 COURT, THE PEOPLE MAY MAKE A MOTION SEEKING PRETRIAL  DETENTION  DUE  TO
 THE  DANGEROUSNESS  OF  THE  PRINCIPAL. THE PEOPLE MAY SEEK THE PRETRIAL
 DETENTION OF A PRINCIPAL:
   (A) CHARGED WITH A FELONY THAT INVOLVES  THE  USE,  ATTEMPTED  USE  OR
 THREATENED  USE  OF  PHYSICAL FORCE AGAINST THE PERSON OF ANOTHER OR ANY
 OTHER FELONY THAT, BY ITS NATURE, INVOLVES A SUBSTANTIAL RISK THAT PHYS-
 ICAL FORCE AGAINST THE PERSON OF ANOTHER MAY RESULT;
   (B) CHARGED WITH A MISDEMEANOR OR FELONY WHICH HAS AS AN  ELEMENT  THE
 VIOLATION OF A COURT ORDER;
   (C)  CHARGED  WITH  A  MISDEMEANOR  OR  FELONY  WHERE  THE  VICTIM WAS
 SUBJECTED TO PHYSICAL, SEXUAL OR  PSYCHOLOGICAL  ABUSE  INFLICTED  BY  A
 MEMBER  OF  THE  SAME  FAMILY  OR  HOUSEHOLD, AS SUCH TERM IS DEFINED IN
 SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE, AS THE APPLICANT;
   (D) CHARGED WITH AN OFFENSE FOR WHICH A MINIMUM TERM OF THREE YEARS OR
 MORE IS PRESCRIBED;
   (E) CHARGED WITH INTIMIDATING A VICTIM OR WITNESS IN THE FIRST  DEGREE
 AS  DEFINED IN SECTION 215.17 OF THE PENAL LAW, INTIMIDATING A VICTIM OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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