senate Bill S3480

2009-2010 Legislative Session

Relates to the power of courts to deny orders of recognizance or bail where the defendant poses a risk of danger to the community

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to codes
Mar 19, 2009 referred to codes

Co-Sponsors

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S3480 (ACTIVE) - Details

See Assembly Version of this Bill:
A7139
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง530.20, 530.30, 530.40, 530.45, 530.50 & 530.60, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6705
2013-2014: A1809
2015-2016: A3798

S3480 (ACTIVE) - Summary

Authorizes and directs courts to deny orders of recognizance or bail where the defendant poses a risk of danger to the community.

S3480 (ACTIVE) - Sponsor Memo

S3480 (ACTIVE) - Bill Text download pdf

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

                                  3480

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 19, 2009
                               ___________

Introduced by Sens. VOLKER, O. JOHNSON, MORAHAN, PADAVAN, SEWARD -- 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  orders  of
  bail or recognizance

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

  Section 1. Paragraph (a) of subdivision 2 of  section  530.20  of  the
criminal  procedure  law, as amended by chapter 531 of the laws of 1975,
is amended to read as follows:
  (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) it appears that the defendant has  two  previous  felony
convictions,  OR  (III)  IT  APPEARS  THAT THE DEFENDANT POSES A RISK OF
DANGER TO THE COMMUNITY;
  S 2. Subdivision 2 of section 530.30 of the criminal procedure law, as
amended by chapter 762 of the laws  of  1971,  is  amended  to  read  as
follows:
  2.    Notwithstanding  the  provisions  of  subdivision  one, when the
defendant is charged with a felony in a local criminal court, a superior
court judge may not order recognizance or  bail  unless  and  until  the
district  attorney  has had an opportunity to be heard in the matter and
such judge has been furnished with a report as described in subparagraph
(ii) of paragraph (b) of subdivision  two  of  section  530.20,  AND  IT
APPEARS THAT THE DEFENDANT POSES NO RISK OF DANGER TO THE COMMUNITY.
  S 3. 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 SUBDIVISIONS ONE AND TWO, A SUPE-
RIOR COURT MAY NOT ORDER RECOGNIZANCE OR BAIL WHEN THE DEFENDANT POSES A
RISK OF DANGER TO THE COMMUNITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09340-01-9

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