assembly Bill A3608

2011-2012 Legislative Session

Directs courts to exonerate bail and order recognizance when no grand jury action has occurred for 45 days from arraignment, unless the people show good cause

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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 04, 2012 referred to codes
Jan 26, 2011 referred to codes

Co-Sponsors

Multi-Sponsors

A3608 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง530.20 & 530.40, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5542
2013-2014: A3349
2015-2016: A4209
2017-2018: A4658
2019-2020: A4956

A3608 (ACTIVE) - Summary

Directs courts to exonerate bail and order recognizance when no grand jury action has occurred for 45 days from arraignment, unless the people show good cause otherwise.

A3608 (ACTIVE) - Bill Text download pdf

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

                                  3608

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2011
                               ___________

Introduced  by  M. of A. TITUS, COOK, O'DONNELL, CLARK, WRIGHT -- Multi-
  Sponsored by -- M. of A. GOTTFRIED, JAFFEE, JEFFRIES, PERRY, ZEBROWSKI
  -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation  to  exoneration
  of bail

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

  Section 1. Section 530.20 of the criminal procedure law is amended  by
adding a new subdivision 3 to read as follows:
  3.  WHEN  A LOCAL CRIMINAL COURT HAS, IN ACCORDANCE WITH THIS SECTION,
ORDERED BAIL WITH RESPECT TO A DEFENDANT CHARGED  BY  FELONY  COMPLAINT,
AND THE DEFENDANT IS SUBSEQUENTLY AT LIBERTY IN THE ACTION FOLLOWING THE
POSTING  OF  BAIL,  SUCH  COURT SHALL UPON APPLICATION OF THE DEFENDANT,
EXONERATE BAIL AND ORDER RECOGNIZANCE WHEN, AT THE TIME OF  THE  DEFEND-
ANT'S  APPLICATION  THEREFOR,  THE  FELONY COMPLAINT HAS BEEN PENDING IN
SUCH LOCAL CRIMINAL COURT, WITH NO ACTION OF THE GRAND JURY, FOR A PERI-
OD OF AT LEAST FORTY-FIVE DAYS FROM THE DATE OF THE DEFENDANT'S ARRAIGN-
MENT THEREON; PROVIDED, HOWEVER, THAT THE COURT MAY DENY  SUCH  APPLICA-
TION WHERE THE PEOPLE SHOW GOOD CAUSE WHY BAIL SHOULD NOT BE EXONERATED.
  S 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,
WHERE A DEFENDANT CHARGED BY FELONY  COMPLAINT  IS  AT  LIBERTY  IN  THE
ACTION  FOLLOWING  THE POSTING OF BAIL, THE COURT SHALL UPON APPLICATION
OF THE DEFENDANT, EXONERATE BAIL AND ORDER  RECOGNIZANCE  WHEN,  AT  THE
TIME  OF THE DEFENDANT'S APPLICATION THEREFOR, SUCH FELONY COMPLAINT HAS
BEEN PENDING, WITH NO ACTION OF THE GRAND JURY, FOR A PERIOD OF AT LEAST
FORTY-FIVE DAYS FROM THE DATE OF THE  DEFENDANT'S  ARRAIGNMENT  THEREON;
PROVIDED,  HOWEVER,  THAT  THE COURT MAY DENY SUCH APPLICATION WHERE THE
PEOPLE SHOW GOOD CAUSE WHY BAIL SHOULD NOT BE EXONERATED.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08026-01-1

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