assembly Bill A4559

2011-2012 Legislative Session

Provides for denial of recognizance or bail in certain cases

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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
May 24, 2011 held for consideration in codes
Feb 04, 2011 referred to codes

Co-Sponsors

Multi-Sponsors

A4559 (ACTIVE) - Details

See Senate Version of this Bill:
S4799
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง500.10, 510.20, 510.30, 530.10, 530.20, 530.30 & 530.40, CP L
Versions Introduced in 2009-2010 Legislative Session:
A3898, S2608

A4559 (ACTIVE) - Summary

Defines the crimes that would lead a defendant to be categorized as a "person who must be committed to the custody of the sheriff" and as such would not be eligible for release on recognizance or bail except in line with certain mitigating circumstances; sets out procedures for above.

A4559 (ACTIVE) - Bill Text download pdf

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

                                  4559

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

Introduced  by  M.  of A. RAIA -- Multi-Sponsored by -- M. of A. FITZPA-
  TRICK, McDONOUGH, J. MILLER, TEDISCO -- read once and referred to  the
  Committee on Codes

AN  ACT  to  amend  the criminal procedure law, in relation to denial of
  recognizance or bail in certain cases

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

  Section 1. Section 500.10 of the criminal procedure law is  amended by
adding a new subdivision 21 to read as follows:
  21. "PERSON WHO MUST BE COMMITTED TO THE CUSTODY OF THE SHERIFF" MEANS
A PERSON WHO:
  (A)  IS  CHARGED BY FELONY COMPLAINT OR INDICTMENT WITH ONE OR MORE OF
THE FOLLOWING CRIMES. MURDER IN THE FIRST DEGREE, MURDER IN  THE  SECOND
DEGREE,  ARSON  IN  THE FIRST DEGREE, ARSON IN THE SECOND DEGREE, AGGRA-
VATED ASSAULT UPON A POLICE OFFICER OR A PEACE OFFICER, CRIMINAL USE  OF
A  FIREARM  IN THE FIRST DEGREE, CRIMINAL USE OF A FIREARM IN THE SECOND
DEGREE, RAPE IN THE FIRST DEGREE, SODOMY IN THE FIRST DEGREE, ATTEMPT TO
COMMIT ANY OF THE FOREGOING CRIMES, MANSLAUGHTER IN  THE  FIRST  DEGREE,
ROBBERY  IN  THE  FIRST DEGREE, BURGLARY IN THE FIRST DEGREE, ROBBERY IN
THE SECOND DEGREE AS DEFINED BY SUBDIVISION TWO OF SECTION 160.10 OF THE
PENAL LAW, OR BURGLARY IN THE SECOND DEGREE AS  DEFINED  BY  SUBDIVISION
ONE OF SECTION 140.25 OF THE PENAL LAW; AND
  (B)  EITHER  (I)  PREVIOUSLY  HAS BEEN CONVICTED OF ONE OR MORE OF THE
CRIMES SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION, OR (II) PREVIOUS-
LY HAS BEEN CONVICTED OF ANY  FELONY  IN  THIS  STATE,  OR  ANY  OFFENSE
COMMITTED IN ANOTHER JURISDICTION THAT WOULD BE A FELONY IF COMMITTED IN
THIS  STATE, PROVIDED SUCH CRIME WAS COMMITTED WITHIN FIVE YEARS PRECED-
ING THE DATE THE CRIME FOR WHICH A SECURING  ORDER  IS  TO  BE  MADE  IS
ALLEGED  TO  HAVE  BEEN  COMMITTED,  OR  (III) IS SUBJECT TO AN ORDER OF
RECOGNIZANCE OR BAIL MADE BY A COURT OF THIS  STATE  IN  THE  COURSE  OF
ANOTHER  CRIMINAL  ACTION  BASED UPON A CHARGE OF FELONY, OR HAD ESCAPED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06616-01-1

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