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Assembly Bill A9246

2011-2012 Legislative Session

Permits district attorneys to appeal bail decisions

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Archive: Last Bill Status - In Assembly Committee

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2011-A9246 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง530.30, CP L
Versions Introduced in 2009-2010 Legislative Session:
A5731

2011-A9246 (ACTIVE) - Summary

Provides that where a criminal action is pending in a local criminal court or a superior court, the district attorney upon motion, may seek an order from the Appellate Division of the Department in which the action is pending to fix bail whenever he determines the amount of bail as fixed is inadequate or disproportionate.

2011-A9246 (ACTIVE) - Bill Text download pdf 

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

                                  9246

                          I N  A S S E M B L Y

                            February 9, 2012
                               ___________

Introduced  by  M.  of  A.  WALTER,  CASTELLI, DUPREY, CROUCH, TENNEY --
  Multi-Sponsored by -- M.  of A. J. MILLER -- read once and referred to
  the Committee on Codes

AN ACT to amend the criminal procedure law, in  relation  to  permitting
  appeals of bail decisions by the district attorney

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

  Section 1.  Section 530.30 of the criminal procedure law is amended by
adding a new subdivision 2-a to read as follows:
  2-A. IN ANY CASE WHERE A CRIMINAL ACTION IS PENDING IN A LOCAL  CRIMI-
NAL  COURT OR A SUPERIOR COURT, THE DISTRICT ATTORNEY UPON MOTION TO THE
APPELLATE DIVISION OF THE DEPARTMENT IN WHICH THE ACTION IS PENDING  MAY
SEEK  AN  ORDER  TO  FIX  BAIL  IN A MORE APPROPRIATE AMOUNT WHENEVER HE
DETERMINES THAT THE AMOUNT OF THE BAIL AS FIXED IS  UNREASONABLY  INADE-
QUATE OR UNDULY DISPROPORTIONATE BASED ON ALL THE CIRCUMSTANCES.
  S  2.    This  act  shall  take  effect  on the first of November next
succeeding the date on which it shall have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08724-01-1

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