Assembly Bill A9506

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

                                  9506

                          I N  A S S E M B L Y

                              March 7, 2012
                               ___________

Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the criminal procedure law, in relation to  establishing
  the  detective  Peter Figoski act of 2012 including the risk to public
  safety as a factor in bail determinations

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "detective Peter Figoski act of 2012".
  S 2. Subdivisions 2 and 3 of section 510.30 of the criminal  procedure
law,  subparagraph  (v)  of paragraph (a) of subdivision 2 as amended by
chapter 920 of the laws of 1982, subparagraphs (vi), (vii) and (viii) of
paragraph (a) of subdivision 2 as renumbered by chapter 447 of the  laws
of  1977  and subdivision 3 as added by chapter 788 of the laws of 1981,
are amended to read as follows:
  2.  To the extent that the issuance of an  order  of  recognizance  or
bail and the terms thereof are matters of discretion rather than of law,
an  application  is determined on the basis of the following factors and
criteria:
  (a)  With respect to any principal, the court  [must]  SHALL  consider
the  kind  and  degree  of  control  or restriction that is necessary to
secure his OR HER court attendance when required.   In determining  that
matter,  the court must, on the basis of available information, consider
and take into account:
  (i) The principal's character, reputation, habits  and  mental  condi-
tion;
  (ii) His OR HER employment and financial resources; and
  (iii) His OR HER family ties and the length of his OR HER residence if
any in the community; and
  (iv) His OR HER criminal record if any; and
  (v)  His  OR  HER record of previous adjudication as a juvenile delin-
quent, as retained pursuant to section 354.2 of the  family  court  act,
or, of pending cases where fingerprints are retained pursuant to section
306.1 of such act, or a youthful offender, if any; and

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

                                                           LBD14055-03-2

A. 9506                             2

  (vi)  His OR HER previous record if any in responding to court appear-
ances when required or with respect to flight to avoid  criminal  prose-
cution; and
  (vii)  If he OR SHE is a defendant, the weight of the evidence against
him OR HER in the pending criminal action and any other factor  indicat-
ing  probability  or  improbability of conviction; or, in the case of an
application for bail or recognizance pending appeal, the merit  or  lack
of merit of the appeal; and
  (viii)  If  he OR SHE is a defendant, the sentence which may be or has
been imposed upon conviction; AND
  (IX) IF HE OR SHE IS A DEFENDANT (A) WHO HAS PREVIOUSLY BEEN CONVICTED
OF A VIOLENT FELONY, AS DEFINED IN SECTION 70.02 OF THE  PENAL  LAW,  OR
(B)  CHARGED  WITH ANY FELONY OFFENSE AND HE OR SHE HAS FAILED TO APPEAR
IN COURT IN THE PAST WHEN CHARGED WITH A FELONY,
  THE COURT MAY CONSIDER WHETHER  THE  NATURE  AND  SERIOUSNESS  OF  THE
DANGER TO ANY PERSON OR THE COMMUNITY THAT WOULD BE POSED BY THE DEFEND-
ANT'S RELEASE REQUIRES THE PREVENTIVE DETENTION OF THAT DEFENDANT.
  (b)   Where the principal is a defendant-appellant in a pending appeal
from a judgment of conviction, the court must also consider the  likeli-
hood  of  ultimate  reversal of the judgment.   A determination that the
appeal is palpably without merit alone justifies, but does not  require,
a  denial  of the application, regardless of any determination made with
respect to the factors specified in paragraph (a) OF THIS SUBDIVISION.
  3. When bail or recognizance is ordered, the court  shall  inform  the
principal,  if he OR SHE is a defendant charged with the commission of a
felony, that the release is conditional and that the  court  may  revoke
the  order  of  release  and  commit the principal to the custody of the
sheriff in accordance with the provisions of subdivision two of  section
530.60 of this chapter if he OR SHE commits a subsequent felony while at
liberty upon such order.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.