Assembly Bill A9651

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

                                  9651

                          I N  A S S E M B L Y

                             March 22, 2012
                               ___________

Introduced  by  M.  of  A.  SIMANOWITZ,  SALADINO, P. RIVERA, MONTESANO,
  HIKIND, ROBINSON, COOK, LINARES, TOBACCO,  BENEDETTO,  MAISEL,  GALEF,
  SCHIMEL,  CASTRO,  LOSQUADRO,  LAVINE, LANCMAN, SIMOTAS -- Multi-Spon-
  sored by -- M. of A. ABBATE, ARROYO, BARCLAY, CALHOUN, CERETTO,  CRES-
  PO,  CROUCH, DenDEKKER, JAFFEE, McKEVITT, J. MILLER, ORTIZ, PERRY, RA,
  THIELE, WALTER, WEISENBERG -- read once and referred to the  Committee
  on Codes

AN  ACT  to amend the criminal procedure law, in relation to authorizing
  detention when a defendant presents a clear and convincing  likelihood
  that a defendant would be a danger to society

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

  Section 1. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14099-03-2
              

A. 9651                             2

  (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
  (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, THE COURT MAY CONSIDER  WHETHER  THE
LIKELIHOOD THAT HE OR SHE WOULD BE A DANGER TO SOCIETY, THE COMMUNITY OR
ANY PERSON IF AT LIBERTY DURING THE PENDENCY OF THE ACTION OR PROCEEDING
REQUIRES  THE DETENTION OF THAT DEFENDANT. CLEAR AND CONVINCING EVIDENCE
OF DANGER TO ANY PERSON OR THE  COMMUNITY  SHALL  BE  REQUIRED  FOR  THE
DETENTION OF SUCH 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  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.