senate Bill S4799

2011-2012 Legislative Session

Provides for denial of recognizance or bail in certain cases

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Codes 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
Apr 25, 2011 referred to codes

S4799 (ACTIVE) - Details

See Assembly Version of this Bill:
A4559
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§500.10, 510.20, 510.30, 530.10, 530.20, 530.30 & 530.40, CP L
Versions Introduced in 2009-2010 Legislative Session:
S2608, A3898

S4799 (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.

S4799 (ACTIVE) - Sponsor Memo

S4799 (ACTIVE) - Bill Text download pdf

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

                                  4799

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 25, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed 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
FROM A DETENTION FACILITY IN THIS STATE, AND THE CRIME PRESENTLY CHARGED

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

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