|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to codes|
|Apr 25, 2011||referred to codes|
senate Bill S4799
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4799 (ACTIVE) - Details
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
BILL NUMBER:S4799 TITLE OF BILL: An act to amend the criminal procedure law, in relation to denial of recognizance or bail in certain cases PURPOSE OR GENERAL IDEA OF BILL: This bill would seek to curtail pretrial release on recognizance or bail of persons charged with crimes of violence who have certain prior felony convictions or who are charged with committing a crime of violence while at liberty on recognizance or bail for another felony. This bill would prohibit the release of persons charged with dangerous felonies where their prior involvement with the criminal justice system furnishes ample evidence of the fact that the present charge is not an isolated incident of serious involvement. In effect, it would strike at the core of one of the most serious threats to public safety today: the failure to recognize public safety as a criterion in deciding pretrial release matters. SUMMARY OF SPECIFIC PROVISIONS: This bill amends the recognizance and bail articles of the criminal Procedure Law. It adds a new definition, "person who must be committed to the custody of the Sheriff", to establish the criteria
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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