senate Bill S6539

2011-2012 Legislative Session

Relates to determinations of applications for recognizance or bail

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate 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 (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Mar 22, 2012 advanced to third reading
Mar 21, 2012 2nd report cal.
Mar 20, 2012 1st report cal.427
Feb 23, 2012 referred to codes

S6539 - Details

Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง510.30, CP L

S6539 - Summary

Amends provisions relating to proceedings for the determination of applications for recognizance or bail based upon the dangerousness of the defendant.

S6539 - Sponsor Memo

S6539 - Bill Text download pdf

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

                                  6539

                            I N  S E N A T E

                            February 23, 2012
                               ___________

Introduced  by  Sen.  SALAND -- 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  determi-
  nations of applications for recognizance or bail

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

  Section 1. Paragraph (b) of subdivision 2 of  section  510.30  of  the
criminal  procedure  law is relettered paragraph (c) and a new paragraph
(b) is added to read as follows:
  (B) (I) WITH RESPECT TO ANY PRINCIPAL, THE DISTRICT ATTORNEY MAY MOVE,
BASED ON DANGEROUSNESS, FOR A SECURING ORDER REMANDING  A  PRINCIPAL  TO
THE  CUSTODY  OF  THE  SHERIFF; OR AN ORDER RELEASING THE PRINCIPAL UPON
FIXING OF BAIL WITH CERTAIN CONDITIONS AS SET FORTH IN  THIS  PARAGRAPH;
OR  AN ORDER RELEASING THE PRINCIPAL ON HIS OR HER OWN RECOGNIZANCE WITH
CONDITIONS AS SET FORTH  IN  THIS  PARAGRAPH,  WHERE  THE  DEFENDANT  IS
CHARGED  WITH:  (1)  A  FELONY  OFFENSE  AN ELEMENT OF WHICH IS THE USE,
ATTEMPTED USE OR THREATENED USE OF PHYSICAL FORCE AGAINST ANOTHER OR ANY
OTHER FELONY THAT, BY ITS NATURE, INVOLVES A SUBSTANTIAL RISK THAT PHYS-
ICAL FORCE AGAINST THE PERSON OF ANOTHER MAY RESULT, WHETHER  OR  NOT  A
PERSON HAS BEEN PLACED AT RISK THEREOF; (2) A VIOLATION OF A COURT ORDER
OR  ORDER  OF PROTECTION ISSUED PURSUANT TO SECTION TWO HUNDRED FORTY OF
THE DOMESTIC RELATIONS LAW, OR SECTION FIVE HUNDRED FIFTY, FIVE  HUNDRED
FIFTY-ONE,  SIX  HUNDRED  FIFTY-FIVE  OR  SIX HUNDRED FIFTY-SEVEN OF THE
FAMILY COURT ACT OR SECTION 530.12 OR 530.13 OF  THIS  CHAPTER;  OR  (3)
CHARGED  WITH  A  VIOLATION  OF  SECTION 265.02, 265.03 OR 265.04 OF THE
PENAL LAW.
  (II) UPON THE FIRST APPEARANCE BEFORE THE COURT OF A DEFENDANT CHARGED
WITH AN OFFENSE LISTED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE  COURT
SHALL  HOLD A HEARING AND DETERMINE WHETHER (1) A SECURING ORDER REMAND-
ING THE DEFENDANT TO THE CUSTODY OF THE SHERIFF  IS  NECESSARY,  OR  (2)
WHETHER  TO  ISSUE  AN  ORDER  RELEASING THE DEFENDANT ON HIS OR HER OWN
RECOGNIZANCE, OR (3) FIXING BAIL WITH THE CONDITIONS  OF  SUCH  RECOGNI-
ZANCE OR BAIL AS SET FORTH HEREIN.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13959-02-2

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