Assembly Bill A10151

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

                                  10151

                          I N  A S S E M B L Y

                               May 9, 2012
                               ___________

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

AN ACT to amend the criminal procedure  law,  in  relation  to  enacting
  criteria controlling determination of grant of recognizance or bail

  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
"Jilly's law".
  S  2. Paragraph (a) of subdivision 2 of section 510.30 of the criminal
procedure law, subparagraph (v) as amended by chapter 920 of the laws of
1982 and subparagraphs (vi), (vii) and (viii) as renumbered  by  chapter
447 of the laws of 1977, is amended to read as follows:
  (a)    With respect to any principal, the court must consider the kind
and degree of control or restriction that is necessary to secure his  OR
HER court attendance when required AND WHETHER THE PRINCIPAL IS A DANGER
TO  THE ALLEGED VICTIM IN A CRIMINAL ACTION, MEMBERS OF THE COMMUNITY OR
TO HIMSELF OR HERSELF.  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, INCLUDING PRIOR THREATS OF OR ATTEMPTS OF SUICIDE; AND
  (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
  (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, OR ANY RECORD OF VIOLATIONS OF COURT ORDERS; 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

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

                                                           LBD01587-01-1

A. 10151                            2

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, ANY HISTORY OR  PATTERN  OF  VIOLENT
ACTS OR THREATS OF VIOLENT ACTS AGAINST THE ALLEGED VICTIM IN A CRIMINAL
ACTION, OR TOWARD OTHERS; AND
  (X)  IF  HE  OR  SHE  IS  A  DEFENDANT,  ANY  RECORD  OF ANY ORDERS OF
PROTECTION THAT WERE PREVIOUSLY ISSUED AGAINST  THE  PRINCIPAL,  OR  ARE
CURRENTLY  IN  EFFECT  AGAINST  THE  PRINCIPAL, INCLUDING RECORDS OF ANY
VIOLATION OF ANY PROTECTION ORDER; AND
  (XI) IF HE OR SHE IS A DEFENDANT, THE VIOLENT NATURE  OF  THE  CHARGED
CRIME AND THE IMPACT OF THE CRIME ON THE ALLEGED VICTIM; AND
  (XII)  ANY  OTHER  FACTOR DEEMED TO BE RELEVANT BY THE COURT UNDER THE
CIRCUMSTANCES OF THE CASE.
  S 3. Section 510.30 of the criminal procedure law is amended by adding
two new subdivisions 4 and 5 to read as follows:
  4. WHERE  THE  PRINCIPAL  IS  A  DEFENDANT,  THE  COURT  MAY,  IN  ITS
DISCRETION AND AFTER CONSIDERATION OF THE FACTORS SPECIFIED IN PARAGRAPH
(A)  OF SUBDIVISION TWO OF THIS SECTION, ORDER THAT THE DEFENDANT SUBMIT
TO THE USE OF AN ELECTRONIC MONITORING DEVICE UNDER THE  SUPERVISION  OF
THE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES WITH THE FURTHER
CONDITION  THAT TAMPERING WITH SUCH MONITOR SHALL CONSTITUTE GROUNDS FOR
REVOCATION OF BAIL.
  5. WHERE  THE  PRINCIPAL  IS  A  DEFENDANT,  THE  COURT  MAY,  IN  ITS
DISCRETION,  DENY  BAIL  IF THERE IS SUBSTANTIAL EVIDENCE TO SUPPORT THE
CHARGE, AND IF THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT THE
DEFENDANT IS NOT REASONABLY LIKELY TO APPEAR IN COURT WHEN  REQUIRED  OR
IS  A  DANGER  TO  THE  ALLEGED  VICTIM,  MEMBERS OF THE COMMUNITY OR TO
HIMSELF OR HERSELF IF RELEASED ON BAIL. IF BAIL  IS  DENIED,  THE  COURT
SHALL PLACE ITS REASONS ON THE RECORD.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.