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Assembly Bill A5013

2011-2012 Legislative Session

Permits district attorneys to appeal bail decisions

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Archive: Last Bill Status - Stricken

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2011-A5013 (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง530.30, CP L
Versions Introduced in 2009-2010 Legislative Session:
A5731

2011-A5013 (ACTIVE) - Summary

Provides that where a criminal action is pending in a local criminal court or a superior court, the district attorney upon motion, may seek an order from the Appellate Division of the Department in which the action is pending to fix bail whenever he determines the amount of bail as fixed is inadequate or disproportionate.

2011-A5013 (ACTIVE) - Bill Text download pdf 

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

                                  5013

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2011
                               ___________

Introduced by M. of A. HAYES, FINCH, KOLB -- Multi-Sponsored by -- M. of
  A. JORDAN, RABBITT -- read once and referred to the Committee on Codes

AN  ACT  to  amend the criminal procedure law, in relation to permitting
  appeals of bail decisions by the district attorney

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

  Section 1.  Section 530.30 of the criminal procedure law is amended by
adding a new subdivision 2-a to read as follows:
  2-A.  IN ANY CASE WHERE A CRIMINAL ACTION IS PENDING IN A LOCAL CRIMI-
NAL COURT OR A SUPERIOR COURT, THE DISTRICT ATTORNEY UPON MOTION TO  THE
APPELLATE  DIVISION OF THE DEPARTMENT IN WHICH THE ACTION IS PENDING MAY
SEEK AN ORDER TO FIX BAIL IN  A  MORE  APPROPRIATE  AMOUNT  WHENEVER  HE
DETERMINES  THAT  THE AMOUNT OF THE BAIL AS FIXED IS UNREASONABLY INADE-
QUATE OR UNDULY DISPROPORTIONATE BASED ON ALL THE CIRCUMSTANCES.
  S 2.   This act shall take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08724-01-1

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