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 |
Senate Bill S6539
2011-2012 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2011-S6539 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd ยง510.30, CP L
2011-S6539 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6539 TITLE OF BILL: An act to amend the criminal procedure law, in relation to determinations of applications for recognizance or bail PURPOSE: The bill protects victims and other persons from dangerous defendants by expanding criminal procedure law section 510.30. The bill requires the court, when determining recognizance or bail in certain cases to consider the potential for dangerousness of the defendant and determine whether there are any conditions of bailor recognizance that would ameliorate such dangerousness of the defendant to victims or other persons. If there are not any such conditions the court must remand the defendant. SUMMARY OF PROVISIONS: Section one re-letters paragraph (b) as paragraph (c) of subdivision 2 of section 510.30 of the criminal procedure law and adds a new paragraph (b) This new paragraph requires the court, when the defendant is charged with certain crimes to hold a hearing to determine whether the defendant is too dangerous to be release from custody during the pendency of a criminal case. In any case where the defendant is charge with a felony offense where
2011-S6539 (ACTIVE) - 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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