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

                                  2142

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. SIMOTAS, SIMANOWITZ -- read once and referred to
  the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to  establishing
  the  detective  Peter Figoski act of 2013 including the risk to public
  safety as a factor in bail determinations

  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
the "detective Peter Figoski act of 2013".
  S 2. Subdivisions 2 and 3 of section 510.30 of the criminal  procedure
law,  subparagraph  (v)  of paragraph (a) of subdivision 2 as amended by
chapter 920 of the laws of 1982, subparagraph (vi) of paragraph  (a)  of
subdivision 2 as renumbered by chapter 447 of the laws of 1977, subpara-
graph  (vii) as added and subparagraphs (viii) and (ix) as renumbered by
section 1 of part D of chapter 491 of the laws of 2012, and  subdivision
3  as  added  by chapter 788 of the laws of 1981, are amended to read as
follows:
  2. To the extent that the issuance of an order of recognizance or bail
and the terms thereof are matters of discretion rather than of  law,  an
application  is  determined  on  the  basis of the following factors and
criteria:
  (a) With respect to any principal, the court [must] SHALL consider the
kind and degree of control or restriction that is  necessary  to  secure
his  OR  HER court attendance when required. 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;
  (ii) His OR HER employment and financial resources; and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03634-01-3
              

A. 2142                             2

  (iii) His OR HER family ties and the length of his 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; and
  (vii)  Where the principal is charged with a crime or crimes against a
member or members of the same  family  or  household  as  that  term  is
defined  in subdivision one of section 530.11 of this title, the follow-
ing factors:
  (A) any violation by the principal of an order of protection issued by
any court for the protection of a member or members of the  same  family
or  household  as  that  term  is  defined in subdivision one of section
530.11 of this title,  whether  or  not  such  order  of  protection  is
currently in effect; and
  (B) the principal's history of use or possession of a firearm; and
  (viii) 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
application  for  bail or recognizance pending appeal, the merit or lack
of merit of the appeal; and
  (ix) If he OR SHE is a defendant, the sentence which  may  be  or  has
been imposed upon conviction[.]; AND
  (X)  IF HE OR SHE IS A DEFENDANT (A) WHO HAS PREVIOUSLY BEEN CONVICTED
OF A VIOLENT FELONY, AS DEFINED IN SECTION 70.02 OF THE  PENAL  LAW,  OR
(B)  CHARGED  WITH ANY FELONY OFFENSE AND HE OR SHE HAS FAILED TO APPEAR
IN COURT IN THE PAST WHEN CHARGED WITH A FELONY,
  THE COURT MAY CONSIDER WHETHER  THE  NATURE  AND  SERIOUSNESS  OF  THE
DANGER TO ANY PERSON OR THE COMMUNITY THAT WOULD BE POSED BY THE DEFEND-
ANT'S RELEASE REQUIRES THE PREVENTIVE DETENTION OF THE DEFENDANT.
  (b)   Where the principal is a defendant-appellant in a pending appeal
from a judgment of conviction, the court must also consider the  likeli-
hood  of  ultimate  reversal of the judgment.   A determination that the
appeal is palpably without merit alone justifies, but does not  require,
a  denial  of the application, regardless of any determination made with
respect to the factors specified in paragraph (a) OF THIS SUBDIVISION.
  3. When bail or recognizance is ordered, the court  shall  inform  the
principal,  if he OR SHE is a defendant charged with the commission of a
felony, that the release is conditional and that the  court  may  revoke
the  order  of  release  and  commit the principal to the custody of the
sheriff in accordance with the provisions of subdivision two of  section
530.60 of this chapter if he OR SHE commits a subsequent felony while at
liberty upon such order.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.