S T A T E O F N E W Y O R K
________________________________________________________________________
3349
2013-2014 Regular Sessions
I N A S S E M B L Y
January 24, 2013
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Introduced by M. of A. TITUS, COOK, O'DONNELL, CLARK, WRIGHT -- Multi-
Sponsored by -- M. of A. GOTTFRIED, JAFFEE, PERRY, ZEBROWSKI -- read
once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to exoneration
of bail
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 530.20 of the criminal procedure law is amended by
adding a new subdivision 3 to read as follows:
3. WHEN A LOCAL CRIMINAL COURT HAS, IN ACCORDANCE WITH THIS SECTION,
ORDERED BAIL WITH RESPECT TO A DEFENDANT CHARGED BY FELONY COMPLAINT,
AND THE DEFENDANT IS SUBSEQUENTLY AT LIBERTY IN THE ACTION FOLLOWING THE
POSTING OF BAIL, SUCH COURT SHALL UPON APPLICATION OF THE DEFENDANT,
EXONERATE BAIL AND ORDER RECOGNIZANCE WHEN, AT THE TIME OF THE DEFEND-
ANT'S APPLICATION THEREFOR, THE FELONY COMPLAINT HAS BEEN PENDING IN
SUCH LOCAL CRIMINAL COURT, WITH NO ACTION OF THE GRAND JURY, FOR A PERI-
OD OF AT LEAST FORTY-FIVE DAYS FROM THE DATE OF THE DEFENDANT'S ARRAIGN-
MENT THEREON; PROVIDED, HOWEVER, THAT THE COURT MAY DENY SUCH APPLICA-
TION WHERE THE PEOPLE SHOW GOOD CAUSE WHY BAIL SHOULD NOT BE EXONERATED.
S 2. Section 530.40 of the criminal procedure law is amended by adding
a new subdivision 5 to read as follows:
5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
WHERE A DEFENDANT CHARGED BY FELONY COMPLAINT IS AT LIBERTY IN THE
ACTION FOLLOWING THE POSTING OF BAIL, THE COURT SHALL UPON APPLICATION
OF THE DEFENDANT, EXONERATE BAIL AND ORDER RECOGNIZANCE WHEN, AT THE
TIME OF THE DEFENDANT'S APPLICATION THEREFOR, SUCH FELONY COMPLAINT HAS
BEEN PENDING, WITH NO ACTION OF THE GRAND JURY, FOR A PERIOD OF AT LEAST
FORTY-FIVE DAYS FROM THE DATE OF THE DEFENDANT'S ARRAIGNMENT THEREON;
PROVIDED, HOWEVER, THAT THE COURT MAY DENY SUCH APPLICATION WHERE THE
PEOPLE SHOW GOOD CAUSE WHY BAIL SHOULD NOT BE EXONERATED.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01718-01-3