senate Bill S4483

2013-2014 Legislative Session

Revises the procedures regulating the release of persons charged with criminal offenses pending trial

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Sponsored By

Archive: Last Bill Status -

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Apr 03, 2013 referred to codes


S4483 - Details

See Assembly Version of this Bill:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§510.30, 510.40, 530.20 & 530.40, add §530.42, CP L

S4483 - Summary

Revises the procedures regulating the release of persons charged with criminal offenses pending trial.

S4483 - Sponsor Memo

S4483 - Bill Text download pdf

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


                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013

Introduced by Sen. NOZZOLIO -- (at request of the Office of Court Admin-
  istration)  --  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 the  issuance
  of securing orders


  Section 1. Legislative findings. The legislature  finds  and  declares
that  there is a present need to revise New York's procedures regulating
release of persons charged with criminal offenses pending  trial.  These
procedures,  which  are  set  forth in title P of the criminal procedure
law, require criminal courts  to issue securing  orders  releasing  such
persons on their own recognizance, fixing bail upon the payment of which
they  must be released from custody, or remanding them to the custody of
corrections officials.
  Experience has shown that these procedures are  ill-designed  to  meet
today's  community needs. First, New York remains one of very few states
nationally that fails to require judges, in making  bail  decisions,  to
weigh  defendant's  threat  to public safety. This makes little sense in
modern American life where we as a state need to do all  we  can  to  be
effective  and  principled  in  protecting  communities  from  dangerous
persons charged with crime who may otherwise  be  eligible  for  release
pending  trial.  Second, as many have recognized, New York's bail rules,
as applied, can be particularly unfair to poor persons and  their  fami-
lies as bail beyond the financial wherewithal of a criminal defendant is
frequently  ordered  in low-level offenses even where such defendant may
pose little risk of flight.
  Accordingly, this act has two purposes. First, it seeks  to  recognize
what most other state jurisdictions and the federal government have long
accepted  -  that a defendant's danger to the community is a factor that
must be considered by a court  charged  with  determining  whether  that

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


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