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Assembly Bill A3865

2015-2016 Legislative Session

Relates to an order of recognizance or bail

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Archive: Last Bill Status - In Assembly Committee

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2015-A3865 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง530.40, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1307
2011-2012: A2976
2013-2014: A2802

2015-A3865 (ACTIVE) - Summary

Allows a superior court to order bail or recognizance for a defendant who has been convicted of a class A-II felony if the defendant is providing, or has agreed to provide material assistance pursuant to paragraph (b) of subdivision 1 of section 65.00 of the penal law.

2015-A3865 (ACTIVE) - Bill Text download pdf 

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

                                  3865

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

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

AN  ACT  to amend the criminal procedure law, in relation to an order of
  recognizance or bail

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

  Section  1.  Subdivision 3 of section 530.40 of the criminal procedure
law, as amended by chapter 264 of the laws of 2003, is amended  to  read
as follows:
  3. Notwithstanding the provisions of subdivision two, a superior court
may  not  order recognizance or bail, or permit a defendant to remain at
liberty pursuant to  an  existing  order,  after  he  OR  SHE  has  been
convicted  of either: (a) a class A felony or (b) any class B or class C
felony defined in article one hundred thirty of the penal law  committed
or  attempted to be committed by a person eighteen years of age or older
against a person less than eighteen years of age.  In  either  case  the
court must commit or remand the defendant to the custody of the sheriff;
PROVIDED, HOWEVER, THAT A SUPERIOR COURT MAY ORDER RECOGNIZANCE OR BAIL,
OR  PERMIT  A  DEFENDANT  TO  REMAIN  AT LIBERTY PURSUANT TO AN EXISTING
ORDER, AFTER THE DEFENDANT HAS BEEN CONVICTED OF A CLASS A-II FELONY, IF
THE DEFENDANT IS PROVIDING, OR HAS AGREED TO PROVIDE,  MATERIAL  ASSIST-
ANCE  PURSUANT  TO  PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 65.00 OF
THE PENAL LAW.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05193-01-5

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