assembly Bill A8551

2015-2016 Legislative Session

Requires an independent pretrial services agent to make recommendations to the court prior to the issuance of a securing order for a criminal defendant

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to codes
Oct 30, 2015 referred to codes

A8551 (ACTIVE) - Details

See Senate Version of this Bill:
S6061
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 505 §§505.10 & 505.15, §530.05, amd §§510.10 & 500.10, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A5033, S3579
2019-2020: A2726, S2101

A8551 (ACTIVE) - Summary

Requires an independent pretrial services agent to interview each criminal defendant and make recommendations to the court prior to the issuance of a securing order for that criminal defendant; prohibits setting bail to secure attendance of a defendant at future court proceedings; establishes a preference for release on the defendant's own recognizance or release subject to conditions established by the court.

A8551 (ACTIVE) - Bill Text download pdf

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

                                  8551

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            October 30, 2015
                               ___________

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

AN ACT to amend the criminal procedure law,  in  relation  to  requiring
  criminal defendants to be interviewed by a pretrial services agent and
  providing  for  the  consideration of recommendations of such agent by
  the court prior to the issuance of securing orders; and establishing a
  presumption of release on own recognizance

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

  Section  1. Section 500.10 of the criminal procedure law is amended by
adding a new subdivision 21 to read as follows:
  21. "PRETRIAL SERVICES AGENT" MEANS AN INDEPENDENT  PRETRIAL  SERVICES
AGENT APPOINTED PURSUANT TO ARTICLE FIVE HUNDRED FIVE OF THIS TITLE.
  S 2. The criminal procedure law is amended by adding a new article 505
to read as follows:
                               ARTICLE 505
                            PRETRIAL SERVICES
SECTION 505.10 INDEPENDENT PRETRIAL SERVICES AGENTS.
        505.15 INTERVIEW OF CRIMINAL DEFENDANTS.
S 505.10 INDEPENDENT PRETRIAL SERVICES AGENTS.
  EACH  COUNTY  AND  EACH  CITY WHICH WHOLLY ENCOMPASSES A COUNTY, SHALL
APPOINT AND PROVIDE COMPENSATION, TO SUCH INDEPENDENT PRETRIAL  SERVICES
AGENTS  AS  SHALL BE NECESSARY TO INTERVIEW AND EVALUATE PERSONS CHARGED
WITH A CRIMINAL OFFENSE IN SUCH COUNTY OR CITY PRIOR  TO  SUCH  PERSONS'
INITIAL  APPEARANCE  IN  COURT  ON  SUCH OFFENSE. THE QUALIFICATIONS AND
PROCESS OF APPOINTMENT OF INDEPENDENT PRETRIAL SERVICES AGENTS SHALL  BE
ESTABLISHED BY RULE OF THE CHIEF ADMINISTRATIVE JUDGE.
S 505.15 INTERVIEW OF CRIMINAL DEFENDANTS.
  1. PRIOR TO THE INITIAL APPEARANCE OF A DEFENDANT IN A CRIMINAL ACTION
BEFORE  A  LOCAL  OR  SUPERIOR  CRIMINAL  COURT, SUCH DEFENDANT SHALL BE
INTERVIEWED AND EVALUATED BY A PRETRIAL SERVICES AGENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13013-03-5

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