Assembly Bill A10137A

2017-2018 Legislative Session

Relates to the issuance of securing orders and makes conforming changes related thereto

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2017-A10137 - Details

Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd CP L, generally
Versions Introduced in Other Legislative Sessions:
2019-2020: A6276
2021-2022: A5984
2023-2024: A2571

2017-A10137 - Summary

Relates to the issuance of securing orders and makes conforming changes related thereto; release under non-monetary conditions; electronic monitoring; requires a rehearing after five days in custody for certain principals.

2017-A10137 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10137
 
                           I N  A S S E M B L Y
 
                              March 16, 2018
                                ___________
 
 Introduced by M. of A. WALKER, LENTOL, ROZIC, RYAN, SEAWRIGHT, SEPULVEDA
   -- read once and referred to the Committee on Codes
 
 AN  ACT to amend the criminal procedure law, in relation to the issuance
   of securing orders and in relation to making conforming changes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 1, 2, 4, 5, 6, 7, 8 and 9 of section 500.10 of
 the  criminal  procedure  law  are  amended and a new subdivision 3-a is
 added to read as follows:
   1. "Principal" means a defendant in a criminal action  or  proceeding,
 or  a person adjudged a material witness therein, or any other person so
 involved therein that [he] THE PRINCIPAL may  by  law  be  compelled  to
 appear  before  a  court  for  the purpose of having such court exercise
 control over [his] THE PRINCIPAL'S person to secure  [his]  THE  PRINCI-
 PAL'S  future  attendance at the action or proceeding when required, and
 who in fact either is before the court for  such  purpose  or  has  been
 before it and been subjected to such control.
   2.  "Release  on  own  recognizance."  A court releases a principal on
 [his] THE PRINCIPAL'S own recognizance  when,  having  acquired  control
 over  [his] THE PRINCIPAL'S person, it permits [him] THE PRINCIPAL to be
 at liberty during the pendency of  the  criminal  action  or  proceeding
 involved  upon  condition  that  [he]  THE PRINCIPAL will appear thereat
 whenever [his] THE PRINCIPAL'S attendance may be required  and  will  at
 all  times  render  [himself]  THE  PRINCIPAL amenable to the orders and
 processes of the court.
   3-A. "RELEASE UNDER NON-MONETARY CONDITIONS." A COURT RELEASES A PRIN-
 CIPAL UNDER NON-MONETARY CONDITIONS WHEN, HAVING ACQUIRED CONTROL OVER A
 PERSON, IT AUTHORIZES THE PERSON TO BE AT LIBERTY DURING THE PENDENCY OF
 THE CRIMINAL ACTION OR PROCEEDING INVOLVED UNDER CONDITIONS  ORDERED  BY
 THE  COURT,  WHICH  SHALL  BE THE LEAST RESTRICTIVE CONDITIONS THAT WILL
 REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT. SUCH  CONDITIONS  MAY
 INCLUDE,  AMONG  OTHER  CONDITIONS  REASONABLE  UNDER THE CIRCUMSTANCES:
 THAT THE PRINCIPAL BE IN CONTACT WITH A PRETRIAL SERVICES AGENCY SERVING
 PRINCIPALS IN THAT COUNTY; THAT THE PRINCIPAL ABIDE BY REASONABLE, SPEC-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2017-A10137A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd CP L, generally
Versions Introduced in Other Legislative Sessions:
2019-2020: A6276
2021-2022: A5984
2023-2024: A2571

2017-A10137A (ACTIVE) - Summary

Relates to the issuance of securing orders and makes conforming changes related thereto; release under non-monetary conditions; electronic monitoring; requires a rehearing after five days in custody for certain principals.

2017-A10137A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10137--A
                                                         Cal. No. 930
 
                           I N  A S S E M B L Y
 
                              March 16, 2018
                                ___________
 
 Introduced  by  M. of A. WALKER, LENTOL, ROZIC, RYAN, SEAWRIGHT, TAYLOR,
   TITUS, PERRY,  ABINANTI,  WEPRIN,  PEOPLES-STOKES  --  read  once  and
   referred  to  the  Committee  on Codes -- reported and referred to the
   Committee on Ways and Means -- advanced to a  third  reading,  amended
   and ordered reprinted, retaining its place on the order of third read-
   ing
 
 AN  ACT to amend the criminal procedure law, in relation to the issuance
   of securing orders and in relation to making conforming changes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 2, 4, 5, 6, 7, 8 and 9 of section 500.10 of
 the  criminal  procedure  law  are  amended and a new subdivision 3-a is
 added to read as follows:
   1. "Principal" means a defendant in a criminal action  or  proceeding,
 or  a person adjudged a material witness therein, or any other person so
 involved therein that [he] THE PRINCIPAL may  by  law  be  compelled  to
 appear  before  a  court  for  the purpose of having such court exercise
 control over [his] THE PRINCIPAL'S person to secure  [his]  THE  PRINCI-
 PAL'S  future  attendance at the action or proceeding when required, and
 who in fact either is before the court for  such  purpose  or  has  been
 before it and been subjected to such control.
   2.  "Release  on  own  recognizance."  A court releases a principal on
 [his] THE PRINCIPAL'S own recognizance  when,  having  acquired  control
 over  [his] THE PRINCIPAL'S person, it permits [him] THE PRINCIPAL to be
 at liberty during the pendency of  the  criminal  action  or  proceeding
 involved  upon  condition  that  [he]  THE PRINCIPAL will appear thereat
 whenever [his] THE PRINCIPAL'S attendance may be required  and  will  at
 all  times  render  [himself]  THE  PRINCIPAL amenable to the orders and
 processes of the court.
   3-A. "RELEASE UNDER NON-MONETARY CONDITIONS." A COURT RELEASES A PRIN-
 CIPAL UNDER NON-MONETARY CONDITIONS WHEN, HAVING ACQUIRED CONTROL OVER A
 PERSON, IT AUTHORIZES THE PERSON TO BE AT LIBERTY DURING THE PENDENCY OF
 THE CRIMINAL ACTION OR PROCEEDING INVOLVED UNDER CONDITIONS  ORDERED  BY
 THE  COURT,  WHICH  SHALL  BE THE LEAST RESTRICTIVE CONDITIONS THAT WILL
 
              

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