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Assembly Bill A8767

2017-2018 Legislative Session

Relates to prohibiting bail when a defendant is charged with a felony sex crime with a minor victim who is a vulnerable person or a person with a disability

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Archive: Last Bill Status - In Assembly Committee

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2017-A8767 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§530.40 & 530.20, CP L
Versions Introduced in 2019-2020 Legislative Session:
A6901

2017-A8767 (ACTIVE) - Summary

Relates to prohibiting bail when a defendant is charged with a felony sex crime with a minor victim who is a vulnerable person or a person with a disability.

2017-A8767 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8767
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 3, 2017
                                ___________
 
 Introduced  by  M.  of A. ORTIZ, ENGLEBRIGHT, SEPULVEDA -- read once and
   referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  prohibiting
   bail  when a defendant is charged with a felony sex crime with a minor
   victim who is a vulnerable person or a person with a disability

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. 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, A SUPERIOR COURT
 MAY NOT ORDER RECOGNIZANCE OR BAIL WHEN THE DEFENDANT IS CHARGED WITH  A
 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  WHO  IS  A  VULNERABLE
 PERSON  OR  A  PERSON  WITH  A  DISABILITY  AS SUCH TERMS ARE DEFINED IN
 SECTION FIVE HUNDRED FIFTY OF THE EXECUTIVE LAW.
   § 2. Paragraph a of subdivision 2 of section 530.20  of  the  criminal
 procedure law, as amended by chapter 531 of the laws of 1975, is amended
 to read as follows:
   (a)    A  city  court,  a  town court or a village court may not order
 recognizance or bail when (i) the defendant is charged with  a  class  A
 felony,  [or] (ii) it appears that the defendant has two previous felony
 convictions[;], OR (III)  THE  DEFENDANT  IS  CHARGED  WITH  ANY  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 WHO IS A VULNERABLE
 PERSON OR A PERSON WITH A  DISABILITY  AS  SUCH  TERMS  ARE  DEFINED  IN
 SECTION FIVE HUNDRED FIFTY OF THE EXECUTIVE LAW.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13555-01-7

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