senate Bill S3579A

2017-2018 Legislative Session

Enacts the "bail elimination act of 2018"; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 12, 2018 print number 3579a
Feb 12, 2018 amend (t) and recommit to codes
Jan 03, 2018 referred to codes
Jan 24, 2017 referred to codes

Co-Sponsors

view additional co-sponsors

S3579 (ACTIVE) - Details

See Assembly Version of this Bill:
A5033
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld Art 520, §530.60, §500.10 subs 7 - 19, amd CP L, generally; rpld Art 68, Ins L; amd §216, Judy L
Versions Introduced in 2015-2016 Legislative Session:
S6061, A8551

S3579 (ACTIVE) - Summary

Enacts the "bail elimination act of 2018"; creates provisions for pretrial detention.

S3579 (ACTIVE) - Sponsor Memo

S3579 (ACTIVE) - Bill Text download pdf


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

                                  3579

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 24, 2017
                               ___________

Introduced by Sens. GIANARIS, BRESLIN, DILAN, HAMILTON, HOYLMAN, PARKER,
  PERALTA  --  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  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.
  § 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.
§ 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.
§ 505.15 INTERVIEW OF CRIMINAL DEFENDANTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08752-01-7

Co-Sponsors

view additional co-sponsors

S3579A (ACTIVE) - Details

See Assembly Version of this Bill:
A5033
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld Art 520, §530.60, §500.10 subs 7 - 19, amd CP L, generally; rpld Art 68, Ins L; amd §216, Judy L
Versions Introduced in 2015-2016 Legislative Session:
S6061, A8551

S3579A (ACTIVE) - Summary

Enacts the "bail elimination act of 2018"; creates provisions for pretrial detention.

S3579A (ACTIVE) - Sponsor Memo

S3579A (ACTIVE) - Bill Text download pdf


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

                                 3579--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 24, 2017
                               ___________

Introduced  by Sens. GIANARIS, BENJAMIN, BRESLIN, DILAN, HAMILTON, HOYL-
  MAN, KRUEGER, PARKER, PERALTA -- read twice and ordered  printed,  and
  when  printed to be committed to the Committee on Codes -- recommitted
  to the Committee on Codes in accordance with Senate Rule 6, sec. 8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the criminal procedure law and  the  judiciary  law,  in
  relation to enacting the "bail elimination act of 2018"; and to repeal
  certain provisions of the criminal procedure law and the insurance law
  relating to the posting of bail

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "bail elimination act of 2018".
  §  2.  Subdivisions 1, 2, 4, 5 and 6 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

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.