Senate Bill S3579A

2017-2018 Legislative Session

Enacts the "bail elimination act of 2018"; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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-S3579 - 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 Other Legislative Sessions:
2015-2016: S6061, A8551
2019-2020: S2101, A2726

2017-S3579 - Summary

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

2017-S3579 - Sponsor Memo

2017-S3579 - 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

2017-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 Other Legislative Sessions:
2015-2016: S6061, A8551
2019-2020: S2101, A2726

2017-S3579A (ACTIVE) - Summary

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

2017-S3579A (ACTIVE) - Sponsor Memo

2017-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.
              

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