assembly Bill A5033A

2017-2018 Legislative Session

Enacts the "bail elimination act of 2018"; repealer

download bill text pdf

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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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 09, 2018 print number 5033a
Apr 09, 2018 amend (t) and recommit to codes
Jan 03, 2018 referred to codes
Feb 06, 2017 referred to codes

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A5033 - Details

See Senate Version of this Bill:
S3579
Current Committee:
Assembly 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: A8551, S6061
2019-2020: A2726, S2101

A5033 - Summary

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

A5033 - Bill Text download pdf


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

                                  5033

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2017
                               ___________

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.
  § 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.
  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.

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A5033A (ACTIVE) - Details

See Senate Version of this Bill:
S3579
Current Committee:
Assembly 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: A8551, S6061
2019-2020: A2726, S2101

A5033A (ACTIVE) - Summary

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

A5033A (ACTIVE) - Bill Text download pdf


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

                                 5033--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2017
                               ___________

Introduced  by  M.  of  A.  O'DONNELL,  LUPARDO,  JAFFEE, ORTIZ, D'URSO,
  RIVERA, BARRON, GOTTFRIED, DAVILA, DE LA ROSA,  SEPULVEDA,  PELLEGRINO
  --  Multi-Sponsored  by -- M. of A. SIMON -- read once and referred to
  the Committee on Codes -- recommitted to the  Committee  on  Codes  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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

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

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