Assembly Bill A6901

2019-2020 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

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2019-A6901 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§530.40 & 530.20, CP L
Versions Introduced in 2017-2018 Legislative Session:
A8767

2019-A6901 (ACTIVE) - Summary

Prohibits 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.

2019-A6901 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6901
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2019
                                ___________
 
 Introduced  by  M.  of A. ORTIZ, ENGLEBRIGHT, SEAWRIGHT, DAVILA, MOSLEY,
   TAYLOR, COOK, D'URSO -- 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.
                                                            LBD10917-01-9

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