Assembly Bill A9027

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9027
 
                           I N  A S S E M B L Y
 
                             January 10, 2020
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to allowing  the
   courts  to  consider a principal's threat to public safety when deter-
   mining bail
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision 1 of section 510.10 of the criminal procedure
 law, as amended by section 2 of part JJJ of chapter 59 of  the  laws  of
 2019, is amended to read as follows:
   1.  When  a  principal,  whose  future  court attendance at a criminal
 action or proceeding is or may be required, comes under the control of a
 court, such court shall, in accordance with this title,  by  a  securing
 order release the principal on the principal's own recognizance, release
 the  principal  under non-monetary conditions, or, where authorized, fix
 bail or commit the principal to the custody of the sheriff. In all  such
 cases,  except  where  another  type  of  securing  order is shown to be
 required by law, the court shall release the principal pending trial  on
 the  principal's  own  recognizance,  unless  it is demonstrated and the
 court makes an individualized determination that the principal  poses  a
 risk  of  flight  to avoid prosecution OR SUCH PRINCIPAL POSES A CURRENT
 PHYSICAL DANGER TO THE SAFETY OF ANY CRIME VICTIM, PERSON OR THE  COMMU-
 NITY.  If  such  a  finding  is  made,  the  court must select the least
 restrictive alternative and condition or conditions that will reasonably
 assure the principal's return to court.   The court  shall  explain  its
 choice of release, release with conditions, bail or remand on the record
 or in writing.
   §  2. Paragraph (a) of subdivision 1 of section 530.20 of the criminal
 procedure law, as added by section 16 of part JJJ of chapter 59  of  the
 laws of 2019, is amended to read as follows:
   (a) In cases other than as described in paragraph (b) of this subdivi-
 sion  the court shall release the principal pending trial on the princi-
 pal's own recognizance, unless the court finds on the record or in writ-
 ing that release on the principal's own recognizance will not reasonably
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14316-01-9

 A. 9027                             2
 
 assure the principal's return to court OR SUCH PRINCIPAL POSES A CURRENT
 PHYSICAL DANGER TO THE SAFETY OF ANY CRIME VICTIM, PERSON OR THE  COMMU-
 NITY.  In  such  instances,  the court shall release the principal under
 non-monetary conditions, selecting the least restrictive alternative and
 conditions  that will reasonably assure the principal's return to court.
 The court shall explain its choice of alternative and conditions on  the
 record or in writing.
   § 3. Subdivision 3 of section 530.40 of the criminal procedure law, as
 amended  by section 18 of part JJJ of chapter 59 of the laws of 2019, is
 amended to read as follows:
   3. In cases other than  as  described  in  subdivision  four  of  this
 section the court shall release the principal pending trial on the prin-
 cipal's  own  recognizance,  unless  the court finds on the record or in
 writing that release  on  the  principal's  own  recognizance  will  not
 reasonably  assure  the  principal's  return  to court OR SUCH PRINCIPAL
 POSES A CURRENT PHYSICAL DANGER TO  THE  SAFETY  OF  ANY  CRIME  VICTIM,
 PERSON  OR THE COMMUNITY. In such instances, the court shall release the
 principal under non-monetary conditions, selecting the least restrictive
 alternative and conditions that will reasonably assure  the  principal's
 return  to  court. The court shall explain its choice of alternative and
 conditions on the record or in writing.
   § 4. This act shall take effect on the  same  date  and  in  the  same
 manner as part JJJ of chapter 59 of the laws of 2019, takes effect.