Allows for courts to detain principals before trial where the principal: poses a risk of flight, has a record of missing mandated court appearances, is a danger to himself, herself and/or another person, and/or has been previously convicted of a crime or has engaged in activities which the court determines requires the principal not be released pending trial on the principal's own recognizance.
S T A T E O F N E W Y O R K
________________________________________________________________________
9051
I N A S S E M B L Y
January 10, 2020
___________
Introduced by M. of A. BARNWELL -- Multi-Sponsored by -- M. of A. ASHBY,
BYRNES, DeSTEFANO, DiPIETRO, GRIFFIN, JONES, MANKTELOW, MONTESANO,
PALUMBO, RA, REILLY, STERN, TAGUE, THIELE, WALCZYK -- read once and
referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to detaining
principals before trial
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; (A)
poses a risk of flight to avoid prosecution; (B) HAS A RECORD OF MISSING
MANDATED COURT APPEARANCES; (C) IS A DANGER TO HIMSELF, HERSELF AND/OR
ANOTHER PERSON; AND/OR (D) HAS BEEN PREVIOUSLY CONVICTED OF A CRIME OR
HAS ENGAGED IN ACTIVITIES WHICH THE COURT DETERMINES REQUIRES THE PRIN-
CIPAL NOT BE RELEASED PENDING TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE.
If such a finding is made, the court [must] SHALL select the least
restrictive alternative and condition or conditions that will reasonably
assure the principal's return to court AND, AT FUTURE COURT APPEARANCES
UPON HEARING FROM THE PRINCIPAL AND THE PEOPLE, THE COURT SHALL CONSIDER
A LESSENING OF CONDITIONS OR MODIFICATION OF CONDITIONS. The court
shall explain its choice of release, release with conditions, bail or
remand on the record [or in writing].
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.