Assembly Bill A9051

2019-2020 Legislative Session

Relates to detaining principals before trial

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2019-A9051 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §510.10, CP L
Versions Introduced in 2021-2022 Legislative Session:
A2076

2019-A9051 (ACTIVE) - Summary

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.

2019-A9051 (ACTIVE) - Bill Text download pdf 

                            
 
                     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

Comments

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.