S T A T E O F N E W Y O R K
________________________________________________________________________
9561
I N A S S E M B L Y
January 24, 2020
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to directing
courts to consider a principal's primary residence location in
relation to the location of the court they are required to return to
for a future appearance as a factor in determining whether to fix 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 510.30 of the criminal procedure
law, as amended by section 5 of part JJJ of chapter 59 of the laws of
2019, is amended to read as follows:
1. With respect to any principal, the court in all cases, unless
otherwise provided by law, must impose the least restrictive kind and
degree of control or restriction that is necessary to secure the princi-
pal's return to court when required. In determining that matter, the
court must, on the basis of available information, consider and take
into account information about the principal that is relevant to the
principal's return to court, including:
(a) The principal's activities and history;
(b) If the principal is a defendant, the charges facing the principal;
(c) The principal's criminal conviction record if any;
(d) The principal's record of previous adjudication as a juvenile
delinquent, as retained pursuant to section 354.2 of the family court
act, or, of pending cases where fingerprints are retained pursuant to
section 306.1 of such act, or a youthful offender, if any;
(e) The principal's previous record with respect to flight to avoid
criminal prosecution;
(f) If monetary bail is authorized, according to the restrictions set
forth in this title, the principal's individual financial circumstances,
and, in cases where bail is authorized, the principal's ability to post
bail without posing undue hardship, as well as his or her ability to
obtain a secured, unsecured, or partially secured bond;
(g) Where the principal is charged with a crime or crimes against a
member or members of the same family or household as that term is
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14779-01-0
A. 9561 2
defined in subdivision one of section 530.11 of this title, the follow-
ing factors:
(i) any violation by the principal of an order of protection issued by
any court for the protection of a member or members of the same family
or household as that term is defined in subdivision one of section
530.11 of this title, whether or not such order of protection is
currently in effect; and
(ii) the principal's history of use or possession of a firearm; [and]
(h) If the principal is a defendant, in the case of an application for
a securing order pending appeal, the merit or lack of merit of the
appeal; AND
(I) WHETHER THE PRINCIPAL'S PRIMARY RESIDENCE IS LOCATED ONE HUNDRED
MILES OR MORE FROM THE LOCATION OF THE COURT IN WHICH THE PRINCIPAL IS
SCHEDULED TO RETURN FOR A FUTURE APPEARANCE.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on the same date and in the same
manner as part JJJ of chapter 59 of the laws of 2019 took effect.