|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2020||referred to codes|
|Nov 20, 2019||referred to rules|
senate Bill S6861
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6861 (ACTIVE) - Details
S6861 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6861 SPONSOR: TEDISCO TITLE OF BILL: An act to amend the criminal procedure law, in relation to setting bail for defendants who pose a threat to public safety PURPOSE: To allow greater judicial discretion in setting a securing order with respect to a defendant's prior felony convictions, failure to make an appearance in court, or subsequent arrests while awaiting trial. SUMMARY OF PROVISIONS: § 1: Amends 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, to allow a court to make an individualized determination or it is demonstrated and the court makes an individualized determination based on the principal's record of a prior felony conviction, a failure to
S6861 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6861 2019-2020 Regular Sessions I N S E N A T E November 20, 2019 ___________ Introduced by Sen. TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the criminal procedure law, in relation to setting bail for defendants who pose a threat to public safety 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[. 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] OR IT IS DEMONSTRATED AND THE COURT MAKES AN INDIVIDUALIZED DETERMI- NATION BASED ON THE PRINCIPAL'S RECORD OF A PRIOR FELONY CONVICTION, A FAILURE TO APPEAR IN COURT OR IF THE PRINCIPAL IS ARRESTED DURING THE INTERIM PERIOD WHILE AWAITING A PRELIMINARY HEARING OR TRIAL. 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 on the same date and in the same manner as section 2 of part JJJ of chapter 59 of the laws of 2019, takes effect. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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