NY State Senate Bill 2019-S7342A

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 26, 2020	print number 7342a
Jun 26, 2020	amend and recommit to codes
Jan 21, 2020	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S7342 - Details

See Assembly Version of this Bill:: A10342
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 510.30, 530.20 & 530.40, CP L
Versions Introduced in 2021-2022 Legislative Session:: A375

2019-S7342 - Summary

Authorizes bail and pre-trial detention for domestic violence charges.

2019-S7342 - Sponsor Memo

                                
 
BILL NUMBER: S7342

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to bail and
pre-trial detention and domestic violence charges

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill will help protect victims of domestic violence by allowing the
court to consider bail or pre-trial detention when an individual is
charged with any crime against a member of the same family or household,
and require the court, when determining recognizance or bail in cases of
domestic violence, to consider certain additional enumerated factors.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends section 510.10 of the criminal procedure law to
provide that where the principal stands charged with a crime or crimes
against 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, the
court, unless otherwise prohibited by law, may in its discretion release
the principal pending trial on the principal's own recognizance or under
non-monetary conditions, fix bail, or commit the principal to the custo-
dy of the sheriff.

Section two amends paragraph (g) of subdivision 1 of section 510.30 of
the criminal procedure law, to require the court to consider three addi-
tional factors in making its determination of recognizance or bail in
domestic violence cases: any history of prior acts of violence or
threats of violence against a witness in the criminal proceeding; any
order of protection issued against the principal for the protection of a
member or members of the same family or household, as defined in section
530.11(1) of the criminal procedure law, whether or not such order is
currently in effect; and any prior arrest or conviction for a crime or
violation against a member or members of the same family or household,
as defined in section 530.11(1) of the criminal procedure law.

Section three amends subdivision 1 of section 530.20 of the criminal
procedure law to provide that where the principal stands charged with a
crime or crimes against a member or members of the same family or house-
hold as that term is defined in subdivision one of section 530.11 of
this title, the court, unless otherwise prohibited by law, may in its
discretion release the principal pending trial on the principal's own
recognizance or under non-monetary conditions, fix bail, or commit the
principal to the custody of the sheriff.

Section four amends section 530.40 of the criminal procedure law to
provide that where the principal stands charged with a crime or crimes
against 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, the
court, unless otherwise prohibited by law, may in its discretion release
the principal pending trial on the principal's own recognizance or under
non-monetary conditions, fix bail, or commit the principal to the custo-
dy of the sheriff.

Section five provides the effective date.

 
JUSTIFICATION:

Last year, the New York State Legislature passed bail reform legislation
to improve our criminal justice system. With all of the positive changes
put in place, further changes are needed to ensure that survivors of
domestic violence are adequately protected. In domestic violence cases,
the escalation of violence can happen quickly, often without warning.
Under the current statute, the court cannot consider bail or pre-trial
detention when an individual is charged with many common crimes of
domestic violence, including misdemeanor stalking or assault.

Domestic violence cases are unique, and the court must have additional
discretion in these cases. The criminal who commits a street crime
against a stranger, for example, is not likely to target the victim for
additional criminal activity while the case is pending and afterwards.
Precisely the reverse is true for domestic violence perpetrators, who
are highly likely to do so. Those who commit acts of domestic violence
do so to exercise power and control over their specific victim, with
whom they have a relationship. Domestic violence has a high rate of
recidivism, and tends to escalate in frequency and severity over time.
The initiation of a court case against the perpetrator is a high-risk
time for the victim, who is perceived by the abuser as trying to escape
the relationship.  Perpetrators often threaten and harm their victims
during the pendency of the case in order to force them not to cooperate
with the prosecution and to reconcile.

This bill would give the court discretion to consider bail or pre-trial
detention in any case where an individual is charged with a crime or
crimes against a member or members of the same family or household. In
addition, the bill will require the court to consider three additional
factors when making its determination: prior acts of violence or threats
against a witness in the pending criminal action, any order of
protection issued against the principal for the protection of a member
or members of the same family or household, and any prior arrest or
conviction for a crime or violation against a member or members of the
same family or household.  The Legislature must take steps to allow
judges to step in when necessary to protect domestic violence survivors
from further violence at the hands of their abusers.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Sixty days following the date of enactment.

2019-S7342 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7342
 
                             I N  S E N A T E
 
                             January 21, 2020
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  bail  and
   pre-trial detention and domestic violence charges
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 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:
 § 510.10 Securing order; when required; alternatives available; standard
            to be applied.
   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.
 The court shall explain its choice of release, release with  conditions,
 bail or remand on the record or in writing.
   2.  A  principal  is  entitled to representation by counsel under this
 chapter in preparing an application for release, when a  securing  order
 is  being  considered  and  when  a securing order is being reviewed for
 modification, revocation or termination. If the principal is financially
 unable to obtain counsel, counsel shall be assigned to the principal.
   3. In cases other than as described in [subdivision] SUBDIVISIONS four
 AND FIVE of this section the court shall release the  principal  pending
 trial on the principal's own recognizance, unless the court finds on the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14750-01-0

 S. 7342                             2
 
 record  or  in  writing that release on the principal's own recognizance
 will not reasonably assure the principal's  return  to  court.  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. Where the principal stands charged with a qualifying  offense,  the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary  conditions,  fix  bail, or, where the defendant is charged
 with a qualifying offense which is a felony, the court  may  commit  the
 principal to the custody of the sheriff. A principal stands charged with
 a qualifying offense for the purposes of this subdivision when he or she
 stands charged with:
   (a)  a felony enumerated in section 70.02 of the penal law, other than
 burglary in the second degree as defined in subdivision two  of  section
 140.25  of  the  penal law or robbery in the second degree as defined in
 subdivision one of section 160.10 of the penal law;
   (b) a crime involving witness intimidation under section 215.15 of the
 penal law;
   (c) a crime involving witness tampering under section  215.11,  215.12
 or 215.13 of the penal law;
   (d)  a  class A felony defined in the penal law, other than in article
 two hundred twenty of such law with the exception of section  220.77  of
 such law;
   (e)  a felony sex offense defined in section 70.80 of the penal law or
 a crime involving incest as defined in section 255.25, 255.26 or  255.27
 of  such  law, or a misdemeanor defined in article one hundred thirty of
 such law;
   (f) conspiracy in the second degree as defined in  section  105.15  of
 the  penal  law,  where the underlying allegation of such charge is that
 the defendant conspired to commit a class A felony  defined  in  article
 one hundred twenty-five of the penal law;
   (g)  money  laundering  in support of terrorism in the first degree as
 defined in section 470.24 of the penal law; money laundering in  support
 of  terrorism  in  the second degree as defined in section 470.23 of the
 penal law; or a felony crime of terrorism as  defined  in  article  four
 hundred ninety of the penal law, other than the crime defined in section
 490.20 of such law; OR
   (h)  [criminal contempt in the second degree as defined in subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
 the  penal  law  or  aggravated  criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a
 duly served order of protection where the protected party is a member of
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this article; or
   (i)]  facilitating  a  sexual performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70 of the penal law.

 S. 7342                             3

   5. WHERE THE PRINCIPAL STANDS CHARGED WITH A CRIME OR CRIMES AGAINST 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,  THE  COURT,
 UNLESS  OTHERWISE  PROHIBITED  BY LAW, MAY IN ITS DISCRETION RELEASE THE
 PRINCIPAL  PENDING  TRAIL  ON  THE PRINCIPAL'S OWN RECOGNIZANCE OR UNDER
 NON-MONETARY CONDITIONS, FIX BAIL, OR COMMIT THE PRINCIPAL TO THE CUSTO-
 DY OF THE SHERIFF.
   6. Notwithstanding the provisions of subdivisions  three  [and],  four
 AND  FIVE  of this section, with respect to any charge for which bail or
 remand is not ordered, and for which the court would not  or  could  not
 otherwise  require bail or remand, a defendant may, at any time, request
 that the court set bail in a nominal amount requested by  the  defendant
 in  the  form  specified  in paragraph (a) of subdivision one of section
 520.10 of this title; if the court is  satisfied  that  the  request  is
 voluntary, the court shall set such bail in such amount.
   [6.]  7.  When  a securing order is revoked or otherwise terminated in
 the course of an uncompleted action or proceeding  but  the  principal's
 future court attendance still is or may be required and the principal is
 still under the control of a court, a new securing order must be issued.
 When  the  court  revokes or otherwise terminates a securing order which
 committed the principal to the custody of the sheriff, the  court  shall
 give  written  notification  to the sheriff of such revocation or termi-
 nation of the securing order.
   § 2. Paragraph (g) of subdivision 1 of section 510.30 of the  criminal
 procedure  law  is amended by adding three new subparagraphs (iii), (iv)
 and (v) to read as follows:
   (III) ANY HISTORY OF PRIOR ACTS OF VIOLENCE  OR  THREATS  OF  VIOLENCE
 AGAINST A WITNESS IN THE PENDING CRIMINAL ACTION; AND
   (IV) ANY ORDER OF PROTECTION ISSUED BY ANY COURT AGAINST THE PRINCIPAL
 FOR  THE  PROTECTION OF A MEMBER OR MEMBERS OF THE SAME FAMILY OR HOUSE-
 HOLD 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
   (V) ANY PRIOR ARREST OR CONVICTION FOR A CRIME OR VIOLATION AGAINST  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; AND
   § 3. Subdivision 1 of section 530.20 of the criminal procedure law, as
 amended by section 16 of part JJJ of chapter 59 of the laws of 2019,  is
 amended to read as follows:
   1.  (a)  In  cases  other than as described in paragraph (b) OR (C) of
 this subdivision the court shall release the principal pending trial  on
 the  principal'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. 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.
   (b) Where the principal stands charged with a qualifying offense,  the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary  conditions,  fix  bail, or, where the defendant is charged
 with a qualifying offense which is a felony, the court  may  commit  the
 principal  to  the  custody  of the sheriff. The court shall explain its
 choice of release, release with conditions, bail or remand on the record

 S. 7342                             4
 
 or in writing. A principal stands charged with a qualifying offense when
 he or she stands charged with:
   (i)  a felony enumerated in section 70.02 of the penal law, other than
 burglary in the second degree as defined in subdivision two  of  section
 140.25  of  the  penal law or robbery in the second degree as defined in
 subdivision one of section 160.10 of the penal law;
   (ii) a crime involving witness intimidation under  section  215.15  of
 the penal law;
   (iii) a crime involving witness tampering under section 215.11, 215.12
 or 215.13 of the penal law;
   (iv)  a class A felony defined in the penal law, other than in article
 two hundred twenty of such law with the exception of section  220.77  of
 such law;
   (v)  a felony sex offense defined in section 70.80 of the penal law or
 a crime involving incest as defined in section 255.25, 255.26 or  255.27
 of  such  law, or a misdemeanor defined in article one hundred thirty of
 such law;
   (vi) conspiracy in the second degree as defined in section  105.15  of
 the  penal  law,  where the underlying allegation of such charge is that
 the defendant conspired to commit a class A felony  defined  in  article
 one hundred twenty-five of the penal law;
   (vii)  money laundering in support of terrorism in the first degree as
 defined in section 470.24 of the penal law; money laundering in  support
 of  terrorism  in  the second degree as defined in section 470.23 of the
 penal law; or a felony crime of terrorism as  defined  in  article  four
 hundred ninety of the penal law, other than the crime defined in section
 490.20 of such law; OR
   (viii)  [criminal contempt in the second degree as defined in subdivi-
 sion three of section 215.50 of the penal law, criminal contempt in  the
 first degree as defined in subdivision (b), (c) or (d) of section 215.51
 of  the  penal law or aggravated criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a
 duly served order of protection where the protected party is a member of
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this article; or
   (ix)]  facilitating  a sexual performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70 of the penal law.
   (C)  WHERE THE PRINCIPAL STANDS CHARGED WITH A CRIME OR CRIMES AGAINST
 A MEMBER OR MEMBERS OF THE SAME FAMILY OR  HOUSEHOLD  AS  THAT  TERM  IS
 DEFINED  IN  SUBDIVISION  ONE OR SECTION 530.11 OF THIS PART, THE COURT,
 UNLESS OTHERWISE PROHIBITED BY LAW, MAY IN ITS  DISCRETION  RELEASE  THE
 PRINCIPAL  PENDING  TRIAL  ON  THE PRINCIPAL'S OWN RECOGNIZANCE OR UNDER
 NON-MONETARY CONDITIONS, FIX BAIL, OR COMMIT THE PRINCIPAL TO THE CUSTO-
 DY OF THE SHERIFF.
   (d) Notwithstanding the provisions of paragraphs (a) [and], (b)AND (C)
 of this subdivision, with respect to any charge for which bail or remand
 is not ordered, and for which the court would not or could not otherwise
 require bail or remand, a defendant may, at any time, request  that  the
 court  set  bail  in  a nominal amount requested by the defendant in the
 form specified in paragraph (a) of subdivision one of section 520.10  of

 S. 7342                             5
 
 this title; if the court is satisfied that the request is voluntary, the
 court shall set such bail in such amount.
   §  4.  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:
 § 530.40 Order of recognizance, release under non-monetary conditions or
            bail; by superior court when action is pending therein.
   When  a  criminal  action  is pending in a superior court, such court,
 upon application of a defendant, must or may order recognizance or  bail
 as follows:
   1.  When  the defendant is charged with an offense or offenses of less
 than felony grade only, the court must,  unless  otherwise  provided  by
 law,  order  recognizance  or  release  under non-monetary conditions in
 accordance with this section.
   2. When the defendant is charged with a felony, the court may,  unless
 otherwise provided by law in its discretion, order recognizance, release
 under  non-monetary  conditions  or, where authorized, bail. In any such
 case in which an indictment (a) has resulted from an order  of  a  local
 criminal  court  holding the defendant for the action of the grand jury,
 or (b) was filed at a time when a felony  complaint  charging  the  same
 conduct  was  pending in a local criminal court, and in which such local
 criminal court or a superior court judge has issued an order of recogni-
 zance, release under non-monetary conditions or, where authorized,  bail
 which  is still effective, the superior court's order may be in the form
 of a direction continuing the effectiveness of the previous order.
   3. In cases other than as described in [subdivision] SUBDIVISIONS four
 AND FIVE of this section the court shall release the  principal  pending
 trial on the principal'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.  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.  Where  the principal stands charged with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix bail, or, where the  defendant  is  charged
 with  a  qualifying  offense which is a felony, the court may commit the
 principal to the custody of the sheriff. The  court  shall  explain  its
 choice of release, release with conditions, bail or remand on the record
 or  in writing. A principal stands charged with a qualifying offense for
 the purposes of this subdivision when he or she stands charged with:
   (a) a felony enumerated in section 70.02 of the penal law, other  than
 burglary  in  the second degree as defined in subdivision two of section
 140.25 of the penal law or robbery in the second degree  as  defined  in
 subdivision one of section 160.10 of the penal law;
   (b) a crime involving witness intimidation under section 215.15 of the
 penal law;
   (c)  a  crime involving witness tampering under section 215.11, 215.12
 or 215.13 of the penal law;
   (d) a class A felony defined in the penal law, other than  in  article
 two  hundred  twenty of such law with the exception of section 220.77 of
 such law;

 S. 7342                             6
 
   (e) a felony sex offense defined in section 70.80 of the penal law  or
 a  crime involving incest as defined in section 255.25, 255.26 or 255.27
 of such law, or a misdemeanor defined in article one hundred  thirty  of
 such law;
   (f)  conspiracy  in  the second degree as defined in section 105.15 of
 the penal law, where the underlying allegation of such  charge  is  that
 the  defendant  conspired  to commit a class A felony defined in article
 one hundred twenty-five of the penal law;
   (g) money laundering in support of terrorism in the  first  degree  as
 defined  in section 470.24 of the penal law; money laundering in support
 of terrorism in the second degree as defined in section  470.23  of  the
 penal  law;  or  a  felony crime of terrorism as defined in article four
 hundred ninety of the penal law, other than the crime defined in section
 490.20 of such law; OR
   (h) [criminal contempt in the second degree as defined in  subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
 the penal law or aggravated criminal  contempt  as  defined  in  section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal  contempt  in the second degree, criminal contempt in the first
 degree or aggravated criminal contempt is that the defendant violated  a
 duly served order of protection where the protected party is a member of
 the  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this article; or
   (i)] facilitating a sexual performance by a child  with  a  controlled
 substance  or alcohol as defined in section 263.30 of the penal law, use
 of a child in a sexual performance as defined in section 263.05  of  the
 penal  law  or  luring  a child as defined in subdivision one of section
 120.70 of the penal law.
   5. WHERE THE PRINCIPAL STANDS CHARGED WITH A CRIME OR CRIMES AGAINST A
 MEMBER OR MEMBERS OF THE SAME  FAMILY  OR  HOUSEHOLD  AS  THAT  TERM  IS
 DEFINED  IN  SUBDIVISION  ONE OF SECTION 530.11 OF THIS PART, THE COURT,
 UNLESS OTHERWISE PROHIBITED BY LAW, MAY IN ITS  DISCRETION  RELEASE  THE
 PRINCIPAL  PENDING  TRIAL  ON  THE PRINCIPAL'S OWN RECOGNIZANCE OR UNDER
 NON-MONETARY CONDITIONS, FIX BAIL, OR COMMIT THE PRINCIPAL TO THE CUSTO-
 DY OF THE SHERIFF.
   6. Notwithstanding the provisions of subdivisions  three  [and]  four,
 AND  FIVE  of this section, with respect to any charge for which bail or
 remand is not ordered, and for which the court would not  or  could  not
 otherwise  require bail or remand, a defendant may, at any time, request
 that the court set bail in a nominal amount requested by  the  defendant
 in  the  form  specified  in paragraph (a) of subdivision one of section
 520.10 of this title; if the court is  satisfied  that  the  request  is
 voluntary, the court shall set such bail in such amount.
   [6.]  7.  Notwithstanding  the  provisions  of subdivisions two, three
 [and] four, AND FIVE of this section, a superior  court  may  not  order
 recognizance,  release  under  non-monetary conditions or, where author-
 ized, bail, or permit a defendant to remain at liberty  pursuant  to  an
 existing  order, after the defendant has been convicted of either: (a) a
 class A felony or (b) any class B or class C felony as defined in  arti-
 cle  one  hundred  thirty  of the penal law committed or attempted to be
 committed by a person eighteen years of age or older  against  a  person
 less than eighteen years of age. In either case the court must commit or
 remand the defendant to the custody of the sheriff.
   [7.]  8.  Notwithstanding  the  provisions  of subdivisions two, three
 [and] four, AND FIVE of this section, a superior  court  may  not  order

 S. 7342                             7
 
 recognizance,  release  under  non-monetary conditions or, where author-
 ized, bail when the defendant is charged with a felony unless and  until
 the  district  attorney has had an opportunity to be heard in the matter
 and  such court and counsel for the defendant have been furnished with a
 report as described in subparagraph (ii) of paragraph (b) of subdivision
 two of section 530.20 of this article.
   § 5. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

co-Sponsors

2019-S7342A (ACTIVE) - Details

See Assembly Version of this Bill:: A10342
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 510.30, 530.20 & 530.40, CP L
Versions Introduced in 2021-2022 Legislative Session:: A375

2019-S7342A (ACTIVE) - Summary

Authorizes bail and pre-trial detention for domestic violence charges.

2019-S7342A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7342A

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to bail and
pre-trial detention and domestic violence charges

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill will help protect victims of domestic violence by allowing the
court to consider bail or pre-trial detention when an individual is
charged with any crime against a member of the same family or household,
and require the court, when determining recognizance or bail in cases 14
domestic violence, to consider certain additional enumerated factors.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends section 510.10 of the criminal procedure law to
provide that where the principal stands charged with a crime or crimes
against 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, the
court, unless otherwise prohibited by law, may in its discretion release
the principal pending trial on the principal's own recognizance or urger
non-monetary conditions, fix bail, or commit the principal to the custo-
dy of the sheriff.

Section two amends paragraph (g) of subdivision 1 of section 510.30 of
the criminal procedure law, to require the court to consider three addi-
tional factors in making its determination of recognizance or bail in
domestic violence cases: any history of prior acts of violence or
threats of violence against a witness in the criminal proceeding; any
order of protection issued against the principal for the protection of a
member or members of the same family or household, as defined in section
530.11(1) of the criminal procedure law, whether or not such order is
currently in effect; and any prior arrest or conviction for a crime or
violation against a member or members of the same family or household,
as defined in section 530.11(1) of the criminal procedure law.

Section three amends subdivision 1 of section 530.20 of the criminal
procedure law to provide that where the principal stands charged with a
crime or crimes against a member or members of the same family or house-
hold as that term is defined in subdivision one of section 530.11 of
this title, the court, unless otherwise prohibited by law, may in its
discretion release the principal pending trial on the principal's own
recognizance or under non-monetary conditions, fix bail, or commit the
principal to the custody of the sheriff.

Section four amends section 530.40 of the criminal procedure law to
provide that where the principal stands charged with a crime or crimes
against 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, the
court, unless otherwise prohibited by law, may in its discretion release
the principal pending trial on the principal's own recognizance or under
non-monetary conditions, fix bail, or commit the principal to the custo-
dy of the sheriff

Section five provides the effective date.  Last year, the New York State
Legislature passed bail reform legislation to improve our criminal
justice system. With all of the positive changes put in place, further
changes are needed to ensure that survivors of domestic violence are
adequately protected. In domestic violence cases, the escalation of
violence can happen quickly, often without warning. Under the current
statute, the court cannot consider bail or pre-trial detention when an
individual is charged with many common crimes of domestic violence,
including misdemeanor stalking or assault.

Domestic violence cases are unique, and the court must have additional
discretion in these cases. The criminal who commits a street crime
against a stranger, for example, is not likely to target the victim for
additional criminal activity while the case is pending and afterwards.
Precisely the reverse is true for domestic violence perpetrators, who
are highly likely to do so. Those who commit acts of domestic violence
do so to exercise power and control over their specific victim, with
whom they have a relationship. Domestic violence has a high rate of
recidivism, and tends to escalate in frequency and severity over time.
The initiation of a court case against the perpetrator is a high-risk
time for the victim, who is perceived by the abuser as trying to escape
the relationship.  Perpetrators often threaten and harm their victims
during the pendency of the case in order to force them not to cooperate
with the prosecution and to reconcile.

This bill would give the court discretion to consider bail or pre-trial
detention in any case where an individual is charged with a crime or
crimes against a member or members of the same family or household. In
addition, the bill will require the court to consider three additional
factors when making its determination: prior acts of violence or threats
against a witness in the pending criminal action, any order of
protection issued against the principal for the protection of a member
or members of the same family or household, and any prior arrest or
conviction for a crime or violation against a member or members of the
same family or household.

The Legislature must take steps to allow judges to step in when neces-
sary to protect domestic violence survivors from further violence at the
hands of their abusers.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE

SIXTY DAYS FOLLOWING THE DATE OF ENACTMENT.

2019-S7342A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7342--A
 
                             I N  S E N A T E
 
                             January 21, 2020
                                ___________
 
 Introduced by Sens. MARTINEZ, ADDABBO -- read twice and ordered printed,
   and  when printed to be committed to the Committee on Codes -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 AN  ACT  to  amend  the  criminal procedure law, in relation to bail and
   pre-trial detention and domestic violence charges

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 510.10 of the criminal procedure law, as amended by
 section  2 of part JJJ of chapter 59 of the laws of 2019 and subdivision
 4 as amended by section 2 of part UU of chapter 56 of the laws of  2020,
 is amended to read as follows:
 § 510.10 Securing order; when required; alternatives available; standard
            to be applied.
   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.
 The court shall explain its choice of release, release with  conditions,
 bail or remand on the record or in writing.
   2.  A  principal  is  entitled to representation by counsel under this
 chapter in preparing an application for release, when a  securing  order
 is  being  considered  and  when  a securing order is being reviewed for
 modification, revocation or termination. If the principal is financially
 unable to obtain counsel, counsel shall be assigned to the principal.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14750-02-0

 S. 7342--A                          2
 
   3. In cases other than as described in [subdivision] SUBDIVISIONS four
 AND FIVE of this section the court shall release the  principal  pending
 trial on the principal'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. 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. Where the principal stands charged with a qualifying  offense,  the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary  conditions,  fix  bail, or, where the defendant is charged
 with a qualifying offense which is a felony, the court  may  commit  the
 principal to the custody of the sheriff. A principal stands charged with
 a qualifying offense for the purposes of this subdivision when he or she
 stands charged with:
   (a)  a felony enumerated in section 70.02 of the penal law, other than
 robbery in the second degree as defined in subdivision  one  of  section
 160.10  of the penal law, provided, however, that burglary in the second
 degree as defined in subdivision two of section 140.25 of the penal  law
 shall  be  a qualifying offense only where the defendant is charged with
 entering the living area of the dwelling;
   (b) a crime involving witness intimidation under section 215.15 of the
 penal law;
   (c) a crime involving witness tampering under section  215.11,  215.12
 or 215.13 of the penal law;
   (d) a class A felony defined in the penal law, provided that for class
 A felonies under article two hundred twenty of the penal law, only class
 A-I felonies shall be a qualifying offense;
   (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the  penal  law, or a felony sex offense defined in section 70.80 of the
 penal law, or a crime involving incest as  defined  in  section  255.25,
 255.26  or  255.27  of such law, or a misdemeanor defined in article one
 hundred thirty of such law;
   (f) conspiracy in the second degree as defined in  section  105.15  of
 the  penal  law,  where the underlying allegation of such charge is that
 the defendant conspired to commit a class A felony  defined  in  article
 one hundred twenty-five of the penal law;
   (g)  money  laundering  in support of terrorism in the first degree as
 defined in section 470.24 of the penal law; money laundering in  support
 of  terrorism  in  the second degree as defined in section 470.23 of the
 penal law; money laundering in support of terrorism in the third  degree
 as  defined  in  section  470.22  of  the penal law; money laundering in
 support of terrorism in the fourth degree as defined in  section  470.21
 of  the  penal law; or a felony crime of terrorism as defined in article
 four hundred ninety of the penal law, other than the  crime  defined  in
 section 490.20 of such law;
   (h)  [criminal contempt in the second degree as defined in subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
 the  penal  law  or  aggravated  criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a

 S. 7342--A                          3

 duly served order of protection where the protected party is a member of
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this title;
   (i)]  facilitating  a  sexual performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70  of  the  penal law, promoting an obscene sexual performance by a
 child as defined in section 263.10 of the penal law or promoting a sexu-
 al performance by a child as defined in section 263.15 of the penal law;
   [(j)] (I) any crime that is alleged to have caused the death of anoth-
 er person;
   [(k)] (J) criminal obstruction of breathing or  blood  circulation  as
 defined  in section 121.11 of the penal law, strangulation in the second
 degree as defined in section 121.12 of the penal law or unlawful  impri-
 sonment  in  the  first degree as defined in section 135.10 of the penal
 law, and is alleged to have committed the offense against  a  member  of
 the  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this title;
   [(l)] (K) aggravated vehicular assault as defined in section  120.04-a
 of  the penal law or vehicular assault in the first degree as defined in
 section 120.04 of the penal law;
   [(m)] (L) assault in the third degree as defined in section 120.00  of
 the  penal law or arson in the third degree as defined in section 150.10
 of the penal law, when such crime is charged as a hate crime as  defined
 in section 485.05 of the penal law;
   [(n)]  (M) aggravated assault upon a person less than eleven years old
 as defined in section 120.12 of the penal law or criminal possession  of
 a  weapon  on school grounds as defined in section 265.01-a of the penal
 law;
   [(o)] (N) grand larceny in the first  degree  as  defined  in  section
 155.42  of  the  penal  law, enterprise corruption as defined in section
 460.20 of the penal law, or money laundering  in  the  first  degree  as
 defined in section 470.20 of the penal law;
   [(p)]  (O)  failure  to register as a sex offender pursuant to section
 one hundred sixty-eight-t of  the  correction  law  or  endangering  the
 welfare  of  a  child as defined in subdivision one of section 260.10 of
 the penal law, where the defendant is required to maintain  registration
 under  article  six-C of the correction law and designated a level three
 offender  pursuant  to  subdivision   six   of   section   one   hundred
 sixty-eight-l of the correction law;
   [(q)]  (P) a crime involving bail jumping under section 215.55, 215.56
 or 215.57 of the penal law, or a crime involving escaping  from  custody
 under section 205.05, 205.10 or 205.15 of the penal law;
   [(r)]  (Q) any felony offense committed by the principal while serving
 a sentence of probation or while released to post release supervision;
   [(s)] (R) a felony, where the defendant qualifies  for  sentencing  on
 such charge as a persistent felony offender pursuant to section 70.10 of
 the penal law; or
   [(t)] (S) any felony or class A misdemeanor involving harm to an iden-
 tifiable person or property, where such charge arose from conduct occur-
 ring  while the defendant was released on his or her own recognizance or
 released under conditions for a separate felony or class  A  misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that  the  prosecutor  must  show  reasonable  cause to believe that the
 defendant committed the instant crime and any underlying crime. For  the

 S. 7342--A                          4
 
 purposes  of this subparagraph, any of the underlying crimes need not be
 a qualifying offense as defined in this subdivision.
   5. WHERE THE PRINCIPAL STANDS CHARGED WITH A CRIME OR CRIMES AGAINST 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,  THE  COURT,
 UNLESS  OTHERWISE  PROHIBITED  BY LAW, MAY IN ITS DISCRETION RELEASE THE
 PRINCIPAL PENDING TRAIL ON THE PRINCIPAL'S  OWN  RECOGNIZANCE  OR  UNDER
 NON-MONETARY CONDITIONS, FIX BAIL, OR COMMIT THE PRINCIPAL TO THE CUSTO-
 DY OF THE SHERIFF.
   6.  Notwithstanding  the  provisions of subdivisions three [and], four
 AND FIVE of this section, with respect to any charge for which  bail  or
 remand  is  not  ordered, and for which the court would not or could not
 otherwise require bail or remand, a defendant may, at any time,  request
 that  the  court set bail in a nominal amount requested by the defendant
 in the form specified in paragraph (a) of  subdivision  one  of  section
 520.10  of  this  title;  if  the court is satisfied that the request is
 voluntary, the court shall set such bail in such amount.
   [6.] 7. When a securing order is revoked or  otherwise  terminated  in
 the  course  of  an uncompleted action or proceeding but the principal's
 future court attendance still is or may be required and the principal is
 still under the control of a court, a new securing order must be issued.
 When the court revokes or otherwise terminates a  securing  order  which
 committed  the  principal to the custody of the sheriff, the court shall
 give written notification to the sheriff of such  revocation  or  termi-
 nation of the securing order.
   §  2. Paragraph (g) of subdivision 1 of section 510.30 of the criminal
 procedure law is amended by adding three new subparagraphs  (iii),  (iv)
 and (v) to read as follows:
   (III)  ANY  HISTORY  OF  PRIOR ACTS OF VIOLENCE OR THREATS OF VIOLENCE
 AGAINST A WITNESS IN THE PENDING CRIMINAL ACTION; AND
   (IV) ANY ORDER OF PROTECTION ISSUED BY ANY COURT AGAINST THE PRINCIPAL
 FOR THE PROTECTION OF A MEMBER OR MEMBERS OF THE SAME FAMILY  OR  HOUSE-
 HOLD  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
   (V)  ANY PRIOR ARREST OR CONVICTION FOR A CRIME OR VIOLATION AGAINST 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; AND
   § 3. Subdivision 1 of section 530.20 of the criminal procedure law, as
 amended  by section 16 of part JJJ of chapter 59 of the laws of 2019 and
 paragraph (b) as amended by section 3 of part UU of chapter  56  of  the
 laws of 2020, is amended to read as follows:
   1.  (a)  In  cases  other than as described in paragraph (b) OR (C) of
 this subdivision the court shall release the principal pending trial  on
 the  principal'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. 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.
   (b) Where the principal stands charged with a qualifying offense,  the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary  conditions,  fix  bail, or, where the defendant is charged

 S. 7342--A                          5
 
 with a qualifying offense which is a felony, the court  may  commit  the
 principal  to  the  custody  of the sheriff. The court shall explain its
 choice of release, release with conditions, bail or remand on the record
 or in writing. A principal stands charged with a qualifying offense when
 he or she stands charged with:
   (i)  a felony enumerated in section 70.02 of the penal law, other than
 robbery in the second degree as defined in subdivision  one  of  section
 160.10  of the penal law, provided, however, that burglary in the second
 degree as defined in subdivision two of section 140.25 of the penal  law
 shall  be  a qualifying offense only where the defendant is charged with
 entering the living area of the dwelling;
   (ii) a crime involving witness intimidation under  section  215.15  of
 the penal law;
   (iii) a crime involving witness tampering under section 215.11, 215.12
 or 215.13 of the penal law;
   (iv)  a  class  A  felony defined in the penal law, provided, that for
 class A felonies under article two hundred  twenty  of  such  law,  only
 class A-I felonies shall be a qualifying offense;
   (v) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the  penal  law, or a felony sex offense defined in section 70.80 of the
 penal law or a crime involving incest  as  defined  in  section  255.25,
 255.26  or  255.27  of such law, or a misdemeanor defined in article one
 hundred thirty of such law;
   (vi) conspiracy in the second degree as defined in section  105.15  of
 the  penal  law,  where the underlying allegation of such charge is that
 the defendant conspired to commit a class A felony  defined  in  article
 one hundred twenty-five of the penal law;
   (vii)  money laundering in support of terrorism in the first degree as
 defined in section 470.24 of the penal law; money laundering in  support
 of  terrorism  in  the second degree as defined in section 470.23 of the
 penal law; money laundering in support of terrorism in the third  degree
 as  defined  in  section  470.22  of  the penal law; money laundering in
 support of terrorism in the fourth degree as defined in  section  470.21
 of  the  penal law; or a felony crime of terrorism as defined in article
 four hundred ninety of the penal law, other than the  crime  defined  in
 section 490.20 of such law;
   (viii)  [criminal contempt in the second degree as defined in subdivi-
 sion three of section 215.50 of the penal law, criminal contempt in  the
 first degree as defined in subdivision (b), (c) or (d) of section 215.51
 of  the  penal law or aggravated criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a
 duly served order of protection where the protected party is a member of
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this article;
   (ix)]  facilitating  a sexual performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70  of  the  penal law, promoting an obscene sexual performance by a
 child as defined in section 263.10 of the penal law or promoting a sexu-
 al performance by a child as defined in section 263.15 of the penal law;
   [(x)] (IX) any crime that is alleged  to  have  caused  the  death  of
 another person;

 S. 7342--A                          6
 
   [(xi)]  (X)  criminal obstruction of breathing or blood circulation as
 defined in section 121.11 of the penal law, strangulation in the  second
 degree  as defined in section 121.12 of the penal law or unlawful impri-
 sonment in the first degree as defined in section 135.10  of  the  penal
 law,  and  is  alleged to have committed the offense against a member of
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this article;
   [(xii)]  (XI)  aggravated  vehicular  assault  as  defined  in section
 120.04-a of the penal law or vehicular assault in the  first  degree  as
 defined in section 120.04 of the penal law;
   [(xiii)]  (XII)  assault  in  the  third  degree as defined in section
 120.00 of the penal law or arson in  the  third  degree  as  defined  in
 section  150.10  of  the penal law, when such crime is charged as a hate
 crime as defined in section 485.05 of the penal law;
   [(xiv)] (XIII) aggravated assault upon a person less than eleven years
 old as defined in section 120.12 of the penal law or criminal possession
 of a weapon on school grounds as defined  in  section  265.01-a  of  the
 penal law;
   [(xv)]  (XIV)  grand larceny in the first degree as defined in section
 155.42 of the penal law, enterprise corruption  as  defined  in  section
 460.20  of  the  penal  law,  or money laundering in the first degree as
 defined in section 470.20 of the penal law;
   [(xvi)] (XV) failure to register as a sex offender pursuant to section
 one hundred sixty-eight-t of  the  correction  law  or  endangering  the
 welfare  of  a  child as defined in subdivision one of section 260.10 of
 the penal law, where the defendant is required to maintain  registration
 under  article  six-C of the correction law and designated a level three
 offender  pursuant  to  subdivision   six   of   section   one   hundred
 sixty-eight-l of the correction law;
   [(xvii)]  (XVI)  a  crime involving bail jumping under section 215.55,
 215.56 or 215.57 of the penal law, or a crime  involving  escaping  from
 custody under section 205.05, 205.10 or 205.15 of the penal law;
   [(xviii)]  (XVII)  any felony offense committed by the principal while
 serving a sentence of probation or while released to post release super-
 vision;
   [(xix)] (XVIII) a felony, where the defendant qualifies for sentencing
 on such charge as a persistent felony offender pursuant to section 70.10
 of the penal law; or
   [(xx)] (XIX) any felony or class A misdemeanor involving  harm  to  an
 identifiable  person  or  property, where such charge arose from conduct
 occurring while the defendant was released on his or  her  own  recogni-
 zance  or  released  under  conditions  for a separate felony or class A
 misdemeanor involving  harm  to  an  identifiable  person  or  property,
 provided,  however,  that  the  prosecutor must show reasonable cause to
 believe that the defendant committed the instant crime and any  underly-
 ing  crime. For the purposes of this subparagraph, any of the underlying
 crimes need not be a qualifying offense as defined in this subdivision.
   (C) WHERE THE PRINCIPAL STANDS CHARGED WITH A CRIME OR CRIMES  AGAINST
 A  MEMBER  OR  MEMBERS  OF  THE SAME FAMILY OR HOUSEHOLD AS THAT TERM IS
 DEFINED IN SUBDIVISION ONE OR SECTION 530.11 OF THIS ARTICLE, THE COURT,
 UNLESS OTHERWISE PROHIBITED BY LAW, MAY IN ITS  DISCRETION  RELEASE  THE
 PRINCIPAL  PENDING  TRIAL  ON  THE PRINCIPAL'S OWN RECOGNIZANCE OR UNDER
 NON-MONETARY CONDITIONS, FIX BAIL, OR COMMIT THE PRINCIPAL TO THE CUSTO-
 DY OF THE SHERIFF.
   (d) Notwithstanding the provisions of paragraphs (a) [and], (b)AND (C)
 of this subdivision, with respect to any charge for which bail or remand

 S. 7342--A                          7
 
 is not ordered, and for which the court would not or could not otherwise
 require bail or remand, a defendant may, at any time, request  that  the
 court  set  bail  in  a nominal amount requested by the defendant in the
 form  specified in paragraph (a) of subdivision one of section 520.10 of
 this title; if the court is satisfied that the request is voluntary, the
 court shall set such bail in such amount.
   § 4. Section 530.40 of the  criminal  procedure  law,  as  amended  by
 section 18 of part JJJ of chapter 59 of the laws of 2019 and subdivision
 4  as amended by section 4 of part UU of chapter 56 of the laws of 2020,
 is amended to read as follows:
 § 530.40 Order of recognizance, release under non-monetary conditions or
            bail; by superior court when action is pending therein.
   When a criminal action is pending in a  superior  court,  such  court,
 upon  application of a defendant, must or may order recognizance or bail
 as follows:
   1. When the defendant is charged with an offense or offenses  of  less
 than  felony  grade  only,  the court must, unless otherwise provided by
 law, order recognizance or  release  under  non-monetary  conditions  in
 accordance with this section.
   2.  When the defendant is charged with a felony, the court may, unless
 otherwise provided by law in its discretion, order recognizance, release
 under non-monetary conditions or, where authorized, bail.  In  any  such
 case  in  which  an indictment (a) has resulted from an order of a local
 criminal court holding the defendant for the action of the  grand  jury,
 or  (b)  was  filed  at a time when a felony complaint charging the same
 conduct was pending in a local criminal court, and in which  such  local
 criminal court or a superior court judge has issued an order of recogni-
 zance,  release under non-monetary conditions or, where authorized, bail
 which is still effective, the superior court's order may be in the  form
 of a direction continuing the effectiveness of the previous order.
   3. In cases other than as described in [subdivision] SUBDIVISIONS four
 AND  FIVE  of this section the court shall release the principal pending
 trial on the principal'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. 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. Where the principal stands charged with a qualifying  offense,  the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary  conditions,  fix  bail, or, where the defendant is charged
 with a qualifying offense which is a felony, the court  may  commit  the
 principal  to  the  custody  of the sheriff. The court shall explain its
 choice of release, release with conditions, bail or remand on the record
 or in writing. A principal stands charged with a qualifying offense  for
 the purposes of this subdivision when he or she stands charged with:
   (a)  a felony enumerated in section 70.02 of the penal law, other than
 robbery in the second degree as defined in subdivision  one  of  section
 160.10  of the penal law, provided, however, that burglary in the second
 degree as defined in subdivision two of section 140.25 of the penal  law
 shall  be  a qualifying offense only where the defendant is charged with
 entering the living area of the dwelling;

 S. 7342--A                          8
 
   (b) a crime involving witness intimidation under section 215.15 of the
 penal law;
   (c)  a  crime involving witness tampering under section 215.11, 215.12
 or 215.13 of the penal law;
   (d) a class A felony defined in the penal law, provided that for class
 A felonies under article two hundred twenty of such law, only class  A-I
 felonies shall be a qualifying offense;
   (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the  penal  law, or a felony sex offense defined in section 70.80 of the
 penal law or a crime involving incest  as  defined  in  section  255.25,
 255.26  or  255.27  of such law, or a misdemeanor defined in article one
 hundred thirty of such law;
   (f) conspiracy in the second degree as defined in  section  105.15  of
 the  penal  law,  where the underlying allegation of such charge is that
 the defendant conspired to commit a class A felony  defined  in  article
 one hundred twenty-five of the penal law;
   (g)  money  laundering  in support of terrorism in the first degree as
 defined in section 470.24 of the penal law; money laundering in  support
 of  terrorism  in  the second degree as defined in section 470.23 of the
 penal law; money laundering in support of terrorism in the third  degree
 as  defined  in  section  470.22  of  the penal law; money laundering in
 support of terrorism in the fourth degree as defined in  section  470.21
 of  the  penal law; or a felony crime of terrorism as defined in article
 four hundred ninety of the penal law, other than the  crime  defined  in
 section 490.20 of such law;
   (h)  [criminal contempt in the second degree as defined in subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
 the  penal  law  or  aggravated  criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a
 duly served order of protection where the protected party is a member of
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this article;
   (i)]  facilitating  a  sexual performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70  of  the  penal law, promoting an obscene sexual performance by a
 child as defined in section 263.10 of the penal law or promoting a sexu-
 al performance by a child as defined in section 263.15 of the penal law;
   [(j)] (I) any crime that is alleged to have caused the death of anoth-
 er person;
   [(k)] (J) criminal obstruction of breathing or  blood  circulation  as
 defined  in section 121.11 of the penal law, strangulation in the second
 degree as defined in section 121.12 of the penal law or unlawful  impri-
 sonment  in  the  first degree as defined in section 135.10 of the penal
 law, and is alleged to have committed the offense against  a  member  of
 the  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this article;
   [(l)] (K) aggravated vehicular assault as defined in section  120.04-a
 of  the penal law or vehicular assault in the first degree as defined in
 section 120.04 of the penal law;
   [(m)] (L) assault in the third degree as defined in section 120.00  of
 the  penal law or arson in the third degree as defined in section 150.10

 S. 7342--A                          9

 of the penal law, when such crime is charged as a hate crime as  defined
 in section 485.05 of the penal law;
   [(n)]  (M) aggravated assault upon a person less than eleven years old
 as defined in section 120.12 of the penal law or criminal possession  of
 a  weapon  on school grounds as defined in section 265.01-a of the penal
 law;
   [(o)] (N) grand larceny in the first  degree  as  defined  in  section
 155.42  of  the  penal  law, enterprise corruption as defined in section
 460.20 of the penal law, or money laundering  in  the  first  degree  as
 defined in section 470.20 of the penal law;
   [(p)]  (O)  failure  to register as a sex offender pursuant to section
 one hundred sixty-eight-t of  the  correction  law  or  endangering  the
 welfare  of  a  child as defined in subdivision one of section 260.10 of
 the penal law, where the defendant is required to maintain  registration
 under  article  six-C of the correction law and designated a level three
 offender  pursuant  to  subdivision   six   of   section   one   hundred
 sixty-eight-l of the correction law;
   [(q)]  (P) a crime involving bail jumping under section 215.55, 215.56
 or 215.57 of the penal law, or a crime involving escaping  from  custody
 under section 205.05, 205.10 or 205.15 of the penal law;
   [(r)]  (Q) any felony offense committed by the principal while serving
 a sentence of probation or while released to post release supervision;
   [(s)] (R) a felony, where the defendant qualifies  for  sentencing  on
 such charge as a persistent felony offender pursuant to section 70.10 of
 the penal law; or
   [(t)] (S) any felony or class A misdemeanor involving harm to an iden-
 tifiable person or property, where such charge arose from conduct occur-
 ring  while the defendant was released on his or her own recognizance or
 released under conditions for a separate felony or class  A  misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that  the  prosecutor  must  show  reasonable  cause to believe that the
 defendant committed the instant crime and any underlying crime. For  the
 purposes  of this subparagraph, any of the underlying crimes need not be
 a qualifying offense as defined in this subdivision.
   5. WHERE THE PRINCIPAL STANDS CHARGED WITH A CRIME OR CRIMES AGAINST A
 MEMBER OR MEMBERS OF THE SAME  FAMILY  OR  HOUSEHOLD  AS  THAT  TERM  IS
 DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS ARTICLE, THE COURT,
 UNLESS  OTHERWISE  PROHIBITED  BY LAW, MAY IN ITS DISCRETION RELEASE THE
 PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S  OWN  RECOGNIZANCE  OR  UNDER
 NON-MONETARY CONDITIONS, FIX BAIL, OR COMMIT THE PRINCIPAL TO THE CUSTO-
 DY OF THE SHERIFF.
   6.  Notwithstanding  the  provisions of subdivisions three [and] four,
 AND FIVE of this section, with respect to any charge for which  bail  or
 remand  is  not  ordered, and for which the court would not or could not
 otherwise require bail or remand, a defendant may, at any time,  request
 that  the  court set bail in a nominal amount requested by the defendant
 in the form specified in paragraph (a) of  subdivision  one  of  section
 520.10  of  this  title;  if  the court is satisfied that the request is
 voluntary, the court shall set such bail in such amount.
   [6.] 7. Notwithstanding the  provisions  of  subdivisions  two,  three
 [and]  four,  AND  FIVE  of this section, a superior court may not order
 recognizance, release under non-monetary conditions  or,  where  author-
 ized,  bail,  or  permit a defendant to remain at liberty pursuant to an
 existing order, after the defendant has been convicted of either: (a)  a
 class  A felony or (b) any class B or class C felony as defined in arti-
 cle one hundred thirty of the penal law committed  or  attempted  to  be

 S. 7342--A                         10

 committed  by  a  person eighteen years of age or older against a person
 less than eighteen years of age. In either case the court must commit or
 remand the defendant to the custody of the sheriff.
   [7.]  8.  Notwithstanding  the  provisions  of subdivisions two, three
 [and] four, AND FIVE of this section, a superior  court  may  not  order
 recognizance,  release  under  non-monetary conditions or, where author-
 ized, bail when the defendant is charged with a felony unless and  until
 the  district  attorney has had an opportunity to be heard in the matter
 and such court and counsel for the defendant have been furnished with  a
 report as described in subparagraph (ii) of paragraph (b) of subdivision
 two of section 530.20 of this article.
   §  5.  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.

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Senate Bill S7342A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2019-S7342 - Details

2019-S7342 - Summary

2019-S7342 - Sponsor Memo

2019-S7342 - Bill Text download pdf

co-Sponsors

2019-S7342A (ACTIVE) - Details

2019-S7342A (ACTIVE) - Summary

2019-S7342A (ACTIVE) - Sponsor Memo

2019-S7342A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7342A

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Sponsored By

Monica R. Martinez

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

Joseph P. Addabbo Jr.

2019-S7342 - Details

2019-S7342 - Summary

2019-S7342 - Sponsor Memo

2019-S7342 - Bill Text download pdf

co-Sponsors

Joseph P. Addabbo Jr.

2019-S7342A (ACTIVE) - Details

2019-S7342A (ACTIVE) - Summary

2019-S7342A (ACTIVE) - Sponsor Memo

2019-S7342A (ACTIVE) - Bill Text download pdf

Comments