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Senate Bill S7723

2019-2020 Legislative Session

Relates to creating crime of criminal circumvention of bail reform

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Archive: Last Bill Status - Stricken

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2019-S7723 (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Add §195.25, Pen L

2019-S7723 (ACTIVE) - Summary

Creates the crime of criminal circumvention of bail reform for when a public servant who represents the state strategize to inflate charges against an individual in order to evade bail reform.

2019-S7723 (ACTIVE) - Sponsor Memo

2019-S7723 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7723
 
                             I N  S E N A T E
 
                             February 11, 2020
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation  to  creating  the  crime  of
   criminal circumvention of bail reform
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The penal law is amended by adding a new section 195.25  to
 read as follows:
 § 195.25 CRIMINAL CIRCUMVENTION OF BAIL REFORM.
   A  PROSECUTOR, DISTRICT ATTORNEY, LAW ENFORCEMENT OFFICER OR ANY OTHER
 PUBLIC SERVANT WHO REPRESENTS THE STATE IN AN ACTION, INCLUDING, BUT NOT
 LIMITED TO, EMPLOYEES AND AGENTS, IS GUILTY OF CRIMINAL CIRCUMVENTION OF
 BAIL REFORM WHEN HE OR  SHE  KNOWINGLY  STRATEGIZE  TO  INFLATE  CHARGES
 AGAINST  AN INDIVIDUAL IN ORDER TO EVADE BAIL REFORM PROVISIONS PURSUANT
 TO PART JJJ OF CHAPTER FIFTY-NINE OF THE LAWS OF TWO THOUSAND  NINETEEN.
 FOR THE PURPOSES OF THIS SECTION:
   1.  "INFLATE CHARGES" SHALL MEAN WHEN A PROSECUTOR, DISTRICT ATTORNEY,
 LAW ENFORCEMENT OFFICER AND/OR ANY OTHER PUBLIC SERVANT  WHO  REPRESENTS
 THE  STATE  CHARGES AN INDIVIDUAL WITH A MORE SERIOUS CRIME THAN THE ONE
 SUCH INDIVIDUAL COMMITTED; AND
   2. "KNOWINGLY STRATEGIZE" SHALL INCLUDE, BUT NOT  BE  LIMITED  TO  THE
 HIRING  OF AN OUTSIDE INDEPENDENT CONTRACTOR TO ASSIST AND CREATE A PLAN
 AND/OR MECHANISMS TO INFLATE CHARGES AGAINST AN INDIVIDUAL.
   CRIMINAL CIRCUMVENTION OF BAIL REFORM IS A CLASS A MISDEMEANOR.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14947-01-0

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