NY State Senate Bill 2019-S8233

Senate Bill S8233

2019-2020 Legislative Session

Relates to offenses for which a court may fix bail or commit a principal to custody of the sheriff

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 27, 2020	referred to codes

2019-S8233 (ACTIVE) - Details

See Assembly Version of this Bill:: A10269
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2615, A3761
2023-2024: S2523
2025-2026: S578

2019-S8233 (ACTIVE) - Summary

Authorizes a court to set bail or commit a principal to custody where the principal has been designated a sex offender.

2019-S8233 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8233

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to offenses for
which a court may fix bail or commit a principal to custody of the sher-
iff

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to allow courts to fix bail or commit a
principal to custody of the sheriff on offenses committed by sex offen-
ders.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the law to add that under control of the
court for future offenses or pending trial, if the principal has been
designated a sex offender under article six-6 of the correction law, the
court has the discretion to fix bail or commit the principal to custody

of the sheriff.

Section 2 of the bill adds that under all other circumstances, if the
principal has been designated a sex offender under article six-6 of the
correction law, the court has the discretion to fix bail or commit the
principal to custody of the sheriff.

Section 3 states that the court shall explain its determination in writ-
ing.

Section 3 states that this act shall take on the thirtieth day after it
shall have become a law.

 
JUSTIFICATION:

This act is in response to the bail reform that passed and has allowed
sexual predators to be freely released into our communities after
committing crimes. In the best interest of the safety of New York resi-
dents, this bill aims to give discretion back to the judicial system
when an individual commits a crime and was previously designated as a
sex offender. Sex offenders should not just to be automatic releases
back into our communities. Our judges should be able to make the deter-
mination if this individual should be released or held on bail.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take on the thirtieth day after it shall have become a
law.

2019-S8233 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8233
 
                             I N  S E N A T E
 
                              April 27, 2020
                                ___________
 
 Introduced  by  Sen. HELMING -- 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 offenses  for
   which  a  court  may  fix bail or commit a principal to custody of the
   sheriff
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivisions  1  and  3 of section 510.10 of the criminal
 procedure law, subdivision 1 as amended and subdivision 3  as  added  by
 section  2 of part JJJ of chapter 59 of the laws of 2019, are 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:   (A) the principal
 poses a risk of flight to avoid prosecution; OR (B) THAT  THE  PRINCIPAL
 HAS BEEN DESIGNATED A SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION
 LAW. If such a finding is made, the court must select the least restric-
 tive 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.
   3.  In  cases  other  than  as  described  in subdivision four of this
 section the court shall release the principal pending trial on the prin-
 cipal's own recognizance, unless the court finds on  the  record  or  in
 writing  that:  (A) release on the principal's own recognizance will not
 reasonably assure the principal's return to court; OR (B) THAT THE PRIN-
 CIPAL HAS BEEN DESIGNATED A SEX OFFENDER  UNDER  ARTICLE  SIX-C  OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16096-01-0

 S. 8233                             2
 
 CORRECTION LAW. In such instances, the court shall release the principal
 under  non-monetary conditions, selecting the least restrictive alterna-
 tive and conditions that will reasonably assure the  principal's  return
 to  court;  PROVIDED, HOWEVER, WHERE THE PRINCIPAL HAS BEEN DESIGNATED A
 SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW, THE COURT MAY IN
 ITS DISCRETION FIX BAIL OR COMMIT THE PRINCIPAL TO THE  CUSTODY  OF  THE
 SHERIFF.  The  court  shall explain its [choice of alternative] DETERMI-
 NATION and conditions on the record or in writing.
   § 2. Paragraph (a) of subdivision 1 of section 530.20 of the  criminal
 procedure  law,  as added by section 16 of part JJJ of chapter 59 of the
 laws of 2019, is amended to read as follows:
   (a) In cases other than as described in paragraph (b) of this subdivi-
 sion the court shall release the principal pending trial on the  princi-
 pal's own recognizance, unless the court finds on the record or in writ-
 ing  that:  (A)  release  on  the  principal's own recognizance will not
 reasonably assure the principal's return to court; OR (B) THAT THE PRIN-
 CIPAL HAS BEEN DESIGNATED A SEX OFFENDER  UNDER  ARTICLE  SIX-C  OF  THE
 CORRECTION LAW. In such instances, the court shall release the principal
 under  non-monetary conditions, selecting the least restrictive alterna-
 tive and conditions that will reasonably assure the  principal's  return
 to  court;  PROVIDED, HOWEVER, WHERE THE PRINCIPAL HAS BEEN DESIGNATED A
 SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW, THE COURT MAY IN
 ITS DISCRETION FIX BAIL OR COMMIT THE PRINCIPAL TO THE  CUSTODY  OF  THE
 SHERIFF.  The  court  shall explain its [choice of alternative] DETERMI-
 NATION and conditions on the record or in writing.
   § 3. Subdivision 3 of 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:
   3.  In  cases  other  than  as  described  in subdivision four of this
 section the court shall release the principal pending trial on the prin-
 cipal's own recognizance, unless the court finds on  the  record  or  in
 writing  that:  (A) release on the principal's own recognizance will not
 reasonably assure the principal's return to court; OR (B) THAT THE PRIN-
 CIPAL HAS BEEN DESIGNATED A SEX OFFENDER  UNDER  ARTICLE  SIX-C  OF  THE
 CORRECTION LAW. In such instances, the court shall release the principal
 under  non-monetary conditions, selecting the least restrictive alterna-
 tive and conditions that will reasonably assure the  principal's  return
 to  court; HOWEVER, WHERE THE PRINCIPAL HAS BEEN DESIGNATED A SEX OFFEN-
 DER UNDER ARTICLE SIX-C OF THE CORRECTION LAW,  THE  COURT  MAY  IN  ITS
 DISCRETION  FIX BAIL OR COMMIT THE PRINCIPAL TO THE CUSTODY OF THE SHER-
 IFF. The court shall explain its [choice of  alternative]  DETERMINATION
 and conditions on the record or in writing.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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