assembly Bill A9047

2019-2020 Legislative Session

Relates to setting bail for defendants who pose a threat to public safety

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 10, 2020 referred to codes

Co-Sponsors

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A9047 (ACTIVE) - Details

See Senate Version of this Bill:
S6861
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §510.10, CP L
Versions Introduced in 2021-2022 Legislative Session:
A1705, S1521

A9047 (ACTIVE) - Summary

Relates to setting bail for dangerous defendants who pose a threat to public safety.

A9047 (ACTIVE) - Bill Text download pdf 


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9047

                          I N  A S S E M B L Y

                            January 10, 2020
                               ___________

Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
  Committee on Codes

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.
                                                           LBD14237-02-9