senate Bill S6840

2019-2020 Legislative Session

Relates to setting bail for defendants that pose a current physical threat to public safety

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Sponsored By

Current Bill Status - In Senate Committee Codes Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
Nov 08, 2019 referred to rules

Co-Sponsors

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S6840 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §510.10, CP L

S6840 (ACTIVE) - Summary

Relates to setting bail for defendants that pose a current physical threat to public safety.

S6840 (ACTIVE) - Sponsor Memo

S6840 (ACTIVE) - Bill Text download pdf


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

                                  6840

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            November 8, 2019
                               ___________

Introduced  by Sens. SERINO, GALLIVAN -- 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 that 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 OR IT IS DEMONSTRATED AND THE  COURT
MAKES AN INDIVIDUALIZED DETERMINATION THAT THE PRINCIPAL POSES A CURRENT
PHYSICAL  DANGER TO THE SAFETY OF ANY CRIME VICTIM, PERSON OR THE COMMU-
NITY. [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. 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.
                                                           LBD13954-03-9

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