Senate Bill S6861

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

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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2019-S6861 (ACTIVE) - Details

See Assembly Version of this Bill:
A9047
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §510.10, CP L
Versions Introduced in Other Legislative Sessions:
2021-2022: S1521, A1705
2023-2024: S905, A3573

2019-S6861 (ACTIVE) - Summary

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

2019-S6861 (ACTIVE) - Sponsor Memo

2019-S6861 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6861
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             November 20, 2019
                                ___________
 
 Introduced  by  Sen. TEDISCO -- 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 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.

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