senate Bill S7156

2019-2020 Legislative Session

Relates to the elimination of bail and providing for pretrial detention; repealer

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 09, 2020 referred to codes

Co-Sponsors

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S7156 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld §500.10 subs 21 & 22, §510.10 subs 3 - 5, Art 520, §530.60, amd CP L, generally; rpld Art 68, Ins L; amd §216, Judy L

S7156 (ACTIVE) - Summary

Provides for the elimination of cash bail and provides for pretrial detention; directs the office of court administration to prepare an annual report on pretrial release and detention outcomes.

S7156 (ACTIVE) - Sponsor Memo

S7156 (ACTIVE) - Bill Text download pdf


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

                                  7156

                            I N  S E N A T E

                             January 9, 2020
                               ___________

Introduced by Sens. MARTINEZ, GAUGHRAN, BROOKS -- 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 eliminating
  bail and providing for pretrial detention; to amend the judiciary law,
  in relation to an annual report  on  pretrial  release  and  detention
  outcomes;  and  to repeal certain provisions of the criminal procedure
  law and the insurance law relating to bail and bail bonds

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph  (viii) of paragraph (b) of subdivision 1 of
section 150.20 of the criminal procedure law, as added by section 1-a of
part JJJ of chapter 59 of the laws of 2019, is amended and a new subpar-
agraph (ix) is added, to read as follows:
  (viii) it reasonably appears to the officer,  based  on  the  observed
behavior  of  the individual in the present contact with the officer and
facts regarding the person's condition that indicates a sign of distress
to such a degree that the  person  would  face  harm  without  immediate
medical or mental health care, that bringing the person before the court
would  be  in  such person's interest in addressing that need; provided,
however, that before making the  arrest,  the  officer  shall  make  all
reasonable   efforts  to  assist  the  person  in  securing  appropriate
services[.]; AND
  (IX) THE PERSON IS UNLIKELY TO RETURN TO COURT ON THE RETURN  DATE  OF
AN  APPEARANCE TICKET FOR REASONS SPECIFIC TO THE FACTS OF THE CASE THAT
THE OFFICER CAN ARTICULATE IN THE INFORMATION OR MISDEMEANOR  COMPLAINT.
THESE  REASONS  CANNOT  RELY  SOLELY  ON  THE DEFENDANT'S PRIOR CRIMINAL
HISTORY OR PLACE OF RESIDENCE.
  § 2. Subdivisions 3-a, 4 and 5  of  section  500.10  of  the  criminal
procedure  law,  subdivision  3-a  as  added and subdivisions 4 and 5 as
amended by section 1-e of part JJJ of chapter 59 of the  laws  of  2019,
are amended and a new subdivision 6-a is added to read as follows:
  3-a. "Release under non-monetary conditions." A court releases a prin-
cipal under non-monetary conditions when, having acquired control over a
person, it authorizes the person to be at liberty during the pendency of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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