senate Bill S7269

2019-2020 Legislative Session

Relates to immediate enforcement of securing orders through issuance of a bench warrant when a defendant fails to appear

download bill text pdf

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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 15, 2020 referred to codes

Co-Sponsors

S7269 (ACTIVE) - Details

See Assembly Version of this Bill:
A9567
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §510.50, CP L

S7269 (ACTIVE) - Summary

Provides for the immediate enforcement of securing orders through issuance of a bench warrant when a defendant fails to appear for a scheduled appearance; removes 48 hour notice requirement.

S7269 (ACTIVE) - Sponsor Memo

S7269 (ACTIVE) - Bill Text download pdf


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

                                  7269

                            I N  S E N A T E

                            January 15, 2020
                               ___________

Introduced  by  Sen.  SERINO -- 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  immediate
  enforcement of securing orders

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

  Section 1. Section 510.50 of the criminal procedure law, as amended by
section 9 of part JJJ of chapter 59 of the laws of 2019, is  amended  to
read as follows:
§ 510.50 Enforcement of securing order.
  [1.] When the attendance of a principal confined in the custody of the
sheriff is required at the criminal action or proceeding at a particular
time  and  place,  the court may compel such attendance by directing the
sheriff to produce the principal at such time and place. If the  princi-
pal  is  at  liberty on the principal's own recognizance or non-monetary
conditions or on bail, the principal's attendance  may  be  achieved  or
compelled by various methods, including notification and the issuance of
a  bench warrant, prescribed by law in provisions governing such matters
with respect to the particular kind of action or proceeding involved.
  [2. Except when the principal is charged with a  new  crime  while  at
liberty, absent relevant, credible evidence demonstrating that a princi-
pal's  failure  to  appear for a scheduled court appearance was willful,
the court, prior to issuing a bench warrant for a failure to appear  for
a  scheduled  court appearance, shall provide at least forty-eight hours
notice to the principal or the principal's counsel that the principal is
required to appear, in order to give the  principal  an  opportunity  to
appear voluntarily.]
  § 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14812-01-0

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