senate Bill S7530

2019-2020 Legislative Session

Restores judicial discretion relating to bail reform; repealer

download bill text pdf

Sponsored By

Archive: Last 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 23, 2020 referred to codes

Co-Sponsors

S7530 (ACTIVE) - Details

See Assembly Version of this Bill:
A9885
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§500.10, 510.10, 510.20, 510.30, 510.45, 530.20 & 530.40, rpld §510.45 sub 3 ¶(b), §530.20 sub 1 ¶(b), CP L
Versions Introduced in 2021-2022 Legislative Session:
S3310, A6933

S7530 (ACTIVE) - Summary

Restores judicial discretion relating to bail reform; provides that when the defendant is charged with a felony, the court shall request of the applicable county pre-trial services agency a risk and needs assessment be conducted on the eligible defendant for the purpose of determining whether such defendant should be released on the defendant's own recognizance, released under non-monetary conditions or, where authorized, bail or commit the defendant to the custody of the sheriff; defines risks and needs assessment; makes related provisions.

S7530 (ACTIVE) - Sponsor Memo

S7530 (ACTIVE) - Bill Text download pdf


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

                                  7530

                            I N  S E N A T E

                            January 23, 2020
                               ___________

Introduced  by Sen. GALLIVAN -- 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 bail  reform;
  and to repeal certain provisions of such law relating thereto

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

  Section 1. Section 500.10 of the criminal procedure law is amended  by
adding a new subdivision 23 to read as follows:
  23.  "RISK  AND  NEEDS  ASSESSMENT"  MEANS A RISK AND NEEDS ASSESSMENT
INSTRUMENT, APPROVED BY THE CHIEF ADMINISTRATIVE JUDGE  OF  THE  UNIFIED
COURT  SYSTEM.  SUCH  APPROVED ASSESSMENT INSTRUMENT SHALL BE OBJECTIVE,
STANDARDIZED AND DEVELOPED BASED ON ANALYSIS OF EMPIRICAL DATA AND  RISK
FACTORS  RELEVANT TO THE PRINCIPAL'S DANGER TO THE COMMUNITY AND RISK OF
FAILURE OF A PRINCIPAL TO APPEAR. SUCH  APPROVED  ASSESSMENT  INSTRUMENT
SHALL  NOT  BE  DISCRIMINATORY  BASED ON RACE, NATIONAL ORIGIN, SEX, ANY
OTHER PROTECTED CLASS OR SOCIOECONOMIC STATUS.
  § 2. 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:
§ 510.10 Securing order; when required; alternatives available; standard
           to be applied.
  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] REQUEST OF THE APPLICABLE COUNTY PRE-TRIAL
SERVICES AGENCY THAT A RISK AND NEEDS ASSESSMENT  BE  CONDUCTED  ON  THE
ELIGIBLE  PRINCIPAL  AND SUCH COURT SHALL TAKE INTO ACCOUNT THE RISK AND
NEEDS ASSESSMENT, BUT SUCH ASSESSMENT SHALL NOT BE THE  SOLE  DETERMINA-
TIVE  FACTOR,  FOR  THE  PURPOSE  OF  DETERMINING WHETHER SUCH PRINCIPAL
SHOULD BE RELEASED on the principal's  own  recognizance,  [release  the
principal] RELEASED 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

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

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