S T A T E O F N E W Y O R K
________________________________________________________________________
10247
I N A S S E M B L Y
May 13, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Ra) -- read
once and referred to the Committee on Codes
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 immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08007-01-1
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