S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1705
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M. of A. SANTABARBARA, BARNWELL, JONES, THIELE, BUTTENS-
   CHON, ABBATE -- read once and referred to the Committee on Codes
 
 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 immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04305-01-1