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