Assembly Bill A2604

2021-2022 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

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A2604 (ACTIVE) - Details

See Senate Version of this Bill:
S3836
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §510.50, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9567, S7269
2023-2024: S6065

2021-A2604 (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.

2021-A2604 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2604
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced by M. of A. WOERNER, WALLACE, STERN, BUTTENSCHON -- read once
   and referred 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.
                                                            LBD01256-01-1

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