assembly Bill A2616

2021-2022 Legislative Session

Adds certain offenses committed by a family member to the list of crimes qualifying for bail

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to codes
Jan 19, 2021 referred to codes


A2616 (ACTIVE) - Details

See Senate Version of this Bill:
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in 2019-2020 Legislative Session:
A9564, S6839

A2616 (ACTIVE) - Summary

Adds certain offenses committed by a family member to the list of crimes qualifying for bail.

A2616 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2021-2022 Regular Sessions
                           I N  A S S E M B L Y
                             January 19, 2021
 Introduced by M. of A. WOERNER, WALLACE, BUTTENSCHON, STERN -- read once
   and referred to the Committee on Codes
 AN  ACT  to  amend  the  criminal  procedure  law, in relation to adding
   certain offenses committed by a family member to the  list  of  crimes
   qualifying for bail

   Section 1. The opening paragraph and paragraphs (s) and (t) of  subdi-
 vision  4  of  section 510.10 of the criminal procedure law, the opening
 paragraph as amended and paragraphs (s) and (t) as added by section 2 of
 part UU of chapter 56 of the laws of 2020, are amended and a  new  para-
 graph (u) is added to read as follows:
   Where  the  principal  stands  charged  with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix bail, or, where the  defendant  is  charged
 with  a qualifying offense [which is a felony], the court may commit the
 principal to the custody of the sheriff. A principal stands charged with
 a qualifying offense for the purposes of this subdivision when he or she
 stands charged with:
   (s) a felony, where the defendant qualifies  for  sentencing  on  such
 charge  as a persistent felony offender pursuant to section 70.10 of the
 penal law; [or]
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person or property, where such charge arose from conduct occurring
 while the defendant was released on  his  or  her  own  recognizance  or
 released  under  conditions for a separate felony or class A misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that the prosecutor must show  reasonable  cause  to  believe  that  the
 defendant  committed the instant crime and any underlying crime. For the

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