Assembly Bill A5265

2021-2022 Legislative Session

Permits judicial discretion for dangerousness, extending the discovery period, permitting immediate bench warrants for failure to appear for hate crimes, places restrictions on appearance tickets

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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-A5265 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§510.10, 530.20, 530.40, 510.30, 245.10, 510.50 & 150.20, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: A11122
2023-2024: A3183

2021-A5265 (ACTIVE) - Summary

Permits judicial discretion based on dangerousness when issuing a securing order and allows for limited pre-trial detention upon such a determination; extends the time period for discovery from fifteen to forty-five days; permits the immediate issuance of a bench warrant for failure to appear for certain principals charged with hate crimes; places restrictions on when appearance tickets may be issued.

2021-A5265 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5265
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced by M. of A. REILLY -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend the criminal procedure law, in relation to permitting
   judicial discretion based on dangerousness  when  issuing  a  securing
   order,  extending the time period for discovery, permits the immediate
   issuance of a bench warrant for failure to appear for certain  princi-
   pals, and places restrictions on when appearance tickets may be issued
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 3 of  section  510.10  of  the  criminal
 procedure  law,  subdivision  1 as amended and subdivision 3 as added by
 section 2 of part JJJ of chapter 59 of the laws of 2019, are 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 THAT THE PRINCIPAL POSES A DANGER
 TO  A PERSON OR THE COMMUNITY. 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] AND in writing.
   3.  In  cases  other  than  as  described  in subdivision four of this
 section the court shall release the principal pending trial on the prin-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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