assembly Bill A5441

2021-2022 Legislative Session

Relates to recognizance procedures and bail reform; repealer

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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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 16, 2021 referred to codes

Co-Sponsors

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Multi-Sponsors

A5441 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld §500.10 subs 8-19, Arts 520 & 540, §§530.80, 570.38 & 570.42, §420.10 sub 1 ¶(e), amd CP L, generally; rpld §71 subs 1-a & 4, §72 subs 1-a & 1-b, §74-a, amd §§70, 70-a, 72, 73, 74, 80, 81, 83 & 84, Gen Bus L; rpld §1107 sub§ (a), Art 68, amd §1107, Ins L; rpld §212 sub 2 ¶(j), §753 sub A ¶2, amd §§481 & 798, Judy L; rpld §§215.55, 215.56 & 215.57, Pen L

A5441 (ACTIVE) - Summary

Relates to recognizance procedures and bail reform; repeals certain provisions relating thereto.

A5441 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5441
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M.  of  A.  QUART,  ROZIC,  SIMON, BARRON, KIM, HYNDMAN,
   SEAWRIGHT, COOK, GLICK, HUNTER, TAYLOR,  LAVINE,  RODRIGUEZ,  DICKENS,
   DILAN,  STIRPE,  CARROLL,  VANEL,  BENEDETTO,  PEOPLES-STOKES, WEPRIN,
   HEVESI,    DE LA ROSA,    PRETLOW,    ABINANTI,     BICHOTTE HERMELYN,
   PHEFFER AMATO,  JOYNER,  NIOU, ENGLEBRIGHT, WALKER, OTIS, GALEF, GOTT-
   FRIED, L. ROSENTHAL -- Multi-Sponsored by -- M. of A. EPSTEIN, LUPARDO
   -- read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, the  general  business  law,
   the  insurance  law and the judiciary law, in relation to recognizance
   procedures and bail reform; and to repeal certain provisions  of  such
   laws and of the penal law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The purpose of this legislation  is  to
 reform  the  process  by  which courts in the state of New York evaluate
 applications by criminal defendants who seek release on their own recog-
 nizance. New York's current bail statute has been applied  in  a  manner
 that  has  led  to  unsatisfactory  levels  of  pre-trial detention. The
 purpose of this legislation is to ensure decarceration  and  release  of
 criminal  cases  by  applying  a rebuttable presumption of recognizance.
 Courts in New York must consider only admissible  evidence  at  recogni-
 zance  hearings  and must apply the least restrictive measures to ensure
 an individual's return to court.
   § 2. The title heading of title P of the  criminal  procedure  law  is
 amended to read as follows:
                    PROCEDURES FOR SECURING ATTENDANCE
                    AT CRIMINAL ACTIONS AND PROCEEDINGS
                     OF DEFENDANTS AND WITNESSES UNDER
                     CONTROL OF COURT--RECOGNIZANCE[,
                           BAIL] AND COMMITMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07046-02-1