assembly Bill A6536A

2021-2022 Legislative Session

Release of persons charged with certain crimes involving possession of a firearm on their own recognizance or under non-monetary conditions, bail or custody of the sheriff

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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

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to codes
Mar 27, 2021 print number 6536a
Mar 27, 2021 amend and recommit to codes
Mar 19, 2021 referred to codes

A6536 - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§510.10, 510.30, 530.20, 530.40 & 530.60, CP L

A6536 - Summary

Authorizes the court the discretion to release persons charged with certain crimes involving possession of a firearm on their own recognizance or under non-monetary conditions, fix bail, or commit the person to the custody of the sheriff.

A6536 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6536
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2021
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the criminal procedure law, in relation to authorizing
   the court the discretion  to  release  persons  charged  with  certain
   crimes  involving possession of a firearm on their own recognizance or
   under non-monetary conditions, fix bail, or commit the person  to  the
   custody of the sheriff
 
   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,  OR UNLESS OTHERWISE PROVIDED 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 determi-
 nation that the principal poses a risk of flight to  avoid  prosecution.
 If  such a finding is made, the court must, UNLESS OTHERWISE PROVIDED BY
 LAW, select the least restrictive alternative and  condition  or  condi-
 tions  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 in writing.
   § 2. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of  the
 criminal  procedure  law, as added by section 2 of part UU of chapter 56

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10391-02-1

Co-Sponsors

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A6536A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§510.10, 510.30, 530.20, 530.40 & 530.60, CP L

A6536A (ACTIVE) - Summary

Authorizes the court the discretion to release persons charged with certain crimes involving possession of a firearm on their own recognizance or under non-monetary conditions, fix bail, or commit the person to the custody of the sheriff.

A6536A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6536--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2021
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on  Codes  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the criminal procedure law, in relation  to  authorizing
   the  court  the  discretion  to  release  persons charged with certain
   crimes involving possession of a firearm on their own recognizance  or
   under  non-monetary  conditions, fix bail, or commit the person to the
   custody of the sheriff
 
   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, OR UNLESS OTHERWISE PROVIDED 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 determi-
 nation  that  the principal poses a risk of flight to avoid prosecution.
 If such a finding is made, the court must, UNLESS OTHERWISE PROVIDED  BY
 LAW,  select  the  least restrictive alternative and condition or condi-
 tions 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 in writing.
   §  2. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of the
 criminal procedure law, as added by section 2 of part UU of  chapter  56
 of  the  laws  of  2020, are amended and a new paragraph (u) is added to
 read as follows: