Assembly Bill A9949

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9949
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced by M. of A. GRIFFIN, STERN, WOERNER, PHEFFER AMATO, THIELE --
   read once and referred to the Committee on Codes
 
 AN  ACT to amend the criminal procedure law, in relation to setting bail
   for certain defendants with open misdemeanor charges
 
   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.  (A)  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:
   (I) the principal poses a risk of flight to avoid prosecution[.]; OR
   (II) THE PRINCIPAL HAS AT LEAST THREE OR MORE OPEN MISDEMEANOR CHARGES
 THAT A COURT COULD HAVE FIXED BAIL FOR BUT  DETERMINED  TO  RELEASE  THE
 PRINCIPAL ON HIS OR HER OWN RECOGNIZANCE.
   (B)  If [such] a finding is made PURSUANT TO SUBPARAGRAPH (I) OF PARA-
 GRAPH (A) OF THIS SUBDIVISION, the court must select the least  restric-
 tive  alternative  and  condition  or  conditions  that  will reasonably
 [assure] ENSURE the principal's return to court.
   IF A FINDING IS MADE PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF
 THIS SUBDIVISION, THE COURT MAY FIX  BAIL  PURSUANT  TO  THIS  TITLE  OR
 SELECT  THE  LEAST  RESTRICTIVE  ALTERNATIVE AND CONDITION OR CONDITIONS
 THAT WILL REASONABLY ENSURE 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15016-01-2
              

 A. 9949                             2
 
   § 2. Paragraph (a) of subdivision 1 of section 530.20 of the  criminal
 procedure  law,  as added by section 16 of part JJJ of chapter 59 of the
 laws of 2019, is amended to read as follows:
   (a) In cases other than as described in paragraph (b) of this subdivi-
 sion  the court shall release the principal pending trial on the princi-
 pal's own recognizance, unless the court finds on the record or in writ-
 ing that release on the principal's own recognizance will not reasonably
 assure the principal's return to court OR THE  PRINCIPAL  HAS  AT  LEAST
 THREE  OR  MORE  OPEN  MISDEMEANOR CHARGES THAT A COURT COULD HAVE FIXED
 BAIL FOR BUT DETERMINED TO RELEASE THE  PRINCIPAL  ON  HIS  OR  HER  OWN
 RECOGNIZANCE.  In  such instances, the court shall release the principal
 under non-monetary conditions, selecting the least restrictive  alterna-
 tive  and  conditions that will reasonably assure the principal's return
 to court, OR IF A FINDING IS MADE THAT THE PRINCIPAL HAS AT LEAST  THREE
 OR MORE OPEN MISDEMEANOR CHARGES THE COURT MAY FIX BAIL PURSUANT TO THIS
 TITLE.  The court shall explain its choice of alternative and conditions
 on the record or in writing.
   § 3. Subdivision 3 of section 530.40 of the criminal procedure law, as
 amended by section 18 of part JJJ of chapter 59 of the laws of 2019,  is
 amended to read as follows:
   3.  In  cases  other  than  as  described  in subdivision four of this
 section the court shall release the principal pending trial on the prin-
 cipal's own recognizance, unless the court finds on  the  record  or  in
 writing  that  release  on  the  principal's  own  recognizance will not
 reasonably assure the principal's return to court OR THE  PRINCIPAL  HAS
 AT  LEAST THREE OR MORE OPEN MISDEMEANOR CHARGES THAT A COURT COULD HAVE
 FIXED BAIL FOR BUT DETERMINED TO RELEASE THE PRINCIPAL ON HIS OR HER OWN
 RECOGNIZANCE. In such instances, the court shall release  the  principal
 under  non-monetary conditions, selecting the least restrictive alterna-
 tive and conditions that will reasonably assure the  principal's  return
 to  court, OR IF A FINDING IS MADE THAT THE PRINCIPAL HAS AT LEAST THREE
 OR MORE OPEN MISDEMEANOR CHARGES THE COURT MAY FIX BAIL PURSUANT TO THIS
 TITLE. The court shall explain its choice of alternative and  conditions
 on the record or in writing.
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.