Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 19, 2022 |
referred to codes |
Assembly Bill A9949
2021-2022 Legislative Session
Sponsored By
GRIFFIN
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
Actions
co-Sponsors
Steve Stern
Carrie Woerner
Stacey Pheffer Amato
Fred Thiele
2021-A9949 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§510.10, 530.20 & 530.40, CP L
2021-A9949 (ACTIVE) - Bill Text download pdf
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
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