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Senate Bill S2030

2021-2022 Legislative Session

Ensures repeat offenders qualify for bail and pre-trial detention when the principal has been previously convicted of felony offenses

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2021-S2030 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in 2019-2020 Legislative Session:
S7205

2021-S2030 (ACTIVE) - Summary

Ensures repeat offenders qualify for bail and pre-trial detention when the principal has been convicted of one or more felony offenses within the immediate preceding ten years.

2021-S2030 (ACTIVE) - Sponsor Memo

2021-S2030 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2030
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure  law,  in  relation  to  ensuring
   repeat offenders qualify for bail and pre-trial detention
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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 chap-
 ter 56 of the laws of 2020, are amended and a new paragraph (u) is added
 to read as follows:
   (s)  a  felony,  where  the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, where such charge arose from conduct  occurring
 while  the  defendant  was  released  on  his or her own recognizance or
 released under conditions for a separate felony or class  A  misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that  the  prosecutor  must  show  reasonable  cause to believe that the
 defendant committed the instant crime and any underlying crime. For  the
 purposes  of this subparagraph, any of the underlying crimes need not be
 a qualifying offense as defined in this subdivision[.]; OR
   (U) ANY OTHER FELONY OFFENSE AND THE PRINCIPAL HAS BEEN  CONVICTED  OF
 ONE OR MORE FELONY OFFENSES WITHIN THE IMMEDIATE PRECEDING TEN YEARS.
   § 2. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of
 section 530.20 of the criminal procedure law, as amended by section 3 of
 part UU of chapter 56 of the laws of 2020, are amended and a new subpar-
 agraph (xxi) is added to read as follows:
   (xix)  a  felony, where the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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