Senate Bill S3836

                                
 
BILL NUMBER: S3836

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to immediate
enforcement of securing orders

 
PURPOSE:

To reinstate the discretion of judges to issue a bench warrant without
waiting 48 hours when a principal in a criminal action or proceeding
fails to appear for a scheduled court appearance

 
SUMMARY OF PROVISIONS:

Section 1: Repeals subdivision 2 of section 510.50 of the Criminal
Procedure Law, requiring judges to wait 48 hours before issuing a bench
warrant for a principal's failure to appear for a scheduled court
appearance.

              

Section 2: Provides the effective date.

 
EXISTING LAW:

If a principal in a criminal action or proceeding fails to appear for a
scheduled court appearance, unless the principal is charged with a new
crime while at liberty or one is able to produce evidence demonstrating
the principal's absence was willful, courts are required to provide the
principal or the principal's counsel with 48 hours notice that such
principal is required to appear before the court before issuing a bench
warrant.

 
JUSTIFICATION:

A major overhaul of the state's bail system was passed during the 2019-
2020 New York State Budget. While these reforms had laudable intentions,
the state needs to ensure that public safety remains its top priority
and must ensure that changes to the criminal justice system do not inad-
vertently put New Yorkers in harm's way.

The new law included a provision that expressly prohibits the courts
from immediately issuing a bench warrant following a defendant's absence
from a scheduled court hearing, instead requiring the court to provide
48 hours' notice of the need to appear to the defendant, or the defend-
ant's, counsel before the warrant can be issued.

Just over a week after the new bail laws took effect, a Cortland man who
had been indicted on 11 felony counts of possessing a sexual performance
by a child, and who had already pled guilty to one of the counts, failed
to appear for his scheduled court appearance. However, the judge was
unable to issue a bench warrant for the defendant for 48 hours due to
the new provisions, essentially giving the defendant two more days to
evade law enforcement.

When a defendant, particularly those accused of heinous crimes like
these, shows a disregard for required court appearances, every minute
counts to ensure the safety of the public. It is critical that judges
have the discretion to issue a bench warrant immediately if they deter-
mine that the individual may become a flight risk or poses a threat to
public safety. This bill would repeal that provision and restore judi-
cial discretion in these cases.

 
LEGISLATIVE HISTORY:

2020: S.7269 Referred to Codes

 
FISCAL IMPLICATIONS:  None.

 
EFFECTIVE DATE:
This act shall take effect immediately.