senate Bill S6153

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 12, 2021 referred to codes

Co-Sponsors

S6153 (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:
S7106

S6153 (ACTIVE) - Summary

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

S6153 (ACTIVE) - Sponsor Memo

S6153 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6153
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2021
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- 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. The opening paragraph and paragraphs (s) and (t) of  subdi-
 vision  4  of  section 510.10 of the criminal procedure law, the opening
 paragraph as amended and paragraphs (s) and (t) as added by section 2 of
 part UU of chapter 56 of the laws of 2020, are amended and a  new  para-
 graph (u) is added to read as follows:
   Where  the  principal  stands  charged  with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix bail, or, where the  defendant  is  charged
 with  a qualifying offense [which is a felony], the court may commit the
 principal to the custody of the sheriff. A principal stands charged with
 a qualifying offense for the purposes of this subdivision when he or she
 stands charged with:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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