senate Bill S6947

2021-2022 Legislative Session

Relates to setting bail for defendants that pose a current physical threat to public safety

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 04, 2022 reported and committed to finance
Mar 17, 2022 notice of committee consideration - requested
Jan 05, 2022 referred to codes
May 20, 2021 referred to codes

Votes

view votes

May 2, 2022 - Codes committee Vote

S6947
5
6
committee
5
Aye
6
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 2, 2022

aye wr (2)

Co-Sponsors

view additional co-sponsors

S6947 (ACTIVE) - Details

See Assembly Version of this Bill:
A10247
Current Committee:
Senate Finance
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §510.10, CP L
Versions Introduced in 2019-2020 Legislative Session:
S6840

S6947 (ACTIVE) - Summary

Relates to setting bail for defendants that pose a current physical threat to public safety.

S6947 (ACTIVE) - Sponsor Memo

S6947 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6947
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced by Sens. SERINO, AKSHAR, BORRELLO, GALLIVAN, HELMING, JORDAN,
   O'MARA,  ORTT, RITCHIE, TEDISCO -- 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 setting  bail
   for defendants that pose a threat to public safety

   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. 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 the principal poses a
 risk of flight to avoid prosecution OR IT IS DEMONSTRATED AND THE  COURT
 MAKES AN INDIVIDUALIZED DETERMINATION THAT THE PRINCIPAL POSES A CURRENT
 PHYSICAL  DANGER TO THE SAFETY OF ANY CRIME VICTIM, PERSON OR THE COMMU-
 NITY. [If such a finding is  made,  the  court  must  select  the  least
 restrictive alternative and condition or conditions that will reasonably
 assure  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.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08007-01-1

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