senate Bill S3842

2021-2022 Legislative Session

Adds certain offenses committed by a family member to the list of crimes qualifying for bail

download bill text pdf

Sponsored By

Archive: Last 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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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to codes
Jan 31, 2021 referred to codes


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S3842 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6839, A9564
2023-2024: S4484

S3842 (ACTIVE) - Summary

Adds certain offenses committed by a family member to the list of crimes qualifying for bail.

S3842 (ACTIVE) - Sponsor Memo

S3842 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2021-2022 Regular Sessions
                             I N  S E N A T E
                             January 31, 2021
   O'MARA,  ORTT,  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  adding
   certain  offenses  committed  by a family member to the list of crimes
   qualifying for bail
   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

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


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