Senate Bill S6355

2021-2022 Legislative Session

Relates to controlled substance offenses qualifying for bail and allows courts to consider the risk of continued substance abuse

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S6355 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§510.10, 530.20, 530.40, 510.30 & 140.20, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7649
2023-2024: S8565

2021-S6355 (ACTIVE) - Summary

Qualifies controlled substance offenses for bail; allows police officers and courts to consider the risk of continued substance abuse and likelihood of serious harm to the principal when considering committing such principal to the custody of the sheriff.

2021-S6355 (ACTIVE) - Sponsor Memo

2021-S6355 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6355
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 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  controlled
   substance offenses qualifying for bail and allowing courts to consider
   the risk of continued substance abuse

   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 (a), (d), (s) and  (t)
 of  subdivision  4  of section 510.10 of the criminal procedure law, the
 opening paragraph and paragraphs (a) and (d) 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  paragraph  (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:
   (a) a felony enumerated in section 70.02 of the penal law[, other than
 robbery in the second degree as defined in subdivision  one  of  section
 160.10  of the penal law, provided, however, that burglary in the second
 degree as defined in subdivision two of section 140.25 of the penal  law
 shall  be  a qualifying offense only where the defendant is charged with
 entering the living area of the dwelling];
   (d) a class A felony AS defined in the penal law[, provided  that  for
 class A felonies under article two hundred twenty of the penal law, only
 class A-I felonies shall be a qualifying offense];
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11026-01-1
              

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