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Assembly Bill A1402

2023-2024 Legislative Session

Relates to allowing courts to consider a principal's threat to public safety when determining bail

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Archive: Last Bill Status - In Assembly Committee

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2023-A1402 (ACTIVE) - Details

Current Committee:
Assembly 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: A9027
2021-2022: A1027
2025-2026: A6343

2023-A1402 (ACTIVE) - Summary

Allows courts to consider whether a principal poses a current physical danger to the safety of any crime victim, person or the community when determining bail.

2023-A1402 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1402
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. BUTTENSCHON, JONES, STERN, THIELE, WALLACE, WOER-
   NER -- read once and referred to the Committee on Codes
 
 AN  ACT to amend the criminal procedure law, in relation to allowing the
   courts to consider a principal's threat to public safety  when  deter-
   mining bail

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision 1 of section 510.10 of
 the criminal procedure law, as amended by section 1 of subpart C of part
 UU of chapter 56 of the laws of 2022, is amended to read as follows:
   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 SUCH 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. In making its determination, the court must consider and
 take into account available information about the principal, including:
   § 2. The opening paragraph  of  paragraph  (a)  of  subdivision  1  of
 section 530.20 of the criminal procedure law, as amended by section 3 of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04737-01-3
 A. 1402                             2

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