Assembly Bill A4049

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4049
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the  criminal procedure law, in relation to bail and
   domestic violence charges
 
   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 1 of subpart C of part UU of  chapter  56  of
 the laws of 2022, 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  WHERE THE PRINCIPAL STANDS
 CHARGED WITH A CRIME OR CRIMES AGAINST A MEMBER OR MEMBERS OF  THE  SAME
 FAMILY  OR  HOUSEHOLD  AS  THAT  TERM  IS  DEFINED IN SUBDIVISION ONE OF
 SECTION 530.11 OF THIS TITLE.   If [such] a finding  is  made  THAT  THE
 PRINCIPAL  POSES  A  RISK OF FLIGHT TO AVOID PROSECUTION, 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:
   (a) The principal's activities and history;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05033-01-3
              

 A. 4049                             2
 
   (b) If the principal is a defendant, the charges facing the principal;
   (c) The principal's criminal conviction record if any;
   (d)  The  principal's  record  of  previous adjudication as a juvenile
 delinquent, as retained pursuant to section 354.1 of  the  family  court
 act,  or,  of  pending cases where fingerprints are retained pursuant to
 section 306.1 of such act, or a youthful offender, if any;
   (e) The principal's previous record with respect to  flight  to  avoid
 criminal prosecution;
   (f)  If monetary bail is authorized, according to the restrictions set
 forth in this title, the principal's individual financial circumstances,
 and, in cases where bail is authorized, the principal's ability to  post
 bail  without  posing  undue  hardship, as well as his or her ability to
 obtain a secured, unsecured, or partially secured bond;
   (g) Any violation by the principal of an order of protection issued by
 any court;
   (h) The principal's history of use or possession of a firearm;
   (i) Whether the charge is alleged to have caused serious  harm  to  an
 individual or group of individuals; [and]
   (j) If the principal is a defendant, in the case of an application for
 a  securing  order  pending  appeal,  the  merit or lack of merit of the
 appeal[.];
   (K) ANY HISTORY OF PRIOR ACTS  OF  VIOLENCE  OR  THREATS  OF  VIOLENCE
 AGAINST A WITNESS IN THE PENDING CRIMINAL ACTION;
   (L)  ANY ORDER OF PROTECTION ISSUED BY ANY COURT AGAINST THE PRINCIPAL
 FOR THE PROTECTION OF A MEMBER OR MEMBERS OF THE SAME FAMILY  OR  HOUSE-
 HOLD  AS  THAT  TERM  IS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF
 THIS TITLE, WHETHER OR NOT SUCH ORDER IS CURRENTLY IN EFFECT; AND
   (M) ANY PRIOR ARREST OR CONVICTION FOR A CRIME OR VIOLATION AGAINST  A
 MEMBER  OR  MEMBERS  OF  THE  SAME  FAMILY  OR HOUSEHOLD AS THAT TERM IS
 DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.