S T A T E O F N E W Y O R K
________________________________________________________________________
7067
2023-2024 Regular Sessions
I N A S S E M B L Y
May 10, 2023
___________
Introduced by M. of A. BUTTENSCHON -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to adding a
defendant's identifiable ties to the community, state, and/or county
to judges' considerations of whether to fix a securing order
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (i) and (j) of subdivision 1 of section 510.10
of the criminal procedure law, as added by section 1 of subpart C of
part UU of chapter 56 of the laws of 2022, are amended and a new para-
graph (k) is added to read as follows:
(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[.]; AND
(K) IF THE PRINCIPAL IS A DEFENDANT, WHETHER THE PRINCIPAL HAS TWO OR
MORE IDENTIFIABLE TIES TO THE COMMUNITY, STATE, AND/OR COUNTY, INCLUD-
ING, BUT NOT LIMITED TO:
(I) RESIDENCE;
(II) EMPLOYMENT;
(III) ENROLLMENT WITH AN EDUCATIONAL INSTITUTION;
(IV) IMMEDIATE FAMILY.
§ 2. Paragraphs (i) and (j) of subdivision 1 of section 510.30 of the
criminal procedure law, as amended by section 2 of subpart C of part UU
of chapter 56 of the laws of 2022, are amended and a new paragraph (k)
is added to read as follows:
(i) whether the charge is alleged to have caused serious harm to an
individual or group of individuals; [and]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11016-01-3
A. 7067 2
(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[.]; AND
(K) IF THE PRINCIPAL IS A DEFENDANT, WHETHER THE PRINCIPAL HAS TWO OR
MORE IDENTIFIABLE TIES TO THE COMMUNITY, STATE, AND/OR COUNTY, INCLUD-
ING, BUT NOT LIMITED TO:
(I) RESIDENCE;
(II) EMPLOYMENT;
(III) ENROLLMENT WITH AN EDUCATIONAL INSTITUTION;
(IV) IMMEDIATE FAMILY.
§ 3. Subparagraphs (ix) and (x) of paragraph (a) of subdivision 1 of
section 530.20 of the criminal procedure law, as amended by section 3 of
subpart C of part UU of chapter 56 of the laws of 2022, are amended and
a new subparagraph (xi) is added to read as follows:
(ix) whether the charge is alleged to have caused serious harm to an
individual or group of individuals; [and]
(x) 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[.]; AND
(XI) IF THE PRINCIPAL IS A DEFENDANT, WHETHER THE PRINCIPAL HAS TWO OR
MORE IDENTIFIABLE TIES TO THE COMMUNITY, STATE, AND/OR COUNTY, INCLUD-
ING, BUT NOT LIMITED TO:
(1) RESIDENCE;
(2) EMPLOYMENT;
(3) ENROLLMENT WITH AN EDUCATIONAL INSTITUTION;
(4) IMMEDIATE FAMILY.
§ 4. Paragraphs (i) and (j) of subdivision 3 of section 530.40 of the
criminal procedure law, as added by section 3 of subpart B of part UU of
chapter 56 of the laws of 2022, are amended and a new paragraph (k) is
added to read as follows:
(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[.]; AND
(K) IF THE PRINCIPAL IS A DEFENDANT, WHETHER THE PRINCIPAL HAS TWO OR
MORE IDENTIFIABLE TIES TO THE COMMUNITY, STATE, AND/OR COUNTY, INCLUD-
ING, BUT NOT LIMITED TO:
(I) RESIDENCE;
(II) EMPLOYMENT;
(III) ENROLLMENT WITH AN EDUCATIONAL INSTITUTION;
(IV) IMMEDIATE FAMILY.
§ 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.