NY State Assembly Bill 2023-A9708

Assembly Bill A9708

2023-2024 Legislative Session

Requires courts to consider whether an individual poses a risk or threat of physical danger to the safety of any person or the community when imposing a securing order

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Current Bill Status - In Assembly 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 03, 2024	referred to codes

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2023-A9708 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 530.20, 530.40, 150.20, 530.60 & 510.30, CP L

2023-A9708 (ACTIVE) - Summary

Requires courts to consider whether an individual poses a risk or threat of physical danger to the safety of any person or the community when imposing a securing order; makes stalking in the second and third degree a qualifying offense; makes related provisions.

2023-A9708 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9708
 
                           I N  A S S E M B L Y
 
                               April 3, 2024
                                ___________
 
 Introduced  by  M.  of  A.  REILLY,  JENSEN,  TANNOUSIS -- read once and
   referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  requiring
   courts  to  consider  whether  an individual poses a risk or threat of
   physical danger to the safety of any  person  or  the  community  when
   imposing  a  securing  order  and  making  certain  crimes  qualifying
   offenses
 
   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 2 of subpart A of part
 VV of chapter 56 of the laws of 2023, 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 impose a securing order in accordance with this  title.
 Except as otherwise required by law, the court shall make an individual-
 ized  determination  as to whether the principal  POSES A RISK OR THREAT
 OF PHYSICAL DANGER TO THE SAFETY OF ANY PERSON OR THE COMMUNITY AND MAKE
 AN INDIVIDUALIZED DETERMINATION AS TO WHETHER THE PRINCIPAL poses a risk
 of flight to avoid prosecution[,]. THE COURT SHALL consider the kind and
 degree of control or restriction  necessary  to  reasonably  assure  the
 principal's return to court AND THE SAFETY OF ANY PERSON OR THE COMMUNI-
 TY,  and select a securing order consistent with its determination under
 this subdivision. The court shall explain the  basis  for  its  determi-
 nation  and its choice of securing order on the record or in writing. In
 making a determination under this subdivision, the court  must  consider
 and take into account available information about the principal, includ-
 ing:
   §  2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
 criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
 added  by section 2 of subpart B of part UU of chapter 56 of the laws of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14968-02-4
 A. 9708                             2
 
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 [his or her] SUCH DEFENDANT'S own recognizance,  released  under  condi-
 tions,  or  had yet to be arraigned after the issuance of a desk appear-
 ance ticket for a separate felony or class A misdemeanor involving  harm
 to  an  identifiable  person  or  property,  or  any  charge of criminal
 possession of a firearm as defined in section 265.01-b of the penal law,
 provided, however, that the prosecutor must  show  reasonable  cause  to
 believe  that the defendant committed the instant crime and any underly-
 ing crime. For the purposes of this subparagraph, any of the  underlying
 crimes  need not be a qualifying offense as defined in this subdivision.
 For the purposes of this paragraph, "harm to an identifiable  person  or
 property"  shall  include  but  not  be limited to theft of or damage to
 property. However, based upon a review of the facts alleged in the accu-
 satory instrument, if the court determines that such theft is negligible
 and does not appear to be in furtherance of other criminal activity, the
 principal shall be released on [his or her] SUCH PRINCIPAL'S own  recog-
 nizance or under appropriate non-monetary conditions; [or]
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the  penal  law[.];
 OR
   (V)  STALKING IN THE SECOND DEGREE AS DEFINED IN SECTION 120.55 OF THE
 PENAL LAW AND STALKING IN THE THIRD DEGREE AS DEFINED IN SECTION  120.50
 OF THE PENAL LAW.
   § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
 section  530.20  of  the  criminal  procedure  law, subparagraph (xx) as
 amended and subparagraph (xxi) as added by section 4  of  subpart  C  of
 part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
 agraph (xxii) is added to read as follows:
   (xx)  any felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b  of the penal law where such
 charge arose from conduct occurring while the defendant was released  on
 [his  or  her]  SUCH DEFENDANT'S own recognizance, released under condi-
 tions, or had yet to be arraigned after the issuance of a  desk  appear-
 ance  ticket 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  purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  [his  or  her]  SUCH PRINCIPAL'S own recognizance or under
 appropriate non-monetary conditions; [or]
   (xxi) criminal possession of a weapon in the third degree  as  defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of  a  firearm  to  a  minor  as  defined in section 265.16 of the penal
 law[.]; OR
   (XXII) STALKING IN THE SECOND DEGREE AS DEFINED IN SECTION  120.55  OF
 THE  PENAL  LAW  AND  STALKING IN THE THIRD DEGREE AS DEFINED IN SECTION
 120.50 OF THE PENAL LAW.
 A. 9708                             3
 
   § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of  the
 criminal  procedure  law,  paragraph (t) as amended and paragraph (u) as
 added by section 4 of subpart B of part UU of chapter 56 of the laws  of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 [his  or  her]  SUCH DEFENDANT'S own recognizance, released under condi-
 tions, or had yet to be arraigned after the issuance of a  desk  appear-
 ance  ticket for a separate felony or class A misdemeanor involving harm
 to an identifiable  person  or  property,  or  any  charge  of  criminal
 possession of a firearm as defined in section 265.01-b of the penal law,
 provided,  however,  that  the  prosecutor must show reasonable cause to
 believe that the defendant committed the instant crime and any  underly-
 ing  crime. For the purposes of this subparagraph, any of the underlying
 crimes need not be a qualifying offense as defined in this  subdivision.
 For  the  purposes of this paragraph, "harm to an identifiable person or
 property" shall include but not be limited to  theft  of  or  damage  to
 property. However, based upon a review of the facts alleged in the accu-
 satory instrument, if the court determines that such theft is negligible
 and does not appear to be in furtherance of other criminal activity, the
 principal  shall be released on [his or her] SUCH PRINCIPAL'S own recog-
 nizance or under appropriate non-monetary conditions; [or]
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a  firearm  to a minor as defined in section 265.16 of the penal law[.];
 OR
   (V) STALKING IN THE SECOND DEGREE AS DEFINED IN SECTION 120.55 OF  THE
 PENAL  LAW AND STALKING IN THE THIRD DEGREE AS DEFINED IN SECTION 120.50
 OF THE PENAL LAW.
   § 5. Subparagraph (xi) of paragraph (b) of subdivision  1  of  section
 150.20 of the criminal procedure law, as added by section 1 of subpart B
 of  part  UU  of  chapter  56 of the laws of 2022, is amended to read as
 follows:
   (xi) the offense is a qualifying offense pursuant to paragraph (t)  OR
 (V)  of  subdivision four of section 510.10 of this chapter, or pursuant
 to paragraph (t) OR (V) of subdivision four of section  530.40  of  this
 chapter.
   §  6.  Subparagraph  (iv)  of  paragraph (b) and subparagraph (iii) of
 paragraph (d) of subdivision 2 of section 530.60 of the criminal  proce-
 dure  law,  subparagraph (iv) of paragraph (b) as added by section 20 of
 part JJJ of chapter 59 of the laws of 2019, and  subparagraph  (iii)  of
 paragraph  (d) as added by section 11 of subpart A of part VV of chapter
 56 of the laws of 2023, are amended to read as follows:
   (iv) stands charged in such action or proceeding with  a  felony  and,
 after  being so charged, committed a felony OR CLASS A MISDEMEANOR while
 at liberty.
   (iii) Under subparagraphs (ii), (iii), and (iv) of  paragraph  (b)  of
 this subdivision, revocation of a previously issued securing order shall
 result  in  the issuance of a new securing order which may, if otherwise
 authorized by law, permit the principal's  release  on  recognizance  or
 release under non-monetary conditions, but shall also render the defend-
 ant  eligible  for  an order fixing bail or ordering non-monetary condi-
 tions in conjunction with fixing  bail.  In  issuing  the  new  securing
 order,  the  court  shall  consider  the  kind  and degree of control or
 A. 9708                             4

 restriction necessary to reasonably assure  the  principal's  return  to
 court,  THE  SAFETY  OF  ANY PERSON OR THE COMMUNITY and compliance with
 court conditions, and select a securing order consistent with its deter-
 mination,  taking  into  account  the  factors required to be considered
 under subdivision one of section 510.10 of this title, the circumstances
 warranting such revocation, and the nature and extent of the principal's
 noncompliance with previously ordered  non-monetary  conditions  of  the
 securing  order subject to revocation under this subdivision. Nothing in
 this subparagraph shall be  interpreted  as  shortening  the  period  of
 detention,  or  requiring  or authorizing any less restrictive form of a
 securing order, which may be imposed pursuant to any other law.
   § 7. Subdivision 3 of section 510.30 of the criminal procedure law, as
 amended by section 5 of part JJJ of chapter 59 of the laws of  2019,  is
 amended to read as follows:
   3.  When  bail  or recognizance is ordered, the court shall inform the
 principal, if the principal is a defendant charged with  the  commission
 of  a  felony,  that  the  release is conditional and that the court may
 revoke the order of release and may be authorized to commit the  princi-
 pal  to  the custody of the sheriff in accordance with the provisions of
 subdivision two of section 530.60 of this [chapter] TITLE if the princi-
 pal commits a subsequent felony OR CLASS A MISDEMEANOR while at  liberty
 upon such order.
   §  8.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Assembly Bill A9708

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