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Senate Bill S2523

2023-2024 Legislative Session

Relates to offenses for which a court may fix bail or commit a principal to custody of the sheriff

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2023-S2523 (ACTIVE) - Details

Current Committee:
Senate 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: S8233
2021-2022: S2615
2025-2026: S578

2023-S2523 (ACTIVE) - Summary

Authorizes a court to set bail or commit a principal to custody where the principal has been designated a sex offender.

2023-S2523 (ACTIVE) - Sponsor Memo

2023-S2523 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2523
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by  Sen. HELMING -- 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 offenses  for
   which  a  court  may  fix bail or commit a principal to custody of the
   sheriff

   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 and subdivision 3 of
 section  510.10  of the criminal procedure law, the opening paragraph of
 subdivision 1 as amended by section 1 of subpart C of part UU of section
 56 of the laws of 2022 and subdivision 3 as added by section 2  of  part
 JJJ of chapter 59 of the laws of 2019, are 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  THAT  THE  PRINCIPAL  HAS  BEEN
 DESIGNATED  A SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW. 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05471-01-3
 S. 2523                             2

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