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Senate Bill S905

2023-2024 Legislative Session

Relates to setting bail for defendants who pose a threat to public safety

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2023-S905 (ACTIVE) - Details

See Assembly Version of this Bill:
A3573
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §510.10, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6861, A9047
2021-2022: S1521, A1705
2025-2026: S32

2023-S905 (ACTIVE) - Summary

Relates to setting bail for dangerous defendants who pose a threat to public safety.

2023-S905 (ACTIVE) - Sponsor Memo

2023-S905 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    905
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sens.  TEDISCO,  BORRELLO,  GRIFFO,  HELMING, OBERACKER,
   O'MARA, ORTT, STEC, WEIK -- 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 setting bail
   for defendants who pose a threat to public safety

   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[. 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]
 OR IT IS DEMONSTRATED AND THE COURT   MAKES AN  INDIVIDUALIZED  DETERMI-
 NATION  BASED  ON THE PRINCIPAL'S RECORD OF A PRIOR FELONY CONVICTION, A
 FAILURE TO APPEAR IN COURT OR IF THE PRINCIPAL IS ARRESTED DURING    THE
 INTERIM  PERIOD WHILE AWAITING A PRELIMINARY HEARING OR TRIAL. 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.
                                                            LBD03622-01-3

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