Assembly Bill A848

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    848
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 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,  the  opening  paragraph 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:
   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 impose a securing order in accordance with  this
 title.    Except  as  otherwise required by law, the court shall make an
 individualized determination as to whether 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 HOUSE-
 HOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE  OF  SECTION  530.11  OF
 THIS  TITLE,  consider  the  [kind and degree of control or restriction]
 LEAST RESTRICTIVE ALTERNATIVE AND CONDITION OR CONDITIONS  necessary  to
 reasonably assure the principal's return to court, and select a securing
 order  consistent  with  its  determination  under this subdivision. The
 court shall explain the basis for its determination THAT  THE  PRINCIPAL
 POSES  A  RISK OF FLIGHT TO AVOID PROSECUTION 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, including:
   (a) The principal's activities and history;
   (b) If the principal is a defendant, the charges facing the principal;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03264-01-5
 A. 848                              2
 
   (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] SUCH PRINCI-
 PAL'S 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.