NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5033A
SPONSOR: O'Donnell TITLE OF BILL: An act to amend the criminal procedure law and the
judiciary law, in relation to enacting the "bail elimination act of
2018"; and to repeal certain provisions of the criminal procedure law
and the insurance law relating to the posting of bail
PURPOSE OR GENERAL IDEA OF BILL:
To end the use of monetary bail and improve our criminal justice system.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 provides the title of the bill as the "Bail Elimination Act of
2018.
Section 2 amends section 500.10 of the criminal procedure law amending
definitions for pretrial release provisions of the criminal procedure
law including a new 3-a defining release under non-monetary conditions,
and deletes references to monetary bail.
Section 3 amends section 510.10 of the criminal procedure law providing
for release on recognizance or release on non-monetary conditions.
Section 4 amends section 510.20 of the criminal procedure law provides
for change of a securing order based on a material change of circum-
stances and requires the least restrictive means for any such order
requires that when motion is made due to violation of securing order,
that court consider nature, will fullness and seriousness of violation.
Section 5 amends section 510.30 of the criminal procedure law provides
the factors for a court to determine a securing order.
Section 6 amends section 510.40 of the criminal procedure law requires
court notification to defendant of any conditions of release, the poten-
tial penalties for violating conditions, and requires court date notifi-
cations to such individuals.
Section 7 amends section 510.43 of the criminal procedure law to require
the court notify defendants of court dates and allows courts to partner
with pretrial service agencies for such notifications.
Section 8 amends section 510.45 of the criminal procedure law providing
for the OCA certification of pretrial services agencies in each county
which shall be public or private non-profit entities.
Section 9 amends section 510.50 of the criminal procedure law removing
references to bail and requiring notification 48 hours in advance of
request to appear in court prior to issuance of a bench warrant.
Section 10 repeals article 520 of the criminal procedure law, removing
references to bail.
Section 11 amends the article heading of article 530 of the criminal
procedure law to reflect removal of bail.
Section 12 amends section 530.10 of the criminal procedure law to remove
a reference to bail.
Section 13 amends subdivision 4 of section 530.11 of the criminal proce-
dure law removing a reference to bail.
Section 14 amends paragraph (a) of subdivision 8 of section 530.13 of
the criminal procedure law removing a reference to bail.
Section 15 amends the opening paragraph of subdivision 1 of section
530.13 of the criminal procedure law removing a reference to bail.
Section 16 amends subdivisions 9 and 11 of section 530.12 of the crimi-
nal procedure law removing references to bail.
Section 17 amends section 530.20 of the criminal procedure law provides
for process of release by a local criminal court
Section 18 amends the section heading, subdivisions 1 and 2 of section
530.30 of the criminal procedure law to provide for superior court
review of a securing order determination when case is in local criminal
court.
Section 19 amends section 530.40 of the criminal procedure law to
provide for process of release by a superior court.
Section 20 amends subdivision 1 of section 530.45 of the criminal proce-
dure law removing references to bail.
Section 21 repeals section 530.60 of the criminal procedure law.
Section 22 amends title p of part 3 of the criminal procedure law adding
a new article 545 providing for pretrial detention under limited circum-
stances for certain offenders who pose a high risk of intentional flight
for the purpose of evading criminal prosecution. Provides strict limit
on time an individual may be detained based upon severity of crime
charged.
Section 23 repeals Article 68 of the Insurance Law, removing the
provisions regarding bail bonds.
Section 24 amends paragraph (a) of subdivision 9 of Section 216.05 of
the criminal procedure law, removing bail from section of law regarding
judicial diversion programs
Section 25 amends subdivision 2 of section 620.40 of the criminal proce-
dure law to remove bail as a release option for material witnesses.
Section 26 amends subdivisions 2 and 3 of section 620.50 of the criminal
procedure law to remove bail as a release option for material witnesses.
Section 27 amends section 216 of the judiciary law, adding a new subdi-
vision 5 requiring OCA to collect and report data about pretrial
release.
Section 28 establishes the effective date of November 1, 2019.
JUSTIFICATION:
One of the central tenets of our criminal justice system is "innocent
until proven guilty", yet the current system of bail has allowed the
incarceration of thousands of New Yorkers every year without having been
convicted of a crime. The current system does nothing but to incarcerate
indigent offenders. The purpose of bail is solely to ensure the defend-
ant's future appearance in court. The data is clear: cash bail does not
do secure a defendant's appearance better than non-financial conditional
release. This bill would correct one of the great injustices of our
current criminal justice system, and allow New York to be the national
leader in criminal justice reform.
PRIOR LEGISLATIVE HISTORY:
A.8551 (2015-16)
FISCAL IMPLICATIONS:
This bill would result in savings to the state as a result of fewer
individuals incarcerated in county correctional facilities.
EFFECTIVE DATE:
This act shall take effect November 1, 2019.
