NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10247
SPONSOR: Rules (Ra) TITLE OF BILL:
An act to amend the criminal procedure law, in relation to setting bail
for defendants that pose a threat to public safety
PURPOSE OR GENERAL IDEA OF BILL:
To allow greater judicial discretion in setting a securing order with
respect to the dangerousness of a defendant.
SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 1 of section 510.10 of the criminal proce-
dure law to allow a court to make an individualized determination
regarding the danger a defendant poses to the safety of any crime
victim, person or community
Section 2: Establishes the effective date.
EXISTING LAW:
Currently, except for certain qualifying offenses, courts must release
defendants on their own recognizance pending trial, unless it is demon-
strated and the court makes an individualized determination that the
defendant poses a risk of flight to avoid prosecution, however the court
may not consider the dangerousness of such defendant.
JUSTIFICATION:
In United State v. Salerno, the Supreme Court ruled that federal courts
could detain arrestees pretrial if said individual could be proved to be
a threat to others in the community. Including New York, only three
states do not allow judges to consider the dangerousness of a defendant
when setting a securing order. In light of recent reforms that eliminate
the ability of judges to establish securing orders for most offenses, it
is critical that judges be allowed to weigh the threat a defendant poses
to victims or others in the community. With these bail reforms in
effect, crimes such as assault in the third degree or failure to regis-
ter as a sex offender for level one and level two sex offenders will no
longer qualify for bail in the state and the defendant will be released
back into the community to await their trial date.
When California became the first state in the country to eliminate cash
bail, they provided for safeguards to ensure the protection of the
community, including allowing courts to order defendants to report to a
court officer or consent to monitoring such as ankle bracelets, as well
as allowing preventive detention for those the court deems too dangerous
to release.
Unfortunately, the reforms passed in the 2019-2020 New York State Budget
did not include any such safeguards. This legislation would rectify this
troubling issue and grant New York courts the ability to better protect
our communities by allowing them to consider the dangerousness of a
defendant when setting a securing order.
LEGISLATIVE HISTORY:
2019-20: 56840 Referred to Codes
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
10247
IN ASSEMBLY
May 13, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Ra) -- read
once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to setting bail
for defendants that pose a threat to public safety
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 510.10 of the criminal procedure
2 law, as amended by section 2 of part JJJ of chapter 59 of the laws of
3 2019, is amended to read as follows:
4 1. When a principal, whose future court attendance at a criminal
5 action or proceeding is or may be required, comes under the control of a
6 court, such court shall, in accordance with this title, by a securing
7 order release the principal on the principal's own recognizance, release
8 the principal under non-monetary conditions, or, where authorized, fix
9 bail or commit the principal to the custody of the sheriff. In all such
10 cases, except where another type of securing order is shown to be
11 required by law, the court shall release the principal pending trial on
12 the principal's own recognizance, unless it is demonstrated and the
13 court makes an individualized determination that the principal poses a
14 risk of flight to avoid prosecution or it is demonstrated and the court
15 makes an individualized determination that the principal poses a current
16 physical danger to the safety of any crime victim, person or the commu-
17 nity. [If such a finding is made, the court must select the least
18 restrictive alternative and condition or conditions that will reasonably
19 assure the principal's return to court.] The court shall explain its
20 choice of release, release with conditions, bail or remand on the record
21 or in writing.
22 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08007-01-1
