A10247 Summary:

BILL NOA10247
 
SAME ASSAME AS S06947
 
SPONSORRules (Ra)
 
COSPNSR
 
MLTSPNSR
 
Amd §510.10, CP L
 
Relates to setting bail for defendants that pose a current physical threat to public safety.
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A10247 Actions:

BILL NOA10247
 
05/13/2022referred to codes
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A10247 Committee Votes:

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A10247 Floor Votes:

There are no votes for this bill in this legislative session.
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A10247 Memo:

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.
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A10247 Text:



 
                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
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