Assemblyman Karl Brabenec (R,C,I-Deerpark) joined colleagues this week to vote on the 2020-21 Enacted Budget which includes a Bail Reform Amendment. The bail reform law, which went into effect statewide January 1, allows dangerous criminals who were arrested on certain offenses to be charged and released from jail with an appearance ticket. The amendment relates to the issuance of securing orders and the circumstances in which courts could remand penal offenders.

There are additions to the existing list of court conditions for those non-monetarily released, including surrender of passport, but the additions to the list of bail-qualifying offenses are of greater interest:

• Class A-I felony drug offenses;
• Sex trafficking;
• Money laundering in support of terrorism in the 3^rd and 4^th degree;
• Promoting an obscene sexual performance of a child;
• Promoting a sexual performance of a child;
• Any crime that is alleged to cause the death of another person;
• Criminal obstruction of breathing or blood circulation, Strangulation in the 2^nd degree, or Unlawful imprisonment 1^st where committed against a member of the same family or household;
• Aggravated vehicular assault in the 1^st degree;
• Vehicular assault in the 1^st degree;
• Assault in the 3^rd degree or Arson in the 3^rd degree when charged as a hate crime;
• Aggravated assault upon a person less than eleven years old;
• Criminal possession of a weapon on school grounds;
• Grand larceny in the 1^st degree;
• Enterprise corruption;
• Money laundering in the 1^st degree;
• Failure to register as a sex offender or Endangering the welfare of a child where the defendant is registered as a level three sex offender; and
• Bail jumping or Escape from custody.

“By now, we are all aware of the detrimental 2019 bail reform law,” said Brabenec. “The budget includes adjustments that are a step in the right direction, but, unfortunately, do not go far enough. Judges are still not given full discretion in holding offenders that have priors or ones who are generally dangerous to society. The damage of this law cannot be reversed and rather than grouping it into the budget, these adjustments should have been profiled in a stand-alone bill.”