S T A T E   O F   N E W   Y O R K
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                                  3035

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced  by  M.  of  A. CHRISTENSEN -- Multi-Sponsored by -- M. of A.
  DelMONTE, KOLB, QUINN, SCHIMMINGER, SWEENEY -- read once and  referred
  to the Committee on Codes

AN  ACT  to  amend  the  criminal procedure law, in relation to enacting
  criteria controlling determination of grant of recognizance or bail

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
"Jilly's law".
  S 2. Paragraph (a) of subdivision 2 of section 510.30 of the  criminal
procedure law, subparagraph (v) as amended by chapter 920 of the laws of
1982  and  subparagraphs (vi), (vii) and (viii) as renumbered by chapter
447 of the laws of 1977, is amended to read as follows:
  (a)  With respect to any principal, the court must consider  the  kind
and  degree of control or restriction that is necessary to secure his OR
HER court attendance when required AND WHETHER THE PRINCIPAL IS A DANGER
TO THE ALLEGED VICTIM IN A CRIMINAL ACTION, MEMBERS OF THE COMMUNITY  OR
TO  HIMSELF  OR HERSELF.  In determining that matter, the court must, on
the basis of available information, consider [and take into account]:
  (i)  The principal's character, reputation, habits and  mental  condi-
tion, INCLUDING PRIOR THREATS OF OR ATTEMPTS OF SUICIDE; AND
  (ii)  His OR HER employment and financial resources; and
  (iii)    His OR HER family ties and the length of his OR HER residence
if any in the community; and
  (iv)  His OR HER criminal record if any; and
  (v)  His OR HER record of previous adjudication as a  juvenile  delin-
quent,  as  retained  pursuant to section 354.2 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; and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01233-01-9

A. 3035                             2
              

  (vi)  His OR HER previous record if any in responding to court appear-
ances when required or with respect to flight to avoid  criminal  prose-
cution, OR ANY RECORD OF VIOLATIONS OF COURT ORDERS; and
  (vii)  If he OR SHE is a defendant, the weight of the evidence against
him  OR HER in the pending criminal action and any other factor indicat-
ing probability or improbability of conviction; or, in the  case  of  an
application  for  bail or recognizance pending appeal, the merit or lack
of merit of the appeal; and
  (viii)  If he OR SHE is a defendant, the sentence which may be or  has
been imposed upon conviction[.]; AND
  (IX)  IF  HE  OR SHE IS A DEFENDANT, ANY HISTORY OR PATTERN OF VIOLENT
ACTS OR THREATS OF VIOLENT ACTS AGAINST THE ALLEGED VICTIM IN A CRIMINAL
ACTION, OR TOWARD OTHERS; AND
  (X) IF HE OR  SHE  IS  A  DEFENDANT,  ANY  RECORD  OF  ANY  ORDERS  OF
PROTECTION  THAT  WERE  PREVIOUSLY  ISSUED AGAINST THE PRINCIPAL, OR ARE
CURRENTLY IN EFFECT AGAINST THE  PRINCIPAL,  INCLUDING  RECORDS  OF  ANY
VIOLATION OF ANY PROTECTION ORDER; AND
  (XI)  IF  HE  OR SHE IS A DEFENDANT, THE VIOLENT NATURE OF THE CHARGED
CRIME AND THE IMPACT OF THE CRIME ON THE ALLEGED VICTIM; AND
  (XII) ANY OTHER FACTOR DEEMED TO BE RELEVANT BY THE  COURT  UNDER  THE
CIRCUMSTANCES OF THE CASE.
  S 3. Section 510.30 of the criminal procedure law is amended by adding
two new subdivisions 4 and 5 to read as follows:
  4.  WHERE  THE  PRINCIPAL  IS  A  DEFENDANT,  THE  COURT  MAY,  IN ITS
DISCRETION AND AFTER CONSIDERATION OF THE FACTORS SPECIFIED IN PARAGRAPH
(A) OF SUBDIVISION TWO OF THIS SECTION, ORDER THAT THE DEFENDANT  SUBMIT
TO  THE  USE OF AN ELECTRONIC MONITORING DEVICE UNDER THE SUPERVISION OF
THE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES WITH THE FURTHER
CONDITION THAT TAMPERING WITH SUCH MONITOR SHALL CONSTITUTE GROUNDS  FOR
REVOCATION OF BAIL.
  5.  WHERE  THE  PRINCIPAL  IS  A  DEFENDANT,  THE  COURT  MAY,  IN ITS
DISCRETION, DENY BAIL IF THERE IS SUBSTANTIAL EVIDENCE  TO  SUPPORT  THE
CHARGE, AND IF THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT THE
DEFENDANT  IS  NOT REASONABLY LIKELY TO APPEAR IN COURT WHEN REQUIRED OR
IS A DANGER TO THE ALLEGED  VICTIM,  MEMBERS  OF  THE  COMMUNITY  OR  TO
HIMSELF  OR  HERSELF  IF  RELEASED ON BAIL. IF BAIL IS DENIED, THE COURT
SHALL PLACE ITS REASONS ON THE RECORD.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.