Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Feb 18, 2009 |
referred to codes |
Senate Bill S2326
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S2326 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5731
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd ยง530.30, CP L
- Versions Introduced in 2011-2012 Legislative Session:
-
A5013, A9246
2009-S2326 (ACTIVE) - Summary
Provides that where a criminal action is pending in a local criminal court or a superior court, the district attorney upon motion, may seek an order from the Appellate Division of the Department in which the action is pending to fix bail whenever he determines the amount of bail as fixed is inadequate or disproportionate.
2009-S2326 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2326 TITLE OF BILL : An act to amend the criminal procedure law, in relation to permitting appeals of bail decisions by the district attorney PURPOSE : To give prosecutors the right to seek judicial review in cases they feel bail has been set too low. SUMMARY OF PROVISIONS : An amendment adding a new subdivision 2-a to section 530.30 of the criminal procedure law to allow the District Attorney recourse to the Appellate Division to contest the setting of low bail. JUSTIFICATION : Under current law, a defendant who feels his bail is too high has the right to apply for a modification of his bail. This legislation does not alter a defendant's rights. Rather it creates an analogous right to seek reconsideration by the District Attorney, acting on behalf of society, who feels that bail is too low. LEGISLATIVE HISTORY : S.3044/A/39 of 2007-08; S.2976/A.6774 of 2005-06; S.2364/A.5259 of 2003-04, S.5772 of 2001-02, S.1901 of 1999-2000, S.3974 of 1997-98,
2009-S2326 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2326 2009-2010 Regular Sessions I N S E N A T E February 18, 2009 ___________ Introduced by Sen. PADAVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to permitting appeals of bail decisions by the district attorney THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 530.30 of the criminal procedure law is amended by adding a new subdivision 2-a to read as follows: 2-A. IN ANY CASE WHERE A CRIMINAL ACTION IS PENDING IN A LOCAL CRIMI- NAL COURT OR A SUPERIOR COURT, THE DISTRICT ATTORNEY UPON MOTION TO THE APPELLATE DIVISION OF THE DEPARTMENT IN WHICH THE ACTION IS PENDING MAY SEEK AN ORDER TO FIX BAIL IN A MORE APPROPRIATE AMOUNT WHENEVER HE DETERMINES THAT THE AMOUNT OF THE BAIL AS FIXED IS UNREASONABLY INADE- QUATE OR UNDULY DISPROPORTIONATE BASED ON ALL THE CIRCUMSTANCES. S 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06833-01-9
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