Assembly Bill A5033

2017-2018 Legislative Session

Enacts the "bail elimination act of 2018"; repealer

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Archive: Last Bill Status - In Assembly 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

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Bill Amendments

co-Sponsors

multi-Sponsors

2017-A5033 - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 505 §§505.10 & 505.15, §530.05, amd §§510.10 & 500.10, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8551
2019-2020: A2726

2017-A5033 - Summary

Enacts the "bail elimination act of 2018"; creates provisions for pretrial detention.

2017-A5033 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5033
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  requiring
   criminal defendants to be interviewed by a pretrial services agent and
   providing  for  the  consideration of recommendations of such agent by
   the court prior to the issuance of securing orders; and establishing a
   presumption of release on own recognizance
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 500.10 of the criminal procedure law is amended by
 adding a new subdivision 21 to read as follows:
   21. "PRETRIAL SERVICES AGENT" MEANS AN INDEPENDENT  PRETRIAL  SERVICES
 AGENT APPOINTED PURSUANT TO ARTICLE FIVE HUNDRED FIVE OF THIS TITLE.
   § 2. The criminal procedure law is amended by adding a new article 505
 to read as follows:
                                ARTICLE 505
                             PRETRIAL SERVICES
 SECTION 505.10 INDEPENDENT PRETRIAL SERVICES AGENTS.
         505.15 INTERVIEW OF CRIMINAL DEFENDANTS.
 § 505.10 INDEPENDENT PRETRIAL SERVICES AGENTS.
   EACH  COUNTY  AND  EACH  CITY WHICH WHOLLY ENCOMPASSES A COUNTY, SHALL
 APPOINT AND PROVIDE COMPENSATION, TO SUCH INDEPENDENT PRETRIAL  SERVICES
 AGENTS  AS  SHALL BE NECESSARY TO INTERVIEW AND EVALUATE PERSONS CHARGED
 WITH A CRIMINAL OFFENSE IN SUCH COUNTY OR CITY PRIOR  TO  SUCH  PERSONS'
 INITIAL  APPEARANCE  IN  COURT  ON  SUCH OFFENSE. THE QUALIFICATIONS AND
 PROCESS OF APPOINTMENT OF INDEPENDENT PRETRIAL SERVICES AGENTS SHALL  BE
 ESTABLISHED BY RULE OF THE CHIEF ADMINISTRATIVE JUDGE.
 § 505.15 INTERVIEW OF CRIMINAL DEFENDANTS.
   1. PRIOR TO THE INITIAL APPEARANCE OF A DEFENDANT IN A CRIMINAL ACTION
 BEFORE  A  LOCAL  OR  SUPERIOR  CRIMINAL  COURT, SUCH DEFENDANT SHALL BE
 INTERVIEWED AND EVALUATED BY A PRETRIAL SERVICES AGENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2017-A5033A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 505 §§505.10 & 505.15, §530.05, amd §§510.10 & 500.10, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8551
2019-2020: A2726

2017-A5033A (ACTIVE) - Summary

Enacts the "bail elimination act of 2018"; creates provisions for pretrial detention.

2017-A5033A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5033--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL,  LUPARDO,  JAFFEE, ORTIZ, D'URSO,
   RIVERA, BARRON, GOTTFRIED, DAVILA, DE LA ROSA,  SEPULVEDA,  PELLEGRINO
   --  Multi-Sponsored  by -- M. of A. SIMON -- read once and referred to
   the Committee on Codes -- recommitted to the  Committee  on  Codes  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  the criminal procedure law and the judiciary law, in
   relation to enacting the "bail elimination act of 2018"; and to repeal
   certain provisions of the criminal procedure law and the insurance law
   relating to the posting of 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
 the "bail elimination act of 2018".
   § 2. Subdivisions 1, 2, 4, 5 and 6 of section 500.10 of  the  criminal
 procedure  law are amended and a new subdivision 3-a is added to read as
 follows:
   1. "Principal" means a defendant in a criminal action  or  proceeding,
 or  a person adjudged a material witness therein, or any other person so
 involved therein that [he] THE PRINCIPAL may  by  law  be  compelled  to
 appear  before  a  court  for  the purpose of having such court exercise
 control over [his] THE PRINCIPAL'S person to secure  [his]  THE  PRINCI-
 PAL'S  future  attendance at the action or proceeding when required, and
 who in fact either is before the court for  such  purpose  or  has  been
 before it and been subjected to such control.
   2.  "Release  on  own  recognizance."  A court releases a principal on
 [his] THE PRINCIPAL'S own recognizance  when,  having  acquired  control
 over  [his] THE PRINCIPAL'S person, it permits [him] THE PRINCIPAL to be
 at liberty during the pendency of  the  criminal  action  or  proceeding
 involved  upon  condition  that  [he]  THE PRINCIPAL will appear thereat
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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