S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2748
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by  M. of A. FERNANDEZ, SOLAGES, PICHARDO, WILLIAMS, JAFFEE,
   ORTIZ, D'URSO, ARROYO, AUBRY, DICKENS, COOK, GOTTFRIED, RIVERA,  DAVI-
   LA, TAYLOR, JOYNER, MONTESANO, LAWRENCE -- Multi-Sponsored by -- M. of
   A. CROUCH, SIMON -- read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to bail of preg-
   nant women
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 3 and 4 of  section  120.90  of  the  criminal
 procedure  law,  as  amended  by  chapter  424  of the laws of 1998, are
 amended to read as follows:
   3.  Upon arresting a defendant for an  offense  other  than  a  felony
 pursuant  to a warrant of arrest in a county other than the one in which
 the warrant is returnable or one adjoining it, a police officer,  if  he
 OR  SHE be one to whom the warrant is addressed, must inform the defend-
 ant that he OR SHE has a right to appear before a local  criminal  court
 of  the county of arrest for the purpose of being released on his OR HER
 own recognizance or having bail fixed.  If the defendant does not desire
 to avail himself OR HERSELF of such right, the officer must request  him
 OR  HER to endorse such fact upon the warrant, and upon such endorsement
 the officer must without unnecessary delay bring him OR HER  before  the
 court  in which the warrant is returnable.  If the defendant does desire
 to avail himself OR HERSELF of such right, or if he OR  SHE  refuses  to
 make  the  aforementioned endorsement, the officer must without unneces-
 sary delay bring him OR HER before a local criminal court of the  county
 of  arrest.  Such  court  must  release  the defendant on his OR HER own
 recognizance or fix bail for his OR HER appearance on a  specified  date
 in  the  court  in  which  the warrant is returnable.   THERE SHALL BE A
 REBUTTABLE PRESUMPTION THAT ANY PREGNANT WOMAN SHOULD BE RELEASED ON HER
 OWN RECOGNIZANCE WITHOUT THE POSTING OF BAIL. If  the  defendant  is  in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03527-01-9
              

 A. 2748                             2
 
 default of bail, the officer must without unnecessary delay bring him OR
 HER before the court in which the warrant is returnable.
   4.  Upon  arresting  a  defendant  for  an offense other than a felony
 pursuant to a warrant of arrest in a county other than the one in  which
 the  warrant  is returnable or one adjoining it, a police officer, if he
 OR SHE be one delegated to  execute  the  warrant  pursuant  to  section
 120.60  OF THIS ARTICLE, may hold the defendant in custody in the county
 of arrest for a period not exceeding two hours for the purpose of deliv-
 ering him OR HER to the custody of the officer by whom  he  OR  SHE  was
 delegated  to  execute  such warrant. If the delegating officer receives
 custody of the defendant during such period, he OR SHE must  proceed  as
 provided in subdivision three OF THIS SECTION.  Otherwise, the delegated
 officer  must  inform the defendant that he OR SHE has a right to appear
 before a local criminal court for the purpose of being released  on  his
 OR HER own recognizance or having bail fixed.  If the defendant does not
 desire  to  avail  himself  OR  HERSELF  of such right, the officer must
 request him  OR HER to make, sign and deliver to him OR  HER  a  written
 statement  of  such fact, and if the defendant does so, the officer must
 retain custody of him OR HER but must without unnecessary delay  deliver
 him  OR  HER  or  cause him OR HER to be delivered to the custody of the
 delegating police officer. If the defendant does desire to avail himself
 OR HERSELF of such right, or if he OR SHE refuses to  make  and  deliver
 the  aforementioned  statement,  the delegated or arresting officer must
 without unnecessary delay bring him OR HER before a local criminal court
 of the county of arrest and must submit to such court a  written  state-
 ment reciting the material facts concerning the issuance of the warrant,
 the  offense involved, and all other essential matters relating thereto.
 Upon the submission of such  statement,  such  court  must  release  the
 defendant  on  his  OR  HER  own recognizance or fix bail for his OR HER
 appearance on a specified date in the court  in  which  the  warrant  is
 returnable.    THERE SHALL BE A REBUTTABLE PRESUMPTION THAT ANY PREGNANT
 WOMAN SHOULD BE RELEASED ON HER OWN RECOGNIZANCE WITHOUT THE POSTING  OF
 BAIL.  If  the  defendant is in default of bail, the officer must retain
 custody of him OR HER but must without unnecessary delay deliver him  OR
 HER or cause him OR HER to be delivered to the custody of the delegating
 officer.   Upon receiving such custody, the latter must without unneces-
 sary delay bring the defendant before the court in which the warrant  is
 returnable.
   §  2. Paragraph (b) of subdivision 2 of section 140.20 of the criminal
 procedure law, as amended by chapter 550 of the laws of 1987, is amended
 to read as follows:
   (b) The desk officer in charge at a police  station,  county  jail  or
 police  headquarters,  or  any  of his OR HER superior officers, may, in
 such place fix pre-arraignment bail and, upon deposit thereof, issue and
 serve an appearance ticket upon the arrested person and release  him  OR
 HER  from custody, as prescribed in section 150.30 OF THIS TITLE.  THERE
 SHALL BE A REBUTTABLE PRESUMPTION THAT  ANY  PREGNANT  WOMAN  SHOULD  BE
 RELEASED ON HER OWN RECOGNIZANCE WITHOUT THE POSTING OF BAIL.
   §  3. Paragraph (b) of subdivision 3 of section 140.40 of the criminal
 procedure law, as amended by chapter 550 of the laws of 1987, is amended
 to read as follows:
   (b) The desk officer in charge at  the  appropriate  police  officer's
 station,  county jail or police headquarters, or any of his OR HER supe-
 rior officers, may, in such place, fix pre-arraignment  bail  and,  upon
 deposit  thereof, issue and serve an appearance ticket upon the arrested
 person and release him OR HER from custody,  as  prescribed  in  section

 A. 2748                             3
 
 150.30  OF THIS TITLE.  THERE SHALL BE A REBUTTABLE PRESUMPTION THAT ANY
 PREGNANT WOMAN SHOULD BE RELEASED ON HER OWN  RECOGNIZANCE  WITHOUT  THE
 POSTING OF BAIL.
   §  4. Subdivisions 1, 2 and 3 of section 150.30 of the criminal proce-
 dure law, subdivision 1 as amended by chapter 111 of the laws  of  1987,
 subdivision  2  as  amended and subdivision 3 as added by chapter 708 of
 the laws of 1986, paragraph (a) of subdivision 2 as added and paragraphs
 (b), (c) and (d) of subdivision 2 as relettered by chapter  549  of  the
 laws of 1987, are amended to read as follows:
   1.  Issuance  and  service of an appearance ticket by a police officer
 following an arrest without a warrant, as prescribed in subdivision  two
 of  section  150.20  OF  THIS  ARTICLE, may be made conditional upon the
 posting of a sum of money, known  as  pre-arraignment  bail  UNLESS  THE
 PERSON  ARRESTED  IS  A  PREGNANT WOMAN, IN WHICH CASE, IF AN APPEARANCE
 TICKET IS ISSUED, NO BAIL SHALL BE REQUIRED.  In  such  case,  the  bail
 becomes  forfeit  upon  failure  of  such  person  to  comply  with  the
 directions of the appearance ticket. The person posting such  bail  must
 complete  and sign a form which states (a) the name, residential address
 and occupation of each person posting cash bail; and (b)  the  title  of
 the  criminal  action  or  proceeding  involved;  and (c) the offense or
 offenses which are the subjects of the action  or  proceeding  involved,
 and  the  status  of  such action or proceeding; and (d) the name of the
 principal and the nature of his OR HER involvement in or connection with
 such action or proceeding; and (e) the  date  of  the  principal's  next
 appearance  in court; and (f) an acknowledgement that the cash bail will
 be forfeited if the principal does not comply with the directions of the
 appearance ticket; and (g) the amount of money posted as cash bail. Such
 pre-arraignment bail may be posted as provided  in  subdivision  two  or
 three OF THIS SECTION.
   2.  A  desk  officer  in  charge  at a police station, county jail, or
 police headquarters, or any of his OR HER superior officers, may in such
 place, fix pre-arraignment bail, in an amount prescribed in this  subdi-
 vision,  and upon the posting thereof must issue and serve an appearance
 ticket upon the arrested person, UNLESS THE PERSON ARRESTED IS  A  PREG-
 NANT  WOMAN,  IN  WHICH CASE, IF AN APPEARANCE TICKET IS ISSUED, NO BAIL
 SHALL BE REQUIRED, give a receipt for the bail, and release such  person
 from  custody.   Such pre-arraignment bail may be fixed in the following
 amounts:
   (a) If the arrest was for a class E felony, any amount  not  exceeding
 seven hundred fifty dollars.
   (b)    If  the  arrest  was  for a class A misdemeanor, any amount not
 exceeding five hundred dollars.
   (c)  If the arrest was for a class B misdemeanor  or  an  unclassified
 misdemeanor, any amount not exceeding two hundred fifty dollars.
   (d)    If the arrest was for a petty offense, any amount not exceeding
 one hundred dollars.
   3. A police officer, who has  arrested  a  person  without  a  warrant
 pursuant  to subdivision two of section 150.20 of this [chapter] ARTICLE
 for a traffic infraction, may, where he  OR SHE reasonably believes that
 such arrested person is not licensed to operate a motor vehicle by  this
 state  or any state covered by a reciprocal compact guaranteeing appear-
 ance as is provided in section five hundred seventeen of the vehicle and
 traffic law, fix pre-arraignment bail in the amount  of  fifty  dollars;
 provided,  however,  THAT  NO  SUCH  BAIL SHALL BE REQUIRED FOR PREGNANT
 WOMEN WHO MUST BE RELEASED WITH AN  APPEARANCE  TICKET  WITHOUT  POSTING
 BAIL, AND such bail shall be posted by means of a credit card or similar

 A. 2748                             4
 
 device.   Upon the posting thereof, said officer must issue and serve an
 appearance ticket upon the arrested person, give a receipt for the bail,
 and release such person from custody.
   § 5. Subdivision 2 of section 150.75 of the criminal procedure law, as
 added by chapter 360 of the laws of 1977, is amended to read as follows:
   2.    Whenever the defendant is arrested without a warrant, an appear-
 ance ticket shall promptly be issued and served  upon  him  OR  HER,  as
 provided  in  this article.   The issuance and service of the appearance
 ticket may be made conditional upon the posting of pre-arraignment  bail
 as  provided in section 150.30 of this [chapter] ARTICLE but only if the
 appropriate police officer (a) is unable to  ascertain  the  defendant's
 identity or residence address; or (b) reasonably suspects that the iden-
 tification  or residence address given by the defendant is not accurate;
 [or] (c) reasonably suspects that the defendant does not  reside  within
 the state; OR (D) IS ABLE TO ASCERTAIN THAT THE DEFENDANT IS NOT A PREG-
 NANT  WOMAN.  No  warrant of arrest shall be issued unless the defendant
 has failed to appear in court as required by the terms of the appearance
 ticket or by the court.
   § 6. Section 510.10 of the criminal procedure law, as amended by chap-
 ter 459 of the laws of 1984, is amended to read as follows:
 § 510.10 Securing order; when required.
   When a principal, whose future court attendance at a  criminal  action
 or  proceeding  is or may be required, initially comes under the control
 of a court, such court must, by a securing order, either release him  OR
 HER on his OR HER own recognizance, fix bail or commit him OR HER to the
 custody of the sheriff. THERE SHALL BE A REBUTTABLE PRESUMPTION THAT ANY
 PREGNANT  WOMAN SHOULD BE RELEASED ON HER OWN RECOGNIZANCE WITHOUT POST-
 ING BAIL. When a securing order is revoked or  otherwise  terminated  in
 the  course  of  an uncompleted action or proceeding but the principal's
 future court attendance still is or may be required and  he  OR  SHE  is
 still under the control of a court, a new securing order must be issued.
 When  the  court  revokes or otherwise terminates a securing order which
 committed the principal to the custody of the sheriff, the  court  shall
 give  written  notification  to the sheriff of such revocation or termi-
 nation of the securing order.
   § 7. Section 510.20 of the criminal procedure law is amended  to  read
 as follows:
 § 510.20 Application  for recognizance or bail; making and determination
              thereof in general.
   1. Upon any occasion when a court is  required  to  issue  a  securing
 order  with  respect  to a principal, or at any time when a principal is
 confined in the custody of the sheriff  as  a  result  of  a  previously
 issued  securing  order,  he OR SHE may make an application for recogni-
 zance or bail.
   2. Upon such application, the principal must be accorded  an  opportu-
 nity  to  be  heard and to contend that an order of recognizance or bail
 must or should issue, that the court should release him OR HER on his OR
 HER own recognizance rather than fix bail, and that if bail is fixed  it
 should  be  in a suggested amount and form.  THERE SHALL BE A REBUTTABLE
 PRESUMPTION THAT ANY PREGNANT WOMAN SHOULD BE RELEASED ON HER OWN RECOG-
 NIZANCE WITHOUT THE POSTING OF BAIL.
   § 8. Subdivision 1 of section 530.20 of the criminal procedure law, as
 amended by chapter 531 of the laws  of  1975,  is  amended  to  read  as
 follows:
   1.  When the defendant is charged, by information, simplified informa-
 tion, prosecutor's information or misdemeanor complaint, with an offense

 A. 2748                             5
 
 or  offenses of less than felony grade only, the court must order recog-
 nizance or bail.  THERE SHALL BE A REBUTTABLE PRESUMPTION THAT ANY PREG-
 NANT WOMAN SHOULD BE RELEASED ON HER OWN RECOGNIZANCE WITHOUT THE  POST-
 ING OF BAIL.
   §  9. Subdivision 2 of section 530.20 of the criminal procedure law is
 amended by adding a new paragraph (c) to read as follows:
   (C) THERE SHALL BE A REBUTTABLE PRESUMPTION THAT  ANY  PREGNANT  WOMAN
 SHOULD BE RELEASED ON HER OWN RECOGNIZANCE WITHOUT THE POSTING OF BAIL.
   §  10.  Section  530.40  of  the  criminal procedure law is amended by
 adding a new subdivision 5 to read as follows:
   5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE AND TWO  OF  THIS
 SECTION, THERE SHALL BE A REBUTTABLE PRESUMPTION THAT ANY PREGNANT WOMAN
 SHOULD BE RELEASED ON HER OWN RECOGNIZANCE WITHOUT THE POSTING OF BAIL.
   §  11.  This act shall take effect on the ninetieth day after it shall
 have become a law.