Assembly Bill A9567

2019-2020 Legislative Session

Relates to immediate enforcement of securing orders through issuance of a bench warrant when a defendant fails to appear

download bill text pdf

Sponsored By

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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2019-A9567 (ACTIVE) - Details

See Senate Version of this Bill:
S7269
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §510.50, CP L
Versions Introduced in Other Legislative Sessions:
2021-2022: A2604, S3836
2023-2024: S6065

2019-A9567 (ACTIVE) - Summary

Provides for the immediate enforcement of securing orders through issuance of a bench warrant when a defendant fails to appear for a scheduled appearance; removes 48 hour notice requirement.

2019-A9567 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9567
 
                           I N  A S S E M B L Y
 
                             January 24, 2020
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  immediate
   enforcement of securing orders
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 510.50 of the criminal procedure law, as amended by
 section 9 of part JJJ of chapter 59 of the laws of 2019, is  amended  to
 read as follows:
 § 510.50 Enforcement of securing order.
   [1.] When the attendance of a principal confined in the custody of the
 sheriff is required at the criminal action or proceeding at a particular
 time  and  place,  the court may compel such attendance by directing the
 sheriff to produce the principal at such time and place. If the  princi-
 pal  is  at  liberty on the principal's own recognizance or non-monetary
 conditions or on bail, the principal's attendance  may  be  achieved  or
 compelled by various methods, including notification and the issuance of
 a  bench warrant, prescribed by law in provisions governing such matters
 with respect to the particular kind of action or proceeding involved.
   [2. Except when the principal is charged with a  new  crime  while  at
 liberty, absent relevant, credible evidence demonstrating that a princi-
 pal's  failure  to  appear for a scheduled court appearance was willful,
 the court, prior to issuing a bench warrant for a failure to appear  for
 a  scheduled  court appearance, shall provide at least forty-eight hours
 notice to the principal or the principal's counsel that the principal is
 required to appear, in order to give the  principal  an  opportunity  to
 appear voluntarily.]
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14812-01-0

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