NY State Senate Bill 2019-S7106

Senate Bill S7106

2019-2020 Legislative Session

Ensures repeat offenders qualify for bail and pre-trial detention when the principal has been convicted of one or more misdemeanor or felony offenses

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes

co-Sponsors

View additional co-sponsors

2019-S7106 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S6153
2023-2024: S5252

2019-S7106 (ACTIVE) - Summary

Ensures repeat offenders qualify for bail and pre-trial detention when the principal has been convicted of one or more misdemeanor or felony offenses within the immediate preceding five years.

2019-S7106 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7106

SPONSOR: BOYLE
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to ensuring
repeat offenders qualify for bail and pre-trial detention

 
PURPOSE:

Provides courts with the discretion to issue bail for repeat offenders.

 
SUMMARY OF PROVISIONS:

This bill would give courts the discretion to issue bail for a defendant
that is charged with a misdemeanor or felony offense if they have a
prior conviction of one or more misdemeanor or felony offenses within
the immediate preceding five years.

 
JUSTIFICATION:

This bill seeks to address one of the major flaws of bail reform legis-
lation that was hastily passed in the 2019-2020 budget. Under bail
reform, repeat offenders will continue to be released pending trial as
long as the crime they have committed is not a "qualifying" offense. Law
enforcement will continue to see the same individuals repeatedly without
the ability of getting them off the streets.

In New York City, Steven Haynes punched a cop, he had twenty-four prior
arrests but because of the new bail laws, the court was prohibited from
issuing bail. Tiffany Harris, punched two Jewish women in an anti-Semi-
tic attack but the courts were forced to release her, the following day
she attacked another woman and the courts were once again forced to
release her pending trial. This legislation would give courts the
discretion to issue bail or hold an individual pending trial if they
have shown a pattern of breaking the law.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
On the same date and in the same manner as Part JJJ of Chapter 59 of the
laws of 2019.

2019-S7106 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7106
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2020
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- 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  ensuring
   repeat offenders qualify for bail and pre-trial detention
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph and paragraphs (h) and (i) of  subdi-
 vision  4  of  section 510.10 of the criminal procedure law, as added by
 section 2 of part JJJ of chapter 59 of the laws of 2019, are amended and
 a new paragraph (j) is added to read as follows:
   Where the principal stands charged  with  a  qualifying  offense,  the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary  conditions,  fix  bail, or, where the defendant is charged
 with a qualifying offense [which is a felony], the court may commit  the
 principal to the custody of the sheriff. A principal stands charged with
 a qualifying offense for the purposes of this subdivision when he or she
 stands charged with:
   (h)  criminal  contempt in the second degree as defined in subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
 the  penal  law  or  aggravated  criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a
 duly served order of protection where the protected party is a member of
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this [article; or] TITLE;
   (i)  facilitating  a  sexual  performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70 of the penal law[.]; OR

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14189-01-9

 S. 7106                             2
 
   (J)  A  MISDEMEANOR  OR  FELONY  OFFENSE  AND  THE  PRINCIPAL HAS BEEN
 CONVICTED OF ONE OR MORE MISDEMEANOR OR FELONY OFFENSES WITHIN THE IMME-
 DIATE PRECEDING FIVE YEARS.
   §  2. The opening paragraph and subparagraphs (viii) and (ix) of para-
 graph (b) of subdivision 1 of section 530.20 of the  criminal  procedure
 law,  as  added  by  section 16 of part JJJ of chapter 59 of the laws of
 2019, are amended and a  new  subparagraph  (x)  is  added  to  read  as
 follows:
   Where  the  principal  stands  charged  with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix bail, or, where the  defendant  is  charged
 with  a qualifying offense [which is a felony], the court may commit the
 principal to the custody of the sheriff. The  court  shall  explain  its
 choice of release, release with conditions, bail or remand on the record
 or in writing. A principal stands charged with a qualifying offense when
 he or she stands charged with:
   (viii)  criminal  contempt in the second degree as defined in subdivi-
 sion three of section 215.50 of the penal law, criminal contempt in  the
 first degree as defined in subdivision (b), (c) or (d) of section 215.51
 of  the  penal law or aggravated criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a
 duly served order of protection where the protected party is a member of
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this article; [or]
   (ix)  facilitating  a  sexual performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70 of the penal law[.]; OR
   (X)  A  MISDEMEANOR  OR  FELONY  OFFENSE  AND  THE  PRINCIPAL HAS BEEN
 CONVICTED OF ONE OR MORE MISDEMEANOR OR FELONY OFFENSES WITHIN THE IMME-
 DIATE PRECEDING FIVE YEARS.
   § 3. The opening paragraph and paragraphs (h) and (i) of subdivision 4
 of section 530.40 of the criminal procedure law, as added by section  18
 of  part  JJJ  of  chapter 59 of the laws of 2019, are amended and a new
 paragraph (j) is added to read as follows:
   Where the principal stands charged  with  a  qualifying  offense,  the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary  conditions,  fix  bail, or, where the defendant is charged
 with a qualifying offense [which is a felony], the court may commit  the
 principal  to  the  custody  of the sheriff. The court shall explain its
 choice of release, release with conditions, bail or remand on the record
 or in writing. A principal stands charged with a qualifying offense  for
 the purposes of this subdivision when he or she stands charged with:
   (h)  criminal  contempt in the second degree as defined in subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
 the  penal  law  or  aggravated  criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a
 duly served order of protection where the protected party is a member of

 S. 7106                             3
 
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this article; [or]
   (i)  facilitating  a  sexual  performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70 of the penal law[.]; OR
   (J)  A  MISDEMEANOR  OR  FELONY  OFFENSE  AND  THE  PRINCIPAL HAS BEEN
 CONVICTED OF ONE OR MORE MISDEMEANOR OR FELONY OFFENSES WITHIN THE IMME-
 DIATE PRECEDING FIVE YEARS.
   § 4. This act shall take effect on the  same  date  and  in  the  same
 manner as part JJJ of chapter 59 of the laws of 2019, takes effect.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.