NY State Senate Bill 2019-S7205

Senate Bill S7205

2019-2020 Legislative Session

Ensures repeat offenders qualify for bail and pre-trial detention when the principal has been previously convicted of 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2020	referred to codes

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2019-S7205 (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 2021-2022 Legislative Session:: S2030

2019-S7205 (ACTIVE) - Summary

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

2019-S7205 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7205

SPONSOR: AKSHAR
 
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:

To ensure that those who have committed a felony offense within the
immediate preceding ten years qualify for bail and pretrial detention.

 
SUMMARY OF PROVISIONS:

Section 1: Adds new paragraph j of subdivision 4 of section 510.10 of
the criminal procedure law that states or any other felony offense and
the principal has been convicted of one or more felony offenses within
the immediate preceding ten years.

Section 2: Adds new paragraph x of subdivision 1 of section 530.20 of

the criminal procedure law that states or any other felony offense and
the principal has been convicted of one or more felony offenses within
the immediate preceding ten years.

Section 3: Adds new paragraph j of subdivision 4 of section 530.40 of
the criminal procedure law that states or any other felony offense and
the principal has been convicted of one or more felony offenses within
the immediate preceding ten years.

Section 4: States the effective date.

 
JUSTIFICATION:

The bail reform legislation that passed as part of the 2019-2020 State
Budget does not take into account an individual's prior criminal history
when determining if they qualify for bail or pretrial detention.

Mere days into the implementation of this new law there are countless
reports of criminals being released with no bail and reoffending. It is
crucial to the safety of all New Yorkers to fix this misguided law and
consider an individual's recent criminal history as a factor when deter-
mining bail.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2019-S7205 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7205
 
                             I N  S E N A T E
 
                             January 10, 2020
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- 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. Paragraphs (h) and (i) of subdivision 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:
   (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
   (J)  ANY  OTHER FELONY OFFENSE AND THE PRINCIPAL HAS BEEN CONVICTED OF
 ONE OR MORE FELONY OFFENSES WITHIN THE IMMEDIATE PRECEDING TEN YEARS.
   § 2. Subparagraphs (viii) and (ix) of paragraph (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:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14704-01-0

 S. 7205                             2
 
 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)  ANY  OTHER FELONY OFFENSE AND THE PRINCIPAL HAS BEEN CONVICTED OF
 ONE OR MORE FELONY OFFENSES WITHIN THE IMMEDIATE PRECEDING TEN YEARS.
   § 3. 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:
   (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]
   (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) ANY OTHER FELONY OFFENSE AND THE PRINCIPAL HAS BEEN  CONVICTED  OF
 ONE OR MORE FELONY OFFENSES WITHIN THE IMMEDIATE PRECEDING TEN YEARS.
   § 4. This act shall take effect immediately.

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