Assembly Bill A10247

2021-2022 Legislative Session

Relates to setting bail for defendants that pose a current physical threat to public safety

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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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2021-A10247 (ACTIVE) - Details

See Senate Version of this Bill:
S6947
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §510.10, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6840
2023-2024: A4208, S5335

2021-A10247 (ACTIVE) - Summary

Relates to setting bail for defendants that pose a current physical threat to public safety.

2021-A10247 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10247
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Ra) -- read
   once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to setting  bail
   for defendants that pose a threat to public safety
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 510.10 of the  criminal  procedure
 law,  as  amended  by section 2 of part JJJ of chapter 59 of the laws of
 2019, is amended to read as follows:
   1. When a principal, whose  future  court  attendance  at  a  criminal
 action or proceeding is or may be required, comes under the control of a
 court,  such  court  shall, in accordance with this title, by a securing
 order release the principal on the principal's own recognizance, release
 the principal under non-monetary conditions, or, where  authorized,  fix
 bail  or commit the principal to the custody of the sheriff. In all such
 cases, except where another type  of  securing  order  is  shown  to  be
 required  by law, the court shall release the principal pending trial on
 the principal's own recognizance, unless  it  is  demonstrated  and  the
 court  makes  an individualized determination that the principal poses a
 risk of flight to avoid prosecution OR IT IS DEMONSTRATED AND THE  COURT
 MAKES AN INDIVIDUALIZED DETERMINATION THAT THE PRINCIPAL POSES A CURRENT
 PHYSICAL  DANGER TO THE SAFETY OF ANY CRIME VICTIM, PERSON OR THE COMMU-
 NITY. [If such a finding is  made,  the  court  must  select  the  least
 restrictive alternative and condition or conditions that will reasonably
 assure  the  principal's  return  to court.] The court shall explain its
 choice of release, release with conditions, bail or remand on the record
 or in writing.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08007-01-1

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