Assembly Bill A1027

2021-2022 Legislative Session

Relates to allowing courts to consider a principal's threat to public safety when determining bail

download bill text pdf

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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-A1027 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9027
2023-2024: A1402

2021-A1027 (ACTIVE) - Summary

Allows courts to consider whether a principal poses a current physical danger to the safety of any crime victim, person or the community when determining bail.

2021-A1027 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1027
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M.  of A. BUTTENSCHON, WOERNER, JONES, WALLACE, GRIFFIN,
   ABBATE, STERN -- read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to allowing  the
   courts  to  consider a principal's threat to public safety when deter-
   mining bail

   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 SUCH 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. Paragraph (a) 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, is amended to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00662-01-1

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