Assembly Bill A2076

2021-2022 Legislative Session

Relates to detaining principals before trial

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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2021-A2076 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §510.10, CP L
Versions Introduced in 2019-2020 Legislative Session:
A9051

2021-A2076 (ACTIVE) - Summary

Allows for courts to detain principals before trial where the principal: poses a risk of flight, has a record of missing mandated court appearances, is a danger to himself, herself and/or another person, and/or has been previously convicted of a crime or has engaged in activities which the court determines requires the principal not be released pending trial on the principal's own recognizance.

2021-A2076 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2076
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by M. of A. BARNWELL, BUTTENSCHON, ABBATE -- Multi-Sponsored
   by -- M. of A.  ASHBY, BYRNES, DeSTEFANO,  DiPIETRO,  GRIFFIN,  JONES,
   MANKTELOW,  MONTESANO,  REILLY,  STERN, TAGUE, THIELE, WALCZYK -- read
   once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  detaining
   principals before trial
 
   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; (A)
 poses a risk of flight to avoid prosecution; (B) HAS A RECORD OF MISSING
 MANDATED COURT APPEARANCES; (C) IS A DANGER TO HIMSELF,  HERSELF  AND/OR
 ANOTHER  PERSON;  AND/OR (D) HAS BEEN PREVIOUSLY CONVICTED OF A CRIME OR
 HAS ENGAGED IN ACTIVITIES WHICH THE COURT DETERMINES REQUIRES THE  PRIN-
 CIPAL NOT BE RELEASED PENDING TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE.
 If  such  a  finding  is  made,  the court [must] SHALL select the least
 restrictive alternative and condition or conditions that will reasonably
 assure the principal's return to court AND, AT FUTURE COURT  APPEARANCES
 UPON HEARING FROM THE PRINCIPAL AND THE PEOPLE, THE COURT SHALL CONSIDER
 A  LESSENING  OF  CONDITIONS  OR MODIFICATION OF CONDITIONS.   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.

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