S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2572
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced by M. of A. WOERNER, BUTTENSCHON -- read once and referred to
   the Committee on Codes
 
 AN  ACT  to  amend  the criminal procedure law, in relation to directing
   courts  to  consider  a  principal's  primary  residence  location  in
   relation  to  the location of the court they are required to return to
   for a future appearance as a factor in determining whether to fix 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 510.30 of the criminal procedure
 law, as amended by section 5 of part JJJ of chapter 59 of  the  laws  of
 2019, is amended to read as follows:
   1.  With  respect  to  any  principal,  the court in all cases, unless
 otherwise provided by law, must impose the least  restrictive  kind  and
 degree of control or restriction that is necessary to secure the princi-
 pal's  return  to  court  when required. In determining that matter, the
 court must, on the basis of available  information,  consider  and  take
 into  account  information  about  the principal that is relevant to the
 principal's return to court, including:
   (a) The principal's activities and history;
   (b) If the principal is a defendant, the charges facing the principal;
   (c) The principal's criminal conviction record if any;
   (d) The principal's record of  previous  adjudication  as  a  juvenile
 delinquent,  as  retained  pursuant to section 354.2 of the family court
 act, or, of pending cases where fingerprints are  retained  pursuant  to
 section 306.1 of such act, or a youthful offender, if any;
   (e)  The  principal's  previous record with respect to flight to avoid
 criminal prosecution;
   (f) If monetary bail is authorized, according to the restrictions  set
 forth in this title, the principal's individual financial circumstances,
 and,  in cases where bail is authorized, the principal's ability to post
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01225-01-1
              

 A. 2572                             2
 
 bail without posing undue hardship, as well as his  or  her  ability  to
 obtain a secured, unsecured, or partially secured bond;
   (g)  Where  the  principal is charged with a crime or crimes against a
 member or members of the same  family  or  household  as  that  term  is
 defined  in subdivision one of section 530.11 of this title, the follow-
 ing factors:
   (i) any violation by the principal of an order of protection issued by
 any court for the protection of a member or members of the  same  family
 or  household  as  that  term  is  defined in subdivision one of section
 530.11 of this title,  whether  or  not  such  order  of  protection  is
 currently in effect; and
   (ii) the principal's history of use or possession of a firearm; [and]
   (h) If the principal is a defendant, in the case of an application for
 a  securing  order  pending  appeal,  the  merit or lack of merit of the
 appeal; AND
   (I) WHETHER THE PRINCIPAL'S PRIMARY RESIDENCE IS LOCATED  ONE  HUNDRED
 MILES  OR  MORE FROM THE LOCATION OF THE COURT IN WHICH THE PRINCIPAL IS
 SCHEDULED TO RETURN FOR A FUTURE APPEARANCE.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on January 1, 2020.