S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3761
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M. of A. SCHMITT, M. MILLER -- read once and referred to
   the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to offenses  for
   which  a  court  may  fix bail or commit a principal to custody of the
   sheriff
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1  and  3 of section 510.10 of the criminal
 procedure law, subdivision 1 as amended and subdivision 3  as  added  by
 section  2 of part JJJ of chapter 59 of the laws of 2019, are 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:   (A) the principal
 poses a risk of flight to avoid prosecution; OR (B) THAT  THE  PRINCIPAL
 HAS BEEN DESIGNATED A SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION
 LAW. If such a finding is made, the court must select the least restric-
 tive 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.
   3.  In  cases  other  than  as  described  in subdivision four of this
 section the court shall release the principal pending trial on the prin-
 cipal's own recognizance, unless the court finds on  the  record  or  in

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

                                                            LBD04713-01-1

 A. 3761                             2
 
 writing  that:  (A) release on the principal's own recognizance will not
 reasonably assure the principal's return to court; OR (B) THAT THE PRIN-
 CIPAL HAS BEEN DESIGNATED A SEX OFFENDER  UNDER  ARTICLE  SIX-C  OF  THE
 CORRECTION LAW. In such instances, the court shall release the principal
 under  non-monetary conditions, selecting the least restrictive alterna-
 tive and conditions that will reasonably assure the  principal's  return
 to  court;  PROVIDED, HOWEVER, WHERE THE PRINCIPAL HAS BEEN DESIGNATED A
 SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW, THE COURT MAY IN
 ITS DISCRETION FIX BAIL OR COMMIT THE PRINCIPAL TO THE  CUSTODY  OF  THE
 SHERIFF.  The  court  shall explain its [choice of alternative] DETERMI-
 NATION and conditions 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:
   (a) In cases other than as described in paragraph (b) of this subdivi-
 sion the court shall release the principal pending trial on the  princi-
 pal's own recognizance, unless the court finds on the record or in writ-
 ing  that:  (A)  release  on  the  principal's own recognizance will not
 reasonably assure the principal's return to court; OR (B) THAT THE PRIN-
 CIPAL HAS BEEN DESIGNATED A SEX OFFENDER  UNDER  ARTICLE  SIX-C  OF  THE
 CORRECTION LAW. In such instances, the court shall release the principal
 under  non-monetary conditions, selecting the least restrictive alterna-
 tive and conditions that will reasonably assure the  principal's  return
 to  court;  PROVIDED, HOWEVER, WHERE THE PRINCIPAL HAS BEEN DESIGNATED A
 SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW, THE COURT MAY IN
 ITS DISCRETION FIX BAIL OR COMMIT THE PRINCIPAL TO THE  CUSTODY  OF  THE
 SHERIFF.  The  court  shall explain its [choice of alternative] DETERMI-
 NATION and conditions on the record or in writing.
   § 3. Subdivision 3 of section 530.40 of the criminal procedure law, as
 amended by section 18 of part JJJ of chapter 59 of the laws of 2019,  is
 amended to read as follows:
   3.  In  cases  other  than  as  described  in subdivision four of this
 section the court shall release the principal pending trial on the prin-
 cipal's own recognizance, unless the court finds on  the  record  or  in
 writing  that:  (A) release on the principal's own recognizance will not
 reasonably assure the principal's return to court; OR (B) THAT THE PRIN-
 CIPAL HAS BEEN DESIGNATED A SEX OFFENDER  UNDER  ARTICLE  SIX-C  OF  THE
 CORRECTION LAW. In such instances, the court shall release the principal
 under  non-monetary conditions, selecting the least restrictive alterna-
 tive and conditions that will reasonably assure the  principal's  return
 to  court; HOWEVER, WHERE THE PRINCIPAL HAS BEEN DESIGNATED A SEX OFFEN-
 DER UNDER ARTICLE SIX-C OF THE CORRECTION LAW,  THE  COURT  MAY  IN  ITS
 DISCRETION  FIX BAIL OR COMMIT THE PRINCIPAL TO THE CUSTODY OF THE SHER-
 IFF. The court shall explain its [choice of  alternative]  DETERMINATION
 and conditions on the record or in writing.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.