NY State Senate Bill 2021-S2030

Senate Bill S2030

2021-2022 Legislative Session

Ensures repeat offenders qualify for bail and pre-trial detention when the principal has been previously convicted of felony offenses

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Archive: Last Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jan 16, 2021	referred to codes

co-Sponsors

2021-S2030 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in 2019-2020 Legislative Session:: S7205

2021-S2030 (ACTIVE) - Summary

Ensures repeat offenders qualify for bail and pre-trial detention when the principal has been convicted of one or more felony offenses within the immediate preceding ten years.

2021-S2030 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2030

SPONSOR: AKSHAR
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to ensuring
repeat offenders qualify for bail and pre-trial detention

 
PURPOSE:

To ensure that those who have committed a felony offense within the
immediate preceding ten years qualify for bail and pretrial detention.

 
SUMMARY OF PROVISIONS:

Section 1: Adds new paragraph j of subdivision 4 of section 510.10 of
the criminal procedure law that states or any other felony offense and
the principal has been convicted of one or more felony offenses within
the immediate preceding ten years.

Section 2: Adds new paragraph x of subdivision 1 of section 530.20 of

the criminal procedure law that states or any other felony offense and
the principal has been convicted of one or more felony offenses within
the immediate preceding ten years.

Section 3: Adds new paragraph j of subdivision 4 of section 530.40 of
the criminal procedure law that states or any other felony offense and
the principal has been convicted of one or more felony offenses within
the immediate preceding ten years.

Section 4: States the effective date.

 
JUSTIFICATION:

The bail reform legislation that passed as part of the 2019-2020 State
Budget does not take into account an individual's prior criminal history
when determining if they qualify for bail or pretrial detention.

Mere days into the implementation of this new law there are countless
reports of criminals being released with no bail and reoffending. It is
crucial to the safety of all New Yorkers to fix this misguided law and
consider an individual's recent criminal history as a factor when deter-
mining bail.

 
LEGISLATIVE HISTORY:

2020 - S7205: Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S2030 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2030
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure  law,  in  relation  to  ensuring
   repeat offenders qualify for bail and pre-trial detention
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (s) and (t) of subdivision 4 of  section  510.10
 of the criminal procedure law, as added by section 2 of part UU of chap-
 ter 56 of the laws of 2020, are amended and a new paragraph (u) is added
 to read as follows:
   (s)  a  felony,  where  the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, where such charge arose from conduct  occurring
 while  the  defendant  was  released  on  his or her own recognizance or
 released under conditions for a separate felony or class  A  misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that  the  prosecutor  must  show  reasonable  cause to believe that the
 defendant committed the instant crime and any underlying crime. For  the
 purposes  of this subparagraph, any of the underlying crimes need not be
 a qualifying offense as defined in this subdivision[.]; OR
   (U) ANY OTHER FELONY OFFENSE AND THE PRINCIPAL HAS BEEN  CONVICTED  OF
 ONE OR MORE FELONY OFFENSES WITHIN THE IMMEDIATE PRECEDING TEN YEARS.
   § 2. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of
 section 530.20 of the criminal procedure law, as amended by section 3 of
 part UU of chapter 56 of the laws of 2020, are amended and a new subpar-
 agraph (xxi) is added to read as follows:
   (xix)  a  felony, where the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04358-01-1

 S. 2030                             2
 
   (xx)  any felony or class A misdemeanor involving harm to an identifi-
 able person or property, where such charge arose from conduct  occurring
 while  the  defendant  was  released  on  his or her own recognizance or
 released under conditions for a separate felony or class  A  misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that  the  prosecutor  must  show  reasonable  cause to believe that the
 defendant committed the instant crime and any underlying crime. For  the
 purposes  of this subparagraph, any of the underlying crimes need not be
 a qualifying offense as defined in this subdivision[.]; OR
   (XXI) ANY OTHER FELONY OFFENSE AND THE PRINCIPAL HAS BEEN CONVICTED OF
 ONE OR MORE FELONY OFFENSES WITHIN THE IMMEDIATE PRECEDING TEN YEARS.
   § 3. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of  the
 criminal  procedure  law, as added by section 4 of part UU of chapter 56
 of the laws of 2020, are amended and a new paragraph  (u)  is  added  to
 read as follows:
   (s)  a  felony,  where  the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, where such charge arose from conduct  occurring
 while  the  defendant  was  released  on  his or her own recognizance or
 released under conditions for a separate felony or class  A  misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that  the  prosecutor  must  show  reasonable  cause to believe that the
 defendant committed the instant crime and any underlying crime. For  the
 purposes  of this subparagraph, any of the underlying crimes need not be
 a qualifying offense as defined in this subdivision[.]; OR
   (U) ANY OTHER FELONY OFFENSE AND THE PRINCIPAL HAS BEEN  CONVICTED  OF
 ONE OR MORE FELONY OFFENSES WITHIN THE IMMEDIATE PRECEDING TEN YEARS.
   § 4. This act shall take effect immediately.

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Senate Bill S2030

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Sponsored By

Fred Akshar