S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1402
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. BUTTENSCHON, JONES, STERN, THIELE, WALLACE, WOER-
   NER -- 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. The opening paragraph of subdivision 1 of section 510.10 of
 the criminal procedure law, as amended by section 1 of subpart C of part
 UU of chapter 56 of the laws of 2022, is amended to read as follows:
   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. In making its determination, the court must consider and
 take into account available information about the principal, including:
   § 2. The opening paragraph  of  paragraph  (a)  of  subdivision  1  of
 section 530.20 of the criminal procedure law, as amended by section 3 of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04737-01-3
 A. 1402                             2
              

 
 subpart  C  of  part UU of chapter 56 of the laws of 2022, is amended to
 read as follows:
   In  cases other than as described in paragraph (b) of this subdivision
 the court shall release the principal pending trial on  the  principal's
 own  recognizance,  unless  the  court finds on the record or in writing
 that release on the principal's own  recognizance  will  not  reasonably
 assure  the  principal's  return to court.  In such instances, the court
 shall release the principal under non-monetary conditions, selecting the
 least restrictive alternative and conditions that will reasonably assure
 the principal's return to court OR SUCH PRINCIPAL POSES A CURRENT  PHYS-
 ICAL  DANGER TO THE SAFETY OF ANY CRIME VICTIM, PERSON OR THE COMMUNITY.
 The court shall explain its choice of alternative and conditions on  the
 record  or  in  writing.  In  making  its  determination, the court must
 consider and take into account available information about  the  princi-
 pal, including:
   §  3.  The opening paragraph of subdivision 3 of section 530.40 of the
 criminal procedure law, as amended by section 3 of subpart B of part  UU
 of chapter 56 of the laws of 2022, is amended to read as follows:
   In  cases  other than as described in subdivision four of this section
 the court shall release the principal pending trial on  the  principal's
 own  recognizance,  unless  the  court finds on the record or in writing
 that release on the principal's own  recognizance  will  not  reasonably
 assure the principal's return to court OR SUCH PRINCIPAL POSES A CURRENT
 PHYSICAL  DANGER TO THE SAFETY OF ANY CRIME VICTIM, PERSON OR THE COMMU-
 NITY. In such instances, the court shall  release  the  principal  under
 non-monetary conditions, selecting the least restrictive alternative and
 conditions  that will reasonably assure the principal's return to court.
 The court shall explain its choice of alternative and conditions on  the
 record  or  in  writing.  In  making  its  determination, the court must
 consider and take into account available information about  the  princi-
 pal, including:
   § 4. This act shall take effect immediately.