S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3573
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to setting  bail
   for defendants who pose a threat to public safety
 
   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 1 of subpart C of part UU of chapter 56 of
 the laws of 2022, 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 poses a
 risk of flight to avoid prosecution[. 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]
 OR  IT  IS  DEMONSTRATED AND THE COURT  MAKES AN INDIVIDUALIZED DETERMI-
 NATION BASED  ON THE PRINCIPAL'S RECORD OF A PRIOR FELONY CONVICTION,  A
 FAILURE  TO  APPEAR IN COURT OR IF THE PRINCIPAL IS ARRESTED DURING  THE
 INTERIM  PERIOD WHILE AWAITING A PRELIMINARY HEARING OR TRIAL. 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:
   (a) The principal's activities and history;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03622-01-3
              

 A. 3573                             2
 
   (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 354.1 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
 bail  without  posing  undue  hardship, as well as his or her ability to
 obtain a secured, unsecured, or partially secured bond;
   (g) Any violation by the principal of an order of protection issued by
 any court;
   (h) The principal's history of use or possession of a firearm;
   (i) Whether the charge is alleged to have caused serious  harm  to  an
 individual or group of individuals; and
   (j) 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.
   § 2. This act shall take effect immediately.