Assembly Bill A4208A

2023-2024 Legislative Session

Relates to setting bail for defendants that pose a current physical threat to public safety

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Current Bill Status - In Assembly 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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Bill Amendments

2023-A4208 - Details

See Senate Version of this Bill:
S5335
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §510.10, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6840
2021-2022: A10247, S6947

2023-A4208 - Summary

Relates to setting bail for defendants that pose a current physical threat to public safety and the factors that should be considered.

2023-A4208 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4208
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2023
                                ___________
 
 Introduced  by M. of A. RA -- read once and referred to the Committee on
   Codes
 
 AN ACT to amend the criminal procedure law, in relation to setting  bail
   for defendants that 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. 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 IT IS DEMONSTRATED AND THE COURT
 MAKES AN INDIVIDUALIZED DETERMINATION THAT THE 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. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08884-01-3

2023-A4208A (ACTIVE) - Details

See Senate Version of this Bill:
S5335
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §510.10, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6840
2021-2022: A10247, S6947

2023-A4208A (ACTIVE) - Summary

Relates to setting bail for defendants that pose a current physical threat to public safety and the factors that should be considered.

2023-A4208A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4208--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2023
                                ___________
 
 Introduced  by M. of A. RA -- read once and referred to the Committee on
   Codes -- recommitted to the Committee  on  Codes  in  accordance  with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the criminal procedure law, in relation to setting bail
   for defendants that 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. The opening paragraph of subdivision 1 of section 510.10 of
 the criminal procedure law, as amended by section 2 of subpart A of part
 VV of chapter 56 of the laws of 2023, 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 impose a securing order in accordance with this  title.
 Except as otherwise required by law, the court shall make an individual-
 ized  determination as to whether the principal poses A CURRENT PHYSICAL
 DANGER TO THE SAFETY OF ANY CRIME VICTIM, PERSON OR  THE  COMMUNITY  AND
 MAKE AN INDIVIDUALIZED DETERMINATION AS TO WHETHER THE PRINCIPAL POSES a
 risk  of  flight  to  avoid prosecution[,]. THE COURT SHALL consider the
 kind and degree of control or restriction necessary to reasonably assure
 the principal's return to court AND THE  SAFETY  OF  ANY  CRIME  VICTIM,
 PERSON OR THE COMMUNITY, and select a securing order consistent with its
 determination  under this subdivision. The court shall explain the basis
 for its determination and its choice of securing order on the record  or
 in  writing. In making a determination under this subdivision, the court
 must consider and take into  account  available  information  about  the
 principal, including:
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08884-02-4

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