S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7067
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  adding  a
   defendant's  identifiable  ties to the community, state, and/or county
   to judges' considerations of whether to fix a securing order

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (i) and (j) of subdivision 1 of section 510.10
 of the criminal procedure law, as added by section 1  of  subpart  C  of
 part  UU  of chapter 56 of the laws of 2022, are amended and a new para-
 graph (k) is added to read as follows:
   (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[.]; AND
   (K) IF THE PRINCIPAL IS A DEFENDANT, WHETHER THE PRINCIPAL HAS TWO  OR
 MORE  IDENTIFIABLE  TIES TO THE COMMUNITY, STATE, AND/OR COUNTY, INCLUD-
 ING, BUT NOT LIMITED TO:
   (I) RESIDENCE;
   (II) EMPLOYMENT;
   (III) ENROLLMENT WITH AN EDUCATIONAL INSTITUTION;
   (IV) IMMEDIATE FAMILY.
   § 2. Paragraphs (i) and (j) of subdivision 1 of section 510.30 of  the
 criminal  procedure law, as amended by section 2 of subpart C of part UU
 of chapter 56 of the laws of 2022, are amended and a new  paragraph  (k)
 is added to read as follows:
   (i)  whether  the  charge is alleged to have caused serious harm to an
 individual or group of individuals; [and]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11016-01-3
 A. 7067                             2
 
              

   (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[.]; AND
   (K)  IF THE PRINCIPAL IS A DEFENDANT, WHETHER THE PRINCIPAL HAS TWO OR
 MORE IDENTIFIABLE TIES TO THE COMMUNITY, STATE, AND/OR  COUNTY,  INCLUD-
 ING, BUT NOT LIMITED TO:
   (I) RESIDENCE;
   (II) EMPLOYMENT;
   (III) ENROLLMENT WITH AN EDUCATIONAL INSTITUTION;
   (IV) IMMEDIATE FAMILY.
   §  3.  Subparagraphs (ix) and (x) of paragraph (a) of subdivision 1 of
 section 530.20 of the criminal procedure law, as amended by section 3 of
 subpart C of part UU of chapter 56 of the laws of 2022, are amended  and
 a new subparagraph (xi) is added to read as follows:
   (ix)  whether  the charge is alleged to have caused serious harm to an
 individual or group of individuals; [and]
   (x) 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[.]; AND
   (XI) IF THE PRINCIPAL IS A DEFENDANT, WHETHER THE PRINCIPAL HAS TWO OR
 MORE  IDENTIFIABLE  TIES TO THE COMMUNITY, STATE, AND/OR COUNTY, INCLUD-
 ING, BUT NOT LIMITED TO:
   (1) RESIDENCE;
   (2) EMPLOYMENT;
   (3) ENROLLMENT WITH AN EDUCATIONAL INSTITUTION;
   (4) IMMEDIATE FAMILY.
   § 4. Paragraphs (i) and (j) of subdivision 3 of section 530.40 of  the
 criminal procedure law, as added by section 3 of subpart B of part UU of
 chapter  56  of the laws of 2022, are amended and a new paragraph (k) is
 added to read as follows:
   (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[.]; AND
   (K) IF THE PRINCIPAL IS A DEFENDANT, WHETHER THE PRINCIPAL HAS TWO  OR
 MORE  IDENTIFIABLE  TIES TO THE COMMUNITY, STATE, AND/OR COUNTY, INCLUD-
 ING, BUT NOT LIMITED TO:
   (I) RESIDENCE;
   (II) EMPLOYMENT;
   (III) ENROLLMENT WITH AN EDUCATIONAL INSTITUTION;
   (IV) IMMEDIATE FAMILY.
   § 5. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.