NY State Senate Bill 2023-S2523

Senate Bill S2523

2023-2024 Legislative Session

Relates to offenses for which a court may fix bail or commit a principal to custody of the sheriff

download bill text pdf

Current 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 03, 2024	referred to codes
Jan 23, 2023	referred to codes

2023-S2523 (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 Other Legislative Sessions:: 2019-2020: S8233
2021-2022: S2615

2023-S2523 (ACTIVE) - Summary

Authorizes a court to set bail or commit a principal to custody where the principal has been designated a sex offender.

2023-S2523 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2523

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to offenses for
which a court may fix bail or commit a principal to custody of the sher-
iff

 
PURPOSE:

The purpose of this bill is to allow courts to fix bail or commit a
principal to custody of the sheriff on offenses committed by sex offen-
ders.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the law to add that under control of the
court for future offenses or pending trial, if the principal has been
designated a sex offender under article six-6 of the correction law, the
court has the discretion to fix bail or commit the principal to custody
of the sheriff.

Section 2 of the bill adds that under all other circumstances, if the
principal has been designated a sex offender under article six-6 of the
correction law, the court has the discretion to fix bail or commit the
principal to custody of the sheriff.

Section 3 states that the court shall explain its determination in writ-
ing.

Section 4 states that this act shall take on the thirtieth day after it
shall have become a law.

 
JUSTIFICATION:

This act is in response to the bail reform that passed and has allowed
sexual predators to be freely released into our communities after
committing crimes. In the best interest of the safety of New York resi-
dents, this bill aims to give discretion back to the judicial system
when an individual commits a crime and was previously designated as a
sex offender. Sex offenders should not just to be automatic releases
back into our communities. Our judges should be able to make the deter-
mination if this individual should be released or held on bail.

 
LEGISLATIVE HISTORY:

2021-2022: S.2615 referred to Codes/A.3761 referred to Codes

2020: S.8233 referred to Codes/A.10269 referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

2023-S2523 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2523
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by  Sen. HELMING -- 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 offenses  for
   which  a  court  may  fix bail or commit a principal to custody of the
   sheriff

   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 and subdivision 3 of
 section  510.10  of the criminal procedure law, the opening paragraph of
 subdivision 1 as amended by section 1 of subpart C of part UU of section
 56 of the laws of 2022 and subdivision 3 as added by section 2  of  part
 JJJ of chapter 59 of the laws of 2019, are 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  THAT  THE  PRINCIPAL  HAS  BEEN
 DESIGNATED  A SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW. 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05471-01-3
 S. 2523                             2

 
   3.  In  cases  other  than  as  described  in subdivision four of this
 section the court shall release the principal pending trial on the prin-
 cipal's own recognizance, unless the court finds on  the  record  or  in
 writing  that:  (A) release on the principal's own recognizance will not
 reasonably assure the principal's return to court; OR (B) THAT THE PRIN-
 CIPAL  HAS  BEEN  DESIGNATED  A  SEX OFFENDER UNDER ARTICLE SIX-C OF THE
 CORRECTION LAW. In such instances, the court shall release the principal
 under non-monetary conditions, selecting the least restrictive  alterna-
 tive  and  conditions that will reasonably assure the principal's return
 to court; PROVIDED, HOWEVER, WHERE THE PRINCIPAL HAS BEEN  DESIGNATED  A
 SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW, THE COURT MAY IN
 ITS  DISCRETION  FIX  BAIL OR COMMIT THE PRINCIPAL TO THE CUSTODY OF THE
 SHERIFF. The court shall explain its [choice  of  alternative]  DETERMI-
 NATION and conditions on the record or in writing.
   §  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
 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; OR THAT THE PRINCIPAL HAS BEEN
 DESIGNATED A SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW.  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;  PROVIDED,
 HOWEVER,  WHERE  THE  PRINCIPAL HAS BEEN DESIGNATED A SEX OFFENDER UNDER
 ARTICLE SIX-C OF THE CORRECTION LAW, THE COURT MAY IN ITS DISCRETION FIX
 BAIL OR COMMIT THE PRINCIPAL TO THE CUSTODY OF THE SHERIFF.   The  court
 shall  explain  its [choice of alternative] DETERMINATION 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 THAT THE PRINCIPAL HAS BEEN
 DESIGNATED A SEX OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW.  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;  HOWEVER,
 WHERE  THE  PRINCIPAL  HAS  BEEN DESIGNATED A SEX OFFENDER UNDER ARTICLE
 SIX-C OF THE CORRECTION LAW, THE COURT MAY IN ITS DISCRETION FIX BAIL OR
 COMMIT THE PRINCIPAL TO THE CUSTODY OF  THE  SHERIFF.  The  court  shall
 explain  its [choice of alternative] DETERMINATION 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 on the thirtieth day  after  it  shall
 have become a law.

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