NY State Senate Bill 2023-S5252

Senate Bill S5252

2023-2024 Legislative Session

Ensures repeat offenders qualify for bail and pre-trial detention when the principal has been convicted of one or more misdemeanor or felony offenses

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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
Feb 28, 2023	referred to codes

co-Sponsors

2023-S5252 (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: S7106
2021-2022: S6153

2023-S5252 (ACTIVE) - Summary

Ensures repeat offenders qualify for bail and pre-trial detention when the principal has been convicted of one or more misdemeanor or felony offenses within the immediate preceding five years.

2023-S5252 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5252

SPONSOR: WEIK
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to ensuring
repeat offenders qualify for bail and pre-trial detention

 
PURPOSE:

To provide courts with the discretion to issue bail for repeat offen-
ders.

 
SUMMARY OF PROVISIONS:

Sections 1-3. Grant courts the discretion to issue bail for a defendant
that is charged with a misdemeanor or felony offense if they have a
prior conviction of one or more misdemeanor or felony offenses within
the immediate preceding five years.

Section 4. Establishes effective date.

 
JUSTIFICATION:

This bill seeks to address one of the major flaws of bail reform legis-
lation that was hastily passed in the 2019-2020 budget. Under bail
reform, repeat offenders will continue to be released pending trial as
long as the crime they have committed is not a "qualifying" offense. Law
enforcement will continue to see the same individuals repeatedly without
the ability of getting them off the streets. In two recent incidents,
for example, Steven Haynes assaulted a NYPD police officer, and despite
twenty-four prior arrests, the court was prohibited from issuing bail.
Tiffany Harris, punched two Jewish women in an anti-Semitic attack but
the courts were forced to release her. The following day, she attacked
another woman and the courts were once again forced to release her pend-
ing trial. This legislation would give courts the discretion to issue
bail or hold an individual pending trial if they have shown a pattern of
breaking the law.

 
LEGISLATIVE HISTORY:

2022: S. S6153- Referred to Codes

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
This act shall take effect January 1, 2024

2023-S5252 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5252
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2023
                                ___________
 
 Introduced  by  Sen.  WEIK  --  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  ensuring
   repeat offenders qualify for bail and pre-trial detention
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph and paragraphs (t) and (u) of  subdi-
 vision  4  of  section 510.10 of the criminal procedure law, the opening
 paragraph as amended by section 2 of part UU of chapter 56 of  the  laws
 of  2020, paragraph (t) as amended and paragraph (u) as added by section
 2 of subpart B of part UU of chapter 56 of the laws of 2022, are amended
 and a new paragraph (v) is added to read as follows:
   Where the principal stands charged  with  a  qualifying  offense,  the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary  conditions,  fix  bail, or, where the defendant is charged
 with a qualifying offense [which is a felony], the court may commit  the
 principal to the custody of the sheriff. A principal stands charged with
 a qualifying offense for the purposes of this subdivision when he or she
 stands charged with:
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined in section 265.01-b of the penal law,  provided,  however,  that
 the  prosecutor must show reasonable cause to believe that the defendant
 committed the instant crime and any underlying crime. For  the  purposes
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09217-01-3

 S. 5252                             2
 
 of  this subparagraph, any of the underlying crimes need not be a quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but  not  be  limited  to theft of or damage to property. However, based
 upon a review of the facts alleged in the accusatory instrument, if  the
 court determines that such theft is negligible and does not appear to be
 in  furtherance  of  other  criminal  activity,  the  principal shall be
 released on his or her own recognizance or under  appropriate  non-mone-
 tary conditions; [or]
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the  penal  law[.];
 OR
   (V)  A  MISDEMEANOR  OR  FELONY  OFFENSE  AND  THE  PRINCIPAL HAS BEEN
 CONVICTED OF ONE OR MORE MISDEMEANOR OR FELONY OFFENSES WITHIN THE IMME-
 DIATE PRECEDING FIVE YEARS.
   § 2. The opening paragraph and subparagraphs (xx) and (xxi)  of  para-
 graph  (b)  of subdivision 1 of section 530.20 of the criminal procedure
 law, the opening paragraph as amended by section 3 of part UU of chapter
 56 of the laws of 2020, subparagraph (xx) as  amended  and  subparagraph
 (xxi) as added by section 4 of subpart C of part UU of chapter 56 of the
 laws of 2022, are amended and a new subparagraph (xxii) is added to read
 as follows:
   Where  the  principal  stands  charged  with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix bail, or, where the  defendant  is  charged
 with  a qualifying offense [which is a felony], the court may commit the
 principal to the custody of the sheriff. The  court  shall  explain  its
 choice of release, release with conditions, bail or remand on the record
 or in writing. A principal stands charged with a qualifying offense when
 he or she stands charged with:
   (xx)  any felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b  of the penal law where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or property, provided, however, that the prosecutor must show reasonable
 cause  to believe that the defendant committed the instant crime and any
 underlying crime. For the purposes of  this  subparagraph,  any  of  the
 underlying  crimes  need  not be a qualifying offense as defined in this
 subdivision. For the purposes of this paragraph, "harm to  an  identifi-
 able person or property" shall include but not be limited to theft of or
 damage to property. However, based upon a review of the facts alleged in
 the  accusatory  instrument,  if the court determines that such theft is
 negligible and does not appear to be in furtherance  of  other  criminal
 activity, the principal shall be released on his or her own recognizance
 or under appropriate non-monetary conditions; [or]
   (xxi)  criminal  possession of a weapon in the third degree as defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of a firearm to a minor as  defined  in  section  265.16  of  the  penal
 law[.]; OR
 S. 5252                             3
 
   (XXII)  A  MISDEMEANOR  OR  FELONY  OFFENSE AND THE PRINCIPAL HAS BEEN
 CONVICTED OF ONE OR MORE MISDEMEANOR OR FELONY OFFENSES WITHIN THE IMME-
 DIATE PRECEDING FIVE YEARS.
   § 3. The opening paragraph and paragraphs (t) and (u) of subdivision 4
 of  section  530.40 of the criminal procedure law, the opening paragraph
 as amended by section 4 of part UU of chapter 56 of the  laws  of  2020,
 paragraph  (t)  as  amended  and  paragraph (u) as added by section 4 of
 subpart B of part UU of chapter 56 of the laws of 2022, are amended  and
 a new paragraph (v) is added to read as follows:
   Where  the  principal  stands  charged  with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix bail, or, where the  defendant  is  charged
 with  a qualifying offense [which is a felony], the court may commit the
 principal to the custody of the sheriff. The  court  shall  explain  its
 choice of release, release with conditions, bail or remand on the record
 or  in writing. A principal stands charged with a qualifying offense for
 the purposes of this subdivision when he or she stands charged with:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance ticket for a  separate
 felony  or  class A misdemeanor involving harm to an identifiable person
 or property, or any charge  of  criminal  possession  of  a  firearm  as
 defined  in  section  265.01-b of the penal law, provided, however, that
 the prosecutor must show reasonable cause to believe that the  defendant
 committed  the  instant crime and any underlying crime. For the purposes
 of this subparagraph, any of the underlying crimes need not be a  quali-
 fying  offense  as defined in this subdivision. For the purposes of this
 paragraph, "harm to an identifiable person or  property"  shall  include
 but  not  be  limited  to theft of or damage to property. However, based
 upon a review of the facts alleged in the accusatory instrument, if  the
 court determines that such theft is negligible and does not appear to be
 in  furtherance  of  other  criminal  activity,  the  principal shall be
 released on his or her own recognizance or under  appropriate  non-mone-
 tary conditions; [or]
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the  penal  law[.];
 OR
   (V)  A  MISDEMEANOR  OR  FELONY  OFFENSE  AND  THE  PRINCIPAL HAS BEEN
 CONVICTED OF ONE OR MORE MISDEMEANOR OR FELONY OFFENSES WITHIN THE IMME-
 DIATE PRECEDING FIVE YEARS.
   § 4. This act shall take effect January 1, 2024.

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Senate Bill S5252

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Sponsored By

Alexis Weik