NY State Senate Bill 2023-S905

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 09, 2023	referred to codes

co-Sponsors

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2023-S905 (ACTIVE) - Details

See Assembly Version of this Bill:: A3573
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §510.10, CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6861, A9047
2021-2022: S1521, A1705
2025-2026: S32

2023-S905 (ACTIVE) - Summary

Relates to setting bail for dangerous defendants who pose a threat to public safety.

2023-S905 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S905

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to setting bail
for defendants who pose a threat to public safety

 
PURPOSE:

To allow greater judicial discretion in setting a securing order with
respect to ' a defendant's prior felony convictions, failure to make an
appearance in court, or subsequent arrests while awaiting trial.

 
SUMMARY OF PROVISIONS:

§ 1: Amends subdivision 1 of section 510.10 of the criminal procedure
law, as amended by as amended by section 1 of subpart C of part UU of
chapter 56 of the laws of 2022, to allow a court to make an individual-
ized determination or it is demonstrated and the court makes an individ-
ualized determination 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.

§ 2: Establishes the effective date.

 
JUSTIFICATION:

One of several flaws in the far-reaching bail and discovery reform
legislation that was hastily passed in the 2019-2020 New York State
Budget, is the lack of judicial discretion to take all factors into
consideration when setting bail for criminal defendants.

It is both relevant and reasonable to consider past and present criminal
activity before releasing someone on their own recognizance pretrial.

While this legislation does not call for unbridled judicial discretion,
it does allow the courts to make an appropriate risk assessment based on
a defendant's prior felony conviction, or present behavior that breaks
the public trust.

 
LEGISLATIVE HISTORY:

11/20/19: S.6861 REFERRED TO RULES

01/08/20: S.6861 REFERRED TO CODES

01/12/21: S.1521 REFERRED TO CODES

01/05/22: S.1521 REFERRED TO CODES

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S905 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    905
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sens.  TEDISCO,  BORRELLO,  GRIFFO,  HELMING, OBERACKER,
   O'MARA, ORTT, STEC, 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 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03622-01-3

 S. 905                              2
 
   (a) The principal's activities and history;
   (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.

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Senate Bill S905

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2023-S905 (ACTIVE) - Details

2023-S905 (ACTIVE) - Summary

2023-S905 (ACTIVE) - Sponsor Memo

2023-S905 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S905

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Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2023-S905 (ACTIVE) - Details

2023-S905 (ACTIVE) - Summary

2023-S905 (ACTIVE) - Sponsor Memo

2023-S905 (ACTIVE) - Bill Text download pdf

Comments