Permits denial of bail or release in certain cases involving dangerous crimes or to protect jurors, witnesses or evidence; repealer

4 Co-sponsors

• Tony Jordan
• Thomas McKevitt
• Joseph Saladino
• Gary Finch

BILL NUMBER:A10564

Title of bill

An act to amend the criminal procedure law, in relation to permitting a judicial officer on application of a prosecuting attor- ney to deny bail or pretrial release to certain persons accused of dangerous crimes or to release such persons on condition in certain circumstances or to deny bail or pretrial release to persons accused of a crime when necessary to protect trial witnesses, jurors or evidence or to detain or release or release on condition persons convicted of a dangerous crime who are awaiting sentence or the decision on an appeal and repealing certain provisions of such law relating thereto

Purpose

This bill provides for partial or total detention by judicial order of certain categories of accused persons charged with certain dangerous crimes prior to trial when necessary to assure the safety of any other person or the community. In addition, the bill authorizes pretrial detention of an accused person charged with any crime, danger- ous or not, when necessary to safeguard a trial witness or juror from being threatened, injured or intimidated or trial evidence from being secreted, interfered with or destroyed. The bill also provides for conditional release, including release on bail, when detention is not necessary to achieve the bill's protective objectives but unconditional release is insufficiently protective and for unconditional, release when a restricted form of release is not needed to serve the bill's purpose.

Summary of provisions

The criminal procedure law is amended by adding a new section 180.05 subject to provisions of section 530.15, to permit denial of bail or release in certain cases involving dangerous crimes or to protect jurors, witnesses or evidence; repealer.

Justification

Dangerous crime has increased substantially in the past decade and both statistical studies and the experience of law enforce- ment officers indicate that a significant amount of dangerous crime is perpetrated by persons charged with dangerous crimes and then released to await trial, sentencing or the outcome of an appeal. The proposed bill attempts to protect the public from this on- release criminality and also to protect trial witnesses, jurors and evidence from threats, intimidation or injury.

Legislative history

Is this a new bill? Or do we use Walker's legisla- tive history?

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.