What's happening
This bill requires courts to exonerate bail and release defendants on recognizance if a felony complaint is pending over 45 days without grand jury action, unless prosecutors show good cause.
Why it matters
Addresses pretrial detention fairness. By requiring bail to be exonerated and defendants released on recognizance if grand jury action is delayed beyond 45 days, the bill aims to prevent people from being held (or kept under financial hardship) due to prosecutorial delays, protecting defendants’ rights.
Puts pressure on prosecutors. The legislation incentivizes district attorneys to move felony complaints forward promptly to grand jury consideration, reducing the likelihood of cases stalling and defendants languishing in legal limbo.
Limits exceptions to “good cause” only. Courts can only deny release after 45 days if prosecutors demonstrate a specific, justifiable reason, raising the standard for continued pretrial restrictions and potentially reducing arbitrary or prolonged bail.
Could reduce jail populations and bail-related inequities. Many people held on bail are unable to pay, so this bill could lower pretrial detention numbers and address disparities impacting low-income defendants, making the justice system more equitable.
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Who cares
Defendants who have posted bail on felony complaints
They could apply to have bail exonerated and be released on recognizance after at least 45 days from arraignment without grand jury action, unless prosecutors show good cause to deny the request.
Defense attorneys
They could seek bail exoneration and recognizance for eligible clients whose felony complaints remain pending without grand jury action.
Prosecutors
They would need to show good cause to keep bail in place when an eligible defendant applies for relief.
Criminal courts
They would have to grant eligible applications to exonerate bail and order recognizance unless prosecutors show good cause for denial.
Headline styles
End Bail After 45 Days
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
4 Multi-sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4658
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 2017
Introduced by M. of A. TITUS, COOK, O'DONNELL -- Multi-Sponsored by -- M. of A. GOTTFRIED, JAFFEE, PERRY, ZEBROWSKI -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to exoneration of bail
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 530.20 of the criminal procedure law is amended by adding a new subdivision 3 to read as follows:
3. When a local criminal court has, in accordance with this section, ordered bail with respect to a defendant charged by felony complaint, and the defendant is subsequently at liberty in the action following the posting of bail, such court shall upon application of the defendant, exonerate bail and order recognizance when, at the time of the defendant's application therefor, the felony complaint has been pending in such local criminal court, with no action of the grand jury, for a period of at least forty-five days from the date of the defendant's arraignment thereon; provided, however, that the court may deny such application where the people show good cause why bail should not be exonerated.
§ 2. Section 530.40 of the criminal procedure law is amended by adding a new subdivision 5 to read as follows:
5. Notwithstanding the provisions of subdivision two of this section, where a defendant charged by felony complaint is at liberty in the action following the posting of bail, the court shall upon application of the defendant, exonerate bail and order recognizance when, at the time of the defendant's application therefor, such felony complaint has been pending, with no action of the grand jury, for a period of at least forty-five days from the date of the defendant's arraignment thereon; provided, however, that the court may deny such application where the people show good cause why bail should not be exonerated.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02808-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.