What's happening
This bill requires courts to exonerate bail and release defendants on recognizance if a grand jury takes no action within 45 days, unless good cause is shown.
Why it matters
Limits prolonged pretrial detention. By requiring courts to release defendants on recognizance and exonerate bail if a grand jury does not act within 45 days, the bill reduces the risk that individuals will remain in jail for extended periods solely due to prosecutorial delays.
Increases prosecutorial accountability. The measure pressures prosecutors to present felony cases to a grand jury in a timely manner, as failure to do so could result in the defendant’s release and return of bail money.
Provides judicial oversight and flexibility. Courts can still deny release if the prosecution demonstrates “good cause,” ensuring that public safety or other compelling concerns can be addressed on a case-by-case basis.
Addresses fairness and due process. The bill aims to balance the presumption of innocence and the rights of the accused against the interests of the state, potentially preventing economic hardship and loss of liberty for people not yet indicted by a grand jury.
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Who cares
Defendants released on 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 retain bail.
Defense attorneys
They could seek bail exoneration and recognizance for eligible clients under the bill’s application process.
District attorneys
They would need to show good cause to prevent bail exoneration when defendants apply and meet the bill’s conditions.
Criminal courts
They would be required to exonerate bail and order recognizance on qualifying applications 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
2 Co-sponsors
4 Multi-sponsors
History
- Enacting clause stricken
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4956
2019-2020 Regular Sessions
IN ASSEMBLY
February 6, 2019
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.
LBD05877-01-9
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.