What's happening
This bill prohibits judges from granting bail or recognizance to adults charged with felony sex crimes against minors who are vulnerable or disabled.
Why it matters
Targets heightened protection for especially vulnerable victims. by specifically removing bail eligibility for cases involving minors who are defined as “vulnerable persons” or “persons with a disability,” acknowledging their increased risk and need for safety.
Removes judicial discretion in these specific bail cases. , meaning that even if a judge believes a defendant poses little flight risk or danger, the law would not allow release on bail or recognizance for these charges, ensuring mandatory pre-trial detention.
Expands the scope of existing bail restrictions. to include not just the most serious felonies or repeat offenders, but also adults charged with any felony sex offense (under Article 130) against minors with certain vulnerabilities, broadening pre-trial detention policy in New York.
May have significant impacts on defendants’ legal strategy and jail populations. , as those accused under these circumstances would face mandatory detention regardless of individual circumstances, potentially affecting plea negotiations, access to legal counsel, and broader criminal justice system resources.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Ban Bail for Sex Crimes
Plain English, a few words. Used as the page title.
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
6901
2019-2020 Regular Sessions
IN ASSEMBLY
March 25, 2019
Introduced by M. of A. ORTIZ, ENGLEBRIGHT, SEAWRIGHT, DAVILA, MOSLEY, TAYLOR, COOK, D'URSO -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to prohibiting bail when a defendant is charged with a felony sex crime with a minor victim who is a vulnerable person or a person with a disability
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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, a superior court may not order recognizance or bail when the defendant is charged with a felony defined in article one hundred thirty of the penal law, committed or attempted to be committed by a person eighteen years of age or older against a person less than eighteen years of age who is a vulnerable person or a person with a disability as such terms are defined in section five hundred fifty of the executive law.
§ 2. Paragraph (a) of subdivision 2 of section 530.20 of the criminal procedure law, as amended by chapter 531 of the laws of 1975, is amended to read as follows:
(a) A city court, a town court or a village court may not order recognizance or bail when (i) the defendant is charged with a class A felony, [or] (ii) it appears that the defendant has two previous felony convictions[;], or (iii) the defendant is charged with any felony defined in article one hundred thirty of the penal law, committed or attempted to be committed by a person eighteen years of age or older against a person less than eighteen years of age who is a vulnerable person or a person with a disability as such terms are defined in section five hundred fifty of the executive law.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10917-01-9
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.