What's happening
This bill allows New York courts to consider a defendant's threat to public safety when determining bail or release conditions.
Why it matters
Expands judicial discretion. by allowing judges to consider both risk of flight and immediate physical danger to victims, individuals, or the community when deciding bail or release conditions, not just whether a defendant will return to court.
Prioritizes public safety. in pretrial decisions, meaning that people who are deemed a current threat can have stricter conditions imposed on them, which could prevent potentially dangerous individuals from being released after arrest.
Balances rights and restrictions. by requiring that if a danger is found, the court must still pick the least restrictive means necessary to ensure safety and court appearance, rather than defaulting to detention or high bail.
Increases transparency and accountability. by mandating that judges explain their reasoning for imposing release conditions or bail, either on the record or in writing, which could help protect against arbitrary or biased decisions.
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Who cares
Headline styles
Let Judges Weigh Public Safety
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9027
IN ASSEMBLY
January 10, 2020
Introduced by M. of A. BUTTENSCHON -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to allowing the courts to consider a principal's threat to public safety when determining bail
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 510.10 of the criminal procedure law, as amended by section 2 of part JJJ of chapter 59 of the laws of 2019, 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 or such principal poses a current physical danger to the safety of any crime victim, person or the community. 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. The court shall explain its choice of release, release with conditions, bail or remand on the record or in writing.
§ 2. Paragraph (a) of subdivision 1 of section 530.20 of the criminal procedure law, as added by section 16 of part JJJ of chapter 59 of the laws of 2019, is amended to read as follows:
(a) In cases other than as described in paragraph (b) of this subdivision the court shall release the principal pending trial on the principal's own recognizance, unless the court finds on the record or in writing that release on the principal's own recognizance will not reasonably
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14316-01-9
A. 9027 2
assure the principal's return to court or such principal poses a current physical danger to the safety of any crime victim, person or the community. In such instances, the court shall release the principal under non-monetary conditions, selecting the least restrictive alternative and conditions that will reasonably assure the principal's return to court. The court shall explain its choice of alternative and conditions on the record or in writing.
§ 3. Subdivision 3 of section 530.40 of the criminal procedure law, as amended by section 18 of part JJJ of chapter 59 of the laws of 2019, is amended to read as follows:
3. In cases other than as described in subdivision four of this section the court shall release the principal pending trial on the principal's own recognizance, unless the court finds on the record or in writing that release on the principal's own recognizance will not reasonably assure the principal's return to court or such principal poses a current physical danger to the safety of any crime victim, person or the community. In such instances, the court shall release the principal under non-monetary conditions, selecting the least restrictive alternative and conditions that will reasonably assure the principal's return to court. The court shall explain its choice of alternative and conditions on the record or in writing.
§ 4. This act shall take effect on the same date and in the same manner as part JJJ of chapter 59 of the laws of 2019, takes effect.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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