What's happening
This bill expands the list of offenses eligible for bail to include additional drug crimes, violent crimes, and aggravated family offenses.
Why it matters
Expands judicial discretion. By adding more offenses to the list of crimes eligible for bail, judges have broader authority to set bail, keep defendants in custody, or apply non-monetary conditions for a wider range of serious charges, potentially affecting pretrial detention rates.
Targets drug and violence-related crimes. The inclusion of class B, C, and D drug felonies, crimes resulting in death or serious physical injury, and aggravated family offenses means individuals accused of these offenses face a higher chance of pretrial detention, signaling a shift toward stricter pretrial controls for these categories.
Potential impact on victims and public safety. By allowing bail for aggravated family offenses and violations of protection orders, the bill may provide increased protection for victims of domestic violence and their families, addressing concerns about repeat offenders being quickly released.
Reverses elements of prior bail reform. The bill undoes some of the 2019 bail reform exclusions, responding to criticisms that the previous law was too lenient for certain drug and violent crimes, and reflects ongoing debate over balancing criminal justice reform with community safety concerns.
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Expand Bail for Drug, Domestic Crimes
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3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9030
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 drug and domestic violence offenses qualifying for bail
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The opening paragraph and paragraphs (a), (d), (h) and (i) of subdivision 4 of section 510.10 of the criminal procedure law, as added by section 2 of part JJJ of chapter 59 of the laws of 2019, are amended and three new paragraphs (j), (k) and (l) are added to read as follows:
Where the principal stands charged with a qualifying offense, the court, unless otherwise prohibited by law, may in its discretion release the principal pending trial on the principal's own recognizance or under non-monetary conditions, fix bail, or, where the defendant is charged with a qualifying offense [which is a felony], the court may commit the principal to the custody of the sheriff. A principal stands charged with a qualifying offense for the purposes of this subdivision when he or she stands charged with:
(a) a felony enumerated in section 70.02 of the penal law[, other than burglary in the second degree as defined in subdivision two of section 140.25 of the penal law or robbery in the second degree as defined in subdivision one of section 160.10 of the penal law];
(d) a class A felony as defined in the penal law[, other than in article two hundred twenty of such law with the exception of section 220.77 of such law];
(h) criminal contempt in the second degree as defined in subdivision three of section 215.50 of the penal law, criminal contempt in the first degree as defined in subdivision (b), (c) or (d) of section 215.51 of the penal law or aggravated criminal contempt as defined in section 215.52 of the penal law, and the underlying allegation of such charge of criminal contempt in the second degree, criminal contempt in the first degree or aggravated criminal contempt is that the defendant violated a duly served order of protection where the protected party is a member of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14317-01-9
A. 9030 2
the defendant's same family or household as defined in subdivision one of section 530.11 of this article; [or]
(i) facilitating a sexual performance by a child with a controlled substance or alcohol as defined in section 263.30 of the penal law, use of a child in a sexual performance as defined in section 263.05 of the penal law or luring a child as defined in subdivision one of section 120.70 of the penal law[.];
(j) a class B, C or D felony enumerated in article two hundred twenty of the penal law;
(k) a crime which resulted in death or serious physical injury; or
(l) an aggravated family offense as defined in section 240.75 of the penal law.
§ 2. The opening paragraph and subparagraphs (i), (iv), (viii) and (ix) of paragraph (b) 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, are amended and three new subparagraphs (x), (xi) and (xii) are added to read as follows:
Where the principal stands charged with a qualifying offense, the court, unless otherwise prohibited by law, may in its discretion release the principal pending trial on the principal's own recognizance or under non-monetary conditions, fix bail, or, where the defendant is charged with a qualifying offense [which is a felony], the court may commit the principal to the custody of the sheriff. The court shall explain its choice of release, release with conditions, bail or remand on the record or in writing. A principal stands charged with a qualifying offense when he or she stands charged with:
(i) a felony enumerated in section 70.02 of the penal law[, other than burglary in the second degree as defined in subdivision two of section 140.25 of the penal law or robbery in the second degree as defined in subdivision one of section 160.10 of the penal law];
(iv) a class A felony defined in the penal law[, other than in article two hundred twenty of such law with the exception of section 220.77 of such law];
(viii) criminal contempt in the second degree as defined in subdivision three of section 215.50 of the penal law, criminal contempt in the first degree as defined in subdivision (b), (c) or (d) of section 215.51 of the penal law or aggravated criminal contempt as defined in section 215.52 of the penal law, and the underlying allegation of such charge of criminal contempt in the second degree, criminal contempt in the first degree or aggravated criminal contempt is that the defendant violated a duly served order of protection where the protected party is a member of the defendant's same family or household as defined in subdivision one of section 530.11 of this article; [or]
(ix) facilitating a sexual performance by a child with a controlled substance or alcohol as defined in section 263.30 of the penal law, use of a child in a sexual performance as defined in section 263.05 of the penal law or luring a child as defined in subdivision one of section 120.70 of the penal law[.];
(x) a class B, C or D felony enumerated in article two hundred twenty of the penal law;
(xi) a crime which resulted in death or serious physical injury; or
(xii) an aggravated family offense as defined in section 240.75 of the penal law.
§ 3. The opening paragraph and paragraphs (a), (d), (h) and (i) of subdivision 4 of section 530.40 of the criminal procedure law, as added
A. 9030 3
by section 18 of part JJJ of chapter 59 of the laws of 2019, are amended and three new paragraphs (j), (k) and (l) are added to read as follows:
Where the principal stands charged with a qualifying offense, the court, unless otherwise prohibited by law, may in its discretion release the principal pending trial on the principal's own recognizance or under non-monetary conditions, fix bail, or, where the defendant is charged with a qualifying offense [which is a felony], the court may commit the principal to the custody of the sheriff. The court shall explain its choice of release, release with conditions, bail or remand on the record or in writing. A principal stands charged with a qualifying offense for the purposes of this subdivision when he or she stands charged with:
(a) a felony enumerated in section 70.02 of the penal law[, other than burglary in the second degree as defined in subdivision two of section 140.25 of the penal law or robbery in the second degree as defined in subdivision one of section 160.10 of the penal law];
(d) a class A felony as defined in the penal law[, other than in article two hundred twenty of such law with the exception of section 220.77 of such law];
(h) criminal contempt in the second degree as defined in subdivision three of section 215.50 of the penal law, criminal contempt in the first degree as defined in subdivision (b), (c) or (d) of section 215.51 of the penal law or aggravated criminal contempt as defined in section 215.52 of the penal law, and the underlying allegation of such charge of criminal contempt in the second degree, criminal contempt in the first degree or aggravated criminal contempt is that the defendant violated a duly served order of protection where the protected party is a member of the defendant's same family or household as defined in subdivision one of section 530.11 of this article; [or]
(i) facilitating a sexual performance by a child with a controlled substance or alcohol as defined in section 263.30 of the penal law, use of a child in a sexual performance as defined in section 263.05 of the penal law or luring a child as defined in subdivision one of section 120.70 of the penal law[.];
(j) a class B, C or D felony enumerated in article two hundred twenty of the penal law;
(k) a crime which resulted in death or serious physical injury; or
(l) an aggravated family offense as defined in section 240.75 of the penal law.
§ 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.
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