Bill Text: NY A01754 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to lenient bail and sentencing determinations.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2016-01-06 - referred to codes [A01754 Detail]
Download: New_York-2015-A01754-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1754
2015-2016 Regular Sessions
I N A S S E M B L Y
January 12, 2015
___________
Introduced by M. of A. CROUCH -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to lenient bail
and sentencing determinations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 450.10 of the criminal procedure law is amended by
2 adding a new subdivision 6 to read as follows:
3 6. AN ORDER, ENTERED PURSUANT TO SECTION 530.42 OF THIS CHAPTER,
4 GRANTING IN WHOLE OR IN PART AN APPLICATION OF THE PEOPLE.
5 S 2. Subdivision 4 of section 450.20 of the criminal procedure law is
6 amended to read as follows:
7 4. A sentence other than one of death, as prescribed in subdivisions
8 two and three of section 450.30 OF THIS ARTICLE, UNLESS THE APPEAL IS
9 BASED SOLELY UPON THE GROUND THAT A SENTENCE WAS UNDULY LENIENT WHEN
10 SUCH SENTENCE WAS PREDICATED UPON ENTRY OF A PLEA OF GUILTY AND THE
11 SENTENCE IMPOSED WAS NOT LESS THAN THAT WHICH WAS AGREED TO BY THE
12 PEOPLE AS A CONDITION OF THE PLEA AND SET FORTH IN THE RECORD OR FILED
13 WITH THE COURT AS REQUIRED BY SUBDIVISION FIVE OF SECTION 220.50 OR
14 SUBDIVISION FOUR OF SECTION 340.20 OF THIS PART;
15 S 3. Section 450.20 of the criminal procedure law is amended by adding
16 a new subdivision 12 to read as follows:
17 12. AN ORDER, ENTERED PURSUANT TO SECTION 530.42 OF THIS CHAPTER,
18 DENYING IN WHOLE OR IN PART AN APPLICATION OF THE PEOPLE.
19 S 4. Subdivision 2 of section 450.30 of the criminal procedure law is
20 amended to read as follows:
21 2. An appeal by the people from a sentence, as authorized by subdivi-
22 sion four of section 450.20 OF THIS ARTICLE, may be based [only] upon
23 the ground that such sentence EITHER was (A) invalid as a matter of law
24 OR (B) UNDULY LENIENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05096-01-5
A. 1754 2
1 S 5. Paragraph (c) of subdivision 2 and paragraph (b) of subdivision 6
2 of section 470.15 of the criminal procedure law are amended to read as
3 follows:
4 (c) Upon a determination that a sentence imposed upon a valid
5 conviction is illegal [or], unduly harsh or severe OR UNDULY LENIENT,
6 the court may modify the judgment by reversing it with respect to the
7 sentence and by otherwise affirming it.
8 (b) That a sentence, though legal, was EITHER (I) unduly harsh or
9 severe OR (II) UNDULY LENIENT.
10 S 6. Subdivision 6 of section 470.20 of the criminal procedure law is
11 amended to read as follows:
12 6. Upon modifying a judgment or reversing a sentence as a matter of
13 discretion in the interest of justice upon the ground that the sentence
14 is unduly harsh or severe OR UNDULY LENIENT, the court must itself
15 impose some legally authorized lesser OR GREATER sentence.
16 S 7. Subdivision 3 of section 530.30 of the criminal procedure law is
17 renumbered subdivision 6 and three new subdivisions 3, 4 and 5 are added
18 to read as follows:
19 3. WHEN A CRIMINAL ACTION IS PENDING IN A LOCAL CRIMINAL COURT, OTHER
20 THAN ONE CONSISTING OF A SUPERIOR COURT JUDGE SITTING AS SUCH, A JUDGE
21 OF A SUPERIOR COURT HOLDING A TERM THEREOF IN THE COUNTY, UPON APPLICA-
22 TION OF THE PEOPLE, MAY REVOKE AN ORDER OF RECOGNIZANCE OR BAIL ENTERED
23 BY A LOCAL CRIMINAL COURT AND FIX BAIL IN AN AMOUNT THE COURT DETERMINES
24 SUFFICIENT OR, IF THE DEFENDANT IS CHARGED WITH ONE OR MORE CRIMES AT
25 LEAST ONE OF WHICH IS A FELONY, COMMIT THE DEFENDANT TO THE CUSTODY OF
26 THE SHERIFF.
27 4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OF THIS
28 SECTION, A SUPERIOR COURT JUDGE MAY NOT VACATE AN ORDER OF RECOGNIZANCE
29 OR BAIL AND FIX BAIL OR COMMIT THE DEFENDANT TO THE CUSTODY OF THE SHER-
30 IFF UNLESS AND UNTIL:
31 (A) THE DEFENDANT HAS HAD AN OPPORTUNITY TO BE HEARD IN THE MATTER OR,
32 AFTER KNOWLEDGE OR NOTICE TO THE DEFENDANT OR HIS OR HER COUNSEL OF THE
33 APPLICATION AND REASONABLE OPPORTUNITY TO BE HEARD, HAS FAILED TO APPEAR
34 AT THE PROCEEDING OR HAS OTHERWISE WAIVED HIS OR HER RIGHT TO DO SO; AND
35 (B) SUCH JUDGE HAS BEEN FURNISHED WITH A REPORT AS DESCRIBED IN
36 SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION 530.20
37 OF THIS ARTICLE.
38 5. WHEN A CRIMINAL ACTION IS PENDING IN A LOCAL CRIMINAL COURT AND AN
39 ORDER FIXING BAIL HAS BEEN ENTERED, AND THEREAFTER A LOCAL CRIMINAL
40 COURT ENTERS AN ORDER RELEASING THE DEFENDANT ON HIS OR HER OWN RECOGNI-
41 ZANCE OR FIXING BAIL IN A LESSER AMOUNT OR IN A LESS BURDENSOME MANNER,
42 THE PEOPLE MAY FILE WITH THE LOCAL CRIMINAL COURT A NOTICE OF INTENTION
43 TO APPLY TO A SUPERIOR COURT JUDGE PURSUANT TO SUBDIVISION THREE OF THIS
44 SECTION. THE FILING OF SUCH A NOTICE SHALL STAY THE EFFECT OF THE ORDER
45 RELEASING THE DEFENDANT ON HIS OR HER OWN RECOGNIZANCE OR FIXING BAIL IN
46 A LESSER AMOUNT OR IN A LESS BURDENSOME MANNER. A STAY PURSUANT TO THIS
47 SUBDIVISION SHALL REMAIN IN EFFECT FOR A PERIOD OF SEVENTY-TWO HOURS
48 UNLESS EXTENDED OR VACATED BY THE JUDGE OF THE SUPERIOR COURT TO WHOM
49 THE PEOPLE APPLY PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
50 S 8. The criminal procedure law is amended by adding a new section
51 530.42 to read as follows:
52 S 530.42 ORDER OF RECOGNIZANCE OR BAIL; REVIEW BY SUPERIOR COURT.
53 1. WHEN A CRIMINAL ACTION IS PENDING IN A LOCAL CRIMINAL COURT OR A
54 SUPERIOR COURT, AND THE COURT HAS ORDERED RECOGNIZANCE OR BAIL, A JUDGE
55 OF THE SUPERIOR COURT HOLDING A TERM THEREOF IN THE COUNTY, UPON APPLI-
56 CATION OF THE PEOPLE, MAY REVIEW AN ORDER OF RECOGNIZANCE OR BAIL PREVI-
A. 1754 3
1 OUSLY ENTERED IN THE ACTION AND FIX BAIL IN AN AMOUNT THE COURT DETER-
2 MINES SUFFICIENT OR, IF THE DEFENDANT IS CHARGED WITH ONE OR MORE CRIMES
3 AT LEAST ONE OF WHICH IS A FELONY, COMMIT THE DEFENDANT TO THE CUSTODY
4 OF THE SHERIFF.
5 2. UPON AN APPLICATION FOR REVIEW PURSUANT TO SUBDIVISION ONE OF THIS
6 SECTION, THE SUPERIOR COURT JUDGE MAY GRANT THE APPLICATION ONLY UPON A
7 DETERMINATION THAT THE ORDER OF RECOGNIZANCE OR BAIL UNDER REVIEW
8 CONSTITUTES AN ABUSE OF DISCRETION.
9 3. AN APPLICATION PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE
10 ACCOMPANIED BY AN AFFIDAVIT OR AFFIRMATION WHICH SHALL STATE THE DATE,
11 AND THE COURT OR JUDGE TO WHOM MADE, OF EVERY PREVIOUS APPLICATION, THE
12 DISPOSITION OF EACH SUCH APPLICATION AND OF ANY APPEAL TAKEN, AND THE
13 NEW FACTS PRESENTED IN THE APPLICATION THAT WERE NOT PRESENTED IN ANY
14 PREVIOUS APPLICATION.
15 4. WHEN A CRIMINAL ACTION IS PENDING IN A SUPERIOR COURT AND AN ORDER
16 IS ENTERED RELEASING THE DEFENDANT ON HIS OR HER OWN RECOGNIZANCE OR
17 FIXING BAIL, THE PEOPLE MAY APPLY ON AN EMERGENCY BASIS TO THE COURT TO
18 WHICH AN APPLICATION PURSUANT TO SUBDIVISION ONE OF THIS SECTION WOULD
19 BE MADE FOR AN INTERIM ORDER FIXING BAIL OR COMMITTING THE DEFENDANT TO
20 THE CUSTODY OF THE SHERIFF. SUCH AN ORDER SHALL REMAIN IN EFFECT FOR A
21 PERIOD OF SEVENTY-TWO HOURS UNLESS EXTENDED OR VACATED BY THE COURT TO
22 WHICH THE PEOPLE APPLY PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
23 5. THE CHIEF ADMINISTRATOR OF THE COURTS, WITH THE ADVICE AND CONSENT
24 OF THE ADMINISTRATIVE BOARD OF THE COURTS, SHALL ADOPT PROCEDURES REGU-
25 LATING THE COURT OR COURTS IN THE COUNTY TO WHICH AN APPLICATION PURSU-
26 ANT TO SUBDIVISION ONE OF THIS SECTION MAY BE MADE.
27 S 9. This act shall take effect on the first of November next succeed-
28 ing the date on which it shall have become a law.
