Bill Text: NY A04956 | 2019-2020 | General Assembly | Introduced


Bill Title: Directs courts to exonerate bail and order recognizance when no grand jury action has occurred for 45 days from arraignment, unless the people show good cause otherwise.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2020-01-06 - enacting clause stricken [A04956 Detail]

Download: New_York-2019-A04956-Introduced.html


                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  Assem-
        bly, do enact as follows:
     1    Section  1. Section 530.20 of the criminal procedure law is amended by
     2  adding a new subdivision 3 to read as follows:
     3    3. When a local criminal court has, in accordance with  this  section,
     4  ordered  bail  with  respect to a defendant charged by felony complaint,
     5  and the defendant is subsequently at liberty in the action following the
     6  posting of bail, such court shall upon  application  of  the  defendant,
     7  exonerate  bail  and order recognizance when, at the time of the defend-
     8  ant's application therefor, the felony complaint  has  been  pending  in
     9  such local criminal court, with no action of the grand jury, for a peri-
    10  od of at least forty-five days from the date of the defendant's arraign-
    11  ment  thereon;  provided, however, that the court may deny such applica-
    12  tion where the people show good cause why bail should not be exonerated.
    13    § 2. Section 530.40 of the criminal procedure law is amended by adding
    14  a new subdivision 5 to read as follows:
    15    5. Notwithstanding the provisions of subdivision two of this  section,
    16  where  a  defendant  charged  by  felony  complaint is at liberty in the
    17  action following the posting of bail, the court shall  upon  application
    18  of  the  defendant,  exonerate  bail and order recognizance when, at the
    19  time of the defendant's application therefor, such felony complaint  has
    20  been pending, with no action of the grand jury, for a period of at least
    21  forty-five  days  from  the date of the defendant's arraignment thereon;
    22  provided, however, that the court may deny such  application  where  the
    23  people show good cause why bail should not be exonerated.
    24    § 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
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