Bill Text: NY A06901 | 2019-2020 | General Assembly | Introduced

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Bill Title: Prohibits 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.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A06901 Detail]

Download: New_York-2019-A06901-Introduced.html

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                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 Assem-
        bly, do enact as follows:
     1    Section 1. Section 530.40 of the criminal procedure law is amended  by
     2  adding a new subdivision 5 to read as follows:
     3    5. Notwithstanding the provisions of subdivision two, a superior court
     4  may  not order recognizance or bail when the defendant is charged with a
     5  felony defined in article one hundred thirty of the penal law, committed
     6  or attempted to be committed by a person eighteen years of age or  older
     7  against  a  person  less  than eighteen years of age who is a vulnerable
     8  person or a person with a  disability  as  such  terms  are  defined  in
     9  section five hundred fifty of the executive law.
    10    §  2. Paragraph (a) of subdivision 2 of section 530.20 of the criminal
    11  procedure law, as amended by chapter 531 of the laws of 1975, is amended
    12  to read as follows:
    13    (a)  A city court, a town court or  a  village  court  may  not  order
    14  recognizance  or  bail  when (i) the defendant is charged with a class A
    15  felony, [or] (ii) it appears that the defendant has two previous  felony
    16  convictions[;],  or  (iii)  the  defendant  is  charged  with any felony
    17  defined in article one hundred thirty of the  penal  law,  committed  or
    18  attempted  to  be  committed  by a person eighteen years of age or older
    19  against a person less than eighteen years of age  who  is  a  vulnerable
    20  person  or  a  person  with  a  disability  as such terms are defined in
    21  section five hundred fifty of the executive law.
    22    § 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