Bill Text: NY A08026 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides for the ability of a court to set bail where the principal stands charged for the third time for the same offense within a period of two years.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - referred to codes [A08026 Detail]

Download: New_York-2023-A08026-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8026

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                   September 13, 2023
                                       ___________

        Introduced  by M. of A. STECK -- read once and referred to the Committee
          on Codes

        AN ACT to amend the criminal procedure law, in relation to providing for
          the ability of a court to set bail for repeat offenses

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 3 of section 510.10 of the criminal procedure
     2  law, as amended by section 2 of subpart A of part VV of  chapter  56  of
     3  the  laws of 2023, is amended and a new subdivision 3-a is added to read
     4  as follows:
     5    3. In cases other than as described in subdivision three-a or four  of
     6  this section, the court shall release the principal pending trial on the
     7  principal's own recognizance, unless the court finds on the record or in
     8  writing  that  release  on  the  principal's  own  recognizance will not
     9  reasonably assure the principal's return to court.  In  such  instances,
    10  the  court  shall release the principal under non-monetary conditions as
    11  provided for in subdivision three-a of section 500.10 of this title that
    12  will reasonably assure the principal's return to court. The court  shall
    13  explain its choice of securing order on the record or in writing.
    14    3-a.  In  cases  other  than  as described in subdivision four of this
    15  section, where the principal stands charged for the third time  for  the
    16  same  offense  within a period of two years, the court, unless otherwise
    17  prohibited by law, may in its discretion release the  principal  pending
    18  trial  on  the principal's own recognizance or under non-monetary condi-
    19  tions, fix bail, or order non-monetary conditions  in  conjunction  with
    20  fixing bail, or, where the defendant is charged with an offense which is
    21  a felony, the court may commit the principal to the custody of the sher-
    22  iff.
    23    §  2. Paragraph (a) of subdivision 1 of section 530.20 of the criminal
    24  procedure law, as amended by section 6 of subpart A of part VV of  chap-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11881-01-3
        A. 8026                             2

     1  ter  56  of  the  laws  of 2023, is amended and a new paragraph (a-1) is
     2  added to read as follows:
     3    (a) In cases other than as described in paragraph (a-1) or (b) of this
     4  subdivision,  the court shall release the principal pending trial on the
     5  principal's own recognizance or  release  the  principal  pending  trial
     6  under non-monetary conditions, the determination for which shall be made
     7  in  accordance with subdivision one of section 510.10 of this title. The
     8  court shall explain the basis for its determination and choice of secur-
     9  ing order on the record or in writing.
    10    (a-1) In cases other than as described in paragraph (b) of this subdi-
    11  vision, where the principal stands charged for the third  time  for  the
    12  same  offense  within a period of two years, the court, unless otherwise
    13  prohibited by law, may in its discretion release the  principal  pending
    14  trial  on  the principal's own recognizance or under non-monetary condi-
    15  tions, fix bail, or order non-monetary conditions  in  conjunction  with
    16  fixing bail, or, where the defendant is charged with an offense which is
    17  a felony, the court may commit the principal to the custody of the sher-
    18  iff.
    19    § 3. Subdivision 3 of section 530.40 of the criminal procedure law, as
    20  amended  by  section 8 of subpart A of part VV of chapter 56 of the laws
    21  of 2023, is amended and a new  subdivision  3-a  is  added  to  read  as
    22  follows:
    23    3.  In cases other than as described in subdivision three-a or four of
    24  this section the court shall release the principal pending trial on  the
    25  principal's  own  recognizance  or  release  the principal pending trial
    26  under non-monetary conditions, the determination for which shall be made
    27  in accordance with section 510.10 of this title. The court shall explain
    28  the basis for its determination and choice  of  securing  order  on  the
    29  record or in writing.
    30    3-a.  In  cases  other  than  as described in subdivision four of this
    31  section, where the principal stands charged for the third time  for  the
    32  same  offense  within a period of two years, the court, unless otherwise
    33  prohibited by law, may in its discretion release the  principal  pending
    34  trial  on  the principal's own recognizance or under non-monetary condi-
    35  tions, fix bail, or order non-monetary conditions  in  conjunction  with
    36  fixing bail, or, where the defendant is charged with an offense which is
    37  a felony, the court may commit the principal to the custody of the sher-
    38  iff.
    39    §  4.  This  act shall take effect on the thirtieth day after it shall
    40  have become a law.