Bill Text: NY S04305 | 2009-2010 | General Assembly | Amended


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 2-0)

Status: (Engrossed - Dead) 2010-03-01 - ADVANCED TO THIRD READING [S04305 Detail]

Download: New_York-2009-S04305-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4305--A
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 21, 2009
                                      ___________
       Introduced  by  Sens. SCHNEIDERMAN, MONSERRATE -- read twice and ordered
         printed, and when printed to be committed to the Committee on Codes --
         recommitted to the Committee on Codes in accordance with  Senate  Rule
         6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       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    S 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    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07586-02-0
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