Bill Text: NY S05335 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 5335

Introduced

Bill Title: Relates to setting bail for defendants that pose a current physical threat to public safety.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced) 2024-03-15 - NOTICE OF COMMITTEE CONSIDERATION - REQUESTED [S05335 Detail]

Download: New_York-2023-S05335-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          5335

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 2, 2023
                                       ___________

        Introduced  by  Sen.  CANZONERI-FITZPATRICK  --  read  twice and ordered
          printed, and when printed to be committed to the Committee on Codes

        AN ACT to amend the criminal procedure law, in relation to setting  bail
          for defendants that pose a threat to public safety

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

     1    Section 1. The opening paragraph of subdivision 1 of section 510.10 of
     2  the criminal procedure law, as amended by section 1 of subpart C of part
     3  UU of chapter 56 of the laws of 2022, is amended to read as follows:
     4    When a principal, whose future court attendance at a  criminal  action
     5  or proceeding is or may be required, comes under the control of a court,
     6  such  court  shall,  in  accordance with this title, by a securing order
     7  release the principal on the principal's own recognizance,  release  the
     8  principal  under non-monetary conditions, or, where authorized, fix bail
     9  or commit the principal to the custody  of  the  sheriff.  In  all  such
    10  cases,  except  where  another  type  of  securing  order is shown to be
    11  required by law, the court shall release the principal pending trial  on
    12  the  principal's  own  recognizance,  unless  it is demonstrated and the
    13  court makes an individualized determination that the principal  poses  a
    14  risk  of flight to avoid prosecution or it is demonstrated and the court
    15  makes an individualized determination that the principal poses a current
    16  physical danger to the safety of any crime victim, person or the  commu-
    17  nity.  [If  such  a  finding  is  made,  the court must select the least
    18  restrictive alternative and condition or conditions that will reasonably
    19  assure the principal's return to court.] The  court  shall  explain  its
    20  choice of release, release with conditions, bail or remand on the record
    21  or  in writing. In making its determination, the court must consider and
    22  take into account available information about the principal, including:
    23    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08884-01-3