Bill Text: NY A09561 | 2019-2020 | General Assembly | Introduced

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Bill Title: Adds the location of a principal's primary residence as a factor the court shall consider in determining whether to fix bail.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-24 - referred to codes [A09561 Detail]

Download: New_York-2019-A09561-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9561

                   IN ASSEMBLY

                                    January 24, 2020
                                       ___________

        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the criminal procedure law,  in  relation  to  directing
          courts  to  consider  a  principal's  primary  residence  location  in
          relation to the location of the court they are required to  return  to
          for a future appearance as a factor in determining whether to fix bail

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

     1    Section 1. Subdivision 1 of section 510.30 of the  criminal  procedure
     2  law,  as  amended  by section 5 of part JJJ of chapter 59 of the laws of
     3  2019, is amended to read as follows:
     4    1. With respect to any principal,  the  court  in  all  cases,  unless
     5  otherwise  provided  by  law, must impose the least restrictive kind and
     6  degree of control or restriction that is necessary to secure the princi-
     7  pal's return to court when required. In  determining  that  matter,  the
     8  court  must,  on  the  basis of available information, consider and take
     9  into account information about the principal that  is  relevant  to  the
    10  principal's return to court, including:
    11    (a) The principal's activities and history;
    12    (b) If the principal is a defendant, the charges facing the principal;
    13    (c) The principal's criminal conviction record if any;
    14    (d)  The  principal's  record  of  previous adjudication as a juvenile
    15  delinquent, as retained pursuant to section 354.2 of  the  family  court
    16  act,  or,  of  pending cases where fingerprints are retained pursuant to
    17  section 306.1 of such act, or a youthful offender, if any;
    18    (e) The principal's previous record with respect to  flight  to  avoid
    19  criminal prosecution;
    20    (f)  If monetary bail is authorized, according to the restrictions set
    21  forth in this title, the principal's individual financial circumstances,
    22  and, in cases where bail is authorized, the principal's ability to  post
    23  bail  without  posing  undue  hardship, as well as his or her ability to
    24  obtain a secured, unsecured, or partially secured bond;
    25    (g) Where the principal is charged with a crime or  crimes  against  a
    26  member  or  members  of  the  same  family  or household as that term is

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14779-01-0
        A. 9561                             2

     1  defined in subdivision one of section 530.11 of this title, the  follow-
     2  ing factors:
     3    (i) any violation by the principal of an order of protection issued by
     4  any  court  for the protection of a member or members of the same family
     5  or household as that term is  defined  in  subdivision  one  of  section
     6  530.11  of  this  title,  whether  or  not  such  order of protection is
     7  currently in effect; and
     8    (ii) the principal's history of use or possession of a firearm; [and]
     9    (h) If the principal is a defendant, in the case of an application for
    10  a securing order pending appeal, the merit  or  lack  of  merit  of  the
    11  appeal; and
    12    (i)  whether  the principal's primary residence is located one hundred
    13  miles or more from the location of the court in which the  principal  is
    14  scheduled to return for a future appearance.
    15    §  2.  This  act  shall take effect immediately and shall be deemed to
    16  have been in full force and effect on the same  date  and  in  the  same
    17  manner as part JJJ of chapter 59 of the laws of 2019 took effect.