Bill Text: NY S00032 | 2025-2026 | General Assembly | Introduced

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Bill Title: Relates to setting bail for dangerous defendants who pose a threat to public safety; requires a court to make an individualized determination based on the principal's record of a prior felony conviction, failure to appear in court or arrest during the interim period while awaiting a preliminary hearing or trial.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced) 2025-01-08 - REFERRED TO CODES [S00032 Detail]

Download: New_York-2025-S00032-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           32

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  Sens.  TEDISCO,  BORRELLO,  GRIFFO,  HELMING, OBERACKER,
          O'MARA, ORTT, STEC, WEIK -- 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 who 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.  Subdivision 1 of section 510.10 of the criminal procedure
     2  law, as amended by section 1 of subpart C of part UU of  chapter  56  of
     3  the  laws  of  2022 and the opening paragraph as amended by section 2 of
     4  subpart A of part VV of chapter 56 of the laws of 2023,  is  amended  to
     5  read as follows:
     6    1.  When  a  principal,  whose  future  court attendance at a criminal
     7  action or proceeding is or may be required, comes under the control of a
     8  court, such court shall impose a securing order in accordance with  this
     9  title.    Except  as  otherwise required by law, the court shall make an
    10  individualized determination as to whether the principal poses a risk of
    11  flight to avoid prosecution, consider the kind and degree of control  or
    12  restriction  necessary  to  reasonably  assure the principal's return to
    13  court, and select a securing order  consistent  with  its  determination
    14  under  this subdivision or the court shall make an individualized deter-
    15  mination  based  on the principal's record of a prior felony conviction,
    16  a failure to appear in court or if the principal is arrested during  the
    17  interim   period while awaiting  a  preliminary  hearing  or  trial  and
    18  select   a   securing order consistent with its determination under this
    19  subdivision. The court shall explain the basis for its determination and
    20  its choice of securing order on the record or in writing.  In  making  a
    21  determination  under  this subdivision, the court must consider and take
    22  into account available information about the principal, including:
    23    (a) The principal's activities and history;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00129-01-5
        S. 32                               2

     1    (b) If the principal is a defendant, the charges facing the principal;
     2    (c) The principal's criminal conviction record if any;
     3    (d)  The  principal's  record  of  previous adjudication as a juvenile
     4  delinquent, as retained pursuant to section 354.1 of  the  family  court
     5  act,  or,  of  pending cases where fingerprints are retained pursuant to
     6  section 306.1 of such act, or a youthful offender, if any;
     7    (e) The principal's previous record with respect to  flight  to  avoid
     8  criminal prosecution;
     9    (f)  If monetary bail is authorized, according to the restrictions set
    10  forth in this title, the principal's individual financial circumstances,
    11  and, in cases where bail is authorized, the principal's ability to  post
    12  bail  without posing undue hardship, as well as [his or her] the princi-
    13  pal's ability to obtain a secured, unsecured, or partially secured bond;
    14    (g) Any violation by the principal of an order of protection issued by
    15  any court;
    16    (h) The principal's history of use or possession of a firearm;
    17    (i) Whether the charge is alleged to have caused serious  harm  to  an
    18  individual or group of individuals; and
    19    (j) If the principal is a defendant, in the case of an application for
    20  a  securing  order  pending  appeal,  the  merit or lack of merit of the
    21  appeal.
    22    § 2. This act shall take effect immediately.