A3608-2011 Actions

• Jan 4, 2012: referred to codes
• Jan 26, 2011: referred to codes

A3608-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3608
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 26, 2011
 
 Introduced  by  M. of A. TITUS, COOK, O'DONNELL, CLARK, WRIGHT -- Multi
 Sponsored by -- M. of A. GOTTFRIED, JAFFEE, JEFFRIES, PERRY, ZEBROWSKI
 -- read once and referred to the Committee on Codes
 

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:

 

Section 1.

Section 530.20 of the criminal procedure law is amended  by
 adding a new subdivision 3 to read as follows:

 3.  WHEN  A LOCAL CRIMINAL COURT HAS, IN ACCORDANCE WITH THIS SECTION,
 ORDERED BAIL WITH RESPECT TO A DEFENDANT CHARGED  BY  FELONY  COMPLAINT,
 AND THE DEFENDANT IS SUBSEQUENTLY AT LIBERTY IN THE ACTION FOLLOWING THE
 POSTING  OF  BAIL,  SUCH  COURT SHALL UPON APPLICATION OF THE DEFENDANT,
 EXONERATE BAIL AND ORDER RECOGNIZANCE WHEN, AT THE TIME OF  THE  DEFEND
 ANT'S  APPLICATION  THEREFOR,  THE  FELONY COMPLAINT HAS BEEN PENDING IN
 SUCH LOCAL CRIMINAL COURT, WITH NO ACTION OF THE GRAND JURY, FOR A PERI
 OD OF AT LEAST FORTY-FIVE DAYS FROM THE DATE OF THE DEFENDANT'S ARRAIGN
 MENT THEREON; PROVIDED, HOWEVER, THAT THE COURT MAY DENY  SUCH  APPLICA
 TION WHERE THE PEOPLE SHOW GOOD CAUSE WHY BAIL SHOULD NOT BE EXONERATED.
 

S 2.

Section 530.40 of the criminal procedure law is amended by adding
 a new subdivision 5 to read as follows:

 5.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
 WHERE A DEFENDANT CHARGED BY FELONY  COMPLAINT  IS  AT  LIBERTY  IN  THE
 ACTION  FOLLOWING  THE POSTING OF BAIL, THE COURT SHALL UPON APPLICATION
 OF THE DEFENDANT, EXONERATE BAIL AND ORDER  RECOGNIZANCE  WHEN,  AT  THE
 TIME  OF THE DEFENDANT'S APPLICATION THEREFOR, SUCH FELONY COMPLAINT HAS
 BEEN PENDING, WITH NO ACTION OF THE GRAND JURY, FOR A PERIOD OF AT LEAST
 FORTY-FIVE DAYS FROM THE DATE OF THE  DEFENDANT'S  ARRAIGNMENT  THEREON;
 PROVIDED,  HOWEVER,  THAT  THE COURT MAY DENY SUCH APPLICATION WHERE THE
 PEOPLE SHOW GOOD CAUSE WHY BAIL SHOULD NOT BE EXONERATED.
 

S 3. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08026-01-1

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