S T A T E O F N E W Y O R K ________________________________________________________________________ 6705 2011-2012 Regular Sessions I N A S S E M B L Y March 25, 2011 ___________ Introduced by M. of A. TENNEY -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to orders of bail or recognizance THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph (a) of subdivision 2 of section 530.20 of the 2 criminal procedure law, as amended by chapter 531 of the laws of 1975, 3 is amended to read as follows: 4 (a) A city court, a town court or a village court may not order 5 recognizance or bail when (i) the defendant is charged with a class A 6 felony, or (ii) it appears that the defendant has two previous felony 7 convictions, OR (III) IT APPEARS THAT THE DEFENDANT POSES A RISK OF 8 DANGER TO THE COMMUNITY; 9 S 2. Subdivision 2 of section 530.30 of the criminal procedure law, as 10 amended by chapter 762 of the laws of 1971, is amended to read as 11 follows: 12 2. Notwithstanding the provisions of subdivision one, when the 13 defendant is charged with a felony in a local criminal court, a superior 14 court judge may not order recognizance or bail unless and until the 15 district attorney has had an opportunity to be heard in the matter and 16 such judge has been furnished with a report as described in subparagraph 17 (ii) of paragraph (b) of subdivision two of section 530.20, AND IT 18 APPEARS THAT THE DEFENDANT POSES NO RISK OF DANGER TO THE COMMUNITY. 19 S 3. Section 530.40 of the criminal procedure law is amended by adding 20 a new subdivision 5 to read as follows: 21 5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO, A SUPE- 22 RIOR COURT MAY NOT ORDER RECOGNIZANCE OR BAIL WHEN THE DEFENDANT POSES A 23 RISK OF DANGER TO THE COMMUNITY. 24 S 4. Section 530.45 of the criminal procedure law is amended by adding 25 a new subdivision 7 to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09832-01-1 A. 6705 2 1 7. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE, THE COURT MAY 2 NOT ORDER RECOGNIZANCE OR BAIL WHEN THE DEFENDANT POSES A RISK OF DANGER 3 TO THE COMMUNITY. 4 S 5. Section 530.50 of the criminal procedure law, as amended by chap- 5 ter 264 of the laws of 2003, is amended to read as follows: 6 S 530.50 Order of recognizance or bail; during pendency of appeal. 7 A judge who is otherwise authorized pursuant to section 460.50 or 8 section 460.60 to issue an order of recognizance or bail pending the 9 determination of an appeal, may do so unless the defendant received a 10 class A felony sentence or a sentence for any class B or class C felony 11 offense defined in article one hundred thirty of the penal law committed 12 or attempted to be committed by a person eighteen years of age or older 13 against a person less than eighteen years of age, OR THE DEFENDANT POSES 14 A RISK OF DANGER TO THE COMMUNITY. 15 S 6. Subdivision 1 of section 530.60 of the criminal procedure law, as 16 designated by chapter 788 of the laws of 1981, is amended to read as 17 follows: 18 1. Whenever in the course of a criminal action or proceeding a defend- 19 ant is at liberty as a result of an order of recognizance or bail issued 20 pursuant to this article, and the court considers it necessary to review 21 such order, it may, and by a bench warrant if necessary, require the 22 defendant to appear before the court. Upon such appearance, the court, 23 for good cause shown, may revoke the order of recognizance or bail. If 24 the defendant is entitled to recognizance or bail as a matter of right, 25 the court must issue another such order. If he is not, the court may 26 either issue such an order or commit the defendant to the custody of the 27 sheriff. UPON REVIEW UNDER THIS SUBDIVISION, THE COURT MAY NOT ORDER 28 RECOGNIZANCE OR BAIL WHEN THE DEFENDANT POSES A RISK OF DANGER TO THE 29 COMMUNITY. 30 S 7. This act shall take effect immediately.