A6705-2011 Actions

• Jan 4, 2012: referred to codes
• May 24, 2011: held for consideration in codes
• Mar 25, 2011: referred to codes

A6705-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6705
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 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:

 

Section  1.  Paragraph  (a)  of subdivision 2 of section 530.20 of the
 criminal procedure law, as amended by chapter 531 of the laws  of  1975,
 is amended to read as follows:

 (a)    A  city  court,  a  town court or a village court may not order
 recognizance or bail when (i) the defendant is charged with  a  class  A
 felony,  or  (ii)  it appears that the defendant has two previous felony
 convictions, OR (III) IT APPEARS THAT THE  DEFENDANT  POSES  A  RISK  OF
 DANGER TO THE COMMUNITY;
 

S 2. Subdivision 2 of section 530.30 of the criminal procedure law, as
 amended  by  chapter  762  of  the  laws  of 1971, is amended to read as
 follows:

 2.   Notwithstanding the  provisions  of  subdivision  one,  when  the
 defendant is charged with a felony in a local criminal court, a superior
 court  judge  may  not  order  recognizance or bail unless and until the
 district attorney has had an opportunity to be heard in the  matter  and
 such judge has been furnished with a report as described in subparagraph
 (ii)  of  paragraph  (b)  of  subdivision  two of section 530.20, AND IT
 APPEARS THAT THE DEFENDANT POSES NO RISK OF DANGER TO THE COMMUNITY.
 

S 3.

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 SUBDIVISIONS ONE AND TWO, A SUPE
 RIOR COURT MAY NOT ORDER RECOGNIZANCE OR BAIL WHEN THE DEFENDANT POSES A
 RISK OF DANGER TO THE COMMUNITY.
 

S 4.

Section 530.45 of the criminal procedure law is amended by adding
 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
 7. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE,  THE  COURT  MAY
 NOT ORDER RECOGNIZANCE OR BAIL WHEN THE DEFENDANT POSES A RISK OF DANGER
 TO THE COMMUNITY.
 

S 5.

Section 530.50 of the criminal procedure law, as amended by chap
 ter 264 of the laws of 2003, is amended to read as follows:

 

S 530.50 Order of recognizance or bail; during pendency of appeal.
 A  judge  who  is  otherwise  authorized pursuant to section 460.50 or
 section 460.60 to issue an order of recognizance  or  bail  pending  the
 determination  of  an  appeal, may do so unless the defendant received a
 class A felony sentence or a sentence for any class B or class C  felony
 offense defined in article one hundred thirty of the penal law committed
 or  attempted to be committed by a person eighteen years of age or older
 against a person less than eighteen years of age, OR THE DEFENDANT POSES
 A RISK OF DANGER TO THE COMMUNITY.
 

S 6. Subdivision 1 of section 530.60 of the criminal procedure law, as
 designated by chapter 788 of the laws of 1981, is  amended  to  read  as
 follows:

 1. Whenever in the course of a criminal action or proceeding a defend
 ant is at liberty as a result of an order of recognizance or bail issued
 pursuant to this article, and the court considers it necessary to review
 such  order,  it  may,  and by a bench warrant if necessary, require the
 defendant to appear before the court.  Upon such appearance, the  court,
 for  good cause shown, may revoke the order of recognizance or bail.  If
 the defendant is entitled to recognizance or bail as a matter of  right,
 the  court  must  issue another such order.  If he is not, the court may
 either issue such an order or commit the defendant to the custody of the
 sheriff. UPON REVIEW UNDER THIS SUBDIVISION, THE  COURT  MAY  NOT  ORDER
 RECOGNIZANCE  OR  BAIL  WHEN THE DEFENDANT POSES A RISK OF DANGER TO THE
 COMMUNITY.
 

S 7. This act shall take effect immediately.

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