S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   69

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. SIMANOWITZ, SALADINO, MONTESANO, HIKIND, ROBIN-
  SON, COOK, BENEDETTO, GALEF, SCHIMEL, LAVINE, SIMOTAS, RAMOS,  HOOPER,
  WEPRIN,  McDONOUGH, McDONALD, MILLER -- Multi-Sponsored by -- M. of A.
  ABBATE, ARROYO, BARCLAY, CERETTO, CRESPO, CROUCH,  DenDEKKER,  JAFFEE,
  McKEVITT,  ORTIZ,  PERRY, RA, THIELE, WALTER -- read once and referred
  to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation  to  authorizing
  detention  when a defendant presents a clear and convincing likelihood
  that a defendant would be a danger to society

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions  2  and  3 of section 510.30 of the criminal
procedure law, subparagraph (v) of paragraph (a)  of  subdivision  2  as
amended  by  chapter 920 of the laws of 1982, subparagraph (vi) of para-
graph (a) of subdivision 2 as renumbered by chapter 447 of the  laws  of
1977,  subparagraph (vii) of paragraph (a) of subdivision 2 as added and
subparagraphs (viii) and (ix) of  paragraph  (a)  of  subdivision  2  as
renumbered  by  section  1 of part D of chapter 491 of the laws of 2012,
and subdivision 3 as added by chapter 788  of  the  laws  of  1981,  are
amended to read as follows:
  2. To the extent that the issuance of an order of recognizance or bail
and  the  terms thereof are matters of discretion rather than of law, an
application is determined on the basis  of  the  following  factors  and
criteria:
  (a) With respect to any principal, the court [must] SHALL consider the
kind  and  degree  of control or restriction that is necessary to secure
his OR HER court attendance when required. In determining  that  matter,
the court must, on the basis of available information, consider and take
into account:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00208-01-5
              

A. 69                               2

  (i)  The  principal's  character, reputation, habits and mental condi-
tion;
  (ii) His OR HER employment and financial resources; and
  (iii) His OR HER family ties and the length of his OR HER residence if
any in the community; and
  (iv) His OR HER criminal record if any; and
  (v)  His  OR  HER record of previous adjudication as a juvenile delin-
quent, as retained pursuant to section 354.2 of the  family  court  act,
or, of pending cases where fingerprints are retained pursuant to section
306.1 of such act, or a youthful offender, if any; and
  (vi)  His OR HER previous record if any in responding to court appear-
ances when required or with respect to flight to avoid  criminal  prose-
cution; and
  (vii)  Where the principal is charged with a crime or crimes against a
member or members of the same  family  or  household  as  that  term  is
defined  in subdivision one of section 530.11 of this title, the follow-
ing factors:
  (A) any violation by the principal of an order of protection issued by
any court for the protection of a member or members of the  same  family
or  household  as  that  term  is  defined in subdivision one of section
530.11 of this title,  whether  or  not  such  order  of  protection  is
currently in effect; and
  (B) the principal's history of use or possession of a firearm; and
  (viii) If he OR SHE is a defendant, the weight of the evidence against
him  OR HER in the pending criminal action and any other factor indicat-
ing probability or improbability of conviction; or, in the  case  of  an
application  for  bail or recognizance pending appeal, the merit or lack
of merit of the appeal; and
  (ix) If he OR SHE is a defendant, the sentence which  may  be  or  has
been imposed upon conviction; AND
  (X)  IF  HE  OR SHE IS A DEFENDANT, THE COURT MAY CONSIDER WHETHER THE
LIKELIHOOD THAT HE OR SHE WOULD BE A DANGER TO SOCIETY, THE COMMUNITY OR
ANY PERSON IF AT LIBERTY DURING THE PENDENCY OF THE ACTION OR PROCEEDING
REQUIRES THE DETENTION OF THAT DEFENDANT. CLEAR AND CONVINCING  EVIDENCE
OF  DANGER  TO  ANY  PERSON  OR  THE COMMUNITY SHALL BE REQUIRED FOR THE
DETENTION OF SUCH DEFENDANT.
  (b) Where the principal is a defendant-appellant in a  pending  appeal
from  a judgment of conviction, the court must also consider the likeli-
hood of ultimate reversal of the  judgment.  A  determination  that  the
appeal  is palpably without merit alone justifies, but does not require,
a denial of the application, regardless of any determination  made  with
respect to the factors specified in paragraph (a) OF THIS SUBDIVISION.
  3.  When  bail  or recognizance is ordered, the court shall inform the
principal, if he OR SHE is a defendant charged with the commission of  a
felony,  that  the  release is conditional and that the court may revoke
the order of release and commit the principal  to  the  custody  of  the
sheriff  in accordance with the provisions of subdivision two of section
530.60 of this chapter if he OR SHE commits a subsequent felony while at
liberty upon such order.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.