Bill S2326-2009

Permits district attorneys to appeal bail decisions

Provides that where a criminal action is pending in a local criminal court or a superior court, the district attorney upon motion, may seek an order from the Appellate Division of the Department in which the action is pending to fix bail whenever he determines the amount of bail as fixed is inadequate or disproportionate.

Details

Actions

  • Jan 6, 2010: REFERRED TO CODES
  • Feb 18, 2009: REFERRED TO CODES

Memo

 BILL NUMBER:  S2326

TITLE OF BILL : An act to amend the criminal procedure law, in relation to permitting appeals of bail decisions by the district attorney

PURPOSE : To give prosecutors the right to seek judicial review in cases they feel bail has been set too low.

SUMMARY OF PROVISIONS : An amendment adding a new subdivision 2-a to section 530.30 of the criminal procedure law to allow the District Attorney recourse to the Appellate Division to contest the setting of low bail.

JUSTIFICATION : Under current law, a defendant who feels his bail is too high has the right to apply for a modification of his bail. This legislation does not alter a defendant's rights. Rather it creates an analogous right to seek reconsideration by the District Attorney, acting on behalf of society, who feels that bail is too low.

LEGISLATIVE HISTORY : S.3044/A/39 of 2007-08; S.2976/A.6774 of 2005-06; S.2364/A.5259 of 2003-04, S.5772 of 2001-02, S.1901 of 1999-2000, S.3974 of 1997-98, S.2093/A.3156 of 95/96, S.123 of 93/94, S.180 of 1992/93.

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : This act shall take effect on the first day of November next succeeding the date on which it shall have become law.

Text

STATE OF NEW YORK ________________________________________________________________________ 2326 2009-2010 Regular Sessions IN SENATE February 18, 2009 ___________
Introduced by Sen. PADAVAN -- 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 permitting appeals of bail decisions by the district attorney THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 530.30 of the criminal procedure law is amended by adding a new subdivision 2-a to read as follows: 2-A. IN ANY CASE WHERE A CRIMINAL ACTION IS PENDING IN A LOCAL CRIMI- NAL COURT OR A SUPERIOR COURT, THE DISTRICT ATTORNEY UPON MOTION TO THE APPELLATE DIVISION OF THE DEPARTMENT IN WHICH THE ACTION IS PENDING MAY SEEK AN ORDER TO FIX BAIL IN A MORE APPROPRIATE AMOUNT WHENEVER HE DETERMINES THAT THE AMOUNT OF THE BAIL AS FIXED IS UNREASONABLY INADE- QUATE OR UNDULY DISPROPORTIONATE BASED ON ALL THE CIRCUMSTANCES. S 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

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