NY State Senate Bill 2009-S3480

Senate Bill S3480

2009-2010 Legislative Session

Relates to the power of courts to deny orders of recognizance or bail where the defendant poses a risk of danger to the community

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Mar 19, 2009	referred to codes

co-Sponsors

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2009-S3480 (ACTIVE) - Details

See Assembly Version of this Bill:: A7139
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§530.20, 530.30, 530.40, 530.45, 530.50 & 530.60, CP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A6705
2013-2014: A1809
2015-2016: A3798

2009-S3480 (ACTIVE) - Summary

Authorizes and directs courts to deny orders of recognizance or bail where the defendant poses a risk of danger to the community.

2009-S3480 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3480

 TITLE OF BILL :

An act to amend the criminal procedure law, in relation to orders of
bail or recognizance


 PURPOSE :

To allow courts to invoke preventive detention and not grant bail to
any criminal defendant who poses a risk or danger to the community.

 SUMMARY OF PROVISIONS :

Section 1 amends Section 530.20 of the Criminal Procedure Law which
prescribes the securing order authority for actions pending in local
criminal courts by denying courts the authority to release on
recognizance or bail, a defendant who appears to pose a risk of danger
to the community.

Section 2 amends Section 530.30 of the Criminal Procedure Law which
provides authority for a superior court judge to grant recognizance or
bail in felony cases where certain local criminal courts have no
authority to prohibit such judge from ordering recognizance or bail
unless it appears the defendant poses no risk of danger to the

community.

Section 3 amends Section 530.40 of the Criminal Procedure Law to
prohibit a court from ordering recognizance or bail when the defendant
poses a risk of danger to the community when a criminal action is
pending in superior court.

Section 4 amends Section 530.45 of the Criminal Procedure Law
regarding orders of recognizance or bail after conviction but before
sentencing, to deny the court the authority to order such, when the
defendant poses a risk of danger to the community.

Section 5 amends Section 530.50 of the Criminal Procedure Law
pertaining to recognizance or bail authorization or denial pending the
determination of an appeal to deny its granting if the defendant poses
a risk of danger to the community.

Section 6 amends Section 530.60 of the Criminal Procedure Law relating
to securing order review to deny the granting of recognizance or bail
when the defendant poses a risk of danger to the community.

Section 7 contains the effective date.

 JUSTIFICATION :

Neither the Constitution of the State of New York nor the Criminal
Procedure Law confers an absolute right to bail in all cases. The
former provides merely that "Excessive bail shall not be required"
(Art. I, Section 5), the latter establishes criteria for determining
when bailor recognizance is mandated, prohibited or discretionary (CPL
510.30, subd. 1; 530, subds. 1, 2).  Risk or danger to the community
is not one of the listed criteria, and hence courts have held it may
not properly be considered by the court fixing bail in those cases.

Unlike federal law, which sets out standards that permit a court to
commit a defendant for preventive detention (deny bail) to reasonably
assure the safety of the community (18 U .S.C.  Section 3142), the
sale objective to be considered when a New York court exercises
discretion in granting bail is "the kind and degree of control or

restriction that is necessary to secure  THE PRINCIPAL'S  court
attendance when required."

For seven weeks in 2005, Level 3 sex offender, Joseph Duncan sexually
brutalized 8 year old Shasta Groene after allegedly murdering her 9
year old and 13 year old brothers, her mother and her mother's
boyfriend in Idaho. Earlier that year a Minnesota judge released
Duncan on $15,000 bail after being charged with molesting a 6 year old
boy at a Minnesota school playground, aware of his history of sexual
abuse and violence against children. Duncan subsequently jumped bail,
fled the state and headed for Idaho.

This legislation strikes at the core of one of the most serious
threats to public safety today, the failure to recognize public safety
as a criterion in deciding pre-trial and post-trial release matters by
requiring the courts to deny bail when the defendant poses a risk of
danger.

 LEGISLATIVE HISTORY :

2006:    A.9501, Held in Codes
2007-08: A.2979, Held in Codes

 FISCAL IMPLICATIONS :
Undetermined.

 EFFECTIVE DATE :
Immediately.

2009-S3480 (ACTIVE) - Bill Text download pdf

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

                                  3480

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 19, 2009
                               ___________

Introduced by Sens. VOLKER, O. JOHNSON, MORAHAN, PADAVAN, SEWARD -- 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  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09340-01-9

S. 3480                             2

  S 4. Section 530.45 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  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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Senate Bill S3480

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Sponsored By

Dale M. Volker

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

John J. Flanagan

Owen H. Johnson

Thomas P. Morahan

Frank Padavan

2009-S3480 (ACTIVE) - Details

2009-S3480 (ACTIVE) - Summary

2009-S3480 (ACTIVE) - Sponsor Memo

2009-S3480 (ACTIVE) - Bill Text download pdf

Comments