S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1161
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by  M.  of A. SIMANOWITZ, SALADINO, MONTESANO, HIKIND, COOK,
   BENEDETTO,  GALEF,  SIMOTAS,   RAMOS,   HOOPER,   WEPRIN,   McDONOUGH,
   M. G. MILLER  --  Multi-Sponsored  by  --  M.  of  A.  ABBATE, ARROYO,
   BARCLAY, 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:
   (i) The principal's character, reputation, habits  and  mental  condi-
 tion;
   (ii) His OR HER employment and financial resources; and

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

                                                            LBD03463-01-7

 A. 1161                             2
 
   (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.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.