S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
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                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2013
                                      ___________
       Introduced  by  M. of A. SIMANOWITZ, SALADINO, MONTESANO, HIKIND, ROBIN-
         SON, COOK,  BENEDETTO,  MAISEL,  GALEF,  SCHIMEL,  CASTRO,  LOSQUADRO,
         LAVINE,  SIMOTAS,  RAMOS, GABRYSZAK, HOOPER, WEPRIN -- Multi-Sponsored
         by -- M. of A.  ABBATE,  ARROYO,  BARCLAY,  CERETTO,  CRESPO,  CROUCH,
         DenDEKKER, JAFFEE, McKEVITT, ORTIZ, PERRY, RA, THIELE, WALTER, WEISEN-
         BERG -- 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:
    1    Section 1. Subdivisions 2 and 3 of  section  510.30  of  the  criminal
    2  procedure  law,  subparagraph  (v)  of paragraph (a) of subdivision 2 as
    3  amended by chapter 920 of the laws of 1982, subparagraph (vi)  of  para-
    4  graph  (a)  of subdivision 2 as renumbered by chapter 447 of the laws of
    5  1977, subparagraph (vii) of paragraph (a) of subdivision 2 as added  and
    6  subparagraphs  (viii)  and  (ix)  of  paragraph  (a) of subdivision 2 as
    7  renumbered by section 1 of part D of chapter 491 of the  laws  of  2012,
    8  and  subdivision  3  as  added  by  chapter 788 of the laws of 1981, are
    9  amended to read as follows:
   10    2. To the extent that the issuance of an order of recognizance or bail
   11  and the terms thereof are matters of discretion rather than of  law,  an
   12  application  is  determined  on  the  basis of the following factors and
   13  criteria:
   14    (a) With respect to any principal, the court [must] SHALL consider the
   15  kind and degree of control or restriction that is  necessary  to  secure
   16  his  OR  HER court attendance when required. In determining that matter,
   17  the court must, on the basis of available information, consider and take
   18  into account:
   19    (i) The principal's character, reputation, habits  and  mental  condi-
   20  tion;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03559-01-3
       A. 2411                             2
    1    (ii) His OR HER employment and financial resources; and
    2    (iii) His OR HER family ties and the length of his residence if any in
    3  the community; and
    4    (iv) His OR HER criminal record if any; and
    5    (v)  His  OR  HER record of previous adjudication as a juvenile delin-
    6  quent, as retained pursuant to section 354.2 of the  family  court  act,
    7  or, of pending cases where fingerprints are retained pursuant to section
    8  306.1 of such act, or a youthful offender, if any; and
    9    (vi)  His OR HER previous record if any in responding to court appear-
   10  ances when required or with respect to flight to avoid  criminal  prose-
   11  cution; and
   12    (vii)  Where the principal is charged with a crime or crimes against a
   13  member or members of the same  family  or  household  as  that  term  is
   14  defined  in subdivision one of section 530.11 of this title, the follow-
   15  ing factors:
   16    (A) any violation by the principal of an order of protection issued by
   17  any court for the protection of a member or members of the  same  family
   18  or  household  as  that  term  is  defined in subdivision one of section
   19  530.11 of this title,  whether  or  not  such  order  of  protection  is
   20  currently in effect; and
   21    (B) the principal's history of use or possession of a firearm; and
   22    (viii) If he OR SHE is a defendant, the weight of the evidence against
   23  him  OR HER in the pending criminal action and any other factor indicat-
   24  ing probability or improbability of conviction; or, in the  case  of  an
   25  application  for  bail or recognizance pending appeal, the merit or lack
   26  of merit of the appeal; and
   27    (ix) If he OR SHE is a defendant, the sentence which  may  be  or  has
   28  been imposed upon conviction; AND
   29    (X)  IF  HE  OR SHE IS A DEFENDANT, THE COURT MAY CONSIDER WHETHER THE
   30  LIKELIHOOD THAT HE OR SHE WOULD BE A DANGER TO SOCIETY, THE COMMUNITY OR
   31  ANY PERSON IF AT LIBERTY DURING THE PENDENCY OF THE ACTION OR PROCEEDING
   32  REQUIRES THE DETENTION OF THAT DEFENDANT. CLEAR AND CONVINCING  EVIDENCE
   33  OF  DANGER  TO  ANY  PERSON  OR  THE COMMUNITY SHALL BE REQUIRED FOR THE
   34  DETENTION OF SUCH DEFENDANT.
   35    (b) Where the principal is a defendant-appellant in a  pending  appeal
   36  from  a judgment of conviction, the court must also consider the likeli-
   37  hood of ultimate reversal of the  judgment.  A  determination  that  the
   38  appeal  is palpably without merit alone justifies, but does not require,
   39  a denial of the application, regardless of any determination  made  with
   40  respect to the factors specified in paragraph (a) OF THIS SUBDIVISION.
   41    3.  When  bail  or recognizance is ordered, the court shall inform the
   42  principal, if he OR SHE is a defendant charged with the commission of  a
   43  felony,  that  the  release is conditional and that the court may revoke
   44  the order of release and commit the principal  to  the  custody  of  the
   45  sheriff  in accordance with the provisions of subdivision two of section
   46  530.60 of this chapter if he OR SHE commits a subsequent felony while at
   47  liberty upon such order.
   48    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   49  have become a law.