New York A 3562: Enacts the Justice for Rachael Act

Bill Text

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A03562 Summary:

BILL NOA03562 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORBurke

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §510.55, CP L

&nbsp

Enacts the Justice for Rachael Act; creates dangerousness hearings.

Go to top A03562 Actions:

BILL NOA03562 

&nbsp

01/28/2025referred to codes

01/07/2026referred to codes

Go to topA03562 Committee&nbspVotes:

Go to topA03562 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03562 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3562

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 28, 2025
 ___________

 Introduced by M. of A. BURKE -- read once and referred to the Committee
 on Codes

 AN ACT to amend the criminal procedure law, in relation to the "Justice
 for Rachael act"

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. This act shall be known and may be cited as the "Justice
 2 for Rachael act".
 3 § 2. The criminal procedure law is amended by adding a new section
 4 510.55 to read as follows:
 5 § 510.55 Pretrial detention; dangerousness hearing.
 6 1. When a principal, whose future court attendance at a criminal
 7 action or proceeding is or may be required, comes under the control of a
 8 court, the people may make a motion seeking pretrial detention due to
 9 the dangerousness of the principal. The people may seek the pretrial
 10 detention of a principal:
 11 (a) charged with a felony that involves the use, attempted use or
 12 threatened use of physical force against the person of another or any
 13 other felony that, by its nature, involves a substantial risk that phys-
 14 ical force against the person of another may result;
 15 (b) charged with a misdemeanor or felony which has as an element the
 16 violation of a court order;
 17 (c) charged with a misdemeanor or felony where the victim was
 18 subjected to physical, sexual or psychological abuse inflicted by a
 19 member of the same family or household, as such term is defined in
 20 subdivision one of section 530.11 of this title, as the applicant;
 21 (d) charged with an offense for which a minimum term of three years or
 22 more is prescribed;
 23 (e) charged with intimidating a victim or witness in the first degree
 24 as defined in section 215.17 of the penal law, intimidating a victim or
 25 witness in the second degree as defined in section 215.16 of the penal

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07010-01-5

 A. 3562 2

 1 law, or intimidating a victim or witness in the third degree as defined
 2 in section 215.15 of the penal law;
 3 (f) charged with a third or subsequent violation of section eleven
 4 hundred ninety-two of the vehicle and traffic law within ten years;
 5 (g) charged with a felony which has as an element the use, attempted
 6 use or threatened use of physical force or a deadly weapon against the
 7 person of another;
 8 (h) charged with burglary in the first degree as defined in section
 9 140.30 of the penal law, burglary in the second degree as defined in
 10 section 140.25 of the penal law, or burglary in the third degree as
 11 defined in section 140.20 of the penal law, grand larceny in the second
 12 degree as defined in section 155.40 of the penal law, or grand larceny
 13 in the fourth degree as defined in section 155.30 of the penal law;
 14 (i) charged under article one hundred fifty of the penal law;
 15 (j) charged with kidnapping in the first degree as defined in section
 16 135.25 of the penal law or kidnapping in the second degree as defined in
 17 section 135.20 of the penal law;
 18 (k) charged with a crime which involved the use of explosives;
 19 (l) otherwise involves conduct that presents a serious risk of phys-
 20 ical injury to another for which a term of imprisonment was served and
 21 arrested and charged with a second or subsequent offense under article
 22 two hundred sixty-five of the penal law; or
 23 (m) charged with a felony under article twenty-six of the agriculture
 24 and markets law.
 25 2. (a) Upon the appearance of the principal charged with an offense
 26 listed in subdivision one of this section before a supreme court or
 27 district court judge a