New York A 7726: Requires the installation of trash capture nets on certain point source outlets

Bill Text

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A07726 Summary:

BILL NOA07726 

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SAME ASNo Same As

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SPONSORWalker

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COSPNSR

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MLTSPNSR

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Add §510.25, amd §§510.10 & 510.45, CP L

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Relates to the issuance of securing orders; relates to release under non-monetary conditions; relates to electronic monitoring; requires a rehearing after five days in custody for certain principals.

Go to top A07726 Actions:

BILL NOA07726 

&nbsp

04/08/2025referred to codes

01/07/2026referred to codes

Go to topA07726 Committee&nbspVotes:

Go to topA07726 Floor&nbspVotes:

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

Go to topA07726 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7726

 2025-2026 Regular Sessions

 IN ASSEMBLY

 April 8, 2025
 ___________

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

 AN ACT to amend the criminal procedure law, in relation to the issuance
 of securing orders and in relation to making conforming changes

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

 1 Section 1. The criminal procedure law is amended by adding a new
 2 section 510.25 to read as follows:
 3 § 510.25 Rehearing after five days in custody.
 4 1. In addition to any other available pre-conviction motion or proce-
 5 dure, a principal for whom bail is authorized and was fixed, or who was
 6 remanded to the custody of the sheriff but is legally eligible for
 7 release, and who is in custody five days thereafter, shall be brought
 8 before the court the next business day for a hearing on the securing
 9 order.
 10 2. The people must establish by clear and convincing evidence that the
 11 principal poses a significant risk of intentional flight to avoid prose-
 12 cution, and that no condition or combination of conditions will reason-
 13 ably assure the principal's return to court. Where the principal has not
 14 been indicted, and reasonable cause has not previously been established
 15 pursuant to the relevant provisions of sections 180.60, 180.70, 180.75
 16 and 180.80 of this chapter or this section, the people must also estab-
 17 lish probable cause that the principal committed the charged offense.
 18 3. If the people fail pursuant to subdivision two of this section to
 19 establish that the principal poses a significant risk of intentional
 20 flight to avoid prosecution and that no other condition or combination
 21 of conditions will reasonably assure the principal's return to court, or
 22 in a case where there is no indictment and no previous finding pursuant
 23 to sections 180.60, 180.70, 180.75 and 180.80 of this chapter or this
 24 section and the people fail to establish probable cause that the defend-
 25 ant committed the charged offense, the court shall, by a new securing

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06910-01-5

 A. 7726 2

 1 order, release the principal on the principal's own recognizance or,
 2 where authorized pursuant to this title and articles one hundred seventy
 3 and one hundred eighty of this chapter, under non-monetary conditions,
 4 except where another type of securing order is shown to be required by
 5 law.
 6 4. At the hearing, the principal shall have the right to be repres-
 7 ented by counsel and, if financially unable to obtain counsel, to have
 8 counsel assigned. The principal shall be afforded an opportunity to
 9 testify, present witnesses, cross-examine witnesses who appear at the
 10 hearing and present information by proffer or otherwise. The prose-
 11 cution must present competent, reliable evidence and may not rely on
 12 hearsay evidence to satisfy its burden.
 13 5. Prior to the hearing, in addition to the discovery required by this
 14 chapter, and subject to a protective order, the prosecution shall
 15 disclose to the principal, and permit the principal to discover,
 16 inspect, copy or photograph, on an ongoing basis continuing after such
 17 hearing, all statements and reports that relate or related to the prose-
 18 cution's request for continued detention which are in the possession,
 19 custody or control of the prosecution, or persons under the prose-
 20 cution's direction and contro