New York A 4155: Permits judicial discretion for dangerousness, extending the discovery period, permitting immediate bench warrants for failure to appear for hate crimes, places restrictions on appearance tickets

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A04155 Summary:

BILL NOA04155 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORReilly

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COSPNSRNovakhov, Slater, Palmesano, Chludzinski, Hawley, Angelino, DeStefano, Bailey, Tague, Tannousis,
 Sempolinski, Blankenbush, Norber

&nbsp

MLTSPNSRGiglio

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Amd §§510.10, 530.20, 530.40, 245.10, 245.20, 245.30, 245.55, 510.50 & 150.20, CP L

&nbsp

Permits judicial discretion based on dangerousness when issuing a securing order; allows for limited pre-trial detention upon such a determination; extends the time period for discovery from twenty to forty-five days; permits the immediate issuance of a bench warrant for failure to appear for certain principals charged with hate crimes; places restrictions on when appearance tickets may be issued.

Go to top A04155 Actions:

BILL NOA04155 

&nbsp

01/31/2025referred to codes

01/07/2026referred to codes

Go to topA04155 Committee&nbspVotes:

Go to topA04155 Floor&nbspVotes:

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

Go to topA04155 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4155

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 31, 2025
 ___________

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

 AN ACT to amend the criminal procedure law, in relation to permitting
 judicial discretion based on dangerousness when issuing a securing
 order, extending the time period for discovery, permits the immediate
 issuance of a bench warrant for failure to appear for certain princi-
 pals, and places restrictions on when appearance tickets may be issued

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

 1 Section 1. Subdivisions 1 and 3 of section 510.10 of the criminal
 2 procedure law, subdivision 1 as amended by section 1 of subpart C of
 3 part UU of chapter 56 of the laws of 2022, and the opening paragraph of
 4 subdivision 1 and subdivision 3 as amended by section 2 of subpart A of
 5 part VV of chapter 56 of the laws of 2023, are amended to read as
 6 follows:
 7 1. When a principal, whose future court attendance at a criminal
 8 action or proceeding is or may be required, comes under the control of a
 9 court, such court shall impose a securing order in accordance with this
 10 title. Except as otherwise required by law, the court shall make an
 11 individualized determination as to whether the principal poses a danger
 12 to a person or the community and make an individualized determination as
 13 to whether the principal poses a risk of flight to avoid prosecution,
 14 consider the kind and degree of control or restriction necessary to
 15 reasonably assure the principal's return to court, and select a securing
 16 order consistent with its determination under this subdivision. The
 17 court shall explain the basis for its determination and its choice of
 18 securing order on the record or in writing. In making a determination
 19 under this subdivision, the court must consider and take into account
 20 available information about the principal, including, but not limited
 21 to:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03361-01-5

 A. 4155 2

 1 (a) The principal's character, reputation, habits, activities [and],
 2 history and mental condition;
 3 (b) If the principal is a defendant, the charges facing the principal;
 4 (c) The principal's criminal [conviction] record if any;
 5 (d) The principal's record of previous adjudication as a juvenile
 6 delinquent, as retained pursuant to section 354.1 of the family court
 7 act, or, of pending cases where fingerprints are retained pursuant to
 8 section 306.1 of such act, or a youthful offender, if any;
 9 (e) The principal's previous record with respect to responding to
 10 court appearances when required or with respect to flight to avoid crim-
 11 inal prosecution;
 12 (f) If monetary bail is authorized, according to the restrictions set
 13 forth in this title, the principal's individual financial circumstances,
 14 and, in cases where bail is authorized, the principal's ability to post
 15 bail without posing undue hardship, as well as [his or her] such princi-
 16 pal's ability to obtain a secured, unsecured, or partially s