New York A 930: Provides for the ability of a court to set bail for repeat offenses

Bill Text

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A00930 Summary:

BILL NOA00930 

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SAME ASNo Same As

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SPONSORSteck

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COSPNSR

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MLTSPNSR

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Amd §§510.10, 530.20 & 530.40, CP L

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Provides for the ability of a court to set bail where the principal stands charged for the third time for the same offense within a period of two years.

Go to top A00930 Actions:

BILL NOA00930 

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01/08/2025referred to codes

01/07/2026referred to codes

Go to topA00930 Committee&nbspVotes:

Go to topA00930 Floor&nbspVotes:

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

Go to topA00930 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 930

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

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

 AN ACT to amend the criminal procedure law, in relation to providing for
 the ability of a court to set bail for repeat offenses

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

 1 Section 1. Subdivision 3 of section 510.10 of the criminal procedure
 2 law, as amended by section 2 of subpart A of part VV of chapter 56 of
 3 the laws of 2023, is amended and a new subdivision 3-a is added to read
 4 as follows:
 5 3. In cases other than as described in subdivision three-a or four of
 6 this section, the court shall release the principal pending trial on the
 7 principal's own recognizance, unless the court finds on the record or in
 8 writing that release on the principal's own recognizance will not
 9 reasonably assure the principal's return to court. In such instances,
 10 the court shall release the principal under non-monetary conditions as
 11 provided for in subdivision three-a of section 500.10 of this title that
 12 will reasonably assure the principal's return to court. The court shall
 13 explain its choice of securing order on the record or in writing.
 14 3-a. In cases other than as described in subdivision four of this
 15 section, where the principal stands charged for the third time for the
 16 same offense within a period of two years, the court, unless otherwise
 17 prohibited by law, may in its discretion release the principal pending
 18 trial on the principal's own recognizance or under non-monetary condi-
 19 tions, fix bail, or order non-monetary conditions in conjunction with
 20 fixing bail, or, where the defendant is charged with an offense which is
 21 a felony, the court may commit the principal to the custody of the sher-
 22 iff.
 23 § 2. Paragraph (a) of subdivision 1 of section 530.20 of the criminal
 24 procedure law, as amended by section 6 of subpart A of part VV of chap-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00685-01-5

 A. 930 2

 1 ter 56 of the laws of 2023, is amended and a new paragraph (a-1) is
 2 added to read as follows:
 3 (a) In cases other than as described in paragraph (a-1) or (b) of this
 4 subdivision, the court shall release the principal pending trial on the
 5 principal's own recognizance or release the principal pending trial
 6 under non-monetary conditions, the determination for which shall be made
 7 in accordance with subdivision one of section 510.10 of this title. The
 8 court shall explain the basis for its determination and choice of secur-
 9 ing order on the record or in writing.
 10 (a-1) In cases other than as described in paragraph (b) of this subdi-
 11 vision, where the principal stands charged for the third time for the
 12 same offense within a period of two years, the court, unless otherwise
 13 prohibited by law, may in its discretion release the principal pending
 14 trial on the principal's own recognizance or under non-monetary condi-
 15 tions, fix bail, or order non-monetary conditions in conjunction with
 16 fixing bail, or, where the defendant is charged with an offense which is
 17 a felony, the court may commit the principal to the custody of the sher-
 18 iff.
 19 § 3. Subdivision 3 of section 530.40 of the criminal procedure law, as
 20 amended by section 8 of subpart A of part VV of chapter 56 of the laws
 21 of 2023, is amended and a new subdivision 3-a is added to read as
 22 follows:
 23 3. In cases other th