A 930: 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.

  
  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 than as described in subdivision three-a or four of 24 this section the court shall release the principal pending trial on the 25 principal's own recognizance or release the principal pending trial 26 under non-monetary conditions, the determination for which shall be made 27 in accordance with section 510.10 of this title. The court shall explain 28 the basis for its determination and choice of securing order on the 29 record or in writing. 30 3-a. In cases other than as described in subdivision four of this 31 section, where the principal stands charged for the third time for the 32 same offense within a period of two years, the court, unless otherwise 33 prohibited by law, may in its discretion release the principal pending 34 trial on the principal's own recognizance or under non-monetary condi- 35 tions, fix bail, or order non-monetary conditions in conjunction with 36 fixing bail, or, where the defendant is charged with an offense which is 37 a felony, the court may commit the principal to the custody of the sher- 38 iff. 39 § 4. This act shall take effect on the thirtieth day after it shall 40 have become a law.