Bill > A01945

This bill enacts the "Justice for Rachael" Act, which amends the Criminal Procedure Law to create "dangerousness hearings." The bill allows prosecutors to seek pretrial detention of defendants charged with certain serious crimes, such as felonies involving physical force, violations of court orders, or offenses where the victim was subjected to abuse. The judge must hold a hearing and can order pretrial detention if they find by clear and convincing evidence that no conditions of release will reasonably assure the safety of any other person or the community. The bill also provides for a process to appeal the denial of release and requires the detention order and conditions of release to be recorded in the defendant's criminal record. The bill takes effect on November 1st and applies to all criminal cases where the defendant was arraigned on or after that date.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2023/A1945