Bill > A02313

This bill amends the New York criminal procedure law to require courts to make a more comprehensive individualized assessment when determining bail for a defendant. Specifically, the bill mandates that courts must now explicitly evaluate whether a defendant poses a current physical danger to any crime victim, specific individuals, or the broader community, in addition to assessing the existing risk of flight. The court must explain its reasoning for bail decisions on the record or in writing, taking into account available information about the defendant. By adding the phrase "current physical danger" to the existing bail determination process, the legislation aims to provide courts with clearer guidance on considering public safety when setting bail. The bill emphasizes a more nuanced approach to bail decisions by requiring judges to conduct a detailed, individualized examination of potential threats, rather than relying on more generalized criteria. The changes are intended to enhance community safety while still maintaining the fundamental principle of presuming a defendant's innocence before trial. The bill will take effect immediately upon enactment.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A2313