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Bill > A04155


NY A04155

NY A04155
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.


summary

Introduced
01/31/2025
In Committee
01/31/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

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 principals, and places restrictions on when appearance tickets may be issued

AI Summary

This bill introduces several key changes to New York's criminal procedure law, focusing on judicial discretion, pre-trial detention, discovery timelines, and appearance procedures. Specifically, the bill allows judges to consider an individual's potential danger to the community when issuing securing orders (court-mandated restrictions), which now includes the option of committing a defendant to sheriff's custody for up to 90 days for misdemeanors or 180 days for felonies if deemed a potential risk. The legislation extends the discovery period for prosecutorial evidence from 20 to 45 calendar days when a defendant is in custody, and from 35 to 60 days when not in custody, providing more time for evidence gathering and sharing. Additionally, the bill permits immediate issuance of a bench warrant for individuals charged with hate crimes who fail to appear in court, and places new restrictions on when police can issue appearance tickets, such as prohibiting their use for individuals with recent similar offenses or convictions. These changes aim to enhance public safety, provide more judicial flexibility, and streamline criminal case management while balancing defendants' rights with community protection considerations.

Committee Categories

Housing and Urban Affairs

Sponsors (12)

Last Action

referred to codes (on 01/31/2025)

bill text


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