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NY S06539
Bill
Status
2/23/2012
Primary Sponsor
Stephen Saland
Click for details
AI Summary
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Allows district attorneys to move for detention, bail with conditions, or release on recognizance based on dangerousness for defendants charged with felonies involving physical force, violations of orders of protection, or weapons offenses under Penal Law sections 265.02, 265.03, or 265.04
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Requires courts to hold a hearing at or within three business days of the defendant's first appearance to determine whether detention, bail, or recognizance release is appropriate, with the defendant remaining in custody until the hearing is held
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Grants defendants the right to counsel, to testify, present witnesses, cross-examine witnesses, and present evidence at the dangerousness hearing, with criminal pre-trial evidence rules applying
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Requires courts to consider nine specified factors when determining dangerousness, including nature of the offense, prior convictions, employment history, drug dependency, pending charges, family offense history, and probation/parole status
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Permits courts to order detention only upon finding by clear and convincing evidence that no conditions of release will reasonably assure the safety of the complainant or other persons, with the hearing reopenable if new material information emerges before trial
Legislative Description
Amends provisions relating to proceedings for the determination of applications for recognizance or bail based upon the dangerousness of the defendant.
Last Action
COMMITTED TO RULES
6/21/2012