BILL NUMBER: S3295
SPONSOR: WEIK
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to ensuring
repeat offenders qualify for bail and pre-trial detention
 
PURPOSE:
To provide courts with the discretion to issue bail for repeat offen-
ders.
 
SUMMARY OF PROVISIONS:
Sections 1-3. Grant courts the discretion to issue bail for a defendant
that is charged with a misdemeanor or felony offense if they have a
prior conviction of one or more misdemeanor or felony offenses within
the immediate preceding five years.
Section 4. Establishes effective date.
 
JUSTIFICATION:
This bill seeks to address one of the major flaws of bail reform legis-
lation that was hastily passed in the 2019-2020 budget. Under bail
reform, repeat offenders will continue to be released pending trial as
long as the crime they have committed is not a "qualifying" offense. Law
enforcement will continue to see the same individuals repeatedly without
the ability of getting them off the streets. In two recent incidents,
for example, Steven Haynes assaulted a NYPD police officer, and despite
twenty-four prior arrests, the court was prohibited from issuing bail.
Tiffany Harris, punched two Jewish women in an anti-Semitic attack but
the courts were forced to release her. The following day, she attacked
another woman and the courts were once again forced to release her pend-
ing trial. This legislation would give courts the discretion to issue
bail or hold an individual pending trial if they have shown a pattern of
breaking the law.
 
LEGISLATIVE HISTORY:
2023: S5252 Codes
2022: S6153 Codes
 
FISCAL IMPLICATIONS:
None to the State
 
EFFECTIVE DATE:
This act shall take effect immediately.