BILL NUMBER: S10679
SPONSOR: MURRAY
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to including
certain violations involving children as qualifying offenses for the
purpose of imposing bail
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 4 of section 510.10 of the Criminal Proce-
dure Law to include as a qualifying offense any crime where the princi-
pal is alleged to have caused physical, psychological, or emotional harm
to a child less than eighteen years old.
Section 2 makes a corresponding amendment to subdivision 1 of section
530.20 of the Criminal Procedure Law.
Section 3 makes a corresponding amendment to subdivision 4 of section
530.40 of the Criminal Procedure Law.
Section 4 provides the effective date.
 
JUSTIFICATION:
New York's bail laws generally limit the circumstances in which a court
may impose monetary bail or remand a defendant to those offenses specif-
ically designated by law as qualifying offenses. As a result, the nature
of the alleged conduct and the harm suffered by a victim do not, stand-
ing alone, necessarily give a court the authority to consider bail.
Children are among the most vulnerable victims of crime. Criminal
conduct that causes physical injury to a child can have serious conse-
quences, while psychological and emotional harm can likewise have a
profound impact on a young victim. When a person is alleged to have
committed a crime that causes such harm to a child, a court should have
the full range of legally available pretrial options when determining
the appropriate conditions of release.
This legislation provides courts with that authority by making any crime
in which the defendant is alleged to have caused physical, psycholog-
ical, or emotional harm to a child under eighteen a qualifying offense
for purposes of New York's bail laws. Importantly, the bill maintains
judicial discretion by not requiring a court to impose bail or remand in
such cases. Rather, it makes these offenses bail eligible, allowing the
court to exercise the flexibility provided under the CPL based upon the
facts and circumstances of the individual case.
The criminal justice system has a particular responsibility to recognize
the vulnerability of children and the seriousness of crimes that cause
them harm. Ensuring that courts have appropriate discretion in cases
involving child victims will better reflect the seriousness of such
conduct while preserving judicial consideration of the circumstances
presented in each case.
 
PRIOR LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal.
 
EFFECTIVE DATE:
Immediately.