File #: Res 0366-2022    Version: * Name: Amend the NYS Criminal Procedure Law in relation to setting bail for defendants who pose a threat to public safety. (A.1705/S.1521)
Type: Resolution Status: Committee
Committee: Committee on Public Safety
On agenda: 10/27/2022
Enactment date: Law number:
Title: Resolution calling on the New York State Legislature to pass, and the Governor to sign, A.1705/S.1521, which would amend the New York State Criminal Procedure Law in relation to setting bail for defendants who pose a threat to public safety.
Sponsors: Robert F. Holden
Council Member Sponsors: 1
Attachments: 1. Res. No. 366, 2. October 27, 2022 - Stated Meeting Agenda, 3. Hearing Transcript - Stated Meeting 10-27-22

Res. No. 366

 

Resolution calling on the New York State Legislature to pass, and the Governor to sign, A.1705/S.1521, which would amend the New York State Criminal Procedure Law in relation to setting bail for defendants who pose a threat to public safety.

 

By Council Member Holden

 

                 Whereas, The current climate in our country and city has deteriorated to the point where nefarious individuals have been emboldened, through various recent bail reform policies and laws, to commit serious crimes and threaten public safety; and

                     Whereas, Crime has spiked throughout the City including residential neighborhoods, recreational and tourist areas, and subways; and

                     Whereas, According the New York City Police Department, there has been a significant increase in major felony crimes in the City from 95,369 in Fiscal Year 2021 to 119,742 in Fiscal Year 2022; and

                     Whereas, These crimes include robberies, forcible rapes, felonious assaults, and grand theft auto; and

                     Whereas, Recent actions taken by the State to create new bail reforms have handcuffed the judicial system’s discretion to properly handle cases involving serious crimes; and

                     Whereas, An individual accused of a serious crime should be remanded and should not be released if the court makes the determination that such individual is a threat to public safety; and 

Whereas, A.1705 introduced by New York State Assemblymember Angelo Santabarbara, and companion bill S.1521, introduced by New York State Senator James Tedisco, would amend the New York State Criminal Procedure Law in relation to setting bail for defendants who pose a threat to public safety; and

Whereas, A.1705/S.1521 would allow for greater judicial discretion in setting a securing order with respect to a defendant’s prior felony convictions, failure to make an appearance in court, or subsequent arrests while awaiting a preliminary hearing or trail; and

Whereas, Permitting pretrial detention provides judges with the option to meaningfully address dangerous crimes and better protect the public; now, therefore, be it

Resolved, That the Council of the City of New York calls on the New York State Legislature to pass, and the Governor to sign, A.1705/S.1521, which would amend the New York State Criminal Procedure Law in relation to setting bail for defendants who pose a threat to public safety.

 

WJH

LS 5226

10/6/22