Bail Law Rollback
The NY State Legislature is changing the bail laws again. Snuck into the COVID-19 legislation, our new bail laws are taking a half step back. These changes take effect July 2nd, 2020. The following is an overview of the new laws.
Bail can now, in addition to those charges enumerated in the January 1st 2020 law, be set on:
Burglary in the Second Degree, Subdivision 2. This subdivision is for residential burglaries.
All A-I drug felonies.
Failure to Register as a Level 3 Sex Offender
Endangering the Welfare of a Child, as a Level 3 Sex Offender
Sex Trafficking
Promoting an Obscene Sexual Performance by a Child
Aggravated Assault Upon a Person Less than 11 years old
Grand Larceny in the First Degree
Money Laundering in the First Degree
Enterprise Corruption
Bail Jumping
Escape
Criminal Possession of a Weapon on School Grounds
Hate Crimes of Assault and Arson in the Third Degrees
Aggravated Vehicular Assault
Vehicular Assault in the First Degree
Any crime that is alleged to have caused the death of another person
Unlawful Imprisonment in the First Degree when it is applied to domestic violence
Criminal Obstruction of Breathing when it is applied to domestic violence
Bail can be set if you are charged with any felony and are on probation or post-release supervision.
Bail can now be set on any Class A misdemeanor or felony where “harm occurs to an identifiable person or property” while the defendant was “released on his own recognizance or released under conditions” on a SEPARATE Class A misdemeanor or felony where “harm occurred to an identifiable person or property.”
Bail can be set on a defendant where the charge could result in being sentenced as a persistent felon.
The new law also expanded the availability of non-monetary release conditions. These include:
The Judge, in their discretion, could make a defendant do counseling, substance abuse programs, or Domestic Violence Programs as a condition of their release without bail. Other conditions a Judge could make mandatory are refraining from associating with victims, eyewitnesses, or co-defendants or make diligent efforts to maintain employment, housing or enrollment in school.
Electronic monitoring was introduced in the January 1st 2020 law. Electronic monitoring is available to defendant’s charged with felonies, domestic violence misdemeanors, any other misdemeanor where the defendant ha been convicted of a violent felony within the past 5 years, or for any defendant who was persistently and willful neglected to come back to court. The city can now contract with private companies to provide electronic monitoring services. The defendant will not have to pay for the electronic monitoring.
For more information on the original 2020 bail overhaul, see the previous blog post “The New Bail Laws Explained.”
If you or a loved one has been arrested after July 2nd, 2020 it is imperative that you hire an attorney who is abreast of the ever-changing NY Criminal Law. The Law Offices of Matthew Hunter are constantly reading up on and analyzing NY Law to ensure that their clients are the best represented in NYC.