Provides judges more discretion regarding securing orders and limiting the lengths of certain orders; increases the lengths of certain prison sentences; repeals certain provisions relating to use of force by law enforcement; repeals certain provisions relating to access to premises for discovery by the defendant and motions to vacate judgments.
Summary
Bill A04754 seeks to amend various sections of the criminal procedure law and penal law in New York. It aims to provide judges with greater discretion regarding securing orders, which are orders related to the custody of defendants and conditions of their release. The bill also proposes to limit the lengths of certain orders while increasing the lengths of certain prison sentences. Additionally, it repeals provisions related to the use of force by law enforcement and modifies access to premises for discovery by defendants, as well as motions to vacate judgments.
Impact
If enacted, this bill would significantly alter the landscape of criminal procedure in New York. By granting judges more discretion in issuing securing orders, the bill could lead to a more individualized approach to pre-trial release and detention. The increase in prison sentence lengths may impact sentencing practices and potentially lead to longer incarceration periods for certain offenses. The repeal of provisions regarding the use of force by law enforcement may also affect police practices and accountability.
Sentiment
The sentiment around Bill A04754 appears to be mixed based on the committee's voting history. The Assembly Codes Committee held the bill for consideration with a vote of 16 in favor and 6 against, indicating some level of support but also notable opposition. The lack of extensive committee discussion transcripts suggests that the bill has not been thoroughly debated, leaving room for differing opinions on its implications.
Contention
Notable points of contention include the balance between judicial discretion and public safety, particularly regarding the increased lengths of prison sentences. Some lawmakers may argue that longer sentences do not necessarily correlate with lower crime rates, while others may advocate for stricter penalties as a deterrent. Additionally, the repeal of certain provisions related to the use of force by law enforcement may raise concerns about accountability and the potential for misuse of power.
Relates to motions to vacate judgment; authorizes filing motions to vacate judgment for a conviction that was subsequently decriminalized; authorizes motions to vacate judgment to be filed at any time after entry of a judgment obtained at trial or by plea; repeals certain provisions relating thereto.
Enacts into law components of legislation relating to certain criminal justice reform in the state of New York; establishes law enforcement officer grant funds (Part A); provides judges more discretion regarding securing orders and limiting the lengths of certain orders (Part B); requires affirmative consent for the disclosure of contact information of witnesses to a defendant; provides that denial of such consent shall only be for good cause as determined by the court (Part C); relates to consideration of the death penalty for the commission of certain provisions of murder in the first degree (Part D).
Relates to motions to vacate judgment; authorizes filing motions to vacate judgment for a conviction that was subsequently decriminalized; authorizes motions to vacate judgment to be filed at any time after entry of a judgment obtained at trial or by plea; repeals certain provisions relating thereto.
Enacts into law components of legislation relating to certain criminal justice reform in the state of New York; establishes law enforcement officer grant funds (Part A); provides judges more discretion regarding securing orders and limiting the lengths of certain orders (Part B); requires affirmative consent for the disclosure of contact information of witnesses to a defendant; provides that denial of such consent shall only be for good cause as determined by the court (Part C); relates to consideration of the death penalty for the commission of certain provisions of murder in the first degree (Part D).
Enacts into law components of legislation relating to certain criminal justice reform in the state of New York; establishes law enforcement officer grant funds (Part A); provides judges more discretion regarding securing orders and limiting the lengths of certain orders (Part B); requires affirmative consent for the disclosure of contact information of witnesses to a defendant; provides that denial of such consent shall only be for good cause as determined by the court (Part C); relates to consideration of the death penalty for the commission of certain provisions of murder in the first degree (Part D).