Removes the requirement that willful failure to appear after notice of scheduled appearances be persistent in order to revoke an order granting an order of recognizance, release under non-monetary conditions or bail to a defendant and to fix bail in such action or proceeding.
Summary
A05508 amends New York’s Criminal Procedure Law to make it easier for a court to revoke a defendant’s release and set bail when the defendant fails to appear after notice of scheduled court appearances. Under current law, the failure to appear must be “persistently and willfully” made before a court may revoke an order of recognizance, release under non-monetary conditions, or bail and then fix bail in the case. This bill removes the word “persistently,” leaving only a willful failure to appear as the trigger.
The practical effect is to lower the threshold for judicial action against defendants who miss court dates after notice. It does not create a new offense, but it changes the standard a court may use in deciding whether to take away an existing release status and impose bail. The bill is set to take effect on November 1 following enactment.
Impact
This bill would amend Criminal Procedure Law section 530.60(2)(b)(i), narrowing the protection currently requiring a pattern of repeated nonappearance before a court can revoke release and set bail. If enacted, judges would be able to act on a single willful failure to appear, rather than needing to find that the conduct was persistent. The change affects defendants on recognizance, non-monetary release, or bail, and it would likely increase the circumstances in which courts can impose bail after missed appearances.
Sentiment
Based on the bill text and available context, the measure appears to reflect a public-safety and court-compliance approach, favoring stronger judicial authority over defendants who miss scheduled appearances. No committee transcript or vote record is available here, so there is no documented debate or recorded opposition in the provided materials. The bill’s framing suggests support from those concerned with appearance compliance and court enforcement, but the absence of discussion prevents a fuller assessment of legislative sentiment.
Contention
The main point of contention is the reduced standard for revoking release: supporters are likely to argue that a single willful failure to appear should be enough to protect court integrity and ensure defendants return, while critics may view the change as making it easier to impose bail and potentially increasing pretrial detention. The bill specifically targets the removal of the “persistently” requirement, so disagreement would center on whether repeated missed appearances should remain necessary before liberty can be revoked. No named opponents or supporters are identified in the provided record.
Provides for the immediate enforcement of securing orders through issuance of a bench warrant when a defendant fails to appear for a scheduled appearance; removes 48 hour notice requirement.
To Amend The Law Concerning The Suspension, Revocation, Or Nonrenewal Of A Person's Driver's License For Failure To Pay A Court-ordered Fine; And To Amend The Law Concerning A Defendant's Inability To Pay A Court-ordered Fine.
Relates to orders of sequestration on failure to obey a support order; removes requirements that a respondent be out of state or threaten to leave the state before a sequestration order is made.
Includes certain charges of criminal possession of a weapon in the third degree as a qualifying offense for consideration of an order of recognizance, release under non-monetary conditions or bail.
Includes certain charges of criminal possession of a weapon in the third degree as a qualifying offense for consideration of an order of recognizance, release under non-monetary conditions or bail.