NY Bail Reform Would Be Curbed Under GOP Proposals in State Legislature
The pair of bills was a response by Republicans in the state Senate to the state's new laws on cash bail, which will allow most defendants to be released before trial starting next year.
November 07, 2019 at 06:05 PM
7 minute read
Two measures were introduced Thursday by Republican lawmakers in New York to trim back new laws on cash bail by qualifying more charges for bail and allowing judges to decide if a defendant should be incarcerated before trial based on their perceived threat to public safety.
The pair of bills was a response by Republicans in the State Senate to the state's new laws on cash bail, which will allow most defendants to be released before trial starting next year.
The organization representing New York District Attorneys is backing the measure.
State Sens. Sue Serino, R-Dutchess, and Patrick Gallivan, R-Erie, announcing the legislation in Albany, argued that the new laws, which take effect in January, pose a public safety risk.
"Changes to the criminal justice system were, and are, warranted. But they need to be done smartly," Gallivan said. "You need to be looking at evidence You need to consult with professionals. You obviously need to keep up with the times, and that's our job as lawmakers."
Democrats, who took control of the state Legislature for the first time this year in nearly a decade, pushed through the new bail reform law as part of a larger package of criminal justice reforms. Lawmakers also enacted changes to criminal discovery and the right to a speedy trial.
The new law will allow most defendants charged with low-level or nonviolent crimes to be released after their arraignment without having to post bail. It's intended to prevent cases where defendants are kept in jail prior to trial, which can sometimes take months, or even years.
The Republican lawmakers said Thursday that they're not opposed to eliminating cash bail for some crimes, but that the law approved earlier this year went too far.
"In their rush to reform, they failed to consider the very real danger that these sweeping changes would have on communities as a result of the failure to grant judges the ability to even consider the safety risk a person poses to others," Serino said. "That's not justice."
They pointed to a list of charges that are no longer eligible for bail in New York, meaning defendants will remain out of jail while they await trial. Among those charges are aggravated vehicular homicide, a class B felony and selling a firearm to a minor, a class C felony.
They also argued that those repeatedly charged with certain low-level crimes, like misdemeanor domestic violence, cannot be held before trial under the new law. That means, they said, those individuals could harm others after their release.
"We have a piece of legislation that, again, is looking at offenders—no consideration about what a repeat offender might do once they get an appearance ticket and go back out there," Gallivan said.
Orange County District Attorney David Hoovler, who's the current president of the District Attorneys Association of the State of New York, was at the press conference Thursday to throw his weight behind the proposals. The group opposed the new bail law as it was written.
"Every district attorney in this state wants some type of reform and wanted it done in a meaningful manner," Hoovler said. "What we got, I believe, is a hodgepodge of things that were not well thought out."
The legislation pushed by Gallivan and Serino on Thursday would seek to amend the state's new bail laws in two ways.
The first bill would allow judges in New York, when deciding if they should set bail, to consider a defendant's so-called 'dangerousness,' or threat to public safety. That factor has never been allowed as a consideration for judges in New York and still wouldn't be under the new law.
Gallivan, the former Erie County Sheriff, said the legislation doesn't include a specific definition of what would classify a defendant as dangerous. That would be entirely within the discretion of the judge, he said.
"We've placed our trust in judges through various elections," Gallivan said. "This bill just gives them the discretion to make that decision. It allows it, it doesn't require it. It would be up to them."
Democrats in the state Legislature have resisted allowing judges to consider a defendant's so-called 'dangerousness' in the past. When lawmakers wanted to eliminate cash bail entirely this year, some wanted to allow the factor as a safety valve of sorts.
But some of the prime supporters of bail reform, like Assemblywoman Latrice Walker, D-Brooklyn, were staunchly opposed to legislation that would allow 'dangerousness.'
She, and others, argued at the time that there were certain situational factors that not all judges may consider if given the discretion to evaluate someone's threat to public safety. Certain factors, like if someone is homeless, shouldn't be included, she said.
Erin George, the civil rights campaigns director at Citizen Action of New York, an advocacy group, argued Thursday that lawmakers were right to exclude 'dangerousness' in the final bill because some factors in making that decision can be perceived as racist.
"The reason the Legislature and governor finalized and signed into law a bail law that doesn't include 'dangerousness' is because it's a racist construct that will be used to perpetuate injustice against legally innocent people," George said.
"That just perpetuates the system of geographic injustice that has persisted in New York for decades and generations," she continued.
The second bill would require that charges under the aggravated family offense statute, which include domestic violence and sex crimes, be eligible for bail and pretrial incarceration. Some of the charges under that statute, like misdemeanor domestic violence, will no longer be bailable.
Language for either piece of legislation was not immediately available Thursday afternoon. It wasn't immediately clear which domestic violence charges and sex crimes would be eligible for bail under the second bill.
A spokesman for Gov. Andrew Cuomo, who negotiated the new bail law with Democrats in the Legislature said the comments from Republicans on Thursday amounted to "fearmongering," and pointed to similar measures that have already been enacted in New Jersey.
"Republican Governor Chis Christie passed essentially the same bail reform laws years ago in New Jersey and their state reports have shown that overall crime has decreased with no statistically significant changes regarding re-offenses or court appearances," said Jason Conwall, the Cuomo spokesman.
"Politicians taking cues from Trump's cheap fearmongering should knock it off and focus on the facts," he said.
READ MORE:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllCourt System Names New Administrative Judges for New York City Courts in Leadership Shakeup
3 minute readRetired Judge Susan Cacace Elected Westchester DA in Win for Democrats
In Eric Adams Case and Other Corruption Matters, Prosecutors Seem Bent on Pushing Boundaries of Their Already Awesome Power
5 minute readTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250