Includes certain violations involving children as qualifying offenses for the purpose of imposing bail

◆ The sponsor's argument

Why Dean Murray says this is needed

New York's bail laws generally limit the circumstances in which a court may impose monetary bail or remand a defendant to those offenses specif- ically designated by law as qualifying offenses. As a result, the nature of the alleged conduct and the harm suffered by a victim do not, stand- ing alone, necessarily give a court the authority to consider bail. Children are among the most vulnerable victims of crime. Criminal conduct that causes physical injury to a child can have serious conse- quences, while psychological and emotional harm can likewise have a profound impact on a young victim. When a person is alleged to have committed a crime that causes such harm to a child, a court should have the full range of legally available pretrial options when determining the appropriate conditions of release. This legislation provides courts with that authority by making any crime in which the defendant is alleged to have caused physical, psycholog- ical, or emotional harm to a child under eighteen a qualifying offense for purposes of New York's bail laws. Importantly, the bill maintains judicial discretion by not requiring a court to impose bail or remand in such cases. Rather, it makes these offenses bail eligible, allowing the court to exercise the flexibility provided under the CPL based upon the facts and circumstances of the individual case. The criminal justice system has a particular responsibility to recognize the vulnerability of children and the seriousness of crimes that cause them harm. Ensuring that courts have appropriate discretion in cases involving child victims will better reflect the seriousness of such conduct while preserving judicial consideration of the circumstances presented in each case.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.