S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          251
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M. of A. PAULIN, DINOWITZ, PHEFFER, HOYT, CAHILL, SCHIM-
         MINGER, CLARK, ROSENTHAL -- Multi-Sponsored by  --  M.  of  A.  AUBRY,
         CYMBROWITZ,  GABRYSZAK,  GALEF,  HOOPER, MAGNARELLI, MAYERSOHN, PERRY,
         SWEENEY, WEISENBERG -- read once and  referred  to  the  Committee  on
         Codes
       AN ACT to amend the criminal procedure law, in relation to the consider-
         ation  of certain factors when determining the issuance of an order of
         recognizance or bail
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (b)  of subdivision 2 of section 510.30 of the
    2  criminal procedure law is relettered paragraph (c) and a  new  paragraph
    3  (b) is added to read as follows:
    4    (B)  WHERE  THE  PRINCIPAL IS CHARGED WITH A CRIME OR CRIMES AGAINST A
    5  FAMILY OR HOUSEHOLD MEMBER OR INTIMATE OR FORMERLY INTIMATE PARTNER, THE
    6  COURT MUST, ON THE BASIS OF AVAILABLE  INFORMATION,  CONSIDER  AND  TAKE
    7  INTO  ACCOUNT THE DANGER OF INTIMIDATION OR INJURY BY THE PRINCIPAL TO A
    8  WITNESS IN THE CASE, INCLUDING THE FOLLOWING FACTORS:
    9    (I) ANY HISTORY OF PRIOR ACTS  OF  VIOLENCE  OR  THREATS  OF  VIOLENCE
   10  AGAINST A WITNESS IN THE PENDING CRIMINAL ACTION; AND
   11    (II) ANY ORDER OR PROTECTION ISSUED BY ANY COURT AGAINST THE PRINCIPAL
   12  FOR  THE  PROTECTION  OF  A  FAMILY  OR  HOUSEHOLD MEMBER OR INTIMATE OR
   13  FORMERLY INTIMATE PARTNER, WHETHER OR NOT SUCH  ORDER  IS  CURRENTLY  IN
   14  EFFECT; AND
   15    (III)  ANY PRIOR ARREST OR CONVICTION FOR A CRIME OR VIOLATION AGAINST
   16  A FAMILY OR HOUSEHOLD MEMBER OR INTIMATE OR FORMERLY  INTIMATE  PARTNER;
   17  AND
   18    (IV)  ANY  VIOLATION  OF  AN  ORDER  OF PROTECTION ISSUED BY ANY COURT
   19  AGAINST THE PRINCIPAL FOR THE PROTECTION OF A FAMILY OR HOUSEHOLD MEMBER
   20  OR INTIMATE OR FORMERLY INTIMATE PARTNER; AND
   21    (V) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF A FIREARM.
   22    S 2. This act shall take effect on the first of November next succeed-
   23  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00827-01-1