A251-2011 - NY Senate Open Legislation - Directs the court to consider certain factors when determining the issuance of an order for recognizance or bail

Relates to the consideration of certain factors when determining the issuance of an order for recognizance or bail where a principal is charged with a crime against a family or household member, in matters where the court has discretion; and directs the court to consider the danger of intimidation or injury by the principal to a witness.

Sponsor: Paulin / Multi-sponsor(s): Aubry, Brennan, Cook, Curran, Cymbrowitz, Gabryszak, Galef, Giglio, Hooper, Lancman, Magnarelli, Perry, Ra, Sweeney, Weisenberg / Co-sponsor(s): Lentol, Weinstein, Dinowitz, Cahill, Schimminger, Clark, Rosenthal, Skartados, Pretlow, Zebrowski, Lavine, Montesano
Law Section: Criminal Procedure Law / Law: Amd S510.30, CP L

A251-2011 Actions

May 15, 2012: print number 251c
May 15, 2012: amend and recommit to codes
Jan 4, 2012: referred to codes
Sep 9, 2011: print number 251b
Sep 9, 2011: amend and recommit to codes
Jan 19, 2011: print number 251a
Jan 19, 2011: amend and recommit to codes
Jan 5, 2011: referred to codes

A251-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                           251
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 (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:

 

Section  1.  Paragraph  (b)  of subdivision 2 of section 510.30 of the
 criminal procedure law is relettered paragraph (c) and a  new  paragraph
 (b) is added to read as follows:

 (B)  WHERE  THE  PRINCIPAL IS CHARGED WITH A CRIME OR CRIMES AGAINST A
 FAMILY OR HOUSEHOLD MEMBER OR INTIMATE OR FORMERLY INTIMATE PARTNER, THE
 COURT MUST, ON THE BASIS OF AVAILABLE  INFORMATION,  CONSIDER  AND  TAKE
 INTO  ACCOUNT THE DANGER OF INTIMIDATION OR INJURY BY THE PRINCIPAL TO A
 WITNESS IN THE CASE, INCLUDING THE FOLLOWING FACTORS:

 (I) ANY HISTORY OF PRIOR ACTS  OF  VIOLENCE  OR  THREATS  OF  VIOLENCE
 AGAINST A WITNESS IN THE PENDING CRIMINAL ACTION; AND
 (II) ANY ORDER OR PROTECTION ISSUED BY ANY COURT AGAINST THE PRINCIPAL
 FOR  THE  PROTECTION  OF  A  FAMILY  OR  HOUSEHOLD MEMBER OR INTIMATE OR
 FORMERLY INTIMATE PARTNER, WHETHER OR NOT SUCH  ORDER  IS  CURRENTLY  IN
 EFFECT; AND
 (III)  ANY PRIOR ARREST OR CONVICTION FOR A CRIME OR VIOLATION AGAINST
 A FAMILY OR HOUSEHOLD MEMBER OR INTIMATE OR FORMERLY  INTIMATE  PARTNER;
 AND
 (IV)  ANY  VIOLATION  OF  AN  ORDER  OF PROTECTION ISSUED BY ANY COURT
 AGAINST THE PRINCIPAL FOR THE PROTECTION OF A FAMILY OR HOUSEHOLD MEMBER
 OR INTIMATE OR FORMERLY INTIMATE PARTNER; AND
 (V) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF A FIREARM.
 

S 2. This act shall take effect on the first of November next succeed
 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

A251-2011: Directs the court to consider certain factors when determining the issuance of an order for recognizance or bail

A251-2011 Actions

A251-2011 Text

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