This bill has been amended

Bill S1414A-2011

Relates to the consideration of certain factors when determining the issuance of an order of recognizance or bail

Relates to the consideration of certain factors when determining the issuance of an order of recognizance or bail.

Details

Actions

  • May 15, 2012: VOTE RECONSIDERED - RESTORED TO THIRD READING
  • May 15, 2012: returned to senate
  • May 15, 2012: RECALLED FROM ASSEMBLY
  • Mar 29, 2012: referred to codes
  • Mar 29, 2012: DELIVERED TO ASSEMBLY
  • Mar 29, 2012: PASSED SENATE
  • Mar 22, 2012: ADVANCED TO THIRD READING
  • Mar 21, 2012: 2ND REPORT CAL.
  • Mar 20, 2012: 1ST REPORT CAL.414
  • Jan 4, 2012: REFERRED TO CODES
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Mar 30, 2011: referred to codes
  • Mar 30, 2011: DELIVERED TO ASSEMBLY
  • Mar 30, 2011: PASSED SENATE
  • Mar 30, 2011: ORDERED TO THIRD READING CAL.290
  • Mar 29, 2011: REPORTED AND COMMITTED TO RULES
  • Mar 23, 2011: PRINT NUMBER 1414A
  • Mar 23, 2011: AMEND AND RECOMMIT TO CODES
  • Jan 7, 2011: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - Mar 29, 2011
Ayes (14): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Perkins, Squadron, Espaillat
Ayes W/R (1): Duane
Nays (1): Parker
VOTE: COMMITTEE VOTE: - Rules - Mar 30, 2011
Ayes (22): Skelos, Alesi, Farley, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Duane, Hassell-Thompson, Krueger, Parker, Perkins, Stewart-Cousins
Ayes W/R (1): Montgomery
Absent (1): Smith
VOTE: COMMITTEE VOTE: - Codes - Mar 20, 2012
Ayes (15): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Parker, Perkins, Squadron, Espaillat
Ayes W/R (1): Duane

Memo

BILL NUMBER:S1414A

TITLE OF BILL: An act to amend the criminal procedure law, in relation to the consideration of certain factors when determining the issuance of an order of recognizance or bail

PURPOSE: The bill will help protect more victims of domestic violence by expanding criminal procedure law section 510.30. The bill will require the court, when determining recognizance or bail in cases of domestic violence, to consider certain enumerated factors which could lead to intimidation or injury by the principal to the victim or witness.

SUMMARY OF PROVISIONS: Section one re-letters paragraph (b) as paragraph (c) of subdivision 2 of section 510.30 of the criminal procedure law and adds a new paragraph (b). This new paragraph requires the court to consider certain factors when determining recognizance or bail in cases of domestic violence such as prior acts of violence or threats of violence, prior orders of protection, prior arrests or convictions for offenses against family or household members, prior violations of orders of protection, and access to firearms or a history of firearm use.

Section two defines the effective date as the first of November following the date on which it shall become law.

JUSTIFICATION: Domestic violence is a societal problem of enormous prevalence and impact. It has been identified by the Surgeon General of the United States as the number one health problem affecting American women, and it floods the justice system of New York State as well as the courts of every other state in the nation.

New York State has been in the forefront of addressing this problem by passing many progressive laws over the past few decades, including the mandatory arrest law, the law creating the registry of orders of protection, an anti-stalking law, and a law requiring judges to consider evidence of domestic violence in all child custody and visitation cases. However, one important area of the law has not been updated to take into account the unique nature of domestic violence offenses: New York's bail provisions.

As a result, perpetrators of domestic violence offenses are often set free on low or no bail and thereby allowed to stalk, harm and sometimes kill their specifically targeted victims. In December 2002, a perpetrator of domestic violence was released on $1,500 bail by a city judge in Westchester County after an attempted assault with a gun on his former girlfriend. Within days after his release on bail, the perpetrator shot his former girlfriend in the head and killed himself. As recently as July 2010, a similar tragic incident occurred in Dutchess County when the perpetrator killed his wife before turning the gun on himself. This incident occurred only days after his

release on bail, following one month in jail stemming from an incident of domestic violence.

If judges determining recognizance and bail in domestic violence cases were required to consider well established risk factors to the victim such as a history of violence or threats of violence, prior orders of protection, and the accused's access to guns, many victims and their children would be spared additional harm and, in some tragic incidences, their lives.

The bail statute currently does not consider the unique nature of domestic violence cases. The criminal who commits a street crime against a stranger, for example, is not likely to target the victim for additional criminal activity while the case is pending and afterwards. Precisely the reverse is true for domestic violence perpetrators, who are highly likely to do so. Those who commit acts of domestic violence do so to exercise power and control over their specific victim, with whom they have a relationship. Domestic violence has a high rate of recidivism, and tends to escalate in frequency and severity over time. The initiation of a court case against the perpetrator is a high-risk time for the victim, who is perceived by the abuser as trying to escape the relationship. Perpetrators often threaten and harm their victims during the pendency of the case in order to force them not to cooperate with the prosecution and to reconcile.

New York law does not allow the bail determination to be used for "preventive detention," in order to protect the public from a generalized threat of further criminal activity by an accused. However, New York law does permit the bail determination to be used when necessary to protect witnesses to the crime. Domestic violence cases fall squarely within this rule because the victim of the offense is the key and some- time the only witness and, as noted above, is highly likely to be targeted by the perpetrator for further threats or harm. Thus, in domestic violence cases, it is essential that the judge determining recognizance or bail consider factors that indicate a risk of harm to the victim-witness. This bill offers guidance to judges by specifying factors including prior acts of violence or threats of violence, prior orders of protection, prior arrests or convictions for offenses against intimates or family members, prior violations of orders of protection, and access to firearms.

Bail reform is necessary to protect the victim-witness of domestic offenses.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1414--A 2011-2012 Regular Sessions IN SENATE January 7, 2011 ___________
Introduced by Sens. SALAND, BALL, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 MEMBER OR MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE, 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 OF PROTECTION ISSUED BY ANY COURT AGAINST THE PRINCIPAL FOR THE PROTECTION OF A MEMBER OR MEMBERS OF THE SAME FAMILY OR HOUSE- HOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE, WHETHER OR NOT SUCH ORDER IS CURRENTLY IN EFFECT; AND (III) ANY PRIOR ARREST OR CONVICTION FOR A CRIME OR VIOLATION AGAINST A MEMBER OR MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE; AND (IV) ANY VIOLATION OF AN ORDER OF PROTECTION ISSUED BY ANY COURT AGAINST THE PRINCIPAL FOR THE PROTECTION OF A MEMBER OR MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE; 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.

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