S2930-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Feb 3, 2011: REFERRED TO CODES

S2930-2011 Memo

BILL NUMBER:S2930

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to requiring certain
persons be committed to the custody of the sheriff pending a hearing on
revocation of bail

PURPOSE:
This bill would require the incarceration, pending a bail revocation
hearing within 72 hours, of a defendant at liberty on bail, upon a
filing of a verified statement that the defendant has intimidated a
victim or witness in violation of sections 215.15,215.16 or 215.17 of
the Penal Law.

SUMMARY OF PROVISIONS:
Amends paragraph (c) of subdivision 2 of section 530.60 of the
criminal procedure law to require that a person against whom a
verified statement has been filed alleging the intimidation of a
victim or witness while out on bail be committed to the custody of
the sheriff, pending a bail revocation hearing.

JUSTIFICATION:
Presently, if a defendant at liberty on bail intimidates a victim or
witness, until the district attorney commences a bail revocation
hearing, the defendant is free to continue to stalk the crime victim
or witness.

Present Criminal Procedures Law provides inadequate protection to
citizens against criminals who kill or intimidate to silence the
witnesses against them. This was illustrated by the killing of Bonnie
Mejia of Freeport, New York, a Queens College student who was killed
by two out-on-bail defendants against whom she was to testify in a
robbery and burglary case. Requiring a bail revocation hearing before
incarcerating a defendant accused of witness or victim intimidation
merely allows the defendant more time to silence an opposing witness
or crime victim. Instead, and in order to provide crime victims and
witnesses with a meaningful form of protection against intimidation,
the state should remove the threatening defendant from the streets
and mandate incarceration pending the bail revocation hearing. This
legislation would effect such a change in the criminal procedure law.

LEGISLATIVE HISTORY:
2007-08: S.1346 - Referred to Codes
2009-10: S.1805 - Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S2930-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2930
 2011-2012 Regular Sessions
 I N  SENATE
 February 3, 2011
 
 Introduced  by Sens. JOHNSON, BONACIC -- read twice and ordered printed,
 and when printed to be committed to the Committee on Codes
 

AN ACT to amend the criminal procedure law,  in  relation  to  requiring
 certain  persons  be committed to the custody of the sheriff pending a
 hearing on revocation of bail
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Paragraph  (c)  of subdivision 2 of section 530.60 of the
 criminal procedure law, as added by chapter 788 of the laws of 1981,  is
 amended to read as follows:

 (c)  Notwithstanding  the provisions of paragraph (a) of this subdivi
 sion a defendant, against whom a felony complaint has been  filed  which
 charges  the  defendant  with  commission of a class A or violent felony
 offense committed while he OR SHE was at liberty as  specified  therein,
 [may]  OR AGAINST WHOM A VERIFIED STATEMENT HAS BEEN FILED WHICH ALLEGES
 THAT THE DEFENDANT HAS INTIMIDATED A VICTIM OR WITNESS IN  VIOLATION  OF
 SECTION  215.15,  215.16  OR  215.17  OF THE PENAL LAW WHILE AT LIBERTY,
 UNLESS THE COURT SHALL OTHERWISE MAKE A FINDING ON THE RECORD, SHALL  be
 committed to the custody of the sheriff pending a revocation hearing for
 a  period  not  to exceed seventy-two hours. An additional period not to
 exceed seventy-two hours may be granted by the court upon application of
 the district attorney upon a showing of good cause or where the  failure
 to  commence  the hearing was due to the defendant's request or occurred
 with his consent. Such good cause must consist of some  compelling  fact
 or  circumstance  which  precluded  conducting  the  hearing  within the
 initial prescribed period.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07071-01-1

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