Bill S4891-2013

Provides that persons arrested for domestic violence forfeit bail when violating an order of protection

Provides that persons arrested for domestic violence forfeit bail when violating an order of protection.

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  • Jan 8, 2014: REFERRED TO CODES
  • Apr 30, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S4891

TITLE OF BILL: An act to amend the criminal procedure law, in relation to providing that persons arrested for domestic violence shall forfeit bail when violating an order of protection

PURPOSE:

This bill would mandate a forfeiture of bail when an order of protection is violated.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the criminal procedure law to add a new section, 510.25. This section requires that a domestic violence offender who violates an order of protection shall forfeit any bail he or she has posted

JUSTIFICATION:

This bill amends criminal procedure law by putting forth a more stringent monetary reason not to violate an order of protection.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

Immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 4891 2013-2014 Regular Sessions IN SENATE April 30, 2013 ___________
Introduced by Sen. ROBACH -- 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 providing that persons arrested for domestic violence shall forfeit bail when violating an order of protection THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The criminal procedure law is amended by adding a new section 510.25 to read as follows: S 510.25 FORFEITURE OF BAIL; WHERE PERSONS ARRESTED FOR DOMESTIC VIOLENCE VIOLATE EXISTING ORDERS OF PROTECTION. ANY INDIVIDUAL ARRESTED FOR AN OFFENSE RELATING TO DOMESTIC VIOLENCE, AS DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW, WHO VIOLATES AN EXISTING ORDER OF PROTECTION ISSUED PURSUANT TO THE FOLLOWING PROVISIONS OF LAW: SUBDIVISION ONE OF SECTION 530.11, SUBPARA- GRAPH (I) OR (II) OF PARAGRAPH (O) OF SUBDIVISION ONE OF SECTION 330.20, SECTION 530.12 OF THIS CHAPTER, ORDERS ISSUED PURSUANT TO SECTIONS TWO HUNDRED FORTY AND TWO HUNDRED FIFTY-TWO OF THE DOMESTIC RELATIONS LAW, ARTICLES FOUR, FIVE, SIX AND EIGHT OF THE FAMILY COURT ACT, AND AN ORDER OF PROTECTION ISSUED BY COURTS OF COMPETENT JURISDICTION IN ANOTHER STATE, TERRITORIAL OR TRIBAL JURISDICTION, SHALL FORFEIT ANY BAIL SUCH INDIVIDUAL HAS POSTED. 2. This act shall take effect immediately.

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