Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 29, 2012 |
referred to codes delivered to assembly passed senate |
Mar 22, 2012 |
advanced to third reading |
Mar 21, 2012 |
2nd report cal. |
Mar 20, 2012 |
1st report cal.428 |
Mar 08, 2012 |
referred to codes |
Senate Bill S6676
2011-2012 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2011-S6676 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §160.50, CP L
2011-S6676 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6676 TITLE OF BILL: An act to amend the criminal procedure law, in relation to unsealing criminal records involving orders of protection This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Criminal Law and Procedure. This measure would amend the Criminal Procedure Law to authorize a court to unseal records of an order of protection where necessary to prosecute a defendant for violating that order of protection. This measure is proposed in response to recent cases that have uncovered a serious issue concerning orders of protection contained in a sealed file (see People v Marcus A, 28 Misc 3d 667 [Sup Ct, NY County 2010]); see also Matter of Akieba Mc, 72 AD3d 689 [2d Dept 2010]). When a criminal contempt prosecution is commenced, and the basis for the charge is that the defendant knowingly violated a lawful order of a court (see PL §§ 215.50, 215.51 or 215.52), a prosecutor must obtain a copy of the underlying order of protection alleged to have been violated. A certified copy of the order is most often used to replace a misdemeanor complaint with an information (see CPL 170.65), or as evidence before the grand jury in felony contempt prosecutions. It also is admissible as trial evidence to establish
2011-S6676 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6676 I N S E N A T E March 8, 2012 ___________ Introduced by Sen. SALAND -- (at request of the Office of Court Adminis- tration) -- 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 unsealing criminal records involving orders of protection THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (i) of paragraph (d) of subdivision 1 of section 160.50 of the criminal procedure law, as amended by section 73 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: (i) a prosecutor in any proceeding (A) in which the accused has moved for an order pursuant to section 170.56 or 210.46 of this chapter, or (B) WHERE THE RECORDS CONSIST OF AN ORDER OF PROTECTION AND THE PROSECU- TOR DEMONSTRATES TO THE SATISFACTION OF THE COURT THAT THE RECORDS ARE NECESSARY TO THE PROSECUTION OF THE ACCUSED FOR VIOLATING OR ATTEMPTING TO VIOLATE SUBDIVISION THREE OF SECTION 215.50, SECTION 215.51 OR 215.52 OF THE PENAL LAW, OR S 2. This act shall take effect immediately, and shall apply to all criminal actions commenced on or after such effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14170-01-2
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