Requires court review of domestic violence bail applications.
TITLE OF BILL: An act to amend the criminal procedure law, in relation to requiring court review of domestic violence bail applications
PURPOSE OF THE BILL: This act shall be known as the Isol Cotto Act. This bill will create a provision requiring domestic violence defendants to appear before a judge prior to release on bail.
SUMMARY OF PROVISIONS: Section 2 of the bill creates section 510.25 in the criminal procedure law that mandates an individual arrested for a domestic violence offense shall not be released on bail until they have appeared before a judge.
The court shall assess the risk to the victim in the review of the bail application. If there is no appearance before a judge within 12 hours of the arrest then the accused shall be released on bail.
JUSTIFICATION: This bill requires that an individual arrested for certain domestic violence offenses appear before a judge prior to being released on bail. The intimacy involved in domestic violence makes it different than other crimes. Often times the victim and the accused live together, therefore, when a person is released on bail they immediately come into contact with the victim. The victim may now be at a higher risk for abuse just for reporting the crime.
To lessen this risk a judge should be required to review the circumstances of the case before setting bail. In the case that the accused is unable to appear before the judge then they will be released after 12 hours. The 12 hour period gives both the victim and the accused time apart before they come into contact again. We must ensure that an individual arrested for domestic abuse is safe to return home and not a risk to the victim.
PRIOR LEGISLATIVE HISTORY: Previously introduced.
FISCAL IMPLICATIONS FOR STATE: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 829 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. STAVISKY -- 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 court review of domestic violence bail applications THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "Isol Cotto Act". S 2. The criminal procedure law is amended by adding a new section 510.25 to read as follows: S 510.25 APPLICATION FOR RECOGNIZANCE OR BAIL; WHERE DEFENDANT IS ACCUSED OF DOMESTIC VIOLENCE OR VIOLATING AN EXISTING ORDER OF PROTECTION. 1. ANY INDIVIDUAL ARRESTED FOR AN OFFENSE RELATING TO: (A) DOMESTIC VIOLENCE, AS DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW; (B) VIOLATING AN EXISTING ORDER OF PROTECTION ISSUED PURSUANT TO THE FOLLOWING PROVISIONS OF LAW: SUBDIVISION ONE OF SECTION 530.11, SUBPARAGRAPH (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 JURISDIC- TION IN ANOTHER STATE, TERRITORIAL OR TRIBAL JURISDICTION; OR (C) COMMITTING A FAMILY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT SHALL NOT BE RELEASED ON BAIL UNTIL THEY HAVE APPEARED BEFORE A JUDGE OF THE COURT. 2. THE COURT'S REVIEW OF BAIL, AS PROVIDED FOR IN THIS SECTION, SHALL INCLUDE BUT NOT BE LIMITED TO: (A) A REVIEW OF THE CIRCUMSTANCES OF THE ARREST; (B) ANY PRIOR VIOLENT OFFENSES; AND (C) THE RISK THAT THE ACCUSED POSES TO THE VICTIM IF RELEASED. SUCH APPEARANCE SHALL OCCUR WITHIN TWELVE HOURS OF ARREST AND IN NO INSTANCE MAY THE ACCUSED BE HELD UNDER THE PROVISIONS OF THIS SECTION FOR MORE THAN TWELVE HOURS. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00565-01-1