S829-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Jan 5, 2011: REFERRED TO CODES

S829-2011 Memo

BILL NUMBER:S829

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.

S829-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     829

                         2011-2012 Regular Sessions

                              I N  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