senate Bill S1414A

Amended

Relates to the consideration of certain factors when determining the issuance of an order of recognizance or bail

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Jan / 2011
    • REFERRED TO CODES
  • 23 / Mar / 2011
    • AMEND AND RECOMMIT TO CODES
  • 23 / Mar / 2011
    • PRINT NUMBER 1414A
  • 29 / Mar / 2011
    • REPORTED AND COMMITTED TO RULES
  • 30 / Mar / 2011
    • ORDERED TO THIRD READING CAL.290
  • 30 / Mar / 2011
    • PASSED SENATE
  • 30 / Mar / 2011
    • DELIVERED TO ASSEMBLY
  • 30 / Mar / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 20 / Mar / 2012
    • 1ST REPORT CAL.414
  • 21 / Mar / 2012
    • 2ND REPORT CAL.
  • 22 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 29 / Mar / 2012
    • PASSED SENATE
  • 29 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 29 / Mar / 2012
    • REFERRED TO CODES
  • 15 / May / 2012
    • RECALLED FROM ASSEMBLY
  • 15 / May / 2012
    • RETURNED TO SENATE
  • 15 / May / 2012
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 15 / May / 2012
    • AMENDED ON THIRD READING 1414B
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Relates to the consideration of certain factors when determining the issuance of an order of recognizance or bail.

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Bill Details

Versions:
S1414
S1414A
S1414B
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง510.30, CP L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A251C
2009-2010: A754
2007-2008: A747

Sponsor Memo

BILL NUMBER:S1414A

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to the consideration of
certain factors when determining the issuance of an order of
recognizance or bail

PURPOSE:
The bill will help protect more victims of domestic violence by
expanding criminal procedure law section 510.30. The bill will
require the court, when determining recognizance or bail in cases of
domestic violence, to consider certain enumerated factors which could
lead to intimidation or injury by the principal to the victim or
witness.

SUMMARY OF PROVISIONS:
Section one re-letters paragraph (b) as paragraph (c) of subdivision 2
of section 510.30 of the criminal procedure law and adds a new
paragraph (b). This new paragraph requires the court to consider
certain factors when determining recognizance or bail in cases of
domestic violence such as prior acts of violence or threats of
violence, prior orders of protection, prior arrests or convictions
for offenses against family or household members, prior violations of
orders of protection, and access to firearms or a history of firearm
use.

Section two defines the effective date as the first of November
following the date on which it shall become law.

JUSTIFICATION:
Domestic violence is a societal problem of enormous prevalence and
impact. It has been identified by the Surgeon General of the United
States as the number one health problem affecting American women, and
it floods the justice system of New York State as well as the courts
of every other state in the nation.

New York State has been in the forefront of addressing this problem by
passing many progressive laws over the past few decades, including
the mandatory arrest law, the law creating the registry of orders of
protection, an anti-stalking law, and a law requiring judges to
consider evidence of domestic violence in all child custody and
visitation cases. However, one important
area of the law has not been updated to take into account the unique
nature of domestic violence offenses: New York's bail provisions.

As a result, perpetrators of domestic violence offenses are often set
free on low or no bail and thereby allowed to stalk, harm and
sometimes kill their specifically targeted victims. In December 2002,
a perpetrator of domestic violence was released on $1,500 bail by a
city judge in Westchester County after an attempted assault with a
gun on his former girlfriend. Within days after his release on bail,
the perpetrator shot his former girlfriend in the head and killed
himself. As recently as July 2010, a similar tragic incident occurred
in Dutchess County when the perpetrator killed his wife before turning
the gun on himself. This incident occurred only days after his


release on bail, following one month in jail stemming from an
incident of domestic violence.

If judges determining recognizance and bail in domestic violence cases
were required to consider well established risk factors to the victim
such as a history of violence or threats of violence, prior orders of
protection, and the accused's access to guns, many victims and their
children would be spared additional harm and, in some tragic
incidences, their lives.

The bail statute currently does not consider the unique nature of
domestic violence cases. The criminal who commits a street crime
against a stranger, for example, is not likely to target the victim
for additional criminal activity while the case is pending and
afterwards. Precisely the reverse is true for domestic violence
perpetrators, who are highly likely to do so. Those who commit acts
of domestic violence do so to exercise power and control over their
specific victim, with whom they have a relationship. Domestic
violence has a high rate of recidivism, and tends to escalate in
frequency and severity over time. The initiation of a court case
against the perpetrator is a high-risk time for the victim, who is
perceived by the abuser as trying to escape the relationship.
Perpetrators often threaten and harm their victims during the
pendency of the case in order to force them not to cooperate with the
prosecution and to reconcile.

New York law does not allow the bail determination to be used for
"preventive detention," in order to protect the public from a
generalized threat of further criminal activity by an accused.
However, New York law does permit the bail determination to be used
when necessary to protect witnesses to the crime. Domestic violence
cases fall squarely within this rule because the victim of the
offense is the key and some- time the only witness and, as noted
above, is highly likely to be targeted by the perpetrator for further
threats or harm. Thus, in domestic violence cases, it is essential
that the judge determining recognizance or bail consider factors that
indicate a risk of harm to the victim-witness. This bill offers
guidance to judges by specifying factors including prior acts of
violence or threats of violence, prior orders of protection, prior
arrests or convictions for offenses against intimates or family
members, prior violations of orders of protection, and access to
firearms.

Bail reform is necessary to protect the victim-witness of domestic
offenses.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

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

                                 1414--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sens.  SALAND,  BALL,  SAVINO  -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the criminal procedure law, in relation to the consider-
  ation  of certain factors when determining the issuance of an order of
  recognizance or bail

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (b)  of subdivision 2 of section 510.30 of the
criminal procedure law is relettered paragraph (c) and a  new  paragraph
(b) is added to read as follows:
  (B)  WHERE  THE  PRINCIPAL IS CHARGED WITH A CRIME OR CRIMES AGAINST A
MEMBER OR MEMBERS OF THE SAME  FAMILY  OR  HOUSEHOLD  AS  THAT  TERM  IS
DEFINED  IN  SUBDIVISION  ONE OF SECTION 530.11 OF THIS TITLE, THE COURT
MUST, ON THE BASIS OF AVAILABLE  INFORMATION,  CONSIDER  AND  TAKE  INTO
ACCOUNT  THE  DANGER  OF  INTIMIDATION  OR  INJURY BY THE PRINCIPAL TO A
WITNESS IN THE CASE, INCLUDING THE FOLLOWING FACTORS:
  (I) ANY HISTORY OF PRIOR ACTS  OF  VIOLENCE  OR  THREATS  OF  VIOLENCE
AGAINST A WITNESS IN THE PENDING CRIMINAL ACTION; AND
  (II) ANY ORDER OF PROTECTION ISSUED BY ANY COURT AGAINST THE PRINCIPAL
FOR  THE  PROTECTION OF A MEMBER OR MEMBERS OF THE SAME FAMILY OR HOUSE-
HOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE  OF  SECTION  530.11  OF
THIS TITLE, WHETHER OR NOT SUCH ORDER IS CURRENTLY IN EFFECT; AND
  (III)  ANY PRIOR ARREST OR CONVICTION FOR A CRIME OR VIOLATION AGAINST
A MEMBER OR MEMBERS OF THE SAME FAMILY OR  HOUSEHOLD  AS  THAT  TERM  IS
DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE; AND
  (IV)  ANY  VIOLATION  OF  AN  ORDER  OF PROTECTION ISSUED BY ANY COURT
AGAINST THE PRINCIPAL FOR THE PROTECTION OF A MEMBER OR MEMBERS  OF  THE
SAME  FAMILY  OR HOUSEHOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF
SECTION 530.11 OF THIS TITLE; AND
  (V) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF A FIREARM.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05325-03-1

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