senate Bill S1414B

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

See Assembly Version of this Bill:
A251C
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, A754
2007-2008: A747, A747

Sponsor Memo

BILL NUMBER:S1414B

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 renumbers subparagraphs (vii) and (viii) as subparagraph
(viii) of paragraph (a) of subdivision 2 of section 510.30 of the
criminal procedure law and adds a new subparagraph (vii). This new
paragraph requires the court to consider certain factors when
determining recognizance or bail in cases of domestic violence such
as, prior violations of orders of protection and access to firearms
or a history of firearm use.

Section two defines the effective date as the sixtieth day 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 prior violations of an order 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.

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

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

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

                                 1414--B
    Cal. No. 414

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sens.  SALAND, BALL, GOLDEN, OPPENHEIMER, 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 --  recommitted
  to  the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered to a third reading, passed by Senate and delivered to
  the Assembly, recalled, vote reconsidered, restored to third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

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. Subparagraphs (vii) and (viii) of paragraph (a) of subdivi-
sion 2 of section 510.30 of the criminal procedure law, as renumbered by
chapter 447 of the laws of 1977, are renumbered subparagraphs (viii) and
(ix) and a new subparagraph (vii) is added to read as follows:
  (VII) 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  FOLLOW-
ING FACTORS:
  (A) ANY VIOLATION BY THE PRINCIPAL OF AN ORDER OF PROTECTION ISSUED BY
ANY  COURT  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,  WHETHER  OR  NOT  SUCH  ORDER OF PROTECTION IS
CURRENTLY IN EFFECT; AND
  (B) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF A FIREARM; AND
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05325-04-2

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