senate Bill S4891

Provides that persons arrested for domestic violence forfeit bail when violating an order of protection

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Sponsor

Co-Sponsors

Bill Status


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

  • 30 / Apr / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Provides that persons arrested for domestic violence forfeit bail when violating an order of protection.

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Bill Details

See Assembly Version of this Bill:
A2510
Versions:
S4891
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add ยง510.25, CP L
Versions Introduced in 2011-2012 Legislative Cycle:
A10503, A10503

Sponsor Memo

BILL NUMBER:S4891

TITLE OF BILL: An act to amend the criminal procedure law, in
relation to providing that persons arrested for domestic violence
shall forfeit bail when violating an order of protection

PURPOSE:

This bill would mandate a forfeiture of bail when an order of
protection is violated.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the criminal procedure law to add a new
section, 510.25. This section requires that a domestic violence
offender who violates an order of protection shall forfeit any bail he
or she has posted

JUSTIFICATION:

This bill amends criminal procedure law by putting forth a more
stringent monetary reason not to violate an order of protection.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

Immediately

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

                                  4891

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 30, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- 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  providing
  that  persons  arrested  for domestic violence shall forfeit bail when
  violating an order of protection

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

  Section  1.  The  criminal  procedure  law  is amended by adding a new
section 510.25 to read as follows:
S 510.25  FORFEITURE  OF  BAIL;  WHERE  PERSONS  ARRESTED  FOR  DOMESTIC
           VIOLENCE VIOLATE EXISTING ORDERS OF PROTECTION.
  ANY  INDIVIDUAL ARRESTED FOR AN OFFENSE RELATING TO DOMESTIC VIOLENCE,
AS DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE  SOCIAL  SERVICES
LAW, WHO VIOLATES AN EXISTING ORDER OF PROTECTION ISSUED PURSUANT TO THE
FOLLOWING PROVISIONS OF LAW: SUBDIVISION ONE OF SECTION 530.11, SUBPARA-
GRAPH (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 JURISDICTION IN ANOTHER
STATE, TERRITORIAL OR TRIBAL JURISDICTION, SHALL FORFEIT ANY  BAIL  SUCH
INDIVIDUAL HAS POSTED.
  2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06695-01-3

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