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Assembly Bill A754

2009-2010 Legislative Session

Directs the court to consider certain factors when determining the issuance of an order for recognizance or bail

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Archive: Last Bill Status - In Assembly Committee

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2009-A754 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง510.30, CP L
Versions Introduced in 2011-2012 Legislative Session:
A251

2009-A754 (ACTIVE) - Summary

Directs the court to consider certain factors when determining the issuance of an order for recognizance or bail where a principal is charged with a crime against a family or household member, in matters where the court has discretion; and directs the court to consider the danger of intimidation or injury by the principal to a witness.

2009-A754 (ACTIVE) - Bill Text download pdf 

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

                                   754

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  PAULIN,  DINOWITZ, EDDINGTON, PHEFFER, HOYT,
  CAHILL, SCHIMMINGER, CLARK, ROSENTHAL,  CHRISTENSEN,  JOHN  --  Multi-
  Sponsored  by  -- M. of A. ALFANO, AUBRY, BARRA, CYMBROWITZ, DelMONTE,
  GABRYSZAK, GALEF, HOOPER, HYER-SPENCER, KOON,  MAGNARELLI,  MAYERSOHN,
  PERRY,  SWEENEY,  WALKER,  WEISENBERG -- read once and referred to the
  Committee on Codes

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
FAMILY OR HOUSEHOLD MEMBER OR INTIMATE OR FORMERLY INTIMATE PARTNER, 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 OR PROTECTION ISSUED BY ANY COURT AGAINST THE PRINCIPAL
FOR THE PROTECTION OF A  FAMILY  OR  HOUSEHOLD  MEMBER  OR  INTIMATE  OR
FORMERLY  INTIMATE  PARTNER,  WHETHER  OR NOT SUCH ORDER IS CURRENTLY IN
EFFECT; AND
  (III) ANY PRIOR ARREST OR CONVICTION FOR A CRIME OR VIOLATION  AGAINST
A  FAMILY  OR HOUSEHOLD MEMBER OR INTIMATE OR FORMERLY INTIMATE PARTNER;
AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01803-01-9

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