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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Jul 26, 2010 |
print number 8018a |
| Jul 26, 2010 |
amend and recommit to codes |
| Jun 01, 2010 |
referred to codes |
Senate Bill S8018
2009-2010 Legislative Session
Sponsored By
(D) 11th Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2009-S8018 - Details
2009-S8018 - Sponsor Memo
BILL NUMBER:S8018
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 bill will create a provision requiring domestic violence defendants
to appear before a judge prior to release on bail.
SUMMARY OF PROVISIONS:
Section 1 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
2009-S8018 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8018
I N S E N A T E
June 1, 2010
___________
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. 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, 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; 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 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16599-01-0
2009-S8018A (ACTIVE) - Details
2009-S8018A (ACTIVE) - Sponsor Memo
BILL NUMBER:S8018A Revised 7/23/10
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 1 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
2009-S8018A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8018--A
I N S E N A T E
June 1, 2010
___________
Introduced by Sen. STAVISKY -- 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 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
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