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Assembly Bill A4487

2009-2010 Legislative Session

Extends protections to victims of domestic violence

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Archive: Last Bill Status - In Assembly Committee

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2009-A4487 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง510.30, CP L

2009-A4487 (ACTIVE) - Summary

Extends protections to victims of domestic violence by providing for the court to consider certain factors before granting a temporary order of protection and bail.

2009-A4487 (ACTIVE) - Bill Text download pdf 

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

                                  4487

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by  M. of A. ESPAILLAT, SCHIMMINGER, HOOPER, BENJAMIN, KOON,
  PEOPLES, SCARBOROUGH, DelMONTE, EDDINGTON, ZEBROWSKI, COOK  --  Multi-
  Sponsored  by -- M. of A. ALFANO, BARRA, BOYLAND, BRENNAN, DIAZ, JOHN,
  PHEFFER, N. RIVERA, WRIGHT -- read once and referred to the  Committee
  on Codes

AN ACT to amend the criminal procedure law, in relation to considering a
  victim's safety in bail determinations

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

  Section 1. Subdivision 2 of section 510.30 of the  criminal  procedure
law is amended by adding a new paragraph (c) to read as follows:
  (C)  WHERE  THE PRINCIPAL IS CHARGED IN A MATTER FOR WHICH A TEMPORARY
ORDER OF PROTECTION WAS ISSUED AGAINST HIM OR HER  PURSUANT  TO  SECTION
530.12  OR SECTION 530.13 OF THIS TITLE, THE COURT MUST, ON THE BASIS OF
AVAILABLE INFORMATION, CONSIDER AND  TAKE  INTO  ACCOUNT  THE  FOLLOWING
FACTORS  TO  ASSURE  THE SAFETY OF THE PERSON PROTECTED BY THE TEMPORARY
ORDER OF PROTECTION:
  (I) ANY HISTORY OF PRIOR ACTS OF VIOLENCE OR THREATS OF VIOLENCE;
  (II) ANY RECORD OF ANY  ORDERS  OF  PROTECTION  THAT  WERE  PREVIOUSLY
ISSUED  AGAINST  THE  PRINCIPAL,  OR ARE CURRENTLY IN EFFECT AGAINST THE
PRINCIPAL;
  (III) ANY RECORD OF ANY VIOLATION OF AN ORDER OF PROTECTION  THAT  WAS
PREVIOUSLY ISSUED OR IS CURRENTLY ISSUED AGAINST THE PRINCIPAL;
  (IV)  ANY RECORD OF PRIOR CONVICTIONS FOR CRIMES AGAINST THE COMPLAIN-
ANT BY THE PRINCIPAL; AND
  (V) ANY OTHER FACTOR DEEMED TO BE RELEVANT  BY  THE  COURT  UNDER  THE
CIRCUMSTANCES OF THE CASE.
  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.
                                                           LBD07540-01-9

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