Senate Bill S1401

                                 BILL NUMBER:  S1401

 TITLE OF BILL :
An act to amend the criminal procedure law, in relation to enacting
criteria controlling determination of grant of recognizance or bail


 PURPOSE :
To give the courts to consider a broader scope of criteria when they
are ordering bail for a defendant.

 SUMMARY OF PROVISIONS :
Section 1 states that this law shall be known as Jilly's Law.

Section 2 amends the criminal procedure law to allow for the court to
consider a greater number of facts when setting bail.  Paragraph a is
amended to include language that would allow the courts to consider
whether the individual is a danger to the alleged victim, members of
the community, or themselves when setting bail.  Amends subparagraph
(i) to allow the court to consider prior threats of or attempts of
suicide.  Also amends subparagraph (vi) to allow the court to consider
any record of violations of court orders.  Adds a subparagraph (ix)
that the court may consider any history or pattern of threats or
violent acts against the alleged victim, or toward others.
Subparagraph (x) allows for any records of protection that were
previously issued against the individual, or are currently in effect
              

be considered.  Subparagraph (xi) allows for the violent nature of the
charged crime to be considered, as well as the impact the crime has
had on the alleged victim's family.  Subparagraph (xii) states that
any other factor deemed to be relevant by the court under the
circumstances of the case be considered.

Section 3 adds a subdivision 4 that states that the court may in its
discretion order the defendant to use an electronic monitoring device
after consideration of the factors specified in paragraph a and that
tampering with the device shall constitute grounds for revocation of
bail.

Section 4 also adds a subdivision 5 that states that the court may in
its discretion deny bail if there is substantial evidence to support
the charge and if the court finds clear and convincing evidence that
the defendant is not reasonably likely to appear in the court when
required, or that the alleged defendant is a danger to the allege
victim, members of the community or themselves.  This section also
states that if bail is denied, the court must place its reasons on the
record.

 JUSTIFICATION :
Currently under New York law, the only factor courts are permitted to
consider when setting bail is whether a person charged with a crime
will appear in court. This likelihood is based solely on ties to the
community, and the likelihood that individual might flee because of
the severity of charges brought against them. To that end, courts may
consider such factors as the defendant's reputation, criminal record,
and whether he or she has previously failed to appear in court. There
is no provision that permits the court to consider the safety of the
victim, the nature of the offense, or the impact of the offense on the
victim, witnesses, or the victim's family members when determining
whether to set bail at all and, if so, in what amount.

New York courts should be permitted to consider such circumstances
when setting bail, especially in domestic violence cases where the
offender is likely to repeat his or her behavior and ignore
restraining orders.  An alarming number of women are killed, or
attacked in the United States and New York each year by people they
have been intimate with. In the United States 32.1 % of all the female
murder victims in the country were killed by their husbands or
boyfriends. In New York in 2002, 194 women were killed, out of those
66 or 34% were murdered by a spouse, "common law" spouse, or a sexual,
or ex-sexual partner.

No case in recent New York history illustrates the need for an amended
bail statute more than  PEOPLE V JAMES F. "JEFF" CAHILL : In this case
Jeff Cahill had viciously attacked his wife Jill with a baseball bat,
striking her more then seven times and nearly killing her because Jill
was divorcing him. While out on bail for this attack, Jill had
requested and been granted an order of protection against Cahill which
required him to stay away from Jill and their children. Shortly after
his release Cahill began to research ways to poison his wife and
eventually was able to secure some potassium cyanide by posing as an
employee at a local company. A week before he would murder his wife,
Cahill was caught posing as hospital staff in Jill's room. On October
27, 1998 Cahill returned dressed as a janitor and poisoned and killed
Jill.

If the court that set bail for Cahill after the baseball bat assault
had been permitted to consider the brutal nature of his attack, the
resulting injuries, and Jill's safety against future acts of violence
by Cahill, Jill might be alive today.

Instead, both the pre and post indictment courts were permitted to
apply only the consideration currently addressed by New York State
law, whether the defendant is likely to appear in court. Such a
limited approach did not protect Jill, and does nothing to protect
other individuals in these situations.

 LEGISLATIVE HISTORY :
S.112/A.777 of 2007/2008; Passed Senate
S.1160/A.275 of 2005/2006; Passed Senate.
S.6513/A.10267 of 2003/2004; Passed Senate

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.