Senate Bill S1805

2009-2010 Legislative Session

Requires committing to custody of sheriff a person against whom a verified statement has been filed alleging the intimidation of a victim or a witness while on bail

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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

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2009-S1805 (ACTIVE) - Details

See Assembly Version of this Bill:
A8655
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §530.60, CP L
Versions Introduced in 2011-2012 Legislative Session:
S2930

2009-S1805 (ACTIVE) - Summary

Requires the incarceration of a defendant, pending a bail revocation hearing, upon filing of a statement alleging the intimidation of a victim or witness while such defendant was at liberty on bail; requires revocation hearing within 72 hours.

2009-S1805 (ACTIVE) - Sponsor Memo

2009-S1805 (ACTIVE) - Bill Text download pdf 

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

                                  1805

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by  Sens. O. JOHNSON, ALESI, MAZIARZ, SKELOS, VOLKER -- 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
  certain persons be committed to the custody of the sheriff  pending  a
  hearing on revocation of bail

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

  Section 1. Paragraph (c) of subdivision 2 of  section  530.60  of  the
criminal  procedure law, as added by chapter 788 of the laws of 1981, is
amended to read as follows:
  (c) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
sion  a  defendant, against whom a felony complaint has been filed which
charges the defendant with commission of a class  A  or  violent  felony
offense  committed  while he OR SHE was at liberty as specified therein,
[may] OR AGAINST WHOM A VERIFIED STATEMENT HAS BEEN FILED WHICH  ALLEGES
THAT  THE  DEFENDANT HAS INTIMIDATED A VICTIM OR WITNESS IN VIOLATION OF
SECTION 215.15, 215.16 OR 215.17 OF THE  PENAL  LAW  WHILE  AT  LIBERTY,
UNLESS  THE COURT SHALL OTHERWISE MAKE A FINDING ON THE RECORD, SHALL be
committed to the custody of the sheriff pending a revocation hearing for
a period not to exceed seventy-two hours. An additional  period  not  to
exceed seventy-two hours may be granted by the court upon application of
the  district attorney upon a showing of good cause or where the failure
to commence the hearing was due to the defendant's request  or  occurred
with  his  consent. Such good cause must consist of some compelling fact
or circumstance  which  precluded  conducting  the  hearing  within  the
initial prescribed period.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06108-01-9

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