NY State Senate Bill 2009-S5552

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
May 15, 2009	referred to codes

co-Sponsors

2009-S5552 (ACTIVE) - Details

See Assembly Version of this Bill:: A2022
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§140.20, 140.27, 1.20 & 150.20, CP L; add §215.85, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5940
2013-2014: A2616

2009-S5552 (ACTIVE) - Summary

Mandates arraignments for all felony and misdemeanor family offenses; amends criminal procedure law to mandate that persons arrested for family offenses as defined in section 530.11 of such law, must be arraigned in criminal court; adds new section 215.85 to the penal law, relating to failure to comply with a family offense appearance ticket.

2009-S5552 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5552

 TITLE OF BILL :
An act to amend the criminal procedure law and the penal law, in
relation to the issuance of family offense appearance tickets for
family offenses

 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this measure is to protect accuser-victims of family
offenses from retaliation by their alleged attackers.

 SUMMARY OF SPECIFIC PROVISIONS :
Section one of this measure amends subdivisions 2 and 3 of § 140.20 of
the Criminal Procedure Law, to include arrests made pursuant to family
offenses as defined in § 530.11 of the Criminal Procedure Law. Section
one also adds a new 3-a to this section, which requires the issuance
of a "family offense appearance ticket" when an appearance ticket is
issued after an arrest for family offenses as defined in § 530.11 of
the Criminal Procedure Law.  Section two of the measure makes similar
amendments to subdivisions 3 and 4 of § 140.27 of the Criminal
Procedure Law.  Section three of the bill adds a new subdivision 44 to
§ 1.20 of the Criminal Procedure Law, defining "family offense
appearance ticket" as an appearance ticket which directs the subject
not to have contact with the complaining witness prior to their
appearance in court.  Section four of the bill amends subdivision one
of § 150.20 of the Criminal Procedure Law, to provide that if an

appearance ticket is issued for a family offense, it shall be in the
form of a "family offense appearance ticket." Section five of the
measure adds a new section 215.85 of the Penal Law, establishing the
penalties for failure to comply with a "family offense appearance
ticket." Failure to appear personally on the return date or within
thirty days after is a violation. Failure to comply with the direction
not to have contact with the complaining witness is a class B
misdemeanor.

 JUSTIFICATION :
Under current State law, a person arrested for a domestic violence
offense does not face a mandatory arraignment for committing such
offense. Instead, a police officer may issue and serve an appearance
ticket upon the arrested person and release him from custody.

While the State's domestic violence laws mandate arrests for all
felony and misdemeanor domestic violence cases, they do not mandate an
immediate arraignment for every misdemeanor or felony family offense
arrest. Without a mandatory arraignment policy, victims have no way of
protecting themselves. They can't obtain an order of protection until
an arraignment is made, which can, often times take weeks. In the
meantime, victims are left vulnerable to further instances of abuse.

A case in Henrietta, New York, highlighted the existing loophole in
domestic violence law designed to protect victims of domestic abuse.
On the evening of February 23, 1999, a Henrietta man tipped a table on
his 77 year-old father, struck him in the head and body with an
umbrella, and threw things at him. When deputies arrived on the scene,
they arrested the 49 year-old man and charged him with 3rd degree
menacing. Third degree menacing is listed as a mandatory arrest under
New York State's domestic violence laws.  However, when deputies
called a local town justice, he chose not to arraign the man and
instructed deputies to issue an appearance ticket. The man was then
released from custody.

This legislation would close the existing loophole by mandating the
issuance of a ~family offense appearance ticket~ for all domestic
violence offenses where an appearance ticket is issued. The issuance
of such an appearance ticket would forbid contact between the alleged
violators and their victims prior to their arraignment, essentially
serving the purpose of an order of protection until one can be made
upon their arraignment.

 LEGISLATIVE HISTORY :
A.1587 of 2003-04: Referred to Codes; A.3757 of 2005-06: Referred to
Codes; A.6074 of 2007-08: Referred to Codes

 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 law.

2009-S5552 (ACTIVE) - Bill Text download pdf

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

                                  5552

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 15, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Codes

AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
  relation  to  the  issuance  of  family offense appearance tickets for
  family offenses

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

  Section  1.  Subdivisions  2  and  3 of section 140.20 of the criminal
procedure law, as amended by chapter  550  of  the  laws  of  1987,  are
amended and a new subdivision 3-a is added to read as follows:
  2.  If  the  arrest  is for an offense other than a class A, B, C or D
felony or a violation of section 130.25, 130.40, 205.10, 205.17,  205.19
or  215.56 of the penal law OR A FAMILY OFFENSE AS DESCRIBED IN SUBDIVI-
SION ONE OF SECTION 530.11 OF THIS CHAPTER, the arrested person need not
be brought before a local criminal court as provided in subdivision  one
OF THIS SECTION, and the procedure may instead be as follows:
  (a) A police officer may issue and serve an appearance ticket upon the
arrested  person  and  release him OR HER from custody, as prescribed in
subdivision two of section 150.20 OF THIS TITLE; or
  (b) The desk officer in charge at a police  station,  county  jail  or
police  headquarters,  or  any  of his OR HER superior officers, may, in
such place fix pre-arraignment bail and, upon deposit thereof, issue and
serve an appearance ticket upon the arrested person and release  him  OR
HER from custody, as prescribed in section 150.30 OF THIS TITLE.
  3. If (a) the arrest is for an offense other than a class A, B, C or D
felony  or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
or 215.56 of the penal law OR A FAMILY OFFENSE AS DESCRIBED IN  SUBDIVI-
SION  ONE  OF  SECTION 530.11 OF THIS CHAPTER, and (b) owing to unavail-
ability of a local criminal court the arresting police officer is unable
to bring the arrested person before such a court with reasonable prompt-
ness, either an appearance ticket must be  served  unconditionally  upon

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04718-01-9

S. 5552                             2

the arrested person or pre-arraignment bail must be fixed, as prescribed
in  subdivision  two  OF THIS SECTION.  If pre-arraignment bail is fixed
but not posted, such arrested person may be temporarily held in  custody
but  must  be  brought before a local criminal court without unnecessary
delay.  Nothing contained in this subdivision requires a police  officer
to  serve an appearance ticket upon an arrested person or release him OR
HER from custody at a time when such person  appears  to  be  under  the
influence  of alcohol, narcotics or other drug to the degree that he may
endanger himself, HERSELF or other persons.
  3-A. IF THE ARREST IS MADE FOR A FAMILY OFFENSE AS DESCRIBED IN SUBDI-
VISION ONE OF SECTION 530.11 OF THIS CHAPTER AND AN APPEARANCE TICKET IS
ISSUED, THE APPEARANCE TICKET SHALL BE IN THE FORM OF A  FAMILY  OFFENSE
APPEARANCE  TICKET  AS DEFINED IN SUBDIVISION FORTY-FOUR OF SECTION 1.20
OF THIS CHAPTER.
  S 2. Subdivisions 3 and 4 of section 140.27 of the criminal  procedure
law,  as amended by chapter 550 of the laws of 1987, are amended to read
as follows:
  3. If (a) the arrest is for an offense other than a class A, B, C or D
felony or a violation of section 130.25, 130.40, 205.10, 205.17,  205.19
or  215.56 of the penal law OR A FAMILY OFFENSE AS DESCRIBED IN SUBDIVI-
SION ONE OF SECTION 530.11 OF THIS CHAPTER and (b) owing to unavailabil-
ity of a local criminal court such peace officer is unable to  bring  or
cause the arrested person to be brought before such a court with reason-
able  promptness,  the arrested person must be brought to an appropriate
police station, county jail or police headquarters where he OR SHE  must
be  dealt  with in the manner prescribed in subdivision three OR THREE-A
of section 140.20 OF THIS ARTICLE, as if he OR SHE had been arrested  by
a police officer.
  4.  If  the  arrest  is for an offense other than a class A, B, C or D
felony or a violation of section 130.25, 130.40, 205.10, 205.17,  205.19
or  215.56 of the penal law OR A FAMILY OFFENSE AS DESCRIBED IN SUBDIVI-
SION ONE OF SECTION 530.11 OF THIS CHAPTER, the arrested person need not
be brought before a local criminal court as provided in subdivision  two
OF THIS SECTION, and the procedure may instead be as follows:
  (a)  The arresting peace officer, where he OR SHE is specially author-
ized by law to issue and serve an appearance ticket, may issue and serve
an appearance ticket upon the arrested person and  release  him  OR  HER
from custody; [or]
  (b)  The  arresting  peace  officer,  where he OR SHE is not specially
authorized by law to issue and serve an appearance  ticket,  may  enlist
the  aid  of  a  police  officer and request that such officer issue and
serve an appearance ticket upon the arrested person, and upon such issu-
ance and service the latter must be released from custody[.]; OR
  (C) IF THE ARREST IS MADE FOR A FAMILY OFFENSE AS DESCRIBED IN  SUBDI-
VISION ONE OF SECTION 530.11 OF THIS CHAPTER AND AN APPEARANCE TICKET IS
ISSUED,  THE  APPEARANCE TICKET SHALL BE IN THE FORM OF A FAMILY OFFENSE
APPEARANCE TICKET AS DEFINED IN SUBDIVISION FORTY-FOUR OF  SECTION  1.20
OF THIS CHAPTER.
  S 3. Section 1.20 of the criminal procedure law is amended by adding a
new subdivision 44 to read as follows:
  44.  "FAMILY OFFENSE APPEARANCE TICKET" IS AN APPEARANCE TICKET ISSUED
TO  A  PERSON  ALLEGING  HIS  OR  HER COMMISSION OF A FAMILY OFFENSE, AS
DESCRIBED IN SUBDIVISION ONE OF SECTION 530.11 OF  THIS  CHAPTER,  WHICH
CONTAINS  A  DIRECTION  TO  SUCH  PERSON  NOT  TO  HAVE CONTACT WITH THE
COMPLAINING WITNESS PRIOR TO HIS OR HER APPEARANCE IN COURT.

S. 5552                             3

  S 4. Subdivision 1 of section 150.20 of the criminal procedure law, as
amended by chapter 550 of the laws  of  1987,  is  amended  to  read  as
follows:
  1.  Whenever a police officer is authorized pursuant to section 140.10
OF THIS PART to arrest a person without a warrant for an  offense  other
than  a  class  A,  B,  C  or D felony or a violation of section 130.25,
130.40, 205.10, 205.17, 205.19 or 215.56 of the penal  law,  he  OR  SHE
may, subject to the provisions of subdivisions three and four of section
150.40  OF  THIS ARTICLE, instead issue to and serve upon such person an
appearance ticket, PROVIDED HOWEVER, THAT IF THE  APPEARANCE  TICKET  IS
ISSUED  FOR  A FAMILY OFFENSE AS DESCRIBED IN SUBDIVISION ONE OF SECTION
530.11 OF THIS CHAPTER, THE APPEARANCE TICKET SHALL BE IN THE FORM OF  A
FAMILY OFFENSE APPEARANCE TICKET AS DEFINED IN SUBDIVISION FORTY-FOUR OF
SECTION 1.20 OF THIS CHAPTER.
  S  5.  The penal law is amended by adding a new section 215.85 to read
as follows:
S 215.85 FAILING TO COMPLY WITH A FAMILY OFFENSE APPEARANCE TICKET.
  1. A PERSON IS GUILTY OF FAILING  TO  COMPLY  WITH  A  FAMILY  OFFENSE
APPEARANCE  TICKET  WHEN,  HAVING  BEEN  PERSONALLY SERVED WITH A FAMILY
OFFENSE APPEARANCE  TICKET,  AS  DEFINED  IN  SUBDIVISION  TWO  OF  THIS
SECTION,  BASED  UPON HIS OR HER ALLEGED COMMISSION OF A FAMILY OFFENSE,
HE OR SHE EITHER:
  (A) DOES NOT APPEAR PERSONALLY IN  THE  COURT  IN  WHICH  SUCH  FAMILY
OFFENSE  APPEARANCE  TICKET  IS RETURNABLE ON THE RETURN DATE THEREOF OR
VOLUNTARILY WITHIN THIRTY DAYS THEREAFTER; OR
  (B) INTENTIONALLY FAILS TO COMPLY WITH THE DIRECTION CONTAINED IN  THE
FAMILY  COURT APPEARANCE TICKET NOT TO HAVE CONTACT WITH THE COMPLAINING
WITNESS PRIOR TO HIS OR HER APPEARANCE IN COURT.
  2. AS USED IN THIS SECTION, A FAMILY OFFENSE APPEARANCE TICKET MEANS A
WRITTEN NOTICE, WHETHER REFERRED TO AS A SUMMONS OR BY ANY  OTHER  NAME,
ISSUED  BY  A POLICE OFFICER, PEACE OFFICER OR OTHER NON-JUDICIAL PUBLIC
SERVANT AUTHORIZED BY LAW TO ISSUE  THE  SAME,  DIRECTING  A  DESIGNATED
PERSON  TO  APPEAR  IN A DESIGNATED COURT AT A DESIGNATED FUTURE TIME IN
CONNECTION WITH A CRIMINAL ACTION TO BE INSTITUTED IN  SUCH  COURT  WITH
RESPECT  TO  HIS  OR  HER  ALLEGED  COMMISSION  OF  A  FAMILY OFFENSE AS
DESCRIBED IN SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE
LAW, AND FURTHER DIRECTING SUCH PERSON NOT  TO  HAVE  CONTACT  WITH  THE
COMPLAINING WITNESS PRIOR TO HIS OR HER APPEARANCE IN COURT.
  FAILING  TO  COMPLY  WITH  PARAGRAPH  (A)  OF  SUBDIVISION ONE OF THIS
SECTION IS A VIOLATION. FAILING TO COMPLY WITH PARAGRAPH (B) OF SUBDIVI-
SION ONE OF THIS SECTION IS A CLASS B MISDEMEANOR.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S5552

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2009-S5552 (ACTIVE) - Details

2009-S5552 (ACTIVE) - Summary

2009-S5552 (ACTIVE) - Sponsor Memo

2009-S5552 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5552

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Sponsored By

Suzi Oppenheimer

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Liz Krueger

2009-S5552 (ACTIVE) - Details

2009-S5552 (ACTIVE) - Summary

2009-S5552 (ACTIVE) - Sponsor Memo

2009-S5552 (ACTIVE) - Bill Text download pdf

Comments