Assembly Bill A2216

2011-2012 Legislative Session

Creates a provision requiring court review of domestic violence bail applications

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2011-A2216 (ACTIVE) - Details

See Senate Version of this Bill:
S829
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §510.25, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10736, S8018
2013-2014: A1439, S2024
2015-2016: A1755, S3183
2017-2018: A1660, S5212
2019-2020: A1892, S2921
2021-2022: A9369, S4145
2023-2024: A3614

2011-A2216 (ACTIVE) - Summary

Requires court review of domestic violence bail applications.

2011-A2216 (ACTIVE) - Bill Text download pdf

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

                                  2216

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2011
                               ___________

Introduced by M. of A. ZEBROWSKI, CAHILL, REILLY, GABRYSZAK, SCHIMMINGER
  --  Multi-Sponsored  by  --  M. of A. DESTITO, GLICK, MARKEY, MILLMAN,
  PHEFFER -- read once and referred 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. 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.

              

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