Assembly Bill A251

2011-2012 Legislative Session

Relates to the consideration of certain factors when determining the issuance of an order of recognizance or bail

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2011-A251 - Details

Current Committee:
Assembly Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §510.30, CP L
Versions Introduced in 2009-2010 Legislative Session:
A754

2011-A251 - Summary

Relates to the consideration of certain factors when determining the issuance of an order of recognizance or bail.

2011-A251 - Bill Text download pdf 

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

                                   251

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. PAULIN, DINOWITZ, PHEFFER, HOYT, CAHILL, SCHIM-
  MINGER, CLARK, ROSENTHAL -- Multi-Sponsored by  --  M.  of  A.  AUBRY,
  CYMBROWITZ,  GABRYSZAK,  GALEF,  HOOPER, MAGNARELLI, MAYERSOHN, PERRY,
  SWEENEY, WEISENBERG -- read once and  referred  to  the  Committee  on
  Codes

AN ACT to amend the criminal procedure law, in relation to the consider-
  ation  of certain factors when determining the issuance of an order of
  recognizance or bail

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

  Section  1.  Paragraph  (b)  of subdivision 2 of section 510.30 of the
criminal procedure law is relettered paragraph (c) and a  new  paragraph
(b) is added to read as follows:
  (B)  WHERE  THE  PRINCIPAL IS CHARGED WITH A CRIME OR CRIMES AGAINST A
FAMILY OR HOUSEHOLD MEMBER OR INTIMATE OR FORMERLY INTIMATE PARTNER, THE
COURT MUST, ON THE BASIS OF AVAILABLE  INFORMATION,  CONSIDER  AND  TAKE
INTO  ACCOUNT THE DANGER OF INTIMIDATION OR INJURY BY THE PRINCIPAL TO A
WITNESS IN THE CASE, INCLUDING THE FOLLOWING FACTORS:
  (I) ANY HISTORY OF PRIOR ACTS  OF  VIOLENCE  OR  THREATS  OF  VIOLENCE
AGAINST A WITNESS IN THE PENDING CRIMINAL ACTION; AND
  (II) ANY ORDER OR PROTECTION ISSUED BY ANY COURT AGAINST THE PRINCIPAL
FOR  THE  PROTECTION  OF  A  FAMILY  OR  HOUSEHOLD MEMBER OR INTIMATE OR
FORMERLY INTIMATE PARTNER, WHETHER OR NOT SUCH  ORDER  IS  CURRENTLY  IN
EFFECT; AND
  (III)  ANY PRIOR ARREST OR CONVICTION FOR A CRIME OR VIOLATION AGAINST
A FAMILY OR HOUSEHOLD MEMBER OR INTIMATE OR FORMERLY  INTIMATE  PARTNER;
AND
  (IV)  ANY  VIOLATION  OF  AN  ORDER  OF PROTECTION ISSUED BY ANY COURT
AGAINST THE PRINCIPAL FOR THE PROTECTION OF A FAMILY OR HOUSEHOLD MEMBER
OR INTIMATE OR FORMERLY INTIMATE PARTNER; AND
  (V) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF A FIREARM.
  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.

co-Sponsors

multi-Sponsors

2011-A251A - Details

Current Committee:
Assembly Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §510.30, CP L
Versions Introduced in 2009-2010 Legislative Session:
A754

2011-A251A - Summary

Relates to the consideration of certain factors when determining the issuance of an order of recognizance or bail.

2011-A251A - Bill Text download pdf 

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

                                 251--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. PAULIN, DINOWITZ, PHEFFER, HOYT, CAHILL, SCHIM-
  MINGER, CLARK, ROSENTHAL -- Multi-Sponsored by  --  M.  of  A.  AUBRY,
  CYMBROWITZ,  GABRYSZAK,  GALEF,  HOOPER, MAGNARELLI, MAYERSOHN, PERRY,
  SWEENEY, WEISENBERG -- read once and  referred  to  the  Committee  on
  Codes  --  committee  discharged,  bill  amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the criminal procedure law, in relation to the consider-
  ation of certain factors when determining the issuance of an order  of
  recognizance or bail

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

  Section 1. Paragraph (b) of subdivision 2 of  section  510.30  of  the
criminal  procedure  law is relettered paragraph (c) and a new paragraph
(b) is added to read as follows:
  (B) WHERE THE PRINCIPAL IS CHARGED WITH A CRIME OR  CRIMES  AGAINST  A
FAMILY OR HOUSEHOLD MEMBER OR INTIMATE OR FORMERLY INTIMATE PARTNER, THE
COURT  MUST,  ON  THE  BASIS OF AVAILABLE INFORMATION, CONSIDER AND TAKE
INTO ACCOUNT THE DANGER OF INTIMIDATION OR INJURY BY THE PRINCIPAL TO  A
WITNESS IN THE CASE, INCLUDING THE FOLLOWING FACTORS:
  (I)  ANY  HISTORY  OF  PRIOR  ACTS  OF VIOLENCE OR THREATS OF VIOLENCE
AGAINST A WITNESS IN THE PENDING CRIMINAL ACTION; AND
  (II) ANY ORDER OF PROTECTION ISSUED BY ANY COURT AGAINST THE PRINCIPAL
FOR THE PROTECTION OF A  FAMILY  OR  HOUSEHOLD  MEMBER  OR  INTIMATE  OR
FORMERLY  INTIMATE  PARTNER,  WHETHER  OR NOT SUCH ORDER IS CURRENTLY IN
EFFECT; AND
  (III) ANY PRIOR ARREST OR CONVICTION FOR A CRIME OR VIOLATION  AGAINST
A  FAMILY  OR HOUSEHOLD MEMBER OR INTIMATE OR FORMERLY INTIMATE PARTNER;
AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00827-02-1

co-Sponsors

multi-Sponsors

2011-A251B - Details

Current Committee:
Assembly Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §510.30, CP L
Versions Introduced in 2009-2010 Legislative Session:
A754

2011-A251B - Summary

Relates to the consideration of certain factors when determining the issuance of an order of recognizance or bail.

2011-A251B - Bill Text download pdf 

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

                                 251--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A. PAULIN, DINOWITZ, CAHILL, SCHIMMINGER, CLARK,
  ROSENTHAL -- Multi-Sponsored by -- M. of A. AUBRY, CURRAN, CYMBROWITZ,
  GABRYSZAK, GALEF, HOOPER, MAGNARELLI, PERRY,  SWEENEY,  WEISENBERG  --
  read  once  and  referred  to  the  Committee  on  Codes  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the criminal procedure law, in relation to the consider-
  ation  of certain factors when determining the issuance of an order of
  recognizance or bail

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

  Section  1.  Paragraph  (b)  of subdivision 2 of section 510.30 of the
criminal procedure law is relettered paragraph (c) and a  new  paragraph
(b) is added to read as follows:
  (B)  WHERE  THE  PRINCIPAL IS CHARGED WITH A CRIME OR CRIMES AGAINST A
MEMBER OR MEMBERS OF THE SAME  FAMILY  OR  HOUSEHOLD  AS  THAT  TERM  IS
DEFINED  IN  SUBDIVISION  ONE OF SECTION 530.11 OF THIS TITLE, THE COURT
MUST, ON THE BASIS OF AVAILABLE  INFORMATION,  CONSIDER  AND  TAKE  INTO
ACCOUNT  THE  DANGER  OF  INTIMIDATION  OR  INJURY BY THE PRINCIPAL TO A
WITNESS IN THE CASE, INCLUDING THE FOLLOWING FACTORS:
  (I) ANY HISTORY OF PRIOR ACTS  OF  VIOLENCE  OR  THREATS  OF  VIOLENCE
AGAINST A WITNESS IN THE PENDING CRIMINAL ACTION; AND
  (II) ANY ORDER OF PROTECTION ISSUED BY ANY COURT AGAINST THE PRINCIPAL
FOR  THE  PROTECTION OF A MEMBER OR MEMBERS OF THE SAME FAMILY OR HOUSE-
HOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE  OF  SECTION  530.11  OF
THIS TITLE, WHETHER OR NOT SUCH ORDER IS CURRENTLY IN EFFECT; AND
  (III)  ANY PRIOR ARREST OR CONVICTION FOR A CRIME OR VIOLATION AGAINST
A MEMBER OR MEMBERS OF THE SAME FAMILY OR  HOUSEHOLD  AS  THAT  TERM  IS
DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE; AND

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

co-Sponsors

multi-Sponsors

2011-A251C (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §510.30, CP L
Versions Introduced in 2009-2010 Legislative Session:
A754

2011-A251C (ACTIVE) - Summary

Relates to the consideration of certain factors when determining the issuance of an order of recognizance or bail.

2011-A251C (ACTIVE) - Bill Text download pdf 

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

                                 251--C

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  PAULIN, LENTOL, WEINSTEIN, DINOWITZ, CAHILL,
  SCHIMMINGER, CLARK, ROSENTHAL, SKARTADOS, PRETLOW, ZEBROWSKI,  LAVINE,
  MONTESANO  --  Multi-Sponsored  by  --  M. of A. AUBRY, BRENNAN, COOK,
  CURRAN, CYMBROWITZ, GABRYSZAK, GALEF, GIGLIO, HOOPER, LANCMAN, MAGNAR-
  ELLI, PERRY, RA, SWEENEY, WEISENBERG -- read once and referred to  the
  Committee  on  Codes  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said committee -- recommitted to the Committee on Codes in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the criminal procedure law, in relation to the consider-
  ation of certain factors when determining the issuance of an order  of
  recognizance or bail

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

  Section 1. Subparagraphs (vii) and (viii) of paragraph (a) of subdivi-
sion 2 of section 510.30 of the criminal procedure law, as renumbered by
chapter 447 of the laws of 1977, are renumbered subparagraphs (viii) and
(ix) and a new subparagraph (vii) is added to read as follows:
  (VII) WHERE THE PRINCIPAL IS CHARGED WITH A CRIME OR CRIMES AGAINST  A
MEMBER  OR  MEMBERS  OF  THE  SAME  FAMILY  OR HOUSEHOLD AS THAT TERM IS
DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE, THE  FOLLOW-
ING FACTORS:
  (A) ANY VIOLATION BY THE PRINCIPAL OF AN ORDER OF PROTECTION ISSUED BY
ANY  COURT  FOR THE PROTECTION OF A MEMBER OR MEMBERS OF THE SAME FAMILY
OR HOUSEHOLD AS THAT TERM IS  DEFINED  IN  SUBDIVISION  ONE  OF  SECTION
530.11  OF  THIS  TITLE,  WHETHER  OR  NOT  SUCH  ORDER OF PROTECTION IS
CURRENTLY IN EFFECT; AND
  (B) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF A FIREARM; AND
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.