senate Bill S1414B

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
May 15, 2012 amended on third reading 1414b
May 15, 2012 vote reconsidered - restored to third reading
returned to senate
recalled from assembly
Mar 29, 2012 referred to codes
delivered to assembly
passed senate
Mar 22, 2012 advanced to third reading
Mar 21, 2012 2nd report cal.
Mar 20, 2012 1st report cal.414
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Mar 30, 2011 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.290
Mar 29, 2011 reported and committed to rules
Mar 23, 2011 print number 1414a
amend and recommit to codes
Jan 07, 2011 referred to codes

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S1414 - Bill Details

See Assembly Version of this Bill:
A251C
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §510.30, CP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A251C
2009-2010: A754

S1414 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1414

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to the consideration of
certain factors when determining the issuance of an order of
recognizance or bail

PURPOSE:
The bill will help protect more victims of domestic violence by
expanding criminal procedure law section 510.30. The bill will
require the court, when determining recognizance or bail in cases of
domestic violence, to consider certain enumerated factors which could
lead to intimidation or injury by the principal to the victim or
witness.

SUMMARY OF PROVISIONS:
Section one re-letters paragraph (b) as paragraph (c) of subdivision 2
of section 510.30 of the criminal procedure law and adds a new
paragraph (b). This new paragraph requires the court to consider
certain factors when determining recognizance or bail in cases of
domestic violence such as prior acts of violence or threats of
violence, prior orders of protection, prior arrests or convictions
for offenses against family or household members or intimate or
formerly intimate partners, prior violations of orders of protection,
and access to firearms or a history of firearm use.

Section two defines the effective date as the first of November
following the date on which it shall become law

JUSTIFICATION:
Domestic violence is a societal problem of enormous prevalence and
impact. It has been identified by the Surgeon General of the United
States as the number one health problem affecting American women, and
it floods the justice system of New York State as well as the courts
of every other state in the nation.

New York State has been in the forefront of addressing this problem by
passing many progressive laws over the past few decades, including
the mandatory arrest law, the law creating the registry of orders of
protection, an anti-stalking law, and a law requiring judges to
consider evidence of domestic violence in all child custody and
visitation cases. However, one important
area of the law has not been updated to take into account the unique
nature of domestic violence offenses: New York's bail provisions.

As a result, perpetrators of domestic violence offenses are often set
free on low or no bail and thereby allowed to stalk, harm and
sometimes kill their specifically targeted victims. In December 2002,
a perpetrator of domestic violence was released on $1,500 bail by a
city judge in Westchester County after an attempted assault with a
gun on his former girlfriend. Within days after his release on bail,
the perpetrator shot his former girlfriend in the head and killed
himself. As recently as July 2010, a similar tragic incident occurred
in Dutchess County when the perpetrator killed his wife before
turning the gun on himself. This incident occurred only days after


his release on bail, following one month in jail stemming from an
incident of domestic violence.

If judges determining recognizance and bail in domestic violence cases
were required to consider well established risk factors to the victim
such as a history of violence or threats of violence, prior orders of
protection, and the accused's access to guns, many victims and their
children would be spared additional harm and, in some tragic
incidences, their lives.

The bail statute currently does not consider the unique nature of
domestic violence cases. The criminal who commits a street crime
against a stranger, for example, is not likely to target the victim
for additional criminal activity while the case is pending and
afterwards. Precisely the reverse is true for domestic violence
perpetrators, who are highly likely to do so. Those who commit acts
of domestic violence do so to exercise power and control over their
specific victim, with whom they have a relationship. Domestic
violence has a high rate of recidivism, and tends to escalate in
frequency and severity over time. The initiation of a court case
against the perpetrator is a high-risk time for the victim, who is
perceived by the abuser as trying to escape the relationship.
Perpetrators often threaten and harm their victims during the
pendency of the case in order to force them not to cooperate with the
prosecution and to reconcile.

New York law does not allow the bail determination to be used for
"preventive detention," in order to protect the public from a
generalized threat of further criminal activity by an accused.
However, New York law does permit the bail determination to be used
when necessary to protect witnesses to the crime. Domestic violence
cases fall squarely within this rule because the victim of the
offense is the key and some- time the only witness and, as noted
above, is highly likely to be targeted by the perpetrator for further
threats or harm. Thus, in domestic violence cases, it is essential
that the judge determining recognizance or bail consider factors that
indicate a risk of harm to the victim-witness. This bill offers
guidance to judges by specifying factors including prior acts of
violence or threats of violence, prior orders of protection, prior
arrests or convictions for offenses against intimates or family
members, prior violations of orders of protection, and access to
firearms.

This bill is drafted to include intimate partners and former intimate
partners as well as those who fall within the Criminal Procedure
Law's definition of members of the same family or household, This
broad definition is critical because so many victims of domestic
violence never married or had a child in common with the perpetrator
and thus would not meet the current definition.
Based on the Final Report to the Governor and the Legislature,
Evaluation of the Mandatory Arrest Provisions (January 2001), it can
be estimated that almost half of the victims of domestic offenses do
not meet the current definition.

Bail reform must help these victims as well. Bail reform is necessary
to protect the victim witness of domestic offenses. Current bail


provisions must be updated to reflect the reality of the lives of
domestic violence victims.

LEGISLATIVE HISTORY:
2007-2008: S.1080 - Referred to Codes
2005-2006: S.310 - Codes/Third Reading
2004: S.6178 - Passed Senate

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
The first November following the date
of enactment.

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

                                  1414

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sen.  SALAND -- 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 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
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05325-01-1

Co-Sponsors

S1414A - Bill Details

See Assembly Version of this Bill:
A251C
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §510.30, CP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A251C
2009-2010: A754

S1414A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1414A

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to the consideration of
certain factors when determining the issuance of an order of
recognizance or bail

PURPOSE:
The bill will help protect more victims of domestic violence by
expanding criminal procedure law section 510.30. The bill will
require the court, when determining recognizance or bail in cases of
domestic violence, to consider certain enumerated factors which could
lead to intimidation or injury by the principal to the victim or
witness.

SUMMARY OF PROVISIONS:
Section one re-letters paragraph (b) as paragraph (c) of subdivision 2
of section 510.30 of the criminal procedure law and adds a new
paragraph (b). This new paragraph requires the court to consider
certain factors when determining recognizance or bail in cases of
domestic violence such as prior acts of violence or threats of
violence, prior orders of protection, prior arrests or convictions
for offenses against family or household members, prior violations of
orders of protection, and access to firearms or a history of firearm
use.

Section two defines the effective date as the first of November
following the date on which it shall become law.

JUSTIFICATION:
Domestic violence is a societal problem of enormous prevalence and
impact. It has been identified by the Surgeon General of the United
States as the number one health problem affecting American women, and
it floods the justice system of New York State as well as the courts
of every other state in the nation.

New York State has been in the forefront of addressing this problem by
passing many progressive laws over the past few decades, including
the mandatory arrest law, the law creating the registry of orders of
protection, an anti-stalking law, and a law requiring judges to
consider evidence of domestic violence in all child custody and
visitation cases. However, one important
area of the law has not been updated to take into account the unique
nature of domestic violence offenses: New York's bail provisions.

As a result, perpetrators of domestic violence offenses are often set
free on low or no bail and thereby allowed to stalk, harm and
sometimes kill their specifically targeted victims. In December 2002,
a perpetrator of domestic violence was released on $1,500 bail by a
city judge in Westchester County after an attempted assault with a
gun on his former girlfriend. Within days after his release on bail,
the perpetrator shot his former girlfriend in the head and killed
himself. As recently as July 2010, a similar tragic incident occurred
in Dutchess County when the perpetrator killed his wife before turning
the gun on himself. This incident occurred only days after his


release on bail, following one month in jail stemming from an
incident of domestic violence.

If judges determining recognizance and bail in domestic violence cases
were required to consider well established risk factors to the victim
such as a history of violence or threats of violence, prior orders of
protection, and the accused's access to guns, many victims and their
children would be spared additional harm and, in some tragic
incidences, their lives.

The bail statute currently does not consider the unique nature of
domestic violence cases. The criminal who commits a street crime
against a stranger, for example, is not likely to target the victim
for additional criminal activity while the case is pending and
afterwards. Precisely the reverse is true for domestic violence
perpetrators, who are highly likely to do so. Those who commit acts
of domestic violence do so to exercise power and control over their
specific victim, with whom they have a relationship. Domestic
violence has a high rate of recidivism, and tends to escalate in
frequency and severity over time. The initiation of a court case
against the perpetrator is a high-risk time for the victim, who is
perceived by the abuser as trying to escape the relationship.
Perpetrators often threaten and harm their victims during the
pendency of the case in order to force them not to cooperate with the
prosecution and to reconcile.

New York law does not allow the bail determination to be used for
"preventive detention," in order to protect the public from a
generalized threat of further criminal activity by an accused.
However, New York law does permit the bail determination to be used
when necessary to protect witnesses to the crime. Domestic violence
cases fall squarely within this rule because the victim of the
offense is the key and some- time the only witness and, as noted
above, is highly likely to be targeted by the perpetrator for further
threats or harm. Thus, in domestic violence cases, it is essential
that the judge determining recognizance or bail consider factors that
indicate a risk of harm to the victim-witness. This bill offers
guidance to judges by specifying factors including prior acts of
violence or threats of violence, prior orders of protection, prior
arrests or convictions for offenses against intimates or family
members, prior violations of orders of protection, and access to
firearms.

Bail reform is necessary to protect the victim-witness of domestic
offenses.

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

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1414--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sens.  SALAND,  BALL,  SAVINO  -- read twice and ordered
  printed, and when printed to be committed 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
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
  (IV)  ANY  VIOLATION  OF  AN  ORDER  OF PROTECTION ISSUED BY ANY COURT
AGAINST THE PRINCIPAL 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; 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05325-03-1

Co-Sponsors

S1414B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A251C
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §510.30, CP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A251C
2009-2010: A754

S1414B (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1414B

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to the consideration of
certain factors when determining the issuance of an order of
recognizance or bail

PURPOSE:
The bill will help protect more victims of domestic violence by
expanding criminal procedure law section 510.30. The bill will
require the court, when determining recognizance or bail in cases of
domestic violence, to consider certain enumerated factors which could
lead to intimidation or injury by the principal to the victim or
witness.

SUMMARY OF PROVISIONS:
Section one renumbers subparagraphs (vii) and (viii) as subparagraph
(viii) of paragraph (a) of subdivision 2 of section 510.30 of the
criminal procedure law and adds a new subparagraph (vii). This new
paragraph requires the court to consider certain factors when
determining recognizance or bail in cases of domestic violence such
as, prior violations of orders of protection and access to firearms
or a history of firearm use.

Section two defines the effective date as the sixtieth day following
the date on which it shall become law.

JUSTIFICATION:
Domestic violence is a societal problem of enormous prevalence and
impact. It has been identified by the Surgeon General of the United
States as the number one health problem affecting American women, and
it floods the justice system of New York State as well as the courts
of every other state in the nation.

New York State has been in the forefront of addressing this problem by
passing many progressive laws over the past few decades, including
the mandatory arrest law, the law creating the registry of orders of
protection, an anti-stalking law, and a law requiring judges to
consider evidence of domestic violence in all child custody and
visitation cases. However, one important area of the law has not been
updated to take into
account the unique nature of domestic violence offenses: New York's
bail provisions.

As a result, perpetrators of domestic violence offenses are often set
free on low or no bail and thereby allowed to stalk, harm and
sometimes kill their specifically targeted victims. In December 2002,
a perpetrator of domestic violence was released on $1,500 bail by a
city judge in Westchester County after an attempted assault with a
gun on his former girlfriend. Within days after his release on bail,

the perpetrator shot his former girlfriend in the head and killed
himself. As recently as July 2010, a similar tragic incident occurred
in Dutchess County when the perpetrator killed his wife before
turning the gun on himself. This incident occurred only days after
his release on bail, following one month in jail stemming from an
incident of domestic violence.

If judges determining recognizance and bail in domestic violence cases
were required to consider well established risk factors to the victim
such as prior violations of an order of protection and the accused's
access to guns, many victims and their children would be spared
additional harm and, in some tragic incidences, their lives.

The bail statute currently does not consider the unique nature of
domestic violence cases. The criminal who commits a street crime
against a stranger, for example, is not likely to target the victim
for additional criminal activity while the case is pending and
afterwards. Precisely the reverse is true for domestic violence
perpetrators, who are highly likely to do so. Those who commit acts
of domestic violence do so to exercise power and control over their
specific victim, with whom they have a relationship. Domestic
violence has a high rate of recidivism, and tends to escalate in
frequency and severity over time. The initiation of a court case
against the perpetrator is a high-risk time for the victim, who is
perceived by the abuser as trying to escape the relationship.
Perpetrators often threaten and harm their victims during the
pendency of the case in order to force them not to cooperate with the
prosecution and to reconcile.

Bail reform is necessary to protect the victim-witness of domestic
offenses.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1414--B
    Cal. No. 414

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sens.  SALAND, BALL, GOLDEN, OPPENHEIMER, SAVINO -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Codes  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to  the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered to a third reading, passed by Senate and delivered to
  the Assembly, recalled, vote reconsidered, restored to third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05325-04-2

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