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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (22)
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

Co-Sponsors

S1414 - 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 - Summary

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

S1414 - Sponsor Memo

S1414 - Bill Text download pdf

                    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 - 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 - Summary

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

S1414A - Sponsor Memo

S1414A - Bill 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.

Co-Sponsors

S1414B (ACTIVE) - 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) - Summary

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

S1414B (ACTIVE) - Sponsor Memo

S1414B (ACTIVE) - Bill 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.

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