senate Bill S259

2011-2012 Legislative Session

Enacts "Jilly's law"; adds criteria for determining whether to issue an order of recognizance or bail

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Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 18, 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.411
Jan 04, 2012 referred to codes
Jun 24, 2011 committed to rules
Mar 03, 2011 advanced to third reading
Mar 02, 2011 2nd report cal.
Mar 01, 2011 1st report cal.109
Jan 05, 2011 referred to codes

Votes

view votes

Mar 20, 2012 - Codes committee Vote

S259
14
1
committee
14
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Mar 20, 2012

nay (1)
aye wr (1)

Mar 1, 2011 - Codes committee Vote

S259
14
0
committee
14
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Mar 1, 2011

aye wr (1)
excused (1)

Co-Sponsors

S259 - Details

See Assembly Version of this Bill:
A10151
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง510.30, CP L
Versions Introduced in 2009-2010 Legislative Session:
S1401, S4521A

S259 - Summary

Enacts "Jilly's law"; adds criteria for determining whether to issue an order of recognizance or bail; grants court discretion to order a defendant on bail to submit to the use of an electronic monitoring device; allows the court to consider any record of violations of court orders  (view more) authorizes the court to consider any history or pattern of threats or violent acts against the alleged victim or towards others; provides that if the court denies bail, it shall place its reasons on the record.

S259 - Sponsor Memo

S259 - Bill Text download pdf

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

                                   259

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. MAZIARZ, FLANAGAN, LITTLE, 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 enacting
  criteria controlling determination of grant of recognizance or bail

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

  Section  1.  Short  title. This act shall be known and may be cited as
"Jilly's law".
  S 2. Paragraph (a) of subdivision 2 of section 510.30 of the  criminal
procedure law, subparagraph (v) as amended by chapter 920 of the laws of
1982  and  subparagraphs (vi), (vii) and (viii) as renumbered by chapter
447 of the laws of 1977, is amended to read as follows:
  (a)  With respect to any principal, the court must consider  the  kind
and  degree of control or restriction that is necessary to secure his OR
HER court attendance when required AND WHETHER THE PRINCIPAL IS A DANGER
TO THE ALLEGED VICTIM IN A CRIMINAL ACTION, MEMBERS OF THE COMMUNITY  OR
TO  HIMSELF  OR HERSELF.  In determining that matter, the court must, on
the basis of available information, consider [and take into account]:
  (i)  The principal's character, reputation, habits and  mental  condi-
tion, INCLUDING PRIOR THREATS OF OR ATTEMPTS OF SUICIDE; AND
  (ii)  His OR HER employment and financial resources; and
  (iii)    His OR HER family ties and the length of his OR HER residence
if any in the community; and
  (iv)  His OR HER criminal record if any; and
  (v)  His OR HER record of previous adjudication as a  juvenile  delin-
quent,  as  retained  pursuant to section 354.2 of the family court act,
or, of pending cases where fingerprints are retained pursuant to section
306.1 of such act, or a youthful offender, if any; and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01587-01-1

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