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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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

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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

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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 - Bill Details

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

S259 - Bill Texts

view 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; 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.

view sponsor memo
BILL NUMBER:S259

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to enacting criteria
controlling determination of grant of recognizance or bail

PURPOSE:
To give the courts to consider a broader scope of criteria when they are
ordering bail for a defendant.

SUMMARY OF PROVISIONS:
Section 1 states that this law shall be known as Jilly's Law.

Section 2 amends the criminal procedure law to allow for the court to
consider a greater number of facts when setting bail.
Paragraph a is amended to include language that would allow the courts
to consider whether the individual is a danger to the alleged victim,
members of the community, or themselves when setting bail.
Amends subparagraph (i) to allow the court to consider prior threats of
or attempts of suicide.
Also amends subparagraph (vi) to allow the court to consider any record
of violations of court orders.
Adds a subparagraph (ix) that the court may consider any history or
pattern of threats or violent acts against the alleged victim, or toward
others.
Subparagraph (x) allows for any records of protection that were
previously issued against the individual, or are currently in effect be
considered.
Subparagraph (xi) allows for the violent nature of the charged crime to
be considered, as well as the impact the crime has had on the alleged
victim's family.
Subparagraph (xii) states that any other factor deemed to be relevant by
the court under the circumstances of the case be considered.

Section 3 adds a subdivision 4 that states that the court may in its
discretion order the defendant to use an electronic monitoring device
after consideration of the factors specified in paragraph a and that
tampering with the device shall constitute grounds for revocation of
bail.

Section 4 also adds a subdivision 5 that states that the court may in
its discretion deny bail if there is substantial evidence to support the
charge and if the court finds clear and convincing evidence that the
defendant is not reasonably likely to appear in the court when required,
or that the alleged defendant is a danger to the allege victim, members
of the community or themselves. This section also states that if bail
is denied, the court must place its reasons on the record.

JUSTIFICATION:
Currently under New York law, the only factor courts are permitted to
consider when setting bail is whether a person charged with a crime will
appear in court. This likelihood is based solely on ties to the
community, and the likelihood that individual might flee because of the
severity of charges brought against them. To that end, courts may
consider such factors as the defendant's reputation, criminal record,


and whether he or she has previously failed to appear in court. There is
no provision that permits the court to consider the safety of the
victim, the nature of the offense, or the impact of the offense on the
victim, witnesses, or the victim's family members when determining
whether to set bail at all and, if so, in what amount.

New York courts should be permitted to consider such circumstances when
setting bail, especially in domestic violence cases where the offender
is likely to repeat his or her behavior and ignore restraining orders.
An alarming number of women are killed, or attacked in the United States
and New York each year by people they have been intimate with. In the
United States 32.1 % of all the female murder victims in the country
were killed by their husbands or boyfriends. In New York in 2002, 194
women were killed, out of those 66 or 34% were murdered by a spouse,
"common law" spouse, or a sexual, or ex-sexual partner.

No case in recent New York history illustrates the need for an amended
bail statute more than
People v James F. "Jeff" Cahill: In this case
Jeff Cahill had viciously attacked his wife Jill with a baseball bat,
striking her more then seven times and nearly killing her because Jill
was divorcing him. While out on bail for this attack, Jill had requested
and been granted an order of protection against Cahill which required
him to stay away from Jill and their children. Shortly after his release
Cahill began to research ways to poison his wife and eventually was able
to secure some potassium cyanide by posing as an employee at a local
company. A week before he would murder his wife, Cahill was caught
posing as hospital staff in Jill's room. On October 27, 1998 Cahill
returned dressed as a janitor and poisoned and killed Jill.

If the court that set bail for Cahill after the baseball bat assault had
been permitted to consider the brutal nature of his attack, the
resulting injuries, and Jill's safety against future acts of violence by
Cahill, Jill might be alive today.

Instead, both the pre and post indictment courts were permitted to apply
only the consideration currently addressed by New York State law,
whether the defendant is likely to appear in court. Such a limited
approach did not protect Jill, and does nothing to protect other
individuals in these situations.

LEGISLATIVE HISTORY:
S.1401/A.3035 of 2009/2010; Referred to Codes
S.112/A.777 of 2007/2008; Passed Senate
S.1160/A.275 of 2005/2006; Passed Senate.
S.6513/A.10267 of 2003/2004; Passed Senate

FISCAL IMPLICATIONS:
None.

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

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                    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

S. 259                              2

  (vi)  His OR HER previous record if any in responding to court appear-
ances when required or with respect to flight to avoid  criminal  prose-
cution, OR ANY RECORD OF VIOLATIONS OF COURT ORDERS; and
  (vii)  If he OR SHE is a defendant, the weight of the evidence against
him  OR HER in the pending criminal action and any other factor indicat-
ing probability or improbability of conviction; or, in the  case  of  an
application  for  bail or recognizance pending appeal, the merit or lack
of merit of the appeal; and
  (viii)  If he OR SHE is a defendant, the sentence which may be or  has
been imposed upon conviction[.]; AND
  (IX)  IF  HE  OR SHE IS A DEFENDANT, ANY HISTORY OR PATTERN OF VIOLENT
ACTS OR THREATS OF VIOLENT ACTS AGAINST THE ALLEGED VICTIM IN A CRIMINAL
ACTION, OR TOWARD OTHERS; AND
  (X) IF HE OR  SHE  IS  A  DEFENDANT,  ANY  RECORD  OF  ANY  ORDERS  OF
PROTECTION  THAT  WERE  PREVIOUSLY  ISSUED AGAINST THE PRINCIPAL, OR ARE
CURRENTLY IN EFFECT AGAINST THE  PRINCIPAL,  INCLUDING  RECORDS  OF  ANY
VIOLATION OF ANY PROTECTION ORDER; AND
  (XI)  IF  HE  OR SHE IS A DEFENDANT, THE VIOLENT NATURE OF THE CHARGED
CRIME AND THE IMPACT OF THE CRIME ON THE ALLEGED VICTIM; AND
  (XII) ANY OTHER FACTOR DEEMED TO BE RELEVANT BY THE  COURT  UNDER  THE
CIRCUMSTANCES OF THE CASE.
  S 3. Section 510.30 of the criminal procedure law is amended by adding
two new subdivisions 4 and 5 to read as follows:
  4.  WHERE  THE  PRINCIPAL  IS  A  DEFENDANT,  THE  COURT  MAY,  IN ITS
DISCRETION AND AFTER CONSIDERATION OF THE FACTORS SPECIFIED IN PARAGRAPH
(A) OF SUBDIVISION TWO OF THIS SECTION, ORDER THAT THE DEFENDANT  SUBMIT
TO  THE  USE OF AN ELECTRONIC MONITORING DEVICE UNDER THE SUPERVISION OF
THE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES WITH THE FURTHER
CONDITION THAT TAMPERING WITH SUCH MONITOR SHALL CONSTITUTE GROUNDS  FOR
REVOCATION OF BAIL.
  5.  WHERE  THE  PRINCIPAL  IS  A  DEFENDANT,  THE  COURT  MAY,  IN ITS
DISCRETION, DENY BAIL IF THERE IS SUBSTANTIAL EVIDENCE  TO  SUPPORT  THE
CHARGE, AND IF THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT THE
DEFENDANT  IS  NOT REASONABLY LIKELY TO APPEAR IN COURT WHEN REQUIRED OR
IS A DANGER TO THE ALLEGED  VICTIM,  MEMBERS  OF  THE  COMMUNITY  OR  TO
HIMSELF  OR  HERSELF  IF  RELEASED ON BAIL. IF BAIL IS DENIED, THE COURT
SHALL PLACE ITS REASONS ON THE RECORD.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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