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.