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Senate Bill S2930

2011-2012 Legislative Session

Requires committing to custody of sheriff a person against whom a verified statement has been filed alleging the intimidation of a victim or a witness while on bail

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2011-S2930 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง530.60, CP L
Versions Introduced in 2009-2010 Legislative Session:
S1805

2011-S2930 (ACTIVE) - Summary

Requires the incarceration of a defendant, pending a bail revocation hearing, upon filing of a statement alleging the intimidation of a victim or witness while such defendant was at liberty on bail; requires revocation hearing within 72 hours.

2011-S2930 (ACTIVE) - Sponsor Memo

2011-S2930 (ACTIVE) - Bill Text download pdf 

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

                                  2930

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

Introduced  by Sens. JOHNSON, BONACIC -- 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  requiring
  certain  persons  be committed to the custody of the sheriff pending a
  hearing on revocation of bail

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

  Section  1.  Paragraph  (c)  of subdivision 2 of section 530.60 of the
criminal procedure law, as added by chapter 788 of the laws of 1981,  is
amended to read as follows:
  (c)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
sion a defendant, against whom a felony complaint has been  filed  which
charges  the  defendant  with  commission of a class A or violent felony
offense committed while he OR SHE was at liberty as  specified  therein,
[may]  OR AGAINST WHOM A VERIFIED STATEMENT HAS BEEN FILED WHICH ALLEGES
THAT THE DEFENDANT HAS INTIMIDATED A VICTIM OR WITNESS IN  VIOLATION  OF
SECTION  215.15,  215.16  OR  215.17  OF THE PENAL LAW WHILE AT LIBERTY,
UNLESS THE COURT SHALL OTHERWISE MAKE A FINDING ON THE RECORD, SHALL  be
committed to the custody of the sheriff pending a revocation hearing for
a  period  not  to exceed seventy-two hours. An additional period not to
exceed seventy-two hours may be granted by the court upon application of
the district attorney upon a showing of good cause or where the  failure
to  commence  the hearing was due to the defendant's request or occurred
with his consent. Such good cause must consist of some  compelling  fact
or  circumstance  which  precluded  conducting  the  hearing  within the
initial prescribed period.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07071-01-1

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