S T A T E O F N E W Y O R K
________________________________________________________________________
7633
2019-2020 Regular Sessions
I N A S S E M B L Y
May 14, 2019
___________
Introduced by M. of A. QUART -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to the issuance
of temporary orders of protection when an action is pending in a local
criminal court
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 530.30 of the criminal procedure law, subdivision 2
as amended by chapter 762 of the laws of 1971, is amended to read as
follows:
§ 530.30 Order of recognizance or bail OR ISSUANCE OF A TEMPORARY ORDER
OF PROTECTION; by superior court judge when action is pend-
ing in local criminal court.
1. When a criminal action is pending in a local criminal court, other
than one consisting of a superior court judge sitting as such, a judge
of a superior court holding a term thereof in the county, upon applica-
tion of a defendant, may order recognizance or bail OR ISSUE A NEW
TEMPORARY ORDER OF PROTECTION when such local criminal court:
(a) Lacks authority to issue such an order, pursuant to paragraph (a)
of subdivision two of section 530.20 OF THIS ARTICLE; or
(b) Has denied an application for recognizance or bail; or
(c) Has fixed bail which is excessive. In such case, such superior
court judge may vacate the order of such local criminal court and
release the defendant on his own recognizance or fix bail in a lesser
amount or in a less burdensome form; OR
(D) HAS DENIED A REQUEST TO MODIFY OR LIMIT A TEMPORARY ORDER OF
PROTECTION ISSUED PURSUANT TO SUBDIVISION ONE OF SECTION 530.12 OF THIS
ARTICLE OR SUBDIVISION ONE OF SECTION 530.13 OF THIS ARTICLE. IN SUCH
CASE, SUCH SUPERIOR COURT JUDGE MAY VACATE OR MODIFY THE ORDER OF THE
LOCAL CRIMINAL COURT UNLESS THE PROSECUTOR SHOWS, BY CLEAR AND CONVINC-
ING EVIDENCE, THAT THE TEMPORARY ORDER OF PROTECTION IS NECESSARY TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11214-02-9
A. 7633 2
PROTECT SUCH DESIGNATED WITNESS OR COMPLAINANT FROM INTIMIDATION OR
INJURY AND ISSUE A NEW TEMPORARY ORDER OF PROTECTION. THE SUPERIOR
COURT JUDGE SHALL STATE ON THE RECORD THE REASONS FOR MAINTAINING OR
VACATING THE TEMPORARY ORDER OF PROTECTION.
2. Notwithstanding the provisions of subdivision one, when the
defendant is charged with a felony in a local criminal court, a superior
court judge may not order recognizance or bail unless and until the
district attorney has had an opportunity to be heard in the matter and
such judge has been furnished with a report as described in subparagraph
(ii) of paragraph (b) of subdivision two of section 530.20 OF THIS ARTI-
CLE.
3. Not more than one application may be made pursuant to this
section.
§ 2. The section heading and subdivision 1 of section 530.30 of the
criminal procedure law, as amended by section 17 of part JJJ of chapter
59 of the laws of 2019, are amended to read as follows:
Order of recognizance, release under non-monetary conditions or bail OR
ISSUANCE OF A TEMPORARY ORDER OF PROTECTION; by superior court judge
when action is pending in local criminal court.
1. When a criminal action is pending in a local criminal court, other
than one consisting of a superior court judge sitting as such, a judge
of a superior court holding a term thereof in the county, upon applica-
tion of a defendant, may order recognizance, release under non-monetary
conditions or, where authorized, bail OR ISSUE A NEW TEMPORARY ORDER OF
PROTECTION when such local criminal court:
(a) Lacks authority to issue such an order, pursuant to the relevant
provisions of section 530.20 of this article; or
(b) Has denied an application for recognizance, release under non-mon-
etary conditions or bail; or
(c) Has fixed bail, where authorized, which is excessive; or
(d) Has set a securing order of release under non-monetary conditions
which are more restrictive than necessary to reasonably assure the
defendant's return to court.
In such case, such superior court judge may vacate the order of such
local criminal court and release the defendant on recognizance or under
non-monetary conditions, or where authorized, fix bail in a lesser
amount or in a less burdensome form, whichever are the least restrictive
alternative and conditions that will reasonably assure the defendant's
return to court. The court shall explain its choice of alternative and
conditions on the record or in writing; OR
(E) HAS DENIED A REQUEST TO MODIFY OR LIMIT A TEMPORARY ORDER OF
PROTECTION ISSUED PURSUANT TO SUBDIVISION ONE OF SECTION 530.12 OF THIS
ARTICLE OR SUBDIVISION ONE OF SECTION 530.13 OF THIS ARTICLE. IN SUCH
CASE, SUCH SUPERIOR COURT JUDGE MAY VACATE OR MODIFY THE ORDER OF THE
LOCAL CRIMINAL COURT UNLESS THE PROSECUTOR SHOWS, BY CLEAR AND CONVINC-
ING EVIDENCE, THAT THE TEMPORARY ORDER OF PROTECTION IS NECESSARY TO
PROTECT SUCH DESIGNATED WITNESS OR COMPLAINANT FROM INTIMIDATION OR
INJURY AND ISSUE A NEW TEMPORARY ORDER OF PROTECTION. THE SUPERIOR COURT
JUDGE SHALL STATE ON THE RECORD THE REASONS FOR MAINTAINING OR VACATING
THE TEMPORARY ORDER OF PROTECTION.
§ 3. This act shall take effect immediately; provided, however, that
section two of this act shall take effect on the same date and in the
same manner as part JJJ of chapter 59 of the laws of 2019 takes effect.