Senate Bill S1270

                                
 
BILL NUMBER: S1270

SPONSOR: FUNKE
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to requiring a
denial of certain felony domestic violence or stalking bail applications

 
PURPOSE:

To deny recognizance or bail where a defendant is accused of domestic
violence or stalking with a prior conviction.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the criminal procedure law by adding a new section
510.25; which would deny bail where the defendant is accused of domestic
violence or stalking with a prior conviction.

Section 2: Establishes the effective date.

              

 
JUSTIFICATION:

According to Futures Without Violence, in the United States, 1 in 6
women have been stalked at least once in their lifetime and nearly 1 in
3 women have experienced physical violence by an intimate partner in
their lives. In stalking and domestic violence cases, the biggest
predictor of whether or not someone will perpetuate continued acts of
violence is whether they have committed previous acts of violence
against women. There was a recent study which found that individuals
with a history of physical violence against their partners are 13 times
more likely to commit future acts of physical aggression compared to
those who have never committed.

According to the National Domestic Violence Hotline, most female victims
of intimate partner violence were previously victimized by the same
offender, which is why this legislation is imperative. We know that
someone convicted of a prior felony stalking or domestic violence
offense is more likely to recommit than someone with no history. In the
case of stalking, two-thirds of female victims were stalked by a current
or former intimate partner. We need to do what we can to stop the cycle
and protect those women who come forward to report being a victim of
domestic violence or stalking.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.