|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2020||referred to codes|
|Nov 08, 2019||referred to rules|
senate Bill S6839
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6839 (ACTIVE) - Details
S6839 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6839 SPONSOR: SERINO TITLE OF BILL: An act to amend the criminal procedure law, in relation to adding certain offenses committed by a family member to the list of crimes qualifying for bail PURPOSE: To protect victims of domestic violence by allowing judges more discretion in securing orders in certain cases related to domestic violence. SUMMARY OF PROVISIONS: Section 1: Amends section 2 of part JJJ of chapter 59 of the laws of 2019 to add to the definition of a qualifying offense for the purpose of this subdivision to ensure the inclusion of all instances of aggravated family offenses, which include: assault in the third degree; menacing in
S6839 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6839 2019-2020 Regular Sessions I N S E N A T E November 8, 2019 ___________ Introduced by Sens. SERINO, GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the criminal procedure law, in relation to adding certain offenses committed by a family member to the list of crimes qualifying for bail THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph and paragraphs (h) and (i) of subdi- vision 4 of section 510.10 of the criminal procedure law, as added by section 2 of part JJJ of chapter 59 of the laws of 2019, are amended and a new paragraph (j) is added to read as follows: Where the principal stands charged with a qualifying offense, the court, unless otherwise prohibited by law, may in its discretion release the principal pending trial on the principal's own recognizance or under non-monetary conditions, fix bail, or, where the defendant is charged with a qualifying offense [which is a felony], the court may commit the principal to the custody of the sheriff. A principal stands charged with a qualifying offense for the purposes of this subdivision when he or she stands charged with: (h) criminal contempt in the second degree as defined in subdivision three of section 215.50 of the penal law, criminal contempt in the first degree as defined in subdivision (b), (c) or (d) of section 215.51 of the penal law or aggravated criminal contempt as defined in section 215.52 of the penal law, and the underlying allegation of such charge of criminal contempt in the second degree, criminal contempt in the first degree or aggravated criminal contempt is that the defendant violated a duly served order of protection where the protected party is a member of the defendant's same family or household as defined in subdivision one of section 530.11 of this article; [or] (i) facilitating a sexual performance by a child with a controlled substance or alcohol as defined in section 263.30 of the penal law, use EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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