senate Bill S6839

2019-2020 Legislative Session

Relates to adding certain offenses committed by a family member to the list of crimes qualifying for bail

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Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
Nov 08, 2019 referred to rules

Co-Sponsors

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S6839 (ACTIVE) - Details

See Assembly Version of this Bill:
A9564
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§510.10, 530.20 & 530.40, CP L

S6839 (ACTIVE) - Summary

Adds certain offenses committed by a family member to the list of crimes qualifying for bail.

S6839 (ACTIVE) - Sponsor Memo

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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