|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 31, 2021||referred to codes|
senate Bill S3842
Current Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3842 (ACTIVE) - Details
S3842 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3842 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 510.10 of the Criminal Procedure law to add to the definition of a qualifying offense for the purpose of this subdivi- sion to ensure the inclusion of all instances of aggravated family offenses, which include: assault in the third degree; menacing in the
S3842 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3842 2021-2022 Regular Sessions I N S E N A T E January 31, 2021 ___________ Introduced by Sens. SERINO, GALLIVAN, AKSHAR, BORRELLO, HELMING, JORDAN, O'MARA, ORTT, TEDISCO -- 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 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 (s) and (t) of subdi- vision 4 of section 510.10 of the criminal procedure law, the opening paragraph as amended and paragraphs (s) and (t) as added by section 2 of part UU of chapter 56 of the laws of 2020, are amended and a new para- graph (u) 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: (s) a felony, where the defendant qualifies for sentencing on such charge as a persistent felony offender pursuant to section 70.10 of the penal law; [or] (t) any felony or class A misdemeanor involving harm to an identifi- able person or property, where such charge arose from conduct occurring while the defendant was released on his or her own recognizance or released under conditions for a separate felony or class A misdemeanor involving harm to an identifiable person or property, provided, however, that the prosecutor must show reasonable cause to believe that the defendant committed the instant crime and any underlying crime. For the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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