Assembly Bill A1945

2023-2024 Legislative Session

Enacts the Justice for Rachael Act

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A1945 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §510.55, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: A6688
2021-2022: A3800

2023-A1945 (ACTIVE) - Summary

Enacts the Justice for Rachael Act; creates dangerousness hearings.

2023-A1945 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1945
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by M. of A. BURKE -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, in relation to the  "Justice
   for Rachael" act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited  as  the  "Justice
 for Rachael" act.
   §  2.  The  criminal  procedure law is amended by adding a new section
 510.55 to read as follows:
 § 510.55 PRETRIAL DETENTION; DANGEROUSNESS HEARING.
   1. WHEN A PRINCIPAL, WHOSE  FUTURE  COURT  ATTENDANCE  AT  A  CRIMINAL
 ACTION OR PROCEEDING IS OR MAY BE REQUIRED, COMES UNDER THE CONTROL OF A
 COURT,  THE  PEOPLE  MAY MAKE A MOTION SEEKING PRETRIAL DETENTION DUE TO
 THE DANGEROUSNESS OF THE PRINCIPAL. THE PEOPLE  MAY  SEEK  THE  PRETRIAL
 DETENTION OF A PRINCIPAL:
   (A)  CHARGED  WITH  A  FELONY  THAT INVOLVES THE USE, ATTEMPTED USE OR
 THREATENED USE OF PHYSICAL FORCE AGAINST THE PERSON OF  ANOTHER  OR  ANY
 OTHER FELONY THAT, BY ITS NATURE, INVOLVES A SUBSTANTIAL RISK THAT PHYS-
 ICAL FORCE AGAINST THE PERSON OF ANOTHER MAY RESULT;
   (B)  CHARGED  WITH A MISDEMEANOR OR FELONY WHICH HAS AS AN ELEMENT THE
 VIOLATION OF A COURT ORDER;
   (C) CHARGED  WITH  A  MISDEMEANOR  OR  FELONY  WHERE  THE  VICTIM  WAS
 SUBJECTED  TO  PHYSICAL,  SEXUAL  OR  PSYCHOLOGICAL ABUSE INFLICTED BY A
 MEMBER OF THE SAME FAMILY OR HOUSEHOLD,  AS  SUCH  TERM  IS  DEFINED  IN
 SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE, AS THE APPLICANT;
   (D) CHARGED WITH AN OFFENSE FOR WHICH A MINIMUM TERM OF THREE YEARS OR
 MORE IS PRESCRIBED;
   (E)  CHARGED WITH INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE
 AS DEFINED IN SECTION 215.17 OF THE PENAL LAW, INTIMIDATING A VICTIM  OR
 WITNESS  IN  THE SECOND DEGREE AS DEFINED IN SECTION 215.16 OF THE PENAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03055-01-3
              

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