NY State Senate Bill 2023-S4484

Senate Bill S4484

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status - In Senate Committee Codes 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Feb 09, 2023	referred to codes

co-Sponsors

View additional co-sponsors

2023-S4484 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6839
2021-2022: S3842

2023-S4484 (ACTIVE) - Summary

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

2023-S4484 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4484

SPONSOR: GALLIVAN
 
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
first, second and third degree; reckless endangerment in the second

degree; stalking in the second, third and fourth degree; criminal
obstruction of breathing or blood circulation; manslaughter in the
second degree; unlawful imprisonment in the first and second degree;
coercion in the first, second and third degree; burglary in the second
and third degree; criminal mischief in the first, second, third and
fourth degree; criminal tampering in the third degree; harassment in the
first degree; aggravated harassment in the second degree; or any attempt
or conspiracy to commit any such offenses where the principal and the
person against whom the offense was committed were members of the same
family or household.

Section 2: Adds similar provisions to Section 530.20 of the Criminal
Procedure Law as Section 1 of this act.

Section 3: Adds similar provisions to Section 530.40 of the Criminal
Procedure Law as Section 1 of this act.

Section 4: Establishes the effective date.

 
EXISTING LAW:

Cash bail and pretrial detention has been eliminated for most misdemea-
nor and non-violent felony offenses; however, it has also been elimi-
nated for certain offenses related to domestic violence as well.

 
JUSTIFICATION:

The 2019-2020 New York State Budget included sweeping changes to the
bail system in New York State, eliminating cash bail and pretrial
detention for most offenses. While these reforms had laudable intentions
to protect the rights of the accused, there are many who fear unintended
consequences may result from those changes and jeopardize the safety of
victims, particularly in cases of domestic violence.

Escalation of abuse is common when the abuser fears they are losing
control over a relationship, which is consistent with research that has
shown that the period of a victim's separation from their abuser is one
of the most dangerous times in domestic violence cases, highlighting the
need for pretrial detention when appropriate.

In 2018, New York State domestic and sexual violence hotlines received
more than 340,000 calls-a 19% increase from the year before. In the same
year, 44% of female homicide victims 16 or older were killed at the
hands of an intimate partner. It has been noted there is a high risk of
domestic violence offenders committing dangerous acts between the time
they are arrested and. the time they are sentenced. A study of pretrial
rearrests in New York City involving domestic violence defendants found
that approximately 1 in 10 such defendants were re-arrested for a new
domestic violence offense during the pretrial period, and previous
studies have found the number is as high as one in four defendants. It
should be noted that the number of re-offenders is likely higher than
the number of those re-arrested, given that many victims do not report
each, if any, offense.

This legislation will ensure that each crime under the aggravated family
offense statute is considered a qualifying offense for the purpose of
judicial consideration of cash bail and pretrial detention, as victims
of domestic violence are much more at an increased risk for re-victimi-
zation. Expanding the definition to include such offenses will offer the
ability for courts to provide greater protections to victims of domestic
violence during the pretrial period.

 
LEGISLATIVE HISTORY:

2021-22: S.3842/A.2616 Referred to Codes

2019-20: S.6839/A.9564 Referred to Codes

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date upon which it shall have become a law.

2023-S4484 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4484
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced  by  Sens.  GALLIVAN,  BORRELLO, HELMING, O'MARA, ORTT, STEC,
   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 (t) and (u) of  subdi-
 vision  4  of  section 510.10 of the criminal procedure law, the opening
 paragraph as amended by section 2 of part UU of chapter 56 of  the  laws
 of  2020, paragraph (t) as amended and paragraph (u) as added by section
 2 of subpart B of part UU of chapter 56 of the laws of 2022, are amended
 and a new paragraph (v) 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:
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined in section 265.01-b of the penal law,  provided,  however,  that
 the  prosecutor must show reasonable cause to believe that the defendant
 committed the instant crime and any underlying crime. For  the  purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06340-01-3
 S. 4484                             2
 
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  his or her own recognizance or under appropriate non-mone-
 tary conditions; [or]
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a  firearm  to a minor as defined in section 265.16 of the penal law[.];
 OR
   (V) ANY OF THE FOLLOWING AGGRAVATED  FAMILY  OFFENSES  AS  DEFINED  IN
 SECTION  240.75  OF  THE  PENAL  LAW  WHERE THE PRINCIPAL AND THE PERSON
 AGAINST WHOM THE OFFENSE WAS COMMITTED WERE MEMBERS OF THE  SAME  FAMILY
 OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11; AN OFFENSE
 DEFINED  IN SECTION 120.00 (ASSAULT IN THE THIRD DEGREE); SECTION 120.13
 (MENACING IN THE FIRST DEGREE); SECTION 120.14 (MENACING IN  THE  SECOND
 DEGREE);  SECTION  120.15 (MENACING IN THE THIRD DEGREE); SECTION 120.20
 (RECKLESS ENDANGERMENT IN THE SECOND DEGREE); SECTION  120.45  (STALKING
 IN  THE  FOURTH  DEGREE); SECTION 120.50 (STALKING IN THE THIRD DEGREE);
 SECTION 120.55 (STALKING IN THE SECOND DEGREE); SECTION 121.11 (CRIMINAL
 OBSTRUCTION OF BREATHING  OR  BLOOD  CIRCULATION);  SUBDIVISION  ONE  OF
 SECTION  125.15  (MANSLAUGHTER  IN  THE  SECOND  DEGREE); SECTION 135.05
 (UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE); SECTION  135.10  (UNLAWFUL
 IMPRISONMENT IN THE FIRST DEGREE); SECTION 135.60 (COERCION IN THE THIRD
 DEGREE);  SECTION 135.61 (COERCION IN THE SECOND DEGREE); SECTION 135.65
 (COERCION IN THE FIRST DEGREE); SECTION 140.20 (BURGLARY  IN  THE  THIRD
 DEGREE);  SECTION 140.25 (BURGLARY IN THE SECOND DEGREE); SECTION 145.00
 (CRIMINAL MISCHIEF IN  THE  FOURTH  DEGREE);  SECTION  145.05  (CRIMINAL
 MISCHIEF  IN THE THIRD DEGREE); SECTION 145.10 (CRIMINAL MISCHIEF IN THE
 SECOND DEGREE); SECTION 145.12 (CRIMINAL MISCHIEF IN THE FIRST  DEGREE);
 SECTION  145.14 (CRIMINAL TAMPERING IN THE THIRD DEGREE); SECTION 240.25
 (HARASSMENT IN THE FIRST  DEGREE);  SUBDIVISION  ONE,  TWO  OR  FOUR  OF
 SECTION 240.30 (AGGRAVATED HARASSMENT IN THE SECOND DEGREE) OF THE PENAL
 LAW;  OR  ANY  ATTEMPT  OR  CONSPIRACY  TO  COMMIT  ANY OF THE FOREGOING
 OFFENSES.
   § 2. The opening paragraph and subparagraphs (xx) and (xxi)  of  para-
 graph  (b)  of subdivision 1 of section 530.20 of the criminal procedure
 law, the opening paragraph as amended by section 3 of part UU of chapter
 56 of the laws of 2020, paragraph (xx) as amended and paragraph (xxi) as
 added by section 4 of subpart C of part UU of chapter 56 of the laws  of
 2022,  are  amended  and  a  new subparagraph (xxii) 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. The court shall explain its
 choice of release, release with conditions, bail or remand on the record
 or in writing. A principal stands charged with a qualifying offense when
 he or she stands charged with:
   (xx) any felony or class A misdemeanor involving harm to an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b  of  the  penal  law  where  such
 S. 4484                             3
 
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance ticket 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  purposes  of this subparagraph, any of the
 underlying crimes need not be a qualifying offense as  defined  in  this
 subdivision.  For  the purposes of this paragraph, "harm to an identifi-
 able person or property" shall include but not be limited to theft of or
 damage to property. However, based upon a review of the facts alleged in
 the accusatory instrument, if the court determines that  such  theft  is
 negligible  and  does  not appear to be in furtherance of other criminal
 activity, the principal shall be released on his or her own recognizance
 or under appropriate non-monetary conditions; [or]
   (xxi) criminal possession of a weapon in the third degree  as  defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of  a  firearm  to  a  minor  as  defined in section 265.16 of the penal
 law[.]; OR
   (XXI) ANY OF THE FOLLOWING AGGRAVATED FAMILY OFFENSES  AS  DEFINED  IN
 SECTION  240.75  OF  THE  PENAL  LAW  WHERE THE PRINCIPAL AND THE PERSON
 AGAINST WHOM THE OFFENSE WAS COMMITTED WERE MEMBERS OF THE  SAME  FAMILY
 OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11; AN OFFENSE
 DEFINED  IN SECTION 120.00 (ASSAULT IN THE THIRD DEGREE); SECTION 120.13
 (MENACING IN THE FIRST DEGREE); SECTION 120.14 (MENACING IN  THE  SECOND
 DEGREE);  SECTION  120.15 (MENACING IN THE THIRD DEGREE); SECTION 120.20
 (RECKLESS ENDANGERMENT IN THE SECOND DEGREE); SECTION  120.45  (STALKING
 IN  THE  FOURTH  DEGREE); SECTION 120.50 (STALKING IN THE THIRD DEGREE);
 SECTION 120.55 (STALKING IN THE SECOND DEGREE); SECTION 121.11 (CRIMINAL
 OBSTRUCTION OF BREATHING  OR  BLOOD  CIRCULATION);  SUBDIVISION  ONE  OF
 SECTION  125.15  (MANSLAUGHTER  IN  THE  SECOND  DEGREE); SECTION 135.05
 (UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE); SECTION  135.10  (UNLAWFUL
 IMPRISONMENT IN THE FIRST DEGREE); SECTION 135.60 (COERCION IN THE THIRD
 DEGREE);  SECTION 135.61 (COERCION IN THE SECOND DEGREE); SECTION 135.65
 (COERCION IN THE FIRST DEGREE); SECTION 140.20 (BURGLARY  IN  THE  THIRD
 DEGREE);  SECTION 140.25 (BURGLARY IN THE SECOND DEGREE); SECTION 145.00
 (CRIMINAL MISCHIEF IN  THE  FOURTH  DEGREE);  SECTION  145.05  (CRIMINAL
 MISCHIEF  IN THE THIRD DEGREE); SECTION 145.10 (CRIMINAL MISCHIEF IN THE
 SECOND DEGREE); SECTION 145.12 (CRIMINAL MISCHIEF IN THE FIRST  DEGREE);
 SECTION  145.14 (CRIMINAL TAMPERING IN THE THIRD DEGREE); SECTION 240.25
 (HARASSMENT IN THE FIRST  DEGREE);  SUBDIVISION  ONE,  TWO  OR  FOUR  OF
 SECTION 240.30 (AGGRAVATED HARASSMENT IN THE SECOND DEGREE) OF THE PENAL
 LAW;  OR  ANY  ATTEMPT  OR  CONSPIRACY  TO  COMMIT  ANY OF THE FOREGOING
 OFFENSES.
   § 3. The opening paragraph and paragraphs (t) and (u) of subdivision 4
 of section 530.40 of the criminal procedure law, the  opening  paragraph
 as  amended  by  section 4 of part UU of chapter 56 of the laws of 2020,
 paragraph (t) as amended and paragraph (u) as  added  by  section  4  of
 subpart  B of part UU of chapter 56 of the laws of 2022, are amended and
 a new paragraph (v) 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. The court shall explain its
 S. 4484                             4
 
 choice of release, release with conditions, bail or remand on the record
 or in writing. A principal stands charged with a qualifying offense  for
 the purposes of this subdivision when he or she stands charged with:
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined in section 265.01-b of the penal law,  provided,  however,  that
 the  prosecutor must show reasonable cause to believe that the defendant
 committed the instant crime and any underlying crime. For  the  purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  his or her own recognizance or under appropriate non-mone-
 tary conditions; [or]
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a  firearm  to a minor as defined in section 265.16 of the penal law[.];
 OR
   (V) ANY OF THE FOLLOWING AGGRAVATED  FAMILY  OFFENSES  AS  DEFINED  IN
 SECTION  240.75  OF  THE  PENAL  LAW  WHERE THE PRINCIPAL AND THE PERSON
 AGAINST WHOM THE OFFENSE WAS COMMITTED WERE MEMBERS OF THE  SAME  FAMILY
 OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11; AN OFFENSE
 DEFINED  IN SECTION 120.00 (ASSAULT IN THE THIRD DEGREE); SECTION 120.13
 (MENACING IN THE FIRST DEGREE); SECTION 120.14 (MENACING IN  THE  SECOND
 DEGREE);  SECTION  120.15 (MENACING IN THE THIRD DEGREE); SECTION 120.20
 (RECKLESS ENDANGERMENT IN THE SECOND DEGREE); SECTION  120.45  (STALKING
 IN  THE  FOURTH  DEGREE); SECTION 120.50 (STALKING IN THE THIRD DEGREE);
 SECTION 120.55 (STALKING IN THE SECOND DEGREE); SECTION 121.11 (CRIMINAL
 OBSTRUCTION OF BREATHING  OR  BLOOD  CIRCULATION);  SUBDIVISION  ONE  OF
 SECTION  125.15  (MANSLAUGHTER  IN  THE  SECOND  DEGREE); SECTION 135.05
 (UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE); SECTION  135.10  (UNLAWFUL
 IMPRISONMENT IN THE FIRST DEGREE); SECTION 135.60 (COERCION IN THE THIRD
 DEGREE);  SECTION 135.61 (COERCION IN THE SECOND DEGREE); SECTION 135.65
 (COERCION IN THE FIRST DEGREE); SECTION 140.20 (BURGLARY  IN  THE  THIRD
 DEGREE);  SECTION 140.25 (BURGLARY IN THE SECOND DEGREE); SECTION 145.00
 (CRIMINAL MISCHIEF IN  THE  FOURTH  DEGREE);  SECTION  145.05  (CRIMINAL
 MISCHIEF  IN THE THIRD DEGREE); SECTION 145.10 (CRIMINAL MISCHIEF IN THE
 SECOND DEGREE); SECTION 145.12 (CRIMINAL MISCHIEF IN THE FIRST  DEGREE);
 SECTION  145.14 (CRIMINAL TAMPERING IN THE THIRD DEGREE); SECTION 240.25
 (HARASSMENT IN THE FIRST  DEGREE);  SUBDIVISION  ONE,  TWO  OR  FOUR  OF
 SECTION 240.30 (AGGRAVATED HARASSMENT IN THE SECOND DEGREE) OF THE PENAL
 LAW;  OR  ANY  ATTEMPT  OR  CONSPIRACY  TO  COMMIT  ANY OF THE FOREGOING
 OFFENSES.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.