Bill Text: NY A03614 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires court review of domestic violence bail applications.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-07-15 - enacting clause stricken [A03614 Detail]

Download: New_York-2023-A03614-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3614

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2023
                                       ___________

        Introduced by M. of A. ZEBROWSKI, BRONSON -- Multi-Sponsored by -- M. of
          A. GLICK -- read once and referred to the Committee on Codes

        AN  ACT  to  amend  the criminal procedure law, in relation to requiring
          court review of domestic violence bail applications

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as the "Isol Cotto
     2  Act".
     3    §  2.  The  criminal  procedure law is amended by adding a new section
     4  510.25 to read as follows:
     5  § 510.25 Application  for  recognizance  or  bail;  where  defendant  is
     6             accused  of  domestic violence or violating an existing order
     7             of protection.
     8    1. Any individual arrested for an offense relating  to:  (a)  domestic
     9  violence,  as defined in section four hundred fifty-nine-a of the social
    10  services law; (b) violating  an  existing  order  of  protection  issued
    11  pursuant to the following provisions of law:  subdivision one of section
    12  530.11,  subparagraph (i) or (ii) of paragraph (o) of subdivision one of
    13  section 330.20, section 530.12 of this chapter, orders  issued  pursuant
    14  to  sections two hundred forty and two hundred fifty-two of the domestic
    15  relations law, articles four, five, six and eight of  the  family  court
    16  act,  and an order of protection issued by courts of competent jurisdic-
    17  tion in another  state,  territorial  or  tribal  jurisdiction;  or  (c)
    18  committing  a  family  offense  as defined in subdivision one of section
    19  eight hundred twelve of the family court act shall not  be  released  on
    20  bail until they have appeared before a judge of the court.
    21    2.  The court's review of bail, as provided for in this section, shall
    22  include but not be limited to: (a) a review of the circumstances of  the
    23  arrest;  (b)  any  prior  violent  offenses;  and  (c) the risk that the
    24  accused poses to the victim if released.  Such  appearance  shall  occur

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04757-01-3
        A. 3614                             2

     1  within twelve hours of arrest and in no instance may the accused be held
     2  under the provisions of this section for more than twelve hours.
     3    § 3. This act shall take effect immediately.