Bill Text: NY A03750 | 2023-2024 | General Assembly | Amended
Bill Title: Authorizes courts to hold evidentiary hearings for a temporary order of protection in certain circumstances; grants superior court judges the authority to issue a temporary order of protection when an action is pending in a local criminal court in certain circumstances.
Spectrum: Partisan Bill (Democrat 21-0)
Status: (Introduced) 2024-06-05 - reported referred to rules [A03750 Detail]
Download: New_York-2023-A03750-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3750--B 2023-2024 Regular Sessions IN ASSEMBLY February 7, 2023 ___________ Introduced by M. of A. SEPTIMO, HEVESI, JACKSON, SEAWRIGHT, KELLES, GONZALEZ-ROJAS, KIM, BURGOS, EPSTEIN, MAMDANI, DICKENS, SIMON, ZEBROW- SKI, FORREST, GALLAGHER, JACOBSON, WALKER, RAGA, REYES, PRETLOW, LEVENBERG -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, in relation to the issuance of temporary orders of protection when an action is pending in a local criminal court The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The criminal procedure law is amended by adding a new 2 section 530.15 to read as follows: 3 § 530.15 Temporary order of protection hearing. 4 Where a court has issued a temporary order of protection pursuant to 5 subdivision one of section 530.12 of this article or subdivision one of 6 section 530.13 of this article, upon application of a defendant, the 7 court shall hold an evidentiary hearing where the prosecutor must show, 8 by an articulated reasonable basis, that the temporary order of 9 protection is likely to achieve its purpose in the absence of such a 10 condition, of protecting a designated witness or complainant from intim- 11 idation or injury. 12 (a) The defendant shall be entitled to such hearing within five busi- 13 ness days of requesting such hearing. Notice must be given by the court 14 to both parties, as well as the party protected by the order of 15 protection, in advance of the hearing. Such notice shall detail the 16 rights of the protected party with respect to the hearing and describe 17 the different types of temporary orders of protection available. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06035-08-4A. 3750--B 2 1 (b) At the hearing, the prosecution must present relevant witness 2 testimony, or admissible evidence, subject to cross-examination, though 3 the witness need not be the party protected by the order. Hearsay is 4 admissible. 5 (c) The court shall state on the record or in writing its findings of 6 facts and conclusions of law, the reasons for maintaining, vacating, or 7 modifying the temporary order of protection, and, where applicable, why 8 the temporary order of protection is necessary to achieve its purpose in 9 the absence of such a condition, of protecting a designated witness or 10 complainant from intimidation or injury. 11 § 2. Section 530.30 of the criminal procedure law, the section heading 12 and subdivisions 1 and 2 as amended by section 17 of part JJJ of chapter 13 59 of the laws of 2019, the closing paragraph of subdivision 1 as 14 amended by section 7 of subpart A of part VV of chapter 56 of the laws 15 of 2023, is amended to read as follows: 16 § 530.30 Order of recognizance, release under non-monetary conditions or 17 bail or issuance of a temporary order of protection; by supe- 18 rior court judge when action is pending in local criminal 19 court. 20 1. When a criminal action is pending in a local criminal court, other 21 than one consisting of a superior court judge sitting as such, a judge 22 of a superior court holding a term thereof in the county, upon applica- 23 tion of a defendant, may order recognizance, release under non-monetary 24 conditions or, where authorized, bail when such local criminal court: 25 (a) Lacks authority to issue such an order, pursuant to the relevant 26 provisions of section 530.20 of this article; or 27 (b) Has denied an application for recognizance, release under non-mon- 28 etary conditions or bail; or 29 (c) Has fixed bail, where authorized, which is excessive; or 30 (d) Has set a securing order of release under non-monetary conditions 31 which are more restrictive than necessary to reasonably assure the 32 defendant's return to court. 33 In such case, such superior court judge may vacate the order of such 34 local criminal court and release the defendant on recognizance or under 35 non-monetary conditions, or where authorized, fix bail in a lesser 36 amount or in a less burdensome form, or order non-monetary conditions in 37 conjunction with fixing bail, including fixing bail in a lesser amount 38 or in a less burdensome form, the determination for which shall be made 39 in accordance with section 510.10 of this title. The court shall explain 40 the basis for its determination and choice of securing order on the 41 record or in writing. 42 2. When a criminal action is pending in a local criminal court, other 43 than one consisting of a superior court judge sitting as such, and the 44 local criminal court has denied a request to modify or limit a temporary 45 order of protection issued pursuant to subdivision one of section 530.12 46 of this article or subdivision one of section 530.13 of this article, 47 upon application of a defendant, a judge of the superior court holding a 48 term thereof in the county shall review the determination of the local 49 criminal court de novo and may vacate or modify the order of the local 50 criminal court. A court's failure to comply with the requirements of 51 section 530.15 of this article is reviewable under this section. 52 3. Notwithstanding the provisions of subdivision one or two of this 53 section, when the defendant is charged with a felony in a local criminal 54 court, a superior court judge may not order recognizance, release under 55 non-monetary conditions or, where authorized, bail, or vacate or modify 56 a temporary order of protection unless and until the district attorneyA. 3750--B 3 1 has had an opportunity to be heard in the matter and such judge and 2 counsel for the defendant have been furnished with a report as described 3 in subparagraph (ii) of paragraph (b) of subdivision two of section 4 530.20 of this article. 5 [3.] 4. Not more than one application may be made pursuant to each 6 subdivision of this section. 7 § 3. This act shall take effect immediately.
