Bill Text: NY A05940 | 2011-2012 | General Assembly | Introduced


Bill Title: Relates to the issuance of family offense appearance tickets for family offenses.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A05940 Detail]

Download: New_York-2011-A05940-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5940
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 3, 2011
                                      ___________
       Introduced  by  M.  of A. BRONSON, STEVENSON, N. RIVERA -- read once and
         referred to the Committee on Codes
       AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
         relation  to  the  issuance  of  family offense appearance tickets for
         family offenses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivisions  2  and  3 of section 140.20 of the criminal
    2  procedure law, as amended by chapter  550  of  the  laws  of  1987,  are
    3  amended and a new subdivision 3-a is added to read as follows:
    4    2.  If  the  arrest  is for an offense other than a class A, B, C or D
    5  felony or a violation of section 130.25, 130.40, 205.10, 205.17,  205.19
    6  or  215.56 of the penal law OR A FAMILY OFFENSE AS DESCRIBED IN SUBDIVI-
    7  SION ONE OF SECTION 530.11 OF THIS CHAPTER, the arrested person need not
    8  be brought before a local criminal court as provided in subdivision  one
    9  OF THIS SECTION, and the procedure may instead be as follows:
   10    (a) A police officer may issue and serve an appearance ticket upon the
   11  arrested  person  and  release him OR HER from custody, as prescribed in
   12  subdivision two of section 150.20 OF THIS TITLE; or
   13    (b) The desk officer in charge at a police  station,  county  jail  or
   14  police  headquarters,  or  any  of his OR HER superior officers, may, in
   15  such place fix pre-arraignment bail and, upon deposit thereof, issue and
   16  serve an appearance ticket upon the arrested person and release  him  OR
   17  HER from custody, as prescribed in section 150.30 OF THIS TITLE.
   18    3. If (a) the arrest is for an offense other than a class A, B, C or D
   19  felony  or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
   20  or 215.56 of the penal law OR A FAMILY OFFENSE AS DESCRIBED IN  SUBDIVI-
   21  SION  ONE  OF  SECTION 530.11 OF THIS CHAPTER, and (b) owing to unavail-
   22  ability of a local criminal court the arresting police officer is unable
   23  to bring the arrested person before such a court with reasonable prompt-
   24  ness, either an appearance ticket must be  served  unconditionally  upon
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08160-01-1
       A. 5940                             2
    1  the arrested person or pre-arraignment bail must be fixed, as prescribed
    2  in  subdivision  two  OF THIS SECTION.  If pre-arraignment bail is fixed
    3  but not posted, such arrested person may be temporarily held in  custody
    4  but  must  be  brought before a local criminal court without unnecessary
    5  delay.  Nothing contained in this subdivision requires a police  officer
    6  to  serve an appearance ticket upon an arrested person or release him OR
    7  HER from custody at a time when such person  appears  to  be  under  the
    8  influence  of alcohol, narcotics or other drug to the degree that he may
    9  endanger himself, HERSELF or other persons.
   10    3-A. IF THE ARREST IS MADE FOR A FAMILY OFFENSE AS DESCRIBED IN SUBDI-
   11  VISION ONE OF SECTION 530.11 OF THIS CHAPTER AND AN APPEARANCE TICKET IS
   12  ISSUED, THE APPEARANCE TICKET SHALL BE IN THE FORM OF A  FAMILY  OFFENSE
   13  APPEARANCE  TICKET  AS DEFINED IN SUBDIVISION FORTY-FOUR OF SECTION 1.20
   14  OF THIS CHAPTER.
   15    S 2. Subdivisions 3 and 4 of section 140.27 of the criminal  procedure
   16  law,  as amended by chapter 550 of the laws of 1987, are amended to read
   17  as follows:
   18    3. If (a) the arrest is for an offense other than a class A, B, C or D
   19  felony or a violation of section 130.25, 130.40, 205.10, 205.17,  205.19
   20  or  215.56 of the penal law OR A FAMILY OFFENSE AS DESCRIBED IN SUBDIVI-
   21  SION ONE OF SECTION 530.11 OF THIS CHAPTER and (b) owing to unavailabil-
   22  ity of a local criminal court such peace officer is unable to  bring  or
   23  cause the arrested person to be brought before such a court with reason-
   24  able  promptness,  the arrested person must be brought to an appropriate
   25  police station, county jail or police headquarters where he OR SHE  must
   26  be  dealt  with in the manner prescribed in subdivision three OR THREE-A
   27  of section 140.20 OF THIS ARTICLE, as if he OR SHE had been arrested  by
   28  a police officer.
   29    4.  If  the  arrest  is for an offense other than a class A, B, C or D
   30  felony or a violation of section 130.25, 130.40, 205.10, 205.17,  205.19
   31  or  215.56 of the penal law OR A FAMILY OFFENSE AS DESCRIBED IN SUBDIVI-
   32  SION ONE OF SECTION 530.11 OF THIS CHAPTER, the arrested person need not
   33  be brought before a local criminal court as provided in subdivision  two
   34  OF THIS SECTION, and the procedure may instead be as follows:
   35    (a)  The arresting peace officer, where he OR SHE is specially author-
   36  ized by law to issue and serve an appearance ticket, may issue and serve
   37  an appearance ticket upon the arrested person and  release  him  OR  HER
   38  from custody; [or]
   39    (b)  The  arresting  peace  officer,  where he OR SHE is not specially
   40  authorized by law to issue and serve an appearance  ticket,  may  enlist
   41  the  aid  of  a  police  officer and request that such officer issue and
   42  serve an appearance ticket upon the arrested person, and upon such issu-
   43  ance and service the latter must be released from custody[.]; OR
   44    (C) IF THE ARREST IS MADE FOR A FAMILY OFFENSE AS DESCRIBED IN  SUBDI-
   45  VISION ONE OF SECTION 530.11 OF THIS CHAPTER AND AN APPEARANCE TICKET IS
   46  ISSUED,  THE  APPEARANCE TICKET SHALL BE IN THE FORM OF A FAMILY OFFENSE
   47  APPEARANCE TICKET AS DEFINED IN SUBDIVISION FORTY-FOUR OF  SECTION  1.20
   48  OF THIS CHAPTER.
   49    S 3. Section 1.20 of the criminal procedure law is amended by adding a
   50  new subdivision 44 to read as follows:
   51    44.  "FAMILY OFFENSE APPEARANCE TICKET" IS AN APPEARANCE TICKET ISSUED
   52  TO  A  PERSON  ALLEGING  HIS  OR  HER COMMISSION OF A FAMILY OFFENSE, AS
   53  DESCRIBED IN SUBDIVISION ONE OF SECTION 530.11 OF  THIS  CHAPTER,  WHICH
   54  CONTAINS  A  DIRECTION  TO  SUCH  PERSON  NOT  TO  HAVE CONTACT WITH THE
   55  COMPLAINING WITNESS PRIOR TO HIS OR HER APPEARANCE IN COURT.
       A. 5940                             3
    1    S 4. Subdivision 1 of section 150.20 of the criminal procedure law, as
    2  amended by chapter 550 of the laws  of  1987,  is  amended  to  read  as
    3  follows:
    4    1.  Whenever a police officer is authorized pursuant to section 140.10
    5  OF THIS PART to arrest a person without a warrant for an  offense  other
    6  than  a  class  A,  B,  C  or D felony or a violation of section 130.25,
    7  130.40, 205.10, 205.17, 205.19 or 215.56 of the penal  law,  he  OR  SHE
    8  may, subject to the provisions of subdivisions three and four of section
    9  150.40  OF  THIS ARTICLE, instead issue to and serve upon such person an
   10  appearance ticket, PROVIDED HOWEVER, THAT IF THE  APPEARANCE  TICKET  IS
   11  ISSUED  FOR  A FAMILY OFFENSE AS DESCRIBED IN SUBDIVISION ONE OF SECTION
   12  530.11 OF THIS CHAPTER, THE APPEARANCE TICKET SHALL BE IN THE FORM OF  A
   13  FAMILY OFFENSE APPEARANCE TICKET AS DEFINED IN SUBDIVISION FORTY-FOUR OF
   14  SECTION 1.20 OF THIS CHAPTER.
   15    S  5.  The penal law is amended by adding a new section 215.85 to read
   16  as follows:
   17  S 215.85 FAILING TO COMPLY WITH A FAMILY OFFENSE APPEARANCE TICKET.
   18    1. A PERSON IS GUILTY OF FAILING  TO  COMPLY  WITH  A  FAMILY  OFFENSE
   19  APPEARANCE  TICKET  WHEN,  HAVING  BEEN  PERSONALLY SERVED WITH A FAMILY
   20  OFFENSE APPEARANCE  TICKET,  AS  DEFINED  IN  SUBDIVISION  TWO  OF  THIS
   21  SECTION,  BASED  UPON HIS OR HER ALLEGED COMMISSION OF A FAMILY OFFENSE,
   22  HE OR SHE EITHER:
   23    (A) DOES NOT APPEAR PERSONALLY IN  THE  COURT  IN  WHICH  SUCH  FAMILY
   24  OFFENSE  APPEARANCE  TICKET  IS RETURNABLE ON THE RETURN DATE THEREOF OR
   25  VOLUNTARILY WITHIN THIRTY DAYS THEREAFTER; OR
   26    (B) INTENTIONALLY FAILS TO COMPLY WITH THE DIRECTION CONTAINED IN  THE
   27  FAMILY  COURT APPEARANCE TICKET NOT TO HAVE CONTACT WITH THE COMPLAINING
   28  WITNESS PRIOR TO HIS OR HER APPEARANCE IN COURT.
   29    2. AS USED IN THIS SECTION, A FAMILY OFFENSE APPEARANCE TICKET MEANS A
   30  WRITTEN NOTICE, WHETHER REFERRED TO AS A SUMMONS OR BY ANY  OTHER  NAME,
   31  ISSUED  BY  A POLICE OFFICER, PEACE OFFICER OR OTHER NON-JUDICIAL PUBLIC
   32  SERVANT AUTHORIZED BY LAW TO ISSUE  THE  SAME,  DIRECTING  A  DESIGNATED
   33  PERSON  TO  APPEAR  IN A DESIGNATED COURT AT A DESIGNATED FUTURE TIME IN
   34  CONNECTION WITH A CRIMINAL ACTION TO BE INSTITUTED IN  SUCH  COURT  WITH
   35  RESPECT  TO  HIS  OR  HER  ALLEGED  COMMISSION  OF  A  FAMILY OFFENSE AS
   36  DESCRIBED IN SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE
   37  LAW, AND FURTHER DIRECTING SUCH PERSON NOT  TO  HAVE  CONTACT  WITH  THE
   38  COMPLAINING WITNESS PRIOR TO HIS OR HER APPEARANCE IN COURT.
   39    FAILING  TO  COMPLY  WITH  PARAGRAPH  (A)  OF  SUBDIVISION ONE OF THIS
   40  SECTION IS A VIOLATION. FAILING TO COMPLY WITH PARAGRAPH (B) OF SUBDIVI-
   41  SION ONE OF THIS SECTION IS A CLASS B MISDEMEANOR.
   42    S 6. This act shall take effect on the first of November next succeed-
   43  ing the date on which it shall have become a law.
feedback