Bill Text: NY A06775 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 6775 (Prior Session Legislation)

Introduced

Bill Title: Relates to factors for the issuance of an order of recognizance or bail.

Spectrum: Moderate Partisan Bill (Democrat 19-6)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A06775 Detail]

Download: New_York-2015-A06775-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6775
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     April 2, 2015
                                      ___________
       Introduced by M. of A. PAULIN -- read once and referred to the Committee
         on Codes
       AN  ACT  to amend the criminal procedure law, in relation to factors for
         the issuance of an order of recognizance or bail
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subparagraph  (vii)  of paragraph (a) of subdivision 2 of
    2  section 510.30 of the criminal procedure law, as added by section  1  of
    3  part  D  of  chapter  491  of  the  laws  of 2012, is amended to read as
    4  follows:
    5    (vii) Where the principal is charged with a crime or crimes against  a
    6  member  or  members  of  the  same  family  or household as that term is
    7  defined in subdivision one of section 530.11 of this title, the  follow-
    8  ing factors:
    9    (A)  ANY  HISTORY  OF  PRIOR  ACTS  OF VIOLENCE OR THREATS OF VIOLENCE
   10  AGAINST A WITNESS IN THE PENDING CRIMINAL ACTION; AND
   11    (B) ANY ORDER OF PROTECTION ISSUED BY ANY COURT AGAINST THE  PRINCIPAL
   12  FOR  THE  PROTECTION OF A MEMBER OR MEMBERS OF THE SAME FAMILY OR HOUSE-
   13  HOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE  OF  SECTION  530.11  OF
   14  THIS  TITLE,  WHETHER  OR  NOT  SUCH ORDER OF PROTECTION IS CURRENTLY IN
   15  EFFECT; AND
   16    (C) ANY PRIOR ARREST OR CONVICTION FOR A CRIME OR VIOLATION AGAINST  A
   17  MEMBER  OR  MEMBERS  OF  THE  SAME  FAMILY  OR HOUSEHOLD AS THAT TERM IS
   18  DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE; AND
   19    (D) any violation by the principal of an order of protection issued by
   20  any court for the protection of a member or members of the  same  family
   21  or  household  as  that  term  is  defined in subdivision one of section
   22  530.11 of this title,  whether  or  not  such  order  of  protection  is
   23  currently in effect; and
   24    [(B)]  (E)  the principal's history of use or possession of a firearm;
   25  and
   26    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   27  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10248-01-5