Bill Text: NY A09369 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires court review of domestic violence bail applications.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2022-02-23 - referred to codes [A09369 Detail]
Download: New_York-2021-A09369-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9369 IN ASSEMBLY February 23, 2022 ___________ Introduced by M. of A. ZEBROWSKI, CAHILL, 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 25 within twelve hours of arrest and in no instance may the accused be held 26 under the provisions of this section for more than twelve hours. 27 § 3. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06094-01-1
