Bill Text: NY S01414 | 2011-2012 | General Assembly | Amended
Bill Title: Relates to the consideration of certain factors when determining the issuance of an order of recognizance or bail.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2012-06-21 - COMMITTED TO RULES [S01414 Detail]
Download: New_York-2011-S01414-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1414--A 2011-2012 Regular Sessions I N S E N A T E January 7, 2011 ___________ Introduced by Sens. SALAND, BALL, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- 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 consider- ation of certain factors when determining 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. Paragraph (b) of subdivision 2 of section 510.30 of the 2 criminal procedure law is relettered paragraph (c) and a new paragraph 3 (b) is added to read as follows: 4 (B) WHERE THE PRINCIPAL IS CHARGED WITH A CRIME OR CRIMES AGAINST A 5 MEMBER OR MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS THAT TERM IS 6 DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE, THE COURT 7 MUST, ON THE BASIS OF AVAILABLE INFORMATION, CONSIDER AND TAKE INTO 8 ACCOUNT THE DANGER OF INTIMIDATION OR INJURY BY THE PRINCIPAL TO A 9 WITNESS IN THE CASE, INCLUDING THE FOLLOWING FACTORS: 10 (I) ANY HISTORY OF PRIOR ACTS OF VIOLENCE OR THREATS OF VIOLENCE 11 AGAINST A WITNESS IN THE PENDING CRIMINAL ACTION; AND 12 (II) ANY ORDER OF PROTECTION ISSUED BY ANY COURT AGAINST THE PRINCIPAL 13 FOR THE PROTECTION OF A MEMBER OR MEMBERS OF THE SAME FAMILY OR HOUSE- 14 HOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF 15 THIS TITLE, WHETHER OR NOT SUCH ORDER IS CURRENTLY IN EFFECT; AND 16 (III) ANY PRIOR ARREST OR CONVICTION FOR A CRIME OR VIOLATION AGAINST 17 A 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 (IV) ANY VIOLATION OF AN ORDER OF PROTECTION ISSUED BY ANY COURT 20 AGAINST THE PRINCIPAL FOR THE PROTECTION OF A MEMBER OR MEMBERS OF THE 21 SAME FAMILY OR HOUSEHOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF 22 SECTION 530.11 OF THIS TITLE; AND 23 (V) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF A FIREARM. 24 S 2. This act shall take effect on the first of November next succeed- 25 ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05325-03-1