Bill Text: NY S02930 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires the incarceration of a defendant, pending a bail revocation hearing, upon filing of a statement alleging the intimidation of a victim or witness while such defendant was at liberty on bail; requires revocation hearing within 72 hours.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S02930 Detail]

Download: New_York-2011-S02930-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2930
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 3, 2011
                                      ___________
       Introduced  by Sens. JOHNSON, BONACIC -- read twice and ordered printed,
         and when printed to be committed to the Committee on Codes
       AN ACT to amend the criminal procedure law,  in  relation  to  requiring
         certain  persons  be committed to the custody of the sheriff pending a
         hearing on revocation of bail
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (c)  of subdivision 2 of section 530.60 of the
    2  criminal procedure law, as added by chapter 788 of the laws of 1981,  is
    3  amended to read as follows:
    4    (c)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    5  sion a defendant, against whom a felony complaint has been  filed  which
    6  charges  the  defendant  with  commission of a class A or violent felony
    7  offense committed while he OR SHE was at liberty as  specified  therein,
    8  [may]  OR AGAINST WHOM A VERIFIED STATEMENT HAS BEEN FILED WHICH ALLEGES
    9  THAT THE DEFENDANT HAS INTIMIDATED A VICTIM OR WITNESS IN  VIOLATION  OF
   10  SECTION  215.15,  215.16  OR  215.17  OF THE PENAL LAW WHILE AT LIBERTY,
   11  UNLESS THE COURT SHALL OTHERWISE MAKE A FINDING ON THE RECORD, SHALL  be
   12  committed to the custody of the sheriff pending a revocation hearing for
   13  a  period  not  to exceed seventy-two hours. An additional period not to
   14  exceed seventy-two hours may be granted by the court upon application of
   15  the district attorney upon a showing of good cause or where the  failure
   16  to  commence  the hearing was due to the defendant's request or occurred
   17  with his consent. Such good cause must consist of some  compelling  fact
   18  or  circumstance  which  precluded  conducting  the  hearing  within the
   19  initial prescribed period.
   20    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07071-01-1