Bill Text: NY S03066 | 2023-2024 | General Assembly | Amended

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Bill Title: Authorizes courts to hold evidentiary hearings for a temporary order of protection in certain circumstances; grants superior court judges the authority to issue a temporary order of protection when an action is pending in a local criminal court in certain circumstances.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2024-06-04 - PRINT NUMBER 3066B [S03066 Detail]

Download: New_York-2023-S03066-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3066--B

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 27, 2023
                                       ___________

        Introduced  by  Sens. RAMOS, KAVANAGH, MYRIE, RIVERA, SALAZAR, SEPULVEDA
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Codes -- recommitted to the  Committee  on  Codes  in
          accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  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  issuance
          of temporary orders of protection when an action is pending in a local
          criminal court

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The criminal procedure law  is  amended  by  adding  a  new
     2  section 530.15 to read as follows:
     3  § 530.15 Temporary order of protection hearing.
     4    Where  a  court has issued a temporary order of protection pursuant to
     5  subdivision one of section 530.12 of this article or subdivision one  of
     6  section  530.13  of  this  article, upon application of a defendant, the
     7  court shall hold an evidentiary hearing where the prosecutor must  show,
     8  by clear and convincing evidence, that the temporary order of protection
     9  is  necessary  to achieve its purpose of protecting a designated witness
    10  or complainant from intimidation or injury.
    11    (a) The defendant shall be entitled to such hearing within one hundred
    12  twenty hours of requesting such hearing or, in the event that  a  Satur-
    13  day,  Sunday,  or  legal  holiday  occurs, within one hundred forty-four
    14  hours of requesting such hearing.  Notice must be given by the court  to
    15  both parties, as well as the party protected by the order of protection,
    16  in  advance  of the hearing.  Such notice shall detail the rights of the
    17  protected party with respect to the hearing and describe  the  different
    18  types of temporary orders of protection available.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06035-06-4
        S. 3066--B                          2

     1    (b)  At  the  hearing,  the  prosecution must present relevant witness
     2  testimony, or admissible evidence, subject to cross-examination,  though
     3  the witness need not be the party protected by the order.
     4    (c)  The court shall state on the record or in writing its findings of
     5  facts and conclusions of law, the reasons for maintaining, vacating,  or
     6  modifying  the temporary order of protection, and, where applicable, why
     7  the temporary order of protection is necessary to achieve its purpose of
     8  protecting a designated witness  or  complainant  from  intimidation  or
     9  injury.
    10    § 2. Section 530.30 of the criminal procedure law, the section heading
    11  and subdivisions 1 and 2 as amended by section 17 of part JJJ of chapter
    12  59  of  the  laws  of  2019,  the  closing paragraph of subdivision 1 as
    13  amended by section 7 of subpart A of part VV of chapter 56 of  the  laws
    14  of 2023, is amended to read as follows:
    15  § 530.30 Order of recognizance, release under non-monetary conditions or
    16             bail or issuance of a temporary order of protection; by supe-
    17             rior  court  judge  when  action is pending in local criminal
    18             court.
    19    1. When a criminal action is pending in a local criminal court,  other
    20  than  one  consisting of a superior court judge sitting as such, a judge
    21  of a superior court holding a term thereof in the county, upon  applica-
    22  tion  of a defendant, may order recognizance, release under non-monetary
    23  conditions or, where authorized, bail when such local criminal court:
    24    (a) Lacks authority to issue such an order, pursuant to  the  relevant
    25  provisions of section 530.20 of this article; or
    26    (b) Has denied an application for recognizance, release under non-mon-
    27  etary conditions or bail; or
    28    (c) Has fixed bail, where authorized, which is excessive; or
    29    (d)  Has set a securing order of release under non-monetary conditions
    30  which are more restrictive  than  necessary  to  reasonably  assure  the
    31  defendant's return to court.
    32    In  such  case, such superior court judge may vacate the order of such
    33  local criminal court and release the defendant on recognizance or  under
    34  non-monetary  conditions,  or  where  authorized,  fix  bail in a lesser
    35  amount or in a less burdensome form, or order non-monetary conditions in
    36  conjunction with fixing bail, including fixing bail in a  lesser  amount
    37  or  in a less burdensome form, the determination for which shall be made
    38  in accordance with section 510.10 of this title. The court shall explain
    39  the basis for its determination and choice  of  securing  order  on  the
    40  record or in writing.
    41    2.  When a criminal action is pending in a local criminal court, other
    42  than one consisting of a superior court judge sitting as such,  and  the
    43  local criminal court has denied a request to modify or limit a temporary
    44  order of protection issued pursuant to subdivision one of section 530.12
    45  of  this  article  or subdivision one of section 530.13 of this article,
    46  upon application of a defendant, a judge of the superior court holding a
    47  term thereof in the county shall review the determination of  the  local
    48  criminal  court  de novo and may vacate or modify the order of the local
    49  criminal court. A court's failure to comply  with  the  requirements  of
    50  section 530.15 of this article is reviewable under this section.
    51    3.  Notwithstanding  the  provisions of subdivision one or two of this
    52  section, when the defendant is charged with a felony in a local criminal
    53  court, a superior court judge may not order recognizance, release  under
    54  non-monetary  conditions or, where authorized, bail, or vacate or modify
    55  a temporary order of protection unless and until the  district  attorney
    56  has  had  an  opportunity  to  be heard in the matter and such judge and
        S. 3066--B                          3

     1  counsel for the defendant have been furnished with a report as described
     2  in subparagraph (ii) of paragraph (b)  of  subdivision  two  of  section
     3  530.20 of this article.
     4    [3.]  4.  Not  more  than one application may be made pursuant to each
     5  subdivision of this section.
     6    § 3. This act shall take effect immediately.