Bill Text: NY S07413 | 2017-2018 | General Assembly | Introduced

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Bill Title: Requires a denial of bail or being released on one's own recognizance where a person is accused of a felony domestic violence or stalking claim and has previously been convicted of a felony domestic violence or stalking offense.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-01-16 - REFERRED TO CODES [S07413 Detail]

Download: New_York-2017-S07413-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7413
                    IN SENATE
                                    January 16, 2018
                                       ___________
        Introduced  by  Sen.  FUNKE  -- 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  a
          denial  of  certain felony domestic violence or stalking bail applica-
          tions
          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 510.25 to read as follows:
     3  § 510.25 Denial of recognizance or bail; where defendant is  accused  of
     4              domestic violence or stalking with a prior conviction.
     5    Any individual arrested for a felony offense relating to: (a) domestic
     6  violence, as defined in article six-A of the social services law; or (b)
     7  stalking,  as  defined  as  stalking in the fourth degree, as defined in
     8  section 120.45 of the penal  law;  stalking  in  the  third  degree,  as
     9  defined  in  section  120.50  of  the  penal law; stalking in the second
    10  degree, as defined in section 120.55 of the penal law; and  stalking  in
    11  the first degree, as defined in section 120.60 of the penal law, and who
    12  has  previously been convicted of a felony domestic violence or stalking
    13  offense shall not be released on recognizance or bail.
    14    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13742-01-7