Bill Text: NY S08688 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to factors for the issuance of an order of recognizance or bail.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-05-10 - REFERRED TO CODES [S08688 Detail]

Download: New_York-2017-S08688-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8688
                    IN SENATE
                                      May 10, 2018
                                       ___________
        Introduced  by  Sen.  SERINO -- 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  factors  for
          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. Subparagraph (vii) of paragraph (a)  of  subdivision  2  of
     2  section  510.30  of the criminal procedure law, as added by section 1 of
     3  part D of chapter 491 of the  laws  of  2012,  is  amended  to  read  as
     4  follows:
     5    (vii)  Where the principal is charged with a crime or crimes against a
     6  member or members of the same  family  or  household  as  that  term  is
     7  defined  in subdivision one of section 530.11 of this title, the follow-
     8  ing factors:
     9    (A) any history of prior acts  of  violence  or  threats  of  violence
    10  against a witness in the pending criminal action; and
    11    (B)  any order of protection issued by any court against the principal
    12  for the protection of a member or members of the same family  or  house-
    13  hold  as  that  term  is defined in subdivision one of section 530.11 of
    14  this title, whether or not such order  of  protection  is  currently  in
    15  effect; and
    16    (C)  any prior arrest or conviction for a crime or violation against a
    17  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    (D) any violation by the principal of an order of protection issued by
    20  any  court  for the protection of a member or members of the same family
    21  or household as that term is  defined  in  subdivision  one  of  section
    22  530.11  of  this  title,  whether  or  not  such  order of protection is
    23  currently in effect; and
    24    [(B)] (E) the principal's history of use or possession of  a  firearm;
    25  and
    26    §  2.  This  act  shall take effect on the sixtieth day after it shall
    27  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06333-01-7