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A8655Assembly2009-2010 SessionSame asS1805

Requires committing to custody of sheriff a person against whom a verified statement has been filed alleging the intimidation of a victim or a witness while on bail

Sponsor Robin SchimmingerAD-140+1 co-sponsorAffects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Who cares

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Sponsors

Primary sponsor
Robin Schimminger

Assembly Member · Assembly District 140

1 Co-sponsor

History

  1. Referred to codes
  2. Referred to codes

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A8655

Title of bill

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

Purpose of the bill

This bill would require the incarceration, pending a bail revocation hearing within 72 hours, of a defendant at liberty on bail, upon the filing of a verified statement that the defendant has intimidated a victim or witness in violations of section 215.15, 215.16 or 215.17 of the Penal Law.

Summary of specific provisions

§1-Amends paragraph (c) of subdivision 2 of section 530.60 of the Crimi- nal Procedure Law.

§2-Effective date.

Justification

Presently, if a defendant at liberty on bail intimidates a victim or witness, until the district attorney commences a bail revo- cation hearing, the defendant is free to continue to stalk the crime victim or witness.

As illustrated by the killing of Bonnie Mejia of Freeport, New York, a Queens College student who was killed by two out-on-bail defendants against whom she was to testify in a robbery and burglary case, present Criminal Procedures Law provides inadequate protection to citizens against criminals who kill or intimidate to silence the witness against them. Requiring a bail revocation hearing before incarcerating a defend- ant accused of witness or victim intimidation merely allows the defend- ant more time to silence an opposing witness or crime victim. Instead, and in order to provide crime victims and witnesses with a meaningful form of protection against intimidation, the state should remove the threatening defendant from the streets and mandate incarceration pending the bail revocation hearing. This legislation would effect such a change in the Criminal Procedure Law.

Prior legislative history

2007-2008: A.3892/S.1346; 2005-2006: A.3316/S.280; 2003-2004: A.1592/S.942.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.