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- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
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
In Assembly Committee · Codes · Sponsor Robin Schimminger
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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
This bill would require the incarceration, PENDING A BAIL REVOCATION HEARING WITHIN 72 HOURS , of a defendant at liberty on bail, upon a filing a VERIFIED STATEMENT that the defendant has intimidated a victim or witness in violation of sections 215.15, 215.16 or 215.17 of the Penal Law.
Summary of provisions
Requires committing to custody of sheriff a person against who a verified statement has been filed alleging the intimidation of a victim while on bail.
Justification
Presently, if a defendant at liberty on bail intimidates a victim or witness, until the district attorney commences a bail revocation hearing, the defendant is free to continue to stalk the crime victim or witness.
Present Criminal Procedure Law provides inadequate protection to citizens against criminals who kill or intimidate to silence witnesses against them. This was 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. Requiring a bail revocation hearing before incarcerating a defendant accused of witness or victim intimidation merely allows the defendant 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.
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.