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S5552Senate2009-2010 SessionSame asA2022

Relates to the issuance of family offense appearance tickets for family offenses

Sponsor Suzi OppenheimerSD-37+1 co-sponsorAffects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Sponsors

Primary sponsor
Suzi Oppenheimer

Senator · Senate District 37

1 Co-sponsor

History

  1. Referred to codes
  2. 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.

A2022Assembly

Relates to the issuance of family offense appearance tickets for family offenses

In Assembly Committee · Codes · Sponsor Susan John

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 and the penal law, in relation to the issuance of family offense appearance tickets for family offenses

Purpose or general idea of bill

The purpose of this measure is to protect accuser-victims of family offenses from retaliation by their alleged attackers.

Summary of specific provisions

Section one of this measure amends subdivisions 2 and 3 of § 140.20 of the Criminal Procedure Law, to include arrests made pursuant to family offenses as defined in § 530.11 of the Criminal Procedure Law. Section one also adds a new 3-a to this section, which requires the issuance of a "family offense appearance ticket" when an appearance ticket is issued after an arrest for family offenses as defined in § 530.11 of the Criminal Procedure Law. Section two of the measure makes similar amendments to subdivisions 3 and 4 of § 140.27 of the Criminal Procedure Law. Section three of the bill adds a new subdivision 44 to § 1.20 of the Criminal Procedure Law, defining "family offense appearance ticket" as an appearance ticket which directs the subject not to have contact with the complaining witness prior to their appearance in court. Section four of the bill amends subdivision one of § 150.20 of the Criminal Procedure Law, to provide that if an appearance ticket is issued for a family offense, it shall be in the form of a "family offense appearance ticket." Section five of the measure adds a new section 215.85 of the Penal Law, establishing the penalties for failure to comply with a "family offense appearance ticket." Failure to appear personally on the return date or within thirty days after is a violation. Failure to comply with the direction not to have contact with the complaining witness is a class B misdemeanor.

Read the full memo (660 words)

Justification

Under current State law, a person arrested for a domestic violence offense does not face a mandatory arraignment for committing such offense. Instead, a police officer may issue and serve an appearance ticket upon the arrested person and release him from custody.

While the State's domestic violence laws mandate arrests for all felony and misdemeanor domestic violence cases, they do not mandate an immediate arraignment for every misdemeanor or felony family offense arrest. Without a mandatory arraignment policy, victims have no way of protecting themselves. They can't obtain an order of protection until an arraignment is made, which can, often times take weeks. In the meantime, victims are left vulnerable to further instances of abuse.

A case in Henrietta, New York, highlighted the existing loophole in domestic violence law designed to protect victims of domestic abuse. On the evening of February 23, 1999, a Henrietta man tipped a table on his 77 year-old father, struck him in the head and body with an umbrella, and threw things at him. When deputies arrived on the scene, they arrested the 49 year-old man and charged him with 3rd degree menacing. Third degree menacing is listed as a mandatory arrest under New York State's domestic violence laws. However, when deputies called a local town justice, he chose not to arraign the man and instructed deputies to issue an appearance ticket. The man was then released from custody.

This legislation would close the existing loophole by mandating the issuance of a ~family offense appearance ticket~ for all domestic violence offenses where an appearance ticket is issued. The issuance of such an appearance ticket would forbid contact between the alleged violators and their victims prior to their arraignment, essentially serving the purpose of an order of protection until one can be made upon their arraignment.

Legislative history

A.1587 of 2003-04: Referred to Codes; A.3757 of 2005-06: Referred to Codes; A.6074 of 2007-08: Referred to Codes

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become law.

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