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History
- 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.
Creates a provision requiring court review of domestic violence bail applications
In Assembly Committee · Codes · Sponsor Kenneth Zebrowski
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3183
Title of bill
An act to amend the criminal procedure law, in relation to requiring court review of domestic violence bail applications
Purpose of the bill
This act shall be known as the Isol Cotto Act. This bill will create a provision requiring domestic violence defendants to appear before a judge prior to release on bail.
Summary of provisions
Section 1 states that this act shall be known as the Isol Cotto Act.
Section 2 of the bill creates section 510.25 of the criminal procedure law that mandates an individual arrested for a domestic violence offense shall not be released on bail until they have appeared before a judge. The court shall assess the risk to the victim in the review of the bail application. If there is no appearance before a judge within 12 hours of the arrest then the accused shall be released on bail.
Justification
This bill requires that an individual arrested for certain domestic violence offenses appear before a judge prior to being released on bail. The intimacy involved in domestic violence makes it different than other crimes. Often times the victim and the accused live together, therefore, when a person is released on bail they immediately come into contact with the victim. The victim may now be at a higher risk for abuse just for reporting the crime.
To lessen this risk a judge should be required to review the circumstances of the case before setting bail. In the case that the accused is unable to appear before the judge then they will be released after 12 hours. The 12 hour period gives both the victim and the accused time apart before they come into contact again. We must ensure that an individual arrested for domestic abuse is safe to return home and not a risk to the victim.
Prior legislative history
Previously introduced.
Fiscal implications for state
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.