What's happening
This bill requires individuals arrested for domestic violence or violating protection orders to appear before a judge before bail is set.
Why it matters
Ensures judicial oversight at a critical moment. By requiring an in-person court appearance before bail is set for those accused of domestic violence or violating protection orders, the bill prioritizes victim safety and ensures a judge is aware of any immediate risks before a defendant can be released.
Mandates a thorough review of risk factors. The judge must explicitly consider the circumstances of the arrest, any prior violent offenses, and the risk the accused may pose to the victim, which could lead to more informed and cautious bail decisions in sensitive cases.
Limits pre-hearing detention. The law sets a clear maximum of twelve hours that an accused person can be held before seeing a judge, aiming to balance the rights of the accused against the need for timely judicial intervention in potentially dangerous situations.
Addresses gaps in current bail practice. By closing potential loopholes that might allow quick release of individuals accused of domestic violence without judicial review, the bill seeks to reduce the risk of further harm or intimidation toward victims during the critical hours following an arrest.
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Who cares
Headline styles
Require Judge Review for DV Bail
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
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.
Require Judge for DV Bail
In Senate Committee · Codes · Sponsor Toby Ann Stavisky
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1660
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
Introduced by M. of A. ZEBROWSKI, CAHILL, SCHIMMINGER -- Multi-Sponsored by -- M. of A. GLICK -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to requiring court review of domestic violence bail applications
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "Isol Cotto Act".
§ 2. The criminal procedure law is amended by adding a new section 510.25 to read as follows: § 510.25 Application for recognizance or bail; where defendant is
accused of domestic violence or violating an existing order
of protection.
1. Any individual arrested for an offense relating to: (a) domestic violence, as defined in section four hundred fifty-nine-a of the social services law; (b) violating an existing order of protection issued pursuant to the following provisions of law: subdivision one of section 530.11, subparagraph (i) or (ii) of paragraph (o) of subdivision one of section 330.20, section 530.12 of this chapter, orders issued pursuant to sections two hundred forty and two hundred fifty-two of the domestic relations law, articles four, five, six and eight of the family court act, and an order of protection issued by courts of competent jurisdiction in another state, territorial or tribal jurisdiction; or (c) committing a family offense as defined in subdivision one of section eight hundred twelve of the family court act shall not be released on bail until they have appeared before a judge of the court.
2. The court's review of bail, as provided for in this section, shall include but not be limited to: (a) a review of the circumstances of the arrest; (b) any prior violent offenses; and (c) the risk that the accused poses to the victim if released. Such appearance shall occur within twelve hours of arrest and in no instance may the accused be held under the provisions of this section for more than twelve hours.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04100-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.