What's happening
This bill expands the factors judges must consider when setting bail or recognizance for domestic violence cases, including prior violence, protection orders, and related arrests or convictions.
Why it matters
Expands judicial review to include a broader history of violence or threats. Judges must now consider not just current charges, but any history the accused has of violence or threats against witnesses in the pending case, reflecting a more comprehensive risk assessment.
Requires attention to past and present protection orders. The bill instructs judges to factor in any order of protection—regardless of whether it is currently active—when determining bail or recognizance, highlighting ongoing or prior concerns for victim safety.
Mandates review of related prior arrests and convictions. Judges must look at any previous arrests or convictions involving domestic violence, ensuring past behavior patterns are considered in decisions that could affect victim and public safety.
May result in stricter pre-trial conditions for repeat or high-risk offenders. By explicitly broadening the scope of information judges must weigh, this law could lead to higher bail or more restrictive release terms for those with documented histories of domestic violence, aiming to better protect victims and prevent escalation.
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Who cares
Headline styles
Tougher Bail Rules for Abusers
Plain English, a few words. Used as the page title.
Sponsors
19 Co-sponsors
4 Multi-sponsors
History
- Enacting clause stricken
- 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.
Tougher Bail for Family Crimes
In Senate Committee · Codes · Sponsor Susan Serino
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2411
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
Introduced by M. of A. PAULIN, GOTTFRIED, JAFFEE, SCHIMMINGER, MOSLEY, SKOUFIS, PICHARDO, MAGNARELLI, CRESPO, FAHY, BARRON, SIMON, BLAKE, WALTER, RAIA, CROUCH, GALEF, HOOPER, ARROYO -- Multi-Sponsored by -- M. of A. COOK, FRIEND, GIGLIO, THIELE -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to factors for the issuance of an order of recognizance or bail
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (vii) of paragraph (a) of subdivision 2 of section 510.30 of the criminal procedure law, as added by section 1 of part D of chapter 491 of the laws of 2012, is amended to read as follows:
(vii) Where the principal is charged with a crime or crimes against a member or members of the same family or household as that term is defined in subdivision one of section 530.11 of this title, the following factors:
(A) any history of prior acts of violence or threats of violence against a witness in the pending criminal action; and
(B) any order of protection issued by any court against the principal for the protection of a member or members of the same family or household as that term is defined in subdivision one of section 530.11 of this title, whether or not such order of protection is currently in effect; and
(C) any prior arrest or conviction for a crime or violation against a member or members of the same family or household as that term is defined in subdivision one of section 530.11 of this title; and
(D) any violation by the principal of an order of protection issued by any court for the protection of a member or members of the same family or household as that term is defined in subdivision one of section
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06333-01-7
A. 2411 2
530.11 of this title, whether or not such order of protection is currently in effect; and
[(B)] (E) the principal's history of use or possession of a firearm; and
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
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.