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A2411Assembly2017-2018 SessionSame asS8688

Tougher Bail Rules for Abusers

Official title

“Relates to factors for the issuance of an order of recognizance or bail”

Sponsor Amy PaulinAD-88+19 co-sponsorsAffects Legal
Status
Stricken
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

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

  1. 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.

  2. 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.

  3. 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.

  4. 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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Tougher Bail Rules for Abusers

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Enacting clause stricken
  2. Referred to codes
  3. 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.

S8688Senate

Tougher Bail for Family Crimes

In Senate Committee · Codes · Sponsor Susan Serino

Impact 4 · Low0% to pass

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.