What's happening
This bill requires individuals arrested for certain domestic violence offenses or order of protection violations to appear before a judge for bail review within 12 hours.
Why it matters
Ensures judicial oversight in domestic violence and order of protection cases. By mandating a judge’s review before bail can be set or release granted, the bill adds a safeguard against automatic or administrative release in cases involving domestic violence or violations of protection orders.
Prioritizes victim safety. The judge must specifically consider the circumstances of the arrest, any prior violent offenses, and the risk to the victim, aiming to reduce the likelihood that an accused individual could quickly return and potentially endanger the victim.
Standardizes and expedites judicial process. The law requires this review to happen within 12 hours of arrest, which both limits unnecessary detention for the accused and ensures timely judicial involvement, potentially preventing delays that could lead to further harm or undermine due process.
Expands coverage to out-of-state and tribal protection orders. The bill explicitly includes violations of orders of protection issued by courts in other states or tribal jurisdictions, strengthening the legal response to interstate and cross-jurisdictional domestic violence cases.
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Who cares
Headline styles
Court Review for DV Bail
Plain English, a few words. Used as the page title.
Sponsors
3 Co-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 Review 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
1892
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
Introduced by M. of A. ZEBROWSKI, CAHILL, SCHIMMINGER, BRONSON -- 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.
LBD01565-01-9
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.