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A2385Assembly2019-2020 SessionSame asS1570

Restraining Orders for Offenders

Official title

“Relates to issuing restraining orders for certain offenders”

Sponsor David GanttAD-137Affects Legal
Status
Stricken
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill requires courts to issue restraining orders barring certain drug and weapon offenders from crime locations, with specific exceptions and procedures.

Why it matters

  1. Expands court authority to bar individuals charged with certain drug and weapon offenses from returning to the locations where alleged crimes occurred. this can impact a defendant’s ability to access their home, business, or neighborhood, and could disrupt established social supports or employment, especially before conviction.

  2. Includes buffer zones of up to 500 feet around crime locations. this means not only the specific site but a broader area (potentially a whole block or more) is off-limits, which may have significant effects in dense urban environments or for those with limited mobility.

  3. Restraining orders are mandatory unless the defendant can show a compelling need to access the location (e.g., residence, work, or other legitimate need), or that the order would cause serious injustice to innocent parties. this places a high burden of proof on defendants and may limit judicial discretion, making these orders a default part of release conditions.

  4. Allows public notification (posting, publishing, and distributing order details—even photos after conviction) to residents and businesses in the affected area. this could raise privacy concerns, create stigma for accused individuals, and potentially affect community relations before a case is adjudicated.

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Who cares

Headline styles

Restraining Orders for Offenders

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

Sponsors

Primary sponsor
David Gantt

Assembly Member · Assembly District 137

No co-sponsors yet.

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.

S1570Senate

Restraining Orders for Offenders

In Senate Committee · Codes · Sponsor Rich Funke

Impact 6 · Moderate0% to pass

Full text

13 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2385

2019-2020 Regular Sessions

IN ASSEMBLY

January 22, 2019

Introduced by M. of A. GANTT -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to issuing restraining orders for certain offenders

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The criminal procedure law is amended by adding a new title V to read as follows:

TITLE V

RESTRAINING ORDERS WITH RESPECT TO DEFENDANTS IN

CRIMINAL ACTIONS AND PROCEEDINGS

ARTICLE 735

RESTRAINING ORDER FROM LOCATION; DRUG RELATED OFFENSES Section 735.00 Restraining order - use of a child to commit a controlled

substance offense.

735.10 Restraining order - criminal sale of a controlled

substance in the fourth degree.

735.15 Restraining order - criminal sale of a controlled

substance to a child.

735.20 Restraining order - unlawful manufacture of methampheta-

mine in the third degree.

735.25 Restraining order - unlawful manufacture of methampheta-

mine in the second degree.

735.30 Restraining order - unlawful manufacture of methampheta-

mine in the first degree.

735.35 Restraining order - operating as a major trafficker.

735.40 Restraining order - exceptions, content, distribution,

modifications.

735.45 Certification of offense location.

735.50 Discretion to not seek restraining order.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00976-01-9

A. 2385 2

§ 735.00 Restraining order - use of a child to commit a controlled

substance offense.

1. When a person is charged with a criminal offense as defined in section 220.28 of the penal law and the person is released from custody before trial on bail or personal recognizance, the court, upon application of a law enforcement officer or prosecuting attorney and except as provided in subdivision one of section 735.40 of this article, shall as a condition of release issue an order prohibiting the person from entering any place where the crime occurred, including a buffer zone surrounding the place or modifications as provided by subdivision two of section 735.40 of this article.

2. When a person is charged with a criminal offense as defined in section 220.28 of the penal law on a summons, the court, upon application of a law enforcement officer or prosecuting attorney and except as provided in subdivision one of section 735.40 of this article, shall, at the time of the defendant's first appearance, issue an order prohibiting the person from entering any place where the crime occurred, including a buffer zone surrounding the place or modifications as provided by subdivision two of section 735.40 of this article.

3. When a person is charged with a criminal offense as defined in section 220.28 of the penal law on a juvenile delinquency complaint and is released from custody at a detention hearing, the court, upon application of a law enforcement officer or prosecuting attorney and except as provided in subdivision one of section 735.40 of this article, shall issue an order prohibiting the person from entering any place where the crime occurred, including a buffer zone surrounding the place or modifications as provided by subdivision two of section 735.40 of this article.

4. When a person is charged with a criminal offense as defined in section 220.28 of the penal law on a juvenile delinquency complaint and is released without being detained, the law enforcement officer or prosecuting attorney shall prepare an application for filing on the next day. The law enforcement officer releasing the juvenile shall serve the juvenile and his or her parent or guardian with written notice that an order shall be issued by the family court on the next court day prohibiting the juvenile from entering any place where the crime occurred including a buffer zone surrounding the place or modifications as provided by subdivision two of section 735.40 of this article. The court shall issue such order on the first court day following the release of the juvenile. If the restraints contained in the court order differ from the restraints contained in the notice, the order shall not be effective until the third court day following the issuance of the order. The juvenile may apply to the court to stay or modify the order on the grounds set forth in subdivision one of section 735.40 of this article. § 735.10 Restraining order - criminal sale of a controlled substance in

the fourth degree.

1. When a person is charged with a criminal offense as defined in section 220.34 of the penal law and the person is released from custody before trial on bail or personal recognizance, the court, upon application of a law enforcement officer or prosecuting district attorney and except as provided in subdivision one of section 735.40 of this article, shall as a condition of release issue an order prohibiting the person from entering any place where the crime occurred, including a buffer zone surrounding the place or modifications as provided by subdivision two of section 735.40 of this article.

A. 2385 3

2. When a person is charged with a criminal offense as defined in section 220.34 of the penal law on a summons, the court, upon application of a law enforcement officer or prosecuting attorney and except as provided in subdivision one of section 735.40 of this article, shall, at the time of the defendant's first appearance, issue an order prohibiting the person from entering any place where the crime occurred, including a buffer zone surrounding the place or modifications as provided by subdivision two of section 735.40 of this article.

3. When a person is charged with a criminal offense as defined in section 220.34 of the penal law on a juvenile delinquency complaint and is released from custody at a detention hearing, the court, upon application of a law enforcement officer or prosecuting attorney and except as provided in subdivision one of section 735.40 of this article, shall issue an order prohibiting the person from entering any place where the crime occurred, including a buffer zone surrounding the place or modifications as provided by subdivision two of section 735.40 of this article.

4. When a person is charged with a criminal offense as defined in section 220.34 of the penal law on a juvenile delinquency complaint and is released without being detained, the law enforcement officer or prosecuting attorney shall prepare an application for filing on the next day. The law enforcement officer releasing the juvenile shall serve the juvenile and his parent or guardian with written notice that an order shall be issued by the family court on the next court day prohibiting the juvenile from entering any place where the crime occurred including a buffer zone surrounding the place or modifications as provided by subdivision two of section 735.40 of this article. The court shall issue such order on the first court day following the release of the juvenile. If the restraints contained in the court order differ from the restraints contained in the notice, the order shall not be effective until the third court day following the issuance of the order. The juvenile may apply to the court to stay or modify the order on the grounds set forth in subdivision one of section 735.40 of this article. § 735.15 Restraining order - criminal sale of a controlled substance to

a child.

1. When a person is charged with a criminal offense as defined in section 220.48 of the penal law and the person is released from custody before trial on bail or personal recognizance, the court, upon application of a law enforcement officer or prosecuting attorney and except as provided in subdivision one of section 735.40 of this article, shall as a condition of release issue an order prohibiting the person from entering any place where the crime occurred, including a buffer zone surrounding the place or modifications as provided by subdivision two of section 735.40 of this article.

2. When a person is charged with a criminal offense as defined in section 220.48 of the penal law on a summons, the court, upon application of a law enforcement officer or prosecuting attorney and except as provided in subdivision one of section 735.40 of this article, shall, at the time of the defendant's first appearance, issue an order prohibiting the person from entering any place where the crime occurred, including a buffer zone surrounding the place or modifications as provided by subdivision two of section 735.40 of this article.

3. When a person is charged with a criminal offense as defined in section 220.48 of the penal law on a juvenile delinquency complaint and is released from custody at a detention hearing, the court, upon application of a law enforcement officer or prosecuting attorney and except

A. 2385 4

as provided in subdivision one of section 735.40 of this article, shall issue an order prohibiting the person from entering any place where the crime occurred, including a buffer zone surrounding the place or modifications as provided by subdivision two of section 735.40 of this article.

4. When a person is charged with a criminal offense as defined in section 220.48 of the penal law on a juvenile delinquency complaint and is released without being detained, the law enforcement officer or prosecuting attorney shall prepare an application for filing on the next day. The law enforcement officer releasing the juvenile shall serve the juvenile and his or her parent or guardian with written notice that an order shall be issued by the family court on the next court day prohibiting the juvenile from entering any place where the crime occurred including a buffer zone surrounding the place or modifications as provided by subdivision two of section 735.40 of this article. The court shall issue such order on the first court day following the release of the juvenile. If the restraints contained in the court order differ from the restraints contained in the notice, the order shall not be effective until the third court day following the issuance of the order. The juvenile may apply to the court to stay or modify the order on the grounds set forth in subdivision one of section 735.40 of this article. § 735.20 Restraining order - unlawful manufacture of methamphetamine in

the third degree.

1. When a person is charged with a criminal offense as defined in section 220.73 of the penal law and the person is released from custody before trial on bail or personal recognizance, the court, upon application of a law enforcement officer or prosecuting attorney and except as provided in subdivision one of section 735.40 of this article, shall as a condition of release issue an order prohibiting the person from entering any place where the crime occurred, including a buffer zone surrounding the place or modifications as provided by subdivision two of section 735.40 of this article.

2. When a person is charged with a criminal offense as defined in section 220.73 of the penal law on a summons, the court, upon application of a law enforcement officer or prosecuting attorney and except as provided in subdivision one of section 735.40 of this article, shall, at the time of the defendant's first appearance, issue an order prohibiting the person from entering any place where the crime occurred, including a buffer zone surrounding the place or modifications as provided by subdivision two of section 735.40 of this article.

3. When a person is charged with a criminal offense as defined in section 220.73 of the penal law on a juvenile delinquency complaint and is released from custody at a detention hearing, the court, upon application of a law enforcement officer or prosecuting attorney and except as provided in subdivision one of section 735.40 of this article, shall issue an order prohibiting the person from entering any place where the crime occurred, including a buffer zone surrounding the place or modifications as provided by subdivision two of section 735.40 of this article.

4. When a person is charged with a criminal offense as defined in section 220.73 of the penal law on a juvenile delinquency complaint and is released without being detained, the law enforcement officer or prosecuting attorney shall prepare an application for filing on the next day. The law enforcement officer releasing the juvenile shall serve the juvenile and his or her parent or guardian with written notice that an order shall be issued by the family court on the next court day prohib-

A. 2385 5

iting the juvenile from entering any place where the crime occurred including a buffer zone surrounding the place or modifications as provided by subdivision two of section 735.40 of this article. The court shall issue such order on the first court day following the release of the juvenile. If the restraints contained in the court order differ from the restraints contained in the notice, the order shall not be effective until the third court day following the issuance of the order. The juvenile may apply to the court to stay or modify the order on the grounds set forth in subdivision one of section 735.40 of this article. § 735.25 Restraining order - unlawful manufacture of methamphetamine in

the second degree.

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.