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S1270Senate2019-2020 Session

No Bail for Repeat Abusers

Official title

“Relates to requiring a denial of certain felony domestic violence or stalking bail applications”

Sponsor Rich FunkeSD-55Affects Legal
Status
In Senate Committee
Codes
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill requires denying bail or release for individuals arrested for certain felony domestic violence or stalking offenses with prior similar convictions.

Why it matters

  1. Mandates stricter pretrial detention for repeat offenders. This bill targets individuals arrested for serious domestic violence or stalking felonies who also have prior felony convictions for similar offenses, effectively removing the option for pretrial release on bail or recognizance.

  2. Aims to enhance victim protection and public safety. By denying bail or release for those with a history of violent or stalking behavior, the legislation seeks to reduce the risk of repeat offenses and further harm to victims while legal proceedings are ongoing.

  3. Narrows judicial discretion in bail decisions. Judges would have no authority to consider individual circumstances or mitigating factors for release in these specific cases, signaling a legislative priority for community safety over case-by-case assessment for this group of offenders.

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Who cares

Headline styles

No Bail for Repeat Abusers

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

Sponsors

Primary sponsor
Rich Funke

Senator · Senate District 55

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1270

2019-2020 Regular Sessions

IN SENATE

January 11, 2019

Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to requiring a denial of certain felony domestic violence or stalking bail applications

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 section 510.25 to read as follows: § 510.25 Denial of recognizance or bail; where defendant is accused of

domestic violence or stalking with a prior conviction.

Any individual arrested for a felony offense relating to: (a) domestic violence, as defined in article six-A of the social services law; or (b) stalking, as defined as stalking in the fourth degree, as defined in section 120.45 of the penal law; stalking in the third degree, as defined in section 120.50 of the penal law; stalking in the second degree, as defined in section 120.55 of the penal law; and stalking in the first degree, as defined in section 120.60 of the penal law, and who has previously been convicted of a felony domestic violence or stalking offense shall not be released on recognizance or bail.

§ 2. This act shall take effect immediately.

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

[ ] is old law to be omitted.

LBD07184-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the criminal procedure law, in relation to requiring a denial of certain felony domestic violence or stalking bail applications

Purpose

To deny recognizance or bail where a defendant is accused of domestic violence or stalking with a prior conviction.

Summary of provisions

Section 1: Amends the criminal procedure law by adding a new section 510.25; which would deny bail where the defendant is accused of domestic violence or stalking with a prior conviction.

Section 2: Establishes the effective date.

Justification

According to Futures Without Violence, in the United States, 1 in 6 women have been stalked at least once in their lifetime and nearly 1 in 3 women have experienced physical violence by an intimate partner in their lives. In stalking and domestic violence cases, the biggest predictor of whether or not someone will perpetuate continued acts of violence is whether they have committed previous acts of violence against women. There was a recent study which found that individuals with a history of physical violence against their partners are 13 times more likely to commit future acts of physical aggression compared to those who have never committed.

According to the National Domestic Violence Hotline, most female victims of intimate partner violence were previously victimized by the same offender, which is why this legislation is imperative. We know that someone convicted of a prior felony stalking or domestic violence offense is more likely to recommit than someone with no history. In the case of stalking, two-thirds of female victims were stalked by a current or former intimate partner. We need to do what we can to stop the cycle and protect those women who come forward to report being a victim of domestic violence or stalking.

Legislative history

New Bill

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.