What's happening
This bill expands the factors judges must consider for bail or recognizance in domestic violence cases to include more detailed history of violence, prior arrests, and orders of protection.
Why it matters
Judges will now have to look at a broader and more detailed pattern of violence, including past threats and violent acts against witnesses, when deciding bail in domestic violence cases. This means the court is required to consider not just the current charge but also a history of aggressive behavior related to the accused.
Any prior orders of protection—whether still active or not—must be factored in,. indicating that a history of judicial intervention for the victim’s safety carries more weight in bail decisions and recognizes ongoing risk even if an order has expired.
Prior arrests or convictions for crimes against family or household members will play a direct role in bail determinations. This could result in stricter pre-trial conditions for individuals with a documented pattern of domestic abuse, potentially enhancing victim safety.
The bill makes it less likely that someone with a record of violating protection orders, threatening witnesses, or multiple prior domestic violence incidents will be quickly released before trial,. aiming to prevent escalation and repeat offenses during the legal process.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Tougher Bail for Domestic Violence
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1353
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sen. SERINO -- 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 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 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06825-01-9
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 factors for the issuance of an order of recognizance or bail
Purpose or general idea of bill
The bill will help protect more victims of domestic violence by expand- ing criminal procedure law section 510.30. The bill will require the court, when determining recognizance or bail in cases of domestic violence, to consider certain additional enumerated factors.
Summary of specific provisions
Section one amends subparagraph (vii) of paragraph (a) 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, to require the court in the issuance of recognizance or bail as a matter of discretion in cases of domestic violence to consider the additional factors: any history of prior acts of violence or threats of violence against a witness in the criminal proceeding; any order of protection issued against the princi- pal for the protection of a member or members of the same family or household, as defined in section 530.11(1) of the criminal procedure law, whether or not such order is currently in effect; and any prior arrest or conviction for a crime or violation against a member or members of the same family or household, as defined in section 530.11(1) of the criminal procedure law.
Read the full memo (970 words)
Section two provides the effective date as sixty days after the act shall become law.
Justification
Domestic violence is a societal problem of enormous prevalence and impact, consuming law enforcement and the courts in this State. New York State has been in the forefront of addressing this problem by pass- ing many progressive laws over the past several years, including the mandatory arrest law, the law creating the registry of orders of protection, an anti-stalking law, and a law requiring judges to consider evidence of domestic violence in all child custody and visitation cases. However, one important area of the law continues to need to be updated to take into account the unique nature of domestic violence offenses: New York's bail provisions.
Perpetrators of domestic violence offenses are often set free on low or no bail and thereby allowed to stalk, harm and sometimes kill their specifically targeted victims. In December 2002, a perpetrator of domes- tic violence was released on $1,500 bail by a city judge in Westchester County after an attempted assault with a gun on his former girlfriend. Within days after his release on bail, the perpetrator shot his former girlfriend in the head and killed himself. If judges determining recog- nizance and bail in domestic violence cases were required to consider well-established risk factors to the victim such as prior orders of protection, not just violations of an order of protection, many victims and their children would be spared additional harm and, in some tragic incidences, their lives. The bail statute currently does not consider the unique nature of domes- tic violence cases. The criminal who commits a street crime against a stranger, for example, is not likely to target the victim for additional criminal activity while the case is pending and afterwards. Precisely the reverse is true for domestic violence perpetrators, who are highly likely to do so. Those who commit acts of domestic violence do so to exercise power and control over their specific victim, with whom they have a relationship. Domestic violence has a high rate of recidivism, and tends to escalate in frequency and severity over time. The initi- ation of a court case against the perpetrator is a high-risk time for the victim, who is perceived by the abuser as trying to escape the relationship. Perpetrators often threaten and harm their victims during the pendency of the case in order to force them not to cooperate with the prosecution and to reconcile.
New York law does not allow the bail determination to be used for "preventive detention," in order to protect the public from a general- ized threat of further criminal activity by an accused. However, New York law does permit the bail determination to be used when necessary to protect witnesses to the crime. Domestic violence cases fall squarely within this rule because the victim of the offense is the key and some- times the only witness and, as noted above, is highly likely to be targeted by the perpetrator for further threats or harm. Thus, in domes- tic violence cases, it is essential that the judge determining recogni- zance or bail consider factors that indicate a risk of harm to the victim-witness. This bill offers guidance to judges by specifying the factors of any history of prior acts of violence or threats of violence against a witness in the criminal proceeding, any order of protection issued against the principal for the protection of a family or household member, whether or not such order is currently in effect, and any prior arrest or conviction for a crime or violation against a family or house- hold member.
Bail reform is necessary to protect the victim-witness of domestic offenses. Current bail provisions must be improved to reflect the reali- ty of the lives of domestic violence victims.
Legislative history
S.8688, 2018, Referred to Codes A.6775, 2015 and 2016, referred to codes. A.251-C, 2011 amended and recommitted to codes and 2012 referred to rules. Same as S.1414-B 2011 passed Senate and 2012 committed to rules. A. 754, 2009 and 2010 referred to codes. A.747, 2007 and 2008 referred to codes. Same as S.1080, referred to codes. A.1015, 2005 and 2006 referred to codes. Same as S.310, 2005 committed to rules and 2006 referred to codes. A.9274, 2004 referred to codes. Same as S.6178, 2004 passed Senate.
Fiscal implications
None to the state.
Effective date
Sixty days following the date of enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.