What's happening
This bill requires courts to issue restraining orders barring individuals charged with certain drug and weapons offenses from crime locations, with specific exceptions and procedures.
Why it matters
Expands court authority to issue restraining orders that bar defendants from specific locations tied to certain drug and weapon offenses. , not just after conviction but also pretrial, as a condition of release—potentially disrupting criminal activity at its source and limiting a defendant’s access to crime scenes or networks.
Includes juveniles charged with qualifying offenses, mandating similar restraining orders and notification procedures. , which could significantly affect youth involved in these crimes and their families, as well as the broader community’s sense of safety.
Balances public safety with individual rights by allowing exceptions. defendants can contest restraining orders if they live, work, or have legitimate reasons to be at the location, or if the order would cause undue hardship to innocents; courts must weigh these factors against public risk.
Enables broad public notification measures, such as posting, publishing, and distributing restraining order details and potentially photographs. , raising questions about privacy, stigma, and due process for those accused (but not yet convicted), while aiming to inform and protect community members.
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Restraining Orders for Offenders
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to codes
- Referred to codes
Full text
13 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1570
2019-2020 Regular Sessions
IN SENATE
January 15, 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 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
S. 1570 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.
S. 1570 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
S. 1570 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-
S. 1570 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.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to issuing restraining orders for certain offenders
Purpose or general idea of bill
The bill would allow courts to issue a restraining order at the time of the defendant's first court appearance prohibiting the defendant from entering any place where the crime occurred, including a buffer zone.
Summary of specific provisions
Section 1. The criminal procedure law is amended by adding a new Title V.
Section 735.00 Restraining order - used of a child to commit a controlled substance offence.
Section 735.10 Restraining order - criminal sale of a controlled substance in the fourth degree.
Section 735.15 Restraining order - criminal sale of a controlled substance to a child.
Section 735.20 Restraining order - unlawful manufacture of methampheta- mine in the third degree.
Section 735.25 Restraining order - unlawful manufacture of methampheta- mine in the second degree.
Section 735.30 Restraining order - unlawful manufacture of methampheta- mine in the first degree.
Section 735.35 Restraining order - operating as a major trafficker.
Section 735.40 Restraining order - exceptions, content, distribution, modifications.
Section 735.45 Certification of offence location. Section 735.50 Discretion to not seek restraining order.
Justification
The open use and distribution of drugs in certain public areas poses a significant problem in communities like Rochester. In order to effec- tively address this issue, this bill grants law enforcement the authori- ty to seek restraining orders against defendants arrested for certain drug offenses to prevent the continued use and distribution of drugs in the public area where they were arrested.
Prior legislative history
New Legislation
Effective date
This act shall take effect on the ninetieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.