What's happening
This bill requires court review before releasing on bail anyone arrested for domestic violence or violating an order of protection.
Why it matters
Ensures judicial oversight for bail decisions. in domestic violence and order of protection violation cases, meaning a judge must personally review and decide on bail, rather than allowing automatic or administrative release.
Requires consideration of victim safety and defendant’s history. , mandating the judge to review the circumstances of the arrest, any prior violent offenses, and the potential risk to the victim before deciding on bail.
Establishes a strict timeline for hearings. , guaranteeing that accused individuals must appear before a judge within 12 hours of arrest, balancing due process rights with prompt judicial intervention.
Applies to a wide range of protective orders and family offenses. , covering not just New York State orders but also those issued by other states and tribal courts, broadening protections for at-risk victims.
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Who cares
Headline styles
Require Judge Review for DV Bail
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Court Review for DV Bail
In Assembly Committee · Codes · Sponsor Kenneth Zebrowski
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2921
2019-2020 Regular Sessions
IN SENATE
January 30, 2019
Introduced by Sen. STAVISKY -- 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 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.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to requiring court review of domestic violence bail applications
Purpose of the bill
This act shall be known as the Isol Cotto Act. This bill will create a provision requiring domestic violence defendants to appear before a judge prior to release on bail.
Summary of provisions
Section 1 states that this act shall be known as the Isol Cotto Act.
Section 2 of the bill creates section 510.25 of the criminal procedure law that mandates an individual arrested for a domestic violence offense shall not be released on bail until they have appeared before a judge.
The court shall assess the risk to the victim in the review of the bail application. If there is no appearance before a judge within 12 hours of the arrest then the accused shall be released on bail.
Justification
This bill requires that an individual arrested for certain domestic violence offenses appear before a judge prior to being released on bail. The intimacy involved in domestic violence makes it different than other crimes. Often times the victim and the accused live together, therefore, when a person is released on bail they immediately come into contact with the victim. The victim may now be at a higher risk for abuse just for reporting the crime.
To lessen this risk a judge should be required to review the circum- stances of the case before setting bail. In the case that the accused is unable to appear before the judge then they will be released after 12 hours. The 12-hour period gives both the victim and the accused time apart before they come into contact again. We must ensure that an indi- vidual arrested for domestic abuse is safe to return home and not a risk to the victim.
Prior legislative history
Previously introduced.
Fiscal implications for state
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.