What's happening
This bill requires individuals arrested for domestic violence to forfeit their bail if they violate an existing order of protection.
Why it matters
Creates a direct financial consequence for violating orders of protection. By requiring bail forfeiture, the bill adds a strong deterrent for individuals arrested for domestic violence, potentially encouraging better compliance with protective orders.
Covers a wide range of protective orders. The legislation applies not just to New York state court orders, but also to those issued by family court, domestic relations law, and even out-of-state or tribal jurisdictions, closing possible loopholes for offenders.
Targets repeat or high-risk offenders. Since bail is only forfeited if the accused violates an existing order, this measure is focused on individuals who have already demonstrated a disregard for court-imposed boundaries, potentially improving victim safety.
Could impact pretrial release decisions. Judges and attorneys may weigh the increased stakes when setting bail for domestic violence cases, possibly leading to more careful monitoring or stricter pretrial conditions.
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Who cares
Headline styles
Forfeit Bail for Violating Orders
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
69
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. ROBACH -- 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 providing that persons arrested for domestic violence shall forfeit bail when violating an order of protection
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 Forfeiture of bail; where persons arrested for domestic
violence violate existing orders of protection.
Any individual arrested for an offense relating to domestic violence, as defined in section four hundred fifty-nine-a of the social services law, who violates 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, shall forfeit any bail such individual has posted.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05217-01-9
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 providing that persons arrested for domestic violence shall forfeit bail when violating an order of protection
Purpose
This bill would mandate an immediate forfeiture of bail when a full order of protection is violated.
Summary of provisions
Section 1 of the bill amends the criminal procedure law to add a new section, 510.25. This section requires that a domestic violence offender who violates an order of protection shall forfeit any bail he or she has posted, and provides a penalty for falsely reporting a violation of a full order of protection
Justification
This bill amends criminal procedure law by putting forth a more strin- gent monetary reason not to violate an order of protection.
Fiscal implications for state and local governments
To be determined.
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.