What's happening
This bill amends bail laws to require courts to consider additional factors in domestic violence cases, prioritizing victim safety and history of violence.
Why it matters
Expands judicial considerations. Judges must now explicitly weigh a defendant’s prior violence, threats, and history of violating protection orders in domestic violence cases when deciding on bail, not just risk of flight.
Targets repeat and high-risk offenders. By including prior arrests/convictions and past protective orders—even if no longer in effect—the law aims to better identify and address patterns of abuse or escalation.
Centers victim safety. The law requires courts to consider factors directly related to the safety of victims and their families, potentially preventing further harm while cases are pending.
Reduces gaps in current law. By specifying these additional criteria, the amendment seeks to close loopholes where prior domestic violence behavior might previously have been overlooked in bail decisions.
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Who cares
Criminal court judges
The bill would require them to consider prior violence or threats against witnesses, family or household protection orders whether still in effect or not, and prior arrests or convictions involving family or household members when setting release conditions.
People charged with crimes against family or household members
The bill would expressly address these charges in securing-order decisions and require consideration of the least restrictive conditions necessary to reasonably assure return to court.
Domestic violence survivors and advocates
The bill would make protection orders and prior arrests or convictions involving family or household members explicit factors in release decisions.
Prosecutors and defense attorneys
The bill would add factors for courts to weigh in bail and release arguments, including prior violence or threats against witnesses in the pending case.
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
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
848
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. PAULIN -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to bail and domestic violence charges
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 510.10 of the criminal procedure law, as amended by section 1 of subpart C of part UU of chapter 56 of the laws of 2022, the opening paragraph as amended by section 2 of subpart A of part VV of chapter 56 of the laws of 2023, is amended to read as follows:
1. When a principal, whose future court attendance at a criminal action or proceeding is or may be required, comes under the control of a court, such court shall impose a securing order in accordance with this title. Except as otherwise required by law, the court shall make an individualized determination as to whether the principal poses a risk of flight to avoid prosecution or where the principal stands 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, consider the [kind and degree of control or restriction] least restrictive alternative and condition or conditions necessary to reasonably assure the principal's return to court, and select a securing order consistent with its determination under this subdivision. The court shall explain the basis for its determination that the principal poses a risk of flight to avoid prosecution and its choice of securing order on the record or in writing. In making a determination under this subdivision, the court must consider and take into account available information about the principal, including:
(a) The principal's activities and history;
(b) If the principal is a defendant, the charges facing the principal;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03264-01-5
(c) The principal's criminal conviction record if any;
(d) The principal's record of previous adjudication as a juvenile delinquent, as retained pursuant to section 354.1 of the family court act, or, of pending cases where fingerprints are retained pursuant to section 306.1 of such act, or a youthful offender, if any;
(e) The principal's previous record with respect to flight to avoid criminal prosecution;
(f) If monetary bail is authorized, according to the restrictions set forth in this title, the principal's individual financial circumstances, and, in cases where bail is authorized, the principal's ability to post bail without posing undue hardship, as well as [his or her] such principal's ability to obtain a secured, unsecured, or partially secured bond;
(g) Any violation by the principal of an order of protection issued by any court;
(h) The principal's history of use or possession of a firearm;
(i) Whether the charge is alleged to have caused serious harm to an individual or group of individuals; and
(j) If the principal is a defendant, in the case of an application for a securing order pending appeal, the merit or lack of merit of the appeal[.];
(k) Any history of prior acts of violence or threats of violence against a witness in the pending criminal action;
(l) 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 is currently in effect; and
(m) 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.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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