Bill Text: NY A00251 | 2011-2012 | General Assembly | Amended

New York Assembly Bill 251 (Prior Session Legislation)

Bill Title: Relates to the consideration of certain factors when determining the issuance of an order of recognizance or bail.

Spectrum: Moderate Partisan Bill (Democrat 24-4)

Status: (Introduced - Dead) 2012-06-11 - reported referred to rules [A00251 Detail]

Download: New_York-2011-A00251-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        251--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M. of A. PAULIN, DINOWITZ, PHEFFER, HOYT, CAHILL, SCHIM-
         MINGER, CLARK, ROSENTHAL -- Multi-Sponsored by  --  M.  of  A.  AUBRY,
         CYMBROWITZ,  GABRYSZAK,  GALEF,  HOOPER, MAGNARELLI, MAYERSOHN, PERRY,
         SWEENEY, WEISENBERG -- read once and  referred  to  the  Committee  on
         Codes  --  committee  discharged,  bill  amended, ordered reprinted as
         amended and recommitted to said committee
       AN ACT to amend the criminal procedure law, in relation to the consider-
         ation of certain factors when determining the issuance of an order  of
         recognizance or bail
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (b) of subdivision 2 of  section  510.30  of  the
    2  criminal  procedure  law is relettered paragraph (c) and a new paragraph
    3  (b) is added to read as follows:
    4    (B) WHERE THE PRINCIPAL IS CHARGED WITH A CRIME OR  CRIMES  AGAINST  A
    5  FAMILY OR HOUSEHOLD MEMBER OR INTIMATE OR FORMERLY INTIMATE PARTNER, THE
    6  COURT  MUST,  ON  THE  BASIS OF AVAILABLE INFORMATION, CONSIDER AND TAKE
    7  INTO ACCOUNT THE DANGER OF INTIMIDATION OR INJURY BY THE PRINCIPAL TO  A
    8  WITNESS IN THE CASE, INCLUDING THE FOLLOWING FACTORS:
    9    (I)  ANY  HISTORY  OF  PRIOR  ACTS  OF VIOLENCE OR THREATS OF VIOLENCE
   10  AGAINST A WITNESS IN THE PENDING CRIMINAL ACTION; AND
   11    (II) ANY ORDER OF PROTECTION ISSUED BY ANY COURT AGAINST THE PRINCIPAL
   12  FOR THE PROTECTION OF A  FAMILY  OR  HOUSEHOLD  MEMBER  OR  INTIMATE  OR
   13  FORMERLY  INTIMATE  PARTNER,  WHETHER  OR NOT SUCH ORDER IS CURRENTLY IN
   14  EFFECT; AND
   15    (III) ANY PRIOR ARREST OR CONVICTION FOR A CRIME OR VIOLATION  AGAINST
   16  A  FAMILY  OR HOUSEHOLD MEMBER OR INTIMATE OR FORMERLY INTIMATE PARTNER;
   17  AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00827-02-1
       A. 251--A                           2
    1    (IV) ANY VIOLATION OF AN ORDER  OF  PROTECTION  ISSUED  BY  ANY  COURT
    2  AGAINST THE PRINCIPAL FOR THE PROTECTION OF A FAMILY OR HOUSEHOLD MEMBER
    3  OR INTIMATE OR FORMERLY INTIMATE PARTNER; AND
    4    (V) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF A FIREARM.
    5    S 2. This act shall take effect on the first of November next succeed-
    6  ing the date on which it shall have become a law.