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

New York Assembly Bill 251 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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--B
                              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, CAHILL, SCHIMMINGER, CLARK,
         ROSENTHAL -- Multi-Sponsored by -- M. of A. AUBRY, CURRAN, CYMBROWITZ,
         GABRYSZAK, GALEF, HOOPER, MAGNARELLI, 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  --  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  MEMBER OR MEMBERS OF THE SAME  FAMILY  OR  HOUSEHOLD  AS  THAT  TERM  IS
    6  DEFINED  IN  SUBDIVISION  ONE OF SECTION 530.11 OF THIS TITLE, THE COURT
    7  MUST, ON THE BASIS OF AVAILABLE  INFORMATION,  CONSIDER  AND  TAKE  INTO
    8  ACCOUNT  THE  DANGER  OF  INTIMIDATION  OR  INJURY BY THE PRINCIPAL TO A
    9  WITNESS IN THE CASE, INCLUDING THE FOLLOWING FACTORS:
   10    (I) ANY HISTORY OF PRIOR ACTS  OF  VIOLENCE  OR  THREATS  OF  VIOLENCE
   11  AGAINST A WITNESS IN THE PENDING CRIMINAL ACTION; AND
   12    (II) ANY ORDER OF PROTECTION ISSUED BY ANY COURT AGAINST THE PRINCIPAL
   13  FOR  THE  PROTECTION OF A MEMBER OR MEMBERS OF THE SAME FAMILY OR HOUSE-
   14  HOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE  OF  SECTION  530.11  OF
   15  THIS TITLE, WHETHER OR NOT SUCH ORDER IS CURRENTLY IN EFFECT; AND
   16    (III)  ANY PRIOR ARREST OR CONVICTION FOR A CRIME OR VIOLATION AGAINST
   17  A MEMBER OR MEMBERS OF THE SAME FAMILY OR  HOUSEHOLD  AS  THAT  TERM  IS
   18  DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00827-03-1
       A. 251--B                           2
    1    (IV)  ANY  VIOLATION  OF  AN  ORDER  OF PROTECTION ISSUED BY ANY COURT
    2  AGAINST THE PRINCIPAL FOR THE PROTECTION OF A MEMBER OR MEMBERS  OF  THE
    3  SAME  FAMILY  OR HOUSEHOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF
    4  SECTION 530.11 OF THIS TITLE; AND
    5    (V) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF A FIREARM.
    6    S 2. This act shall take effect on the first of November next succeed-
    7  ing the date on which it shall have become a law.