S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        251--C
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M.  of  A.  PAULIN, LENTOL, WEINSTEIN, DINOWITZ, CAHILL,
         SCHIMMINGER, CLARK, ROSENTHAL, SKARTADOS, PRETLOW, ZEBROWSKI,  LAVINE,
         MONTESANO  --  Multi-Sponsored  by  --  M. of A. AUBRY, BRENNAN, COOK,
         CURRAN, CYMBROWITZ, GABRYSZAK, GALEF, GIGLIO, HOOPER, LANCMAN, MAGNAR-
         ELLI, PERRY, RA, 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 -- recommitted to the Committee on Codes in accord-
         ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       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. Subparagraphs (vii) and (viii) of paragraph (a) of subdivi-
    2  sion 2 of section 510.30 of the criminal procedure law, as renumbered by
    3  chapter 447 of the laws of 1977, are renumbered subparagraphs (viii) and
    4  (ix) and a new subparagraph (vii) is added to read as follows:
    5    (VII) WHERE THE PRINCIPAL IS CHARGED WITH A CRIME OR CRIMES AGAINST  A
    6  MEMBER  OR  MEMBERS  OF  THE  SAME  FAMILY  OR HOUSEHOLD AS THAT TERM IS
    7  DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE, THE  FOLLOW-
    8  ING FACTORS:
    9    (A) ANY VIOLATION BY THE PRINCIPAL OF AN ORDER OF PROTECTION ISSUED BY
   10  ANY  COURT  FOR THE PROTECTION OF A MEMBER OR MEMBERS OF THE SAME FAMILY
   11  OR HOUSEHOLD AS THAT TERM IS  DEFINED  IN  SUBDIVISION  ONE  OF  SECTION
   12  530.11  OF  THIS  TITLE,  WHETHER  OR  NOT  SUCH  ORDER OF PROTECTION IS
   13  CURRENTLY IN EFFECT; AND
   14    (B) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF A FIREARM; AND
   15    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   16  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
       A                                                          LBD00827-04-2