Bill Text: NY A04996 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the criminal procedure law, in relation to expanding protections and procedures for victims of family offenses

Spectrum: Moderate Partisan Bill (Democrat 16-3)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A04996 Detail]

Download: New_York-2009-A04996-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4996
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 10, 2009
                                      ___________
       Introduced  by  M.  of  A.  ESPAILLAT,  SCHIMMINGER,  HOOPER,  ROBINSON,
         PEOPLES, KOON, ZEBROWSKI, LAVINE, SCARBOROUGH, COOK -- Multi-Sponsored
         by -- M. of A. ALFANO, BARRA, BENJAMIN, BRENNAN, DIAZ, ERRIGO,  McENE-
         NY,  PHEFFER,  N. RIVERA,  WALKER, WRIGHT -- read once and referred to
         the Committee on Codes
       AN ACT to amend the criminal procedure law,  in  relation  to  expanding
         protections and procedures for victims of family offenses
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The opening paragraph of subdivision 1 of section 530.12 of
    2  the criminal procedure law, as amended by chapter 137  of  the  laws  of
    3  2007, is amended to read as follows:
    4    When  a  criminal action is pending involving a complaint charging any
    5  crime or violation between spouses, former spouses, parent and child, or
    6  between members of the same family or household, as members of the  same
    7  family  or household are defined in subdivision one of section 530.11 of
    8  this article, the court, in addition to any other powers conferred  upon
    9  it by this chapter may issue a temporary order of protection in conjunc-
   10  tion  with any securing order committing the defendant to the custody of
   11  the sheriff or as a condition of any order of recognizance or bail or an
   12  adjournment in contemplation of dismissal.  In  addition  to  any  other
   13  conditions,  such  an  order  may require the defendant OR A THIRD PARTY
   14  ACTING WITH MALICE ON BEHALF OF ANY SUCH DEFENDANT:
   15    S 2. This act shall take effect on the first of November next succeed-
   16  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07794-01-9