Bill Text: NY S03066 | 2023-2024 | General Assembly | Amended
Bill Title: Authorizes courts to hold evidentiary hearings for a temporary order of protection in certain circumstances; grants superior court judges the authority to issue a temporary order of protection when an action is pending in a local criminal court in certain circumstances.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2024-06-04 - PRINT NUMBER 3066B [S03066 Detail]
Download: New_York-2023-S03066-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3066--B 2023-2024 Regular Sessions IN SENATE January 27, 2023 ___________ Introduced by Sens. RAMOS, KAVANAGH, MYRIE, RIVERA, SALAZAR, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- 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 issuance of temporary orders of protection when an action is pending in a local criminal court The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The criminal procedure law is amended by adding a new 2 section 530.15 to read as follows: 3 § 530.15 Temporary order of protection hearing. 4 Where a court has issued a temporary order of protection pursuant to 5 subdivision one of section 530.12 of this article or subdivision one of 6 section 530.13 of this article, upon application of a defendant, the 7 court shall hold an evidentiary hearing where the prosecutor must show, 8 by clear and convincing evidence, that the temporary order of protection 9 is necessary to achieve its purpose of protecting a designated witness 10 or complainant from intimidation or injury. 11 (a) The defendant shall be entitled to such hearing within one hundred 12 twenty hours of requesting such hearing or, in the event that a Satur- 13 day, Sunday, or legal holiday occurs, within one hundred forty-four 14 hours of requesting such hearing. Notice must be given by the court to 15 both parties, as well as the party protected by the order of protection, 16 in advance of the hearing. Such notice shall detail the rights of the 17 protected party with respect to the hearing and describe the different 18 types of temporary orders of protection available. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06035-06-4S. 3066--B 2 1 (b) At the hearing, the prosecution must present relevant witness 2 testimony, or admissible evidence, subject to cross-examination, though 3 the witness need not be the party protected by the order. 4 (c) The court shall state on the record or in writing its findings of 5 facts and conclusions of law, the reasons for maintaining, vacating, or 6 modifying the temporary order of protection, and, where applicable, why 7 the temporary order of protection is necessary to achieve its purpose of 8 protecting a designated witness or complainant from intimidation or 9 injury. 10 § 2. Section 530.30 of the criminal procedure law, the section heading 11 and subdivisions 1 and 2 as amended by section 17 of part JJJ of chapter 12 59 of the laws of 2019, the closing paragraph of subdivision 1 as 13 amended by section 7 of subpart A of part VV of chapter 56 of the laws 14 of 2023, is amended to read as follows: 15 § 530.30 Order of recognizance, release under non-monetary conditions or 16 bail or issuance of a temporary order of protection; by supe- 17 rior court judge when action is pending in local criminal 18 court. 19 1. When a criminal action is pending in a local criminal court, other 20 than one consisting of a superior court judge sitting as such, a judge 21 of a superior court holding a term thereof in the county, upon applica- 22 tion of a defendant, may order recognizance, release under non-monetary 23 conditions or, where authorized, bail when such local criminal court: 24 (a) Lacks authority to issue such an order, pursuant to the relevant 25 provisions of section 530.20 of this article; or 26 (b) Has denied an application for recognizance, release under non-mon- 27 etary conditions or bail; or 28 (c) Has fixed bail, where authorized, which is excessive; or 29 (d) Has set a securing order of release under non-monetary conditions 30 which are more restrictive than necessary to reasonably assure the 31 defendant's return to court. 32 In such case, such superior court judge may vacate the order of such 33 local criminal court and release the defendant on recognizance or under 34 non-monetary conditions, or where authorized, fix bail in a lesser 35 amount or in a less burdensome form, or order non-monetary conditions in 36 conjunction with fixing bail, including fixing bail in a lesser amount 37 or in a less burdensome form, the determination for which shall be made 38 in accordance with section 510.10 of this title. The court shall explain 39 the basis for its determination and choice of securing order on the 40 record or in writing. 41 2. When a criminal action is pending in a local criminal court, other 42 than one consisting of a superior court judge sitting as such, and the 43 local criminal court has denied a request to modify or limit a temporary 44 order of protection issued pursuant to subdivision one of section 530.12 45 of this article or subdivision one of section 530.13 of this article, 46 upon application of a defendant, a judge of the superior court holding a 47 term thereof in the county shall review the determination of the local 48 criminal court de novo and may vacate or modify the order of the local 49 criminal court. A court's failure to comply with the requirements of 50 section 530.15 of this article is reviewable under this section. 51 3. Notwithstanding the provisions of subdivision one or two of this 52 section, when the defendant is charged with a felony in a local criminal 53 court, a superior court judge may not order recognizance, release under 54 non-monetary conditions or, where authorized, bail, or vacate or modify 55 a temporary order of protection unless and until the district attorney 56 has had an opportunity to be heard in the matter and such judge andS. 3066--B 3 1 counsel for the defendant have been furnished with a report as described 2 in subparagraph (ii) of paragraph (b) of subdivision two of section 3 530.20 of this article. 4 [3.] 4. Not more than one application may be made pursuant to each 5 subdivision of this section. 6 § 3. This act shall take effect immediately.
