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.
LBD06035-06-4
S. 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 and
S. 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.