New York Legislation
Click on the below to read the New York Legislation for the following years:
2013
New York Legislation 2013
Assembly Bill 4018
Sponsored by Gabryszak
Introduced by January 30, 2013
(Summary): Denies bail for persons charged with driving while intoxicated in certain instances resulting in the death of another person.
Section 1. Paragraph (a) of subdivision 2 of section 530.20 of the criminal procedure law, as amended by chapter 531 of the laws of 1975, as amended to read as follows:
(a) A city court, a town court or a village court may not order recognizance or bail when (i) the defendant is charged with a class A felony, (ii) it appears that the defendant has two previous felony convictions or (iii) the defendant is charged with a violation of section. 125.12 o f the penal law.
Assembly Bill 3499
Sponsored by Peoples, Stokes, Castro, Galef, and Titus
Introduced on January 28, 2013
(Summary): Related to the protection of victims of domestic violence act, which requires defendants to wear global positioning systems monitoring the location of the defendant.
Section 637. Conditions for Releasing Defendants to Protective Conditions.
1.
A. Judge may release under this section a Defendant subject to conditions reasonably necessary for the protection of one or more named persons. If a judge releases under this section a defendant subject to protective conditions, the judge shall make a finding of the need for protective conditions and inform the defendant on the record, either orally or by a writing that is personally delivered to the defendant, of the specific conditions imposed and that if the defendant violates a condition of release, he or she will be subject to arrest without a warrant and may have his or her bail forfeited or revoked and new conditions of release imposed, in addition to any other penalties that may be imposed if the defendant is found in contempt of court.
2. An order of amended order issued under subdivision one of this section shall contain all of the following:
A. A statement of the defendant’s full name.
B. A statement of the defendant’s height, weight, race, sex, date of birth, hair color, eye color, and any other identifying information the judge considers appropriate.
C. A statement of the date the conditions become effective.
D. A statement of the date on which the order will expire.
E. A statement of the conditions imposed.
3. An order or amended order issued under this subdivision and subdivision one of this section may impose a condition that the defendant not purchase or possess a firearm. However, if the court orders the defendant to carry or wear a global position system device as a condition or release as described in subdivision six of this section, the court shall also impose a condition that the defendant not purchase or possess a firearm.
4. The judge shall immediately direct a law enforcement agency within the jurisdiction of the court, in writing, to enter an order or amended order issued under subdivision one of this section or subdivisions one and three of this section into the computer system to carry information of orders of protection and warrants or arrest a provided by section two hundred twenty one A of this chapter. If the order or amended order is rescinded, the judge shall immediately order the law enforcement agency to remove the order or amended order from the computer system to carry information of orders of protection and warrants of arrest.
5. A law enforcement agency within the jurisdiction of the court shall immediately enter an order or amended order into the computer system to carry information of orders of protection and warrants of arrest as provided by section two hundred twenty-one of this chapter, or shall remove the order or amended order from the computer system to carry information of orders of protection and warrants of arrest upon expiration of the order as directed by the court under supervision four of this section.
6. If a defendant who is charged with a crime involving domestic violence is released under this section, the judge may order the defendant to carry or wear a global position system device as a condition of release. With the informed consent of the victim, the court may also order the defendant to provide the victim of the charged crime with an electronic receptor device capable of receiving the global positioning system information from the device carried or worn by the defendant that notifies the victim if the defendant is located within a proximity to the victim as determined b the judge in consultation with the victim. The victim shall also be furnished with a telephone contact with the local law enforcement agency to request immediate assistance if the defendant is located within that proximity to the victim. In addition, the victim may provide the court with a list of areas from which he or she would like the defendant excluded. The court shall consider victim’s request and shall determine which areas the defendant shall be prohibited from accessing. The court shall instruct the global positioning system to notify the proper authorities if the defendant violates the order. In determining whether to order a defendant to participate in global positioning system monitoring, the court shall consider the likelihood that the defendant’s participation in global positioning system monitoring will deter the defendant from seeking to kill, physically injure, stalk, or otherwise threaten the victim prior to trial. The victim may request the court to terminate the victim’s participation in the global positioning system monitoring of the defendant at any time. The court shall not impose sanctions on the victim for refusing to participate in global positioning system monitoring under this section. A defendant described in this section shall only be released under this section if he or she agrees to pay the cost of the device and monitoring of the device as a condition or release as to perform community service work in lieu of paying that cost. As used in this section:
(1) The victim’s right to refuse to participate in global position system monitoring and the process for requesting the court to terminate the victim’s participation after it has been ordered.
(2) The manner in which the global positioning system monitoring technology functions and the risks and limitations of that technology, and the extent to which the system will track and record the victim’s location and movements.
(3) The boundaries imposed on the defendant during the global position system monitoring.
(4) Sanctions that the court may impose on the defendant for violating an order issued under this subdivision.
(5) The procedure that the victim is to follow if the defendant violates an order issued under this subdivision or if global positioning system equipment fails.
(6) Identification of support services available to assist the victim to develop a safety plan to use if the court’s order issued under this subdivision is violated or if global positioning system equipment fails.
(7) Identification of community services available to assist the victim in obtaining shelter, counseling, education, child care, legal representation, and other help in addressing the consequences and effects of domestic violence.
(8) The nonconfidential nature of the victim’s communications with the court concerning global positioning system monitoring and the restrictions to be imposed upon the defendant’s movements.
(9) This section does not limit the authority of judges to impose protective or other release conditions under other applicable statutes or court rules.
Assembly Bill A3050
Sponsored by Reilich, Montesano, Finchm, Hawley, and Jafee
Introduced on January 23, 2013
(Summary): An act to amend the social services law and the banking law, in relation to prohibiting automated teller machines or point of sale terminals in certain locations from accepting electronic benefit transfer cards for cash withdrawals.
Adding new section 144-b to the social services law to read as follows:
Prohibition of the use of electronic benefit transfer cards in certain locations. The office of temporary and disability assistance shall insure that electronic benefit transfer cards issued by and through the agency to facilitate the delivery of assistance may not be used to access state-provided cash benefits from any automated teller machines or point of sale terminals in the following locations:
(a) Gambling establishments
(b) Psychics
(c) Bail bond establishments
(d) Bingo halls
(e) Cruise ships
(f) Tattoo parlors
(g) Or any business providing services that have been deemed inconsistent with the intent of the office of temporary and disability assistance.
Adding Section 9-V of the banking law to read as follows:
Prohibition of the use of electronic benefit transfer funds at automated teller machines in certain locations. Elecronic benefit transfer cards issued by the state to facilitate the delivery of assistance may not be used to access state-provided cash benefits from any automated teller machines or point of sale terminals in the following locations
(a) Gambling establishments
(b) Psychics
(c) Bail bond establishments
(d) Bingo halls
(e) Cruise ships
(f) Tattoo parlors
(g) Or any business providing services that have been deemed inconsistent with the intent of the office of temporary and disability assistance.
Assembly Bill 2802
Sponsored by Wright
Introduced on January 18, 2013
(Summary): An act to amend the criminal procedure law, in relation to an order of recognizance of bail.
Amending Subdivision 3 of section 530.40
A superior court may not order recognizance of bail, or permit a defendant to remain at liberty pursuant to an existing order, after he or she has been convicted of either: (a) class A felony or (b) any class B or class C felony defined in article one hundred thirty of the penal law committed or attempted to be committed by a persons eighteen years of age or older against a person less than eighteen years of age. In either case the court must commit or remand the defendant to the custody of the sheriff; provided however that a superior court may order recognizance or bail or permit a defendant to remain at liberty pursuant to an existing order, after the defendant has been convicted of a class A-II felony, if the defendant is providing, or has agreed to provide, material assistance pursuant to paragraph (b) of subdivision one of section 65.00 of the penal law.
Assembly Bill 2024
Sponsored by Senator Stavisky
Introduced on January 9, 2013
(Summary): This bill would amend the criminal procedure law in relation to requiring court review of domestic violence bail applications.
The criminal procedure law is amended by adding new section 510.25 as follows:
Any individual arrested for an offense relating to domestic violence (as defined in section 459(a) of the social services law) violating an existing order of protection pursuant to the following provisions of law: subdivision one of section 530.11 subparagraph (I) or (II) of Paragraph (O) of subdivision one of Section 330.20, Section 530.12 of this chapter, orders issued pursuant to sections 240 and 252 of the relations law, articles four, five, six, and eight of the family court act, and an order of protection issued by courts of competent jurisdiction in another state, territorial or tribal jurisdiction, or committing a family offense as defined in subdivision one of section 812 of the family court act shall not be released on bail until they have appeared before a judge of the court.
The court’s review of bail, as provided for in this section, shall include but not be limited to: (a) a review of the circumstances of the arrest (b) any prior violent offenses (c) the risk that the accused poses to the victim if released. Such appearance shall occur within twelve hours of arrest and in no instance may the accused be held under the provisions of this section for more than twelve hours.
Social Services Law 459a
Definitions:
“Victim of domestic violence” means any person over the age of sixteen, any married person or an parent accompanied by his or her minor child or children in situations in which such person or such person’s child is a victim of an act which would constitute a violation of the penal law, including, but not limited to acts constituting disorderly conduct, harassment, menacing, reckless endangerment, kidnapping, assault, attempted assault, or attempted murder, etc.
New York Code Section 330.20(o)
“Order of conditions” means an order directing a defendant to comply with this prescribed treatment plan, or any other condition which the court determines to be reasonably necessary or appropriate, and, in addition, where a defendant is in custody of the commissioner, not to leave the facility without authorization. In addition to such conditions, when determined to be reasonably necessary or appropriate, an order of conditions may be accompanied by a special order of conditions set forth in a separate document requiring that the defendant (i) stay away from the home, school, business, or place of employment of the victim or victims, or of any witness designated by the court, of such offense; or (ii) refrain from harassing, intimidating, threatening or otherwise interfering with the victim or victims of the offense and such members of the family or household of such victim or victims as shall be specifically named by the court in such special order.
Assembly Bill 1809
Sponsored by Tenney, Finch, Hawley, and Kolb
Introduced on January 9, 2013
(Summary): This act would ament the criminal procedure law, in relation to orders of bail or recognizance.
Section 1. Paragraph (a) of subdivision 2 of Section 530.20 of the criminal procedure law, as amended by chapter 531 of the laws of 1975, is amended to read as follows:
(a) A city court, a town court or a village court may not order recognizance or bail when (i) the defendant is charged with a class A felony, or (ii) it appears that the defendant has two previous felony convictions, or (iii) it appears that the defendant poses a risk of danger to the community;
Section 2. Subdivision 2 of Section 530.30 of the criminal procedure law, as amended by chapter 762 of the laws of 1971, is amended to read as follows:
Notwithstanding the provisions of subdivision one, when the defendant is charged with a felony in a local criminal court, a court judge may not order recognizance or bail unless and until the district attorney has had an opportunity to be heard in the matter and such judge has been furnished with a report as described in subparagraph (ii) of paragraph (b) of subdivision two of section 530.20 and it appears that the defendant poses no risk of danger to the community.
Section 530.40 of the criminal procedure law is amended by adding subdivision 5 to read as follows:
Notwithstanding the provisions of subdivisions one and two, a superior court may not order recognizance of bail when the defendant poses a risk of danger to the community.
Section 530.45 of the criminal procedure law is amended by adding a subdivision 7 to read as follows:
Notwithstanding the provisions of subdivisions one and two, a superior court may not order recognizance of bail when the defendant poses a risk of danger to the community.
Section 530.50 of the criminal procedure law is amended as follows:
Order of recognizance or bail; during pendency of appeal. A judge who is authorized to issue an order of recognizance or bail pending the determination of an appeal, may do so unless the defendant received a class A felony sentence or a sentence for any class B or class C felony offense defined in article 130 of the penal law or attempted to be committed by a person eighteen years of age or older against a person less than eighteen years of age, or the defendant poses a risk of danger to the community.
Section 530.60 of the criminal procedure law is amended by chapter 565 of the law of 2011, to read as follows:
Whenever in the course of a criminal action or proceeding a defendant is at liberty as a result of an order of recognizance or bail issued pursuant to this chapter, and the considers it necessary to review such order, it may, and by a bench warrant if necessary, require the defendant to appear before the court. Upon such appearance, the court, for good cause shown, may revoke the order of recognizance or bail. If the defendant is entitled to recognizance or bail as a matter of right, the court must issue another such order. If he or she is not, the court may either issue such an order or commit the defendant to the custody of the sheriff. Where the defendant is committed to the custody of the sheriff and is held on a felony complaint, a new period as provided in section 180.80 of this chapter shall commence to run from the time of the defendants commitment under this subdivision. Upon review under this subdivision, the court may not order recognizance or bail when the defendant poses a risk of danger to the community.
Assembly Bill 2142
Sponsored by M. of A. Simotas, and Simanowitz
Referred to the Committee on Codes
Introduced on January 9, 2013
(Summary): This is an act to amend the criminal procedure law, in relation to establishing the detective Peter Figoski act of 2013 including the risk to public safety as a factor in bail determinations.
Amending Subdivisions 2 and 3 of Section 510.30 of the criminal procedure law as follows:
If he or she is a defendant (a) who has previously been convicted of a violent felony, as defined in section 70.02 of the penal law, or (b) charged with any felony offense and he or she has failed to appear in court in the past when charged with a felony, the court may consider whether the nature and seriousness of the danger to any person or the community that would be posed by the defendant’s release requires the preventive detention of the defendant.
Assembly Bill No. 3349
Sponsored by Titus, Cook, O’Donnell, Clark, and Wright
Introduced January 24, 2013
(Summary): An act to direct courts to exonerate bail and order recognizance when the grand jury has taken no action for at least forty-five (45) days from arraignment, unless the people show good cause otherwise.
Section 1. Section 530.20 of the criminal procedure law is amended by adding a new subdivision 3 to read as follows:
3. When a local criminal court has, in accordance with this section, ordered bail with respect to a defendant charged by felony complaint, and the defendant is subsequently at liberty in the action following the posting of bail, such court shall upon application of the defendant, exonerate bail and order recognizance when, at the time of the defendant’s application therefor, the felony complaint has been pending in such local criminal court, with no action of the grand jury, for a period of at least forty-five days from the date of the defendant’s arraignment thereon; provided, however, that the court may deny such application where the people show good cause why bail should not be exonerated.
Section 2. Section 530.40 of the criminal procedure law is amended by adding a new subdivision 5 to read as follows:
5. Notwithstanding the provisions of subdivision two of this section, where a defendant charged by felony complaint is at liberty in the action following the posting of bail, the court shall upon application of the defendant, exonerate bail and order recognizance when, at the time of the defendant’s application therefore, such felony complaint has been pending, with no action of the grand jury, for a period of at least fort-five days from the date of the defendant’s arraignment thereon; provided, however, that the court may deny such application where the people show good cause why bail should not be exonerated.
Senate Bill 1797
Sponsored by Espaillat, Referred to the Committee on Codes on January 9, 2013
An act to amend the criminal procedure law, in relation to establishing gun court calendars in the criminal courts.
(Summary) The bill would amend the New York State Criminal Procedure Law to create a gun court calendar designed to exclusively hear gun related cases. The presiding justice of the criminal court in the state shall create a gun court calendar for the effected counties and shall assign personnel to process all criminal cases tried by the court. All trials assigned to the court will be scheduled within sixty days of the completion of discovery. No continuances or postponements shall be granted except for good cause shown. Necessary continuances will be granted for the shortest practicable time. The goals of the court are to reduce the number of gun cases and ensure that perpetrators serve prison time.
The criminal procedure law is amended by adding a new section 10.50 to read as follows:
1. Each presiding justice of the criminal courts of this state shall create a gun court calendar and shall assign personnel to the extent warranted to exclusively hear and decide all criminal actions involving
offenses wherein a firearm was used during the commission of any crime such calendar shall be referred to as the “gun court calendar” of the criminal court for the purposes of the provisions of the penal law where in a firearm was used during the commission of any crime contained therein.
2. All trials in the criminal courts of this state scheduled for trial on the gun court calendar shall be commenced within sixty days of the completion of discovery notwithstanding any other provision of law. No continuances or postponements shall be granted except for good cause shown. Such continuances as are necessary shall be granted for the shortest practicable time.
3. Under no circumstances shall a defendant be permitted to rely upon the provisions of this section as a basis for a dismissal of an action.
Assembly Bill 1439
Proposed by Zebrowski, Referred to the Committee on Codes on
January 9, 2013
Proposed amendment to the criminal procedure law by adding a new section to 510.25 to read as follows:
510.25 Application For Recognizance Or Bail; Where Defendant Is Accused Of Domestic Violence Or Violating An Existing Order Of Protection.
1. Any Individual Arrested For An Offense Relating To:
(a) Domestic violence, as defined in section 459 of The Social Services Law;
(b) Violating an existing order of protection issued pursuant to the following provisions of law: Subdivision one of Section 530.11, Subparagraph (I) or (ii) of paragraph (o) of Subdivision one of Section 330.20, Section 530.12 of this chapter, orders issued pursuant to Sections 240 And 242 of the domestic relations law, articles four, five, six and eight of the family court act, and an order of protection issued by courts of competent jurisdiction in another state, territorial or tribal jurisdiction; or (c) Committing a family offense as defined in Subdivision one of Section 810 of the family court act shall not be released on bail until they have appeared before a judge of the court.
2. The Court’s review of bail, as provided for in this section, shall include but not be limited to: (a) a review of the circumstances of the arrest; (b) any prior violent offenses; and (c) the risk that the accused poses to the victim if released. Such appearance shall occur within 12 hours of arrest and in no instance may the accused be held
under the provisions of this section for more than twelve hours.
Senate Bill 541
Sponsored by Pretlow, Referred to the Committee on Codes
January 9, 2013
Proposed amendment to Section 170.7 of the criminal procedure law:
Upon application of a defendant against whom a misdemeanor complaint is pending in a local criminal court, and who, either at the time of his arraignment thereon or subsequent thereto, has been committed to the custody of the sheriff pending disposition of the action and who has been confined in such custody for a period of more than five days, not including Sunday, without any information having been filed in replacement of such misdemeanor complaint, the criminal court must release the defendant on his own recognizance unless:
1. The Complaint charges a violation of article 220 or 221 of The Penal Law, in such case, no application may be made unless such defendant has been confined and is in custody for a period of more than ten days, not including Sunday; or
2. The defendant has waived prosecution by information and consented to be prosecuted upon the misdemeanor complaint, pursuant to subdivision three of section 170.65; or
3. The court is satisfied that there is good cause why such order of release should not be issued. Such good cause must consist of some compelling fact or circumstance which precluded replacement of the misdemeanor complaint by information or a prosecutor’s information within the prescribed period.
Section 180.80 of the criminal procedure law, as amended by chapter 556 of the laws of 1982 and subdivision 2 as amended by chapter 557 of the laws of 1982, is amended to read as follows:
Proceedings upon felony complaint; release of defendant from custody upon failure of timely disposition. Upon application of a defendant against whom a felony complaint has been filed with a local criminal court, and who, since the time of his arrest or subsequent thereto, has been held in custody pending disposition of such felony complaint, and who has been confined in such custody for a period of more than one hundred twenty hours or, in the event that a Saturday, Sunday or legal holiday occurs during such custody, one hundred forty-four hours, without either a disposition of the felony complaint or commencement of a hearing thereon, the local criminal court must release him on his own recognizance unless:
1. The felony complaint charges a violation of article 220 or 221 of the penal law, in such case, no application may be made unless such defendant has been confined, and is in custody, for a period of more than two hundred forty hours or, in the event that a Saturday, Sunday or legal holiday occurs during such custody, two hundred sixty-four hours; or
2. The failure to dispose of the felony complaint or to commence a hearing thereon during such period of confinement was due to the defendant’s request, action or condition, or occurred with his consent; or
3. Prior to the application: (a) the district attorney files with the court a written certification
that an indictment has been voted; or (b) An indictment or a direction to file a prosecutor’s information charging an offense based upon conduct alleged in the felony complaint was filed by a grand jury; or
4. The court is satisfied that the people have shown good cause why such order of release should not be issued. Such good cause must consist of some compelling fact or circumstance which precluded disposition of the felony complaint within the prescribed period or rendered such action against the interest of justice.