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.
STATE OF NEW YORK
________________________________________________________________________
7633
2019-2020 Regular Sessions
IN ASSEMBLY
May 14, 2019
___________
Introduced by M. of A. QUART -- read once and referred to the Committee
on Codes
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. Section 530.30 of the criminal procedure law, subdivision 2
2 as amended by chapter 762 of the laws of 1971, is amended to read as
3 follows:
4 § 530.30 Order of recognizance or bail or issuance of a temporary order
5 of protection; by superior court judge when action is pend-
6 ing in local criminal court.
7 1. When a criminal action is pending in a local criminal court, other
8 than one consisting of a superior court judge sitting as such, a judge
9 of a superior court holding a term thereof in the county, upon applica-
10 tion of a defendant, may order recognizance or bail or issue a new
11 temporary order of protection when such local criminal court:
12 (a) Lacks authority to issue such an order, pursuant to paragraph (a)
13 of subdivision two of section 530.20 of this article; or
14 (b) Has denied an application for recognizance or bail; or
15 (c) Has fixed bail which is excessive. In such case, such superior
16 court judge may vacate the order of such local criminal court and
17 release the defendant on his own recognizance or fix bail in a lesser
18 amount or in a less burdensome form; or
19 (d) Has denied a request to modify or limit a temporary order of
20 protection issued pursuant to subdivision one of section 530.12 of this
21 article or subdivision one of section 530.13 of this article. In such
22 case, such superior court judge may vacate or modify the order of the
23 local criminal court unless the prosecutor shows, by clear and convinc-
24 ing evidence, that the temporary order of protection is necessary to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11214-02-9
A. 7633 2
1 protect such designated witness or complainant from intimidation or
2 injury and issue a new temporary order of protection. The superior
3 court judge shall state on the record the reasons for maintaining or
4 vacating the temporary order of protection.
5 2. Notwithstanding the provisions of subdivision one, when the
6 defendant is charged with a felony in a local criminal court, a superior
7 court judge may not order recognizance or bail unless and until the
8 district attorney has had an opportunity to be heard in the matter and
9 such judge has been furnished with a report as described in subparagraph
10 (ii) of paragraph (b) of subdivision two of section 530.20 of this arti-
11 cle.
12 3. Not more than one application may be made pursuant to this
13 section.
14 § 2. The section heading and subdivision 1 of section 530.30 of the
15 criminal procedure law, as amended by section 17 of part JJJ of chapter
16 59 of the laws of 2019, are amended to read as follows:
17 Order of recognizance, release under non-monetary conditions or bail or
18 issuance of a temporary order of protection; by superior court judge
19 when action is pending in local criminal court.
20 1. When a criminal action is pending in a local criminal court, other
21 than one consisting of a superior court judge sitting as such, a judge
22 of a superior court holding a term thereof in the county, upon applica-
23 tion of a defendant, may order recognizance, release under non-monetary
24 conditions or, where authorized, bail or issue a new temporary order of
25 protection when such local criminal court:
26 (a) Lacks authority to issue such an order, pursuant to the relevant
27 provisions of section 530.20 of this article; or
28 (b) Has denied an application for recognizance, release under non-mon-
29 etary conditions or bail; or
30 (c) Has fixed bail, where authorized, which is excessive; or
31 (d) Has set a securing order of release under non-monetary conditions
32 which are more restrictive than necessary to reasonably assure the
33 defendant's return to court.
34 In such case, such superior court judge may vacate the order of such
35 local criminal court and release the defendant on recognizance or under
36 non-monetary conditions, or where authorized, fix bail in a lesser
37 amount or in a less burdensome form, whichever are the least restrictive
38 alternative and conditions that will reasonably assure the defendant's
39 return to court. The court shall explain its choice of alternative and
40 conditions on the record or in writing; or
41 (e) Has denied a request to modify or limit a temporary order of
42 protection issued pursuant to subdivision one of section 530.12 of this
43 article or subdivision one of section 530.13 of this article. In such
44 case, such superior court judge may vacate or modify the order of the
45 local criminal court unless the prosecutor shows, by clear and convinc-
46 ing evidence, that the temporary order of protection is necessary to
47 protect such designated witness or complainant from intimidation or
48 injury and issue a new temporary order of protection. The superior court
49 judge shall state on the record the reasons for maintaining or vacating
50 the temporary order of protection.
51 § 3. This act shall take effect immediately; provided, however, that
52 section two of this act shall take effect on the same date and in the
53 same manner as part JJJ of chapter 59 of the laws of 2019 takes effect.
