STATE OF NEW YORK
________________________________________________________________________
6775
2015-2016 Regular Sessions
IN ASSEMBLY
April 2, 2015
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to factors for
the issuance of an order of recognizance or bail
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (vii) of paragraph (a) of subdivision 2 of
2 section 510.30 of the criminal procedure law, as added by section 1 of
3 part D of chapter 491 of the laws of 2012, is amended to read as
4 follows:
5 (vii) Where the principal is charged with a crime or crimes against a
6 member or members of the same family or household as that term is
7 defined in subdivision one of section 530.11 of this title, the follow-
8 ing factors:
9 (A) any history of prior acts of violence or threats of violence
10 against a witness in the pending criminal action; and
11 (B) any order of protection issued by any court against the principal
12 for the protection of a member or members of the same family or house-
13 hold as that term is defined in subdivision one of section 530.11 of
14 this title, whether or not such order of protection is currently in
15 effect; and
16 (C) any prior arrest or conviction for a crime or violation against a
17 member or members of the same family or household as that term is
18 defined in subdivision one of section 530.11 of this title; and
19 (D) any violation by the principal of an order of protection issued by
20 any court for the protection of a member or members of the same family
21 or household as that term is defined in subdivision one of section
22 530.11 of this title, whether or not such order of protection is
23 currently in effect; and
24 [(B)] (E) the principal's history of use or possession of a firearm;
25 and
26 § 2. This act shall take effect on the sixtieth day after it shall
27 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10248-01-5
