STATE OF NEW YORK
________________________________________________________________________
1414--B
Cal. No. 414
2011-2012 Regular Sessions
IN SENATE
January 7, 2011
___________
Introduced by Sens. SALAND, BALL, GOLDEN, OPPENHEIMER, SAVINO -- read
twice and ordered printed, and when printed to be committed to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, passed by Senate and delivered to
the Assembly, recalled, vote reconsidered, restored to third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT to amend the criminal procedure law, in relation to the consider-
ation of certain factors when determining 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. Subparagraphs (vii) and (viii) of paragraph (a) of subdivi-
2 sion 2 of section 510.30 of the criminal procedure law, as renumbered by
3 chapter 447 of the laws of 1977, are renumbered subparagraphs (viii) and
4 (ix) and a new subparagraph (vii) is added to read as 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 violation by the principal of an order of protection issued by
10 any court for the protection of a member or members of the same family
11 or household as that term is defined in subdivision one of section
12 530.11 of this title, whether or not such order of protection is
13 currently in effect; and
14 (B) the principal's history of use or possession of a firearm; and
15 § 2. This act shall take effect on the sixtieth day after it shall
16 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05325-04-2
