Requires the incarceration of a defendant, pending a bail revocation hearing, upon filing of a statement alleging the intimidation of a victim or witness while such defendant was at liberty on bail; requires revocation hearing within 72 hours.
STATE OF NEW YORK
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2930
2011-2012 Regular Sessions
IN SENATE
February 3, 2011
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Introduced by Sens. JOHNSON, BONACIC -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to requiring
certain persons be committed to the custody of the sheriff pending a
hearing on revocation of bail
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 2 of section 530.60 of the
2 criminal procedure law, as added by chapter 788 of the laws of 1981, is
3 amended to read as follows:
4 (c) Notwithstanding the provisions of paragraph (a) of this subdivi-
5 sion a defendant, against whom a felony complaint has been filed which
6 charges the defendant with commission of a class A or violent felony
7 offense committed while he or she was at liberty as specified therein,
8 [may] or against whom a verified statement has been filed which alleges
9 that the defendant has intimidated a victim or witness in violation of
10 section 215.15, 215.16 or 215.17 of the penal law while at liberty,
11 unless the court shall otherwise make a finding on the record, shall be
12 committed to the custody of the sheriff pending a revocation hearing for
13 a period not to exceed seventy-two hours. An additional period not to
14 exceed seventy-two hours may be granted by the court upon application of
15 the district attorney upon a showing of good cause or where the failure
16 to commence the hearing was due to the defendant's request or occurred
17 with his consent. Such good cause must consist of some compelling fact
18 or circumstance which precluded conducting the hearing within the
19 initial prescribed period.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07071-01-1
