Directs the court to consider certain factors relating to a defendant's history of prior acts of violence against family members and witnesses in the pending action when considering the issuance of an order of recognizance or bail.
STATE OF NEW YORK
________________________________________________________________________
6067
2023-2024 Regular Sessions
IN SENATE
March 28, 2023
___________
Introduced by Sen. CANZONERI-FITZPATRICK -- 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 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. Paragraphs (g), (h), (i) and (j) of subdivision 1 of
2 section 510.30 of the criminal procedure law, as amended by section 2 of
3 subpart C of part UU of chapter 56 of the laws of 2022, are amended and
4 two new paragraphs (k) and (l) are added to read as follows:
5 (g) [any violation by the principal of an order of protection issued
6 by any court] Any order of protection issued by any court against the
7 principal for the protection of a member or members of the same family
8 or household as that term is defined in subdivision one of section
9 530.11 of this title, whether or not such order of protection is
10 currently in effect and any violation by the principal of any such order
11 of protection;
12 (h) [the] The principal's history of use or possession of a firearm;
13 (i) [whether] Whether the charge is alleged to have caused serious
14 harm to an individual or group of individuals; [and]
15 (j) If the principal is a defendant, in the case of an application for
16 a securing order pending appeal, the merit or lack of merit of the
17 appeal[.];
18 (k) Any history of prior acts of violence or threats of violence
19 against a witness in the pending criminal action; and
20 (l) Any prior arrest or conviction for a crime or violation against a
21 member or members of the same family or household as that term is
22 defined in subdivision one of section 530.11 of this title.
23 § 2. This act shall take effect on the sixtieth day after it shall
24 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09209-01-3
