Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Feb 09, 2009 |
referred to codes |
Senate Bill S1805
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(R, IP) Senate District
(R) Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
2009-S1805 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8655
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd ยง530.60, CP L
- Versions Introduced in 2011-2012 Legislative Session:
-
S2930
2009-S1805 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1805 TITLE OF BILL : 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 PURPOSE : This bill would require the incarceration, PENDING A BAIL REVOCATION HEARING WITHIN 72 HOURS , of a defendant at liberty on bail, upon a filing a VERIFIED STATEMENT that the defendant has intimidated a victim or witness in violation of sections 215.15, 215.16 or 215.17 of the Penal Law. SUMMARY OF PROVISIONS : Requires committing to custody of sheriff a person against who a verified statement has been filed alleging the intimidation of a victim while on bail. JUSTIFICATION : Presently, if a defendant at liberty on bail intimidates a victim or witness, until the district attorney commences a bail revocation hearing, the defendant is free to continue to stalk the crime victim or witness.
2009-S1805 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1805 2009-2010 Regular Sessions I N S E N A T E February 9, 2009 ___________ Introduced by Sens. O. JOHNSON, ALESI, MAZIARZ, SKELOS, VOLKER -- 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: Section 1. Paragraph (c) of subdivision 2 of section 530.60 of the criminal procedure law, as added by chapter 788 of the laws of 1981, is amended to read as follows: (c) Notwithstanding the provisions of paragraph (a) of this subdivi- sion a defendant, against whom a felony complaint has been filed which charges the defendant with commission of a class A or violent felony offense committed while he OR SHE was at liberty as specified therein, [may] OR AGAINST WHOM A VERIFIED STATEMENT HAS BEEN FILED WHICH ALLEGES THAT THE DEFENDANT HAS INTIMIDATED A VICTIM OR WITNESS IN VIOLATION OF SECTION 215.15, 215.16 OR 215.17 OF THE PENAL LAW WHILE AT LIBERTY, UNLESS THE COURT SHALL OTHERWISE MAKE A FINDING ON THE RECORD, SHALL be committed to the custody of the sheriff pending a revocation hearing for a period not to exceed seventy-two hours. An additional period not to exceed seventy-two hours may be granted by the court upon application of the district attorney upon a showing of good cause or where the failure to commence the hearing was due to the defendant's request or occurred with his consent. Such good cause must consist of some compelling fact or circumstance which precluded conducting the hearing within the initial prescribed period. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06108-01-9
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