Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
May 15, 2009 |
referred to codes |
Senate Bill S5552
2009-2010 Legislative Session
Sponsored By
(D, WF) 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
(D, WF) 28th Senate District
2009-S5552 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2022
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§140.20, 140.27, 1.20 & 150.20, CP L; add §215.85, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A5940
2013-2014: A2616
2009-S5552 (ACTIVE) - Summary
Mandates arraignments for all felony and misdemeanor family offenses; amends criminal procedure law to mandate that persons arrested for family offenses as defined in section 530.11 of such law, must be arraigned in criminal court; adds new section 215.85 to the penal law, relating to failure to comply with a family offense appearance ticket.
2009-S5552 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5552 TITLE OF BILL : An act to amend the criminal procedure law and the penal law, in relation to the issuance of family offense appearance tickets for family offenses PURPOSE OR GENERAL IDEA OF BILL : The purpose of this measure is to protect accuser-victims of family offenses from retaliation by their alleged attackers. SUMMARY OF SPECIFIC PROVISIONS : Section one of this measure amends subdivisions 2 and 3 of § 140.20 of the Criminal Procedure Law, to include arrests made pursuant to family offenses as defined in § 530.11 of the Criminal Procedure Law. Section one also adds a new 3-a to this section, which requires the issuance of a "family offense appearance ticket" when an appearance ticket is issued after an arrest for family offenses as defined in § 530.11 of the Criminal Procedure Law. Section two of the measure makes similar amendments to subdivisions 3 and 4 of § 140.27 of the Criminal Procedure Law. Section three of the bill adds a new subdivision 44 to § 1.20 of the Criminal Procedure Law, defining "family offense appearance ticket" as an appearance ticket which directs the subject not to have contact with the complaining witness prior to their appearance in court. Section four of the bill amends subdivision one of § 150.20 of the Criminal Procedure Law, to provide that if an
2009-S5552 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5552 2009-2010 Regular Sessions I N S E N A T E May 15, 2009 ___________ Introduced by Sen. OPPENHEIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law and the penal law, in relation to the issuance of family offense appearance tickets for family offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 2 and 3 of section 140.20 of the criminal procedure law, as amended by chapter 550 of the laws of 1987, are amended and a new subdivision 3-a is added to read as follows: 2. If the arrest is for an offense other than a class A, B, C or D felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law OR A FAMILY OFFENSE AS DESCRIBED IN SUBDIVI- SION ONE OF SECTION 530.11 OF THIS CHAPTER, the arrested person need not be brought before a local criminal court as provided in subdivision one OF THIS SECTION, and the procedure may instead be as follows: (a) A police officer may issue and serve an appearance ticket upon the arrested person and release him OR HER from custody, as prescribed in subdivision two of section 150.20 OF THIS TITLE; or (b) The desk officer in charge at a police station, county jail or police headquarters, or any of his OR HER superior officers, may, in such place fix pre-arraignment bail and, upon deposit thereof, issue and serve an appearance ticket upon the arrested person and release him OR HER from custody, as prescribed in section 150.30 OF THIS TITLE. 3. If (a) the arrest is for an offense other than a class A, B, C or D felony or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law OR A FAMILY OFFENSE AS DESCRIBED IN SUBDIVI- SION ONE OF SECTION 530.11 OF THIS CHAPTER, and (b) owing to unavail- ability of a local criminal court the arresting police officer is unable to bring the arrested person before such a court with reasonable prompt- ness, either an appearance ticket must be served unconditionally upon EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04718-01-9
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