S T A T E O F N E W Y O R K
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2616
2013-2014 Regular Sessions
I N A S S E M B L Y
January 17, 2013
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Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee 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.
LBD05482-01-3
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the arrested person or pre-arraignment bail must be fixed, as prescribed
in subdivision two OF THIS SECTION. If pre-arraignment bail is fixed
but not posted, such arrested person may be temporarily held in custody
but must be brought before a local criminal court without unnecessary
delay. Nothing contained in this subdivision requires a police officer
to serve an appearance ticket upon an arrested person or release him OR
HER from custody at a time when such person appears to be under the
influence of alcohol, narcotics or other drug to the degree that he OR
SHE may endanger himself, HERSELF or other persons.
3-A. IF THE ARREST IS MADE FOR A FAMILY OFFENSE AS DESCRIBED IN SUBDI-
VISION ONE OF SECTION 530.11 OF THIS CHAPTER AND AN APPEARANCE TICKET IS
ISSUED, THE APPEARANCE TICKET SHALL BE IN THE FORM OF A FAMILY OFFENSE
APPEARANCE TICKET AS DEFINED IN SUBDIVISION FORTY-FOUR OF SECTION 1.20
OF THIS CHAPTER.
S 2. Subdivisions 3 and 4 of section 140.27 of the criminal procedure
law, as amended by chapter 550 of the laws of 1987, are amended to read
as follows:
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 unavailabil-
ity of a local criminal court such peace officer is unable to bring or
cause the arrested person to be brought before such a court with reason-
able promptness, the arrested person must be brought to an appropriate
police station, county jail or police headquarters where he OR SHE must
be dealt with in the manner prescribed in subdivision three OR THREE-A
of section 140.20 OF THIS ARTICLE, as if he OR SHE had been arrested by
a police officer.
4. 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 two
OF THIS SECTION, and the procedure may instead be as follows:
(a) The arresting peace officer, where he OR SHE is specially author-
ized by law to issue and serve an appearance ticket, may issue and serve
an appearance ticket upon the arrested person and release him OR HER
from custody; [or]
(b) The arresting peace officer, where he OR SHE is not specially
authorized by law to issue and serve an appearance ticket, may enlist
the aid of a police officer and request that such officer issue and
serve an appearance ticket upon the arrested person, and upon such issu-
ance and service the latter must be released from custody[.]; OR
(C) IF THE ARREST IS MADE FOR A FAMILY OFFENSE AS DESCRIBED IN SUBDI-
VISION ONE OF SECTION 530.11 OF THIS CHAPTER AND AN APPEARANCE TICKET IS
ISSUED, THE APPEARANCE TICKET SHALL BE IN THE FORM OF A FAMILY OFFENSE
APPEARANCE TICKET AS DEFINED IN SUBDIVISION FORTY-FOUR OF SECTION 1.20
OF THIS CHAPTER.
S 3. Section 1.20 of the criminal procedure law is amended by adding a
new subdivision 44 to read as follows:
44. "FAMILY OFFENSE APPEARANCE TICKET" IS AN APPEARANCE TICKET ISSUED
TO A PERSON ALLEGING HIS OR HER COMMISSION OF A FAMILY OFFENSE, AS
DESCRIBED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER, WHICH
CONTAINS A DIRECTION TO SUCH PERSON NOT TO HAVE CONTACT WITH THE
COMPLAINING WITNESS PRIOR TO HIS OR HER APPEARANCE IN COURT.
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S 4. Subdivision 1 of section 150.20 of the criminal procedure law, as
amended by chapter 550 of the laws of 1987, is amended to read as
follows:
1. Whenever a police officer is authorized pursuant to section 140.10
OF THIS PART to arrest a person without a warrant 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, he OR SHE
may, subject to the provisions of subdivisions three and four of section
150.40 OF THIS ARTICLE, instead issue to and serve upon such person an
appearance ticket, PROVIDED HOWEVER, THAT IF THE APPEARANCE TICKET IS
ISSUED FOR A FAMILY OFFENSE AS DESCRIBED IN SUBDIVISION ONE OF SECTION
530.11 OF THIS CHAPTER, THE APPEARANCE TICKET SHALL BE IN THE FORM OF A
FAMILY OFFENSE APPEARANCE TICKET AS DEFINED IN SUBDIVISION FORTY-FOUR OF
SECTION 1.20 OF THIS CHAPTER.
S 5. The penal law is amended by adding a new section 215.85 to read
as follows:
S 215.85 FAILING TO COMPLY WITH A FAMILY OFFENSE APPEARANCE TICKET.
1. A PERSON IS GUILTY OF FAILING TO COMPLY WITH A FAMILY OFFENSE
APPEARANCE TICKET WHEN, HAVING BEEN PERSONALLY SERVED WITH A FAMILY
OFFENSE APPEARANCE TICKET, AS DEFINED IN SUBDIVISION TWO OF THIS
SECTION, BASED UPON HIS OR HER ALLEGED COMMISSION OF A FAMILY OFFENSE,
HE OR SHE EITHER:
(A) DOES NOT APPEAR PERSONALLY IN THE COURT IN WHICH SUCH FAMILY
OFFENSE APPEARANCE TICKET IS RETURNABLE ON THE RETURN DATE THEREOF OR
VOLUNTARILY WITHIN THIRTY DAYS THEREAFTER; OR
(B) INTENTIONALLY FAILS TO COMPLY WITH THE DIRECTION CONTAINED IN THE
FAMILY COURT APPEARANCE TICKET NOT TO HAVE CONTACT WITH THE COMPLAINING
WITNESS PRIOR TO HIS OR HER APPEARANCE IN COURT.
2. AS USED IN THIS SECTION, A FAMILY OFFENSE APPEARANCE TICKET MEANS A
WRITTEN NOTICE, WHETHER REFERRED TO AS A SUMMONS OR BY ANY OTHER NAME,
ISSUED BY A POLICE OFFICER, PEACE OFFICER OR OTHER NON-JUDICIAL PUBLIC
SERVANT AUTHORIZED BY LAW TO ISSUE THE SAME, DIRECTING A DESIGNATED
PERSON TO APPEAR IN A DESIGNATED COURT AT A DESIGNATED FUTURE TIME IN
CONNECTION WITH A CRIMINAL ACTION TO BE INSTITUTED IN SUCH COURT WITH
RESPECT TO HIS OR HER ALLEGED COMMISSION OF A FAMILY OFFENSE AS
DESCRIBED IN SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE
LAW, AND FURTHER DIRECTING SUCH PERSON NOT TO HAVE CONTACT WITH THE
COMPLAINING WITNESS PRIOR TO HIS OR HER APPEARANCE IN COURT.
FAILING TO COMPLY WITH PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
SECTION IS A VIOLATION. FAILING TO COMPLY WITH PARAGRAPH (B) OF SUBDIVI-
SION ONE OF THIS SECTION IS A CLASS B MISDEMEANOR.
S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.