Assembly Bill A1755

2015-2016 Legislative Session

Creates a provision requiring court review of domestic violence bail applications

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

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2015-A1755 (ACTIVE) - Details

See Senate Version of this Bill:
S3183
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add ยง510.25, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10736, S8018
2011-2012: A2216, S829
2013-2014: A1439, S2024
2017-2018: A1660, S5212
2019-2020: A1892, S2921
2021-2022: A9369, S4145
2023-2024: A3614

2015-A1755 (ACTIVE) - Summary

Requires court review of domestic violence bail applications.

2015-A1755 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1755

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced by M. of A. ZEBROWSKI, CAHILL, SCHIMMINGER -- Multi-Sponsored
  by -- M. of A.  GLICK, MARKEY -- read once and referred to the Commit-
  tee on Codes

AN  ACT  to  amend  the criminal procedure law, in relation to requiring
  court review of domestic violence bail applications

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the "Isol Cotto
Act".
  S  2.  The  criminal  procedure law is amended by adding a new section
510.25 to read as follows:
S 510.25 APPLICATION  FOR  RECOGNIZANCE  OR  BAIL;  WHERE  DEFENDANT  IS
           ACCUSED  OF  DOMESTIC VIOLENCE OR VIOLATING AN EXISTING ORDER
           OF PROTECTION.
  1. ANY INDIVIDUAL ARRESTED FOR AN OFFENSE RELATING  TO:  (A)  DOMESTIC
VIOLENCE,  AS DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL
SERVICES LAW; (B) VIOLATING  AN  EXISTING  ORDER  OF  PROTECTION  ISSUED
PURSUANT TO THE FOLLOWING PROVISIONS OF LAW:  SUBDIVISION ONE OF SECTION
530.11,  SUBPARAGRAPH (I) OR (II) OF PARAGRAPH (O) OF SUBDIVISION ONE OF
SECTION 330.20, SECTION 530.12 OF THIS CHAPTER, ORDERS  ISSUED  PURSUANT
TO  SECTIONS TWO HUNDRED FORTY AND TWO HUNDRED FIFTY-TWO OF THE DOMESTIC
RELATIONS LAW, ARTICLES FOUR, FIVE, SIX AND EIGHT OF  THE  FAMILY  COURT
ACT,  AND AN ORDER OF PROTECTION ISSUED BY COURTS OF COMPETENT JURISDIC-
TION IN ANOTHER  STATE,  TERRITORIAL  OR  TRIBAL  JURISDICTION;  OR  (C)
COMMITTING  A  FAMILY  OFFENSE  AS DEFINED IN SUBDIVISION ONE OF SECTION
EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT SHALL NOT  BE  RELEASED  ON
BAIL UNTIL THEY HAVE APPEARED BEFORE A JUDGE OF THE COURT.
  2.  THE COURT'S REVIEW OF BAIL, AS PROVIDED FOR IN THIS SECTION, SHALL
INCLUDE BUT NOT BE LIMITED TO: (A) A REVIEW OF THE CIRCUMSTANCES OF  THE
ARREST;  (B)  ANY  PRIOR  VIOLENT  OFFENSES;  AND  (C) THE RISK THAT THE
ACCUSED POSES TO THE VICTIM IF RELEASED.  SUCH  APPEARANCE  SHALL  OCCUR
WITHIN TWELVE HOURS OF ARREST AND IN NO INSTANCE MAY THE ACCUSED BE HELD
UNDER THE PROVISIONS OF THIS SECTION FOR MORE THAN TWELVE HOURS.
  S 3. This act shall take effect immediately.

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