Senate Bill S2921

2019-2020 Legislative Session

Creates a provision requiring court review of domestic violence bail applications

download bill text pdf

Sponsored By

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

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2019-S2921 (ACTIVE) - Details

See Assembly Version of this Bill:
A1892
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §510.25, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S8018, A10736
2011-2012: S829, A2216
2013-2014: S2024, A1439
2015-2016: S3183, A1755
2017-2018: S5212, A1660
2021-2022: S4145, A9369
2023-2024: A3614

2019-S2921 (ACTIVE) - Summary

Requires court review of domestic violence bail applications.

2019-S2921 (ACTIVE) - Sponsor Memo

2019-S2921 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2921
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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
   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".
   § 2. The criminal procedure law is amended by  adding  a  new  section
 510.25 to read as follows:
 § 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.
   § 3. This act shall take effect immediately.

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