Assembly Bill A4558B

2021-2022 Legislative Session

Grants superior court judges the authority to issue a temporary order of protection when an action is pending in a local criminal court

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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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Bill Amendments

2021-A4558 - Details

See Senate Version of this Bill:
S2832
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §530.15, amd §530.30, CP L
Versions Introduced in 2023-2024 Legislative Session:
A3750, S3066

2021-A4558 - Summary

Authorizes courts to hold evidentiary hearings for a temporary order of protection in certain circumstances and grants superior court judges the authority to issue a temporary order of protection when an action is pending in a local criminal court in certain circumstances.

2021-A4558 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4558
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by M. of A. QUART -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, in relation to the  issuance
   of temporary orders of protection when an action is pending in a local
   criminal court
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The section heading and subdivision 1 of section 530.30  of
 the  criminal  procedure  law,  as  amended by section 17 of part JJJ of
 chapter 59 of the laws of 2019, are amended to read as follows:
 Order of recognizance, release under non-monetary conditions or bail  OR
   ISSUANCE  OF  A TEMPORARY ORDER OF PROTECTION; by superior court judge
   when action is pending in local criminal court.
   1. When a criminal action is pending in a local criminal court,  other
 than  one  consisting of a superior court judge sitting as such, a judge
 of a superior court holding a term thereof in the county, upon  applica-
 tion  of a defendant, may order recognizance, release under non-monetary
 conditions or, where authorized, bail OR ISSUE A NEW TEMPORARY ORDER  OF
 PROTECTION when such local criminal court:
   (a)  Lacks  authority to issue such an order, pursuant to the relevant
 provisions of section 530.20 of this article; or
   (b) Has denied an application for recognizance, release under non-mon-
 etary conditions or bail; or
   (c) Has fixed bail, where authorized, which is excessive; or
   (d) Has set a securing order of release under non-monetary  conditions
 which  are  more  restrictive  than  necessary  to reasonably assure the
 defendant's return to court.
   In such case, such superior court judge may vacate the order  of  such
 local  criminal court and release the defendant on recognizance or under
 non-monetary conditions, or where  authorized,  fix  bail  in  a  lesser
 amount or in a less burdensome form, whichever are the least restrictive

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A4558A - Details

See Senate Version of this Bill:
S2832
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §530.15, amd §530.30, CP L
Versions Introduced in 2023-2024 Legislative Session:
A3750, S3066

2021-A4558A - Summary

Authorizes courts to hold evidentiary hearings for a temporary order of protection in certain circumstances and grants superior court judges the authority to issue a temporary order of protection when an action is pending in a local criminal court in certain circumstances.

2021-A4558A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4558--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by M. of A. QUART -- read once and referred to the Committee
   on Codes -- committee discharged, bill amended, ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT to amend the criminal procedure law, in relation to the issuance
   of temporary orders of protection when an action is pending in a local
   criminal court

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The section heading and subdivision 1 of section 530.30 of
 the criminal procedure law, as amended by section  17  of  part  JJJ  of
 chapter 59 of the laws of 2019, are amended to read as follows:
 Order  of recognizance, release under non-monetary conditions or bail OR
   ISSUANCE OF A TEMPORARY ORDER OF PROTECTION; by superior  court  judge
   when action is pending in local criminal court.
   1.  When a criminal action is pending in a local criminal court, other
 than one consisting of a superior court judge sitting as such,  a  judge
 of  a superior court holding a term thereof in the county, upon applica-
 tion of a defendant, may order recognizance, release under  non-monetary
 conditions  or, where authorized, bail OR ISSUE A NEW TEMPORARY ORDER OF
 PROTECTION when such local criminal court:
   (a) Lacks authority to issue such an order, pursuant to  the  relevant
 provisions of section 530.20 of this article; or
   (b) Has denied an application for recognizance, release under non-mon-
 etary conditions or bail; or
   (c) Has fixed bail, where authorized, which is excessive; or
   (d)  Has set a securing order of release under non-monetary conditions
 which are more restrictive  than  necessary  to  reasonably  assure  the
 defendant's return to court.
   In  such  case, such superior court judge may vacate the order of such
 local criminal court and release the defendant on recognizance or  under
 non-monetary  conditions,  or  where  authorized,  fix  bail in a lesser

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A4558B (ACTIVE) - Details

See Senate Version of this Bill:
S2832
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §530.15, amd §530.30, CP L
Versions Introduced in 2023-2024 Legislative Session:
A3750, S3066

2021-A4558B (ACTIVE) - Summary

Authorizes courts to hold evidentiary hearings for a temporary order of protection in certain circumstances and grants superior court judges the authority to issue a temporary order of protection when an action is pending in a local criminal court in certain circumstances.

2021-A4558B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4558--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by  M.  of  A. QUART, HEVESI, JACKSON, GOTTFRIED, SEAWRIGHT,
   KELLES, PERRY, GONZALEZ-ROJAS -- read once and referred to the Commit-
   tee on Codes -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee -- again amended on third
   reading,  ordered reprinted, retaining its place on the order of third
   reading
 
 AN ACT to amend the criminal procedure law, in relation to the  issuance
   of temporary orders of protection when an action is pending in a local
   criminal court
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The criminal procedure law  is  amended  by  adding  a  new
 section 530.15 to read as follows:
 § 530.15 TEMPORARY ORDER OF PROTECTION HEARING.
   WHERE  A  COURT HAS ISSUED A TEMPORARY ORDER OF PROTECTION PURSUANT TO
 SUBDIVISION ONE OF SECTION 530.12 OF THIS ARTICLE OR SUBDIVISION ONE  OF
 SECTION  530.13  OF  THIS  ARTICLE, UPON APPLICATION OF A DEFENDANT, THE
 COURT SHALL HOLD AN EVIDENTIARY HEARING WHERE THE PROSECUTOR MUST  SHOW,
 BY CLEAR AND CONVINCING EVIDENCE, THAT THE TEMPORARY ORDER OF PROTECTION
 IS  THE  LEAST  RESTRICTIVE  MEANS OF PROTECTING A DESIGNATED WITNESS OR
 COMPLAINANT FROM INTIMIDATION OR INJURY.
   (A) THE DEFENDANT SHALL BE ENTITLED TO SUCH HEARING WITHIN THREE  DAYS
 OF  REQUESTING  SUCH  HEARING. NOTICE MUST BE GIVEN BY THE COURT TO BOTH
 PARTIES, AS WELL AS THE PARTY PROTECTED BY THE ORDER OF  PROTECTION,  IN
 ADVANCE OF THE HEARING.
   (B)  AT  THE  HEARING, THE PROSECUTION MUST PRESENT WITNESS TESTIMONY,
 SUBJECT TO CROSS-EXAMINATION, THOUGH THE WITNESS NEED NOT BE  THE  PARTY
 PROTECTED BY THE ORDER.  HEARSAY IS ADMISSIBLE.
   (C)  THE COURT SHALL STATE ON THE RECORD OR IN WRITING ITS FINDINGS OF
 FACTS AND CONCLUSIONS OF LAW, THE REASONS FOR MAINTAINING, VACATING,  OR
 MODIFYING  THE TEMPORARY ORDER OF PROTECTION, AND, WHERE APPLICABLE, WHY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01735-06-1

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