NY State Senate Bill 2021-S3842

Senate Bill S3842

2021-2022 Legislative Session

Adds certain offenses committed by a family member to the list of crimes qualifying for bail

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jan 31, 2021	referred to codes

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2021-S3842 (ACTIVE) - Details

See Assembly Version of this Bill:: A2616
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6839, A9564
2023-2024: S4484

2021-S3842 (ACTIVE) - Summary

Adds certain offenses committed by a family member to the list of crimes qualifying for bail.

2021-S3842 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3842

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to adding
certain offenses committed by a family member to the list of crimes
qualifying for bail

 
PURPOSE:

To protect victims of domestic violence by allowing judges more
discretion in securing orders in certain cases related to domestic
violence.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Section 510.10 of the Criminal Procedure law to add to
the definition of a qualifying offense for the purpose of this subdivi-
sion to ensure the inclusion of all instances of aggravated family
offenses, which include: assault in the third degree; menacing in the

first, second and third degree; reckless endangerment in the second
degree; stalking in the second, third and fourth degree; criminal
obstruction of breathing or blood circulation; manslaughter in the
second degree; unlawful imprisonment in the first and second degree;
coercion in the first, second and third degree; burglary in the second
and third degree; criminal mischief in the first, second, third and
fourth degree; criminal tampering in the third degree; harassment in the
first degree; aggravated harassment in the second degree; or any attempt
or conspiracy to commit any such offenses where the principal and the
person against whom the offense was committed were members of the same
family or household.

Section 2: Adds similar provisions to Section 530.20 of the Criminal
Procedure Law as Section 1 of this act.

Section 3: Adds similar provisions to Section 530.40 of the Criminal
Procedure Law as Section 1 of this act.

Section 4: Establishes the effective date.

 
EXISTING LAW:

Cash bail and pretrial detention has been eliminated for most misdemea-
nor and non-violent felony offenses; however, it has also been elimi-
nated for certain offenses related to domestic violence as well.

 
JUSTIFICATION:

The 2019-2020 New York State Budget included sweeping changes to the
bail system in New York State, eliminating cash bail and pretrial
detention for most offenses. While these reforms had laudable intentions
to protect the rights of the accused, there are many who fear unintended
consequences may result from those changes and jeopardize the safety of
victims, particularly in cases of domestic violence.

Escalation of abuse is common when the abuser fears they are losing
control over a relationship, which is consistent with research that has
shown that the period of a victim's separation from their abuser is one
of the most dangerous times in domestic violence cases, highlighting the
need for pretrial detention when appropriate.

In 2018, New York State domestic and sexual violence hotlines received
more than 340,000 calls-a 19% increase from the year before. In the same
year, 44% of female homicide victims 16 or older were killed at the
hands of an intimate partner. It has been noted there is a high risk of
domestic violence offenders committing dangerous acts between the time
they are arrested and the time they are sentenced. A study of pretrial
rearrests in New York City involving domestic violence defendants found
that approximately 1 in 10 such defendants were re-arrested for a new
domestic violence offense during the pretrial period, and previous
studies have found the number is as high as one in four defendants. It
should be noted that the number of re-offenders is likely higher than
the number of those re-arrested, given that many victims do not report
each, if any, offense.

This legislation will ensure that each crime under the aggravated family
offense statute is considered a qualifying offense for the purpose of
judicial consideration of cash bail and pretrial detention, as
victims.of domestic violence are much more at an increased risk for
re-victimization. Expanding the definition to include such offenses will
offer the ability for courts to provide greater protections to victims
of domestic violence during the pretrial period, as these cases are
unfortunately not uncommon-Dutchess County alone has had 375 cases
involving aggravated family offense charges from 2014 to late 2019.

While it is incumbent upon the state to safeguard the rights of those
within its borders, maintaining public safety and protecting victims
must remain a top priority.

 
LEGISLATIVE HISTORY:

2019-20: S.6839 Referred to Codes

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date upon which it shall have become a law.

2021-S3842 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3842
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2021
                                ___________
 
 Introduced by Sens. SERINO, GALLIVAN, AKSHAR, BORRELLO, HELMING, JORDAN,
   O'MARA,  ORTT,  TEDISCO  --  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  adding
   certain  offenses  committed  by a family member to the list of crimes
   qualifying for bail
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The opening paragraph and paragraphs (s) and (t) of subdi-
 vision 4 of section 510.10 of the criminal procedure  law,  the  opening
 paragraph as amended and paragraphs (s) and (t) as added by section 2 of
 part  UU  of chapter 56 of the laws of 2020, are amended and a new para-
 graph (u) is added to read as follows:
   Where the principal stands charged  with  a  qualifying  offense,  the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary  conditions,  fix  bail, or, where the defendant is charged
 with a qualifying offense [which is a felony], the court may commit  the
 principal to the custody of the sheriff. A principal stands charged with
 a qualifying offense for the purposes of this subdivision when he or she
 stands charged with:
   (s)  a  felony,  where  the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, where such charge arose from conduct  occurring
 while  the  defendant  was  released  on  his or her own recognizance or
 released under conditions for a separate felony or class  A  misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that  the  prosecutor  must  show  reasonable  cause to believe that the
 defendant committed the instant crime and any underlying crime. For  the

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

                                                            LBD01292-01-1

 S. 3842                             2
 
 purposes  of this [subparagraph] PARAGRAPH, any of the underlying crimes
 need not be a qualifying offense as defined in this subdivision[.];OR
   (U)  ANY  OF  THE  FOLLOWING  AGGRAVATED FAMILY OFFENSES AS DEFINED IN
 SECTION 240.75 OF THE PENAL LAW  WHERE  THE  PRINCIPAL  AND  THE  PERSON
 AGAINST  WHOM  THE OFFENSE WAS COMMITTED WERE MEMBERS OF THE SAME FAMILY
 OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11; AN OFFENSE
 DEFINED IN SECTION 120.00 (ASSAULT IN THE THIRD DEGREE); SECTION  120.13
 (MENACING  IN  THE FIRST DEGREE); SECTION 120.14 (MENACING IN THE SECOND
 DEGREE); SECTION 120.15 (MENACING IN THE THIRD DEGREE);  SECTION  120.20
 (RECKLESS  ENDANGERMENT  IN THE SECOND DEGREE); SECTION 120.45 (STALKING
 IN THE FOURTH DEGREE); SECTION 120.50 (STALKING IN  THE  THIRD  DEGREE);
 SECTION 120.55 (STALKING IN THE SECOND DEGREE); SECTION 121.11 (CRIMINAL
 OBSTRUCTION  OF  BREATHING  OR  BLOOD  CIRCULATION);  SUBDIVISION ONE OF
 SECTION 125.15 (MANSLAUGHTER  IN  THE  SECOND  DEGREE);  SECTION  135.05
 (UNLAWFUL  IMPRISONMENT  IN THE SECOND DEGREE); SECTION 135.10 (UNLAWFUL
 IMPRISONMENT IN THE FIRST DEGREE); SECTION 135.60 (COERCION IN THE THIRD
 DEGREE); SECTION 135.61 (COERCION IN THE SECOND DEGREE); SECTION  135.65
 (COERCION  IN  THE  FIRST DEGREE); SECTION 140.20 (BURGLARY IN THE THIRD
 DEGREE); SECTION 140.25 (BURGLARY IN THE SECOND DEGREE); SECTION  145.00
 (CRIMINAL  MISCHIEF  IN  THE  FOURTH  DEGREE);  SECTION 145.05 (CRIMINAL
 MISCHIEF IN THE THIRD DEGREE); SECTION 145.10 (CRIMINAL MISCHIEF IN  THE
 SECOND  DEGREE); SECTION 145.12 (CRIMINAL MISCHIEF IN THE FIRST DEGREE);
 SECTION 145.14 (CRIMINAL TAMPERING IN THE THIRD DEGREE); SECTION  240.25
 (HARASSMENT  IN  THE  FIRST  DEGREE);  SUBDIVISION  ONE,  TWO OR FOUR OF
 SECTION 240.30 (AGGRAVATED HARASSMENT IN THE SECOND DEGREE) OF THE PENAL
 LAW; OR ANY ATTEMPT  OR  CONSPIRACY  TO  COMMIT  ANY  OF  THE  FOREGOING
 OFFENSES.
   §  2.  The opening paragraph and subparagraphs (xix) and (xx) of para-
 graph (b) of subdivision 1 of section 530.20 of the  criminal  procedure
 law,  as  amended  by  section 3 of part UU of chapter 56 of the laws of
 2020, are amended and a new subparagraph  (xxi)  is  added  to  read  as
 follows:
   Where  the  principal  stands  charged  with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix bail, or, where the  defendant  is  charged
 with  a qualifying offense [which is a felony], the court may commit the
 principal to the custody of the sheriff. The  court  shall  explain  its
 choice of release, release with conditions, bail or remand on the record
 or in writing. A principal stands charged with a qualifying offense when
 he or she stands charged with:
   (xix)  a  felony, where the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
   (xx)  any felony or class A misdemeanor involving harm to an identifi-
 able person or property, where such charge arose from conduct  occurring
 while  the  defendant  was  released  on  his or her own recognizance or
 released under conditions for a separate felony or class  A  misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that  the  prosecutor  must  show  reasonable  cause to believe that the
 defendant committed the instant crime and any underlying crime. For  the
 purposes  of this subparagraph, any of the underlying crimes need not be
 a qualifying offense as defined in this subdivision[.];OR
   (XXI) ANY OF THE FOLLOWING AGGRAVATED FAMILY OFFENSES  AS  DEFINED  IN
 SECTION  240.75  OF  THE  PENAL  LAW  WHERE THE PRINCIPAL AND THE PERSON
 AGAINST WHOM THE OFFENSE WAS COMMITTED WERE MEMBERS OF THE  SAME  FAMILY

 S. 3842                             3
 
 OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11; AN OFFENSE
 DEFINED  IN SECTION 120.00 (ASSAULT IN THE THIRD DEGREE); SECTION 120.13
 (MENACING IN THE FIRST DEGREE); SECTION 120.14 (MENACING IN  THE  SECOND
 DEGREE);  SECTION  120.15 (MENACING IN THE THIRD DEGREE); SECTION 120.20
 (RECKLESS ENDANGERMENT IN THE SECOND DEGREE); SECTION  120.45  (STALKING
 IN  THE  FOURTH  DEGREE); SECTION 120.50 (STALKING IN THE THIRD DEGREE);
 SECTION 120.55 (STALKING IN THE SECOND DEGREE); SECTION 121.11 (CRIMINAL
 OBSTRUCTION OF BREATHING  OR  BLOOD  CIRCULATION);  SUBDIVISION  ONE  OF
 SECTION  125.15  (MANSLAUGHTER  IN  THE  SECOND  DEGREE); SECTION 135.05
 (UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE); SECTION  135.10  (UNLAWFUL
 IMPRISONMENT IN THE FIRST DEGREE); SECTION 135.60 (COERCION IN THE THIRD
 DEGREE);  SECTION 135.61 (COERCION IN THE SECOND DEGREE); SECTION 135.65
 (COERCION IN THE FIRST DEGREE); SECTION 140.20 (BURGLARY  IN  THE  THIRD
 DEGREE);  SECTION 140.25 (BURGLARY IN THE SECOND DEGREE); SECTION 145.00
 (CRIMINAL MISCHIEF IN  THE  FOURTH  DEGREE);  SECTION  145.05  (CRIMINAL
 MISCHIEF  IN THE THIRD DEGREE); SECTION 145.10 (CRIMINAL MISCHIEF IN THE
 SECOND DEGREE); SECTION 145.12 (CRIMINAL MISCHIEF IN THE FIRST  DEGREE);
 SECTION  145.14 (CRIMINAL TAMPERING IN THE THIRD DEGREE); SECTION 240.25
 (HARASSMENT IN THE FIRST  DEGREE);  SUBDIVISION  ONE,  TWO  OR  FOUR  OF
 SECTION 240.30 (AGGRAVATED HARASSMENT IN THE SECOND DEGREE) OF THE PENAL
 LAW;  OR  ANY  ATTEMPT  OR  CONSPIRACY  TO  COMMIT  ANY OF THE FOREGOING
 OFFENSES.
   § 3. The opening paragraph and paragraphs (s) and (t) of subdivision 4
 of section 530.40 of the criminal procedure law, the  opening  paragraph
 as  amended  and paragraphs (s) and (t) as added by section 4 of part UU
 of chapter 56 of the laws of 2020, are amended and a new  paragraph  (u)
 is added to read as follows:
   Where  the  principal  stands  charged  with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix bail, or, where the  defendant  is  charged
 with  a qualifying offense [which is a felony], the court may commit the
 principal to the custody of the sheriff. The  court  shall  explain  its
 choice of release, release with conditions, bail or remand on the record
 or  in writing. A principal stands charged with a qualifying offense for
 the purposes of this subdivision when he or she stands charged with:
   (s) a felony, where the defendant qualifies  for  sentencing  on  such
 charge  as a persistent felony offender pursuant to section 70.10 of the
 penal law; [or]
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person or property, where such charge arose from conduct occurring
 while the defendant was released on  his  or  her  own  recognizance  or
 released  under  conditions for a separate felony or class A misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that the prosecutor must show  reasonable  cause  to  believe  that  the
 defendant  committed the instant crime and any underlying crime. For the
 purposes of this subparagraph, any of the underlying crimes need not  be
 a qualifying offense as defined in this subdivision[.];
   (U)  ANY  OF  THE  FOLLOWING  AGGRAVATED FAMILY OFFENSES AS DEFINED IN
 SECTION 240.75 OF THE PENAL LAW  WHERE  THE  PRINCIPAL  AND  THE  PERSON
 AGAINST  WHOM  THE OFFENSE WAS COMMITTED WERE MEMBERS OF THE SAME FAMILY
 OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11; AN OFFENSE
 DEFINED IN SECTION 120.00 (ASSAULT IN THE THIRD DEGREE); SECTION  120.13
 (MENACING  IN  THE FIRST DEGREE); SECTION 120.14 (MENACING IN THE SECOND
 DEGREE); SECTION 120.15 (MENACING IN THE THIRD DEGREE);  SECTION  120.20
 (RECKLESS  ENDANGERMENT  IN THE SECOND DEGREE); SECTION 120.45 (STALKING

 S. 3842                             4
 
 IN THE FOURTH DEGREE); SECTION 120.50 (STALKING IN  THE  THIRD  DEGREE);
 SECTION 120.55 (STALKING IN THE SECOND DEGREE); SECTION 121.11 (CRIMINAL
 OBSTRUCTION  OF  BREATHING  OR  BLOOD  CIRCULATION);  SUBDIVISION ONE OF
 SECTION  125.15  (MANSLAUGHTER  IN  THE  SECOND  DEGREE); SECTION 135.05
 (UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE); SECTION  135.10  (UNLAWFUL
 IMPRISONMENT IN THE FIRST DEGREE); SECTION 135.60 (COERCION IN THE THIRD
 DEGREE);  SECTION 135.61 (COERCION IN THE SECOND DEGREE); SECTION 135.65
 (COERCION IN THE FIRST DEGREE); SECTION 140.20 (BURGLARY  IN  THE  THIRD
 DEGREE);  SECTION 140.25 (BURGLARY IN THE SECOND DEGREE); SECTION 145.00
 (CRIMINAL MISCHIEF IN  THE  FOURTH  DEGREE);  SECTION  145.05  (CRIMINAL
 MISCHIEF  IN THE THIRD DEGREE); SECTION 145.10 (CRIMINAL MISCHIEF IN THE
 SECOND DEGREE); SECTION 145.12 (CRIMINAL MISCHIEF IN THE FIRST  DEGREE);
 SECTION  145.14 (CRIMINAL TAMPERING IN THE THIRD DEGREE); SECTION 240.25
 (HARASSMENT IN THE FIRST  DEGREE);  SUBDIVISION  ONE,  TWO  OR  FOUR  OF
 SECTION 240.30 (AGGRAVATED HARASSMENT IN THE SECOND DEGREE) OF THE PENAL
 LAW;  OR  ANY  ATTEMPT  OR  CONSPIRACY  TO  COMMIT  ANY OF THE FOREGOING
 OFFENSES.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.

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