S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3614
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced by M. of A. ZEBROWSKI, BRONSON -- Multi-Sponsored by -- M. of
   A. GLICK -- read once and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04757-01-3
 A. 3614                             2
              

 
 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.