Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 05, 2024 |
reported referred to rules |
Jun 04, 2024 |
print number 3750b |
Jun 04, 2024 |
amend and recommit to codes |
Jan 03, 2024 |
referred to codes |
Mar 07, 2023 |
print number 3750a |
Mar 07, 2023 |
amend and recommit to codes |
Feb 07, 2023 |
referred to codes |
Assembly Bill A3750B
2023-2024 Legislative Session
Sponsored By
SEPTIMO
Current 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
Actions
Bill Amendments
co-Sponsors
Andrew Hevesi
Chantel Jackson
Rebecca Seawright
Anna Kelles
2023-A3750 - Details
- Current Committee:
- Assembly Rules
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add §530.15, amd §530.30, CP L
- Versions Introduced in 2021-2022 Legislative Session:
-
A4558
2023-A3750 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3750 2023-2024 Regular Sessions I N A S S E M B L Y February 7, 2023 ___________ Introduced by M. of A. SEPTIMO, HEVESI, JACKSON, SEAWRIGHT, KELLES, GONZALEZ-ROJAS, KIM, BURGOS, EPSTEIN, MAMDANI, DICKENS, SIMON, ZEBROW- SKI, FORREST, GALLAGHER -- 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 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 THE TEMPORARY ORDER OF PROTECTION IS THE LEAST RESTRICTIVE MEANS OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06035-01-3 A. 3750 2
co-Sponsors
Andrew Hevesi
Chantel Jackson
Rebecca Seawright
Anna Kelles
2023-A3750A - Details
- Current Committee:
- Assembly Rules
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add §530.15, amd §530.30, CP L
- Versions Introduced in 2021-2022 Legislative Session:
-
A4558
2023-A3750A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3750--A 2023-2024 Regular Sessions I N A S S E M B L Y February 7, 2023 ___________ Introduced by M. of A. SEPTIMO, HEVESI, JACKSON, SEAWRIGHT, KELLES, GONZALEZ-ROJAS, KIM, BURGOS, EPSTEIN, MAMDANI, DICKENS, SIMON, ZEBROW- SKI, FORREST, GALLAGHER -- 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 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. SUCH NOTICE SHALL DETAIL THE RIGHTS OF THE PROTECTED PARTY WITH RESPECT TO THE HEARING AND DESCRIBE THE DIFFERENT TYPES OF TEMPORARY ORDERS OF PROTECTION AVAILABLE. (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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06035-03-3
co-Sponsors
Andrew Hevesi
Chantel Jackson
Rebecca Seawright
Anna Kelles
2023-A3750B (ACTIVE) - Details
- Current Committee:
- Assembly Rules
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add §530.15, amd §530.30, CP L
- Versions Introduced in 2021-2022 Legislative Session:
-
A4558
2023-A3750B (ACTIVE) - Summary
Authorizes courts to hold evidentiary hearings for a temporary order of protection in certain circumstances; 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.
2023-A3750B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3750--B 2023-2024 Regular Sessions I N A S S E M B L Y February 7, 2023 ___________ Introduced by M. of A. SEPTIMO, HEVESI, JACKSON, SEAWRIGHT, KELLES, GONZALEZ-ROJAS, KIM, BURGOS, EPSTEIN, MAMDANI, DICKENS, SIMON, ZEBROW- SKI, FORREST, GALLAGHER, JACOBSON, WALKER, RAGA, REYES, PRETLOW, LEVENBERG -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- 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 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 AN ARTICULATED REASONABLE BASIS, THAT THE TEMPORARY ORDER OF PROTECTION IS LIKELY TO ACHIEVE ITS PURPOSE IN THE ABSENCE OF SUCH A CONDITION, OF PROTECTING A DESIGNATED WITNESS OR COMPLAINANT FROM INTIM- IDATION OR INJURY. (A) THE DEFENDANT SHALL BE ENTITLED TO SUCH HEARING WITHIN FIVE BUSI- NESS 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. SUCH NOTICE SHALL DETAIL THE RIGHTS OF THE PROTECTED PARTY WITH RESPECT TO THE HEARING AND DESCRIBE THE DIFFERENT TYPES OF TEMPORARY ORDERS OF PROTECTION AVAILABLE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06035-08-4
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