Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 04, 2024 |
print number 3066b |
Jun 04, 2024 |
amend and recommit to codes |
May 16, 2024 |
print number 3066a |
May 16, 2024 |
amend and recommit to codes |
Jan 03, 2024 |
referred to codes |
Jan 27, 2023 |
referred to codes |
Senate Bill S3066B
2023-2024 Legislative Session
Sponsored By
(D, WF) 13th Senate District
Current 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
Actions
Bill Amendments
co-Sponsors
(D) 27th Senate District
(D) 20th Senate District
(D, WF) 33rd Senate District
(D, WF) 18th Senate District
2023-S3066 - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add §530.15, amd §530.30, CP L
- Versions Introduced in 2021-2022 Legislative Session:
-
S2832
2023-S3066 - Sponsor Memo
BILL NUMBER: S3066 REVISED 3/10/23 SPONSOR: RAMOS TITLE OF BILL: 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 PURPOSE: This bill will add a section to the Criminal Procedure Law that will codify recent case law enabling accused parties in criminal proceedings to request a hearing when temporary orders of protection are issued against them. These temporary orders can cause homelessness, job loss, immigration consequences, and family separation. This change will give judges the opportunity to assess information and determine whether temporary orders are necessary to protect the parties. SUMMARY OF PROVISIONS: Section 1 of the bill adds Section 530.15 of the Criminal Procedure Law.
2023-S3066 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3066 2023-2024 Regular Sessions I N S E N A T E January 27, 2023 ___________ Introduced by Sens. RAMOS, KAVANAGH, MYRIE, RIVERA, SALAZAR, SEPULVEDA -- 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 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 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. LBD06035-02-3
co-Sponsors
(D) 27th Senate District
(D) 20th Senate District
(D, WF) 33rd Senate District
(D, WF) 18th Senate District
2023-S3066A - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add §530.15, amd §530.30, CP L
- Versions Introduced in 2021-2022 Legislative Session:
-
S2832
2023-S3066A - Sponsor Memo
BILL NUMBER: S3066A SPONSOR: RAMOS TITLE OF BILL: 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 PURPOSE: This bill will add a section to the Criminal Procedure Law that will codify recent case law enabling accused parties in criminal proceedings to request a hearing when temporary orders of protection are issued against them. These temporary orders can cause homelessness, job loss, immigration consequences, and family separation. This change will give judges the opportunity to assess information and determine whether temporary orders are necessary to protect the parties. SUMMARY OF PROVISIONS: Section 1 of the bill adds Section 530.15 of the Criminal Procedure Law.
2023-S3066A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3066--A 2023-2024 Regular Sessions I N S E N A T E January 27, 2023 ___________ Introduced by Sens. RAMOS, KAVANAGH, MYRIE, RIVERA, SALAZAR, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 NECESSARY TO ACHIEVE ITS PURPOSE OF PROTECTING A DESIGNATED WITNESS OR COMPLAINANT FROM INTIMIDATION OR INJURY. (A) THE DEFENDANT SHALL BE ENTITLED TO SUCH HEARING WITHIN FIVE 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 RELEVANT WITNESS TESTIMONY, OR ADMISSIBLE EVIDENCE, SUBJECT TO CROSS-EXAMINATION, THOUGH THE WITNESS NEED NOT BE THE PARTY PROTECTED BY THE ORDER. (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 NECESSARY TO ACHIEVE ITS PURPOSE OF
co-Sponsors
(D) 27th Senate District
(D) 20th Senate District
(D, WF) 33rd Senate District
(D, WF) 18th Senate District
2023-S3066B (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add §530.15, amd §530.30, CP L
- Versions Introduced in 2021-2022 Legislative Session:
-
S2832
2023-S3066B (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-S3066B (ACTIVE) - Sponsor Memo
BILL NUMBER: S3066B SPONSOR: RAMOS TITLE OF BILL: 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 PURPOSE: This bill will add a section to the Criminal Procedure Law that will codify recent case law enabling accused parties in criminal proceedings to request a hearing when temporary orders of protection are issued against them. These temporary orders can cause homelessness, job loss, immigration consequences, and family separation. This change will give judges the opportunity to assess information and determine whether temporary orders are necessary to protect the parties. SUMMARY OF PROVISIONS: Section 1 of the bill adds Section 530.15 of the Criminal Procedure Law.
2023-S3066B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3066--B 2023-2024 Regular Sessions I N S E N A T E January 27, 2023 ___________ Introduced by Sens. RAMOS, KAVANAGH, MYRIE, RIVERA, SALAZAR, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- 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 NECESSARY TO ACHIEVE ITS PURPOSE OF PROTECTING A DESIGNATED WITNESS OR COMPLAINANT FROM INTIMIDATION OR INJURY. (A) THE DEFENDANT SHALL BE ENTITLED TO SUCH HEARING WITHIN ONE HUNDRED TWENTY HOURS OF REQUESTING SUCH HEARING OR, IN THE EVENT THAT A SATUR- DAY, SUNDAY, OR LEGAL HOLIDAY OCCURS, WITHIN ONE HUNDRED FORTY-FOUR HOURS 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. LBD06035-06-4 S. 3066--B 2
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