S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6455
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2025
                                ___________
 
 Introduced   by   M.   of   A.  SEPTIMO,  FORREST,  GALLAGHER,  EPSTEIN,
   GONZALEZ-ROJAS, HEVESI,  KELLES,  KIM,  JACKSON,  LEVENBERG,  MAMDANI,
   RAGA,  SEAWRIGHT,  SIMON,  JACOBSON,  REYES,  WALKER  -- 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  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.
   (B)  AT  THE  HEARING,  THE  PROSECUTION MUST PRESENT RELEVANT WITNESS
 TESTIMONY, SUBJECT TO CROSS-EXAMINATION.  THE WITNESS NEED  NOT  BE  THE
 PARTY PROTECTED BY THE ORDER.  HEARSAY AND RELEVANT EVIDENCE IS ADMISSI-
 BLE, BUT SHALL BE INTRODUCED THROUGH A WITNESS.
   (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 IN
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03134-03-5
 A. 6455                             2
 
 THE ABSENCE OF SUCH A CONDITION, OF PROTECTING A DESIGNATED  WITNESS  OR
 COMPLAINANT FROM INTIMIDATION OR INJURY.
   § 2. Section 530.30 of the criminal procedure law, the section heading
 and subdivisions 1 and 2 as amended by section 17 of part JJJ of chapter
 59  of  the  laws  of  2019,  the  closing paragraph of subdivision 1 as
 amended by section 7 of subpart A of part VV of chapter 56 of  the  laws
 of 2023, is amended to read as follows:
 § 530.30 Order of recognizance, release under non-monetary conditions or
            bail OR ISSUANCE OF A TEMPORARY ORDER OF PROTECTION; by supe-
            rior  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 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, or order non-monetary conditions in
 conjunction with fixing bail, including fixing bail in a  lesser  amount
 or  in a less burdensome form, the determination for which shall be made
 in accordance with section 510.10 of this title. The court shall explain
 the basis for its determination and choice  of  securing  order  on  the
 record or in writing.
   2.  WHEN A CRIMINAL ACTION IS PENDING IN A LOCAL CRIMINAL COURT, OTHER
 THAN ONE CONSISTING OF A SUPERIOR COURT JUDGE SITTING AS SUCH,  AND  THE
 LOCAL CRIMINAL COURT HAS DENIED A REQUEST TO MODIFY OR LIMIT A TEMPORARY
 ORDER OF PROTECTION ISSUED 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, A JUDGE OF THE SUPERIOR COURT HOLDING A
 TERM THEREOF IN THE COUNTY SHALL REVIEW THE DETERMINATION OF  THE  LOCAL
 CRIMINAL  COURT  DE NOVO AND MAY VACATE OR MODIFY THE ORDER OF THE LOCAL
 CRIMINAL COURT. A COURT'S FAILURE TO COMPLY  WITH  THE  REQUIREMENTS  OF
 SECTION 530.15 OF THIS ARTICLE IS REVIEWABLE UNDER THIS SECTION.
   3.  Notwithstanding  the  provisions of subdivision one OR TWO of this
 section, when the defendant is charged with a felony in a local criminal
 court, a superior court judge may not order recognizance, release  under
 non-monetary  conditions or, where authorized, bail, OR VACATE OR MODIFY
 A TEMPORARY ORDER OF PROTECTION unless and until the  district  attorney
 has  had  an  opportunity  to  be heard in the matter and such judge and
 counsel for the defendant have been furnished with a report as described
 in subparagraph (ii) of paragraph (b)  of  subdivision  two  of  section
 530.20 of this article.
   [3.]  4.  Not  more  than one application may be made pursuant to EACH
 SUBDIVISION OF this section.
   § 3. This act shall take effect immediately.