Bill Text: NY A03750 | 2023-2024 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 21-0)
Status: (Introduced) 2024-01-03 - referred to codes [A03750 Detail]
Download: New_York-2023-A03750-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3750--A 2023-2024 Regular Sessions IN ASSEMBLY 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: 1 Section 1. The criminal procedure law is amended by adding a new 2 section 530.15 to read as follows: 3 § 530.15 Temporary order of protection hearing. 4 Where a court has issued a temporary order of protection pursuant to 5 subdivision one of section 530.12 of this article or subdivision one of 6 section 530.13 of this article, upon application of a defendant, the 7 court shall hold an evidentiary hearing where the prosecutor must show, 8 by clear and convincing evidence, that the temporary order of protection 9 is the least restrictive means of protecting a designated witness or 10 complainant from intimidation or injury. 11 (a) The defendant shall be entitled to such hearing within three days 12 of requesting such hearing. Notice must be given by the court to both 13 parties, as well as the party protected by the order of protection, in 14 advance of the hearing. Such notice shall detail the rights of the 15 protected party with respect to the hearing and describe the different 16 types of temporary orders of protection available. 17 (b) At the hearing, the prosecution must present witness testimony, 18 subject to cross-examination, though the witness need not be the party 19 protected by the order. Hearsay is admissible. 20 (c) The court shall state on the record or in writing its findings of 21 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. LBD06035-03-3A. 3750--A 2 1 modifying the temporary order of protection, and, where applicable, why 2 the temporary order of protection is the least restrictive means of 3 protecting a designated witness or complainant from intimidation or 4 injury. 5 § 2. Section 530.30 of the criminal procedure law, the section heading 6 and subdivisions 1 and 2 as amended by section 17 of part JJJ of chapter 7 59 of the laws of 2019, is amended to read as follows: 8 § 530.30 Order of recognizance, release under non-monetary conditions or 9 bail or issuance of a temporary order of protection; by supe- 10 rior court judge when action is pending in local criminal 11 court. 12 1. When a criminal action is pending in a local criminal court, other 13 than one consisting of a superior court judge sitting as such, a judge 14 of a superior court holding a term thereof in the county, upon applica- 15 tion of a defendant, may order recognizance, release under non-monetary 16 conditions or, where authorized, bail when such local criminal court: 17 (a) Lacks authority to issue such an order, pursuant to the relevant 18 provisions of section 530.20 of this article; or 19 (b) Has denied an application for recognizance, release under non-mon- 20 etary conditions or bail; or 21 (c) Has fixed bail, where authorized, which is excessive; or 22 (d) Has set a securing order of release under non-monetary conditions 23 which are more restrictive than necessary to reasonably assure the 24 defendant's return to court. 25 In such case, such superior court judge may vacate the order of such 26 local criminal court and release the defendant on recognizance or under 27 non-monetary conditions, or where authorized, fix bail in a lesser 28 amount or in a less burdensome form, whichever are the least restrictive 29 alternative and conditions that will reasonably assure the defendant's 30 return to court. The court shall explain its choice of alternative and 31 conditions on the record or in writing. 32 2. When a criminal action is pending in a local criminal court, other 33 than one consisting of a superior court judge sitting as such, and the 34 local criminal court has denied a request to modify or limit a temporary 35 order of protection issued pursuant to subdivision one of section 530.12 36 of this article or subdivision one of section 530.13 of this article, 37 upon application of a defendant, a judge of the superior court holding a 38 term thereof in the county shall review the determination of the local 39 criminal court de novo and may vacate or modify the order of the local 40 criminal court. A court's failure to comply with the requirements of 41 section 530.15 of this article is reviewable under this section. 42 3. Notwithstanding the provisions of subdivision one or two of this 43 section, when the defendant is charged with a felony in a local criminal 44 court, a superior court judge may not order recognizance, release under 45 non-monetary conditions or, where authorized, bail, or vacate or modify 46 a temporary order of protection unless and until the district attorney 47 has had an opportunity to be heard in the matter and such judge and 48 counsel for the defendant have been furnished with a report as described 49 in subparagraph (ii) of paragraph (b) of subdivision two of section 50 530.20 of this article. 51 [3.] 4. Not more than one application may be made pursuant to each 52 subdivision of this section. 53 § 3. This act shall take effect immediately.
