Bill Text: NY A03750 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3750

                               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

        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.
    15    (b) At the hearing, the prosecution must  present  witness  testimony,
    16  subject  to  cross-examination, though the witness need not be the party
    17  protected by the order.  Hearsay is admissible.
    18    (c) The court shall state on the record or in writing its findings  of
    19  facts  and conclusions of law, the reasons for maintaining, vacating, or
    20  modifying the temporary order of protection, and, where applicable,  why
    21  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

     1  protecting a designated witness  or  complainant  from  intimidation  or
     2  injury.
     3    § 2. Section 530.30 of the criminal procedure law, the section heading
     4  and subdivisions 1 and 2 as amended by section 17 of part JJJ of chapter
     5  59 of the laws of 2019, is amended to read as follows:
     6  § 530.30 Order of recognizance, release under non-monetary conditions or
     7             bail or issuance of a temporary order of protection; by supe-
     8             rior  court  judge  when  action is pending in local criminal
     9             court.
    10    1. When a criminal action is pending in a local criminal court,  other
    11  than  one  consisting of a superior court judge sitting as such, a judge
    12  of a superior court holding a term thereof in the county, upon  applica-
    13  tion  of a defendant, may order recognizance, release under non-monetary
    14  conditions or, where authorized, bail when such local criminal court:
    15    (a) Lacks authority to issue such an order, pursuant to  the  relevant
    16  provisions of section 530.20 of this article; or
    17    (b) Has denied an application for recognizance, release under non-mon-
    18  etary conditions or bail; or
    19    (c) Has fixed bail, where authorized, which is excessive; or
    20    (d)  Has set a securing order of release under non-monetary conditions
    21  which are more restrictive  than  necessary  to  reasonably  assure  the
    22  defendant's return to court.
    23    In  such  case, such superior court judge may vacate the order of such
    24  local criminal court and release the defendant on recognizance or  under
    25  non-monetary  conditions,  or  where  authorized,  fix  bail in a lesser
    26  amount or in a less burdensome form, whichever are the least restrictive
    27  alternative and conditions that will reasonably assure  the  defendant's
    28  return  to  court. The court shall explain its choice of alternative and
    29  conditions on the record or in writing.
    30    2. When a criminal action is pending in a local criminal court,  other
    31  than  one  consisting of a superior court judge sitting as such, and the
    32  local criminal court has denied a request to modify or limit a temporary
    33  order of protection issued pursuant to subdivision one of section 530.12
    34  of this article or subdivision one of section 530.13  of  this  article,
    35  upon application of a defendant, a judge of the superior court holding a
    36  term  thereof  in the county shall review the determination of the local
    37  criminal court de novo and may vacate or modify the order of  the  local
    38  criminal  court.  A  court's  failure to comply with the requirements of
    39  section 530.15 of this article is reviewable under this section.
    40    3. Notwithstanding the provisions of subdivision one or  two  of  this
    41  section, when the defendant is charged with a felony in a local criminal
    42  court,  a superior court judge may not order recognizance, release under
    43  non-monetary conditions or, where authorized, bail, or vacate or  modify
    44  a  temporary  order of protection unless and until the district attorney
    45  has had an opportunity to be heard in the  matter  and  such  judge  and
    46  counsel for the defendant have been furnished with a report as described
    47  in  subparagraph  (ii)  of  paragraph  (b) of subdivision two of section
    48  530.20 of this article.
    49    [3.] 4. Not more than one application may be  made  pursuant  to  each
    50  subdivision of this section.
    51    § 3. This act shall take effect immediately.