BILL NUMBER: S1905
SPONSOR: O'MARA
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to making menac-
ing and stalking qualifying offenses for the purposes of bail
 
PURPOSE OR GENERAL IDEA OF BILL:
Includes the crimes of menacing and stalking in those offenses that
qualify for bail to be set.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 includes menacing and stalking as a qualifying offense pursu-
ant to paragraph (v) of subdivision four section 510.10 of this chapter,
or pursuant to paragraph (v) of subdivision four of section 530.40 of
this chapter; or (xiii) the offense is a qualifying offense pursuant to
paragraph (w) of subdivision four of section 510.10 of this chapter, or
pursuant to paragraph (w) of subdivision four of section 530.40 of this
chapter.
Section 2 includes menacing and stalking as crimes that violate a duly
served order of protection.
Section 3 shall make anyone released on their own recognizance or other
non-monatery conditions, who commits menacing or stalking, subject to
bail.
Section 4 criminal contempt shall include instances where a protected
party is the victim of an alleged crime involving menacing or stalking.
Section 5 allows court to consider bail in crimes of menacing and stalk-
ing. Section 6 This act shall take effect immediately.
 
JUSTIFICATION:
Menacing and stalking are crimes that usually involve a course of
conduct that can easily escalate to violence. Especially domestic part-
ners who have obtained an order of protection out of fear of harm. This
bill includes those crimes among those that qualify for setting bail.
 
PRIOR LEGISLATIVE HISTORY:
2023: S9088
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S1905: 510.10 criminal procedure law, 510.10(4) criminal procedure law, 530.40 criminal procedure law, 530.40(4) criminal procedure law