S4686
An act to amend the Criminal Procedure Law — 2023-05-09 · Calendar #567
The New York State Senate passed Senate Print 4686, an amendment to the Criminal Procedure Law addressing protections for domestic violence victims, by a vote of 59-0 on Tuesday. The bill's passage came after the chamber rejected a proposed floor amendment that would have authorized judges to set bail in domestic violence cases. Sen. Martins appealed Acting President Bailey's ruling that the amendment was nongermane to the underlying bill, arguing it was directly relevant to protecting domestic violence victims. A show of hands vote on the appeal resulted in 20 ayes, sustaining the presiding officer's ruling. Martins had contended that recent bail reform has prevented judges from setting bail on serious domestic violence offenses including assault, menacing, stalking, false imprisonment, and aggravated family offenses, leaving victims vulnerable to abusers. Despite the failed amendment, the underlying bill passed unanimously after being restored to the noncontroversial calendar. The measure takes effect January 1.
Passed Senate
Ayes: 59
· Nays: N/A
Debate Summary
The bill addresses protections for domestic violence victims under Criminal Procedure Law. Sen. Martins appealed the presiding officer's ruling that a proposed amendment was nongermane, arguing the amendment to authorize judicial bail-setting in domestic violence cases was directly relevant to the bill's purpose of protecting domestic violence victims. Martins contended that bail reform has harmed domestic violence victims by preventing judges from setting bail on serious offenses including assault, menacing, stalking, false imprisonment, and aggravated family offenses.
Amendments
| Sponsor | Description | Outcome |
|---|---|---|
| Sen. Martins | Amendment to authorize judges to set bail on crimes committed against members of the same family or household, including assault in the third degree, menacing in the second degree, stalking offenses, false imprisonment in the second degree, and aggravated family offenses. | defeated |