New York S 6271: Grants superior court judges the authority to issue a temporary order of protection when an action is pending in a local criminal court

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S06271 Summary:

BILL NOS06271A

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SAME ASSAME AS A06455

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SPONSORRAMOS

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COSPNSRKAVANAGH, MYRIE, PARKER, RIVERA, SALAZAR, SCARCELLA-SPANTON, SEPULVEDA

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MLTSPNSR

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Add §530.15, amd §530.30, CP L

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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.

Go to top S06271 Actions:

BILL NOS06271A

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03/07/2025REFERRED TO CODES

03/12/2025AMEND AND RECOMMIT TO CODES

03/12/2025PRINT NUMBER 6271A

01/07/2026REFERRED TO CODES

Go to topS06271 Committee&nbspVotes:

Go to topS06271 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS06271 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6271--A

 2025-2026 Regular Sessions

 IN SENATE

 March 7, 2025
 ___________

 Introduced by Sens. RAMOS, KAVANAGH, MYRIE, RIVERA, SALAZAR, SEPULVEDA
 -- read twice and ordered printed, and when printed to be committed 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 an articulated reasonable basis, that the temporary order of
 9 protection is likely to achieve its purpose in the absence of such a
 10 condition, of protecting a designated witness or complainant from intim-
 11 idation or injury.
 12 (a) The defendant shall be entitled to such hearing within five busi-
 13 ness days of requesting such hearing. Notice must be given by the court
 14 to both parties, as well as the party protected by the order of
 15 protection, in advance of the hearing. Such notice shall detail the
 16 rights of the protected party with respect to the hearing and describe
 17 the different types of temporary orders of protection available.
 18 (b) At the hearing, the prosecution must present relevant witness
 19 testimony, subject to cross-examination. The witness need not be the
 20 party protected by the order. Hearsay and relevant evidence is admissi-
 21 ble, but shall be introduced through a witness.
 22 (c) The court shall state on the record or in writing its findings of
 23 facts and conclusions of law, the reasons for maintaining, vacating, or
 24 modifying the temporary order of protection, and, where applicable, why
 25 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.
 LBD03134-04-5

 S. 6271--A 2

 1 the absence of such a condition, of protecting a designated witness or
 2 complainant from intimidation or 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, the closing paragraph of subdivision 1 as
 6 amended by section 7 of subpart A of part VV of chapter 56 of the laws
 7 of 2023, 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