Bill > A06455

This bill modifies New York's criminal procedure law to provide enhanced protections and procedural safeguards for temporary orders of protection. Specifically, the bill requires courts to hold an evidentiary hearing within five business days when a defendant requests a review of a temporary order of protection. During this hearing, the prosecutor must demonstrate, with a "reasonable basis," that the order is necessary to protect a witness or complainant from intimidation or injury. The bill mandates that both parties receive advance notice of the hearing, with detailed information about their rights and the types of protection orders available. At the hearing, the prosecution must present witness testimony subject to cross-examination, and hearsay evidence is allowed if introduced through a witness. Additionally, the bill grants superior court judges the authority to review and potentially modify or vacate temporary protection orders that were previously denied modification in a local criminal court. The court must provide written or recorded findings explaining its decision, ensuring transparency in the process of issuing, maintaining, or modifying these protective orders. This legislation aims to balance the rights of defendants with the need to protect potential victims in criminal proceedings.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A6455