Bill > S06271

This bill amends the New York criminal procedure law to provide new procedures for temporary orders of protection in local criminal courts. Specifically, the bill authorizes defendants to request an evidentiary hearing within five business days when a temporary order of protection has been issued. During this hearing, the prosecution must demonstrate, through a "reasonable basis" standard, that the temporary order is necessary to protect a witness or complainant from potential intimidation or injury. The court must provide notice to all parties, including the protected party, explaining 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 admissible if introduced through a witness. Additionally, the bill grants superior court judges the authority to review and potentially modify or vacate temporary orders of protection that were previously denied modification by a local criminal court. The court must provide written or on-the-record findings explaining its decision to maintain, modify, or vacate the order. This legislation aims to provide more procedural transparency and opportunities for defendants to challenge temporary protection orders while still prioritizing the safety of protected individuals.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S6271