×

NEW YORK STATE Politics delay proposal in Albany

It’s hard to see how there can be much disagreement with Assemblywoman Amy Paulin’s proposal to stop giving appearance tickets in domestic violence cases.

The state’s 2019 bail reform law required judges to consider current or prior violations of an order of protection and a history of firearm possession when considering bail in domestic violence cases. Those charged in most domestic violence cases can be released on their own recognizance, have non-monetary conditions placed on their release or be monitored electronically. Cash bail or jail are not options for misdemeanor domestic violence cases.

The legislation (A.4087) is a common-sense solution to a known problem — the tendency of domestic violence cases to escalate over time. Sending victims of abuse back into the same abusive situation time after time is bad for victims, families and police officers who have to respond to the same homes repeatedly.

“Despite these facts, current (New York state) law allows police officers to issue appearance ticket to an individual that commits an offense against a member of the same family or household or any family offense defined in section 530.11 of the criminal procedure law, which would allow the offender to immediately return home rather than be arrested,” Paulin wrote. “This bill would amend the criminal procedure law to state that police officers are not required to issue an appearance ticket when an arrest is made pursuant to subdivision four of section 140.10 of the CPL. This legislation will provide protection to victims of domestic violence by ensuring the offender is not able to remain in the home with the same individuals they are victimizing.”

As we said, Paulin’s legislation solves a problem. It was a good idea too in 2022 when it was introduced by Republican Sen. Sue Serino and co-sponsored by Sen. George Borrello, R-Sunset Bay. That bill would have made each crime under the aggravated family offense statute a qualifying offense for judges to consider bail and pretrial detention. It never made it out of committee for a floor vote on the Senate floor.

Paulin and her fellow legislative Democrats could have solved a problem last year. Politics got in the way.

Newsletter

Today's breaking news and more in your inbox

I'm interested in (please check all that apply)
Are you a paying subscriber to the newspaper? *
   

Starting at $2.99/week.

Subscribe Today