Section 155. Arrested adult  


Latest version.
  • 1. If an adult respondent is arrested under
      this act when the family court is not in session, he  or  she  shall  be
      taken  to  the most accessible magistrate and arraigned.  The production
      of a warrant issued by the family court, a  certificate  of  warrant,  a
      copy  or  a certificate of the order of protection or temporary order of
      protection, an order of protection or temporary order of protection,  or
      a  record  of such warrant or order from the statewide computer registry
      established  pursuant  to  section  two  hundred  twenty-one-a  of   the
      executive  law  shall  be  evidence  of  the  filing  of an information,
      petition  or  sworn  affidavit,  as  provided  in  section  one  hundred
      fifty-four-d   of   this   article.   Upon  consideration  of  the  bail
      recommendation, if any, made by the family court and  indicated  on  the
      warrant or certificate of warrant, the magistrate shall thereupon commit
      such respondent to the custody of the sheriff, as defined in subdivision
      thirty-five of section 1.20 of the criminal procedure law, admit to, fix
      or  accept  bail,  or  parole  him  or her for hearing before the family
      court, subject to the provisions of subdivision four of  section  530.11
      of  the criminal procedure law concerning arrests upon a violation of an
      order of protection.
        2. If no warrant, order of protection or temporary order of protection
      has been issued by the family court, whether or not  an  information  or
      petition  has  been  filed, and an act alleged to be a family offense as
      defined in section eight hundred twelve of this act is the basis  of  an
      arrest,  the  magistrate  shall  permit  the  filing  of an information,
      accusatory instrument or sworn affidavit as provided for in section  one
      hundred  fifty-four-d  of  this  article,  verified  in  accordance with
      subdivision one  of  section  100.30  of  the  criminal  procedure  law,
      alleging  facts  in  support  of a petition pursuant to article eight of
      this act. The magistrate shall thereupon commit such respondent  to  the
      custody of the sheriff, as defined in subdivision thirty-five of section
      1.20  of  the  criminal  procedure law, admit to, fix or accept bail, or
      parole such respondent  for  hearing  before  the  family  court  and/or
      appropriate criminal court.