"Jilly's Law" measure expands criteria for bail denial
The NYS Senate passed legislation known as "Jilly's Law," which was introduced and sponsored by George Maziarz, 62nd District. This measure would allow New York state courts to consider a broader scope of criteria when setting bail for a defendant.
Currently, the only factor that judges are allowed to consider when issuing or denying bail is whether or not an individual charged with a crime will reappear in court. Jilly's Law gives the courts the ability to take into account other relevant factors, such as:
- If the defendant is a danger to the alleged victim in a criminal action, members of the community, or to him-self or herself.
- If the defendant has a history of violent acts or threats against the alleged victim or others.
- If the defendant has had any order of protection issued against him or her, and if any orders of protection had been violated.
- The nature of the defendant's criminal record, if one exists.
- The violent nature of the charged crime, and the im-pact of the crime on the alleged victim.
- Any other factor deemed relevant by the court under the circumstances of the case. Jilly's Law is named in memory of Jill Russell-Cahill, who was murdered by her husband, James "Jeff" Cahill, in Onondaga County in October 1998. At the time of the murder, Jeff was out on bail after being charged with beating Jill with a baseball bat six months earlier. Jill was still recovering in the hospital when Jeff snuck into her room, disguised as a janitor, and poisoned her with cyanide
Jill's sister, Debbie Jaeger, lives in North Tonawanda with Jill's children and has been an advocate for the family. "Our family is overjoyed that Jill's Law has passed through the Senate. We are most grateful to Senator Maziarz and his staff, Onondaga County District Attorney Bill Fitzpatrick and all the other champions of this important law. Jill's Law will be a valuable tool in saving the lives of hundreds, if not thou-sands of domestic violence victims. If such a law was in place in 1998 Jeff Cahill would not have had six months to conceive his plan to murder Jill Russell-Cahill and she would be here raising her children. Jill spent her life taking care of others and passage of this law will be her legacy."
The Assembly has not yet voted Jilly's Law out of the Codes Committee.