Bill Text: NY A06856 | 2021-2022 | General Assembly | Introduced
Bill Title: Adds serious crimes to those offenses that qualify for bail and pre-trial detention such as but not limited to hate crimes.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2022-04-25 - held for consideration in codes [A06856 Detail]
Download: New_York-2021-A06856-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6856 2021-2022 Regular Sessions IN ASSEMBLY April 12, 2021 ___________ Introduced by M. of A. LAWLER -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to adding seri- ous crimes to those offenses that qualify for bail and pre-trial detention The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph and paragraphs (a), (d), (g), (i), 2 (s) and (t) of subdivision 4 of section 510.10 of the criminal procedure 3 law, the opening paragraph and paragraphs (a), (d), (g) and (i) as 4 amended and paragraphs (s) and (t) as added by section 2 of part UU of 5 chapter 56 of the laws of 2020, are amended and sixteen new paragraphs 6 (u), (v), (w), (x), (y), (z), (aa), (bb), (cc), (dd), (ee), (ff), (gg), 7 (hh), (ii) and (jj) are added to read as follows: 8 Where the principal stands charged with a qualifying offense, the 9 court, unless otherwise prohibited by law, may in its discretion release 10 the principal pending trial on the principal's own recognizance or under 11 non-monetary conditions, fix bail, or, where the defendant is charged 12 with a qualifying offense [which is a felony], the court may commit the 13 principal to the custody of the sheriff. A principal stands charged with 14 a qualifying offense for the purposes of this subdivision when he or she 15 stands charged with: 16 (a) a felony enumerated in section 70.02 of the penal law[, other than17robbery in the second degree as defined in subdivision one of section18160.10 of the penal law, provided, however, that burglary in the second19degree as defined in subdivision two of section 140.25 of the penal law20shall be a qualifying offense only where the defendant is charged with21entering the living area of the dwelling]; 22 (d) a class A felony defined in the penal law[, provided that for23class A felonies under article two hundred twenty of the penal law, only24class A-I felonies shall be a qualifying offense]; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04338-01-1A. 6856 2 1 (g) money laundering in support of terrorism in the first degree as 2 defined in section 470.24 of the penal law; money laundering in support 3 of terrorism in the second degree as defined in section 470.23 of the 4 penal law; money laundering in support of terrorism in the third degree 5 as defined in section 470.22 of the penal law; money laundering in 6 support of terrorism in the fourth degree as defined in section 470.21 7 of the penal law; or a [felony crime of terrorism as defined in article8four hundred ninety of the penal law, other than the crime defined in9section 490.20 of such law] misdemeanor or felony crime defined in arti- 10 cle four hundred ninety of the penal law; 11 (i) [facilitating a sexual performance by a child with a controlled12substance or alcohol as defined in section 263.30 of the penal law, use13of a child in a sexual performance as defined in section 263.05 of the14penal law] a misdemeanor or felony defined in article two hundred 15 sixty-three of the penal law or luring a child as defined in subdivision 16 one of section 120.70 of the penal law, promoting an obscene sexual 17 performance by a child as defined in section 263.10 of the penal law or 18 promoting a sexual performance by a child as defined in section 263.15 19 of the penal law; 20 (s) a felony, where the defendant qualifies for sentencing on such 21 charge as a persistent felony offender pursuant to section 70.10 of the 22 penal law; [or] 23 (t) any felony or class A misdemeanor involving harm to an identifi- 24 able person or property, where such charge arose from conduct occurring 25 while the defendant was released on his or her own recognizance or 26 released under conditions for a separate felony or class A misdemeanor 27 involving harm to an identifiable person or property, provided, however, 28 that the prosecutor must show reasonable cause to believe that the 29 defendant committed the instant crime and any underlying crime. For the 30 purposes of this subparagraph, any of the underlying crimes need not be 31 a qualifying offense as defined in this subdivision[.]; 32 (u) a felony enumerated in article two hundred twenty of the penal 33 law; 34 (v) a hate crime defined in article four hundred eighty-five of the 35 penal law; 36 (w) manslaughter in the second degree as defined in section 125.15 of 37 the penal law; 38 (x) criminally negligent homicide as defined in section 125.10 of the 39 penal law; 40 (y) reckless assault of a child as defined in section 120.02 of the 41 penal law or reckless assault of a child by a child day care provider as 42 defined in section 120.01 of the penal law; 43 (z) burglary in the third degree as defined in section 140.20 of the 44 penal law and robbery in the third degree as defined in section 160.05 45 of the penal law; 46 (aa) stalking in the second degree as defined in section 120.55 of the 47 penal law, stalking in the third degree as defined in section 120.50 of 48 the penal law or stalking in the fourth degree as defined in section 49 120.45 of the penal law; 50 (bb) aggravated vehicular manslaughter as defined in section 125.14 of 51 the penal law; 52 (cc) vehicular manslaughter in the first degree as defined in section 53 125.13 of the penal law or vehicular manslaughter in the second degree 54 as defined in section 125.12 of the penal law; 55 (dd) menacing in the first degree as defined in section 120.13 of the 56 penal law, menacing in the second degree as defined in section 120.14 ofA. 6856 3 1 the penal law or menacing in the third degree as defined in section 2 120.15 of the penal law; 3 (ee) coercion in the first degree as defined in section 135.65 of the 4 penal law; 5 (ff) arson in the fourth degree as defined in section 150.05 of the 6 penal law; 7 (gg) criminal possession of a firearm as defined in section 265.01-b 8 of the penal law; 9 (hh) patronizing a person for prostitution in a school zone as defined 10 in section 230.08 of the penal law; 11 (ii) aggravated harassment in the first degree as defined in section 12 240.31 of the penal law; or 13 (jj) aggravated cruelty to animals as defined in section three hundred 14 fifty-three-a of the agriculture and markets law, overriding, torturing 15 and injuring animals; failure to provide proper sustenance as defined in 16 section three hundred fifty-three of the agriculture and markets law, or 17 animal fighting as defined in section three hundred fifty-one of the 18 agriculture and markets law. 19 § 2. The opening paragraph and subparagraphs (i), (iv), (vii), (ix), 20 (xix) and (xx) of paragraph (b) of subdivision 1 of section 530.20 of 21 the criminal procedure law, as amended by section 3 of part UU of chap- 22 ter 56 of the laws of 2020, are amended and sixteen new subparagraphs 23 (xxi), (xxii), (xxiii), (xxiv), (xxv), (xxvi), (xxvii), (xxviii), 24 (xxix), (xxx), (xxxi), (xxxii), (xxxiii), (xxxiv), (xxxv), and (xxxvi) 25 are added to read as follows: 26 Where the principal stands charged with a qualifying offense, the 27 court, unless otherwise prohibited by law, may in its discretion release 28 the principal pending trial on the principal's own recognizance or under 29 non-monetary conditions, fix bail, or, where the defendant is charged 30 with a qualifying offense [which is a felony], the court may commit the 31 principal to the custody of the sheriff. The court shall explain its 32 choice of release, release with conditions, bail or remand on the record 33 or in writing. A principal stands charged with a qualifying offense when 34 he or she stands charged with: 35 (i) a felony enumerated in section 70.02 of the penal law[, other than36robbery in the second degree as defined in subdivision one of section37160.10 of the penal law, provided, however, that burglary in the second38degree as defined in subdivision two of section 140.25 of the penal law39shall be a qualifying offense only where the defendant is charged with40entering the living area of the dwelling]; 41 (iv) a class A felony defined in the penal law[, provided, that for42class A felonies under article two hundred twenty of such law, only43class A-I felonies shall be a qualifying offense]; 44 (vii) money laundering in support of terrorism in the first degree as 45 defined in section 470.24 of the penal law; money laundering in support 46 of terrorism in the second degree as defined in section 470.23 of the 47 penal law; money laundering in support of terrorism in the third degree 48 as defined in section 470.22 of the penal law; money laundering in 49 support of terrorism in the fourth degree as defined in section 470.21 50 of the penal law; or a [felony crime of terrorism as defined in article51four hundred ninety of the penal law, other than the crime defined in52section 490.20 of such law] misdemeanor or felony crime defined in arti- 53 cle four hundred ninety of the penal law; 54 (ix) [facilitating a sexual performance by a child with a controlled55substance or alcohol as defined in section 263.30 of the penal law, use56of a child in a sexual performance as defined in section 263.05 of theA. 6856 4 1penal law] a misdemeanor or felony defined in article two hundred 2 sixty-three of the penal law or luring a child as defined in subdivision 3 one of section 120.70 of the penal law, promoting an obscene sexual 4 performance by a child as defined in section 263.10 of the penal law or 5 promoting a sexual performance by a child as defined in section 263.15 6 of the penal law; 7 (xix) a felony, where the defendant qualifies for sentencing on such 8 charge as a persistent felony offender pursuant to section 70.10 of the 9 penal law; [or] 10 (xx) any felony or class A misdemeanor involving harm to an identifi- 11 able person or property, where such charge arose from conduct occurring 12 while the defendant was released on his or her own recognizance or 13 released under conditions for a separate felony or class A misdemeanor 14 involving harm to an identifiable person or property, provided, however, 15 that the prosecutor must show reasonable cause to believe that the 16 defendant committed the instant crime and any underlying crime. For the 17 purposes of this subparagraph, any of the underlying crimes need not be 18 a qualifying offense as defined in this subdivision[.]; 19 (xxi) a felony enumerated in article two hundred twenty of the penal 20 law; 21 (xxii) a hate crime defined in article four hundred eighty-five of the 22 penal law; 23 (xxiii) manslaughter in the second degree as defined in section 125.15 24 of the penal law; 25 (xxiv) criminally negligent homicide as defined in section 125.10 of 26 the penal law; 27 (xxv) reckless assault of a child as defined in section 120.02 of the 28 penal law, reckless assault of a child by a child day care provider as 29 defined in section 120.01 of the penal law; 30 (xxvi) burglary in the third degree as defined in section 140.20 of 31 the penal law and robbery in the third degree as defined in section 32 160.05 of the penal law; 33 (xxvii) stalking in the second degree as defined in section 120.55 of 34 the penal law, stalking in the third degree as defined in section 120.50 35 of the penal law or stalking in the fourth degree as defined in section 36 120.45 of the penal law; 37 (xxviii) aggravated vehicular manslaughter as defined in section 38 125.14 of the penal law; 39 (xxix) vehicular manslaughter in the first degree as defined in 40 section 125.13 of the penal law or vehicular manslaughter in the second 41 degree as defined in section 125.12 of the penal law; 42 (xxx) menacing in the first degree as defined in section 120.13 of the 43 penal law, menacing in the second degree as defined in section 120.14 of 44 the penal law or menacing in the third degree as defined in section 45 120.15 of the penal law; 46 (xxxi) coercion in the first degree as defined in section 135.65 of 47 the penal law; 48 (xxxii) arson in the fourth degree as defined in section 150.05 of the 49 penal law; 50 (xxxiii) criminal possession of a firearm as defined in section 51 265.01-b of the penal law; 52 (xxxiv) patronizing a person for prostitution in a school zone as 53 defined in section 230.08 of the penal law; 54 (xxxv) aggravated harassment in the first degree as defined in section 55 240.31 of the penal law; orA. 6856 5 1 (xxxvi) aggravated cruelty to animals as defined in section three 2 hundred fifty-three-a of the agriculture and markets law, overriding, 3 torturing and injuring animals; failure to provide proper sustenance as 4 defined in section three hundred fifty-three of the agriculture and 5 markets law, or animal fighting as defined in section three hundred 6 fifty-one of the agriculture and markets law. 7 § 3. The opening paragraph and paragraphs (a), (d), (g), (i), (s) and 8 (t) of subdivision 4 of section 530.40 of the criminal procedure law, 9 the opening paragraph and paragraphs (a), (d), (g) and (i) as amended 10 and paragraphs (s) and (t) as added by section 4 of part UU of chapter 11 56 of the laws of 2020, are amended and sixteen new paragraphs (u), (v), 12 (w), (x), (y), (z), (aa), (bb), (cc), (dd), (ee), (ff), (gg), (hh), (ii) 13 and (jj) are added to read as follows: 14 Where the principal stands charged with a qualifying offense, the 15 court, unless otherwise prohibited by law, may in its discretion release 16 the principal pending trial on the principal's own recognizance or under 17 non-monetary conditions, fix bail, or, where the defendant is charged 18 with a qualifying offense [which is a felony], the court may commit the 19 principal to the custody of the sheriff. The court shall explain its 20 choice of release, release with conditions, bail or remand on the record 21 or in writing. A principal stands charged with a qualifying offense for 22 the purposes of this subdivision when he or she stands charged with: 23 (a) a felony enumerated in section 70.02 of the penal law[, other than24robbery in the second degree as defined in subdivision one of section25160.10 of the penal law, provided, however, that burglary in the second26degree as defined in subdivision two of section 140.25 of the penal law27shall be a qualifying offense only where the defendant is charged with28entering the living area of the dwelling]; 29 (d) a class A felony defined in the penal law[, provided that for30class A felonies under article two hundred twenty of such law, only31class A-I felonies shall be a qualifying offense]; 32 (g) money laundering in support of terrorism in the first degree as 33 defined in section 470.24 of the penal law; money laundering in support 34 of terrorism in the second degree as defined in section 470.23 of the 35 penal law; money laundering in support of terrorism in the third degree 36 as defined in section 470.22 of the penal law; money laundering in 37 support of terrorism in the fourth degree as defined in section 470.21 38 of the penal law; or a [felony crime of terrorism as defined in article39four hundred ninety of the penal law, other than the crime defined in40section 490.20 of such law] misdemeanor or felony crime defined in arti- 41 cle four hundred ninety of the penal law; 42 (i) [facilitating a sexual performance by a child with a controlled43substance or alcohol as defined in section 263.30 of the penal law, use44of a child in a sexual performance as defined in section 263.05 of the45penal law] misdemeanor or felony defined in article two hundred sixty- 46 three of the penal law or luring a child as defined in subdivision one 47 of section 120.70 of the penal law, promoting an obscene sexual perform- 48 ance by a child as defined in section 263.10 of the penal law or promot- 49 ing a sexual performance by a child as defined in section 263.15 of the 50 penal law; 51 (s) a felony, where the defendant qualifies for sentencing on such 52 charge as a persistent felony offender pursuant to section 70.10 of the 53 penal law; [or] 54 (t) any felony or class A misdemeanor involving harm to an identifi- 55 able person or property, where such charge arose from conduct occurring 56 while the defendant was released on his or her own recognizance orA. 6856 6 1 released under conditions for a separate felony or class A misdemeanor 2 involving harm to an identifiable person or property, provided, however, 3 that the prosecutor must show reasonable cause to believe that the 4 defendant committed the instant crime and any underlying crime. For the 5 purposes of this subparagraph, any of the underlying crimes need not be 6 a qualifying offense as defined in this subdivision[.]; 7 (u) a felony enumerated in article two hundred twenty of the penal 8 law; 9 (v) a hate crime defined in article four hundred eighty-five of the 10 penal law; 11 (w) manslaughter in the second degree as defined in section 125.15 of 12 the penal law; 13 (x) criminally negligent homicide as defined in section 125.10 of the 14 penal law; 15 (y) reckless assault of a child as defined in section 120.02 of the 16 penal law, reckless assault of a child by a child day care provider as 17 defined in section 120.01 of the penal law; 18 (z) burglary in the third degree as defined in section 140.20 of the 19 penal law and robbery in the third degree as defined in section 160.05 20 of the penal law; 21 (aa) stalking in the second degree as defined in section 120.55 of the 22 penal law, stalking in the third degree as defined in section 120.50 of 23 the penal law or stalking in the fourth degree as defined in section 24 120.45 of the penal law; 25 (bb) aggravated vehicular manslaughter as defined in section 125.14 of 26 the penal law; 27 (cc) vehicular manslaughter in the first degree as defined in section 28 125.13 of the penal law or vehicular manslaughter in the second degree 29 as defined in section 125.12 of the penal law; 30 (dd) menacing in the first degree as defined in section 120.13 of the 31 penal law, menacing in the second degree as defined in section 120.14 of 32 the penal law or menacing in the third degree as defined in section 33 120.15 of the penal law; 34 (ee) coercion in the first degree as defined in section 135.65 of the 35 penal law; 36 (ff) arson in the fourth degree as defined in section 150.05 of the 37 penal law; 38 (gg) criminal possession of a firearm as defined in section 265.01-b 39 of the penal law; 40 (hh) patronizing a person for prostitution in a school zone as defined 41 in section 230.08 of the penal law; 42 (ii) aggravated harassment in the first degree as defined in section 43 240.31 of the penal law; or 44 (jj) aggravated cruelty to animals as defined in section three hundred 45 fifty-three-a of the agriculture and markets law, overriding, torturing 46 and injuring animals; failure to provide proper sustenance as defined in 47 section three hundred fifty-three of the agriculture and markets law, or 48 animal fighting as defined in section three hundred fifty-one of the 49 agriculture and markets law. 50 § 4. This act shall take effect immediately.