STATE OF NEW YORK
        ________________________________________________________________________

                                          8283

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    November 27, 2023
                                       ___________

        Introduced  by  M.  of  A.  BARCLAY,  REILLY, JENSEN, E. BROWN, SIMPSON,
          NORRIS, GANDOLFO, MANKTELOW, MILLER, GALLAHAN, BLUMENCRANZ, PALMESANO,
          K. BROWN, GRAY, DURSO, PIROZZOLO, SLATER, BENDETT, NOVAKHOV, LEMONDES,
          HAWLEY, DeSTEFANO,  ANGELINO,  TAGUE,  BRABENEC,  GOODELL,  MORINELLO,
          J. M. GIGLIO,  WALSH,  SMULLEN,  BEEPHAN,  BLANKENBUSH,  BROOK-KRASNY,
          McDONOUGH, MIKULIN, SMITH, BYRNES, RA, MAHER, CHANG,  J. A. GIGLIO  --
          Multi-Sponsored by -- M. of A. FRIEND -- read once and referred to the
          Committee on Codes

        AN  ACT  to  amend  the  criminal  procedure  law  and the penal law, in
          relation to including certain offenses in  being  eligible  for  bail,
          making  certain  offenses  eligible  to be considered hate crimes, and
          increasing the penalties for certain offenses

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraphs  (g),  (m),  (t),  and (u) of subdivision 4 of
     2  section 510.10 of the criminal procedure law, paragraph (g)  as  amended
     3  and  paragraph (m) as added by section 2 of part UU of chapter 56 of the
     4  laws of 2020 and paragraph (t) as amended and paragraph (u) as added  by
     5  section 2 of subpart B of part UU of chapter 56 of the laws of 2022, are
     6  amended and a new paragraph (v) is added to read as follows:
     7    (g)  money  laundering  in support of terrorism in the first degree as
     8  defined in section 470.24 of the penal law; money laundering in  support
     9  of  terrorism  in  the second degree as defined in section 470.23 of the
    10  penal law; money laundering in support of terrorism in the third  degree
    11  as  defined  in  section  470.22  of  the penal law; money laundering in
    12  support of terrorism in the fourth degree as defined in  section  470.21
    13  of the penal law; [or] a felony crime of terrorism as defined in article
    14  four  hundred  ninety of the penal law[, other than the crime defined in
    15  section 490.20 of such law]; aggravated threat of mass harm  as  defined
    16  in  section  240.79 of the penal law; or making a threat of mass harm as
    17  defined in section 240.78 of the penal law;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13568-01-3

        A. 8283                             2

     1    (m) assault in the third degree as defined in section  120.00  of  the
     2  penal  law  [or]; arson in the third degree as defined in section 150.10
     3  of the penal law[,]; aggravated  harassment  in  the  second  degree  as
     4  defined  in section 240.30; harassment in the first degree as defined in
     5  section  240.25;  menacing  in  the  third  degree as defined in section
     6  120.15; menacing in the second degree as defined in section  120.14;  or
     7  menacing in the first degree as defined in section 120.13, when any such
     8  crime  is  charged  as  a hate crime as defined in section 485.05 of the
     9  penal law;
    10    (t) any felony or class A misdemeanor involving harm to  an  identifi-
    11  able  person  or  property,  or  any  charge of criminal possession of a
    12  firearm as defined in section 265.01-b of  the  penal  law,  where  such
    13  charge  arose from conduct occurring while the defendant was released on
    14  his or her own recognizance, released under conditions, or had yet to be
    15  arraigned after the issuance of a desk appearance ticket for a  separate
    16  felony  or  class A misdemeanor involving harm to an identifiable person
    17  or property, or any charge  of  criminal  possession  of  a  firearm  as
    18  defined  in  section  265.01-b of the penal law, provided, however, that
    19  the prosecutor must show reasonable cause to believe that the  defendant
    20  committed  the  instant crime and any underlying crime. For the purposes
    21  of this subparagraph, any of the underlying crimes need not be a  quali-
    22  fying  offense  as defined in this subdivision. For the purposes of this
    23  paragraph, "harm to an identifiable person or  property"  shall  include
    24  but  not  be  limited  to theft of or damage to property. However, based
    25  upon a review of the facts alleged in the accusatory instrument, if  the
    26  court determines that such theft is negligible and does not appear to be
    27  in  furtherance  of  other  criminal  activity,  the  principal shall be
    28  released on his or her own recognizance or under  appropriate  non-mone-
    29  tary conditions; [or]
    30    (u)  criminal possession of a weapon in the third degree as defined in
    31  subdivision three of section 265.02 of the penal law or criminal sale of
    32  a firearm to a minor as defined in section 265.16 of the  penal  law[.];
    33  or
    34    (v)  aggravated  harassment  in the first degree as defined in section
    35  240.31 of the penal law.
    36    § 2. Subparagraphs (vii), (xiii), (xx), and (xxi) of paragraph (b)  of
    37  subdivision  1 of section 530.20 of the criminal procedure law, subpara-
    38  graphs (vii) and (xiii) as amended by section 3 of part UU of chapter 56
    39  of the laws of 2020 and subparagraph (xx) as  amended  and  subparagraph
    40  (xxi) as added by section 4 of subpart C of part UU of chapter 56 of the
    41  laws of 2022, are amended and a new subparagraph (xxii) is added to read
    42  as follows:
    43    (vii)  money laundering in support of terrorism in the first degree as
    44  defined in section 470.24 of the penal law; money laundering in  support
    45  of  terrorism  in  the second degree as defined in section 470.23 of the
    46  penal law; money laundering in support of terrorism in the third  degree
    47  as  defined  in  section  470.22  of  the penal law; money laundering in
    48  support of terrorism in the fourth degree as defined in  section  470.21
    49  of the penal law; [or] a felony crime of terrorism as defined in article
    50  four  hundred  ninety of the penal law[, other than the crime defined in
    51  section 490.20 of such law]; aggravated threat of mass harm  as  defined
    52  in  section  240.79 of the penal law; or making a threat of mass harm as
    53  defined in section 240.78 of the penal law;
    54    (xiii) assault in the third degree as defined in section 120.00 of the
    55  penal law [or]; arson in the third degree as defined in  section  150.10
    56  of  the penal law; aggravated harassment in the second degree as defined

        A. 8283                             3

     1  in section 240.30; harassment in the first degree as defined in  section
     2  240.25;  menacing  in  the  third  degree  as defined in section 120.15;
     3  menacing in the second degree as defined in section 120.14; or  menacing
     4  in the first degree as defined in section 120.13, when any such crime is
     5  charged as a hate crime as defined in section 485.05 of the penal law;
     6    (xx)  any felony or class A misdemeanor involving harm to an identifi-
     7  able person or property, or any  charge  of  criminal  possession  of  a
     8  firearm  as  defined  in  section  265.01-b  of the penal law where such
     9  charge arose from conduct occurring while the defendant was released  on
    10  his or her own recognizance, released under conditions, or had yet to be
    11  arraigned  after the issuance of a desk appearance ticket for a separate
    12  felony or class A misdemeanor involving harm to an  identifiable  person
    13  or property, provided, however, that the prosecutor must show reasonable
    14  cause  to believe that the defendant committed the instant crime and any
    15  underlying crime. For the purposes of  this  subparagraph,  any  of  the
    16  underlying  crimes  need  not be a qualifying offense as defined in this
    17  subdivision. For the purposes of this paragraph, "harm to  an  identifi-
    18  able person or property" shall include but not be limited to theft of or
    19  damage to property. However, based upon a review of the facts alleged in
    20  the  accusatory  instrument,  if the court determines that such theft is
    21  negligible and does not appear to be in furtherance  of  other  criminal
    22  activity, the principal shall be released on his or her own recognizance
    23  or under appropriate non-monetary conditions; [or]
    24    (xxi)  criminal  possession of a weapon in the third degree as defined
    25  in subdivision three of section 265.02 of the penal law or criminal sale
    26  of a firearm to a minor as  defined  in  section  265.16  of  the  penal
    27  law[.]; or
    28    (xxii) aggravated harassment in the first degree as defined in section
    29  240.31 of the penal law.
    30    §  3.  Paragraphs  (g),  (m), (t), and (u) of subdivision 4 of section
    31  530.40 of the criminal procedure law, paragraph (g) as amended and para-
    32  graph (m) as added by section 4 of part UU of chapter 56 of the laws  of
    33  2020  and paragraph (t) as amended and paragraph (u) as added by section
    34  4 of subpart B of part UU of chapter 56 of the laws of 2022, are amended
    35  and a new paragraph (v) is added to read as follows:
    36    (g) money laundering in support of terrorism in the  first  degree  as
    37  defined  in section 470.24 of the penal law; money laundering in support
    38  of terrorism in the second degree as defined in section  470.23  of  the
    39  penal  law; money laundering in support of terrorism in the third degree
    40  as defined in section 470.22 of  the  penal  law;  money  laundering  in
    41  support  of  terrorism in the fourth degree as defined in section 470.21
    42  of the penal law; [or] a felony crime of terrorism as defined in article
    43  four hundred ninety of the penal law[, other than the crime  defined  in
    44  section  490.20  of such law]; aggravated threat of mass harm as defined
    45  in section 240.79 of the penal law; or making a threat of mass  harm  as
    46  defined in section 240.78 of the penal law;
    47    (m)  assault  in  the third degree as defined in section 120.00 of the
    48  penal law or arson in the third degree as defined in section  150.10  of
    49  the  penal law; aggravated harassment in the second degree as defined in
    50  section 240.30; harassment in the first degree  as  defined  in  section
    51  240.25;  menacing  in  the  third  degree  as defined in section 120.15;
    52  menacing in the second degree as defined in section 120.14; or  menacing
    53  in the first degree as defined in section 120.13, when any such crime is
    54  charged as a hate crime as defined in section 485.05 of the penal law;
    55    (t)  any  felony or class A misdemeanor involving harm to an identifi-
    56  able person or property, or any  charge  of  criminal  possession  of  a

        A. 8283                             4

     1  firearm  as  defined  in  section  265.01-b of the penal law, where such
     2  charge arose from conduct occurring while the defendant was released  on
     3  his or her own recognizance, released under conditions, or had yet to be
     4  arraigned  after the issuance of a desk appearance ticket for a separate
     5  felony or class A misdemeanor involving harm to an  identifiable  person
     6  or  property,  or  any  charge  of  criminal  possession of a firearm as
     7  defined in section 265.01-b of the penal law,  provided,  however,  that
     8  the  prosecutor must show reasonable cause to believe that the defendant
     9  committed the instant crime and any underlying crime. For  the  purposes
    10  of  this subparagraph, any of the underlying crimes need not be a quali-
    11  fying offense as defined in this subdivision. For the purposes  of  this
    12  paragraph,  "harm  to  an identifiable person or property" shall include
    13  but not be limited to theft of or damage  to  property.  However,  based
    14  upon  a review of the facts alleged in the accusatory instrument, if the
    15  court determines that such theft is negligible and does not appear to be
    16  in furtherance of  other  criminal  activity,  the  principal  shall  be
    17  released  on  his or her own recognizance or under appropriate non-mone-
    18  tary conditions; [or]
    19    (u) criminal possession of a weapon in the third degree as defined  in
    20  subdivision three of section 265.02 of the penal law or criminal sale of
    21  a  firearm  to a minor as defined in section 265.16 of the penal law[.];
    22  or
    23    (v) aggravated harassment in the first degree as  defined  in  section
    24  240.31 of the penal law.
    25    §  4.  Subparagraph  (xi) of paragraph (b) of subdivision 1 of section
    26  150.20 of the criminal procedure law, as added by section 1 of subpart B
    27  of part UU of chapter 56 of the laws of 2022,  is  amended  to  read  as
    28  follows:
    29    (xi)  the offense is a qualifying offense pursuant to paragraph (g) or
    30  (t) of subdivision four of section 510.10 of this chapter,  or  pursuant
    31  to  paragraph  (g)  or (t) of subdivision four of section 530.40 of this
    32  chapter.
    33    § 5. Subdivision 3 of section 485.05 of the penal law, as  amended  by
    34  section  3  of  part  R of chapter 55 of the laws of 2020, is amended to
    35  read as follows:
    36    3. A "specified offense" is an offense defined by any of the following
    37  provisions of  this  chapter:  section  120.00  (assault  in  the  third
    38  degree);  section  120.05 (assault in the second degree); section 120.10
    39  (assault in the first degree); section 120.12 (aggravated assault upon a
    40  person less than eleven years old);  section  120.13  (menacing  in  the
    41  first  degree);  section 120.14 (menacing in the second degree); section
    42  120.15 (menacing in the third degree); section 120.20  (reckless  endan-
    43  germent  in the second degree); section 120.25 (reckless endangerment in
    44  the first degree); section 121.12 (strangulation in the second  degree);
    45  section  121.13  (strangulation in the first degree); subdivision one of
    46  section 125.15 (manslaughter in the second degree); subdivision one, two
    47  or four of section 125.20 (manslaughter in the  first  degree);  section
    48  125.25  (murder  in  the second degree); section 120.45 (stalking in the
    49  fourth degree); section 120.50 (stalking in the third  degree);  section
    50  120.55  (stalking in the second degree); section 120.60 (stalking in the
    51  first degree); subdivision one of section  130.35  (rape  in  the  first
    52  degree);  subdivision  one of section 130.50 (criminal sexual act in the
    53  first degree); subdivision one of section 130.65 (sexual  abuse  in  the
    54  first  degree);  paragraph  (a)  of  subdivision  one  of section 130.67
    55  (aggravated sexual abuse in the second degree); paragraph (a) of  subdi-
    56  vision  one  of  section  130.70  (aggravated  sexual abuse in the first

        A. 8283                             5

     1  degree); section 135.05 (unlawful imprisonment in  the  second  degree);
     2  section  135.10  (unlawful  imprisonment  in  the first degree); section
     3  135.20 (kidnapping in the second degree); section 135.25 (kidnapping  in
     4  the  first  degree);  section  135.60  (coercion  in  the third degree);
     5  section 135.61 (coercion in the second degree); section 135.65 (coercion
     6  in the first degree); section 140.10 (criminal  trespass  in  the  third
     7  degree);  section  140.15  (criminal  trespass  in  the  second degree);
     8  section 140.17 (criminal trespass in the first degree);  section  140.20
     9  (burglary  in  the third degree); section 140.25 (burglary in the second
    10  degree); section 140.30 (burglary in the first degree);  section  145.00
    11  (criminal  mischief  in  the  fourth  degree);  section 145.05 (criminal
    12  mischief in the third degree); section 145.10 (criminal mischief in  the
    13  second  degree); section 145.12 (criminal mischief in the first degree);
    14  section 150.05 (arson in the fourth degree); section  150.10  (arson  in
    15  the  third degree); section 150.15 (arson in the second degree); section
    16  150.20 (arson in the first  degree);  section  155.25  (petit  larceny);
    17  section  155.30  (grand  larceny  in  the fourth degree); section 155.35
    18  (grand larceny in the third degree); section 155.40  (grand  larceny  in
    19  the  second degree); section 155.42 (grand larceny in the first degree);
    20  section 160.05 (robbery in the third degree); section 160.10 (robbery in
    21  the second degree);  section  160.15  (robbery  in  the  first  degree);
    22  section 240.25 (harassment in the first degree); subdivision one, two or
    23  four  of  section  240.30  (aggravated harassment in the second degree);
    24  section 490.10 (soliciting or providing support for an act of  terrorism
    25  in  the  second degree); section 490.15 (soliciting or providing support
    26  for an act of terrorism in the first degree); section 490.20  (making  a
    27  terroristic threat); section 490.25 (crime of terrorism); section 490.30
    28  (hindering  prosecution  of  terrorism  in  the  second degree); section
    29  490.35 (hindering prosecution of terrorism in the first degree); section
    30  490.37 (criminal possession of a chemical weapon or biological weapon in
    31  the third degree); section 490.40 (criminal  possession  of  a  chemical
    32  weapon or biological weapon in the second degree); section 490.45 (crim-
    33  inal  possession  of a chemical weapon or biological weapon in the first
    34  degree); section 490.47 (criminal use of a chemical weapon or biological
    35  weapon in the third degree); section 490.50 (criminal use of a  chemical
    36  weapon or biological weapon in the second degree); section 490.55 (crim-
    37  inal use of a chemical weapon or biological weapon in the first degree);
    38  section  240.78  (making  a threat of mass harm); section 240.79 (aggra-
    39  vated threat of mass harm); or any attempt or conspiracy to  commit  any
    40  of the foregoing offenses.
    41    §  6.  The  closing  paragraph  of section 240.78 of the penal law, as
    42  added by chapter 206 of the laws of 2022, is amended to read as follows:
    43    Making a threat of mass harm is a class [B] A misdemeanor.
    44    § 7. The closing paragraph of section 240.79  of  the  penal  law,  as
    45  added by chapter 206 of the laws of 2022, is amended to read as follows:
    46    Aggravated threat of mass harm is a class [A misdemeanor] E felony.
    47    §  8.  This  act shall take effect on the thirtieth day after it shall
    48  have become a law.