Bill Text: NY A08502 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to qualifying offenses for pre-trial detention.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2020-01-27 - print number 8502a [A08502 Detail]
Download: New_York-2019-A08502-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8502--A 2019-2020 Regular Sessions IN ASSEMBLY August 7, 2019 ___________ Introduced by M. of A. STERN, GRIFFIN, NORRIS, THIELE, BARNWELL -- read once and referred to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, in relation to qualifying offenses for pre-trial detention The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a), (d), (e), (f), (g), (h) and (i) of subdivi- 2 sion 4 of section 510.10 of the criminal procedure law, as added by 3 section 2 of part JJJ of chapter 59 of the laws of 2019, are amended and 4 seven new paragraphs (d-1), (j), (k), (l), (m), (n) and (o) are added to 5 read as follows: 6 (a) a felony enumerated in section 70.02 of the penal law, [other than7burglary in the second degree as defined in subdivision two of section8140.25 of the penal law or robbery in the second degree as defined in9subdivision one of section 160.10 of the penal law] assault in the third 10 degree as defined in section 120.00 of the penal law, reckless assault 11 of a child by a child day care provider as defined in section 120.01 of 12 the penal law, aggravated vehicular assault as defined in section 13 120.04-a of the penal law, aggravated assault upon a person less than 14 eleven years old as defined in section 120.12 of the penal law, stalking 15 in the fourth degree as defined in section 120.45 of the penal law, 16 stalking in the third degree as defined in section 120.50 of the penal 17 law, stalking in the second degree as defined in section 120.55 of the 18 penal law, stalking in the first degree as defined in section 120.60 of 19 the penal law, criminally negligent homicide as defined in section 20 125.10 of the penal law, vehicular manslaughter in the second degree as 21 defined in section 125.12 of the penal law, vehicular manslaughter in 22 the first degree as defined by section 125.13 of the penal law, aggra- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13220-15-0A. 8502--A 2 1 vated vehicular homicide as defined in section 125.14 of the penal law, 2 manslaughter in the second degree as defined in section 125.15 of the 3 penal law, unlawful imprisonment in the first degree as defined in 4 section 135.10 of the penal law, coercion in the first degree as defined 5 in section 135.65 of the penal law, burglary in the third degree as 6 defined in section 140.20 of the penal law, arson in the fourth degree 7 as defined in section 150.05 of the penal law, arson in the third degree 8 as defined in section 150.10 of the penal law, grand larceny in the 9 first degree as defined in section 155.42 of the penal law, robbery in 10 the third degree as defined in section 160.05 of the penal law, criminal 11 possession of a weapon on school grounds as defined in section 265.01-a 12 of the penal law, or criminal possession of a firearm as defined in 13 section 265.01-b of the penal law; 14 (d) a class A felony defined in the penal law, other than in article 15 two hundred twenty of such law with the exception of [section] sections 16 220.18, 220.21, 220.41, 220.43, 220.44 and 220.77 of such law; 17 (d-1) use of a child to commit a controlled substance offense as 18 defined in section 220.28 of the penal law and criminal sale of a 19 controlled substance to a child as defined in section 220.48 of the 20 penal law; 21 (e) a felony sex offense defined in section 70.80 of the penal law or 22 a crime involving incest as defined in section 255.25, 255.26 or 255.27 23 of such law, promoting prostitution in the first degree as defined in 24 section 230.32 of the penal law, compelling prostitution as defined in 25 section 230.33 of the penal law or a misdemeanor defined in article one 26 hundred thirty of such law; 27 (f) conspiracy in the second degree as defined in section 105.15 of 28 the penal law, where the underlying allegation of such charge is that 29 the defendant conspired to commit a class A felony defined in article 30 one hundred twenty-five of the penal law, criminal solicitation in the 31 first degree as defined in section 100.13 of the penal law or criminal 32 facilitation in the first degree as defined in section 115.08 of the 33 penal law; 34 (g) money laundering in support of terrorism in the first degree as 35 defined in section 470.24 of the penal law; money laundering in support 36 of terrorism in the second degree as defined in section 470.23 of the 37 penal law; money laundering in support of terrorism in the fourth degree 38 as defined in section 470.21 of the penal law, money laundering in 39 support of terrorism in the third degree as defined in section 470.22 of 40 the penal law, or a felony crime of terrorism as defined in article four 41 hundred ninety of the penal law[, other than the crime defined in42section 490.20 of such law]; 43 (h) criminal contempt in the second degree as defined in subdivision 44 three of section 215.50 of the penal law, criminal contempt in the first 45 degree as defined in subdivision (b), (c) or (d) of section 215.51 of 46 the penal law or aggravated criminal contempt as defined in section 47 215.52 of the penal law, and the underlying allegation of such charge of 48 criminal contempt in the second degree, criminal contempt in the first 49 degree or aggravated criminal contempt is that the defendant violated a 50 duly served order of protection where the protected party is a member of 51 the defendant's same family or household as defined in subdivision one 52 of section 530.11 of this article; [or] 53 (i) prostitution in a school zone as defined in section 230.03 of the 54 penal law, promoting prostitution in a school zone as defined in section 55 230.19 of the penal law, facilitating a sexual performance by a child 56 with a controlled substance or alcohol as defined in section 263.30 ofA. 8502--A 3 1 the penal law, use of a child in a sexual performance as defined in 2 section 263.05 of the penal law, patronizing a person for prostitution 3 in a school zone as defined in section 230.08 of the penal law, promot- 4 ing an obscene sexual performance by a child as defined in section 5 263.10 of the penal law, possessing an obscene sexual performance by a 6 child as defined in section 263.11 of the penal law, promoting a sexual 7 performance by a child as defined in section 263.15 of the penal law, 8 possessing a sexual performance by a child as defined in section 263.16 9 of the penal law, failure to register as a sex offender as defined in 10 section 168-t of the correction law or luring a child as defined in 11 subdivision one of section 120.70 of the penal law[.]; 12 (j) obstructing governmental administration in the second degree as 13 defined in section 195.05 of the penal law, killing or injuring a police 14 animal as defined in section 195.06 of the penal law, killing a police 15 work dog or police work horse as defined in section 195.06-a of the 16 penal law, obstructing governmental administration in the first degree 17 as defined in section 195.07, obstructing governmental administration by 18 means of a self-defense spray device as defined in section 195.08, 19 bribery in the first degree as defined in section 200.04 of the penal 20 law, bribe receiving in the first degree as defined in section 200.12 of 21 the penal law, bribe giving for public office as defined in section 22 200.45 of the penal law, promoting prison contraband in the second 23 degree as defined in section 205.20 of the penal law, promoting prison 24 contraband in the first degree as defined in section 205.25 of the penal 25 law, resisting arrest as defined in section 205.30 of the penal law, 26 hindering prosecution in the first degree as defined in section 205.65 27 of the penal law, tampering with a juror in the first degree as defined 28 in section 215.25 of the penal law or tampering with physical evidence 29 as defined in section 215.40 of the penal law; 30 (k) public sensibilities and the right to privacy including aggravated 31 harassment in the first degree as defined in section 240.31 of the penal 32 law or directing a laser at an aircraft in the first degree as defined 33 in section 240.77 of the penal law; 34 (l) criminal possession of a weapon in the fourth degree as defined in 35 section 265.01 of the penal law, criminal sale of a firearm to a minor 36 as defined in section 265.16 of the penal law, criminal purchase or 37 disposal of a weapon as defined in section 265.17 of the penal law, or 38 aggravated criminal possession of a weapon as defined in section 265.19 39 of the penal law; 40 (m) enterprise corruption as defined in section 460.20 of the penal 41 law or money laundering in the first degree as defined in section 470.20 42 of the penal law; 43 (n) aggravated cruelty to animals as defined in section three hundred 44 fifty-three-a of the agriculture and markets law, overdriving, torturing 45 and injuring animals, failure to provide proper sustenance as defined in 46 section three hundred fifty-three of the agriculture and markets law, or 47 animal fighting as defined in section three hundred fifty-one of the 48 agriculture and markets law; or 49 (o) a hate crime as defined in section 485.05 of the penal law. 50 § 2. This act shall take effect immediately.
