Bill Text: NY A08502 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8502

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     August 7, 2019
                                       ___________

        Introduced  by M. of A. STERN -- read once and referred to the Committee
          on Codes

        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  six  new  paragraphs (d-1), (j), (k), (l), (m) and (n) are added to read
     5  as follows:
     6    (a) a felony enumerated in section 70.02 of the penal law, [other than
     7  burglary in the second degree as defined in subdivision two  of  section
     8  140.25  of  the  penal law or robbery in the second degree as defined in
     9  subdivision 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, aggravated vehicu-
    11  lar assault as defined in section 120.04-a of the penal law,  aggravated
    12  assault  upon  a person less than eleven years old as defined in section
    13  120.12 of the penal law, criminally negligent  homicide  as  defined  in
    14  section  125.10  of  the  penal  law,  aggravated  vehicular homicide as
    15  defined in section 125.14 of the penal law, manslaughter in  the  second
    16  degree as defined in section 125.15 of the penal law; unlawful imprison-
    17  ment  in the first degree as defined in section 135.10 of the penal law,
    18  coercion in the first degree as defined in section 135.65 of  the  penal
    19  law,  arson  in  the  fourth  degree as defined in section 150.05 of the
    20  penal law, arson in the third degree as defined in section 150.10, grand
    21  larceny in the first degree as defined in section 155.42  of  the  penal
    22  law,  criminal  possession  of  a weapon on school grounds as defined in
    23  section 265.01-a of the penal law, or criminal possession of  a  firearm
    24  as defined in section 265.01-b of the penal law;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13220-07-9
        A. 8502                             2

     1    (d)  a  class A felony defined in the penal law, other than in article
     2  two hundred twenty of such law with the exception of [section]  sections
     3  220.18, 220.21, 220.41, 220.43, 220.44 and 220.77 of such law;
     4    (d-1)  use  of  a  child  to  commit a controlled substance offense as
     5  defined in section 220.28 of the  penal  law  and  criminal  sale  of  a
     6  controlled  substance  to  a  child  as defined in section 220.48 of the
     7  penal law;
     8    (e) a felony sex offense defined in section 70.80 of the penal law  or
     9  a  crime involving incest as defined in section 255.25, 255.26 or 255.27
    10  of such law, promoting prostitution in the first degree  as  defined  in
    11  section  230.32  of the penal law, compelling prostitution as defined in
    12  section 230.33 of the penal law or a misdemeanor defined in article  one
    13  hundred thirty of such law;
    14    (f)  conspiracy  in  the second degree as defined in section 105.15 of
    15  the penal law, where the underlying allegation of such  charge  is  that
    16  the  defendant  conspired  to commit a class A felony defined in article
    17  one hundred twenty-five of the penal law, criminal solicitation  in  the
    18  first  degree  as defined in section 100.13 of the penal law or criminal
    19  facilitation in the first degree as defined in  section  115.08  of  the
    20  penal law;
    21    (g)  money  laundering  in support of terrorism in the first degree as
    22  defined in section 470.24 of the penal law; money laundering in  support
    23  of  terrorism  in  the second degree as defined in section 470.23 of the
    24  penal law; money laundering in support of terrorism in the fourth degree
    25  as defined in section 470.21 of  the  penal  law,  money  laundering  in
    26  support of terrorism in the third degree as defined in section 470.22 of
    27  the penal law, or a felony crime of terrorism as defined in article four
    28  hundred  ninety  of  the  penal  law[,  other  than the crime defined in
    29  section 490.20 of such law];
    30    (h) criminal contempt in the second degree as defined  in  subdivision
    31  three of section 215.50 of the penal law, criminal contempt in the first
    32  degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
    33  the penal law or aggravated criminal  contempt  as  defined  in  section
    34  215.52 of the penal law, and the underlying allegation of such charge of
    35  criminal  contempt  in the second degree, criminal contempt in the first
    36  degree or aggravated criminal contempt is that the defendant violated  a
    37  duly served order of protection where the protected party is a member of
    38  the  defendant's  same family or household as defined in subdivision one
    39  of section 530.11 of this article; [or]
    40    (i) promoting prostitution in a school  zone  as  defined  in  section
    41  230.19  of  the  penal law, facilitating a sexual performance by a child
    42  with a controlled substance or alcohol as defined in section  263.30  of
    43  the  penal  law,  use  of  a child in a sexual performance as defined in
    44  section 263.05 of the penal law, patronizing a person  for  prostitution
    45  in  a school zone as defined in section 230.08 of the penal law, promot-
    46  ing an obscene sexual performance by  a  child  as  defined  in  section
    47  263.10  of  the penal law, possessing an obscene sexual performance by a
    48  child as defined in section 263.11 of the penal law, promoting a  sexual
    49  performance  by  a  child as defined in section 263.15 of the penal law,
    50  failure to register as a sex offender as defined in section 168-t of the
    51  correction law or luring a  child  as  defined  in  subdivision  one  of
    52  section 120.70 of the penal law[.];
    53    (j)  obstructing  governmental  administration in the second degree as
    54  defined in section 195.05 of the  penal  law,  obstructing  governmental
    55  administration  in  the  first  degree  as  defined  in  section 195.07,
    56  obstructing governmental administration by means of a self-defense spray
        A. 8502                             3

     1  device as defined in section 195.08, bribery  in  the  first  degree  as
     2  defined in section 200.04 of the penal law, bribe receiving in the first
     3  degree  as  defined in section 200.12 of the penal law, bribe giving for
     4  public  office  as defined in section 200.45 of the penal law, promoting
     5  prison contraband in the second degree as defined in section  205.20  of
     6  the  penal  law,  promoting  prison  contraband  in  the first degree as
     7  defined in section 205.25 of the penal law, resisting arrest as  defined
     8  in  section  205.30 of the penal law, hindering prosecution in the first
     9  degree as defined in section 205.65 of the penal law, tampering  with  a
    10  juror  in the first degree as defined in section 215.25 of the penal law
    11  or tampering with physical evidence as defined in section 215.40 of  the
    12  penal law;
    13    (k) public sensibilities and the right to privacy including aggravated
    14  harassment in the first degree as defined in section 240.31 of the penal
    15  law  or  directing a laser at an aircraft in the first degree as defined
    16  in section 240.77 of the penal law;
    17    (l) criminal possession of a weapon in the fourth degree as defined in
    18  section 265.01 of the penal law or criminal sale of a firearm to a minor
    19  as defined in section 265.16 of the penal law;
    20    (m) enterprise corruption as defined in section 460.20  of  the  penal
    21  law or money laundering in the first degree as defined in section 470.20
    22  of the penal law; or
    23    (n)  aggravated cruelty to animals as defined in section three hundred
    24  fifty-three-a of the agriculture and markets law, overdriving, torturing
    25  and injuring animals; failure to provide proper sustenance as defined in
    26  section three hundred fifty-three of the agriculture and markets law, or
    27  animal fighting as defined in section three  hundred  fifty-one  of  the
    28  agriculture and markets law.
    29    §  2.  This  act  shall  take  effect on the same date and in the same
    30  manner as section 2 of part JJJ of chapter 59 of the laws of 2019, takes
    31  effect.