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.