Bill Text: NY A08944 | 2019-2020 | General Assembly | Introduced

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Bill Title: Includes hate crimes as a qualifying offense for the purposes of a court's determination to release the principal pending trial on the principal's own recognizance or under non-monetary conditions, fix bail, or, where the defendant is charged with a qualifying offense which is a felony, the court may commit the principal to the custody of the sheriff.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A08944 Detail]

Download: New_York-2019-A08944-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8944

                   IN ASSEMBLY

                                     January 2, 2020
                                       ___________

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

        AN ACT to amend the criminal procedure  law,  in  relation  to  securing
          orders for principals charged with hate crimes

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

     1    Section 1. Paragraphs (h) and (i) of subdivision 4 of  section  510.10
     2  of  the  criminal  procedure  law,  as added by section 2 of part JJJ of
     3  chapter 59 of the laws of 2019, are amended to read as follows:
     4    (h) criminal contempt in the second degree as defined  in  subdivision
     5  three of section 215.50 of the penal law, criminal contempt in the first
     6  degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
     7  the penal law or aggravated criminal  contempt  as  defined  in  section
     8  215.52 of the penal law, and the underlying allegation of such charge of
     9  criminal  contempt  in the second degree, criminal contempt in the first
    10  degree or aggravated criminal contempt is that the defendant violated  a
    11  duly served order of protection where the protected party is a member of
    12  the  defendant's  same family or household as defined in subdivision one
    13  of section 530.11 of this article; [or]
    14    (i) facilitating a sexual performance by a  child  with  a  controlled
    15  substance  or alcohol as defined in section 263.30 of the penal law, use
    16  of a child in a sexual performance as defined in section 263.05  of  the
    17  penal  law  or  luring  a child as defined in subdivision one of section
    18  120.70 of the penal law; or
    19    (j) a crime involving a hate crime under section 485.05 of  the  penal
    20  law.
    21    §  2.  Subparagraphs (viii) and (ix) of paragraph (b) of subdivision 1
    22  of section 530.20 of the criminal procedure law, as added by section  16
    23  of  part  JJJ  of chapter 59 of the laws of 2019, are amended to read as
    24  follows:
    25    (viii) criminal contempt in the second degree as defined  in  subdivi-
    26  sion  three of section 215.50 of the penal law, criminal contempt in the
    27  first degree as defined in subdivision (b), (c) or (d) of section 215.51
    28  of the penal law or aggravated criminal contempt as defined  in  section

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14608-01-9
        A. 8944                             2

     1  215.52 of the penal law, and the underlying allegation of such charge of
     2  criminal  contempt  in the second degree, criminal contempt in the first
     3  degree or aggravated criminal contempt is that the defendant violated  a
     4  duly served order of protection where the protected party is a member of
     5  the  defendant's  same family or household as defined in subdivision one
     6  of section 530.11 of this article; [or]
     7    (ix) facilitating a sexual performance by a child  with  a  controlled
     8  substance  or alcohol as defined in section 263.30 of the penal law, use
     9  of a child in a sexual performance as defined in section 263.05  of  the
    10  penal  law  or  luring  a child as defined in subdivision one of section
    11  120.70 of the penal law; or
    12    (x) a crime involving a hate crime under section 485.05 of  the  penal
    13  law.
    14    §  3. Paragraphs (h) and (i) of subdivision 4 of section 530.40 of the
    15  criminal procedure law, as added by section 18 of part JJJ of chapter 59
    16  of the laws of 2019, are amended to read as follows:
    17    (h) criminal contempt in the second degree as defined  in  subdivision
    18  three of section 215.50 of the penal law, criminal contempt in the first
    19  degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
    20  the penal law or aggravated criminal  contempt  as  defined  in  section
    21  215.52 of the penal law, and the underlying allegation of such charge of
    22  criminal  contempt  in the second degree, criminal contempt in the first
    23  degree or aggravated criminal contempt is that the defendant violated  a
    24  duly served order of protection where the protected party is a member of
    25  the  defendant's  same family or household as defined in subdivision one
    26  of section 530.11 of this article; [or]
    27    (i) facilitating a sexual performance by a  child  with  a  controlled
    28  substance  or alcohol as defined in section 263.30 of the penal law, use
    29  of a child in a sexual performance as defined in section 263.05  of  the
    30  penal  law  or  luring  a child as defined in subdivision one of section
    31  120.70 of the penal law; or
    32    (j) a crime involving a hate crime under section 485.05 of  the  penal
    33  law.
    34    §  4.  This  act  shall  take  effect on the same date and in the same
    35  manner as part JJJ of chapter 59 of the laws of 2019 takes effect.