Bill Text: NY A09019 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the definition of a qualified offense for purposes of bail recognizance and the issuance of securing orders.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-01-10 - referred to codes [A09019 Detail]
Download: New_York-2019-A09019-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9019 IN ASSEMBLY January 10, 2020 ___________ Introduced by M. of A. M. L. MILLER, RA -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to defining a qualified offense for purposes of bail recognizance and the issuance of securing orders The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 510.10 of the criminal procedure 2 law, as added by section 2 of part JJJ of chapter 59 of the laws of 3 2019, is amended to read as follows: 4 4. Where the principal stands charged with a qualifying offense, the 5 court, unless otherwise prohibited by law, may in its discretion release 6 the principal pending trial on the principal's own recognizance or under 7 non-monetary conditions, fix bail, or, where the defendant is charged 8 with a qualifying offense which is a felony, the court may commit the 9 principal to the custody of the sheriff. A principal stands charged with 10 a qualifying offense for the purposes of this subdivision when he or she 11 stands charged with: 12 (a) a felony enumerated in section 70.02 of the penal law, other than 13 burglary in the second degree as defined in subdivision two of section 14 140.25 of the penal law or robbery in the second degree as defined in 15 subdivision one of section 160.10 of the penal law; 16 (b) a crime involving witness intimidation under section 215.15 of the 17 penal law; 18 (c) a crime involving witness tampering under section 215.11, 215.12 19 or 215.13 of the penal law; 20 (d) a class A felony defined in the penal law, other than in article 21 two hundred twenty of such law with the exception of section 220.77 of 22 such law; 23 (e) a felony sex offense defined in section 70.80 of the penal law or 24 a crime involving incest as defined in section 255.25, 255.26 or 255.27 25 of such law, or a misdemeanor defined in article one hundred thirty of 26 such law; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14629-01-0A. 9019 2 1 (f) conspiracy in the second degree as defined in section 105.15 of 2 the penal law, where the underlying allegation of such charge is that 3 the defendant conspired to commit a class A felony defined in article 4 one hundred twenty-five of the penal law; 5 (g) money laundering in support of terrorism in the first degree as 6 defined in section 470.24 of the penal law; money laundering in support 7 of terrorism in the second degree as defined in section 470.23 of the 8 penal law; or a felony crime of terrorism as defined in article four 9 hundred ninety of the penal law, other than the crime defined in section 10 490.20 of such law; 11 (h) criminal contempt in the second degree as defined in subdivision 12 three of section 215.50 of the penal law, criminal contempt in the first 13 degree as defined in subdivision (b), (c) or (d) of section 215.51 of 14 the penal law or aggravated criminal contempt as defined in section 15 215.52 of the penal law, and the underlying allegation of such charge of 16 criminal contempt in the second degree, criminal contempt in the first 17 degree or aggravated criminal contempt is that the defendant violated a 18 duly served order of protection where the protected party is a member of 19 the defendant's same family or household as defined in subdivision one 20 of section 530.11 of this article; [or] 21 (i) facilitating a sexual performance by a child with a controlled 22 substance or alcohol as defined in section 263.30 of the penal law, use 23 of a child in a sexual performance as defined in section 263.05 of the 24 penal law or luring a child as defined in subdivision one of section 25 120.70 of the penal law; or 26 (j) a crime defined as a hate crime under section 485.05 of the penal 27 law. 28 § 2. This act shall take effect immediately.