Bill Text: NY A10923 | 2019-2020 | General Assembly | Introduced
Bill Title: Authorizes bail for class A misdemeanors and felonies committed during a riot.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-08-17 - referred to codes [A10923 Detail]
Download: New_York-2019-A10923-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10923 IN ASSEMBLY August 17, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Stern) -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to authorizing bail for certain offenses committed during a riot The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a) and (t) of subdivision 4 of section 510.10 2 of the criminal procedure law, paragraph (a) as amended and paragraph 3 (t) as added by section 2 of part UU of chapter 56 of the laws of 2020, 4 are amended and a new paragraph (u) is added to read as follows: 5 (a) a felony enumerated in section 70.02 of the penal law, other than 6 robbery in the second degree as defined in subdivision one of section 7 160.10 of the penal law, provided, however, that burglary in the second 8 degree as defined in subdivision two of section 140.25 of the penal law 9 shall be a qualifying offense only where the defendant is charged with 10 entering the living area of the dwelling or is charged with committing 11 such offense while engaging in a riot as defined in article two hundred 12 forty of the penal law; 13 (t) any felony or class A misdemeanor involving harm to an identifi- 14 able person or property, where such charge arose from conduct occurring 15 while the defendant was released on his or her own recognizance or 16 released under conditions for a separate felony or class A misdemeanor 17 involving harm to an identifiable person or property, provided, however, 18 that the prosecutor must show reasonable cause to believe that the 19 defendant committed the instant crime and any underlying crime. For the 20 purposes of this subparagraph, any of the underlying crimes need not be 21 a qualifying offense as defined in this subdivision[.]; or 22 (u) any felony or class A misdemeanor involving harm to an iden- 23 tifiable person or property, where such charge arose from conduct 24 occurring while the defendant was engaging in a riot as defined in arti- 25 cle two hundred forty of the penal law. 26 § 2. Subparagraphs (i) and (xx) of paragraph (b) of subdivision 1 of 27 section 530.20 of the criminal procedure law, subparagraphs (i) and 28 (xx) as amended by section 3 of part UU of chapter 56 of the laws of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16692-02-0A. 10923 2 1 2020, are amended and a new subparagraph (xxi) is added to read as 2 follows: 3 (i) a felony enumerated in section 70.02 of the penal law, other than 4 robbery in the second degree as defined in subdivision one of section 5 160.10 of the penal law, provided, however, that burglary in the second 6 degree as defined in subdivision two of section 140.25 of the penal law 7 shall be a qualifying offense only where the defendant is charged with 8 entering the living area of the dwelling, or is charged with committing 9 such offense while engaging in a riot as defined in article two hundred 10 forty of the penal law; 11 (xx) any felony or class A misdemeanor involving harm to an identifi- 12 able person or property, where such charge arose from conduct occurring 13 while the defendant was released on his or her own recognizance or 14 released under conditions for a separate felony or class A misdemeanor 15 involving harm to an identifiable person or property, provided, however, 16 that the prosecutor must show reasonable cause to believe that the 17 defendant committed the instant crime and any underlying crime. For the 18 purposes of this subparagraph, any of the underlying crimes need not be 19 a qualifying offense as defined in this subdivision[.]; or 20 (xxi) any felony or class A misdemeanor involving harm to an 21 identifiable person or property, where such charge arose from conduct 22 occurring while the defendant was engaging in a riot as defined in arti- 23 cle two hundred forty of the penal law. 24 § 3. Paragraphs (a) and (t) of subdivision 4 of section 530.40 of the 25 criminal procedure law, paragraph (a) as amended and paragraph (t) as 26 added by section 4 of part UU of chapter 56 of the laws of 2020, are 27 amended and a new paragraph (u) is added to read as follows: 28 (a) a felony enumerated in section 70.02 of the penal law, other than 29 robbery in the second degree as defined in subdivision one of section 30 160.10 of the penal law, provided, however, that burglary in the second 31 degree as defined in subdivision two of section 140.25 of the penal law 32 shall be a qualifying offense only where the defendant is charged with 33 entering the living area of the dwelling or is charged with committing 34 such offense while engaging in a riot as defined in article two hundred 35 forty of the penal law; 36 (t) any felony or class A misdemeanor involving harm to an identifi- 37 able person or property, where such charge arose from conduct occurring 38 while the defendant was released on his or her own recognizance or 39 released under conditions for a separate felony or class A misdemeanor 40 involving harm to an identifiable person or property, provided, however, 41 that the prosecutor must show reasonable cause to believe that the 42 defendant committed the instant crime and any underlying crime. For the 43 purposes of this subparagraph, any of the underlying crimes need not be 44 a qualifying offense as defined in this subdivision[.]; or 45 (u) any felony or class A misdemeanor involving harm to an 46 identifiable person or property, where such charge arose from conduct 47 occurring while the defendant was engaging in a riot as defined 48 in article two hundred forty of the penal law. 49 § 4. This act shall take effect on the same date and in the same 50 manner as Part UU of chapter 56 of the laws of 2020, takes effect.
