Bill Text: NY S00977 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes bail for class A misdemeanors and felonies committed during a riot.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S00977 Detail]

Download: New_York-2023-S00977-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           977

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 9, 2023
                                       ___________

        Introduced  by  Sen. MATTERA -- read twice and ordered printed, and when
          printed to be committed 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 (u) of subdivision 4 of  section  510.10
     2  of  the criminal procedure law, paragraph (a) as amended by section 2 of
     3  part UU of chapter 56 of the laws of 2020, paragraph  (u)  as  added  by
     4  section 2 of subpart B of part UU of chapter 56 of the laws of 2022, are
     5  amended and a new paragraph (v) is added to read as follows:
     6    (a)  a felony enumerated in section 70.02 of the penal law, other than
     7  robbery in the second degree as defined in subdivision  one  of  section
     8  160.10  of the penal law, provided, however, that burglary in the second
     9  degree as defined in subdivision two of section 140.25 of the penal  law
    10  shall  be  a qualifying offense only where the defendant is charged with
    11  entering the living area of the dwelling or is charged  with  committing
    12  such  offense while engaging in a riot as defined in article two hundred
    13  forty of the penal law;
    14    (u) criminal possession of a weapon in the third degree as defined  in
    15  subdivision three of section 265.02 of the penal law or criminal sale of
    16  a  firearm  to a minor as defined in section 265.16 of the penal law[.];
    17  or
    18    (v) any felony or class  A  misdemeanor  involving  harm  to  an iden-
    19  tifiable person or property, where such charge   arose   from    conduct
    20  occurring while the defendant was engaging in a riot as defined in arti-
    21  cle two hundred forty of the penal law.
    22    §  2. Subparagraphs (i) and (xxi) of paragraph (b) of subdivision 1 of
    23  section 530.20 of the  criminal   procedure   law, subparagraph  (i)  as
    24  amended  by  section  3  of  part  UU of chapter 56 of the laws of 2020,
    25  subparagraph (xxi) as added by section 4 of subpart  C  of  part  UU  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02659-01-3
        S. 977                              2

     1  chapter  56  of  the  laws  of  2022, are amended and a new subparagraph
     2  (xxii) is added to read as 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    (xxi) criminal possession of a weapon in the third degree  as  defined
    12  in subdivision three of section 265.02 of the penal law or criminal sale
    13  of  a  firearm  to  a  minor  as  defined in section 265.16 of the penal
    14  law[.]; or
    15    (xxii) any  felony  or  class  A  misdemeanor  involving  harm  to  an
    16  identifiable person or property, where such charge  arose  from  conduct
    17  occurring while the defendant was engaging in a riot as defined in arti-
    18  cle two hundred forty of the penal law.
    19    §  3. Paragraphs (a) and (u) of subdivision 4 of section 530.40 of the
    20  criminal procedure law, paragraph (a) as amended by section 4 of part UU
    21  of chapter 56 of the laws of 2020, paragraph (u) as added by  section  4
    22  of  subpart  B of part UU of chapter 56 of the laws of 2022, are amended
    23  and a new paragraph (v) is added to read as follows:
    24    (a) a felony enumerated in section 70.02 of the penal law, other  than
    25  robbery  in  the  second degree as defined in subdivision one of section
    26  160.10 of the penal law, provided, however, that burglary in the  second
    27  degree  as defined in subdivision two of section 140.25 of the penal law
    28  shall be a qualifying offense only where the defendant is  charged  with
    29  entering  the  living area of the dwelling or is charged with committing
    30  such offense while engaging in a riot as defined in article two  hundred
    31  forty of the penal law;
    32    (u)  criminal possession of a weapon in the third degree as defined in
    33  subdivision three of section 265.02 of the penal law or criminal sale of
    34  a firearm to a minor as defined in section 265.16 of the  penal  law[.];
    35  or
    36    (v)  any   felony   or  class  A  misdemeanor  involving  harm  to  an
    37  identifiable person or property, where such charge  arose  from  conduct
    38  occurring    while    the  defendant  was  engaging in a riot as defined
    39  in article two hundred forty of the penal law.
    40    § 4. This act shall take effect immediately.