Bill Text: NY S02027 | 2021-2022 | General Assembly | Introduced
Bill Title: Adds serious crimes to those offenses that qualify for bail and pre-trial detention such as but not limited to hate crimes.
Spectrum: Partisan Bill (Republican 11-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S02027 Detail]
Download: New_York-2021-S02027-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2027 2021-2022 Regular Sessions IN SENATE January 16, 2021 ___________ Introduced by Sens. AKSHAR, BORRELLO, BOYLE, HELMING, JORDAN, O'MARA, ORTT, RITCHIE, TEDISCO -- 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 adding seri- ous crimes to those offenses that qualify for bail and pre-trial detention The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph and paragraphs (a), (d), (g), (i), 2 (s) and (t) of subdivision 4 of section 510.10 of the criminal procedure 3 law, the opening paragraph and paragraphs (a), (d), (g) and (i) as 4 amended and paragraphs (s) and (t) as added by section 2 of part UU of 5 chapter 56 of the laws of 2020, are amended and sixteen new paragraphs 6 (u), (v), (w), (x), (y), (z), (aa), (bb), (cc), (dd), (ee), (ff), (gg), 7 (hh), (ii) and (jj) are added to read as follows: 8 Where the principal stands charged with a qualifying offense, the 9 court, unless otherwise prohibited by law, may in its discretion release 10 the principal pending trial on the principal's own recognizance or under 11 non-monetary conditions, fix bail, or, where the defendant is charged 12 with a qualifying offense [which is a felony], the court may commit the 13 principal to the custody of the sheriff. A principal stands charged with 14 a qualifying offense for the purposes of this subdivision when he or she 15 stands charged with: 16 (a) a felony enumerated in section 70.02 of the penal law[, other than17robbery in the second degree as defined in subdivision one of section18160.10 of the penal law, provided, however, that burglary in the second19degree as defined in subdivision two of section 140.25 of the penal law20shall be a qualifying offense only where the defendant is charged with21entering the living area of the dwelling]; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04338-01-1S. 2027 2 1 (d) a class A felony defined in the penal law[, provided that for2class A felonies under article two hundred twenty of the penal law, only3class A-I felonies shall be a qualifying offense]; 4 (g) money laundering in support of terrorism in the first degree as 5 defined in section 470.24 of the penal law; money laundering in support 6 of terrorism in the second degree as defined in section 470.23 of the 7 penal law; money laundering in support of terrorism in the third degree 8 as defined in section 470.22 of the penal law; money laundering in 9 support of terrorism in the fourth degree as defined in section 470.21 10 of the penal law; or a [felony crime of terrorism as defined in article11four hundred ninety of the penal law, other than the crime defined in12section 490.20 of such law] misdemeanor or felony crime defined in arti- 13 cle four hundred ninety of the penal law; 14 (i) [facilitating a sexual performance by a child with a controlled15substance or alcohol as defined in section 263.30 of the penal law, use16of a child in a sexual performance as defined in section 263.05 of the17penal law] a misdemeanor or felony defined in article two hundred 18 sixty-three of the penal law or luring a child as defined in subdivision 19 one of section 120.70 of the penal law, promoting an obscene sexual 20 performance by a child as defined in section 263.10 of the penal law or 21 promoting a sexual performance by a child as defined in section 263.15 22 of the penal law; 23 (s) a felony, where the defendant qualifies for sentencing on such 24 charge as a persistent felony offender pursuant to section 70.10 of the 25 penal law; [or] 26 (t) any felony or class A misdemeanor involving harm to an identifi- 27 able person or property, where such charge arose from conduct occurring 28 while the defendant was released on his or her own recognizance or 29 released under conditions for a separate felony or class A misdemeanor 30 involving harm to an identifiable person or property, provided, however, 31 that the prosecutor must show reasonable cause to believe that the 32 defendant committed the instant crime and any underlying crime. For the 33 purposes of this subparagraph, any of the underlying crimes need not be 34 a qualifying offense as defined in this subdivision[.]; 35 (u) a felony enumerated in article two hundred twenty of the penal 36 law; 37 (v) a hate crime defined in article four hundred eighty-five of the 38 penal law; 39 (w) manslaughter in the second degree as defined in section 125.15 of 40 the penal law; 41 (x) criminally negligent homicide as defined in section 125.10 of the 42 penal law; 43 (y) reckless assault of a child as defined in section 120.02 of the 44 penal law or reckless assault of a child by a child day care provider as 45 defined in section 120.01 of the penal law; 46 (z) burglary in the third degree as defined in section 140.20 of the 47 penal law and robbery in the third degree as defined in section 160.05 48 of the penal law; 49 (aa) stalking in the second degree as defined in section 120.55 of the 50 penal law, stalking in the third degree as defined in section 120.50 of 51 the penal law or stalking in the fourth degree as defined in section 52 120.45 of the penal law; 53 (bb) aggravated vehicular manslaughter as defined in section 125.14 of 54 the penal law;S. 2027 3 1 (cc) vehicular manslaughter in the first degree as defined in section 2 125.13 of the penal law or vehicular manslaughter in the second degree 3 as defined in section 125.12 of the penal law; 4 (dd) menacing in the first degree as defined in section 120.13 of the 5 penal law, menacing in the second degree as defined in section 120.14 of 6 the penal law or menacing in the third degree as defined in section 7 120.15 of the penal law; 8 (ee) coercion in the first degree as defined in section 135.65 of the 9 penal law; 10 (ff) arson in the fourth degree as defined in section 150.05 of the 11 penal law; 12 (gg) criminal possession of a firearm as defined in section 265.01-b 13 of the penal law; 14 (hh) patronizing a person for prostitution in a school zone as defined 15 in section 230.08 of the penal law; 16 (ii) aggravated harassment in the first degree as defined in section 17 240.31 of the penal law; or 18 (jj) aggravated cruelty to animals as defined in section three hundred 19 fifty-three-a of the agriculture and markets law, overriding, torturing 20 and injuring animals; failure to provide proper sustenance as defined in 21 section three hundred fifty-three of the agriculture and markets law, or 22 animal fighting as defined in section three hundred fifty-one of the 23 agriculture and markets law. 24 § 2. The opening paragraph and subparagraphs (i), (iv), (vii), (ix), 25 (xix) and (xx) of paragraph (b) of subdivision 1 of section 530.20 of 26 the criminal procedure law, as amended by section 3 of part UU of chap- 27 ter 56 of the laws of 2020, are amended and sixteen new subparagraphs 28 (xxi), (xxii), (xxiii), (xxiv), (xxv), (xxvi), (xxvii), (xxviii), 29 (xxix), (xxx), (xxxi), (xxxii), (xxxiii), (xxxiv), (xxxv), and (xxxvi) 30 are added to read as follows: 31 Where the principal stands charged with a qualifying offense, the 32 court, unless otherwise prohibited by law, may in its discretion release 33 the principal pending trial on the principal's own recognizance or under 34 non-monetary conditions, fix bail, or, where the defendant is charged 35 with a qualifying offense [which is a felony], the court may commit the 36 principal to the custody of the sheriff. The court shall explain its 37 choice of release, release with conditions, bail or remand on the record 38 or in writing. A principal stands charged with a qualifying offense when 39 he or she stands charged with: 40 (i) a felony enumerated in section 70.02 of the penal law[, other than41robbery in the second degree as defined in subdivision one of section42160.10 of the penal law, provided, however, that burglary in the second43degree as defined in subdivision two of section 140.25 of the penal law44shall be a qualifying offense only where the defendant is charged with45entering the living area of the dwelling]; 46 (iv) a class A felony defined in the penal law[, provided, that for47class A felonies under article two hundred twenty of such law, only48class A-I felonies shall be a qualifying offense]; 49 (vii) money laundering in support of terrorism in the first degree as 50 defined in section 470.24 of the penal law; money laundering in support 51 of terrorism in the second degree as defined in section 470.23 of the 52 penal law; money laundering in support of terrorism in the third degree 53 as defined in section 470.22 of the penal law; money laundering in 54 support of terrorism in the fourth degree as defined in section 470.21 55 of the penal law; or a [felony crime of terrorism as defined in article56four hundred ninety of the penal law, other than the crime defined inS. 2027 4 1section 490.20 of such law] misdemeanor or felony crime defined in arti- 2 cle four hundred ninety of the penal law; 3 (ix) [facilitating a sexual performance by a child with a controlled4substance or alcohol as defined in section 263.30 of the penal law, use5of a child in a sexual performance as defined in section 263.05 of the6penal law] a misdemeanor or felony defined in article two hundred 7 sixty-three of the penal law or luring a child as defined in subdivision 8 one of section 120.70 of the penal law, promoting an obscene sexual 9 performance by a child as defined in section 263.10 of the penal law or 10 promoting a sexual performance by a child as defined in section 263.15 11 of the penal law; 12 (xix) a felony, where the defendant qualifies for sentencing on such 13 charge as a persistent felony offender pursuant to section 70.10 of the 14 penal law; [or] 15 (xx) any felony or class A misdemeanor involving harm to an identifi- 16 able person or property, where such charge arose from conduct occurring 17 while the defendant was released on his or her own recognizance or 18 released under conditions for a separate felony or class A misdemeanor 19 involving harm to an identifiable person or property, provided, however, 20 that the prosecutor must show reasonable cause to believe that the 21 defendant committed the instant crime and any underlying crime. For the 22 purposes of this subparagraph, any of the underlying crimes need not be 23 a qualifying offense as defined in this subdivision[.]; 24 (xxi) a felony enumerated in article two hundred twenty of the penal 25 law; 26 (xxii) a hate crime defined in article four hundred eighty-five of the 27 penal law; 28 (xxiii) manslaughter in the second degree as defined in section 125.15 29 of the penal law; 30 (xxiv) criminally negligent homicide as defined in section 125.10 of 31 the penal law; 32 (xxv) reckless assault of a child as defined in section 120.02 of the 33 penal law, reckless assault of a child by a child day care provider as 34 defined in section 120.01 of the penal law; 35 (xxvi) burglary in the third degree as defined in section 140.20 of 36 the penal law and robbery in the third degree as defined in section 37 160.05 of the penal law; 38 (xxvii) stalking in the second degree as defined in section 120.55 of 39 the penal law, stalking in the third degree as defined in section 120.50 40 of the penal law or stalking in the fourth degree as defined in section 41 120.45 of the penal law; 42 (xxviii) aggravated vehicular manslaughter as defined in section 43 125.14 of the penal law; 44 (xxix) vehicular manslaughter in the first degree as defined in 45 section 125.13 of the penal law or vehicular manslaughter in the second 46 degree as defined in section 125.12 of the penal law; 47 (xxx) menacing in the first degree as defined in section 120.13 of the 48 penal law, menacing in the second degree as defined in section 120.14 of 49 the penal law or menacing in the third degree as defined in section 50 120.15 of the penal law; 51 (xxxi) coercion in the first degree as defined in section 135.65 of 52 the penal law; 53 (xxxii) arson in the fourth degree as defined in section 150.05 of the 54 penal law; 55 (xxxiii) criminal possession of a firearm as defined in section 56 265.01-b of the penal law;S. 2027 5 1 (xxxiv) patronizing a person for prostitution in a school zone as 2 defined in section 230.08 of the penal law; 3 (xxxv) aggravated harassment in the first degree as defined in section 4 240.31 of the penal law; or 5 (xxxvi) aggravated cruelty to animals as defined in section three 6 hundred fifty-three-a of the agriculture and markets law, overriding, 7 torturing and injuring animals; failure to provide proper sustenance as 8 defined in section three hundred fifty-three of the agriculture and 9 markets law, or animal fighting as defined in section three hundred 10 fifty-one of the agriculture and markets law. 11 § 3. The opening paragraph and paragraphs (a), (d), (g), (i), (s) and 12 (t) of subdivision 4 of section 530.40 of the criminal procedure law, 13 the opening paragraph and paragraphs (a), (d), (g) and (i) as amended 14 and paragraphs (s) and (t) as added by section 4 of part UU of chapter 15 56 of the laws of 2020, are amended and sixteen new paragraphs (u), (v), 16 (w), (x), (y), (z), (aa), (bb), (cc), (dd), (ee), (ff), (gg), (hh), (ii) 17 and (jj) are added to read as follows: 18 Where the principal stands charged with a qualifying offense, the 19 court, unless otherwise prohibited by law, may in its discretion release 20 the principal pending trial on the principal's own recognizance or under 21 non-monetary conditions, fix bail, or, where the defendant is charged 22 with a qualifying offense [which is a felony], the court may commit the 23 principal to the custody of the sheriff. The court shall explain its 24 choice of release, release with conditions, bail or remand on the record 25 or in writing. A principal stands charged with a qualifying offense for 26 the purposes of this subdivision when he or she stands charged with: 27 (a) a felony enumerated in section 70.02 of the penal law[, other than28robbery in the second degree as defined in subdivision one of section29160.10 of the penal law, provided, however, that burglary in the second30degree as defined in subdivision two of section 140.25 of the penal law31shall be a qualifying offense only where the defendant is charged with32entering the living area of the dwelling]; 33 (d) a class A felony defined in the penal law[, provided that for34class A felonies under article two hundred twenty of such law, only35class A-I felonies shall be a qualifying offense]; 36 (g) money laundering in support of terrorism in the first degree as 37 defined in section 470.24 of the penal law; money laundering in support 38 of terrorism in the second degree as defined in section 470.23 of the 39 penal law; money laundering in support of terrorism in the third degree 40 as defined in section 470.22 of the penal law; money laundering in 41 support of terrorism in the fourth degree as defined in section 470.21 42 of the penal law; or a [felony crime of terrorism as defined in article43four hundred ninety of the penal law, other than the crime defined in44section 490.20 of such law] misdemeanor or felony crime defined in arti- 45 cle four hundred ninety of the penal law; 46 (i) [facilitating a sexual performance by a child with a controlled47substance or alcohol as defined in section 263.30 of the penal law, use48of a child in a sexual performance as defined in section 263.05 of the49penal law] misdemeanor or felony defined in article two hundred sixty- 50 three of the penal law or luring a child as defined in subdivision one 51 of section 120.70 of the penal law, promoting an obscene sexual perform- 52 ance by a child as defined in section 263.10 of the penal law or promot- 53 ing a sexual performance by a child as defined in section 263.15 of the 54 penal law;S. 2027 6 1 (s) a felony, where the defendant qualifies for sentencing on such 2 charge as a persistent felony offender pursuant to section 70.10 of the 3 penal law; [or] 4 (t) any felony or class A misdemeanor involving harm to an identifi- 5 able person or property, where such charge arose from conduct occurring 6 while the defendant was released on his or her own recognizance or 7 released under conditions for a separate felony or class A misdemeanor 8 involving harm to an identifiable person or property, provided, however, 9 that the prosecutor must show reasonable cause to believe that the 10 defendant committed the instant crime and any underlying crime. For the 11 purposes of this subparagraph, any of the underlying crimes need not be 12 a qualifying offense as defined in this subdivision[.]; 13 (u) a felony enumerated in article two hundred twenty of the penal 14 law; 15 (v) a hate crime defined in article four hundred eighty-five of the 16 penal law; 17 (w) manslaughter in the second degree as defined in section 125.15 of 18 the penal law; 19 (x) criminally negligent homicide as defined in section 125.10 of the 20 penal law; 21 (y) reckless assault of a child as defined in section 120.02 of the 22 penal law, reckless assault of a child by a child day care provider as 23 defined in section 120.01 of the penal law; 24 (z) burglary in the third degree as defined in section 140.20 of the 25 penal law and robbery in the third degree as defined in section 160.05 26 of the penal law; 27 (aa) stalking in the second degree as defined in section 120.55 of the 28 penal law, stalking in the third degree as defined in section 120.50 of 29 the penal law or stalking in the fourth degree as defined in section 30 120.45 of the penal law; 31 (bb) aggravated vehicular manslaughter as defined in section 125.14 of 32 the penal law; 33 (cc) vehicular manslaughter in the first degree as defined in section 34 125.13 of the penal law or vehicular manslaughter in the second degree 35 as defined in section 125.12 of the penal law; 36 (dd) menacing in the first degree as defined in section 120.13 of the 37 penal law, menacing in the second degree as defined in section 120.14 of 38 the penal law or menacing in the third degree as defined in section 39 120.15 of the penal law; 40 (ee) coercion in the first degree as defined in section 135.65 of the 41 penal law; 42 (ff) arson in the fourth degree as defined in section 150.05 of the 43 penal law; 44 (gg) criminal possession of a firearm as defined in section 265.01-b 45 of the penal law; 46 (hh) patronizing a person for prostitution in a school zone as defined 47 in section 230.08 of the penal law; 48 (ii) aggravated harassment in the first degree as defined in section 49 240.31 of the penal law; or 50 (jj) aggravated cruelty to animals as defined in section three hundred 51 fifty-three-a of the agriculture and markets law, overriding, torturing 52 and injuring animals; failure to provide proper sustenance as defined in 53 section three hundred fifty-three of the agriculture and markets law, or 54 animal fighting as defined in section three hundred fifty-one of the 55 agriculture and markets law. 56 § 4. This act shall take effect immediately.
