Bill Text: NY S05569 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to adding additional qualifying offenses for which an individual may be held in custody pending trial; adds overdriving, torturing and injuring animals, failure to provide proper sustenance to animals, aggravated cruelty to animals, and animal fighting.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S05569 Detail]

Download: New_York-2019-S05569-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5569
                               2019-2020 Regular Sessions
                    IN SENATE
                                       May 7, 2019
                                       ___________
        Introduced  by Sen. MARTINEZ -- 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  addi-
          tional  qualifying  offenses  for  which  an individual may be held in
          custody pending trial
          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 and a new paragraph (j) is
     4  added to read as follows:
     5    (h) criminal contempt in the second degree as defined  in  subdivision
     6  three of section 215.50 of the penal law, criminal contempt in the first
     7  degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
     8  the penal law or aggravated criminal  contempt  as  defined  in  section
     9  215.52 of the penal law, and the underlying allegation of such charge of
    10  criminal  contempt  in the second degree, criminal contempt in the first
    11  degree or aggravated criminal contempt is that the defendant violated  a
    12  duly served order of protection where the protected party is a member of
    13  the  defendant's  same family or household as defined in subdivision one
    14  of section 530.11 of this article; [or]
    15    (i) facilitating a sexual performance by a  child  with  a  controlled
    16  substance  or alcohol as defined in section 263.30 of the penal law, use
    17  of a child in a sexual performance as defined in section 263.05  of  the
    18  penal  law  or  luring  a child as defined in subdivision one of section
    19  120.70 of the penal law[.]; or
    20    (j) overdriving, torturing and injuring animals and failure to provide
    21  proper sustenance as defined in section three hundred fifty-three of the
    22  agriculture and markets law, aggravated cruelty to animals as defined in
    23  section three hundred fifty-three-a of the agriculture and  markets  law
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11220-01-9

        S. 5569                             2
     1  or  animal fighting as defined in section three hundred fifty-one of the
     2  agriculture and markets law.
     3    §  2.  This  act  shall  take  effect on the same date and in the same
     4  manner as section two of part JJJ of chapter 59 of the laws of 2019,  as
     5  amended.
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