Bill Text: NY S06407 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to qualifying offenses for pre-trial detention.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2019-06-12 - PRINT NUMBER 6407A [S06407 Detail]

Download: New_York-2019-S06407-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6407--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 7, 2019
                                       ___________

        Introduced  by  Sens. GAUGHRAN, MARTINEZ, BROOKS, KAPLAN, THOMAS, SAVINO
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Rules -- committee discharged, bill amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT  to  amend the criminal procedure law, in relation to qualifying
          offenses for pre-trial detention

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs (a), (d), (e), (f), (g), (h) and (i) of subdivi-
     2  sion  4  of  section  510.10  of the criminal procedure law, as added by
     3  section 2 of part JJJ of chapter 59 of the laws of 2019, are amended and
     4  six new paragraphs (d-1), (j), (k), (l), (m) and (n) are added  to  read
     5  as follows:
     6    (a) a felony enumerated in section 70.02 of the penal law, [other than
     7  burglary  in  the second degree as defined in subdivision two of section
     8  140.25 of the penal law or robbery in the second degree  as  defined  in
     9  subdivision one of section 160.10 of the penal law] assault in the third
    10  degree as defined in section 120.00 of the penal law, aggravated vehicu-
    11  lar  assault as defined in section 120.04-a of the penal law, aggravated
    12  assault upon a person less than eleven years old as defined  in  section
    13  120.12  of  the  penal  law, criminally negligent homicide as defined in
    14  section 125.10 of  the  penal  law,  aggravated  vehicular  homicide  as
    15  defined  in  section 125.14 of the penal law, manslaughter in the second
    16  degree as defined in section 125.15 of the penal law; unlawful imprison-
    17  ment in the first degree as defined in section 135.10 of the penal  law,
    18  coercion  in  the first degree as defined in section 135.65 of the penal
    19  law, arson in the fourth degree as defined  in  section  150.05  of  the
    20  penal law, arson in the third degree as defined in section 150.10, grand
    21  larceny  in  the  first degree as defined in section 155.42 of the penal
    22  law, criminal possession of a weapon on school  grounds  as  defined  in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13220-06-9

        S. 6407--A                          2

     1  section  265.01-a  of the penal law, or criminal possession of a firearm
     2  as defined in section 265.01-b of the penal law;
     3    (d)  a  class A felony defined in the penal law, other than in article
     4  two hundred twenty of such law with the exception of [section]  sections
     5  220.18, 220.21, 220.41, 220.43, 220.44 and 220.77 of such law;
     6    (d-1)  use  of  a  child  to  commit a controlled substance offense as
     7  defined in section 220.28 of the  penal  law  and  criminal  sale  of  a
     8  controlled  substance  to  a  child  as defined in section 220.48 of the
     9  penal law;
    10    (e) a felony sex offense defined in section 70.80 of the penal law  or
    11  a  crime involving incest as defined in section 255.25, 255.26 or 255.27
    12  of such law, promoting prostitution in the first degree  as  defined  in
    13  section  230.32  of the penal law, compelling prostitution as defined in
    14  section 230.33 of the penal law or a misdemeanor defined in article  one
    15  hundred thirty of such law;
    16    (f)  conspiracy  in  the second degree as defined in section 105.15 of
    17  the penal law, where the underlying allegation of such  charge  is  that
    18  the  defendant  conspired  to commit a class A felony defined in article
    19  one hundred twenty-five of the penal law, criminal solicitation  in  the
    20  first  degree  as defined in section 100.13 of the penal law or criminal
    21  facilitation in the first degree as defined in  section  115.08  of  the
    22  penal law;
    23    (g)  money  laundering  in support of terrorism in the first degree as
    24  defined in section 470.24 of the penal law; money laundering in  support
    25  of  terrorism  in  the second degree as defined in section 470.23 of the
    26  penal law; money laundering in support of terrorism in the fourth degree
    27  as defined in section 470.21 of  the  penal  law,  money  laundering  in
    28  support of terrorism in the third degree as defined in section 470.22 of
    29  the penal law, or a felony crime of terrorism as defined in article four
    30  hundred  ninety  of  the  penal  law[,  other  than the crime defined in
    31  section 490.20 of such law];
    32    (h) criminal contempt in the second degree as defined  in  subdivision
    33  three of section 215.50 of the penal law, criminal contempt in the first
    34  degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
    35  the penal law or aggravated criminal  contempt  as  defined  in  section
    36  215.52 of the penal law, and the underlying allegation of such charge of
    37  criminal  contempt  in the second degree, criminal contempt in the first
    38  degree or aggravated criminal contempt is that the defendant violated  a
    39  duly served order of protection where the protected party is a member of
    40  the  defendant's  same family or household as defined in subdivision one
    41  of section 530.11 of this article; [or]
    42    (i) promoting prostitution in a school  zone  as  defined  in  section
    43  230.19  of  the  penal law, facilitating a sexual performance by a child
    44  with a controlled substance or alcohol as defined in section  263.30  of
    45  the  penal  law,  use  of  a child in a sexual performance as defined in
    46  section 263.05 of the penal law, patronizing a person  for  prostitution
    47  in  a school zone as defined in section 230.08 of the penal law, promot-
    48  ing an obscene sexual performance by  a  child  as  defined  in  section
    49  263.10  of  the penal law, possessing an obscene sexual performance by a
    50  child as defined in section 263.11 of the penal law, promoting a  sexual
    51  performance  by  a  child as defined in section 263.15 of the penal law,
    52  failure to register as a sex offender as defined in section 168-t of the
    53  correction law or luring a  child  as  defined  in  subdivision  one  of
    54  section 120.70 of the penal law[.];
    55    (j)  obstructing  governmental  administration in the second degree as
    56  defined in section 195.05 of the  penal  law,  obstructing  governmental

        S. 6407--A                          3

     1  administration  in  the  first  degree  as  defined  in  section 195.07,
     2  obstructing governmental administration by means of a self-defense spray
     3  device as defined in section 195.08, bribery  in  the  first  degree  as
     4  defined in section 200.04 of the penal law, bribe receiving in the first
     5  degree  as  defined in section 200.12 of the penal law, bribe giving for
     6  public office as defined in section 200.45 of the penal  law,  promoting
     7  prison  contraband  in the second degree as defined in section 205.20 of
     8  the penal law, promoting  prison  contraband  in  the  first  degree  as
     9  defined  in section 205.25 of the penal law, resisting arrest as defined
    10  in section 205.30 of the penal law, hindering prosecution in  the  first
    11  degree  as  defined in section 205.65 of the penal law, tampering with a
    12  juror in the first degree as defined in section 215.25 of the penal  law
    13  or  tampering with physical evidence as defined in section 215.40 of the
    14  penal law;
    15    (k) public sensibilities and the right to privacy including aggravated
    16  harassment in the first degree as defined in section 240.31 of the penal
    17  law or directing a laser at an aircraft in the first degree  as  defined
    18  in section 240.77 of the penal law;
    19    (l) criminal possession of a weapon in the fourth degree as defined in
    20  section 265.01 of the penal law or criminal sale of a firearm to a minor
    21  as defined in section 265.16 of the penal law;
    22    (m)  enterprise  corruption  as defined in section 460.20 of the penal
    23  law or money laundering in the first degree as defined in section 470.20
    24  of the penal law; or
    25    (n) aggravated cruelty to animals as defined in section three  hundred
    26  fifty-three-a of the agriculture and markets law, overdriving, torturing
    27  and injuring animals; failure to provide proper sustenance as defined in
    28  section three hundred fifty-three of the agriculture and markets law, or
    29  animal  fighting  as  defined  in section three hundred fifty-one of the
    30  agriculture and markets law.
    31    § 2. This act shall take effect on the  same  date  and  in  the  same
    32  manner as section 2 of part JJJ of chapter 59 of the laws of 2019, takes
    33  effect.
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