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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2020-01-10 - PRINT NUMBER 6407C [S06407 Detail]

Download: New_York-2019-S06407-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6407

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 7, 2019
                                       ___________

        Introduced  by  Sens. GAUGHRAN, MARTINEZ, BROOKS, KAPLAN, THOMAS -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Rules

        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
    23  section  265.01-a  of the penal law, or criminal possession of a firearm
    24  as defined in section 265.01-b of the penal law;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13220-05-9
        S. 6407                             2

     1    (d) a class A felony defined in the penal law, other than  in  article
     2  two  hundred twenty of such law with the exception of [section] sections
     3  220.18, 220.21, 220.41, 220.43, 220.44 and 220.77 of such law;
     4    (d-1)  certain  controlled substance offenses including use of a child
     5  to commit a controlled substance offense as defined in section 220.28 of
     6  the penal law and criminal sale of a controlled substance to a child  as
     7  defined in section 220.48 of the penal law;
     8    (e)  a felony sex offense defined in section 70.80 of the penal law or
     9  a crime involving incest as defined in section 255.25, 255.26 or  255.27
    10  of  such  law,  promoting prostitution in the first degree as defined in
    11  section 230.32 of the penal law, compelling prostitution as  defined  in
    12  section  230.33 of the penal law or a misdemeanor defined in article one
    13  hundred thirty of such law;
    14    (f) conspiracy in the second degree as defined in  section  105.15  of
    15  the  penal  law,  where the underlying allegation of such charge is that
    16  the defendant conspired to commit a class A felony  defined  in  article
    17  one  hundred  twenty-five of the penal law, criminal solicitation in the
    18  first degree as defined in section 100.13 of the penal law  or  criminal
    19  facilitation  in  the  first  degree as defined in section 115.08 of the
    20  penal law;
    21    (g) money laundering in support of terrorism in the  first  degree  as
    22  defined  in section 470.24 of the penal law; money laundering in support
    23  of terrorism in the second degree as defined in section  470.23  of  the
    24  penal law; money laundering in support of terrorism in the fourth degree
    25  as  defined  in  section  470.21  of  the penal law, money laundering in
    26  support of terrorism in the third degree as defined in section 470.22 of
    27  the penal law, or a felony crime of terrorism as defined in article four
    28  hundred ninety of the penal  law[,  other  than  the  crime  defined  in
    29  section 490.20 of such law];
    30    (h)  criminal  contempt in the second degree as defined in subdivision
    31  three of section 215.50 of the penal law, criminal contempt in the first
    32  degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
    33  the  penal  law  or  aggravated  criminal contempt as defined in section
    34  215.52 of the penal law, and the underlying allegation of such charge of
    35  criminal contempt in the second degree, criminal contempt in  the  first
    36  degree  or aggravated criminal contempt is that the defendant violated a
    37  duly served order of protection where the protected party is a member of
    38  the defendant's same family or household as defined in  subdivision  one
    39  of section 530.11 of this article; [or]
    40    (i)  promoting  prostitution  in  a  school zone as defined in section
    41  230.19 of the penal law, facilitating a sexual performance  by  a  child
    42  with  a  controlled substance or alcohol as defined in section 263.30 of
    43  the penal law, use of a child in a  sexual  performance  as  defined  in
    44  section  263.05  of the penal law, patronizing a person for prostitution
    45  in a school zone as defined in section 230.08 of the penal law,  promot-
    46  ing  an  obscene  sexual  performance  by  a child as defined in section
    47  263.10 of the penal law, possessing an obscene sexual performance  by  a
    48  child  as defined in section 263.11 of the penal law, promoting a sexual
    49  performance by a child as defined in section 263.15 of  the  penal  law,
    50  failure to register as a sex offender as defined in section 168-t of the
    51  correction  law  or  luring  a  child  as  defined in subdivision one of
    52  section 120.70 of the penal law[.];
    53    (j) certain offenses against public administration including obstruct-
    54  ing governmental administration in  the  second  degree  as  defined  in
    55  section 195.05 of the penal law, obstructing governmental administration
    56  in  the  first  degree as defined in section 195.07, obstructing govern-
        S. 6407                             3

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