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

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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6407--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 7, 2019
                                       ___________

        Introduced  by  Sens. GAUGHRAN, MARTINEZ, BROOKS, KAPLAN, THOMAS, HARCK-
          HAM, 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  commit-
          tee  --  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, stalking in the fourth  degree  as  defined  in
    14  section 120.45 of the penal law, stalking in the third degree as defined
    15  in  section  120.50  of  the penal law, stalking in the second degree as
    16  defined in section 120.55 of the penal law, stalking in the first degree
    17  as defined in section 120.60 of  the  penal  law,  criminally  negligent
    18  homicide  as  defined  in  section  125.10  of the penal law, aggravated
    19  vehicular homicide as defined  in  section  125.14  of  the  penal  law,
    20  manslaughter  in  the  second degree as defined in section 125.15 of the
    21  penal law; unlawful imprisonment in  the  first  degree  as  defined  in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13220-10-9
        S. 6407--B                          2

     1  section 135.10 of the penal law, coercion in the first degree as defined
     2  in  section  135.65  of  the  penal  law,  arson in the fourth degree as
     3  defined in section 150.05 of the penal law, arson in the third degree as
     4  defined  in section 150.10, grand larceny in the first degree as defined
     5  in section 155.42 of the penal law, criminal possession of a  weapon  on
     6  school grounds as defined in section 265.01-a of the penal law, or crim-
     7  inal possession of a firearm as defined in section 265.01-b of the penal
     8  law;
     9    (d)  a  class A felony defined in the penal law, other than in article
    10  two hundred twenty of such law with the exception of [section]  sections
    11  220.18, 220.21, 220.41, 220.43, 220.44 and 220.77 of such law;
    12    (d-1)  use  of  a  child  to  commit a controlled substance offense as
    13  defined in section 220.28 of the  penal  law  and  criminal  sale  of  a
    14  controlled  substance  to  a  child  as defined in section 220.48 of the
    15  penal law;
    16    (e) a felony sex offense defined in section 70.80 of the penal law  or
    17  a  crime involving incest as defined in section 255.25, 255.26 or 255.27
    18  of such law, promoting prostitution in the first degree  as  defined  in
    19  section  230.32  of the penal law, compelling prostitution as defined in
    20  section 230.33 of the penal law or a misdemeanor defined in article  one
    21  hundred thirty of such law;
    22    (f)  conspiracy  in  the second degree as defined in section 105.15 of
    23  the penal law, where the underlying allegation of such  charge  is  that
    24  the  defendant  conspired  to commit a class A felony defined in article
    25  one hundred twenty-five of the penal law, criminal solicitation  in  the
    26  first  degree  as defined in section 100.13 of the penal law or criminal
    27  facilitation in the first degree as defined in  section  115.08  of  the
    28  penal law;
    29    (g)  money  laundering  in support of terrorism in the first degree as
    30  defined in section 470.24 of the penal law; money laundering in  support
    31  of  terrorism  in  the second degree as defined in section 470.23 of the
    32  penal law; money laundering in support of terrorism in the fourth degree
    33  as defined in section 470.21 of  the  penal  law,  money  laundering  in
    34  support of terrorism in the third degree as defined in section 470.22 of
    35  the penal law, or a felony crime of terrorism as defined in article four
    36  hundred  ninety  of  the  penal  law[,  other  than the crime defined in
    37  section 490.20 of such law];
    38    (h) criminal contempt in the second degree as defined  in  subdivision
    39  three of section 215.50 of the penal law, criminal contempt in the first
    40  degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
    41  the penal law or aggravated criminal  contempt  as  defined  in  section
    42  215.52 of the penal law, and the underlying allegation of such charge of
    43  criminal  contempt  in the second degree, criminal contempt in the first
    44  degree or aggravated criminal contempt is that the defendant violated  a
    45  duly served order of protection where the protected party is a member of
    46  the  defendant's  same family or household as defined in subdivision one
    47  of section 530.11 of this article; [or]
    48    (i) promoting prostitution in a school  zone  as  defined  in  section
    49  230.19  of  the  penal law, facilitating a sexual performance by a child
    50  with a controlled substance or alcohol as defined in section  263.30  of
    51  the  penal  law,  use  of  a child in a sexual performance as defined in
    52  section 263.05 of the penal law, patronizing a person  for  prostitution
    53  in  a school zone as defined in section 230.08 of the penal law, promot-
    54  ing an obscene sexual performance by  a  child  as  defined  in  section
    55  263.10  of  the penal law, possessing an obscene sexual performance by a
    56  child as defined in section 263.11 of the penal law, promoting a  sexual
        S. 6407--B                          3

     1  performance  by  a  child as defined in section 263.15 of the penal law,
     2  failure to register as a sex offender as defined in section 168-t of the
     3  correction law or luring a  child  as  defined  in  subdivision  one  of
     4  section 120.70 of the penal law[.];
     5    (j)  obstructing  governmental  administration in the second degree as
     6  defined in section 195.05 of the  penal  law,  obstructing  governmental
     7  administration  in  the  first  degree  as  defined  in  section 195.07,
     8  obstructing governmental administration by means of a self-defense spray
     9  device as defined in section 195.08, bribery  in  the  first  degree  as
    10  defined in section 200.04 of the penal law, bribe receiving in the first
    11  degree  as  defined in section 200.12 of the penal law, bribe giving for
    12  public office as defined in section 200.45 of the penal  law,  promoting
    13  prison  contraband  in the second degree as defined in section 205.20 of
    14  the penal law, promoting  prison  contraband  in  the  first  degree  as
    15  defined  in section 205.25 of the penal law, resisting arrest as defined
    16  in section 205.30 of the penal law, hindering prosecution in  the  first
    17  degree  as  defined in section 205.65 of the penal law, tampering with a
    18  juror in the first degree as defined in section 215.25 of the penal  law
    19  or  tampering with physical evidence as defined in section 215.40 of the
    20  penal law;
    21    (k) public sensibilities and the right to privacy including aggravated
    22  harassment in the first degree as defined in section 240.31 of the penal
    23  law or directing a laser at an aircraft in the first degree  as  defined
    24  in section 240.77 of the penal law;
    25    (l) criminal possession of a weapon in the fourth degree as defined in
    26  section 265.01 of the penal law or criminal sale of a firearm to a minor
    27  as defined in section 265.16 of the penal law;
    28    (m)  enterprise  corruption  as defined in section 460.20 of the penal
    29  law or money laundering in the first degree as defined in section 470.20
    30  of the penal law; or
    31    (n) aggravated cruelty to animals as defined in section three  hundred
    32  fifty-three-a of the agriculture and markets law, overdriving, torturing
    33  and injuring animals; failure to provide proper sustenance as defined in
    34  section three hundred fifty-three of the agriculture and markets law, or
    35  animal  fighting  as  defined  in section three hundred fifty-one of the
    36  agriculture and markets law.
    37    § 2. This act shall take effect on the  same  date  and  in  the  same
    38  manner as section 2 of part JJJ of chapter 59 of the laws of 2019, takes
    39  effect.