Bill Text: NY S06929 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to securing orders for principals charged with certain qualifying offenses; includes certain sex offenses as qualifying offenses for which the court has discretion to release the principal pending trial on the principal's own recognizance or under non-monetary conditions, fix bail, or commit the principal to the custody of the sheriff.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S06929 Detail]

Download: New_York-2019-S06929-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6929

                               2019-2020 Regular Sessions

                    IN SENATE

                                    December 27, 2019
                                       ___________

        Introduced  by Sen. KAMINSKY -- 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  securing
          orders for principals charged with certain qualifying offenses

          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 to read as follows:
     4    (h) criminal contempt in the second degree as defined  in  subdivision
     5  three of section 215.50 of the penal law, criminal contempt in the first
     6  degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
     7  the penal law or aggravated criminal  contempt  as  defined  in  section
     8  215.52 of the penal law, and the underlying allegation of such charge of
     9  criminal  contempt  in the second degree, criminal contempt in the first
    10  degree or aggravated criminal contempt is that the defendant violated  a
    11  duly served order of protection where the protected party is a member of
    12  the  defendant's  same family or household as defined in subdivision one
    13  of section 530.11 of this [article] title; [or]
    14    (i) facilitating a sexual performance by a  child  with  a  controlled
    15  substance  or alcohol as defined in section 263.30 of the penal law, use
    16  of a child in a sexual performance as defined in section 263.05  of  the
    17  penal  law  or  luring  a child as defined in subdivision one of section
    18  120.70 of the penal law; or
    19    (j) any of the following offenses where the defendant is  required  to
    20  maintain  registration  under  article  six-C  of the correction law and
    21  designated a level two or level three offender pursuant  to  subdivision
    22  six  of  section one hundred sixty-eight-l of the correction law: endan-
    23  gering the welfare of a child as defined in section 260.10 of the  penal
    24  law;  public  lewdness  as  defined  in section 245.00 of the penal law;
    25  exposure of a person as defined in section  245.01  of  the  penal  law;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14395-01-9
        S. 6929                             2

     1  public  lewdness in the first degree as defined in section 245.03 of the
     2  penal law.
     3    §  2.  Subparagraphs (viii) and (ix) of paragraph (b) of subdivision 1
     4  of section 530.20 of the criminal procedure law, as added by section  16
     5  of  part  JJJ  of chapter 59 of the laws of 2019, are amended to read as
     6  follows:
     7    (viii) criminal contempt in the second degree as defined  in  subdivi-
     8  sion  three of section 215.50 of the penal law, criminal contempt in the
     9  first degree as defined in subdivision (b), (c) or (d) of section 215.51
    10  of the penal law or aggravated criminal contempt as defined  in  section
    11  215.52 of the penal law, and the underlying allegation of such charge of
    12  criminal  contempt  in the second degree, criminal contempt in the first
    13  degree or aggravated criminal contempt is that the defendant violated  a
    14  duly served order of protection where the protected party is a member of
    15  the  defendant's  same family or household as defined in subdivision one
    16  of section 530.11 of this article; [or]
    17    (ix) facilitating a sexual performance by a child  with  a  controlled
    18  substance  or alcohol as defined in section 263.30 of the penal law, use
    19  of a child in a sexual performance as defined in section 263.05  of  the
    20  penal  law  or  luring  a child as defined in subdivision one of section
    21  120.70 of the penal law; or
    22    (x) any of the following offenses where the defendant is  required  to
    23  maintain  registration  under  article  six-C  of the correction law and
    24  designated a level two or level three offender pursuant  to  subdivision
    25  six  of section one hundred sixty-eight-l of the correction law:  endan-
    26  gering the welfare of a child as defined in section 260.10 of the  penal
    27  law;  public  lewdness  as  defined  in section 245.00 of the penal law;
    28  exposure of a person as defined in section  245.01  of  the  penal  law;
    29  public  lewdness in the first degree as defined in section 245.03 of the
    30  penal law.
    31    § 3. Paragraphs (h) and (i) of subdivision 4 of section 530.40 of  the
    32  criminal procedure law, as added by section 18 of part JJJ of chapter 59
    33  of the laws of 2019, are amended to read as follows:
    34    (h)  criminal  contempt in the second degree as defined in subdivision
    35  three of section 215.50 of the penal law, criminal contempt in the first
    36  degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
    37  the  penal  law  or  aggravated  criminal contempt as defined in section
    38  215.52 of the penal law, and the underlying allegation of such charge of
    39  criminal contempt in the second degree, criminal contempt in  the  first
    40  degree  or aggravated criminal contempt is that the defendant violated a
    41  duly served order of protection where the protected party is a member of
    42  the defendant's same family or household as defined in  subdivision  one
    43  of section 530.11 of this article; [or]
    44    (i)  facilitating  a  sexual  performance by a child with a controlled
    45  substance or alcohol as defined in section 263.30 of the penal law,  use
    46  of  a  child in a sexual performance as defined in section 263.05 of the
    47  penal law or luring a child as defined in  subdivision  one  of  section
    48  120.70 of the penal law; or
    49    (j)  any  of the following offenses where the defendant is required to
    50  maintain registration under article six-C  of  the  correction  law  and
    51  designated  a  level two or level three offender pursuant to subdivision
    52  six of section one hundred sixty-eight-l of the correction  law:  endan-
    53  gering  the welfare of a child as defined in section 260.10 of the penal
    54  law; public lewdness as defined in section  245.00  of  the  penal  law;
    55  exposure  of  a  person  as  defined in section 245.01 of the penal law;
        S. 6929                             3

     1  public lewdness in the first degree as defined in section 245.03 of  the
     2  penal law.
     3    §  4.  This  act  shall  take  effect on the same date and in the same
     4  manner as part JJJ of chapter 59 of the laws of 2019 takes effect.