STATE OF NEW YORK
________________________________________________________________________
4484
2023-2024 Regular Sessions
IN SENATE
February 9, 2023
___________
Introduced by Sens. GALLIVAN, BORRELLO, HELMING, O'MARA, ORTT, STEC,
TEDISCO -- 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
certain offenses committed by a family member to the list of crimes
qualifying for bail
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph and paragraphs (t) and (u) of subdi-
2 vision 4 of section 510.10 of the criminal procedure law, the opening
3 paragraph as amended by section 2 of part UU of chapter 56 of the laws
4 of 2020, paragraph (t) as amended and paragraph (u) as added by section
5 2 of subpart B of part UU of chapter 56 of the laws of 2022, are amended
6 and a new paragraph (v) is added to read as follows:
7 Where the principal stands charged with a qualifying offense, the
8 court, unless otherwise prohibited by law, may in its discretion release
9 the principal pending trial on the principal's own recognizance or under
10 non-monetary conditions, fix bail, or, where the defendant is charged
11 with a qualifying offense [which is a felony], the court may commit the
12 principal to the custody of the sheriff. A principal stands charged with
13 a qualifying offense for the purposes of this subdivision when he or she
14 stands charged with:
15 (t) any felony or class A misdemeanor involving harm to an identifi-
16 able person or property, or any charge of criminal possession of a
17 firearm as defined in section 265.01-b of the penal law, where such
18 charge arose from conduct occurring while the defendant was released on
19 his or her own recognizance, released under conditions, or had yet to be
20 arraigned after the issuance of a desk appearance ticket for a separate
21 felony or class A misdemeanor involving harm to an identifiable person
22 or property, or any charge of criminal possession of a firearm as
23 defined in section 265.01-b of the penal law, provided, however, that
24 the prosecutor must show reasonable cause to believe that the defendant
25 committed the instant crime and any underlying crime. For the purposes
26 of this subparagraph, any of the underlying crimes need not be a quali-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06340-01-3
S. 4484 2
1 fying offense as defined in this subdivision. For the purposes of this
2 paragraph, "harm to an identifiable person or property" shall include
3 but not be limited to theft of or damage to property. However, based
4 upon a review of the facts alleged in the accusatory instrument, if the
5 court determines that such theft is negligible and does not appear to be
6 in furtherance of other criminal activity, the principal shall be
7 released on his or her own recognizance or under appropriate non-mone-
8 tary conditions; [or]
9 (u) criminal possession of a weapon in the third degree as defined in
10 subdivision three of section 265.02 of the penal law or criminal sale of
11 a firearm to a minor as defined in section 265.16 of the penal law[.];
12 or
13 (v) any of the following aggravated family offenses as defined in
14 section 240.75 of the penal law where the principal and the person
15 against whom the offense was committed were members of the same family
16 or household as defined in subdivision one of section 530.11; an offense
17 defined in section 120.00 (assault in the third degree); section 120.13
18 (menacing in the first degree); section 120.14 (menacing in the second
19 degree); section 120.15 (menacing in the third degree); section 120.20
20 (reckless endangerment in the second degree); section 120.45 (stalking
21 in the fourth degree); section 120.50 (stalking in the third degree);
22 section 120.55 (stalking in the second degree); section 121.11 (criminal
23 obstruction of breathing or blood circulation); subdivision one of
24 section 125.15 (manslaughter in the second degree); section 135.05
25 (unlawful imprisonment in the second degree); section 135.10 (unlawful
26 imprisonment in the first degree); section 135.60 (coercion in the third
27 degree); section 135.61 (coercion in the second degree); section 135.65
28 (coercion in the first degree); section 140.20 (burglary in the third
29 degree); section 140.25 (burglary in the second degree); section 145.00
30 (criminal mischief in the fourth degree); section 145.05 (criminal
31 mischief in the third degree); section 145.10 (criminal mischief in the
32 second degree); section 145.12 (criminal mischief in the first degree);
33 section 145.14 (criminal tampering in the third degree); section 240.25
34 (harassment in the first degree); subdivision one, two or four of
35 section 240.30 (aggravated harassment in the second degree) of the penal
36 law; or any attempt or conspiracy to commit any of the foregoing
37 offenses.
38 § 2. The opening paragraph and subparagraphs (xx) and (xxi) of para-
39 graph (b) of subdivision 1 of section 530.20 of the criminal procedure
40 law, the opening paragraph as amended by section 3 of part UU of chapter
41 56 of the laws of 2020, paragraph (xx) as amended and paragraph (xxi) as
42 added by section 4 of subpart C of part UU of chapter 56 of the laws of
43 2022, are amended and a new subparagraph (xxii) is added to read as
44 follows:
45 Where the principal stands charged with a qualifying offense, the
46 court, unless otherwise prohibited by law, may in its discretion release
47 the principal pending trial on the principal's own recognizance or under
48 non-monetary conditions, fix bail, or, where the defendant is charged
49 with a qualifying offense [which is a felony], the court may commit the
50 principal to the custody of the sheriff. The court shall explain its
51 choice of release, release with conditions, bail or remand on the record
52 or in writing. A principal stands charged with a qualifying offense when
53 he or she stands charged with:
54 (xx) any felony or class A misdemeanor involving harm to an identifi-
55 able person or property, or any charge of criminal possession of a
56 firearm as defined in section 265.01-b of the penal law where such
S. 4484 3
1 charge arose from conduct occurring while the defendant was released on
2 his or her own recognizance, released under conditions, or had yet to be
3 arraigned after the issuance of a desk appearance ticket for a separate
4 felony or class A misdemeanor involving harm to an identifiable person
5 or property, provided, however, that the prosecutor must show reasonable
6 cause to believe that the defendant committed the instant crime and any
7 underlying crime. For the purposes of this subparagraph, any of the
8 underlying crimes need not be a qualifying offense as defined in this
9 subdivision. For the purposes of this paragraph, "harm to an identifi-
10 able person or property" shall include but not be limited to theft of or
11 damage to property. However, based upon a review of the facts alleged in
12 the accusatory instrument, if the court determines that such theft is
13 negligible and does not appear to be in furtherance of other criminal
14 activity, the principal shall be released on his or her own recognizance
15 or under appropriate non-monetary conditions; [or]
16 (xxi) criminal possession of a weapon in the third degree as defined
17 in subdivision three of section 265.02 of the penal law or criminal sale
18 of a firearm to a minor as defined in section 265.16 of the penal
19 law[.]; or
20 (xxi) any of the following aggravated family offenses as defined in
21 section 240.75 of the penal law where the principal and the person
22 against whom the offense was committed were members of the same family
23 or household as defined in subdivision one of section 530.11; an offense
24 defined in section 120.00 (assault in the third degree); section 120.13
25 (menacing in the first degree); section 120.14 (menacing in the second
26 degree); section 120.15 (menacing in the third degree); section 120.20
27 (reckless endangerment in the second degree); section 120.45 (stalking
28 in the fourth degree); section 120.50 (stalking in the third degree);
29 section 120.55 (stalking in the second degree); section 121.11 (criminal
30 obstruction of breathing or blood circulation); subdivision one of
31 section 125.15 (manslaughter in the second degree); section 135.05
32 (unlawful imprisonment in the second degree); section 135.10 (unlawful
33 imprisonment in the first degree); section 135.60 (coercion in the third
34 degree); section 135.61 (coercion in the second degree); section 135.65
35 (coercion in the first degree); section 140.20 (burglary in the third
36 degree); section 140.25 (burglary in the second degree); section 145.00
37 (criminal mischief in the fourth degree); section 145.05 (criminal
38 mischief in the third degree); section 145.10 (criminal mischief in the
39 second degree); section 145.12 (criminal mischief in the first degree);
40 section 145.14 (criminal tampering in the third degree); section 240.25
41 (harassment in the first degree); subdivision one, two or four of
42 section 240.30 (aggravated harassment in the second degree) of the penal
43 law; or any attempt or conspiracy to commit any of the foregoing
44 offenses.
45 § 3. The opening paragraph and paragraphs (t) and (u) of subdivision 4
46 of section 530.40 of the criminal procedure law, the opening paragraph
47 as amended by section 4 of part UU of chapter 56 of the laws of 2020,
48 paragraph (t) as amended and paragraph (u) as added by section 4 of
49 subpart B of part UU of chapter 56 of the laws of 2022, are amended and
50 a new paragraph (v) is added to read as follows:
51 Where the principal stands charged with a qualifying offense, the
52 court, unless otherwise prohibited by law, may in its discretion release
53 the principal pending trial on the principal's own recognizance or under
54 non-monetary conditions, fix bail, or, where the defendant is charged
55 with a qualifying offense [which is a felony], the court may commit the
56 principal to the custody of the sheriff. The court shall explain its
S. 4484 4
1 choice of release, release with conditions, bail or remand on the record
2 or in writing. A principal stands charged with a qualifying offense for
3 the purposes of this subdivision when he or she stands charged with:
4 (t) any felony or class A misdemeanor involving harm to an identifi-
5 able person or property, or any charge of criminal possession of a
6 firearm as defined in section 265.01-b of the penal law, where such
7 charge arose from conduct occurring while the defendant was released on
8 his or her own recognizance, released under conditions, or had yet to be
9 arraigned after the issuance of a desk appearance ticket for a separate
10 felony or class A misdemeanor involving harm to an identifiable person
11 or property, or any charge of criminal possession of a firearm as
12 defined in section 265.01-b of the penal law, provided, however, that
13 the prosecutor must show reasonable cause to believe that the defendant
14 committed the instant crime and any underlying crime. For the purposes
15 of this subparagraph, any of the underlying crimes need not be a quali-
16 fying offense as defined in this subdivision. For the purposes of this
17 paragraph, "harm to an identifiable person or property" shall include
18 but not be limited to theft of or damage to property. However, based
19 upon a review of the facts alleged in the accusatory instrument, if the
20 court determines that such theft is negligible and does not appear to be
21 in furtherance of other criminal activity, the principal shall be
22 released on his or her own recognizance or under appropriate non-mone-
23 tary conditions; [or]
24 (u) criminal possession of a weapon in the third degree as defined in
25 subdivision three of section 265.02 of the penal law or criminal sale of
26 a firearm to a minor as defined in section 265.16 of the penal law[.];
27 or
28 (v) any of the following aggravated family offenses as defined in
29 section 240.75 of the penal law where the principal and the person
30 against whom the offense was committed were members of the same family
31 or household as defined in subdivision one of section 530.11; an offense
32 defined in section 120.00 (assault in the third degree); section 120.13
33 (menacing in the first degree); section 120.14 (menacing in the second
34 degree); section 120.15 (menacing in the third degree); section 120.20
35 (reckless endangerment in the second degree); section 120.45 (stalking
36 in the fourth degree); section 120.50 (stalking in the third degree);
37 section 120.55 (stalking in the second degree); section 121.11 (criminal
38 obstruction of breathing or blood circulation); subdivision one of
39 section 125.15 (manslaughter in the second degree); section 135.05
40 (unlawful imprisonment in the second degree); section 135.10 (unlawful
41 imprisonment in the first degree); section 135.60 (coercion in the third
42 degree); section 135.61 (coercion in the second degree); section 135.65
43 (coercion in the first degree); section 140.20 (burglary in the third
44 degree); section 140.25 (burglary in the second degree); section 145.00
45 (criminal mischief in the fourth degree); section 145.05 (criminal
46 mischief in the third degree); section 145.10 (criminal mischief in the
47 second degree); section 145.12 (criminal mischief in the first degree);
48 section 145.14 (criminal tampering in the third degree); section 240.25
49 (harassment in the first degree); subdivision one, two or four of
50 section 240.30 (aggravated harassment in the second degree) of the penal
51 law; or any attempt or conspiracy to commit any of the foregoing
52 offenses.
53 § 4. This act shall take effect on the first of November next succeed-
54 ing the date upon which it shall have become a law.
