A04197 Summary:

BILL NOA04197
 
SAME ASNo Same As
 
SPONSORPaulin
 
COSPNSRBrabenec
 
MLTSPNSR
 
Amd §§510.10, 530.20 & 530.40, CP L
 
Authorizes courts to order remand or bail in certain prostitution and labor trafficking cases.
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A04197 Actions:

BILL NOA04197
 
02/13/2023referred to codes
01/03/2024referred to codes
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A04197 Committee Votes:

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A04197 Floor Votes:

There are no votes for this bill in this legislative session.
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A04197 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4197
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 13, 2023
                                       ___________
 
        Introduced by M. of A. PAULIN, BRABENEC -- read once and referred to the
          Committee on Codes
 
        AN  ACT to amend the criminal procedure law, in relation to the applica-
          tion of bail in certain prostitution cases and labor trafficking cases
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraphs (t) and (u) of subdivision 4 of section 510.10
     2  of the criminal procedure law, paragraph (t) as  amended  and  paragraph
     3  (u)  as  added by section 2 of subpart B of part UU of chapter 56 of the
     4  laws of 2022, are amended and two new paragraphs (v) and (w)  are  added
     5  to read as follows:
     6    (t)  any  felony or class A misdemeanor involving harm to an identifi-
     7  able person or property, or any  charge  of  criminal  possession  of  a
     8  firearm  as  defined  in  section  265.01-b of the penal law, where such
     9  charge arose from conduct occurring while the defendant was released  on
    10  his or her own recognizance, released under conditions, or had yet to be
    11  arraigned  after the issuance of a desk appearance ticket for a separate
    12  felony or class A misdemeanor involving harm to an  identifiable  person
    13  or  property,  or  any  charge  of  criminal  possession of a firearm as
    14  defined in section 265.01-b of the penal law,  provided,  however,  that
    15  the  prosecutor must show reasonable cause to believe that the defendant
    16  committed the instant crime and any underlying crime. For  the  purposes
    17  of  this subparagraph, any of the underlying crimes need not be a quali-
    18  fying offense as defined in this subdivision. For the purposes  of  this
    19  paragraph,  "harm  to  an identifiable person or property" shall include
    20  but not be limited to theft of or damage  to  property.  However,  based
    21  upon  a review of the facts alleged in the accusatory instrument, if the
    22  court determines that such theft is negligible and does not appear to be
    23  in furtherance of  other  criminal  activity,  the  principal  shall  be
    24  released  on  his or her own recognizance or under appropriate non-mone-
    25  tary conditions; [or]
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02086-01-3

        A. 4197                             2
 
     1    (u) criminal possession of a weapon in the third degree as defined  in
     2  subdivision three of section 265.02 of the penal law or criminal sale of
     3  a firearm to a minor as defined in section 265.16 of the penal law[.];
     4    (v)  a  crime  involving  promoting prostitution under section 230.25,
     5  230.30 or 230.32 of the penal law or compelling prostitution as  defined
     6  in section 230.33 of the penal law; or
     7    (w) labor trafficking as defined in section 135.35 of the penal law or
     8  aggravated  labor  trafficking as defined in section 135.37 of the penal
     9  law.
    10    § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
    11  section 530.20 of the  criminal  procedure  law,  subparagraph  (xx)  as
    12  amended  and  subparagraph  (xxi)  as added by section 4 of subpart C of
    13  part UU of chapter 56 of the laws of  2022,  are  amended  and  two  new
    14  subparagraphs (xxii) and (xxiii) are added to read as follows:
    15    (xx)  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, provided, however, that the prosecutor must show reasonable
    23  cause  to believe that the defendant committed the instant crime and any
    24  underlying crime. For the purposes of  this  subparagraph,  any  of  the
    25  underlying  crimes  need  not be a qualifying offense as defined in this
    26  subdivision. For the purposes of this paragraph, "harm to  an  identifi-
    27  able person or property" shall include but not be limited to theft of or
    28  damage to property. However, based upon a review of the facts alleged in
    29  the  accusatory  instrument,  if the court determines that such theft is
    30  negligible and does not appear to be in furtherance  of  other  criminal
    31  activity, the principal shall be released on his or her own recognizance
    32  or under appropriate non-monetary conditions; [or]
    33    (xxi)  criminal  possession of a weapon in the third degree as defined
    34  in subdivision three of section 265.02 of the penal law or criminal sale
    35  of a firearm to a minor as  defined  in  section  265.16  of  the  penal
    36  law[.];
    37    (xxii)  a crime involving promoting prostitution under section 230.25,
    38  230.30 or 230.32 of the penal law or compelling prostitution as  defined
    39  in section 230.33 of the penal law; or
    40    (xxiii)  labor  trafficking  as defined in section 135.35 of the penal
    41  law or aggravated labor trafficking as defined in section 135.37 of  the
    42  penal law.
    43    §  3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
    44  criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
    45  added  by section 4 of subpart B of part UU of chapter 56 of the laws of
    46  2022, are amended and two new paragraphs (v) and (w) are added  to  read
    47  as follows:
    48    (t)  any  felony or class A misdemeanor involving harm to an identifi-
    49  able person or property, or any  charge  of  criminal  possession  of  a
    50  firearm  as  defined  in  section  265.01-b of the penal law, where such
    51  charge arose from conduct occurring while the defendant was released  on
    52  his or her own recognizance, released under conditions, or had yet to be
    53  arraigned  after the issuance of a desk appearance ticket for a separate
    54  felony or class A misdemeanor involving harm to an  identifiable  person
    55  or  property,  or  any  charge  of  criminal  possession of a firearm as
    56  defined in section 265.01-b of the penal law,  provided,  however,  that

        A. 4197                             3

     1  the  prosecutor must show reasonable cause to believe that the defendant
     2  committed the instant crime and any underlying crime. For  the  purposes
     3  of  this subparagraph, any of the underlying crimes need not be a quali-
     4  fying  offense  as defined in this subdivision. For the purposes of this
     5  paragraph, "harm to an identifiable person or  property"  shall  include
     6  but  not  be  limited  to theft of or damage to property. However, based
     7  upon a review of the facts alleged in the accusatory instrument, if  the
     8  court determines that such theft is negligible and does not appear to be
     9  in  furtherance  of  other  criminal  activity,  the  principal shall be
    10  released on his or her own recognizance or under  appropriate  non-mone-
    11  tary conditions; [or]
    12    (u)  criminal possession of a weapon in the third degree as defined in
    13  subdivision three of section 265.02 of the penal law or criminal sale of
    14  a firearm to a minor as defined in section 265.16 of the penal law[.];
    15    (v) a crime involving promoting  prostitution  under  section  230.25,
    16  230.30  or 230.32 of the penal law or compelling prostitution as defined
    17  in section 230.33 of the penal law; or
    18    (w) labor trafficking as defined in section 135.35 of the penal law or
    19  aggravated labor trafficking as defined in section 135.37 of  the  penal
    20  law.
    21    §  4.  This  act  shall take effect on the sixtieth day after it shall
    22  have become a law.
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