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.
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.