STATE OF NEW YORK
________________________________________________________________________
1495
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. BUTTENSCHON, JONES, McMAHON, STERN, THIELE,
WALLACE -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to drug and
domestic violence offenses 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 (a), (d), (j), (t) and
2 (u) of subdivision 4 of section 510.10 of the criminal procedure law,
3 the opening paragraph and paragraphs (a) and (d) as amended and para-
4 graph (j) as added by section 2 of part UU of chapter 56 of the laws of
5 2020, and paragraph (t) as amended and paragraph (u) as added by section
6 2 of subpart B of part UU of chapter 56 of the laws of 2022, are amended
7 and two new paragraphs (v) and (w) are added to read as follows:
8 Where the principal stands charged with a qualifying offense, the
9 court, unless otherwise prohibited by law, may in its discretion release
10 the principal pending trial on the principal's own recognizance or under
11 non-monetary conditions, fix bail, or, where the defendant is charged
12 with a qualifying offense [which is a felony], the court may commit the
13 principal to the custody of the sheriff. A principal stands charged with
14 a qualifying offense for the purposes of this subdivision when he or she
15 stands charged with:
16 (a) a felony enumerated in section 70.02 of the penal law[, other than
17 robbery in the second degree as defined in subdivision one of section
18 160.10 of the penal law, provided, however, that burglary in the second
19 degree as defined in subdivision two of section 140.25 of the penal law
20 shall be a qualifying offense only where the defendant is charged with
21 entering the living area of the dwelling];
22 (d) a class A felony as defined in the penal law[, provided that for
23 class A felonies under article two hundred twenty of the penal law, only
24 class A-I felonies shall be a qualifying offense];
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04820-01-3
A. 1495 2
1 (j) any crime that is alleged to have caused the death or serious
2 physical injury of another person;
3 (t) any felony or class A misdemeanor involving harm to an identifi-
4 able person or property, or any charge of criminal possession of a
5 firearm as defined in section 265.01-b of the penal law, where such
6 charge arose from conduct occurring while the defendant was released on
7 his or her own recognizance, released under conditions, or had yet to be
8 arraigned after the issuance of a desk appearance ticket for a separate
9 felony or class A misdemeanor involving harm to an identifiable person
10 or property, or any charge of criminal possession of a firearm as
11 defined in section 265.01-b of the penal law, provided, however, that
12 the prosecutor must show reasonable cause to believe that the defendant
13 committed the instant crime and any underlying crime. For the purposes
14 of this subparagraph, any of the underlying crimes need not be a quali-
15 fying offense as defined in this subdivision. For the purposes of this
16 paragraph, "harm to an identifiable person or property" shall include
17 but not be limited to theft of or damage to property. However, based
18 upon a review of the facts alleged in the accusatory instrument, if the
19 court determines that such theft is negligible and does not appear to be
20 in furtherance of other criminal activity, the principal shall be
21 released on his or her own recognizance or under appropriate non-mone-
22 tary conditions; [or]
23 (u) criminal possession of a weapon in the third degree as defined in
24 subdivision three of section 265.02 of the penal law or criminal sale of
25 a firearm to a minor as defined in section 265.16 of the penal law[.];
26 (v) a class B, C or D felony enumerated in article two hundred twenty
27 of the penal law; or
28 (w) an aggravated family offense as defined in section 240.75 of the
29 penal law.
30 § 2. The opening paragraph and subparagraphs (i), (iv), (x), (xx) and
31 (xxi) of paragraph (b) of subdivision 1 of section 530.20 of the crimi-
32 nal procedure law, the opening paragraph and subparagraphs (i), (iv) and
33 (x) as amended by section 3 of part UU of chapter 56 of the laws of
34 2020, and subparagraph (xx) as amended and subparagraph (xxi) as added
35 by section 4 of subpart C of part UU of chapter 56 of the laws of 2022,
36 are amended and two new subparagraphs and (xxii) and (xxiii) are added
37 to read as follows:
38 Where the principal stands charged with a qualifying offense, the
39 court, unless otherwise prohibited by law, may in its discretion release
40 the principal pending trial on the principal's own recognizance or under
41 non-monetary conditions, fix bail, or, where the defendant is charged
42 with a qualifying offense [which is a felony], the court may commit the
43 principal to the custody of the sheriff. The court shall explain its
44 choice of release, release with conditions, bail or remand on the record
45 or in writing. A principal stands charged with a qualifying offense when
46 he or she stands charged with:
47 (i) a felony enumerated in section 70.02 of the penal law[, other than
48 robbery in the second degree as defined in subdivision one of section
49 160.10 of the penal law, provided, however, that burglary in the second
50 degree as defined in subdivision two of section 140.25 of the penal law
51 shall be a qualifying offense only where the defendant is charged with
52 entering the living area of the dwelling];
53 (iv) a class A felony as defined in the penal law[, provided, that for
54 class A felonies under article two hundred twenty of such law, only
55 class A-I felonies shall be a qualifying offense];
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1 (x) any crime that is alleged to have caused the death or serious
2 physical injury of another person;
3 (xx) any felony or class A misdemeanor involving harm to an identifi-
4 able person or property, or any charge of criminal possession of a
5 firearm as defined in section 265.01-b of the penal law where such
6 charge arose from conduct occurring while the defendant was released on
7 his or her own recognizance, released under conditions, or had yet to be
8 arraigned after the issuance of a desk appearance ticket for a separate
9 felony or class A misdemeanor involving harm to an identifiable person
10 or property, provided, however, that the prosecutor must show reasonable
11 cause to believe that the defendant committed the instant crime and any
12 underlying crime. For the purposes of this subparagraph, any of the
13 underlying crimes need not be a qualifying offense as defined in this
14 subdivision. For the purposes of this paragraph, "harm to an identifi-
15 able person or property" shall include but not be limited to theft of or
16 damage to property. However, based upon a review of the facts alleged in
17 the accusatory instrument, if the court determines that such theft is
18 negligible and does not appear to be in furtherance of other criminal
19 activity, the principal shall be released on his or her own recognizance
20 or under appropriate non-monetary conditions; [or]
21 (xxi) criminal possession of a weapon in the third degree as defined
22 in subdivision three of section 265.02 of the penal law or criminal sale
23 of a firearm to a minor as defined in section 265.16 of the penal
24 law[.];
25 (xxii) a class B, C or D felony enumerated in article two hundred
26 twenty of the penal law; or
27 (xxiii) an aggravated family offense as defined in section 240.75 of
28 the penal law.
29 § 3. The opening paragraph and paragraphs (a), (d), (j), (t) and (u)
30 of subdivision 4 of section 530.40 of the criminal procedure law, the
31 opening paragraph and paragraphs (a) and (d) as amended and paragraph
32 (j) as added by section 4 of part UU of chapter 56 of the laws of 2020,
33 and paragraph (t) as amended and paragraph (u) as added by section 4 of
34 subpart B of part UU of chapter 56 of the laws of 2022, are amended and
35 two new paragraphs (v) and (w) are added to read as follows:
36 Where the principal stands charged with a qualifying offense, the
37 court, unless otherwise prohibited by law, may in its discretion release
38 the principal pending trial on the principal's own recognizance or under
39 non-monetary conditions, fix bail, or, where the defendant is charged
40 with a qualifying offense [which is a felony], the court may commit the
41 principal to the custody of the sheriff. The court shall explain its
42 choice of release, release with conditions, bail or remand on the record
43 or in writing. A principal stands charged with a qualifying offense for
44 the purposes of this subdivision when he or she stands charged with:
45 (a) a felony enumerated in section 70.02 of the penal law[, other than
46 robbery in the second degree as defined in subdivision one of section
47 160.10 of the penal law, provided, however, that burglary in the second
48 degree as defined in subdivision two of section 140.25 of the penal law
49 shall be a qualifying offense only where the defendant is charged with
50 entering the living area of the dwelling];
51 (d) a class A felony as defined in the penal law[, provided that for
52 class A felonies under article two hundred twenty of such law, only
53 class A-I felonies shall be a qualifying offense];
54 (j) any crime that is alleged to have caused the death or serious
55 physical injury of another person;
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1 (t) any felony or class A misdemeanor involving harm to an identifi-
2 able person or property, or any charge of criminal possession of a
3 firearm as defined in section 265.01-b of the penal law, where such
4 charge arose from conduct occurring while the defendant was released on
5 his or her own recognizance, released under conditions, or had yet to be
6 arraigned after the issuance of a desk appearance ticket for a separate
7 felony or class A misdemeanor involving harm to an identifiable person
8 or property, or any charge of criminal possession of a firearm as
9 defined in section 265.01-b of the penal law, provided, however, that
10 the prosecutor must show reasonable cause to believe that the defendant
11 committed the instant crime and any underlying crime. For the purposes
12 of this subparagraph, any of the underlying crimes need not be a quali-
13 fying offense as defined in this subdivision. For the purposes of this
14 paragraph, "harm to an identifiable person or property" shall include
15 but not be limited to theft of or damage to property. However, based
16 upon a review of the facts alleged in the accusatory instrument, if the
17 court determines that such theft is negligible and does not appear to be
18 in furtherance of other criminal activity, the principal shall be
19 released on his or her own recognizance or under appropriate non-mone-
20 tary conditions; [or]
21 (u) criminal possession of a weapon in the third degree as defined in
22 subdivision three of section 265.02 of the penal law or criminal sale of
23 a firearm to a minor as defined in section 265.16 of the penal law[.];
24 (v) a class B, C or D felony enumerated in article two hundred twenty
25 of the penal law; or
26 (w) an aggravated family offense as defined in section 240.75 of the
27 penal law.
28 § 4. This act shall take effect immediately.
