STATE OF NEW YORK
________________________________________________________________________
6901
2019-2020 Regular Sessions
IN ASSEMBLY
March 25, 2019
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Introduced by M. of A. ORTIZ, ENGLEBRIGHT, SEAWRIGHT, DAVILA, MOSLEY,
TAYLOR, COOK, D'URSO -- read once and referred to the Committee on
Codes
AN ACT to amend the criminal procedure law, in relation to prohibiting
bail when a defendant is charged with a felony sex crime with a minor
victim who is a vulnerable person or a person with a disability
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 530.40 of the criminal procedure law is amended by
2 adding a new subdivision 5 to read as follows:
3 5. Notwithstanding the provisions of subdivision two, a superior court
4 may not order recognizance or bail when the defendant is charged with a
5 felony defined in article one hundred thirty of the penal law, committed
6 or attempted to be committed by a person eighteen years of age or older
7 against a person less than eighteen years of age who is a vulnerable
8 person or a person with a disability as such terms are defined in
9 section five hundred fifty of the executive law.
10 § 2. Paragraph (a) of subdivision 2 of section 530.20 of the criminal
11 procedure law, as amended by chapter 531 of the laws of 1975, is amended
12 to read as follows:
13 (a) A city court, a town court or a village court may not order
14 recognizance or bail when (i) the defendant is charged with a class A
15 felony, [or] (ii) it appears that the defendant has two previous felony
16 convictions[;], or (iii) the defendant is charged with any felony
17 defined in article one hundred thirty of the penal law, committed or
18 attempted to be committed by a person eighteen years of age or older
19 against a person less than eighteen years of age who is a vulnerable
20 person or a person with a disability as such terms are defined in
21 section five hundred fifty of the executive law.
22 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10917-01-9