STATE OF NEW YORK
________________________________________________________________________
9019
IN ASSEMBLY
January 10, 2020
___________
Introduced by M. of A. M. L. MILLER, RA -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to defining a
qualified offense for purposes of bail recognizance and the issuance
of securing orders
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 510.10 of the criminal procedure
2 law, as added by section 2 of part JJJ of chapter 59 of the laws of
3 2019, is amended to read as follows:
4 4. Where the principal stands charged with a qualifying offense, the
5 court, unless otherwise prohibited by law, may in its discretion release
6 the principal pending trial on the principal's own recognizance or under
7 non-monetary conditions, fix bail, or, where the defendant is charged
8 with a qualifying offense which is a felony, the court may commit the
9 principal to the custody of the sheriff. A principal stands charged with
10 a qualifying offense for the purposes of this subdivision when he or she
11 stands charged with:
12 (a) a felony enumerated in section 70.02 of the penal law, other than
13 burglary in the second degree as defined in subdivision two of section
14 140.25 of the penal law or robbery in the second degree as defined in
15 subdivision one of section 160.10 of the penal law;
16 (b) a crime involving witness intimidation under section 215.15 of the
17 penal law;
18 (c) a crime involving witness tampering under section 215.11, 215.12
19 or 215.13 of the penal law;
20 (d) a class A felony defined in the penal law, other than in article
21 two hundred twenty of such law with the exception of section 220.77 of
22 such law;
23 (e) a felony sex offense defined in section 70.80 of the penal law or
24 a crime involving incest as defined in section 255.25, 255.26 or 255.27
25 of such law, or a misdemeanor defined in article one hundred thirty of
26 such law;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14629-01-0
A. 9019 2
1 (f) conspiracy in the second degree as defined in section 105.15 of
2 the penal law, where the underlying allegation of such charge is that
3 the defendant conspired to commit a class A felony defined in article
4 one hundred twenty-five of the penal law;
5 (g) money laundering in support of terrorism in the first degree as
6 defined in section 470.24 of the penal law; money laundering in support
7 of terrorism in the second degree as defined in section 470.23 of the
8 penal law; or a felony crime of terrorism as defined in article four
9 hundred ninety of the penal law, other than the crime defined in section
10 490.20 of such law;
11 (h) criminal contempt in the second degree as defined in subdivision
12 three of section 215.50 of the penal law, criminal contempt in the first
13 degree as defined in subdivision (b), (c) or (d) of section 215.51 of
14 the penal law or aggravated criminal contempt as defined in section
15 215.52 of the penal law, and the underlying allegation of such charge of
16 criminal contempt in the second degree, criminal contempt in the first
17 degree or aggravated criminal contempt is that the defendant violated a
18 duly served order of protection where the protected party is a member of
19 the defendant's same family or household as defined in subdivision one
20 of section 530.11 of this article; [or]
21 (i) facilitating a sexual performance by a child with a controlled
22 substance or alcohol as defined in section 263.30 of the penal law, use
23 of a child in a sexual performance as defined in section 263.05 of the
24 penal law or luring a child as defined in subdivision one of section
25 120.70 of the penal law; or
26 (j) a crime defined as a hate crime under section 485.05 of the penal
27 law.
28 § 2. This act shall take effect immediately.
