STATE OF NEW YORK
________________________________________________________________________
9030
IN ASSEMBLY
January 10, 2020
___________
Introduced by M. of A. BUTTENSCHON -- 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), (h) and (i)
2 of subdivision 4 of section 510.10 of the criminal procedure law, as
3 added by section 2 of part JJJ of chapter 59 of the laws of 2019, are
4 amended and three new paragraphs (j), (k) and (l) are added to read as
5 follows:
6 Where the principal stands charged with a qualifying offense, the
7 court, unless otherwise prohibited by law, may in its discretion release
8 the principal pending trial on the principal's own recognizance or under
9 non-monetary conditions, fix bail, or, where the defendant is charged
10 with a qualifying offense [which is a felony], the court may commit the
11 principal to the custody of the sheriff. A principal stands charged with
12 a qualifying offense for the purposes of this subdivision when he or she
13 stands charged with:
14 (a) a felony enumerated in section 70.02 of the penal law[, other than
15 burglary in the second degree as defined in subdivision two of section
16 140.25 of the penal law or robbery in the second degree as defined in
17 subdivision one of section 160.10 of the penal law];
18 (d) a class A felony as defined in the penal law[, other than in arti-
19 cle two hundred twenty of such law with the exception of section 220.77
20 of such law];
21 (h) criminal contempt in the second degree as defined in subdivision
22 three of section 215.50 of the penal law, criminal contempt in the first
23 degree as defined in subdivision (b), (c) or (d) of section 215.51 of
24 the penal law or aggravated criminal contempt as defined in section
25 215.52 of the penal law, and the underlying allegation of such charge of
26 criminal contempt in the second degree, criminal contempt in the first
27 degree or aggravated criminal contempt is that the defendant violated a
28 duly served order of protection where the protected party is a member of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14317-01-9
A. 9030 2
1 the defendant's same family or household as defined in subdivision one
2 of section 530.11 of this article; [or]
3 (i) facilitating a sexual performance by a child with a controlled
4 substance or alcohol as defined in section 263.30 of the penal law, use
5 of a child in a sexual performance as defined in section 263.05 of the
6 penal law or luring a child as defined in subdivision one of section
7 120.70 of the penal law[.];
8 (j) a class B, C or D felony enumerated in article two hundred twenty
9 of the penal law;
10 (k) a crime which resulted in death or serious physical injury; or
11 (l) an aggravated family offense as defined in section 240.75 of the
12 penal law.
13 § 2. The opening paragraph and subparagraphs (i), (iv), (viii) and
14 (ix) of paragraph (b) of subdivision 1 of section 530.20 of the criminal
15 procedure law, as added by section 16 of part JJJ of chapter 59 of the
16 laws of 2019, are amended and three new subparagraphs (x), (xi) and
17 (xii) are added to read as follows:
18 Where the principal stands charged with a qualifying offense, the
19 court, unless otherwise prohibited by law, may in its discretion release
20 the principal pending trial on the principal's own recognizance or under
21 non-monetary conditions, fix bail, or, where the defendant is charged
22 with a qualifying offense [which is a felony], the court may commit the
23 principal to the custody of the sheriff. The court shall explain its
24 choice of release, release with conditions, bail or remand on the record
25 or in writing. A principal stands charged with a qualifying offense when
26 he or she stands charged with:
27 (i) a felony enumerated in section 70.02 of the penal law[, other than
28 burglary in the second degree as defined in subdivision two of section
29 140.25 of the penal law or robbery in the second degree as defined in
30 subdivision one of section 160.10 of the penal law];
31 (iv) a class A felony defined in the penal law[, other than in article
32 two hundred twenty of such law with the exception of section 220.77 of
33 such law];
34 (viii) criminal contempt in the second degree as defined in subdivi-
35 sion three of section 215.50 of the penal law, criminal contempt in the
36 first degree as defined in subdivision (b), (c) or (d) of section 215.51
37 of 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 (ix) 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[.];
49 (x) a class B, C or D felony enumerated in article two hundred twenty
50 of the penal law;
51 (xi) a crime which resulted in death or serious physical injury; or
52 (xii) an aggravated family offense as defined in section 240.75 of the
53 penal law.
54 § 3. The opening paragraph and paragraphs (a), (d), (h) and (i) of
55 subdivision 4 of section 530.40 of the criminal procedure law, as added
A. 9030 3
1 by section 18 of part JJJ of chapter 59 of the laws of 2019, are amended
2 and three new paragraphs (j), (k) and (l) are added to read as follows:
3 Where the principal stands charged with a qualifying offense, the
4 court, unless otherwise prohibited by law, may in its discretion release
5 the principal pending trial on the principal's own recognizance or under
6 non-monetary conditions, fix bail, or, where the defendant is charged
7 with a qualifying offense [which is a felony], the court may commit the
8 principal to the custody of the sheriff. The court shall explain its
9 choice of release, release with conditions, bail or remand on the record
10 or in writing. A principal stands charged with a qualifying offense for
11 the purposes of this subdivision when he or she 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 (d) a class A felony as defined in the penal law[, other than in arti-
17 cle two hundred twenty of such law with the exception of section 220.77
18 of such law];
19 (h) criminal contempt in the second degree as defined in subdivision
20 three of section 215.50 of the penal law, criminal contempt in the first
21 degree as defined in subdivision (b), (c) or (d) of section 215.51 of
22 the penal law or aggravated criminal contempt as defined in section
23 215.52 of the penal law, and the underlying allegation of such charge of
24 criminal contempt in the second degree, criminal contempt in the first
25 degree or aggravated criminal contempt is that the defendant violated a
26 duly served order of protection where the protected party is a member of
27 the defendant's same family or household as defined in subdivision one
28 of section 530.11 of this article; [or]
29 (i) facilitating a sexual performance by a child with a controlled
30 substance or alcohol as defined in section 263.30 of the penal law, use
31 of a child in a sexual performance as defined in section 263.05 of the
32 penal law or luring a child as defined in subdivision one of section
33 120.70 of the penal law[.];
34 (j) a class B, C or D felony enumerated in article two hundred twenty
35 of the penal law;
36 (k) a crime which resulted in death or serious physical injury; or
37 (l) an aggravated family offense as defined in section 240.75 of the
38 penal law.
39 § 4. This act shall take effect on the same date and in the same
40 manner as part JJJ of chapter 59 of the laws of 2019, takes effect.
