STATE OF NEW YORK
________________________________________________________________________
10181
IN ASSEMBLY
March 24, 2020
___________
Introduced by M. of A. MALLIOTAKIS -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to expanding the
list of qualifying offenses for which a court may fix bail or commit
to custody of the sheriff
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a), (d), (f), (h) and (i) of subdivision 4 of
2 section 510.10 of the criminal procedure law, as added by section 2 of
3 part JJJ of chapter 59 of the laws of 2019, are amended and three new
4 paragraphs (j), (k) and (l) are added to read as follows:
5 (a) a felony enumerated in section 70.02 of the penal law[, other than
6 burglary in the second degree as defined in subdivision two of section
7 140.25 of the penal law or robbery in the second degree as defined in
8 subdivision one of section 160.10 of the penal law];
9 (d) a class A felony defined in the penal law[, other than in article
10 two hundred twenty of such law with the exception of section 220.77 of
11 such law];
12 (f) conspiracy in the second degree as defined in section 105.15 of
13 the penal law, where the underlying allegation of such charge is that
14 the defendant conspired to commit a class A felony [defined in article
15 one hundred twenty-five of the penal law];
16 (h) [criminal contempt in the second degree as defined in subdivision
17 three of section 215.50 of the penal law, criminal contempt in the first
18 degree as defined in subdivision (b), (c) or (d) of section 215.51 of
19 the penal law or aggravated criminal contempt as defined in section
20 215.52 of the penal law, and the underlying allegation of such charge of
21 criminal contempt in the second degree, criminal contempt in the first
22 degree or aggravated criminal contempt is that the defendant violated a
23 duly served order of protection where the protected party is a member of
24 the defendant's same family or household as defined in subdivision one
25 of section 530.11 of this article; or
26 (i)] facilitating a sexual performance by a child with a controlled
27 substance or alcohol as defined in section 263.30 of the penal law, use
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15526-01-0
A. 10181 2
1 of a child in a sexual performance as defined in section 263.05 of the
2 penal law or luring a child as defined in subdivision one of section
3 120.70 of the penal law[.];
4 (i) any felony defined in article one hundred twenty or one hundred
5 twenty-five of the penal law;
6 (j) criminal obstruction of breathing or blood circulation as defined
7 in section 121.11 of the penal law, strangulation in the second degree
8 as defined in section 121.12 of the penal law or strangulation in the
9 first degree as defined in section 121.13 of the penal law;
10 (k) a controlled substance offense as defined in article two hundred
11 twenty of the penal law; or
12 (l) any offense against a member or members of the defendant's same
13 family or household as defined in subdivision one of section 530.11 of
14 this title.
15 § 2. Subparagraphs (i), (iv), (vi), (viii) and (ix) of paragraph (b)
16 of subdivision 1 of section 530.20 of the criminal procedure law, as
17 added by section 16 of part JJJ of chapter 59 of the laws of 2019, are
18 amended and three new subparagraphs (x), (xi) and (xii) are added to
19 read as follows:
20 (i) a felony enumerated in section 70.02 of the penal law[, other than
21 burglary in the second degree as defined in subdivision two of section
22 140.25 of the penal law or robbery in the second degree as defined in
23 subdivision one of section 160.10 of the penal law];
24 (iv) a class A felony defined in the penal law[, other than in article
25 two hundred twenty of such law with the exception of section 220.77 of
26 such law];
27 (vi) conspiracy in the second degree as defined in section 105.15 of
28 the penal law, where the underlying allegation of such charge is that
29 the defendant conspired to commit a class A felony [defined in article
30 one hundred twenty-five of the penal law];
31 (viii) [criminal contempt in the second degree as defined in subdivi-
32 sion three of section 215.50 of the penal law, criminal contempt in the
33 first degree as defined in subdivision (b), (c) or (d) of section 215.51
34 of the penal law or aggravated criminal contempt as defined in section
35 215.52 of the penal law, and the underlying allegation of such charge of
36 criminal contempt in the second degree, criminal contempt in the first
37 degree or aggravated criminal contempt is that the defendant violated a
38 duly served order of protection where the protected party is a member of
39 the defendant's same family or household as defined in subdivision one
40 of section 530.11 of this article; or
41 (ix)] facilitating a sexual performance by a child with a controlled
42 substance or alcohol as defined in section 263.30 of the penal law, use
43 of a child in a sexual performance as defined in section 263.05 of the
44 penal law or luring a child as defined in subdivision one of section
45 120.70 of the penal law[.];
46 (ix) any felony defined in article one hundred twenty or one hundred
47 twenty-five of the penal law;
48 (x) criminal obstruction of breathing or blood circulation as defined
49 in section 121.11 of the penal law, strangulation in the second degree
50 as defined in section 121.12 of the penal law or strangulation in the
51 first degree as defined in section 121.13 of the penal law;
52 (xi) a controlled substance offense as defined in article two hundred
53 twenty of the penal law; or
54 (xii) any offense against a member or members of the defendant's same
55 family or household as defined in subdivision one of section 530.11 of
56 this article.
A. 10181 3
1 § 3. Paragraphs (a), (d), (f), (h) and (i) of subdivision 4 of section
2 530.40 of the criminal procedure law, as added by section 18 of part JJJ
3 of chapter 59 of the laws of 2019, are amended and three new paragraphs
4 (j), (k) and (l) are added to read as follows:
5 (a) a felony enumerated in section 70.02 of the penal law[, other than
6 burglary in the second degree as defined in subdivision two of section
7 140.25 of the penal law or robbery in the second degree as defined in
8 subdivision one of section 160.10 of the penal law];
9 (d) a class A felony defined in the penal law[, other than in article
10 two hundred twenty of such law with the exception of section 220.77 of
11 such law];
12 (f) conspiracy in the second degree as defined in section 105.15 of
13 the penal law, where the underlying allegation of such charge is that
14 the defendant conspired to commit a class A felony [defined in article
15 one hundred twenty-five of the penal law];
16 (h) [criminal contempt in the second degree as defined in subdivision
17 three of section 215.50 of the penal law, criminal contempt in the first
18 degree as defined in subdivision (b), (c) or (d) of section 215.51 of
19 the penal law or aggravated criminal contempt as defined in section
20 215.52 of the penal law, and the underlying allegation of such charge of
21 criminal contempt in the second degree, criminal contempt in the first
22 degree or aggravated criminal contempt is that the defendant violated a
23 duly served order of protection where the protected party is a member of
24 the defendant's same family or household as defined in subdivision one
25 of section 530.11 of this article; or
26 (i)] facilitating a sexual performance by a child with a controlled
27 substance or alcohol as defined in section 263.30 of the penal law, use
28 of a child in a sexual performance as defined in section 263.05 of the
29 penal law or luring a child as defined in subdivision one of section
30 120.70 of the penal law[.];
31 (i) any felony defined in article one hundred twenty or one hundred
32 twenty-five of the penal law;
33 (j) criminal obstruction of breathing or blood circulation as defined
34 in section 121.11 of the penal law, strangulation in the second degree
35 as defined in section 121.12 of the penal law or strangulation in the
36 first degree as defined in section 121.13 of the penal law;
37 (k) a controlled substance offense as defined in article two hundred
38 twenty of the penal law; or
39 (l) any offense against a member or members of the defendant's same
40 family or household as defined in subdivision one of section 530.11 of
41 this article.
42 § 4. This act shall take effect on the thirtieth day after it shall
43 have become a law.
