STATE OF NEW YORK
________________________________________________________________________
977
2023-2024 Regular Sessions
IN SENATE
January 9, 2023
___________
Introduced by Sen. MATTERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to authorizing
bail for certain offenses committed during a riot
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a) and (u) of subdivision 4 of section 510.10
2 of the criminal procedure law, paragraph (a) as amended by section 2 of
3 part UU of chapter 56 of the laws of 2020, paragraph (u) as added by
4 section 2 of subpart B of part UU of chapter 56 of the laws of 2022, are
5 amended and a new paragraph (v) is added to read as follows:
6 (a) a felony enumerated in section 70.02 of the penal law, other than
7 robbery in the second degree as defined in subdivision one of section
8 160.10 of the penal law, provided, however, that burglary in the second
9 degree as defined in subdivision two of section 140.25 of the penal law
10 shall be a qualifying offense only where the defendant is charged with
11 entering the living area of the dwelling or is charged with committing
12 such offense while engaging in a riot as defined in article two hundred
13 forty of the penal law;
14 (u) criminal possession of a weapon in the third degree as defined in
15 subdivision three of section 265.02 of the penal law or criminal sale of
16 a firearm to a minor as defined in section 265.16 of the penal law[.];
17 or
18 (v) any felony or class A misdemeanor involving harm to an iden-
19 tifiable person or property, where such charge arose from conduct
20 occurring while the defendant was engaging in a riot as defined in arti-
21 cle two hundred forty of the penal law.
22 § 2. Subparagraphs (i) and (xxi) of paragraph (b) of subdivision 1 of
23 section 530.20 of the criminal procedure law, subparagraph (i) as
24 amended by section 3 of part UU of chapter 56 of the laws of 2020,
25 subparagraph (xxi) as added by section 4 of subpart C of part UU of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02659-01-3
S. 977 2
1 chapter 56 of the laws of 2022, are amended and a new subparagraph
2 (xxii) is added to read as follows:
3 (i) a felony enumerated in section 70.02 of the penal law, other than
4 robbery in the second degree as defined in subdivision one of section
5 160.10 of the penal law, provided, however, that burglary in the second
6 degree as defined in subdivision two of section 140.25 of the penal law
7 shall be a qualifying offense only where the defendant is charged with
8 entering the living area of the dwelling, or is charged with committing
9 such offense while engaging in a riot as defined in article two hundred
10 forty of the penal law;
11 (xxi) criminal possession of a weapon in the third degree as defined
12 in subdivision three of section 265.02 of the penal law or criminal sale
13 of a firearm to a minor as defined in section 265.16 of the penal
14 law[.]; or
15 (xxii) any felony or class A misdemeanor involving harm to an
16 identifiable person or property, where such charge arose from conduct
17 occurring while the defendant was engaging in a riot as defined in arti-
18 cle two hundred forty of the penal law.
19 § 3. Paragraphs (a) and (u) of subdivision 4 of section 530.40 of the
20 criminal procedure law, paragraph (a) as amended by section 4 of part UU
21 of chapter 56 of the laws of 2020, paragraph (u) as added by section 4
22 of subpart B of part UU of chapter 56 of the laws of 2022, are amended
23 and a new paragraph (v) is added to read as follows:
24 (a) a felony enumerated in section 70.02 of the penal law, other than
25 robbery in the second degree as defined in subdivision one of section
26 160.10 of the penal law, provided, however, that burglary in the second
27 degree as defined in subdivision two of section 140.25 of the penal law
28 shall be a qualifying offense only where the defendant is charged with
29 entering the living area of the dwelling or is charged with committing
30 such offense while engaging in a riot as defined in article two hundred
31 forty of the penal law;
32 (u) criminal possession of a weapon in the third degree as defined in
33 subdivision three of section 265.02 of the penal law or criminal sale of
34 a firearm to a minor as defined in section 265.16 of the penal law[.];
35 or
36 (v) any felony or class A misdemeanor involving harm to an
37 identifiable person or property, where such charge arose from conduct
38 occurring while the defendant was engaging in a riot as defined
39 in article two hundred forty of the penal law.
40 § 4. This act shall take effect immediately.