STATE OF NEW YORK
________________________________________________________________________
6856
2021-2022 Regular Sessions
IN ASSEMBLY
April 12, 2021
___________
Introduced by M. of A. LAWLER -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to adding seri-
ous crimes to those offenses that qualify for bail and pre-trial
detention
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), (g), (i),
2 (s) and (t) of subdivision 4 of section 510.10 of the criminal procedure
3 law, the opening paragraph and paragraphs (a), (d), (g) and (i) as
4 amended and paragraphs (s) and (t) as added by section 2 of part UU of
5 chapter 56 of the laws of 2020, are amended and sixteen new paragraphs
6 (u), (v), (w), (x), (y), (z), (aa), (bb), (cc), (dd), (ee), (ff), (gg),
7 (hh), (ii) and (jj) are added to read as follows:
8 Where the principal stands charged with a qualifying offense, the
9 court, unless otherwise prohibited by law, may in its discretion release
10 the principal pending trial on the principal's own recognizance or under
11 non-monetary conditions, fix bail, or, where the defendant is charged
12 with a qualifying offense [which is a felony], the court may commit the
13 principal to the custody of the sheriff. A principal stands charged with
14 a qualifying offense for the purposes of this subdivision when he or she
15 stands charged with:
16 (a) a felony enumerated in section 70.02 of the penal law[, other than
17 robbery in the second degree as defined in subdivision one of section
18 160.10 of the penal law, provided, however, that burglary in the second
19 degree as defined in subdivision two of section 140.25 of the penal law
20 shall be a qualifying offense only where the defendant is charged with
21 entering the living area of the dwelling];
22 (d) a class A felony defined in the penal law[, provided that for
23 class A felonies under article two hundred twenty of the penal law, only
24 class A-I felonies shall be a qualifying offense];
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04338-01-1
A. 6856 2
1 (g) money laundering in support of terrorism in the first degree as
2 defined in section 470.24 of the penal law; money laundering in support
3 of terrorism in the second degree as defined in section 470.23 of the
4 penal law; money laundering in support of terrorism in the third degree
5 as defined in section 470.22 of the penal law; money laundering in
6 support of terrorism in the fourth degree as defined in section 470.21
7 of the penal law; or a [felony crime of terrorism as defined in article
8 four hundred ninety of the penal law, other than the crime defined in
9 section 490.20 of such law] misdemeanor or felony crime defined in arti-
10 cle four hundred ninety of the penal law;
11 (i) [facilitating a sexual performance by a child with a controlled
12 substance or alcohol as defined in section 263.30 of the penal law, use
13 of a child in a sexual performance as defined in section 263.05 of the
14 penal law] a misdemeanor or felony defined in article two hundred
15 sixty-three of the penal law or luring a child as defined in subdivision
16 one of section 120.70 of the penal law, promoting an obscene sexual
17 performance by a child as defined in section 263.10 of the penal law or
18 promoting a sexual performance by a child as defined in section 263.15
19 of the penal law;
20 (s) a felony, where the defendant qualifies for sentencing on such
21 charge as a persistent felony offender pursuant to section 70.10 of the
22 penal law; [or]
23 (t) any felony or class A misdemeanor involving harm to an identifi-
24 able person or property, where such charge arose from conduct occurring
25 while the defendant was released on his or her own recognizance or
26 released under conditions for a separate felony or class A misdemeanor
27 involving harm to an identifiable person or property, provided, however,
28 that the prosecutor must show reasonable cause to believe that the
29 defendant committed the instant crime and any underlying crime. For the
30 purposes of this subparagraph, any of the underlying crimes need not be
31 a qualifying offense as defined in this subdivision[.];
32 (u) a felony enumerated in article two hundred twenty of the penal
33 law;
34 (v) a hate crime defined in article four hundred eighty-five of the
35 penal law;
36 (w) manslaughter in the second degree as defined in section 125.15 of
37 the penal law;
38 (x) criminally negligent homicide as defined in section 125.10 of the
39 penal law;
40 (y) reckless assault of a child as defined in section 120.02 of the
41 penal law or reckless assault of a child by a child day care provider as
42 defined in section 120.01 of the penal law;
43 (z) burglary in the third degree as defined in section 140.20 of the
44 penal law and robbery in the third degree as defined in section 160.05
45 of the penal law;
46 (aa) stalking in the second degree as defined in section 120.55 of the
47 penal law, stalking in the third degree as defined in section 120.50 of
48 the penal law or stalking in the fourth degree as defined in section
49 120.45 of the penal law;
50 (bb) aggravated vehicular manslaughter as defined in section 125.14 of
51 the penal law;
52 (cc) vehicular manslaughter in the first degree as defined in section
53 125.13 of the penal law or vehicular manslaughter in the second degree
54 as defined in section 125.12 of the penal law;
55 (dd) menacing in the first degree as defined in section 120.13 of the
56 penal law, menacing in the second degree as defined in section 120.14 of
A. 6856 3
1 the penal law or menacing in the third degree as defined in section
2 120.15 of the penal law;
3 (ee) coercion in the first degree as defined in section 135.65 of the
4 penal law;
5 (ff) arson in the fourth degree as defined in section 150.05 of the
6 penal law;
7 (gg) criminal possession of a firearm as defined in section 265.01-b
8 of the penal law;
9 (hh) patronizing a person for prostitution in a school zone as defined
10 in section 230.08 of the penal law;
11 (ii) aggravated harassment in the first degree as defined in section
12 240.31 of the penal law; or
13 (jj) aggravated cruelty to animals as defined in section three hundred
14 fifty-three-a of the agriculture and markets law, overriding, torturing
15 and injuring animals; failure to provide proper sustenance as defined in
16 section three hundred fifty-three of the agriculture and markets law, or
17 animal fighting as defined in section three hundred fifty-one of the
18 agriculture and markets law.
19 § 2. The opening paragraph and subparagraphs (i), (iv), (vii), (ix),
20 (xix) and (xx) of paragraph (b) of subdivision 1 of section 530.20 of
21 the criminal procedure law, as amended by section 3 of part UU of chap-
22 ter 56 of the laws of 2020, are amended and sixteen new subparagraphs
23 (xxi), (xxii), (xxiii), (xxiv), (xxv), (xxvi), (xxvii), (xxviii),
24 (xxix), (xxx), (xxxi), (xxxii), (xxxiii), (xxxiv), (xxxv), and (xxxvi)
25 are added to read as follows:
26 Where the principal stands charged with a qualifying offense, the
27 court, unless otherwise prohibited by law, may in its discretion release
28 the principal pending trial on the principal's own recognizance or under
29 non-monetary conditions, fix bail, or, where the defendant is charged
30 with a qualifying offense [which is a felony], the court may commit the
31 principal to the custody of the sheriff. The court shall explain its
32 choice of release, release with conditions, bail or remand on the record
33 or in writing. A principal stands charged with a qualifying offense when
34 he or she stands charged with:
35 (i) a felony enumerated in section 70.02 of the penal law[, other than
36 robbery in the second degree as defined in subdivision one of section
37 160.10 of the penal law, provided, however, that burglary in the second
38 degree as defined in subdivision two of section 140.25 of the penal law
39 shall be a qualifying offense only where the defendant is charged with
40 entering the living area of the dwelling];
41 (iv) a class A felony defined in the penal law[, provided, that for
42 class A felonies under article two hundred twenty of such law, only
43 class A-I felonies shall be a qualifying offense];
44 (vii) money laundering in support of terrorism in the first degree as
45 defined in section 470.24 of the penal law; money laundering in support
46 of terrorism in the second degree as defined in section 470.23 of the
47 penal law; money laundering in support of terrorism in the third degree
48 as defined in section 470.22 of the penal law; money laundering in
49 support of terrorism in the fourth degree as defined in section 470.21
50 of the penal law; or a [felony crime of terrorism as defined in article
51 four hundred ninety of the penal law, other than the crime defined in
52 section 490.20 of such law] misdemeanor or felony crime defined in arti-
53 cle four hundred ninety of the penal law;
54 (ix) [facilitating a sexual performance by a child with a controlled
55 substance or alcohol as defined in section 263.30 of the penal law, use
56 of a child in a sexual performance as defined in section 263.05 of the
A. 6856 4
1 penal law] a misdemeanor or felony defined in article two hundred
2 sixty-three of the penal law or luring a child as defined in subdivision
3 one of section 120.70 of the penal law, promoting an obscene sexual
4 performance by a child as defined in section 263.10 of the penal law or
5 promoting a sexual performance by a child as defined in section 263.15
6 of the penal law;
7 (xix) a felony, where the defendant qualifies for sentencing on such
8 charge as a persistent felony offender pursuant to section 70.10 of the
9 penal law; [or]
10 (xx) any felony or class A misdemeanor involving harm to an identifi-
11 able person or property, where such charge arose from conduct occurring
12 while the defendant was released on his or her own recognizance or
13 released under conditions for a separate felony or class A misdemeanor
14 involving harm to an identifiable person or property, provided, however,
15 that the prosecutor must show reasonable cause to believe that the
16 defendant committed the instant crime and any underlying crime. For the
17 purposes of this subparagraph, any of the underlying crimes need not be
18 a qualifying offense as defined in this subdivision[.];
19 (xxi) a felony enumerated in article two hundred twenty of the penal
20 law;
21 (xxii) a hate crime defined in article four hundred eighty-five of the
22 penal law;
23 (xxiii) manslaughter in the second degree as defined in section 125.15
24 of the penal law;
25 (xxiv) criminally negligent homicide as defined in section 125.10 of
26 the penal law;
27 (xxv) reckless assault of a child as defined in section 120.02 of the
28 penal law, reckless assault of a child by a child day care provider as
29 defined in section 120.01 of the penal law;
30 (xxvi) burglary in the third degree as defined in section 140.20 of
31 the penal law and robbery in the third degree as defined in section
32 160.05 of the penal law;
33 (xxvii) stalking in the second degree as defined in section 120.55 of
34 the penal law, stalking in the third degree as defined in section 120.50
35 of the penal law or stalking in the fourth degree as defined in section
36 120.45 of the penal law;
37 (xxviii) aggravated vehicular manslaughter as defined in section
38 125.14 of the penal law;
39 (xxix) vehicular manslaughter in the first degree as defined in
40 section 125.13 of the penal law or vehicular manslaughter in the second
41 degree as defined in section 125.12 of the penal law;
42 (xxx) menacing in the first degree as defined in section 120.13 of the
43 penal law, menacing in the second degree as defined in section 120.14 of
44 the penal law or menacing in the third degree as defined in section
45 120.15 of the penal law;
46 (xxxi) coercion in the first degree as defined in section 135.65 of
47 the penal law;
48 (xxxii) arson in the fourth degree as defined in section 150.05 of the
49 penal law;
50 (xxxiii) criminal possession of a firearm as defined in section
51 265.01-b of the penal law;
52 (xxxiv) patronizing a person for prostitution in a school zone as
53 defined in section 230.08 of the penal law;
54 (xxxv) aggravated harassment in the first degree as defined in section
55 240.31 of the penal law; or
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1 (xxxvi) aggravated cruelty to animals as defined in section three
2 hundred fifty-three-a of the agriculture and markets law, overriding,
3 torturing and injuring animals; failure to provide proper sustenance as
4 defined in section three hundred fifty-three of the agriculture and
5 markets law, or animal fighting as defined in section three hundred
6 fifty-one of the agriculture and markets law.
7 § 3. The opening paragraph and paragraphs (a), (d), (g), (i), (s) and
8 (t) of subdivision 4 of section 530.40 of the criminal procedure law,
9 the opening paragraph and paragraphs (a), (d), (g) and (i) as amended
10 and paragraphs (s) and (t) as added by section 4 of part UU of chapter
11 56 of the laws of 2020, are amended and sixteen new paragraphs (u), (v),
12 (w), (x), (y), (z), (aa), (bb), (cc), (dd), (ee), (ff), (gg), (hh), (ii)
13 and (jj) are added to read as follows:
14 Where the principal stands charged with a qualifying offense, the
15 court, unless otherwise prohibited by law, may in its discretion release
16 the principal pending trial on the principal's own recognizance or under
17 non-monetary conditions, fix bail, or, where the defendant is charged
18 with a qualifying offense [which is a felony], the court may commit the
19 principal to the custody of the sheriff. The court shall explain its
20 choice of release, release with conditions, bail or remand on the record
21 or in writing. A principal stands charged with a qualifying offense for
22 the purposes of this subdivision when he or she stands charged with:
23 (a) a felony enumerated in section 70.02 of the penal law[, other than
24 robbery in the second degree as defined in subdivision one of section
25 160.10 of the penal law, provided, however, that burglary in the second
26 degree as defined in subdivision two of section 140.25 of the penal law
27 shall be a qualifying offense only where the defendant is charged with
28 entering the living area of the dwelling];
29 (d) a class A felony defined in the penal law[, provided that for
30 class A felonies under article two hundred twenty of such law, only
31 class A-I felonies shall be a qualifying offense];
32 (g) money laundering in support of terrorism in the first degree as
33 defined in section 470.24 of the penal law; money laundering in support
34 of terrorism in the second degree as defined in section 470.23 of the
35 penal law; money laundering in support of terrorism in the third degree
36 as defined in section 470.22 of the penal law; money laundering in
37 support of terrorism in the fourth degree as defined in section 470.21
38 of the penal law; or a [felony crime of terrorism as defined in article
39 four hundred ninety of the penal law, other than the crime defined in
40 section 490.20 of such law] misdemeanor or felony crime defined in arti-
41 cle four hundred ninety of the penal law;
42 (i) [facilitating a sexual performance by a child with a controlled
43 substance or alcohol as defined in section 263.30 of the penal law, use
44 of a child in a sexual performance as defined in section 263.05 of the
45 penal law] misdemeanor or felony defined in article two hundred sixty-
46 three of the penal law or luring a child as defined in subdivision one
47 of section 120.70 of the penal law, promoting an obscene sexual perform-
48 ance by a child as defined in section 263.10 of the penal law or promot-
49 ing a sexual performance by a child as defined in section 263.15 of the
50 penal law;
51 (s) a felony, where the defendant qualifies for sentencing on such
52 charge as a persistent felony offender pursuant to section 70.10 of the
53 penal law; [or]
54 (t) any felony or class A misdemeanor involving harm to an identifi-
55 able person or property, where such charge arose from conduct occurring
56 while the defendant was released on his or her own recognizance or
A. 6856 6
1 released under conditions for a separate felony or class A misdemeanor
2 involving harm to an identifiable person or property, provided, however,
3 that the prosecutor must show reasonable cause to believe that the
4 defendant committed the instant crime and any underlying crime. For the
5 purposes of this subparagraph, any of the underlying crimes need not be
6 a qualifying offense as defined in this subdivision[.];
7 (u) a felony enumerated in article two hundred twenty of the penal
8 law;
9 (v) a hate crime defined in article four hundred eighty-five of the
10 penal law;
11 (w) manslaughter in the second degree as defined in section 125.15 of
12 the penal law;
13 (x) criminally negligent homicide as defined in section 125.10 of the
14 penal law;
15 (y) reckless assault of a child as defined in section 120.02 of the
16 penal law, reckless assault of a child by a child day care provider as
17 defined in section 120.01 of the penal law;
18 (z) burglary in the third degree as defined in section 140.20 of the
19 penal law and robbery in the third degree as defined in section 160.05
20 of the penal law;
21 (aa) stalking in the second degree as defined in section 120.55 of the
22 penal law, stalking in the third degree as defined in section 120.50 of
23 the penal law or stalking in the fourth degree as defined in section
24 120.45 of the penal law;
25 (bb) aggravated vehicular manslaughter as defined in section 125.14 of
26 the penal law;
27 (cc) vehicular manslaughter in the first degree as defined in section
28 125.13 of the penal law or vehicular manslaughter in the second degree
29 as defined in section 125.12 of the penal law;
30 (dd) menacing in the first degree as defined in section 120.13 of the
31 penal law, menacing in the second degree as defined in section 120.14 of
32 the penal law or menacing in the third degree as defined in section
33 120.15 of the penal law;
34 (ee) coercion in the first degree as defined in section 135.65 of the
35 penal law;
36 (ff) arson in the fourth degree as defined in section 150.05 of the
37 penal law;
38 (gg) criminal possession of a firearm as defined in section 265.01-b
39 of the penal law;
40 (hh) patronizing a person for prostitution in a school zone as defined
41 in section 230.08 of the penal law;
42 (ii) aggravated harassment in the first degree as defined in section
43 240.31 of the penal law; or
44 (jj) aggravated cruelty to animals as defined in section three hundred
45 fifty-three-a of the agriculture and markets law, overriding, torturing
46 and injuring animals; failure to provide proper sustenance as defined in
47 section three hundred fifty-three of the agriculture and markets law, or
48 animal fighting as defined in section three hundred fifty-one of the
49 agriculture and markets law.
50 § 4. This act shall take effect immediately.
