STATE OF NEW YORK
________________________________________________________________________
2027
2021-2022 Regular Sessions
IN SENATE
January 16, 2021
___________
Introduced by Sens. AKSHAR, BORRELLO, BOYLE, HELMING, JORDAN, O'MARA,
ORTT, RITCHIE, TEDISCO -- 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 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];
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04338-01-1
S. 2027 2
1 (d) a class A felony defined in the penal law[, provided that for
2 class A felonies under article two hundred twenty of the penal law, only
3 class A-I felonies shall be a qualifying offense];
4 (g) money laundering in support of terrorism in the first degree as
5 defined in section 470.24 of the penal law; money laundering in support
6 of terrorism in the second degree as defined in section 470.23 of the
7 penal law; money laundering in support of terrorism in the third degree
8 as defined in section 470.22 of the penal law; money laundering in
9 support of terrorism in the fourth degree as defined in section 470.21
10 of the penal law; or a [felony crime of terrorism as defined in article
11 four hundred ninety of the penal law, other than the crime defined in
12 section 490.20 of such law] misdemeanor or felony crime defined in arti-
13 cle four hundred ninety of the penal law;
14 (i) [facilitating a sexual performance by a child with a controlled
15 substance or alcohol as defined in section 263.30 of the penal law, use
16 of a child in a sexual performance as defined in section 263.05 of the
17 penal law] a misdemeanor or felony defined in article two hundred
18 sixty-three of the penal law or luring a child as defined in subdivision
19 one of section 120.70 of the penal law, promoting an obscene sexual
20 performance by a child as defined in section 263.10 of the penal law or
21 promoting a sexual performance by a child as defined in section 263.15
22 of the penal law;
23 (s) a felony, where the defendant qualifies for sentencing on such
24 charge as a persistent felony offender pursuant to section 70.10 of the
25 penal law; [or]
26 (t) any felony or class A misdemeanor involving harm to an identifi-
27 able person or property, where such charge arose from conduct occurring
28 while the defendant was released on his or her own recognizance or
29 released under conditions for a separate felony or class A misdemeanor
30 involving harm to an identifiable person or property, provided, however,
31 that the prosecutor must show reasonable cause to believe that the
32 defendant committed the instant crime and any underlying crime. For the
33 purposes of this subparagraph, any of the underlying crimes need not be
34 a qualifying offense as defined in this subdivision[.];
35 (u) a felony enumerated in article two hundred twenty of the penal
36 law;
37 (v) a hate crime defined in article four hundred eighty-five of the
38 penal law;
39 (w) manslaughter in the second degree as defined in section 125.15 of
40 the penal law;
41 (x) criminally negligent homicide as defined in section 125.10 of the
42 penal law;
43 (y) reckless assault of a child as defined in section 120.02 of the
44 penal law or reckless assault of a child by a child day care provider as
45 defined in section 120.01 of the penal law;
46 (z) burglary in the third degree as defined in section 140.20 of the
47 penal law and robbery in the third degree as defined in section 160.05
48 of the penal law;
49 (aa) stalking in the second degree as defined in section 120.55 of the
50 penal law, stalking in the third degree as defined in section 120.50 of
51 the penal law or stalking in the fourth degree as defined in section
52 120.45 of the penal law;
53 (bb) aggravated vehicular manslaughter as defined in section 125.14 of
54 the penal law;
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1 (cc) vehicular manslaughter in the first degree as defined in section
2 125.13 of the penal law or vehicular manslaughter in the second degree
3 as defined in section 125.12 of the penal law;
4 (dd) menacing in the first degree as defined in section 120.13 of the
5 penal law, menacing in the second degree as defined in section 120.14 of
6 the penal law or menacing in the third degree as defined in section
7 120.15 of the penal law;
8 (ee) coercion in the first degree as defined in section 135.65 of the
9 penal law;
10 (ff) arson in the fourth degree as defined in section 150.05 of the
11 penal law;
12 (gg) criminal possession of a firearm as defined in section 265.01-b
13 of the penal law;
14 (hh) patronizing a person for prostitution in a school zone as defined
15 in section 230.08 of the penal law;
16 (ii) aggravated harassment in the first degree as defined in section
17 240.31 of the penal law; or
18 (jj) aggravated cruelty to animals as defined in section three hundred
19 fifty-three-a of the agriculture and markets law, overriding, torturing
20 and injuring animals; failure to provide proper sustenance as defined in
21 section three hundred fifty-three of the agriculture and markets law, or
22 animal fighting as defined in section three hundred fifty-one of the
23 agriculture and markets law.
24 § 2. The opening paragraph and subparagraphs (i), (iv), (vii), (ix),
25 (xix) and (xx) of paragraph (b) of subdivision 1 of section 530.20 of
26 the criminal procedure law, as amended by section 3 of part UU of chap-
27 ter 56 of the laws of 2020, are amended and sixteen new subparagraphs
28 (xxi), (xxii), (xxiii), (xxiv), (xxv), (xxvi), (xxvii), (xxviii),
29 (xxix), (xxx), (xxxi), (xxxii), (xxxiii), (xxxiv), (xxxv), and (xxxvi)
30 are added to read as follows:
31 Where the principal stands charged with a qualifying offense, the
32 court, unless otherwise prohibited by law, may in its discretion release
33 the principal pending trial on the principal's own recognizance or under
34 non-monetary conditions, fix bail, or, where the defendant is charged
35 with a qualifying offense [which is a felony], the court may commit the
36 principal to the custody of the sheriff. The court shall explain its
37 choice of release, release with conditions, bail or remand on the record
38 or in writing. A principal stands charged with a qualifying offense when
39 he or she stands charged with:
40 (i) a felony enumerated in section 70.02 of the penal law[, other than
41 robbery in the second degree as defined in subdivision one of section
42 160.10 of the penal law, provided, however, that burglary in the second
43 degree as defined in subdivision two of section 140.25 of the penal law
44 shall be a qualifying offense only where the defendant is charged with
45 entering the living area of the dwelling];
46 (iv) a class A felony defined in the penal law[, provided, that for
47 class A felonies under article two hundred twenty of such law, only
48 class A-I felonies shall be a qualifying offense];
49 (vii) money laundering in support of terrorism in the first degree as
50 defined in section 470.24 of the penal law; money laundering in support
51 of terrorism in the second degree as defined in section 470.23 of the
52 penal law; money laundering in support of terrorism in the third degree
53 as defined in section 470.22 of the penal law; money laundering in
54 support of terrorism in the fourth degree as defined in section 470.21
55 of the penal law; or a [felony crime of terrorism as defined in article
56 four hundred ninety of the penal law, other than the crime defined in
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1 section 490.20 of such law] misdemeanor or felony crime defined in arti-
2 cle four hundred ninety of the penal law;
3 (ix) [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] a misdemeanor or felony defined in article two hundred
7 sixty-three of the penal law or luring a child as defined in subdivision
8 one of section 120.70 of the penal law, promoting an obscene sexual
9 performance by a child as defined in section 263.10 of the penal law or
10 promoting a sexual performance by a child as defined in section 263.15
11 of the penal law;
12 (xix) a felony, where the defendant qualifies for sentencing on such
13 charge as a persistent felony offender pursuant to section 70.10 of the
14 penal law; [or]
15 (xx) any felony or class A misdemeanor involving harm to an identifi-
16 able person or property, where such charge arose from conduct occurring
17 while the defendant was released on his or her own recognizance or
18 released under conditions for a separate felony or class A misdemeanor
19 involving harm to an identifiable person or property, provided, however,
20 that the prosecutor must show reasonable cause to believe that the
21 defendant committed the instant crime and any underlying crime. For the
22 purposes of this subparagraph, any of the underlying crimes need not be
23 a qualifying offense as defined in this subdivision[.];
24 (xxi) a felony enumerated in article two hundred twenty of the penal
25 law;
26 (xxii) a hate crime defined in article four hundred eighty-five of the
27 penal law;
28 (xxiii) manslaughter in the second degree as defined in section 125.15
29 of the penal law;
30 (xxiv) criminally negligent homicide as defined in section 125.10 of
31 the penal law;
32 (xxv) reckless assault of a child as defined in section 120.02 of the
33 penal law, reckless assault of a child by a child day care provider as
34 defined in section 120.01 of the penal law;
35 (xxvi) burglary in the third degree as defined in section 140.20 of
36 the penal law and robbery in the third degree as defined in section
37 160.05 of the penal law;
38 (xxvii) stalking in the second degree as defined in section 120.55 of
39 the penal law, stalking in the third degree as defined in section 120.50
40 of the penal law or stalking in the fourth degree as defined in section
41 120.45 of the penal law;
42 (xxviii) aggravated vehicular manslaughter as defined in section
43 125.14 of the penal law;
44 (xxix) vehicular manslaughter in the first degree as defined in
45 section 125.13 of the penal law or vehicular manslaughter in the second
46 degree as defined in section 125.12 of the penal law;
47 (xxx) menacing in the first degree as defined in section 120.13 of the
48 penal law, menacing in the second degree as defined in section 120.14 of
49 the penal law or menacing in the third degree as defined in section
50 120.15 of the penal law;
51 (xxxi) coercion in the first degree as defined in section 135.65 of
52 the penal law;
53 (xxxii) arson in the fourth degree as defined in section 150.05 of the
54 penal law;
55 (xxxiii) criminal possession of a firearm as defined in section
56 265.01-b of the penal law;
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1 (xxxiv) patronizing a person for prostitution in a school zone as
2 defined in section 230.08 of the penal law;
3 (xxxv) aggravated harassment in the first degree as defined in section
4 240.31 of the penal law; or
5 (xxxvi) aggravated cruelty to animals as defined in section three
6 hundred fifty-three-a of the agriculture and markets law, overriding,
7 torturing and injuring animals; failure to provide proper sustenance as
8 defined in section three hundred fifty-three of the agriculture and
9 markets law, or animal fighting as defined in section three hundred
10 fifty-one of the agriculture and markets law.
11 § 3. The opening paragraph and paragraphs (a), (d), (g), (i), (s) and
12 (t) of subdivision 4 of section 530.40 of the criminal procedure law,
13 the opening paragraph and paragraphs (a), (d), (g) and (i) as amended
14 and paragraphs (s) and (t) as added by section 4 of part UU of chapter
15 56 of the laws of 2020, are amended and sixteen new paragraphs (u), (v),
16 (w), (x), (y), (z), (aa), (bb), (cc), (dd), (ee), (ff), (gg), (hh), (ii)
17 and (jj) 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 for
26 the purposes of this subdivision when he or she stands charged with:
27 (a) a felony enumerated in section 70.02 of the penal law[, other than
28 robbery in the second degree as defined in subdivision one of section
29 160.10 of the penal law, provided, however, that burglary in the second
30 degree as defined in subdivision two of section 140.25 of the penal law
31 shall be a qualifying offense only where the defendant is charged with
32 entering the living area of the dwelling];
33 (d) a class A felony defined in the penal law[, provided that for
34 class A felonies under article two hundred twenty of such law, only
35 class A-I felonies shall be a qualifying offense];
36 (g) money laundering in support of terrorism in the first degree as
37 defined in section 470.24 of the penal law; money laundering in support
38 of terrorism in the second degree as defined in section 470.23 of the
39 penal law; money laundering in support of terrorism in the third degree
40 as defined in section 470.22 of the penal law; money laundering in
41 support of terrorism in the fourth degree as defined in section 470.21
42 of the penal law; or a [felony crime of terrorism as defined in article
43 four hundred ninety of the penal law, other than the crime defined in
44 section 490.20 of such law] misdemeanor or felony crime defined in arti-
45 cle four hundred ninety of the penal law;
46 (i) [facilitating a sexual performance by a child with a controlled
47 substance or alcohol as defined in section 263.30 of the penal law, use
48 of a child in a sexual performance as defined in section 263.05 of the
49 penal law] misdemeanor or felony defined in article two hundred sixty-
50 three of the penal law or luring a child as defined in subdivision one
51 of section 120.70 of the penal law, promoting an obscene sexual perform-
52 ance by a child as defined in section 263.10 of the penal law or promot-
53 ing a sexual performance by a child as defined in section 263.15 of the
54 penal law;
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1 (s) a felony, where the defendant qualifies for sentencing on such
2 charge as a persistent felony offender pursuant to section 70.10 of the
3 penal law; [or]
4 (t) any felony or class A misdemeanor involving harm to an identifi-
5 able person or property, where such charge arose from conduct occurring
6 while the defendant was released on his or her own recognizance or
7 released under conditions for a separate felony or class A misdemeanor
8 involving harm to an identifiable person or property, provided, however,
9 that the prosecutor must show reasonable cause to believe that the
10 defendant committed the instant crime and any underlying crime. For the
11 purposes of this subparagraph, any of the underlying crimes need not be
12 a qualifying offense as defined in this subdivision[.];
13 (u) a felony enumerated in article two hundred twenty of the penal
14 law;
15 (v) a hate crime defined in article four hundred eighty-five of the
16 penal law;
17 (w) manslaughter in the second degree as defined in section 125.15 of
18 the penal law;
19 (x) criminally negligent homicide as defined in section 125.10 of the
20 penal law;
21 (y) reckless assault of a child as defined in section 120.02 of the
22 penal law, reckless assault of a child by a child day care provider as
23 defined in section 120.01 of the penal law;
24 (z) burglary in the third degree as defined in section 140.20 of the
25 penal law and robbery in the third degree as defined in section 160.05
26 of the penal law;
27 (aa) stalking in the second degree as defined in section 120.55 of the
28 penal law, stalking in the third degree as defined in section 120.50 of
29 the penal law or stalking in the fourth degree as defined in section
30 120.45 of the penal law;
31 (bb) aggravated vehicular manslaughter as defined in section 125.14 of
32 the penal law;
33 (cc) vehicular manslaughter in the first degree as defined in section
34 125.13 of the penal law or vehicular manslaughter in the second degree
35 as defined in section 125.12 of the penal law;
36 (dd) menacing in the first degree as defined in section 120.13 of the
37 penal law, menacing in the second degree as defined in section 120.14 of
38 the penal law or menacing in the third degree as defined in section
39 120.15 of the penal law;
40 (ee) coercion in the first degree as defined in section 135.65 of the
41 penal law;
42 (ff) arson in the fourth degree as defined in section 150.05 of the
43 penal law;
44 (gg) criminal possession of a firearm as defined in section 265.01-b
45 of the penal law;
46 (hh) patronizing a person for prostitution in a school zone as defined
47 in section 230.08 of the penal law;
48 (ii) aggravated harassment in the first degree as defined in section
49 240.31 of the penal law; or
50 (jj) aggravated cruelty to animals as defined in section three hundred
51 fifty-three-a of the agriculture and markets law, overriding, torturing
52 and injuring animals; failure to provide proper sustenance as defined in
53 section three hundred fifty-three of the agriculture and markets law, or
54 animal fighting as defined in section three hundred fifty-one of the
55 agriculture and markets law.
56 § 4. This act shall take effect immediately.