Assembly Bill A376A

2021-2022 Legislative Session

Relates to the application of bail in certain prostitution and labor trafficking cases

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2021-A376 - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10639
2023-2024: A4197

2021-A376 - Summary

Authorizes courts to order remand or bail in certain prostitution and labor trafficking cases.

2021-A376 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    376
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the criminal procedure law, in relation to the applica-
   tion of bail in sex trafficking and labor trafficking cases

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (s) and (t) of subdivision 4 of section 510.10
 of the criminal procedure law, as added by section 2 of part UU of chap-
 ter 56 of the laws of 2020, are amended and two new paragraphs  (u)  and
 (v) are added to read as follows:
   (s)  a  felony,  where  the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, where such charge arose from conduct  occurring
 while  the  defendant  was  released  on  his or her own recognizance or
 released under conditions for a separate felony or class  A  misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that  the  prosecutor  must  show  reasonable  cause to believe that the
 defendant committed the instant crime and any underlying crime. For  the
 purposes  of this subparagraph, any of the underlying crimes need not be
 a qualifying offense as defined in this subdivision[.];
   (U) A CRIME INVOLVING PROMOTING  PROSTITUTION  UNDER  SECTION  230.25,
 230.30 OR 230.32 OF THE PENAL LAW, COMPELLING PROSTITUTION AS DEFINED IN
 SECTION 230.33 OF THE PENAL LAW OR SEX TRAFFICKING AS DEFINED IN SECTION
 230.34 OF THE PENAL LAW; OR
   (V) LABOR TRAFFICKING AS DEFINED IN SECTION 135.35 OF THE PENAL LAW OR
 AGGRAVATED  LABOR  TRAFFICKING AS DEFINED IN SECTION 135.37 OF THE PENAL
 LAW.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-A376A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10639
2023-2024: A4197

2021-A376A (ACTIVE) - Summary

Authorizes courts to order remand or bail in certain prostitution and labor trafficking cases.

2021-A376A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  376--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. PAULIN, GRIFFIN, GALEF, BRABENEC -- read once and
   referred  to the Committee on Codes -- recommitted to the Committee on
   Codes in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the criminal procedure law, in relation to the applica-
   tion of bail in certain prostitution cases and labor trafficking cases
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (t) and (u) of subdivision 4 of section 510.10
 of the criminal procedure law, paragraph (t) as  amended  and  paragraph
 (u)  as  added by section 2 of subpart B of part UU of chapter 56 of the
 laws of 2022, are amended and two new paragraphs (v) and (w)  are  added
 to read as follows:
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined in section 265.01-b of the penal law,  provided,  however,  that
 the  prosecutor must show reasonable cause to believe that the defendant
 committed the instant crime and any underlying crime. For  the  purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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