S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10181
 
                           I N  A S S E M B L Y
 
                              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:

   Section 1. Paragraphs (a), (d), (f), (h) and (i) of subdivision  4  of
 section  510.10  of the criminal procedure law, as added by section 2 of
 part JJJ of chapter 59 of the laws of 2019, are amended  and  three  new
 paragraphs (j), (k) and (l) are added to read as follows:
   (a) a felony enumerated in section 70.02 of the penal law[, other than
 burglary  in  the second degree as defined in subdivision two of section
 140.25 of the penal law or robbery in the second degree  as  defined  in
 subdivision one of section 160.10 of the penal law];
   (d)  a class A felony defined in the penal law[, other than in article
 two hundred twenty of such law with the exception of section  220.77  of
 such law];
   (f)  conspiracy  in  the second degree as defined in section 105.15 of
 the penal law, where the underlying allegation of such  charge  is  that
 the  defendant  conspired to commit a class A felony [defined in article
 one hundred twenty-five of the penal law];
   (h) [criminal contempt in the second degree as defined in  subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
 the penal law or aggravated criminal  contempt  as  defined  in  section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal  contempt  in the second degree, criminal contempt in the first
 degree or aggravated criminal contempt is that the defendant violated  a
 duly served order of protection where the protected party is a member of
 the  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this article; or
   (i)] facilitating a sexual performance by a child  with  a  controlled
 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
 
 of a child in a sexual performance as defined in section 263.05  of  the
 penal  law  or  luring  a child as defined in subdivision one of section
 120.70 of the penal law[.];
   (I)  ANY  FELONY  DEFINED IN ARTICLE ONE HUNDRED TWENTY OR ONE HUNDRED
 TWENTY-FIVE OF THE PENAL LAW;
   (J) CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION AS  DEFINED
 IN  SECTION  121.11 OF THE PENAL LAW, STRANGULATION IN THE SECOND DEGREE
 AS DEFINED IN SECTION 121.12 OF THE PENAL LAW OR  STRANGULATION  IN  THE
 FIRST DEGREE AS DEFINED IN SECTION 121.13 OF THE PENAL LAW;
   (K)  A  CONTROLLED SUBSTANCE OFFENSE AS DEFINED IN ARTICLE TWO HUNDRED
 TWENTY OF THE PENAL LAW; OR
   (L) ANY OFFENSE AGAINST A MEMBER OR MEMBERS OF  THE  DEFENDANT'S  SAME
 FAMILY  OR  HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF
 THIS TITLE.
   § 2. Subparagraphs (i), (iv), (vi), (viii) and (ix) of  paragraph  (b)
 of  subdivision  1  of  section 530.20 of the criminal procedure law, as
 added by section 16 of part JJJ of chapter 59 of the laws of  2019,  are
 amended  and  three  new  subparagraphs (x), (xi) and (xii) are added to
 read as follows:
   (i) a felony enumerated in section 70.02 of the penal law[, other than
 burglary in the second degree as defined in subdivision two  of  section
 140.25  of  the  penal law or robbery in the second degree as defined in
 subdivision one of section 160.10 of the penal law];
   (iv) a class A felony defined in the penal law[, other than in article
 two hundred twenty of such law with the exception of section  220.77  of
 such law];
   (vi)  conspiracy  in the second degree as defined in section 105.15 of
 the penal law, where the underlying allegation of such  charge  is  that
 the  defendant  conspired to commit a class A felony [defined in article
 one hundred twenty-five of the penal law];
   (viii) [criminal contempt in the second degree as defined in  subdivi-
 sion  three of section 215.50 of the penal law, criminal contempt in the
 first degree as defined in subdivision (b), (c) or (d) of section 215.51
 of the penal law or aggravated criminal contempt as defined  in  section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal  contempt  in the second degree, criminal contempt in the first
 degree or aggravated criminal contempt is that the defendant violated  a
 duly served order of protection where the protected party is a member of
 the  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this article; or
   (ix)] facilitating a sexual performance by a child with  a  controlled
 substance  or alcohol as defined in section 263.30 of the penal law, use
 of a child in a sexual performance as defined in section 263.05  of  the
 penal  law  or  luring  a child as defined in subdivision one of section
 120.70 of the penal law[.];
   (IX) ANY FELONY DEFINED IN ARTICLE ONE HUNDRED TWENTY OR  ONE  HUNDRED
 TWENTY-FIVE OF THE PENAL LAW;
   (X)  CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION AS DEFINED
 IN SECTION 121.11 OF THE PENAL LAW, STRANGULATION IN THE  SECOND  DEGREE
 AS  DEFINED  IN  SECTION 121.12 OF THE PENAL LAW OR STRANGULATION IN THE
 FIRST DEGREE AS DEFINED IN SECTION 121.13 OF THE PENAL LAW;
   (XI) A CONTROLLED SUBSTANCE OFFENSE AS DEFINED IN ARTICLE TWO  HUNDRED
 TWENTY OF THE PENAL LAW; OR
   (XII)  ANY OFFENSE AGAINST A MEMBER OR MEMBERS OF THE DEFENDANT'S SAME
 FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION  530.11  OF
 THIS ARTICLE.

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   § 3. Paragraphs (a), (d), (f), (h) and (i) of subdivision 4 of section
 530.40 of the criminal procedure law, as added by section 18 of part JJJ
 of  chapter 59 of the laws of 2019, are amended and three new paragraphs
 (j), (k) and (l) are added to read as follows:
   (a) a felony enumerated in section 70.02 of the penal law[, other than
 burglary  in  the second degree as defined in subdivision two of section
 140.25 of the penal law or robbery in the second degree  as  defined  in
 subdivision one of section 160.10 of the penal law];
   (d)  a class A felony defined in the penal law[, other than in article
 two hundred twenty of such law with the exception of section  220.77  of
 such law];
   (f)  conspiracy  in  the second degree as defined in section 105.15 of
 the penal law, where the underlying allegation of such  charge  is  that
 the  defendant  conspired to commit a class A felony [defined in article
 one hundred twenty-five of the penal law];
   (h) [criminal contempt in the second degree as defined in  subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
 the penal law or aggravated criminal  contempt  as  defined  in  section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal  contempt  in the second degree, criminal contempt in the first
 degree or aggravated criminal contempt is that the defendant violated  a
 duly served order of protection where the protected party is a member of
 the  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this article; or
   (i)] facilitating a sexual performance by a child  with  a  controlled
 substance  or alcohol as defined in section 263.30 of the penal law, use
 of a child in a sexual performance as defined in section 263.05  of  the
 penal  law  or  luring  a child as defined in subdivision one of section
 120.70 of the penal law[.];
   (I) ANY FELONY DEFINED IN ARTICLE ONE HUNDRED TWENTY  OR  ONE  HUNDRED
 TWENTY-FIVE OF THE PENAL LAW;
   (J)  CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION AS DEFINED
 IN SECTION 121.11 OF THE PENAL LAW, STRANGULATION IN THE  SECOND  DEGREE
 AS  DEFINED  IN  SECTION 121.12 OF THE PENAL LAW OR STRANGULATION IN THE
 FIRST DEGREE AS DEFINED IN SECTION 121.13 OF THE PENAL LAW;
   (K) A CONTROLLED SUBSTANCE OFFENSE AS DEFINED IN ARTICLE  TWO  HUNDRED
 TWENTY OF THE PENAL LAW; OR
   (L)  ANY  OFFENSE  AGAINST A MEMBER OR MEMBERS OF THE DEFENDANT'S SAME
 FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION  530.11  OF
 THIS ARTICLE.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.