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.
A. 10181 3
§ 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.