Assembly Bill A10639

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10639
 
                           I N  A S S E M B L Y
 
                               June 17, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Paulin,
   Lupardo) -- 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.
   § 2. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of
 section 530.20 of the criminal procedure law, as amended by section 3 of
 part  UU  of  chapter  56  of  the laws of 2020, are amended and two new
 subparagraphs (xxi) and (xxii) are added to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14907-02-0

 A. 10639                            2
 
   (xix) 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]
   (xx)  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[.];
   (XXI) 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
   (XXII) 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.
   § 3. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of  the
 criminal  procedure  law, as added by section 4 of part UU of chapter 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.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a law; provided, however, that if part UU of chapter 56 of
 the laws of 2020 shall not have taken effect on or before such date then
 this act shall take effect on the same date and in the  same  manner  as
 such part takes effect.