Assembly Bill A9019

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9019
 
                           I N  A S S E M B L Y
 
                             January 10, 2020
                                ___________
 
 Introduced by M. of A. M. L. MILLER, RA -- read once and referred to the
   Committee on Codes
 
 AN  ACT  to  amend the criminal procedure law, in relation to defining a
   qualified offense for purposes of bail recognizance and  the  issuance
   of securing orders
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 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, is amended to read as follows:
   4. Where the principal stands charged with a qualifying  offense,  the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary  conditions,  fix  bail, or, where the defendant is charged
 with a qualifying offense which is a felony, the court  may  commit  the
 principal to the custody of the sheriff. A principal stands charged with
 a qualifying offense for the purposes of this subdivision when he or she
 stands charged with:
   (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;
   (b) a crime involving witness intimidation under section 215.15 of the
 penal law;
   (c) a crime involving witness tampering under section  215.11,  215.12
 or 215.13 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;
   (e)  a felony sex offense defined in section 70.80 of the penal law or
 a crime involving incest as defined in section 255.25, 255.26 or  255.27
 of  such  law, or a misdemeanor defined in article one hundred thirty of
 such law;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14629-01-0

 A. 9019                             2
 
   (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;
   (g)  money  laundering  in support of terrorism in the first degree as
 defined in section 470.24 of the penal law; money laundering in  support
 of  terrorism  in  the second degree as defined in section 470.23 of the
 penal law; or a felony crime of terrorism as  defined  in  article  four
 hundred ninety of the penal law, other than the crime defined in section
 490.20 of such 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; OR
   (J)  A CRIME DEFINED AS A HATE CRIME UNDER SECTION 485.05 OF THE PENAL
 LAW.
   § 2. This act shall take effect immediately.