S T A T E O F N E W Y O R K
________________________________________________________________________
9030
I N A S S E M B L Y
January 10, 2020
___________
Introduced by M. of A. BUTTENSCHON -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to drug and
domestic violence offenses qualifying for bail
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph and paragraphs (a), (d), (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:
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];
(d) a class A felony AS defined in the penal law[, other than in arti-
cle two hundred twenty of such law with the exception of section 220.77
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14317-01-9
A. 9030 2
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[.];
(J) A CLASS B, C OR D FELONY ENUMERATED IN ARTICLE TWO HUNDRED TWENTY
OF THE PENAL LAW;
(K) A CRIME WHICH RESULTED IN DEATH OR SERIOUS PHYSICAL INJURY; OR
(L) AN AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION 240.75 OF THE
PENAL LAW.
§ 2. The opening paragraph and subparagraphs (i), (iv), (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:
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. The court shall explain its
choice of release, release with conditions, bail or remand on the record
or in writing. A principal stands charged with a qualifying offense when
he or she stands charged with:
(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];
(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[.];
(X) A CLASS B, C OR D FELONY ENUMERATED IN ARTICLE TWO HUNDRED TWENTY
OF THE PENAL LAW;
(XI) A CRIME WHICH RESULTED IN DEATH OR SERIOUS PHYSICAL INJURY; OR
(XII) AN AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION 240.75 OF THE
PENAL LAW.
§ 3. The opening paragraph and paragraphs (a), (d), (h) and (i) of
subdivision 4 of section 530.40 of the criminal procedure law, as added
A. 9030 3
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:
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. The court shall explain its
choice of release, release with conditions, bail or remand on the record
or in writing. 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];
(d) a class A felony AS defined in the penal law[, other than in arti-
cle two hundred twenty of such law with the exception of section 220.77
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[.];
(J) A CLASS B, C OR D FELONY ENUMERATED IN ARTICLE TWO HUNDRED TWENTY
OF THE PENAL LAW;
(K) A CRIME WHICH RESULTED IN DEATH OR SERIOUS PHYSICAL INJURY; OR
(L) AN AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION 240.75 OF THE
PENAL LAW.
§ 4. This act shall take effect on the same date and in the same
manner as part JJJ of chapter 59 of the laws of 2019, takes effect.