Relates to securing orders for principals charged with certain qualifying offenses; includes certain sex offenses as qualifying offenses for which the court has discretion to release the principal pending trial on the principal's own recognizance or under non-monetary conditions, fix bail, or commit the principal to the custody of the sheriff.
S T A T E O F N E W Y O R K
________________________________________________________________________
9556
I N A S S E M B L Y
January 24, 2020
___________
Introduced by M. of A. WALLACE, FAHY, GRIFFIN, McMAHON, BURKE, JONES,
BUTTENSCHON, WOERNER, LUPARDO -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to securing
orders for principals charged with certain qualifying offenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (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 to read as follows:
(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] TITLE; [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) ANY OF THE FOLLOWING OFFENSES WHERE THE DEFENDANT IS REQUIRED TO
MAINTAIN REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW AND
DESIGNATED A LEVEL TWO OR LEVEL THREE OFFENDER PURSUANT TO SUBDIVISION
SIX OF SECTION ONE HUNDRED SIXTY-EIGHT-L OF THE CORRECTION LAW: ENDAN-
GERING THE WELFARE OF A CHILD AS DEFINED IN SECTION 260.10 OF THE PENAL
LAW; PUBLIC LEWDNESS AS DEFINED IN SECTION 245.00 OF THE PENAL LAW;
EXPOSURE OF A PERSON AS DEFINED IN SECTION 245.01 OF THE PENAL LAW;
PUBLIC LEWDNESS IN THE FIRST DEGREE AS DEFINED IN SECTION 245.03 OF THE
PENAL LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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